December 14, 2000 CONGRESSIONAL RECORD—SENATE 26611 SENATE—Thursday, December 14, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 10 a.m., on the ex- will be in a period of morning business Certainly the prayer delivered by our piration of the recess, and was called to for a short time today. Chaplain this morning clearly speaks order by the President pro tempore The Senate was expected to consider to the concerns we have had and the [Mr. THURMOND]. the final appropriations bill during to- wounds that must be bound and, of day’s session. However, because of course, the actions that will be taken PRAYER changes in the House schedule, the in behalf of leading this country. The Chaplain, Dr. Lloyd John Senate will not begin consideration of I think all of us look forward to the Ogilvie, offered the following prayer: the final package until tomorrow opportunity of working with President Dear Father, this morning we praise morning pending its receipt from the George Bush in the coming days. You for four great Americans who have House. It is hoped that the House can f distinguished themselves in the Presi- complete action shortly after noon to- CONGRESSMAN JULIAN C. DIXON dential and Vice Presidential elections: morrow. Senators will be updated on George W. Bush, AL GORE, Dick Che- the vote time throughout the day Mr. CRAIG. Mr. President, the House ney, and JOE LIEBERMAN. We admire today. is not in session because of the funeral their fervent desire to serve our Nation I think that probably covers the con- of Congressman Julian Dixon. and their tireless efforts to make their cerns of my colleagues, and I thank my Many here in the Senate did not visions known. Now, after all the pro- colleagues for their attention. know the Congressman, but I did. I had tracted debate and prolonged legal bat- the great opportunity to serve with f tles, we ask You to heal our land. Unite him in the most difficult of cir- us in a renewed commitment to patri- RESERVATION OF LEADER TIME cumstances. We served on the Ethics otism more than party spirit, to dedi- The PRESIDING OFFICER. Under Committee together during the period cation more than divisiveness, to rec- the previous order, leadership time is in which Jim Wright was examined for onciliation more than recrimination. reserved. what was believed to be, and what was Motivated by love for You and Amer- f later found to be, unethical activities ica, we pledge our support and loyalty for which he finally resigned. to George W. Bush and Dick Cheney as MORNING BUSINESS Julian Dixon was a fine American. they prepare to assume executive lead- The PRESIDING OFFICER. Under Oh, yes, he was a partisan. But when it ership of our Government. Bless them the previous order, there will now be a came to the responsibility of leader- with inspired vision and impelling period for the transaction of morning ship, there was no question that his courage. In equal measure, uplift and business not to extend beyond the hour chairmanship of the Ethics Committee encourage AL GORE and JOE LIEBERMAN of 12 noon with Senators permitted to during that time was fair, equitable, as they continue to glorify You in their speak therein for up to 10 minutes each and responsible. I must tell you that in lives and leadership. Replenish and and with the time to be equally divided working with him during those long renew them in body and soul. Through- in the usual form. hours and difficult times, I grew to re- out the Nation, may people neither The Senator from Idaho. spect him a great deal. I must say that gloat over victory nor grimace over de- f we have lost a great public servant in feat but move on with hope. Silence di- the death of Congressman Julian VICE PRESIDENT AL GORE AND visive, disruptive voices that would ig- Dixon. I will miss him. I think all of us PRESIDENT-ELECT GEORGE W. nite and inflame disunity. Help the will. Senators to be healing agents as they BUSH SPEECHES f exemplify for the American people ci- Mr. CRAIG. Mr. President, I think I vility, graciousness, and oneness. And speak for all Senators on my side of JULIAN DIXON why not, Lord? This is our own, our be- the aisle and probably for all Members Mr. REID. Mr. President, before com- loved land. You are our Lord and Sav- of the Senate when I say that last ing to the Senate, I was a member of iour. Amen. night we watched with great attention the California congressional delega- f the speeches given by Vice President tion. Even though I am from the State AL GORE and the now President-elect of Nevada, they allowed me to be part PLEDGE OF ALLEGIANCE George W. Bush. of their deliberations and, in fact, when The Honorable JIM BUNNING, a Sen- I think as Americans we were all I came here, I was secretary-treasurer ator from the State of Kentucky, led honored by their statements last of the California congressional delega- the Pledge of Allegiance, as follows: evening: A clear statement of vision tion. As a result of that association, I I pledge allegiance to the Flag of the and reconciliation on the part of the got to know Julian Dixon very well. He United States of America, and to the Repub- Vice President and, I have to imagine, was a fine man. He came to Nevada for lic for which it stands, one nation under God, the most difficult speech that gen- me on a number of occasions. He was indivisible, with liberty and justice for all. tleman has ever delivered in his life; at an outspoken advocate of doing good f the same time, a speech from Presi- things for the District of Columbia. RECOGNITION OF THE ACTING dent-elect George W. Bush which I The District of Columbia lost a very MAJORITY LEADER think demonstrated the full weight of powerful voice when Julian Dixon’s The PRESIDING OFFICER (Mr. understanding he has about his role as heart stopped beating. BUNNING). The acting majority leader the President of our country—that he He also, as I indicated in my con- is recognized. is President for all of the people. And versation with the Presiding Officer that burden humbles him a great deal. today, served very valiantly as a mem- f We all look forward to working with ber of the Ethics Committee in the SCHEDULE him in the coming months and years as House of Representatives. In fact, the Mr. CRAIG. Mr. President, for the in- we continue to work in behalf of our Presiding Officer served as a Member formation of all Senators, the Senate country. with him. In short, Julian Dixon, who

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

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26612 CONGRESSIONAL RECORD—SENATE December 14, 2000 was a great advocate for political This led me to introduce with my that many other important scientific causes throughout his entire political colleagues, Senators MURKOWSKI, issues concerning the extent of the career, was a person who believed in HAGEL, and others, over a year ago, human contribution to warming the Congress. He believed in our form comprehensive legislation that I be- trends, the extent to which the earth of government. His loss is a loss to our lieved, and still believe, provides the will continue to warm, and perhaps, Nation. I extend my condolences to his framework for some responsible and most important, the extent to which entire family, recognizing that we lost immediate consensus action on this mankind can take actions that will ef- a great patriot in Julian Dixon. issue. fectively stop or slow climate change f A few days before leaving for The are far from settled and will likely Hague, I met with the Director of the take years to determine. LESSONS FROM THE HAGUE National Research Council’s Board on Indeed, the consensus that is forming Mr. CRAIG. Mr. President, recently, I Atmospheric Sciences and Climate, and among scientists working on this issue attended the Sixth Conference of the other scientists on the Board to discuss for the National Research Council is Parties to the United Nations Frame- the status of the scientific research on that we need a plan to focus more on work Convention on Climate Change climate change. Prior to that date, the climate change ‘‘adaptation’’ rather (COP–6) at The Hague, in the Nether- NRC was reluctant to agree with ear- than climate change ‘‘mitigation.’’ lands. I went to observe Undersecre- lier summary scientific assessments of This thinking would have been consid- tary of State Frank Loy and the rest of the United Nations Intergovernmental ered radical a little over a year ago and the U.S. negotiating team confront the Panel on Climate Change (IPCC) that today still may be anathema to many complex issues associated with the re- humans were contributing to increas- in the environmental community. Yet, quirements of the 1997 Kyoto Protocol ing temperatures recorded around the a July, 2000, Atlantic Monthly article to reduce greenhouse gas emissions. globe—the so-called ‘‘anthropogenic ef- entitled ‘‘Breaking the Global Warm- The experience brought into clearer fect.’’ ing Gridlock’’ by Daniel Sarewitz and focus for me some disturbing themes Indeed, at a Senate Energy and Nat- Roger Pielke, Jr. boldly and intel- that appear to be behind the intense ural Resources Committee hearing held ligently addresses this issue and per- international pressure brought to bear just last Spring, Dr. Joe Friday, testi- suasively makes the case for new on the United States to reach agree- fying on behalf of the NRC stated that thinking on what many of us would ment on some profound economic, so- the ‘‘jury is still out’’ on why global agree is one of the most important cial, and environmental issues. temperatures are rising. The NRC was At the outset, let me make clear that issues for this new century. clearly unable at that time to state on Instead of discussions at The Hague I did not arrive at The Hague without the record that it had detected clear first studying the climate issue. For centering on ways to reach consensus evidence of an anthropogenic finger- on actions that would reduce vulner- several years now, I have closely fol- print on the warming trends of earth’s lowed the progress of the climate ability to climate change such as en- climate. couraging democracy, raising stand- change debate. At our meeting a few weeks ago, the ards of living, and improving environ- I have sought the input of nationally NRC scientists were less passionate in mental quality in the developing world recognized scientists credentialed in their refusal to acknowledge the ‘‘an- through the use of innovative Amer- the disciplines of atmospheric, ocean, thropogenic effect.’’ I took from our ican and other industrialized countries and computer modeling sciences. I discussion that day that there was in- have reviewed scientific reports, most creasing evidence that land-use prac- technology, many discussions were notably the document entitled Re- tices and human emissions of green- consumed by scathing anti-American search Pathways for the Next Decade, house gases were having some contrib- rhetoric. Some non-governmental environ- prepared by scientists affiliated with uting effect to the increased land sur- mental organizations and some Euro- the National Academy of Sciences face temperatures monitored around Board on Atmospheric Sciences and the globe. pean Environmental Ministers were Climate. To be sure, the scientists did not sug- criticizing the United States for not In addition, I have traveled to insti- gest or imply that temperatures would wanting to surrender some of its sov- tutions such as the Woods Hole Ocean- reach dangerously high levels during ereignty by allowing other nations to ographic Institute in Massachusetts the next 50 to 100 years. Indeed, the sci- police American fuel use and economic and met with ocean scientists who are entists offered their opinion that the expansion strategies. very involved in climate research. rise in temperature would more likely Many in the developing world were All of these scientists have, for many be closer to 1.5 degrees rather than the brazenly demanding billions of dollars years, studied and disagreed on how 5 to 10 degree high range predicted for in ‘‘pay-offs’’ for the perceived harm much our planet is warming, and later this century by the IPCC. that climate change—in their opinion, whether it was driven by natural Moreover, the NRC scientists under- brought about by American greed—was causes or by carbon dioxide emissions scored the uncertain nature of the causing developing countries. Aston- from industry, and other human activi- computer modeling results on which ishingly, all of this pay-off money ties. most, if not all, predictions depend. would be in addition to the large sums Scientists from around the world They cautioned against fully embrac- currently being sent to developing have had legitimate disagreements on ing any set of predictions because of countries through AID and many other how drastic a problem global warming the uncertain nature of input data and American taxpayer programs designed is likely to be in this century and be- the ability of computers to fairly and to help developing nations reach better yond. The debate has been further com- adequately handle the many variables standards of living. plicated by politically motivated ‘‘junk that are included in computer pro- The motives of America’s strongest science’’ predictions of ‘‘imminent’’ en- grams. critics at The Hague Climate Con- vironmental catastrophes capitalizing They further noted the need for con- ference appeared to be nothing more on weather events that most scientists tinued technological advancement in than transparent efforts to have whole- agree are not linked to current tem- super computer capability. sale redistribution of wealth to the de- perature increases. What was clear to me after that veloping world and to maneuver our The emotional intensity of this de- meeting was that the issue of human competitors in the global market place bate cautioned many policymakers not contributions to increasing tempera- into stronger competitive positions. to take sides early. However, as Repub- tures was reaching some consensus Many in the non-governmental envi- lican Policy Committee Chairman, I within the National Academy of ronmental community appeared to be felt compelled to address the many Sciences. more interested in promoting non- valid concerns expressed about this However, it was also clear to me from growth and anti-population agendas issue in a balanced way. my discussions with those scientists than taking actions that would offer

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26613 the best prospects to reduce green- BIPARTISANSHIP should do is recognize we have a House house gas emissions or helping vulner- Mr. REID. Mr. President, I was of of Representatives which is almost able nations adapt to capricious cli- course very disappointed in the deci- evenly divided. He has to recognize mate variations. sion of the U.S. Supreme Court. I sat that we have a Senate that is evenly I believe America will responsibly and listened to that argument. I think divided. We have 50 Democrats; we move forward in addressing the climate both lawyers Olson and Boies did an have 50 Republicans. Either by math change issue whether or not Kyoto is outstanding job. I was disappointed in that is taught at MIT or the so-called ever ratified by the Senate. We should the 5–4 decision. I think it was as a re- fuzzy math talked about during the not, and the Senate will not allow the sult of the Supreme Court’s decision campaign, 50 and 50 are equal. international community or powerful that the vote did not go forward in the As a result of that, I recommend the non-governmental environmental orga- first place. President-elect interject himself into nizations to force our nation to accept Having said that, I am an attorney. I what is going on here in the legislative a deal that will be economically have always believed we are a nation of branch of the Government. I think threatening or scientifically ineffec- laws and not of men. I said prior to the what he should do is say 50–50 is equal. tive. decision being rendered by the Su- I think the Republicans should go Secretary Loy and his negotiating preme Court I would follow that deci- along with the Democrats to have com- team at COP–6 should be commended sion; that I may not like it, but I would mittees that are even—that is, the for their hard work and steadfastness do whatever I could to make sure it same number of Democrats on the com- in demanding from the international was accepted. mittee as Republicans. There should be community solid proposals that fully I think during this entire process we equal funding. There should be equal recognize both America’s determina- as a nation should be very proud. I re- staffing. I think he should take a look tion to defend its sovereignty and its peat, I didn’t like the way the election at the committee chairmanship struc- unmatched ability through its techno- turned out. We have a man, Vice Presi- ture. I think it would be a significant logical prowess to help the world deal dent GORE, who won the national vote, step if President-elect Bush stepped with any potential calamities as a con- a vote of the public, by 250,000 votes forward and looked at what the future sequence of climate change. over his opponent. If there had ever holds. Moreover, the United States won key been a count in Florida, he would have The future holds that, for example, if concessions from international nego- won that. But this country is a great the Budget Committee is 10–10—one of tiators at Kyoto that now appear to be country. Even though AL GORE won the the first things we are required by law at serious risk. Indeed, European nego- election, he will not take office. This to do is come forward with the budg- tiators at The Hague, with strong pres- country is amazing. In spite of that, et—if the committee is 10–10, anything sure from some non-governmental en- there was not a single arrest during that comes before this Senate will be vironmental organizations, made ag- any of these very bitter discussions re- bipartisan in nature and I think will be gressive attempts to rescind those con- garding the vote. There was not a sin- approved quickly. It would be the same cessions. gle injury that I know of. It is some- on other committees. I think one thing thing that is part of history. I am the American people have said is that The flexible mechanisms provision going to do everything I can to make we should work in a bipartisan basis, and the sinks provision were elements sure that George W. Bush’s Presidency 50–50 in the Senate, 50–50, approxi- of the Protocol that were prominently is as good as it can be. mately, in the House. displayed to Congress by the Clinton/ I know he comes from a good family. We have a President who was elected Gore Administration when Congres- I served in the Congress during the ten- with fewer votes than the his opponent. sional Oversight Committees ques- ure of his father. I liked his dad very I just think this is a time that calls for tioned the costs associated with the much. He wrote me a number of per- bipartisanship. I think we can do that. Protocol. Each time the Administra- sonal letters on things that I did that But I think it would set a very bad tion responded to such queries, the Ad- he thought were good. I have those let- tone if the Republicans, some of whom ministration would point to the carbon ters and I treasure those letters. I was are in denial that the Senate is 50–50, sink and flexible mechanism provisions the first Democrat to speak openly for would prevent the Senate from going to rationalize its assessment that com- our incursions into Iraq. I think Presi- forward by saying we are not going to pliance with the Protocol would be in- dent Bush did the right thing. In short, give you equality on the committees. If expensive. I think George W. Bush has the ability that happens, it is not the Democrats Clearly, without those provisions, to be a good President. I am going to who are holding up action in the Sen- the Protocol’s cost will be prohibitive do everything I can, as I said, to sup- ate, it is the Republicans—the Repub- and violate one of the critical tenets of port President-elect Bush. licans who we no longer refer to as the Senate Resolution 98—the Byrd/Hagel I think we have to recognize that majority because they are not the ma- Resolution—which passed the Senate what took place last night was mag- jority. It is the Republicans who will 95–0 in 1997. nificent. Vice President GORE’s speech be holding up this Congress and this I can only hope that the current Ad- was magnanimous, gracious. As we in- country from moving forward. ministration will do nothing to com- dicated, he got more popular votes I also think it appropriate that Presi- promise these principles in the coming than even Ronald Reagan. Then that dent Bush follow the example we have weeks. To do so would be irresponsible was followed by a speech by President- in the Cabinet today with Secretary and unproductive. Clearly, it would be elect Bush which was outstanding. I Cohen. Secretary Cohen is a bona fide, politically ineffective inasmuch as the think the tone of his speech was good. card-carrying Republican from the Senate would not ratify such agree- I think the issues he talked about were State of Maine who did an outstanding ment. issues we have talked about for some job and is doing an outstanding job Meanwhile, as scientists continue to time here on the Senate floor. during his tenure as Secretary of De- research, discover, and even disagree President-elect Bush is going to get fense. I hope President-elect Bush will on the causes and effects of global all the advice and counsel he needs, I also look to people of the other party, warming, I will continue to work with am sure, and he does not need mine. I the Democratic Party, to fill spots in my colleagues in Congress to aggres- am confident that today he is being his Cabinet. I am confident he will do sively establish a system of incentives briefed and briefed and briefed and told that. that reduce the environmental impacts opinions of what people think he Again, I feel so good today about our of human activity, while preserving the should do. But, in spite of that, my ad- country. We should all feel good about freedoms and quality of life that make vice to the President-elect is, if he our country. In spite of the closeness of the United States the greatest Nation wants to be bipartisan in action rather the election, in spite of the more than on Earth. than just words, the first thing he 1 month since the election took place,

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26614 CONGRESSIONAL RECORD—SENATE December 14, 2000 we have two men who stepped forward outstanding job with the Interior Ap- The assistant legislative clerk pro- last night; they stepped forward with propriations Subcommittee which has ceeded to call the roll. compassion, stepped forward with con- enormous responsibility. He handled Mr. THOMAS. Mr. President, I ask fidence—confidence at the greatness of that with great skill and in a bipar- unanimous consent that the order for this country. tisan way. the quorum call be rescinded. I have been through statewide re- People ask: Can the Senate function? The PRESIDING OFFICER. Without counts, two of them, one of which I lost Can we work in a bipartisan manner? I objection, it is so ordered. by 524 votes; one of which I won by 428 look at Senator GORTON and his leader- f votes. I know what close elections are ship on the Interior Subcommittee, TRIBUTE TO SENATOR ROD all about. I know how difficult re- working with Senator BYRD and Sen- GRAMS counts are. I was very proud of both ator REID. He has proven it can happen men and their families for what they and has shown how it can happen and Mr. THOMAS. Mr. President, I would put up with and how they ended the should happen. like to take just a few minutes to com- ment on one of our friends who is leav- election process last night. It speaks He is an outstanding Senator. He has ing the Senate. well of them and of our country. handled his defeat with great class. We all, of course, feel strongly about Mr. President, I suggest the absence There was a recount, and he congratu- the changes that take place in this of a quorum. lated MARIA CANTWELL as the victor. body and the people with whom we The PRESIDING OFFICER. The We are proud to call him our colleague work closely, and even those with clerk will call the roll. and our friend. Certainly he will be whom we do not work closely, and cer- The assistant legislative clerk pro- missed in this body; certainly his lead- tainly appreciate all the things they ceeded to call the roll. ership will be missed in the State of have done while they have been here. Mr. NICKLES. Mr. President, I ask Washington. Frankly, it is always a sad thing to unanimous consent that the order for f have people with whom you work the quorum call be rescinded. leave. The PRESIDING OFFICER. Without TRIBUTE TO SENATOR BOB KERREY Of course, all Members have an im- objection, it is so ordered. pact in this body. All Members leave an f Mr. NICKLES. Mr. President, Sen- imprint here and certainly in the areas ator BOB KERREY from Nebraska, as they represent. Each of us has different TRIBUTE TO SENATOR SLADE most people know, was a former Gov- GORTON ideas. That is the basis for our system. ernor of Nebraska. He has completed We bring those ideas here and seek to Mr. NICKLES. Mr. President, every- two terms in the Senate. I, for one, implement them, to the extent we can, one has been focused on the Presi- hate to see him leave the Senate. I by working with others to cause them dential election. It has been one of the have had the pleasure of working with to be implemented. We have disagree- most drawn out Presidential elections Senator KERREY on the Finance Com- ments, as we properly should have, and in U.S. history. Another election came mittee. He has shown great courage. then we come to some decisions. to conclusion recently, and that was He is a person who has been willing So I want to comment for a moment the Senate race in the State of Wash- to talk about difficult issues: Curbing about my good friend ROD GRAMS who ington, one of the closest Senate races the growth of entitlements, Medicare, has well represented the State of Min- in many years. It took weeks to dis- and Medicaid. He worked on the com- nesota in the Senate for 6 years during cern. mission that was also chaired, I think, the same period I have been here. He Our friend and colleague, Senator by Senators BREAUX, FRIST, and THOM- served in the House prior to that, dur- SLADE GORTON, was defeated. I want to AS, and was an outstanding member in ing the same time I was there. make a couple comments concerning saying: Let’s make some of the tough I think ROD has been one of the real our colleague, Senator GORTON. choices; let’s make some of those tough good guys in terms of his dedication to I had hoped he would not lose this choices now. doing the things he thought were best race because he is a friend of mine and, He is a person who has been willing for the country, things he believed in my opinion, he is one of the most to reach out and work in a bipartisan were best for the people of Minnesota. outstanding Senators we have had. fashion, such as on personal savings ac- He has been a great legislator and an By way of a little history, I was counts for Social Security, reforming important friend to many of us. elected with Senator GORTON in 1980. Social Security. As I mentioned, ROD GRAMS was Both of us were freshman Senators. He He has courage. He has conviction. elected to the House in 1992. He served was formerly an attorney general. He He has shown it time and time again there for one term and then was elect- gained some attention nationwide in with his service in the Senate, with his ed to the Senate in 1994. I certainly that he and his family bicycled all the activities in the Senate and outside the have benefited from our association way across our country. It shows they Senate. ever since. ROD is a proud conservative. are a close family and individuals with Everyone knows he is a Medal of ROD is one who is dedicated to the endurance and athletic talent. Honor winner. I think of him as a com- notion that there ought to be budget He is an outstanding Senator. He lost petitor, as a friend, as a colleague. relief. He is dedicated to the notion reelection in 1986, unfortunately. A lot Some of us jog on occasion. Senator that there ought to be Social Security of people lost. It was a tough year. KERREY jogs and jogs quite well. That reform. He is a champion of the $500- That was certainly one of the toughest is very inspirational because he also per-child tax credit and is the author of losses we had. I remember stating at has an artificial leg. many successful tax measures. I think that time when Senator GORTON lost He has a great personality. I think he he has made a real contribution to the that he was a Senator’s Senator. I has made a great contribution to the direction we have taken. hated to see him lose that race. He Senate. He has helped improve the Above all, however, I think that idea showed great endurance and came back quality of the Senate, and certainly he of having a philosophy, believing in in 1988 and won and also won reelection will be missed. I think he has an- some things that are good, and work- in 1994. As I mentioned, he was just de- nounced he is going to be a university ing for those things, but working for feated in a very close race in 2000. president. That will be very much to them in a way where others can also Senator GORTON has served 18 years the gain of that university. He will be work on them with you, is really the in the Senate. In his last two consecu- sorely missed in the Senate. greatest contribution any of us can tive terms, he was chairman of the In- Mr. President, I yield the floor and make. I feel sure this institution will terior Appropriations Subcommittee suggest the absence of a quorum. be poorer in the future because he is and worked on a couple of different Ap- The PRESIDING OFFICER. The not here. But he will continue to con- propriations subcommittees. He did an clerk will call the roll. tribute to our country.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26615 One of his legacies has been his deter- It will behoove all of us to work to- Commerce Department reported retail mination; one of his legacies has been gether and extend ourselves to each sales fell by an unexpected 0.4 percent getting results. That is really what it other and try to create some unity, and in November. is all about—to cause things to happen, move forward on things on which we I will not go on at great length. But to have legitimate debates and con- can agree. There will still be policy dif- the evidence is all around us. This cerns about important issues. ferences, I might say, and we should economy is slowing. I think ROD will be sorely missed in aggressively debate them. But I think The Federal Reserve Board says it the Senate, not only as a friend but as the American people want us to try to wants to slow the economy. The debate a driven legislator who has been a crit- work together to find areas of biparti- now is what kind of landing will ical party to this idea of less govern- sanship, and we will do that. I, for one, occur—a ‘‘soft’’ or a ‘‘hard’’ landing, in ment and more personal freedoms, am interested in seeing us make the the lexicon or jargon of economists. which is a very important thing to progress on important issues for our Nobody knows. most everyone. country. I taught economics in college briefly, He will continue, of course, to make Let me make this comment as well. and I have said I overcame that experi- contributions to our country. Prior to We not only will now have a new Presi- ence. The fact is that economists don’t coming here, he worked in the media dent. This new President inherits an know what is going to happen in the through TV and newspapers. I suspect economy that is going through some future. The field of economics, as I we will hear much more from him. changes, some subtle and some not so have said previously, is nothing more I will not go on further, but I simply subtle. than psychology pumped up with a lit- want to say I wish ROD great luck in f tle helium. They tell us what they whatever he does. I thank him for what think is going to happen in the future. he has done here. I just wanted to at INTEREST RATES AND THE Prior to the last recession, 35 out of least briefly recognize the contribu- ECONOMY 40 leading economists in this country tions that have been made by Senator Mr. DORGAN. Mr. President, the predicted that next year would be a ROD GRAMS to this institution and to Federal Reserve Board meets on Tues- year of continued economic growth. this country. day of next week. The Federal Reserve That is what the field of economics I thank the Chair. Board has increased interest rates six produces. f times since June 1999 in search of infla- What is going to happen in the fu- THE PRESIDENTIAL ELECTION tion. They are terribly afraid that ture? I worry that this slowdown could Mr. DORGAN. Mr. President, the there is inflation either under the bed, very easily move this country into a American people last evening heard a or in the closet, or just around the cor- recession. We have to be careful about concession speech by Vice President ner, out in the garage, near the drive- that. GORE and a speech by Gov. George W. way, or somewhere inflation exists. Of The Federal funds rate that the Fed Bush, who is now the President-elect. course, all the evidence suggests that has established is too high. It results in I supported Vice President GORE. I the core rate of inflation is very low— a prime interest rate that is too high. wish the result had been different in well within moderate levels. In fact, It results in higher interest rates paid this election. But we have a process for the Producer Price Index released this by every American on their consumer contesting elections, and that process morning suggests that the core rate did debt, and on their real estate debt, and was finalized by the actions of the U.S. not increase at all in November. The so on. That is higher than it should be. Supreme Court. I accept those actions, Consumer Price Index will be released As a result of the Fed’s six interest and we now have a new President-elect. tomorrow, and I suspect it will show rate increases, the average household We went through some difficult times something very similar. in this country pays about $1,700 a year after the election day, and those times Next week when the Federal Reserve more in interest charges. If we were inflamed the passions of many Ameri- Board meets, in my judgment, it will going to have a tax on the American cans. The fact is, the American people behoove them to reduce the additional people, we would have great debate created almost a dead even tie in cast- tax on money they have imposed with about it. This is a tax on money, and it ing votes for the Presidency. It wasn’t six increases in the Federal funds rate. is has required an average household to just the Presidency. It was a 50–50 split Let me describe why I think we pay $1,700 a year more in interest in the membership of the Senate, and ought to do that. This economy is charges. nearly a 50–50 split in the House, and as slowing. After unprecedented economic There is no debate on that. It is done I indicated, a near tie vote for the growth in this country, this economy behind the closed doors down at the Presidency. That is not likely to hap- is slowing. The evidence is all around Fed. They have their wish. The econ- pen again in our lifetime. It is not un- us. omy is slowing down. usual for the person on the losing end Manufacturing activity for the The question is, Will they have the to want to make certain that all the fourth straight month ending in No- sense next week to decide to reverse votes are counted and counted cor- vember has declined. The National As- course and understand two things? One, rectly. So that is why we went through sociation of Purchasing Management there isn’t any real inflation problem; that process. recently reported that its purchasing and, two, they are overcharging for I know many passions were inflamed index had dropped to 47.7 percent from money, and they ought to begin reduc- as a result of it. In fact, some of my 48.3 percent. ing short-term interest rates because colleagues—not so much in this body Auto makers are idling plants. The they have increased them too much. but in the other body—were using real output of cars and trucks fell by These are the folks who go behind words such as ‘‘stealing elections,’’ and some 20 percent over the second and closed doors and make these decisions. so on. I regret that those words were third quarters. Car and light truck There is no public discussion or debate used. I don’t think it contributes to sales have fallen for the past 6 months here. what we ought to be doing. That is all with the largest drop in over 2 years in Here are the Federal Reserve Board gone and done. November. of Governors and the presidents of the As of last evening, we have a Presi- The number of manufacturing jobs regional Federal Reserve banks. They dent-elect who addressed this country, declined by 220,000 in the last 4 months. serve on a rotating basis as part of the and we have a Vice President who con- Factory orders are falling. Open Market Committee and as part of ceded that election. Factory orders plummeted 3.3 per- the decisionmaking down at the Fed. Despite the fact that Congress is di- cent in October in its weakest showing Next Tuesday they will close the vided almost evenly between the Re- in 3 months. door. The American public isn’t al- publicans and Democrats, all of us wish Housing starts and sales are off. Re- lowed in. They will make decisions the new President-elect well. tail sales are well off. Yesterday, the about what kind of tax we will have on

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26616 CONGRESSIONAL RECORD—SENATE December 14, 2000 money. Six interest rate increases have closed doors that creates its own rainy I yield the floor. been ordered by these folks over the day fund. The GAO says they don’t The PRESIDING OFFICER. The Sen- last year and a half. They have slowed need it. They shouldn’t have it. It ator from Nevada. down the American economy. ought to be given back. Mr. REID. Mr. President, I applaud Looking at housing starts, autos, and Guess what. A couple of years after and congratulate the Senator from retail sales across the board in eco- that study was complete, has that North Dakota. With this election hav- nomic activity, in my judgment, they rainy day fund been divested by the ing taken more than 30 days, and the are tinkering with the notion of allow- Fed, and given back to the taxpayers? stock market, as a result of the tur- ing this country to experience the be- The answer is no. Of course not. Why? moil of the election, having dropped ginning of a recession. That would be Because this Congress usually won’t significantly, there is a lot of uneasi- most unfortunate. touch the Fed with a 10-foot pole. ness in the economy. I want people to understand. Here are There is this language about mone- I hope the people who are cloistered the names of the folks who are there. tary policy that prevents almost any- in the Federal Reserve, hidden away Here is their education, background, body from even talking about it. That from public view, have the opportunity and their salaries. is one of the reasons I wanted to talk to listen to what the Senator from I think it is important for us to un- today about what happens next Tues- North Dakota said. It is so important derstand who is making public policy day. the people of the State of Nevada and behind locked doors. Next Tuesday, Our economy, in my judgment, is in this country be given a break at the be- when they talk about monetary policy, some difficulty. It has gone down dra- ginning of the year on interest rates. I think the American people ought to matically. We have a new President Construction is being hurt. Everything understand that the question of the in- who will be sworn into office, and may we do is affected by the interest rates terest rates and the amount of interest well inherit an economy that is slow- which as the Senator so graphically il- they pay on their credit cards, home ing down, and could even be heading lustrated, dictate our lives. I hope the equity loans and so on depend on what towards a recession, at least in part, Federal Reserve would follow what the these folks are doing with respect to because the Fed has decided they want Senator from North Dakota has said. the Federal funds rate. It is very im- to slow down the economy. Six times The Senator from North Dakota has portant. they increased interest rates; they cre- had long experience working on finan- I worry very much that this economy ate a new tax on money, impose a new cial matters, including the Ways and may well head towards a recession un- burden on every American family, and Means Committee in the House of Rep- less we do something to reverse the nobody thinks much about it. resentatives, and in the Senate as head course that the Fed has taken. It is time to turn that around. The of the Policy Committee, and has given Mr. REID. Mr. President, will the prime interest rate is too high by at great direction on fiscal matters. Senator yield for a question? least two percentage points, and as a I yield for a question. Mr. DORGAN. Of course, I would be result, all other interest rates in this Mr. DORGAN. Mr. President, I know happy to yield. country are too high. Why? Because that the Federal Reserve Board reads Mr. REID. The Senator from North the Fed has pegged the price of money everything. They are voracious readers Dakota has been such a leader on this at an artificially high rate because of the economists who gather this in- issue dealing with the Federal Reserve. they want to slow the economy down. formation, provide it to the Fed, and In fact, the Senator will recall that the The fact is they run the risk of pushing assimilate it and make judgments. Senator from North Dakota and the this economy off the track of unprece- Let me give a factoid for their con- Senator from Nevada ordered a study dented long-term economic growth and sideration. I have no idea what it of the Federal Reserve. We found, into the ditch of a slowdown into a po- means. The Oscar Meyer Weinermobile, among other things, that they have a tential recession and increased Federal one of the vehicles that runs around slush fund of over $3 billion. It has been deficits. the country, had an opening for a driv- there for 70 years, or thereabouts. They I hope the Fed will think long and er in the newspaper the other day. never use it. hard next Tuesday about this subject They were placing a help-wanted ad for I ask the Senator from North Da- and decide it is time to begin reducing a driver for the Oscar Meyer kota: Wouldn’t it seem logical, as we interest rates following the six rate in- Weinermobile. They got 800 college are trying to do all of these things in creases they have imposed on the graduates applying. I have no idea the last few minutes of this session, if American people. what that means. that money were to be used to help I will speak more about this. My ex- It just occurred to me as the Fed farmers, or help with some of the prob- pectation is we will probably finish looks at information about the econ- lems created by forest fires in the this session this week, so I will not omy, they might look at interesting West? Wouldn’t that be a better place speak on the floor of the Senate next things about this economy: Where it is to use that money than to use it for week. But before the Fed meets on headed, what is happening, who is em- the so-called rainy day fund? We have Tuesday, I want to give more advice on ployed, who isn’t, and what might hap- never had a rainy day in the Federal Monday. They seldom take my advice, pen, 3, 6, and 12 months from now, and Reserve. but I think they would be wise, if they relent on interest rates and steer us Mr. DORGAN. I agree with that. One want to ignore my advice, to at least back toward a longer term economic could find important uses for it, or per- listen to some of the good economic growth prospect. haps give it back to the taxpayers. But thinkers around this country who Mr. REID. I say to my friend, I am this is a circumstance where the Fed- worry a great deal that what is hap- sure of one thing it does mean regard- eral Reserve Board, according to the pening to our economy is it is slowing ing the statistic regarding the car that GAO investigation that was done, has a and threatening to head into a very dif- looks like a hot dog: The fact that rainy day fund. Can you imagine hav- ficult period. Now is the time, not there are a lot of people with a college ing a rainy day fund in a climate where later, to do something. education who can’t find work. it never rains? The Federal Reserve The Fed talks about preemptive Mr. DOMENICI. Mr. President, I sug- Board can never lose money. It will strikes against inflation. My friends, gest the absence of a quorum. never lose money, and has never lost there is no inflation at this point. All The PRESIDING OFFICER. The money. They accumulated a rainy day the evidence suggests inflation is well clerk will call the roll. fund of some $3.7 billion. It is more under control. What about a preemp- The assistant legislative clerk pro- now. tive strike by the Federal Reserve ceeded to call. Here you have this last dinosaur on Board preventing the economy from Mr. DOMENICI. Mr. President, I ask America’s hill—the Federal Reserve heading toward a recession? That unanimous consent that the order for Board—that operates in secret behind would make sense next Tuesday. the quorum call be rescinded.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26617 The PRESIDING OFFICER. Without are or where you start, you should be all of us in Congress to work on a bi- objection, it is so ordered. able to go as far as your God-given tal- partisan basis and in a cooperative f ents and individual determination will spirit. As I have in the past, I fully in- take you. tend to work with my colleagues on ORDER OF PROCEDURE The absence of bigotry in this cam- both sides of the aisle and with Presi- Mr. DOMENICI. Mr. President, I note paign and the fact that the Vice Presi- dent-elect Bush to find that construc- the presence on the floor of the distin- dent and I received the second highest tive consensus without which we will guished Senator from Connecticut who number of votes in history of American not help the American people realize just came off a major campaign. We national elections should encourage their potential. welcome him back to the Senate. He every parent in this country to dream For my family and me, this campaign has never stopped being a Senator, but the biggest dreams for each and every has been a thrilling and joyful experi- he has been very busy doing other one of their children. ence. It has deepened the appreciation things. Anything is possible for anyone in we have for the goodness of the Amer- I yield so he can speak. I will speak America. ican people and the love and loyalty we following his remarks. So I ask unani- In the five weeks since election day— feel for this country. We could not have mous consent that Senator LIEBERMAN because this turned out to be the clos- asked for a more warm, open, and ac- be permitted to speak for up to 15 min- est election in American history—our cepting reception as we traveled utes, and then I ask consent Senator nation’s greatness was tested in a dif- around this blessed land. We could not DOMENICI be permitted to speak for 15 ferent way. But I am confident that in have been more impressed with the minutes thereafter. the end our election process can only common sense and strong values that The PRESIDING OFFICER. Without be made stronger by this experience. unite our very diverse citizenry. From objection, it is so ordered. For one thing, it opened our eyes to their Government, it became clear to f some long-overlooked problems with me over and over again, most of them, our system of voting, to the disparities most of the American people, want THE ELECTION in technologies and practices that may only a little help every now and then Mr. LIEBERMAN. Mr. President, I be stopping large numbers of voters as they work so hard to make their thank my colleague from New Mexico. from having their votes counted and lives better. That is exactly what we, I thank him for his customary gra- that in particular may be undermining together, should do for them. ciousness. As I think about this year the electoral rights of many poor and The most powerful emotion that I and look across the map of the United minority citizens. These problems call feel on this morning after is gratitude. States and look at the results in the out for investigation and reform. I am grateful to be an American, proud various States, I have even greater love Whether you are happy or sad with to be an American; grateful to my wife and affection for New Mexico than I did the results of the 2000 election, I do Hadassah—my love and my partner— before the year began. think every one of us should be grate- for the devoted support she gave me Mr. President, have you noticed that ful this morning that here in America, and the extraordinary way she reached many things in politics and govern- we work out our differences not with out to everyone she met in this cam- ment seem to be taking longer than civil wars but with spirited elections. paign; grateful to our dear children and usual this year? It is December 14 and We resolve our disputes not through mothers and sisters and brothers and the 106th Congress is surprisingly still acts of violence but through the rule of relatives and friends whose help and in session. But happily that allows me law. And we preserve and protect our love sustained us; grateful to Tipper to come to the Senate chamber—this system of justice best when we accept and the Gore children for being such great American forum, which I love its judgments that we disagree with genuine and such generous friends, and and respect so much—and reflect on most. for the skill and grace with which they the extraordinary opportunity Vice This election is over. I congratulate conducted themselves in this cam- President AL GORE gave me to be his Governor Bush and Secretary Cheney paign; grateful to the Gore-Lieberman running mate this year. and wish them well. Mr. President, I campaign staff, whose idealism, abil- When I accepted the Vice-Presi- had the opportunity to do that person- ity, and hard work make me optimistic dential nomination at the Democratic ally in a very cordial conversation this about America’s future; grateful to my Convention in Los Angeles in August, I morning with the Vice President-elect, Senate staff here in Washington and began by asking: ‘‘Is America a great Secretary Dick Cheney. back home in Hartford—they have country or what?’’ As Vice President GORE said elo- served with me on behalf of the people Last night, we ended that remark- quently last night, it is time now for of Connecticut for so many years, and able journey in a disappointing way. all of us to come together in support of continue to do so with such commit- Nevertheless, I want to answer my these United States and the shared val- ment during this eventful and unusual question this morning by declaring: ues that have long sustained us. Gov- year—grateful to the people of Con- ‘‘Yes, America is a great country!’’ ernor Bush and Secretary Cheney are necticut whose support over the past 30 Let me offer to my colleagues a few in my prayers, and I know they are in years has put me in a position where reasons why I feel this way today. In the prayers of all Americans, as they AL GORE could give me the extraor- selecting me, a Jewish American, to be begin now to assume the awesome re- dinary opportunity he did this year; his running mate, Vice President GORE sponsibilities that go with leadership and grateful to the people of Con- did what no presidential candidate be- of this great country. necticut without whose backing this fore him had done. That required per- In the strong words and soft voices year I would not now have the privilege sonal courage and confidence in the they both used last night, Vice Presi- of looking forward to 6 more years of American people. Today we can look dent GORE and Governor Bush raised us service to them and with you, my col- back and say that the Vice President’s all up and pointed America toward the leagues, as a United States Senator. confidence was totally justified. reconciliation that our history expects My greatest gratitude is to Vice The fact is that while my faith was and that our national interests now re- President GORE himself. He has been the focus of the earliest reactions to quire. my friend and colleague for 15 years my candidacy, it was not even men- As they both noted last night, this now, but I have never been prouder of tioned at the end of the campaign. was the closest election we have ever him than I was this year, and than I That is the way we all hoped it would experienced, with the vote for Presi- was last night. He conducted the cam- be. And that is good news for all Amer- dent essentially ending in a tie, the paign with dignity. He presented his icans—a fulfillment of the promise Senate split 50–50 and the House nearly policies and programs with conviction. that America makes to its citizens even as well. That puts a special bur- He spoke with a precision that showed that in this country no matter who you den, not just on Governor Bush but on respect for the American people. He

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26618 CONGRESSIONAL RECORD—SENATE December 14, 2000 stuck to the record, and he worked Species Act, the Department of Com- Just think of this. The largest con- hard, very hard. AL GORE ran this cam- merce saw fit to use the emergency centration of fish processors in the paign as he lives his life: with honor, portions of the Magnuson Act to issue United States is on Kodiak Island. I intelligence, and devotion. a management plan for pollack and for was informed yesterday that, as a re- Today, the Vice President can look cod off the State of Alaska within what sult of this opinion, if it is enforced, back on 24 years of public service with they call the RPAs, the reasonable pru- Kodiak processors will be able to oper- great pride in his accomplishments, dent alternative areas, dealing with ate for 21⁄2 days. This opinion will cre- and he can look forward to the years the decline of the Steller sea lion. ate ghost towns in my State along the ahead with great excitement about the There is no emergency provision in shore from Kodiak all the way out unlimited opportunities that await the Endangered Species Act. Under the along the Aleutian chain. Primarily him. I wish him Godspeed, and I look Magnuson Act, management plans are those are native villages. These are not forward to his continued friendship. issued by the regional councils, not by enormous factory trawlers. They fish The Vice President knows, as I do on the Department of Commerce. There is way offshore. These are people who live this morning, that Psalm 30 assures us an emergency clause, if the Secretary in these small villages and harvest this that weeping may linger for the night makes findings of problems with the fish—which is a unique fish, as I have but in the morning there are shouts of fishery, that could justify the Sec- told the Senate before. It is unique be- joy. retary issuing a plan or a revision of cause it is a biomass constantly grow- So, today, as some of us weep for the existing plan. That was not done. ing. Because of the management what could have been, we look to the Instead, the Department of Commerce schemes we have worked out under the future with faith that on another saw fit to use the emergency clause of Magnuson Act, that biomass has in- morning joy will surely come. the Magnuson Act to once again seize creased almost five times since we I thank my colleagues in the Senate total control of the pollack and the cod started the Magnuson Act. from both parties for their warm per- fisheries off our shores within the so- There is more pollack than ever be- sonal wishes and support during the called RPAs. They amount to an area fore, but this is going to limit fishing last 5 months. I look forward, now, to of 20 miles around every sea lion rook- for pollack in specific areas where the returning to this Chamber in January ery. It is an area that extends from Ko- small boats fish. and working with all of you to help im- diak, all the way out along the Aleu- There is just no way to justify this. prove the lives of the American people tian chain. Native Alaskans, as I say, are going to and to help elevate their respect for The National Marine Fisheries Serv- lose their jobs, lose their subsistence. the institutions of our great democ- ice has told us there is no data to sup- About 1,000 boats that otherwise would racy. port the concept that there is a connec- have gone to sea will not fish under Mr. President, I again thank my tion between the decline of the sea lion this order. It is just unconscionable. friend and colleague from New Mexico and the harvest of pollack. There is no I am not one who makes threats; I for yielding me the time, I thank the cause and effect relationship scientif- make statements. I have made the Chair, and I yield the floor. ically that exists with regard to this statement that I will not sign this con- The PRESIDING OFFICER. We are decline. We are appalled by the decline ference report if it does not adequately all very proud of the Senator from Con- of sea lions off our shores. We also restore this fishery. I will oppose the necticut. know that sea otters are steadily dis- bill on the floor, and I am hopeful my The Senator from New Mexico. appearing, as are fur seals and harbor friends on this floor will understand Mr. DOMENICI. I believe under the seals. We believe the reason is the tre- why. unanimous-consent agreement I am to mendous increase in the killer whales. What this means is we cannot resolve speak next, but I note the presence of That is another subject. this issue. My staff will meet—thanks the chairman of the Appropriations Very clearly, what the Department to the good offices of the Democratic Committee who would like to speak. I has done now is to increase the danger leader—with representatives of the ad- yield to him, and I ask I follow him for fishermen who live in Alaska and ministration in just a few minutes, but this morning. fish in the areas off our shores. That if we cannot resolve this, my advice is The PRESIDING OFFICER (Mr. AL- fishing currently has the highest level make different reservations. LARD). Without objection, the Senator of deaths per capita of any industry in Understand, I cannot as a Senator from Alaska is recognized. the United States. What this order has allow an action that is not following f done, now, is it has foreclosed the fish- the law that I helped author put a con- ing by these small boats in the areas siderable portion of the people who STELLER SEA LIONS where the pollack is located except have year-round jobs in my State out Mr. STEVENS. Mr. President, I am during the wintertime. This is a par- of work, and not just temporarily. grateful to my friend from New Mexico. ticularly dangerous area. Winter They have purported to create these I am here once again to talk about the storms increase the problems of fish- areas around these rookeries forever last controversial amendment in the ing. What is more, if they follow the without any consultation with the re- appropriations bills for the fiscal year order and go beyond the 20 miles, the gional council that was created by the 2001. We have completed all work on further from shore they go on these Magnuson Act, without any public these bills now except for one amend- small boats, even a minor injury be- hearings, based solely upon a lawsuit ment and that is the amendment that comes a life threatening injury, par- that was filed in a Federal court in Se- pertains to the Steller sea lions. I am ticularly in the stormy season. I have attle and a friendly suit to use that as here because there seems to still be a to report to the Senate that the Coast a justification for taking back into the misunderstanding about what we are Guard voted against following this bio- Federal Government the management trying to do. The Congress has passed logical opinion last Saturday, in my of these two magnificent fisheries—pol- and the President has signed, as a mat- State, for safety reasons. lack and cod—off our State. ter of fact, an extension of the Magnu- What the administration has done is In my opinion, it is unconstitutional, son-Stevens Act, the act that deals they have restarted the race for the but I know one thing—it is not going to with the 200-mile limit off our shores. fish. They have made it almost impos- be approved by this Senate. That act in its original form created sible for the enforcement of this bio- I thank the Chair, and I thank my the North Pacific Fisheries Council logical opinion. They have not con- friend from New Mexico. that has jurisdiction under the law for sulted with the people who really know The PRESIDING OFFICER. The Sen- the management plans that apply to the industry as they have issued this ator from New Mexico. fisheries off the shores of my State of opinion. This opinion will have a $500 Mr. DOMENICI. Mr. President, when Alaska. million to $800 million impact on the I yielded time to my good friend from In its recent action in issuing a bio- industry, according to figures that Alaska, I did not think I would be hear- logical opinion under the Endangered came from the Department itself. ing what I just heard. I am pleased I

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26619 was here when he discussed this issue The reason the United States is pow- sensical restraints lock it up so we can- of paramount importance to his State. erful, the reason we can have a strong not use it. It is most interesting that a Senator military, the reason we have the best I submit that the challenge for the can come to the floor of the Senate and material things in our daily lives— new President is to be courageous and tell us all something that is very im- more houses, more cars, more refrig- for his Secretary of Energy to be cou- portant to his State, even though the erators—and people can continue to as- rageous. First, we had better define the State is a small State. It is great that pire to be materially sound in America problem for the American people. A our Constitution gives our States rep- with our economy growing robustly, Senator this morning came to the floor resentation based upon statehood and adding people to the payrolls and giv- and spoke about our growth. I say to not upon population of the State. I ing them more money per unit of time, my friend from Colorado, we seem to be trust the administration and others giving them a better standard of living having a downward trend in our gross will see fit to work with Senator STE- and a life to lead, is because we have domestic product, and everybody wants VENS so we will all be out of here before energy. Without energy, we cannot to tell Alan Greenspan how to do his Christmas. grow, and I do not mean grow from the business. That is OK. That is what Sen- f standpoint of adding a subdivision; I ators do. Everyone claims Alan Green- span in the last decade did the best job AMERICAN ENERGY CRISIS mean grow from the standpoint of put- ting to work for us in our daily lives of steering us in the direction of sus- Mr. DOMENICI. Mr. President, I have the kinds of things that use energy and tained growth, high employment with- come to the floor today to talk about a give us productivity, jobs, and eco- out inflation. I say to my friends, there crisis that the leadership in America nomic growth. Without an energy sup- can be no sustained growth at 2.7 per does not want to tell the American ply, that cannot happen. year or 3.3 per year, which gives us a people about, and certainly the leader- I want to talk a moment about our lot of power in our economy, if we do ship does not want to try to solve this goals for the world. not have energy to use. We cannot do basic problem which is the most seri- We have used some really nice that with brownouts across America. ous problem confronting us now. words—‘‘globalization,’’ for one. The That, in and of itself, and the in- I thought it would be fair and right, way I see it, America would like poor creased price will cause America’s since this is what I believe and this is countries to get rich. We would like economy to sputter and slow down, and what I understand and before we have a poor people in the world to have more, somebody will be blamed. I submit, do new President, for at least one Sen- not fewer, material things. Believe me, not blame the new President and do ator—and I hope there will be others— these poor nations are beginning to not blame the new Secretary. They to remind the American people that we look at the world and ask: How about may have to tell us the truth. They are in the midst of an American energy us? Can’t we grow? Can’t we have pros- may have to tell us we cannot as a na- crisis. Unless and until it becomes crit- tion get by hiding our heads from new ical to millions of Americans in their perity? Let me give an answer as I see it. If energy sources, such as advanced new daily lives, it is very hard for Ameri- the world is expected to grow and pros- technology in the nuclear area. cans to think we have a crisis, but per using current American restraints I think we are going to have to start there is a growing, creeping crisis of on energy sources, it is impossible for talking about it realistically with the paralysis that will occur in America American people. us to grow and the poor to grow be- because we do not have enough energy Do you know in South Africa they cause they need huge quantities of en- that is approved by the Environmental are about to build a module—that Protection Agency and that we can add ergy to grow. Do we want to be part of means a small powerplant—with brand to our inventories and resources. that? If we do, how can we hide our new nuclear technology that, number The crisis is coming close. Califor- heads and not encourage that all one, means the powerplant can never nians may be asking some questions. sources of energy be looked at from the melt; it is passive; it will turn itself off They ought to be. The media of the standpoint of the benefits versus the at a certain temperature. United States is not asking them yet. costs—the cost to a country, to the en- Do you know that powerplant they The great State of California, if you vironment. are trying to build will not use light put that State alongside countries, is Because of the inability to make water? Their gas-cooled design may be either the third or fourth largest eco- hard decisions, we are just about to much simpler, much safer, and produce nomic unit in the world. In other make our country a natural gas envi- less waste (but some) than light water words, in terms of gross domestic prod- ronment. We have almost abandoned systems. uct, California is either third or fourth coal. We have almost abandoned clean- We here in America are working on in the world. ing up coal so we can use it. nuclear research and the like related to There are brownouts happening in People are wondering what is hap- that kind of addition, but we are doing California, USA, which means there is pening to natural gas prices. When we it in such a quiet way because we are not enough distributable electricity in say to the American people that all fearful that some will rise up and get the power lines, in the grid of Cali- you can use in new powerplants is nat- angry about it. Angry they may get, fornia, to permit people to continue op- ural gas, all you can use for anything but the truth is, if the American people erating day by day as if there is suffi- now because of environmental concerns understand that we can move in that cient energy for anything and every- is natural gas, and then we say we can- direction—carefully, slowly—adding thing they choose to do. not produce it on American lands, on some diversity to our energy supply, I hope some people start asking: Who American property, on American pub- we can also do a better job in cleaning did this to us? Why are we in this con- lic domain—I am looking across the up our coal and using some of it for dition? I predict this will creep across aisle at a Senator who is always talk- electricity. America, and I only hope we do not ing about coal, coal mining. Let me We can, indeed, open up our public blame the next President for what has tell him, there is currently a study lands to exploration instead of hiding occurred before his watch. We do not that says the United States of America them, as if drilling a well that produces have anyone in a leadership position at has 200 trillion cubic feet of natural huge amounts of natural gas for Ameri- the executive branch of America, from gas. We use 20 a year. That is almost 10 cans—and for whatever we need to the President on down, who is telling years of total supply. We have it locked grow and prosper—as if that is some- the American people that we have a up in American public domain, in thing terrible rather than something big, big energy problem and that there American real estate that we own as a very good. It is something where we are solutions, but it will mean we have people, because we are frightened to ought to hold our heads up and say: We to make some tough decisions. make decisions about letting people ex- own it. It is American. If we produce it, I want to talk a moment about what plore for it or drill for it. In fact, we it is ours. We do not have to be depend- energy means. have case after case where almost non- ent.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26620 CONGRESSIONAL RECORD—SENATE December 14, 2000 And, yes, there is no question that we and we are so frightened we will not Silicon Valley in California and other ought to look at the refining capacity even talk about it. mini ‘‘silicon valleys,’’ you need a lot of America. We have not built a new re- I think we will talk about it. I think of energy to create the new produc- finery in 16 years, I say to the occupant we will talk about opening up Amer- tivity that that brings to America. of the Chair. ican public domain for production. I I want to also add that new tech- What is that all about? It is because think we will have a real debate about nology, led by computerization, is part we have put environmental rules ahead ANWR, rather than an emotional de- of the reason we have had the sus- of America’s energy needs. We refuse to bate, a real one about what we ought to tained growth; they added a dimension look at real cost benefits and reason- do to relate our energy needs to that of productivity we did not even meas- able mainstream protection rather area of the world, not just putting our ure for many years. They added growth than extraordinary protection that in hands up and saying it cannot be to technology by way of productivity many instances is meaningless but touched, that you can do nothing. increases: The more computers you costly and many times stops the pro- So there is much to be talked about had, the more you got out of your per- duction of things such as refineries, and much leadership needed. But the sonnel per unit of work. You got more pipelines, and the like. point is, energy problems in America, because of high technology. That has I have much more that I will talk without major changes, will get more added immensely to our productivity about from time to time on the floor of pronounced. We will have more crises; and has permitted us to grow without the Senate, but I come today to say, I the prices will go higher, not lower inflation. That is peaking out. hope we do not have to turn off our across the board in America for gaso- Surely, if we do not add more energy Christmas trees in New Mexico during line and natural gas. to the mix of the base, we will have to this Christmas season, nor in the Sen- I am hopeful the new President will start trading off one source of growth ator’s State of Colorado. I hope we can put somebody in the Department of En- in America for another. I do not believe turn them back on in California. ergy who will help America address that is going to work, and somebody Frankly, the only reason they can- this issue with its eyes open, ready to will be blamed, especially since it does not—and the only reason California make some really tough decisions. not have to happen. suffers—is because nobody will make But the biggest thing I seek is to set Mr. President, I yield the floor. tough decisions. We are sitting back the record straight. When that occurs, The PRESIDING OFFICER. The Sen- suggesting that things are really going as the energy crisis creeps across ator from Minnesota. well; that we will fix the American en- America, I hope we will remember that f ergy supply with windmills. I can de- the seeds have been sown before the liver a specific talk on why that will swearing in of this President. They are EXTENSION OF MORNING not work for all our energy, but we there; the lack of doing the right thing BUSINESS ought to continue it. But it will never in America is already in place. Mr. GRAMS. Mr. President, I ask give us the kind of energy supply we This President and his Cabinet and unanimous consent that morning busi- need as we look to the future. his Secretary and his Environmental ness be extended until 12:30. Do you know that the under- Protection Agency head are going to The PRESIDING OFFICER. Without developed countries of the world, which have to help solve a crisis they did not objection, it is so ordered. intend to grow—and we say to them: create. We ought to know that, and we f Grow, prosper—by 2020 will use as ought to set the record straight that SERVING IN THE SENATE much energy as the United States of that is the case. America? Where are they going to get I want to close by saying there is Mr. GRAMS. Mr. President, I rise it? What are they going to use? What plenty of blame to go around. But we today on what is a somewhat bitter- are we going to suggest they do? will not solve this problem without sweet occasion to reflect on my time in Are we going to sit back and say some leadership that is willing to tell the Senate, and to look ahead to the America can grow but they can’t? Are us the truth and suggest that there is future. we going to say they can use some new really no need for the State of Cali- Next to being a husband, a father, kind of energy source but we won’t? fornia to be running out of electricity. and a grandfather, these past 6 years So our leadership in the world, mov- It is because we have been short- have provided without a doubt the ing towards democratization and sighted, misled—and they have been in most exciting and also the most inspir- growth and prosperity for the poorest their State because there is the poten- ing moments in my life. To serve as a of nations, will come to a grinding halt tial for plenty of energy to go around Member of the greatest deliberative if, in fact, we cannot have energy sup- out there. We just have to decide that body in the world—entrusted with ful- ply in the world. America needs energy for its future, filling the hopes and wishes of the peo- Why should we have an agreement to and that we cannot grow more depend- ple across the United States as well as preserve ambient air qualities and in ent, that we ought to grow less depend- the people of Minnesota—has been that report not mention nuclear ent. humbling beyond words. When your power? Why should leaders do that? I So rather than proceed with details view out the front window is of the have had experts, physicists, who know about each of the sources of energy U.S. Capitol, and when your daily trav- what they are talking about, saying which I had chosen to talk about els take you down the same halls once that alone is enough to put that docu- today, I will do that on another day. walked by John Quincy Adams, Abra- ment over here on a table and declare Suffice it to say, we will not continue ham Lincoln, and Daniel Webster, and that it is not real. to grow—the Federal Reserve Board you spend your hours working for peo- If you want clean air in the future, notwithstanding—if we cannot solve ple who ask nothing more of you than you cannot say we will do it by using the problem of how much energy we to make government work a little bit only natural gas, that we will not build need and make sure we have it. better, well, going to the office to work any more coal burning powerplants, Some people thought that because of each day is a real pleasure. even though we could develop the tech- Silicon Valley, because it is so clean I am going to miss the Senate, not at nology to do that, that we will not con- and because it is built around new all because of the prestige it is said to sider nuclear power, even though we technology and computerization, we represent, but because this relatively have a nuclear Navy that since 1954 has would not need new energy sources. small group of people is instilled with gone all through the waters of the seas But it turns out that if you want that the power to accomplish so much good. and oceans of the world with it, with kind of growth and that kind of pro- And every day in this Chamber, my one or two powerplants right inside the ductivity increase, and if you want the colleagues plow their passions into hull of the boat, with never an acci- future of our country to be built upon doing that. Yes, we routinely disagree. dent. Never has anything happened, the technology that evolved with the We have our partisan battles. And as

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26621 men and women with strong ideas Senate with great distinction, as has here without expressing my thanks to about what is right for America, we the Senator from Washington, SLADE not just my fellow Senators, but every- can be as stubborn as any creature God GORTON. On the other side of the aisle, one who helps this body go about its ever put onto this Earth. But there is the Senate is losing one of its most re- daily work. Whether it’s the food serv- never any doubt that as Senators, my spected voices with the retirement of ice workers, pages, officers of the Cap- colleagues act out of a deeply held be- DANIEL PATRICK MOYNIHAN. He rep- itol Police force, elevator operators, lief that they are doing the right thing resents to me the ideal of the character parliamentarians, and the others who for the people who sent them here. of a public servant. The same can be have become such familiar presences, I have had the opportunity to serve said of BOB KERREY. I also wish the I’ve enjoyed getting to know you and I with many remarkable individuals. very best to RICHARD BRYAN, FRANK appreciate your professionalism. The They have taught me a great deal, not LAUTENBERG, and CHUCK ROBB, all of dedication to this institution extends just about being a Senator, although whom earned my admiration. far beyond those privileged to stand in there was certainly a major part of As to the rest of my colleagues, I the well of the Senate to all of its em- that, but they also helped me to recog- won’t try to thank you individually ployees. nize that compromise does not have to here, but I will do so privately, and In a Senate office, where the ink on mean compromising one’s beliefs, that know that you each have my respect the employee roster is barely dry be- a small victory is often better than no and my gratitude. fore somebody leaves for a better op- victory at all, that ‘‘obstacle’’ is just Not only have I served with excep- portunity and someone else steps in to another word for opportunity, and that tional colleagues, but I was elected to fill his or her place, I’ve been blessed to sometimes the best way to get past a serve here during remarkable times. have as loyal and as caring a staff as mountain is to go around it, and not We’ve been confronted with moments any Senator could ask for. Going all necessarily tunnel right through it. that tested America’s resolve in the the way back to my service in the U.S. The majority leader, TRENT LOTT, world, such as the war in the Balkans House, they’ve stood by me through has been a good friend, and I have ap- and the bombings of our U.S. embassies good times and the most difficult of preciated his counsel and his willing- abroad. Other events, like the Okla- days. As staffers do, they worked anon- ness to listen to even the most junior homa City tragedy and the recent un- ymously. They spent long hours at members of this chamber. I’ll say the certainty over the presidential elec- their jobs. They didn’t come to work same of his predecessor, Senator Bob tion, have tested us domestically. De- for me expecting to get rich and be- Dole, who was in so many ways a men- spite a strong economy, the challenges sides, a paycheck cannot reward that tor to this Senator, and I truly admire posed early on in my term by unending kind of loyalty. So all I can offer them him as a wonderful and caring leader deficits and high taxes threatened fam- today is my humble thanks and some and man. The assistant majority lead- ilies and job creators. These have been well-deserved public recognition by in- er, DON NICKLES, has been a tremen- hard times in my home state as well, serting their names in the RECORD. dous example to my colleagues and me, with problems on the farm and a series Mr. President, I ask unanimous con- and I want to thank him for his guid- of natural disasters that challenged sent their names be printed in the ance and friendship. I consider it my our citizens with floods and tornadoes. RECORD at an appropriate place. great fortune, and a great honor, to We accepted these challenges because The PRESIDING OFFICER. Without have been able to work closely with so the American people expected us to, objection, it is so ordered. many other good people on both sides and at the end of the day, I’m proud to (See Exhibit I) of the aisle, such as Democrat Leader say that we’ve left things a little bet- Mr. GRAMS. Mr. President, in con- TOM DASCHLE and Assistant Demo- ter than we found them. Deficits are a clusion, I appreciate their service to cratic Leader HARRY REID. I have thing of the past, taxes are still a my office and to the people of Min- learned from you daily; and, from our crushing blow for families, but a little nesota. I hope they understand that most senior and respected Members of less so, welfare is no longer a prison they have all helped to make a dif- this body, Senator ROBERT BYRD and sentence, and trade opportunities have ference. Senator STROM THURMOND; my com- opened up around the world for Amer- Also, I return to Minnesota a little mittee chairmen, JESSE HELMS of For- ican products. bit older, hopefully a little bit wiser, eign Relations, PHIL GRAMM of Bank- Is it enough? Of course not, because and feeling mightily blessed for all the ing, PETE DOMENICI of Budget, and it’s never enough. There’s always one opportunities that have come my way. FRANK MURKOWSKI of the Energy Com- more person needing a helping hand, In conception and execution, the Amer- mittee. one more bridge to build or road to ican Government—and the Senate in Before I got to the Senate, I never pave, one more bill to introduce. But particular—is an institution that has would have guessed that every question I’m confident that we’ve made the gov- never been equaled anywhere else in would have exactly one hundred dif- ernment work a little better for the the world. I have been honored to be a ferent answers. But each of our ex- folks who sent us here, and for the mo- part of it. changes forced me to look at old ideas ment, that’s enough for this Senator. I I yield the floor. in new ways, and I’m a better person leave here with a few more wrinkles EXHIBIT I for every challenge you posed. These and maybe a gray hair or two, but no MINNESOTA STAFF years with you have been like watching regrets. Erik Aamoth, Andrea Andrews, Donna a history book come to life. I wish my colleagues the very best as Bauer, Maryann Carl, Jennifer Casanova, I want to recognize my colleagues you struggle with the challenges that Dave Chura, Karyn Diehl, Tim Engstrom, Eric Felton, Josh Gackle, Joe Isaacs. who are also leaving the Senate at the lie ahead. Pat Johnson, Jessica Knowles, Michelle conclusion of this Congress. The distin- With a fifty-fifty split between the Koke, Rich Kunst, Dave Ladd, Kim Lichy, guished chairman of the Finance Com- parties come January, you’ll undoubt- Jack Meeks, Mark Neuville, Mike Nikkel, mittee, BILL ROTH, has been one of this edly be tested in ways you haven’t Annie Paruccini, Rob Patterson. Chamber’s greatest champions of the imagined. The Senate will adapt, Merna Pease, Tara Pryde, Matt Quinn, taxpayers, and a Senator of whom I though, as the Senate always has Erik Rosedahl, Noah Rouen, Barb Sykora, Jack Tomczak, Randy Wanke, Hayley Wesp, have the highest regard. JOHN throughout its history, because the Linda Westrom, Kurt Zellers. ASHCROFT and SPENCE ABRAHAM con- people will be counting on you. Sen- WASHINGTON STAFF tinually set the highest standard of ator-elect DAYTON will be in my pray- public service; we came into the Senate Perry Aaness, Bertt Adams, Mike Amery, ers, and I know the people of Min- Steve Behm, Jeff Bloemker, Eric Bearse, together, and I was honored to work nesota will stand behind him as they’ve Dave Berson, Jami Bjorndahl, Brian Bow- closely with them during the past six stood behind me. man, Morgan Brown, Alan Brubaker, Krista years. CONNIE MACK, a colleague on the On every level, this Senate is a fam- Canty, Barbara Cohen, Nicole Converse, Banking Committee, has served this ily, and it wouldn’t feel right to leave Anne Crowther.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26622 CONGRESSIONAL RECORD—SENATE December 14, 2000 Chris Cylke, Joseph Dworak, Jason again, I was in consultation with him for determining the credit. In the ab- Einertson, Erik Einertson, Don Erickson, and other ambassadors from other na- sence of regulations, this highly tech- Pat Eveland, Jensine Frost, Chris Gunhus, tions in regard to the budget situation. nical advice is all that taxpayers have Lianchao Han, Elizabeth Heir, Peter Hong, Senator GRAMS was instrumental in Todd Hower, Eric Huebeck, Jay Jackson, available, but these specific instruc- Dan Kauppi. the landmark piece of legislation, tions for a single taxpayer should not Jason Kelley, Pat Kenny, Anthony King, Helms-Biden. necessarily be the final word on the Adam Knapp, Ray Livengood, Diane I hope he will continue to apply his wide variety of developments across Lochner, Careen Martin, Darrell McKigney, talents. the nation. Regulations would be much Andrea Miles, Brent Moore, Tim Morrison, I wish Senator GRAMS and his family clearer and would be fully developed by Gretchen Muehlberg, Vaughn Murphy, Joe well. the Treasury Department. Natalicchio, Amy Novak. Mr. GRAMS. I thank very much the Matt O’Donnell, Mark Olson, Merna Pease, Senator from Virginia. A further issue is that the memo- Linda Pope, Heidi Rasmussen, Anthony randa are inconsistent with current in- Reed, John Revier, Jill Rode, Erik Rudeen, Mr. BYRD. Mr. President, will the Gary Russell, Fritz Schick, Mark Sherid, distinguished Senator yield? dustry practice. The positions taken in Maggie Smith, Tim Stout, Michael Mr. GRAMS. I graciously yield to the the memoranda could lower the eligi- Tavernier. Senator from West Virginia. ble basis by over 15 percent, reducing Braden Tempas, Herb Terry, Pam Mr. BYRD. Mr. President, I asked the available credits for a project. I am Thiessen, Joe Trauger, Kiel Weaver, Jeffery Senator to yield because I want to concerned that such a sharp reduction Weekly, Linda Westrom, Krista Winter, Tom share in the good wishes that have in the credit would mean that many Yedinak. been expressed by the distinguished planned developments for affordable INTERNS senior Senator from Virginia to the housing will no longer be economically Jerry Aanerud, Brandon Adams, Margery Amundsen, Kent Anderson, Gulzar Babaeva, Senator who is about to depart from feasible, and will force developers to Joel Brusewitz, Cheryl Budewitz, Kate our midst. decide against building affordable Busby, Steve Chappell, Cristi Cota, Amanda Let me say that the Senator has al- units. It is also possible that this re- Daeges, Brad Davis, Michelle Dhein, Ryan ways been nice to me. He is always duction in available credits for projects Ellis, Jenny Erickson, Julie Fishman, Char- cheerful and is always ready to reach could be applied retroactively—nul- lie Fox, Tom Goetz, Kristen Gross, Kevin out a welcoming hand. I appreciate lifying credits that have already been Gustafson. that. allocated and destroying confidence in Jennifer Halko, Chris Hansen, Nancy The Senator and I don’t serve on any Hartwell, Elicia Heir, Christian Heitzman, this important program that Congress Dan Herrboldt, Jon Herzog, Michael Hiltner, committees together. I am sorry I worked so hard to establish. Kelly Huebner, Jessica Inda, Andy Irber, never had that opportunity or that Tom Johnson, Jay Johnston, Kari Klassen, pleasure. Since States are allocated a fixed Rob Kloek, Mark Knapp, Jason Kohler, Tim But I shall miss the Senator. I shall number of credits based on population, Kohls, Joey Kramlinger. miss his ready smile and his firm hand the memoranda do not save the Treas- Margo Larson, Brad Lein, Jeff Love, Me- claps. ury any revenues. They simply limit lissa Maranda, Brian McCarty, Jennifer I, too, wish him well in the days to the amount of credits available per McWilliams, Stephanie Moore, Ed Moreland, project, making individual projects Jon Nelson, Hue Nguyen, Loc Nguyen, Ben come. Our Senate is better for his hav- Nicka, Jared Nordlund, Olga O’Hanlon, Gabe ing served here. My life is better for less attractive to developers. The re- Perkins, Gretchen Printy, Jessica Qually, having known him and having had the sult is fewer affordable housing units Allison Rajala, Stephanie Richard, Oscar opportunity to serve in this great body at a time when housing prices have Rodriguez. with him. soared in many communities across the Miranda Rollins, Julie Schellhase, Patrick I hope he will come back to see us. I country. Schott, Meghan Shea, Anne Sigler, Valerie hope I shall get to see him again. I I am also concerned about the lack of Sims, Matt Skaret, Tanetha Smith, Pat thank the Senator for yielding. Spieker, Andrea Staebler, Tom Starshak, opportunity for public comment on Mr. GRAMS. I thank the very hon- Amy Thorson, Kristian Vieru, Christine Vix, this issue. Preparing regulations re- ored and respected man in the Senate, David Webb, Benjamen Wilson, Kristy quires comment, but issuing such Wolske, Ryan Wood. the Senator from West Virginia, for his kind words. memoranda does not. Many constitu- The PRESIDING OFFICER. The Sen- ents—tenants as well as developers— ator from Virginia. f have strong concerns about the credit, f THE LOW INCOME HOUSING TAX and they should have the opportunity SENATOR ROD GRAMS CREDIT to express those concerns adequately. Mr. WARNER. Mr. President, our dis- Mr. KENNEDY. Mr. President, one of Developers and housing advocates can tinguished colleague, Senator GRAMS, the most significant bipartisan provide valuable information on the will go on to, I hope, an even greater achievements by Congress and the application of these credits, and their challenge. Clinton Administration is the increase views should be taken into consider- What a privilege it has been for me in the Low Income Housing Tax Credit ation. and I think all in this Chamber to have that we should enact this week. How- With the growing regional and na- had his service for a few years. I was ever, I am concerned that the Internal tional economy, housing prices are in- particularly impressed by Senator Revenue Service is taking a position in creasing faster in Massachusetts than GRAMS’S willingness to take on assign- audits that may undermine the goal of any other state. Many studies have ments which others felt they would the credit. shown that we must increase produc- rather not have because of the chal- Last month, the IRS issued a series tion in new affordable housing units lenge—particularly on the Foreign Re- of five technical advice memoranda, throughout the state to meet the over- TAM, on the credit, in response to lations Committee and those relating whelming demand for affordable hous- questions about an audit of a low-in- to Africa, those relating to the United ing. We must do all we can to see that come housing developer earlier this Nations, and issues which are very the low income housing tax credit is year. The memoranda described what vital not only to our Nation but to the used effectively to meet this pressing may be included in the basis of a prop- whole world. need. I wish to commend the Senator. I erty to calculate the amount of the hope that he will continue to apply his credit that a state can allocate for a I urge the Treasury Department to talents and his wisdom and energy to development. begin the process of developing appro- solving those difficult challenges. The memoranda were requested and priate regulations on this important I recently visited the U.N. with Am- issued because no regulations currently issue, including opportunities for de- bassador Holbrooke. Time and time exist to clearly define the eligible basis tailed public comments.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26623 RETIREMENT OF SENATOR issues threatening these fundamental proposals—some with bipartisan sup- RICHARD H. BRYAN rights of the American people. port—regarding medical, financial, and Mr. LEVIN. Mr. President, when the When he announced the creation of online privacy and identity theft. 106th Congress finally adjourns sine die the Democratic Privacy Task Force Democratic Senators who have spon- in the next several days, it will mark earlier this year, the Senate Demo- sored privacy legislation this Congress the end of the Senate service of one of cratic Leader, Senator TOM DASCHLE, include, Senators BOXER, BREAUX, this body’s most thoughtful and re- said, ‘‘The issue of privacy touches vir- BRYAN, BYRD, CLELAND, DASCHLE, DOR- spected members, Senator RICHARD tually every American, often in ex- GAN, DODD, DURBIN, EDWARDS, FEIN- BRYAN. tremely personal ways. Whether it is STEIN, FEINGOLD, HARKIN, HOLLINGS, DICK BRYAN came to the Senate hav- bank records or medical files or Inter- INOUYE, JOHNSON, KENNEDY, KERRY, ing already distinguished himself as a net activities, Americans have a right KOHL, LAUTENBERG, MIKULSKI, MURRAY, popular attorney general for four years to expect that personal matters will be ROBB, ROCKEFELLER, SARBANES, SCHU- and governor for six years in Nevada. kept private.’’ Yet, our laws have not MER, TORRICELLI, and WELLSTONE. In his two terms in the Senate, DICK kept pace with sweeping technological Despite the best efforts of Demo- has fought for the protection of Amer- changes, putting at risk some of our cratic Senators to heed the public call ican consumers. His successful legisla- most sensitive, private matters, which for greater privacy protection and to tive battles include the requirement may be stored in computer databases bring privacy issues to the forefront of that automobiles sold in the U.S. be that are available for sale to the high- our legislative agenda, the Republican equipped with air bags, fair credit re- est bidder. As Senator DASCHLE stated, majority has failed to bring all sides porting and toy labeling legislation. He ‘‘That is wrong, it’s dangerous, and it and stakeholders together to craft has been a pioneer in the area of inter- has to stop.’’ workable and effective safeguards in net privacy protection legislation, in- In leading the Democratic Privacy any of the areas where privacy rights cluding his bill, the Childrens’ Online Task Force, I took this charge to heart are most at risk, namely, for internet Privacy Protection Act, which passed and determined that an important first activities, medical records or financial last year by the Senate. step in formulating workable and effec- information. DICK BRYAN has earned a reputation tive privacy safeguards was to make During this Congress, for example, as a tenacious defender of the interests sure we understood the scope of the instead of focusing on ways to enhance of the people of Nevada. Whether at- problem, both domestically and inter- privacy safeguards, the largest number tempting to block the storage of fed- nationally, the status of industry self- of hearings (thirteen) and innumerable eral waste at Yucca Mountain, at- regulatory efforts and the need for leg- briefings held by the Senate Judiciary tempting to ban internet gambling, or islative solutions. At the announce- Committee or its subcommittees were fighting for federal projects in Nevada, ment of the Privacy Task Force, I directed at dissecting the manner in DICK BRYAN has time and again been a noted that we would focus on Internet, which the Department of Justice han- formidable advocate for his constitu- financial and medical records privacy, dled the investigation and prosecution ents. explaining that, ‘‘It is important to of certain cases involving national se- DICK BRYAN has also been a strong come to grips with the erosion of our curity-related information and cam- voice in the Senate for fiscal responsi- privacy rights before it becomes too paign financing. In the eyes of some bility. A critic of excessive ‘‘pork-bar- late to get them back. We need to con- members, the convictions obtained rel’’ spending and wasteful programs, sider a variety of solutions, including were proof of success, and in the eyes he help lead the fight back to a bal- technological one, and we need to look of others they were not. In our next anced federal budget. at the appropriate roles for private as Congress, it is my hope that we will I have served with DICK on the Sen- well as public policy answers.’’ not be distracted by such partisan pur- ate Select Committee on Intelligence, To this end, the Senate Democratic suits, but that our time will be better on which he now serves as Vice-Chair- Privacy Task Force sponsored several spent on crafting privacy legislation man. On that Committee, DICK has led member meetings and briefings on ad- that will make a real difference in the the minority while steadfastly working ministrative steps underway in the lives of every American. This is no toward a bipartisan approach to the Clinton-Gore Administration to pro- easy task and will require both hard Committee’s critical oversight of the tect people’s privacy, industry self-reg- work and the commitment of member nation’s intelligence community. ulatory efforts, and other specific pri- and staff time, but the next Congress Mr. President, I know I speak not vacy issues. These meetings included a should not shy away from this impor- only for my wife, Barbara and myself, discussion with White House privacy tant issue, as has this one. but for all of us in the Senate family, experts Peter Swire, Chief Counselor The right to privacy is a personal and when I say that we will profoundly for Privacy at the Office of Manage- fundamental right protected by the miss DICK and Bonnie BRYAN. We wish ment and Budget, and Sally Katzen, Constitution of the United States. The them, their three children and three Counselor to the Director at the Office digitalization of information and the grandchildren a healthy and happy fu- of Management and Budget, on the sta- explosion in the growth of computing ture. It was DICK’s love of family and tus of multilateral negotiations on im- and electronic networking offer tre- his desire for quality time with them plementation of the EU Privacy Direc- mendous potential benefits to the way and his desire for quality time in his tive and the effects on U.S. business. Americans live, work, conduct com- beloved Nevada which takes him from At another meeting, officials from merce, and interact with their govern- us. While there will be a big hole in our OMB and the Department of Treasury ment. Yet, new technologies, new com- Senate family with his departure, we described financial privacy issues. Yet munications media, and new business admire his reasons for leaving, just as another meeting provided a public services created with the best of inten- we admire and celebrate his contribu- forum for industry executives rep- tions and highest of expectations chal- tions to the well being of our nation. resenting various seal programs to de- lenge our ability to keep our lives to ourselves, and to live, work and think f scribe the successes and pitfalls of internet privacy self-regulatory activi- without having personal information REPORT CARD OF THE 106TH ties. These task force meetings focused about us collected and disseminated CONGRESS ON PRIVACY on relevant and pressing issues affect- without our knowledge or consent. In- Mr. LEAHY. Mr. President, I rise ing consumer privacy in this country, deed, personal information has become today, as Chairman of the Senate prompting many Democratic members a valuable and widely traded com- Democratic Privacy Task Force, to to look at legislative solutions. modity by both government and pri- speak about the privacy rights of all Democrats have worked to enhance vate sector entities, which may used American citizens and the failure of consumer privacy protections through the information for purposes entirely this Congress to address the important the introduction of several legislative unrelated to its initial collection.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26624 CONGRESSIONAL RECORD—SENATE December 14, 2000 Moreover, this information may be sto- taining to a subscriber to any non-gov- Enhanced privacy protection from len, sold or mishandled and find its ernmental entity for any purpose or unreasonable government searches and way into the wrong hands with the use. Due to this exemption, ISPs and surveillance is another area that re- push of a button or click of a mouse. OSPs may sell their subscriber lists or quires attention. Internet users are The American people are becoming track the online movements of their concerned about whether their privacy more aware of this problem and are subscribers and sell that information— rights are threatened by prodding sur- growing increasingly concerned with all without the subscribers’ knowledge veillance technology, as demonstrated expanding encroachments on their per- or consent. The E-RIGHTS Act would by the public outcry over the ‘‘Carni- sonal privacy. American consumers are have cut back on this exemption by re- vore’’ program. Carnivore is used by demanding better privacy protection quiring ISPs to give subscribers an op- the Federal Bureau of Investigation to and simply avoiding those markets per- portunity to prohibit disclosure of monitor the Internet activity of sus- ceived to pose the most risk to privacy their personal information and enu- pected criminals and is completely interests. merating the situation in which the in- undetectable as it intercepts the sus- New technologies bring with them formation may be used or disclosed pect’s email, web, and chat-room activ- new opportunities, both for the busi- without subscriber approval. Serious ity. Fortunately, the ‘‘Carnivore’’ pro- nesses that develop and market them, consideration of this proposal would gram is capable of filtering protected and for consumers. It does not do any- have provided a constructive basis for or unnecessary information from that one any good for consumers to hesitate discussion of online privacy, a discus- which should be intercepted. Neverthe- to use any particular technology be- sion that has been postponed until the less, concerns persist over the capabili- cause they have concerns over privacy. next Congress. ties represented by this electronic sur- That is why I believe that good privacy Enhanced privacy protection for con- veillance technology and its potential policies make good business policies. fidential information held by bankrupt invasiveness. Consumer concerns can be a serious firms is necessary. Internet users are The E-RIGHTS Act, S. 854, which I drag on the marketplace, and the Con- often promised basic privacy protec- introduced in April, 1999, contains a gress may help bolster consumer con- tion, only to have their expectations number of provisions designed to up- fidence by putting in place the appro- disappointed and their personal infor- date our fourth amendment rights in priate legislative privacy safeguards. mation put up for sale or disseminated the face of technological advances and Let me outline some of the areas in in ways to which they never consented. new surveillance technologies. This which I have introduced privacy legis- Sadly, expectations and assumptions legislation enhances privacy protec- lation and will continue to work for are not always safe online. For exam- tions in several areas by strengthening constructive solutions. ple, Toysmart.com, an online toy store, procedures for law enforcement access While many emerging technologies recently filed for bankruptcy and its to private information stored on Inter- challenge privacy protection, the databases and customer lists were put net networks, location information for greatest modern threat may be found up for sale as part of the liquidation of cellular telephones, decryption assist- online. Concerns over the privacy of the firm’s assets. This personal cus- ance for encrypted intercepted commu- online interaction easily dominate tomer information was put on the auc- nications and stored data, communica- both the media and the public. The tion block even though tions occurring over conference calls American public has a number of con- Toysmart.com’s privacy statement when the target of a wiretap order has cerns when they go online. They worry promised that ‘‘[w]hen you register dropped off the call, and information whether their privacy will be pro- with toysmart.com, you can rest as- obtained under pen register and trap tected, whether a damaging computer sured that your information will never and trace orders. Once again, no action virus will attack their computer, be shared with a third party.’’ was taken on this legislation despite whether a computer hacker will steal The Toysmart.com situation exem- my continued efforts to urge the Judi- their personal information, adopt their plifies the need for our privacy laws to ciary Committee to take it up. identity and wreak havoc with their recognize the dangers online services Just as the widespread dissemination credit, whether their kids will meet a pose and to keep pace with the Inter- of personal information through online sexual predator and whether govern- net’s increased usage and ever evolving services deserves Congressional atten- ment or private sector entities are sur- technology. I introduced, along with tion, the rapid expansion of the finan- reptitiously monitoring their online Senators TORRICELLI, KOHL and DUR- cial services industry requires affirma- activities and communications. BIN, S. 2758, ‘‘The Privacy Policy En- tive action to protect private, financial Unfortunately, these concerns are forcement in Bankruptcy Act of 2000’’ information. In November 1999, Presi- merited, and will continue to increase specifically to address the problems dent Clinton signed into law the land- as online technology evolves. As the re- created by Toysmart.com. Currently, mark Financial Modernization Act of cent popularity of peer-to-peer sharing the customer databases of failed Inter- 1999, which updated our financial laws software, used in the Napster service, net firms can be sold during bank- and opened up the financial services in- demonstrates, the way in which people ruptcy, even in violation of the firm’s dustry to become more competitive, use the personal computer is changing. stated privacy policy. This is unaccept- both at home and abroad. I supported Increasingly, personal information, able. The Act would prohibit the sale of this legislation because I believed it such as diaries, finances, and sched- personally identifiable information would benefit businesses and con- ules, will not be stored on hard drives, held by a failed business if the sale or sumers. It makes it easier for banking, but instead on Internet-based files. disclosure of the personal information securities, and insurance firms to con- Combined with the reality that a sub- would violate the privacy policy of the solidate their services, cut expenses stantial amount of our information is debtor in effect when the personal in- and offer more products at a lower cost being carried over the ‘‘Wireless Web,’’ formation was collected, providing at to all. But it also raises new concerns access to our personal information—by least a modicum of protection for pri- about our financial privacy. private and by public snoopers—is also vacy rights online. It was my hope that In the financial services industry, growing exponentially. the majority would support this legis- conglomerates are offering a wide vari- I proposed S. 854, the Electronic lation and effect swift passage so that ety of services, each of which requires Rights for the 21st Century Act or the we could at least make some progress a customer to provide financial, med- E-Rights bill, to address these con- in the protection of important privacy ical or other personal information. And cerns. This legislation would have rights. Unfortunately the majority has nothing in the law prevents subsidi- modified the blanket exception in cur- chosen to ignore this legislation, along aries within the conglomerate from rent law allowing electronic commu- with other numerous privacy initia- sharing this information for uses other nications service providers to disclose tives, with the consequence that is has than the use the customer thought he a record or other information per- gone nowhere. or she was providing it for. In fact,

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26625 under current Federal law, a financial privacy issues raised by ultra competi- have not moved tangibly toward solu- institution can sell, share, or publish tive marketplaces in the information tions in the six years since I convened savings account balances, certificates age. It is clear that Congress needs to the first hearings on technology and of deposit maturity dates and balances, update our privacy laws in the evolving medical records in 1993. Since then a stock and mutual fund purchases and financial services industry to protect number of bills have been introduced— sales, life insurance payouts and health the personal, confidential financial in- by myself and others—but we have insurance claims. formation of all American citizens. been unable to get the attention of the As President Clinton recently Unfortunately, our Republican col- majority to move this legislation. warned: ‘‘Although consumers put a leagues on the Senate Banking Com- In 1996 we tried to include medical great value on privacy of their finan- mittee did not feel the same way. This privacy protections in the Health In- cial records, our laws have not caught important financial privacy protection surance Portability and Accountability up to technological developments that never saw the Senate floor, leaving Act of 1996, HIPAA. Majority Leader make it possible and potentially profit- confidential financial information dis- Bob Dole at the time agreed with us able for companies to share financial turbingly vulnerable. that ‘‘a compromise of privacy’’ that data in new ways. Consumers who un- Just as troubling as the rejection of sends information about health and dergo physical exams to obtain insur- financial information protections is treatment to a national data bank, ance, for example, should not have to this Congress’ failure to establish safe- without a person’s approval, would be fear the information will be used to guards for the privacy of medical something that none of us would ac- lower their credit card limits or deny records. Undoubtably, maintaining the cept. What we settled for in 1996 was a them mortgages.’’ I strongly agree. confidentiality of medical records is of provision requiring Congress to enact Senators BOXER, BRYAN, DURBIN, the utmost importance. Medical medical privacy legislation by August FEINGOLD, HARKIN, MIKULSKI and ROBB, records contain the most intimate, sen- 21 of 1999. If the deadline was not met, and I introduced the Financial Infor- sitive information about a person. For which it was not, the Administration mation Privacy and Security Act of the past three Congresses, I have intro- then would be required to issue regula- 1999, S. 1924, to give this Congress the duced comprehensive medical privacy tions by February 21, 2000, to protect historic opportunity to provide for the legislation. In March 1999, I introduced the privacy of electronic records, but privacy of every American’s personal S. 573, the Medical Information Privacy not paper-based medical records. This financial information in the wake of and Security Act, with Senators KEN- is the current, pitiful state of medical enactment of the financial moderniza- NEDY, DASCHLE, DORGAN, INOUYE, JOHN- records privacy protection and it is tion legislation. Our legislation was de- SON, KERRY and WELLSTONE, to estab- clearly unacceptable. signed to protect the privacy of finan- lish the first comprehensive federal The inexcusable failure to provide cial information by directing the Fed- medical privacy law. This bill would comprehensive medical records privacy eral Reserve Board, Office of Thrift Su- close the existing gaps in federal pri- for three-years and the obstruction of pervision, Federal Deposit Insurance vacy laws to ensure the protection of the Financial Information Privacy Act Corporation, Office of the Comptroller personally identifiable health informa- of 1999 are just two examples of this of the Currency, and the Securities and tion. Sadly, this legislation has gone Congress’ failure to affirmatively and Exchange Commission to jointly pro- nowhere, like all medical privacy legis- aggressively protect the fundamental mulgate rules requiring financial insti- lation this Congress. privacy rights of American citizens. tutions they regulate to: (1) inform In fact, Congress gave itself three I regret that this Republican-led Con- their customers what information is to years to establish medical records pri- gress has not chosen to act on even one be disclosed, and when, to whom and vacy legislation, but by the August 21, of the multiple legislative proposals for what purposes the information is to 1999 deadline, comprehensive medical protecting consumer privacy during be disclosed; (2) allow customers to re- records privacy rules did not exist. In- the 106th Congress. It is my hope that view the information for accuracy; and stead the Department of Health and we put partisan politics aside in the (3) for new customers, obtain the cus- Human Services, as directed by Con- 107th Congress and take a hard look at tomers’ consent to disclosure, and for gress, drafted its own version. These how we can and should protect the fun- existing customers, give the customers placeholder privacy rules are better damental right of privacy in the 21st a reasonable opportunity to object to than no rules at all, but in the long Century. As each day passes, new fi- disclosure. These financial institutions run, Congress—not a federal agency— nancial services, new online services, could use confidential customer infor- should set the basic standards on med- and new medical data bases are taking mation from other entities only if the ical privacy, so that different adminis- shape and institutional practices em- entities had given their customers trations do not keep reducing the pro- ploying these new technologies are similar privacy protections. tections. I had hoped that the adminis- taking root. Unless we decide that pri- In addition, the bill would have pro- trative rule-making process may fi- vacy is worth protecting—and soon— vided individuals the civil right of ac- nally prod Congress into action on a the erosion of our privacy rights will tion to enforce their financial privacy full-fledged policy, but as this Congress become irreversible. rights and to recover punitive dam- nears its conclusion, my optimism is f ages, reasonable attorneys fees, and waning. other litigation costs. Privacy rights Even this past summer, when the RETIREMENT OF SENATOR must be enforceable in a court of law Senate had an opportunity to protect SPENCER ABRAHAM to be truly effective. the privacy of genetic information, it Mr. LEVIN. Mr. President, when the I also joined with Senators SAR- failed to do so. Senator DASCHLE intro- 106th Congress adjourns, we will lose BANES, BRYAN, DODD, DURBIN, ED- duced an amendment, which I sup- my colleague from Michigan, Senator WARDS, FEINSTEIN, HARKIN, KERRY and ported, to the FY 2001 Labor HHS Ap- SPENCER ABRAHAM. I want to pay trib- ROBB to introduce the Financial Infor- propriations bill that would have pro- ute to SPENCE ABRAHAM today. mation Privacy Protection Act of 2000, tected private genetic information Although we have divergent voting S. 2513. This bill was the Clinton Ad- from insurance companies and employ- records on many national issues, when ministration’s proposal to give con- ers using such information to discrimi- the interests of Michigan were at sumers real control over the use and nate against individuals or raise insur- stake, we were usually able to work to- disclosure of their financial and ance premiums. The Senate failed to gether on behalf of our constituents. health-related information held by fi- adopt the amendment and failed, once We and our staffs have joined forces on nancial institutions. again, to protect essential privacy efforts to bring federal resources to I had hoped that these efforts would rights. Michigan for our highways and trans- be just the beginning of this Congress’s Congress has spent too long defining portation, to address agricultural efforts to address the many financial the problem instead of fixing it. We emergencies, economic development,

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26626 CONGRESSIONAL RECORD—SENATE December 14, 2000 airport modernization, the need for in- struction of a national cemetery in the umbine tragedy, but still this Repub- frastructure to protect the environ- Detroit Metropolitan area. Approxi- lican Congress refuses to act on sen- ment, particular issues affecting the mately 927,000 veterans live in Michi- sible gun legislation. health of the Great Lakes and a broad gan, 605,000 of whom reside in the De- Since Columbine, thousands of Amer- array of other projects. troit metropolitan area and a national icans have been killed by gunfire. Until SPENCE ABRAHAM served on the Sen- cemetery here is long overdue. we act, Democrats in the Senate will ate Judiciary, Commerce, and Budget In his six years in the Senate, SPENCE read the names of some of those who Committees. In addition, we served to- ABRAHAM earned a reputation as a vig- have lost their lives to gun violence in gether for the past six years on the orous, perceptive and hard-working the past year, and we will continue to Small Business Committee where we Member. He proudly holds the second do so every day that the Senate is in worked together to support increased longest record of consecutive votes session. funding for the Women’s Business Cen- cast among current Senators, having In the name of those who died, we ters program which helps entre- missed no votes in his term. He au- will continue this fight. Following are preneurs start and maintain successful thored a number of pieces of legisla- the names of some of the people who businesses. There are three Centers in tion, but I suspect none more impor- were killed by gunfire one year ago Michigan: the Center for Empowerment tant to him than the Hillory J. Farias today. and Economic Development, CEED, and Samantha Reid Date-Rape Drug December 14, 1999: which houses the Women’s Initiative Prohibition Act of 2000 named, in part, Damon Flowers, 23, Baltimore, MD; for Self-Employment, WISE, in Ann for Samantha Reid, a Rockwood, Allen Groves, 38, Denver, CO; Arbor, the Grand Rapids Opportunities Michigan teenager who died after Lashawn Miller, 20, Detroit, MI; for Women, GROW, in Grand Rapids, drinking a soft drink she didn’t know Robert Miller, 42, Detroit, MI; and The Detroit Entrepreneurship In- had been lace with a substance called Isreese Pennington, 20, Detroit, MI; stitute, Inc, DEO. GHB (Gamma Hydroxybutyric Acid). Fred G. Schermer, 88, Seattle, WA; During this session of Congress, The Abraham law amended the Con- Bruce A. Spangler, Madison, WI; SPENCE and I worked together to get $2 trolled Substances Act of 1998 to add Marcus Stewart, 29, Pittsburgh, PA; million added to the Interior Appro- GHB, known as the ‘‘date rape drug’’ to Roger Thomas, 49, Houston, TX; and priations bill to fund a settlement be- the list of Schedule One controlled sub- Reginald Vernon, 33, New Orleans, tween Michigan Indian tribes, the stances. LA. State of Michigan and the federal gov- Mr. President, as we note the con- Following are the names of some of ernment concerning fishing rights and, tribution of SPENCE ABRAHAM to our the people who were killed by gunfire among other things, the removal of work, my wife Barbara and I wish him, one year ago Monday, Tuesday and tribal gill nets from the Great Lakes. his wife Jane, their twin daugthers, Wednesday of this week. At our urging, the FY 2001 Interior Ap- Julie and Betsy, and their son SPENCEr December 11, 1999: propriations Bill also contained report Robert well as they begin the next Manuel Ayon-Coronel, 35, Detroit, language that directed the Bureau of chapter of their lives. MI; Indian Affairs to include the ‘‘Great f Joseph Brown, Jr., 22, Baltimore, Lakes Fisheries Settlement agreement MD; in its fiscal year 2002 budget request.’’ VICTIMS OF GUN VIOLENCE Tiche Carter, 25, New Orleans, LA; This amount should be $6.25 million for Mr. DORGAN. Mr. President, it has Marlin Cooper, 17, Chicago, IL; FY 2002. been more than a year since the Col- Durrell Dates, 27, Detroit, MI; We also successfully worked to con- umbine tragedy, but still this Repub- Myatt Ellis, 16, Philadelphia, PA; tinue the moratorium on unfair and in- lican Congress refuses to act on sen- Tisha Ford, 26, Baltimore, MD; effective increases in CAFE standards sible gun legislation. Tyrone Freeman, 27, Philadelphia, and worked out a compromise in the Since Columbine, thousands of Amer- PA; Senate to ensure that a National Acad- icans have been killed by gunfire. Until Arthur Green, 28, New Orleans, LA; emy of Sciences study of the effective- we act, Democrats in the Senate will Derrick Irvin, 21, Kansas City, MO; ness and impacts of CAFE standards read the names of some of those who Andres Jimenez, 46, Miami-Dade will include the effect of those stand- have lost their lives to gun violence in County, FL; ards on motor vehicle safety as well as the past year, and we will continue to Connie F. Jones, 52, Tulsa, OK; discriminatory impacts of those stand- do so every day that the Senate is in Larry Knox, Jr., 15, Baltimore, MD; ards on the U.S. auto industry. session. Drena Mines, 34, Atlanta, GA; Also, since SPENCE served as Chair- In the name of those who died, we Joseph Nevins, 46, Kansas City, MO; man of the Senate Judiciary Commit- will continue this fight. Following are Sultan Ali Smith, 27, Seattle, WA; tee’s Subcommittee on Immigration, the names of some of the people who and we worked together on amending Sec- were killed by gunfire one year ago on Unidentified Male, 70, Charlotte, NC. tion 110 of the Illegal Immigration Re- December 8, 1999: December 12, 1999: form and Immigrant Responsibility Walter Bryant, 23, Philadelphia, PA; Donald Adkins, 51, Kansas City, MO; Act of 1996 to ensure that Michiganders Bernardo Gonzales, 69, San Fran- Eber Yexsi Blanco, 36, Baltimore, do not face major traffic delays at the cisco, CA; MD; Canadian border. The Immigration and Demetris Green, 24, Kansas City, MO; James Cox, 22, Philadelphia, PA; Naturalization Service Data Manage- Arian McCollough, 23, Philadelphia, Quentin Dillon, 17, Chicago, IL; ment Improvement Act of 2000, which PA; Alex William Gilliam, 20, San SPENCE ABRAHAM introduced and I co- Diante Whitfield, 16, Oakland, CA; Bernardino, CA; sponsored, replaced the burdensome re- and Lonnie Hardy, 19, Baltimore, MD; quirements of Section 110 with a more Unidentified Male, 60, Honolulu, HI. Kevin Hunter, 23, Chicago, IL; manageable approach of collecting We cannot sit back and allow such Dequar Jarrett, 22, Detroit, MI; data, one that would not result in bor- senseless gun violence to continue. The William Jefferies, 22, Gary, IN; der tie-ups or cause financial strain to deaths of these people are a reminder Joshua Johnson, 18, St. Paul, MN; Michigan jobs, exports, and tourism. to all of us that we need to enact sen- Carl W. Lawson, 33, Seattle, WA; We worked together on behalf of sible gun legislation now. Remilekun Macklin, 17, Chicago, IL; Michigan veterans. Within the past f Anthony Meadows, 18, San year, our staffs met with local officials Bernardino, CA; to forge a successful cooperative effort VICTIMS OF GUN VIOLENCE Karanja Miles, 25, Atlanta, GA; to secure additional funding in Fiscal Mr. KENNEDY. Mr. President, it has George Peck, 40, Detroit, MI; Year 2001 for the planning and con- been more than a year since the Col- Tyreek Powell, 25, Trenton, NJ;

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26627 Thomas Rosas, 34, Chicago, IL; highways and as a particular friend of this presidential election, the identity of the Taurian L. Smith, 19, Lincoln, NE; mass transportation. loser is perfectly clear. It is the Nation’s Mark Spicer, 21, Chicago, IL; As the Ranking Democrat on the confidence in the judge as an impartial Steven Steiner, 23, San Bernardino, Senate’s Budget Committee, Senator guardian of the rule of law. CA; LAUTENBERG has been a consistent When the next President is sworn Robert Tucker, 61, Houston, TX; and voice in support of a balance budget, into office in January, I pledge to do Bijan K. Washington, 25, Seattle, WA; paying down the national debt, and in- all that I can to help the country put December 13, 1999: vesting in America’s future. He coau- this extraordinary and unsettling elec- Barbra Amundson, 43, San Francisco, thored the historic Balance Budget tion behind us. I will do my best in the CA; Agreement of 1997. United States Senate to advance the Keith Barnes, 18, Kansas City, MO; FRANK LAUTENBERG has served in the interests of the people of California, Gerardo Garcia, Dallas, TX; Senate since 1982. He is a friend and who have so many needs and rights Zhen Liu Guo, 47, Washington, DC; ally in many legislative battles whom I that remain to be addressed. Everette Ragin, 20, Charlotte, NC; will miss deeply in the years ahead. There are many lessons to be learned Steven Shepherd, 18, Kansas City, However, FRANK is a man of tremen- from these events. We need to change MO; dous energy and vision. That energy our election procedures to make them Eugene A. Sims, 22, Seattle, WA; and vision will continue to serve our uniformly as reliable and accurate as Jason Thomas, 19, Atlanta, GA; nation because FRANK LAUTENBERG’s possible, so that we will never again be Marjorie Warren, 48, San Francisco, love of this nation is so deep and abid- in this situation. And more Americans CA; ing that as long as he has breath he must now realize that their participa- Unidentified Female, Newark, NJ; will be advancing its ideals. tion in the political process is vitally and f important. I will work on these chal- Unidentified Male, 35, Norfolk, VA. lenges in the coming months, for the We cannot sit back and allow such THE SUPREME COURT DECISION IN sake of Californians and for all Ameri- senseless gun violence to continue. The THE CASE OF BUSH VERSUS cans. GORE AND ITS AFTERMATH deaths of these people are a reminder f to all of us that we need to enact sen- Mrs. BOXER. Mr. President, I am TRIBUTE TO SENATOR CHUCK sible gun legislation now. heartbroken that the Supreme Court ROBB f has issued an opinion that, to me, un- dermines a core democratic principle— Mr. LEVIN. Mr. President, I rise to RETIREMENT OF SENATOR FRANK that every vote counts and every vote pay tribute to my colleague on the LAUTENBERG must be counted. Armed Services and Intelligence Com- Mr. LEVIN. Mr. President, I want to I am also perplexed that the Court mittees, Senator CHUCK ROBB. As his pay tribute today to a retiring col- sent the case back to the Florida Su- career in the Senate comes to a close, league, my friend, Senator FRANK LAU- preme Court for further proceedings on Senator ROBB leaves behind a career in TENBERG. the recount, since it did so while also public service that he and the Vir- I have served with FRANK LAUTEN- suggesting that time had run out for ginians he served so well should be BERG in the Senate for the past eight- the recount. That suggestion is dis- proud of. een years and watched him grow from ingenuous, considering that the U.S. CHUCK ROBB has served his nation as a man of great accomplishment and Supreme Court itself helped cause the a United States Marine, as Lieutenant success in the private sector to a high- clock to run out when it voted 5–4 to Governor and Governor of the Com- ly effective and admired public serv- stop the recount last Saturday by monwealth of Virginia, and for the last ant. FRANK has left his mark of distinc- issuing a stay. twelve years as a member of the United tion on our nation’s laws in a number I want to compliment the four jus- States Senate. CHUCK ROBB has been a of areas reflecting his broad interests tices who voted against the stay public servant in the truest sense. He and expertise. He has served as the order—Justices Stevens, Souter, has always put the nation’s interest Ranking Democrat on the Senate Breyer and Ginsberg—two appointed by first, and self-interest last. Budget Committee, leading the Demo- Republican Presidents and two by a During the twelve years I have served crats in our efforts to fashion a federal Democrat. While several of them recog- with Senator ROBB on the Armed Serv- budget which meets our nation’s prior- nized constitutional problems in the ices Committee, he has proven himself ities while working to pay down the way the recount was being carried out, to be a champion of a strong national national debt. In addition, FRANK is a they clearly understood the overriding defense, of the men and women who leader on transportation policy, gun importance of counting every legal wear our nation’s uniform, and of his safety, and environmental issues vote. fellow veterans. among others. In his dissenting opinion, Justice On the Armed Services Committee, FRANK LAUTENBERG was the author of John Paul Stevens pointed out that the he has been first and foremost a de- legislation which banned smoking Florida Supreme Court, in ordering the voted advocate of a strong Navy-Ma- America’s airlines, a wise action which recount, merely ‘‘. . . did what courts rine Corps team. While Senator ROBB all of us who fly appreciate more and do—it decided the case before it in has never been one to tout his own ac- more each year as we learn about the light of the legislature’s intent to leave complishments, his pride in and love effects of recirculated cigarette smoke. no legally cast vote uncounted.’’ for the United States Marine Corps is He wrote the bill which established the He stated that in its action ‘‘the ma- one thing he has never been able to age of 21 as the national legal drinking jority effectively orders the disenfran- hide. age, an action clearly responsible for chisement of an unknown number of Senator ROBB has worked hard on the saving of many American lives. voters whose ballots reveal their in- military readiness, quality of life, and And, he passed legislation to prohibit tent—and are therefore legal votes modernization. He sponsored the tar- anyone convicted of domestic violence under state law—but were for some geted recruiting and retention bonuses from owning a gun. reason rejected by ballot-counting ma- Congress enacted last year for critical Senator LAUTENBERG, also led efforts chines.’’ skills where they would have the most in the Senate culminating in passage of The closing words of Justice Stevens, payoff for the military. He was a leader the transportation bill and as the I believe, will go down in history as the in providing promised health care ben- Ranking Member of the Appropriations thoughts of a great Supreme Court jus- efits to military retirees. He has Committee’s Transportation Sub- tice: worked hard to get the Navy to develop committee, he has fought many battles Although we may never know with com- a long term plan to fund enough ships for sound investment in the nation’s plete certainty the identity of the winner of to maintain the Navy we need for the

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26628 CONGRESSIONAL RECORD—SENATE December 14, 2000 future, and on securing additional only funding those military construc- uality, all derive in some measure from funds to keep the ships we have today tion projects that have the highest pri- memory. The Greeks, as usual, got it right. ready. And he has been a leading pro- ority in the military’s plans, even Certainly by the time of Hesiod around 700 B.C. with that instinct for clarification that ponent of making our defense budget as though that required him sometimes to distinguishes them, the Greeks had drawn up efficient as possible and has pushed the say ‘‘no’’ to his colleagues. the family tree of Memory. Mnemosyne, Defense Department to rigorously ex- I shall miss CHUCK ROBB more than Memory, was the wife of Zeus and the moth- amine both their strategy and their or- these words will be able to express. He er of the Muses—Poetry, Literature, Music, ganization. has personally inspired and supported Dance, Tragedy, Comedy etc. all nine of CHUCK ROBB has devoted enormous me as ranking member on the Senate them, which of course, makes Memory the time and energy to America’s national Armed Services Committee. He’s the mother of Culture. Being the wife of Zeus security. He is the only Senator ever to kind of man you entrust your children also made her respectable, an Olympian god- dess. But her origins go further back beyond serve on the Armed Services, Intel- to, or in combat would want to be in a the Olympians, to her brother Kronos, the ligence, and Foreign Relations Com- fox hole with. chief of the disreputable Titans, whose very mittees simultaneously. On countless The Senate and the Nation have ben- shady origins lie somewhere among the very occasions we have benefitted from hav- efitted from the example of public serv- unGreek Hittites of Asia Minor. Her father ing his voice of reason and experience ice he has set. He now has the chance was Uranos (Heaven) and her mother was at the table. to spend more time with his truly re- Gaia (Earth) and further back than that no CHUCK ROBB has never forgotten markable wife Lynda and their beloved one can go. It was the Greek way of saying America’s POWs and MIAs and their what today’s scientists say that Memory de- children. We know how much that will rives from the neural connections that pass families. Both as a member of the mean to him as he takes on the next from the primitive limbic area to the hippo- Armed Services Committee and the Se- challenge in his remarkable career of campus via the amygdala. They use Greek lect Committee on POW/MIA affairs, he public service. words, but the Greeks said the same thing more simply and much more picturesquely. has devoted himself to a full account- f ing for our soldiers who are still miss- Memory for them went back to the Earth ing in action. ADDITIONAL STATEMENTS Mother and was the womb of Culture. It is the original collector and transmitter of ex- While Senator ROBB is best known as perience. Before writing culture depended on a champion of a strong national de- MEMORY tremendous memories. We know of the Bards fense, he has been much more than who traveled from village to village rewrit- that. During his Senate career he has ∑ Mr. HATCH. Mr. President, as the ing those tales of valor or of wondrous worked hard to make America stronger Roman statesman, Cicero said ‘‘Mem- events, which became the Iliad and the Odys- in every way. Senator ROBB has de- ory is the treasury and guardian of all sey. Milman Parry, the American scholar, voted himself to making the United things.’’ I believe we as humans often threw light on this when in the Thirties he States a more productive nation and, take our ability to remember for grant- discovered the practice still alive in the Bal- ed. Throughout the past century, we kans among the Serbian Muslims. Memory is more importantly, a more just nation. still the backbone of tradition among the In- Both as Governor and as a Senator, have been blessed with many scientific dian Brahmins who memorize tens of thou- CHUCK ROBB has been a strong voice for innovations and discoveries. Large sands of lines of the Bhagavad Gita or the protecting the environment, for civil strides have been made in the medical Ramayana, or of rabbis who memorize the rights, for improving education for area that have helped to improve the Torah. both students and teachers, and for quality of life for all the people of the Memory was Queen until Writing was in- putting new technology to work for our world. Memory is an essential function vented. Again the Greeks with uncanny pre- of our human experience. The loss of cision traced writing back to Egypt, though students, our military, and our nation. the Chaldeans of Ur anticipated the Egyp- CHUCK ROBB has been a leader in memory is certainly a tragedy. Thank- tians in making scratches on baked tablets. fighting discrimination against African fully, there are those who are con- Plato in the person of Socrates tells how American farmers, in expanding oppor- ducting research who endeavor to un- Thoth, the Egyptian god who invented writ- tunities for women and minorities at derstand the memory process and seek ing, was reproached by Thamus, the king of both the federal and state government to solve memory disorders and loss. Egypt, ‘‘This discovery of yours will create levels, and in honoring courageous civil For instance, last year Congress appro- forgetfulness in the learners’ souls, because priated $17.7 billion to the National In- they will not use their memories; they will rights leaders including Martin Luther trust to the external written characters and King, Jr. stitutes of Health to fund scientific re- not remember of themselves . . . They will He is also renowned for his steadfast search. A portion of that funding is be tiresome company, having the show of devotion to fiscal discipline. CHUCK used for studies working to gain a bet- wisdom without the reality.’’ ROBB has never been afraid to cast an ter understanding of memory. So fast forward to our own day. The writ- unpopular vote to restrain spending or I have recently read an essay entitled ten or printed word has taken the place of reject unwise or unaffordable tax cuts. ‘‘Musings on Memory’’ by Dr. Morris memory for a majority of our needs. The computer has added a further layer of incom- Senator ROBB was steadfast in his be- Martin and was intrigued by the au- petence to our thinking. ‘‘It’s on the net, I lief that we have an obligation to pay thor’s insights on memory. This essay don’t have to remember it.’’ That is the for the programs we enact rather than was read before the Literary Club of mantra today of too often. It was the written passing the costs on to our children. I Tucson, Arizona, on November 20, 2000. word that started mankind on the downward hope he will take pride in he role he Dr. Martin is a professor of history, slope to Lethe or Forgetfulness played during his twelve years in the having taught at Princeton University. PERSONAL MEMORY; ITS LENGTH AND VALIDITY Senate in turning record deficits into a He received his degrees from Oxford in In terms of personal historical memory, record surplus. England. His essay explores the many how far back can we moderns remember? We He displayed that same political aspects of memory and the importance all have examples of this on which you might courage on the Armed Services Com- it has played throughout the history of ponder. For instance my father on his 90th birthday in 1962 gathered his four sons and mittee. Representing a state with nu- the world. I would like to share his wis- their wives around him in his much-loved merous military installations, Senator dom with my colleagues in the Senate garden in Kent and reminisced about his fa- ROBB has nevertheless joined with Sen- and ask that the article be printed in ther and grandfather. We were transported ator MCCAIN and me in our efforts to the RECORD. back to the Battle of Waterloo in 1815, the allow the Defense Department to close The article follows. funeral of the Duke of Wellington in 1851, tales of London life and family anecdotes excess military bases, because he MUSINGS ON MEMORY knows it is the sensible thing to do. In which would have perished with him a few (By Morris Marton) years later, but for Cadmus’s invention and his four years as the Ranking Minority Elephants, they say, never forget, and my wife’s shorthand. Those memories are Member on the Readiness Sub- maybe amoebas remember in some amoebic now recorded and can be passed on to future committee he has also been a strong fashion. But that, is beyond my scope. generations. How far back can such memo- advocate of our committee’s policy of Human history, personality, our rich individ- ries go? I remember meeting a delightful old

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26629 lady in the Forties who told me proudly that Judges know the unreliability of witnesses to remember, but I cannot forget things I as a baby she had been held in the arms of to the same event. Each sees something; no wish to forget.’’ William James, in more President Lincoln. Search your own minds one sees everything. Time edits memory to modern times said, ‘‘In the practical use of for the earliest event, which you can remem- fit bias. Selected past memories shape our our intellect, forgetting is as important a ber in this way, personally or anecdotally. present thought and behavior. The genera- function as remembering.’’ And remember that Roy Drachman lunched tion of the Depression of the Thirties switch- HOW TO IMPROVE MEMORY with Wyatt Earp! es off electric lights, keeps its credit cards in For those of us with lesser capacity, there However, I think I can cap anything you balance, thinks waste is wicked—I can hear have been throughout history methods of may come up with. In February of this year my mother saying it—spends cautiously and strengthening and supporting memory. My- 2000 the London Times recorded the fol- generally disapproves of the openhanded ex- self when young, and probably all of us, lowing. It described a man now living who as penditure of today. And believes it the one learnt our multiplication tables by rote. I a child made a disparaging remark about true way of life, so strong is the imprinted was also introduced to English history by Oliver Cromwell. A lady present said firmly, record of the past on memory and behavior. ‘‘Never speak ill of that great man. My hus- memorizing the Kings and Queens of England When historians turned from personal in a rhyme: band’s first wife’s first husband knew Oliver memory to contemporary written records Cromwell and liked him well.’’ At the dawn they felt they moved a large step nearer to ‘‘William the Conqueror from Normandy of this new century someone living today authenticity. I spent much time examining came, can recall a single matrimonial generation Greek inscriptions, gravestones, temple fi- His son William Rufus while hunting was linked directly with the mid-17th century. nancial records on almost illegible pieces of slain, How can that be? The remark was made in marble, with the feeling that I was in touch Henry the First was for wisdom renowned, 1923 by a lady born in 1832. At the age of 16 with historical facts. But I found they also Stephen instead of Matilda was crowned (i.e. in 1848) she had married an 80-year old needed a lot of interpretation! In this con- *** man named Henry. Sixty-four years earlier nection and to show what original and un- The Magna Charta was signed by John, in 1784 young Henry had married for reasons usual truths we learn from ancient records, Which Henry the Second put his seal upon which remain obscure, an 82-year old woman. may I recall, as I remember it, the earliest etc. etc. Her first marriage, in 1720 was to an 80-year- Egyptian papyrus. It is said to read ‘‘The You I trust were brought up on old who had served Cromwell before his times are very evil. Children no longer obey ‘‘In 14 hundred and 92 death in 1658. We have a memory going back their parents. And the price of wheat is out- Columbus sailed the ocean blue * * *. 342 years from the present day. It should be rageous.’’ Plus ca change, plus c’est la meme a warning to us not to disregard oral tradi- I learnt my Greek irregular verbs by recit- chose! tions, which can stretch over what appear to ing them in chorus with all the rest of the be impossibly long generations. MEMORY AND THE SENSES class at my London school. Saturday morn- ings (we went to school on Saturdays in GROUP MEMORY On the personal level the senses are often those good old days) we were called on to re- Communal or tribal memories can be even the emotional adhesive that enables us to re- tain past events in our consciousness. Our cite a piece of great verse which we had longer. Our common law reflects a time learnt the previous night and declaim it in when memory was the official legal linkage first paycheck. Our first baby. I remember my first girl friend, though I cannot recall the almost empty Great Hall to our class of the centuries. Blackstone in his Com- mates. It was a valuable lesson and I have mentaries dealing with land tenure says that our first kiss. Whenever I hear Bach’s Mass in B Minor I experience again the shiver of portions of it still tucked away on the dusty some claims can go post hominum memo- shelves of my memory. riam. Or ‘‘Time whereof the memory of man excitement that was mine when I first heard the Sanctus in the old Queen’s Hall in Lon- Learning by rote has fallen out of favor as runneth not to the contrary.’’ Tribal memo- a pedagogic tool in our sophisticated West, ries run very deep. They became tradition. don. ‘‘Music when soft voices die, Vibrates in the memory’’, says Shelley. ‘‘Odours, when but not everywhere in the world. On the is- Then they can illuminate or bedevil the land of Lamu off the coast of Kenya, I heard present. They can make Fourth of July pic- sweet violets sicken. Live within the sense they quicken.’’ The smell of fresh bread re- a murmur of voices coming from a building nics or they can raise the Confederate Flag. and looked in to find a school of very young Irish Protestants refight the Battle of the calls the French-Swiss bakery where I bought our breakfast ‘‘brotchen’’ when I was boys chanting passages from the Koran, Boyne of 1690 each marching season to the which they had had to memorize. Memories dismay of those who would build a new fu- living in Bern. The smell of garbage brings of Greek verbs came back and I wished them ture for Ireland. Serbs fight for Kosovo, re- back a picture of the vast dump outside New York City as I passed it frequently on the well. calling the battle in 1389 which was actually In my youth I remember a card game Turnpike driving in from Princeton. In the a defeat but which has been transformed into called ‘‘Pelmanism’’ which by memorizing intricate mechanism of memory all the a victory in national memory. Sixhundred and reidentifying like cards with like was senses play their part as glue and as signals years later this memory gave the emotional said to be highly effective. Association of the surge to the Serbian claim to the Province of of familiarity. You will supply examples less familiar with the more familiar is a Kosovo which involved twenty nations in from your own experience. method we all use. Politicians have their contesting it. Sentiment in the heart often PHOTOGRAPHIC MEMORY tricks for remembering names and winning transforms memory in the head. This year Have you ever met anyone with a really votes. Cicero for the very practical purpose the British celebrated the 60th anniversary photographic memory? Thomas Babington of being a public orator considered Memory of the ‘‘Miracle of Dunkirk’’ while the Lord Macaulay, the Victorian historian, was one of the five parts of rhetoric, which was French looked on with a jaundiced eye, as said to be able to read a page of print and to his profession. He embellished the ‘‘architec- being in their memory the betrayed of recall it perfectly from one reading. Saint tural’’ art of memory invented by France by a retreating ally. Now let us turn to the relation of Memory Augustine writes with admiration of a friend Quintillian. Think of a large building with to the writing of History. who could recite the whole text of Virgil— many rooms. Take each point of your speech History and historical writing begin as backwards! Not a very enlightening party and connect it with an object—a spear, an Memory plus editorial slant. The good histo- trick. There is a recent example in the story anchor, a picture—and put each mentally in rian will do his best to be aware of his bias. of The Professor and the Madman. You re- a different room. Then as you speak, men- Herodotus is known as a father of History member Sir James Murray, the first editor tally walk from room to room, the object since he collected the stories told him by all and father of the Oxford English Dictionary you have placed in each will recall the next and sundry, but often added a skeptical com- had a brilliant reader who supplied him with point of your speech. This system, refined, is ment or two here and there to the effect ‘‘I examples of literary usage. It was years be- still in use in training memory. We all create find this hard to believe.’’ Thucydides was fore they met. Only then did Sir James find mental pegs upon which to hang data. B.F. the first scientific historian to evaluate that the reader was confined to a mental Skinner, the psychologist, as a very old man memory. He wrote, ‘‘I have described noth- Hospital as a hopeless schizophrenic but with did this not metaphorically but literally. He ing but what I either saw myself, or learned a remarkable almost photographic memory. would listen to the weather forecast on the from others of whom I made the most careful Such ability may well be a disadvantage. radio and should it be for rain, he would im- and particular inquiry. The task was a labo- The capacity to forget is almost as impor- mediately rise and hang his umbrella on the rious one as eyewitnesses gave different ac- tant as to remember. Otherwise we would be door handle. The older we get, the more we counts of the same occurrence, as they re- cluttered with useless facts and unable to need such association. I find I frequently go membered or were interested in the actions distinguish significant from worthless. through several steps of association to recall of one side or another.’’ Many centuries later Simonides offered to teach the statesman names. I can forget John Schafer’s name but the German historian Ranke decided to write Themistocles the art of Memory, Themis- as he approaches, I look in the memory box history ‘‘wie es eigentlich geschah.’’ (As it tocles refused, ‘‘Teach me not the art of re- named ‘‘University’’. Smaller box labeled actually happened). It turned out to have a membering but the art of forgetting’’ was his ‘‘President.’’ I mentally take out Koffler, No, very Prussian tinge. reply. ‘‘For I remember things I do not wish Harvil, No, Pacheco, No, Likens, No.’’ There

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26630 CONGRESSIONAL RECORD—SENATE December 14, 2000 is only one name left in the box. Of course is to be the brain wave that normal people tric Board of Directors, the South Da- that process, accompanied by a blank look call ‘‘Love’’. Our world is convinced that kota Corn Utilization Council Board of which changes to recognition, used to be when we know the ‘‘how’’ of our psyche, we Directors, and the Union County Pork completed in an invisible flash. Now it takes shall know the ‘‘what’’ and the ‘‘why’’. I am two, three or four flashes. Bear with me. not convinced. I hope and trust that should Producers. He also served in as a rep- Nowadays, of course, a pill is recommended the day come when we understand all mecha- resentative in South Dakota Legisla- for strengthening the memory. I received a nisms, measure all wave-lengths, and plot all ture from 1987–1993. pharmaceutical suggestion of this sort this emotional outcomes, we as individuals will Moreover, Mike, his wife Janelle, and week, extensively illustrated and expen- still be the masters that issue the commands sively produced. I am skeptical of its po- that set in motion the neurological synapses their family have devoted their lives to tency. which capture memory, enlighten meaning production agriculture, operating a di- versified grain and livestock farm for MEMORY AND THE FUTURE and in general make life human. May we continue to remember as much as is nec- over 30 years near Alcester, South Da- Memory we naturally assume deals only essary of what we need to remember and for- with the past. Lewis Carroll’s White Queen kota. get that which is forgettable, and be kind to in Alice in Wonderland felt this was a very those whose advancing years rob them, from Mike has been a valuable resource for limited idea. ‘‘There’s one great advantage time to time of your name, and even of their me and a determined advocate of fam- to living backwards, one’s memory works own. ily farmers as we developed and imple- both ways,’’ she remarks. And may music still vibrate in the memory ‘‘I’m sure mine only works one way,’’ says mented farm programs. He is con- and William the Conqueror still come from Alice. ‘‘I can’t remember things before they stantly trying to improve the delivery Normandy and Columbus in 1492 still sail the happen.’’ system with the interests of family ocean blue, and Greek verbs still be memo- ‘‘It’s a poor sort of memory that only rable and may computers fail to find out how farmers close to his heart, always works backwards,’’ the Queen remarked. to be masters of our consciousness. searching for ways to implement pro- ‘‘What sort of things do you remember We have had a pleasant half-hour wan- grams that are fair and equitable to best’’, asked Alice. dering, somewhat disjointedly, through the all. Mike exhibits the courage to take ‘‘Oh, things that happened the week after groves of Memory. Let me close with a poem next,’’ said the Queen. on the status quo, and demonstrates a on the subject by a neglected Twentieth cen- Here, of course, Lewis Carroll is playing will to ensure integrity in program de- tury poet. It is appropriately called ‘‘Mem- with the concept of Time, as in ‘‘Jam yester- livery for agricultural producers. ory.’’ day, jam tomorrow, but never jam today.’’ Wind, west wind, of an evening Mike has guided innumerable dis- But there is something, which we might aster and assistance programs from the describe as a form of memory of the future. Whispering through the tall trees, We call it imagination, which projects past Tell me tales I used to hear told federal level to local disbursement in data instead of merely collecting and orga- By the vagabond Sussex breeze, South Dakota. He and his top-notch nizing it as does the memory. Lifting the layers of silence, staff have been asked to implement Art draws on both imagination and mem- And letting them softly lie, these ad hoc disaster programs in addi- ory. Think of the combination of memorizing Passing into the stillness that comes tion to the day-to-day administrative and recreating a great play that goes into an When whispers softly die. And I’ll see the woods where we wandered requirements of current farm and con- actor’s performance. Daniel Barenboim at servation programs. From marketing the age of seven began to memorize all Mo- And wake with a lonely heart zart’s works. At eighteen he had mastered As the wind of memory passes through loans and loan deficiency payments to the whole corpus. Constant practice fixes the The tall trees of my heart. production flexibility contract pay- memory in the muscles. A wellknown pianist f ments and market loss payments, to was suddenly called on to play a certain con- loan and conservation programs, to certo. He declined saying, ‘‘I have it in my RECOGNIZING MICHAEL O’CONNOR crop loss disaster payments, Mike has head, but not yet in my fingers.’’ When it is ∑ Mr. JOHNSON. Mr. President, I rise seen it all. He has worked with his in the fingers there is no effort to remember; today to commend an individual who statewide staff to administer these pro- the music can be fully endowed with the feel- ing the artist desires. has provided immeasurable service to grams and distribute payments in an Shakespeare asked the question ‘‘Tell me the family farmers and ranchers in my effective, timely fashion to South Da- where is fancy bred? Or in the heart or in the home state of South Dakota over the kota farmers. In this last fiscal year head? How begot? How nourished? Reply. past eight years. Mr. Michael O’Connor alone, the South Dakota FSA, under Reply’’ He replied ‘‘It is engendered in the has been the South Dakota State Exec- Mike’s direction, has delivered over eyes.’’ He did not say ‘‘In the hippocampus or utive Director for the Farm Service $750 million to farm program partici- the amygdala?’’ The mystery of artistic Agency, FSA, of United States Depart- pants in South Dakota. Mere words imagination and its relation to memory still ment of Agriculture, USDA. He was resists a mechanistic interpretation. cannot describe everything that Mike originally named the South Dakota has done to serve the farmers and THE FUTURE OF MEMORY State Executive Director of the Agri- ranchers in South Dakota through such As far as information goes, so the experts cultural Stabilization and Conserva- an awful period of economic distress. inform me, before long we shall all be able to tion Service of USDA by President have the Encyclopedia on a chip along with Mike is as respected in Washington, the corpus of English literature, all the Clinton in 1993. His current responsibil- D.C. as he is in South Dakota, and his mathematical formulae required to do ad- ities include supervising activity in 60 working knowledge of the intricacies vanced physics and all the telephone num- county FSA field offices across the of farm bill will be missed. bers in the world. Anything you want can be state. Therefore, it is with a sense of pride provided on a chip. All you have to do is As this Administration draws to a and yet, regret, that I wish Mike well click on and scroll down. Since the amount close, we sadly must say goodbye to in his future endeavors. of information is limited only by the capac- some experienced, tireless, and tal- ity of the chip—which I am told, will in- ented people who have dedicated their Mr. President, I thank you and wish crease a thousandfold or more in the next six Mike, Janelle, and their family success months—it is likely it can be carried in a professional careers to public service. wristwatch slightly smaller than a Rolex, or, Mike is one of those public servants, in their future plans. I know that we in time, implanted in the hippocampus or and so on behalf of the citizens of will continue to work together, as the amygdala or any vacant spot in the South Dakota, it is my honor to ex- Mike will continue to provide a re- brain. And Memory will have become a press our sincere gratitude to Mike spected opinion that I will seek out vermiform appendix to the computer. I do O’Connor for his countless contribu- during the upcoming Congressional not look forward to that day. Princeton, I tions and achievements. farm bill debate. On behalf of the peo- am distressed to learn has just spent two Throughout his career Mike has ag- ple of South Dakota, I want to thank million dollars on an MRI which they have enthroned in a new Center for the Study of gressively served the agricultural com- Mike for being a true public servant Brain, Mind and Behavior allied, alas, to the munity in South Dakota through posi- who has helped improve the quality of Department of Humanities. The first area of tions of leadership in the South Dakota life for farmers and ranchers all across research, according to the New York Times, Farmers Union, the Clay-Union Elec- South Dakota.∑

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26631 A TRIBUTE TO DANIEL GREELEY ative, and a leader in every sense of the the cabin owners and local sportsmen, III word. Brian helped me create a novel ar- ∑ Mr. SMITH of New Hampshire. Mr. Wallace Stegner defined himself as a rangement that was supported by ev- President, I rise today to pay tribute citizen of the West. Brian fits that eryone involved. to Daniel Greeley III, of Peterborough, mold. Brian came to me from Bozeman, These are just a few illustrations of New Hampshire. A Navy Petty Officer Montana. He attended law school in the many significant contributions 3rd Class Division who was serving on Colorado and has family roots in Utah Brian Kuehl has made to me and to the the U.S.S. Cole when it was attacked and throughout the northwest. His wife people of Montana. I thank Brian for on October 12th, 2000. Daniel is in his is a fifth generation Wyoming native those contributions. I thank him for serving as role model for the younger 1st year of a six-year enlistment, after and daughter of former Governor Mike staff in my office. I thank him for his having served three years in the United Sullivan. In fact, they are moving to Sheridan, Wyoming, where they will service as a key advisor to me. States Coast Guard. Albert Einstein once said, ‘‘Try not Daniel was one of the engine room soon have their first child. to become a man of success, but rather mechanics on shift when the attack As a citizen of the West, Brian has try to become a man of value.’’ Well, happened. Even though he was on the chosen to tackle those issues that most Brian has demonstrated both success other side of the ship, the blast waves often divide westerners—natural re- and value over the past four years. I hit him hard. He suffered cuts and sources, energy, and the environment. wish the best for Brian, his wife bruises, but nothing nearly as serious Time and again, his ability to bring Michelle, and their soon to be born as his friends and shipmates. Four of people together has demonstrated that child.∑ Daniel Greeley’s closest friends were the West need not be divided on these killed by the blast. Even after the blast issues—that we can and must work to- f had left a hole measuring 40 feet wide, gether if we are to build a sustainable RECOGNITION OF THE 100TH ANNI- and 40 feet high, Daniel as well as the region with a society as inspiring as VERSARY OF COMMUNITY BANK our landscape. other sailors of the U.S.S Cole pushed ∑ Mr. SANTORUM. Mr. President, I Let me mention a few examples of on. stand here today to recognize an insti- the significant solutions that Brian has After the blast, the sailors worked tution that has remained a staple in helped forge over the last four years. frantically to keep the ship afloat until Carmichaels and the Southwestern When Brian joined me in the spring it could be brought to safety. As one of Corner of the Commonwealth of Penn- of 1997, he had just helped broker a the engine room mechanics, Daniel was sylvania for the past one hundred compromise among the White House, forced to push on through the crisis to years. Community Bank, N.A. has per- regional conservation organizations, keep generators running and the boat severed through recessions, depres- and a large mining company, Battle from going under. He had the lives of sions, World Wars, other failed finan- Mountain Gold, that would conserve an more than 200 sailors depending on his cial institutions, bank foreclosures, area next to Cooke City, Montana, skills as an engine room mechanic. market chaos, and mergers and acqui- Daniel persevered well through the right on the doorstep of Yellowstone sitions without ever having to close its night and into the early morning, fac- National Park. The proposed New doors. Community Bank, N.A. remains ing adversity head on and pushing World gold mine had been immensely a consistent financial force to its com- through. controversial, with the project ex- munity by providing sound, uninter- Daniel’s actions and bravery speak pected to generate millions of tons of rupted service to its customers for one volumes of his character. Not only has acidic mine waste. Across the West, hundred years. I would like to warmly he elected to serve our country, but controversies such as this usually drag congratulate this financial institution has done so in a noble manner. He is a on endlessly, dividing communities and for its solid judgement and thoughtful true inspiration to the people of New draining resources. service to the people of Southwestern Hampshire. He can hold his head high, Brian had worked closely with all the Pennsylvania. Community Bank is not knowing he has done his wife Mary, actors while he was in the non-profit only a reliable bank, but is a friendly and 14-month-old daughter Angelina sector. His first task in my office was neighbor and has truly contributed to proud. As Daniel continues his service, to help secure approval of this agree- the history and hometown atmosphere I wish him continued success. He will ment in the Congress. In the end, Con- of Carmichaels and other communities begin his ACNR schooling in January, gress funded the public commitment in which the bank serves. an undoubtedly will continue to serve and also agreed to invest funds to reha- When The First National Bank of his country with honor and grace. As a bilitate the Going-to-the-Sun Road to Carmichaels opened its doors for busi- fellow sailor, I salute Daniel Greeley compensate local communities for lost ness on July 1, 1901, Frank Mitchener III. It is an honor to represent him in economic opportunities. was elected president of the Board of the United States Senate.∑ What a great start to Brian’s tenure Directors, and J. Ewing Baily was its here. f first vice president. Stephen A. Burtner In 1997 and 1998, Brian helped me pass served as treasurer and the remainder TRIBUTE TO BRIAN KUEHL legislation to complete the final phase of the original board was comprised of ∑ Mr. BAUCUS. Mr. President, I rise of the Gallatin II Land Exchange—one Samuel Bunting, Isaac B. Patterson, today to bid farewell to a key member of the most complex and multifaceted George W. Strawn, N.H. Biddle and of my staff, Brian Kuehl. I will deeply land exchanges ever completed by the Oscar Hartley. Mr. Dowlin drove a miss Brian, both professionally and Forest Service. Brian worked tirelessly buckboard to the Farmer’s and Drovers personally. with all of the interests in this ex- Bank in Waynesburg to get the cash for Brian has worked for me for four change—sportsmen, conservationists, opening day. Forty-one original stock- years, most recently as my Legislative the snowmobile community, the timber holders combined to give the bank a Director, and before that as Acting industry, local ranchers, and local capital stock of $25,000. Chief of Staff and as a senior Legisla- homeowners. Ultimately, the Gallatin Richard L. Baily, kin of one of the tive Assistant. He gave his heart and II Land Exchange became law. We se- original founders, and former bank soul to me, to his colleagues, and, most cured a tremendous resource for our president and Chairman of the Board importantly, to the people of Montana. children and grandchildren. And every for over 70 years, is known in South- During this time, he has proven him- interest concerned supported the com- western Pennsylvania for his selfless self to be a consensus builder—a tire- promises that Brian helped forge. service to the communities in which less professional who brings together In 1998, Brian helped me with legisla- the bank serves. Baily tells the story of people with diverse points of view and tion on another series of land ex- a lady who once came to the bank to who solves problems in innovative changes near Helena, Montana, at the borrow money to buy shoes so her chil- ways. He is fair-minded, balanced, cre- Canyon Ferry Reservoir. Working with dren could go to school. Her husband

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26632 CONGRESSIONAL RECORD—SENATE December 14, 2000 was unemployed and they lived in a IN RECOGNITION OF CAROLE RECOGNIZING DALLAS TONSAGER rented house, but she had heard the ANDERSON GRAVES ∑ Mr. JOHNSON. Mr. President, I rise bank loaned money for worthwhile ∑ Mr. TORRICELLI. Mr. President, I today to recognize Dallas Tonsager for causes. ‘‘I didn’t think I needed to re- rise today to recognize Carole Ander- his years of extraordinary public serv- view her assets, and I’m sure she would son Graves, as she is honored by the ice as South Dakota’s State Director of not [have understood] the term, collat- Beta Alpha Omega Chapter of Alpha the United States Department of Agri- eral,’’ Baily said. He loaned her the Kappa Alpha Sorority in cooperation culture’s, USDA, Rural Development, money, and the woman, like most with the New Jersey Performing Arts RD, office. Dallas has been a tireless other townsfolk, has remained loyal to Center during the 3rd Annual Kwanza advocate on behalf of rural commu- the hometown bank that has been loyal Festival honoring the community el- nities and area residents. His commit- to them, in good economic times and ders of Newark, New Jersey. ment and dedication to ensure the bad. The tradition of local loyalty and Our cities and towns are constantly long-term viability of rural commu- service continued through Charles R. in need of individuals willing to give of nities will continue to cultivate oppor- Baily (son of Richard) whom also for- themselves for the benefit of the com- tunities for rural growth and pros- merly served as a director and chair- munity at-large. The individuals who perity for many years to come. Dallas man of the bank’s board. ‘‘Community fulfill this need are the volunteers and has earned the respect and friendship bank is a local landmark that provides the public servants who improve the of those who know him in South Da- financial direction and services to our world around us in ways that often go kota, Washington, D.C. and around the community friends and neighbors. unseen. It therefore fitting that from country. On behalf of the citizens of Hometown commitment has been our time to time we take a moment to rec- South Dakota, it is my honor to ex- bank’s pledge for the past 100 years, ognize their efforts. press our sincere gratitude to Dallas and that’s what it will continue to be,’’ Carole Anderson Graves has an ex- Tonsager for his countless contribu- says Community Bank Chairman/CEO tensive record of service to the Newark tions and achievements. Ralph J. Sommers, Jr. community. Since 1995, she has served In 1993, President Clinton asked Dal- Known as Community Bank, N.A. as the Essex County Register of Deeds las to bring his talent, integrity, inge- since September 1987 (a change in name and Mortgages. In that capacity, Mrs. nuity, and initiative to federal service only to better reflect its larger com- Graves has overseen the recording, fil- to help the Administration address the munity growth), the locally-owned and ing and preserving of all property concerns of Rural America. Dallas ac- operated financial institution has had transactions within the 22 municipali- cepted the challenge and was appointed a consistent growth in assets, staff, ge- ties of Essex County. director of the former South Dakota ographic market area, and the numbers Mrs. Graves also has given great deal Farmers Home Administration by of civic and community organizations to the furtherance of education in the President Clinton. Currently he over- to which it has contributed. Newark area. For nine years, Mrs. sees approximately 80 employees across Graves was employed as a Special Edu- Today, Community Bank, N.A. has the state in several Rural Development cation teacher at the Dayton Street offices. Prior to his USDA service, Dal- some $220 million in assets, is publicly School and spent twenty-seven years as traded as CMYC, boasts 10 branches in las was a two-term South Dakota the full-time President of the Newark Farmers Union President, first elected Greene and Washington Counties, em- Teachers Union. She is also an adjunct ploys about 100 people in satisfying in 1987. Dallas, his wife Sharon, and professor/lecturer of Labor Relations at their family continue to actively par- jobs, and contributes thousands of dol- Essex County Community College and lars and many people-hours to scores of ticipate in a diversified family farm Rutgers Institute of Labor and Man- partnership near Oldham, South Da- local civic, charitable, and philan- agement Relations. thropic organizations. kota. It is clear that from his roots on The city of Newark has been truly the family farm, to his service for The bank’s growth is largely attrib- fortunate to have someone of the tal- South Dakota Farmers Union and uted to sound management practices, ents and dedication of Mrs. Graves USDA, Dallas has always had the per- investments in technology, and com- within the community. It is an honor spective of the hard working, rural, munity commitment at every level. to be able to recognize her on this spe- South Dakota citizen close to his Local deposits remain in the commu- cial occasion.∑ heart. Indeed, he is respected by his nities the bank serves in an effort to colleagues across the country and was better improve the economic vibrancy f presented with the ‘‘Hammer Award,’’ of local businesses and the quality of by Vice-President GORE in 1995. In 1999, life of residents. Unquestionably, the IN MEMORY OF GREGORY W. Dallas was recognized as one of two bank’s most valuable assets—its cus- MOYER Outstanding Rural Development State tomers, employees, and shareholders— ∑ Mr. JEFFORDS. Mr. President, I rise Directors in the entire nation by USDA collectively play an integral role in the today to pay tribute to the life of a Rural Development Under Secretary prosperity of the bank and the commu- young man who passed away unexpect- Jill Long Thompson. nities it serves. The pioneering spirit of edly on Saturday, December 2, 2000. Rural Development takes a com- that first group of founders in Gregory W. Moyer was the nephew of prehensive approach towards economic Carmichaels continues in those who my friend and former staffer Pat development in rural areas, offering have followed, with unparalleled cus- Morrissey. Greg was a 15-year-old bas- loans, grants, and other resources to tomer service and a community com- ketball player, honor student, and rural citizens, communities, and Indian mitment of an incalculable life expect- community volunteer from Shawnee- reservations. Dallas truly served as a ancy. on-Delaware, Pennsylvania. He col- partner in helping the people of rural From this amount of information, lapsed during a high school basketball South Dakota develop sustainable com- you can see what a huge role that Com- game, victim of an undetected heart munities. He and his RD staff targeted munity Bank has played in the estab- defect. At six-foot-three-inches and 220 financial and technical resources to lishment of the economy and history in pounds, his classmates knew him as a areas of great need throughout the Greene and Washington Counties. They ‘‘gentle giant.’’ Greg’s Aunt Patricia state in order to improve the quality of are not just a financial institution, but says that, ‘‘He could read hearts, young life. In his Rural Development tenure, a reliable and friendly staple to the and old alike. He knew what was im- Dallas has overseen the distribution of people of the area. I enthusiastically portant.’’ over $578 million in grants, loans and ask my colleagues to join me in com- Pat, please know that our thoughts loan guarantees over the past six years mending Community Bank as they cel- and prayers are with you and your fam- in South Dakota. As such, the South ebrate their Centennial.∑ ily.∑ Dakota RD office has been a central

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26633 figure in the creation of many success- doors and indoors visitors. For individ- out of applicable accounts of the ful economic development projects in uals who enjoy the outdoors, it offers House. our state. year-round hiking, mountain biking, That the Clerk communicate these For instance, the South Dakota skiing, golfing and other activities. For resolutions to the Senate and transmit Rural Development office was respon- the indoors visitors it offers a variety a copy thereof to the family of the de- sible for helping to create one of the of unique shops, restaurants, and muse- ceased. first Enterprise Communities in the ums. That when the House adjourns today, country—the Beadle and Spink Enter- Cloudcroft is not commonly known it adjourn as a further mark of respect prise Community, BASEC. Addition- for its glitzy ski resorts like other cit- to the memory of the deceased. ally, RD assisted in developing the ies in New Mexico but rather as a per- ENROLLED BILL SIGNED very first American Indian Empower- fect location for families learning the Under authority of the order of the ment Zone in the United States at the ropes. It offers a number of great inns Senate of January 6, 1999, the Sec- Pine Ridge Indian Reservation. Under and the distinction of having no stop- retary of the Senate, on December 13, the leadership of Dallas, Rural Devel- lights. A great place for families to 2000, during the recess of the Senate, opment helped establish the South Da- take their vacations. Children can play received a message from the House of kota Value Added Agriculture Develop- outside and adults can enjoy the quiet- Representatives announcing that the ment Center , which now creates oppor- ness of the village. Speaker has signed the following en- tunities for farmers and ranchers to Cloudcroft offers several festive rolled joint resolution: events such as the New Year’s Eve add value to the raw commodities pro- H.J. Res. 129. Joint resolution making fur- duced on their operations, and capture Torchlight Parade down the Cloudcroft ther continuing appropriations for the fiscal the profits from these value-added mountain, caroling in the Clouds and year 2001, and for other purposes. products. Dallas is one of South Dako- Currier & Ives Candelit Christmas in Under the authority of the orders of ta’s leading advocates of farmer-owned December, or the full-moon ice-skating the Senate of December 11, 2000, the en- value-added cooperatives in South Da- in February. rolled joint resolution was signed sub- When visiting Cloudcroft, one must kota. sequently by the Acting President pro Through the Rural Housing Service, not miss the opportunity to go sledding tempore (Mr. FITZGERALD). South Dakota Rural Development has on the dunes of White Sands National disbursed $320 million since 1995, which Monument or visit the Sunspot Na- f has benefitted nearly 6,000 families in tional Solar Observatory. No matter EXECUTIVE AND OTHER our state. Moreover, RD has distrib- what your preference, Cloudcroft has COMMUNICATIONS an activity for you. uted $173 million in funding under the The following communications were Many of us share a passion for travel, Rural Business Cooperative Service laid before the Senate, together with but often times finding a good location program, which has saved 2,001 and cre- accompanying papers, reports, and doc- is not always easy. However, ated another 1,414 jobs in South Dakota uments, which were referred as indi- Cloudcroft truly is a city often over- since 1995. cated: Finally, Dallas and his family have looked by most. With its great weath- always been dedicated to public serv- er, shopping and mountains, I am EC–11836. A communication from the Act- ing Chief, Division of General and Inter- ice, and I know he will continue to con- proud to say Cloudcroft is a part of national Law, Maritime Administration, De- tribute to our state and it’s citizens in New Mexico.∑ partment of Transportation, transmitting, the future. Therefore, I wish him all f pursuant to law, the report of a rule entitled the best and I will continue to rely ‘‘Statistical Data for Use in Operating-Dif- MESSAGES FROM THE HOUSE upon his valuable insight on the eco- ferential Subsidy Application Hearings’’ nomic development needs in South Da- Under authority of the order of the (RIN2133–AB43) received on December 7, 2000; kota. On behalf of the people of South Senate of December 11, 2000, the Sec- to the Committee on Commerce, Science, Dakota, I want to thank Dallas for retary of the Senate, on December 11, and Transportation. EC–11837. A communication from the Para- being a true public servant who has 2000, during the recess of the Senate, received a message from the House of legal Specialist, Federal Aviation Adminis- helped improve the quality of life for tration, Department of Transportation, thousands of people all across South Representatives announcing that the transmitting, pursuant to law, the report of Dakota.∑ House has passed the following joint a rule entitled ‘‘Amendment to Algona, IA resolution, in which it requests the f Class E Airspace Area Docket No. 00–ACE–34 concurrence of the Senate: [11–20–11–20–]’’ (RIN2120–AA66) (2000–0279) re- CLOUDCROFT, NEW MEXICO H.J. Res. 129. Joint resolution making fur- ceived on December 7, 2000; to the Committee ∑ Mr. DOMENICI. Mr. President, re- ther continuing appropriations for the fiscal on Commerce, Science, and Transportation. cently the city of Cloudcroft, New Mex- year 2001, and for other purposes. EC–11838. A communication from the Para- legal Specialist, Federal Aviation Adminis- ico was named one of the world’s ‘‘10 Under authority of the order of the tration, Department of Transportation, Overlooked and Underrated Winter Senate of January 6, 1999, the Sec- transmitting, pursuant to law, the report of Destinations,’’ by the editors of retary of the Senate, on December 11, a rule entitled ‘‘Standard Instrument Ap- Fodor’s Travel Publications. 2000, during the recess of the Senate, proach Procedures; Miscellaneous Amend- Cloudcroft hasn’t changed much over received a message from the House of ments 492 Admt. no 2021 Docket No 30214 [11– the years. There are more summer Representatives announcing that the 16–11–20]’’ (RIN2120–AA65) (2000–0056) received homes than before, but the permanent House has heard with profound sorrow on December 7, 2000; to the Committee on population has not grown substan- of the death of the Honorable Julian C. Commerce, Science, and Transportation. tially, and the Village still maintains a EC–11839. A communication from the Para- Dixon, a Representative from the State legal Specialist, Federal Aviation Adminis- small-town atmosphere that is so ap- of California. tration, Department of Transportation, pealing to the tourists who come from That a committee of such Members transmitting, pursuant to law, the report of every state in the Union and many for- of the House as the Speaker may des- a rule entitled ‘‘Airworthiness Directives: eign countries. They appreciate the at- ignate, together with such Members of Turbomeca Arriel 1 Series Turboshaft En- titude of the locals and the laid-back the Senate as may be joined, be ap- gines Docket No. 2000–NE–11 [11–27–12–4]’’ feeling of the community as contrasted pointed to attend the funeral. (RIN2120–AA64) (2000–0575) received on De- to the high-speed life in the big cities. That the Sergeant at Arms of the cember 7, 2000; to the Committee on Com- Cloudcroft is located in the south- House be authorized and directed to merce, Science, and Transportation. EC–11840. A communication from the Pro- eastern area of New Mexico. A small take such steps as may be necessary gram Analyst, Federal Aviation Administra- mountain village located in the heart for carrying out the provisions of these tion, Department of Transportation, trans- of the Lincoln National Forest. It is a resolutions and that the necessary ex- mitting, pursuant to law, the report of a rule great travel location for both the out- penses in connection therewith be paid entitled ‘‘Airworthiness Directives: Boeing

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26634 CONGRESSIONAL RECORD—SENATE December 14, 2000 Model 767 Series Airplanes; docket no. 2000– Law, United States Coast Guard, Depart- ment of Transportation, transmitting, pur- NM–91; [10–20/12–4]’’ (RIN2120–AA64) (2000– ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled 0577) received on December 7, 2000; to the suant to law, the report of a rule entitled ‘‘Drawbridge Regulations: Boynton Beach Committee on Commerce, Science, and ‘‘Safety/Security Zone Regulations; Andrew Boulevard Bridge, Atlantic Intracoastal Wa- Transportation. McArdle (Meridian Street) Bridge, Chelsea terway, Boynton Beach, FL. (CGD07–00–109)’’ EC–11841. A communication from the Pro- River, Chelsea, Massachusetts (CGD01–00– (RIN2115–AE47) (2000–0066) received on De- gram Analyst, Federal Aviation Administra- 240)’’ (RIN2115–AA97) (2000–0094) received on cember 7, 2000; to the Committee on Com- tion, Department of Transportation, trans- December 7, 2000; to the Committee on Com- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–11858. A communication from the Chief, entitled ‘‘Airworthiness Directives: P & W EC–11850. A communication from the Chief, Office of Regulations and Administrative PW2000 Series Turbofan Engines; docket no. Office of Regulations and Administrative Law, United States Coast Guard, Depart- 98–ANE–61 [10–24/12–7]’’ (RIN2120–AA64) (2000– Law, United States Coast Guard, Depart- ment of Transportation, transmitting, pur- 0579) received on December 7, 2000; to the ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled Committee on Commerce, Science, and suant to law, the report of a rule entitled ‘‘Drawbridge Regulations: Atlantic Intra- Transportation. ‘‘Drawbridge Regulations: Neches River, TX coastal Waterway, Mile 1084.6, Miami, FL EC–11842. A communication from the Pro- (CGD08–00–026)’’ (RIN2115–AE47) (2000–0059) (CGD07–00–106)’’ (RIN2115–AE47) (2000–0067) gram Analyst, Federal Aviation Administra- received on December 7, 2000; to the Com- received on December 7, 2000; to the Com- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule tation. tation. entitled ‘‘Airworthiness Directives: P & W EC–11851. A communication from the Chief, EC–11859. A communication from the Chief, JT8D Series Turbofan Engines; docket no. Office of Regulations and Administrative Office of Regulations and Administrative 99–NE–29; [11–7/12–7]’’ (RIN2120–AA64) (2000– Law, United States Coast Guard, Depart- Law, United States Coast Guard, Depart- 0580) received on December 7, 2000; to the ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Committee on Commerce, Science, and suant to law, the report of a rule entitled suant to law, the report of a rule entitled Transportation. ‘‘Drawbridge Regulations: Sabine Lake, ‘‘Citizenship Standards for Vessel Ownership EC–11843. A communication from the Pro- Texas (CGD08–00–027)’’ (RIN2115–AE47) (2000– and Financing; American Fisheries Act gram Analyst, Federal Aviation Administra- 0060) received on December 7, 2000; to the (USCG–1999–6095)’’ (RIN2115–AF88) received tion, Department of Transportation, trans- Committee on Commerce, Science, and on December 7, 2000; to the Committee on mitting, pursuant to law, the report of a rule Transportation. Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: CFC EC–11852. A communication from the Chief, EC–11860. A communication from the Di- Company CFE738–1–B Turbofan Engines; Office of Regulations and Administrative rector, Management and Budget Office, Na- Docket no. 2000–NE–40; [10–24/12–7]’’ (RIN2120– Law, United States Coast Guard, Depart- tional Ocean Service, Department of Com- AA64) (2000–0581) received on December 7, ment of Transportation, transmitting, pur- merce, transmitting, pursuant to law, the re- 2000; to the Committee on Commerce, suant to law, the report of a rule entitled port of a rule entitled ‘‘Coastal Ocean Pro- Science, and Transportation. ‘‘Drawbridge Regulations: Rahway River, NJ gram: Funding Announcement for the Stu- EC–11844. A communication from the Pro- (CGD01–00–245)’’ (RIN2115–AE47) (2000–0061) dent Career Development Program for FY01’’ gram Analyst, Federal Aviation Administra- received on December 7, 2000; to the Com- (RIN0648–ZA93) received on December 8, 2000; tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule tation. and Transportation. entitled ‘‘Standard Instrument Approach EC–11853. A communication from the Chief, EC–11861. A communication from the Di- Procedures; Miscellaneous Amendments; Office of Regulations and Administrative rector, Management and Budget Office, Na- (58); Amdt. No. 2023 [11–30/12–7]’’ (RIN2120– Law, United States Coast Guard, Depart- tional Ocean Service, Department of Com- AA65) (2000–0057) received on December 7, ment of Transportation, transmitting, pur- merce, transmitting, pursuant to law, the re- 2000; to the Committee on Commerce, suant to law, the report of a rule entitled port of a rule entitled ‘‘Fisheries of the Science, and Transportation. EC–11845. A communication from the Pro- ‘‘Drawbridge Regulations: Raritan River, Ar- Northeastern United States; Summer Floun- gram Analyst, Federal Aviation Administra- thur Kill, and their tributaries, NJ (CGD01– der Fishery; Commercial Quota Harvested tion, Department of Transportation, trans- 00–244)’’ (RIN2115–AE47) (2000–0062) received for New York’’ received on December 8, 2000; mitting, pursuant to law, the report of a rule on December 7, 2000; to the Committee on to the Committee on Commerce, Science, entitled ‘‘Revision of Class E Airspace; Fay- Commerce, Science, and Transportation. and Transportation. etteville, AR; docket no. 2000–ASW–17; [11–16– EC–11854. A communication from the Chief, EC–11862. A communication from the Di- 00]’’ (RIN2120–AA66) (2000–0280) received on Office of Regulations and Administrative rector, Management and Budget Office, Na- December 7, 2000; to the Committee on Com- Law, United States Coast Guard, Depart- tional Ocean Service, Department of Com- merce, Science, and Transportation. ment of Transportation, transmitting, pur- merce, transmitting, pursuant to law, the re- EC–11846. A communication from the Pro- suant to law, the report of a rule entitled port of a rule entitled ‘‘Fisheries of the gram Analyst, Federal Aviation Administra- ‘‘Drawbridge Regulations: Cortez Bridge (SR Northeastern United States; Summer Floun- tion, Department of Transportation, trans- 64), Bradenton, Manatee County, FL. der Fishery; Commercial Quota Harvested mitting, pursuant to law, the report of a rule (CGD07–00–110)’’ (RIN2115–AE47) (2000–0063) for Virginia’’ received on December 8, 2000; entitled ‘‘Modification of the Dimensions of received on December 7, 2000; to the Com- to the Committee on Commerce, Science, the Grand Canyon National Park; SFRA and mittee on Commerce, Science, and Transpor- and Transportation. Flight Free Zones, Delay of effective date; tation. EC–11863. A communication from the Spe- 11–20/12–4’’ (RIN2120–ZZ32) received on De- EC–11855. A communication from the Chief, cial Assistant to the Bureau Chief, Mass cember 7, 2000; to the Committee on Com- Office of Regulations and Administrative Media Bureau, Federal Communications merce, Science, and Transportation. Law, United States Coast Guard, Depart- Commission, transmitting, pursuant to law, EC–11847. A communication from the Pro- ment of Transportation, transmitting, pur- the report of a rule entitled ‘‘Amendment of gram Analyst, Federal Aviation Administra- suant to law, the report of a rule entitled Section 73.202(b), Table of Allotments, FM tion, Department of Transportation, trans- ‘‘Drawbridge Regulations: Stickney Point Broadcast Stations (Butte Falls, Oregon)’’ mitting, pursuant to law, the report of a rule Bridge (SR 72) County, FL. (CGD07–00–112)’’ (MM Docket No. 00–83, RM–9849) received on entitled ‘‘Commercial Routes for the Grand (RIN2115–AE47) (2000–0064) received on De- December 11, 2000; to the Committee on Com- Canyon National Park; notice; delay of effec- cember 7, 2000; to the Committee on Com- merce, Science, and Transportation. tive date’’ (RIN2120–ZZ31) received on De- merce, Science, and Transportation. EC–11864. A communication from the Spe- cember 7, 2000; to the Committee on Com- EC–11856. A communication from the Chief, cial Assistant to the Bureau Chief, Mass merce, Science, and Transportation. Office of Regulations and Administrative Media Bureau, Federal Communications EC–11848. A communication from the Pro- Law, United States Coast Guard, Depart- Commission, transmitting, pursuant to law, gram Analyst, Federal Aviation Administra- ment of Transportation, transmitting, pur- the report of a rule entitled ‘‘Amendment of tion, Department of Transportation, trans- suant to law, the report of a rule entitled Section 73.202(b), Table of Allotments, FM mitting, pursuant to law, the report of a rule ‘‘Drawbridge Regulations: Siesta Key Bridge Broadcast Stations (Des Moines, New Mex- entitled ‘‘Service Difficulty Reports; final (SR 758), Sarasota, Sarasota County, FL. ico)’’ (MM Docket No. 00–66, RM–9842) re- rule-notice of meeting - Docket no. FAA– (CGD 07–00–111)’’ (RIN2115–AE47) (2000–0065) ceived on December 11, 2000; to the Com- 2000–7952; [12–30/12–6)’’ (RIN2120–AF71) (2000– received on December 7, 2000; to the Com- mittee on Commerce, Science, and Transpor- 0003) received on December 7, 2000; to the mittee on Commerce , Science, and Trans- tation. Committee on Commerce, Science, and portation. EC–11865. A communication from the Spe- Transportation. EC–11857. A communication from the Chief, cial Assistant to the Bureau Chief, Mass EC–11849. A communication from the Chief, Office of Regulations and Administrative Media Bureau, Federal Communications Office of Regulations and Administrative Law, United States Coast Guard, Depart- Commission, transmitting, pursuant to law,

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26635 the report of a rule entitled ‘‘Amendment of Commission, transmitting, pursuant to law, eral courts from levying or increasing taxes Section 73.202(b), Table of Allotments, FM the report of a rule entitled ‘‘Amendment of without representation of the people and Broadcast Stations (Grants and Milan, New Section 73.202(b), Table of Allotments, FM against the people’s wishes; therefore be it Mexico)’’ (MM Docket No. 99–75, RM–9446) re- Broadcast Stations (Darby, Montana)’’ (MM Resolved (the House of Representatives con- ceived on December 11, 2000; to the Com- Docket No. 99–220) received on December 11, curring), That the Congress prepare and sub- mittee on Commerce, Science, and Transpor- 2000; to the Committee on Commerce, mit to the several states an amendment to tation. Science, and Transportation. the Constitution of the United States to add EC–11866. A communication from the Spe- EC–11874. A communication from the Spe- a new article providing as follows: ‘‘Neither cial Assistant to the Bureau Chief, Mass cial Assistant to the Bureau Chief, Mass the Supreme Court nor any inferior court of Media Bureau, Federal Communications Media Bureau, Federal Communications the United States shall have the power to in- Commission, transmitting, pursuant to law, Commission, transmitting, pursuant to law, struct or order a state or a political subdivi- the report of a rule entitled ‘‘Amendment of the report of a rule entitled ‘‘Amendment of sion, to levy or increase taxes’’; and be it Section 73.202(b), Table of Allotments, FM Section 73.202(b), Table of Allotments, FM further Resolved, That this application constitute a Broadcast Stations (Sister Bay, Wisconsin Broadcast Stations (McCook, Nebraska)’’ continuing application in accordance with and Escanaba, Michigan)’’ (MM Docket No . (MM Docket No. 00–82, RM–9841) received on Article V of the Constitution of the United 99–288) received on December 11, 2000; to the December 11, 2000; to the Committee on Com- States; and be it further Committee on Commerce, Science, and merce, Science, and Transportation. Resolved, That the General Assembly of the Transportation. EC–11875. A communication from the As- Commonwealth of Pennsylvania also propose EC–11867. A communication from the Spe- sistant Secretary, Bureau of Indian Affairs, that the legislatures of each of the several cial Assistant to the Bureau Chief, Mass Department of the Interior, transmitting, states comprising the United States, that Media Bureau, Federal Communications pursuant to law, the report of a rule entitled have not yet made a similar request, apply Commission, transmitting, pursuant to law, ‘‘Tribal Self-Governance’’ (RIN1076–AD21) re- to the Congress requesting enactment of an the report of a rule entitled ‘‘Amendment of ceived on December 8, 2000; to the Committee appropriate amendment to the Constitution Section 73.202(b), Table of Allotments, FM on Indian Affairs. of the United States and apply to the Con- Broadcast Stations (Randolph and Little f gress to propose such an amendment to the Valley, NY)’’ (MM Docket No. 00–113, RM– Constitution of the United States; and be it 9904, RM–9952) received on December 11, 2000; PETITIONS AND MEMORIALS further to the Committee on Commerce, Science, The following petitions and memo- Resolved, That copies of this resolution be and Transportation. rials were laid before the Senate and transmitted to the President and Vice Presi- EC–11868. A communication from the Spe- were referred or ordered to lie on the dent of the United States, to the presiding cial Assistant to the Bureau Chief, Mass officers of each house of Congress, to the pre- Media Bureau, Federal Communications table as indicated: siding officers of each house of Legislature Commission, transmitting, pursuant to law, POM–642. A concurrent resolution adopted in each of the states in the union and to each the report of a rule entitled ‘‘Amendment of by the General Assembly of the Common- member of Congress from Pennsylvania. Section 73.202(b), Table of Allotments, FM wealth of Pennsylvania relative to the lev- f Broadcast Stations (Pilot Rock, Oregon)’’ ying or increasing of taxes; to the Com- (MM Docket No. 00–128, RM–9912) received on mittee on the Judiciary. INTRODUCTION OF BILLS AND December 11, 2000; to the Committee on Com- RESOLUTION JOINT RESOLUTIONS merce, Science, and Transportation. Whereas, Separation of powers is funda- The following bills and joint resolu- EC–11869. A communication from the Spe- mental to the Constitution of the United tions were introduced, read the first cial Assistant to the Bureau Chief, Mass States, and the power of the Federal Govern- and second times by unanimous con- Media Bureau, Federal Communications ment is strictly limited; and sent, and referred as indicated: Commission, transmitting, pursuant to law, Whereas, Under the Constitution of the the report of a rule entitled ‘‘Amendment of United States, the States are to determine By Mr. BINGAMAN: S. 3277. A bill to amend the National En- Section 73.202(b), Table of Allotments, FM public policy; and ergy Conservation Policy Act to enhance and Broadcast Stations (Bogota, Texas)’’ (MM Whereas, It is the duty of the judiciary to extend authority relating to energy savings Docket No. 00–54) received on December 11, interpret the law, not to create law; and performance contracts of the Federal Gov- 2000; to the Committee on Commerce, Whereas, Our present Federal Government ernment; to the Committee on Energy and Science, and Transportation. has strayed from the intent of our Founding Natural Resources. EC–11870. A communication from the Spe- Fathers and the Constitution of the United cial Assistant to the Bureau Chief, Mass By Mr. BINGAMAN: States through inappropriate Federal man- S. 3278. A bill to authorize funding for Media Bureau, Federal Communications dates; and nanoscale science and engineering research Commission, transmitting, pursuant to law, Whereas, These mandates by way of stat- and development at the Department of En- the report of a rule entitled ‘‘Amendment of ute, rule or judicial decision have forced ergy for fiscal years 2002 through 2006; to the Section 73.202(b), Table of Allotments, FM state governments to serve as the mere ad- Committee on Energy and Natural Re- Broadcast Stations (Dillsboro and Rosman, ministrative arm of the Federal Govern- sources. North Carolina)’’ (MM Docket No. 00–88, RM– ment; and By Mr. FEINGOLD (for himself, Mr. 9871) received on December 11, 2000; to the Whereas, Federal district courts, with the JEFFORDS, and Mr. LEAHY): Committee on Commerce, Science, and acquiescence of the United States Supreme S. 3279. A bill to amend the Richard B. Rus- Transportation. Court, continue to order states to levy or in- sell National School Lunch Act to authorize EC–11871. A communication from the Spe- crease taxes to comply with Federal man- the Secretary of Agriculture to carry out cial Assistant to the Bureau Chief, Mass dates; and pilot projects to increase milk consumption Media Bureau, Federal Communications Whereas, these court actions violate the and reduce the cost of milk served to chil- Commission, transmitting, pursuant to law, Constitution of the United States and the dren; to the Committee on Agriculture, Nu- the report of a rule entitled ‘‘Amendment of legislative process; and trition, and Forestry. Section 73.202(b), Table of Allotments, FM Whereas, The time has come for the people Broadcast Stations (Wheatland and Wright, of this great nation and their duly elected f Wyoming)’’ (MM Docket No. 99–195) received representatives in State government to reaf- STATEMENTS ON INTRODUCED on December 11, 2000; to the Committee on firm in no uncertain terms that the author- BILLS AND JOINT RESOLUTIONS Commerce, Science, and Transportation. ity to tax under the Constitution of the EC–11872. A communication from the Spe- United States is retained by the people, who Mr. BINGAMAN: cial Assistant to the Bureau Chief, Mass by their consent alone do delegate such S. 3277. A bill to amend the National Media Bureau, Federal Communications power to tax explicitly to those duly elected Energy Conservation Policy Act to en- Commission, transmitting, pursuant to law, representatives in the legislative branch of hance and extend authority relating to the report of a rule entitled ‘‘Amendment of government whom they choose, such rep- energy savings performed contracts of Section 73.202(b), Table of Allotments, FM resentatives being directly responsible and the Federal Government; to the Com- Broadcast Stations (Dos Palos and Living- accountable to those who have elected them; mittee on Energy and Natural Re- ston, California)’’ (MM Docket No. 00–92; and sources. RM–9857) received on December 11, 2000; to Whereas, Several states have petitioned the Committee on Commerce, Science, and the Congress of the United States to propose ENERGY EFFICIENT COST SAVINGS Transportation. an amendment to the Constitution of the IMPROVEMENT ACT OF 2001 EC–11873. A communication from the Spe- United States; and Mr. BINGAMAN. Mr. President, I rise cial Assistant to the Bureau Chief, Mass Whereas, As previously introduced in Con- today to introduce important legisla- Media Bureau, Federal Communications gress, the amendment seeks to prevent Fed- tion, to amend the National Energy

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 26636 CONGRESSIONAL RECORD—SENATE December 14, 2000 Conservation Policy Act of 1986. This turn around and reinvest even larger benefit of newer facilities and much legislation, the ‘‘Energy Efficient Cost amounts in operating and maintaining needed improvements to the Federal Savings Improvement Act of 2001’’ will a very old facility. Somewhere there infrastructure at a fraction of the cost. improve the current law by enhancing has to be a point where we decide there And, since ESCOs typically use local and extending the authority relating to must be other alternatives—and that is companies to provide construction energy savings performance contracts exactly what my legislation offers. services, this type of program would of the Federal Government. The benefit The most important element of my have a very beneficial effect on local to the taxpayer will be not only the re- legislation is in the way it proposes to economies. alization of greater cost savings as fund the construction of replacement There is certainly enough work with- they pertain to older, inefficient Fed- Federal facilities. The legislation in the Federal government to move for- eral buildings but, more importantly, builds upon the existing Energy Sav- ward on this ESPC legislation. To this the reduction in the waste of monies ings Performance Contracting and end, I urge my colleagues to support spent trying to improve these buildings takes it one logical step further—to in- the bill. when other, more cost effective alter- clude savings anticipated from oper- natives are available. ation and maintenance efficiencies of a Mr. BINGAMAN: The National Energy Conservation new replacement Federal building. Per- S. 3278. A bill to authorize funding Policy Act, as amended by the Energy haps the easiest way to explain the for nanoscale science and engineering Policy Act of 1992, established a man- benefits of this change is by citing an research and development at the De- date for energy savings in Federal example. In my home state of New partment of Energy for fiscal years 2002 buildings and facilities. Aggressive en- Mexico, the Department of Energy Al- through 2006; to the Committee on En- ergy conservation goals were subse- buquerque Operations office resides in ergy and Natural Resources. quently established by Executive Order a complex of buildings constructed DEPARTMENT OF ENERGY NANOSCALE SCIENCE 12902, stating that, by 2005, Federal originally as Army barracks during the AND ENGINEERING ACT agencies must reduce their energy con- Korean War. Although these facilities Mr. BINGAMAN. Mr. President, I rise sumption in their buildings by 30 per- have been renovated and modified today to introduce a bill authorizing cent per square foot when compared to throughout the years, they remain en- the Secretary of Energy to provide for 1985 levels. Executive Order 13123 in- ergy inefficient and require high main- a long term commitment in its Office creased this goal to 35 percent by 2010. tenance and operation costs when com- of Science to the area of nanoscience To help attain these objectives, the pared to more contemporary buildings. and nanoengineering. This new area is Energy Policy Act of 1992 created En- What’s more, over the next seven of fundamental importance for main- ergy Savings Performance Contracting, years, the Operations office will insti- taining our global economic leadership ESPC, which offered a means of achiev- tute additional modifications to meet in energy technology as well in areas ing this energy reduction goal at no compliance requirements for seismic, such as microchip design, space and capital cost to the government. That’s energy savings, and other facility in- transportation, medicines and bio- right—no capital cost to the govern- frastructure concerns (maintenance, medical devices. The fields of ment, since ESPC is an alternative to environmental, safety and health, etc.) nanoscience and nanoengineering are the traditional method of Federal ap- at a cost of $34.2 million. Even with so new and broad in their reach that no propriations to finance these types of these modifications, we end up with a one industry can support them. They improvements in Federal buildings. modernized 50-year-old building that are a perfect example how we in Con- Under the ESPC authority, Federal will continue to require expensive gress can make a difference to support agencies contract with energy service maintenance dollars. The estimate to our nation’s technological leadership, a companies, ESCO, which pay all the replace the office complex with a new key element of the 21st century global up-front costs. These costs relate to facility, by the way, is $35.3 million. economy. evaluation, design, financing, acquisi- While Congress cannot afford to appro- The fields of nanoscience and engi- tion, installation, and maintenance of priate funds to build a new facility, neering encompass the ability to create energy efficient equipment; altered op- we’re willing to spend—no, we’re forced new states of matter by prepositioning eration and maintenance improve- to waste—almost as much in maintain- the atoms that make up their struc- ments; and technical services. The ing an old one. ture. The physical features that ESCO guarantees a fixed amount of en- As requested by the National Defense nanoscale R&D will develop are on the ergy cost savings throughout the life of Authorization Act for FY2000, the De- order of about 10 nanometers or 1000 the contract and is paid directly from partment of Energy conducted a feasi- times smaller than the diameter of a those cost savings. Agencies retain the bility study for replacing the Albu- human hair. What we are talking about remainder of the cost savings for them- querque Operations office using an is making materials and devices not by selves and, at the end of the contract, ESPC. The results of the study are en- miniaturization, which is a top down ownership of all property, along with lightening, for it demonstrated that by approach. Nanoscience is the bottom the additional cost savings, reverts to using anticipated energy, operations, up fabrication of materials, atom by the Federal government. Currently, and maintenance efficiencies of a new atom. When you build materials at this contracts may range up to 25 years. replacement building over the old one, level, amazing things begin to happen. Over the entire contract period, Fed- the cost savings alone pay for the new We are talking about microchips whose eral monies are neither required nor facility. What’s more, the analysis features will shrink by a factor of 100 appropriated for the improvements. forecasts that after the annual ESPC below where industry projects they will But, as innovative as the ESPC alter- loan payment is made to the con- be in the year 2010. These chip features native may be, there is one area in tractor, there is a $1 million per year will lead to radical breakthroughs in which it falls short—and that is, how surplus. Over a 25-year contract, the speed, cost and density of information to avoid wasting valuable funds im- savings to the taxpayer is $25 million. storage. In the field of medicine and proving energy efficiency in a building Finally, I want to draw your atten- health, we are talking about drugs that has long since passed its useful tion to the broader implications that whose routes of delivery are literally life. How do you justify energy con- this legislation has for Federal agen- at the molecular level. It will be pos- servation measures in buildings that cies and taxpayers alike. The applica- sible to custom build proteins and are in constant need of maintenance or tion of authority created by this legis- other biological materials for future repair? Facilities that, no matter how lation in the replacement of other Fed- biomedical devices. In the field of en- much money is invested for renovation, eral buildings could result in billions of ergy efficiency, batteries and fuel cells will never meet existing building code dollars of avoided waste. Simply by can be built with storage capacities far requirements? You may save money by considering operation and maintenance exceeding our current state of the art. improving energy efficiency, but then cost savings, we would reap a double In the transportation industry, it will

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26637 be possible to make ultra strong and There being no objection, the bill was standing of the chemistry, physics, materials light materials reducing the weight in ordered to be printed in the RECORD, as science and engineering of phenomena on the airplanes, cars and space vehicles. All follows: scale of 1 to 100 nanometers. these breakthroughs in the diverse in- (b) DUTIES OF THE OFFICE OF SCIENCE.—In S. 3278 carrying out the program under this Act, the dustries I have discussed will keep the Be it enacted by the Senate and House of Rep- Director of the Office of Science shall— United States’ as a global leader in the resentatives of the United States of America in (1) support both individual investigators 21st century economy. Congress assembled, and multidisciplinary teams of investiga- The Department of Energy and its SECTION 1. SHORT TITLE. tors; Office of Science are uniquely suited to This Act may be cited as the ‘‘Department (2) pursuant to subsection (c), develop, support this critical research. The Of- of Energy Nanoscale Science and Engineer- plan, construct, acquire, or operate special fice of Science has been at the fore- ing Act’’. equipment or facilities for the use of inves- front of conducting nanotechnology re- SEC. 2. FINDINGS. tigators conducting research and develop- search for the past decade through its The Congress finds the following: ment in nanoscience and nanoengineering; (1) The emerging fields of nanoscience and (3) support technology transfer activities broad array of materials, physics, nanoengineering address the ability to cre- to benefit industry and other users of chemistry and biology programs. This ate materials with fundamentally new com- nanoscience and nanoengineering; and authorization bill will carry forth four positions by prepositioning atoms within an (4) coordinate research and development broad objectives of the Office of overall molecular composition. activities with industry and other federal Science’s existing nanotechnology ef- (2) The ability of the United States to re- agencies. fort, (1) attain a fundamental under- spond to the energy and economic challenges (c) NANOSCIENCE AND NANOENGINEERING RE- standing of nanoscale phenomena, (2) of the 21st century will be driven by science SEARCH CENTERS AND MAJOR INSTRUMENTA- achieve the ability to design bulk ma- and technology. Nanoscience and TION.— nanoengineering will enable the United (1) AUTHORIZATION.—Within the funds au- terials with desired properties using States to develop new technologies for en- thorized to be appropriated pursuant to this nanoscale manipulation, (3) study how ergy exploration and production, for moni- Act, the amounts specified under section 4(b) living organisms produce materials toring energy infrastructure, for increasing shall, subject to appropriations, be available naturally by arranging their atomic energy efficiency in end-use application, and for projects to develop, plan, construct, ac- structure and implement it into the de- for developing new technologies applicable quire, or operate special equipment, instru- sign process for nanomaterials, (4) de- to other Department of Energy statutory mentation, or facilities for investigators velop experimental and computer tools missions. These advances will also enhance conducting research and development in with a national infrastructure to carry the strength of U.S. science, technology, and nanoscience and nanoengineering. medicine generally. (2) PROJECTS.—Projects under paragraph out nanoscience. Let me briefly com- (3) The fundamental intellectual chal- (1) may include the measurement of prop- ment on the fourth area in this list. lenges inherent in nanoscience and erties at the scale of 1 to 100 nanometers, The Office of Science is the nation’s nanoengineering are considerable, and re- manipulation at such scales, and the integra- leader in developing and managing na- quire public support for basic and applied re- tion of technologies based on nanoscience or tional user facilities across the broad search and development. Significant ad- nanoengineering into bulk materials or range of physical sciences. It would be vances in areas such as the self-assembly of other technologies. a natural progression for the Office of atom clusters will be required before (3) FACILITIES.—Facilities under paragraph Science to develop similar user facili- nanoscience or nanoengineering will be use- (1) may include electron microcharacteriza- ful to the energy or manufacturing indus- tion facilities, microlithography facilities, ties to advance nanoscience. These fa- tries. scanning probe facilities and related instru- cilities, located across the United (4) The development of new scientific in- mentation. States, will contain unique equipment struments will also be required to advance (4) COLLABORATION.—The Secretary shall and computers which will be accessible nanoscience and nanoengineering. Such in- encourage collaborations among univer- to individuals as well as multi-discipli- struments are likely to be large and costly. sities, laboratories and industry at facilities nary teams. In the past, Office of Specialized facilities are also likely to be re- under this subsection. At least one Depart- Science national user facilities have quired in order to advance the field and to mental facility under this subsection shall realize its promise. Such facilities will be served as crossing points between the have a specific mission of technology trans- sufficiently expensive that they will have to fer to other institutions and to industry. transition from fundamental science to be located and constructed on a centralized (d) MERIT REVIEW REQUIRED.—All grants, industrial capability. I expect that basis, similar to a number of unique facili- contracts, cooperative agreements, or other these nanoscience user facilities will ties already managed by the Department of financial assistance awards under this Act serve as a similar transition point from Energy. shall be made only after independent merit long term fundamental research into (5) Contributions from individual research- review. applied industrial know-how. Accord- ers as well as multidisciplinary research SEC. 4. AUTHORIZATION OF APPROPRIATIONS. teams will be required to advance ingly, in this authorization bill I have (a) TOTAL AUTHORIZATION.—The following nanoscience and nanoengineering. sums are authorized to be appropriated to allotted portions of the yearly budget (6) The Department of Energy’s Office of towards developing these unique user the Secretary Of Energy, to remain available Science is well suited to manage nanoscience until expended, for the purposes of carrying facilities. and nanoengineering research and develop- This bill is an important first step in out this Act: ment for the Department. Through its sup- (1) $160,000,000 for fiscal year 2002. a combined national nanoscience effort port of research and development pursuant (2) $270,000,000 for fiscal year 2003. which will help to maintain the tech- to the Department’s statutory authorities, (3) $290,000,000 for fiscal year 2004. nological edge of our U.S. industry. I the Office of Science is the principal federal (4) $310,000,000 for fiscal year 2005. hope that the other federal R&D agen- supporter of the research and development in (5) $330,000,000 for fiscal year 2006. the physical and computational sciences. cies will make similar commitments in (b) NANOSCIENCE AND NANOENGINEERING RE- The Office is also a significant source of fed- SEARCH CENTERS AND MAJOR INSTRUMENTA- their areas of expertise. Maintaining eral support for research in genomics and the TION.—Of the funds under subsection (a), the this edge, by promoting these long life sciences. The Office supports research term and high risk investigations is following sums are authorized to be appro- and development by individual investigators priated to carry out section 3(c): something which we cannot expect in and multidisciplinary teams, and manages (1) $55,000,000 for fiscal year 2002. the short time frame world of today’s special user facilities that serve investiga- (2) $135,000,000 for fiscal year 2003. industry. It is critical that our U.S. tors in both university and industry. (3) $150,000,000 for fiscal year 2004. government step into this void, par- SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (4) $120,000,000 for fiscal year 2005. ticularly in the area of nanoscience, (a) ESTABLISHMENT.—The Secretary of En- (5) $160,000,000 for fiscal year 2006. and provide the necessary intellectual ergy, through the Office of Science of the De- partment of Energy, shall support a program f capital to propel our national economy of research and development in nanoscience ADDITIONAL COSPONSORS as a leader in the 21st century. and nanoengineering consistent with the De- I ask for unanimous consent that the partment’s statutory authorities related to S. 3189 text of the bill be printed in the research and development. The program At the request of Ms. SNOWE, the RECORD. shall include efforts to further the under- name of the Senator from Illinois (Mr.

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DURBIN) was added as a cosponsor of S. On page 23, line 18, strike ‘‘inserting’’ and Sec. 306. Duties. 3189, a bill to provide more child sup- insert ‘‘adding’’. Sec. 307. Commencement and termination of port money to families leaving welfare, On page 23, lines 21 and 22, strike ‘‘defined commission. Sec. 308. Funding. to simplify the rules governing the as- under sections 11(4) and 8G(a)(5)’’ and insert ‘‘(as defined under section 8G(a)(5) or 11(4))’’. Sec. 309. Definitions. signment and distribution of child sup- On page 23, lines 23 and 24, strike ‘‘defined TITLE IV—PACIFIC CHARTER port collected by States on behalf of under sections 11(4) and 8G(a)(5)’’ and insert COMMISSION ACT OF 2000 children, to improve the collection of ‘‘(as defined under section 8G(a)(5) or 11(4))’’. Sec. 401. Short title. child support, to promote marriage, On page 24, lines 9 and 10, strike ‘‘of Inspec- Sec. 402. Purposes. and for other purposes. tor General’’. Sec. 403. Establishment of commission. On page 24, lines 11 and 12, strike ‘‘of In- S. RES. 8 Sec. 404. Duties of commission. spector General’’. Sec. 405. Membership of commission. At the request of Mr. STEVENS, the On page 25, line 16, strike ‘‘annual reports’’ Sec. 406. Powers of commission. name of the Senator from Wisconsin and insert ‘‘an annual report’’. Sec. 407. Staff and support services of com- (Mr. FEINGOLD) was added as a cospon- On page 32, strike lines 8 through 10. mission. sor of S. Res. 8, a resolution amending On page 34, insert between lines 18 and 19 Sec. 408. Termination. rule XVI of the Standing Rules of the the following: Sec. 409. Authorization of appropriations. Senate relating to amendments to gen- ‘‘(30) Inspector General, Tennessee Valley TITLE V—MISCELLANEOUS PROVISIONS eral appropriation bills Authority.’’. Sec. 501. Assistance efforts in Sudan. On page 36, line 16, strike the quotation S. RES. 387 Sec. 502. Authority to provide towing assist- marks and second period. ance. At the request of Mrs. FEINSTEIN, her On page 36, insert between lines 16 and 17 Sec. 503. Sense of Congress on the American name was added as a cosponsor of S. the following: University in Bulgaria. ‘‘Inspector General, Tennessee Valley Au- Res. 387, a resolution relative to the TITLE VI—PAUL D. COVERDELL WORLD thority.’’. death of Representative Julian C. WISE SCHOOLS ACT OF 2000 Dixon, of California. On page 36, line 23, insert ‘‘of the United States’’ after ‘‘Comptroller General’’. Sec. 601. Short title. At the request of Mrs. BOXER, her Sec. 602. Findings. name was added as a cosponsor of S. On page 37, line 12, strike ‘‘paragraph (2)’’ and insert ‘‘subsection (a)’’. Sec. 603. Designation of Paul D. Coverdell Res. 387, supra. World Wise Schools Program. f INTERNATIONAL MALARIA TITLE I—ASSISTANCE FOR INTERNATIONAL MALARIA CONTROL AMENDMENTS SUBMITTED CONTROL ACT OF 2000 SEC. 101. SHORT TITLE. This title may be cited as the ‘‘Inter- EQUAL EMPLOYMENT OPPOR- HELMS AMENDMENT NO. 4364 national Malaria Control Act of 2000’’. SEC. 102. FINDINGS. TUNITY COMPLAINT DATA DIS- Mr. BYRD. (for Mr. HELMS) proposed CLOSURE ACT Congress makes the following findings: an amendment to the bill (S. 2943) to (1) The World Health Organization esti- authorize additional assistance for mates that there are 300,000,000 to 500,000,000 DURBIN AMENDMENT NO. 4362 international malaria control, and to cases of malaria each year. provide for coordination and consulta- (2) According to the World Health Organi- Mr. GRAMS (for Mr. DURBIN) pro- tion in providing assistance under the zation, more than 1,000,000 persons are esti- posed an amendment to the bill (H.R. Foreign Assistance Act of 1961 with re- mated to die due to malaria each year. 1023) to require that each Government (3) According to the National Institutes of spect to malaria, HIV, and tuber- Health, about 40 percent of the world’s popu- agency post monthly, on its public Web culosis; as follows: site, certain statistical data relating to lation is at risk of becoming infected. In lieu of the matter proposed to be in- (4) About half of those who die each year Federal sector equal employment op- serted by the House to the text of the bill, from malaria are children under 9 years of portunity complaints filed with such insert the following: age. agency, and for other purposes; as fol- SECTION 1. SHORT TITLE. (5) Malaria kills one child each 30 seconds. lows: This Act may be cited as the ‘‘Assistance (6) Although malaria is a public health At the appropriate place, insert the fol- for International Malaria Control Act’’. problem in more than 90 countries, more than 90 percent of all malaria cases are in lowing: SEC. 2. TABLE OF CONTENTS. sub-Saharan Africa. SEC. ll. PRIVATE RELIEF PROVISION. The table of contents for this Act is as fol- (7) In addition to Africa, large areas of Notwithstanding any other provision of lows: law, the renunciation of United States citi- Central and South America, Haiti and the Sec. 1. Short title. zenship by Valdas Adamkus on February 25, Dominican Republic, the Indian subconti- Sec. 2. Table of contents. 1998, in order to become the President of the nent, Southeast Asia, and the Middle East Republic of Lithuania shall not— TITLE I—ASSISTANCE FOR are high risk malaria areas. (1) be treated under any Federal law as INTERNATIONAL MALARIA CONTROL (8) These high risk areas represent many of having as one of its purposes the avoidance Sec. 101. Short title. the world’s poorest nations. of any Federal tax, Sec. 102. Findings. (9) Malaria is particularly dangerous dur- (2) result in the denial of any benefit under Sec. 103. Assistance for malaria prevention, ing pregnancy. The disease causes severe title II or XVIII of the Social Security Act, treatment, control, and elimi- anemia and is a major factor contributing to or under title 5, United States Code, or nation. maternal deaths in malaria endemic regions. (3) result in any restriction on the right of TITLE II—POLICY OF THE UNITED (10) ‘‘Airport malaria’’, the importing of Valdas Adamkus to travel or be admitted to STATES WITH RESPECT TO MACAU malaria by international aircraft and other the United States. conveyances, is becoming more common, and Sec. 201. Short title. the United Kingdom reported 2,364 cases of Sec. 202. Findings and declarations; sense of WATER POLLUTION PROGRAM malaria in 1997, all of them imported by Congress. travelers. ENHANCEMENTS ACT OF 2000 Sec. 203. Continued application of United (11) In the United States, of the 1,400 cases States law. of malaria reported to the Centers for Dis- Sec. 204. Reporting requirement. ease Control and Prevention in 1998, the vast COLLINS AMENDMENT NO. 4363 Sec. 205. Definitions. majority were imported. Mr. GRAMS (for Ms. COLLINS) pro- TITLE III—UNITED STATES-CANADA (12) Between 1970 and 1997, the malaria in- posed an amendment to the bill (S. 870) ALASKA RAIL COMMISSION fection rate in the United States increased to amend the Inspector General Act of Sec. 301. Short title. by about 40 percent. 1978 (5 U.S.C. App.) to increase the effi- Sec. 302. Findings. (13) Malaria is caused by a single-cell para- Sec. 303. Agreement for a United States- site that is spread to humans by mosquitoes. ciency and accountability of Offices of Canada bilateral commission. (14) No vaccine is available and treatment Inspector General within Federal de- Sec. 304. Composition of commission. is hampered by development of drug-resist- partments, and for other purposes; as Sec. 305. Governance and staffing of com- ant parasites and insecticide-resistant mos- follows: mission. quitoes.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.000 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26639 SEC. 103. ASSISTANCE FOR MALARIA PREVEN- and the Republic of Portugal in the Joint the House of Representatives and the Com- TION, TREATMENT, CONTROL, AND Declaration, particularly with respect to mittee on Foreign Relations of the Senate ELIMINATION. such matters as trade, commerce, law en- concerning such determination. (a) ASSISTANCE.— forcement, finance, monetary policy, avia- SEC. 204. REPORTING REQUIREMENT. (1) IN GENERAL.—The Administrator of the tion, shipping, communications, tourism, United States Agency for International De- cultural affairs, sports, and participation in (a) IN GENERAL.—Not later than 90 days velopment, in coordination with the heads of international organizations, consistent with after the date of the enactment of this Act, other appropriate Federal agencies and non- the national security and other interests of and not later than March 31 of each of the governmental organizations, shall provide the United States; and years 2001, 2002, and 2003, the Secretary of assistance for the establishment and conduct (3) the United States should actively seek State shall transmit to the Committee on of activities designed to prevent, treat, con- to establish and expand direct bilateral ties International Relations of the House of Rep- trol, and eliminate malaria in countries with and agreements with Macau in economic, resentatives and the Committee on Foreign a high percentage of malaria cases. trade, financial, monetary, mutual legal as- Relations of the Senate a report on condi- (2) CONSIDERATION OF INTERACTION AMONG sistance, law enforcement, communication, tions in Macau of interest to the United EPIDEMICS.—In providing assistance pursuant transportation, and other appropriate areas. States. The report shall describe— to paragraph (1), the Administrator should (1) significant developments in United SEC. 203. CONTINUED APPLICATION OF UNITED States relations with Macau, including any consider the interaction among the STATES LAW. determination made under section 203; epidemics of HIV/AIDS, malaria, and tuber- (a) CONTINUED APPLICATION.— (2) significant developments related to the culosis. (1) IN GENERAL.—Notwithstanding any change in the exercise of sovereignty over (3) DISSEMINATION OF INFORMATION REQUIRE- change in the exercise of sovereignty over Macau affecting United States interests in MENT.—Activities referred to in paragraph (1) Macau, and subject to subsections (b) and (c), Macau or United States relations with shall include the dissemination of informa- the laws of the United States shall continue Macau and the People’s Republic of China; tion relating to the development of vaccines to apply with respect to Macau in the same (3) the development of democratic institu- and therapeutic agents for the prevention of manner as the laws of the United States tions in Macau; malaria (including information relating to were applied with respect to Macau before (4) compliance by the Government of the participation in, and the results of, clinical December 20, 1999, unless otherwise expressly People’s Republic of China and the Govern- trials for such vaccines and agents conducted provided by law or by Executive order issued ment of the Republic of Portugal with their by United States Government agencies) to pursuant to paragraph (2). obligations under the Joint Declaration; and appropriate officials in such countries. (2) EXCEPTION.—Whenever the President (5) the nature and extent of Macau’s par- (b) AUTHORIZATION OF APPROPRIATIONS.— determines that Macau is not sufficiently ticipation in multilateral forums. (1) IN GENERAL.—There are authorized to be autonomous to justify treatment under a appropriated to carry out subsection (a) particular law of the United States, or any (b) SEPARATE PART OF COUNTRY REPORTS.— $50,000,000 for each of the fiscal years 2001 provision thereof, different from that ac- Whenever a report is transmitted to Con- and 2002. corded the People’s Republic of China, the gress on a country-by-country basis, there (2) AVAILABILITY.—Amounts appropriated President may issue an Executive order sus- shall be included in such report, where appli- pursuant to the authorization of appropria- pending the application of paragraph (1) to cable, a separate subreport on Macau under tions under paragraph (1) are authorized to such law or provision of law. The President the heading of the country that exercises remain available until expended. shall promptly notify the Committee on sovereignty over Macau. TITLE II—POLICY OF THE UNITED STATES International Relations of the House of Rep- SEC. 205. DEFINITIONS. WITH RESPECT TO MACAU resentatives and the Committee on Foreign In this title: SEC. 201. SHORT TITLE. Relations of the Senate concerning any such (1) JOINT DECLARATION.—The term ‘‘Joint This title may be cited as the ‘‘United determination and shall publish the Execu- Declaration’’ means the Joint Declaration of States-Macau Policy Act of 2000’’. tive order in the Federal Register. the Government of the People’s Republic of SEC. 202. FINDINGS AND DECLARATIONS; SENSE (b) EXPORT CONTROLS.— China and the Government of the Republic of OF CONGRESS. (1) IN GENERAL.—The export control laws, Portugal on the Question of Macau, dated (a) FINDINGS AND DECLARATIONS.—Congress regulations, and practices of the United April 13, 1987. makes the following findings and declara- States shall apply to Macau in the same (2) MACAU.—The term ‘‘Macau’’ means the tions: manner and to the same extent that such territory that prior to December 20, 1999, was (1) The continued economic prosperity of laws, regulations, and practices apply to the the Portuguese Dependent Territory of Macau furthers United States interests in People’s Republic of China, and in no case Macau and after December 20, 1999, became the People’s Republic of China and Asia. shall such laws, regulations, and practices be the Macau Special Administrative Region of (2) Support for democratization is a funda- applied less restrictively to exports to the People’s Republic of China. mental principle of United States foreign Macau than to exports to the People’s Re- policy, and as such, that principle naturally public of China. TITLE III—UNITED STATES-CANADA applies to United States policy toward (2) RULE OF CONSTRUCTION.—Paragraph (1) ALASKA RAIL COMMISSION Macau. shall not be construed as prohibiting the pro- SEC. 301. SHORT TITLE. (3) The human rights of the people of vision of export control assistance to Macau. This title may be cited as the ‘‘Rails to Re- Macau are of great importance to the United (c) INTERNATIONAL AGREEMENTS.— sources Act of 2000’’. States and are directly relevant to United (1) IN GENERAL.—Subject to subsection (b) States interests in Macau. and paragraph (2), for all purposes, including SEC. 302. FINDINGS. (4) A fully successful transition in the ex- actions in any court of the United States, Congress finds that— ercise of sovereignty over Macau must con- Congress approves of the continuation in (1) rail transportation is an essential com- tinue to safeguard human rights in and of force after December 20, 1999, of all treaties ponent of the North American intermodal themselves. and other international agreements, includ- transportation system; (5) Human rights also serve as a basis for ing multilateral conventions, entered into (2) the development of economically strong Macau’s continued economic prosperity, and before such date between the United States and socially stable communities in the west- Congress takes note of Macau’s adherence to and Macau, or entered into force before such ern United States and Canada was encour- the International Covenant on Civil and Po- date between the United States and the Re- aged significantly by government policies litical Rights and the International Conven- public of Portugal and applied to Macau, un- promoting the development of integrated tion on Economic, Social, and Cultural less or until terminated in accordance with transcontinental, interstate and interprovin- Rights. law. cial rail systems in the states, territories (b) SENSE OF CONGRESS.—It is the sense of (2) EXCEPTION.—If, in carrying out this sub- and provinces of the two countries; Congress that— section, the President determines that (3) United States and Canadian federal sup- (1) the United States should play an active Macau is not legally competent to carry out port for the completion of new elements of role in maintaining Macau’s confidence and its obligations under any such treaty or the transcontinental, interstate and inter- prosperity, Macau’s unique cultural herit- other international agreement, or that the provincial rail systems was halted before rail age, and the mutually beneficial ties be- continuation of Macau’s obligations or connections were established to the State of tween the people of the United States and rights under any such treaty or other inter- Alaska and the Yukon Territory; the people of Macau; national agreement is not appropriate under (4) rail transportation in otherwise iso- (2) through its policies, the United States the circumstances, the President shall take lated areas facilitates controlled access and should contribute to Macau’s ability to appropriate action to modify or terminate may reduce overall impact to environ- maintain a high degree of autonomy in mat- such treaty or other international agree- mentally sensitive areas; ters other than defense and foreign affairs as ment. The President shall promptly notify (5) the extension of the continental rail promised by the People’s Republic of China the Committee on International Relations of system through northern British Columbia

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 26640 CONGRESSIONAL RECORD—SENATE December 14, 2000 and the Yukon Territory to the current ter- appropriate, consistent with subsection North American continental rail system minus of the Alaska Railroad would signifi- (a)(2). through the continuation of the rail system cantly benefit the United States and Cana- SEC. 305. GOVERNANCE AND STAFFING OF COM- in Alaska from its northeastern terminus to dian visitor industries by facilitating the MISSION. a connection with the continental rail sys- comfortable movement of passengers over (a) CHAIRMAN.—The Agreement should pro- tem in Canada. long distances while minimizing effects on vide for the Chairman of the Commission to (2) SPECIFIC ISSUES.—The Agreement the surrounding areas; and be elected from among the members of the should provide for the study and assessment (6) ongoing research and development ef- Commission by a majority vote of the mem- to include the consideration of the following forts in the rail industry continue to in- bers. issues: crease the efficiency of rail transportation, (b) COMPENSATION AND EXPENSES OF UNITED (A) Railroad engineering. ensure safety, and decrease the impact of STATES MEMBERS.— (B) Land ownership. rail service on the environment. (1) COMPENSATION.—Each member of the (C) Geology. SEC. 303. AGREEMENT FOR A UNITED STATES- Commission appointed by the President who (D) Proximity to mineral, timber, tourist, CANADA BILATERAL COMMISSION. is not an officer or employee of the Federal and other resources. The President is authorized and urged to Government shall be compensated at a rate (E) Market outlook. enter into an agreement with the Govern- equal to the daily equivalent of the annual (F) Environmental considerations. ment of Canada to establish an independent rate of basic pay prescribed for level IV of (G) Social effects, including changes in the joint commission to study the feasibility and the Executive Schedule under section 5315 of use or availability of natural resources. advisability of linking the rail system in title 5, United States Code, for each day (in- (H) Potential financing mechanisms. Alaska to the nearest appropriate point on cluding travel time) during which such mem- (3) ROUTE.—The Agreement should provide the North American continental rail system. ber is engaged in the performance of the du- for the Commission, upon finding that it is SEC. 304. COMPOSITION OF COMMISSION. ties of the Commission. Each such member feasible and advisable to link the rail system in Alaska as described in paragraph (1), to (a) MEMBERSHIP.— who is an officer or employee of the United determine one or more recommended routes (1) TOTAL MEMBERSHIP.—The Agreement States shall serve without compensation in should provide for the Commission to be addition to that received for services as an for the rail segment that establishes the composed of 24 members, of which 12 mem- officer or employee of the United States. linkage, taking into consideration cost, dis- bers are appointed by the President and 12 (2) TRAVEL EXPENSES.—The members of the tance, access to potential freight markets, members are appointed by the Government Commission appointed by the President shall environmental matters, existing corridors of Canada. be allowed travel expenses, including per that are already used for ground transpor- tation, the route surveyed by the Army (2) GENERAL QUALIFICATIONS.—The Agree- diem in lieu of subsistence, at rates author- ment should provide for the membership of ized for employees of agencies under sub- Corps of Engineers during World War II and the Commission, to the maximum extent chapter I of chapter 57 of title 5, United such other factors as the Commission deter- practicable, to be representative of— States Code, while away from their homes or mines relevant. (A) the interests of the local communities regular places of business in the performance (4) COMBINED CORRIDOR EVALUATION.—The (including the governments of the commu- of services for the Commission. Agreement should also provide for the Com- nities), aboriginal peoples, and businesses (c) STAFF.— mission to consider whether it would be fea- that would be affected by the connection of (1) IN GENERAL.—The Agreement should sible and advisable to combine the power the rail system in Alaska to the North provide for the appointment of a staff and an transmission infrastructure and petroleum American continental rail system; and executive director to be the head of the staff. product pipelines of other utilities into one (B) a broad range of expertise in areas of (2) COMPENSATION.—Funds made available corridor with a rail extension of the rail sys- knowledge that are relevant to the signifi- for the Commission by the United States tem of Alaska. (b) REPORT.—The Agreement should re- cant issues to be considered by the Commis- may be used to pay the compensation of the quire the Commission to submit to Congress sion, including economics, engineering, man- executive director and other personnel at and the Secretary of Transportation and to agement of resources, social sciences, fish rates fixed by the Commission that are not the Minister of Transport of the Government and game management, environmental in excess of the rate payable for level V of the Executive Schedule under section 5316 of of Canada, not later than 3 years after the sciences, and transportation. Commission commencement date, a report NITED STATES MEMBERSHIP.—If the title 5, United States Code. (b) U on the results of the study, including the United States and Canada enter into an (d) OFFICE.—The Agreement should provide for the office of the Commission to be lo- Commission’s findings regarding the feasi- agreement providing for the establishment bility and advisability of linking the rail cated in a mutually agreed location within of the Commission, the President shall ap- system in Alaska as described in subsection the impacted areas of Alaska, the Yukon point the United States members of the (a)(1) and the Commission’s recommenda- Territory, and northern British Columbia. Commission as follows: tions regarding the preferred route and any (e) MEETINGS.—The Agreement should pro- (1) Two members from among persons who alternative routes for the rail segment estab- vide for the Commission to meet at least bi- are qualified to represent the interests of lishing the linkage. communities and local governments of Alas- annually to review progress and to provide guidance to staff and others, and to hold, in SEC. 307. COMMENCEMENT AND TERMINATION ka. OF COMMISSION. locations within the affected areas of Alas- (2) One member representing the State of (a) COMMENCEMENT.—The Agreement Alaska, to be nominated by the Governor of ka, the Yukon Territory and northern Brit- should provide for the Commission to begin Alaska. ish Columbia, such additional informational to function on the date on which all mem- (3) One member from among persons who or public meetings as the Commission deems bers are appointed to the Commission as pro- are qualified to represent the interests of Na- necessary to the conduct of its business. vided for in the Agreement. tive Alaskans residing in the area of Alaska (f) PROCUREMENT OF SERVICES.—The Agree- (b) TERMINATION.—The Commission should that would be affected by the extension of ment should authorize and encourage the be terminated 90 days after the date on rail service. Commission to procure by contract, to the which the Commission submits its report (4) Three members from among persons in- maximum extent practicable, the services under section 306. volved in commercial activities in Alaska (including any temporary and intermittent SEC. 308. FUNDING. who are qualified to represent commercial services) that the Commission determines (a) RAILS TO RESOURCES FUND.—The Agree- interests in Alaska, of which one shall be a necessary for carrying out the duties of the ment should provide for the following: representative of the Alaska Railroad Cor- Commission. In the case of any contract for (1) ESTABLISHMENT.—The establishment of poration. the services of an individual, funds made an interest-bearing account to be known as (5) One member representing United States available for the Commission by the United the ‘‘Rails to Resources Fund’’. Class I rail carriers and one member rep- States may not be used to pay for the serv- (2) CONTRIBUTIONS.—The contribution by resenting United States rail labor. ices of the individual at a rate that exceeds the United States and the Government of (6) Three members with relevant expertise, the daily equivalent of the annual rate of Canada to the Fund of amounts that are suf- at least one of whom shall be an engineer basic pay prescribed for level V of the Execu- ficient for the Commission to carry out its with expertise in subarctic transportation tive Schedule under section 5316 of title 5, duties. and at least one of whom shall have exper- United States Code. (3) AVAILABILITY.—The availability of tise on the environmental impact of such SEC. 306. DUTIES. amounts in the Fund to pay the costs of transportation. (a) STUDY.— Commission activities. (c) CANADIAN MEMBERSHIP.—The Agree- (1) IN GENERAL.—The Agreement should (4) DISSOLUTION.—Dissolution of the Fund ment should provide for the Canadian mem- provide for the Commission to study and as- upon the termination of the Commission and bership of the Commission to be representa- sess, on the basis of all available relevant in- distribution of the amounts remaining in the tive of broad categories of interests of Can- formation, the feasibility and advisability of Fund between the United States and the ada as the Government of Canada determines linking the rail system in Alaska to the Government of Canada.

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(b) AUTHORIZATION OF APPROPRIATIONS.— representatives of industry, including receiv- of the Commission shall be required for any There is authorized to be appropriated to ing reports and updates from such organiza- affirmative determination by the Commis- any fund established for use by the Commis- tions and evaluating such reports. sion under section 404. sion as described in subsection (a)(1) (e) ANNUAL REPORT.—Not later than 18 SEC. 406. POWERS OF COMMISSION. $6,000,000, to remain available until ex- months after the date of the establishment (a) HEARINGS AND INVESTIGATIONS.—The pended. of the Commission, and not later than the Commission may hold such hearings, sit and SEC. 309. DEFINITIONS. end of each 12-month period thereafter, the act at such times and places, take such testi- In this title: Commission shall prepare and submit to the mony and receive such evidence, and conduct (1) AGREEMENT.—The term ‘‘Agreement’’ President and Congress a report that con- such investigations as the Commission con- means an agreement described in section 303. tains the findings of the Commission, in the siders advisable to carry out this title. case of the initial report, during the period (2) COMMISSION.—The term ‘‘Commission’’ (b) INFORMATION FROM FEDERAL AGEN- since the date of establishment of the Com- means a commission established pursuant to CIES.—The Commission may secure directly mission, or, in the case of each subsequent any Agreement. from any Federal department or agency such report, during the preceding 12-month pe- TITLE IV—PACIFIC CHARTER information as the Commission considers riod. Each such report shall contain— COMMISSION ACT OF 2000 necessary to carry out this title. Upon re- (1) recommendations for legislative, execu- quest of the Chairperson of the Commission, SEC. 401. SHORT TITLE. tive, or other actions resulting from the the head of any such department agency This title may be cited as the ‘‘Pacific evaluation of policies described in subsection shall furnish such information to the Com- Charter Commission Act of 2000’’. (c); mission as expeditiously as possible. SEC. 402. PURPOSES. (2) a description of programs, projects, and (c) CONTRIBUTIONS.—The Commission may The purposes of this title are— activities of the Commission for the prior accept, use, and dispose of gifts, bequests, or (1) to promote a consistent and coordi- year or, in the case of the initial report, devises of services or property, both real and nated foreign policy of the United States to since the date of establishment of the Com- personal, for the purpose of assisting or fa- ensure economic and military security in the mission; and cilitating the work of the Commission. Gifts, Asia-Pacific region; (3) a complete accounting of the expendi- bequests, or devises of money and proceeds (2) to support democratization, the rule of tures made by the Commission during the from sales of other property received as law, and human rights in the Asia-Pacific re- prior year or, in the case of the initial re- gifts, bequests, or devises shall be deposited gion; port, since the date of establishment of the in the Treasury and shall be available for (3) to promote United States exports to the Commission. disbursement upon order of the Commission. Asia-Pacific region by advancing economic SEC. 405. MEMBERSHIP OF COMMISSION. cooperation; (d) MAILS.—The Commission may use the (a) COMPOSITION.—If established pursuant United States mails in the same manner and (4) to assist in combating terrorism and to section 403, the Commission shall be com- the spread of illicit narcotics in the Asia-Pa- under the same conditions as other depart- posed of seven members all of whom— ments and agencies of the United States. cific region; and (1) shall be citizens of the United States (5) to advocate an active role for the who are not officers or employees of any gov- SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION. United States Government in diplomacy, se- ernment, except to the extent they are con- curity, and the furtherance of good govern- sidered such officers or employees by virtue (a) EXECUTIVE DIRECTOR.—The Commission ance and the rule of law in the Asia-Pacific of their membership on the Commission; and shall have an executive director appointed region. (2) shall have interest and expertise in by the Commission who shall serve the Com- SEC. 403. ESTABLISHMENT OF COMMISSION. issues relating to the Asia-Pacific region. mission under such terms and conditions as (a) IN GENERAL.—The President is author- (b) APPOINTMENT.— the Commission determines to be appro- ized to establish a commission to be known (1) IN GENERAL.—The individuals referred priate. as the Pacific Charter Commission (hereafter to in subsection (a) shall be appointed— (b) STAFF.—The Commission may appoint in this title referred to as the ‘‘Commis- (A) by the President, after consultation and fix the pay of such additional personnel, sion’’). with the Speaker and Minority Leader of the not to exceed 10 individuals, as it considers (b) EXPIRATION OF AUTHORITY.—The au- House of Representatives, the Chairman and appropriate. thority to establish the Commission under ranking member of the Committee on Inter- (c) STAFF OF FEDERAL AGENCIES.—Upon re- this section shall expire at the close of De- national Relations of the House of Rep- quest of the chairperson of the Commission, cember 31, 2002. resentatives, the Majority Leader and Minor- the head of any Federal agency may detail, SEC. 404. DUTIES OF COMMISSION. ity Leader of the Senate, and the Chairman on a nonreimbursable basis, any of the per- (a) DUTIES.—The Commission should estab- and ranking member of the Committee on sonnel of the agency to the Commission to lish and carry out, either directly or through Foreign Relations of the Senate; and assist the Commission in carrying out its du- nongovernmental organizations, programs, (B) by and with the advice and consent of ties under this title. projects, and activities to achieve the pur- the Senate. (d) EXPERTS AND CONSULTANTS.—The chair- poses described in section 402, including re- (2) POLITICAL AFFILIATION.—Not more than person of the Commission may procure tem- search and educational or legislative ex- four of the individuals appointed under para- porary and intermittent services under sec- changes between the United States and coun- graph (1) may be affiliated with the same po- tion 3109(b) of title 5, United States Code. tries in the Asia-Pacific region. litical party. SEC. 408. TERMINATION. (b) MONITORING OF DEVELOPMENTS.—The (c) TERM.—Each member of the Commis- The Commission shall terminate not later Commission should monitor developments in sion shall be appointed for a term of 6 years. than 6 years after the date of the establish- countries of the Asia-Pacific region with re- (d) VACANCIES.—A vacancy in the Commis- ment of the Commission. spect to United States foreign policy toward sion shall be filled in the same manner in SEC. 409. AUTHORIZATION OF APPROPRIATIONS. such countries, the status of democratiza- which the original appointment was made. tion, the rule of law and human rights in the (e) CHAIRPERSON; VICE CHAIRPERSON.—The (a) IN GENERAL.—In the event the Commis- region, economic relations among the United President shall designate a Chairperson and sion is established, there are authorized to States and such countries, and activities re- Vice Chairperson of the Commission from be appropriated to carry out this title lated to terrorism and the illicit narcotics among the members of the Commission. $2,500,000 for the initial 24-month period of trade. (f) COMPENSATION.— the existence of the Commission. (c) POLICY REVIEW AND RECOMMENDA- (1) RATES OF PAY.—Except as provided in (b) AVAILABILITY.—Amounts appropriated TIONS.—In carrying out this section, the paragraph (2), members of the Commission pursuant to the authorization of appropria- Commission should evaluate United States shall serve without pay. tions under subsection (a) are authorized to Government policies toward countries of the (2) TRAVEL EXPENSES.—Each member of the remain available until expended. Asia-Pacific region and recommend options Commission may receive travel expenses, in- SEC. 410. EFFECTIVE DATE. for policies of the United States Government cluding per diem in lieu of subsistence, in ac- This title shall take effect on February 1, with respect to such countries, with a par- cordance with sections 5702 and 5703 of title 2001. ticular emphasis on countries that are of im- 5, United States Code. TITLE V—MISCELLANEOUS PROVISIONS portance to the foreign policy, economic, (g) MEETINGS.—The Commission shall meet and military interests of the United States. at the call of the Chairperson. SEC. 501. ASSISTANCE EFFORTS IN SUDAN. (d) CONTACTS WITH OTHER ENTITIES.—In (h) QUORUM.—A majority of the members (a) ADDITIONAL AUTHORITIES.—Notwith- performing the functions described in sub- of the Commission shall constitute a standing any other provision of law, the sections (a) through (c), the Commission quorum, but a lesser number of members President is authorized to undertake appro- should, as appropriate, seek out and main- may hold hearings. priate programs using Federal agencies, con- tain contacts with nongovernmental organi- (i) AFFIRMATIVE DETERMINATIONS.—An af- tractual arrangements, or direct support of zations, international organizations, and firmative vote by a majority of the members indigenous groups, agencies, or organizations

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 26642 CONGRESSIONAL RECORD—SENATE December 14, 2000 in areas outside of control of the Govern- nancial assistance from the United States regulation, order, document, record, or other ment of Sudan in an effort to provide emer- Government; paper of the United States to the Peace gency relief, promote economic self-suffi- (2) has a successful track record and is edu- Corps World Wise Schools Program shall, on ciency, build civil authority, provide edu- cating a generation of leaders who will shape and after such date, be considered to refer to cation, enhance rule of law and the develop- and determine the future of their own soci- the Paul D. Coverdell World Wise Schools ment of judicial and legal frameworks, sup- eties; Program. port people-to-people reconciliation efforts, (3) has instilled in students in the Balkan or implement any program in support of any region of Europe the intellectual rigor of the f viable peace agreement at the local, re- American system of higher education; ORDER OF BUSINESSES gional, or national level in Sudan. (4) promotes the study and understanding (b) EXCEPTION TO EXPORT PROHIBITIONS.— of democratic governance principles; Mr. GRAMS. Mr. President, I would Notwithstanding any other provision of law, (5) maintains entrance and academic like to have the honor of concluding the prohibitions set forth with respect to standards that are exemplary and has a com- some business items. Sudan in Executive Order No. 13067 of No- mitment to providing educational opportuni- vember 3, 1997 (62 Fed. Register 59989) shall ties that is based upon merit rather than f not apply to any export from an area in solely on the ability of students to bear the INTERNATIONAL FISHERY Sudan outside of control of the Government entire cost of their education; and of Sudan, or to any necessary transaction di- (6) is a cost-effective institution of higher AGREEMENT IMPROVEMENT rectly related to that export, if the President learning and offers a high-quality education. Mr. GRAMS. Mr. President, I ask determines that the export or related trans- (b) SENSE OF CONGRESS.—It is the sense of unanimous consent that the Senate action, as the case may be, would directly Congress that the United States should as- now proceed to the consideration of sist the American University in Bulgaria to benefit the economic development of that H.R. 1653, which is at the desk. area and its people. become a self-sustaining institution of high- The PRESIDING OFFICER. The SEC. 502. AUTHORITY TO PROVIDE TOWING AS- er education in the Balkan region of Europe. SISTANCE. TITLE VI—PAUL D. COVERDELL WORLD clerk will report the bill by title. (a) FINDINGS.—Congress makes the fol- WISE SCHOOLS ACT OF 2000 The legislative clerk read as follows: lowing findings: SEC. 601. SHORT TITLE. A bill (H.R. 1653) to complete the orderly (1) The United States LST Association (in This title may be cited as the ‘‘Paul D. withdrawal of the National Oceanic and At- this section referred to as the ‘‘Association’’) Coverdell World Wise Schools Act of 2000’’. mospheric Administration from the civil ad- is a patriotic organization dedicated to hon- SEC. 602. FINDINGS. ministration of the Pribilof Islands, Alaska, oring the memories of those brave American Congress makes the following findings: and to assist in the conservation of coral servicemen who selflessly served, and often (1) Paul D. Coverdell was elected to the reefs, and for other purposes. made the ultimate sacrifice, in the defense of Georgia State Senate in 1970 and later be- There being no objection, the Senate the United States, its allies, and the prin- came Minority Leader of the Georgia State ciples of democracy and freedom. proceeded to consider the bill. Senate, a post he held for 15 years. Mr. GRAMS. Mr. President, I ask (2) The Association is currently engaged in (2) As the 11th Director of the Peace Corps efforts to return to the United States the from 1989 to 1991, Paul Coverdell’s dedication unanimous consent that the bill be former United States warship, Landing Ship to the ideals of peace and understanding read a third time and passed, the mo- Tank 325 (LST 325) to serve as a memorial to helped to shape today’s Peace Corps. tion to reconsider be laid upon the those American servicemen who went into (3) Paul D. Coverdell believed that Peace table, and any statements relating to harm’s way aboard and from such warships. Corps volunteers could not only make a dif- the bill be printed in the RECORD. (b) AUTHORIZATION.—The Secretary of the ference in the countries where they served The PRESIDING OFFICER. Without Navy is authorized to provide towing serv- but that the greatest benefit could be felt at ices from a suitable vessel of the Unites objection, it is so ordered. home. The bill (H.R. 1653) was read the third States Navy to tow the former LST 325 from (4) In 1989, Paul D. Coverdell founded the its present location, or a location to be de- Peace Corps World Wise Schools Program to time and passed. termined by the Secretary, to a port on the help fulfill the Third Goal of the Peace f East Coast of the United States to be deter- Corps, ‘‘to promote a better understanding of mined by the Secretary. The Secretary of the people served among people of the United RELIEF OF RICHARD W. the Navy may not provide such services un- States’’. SCHAFFERT less the Secretary finds that the provision of (5) The World Wise Schools Program is an such services will not interfere with military innovative education program that seeks to Mr. GRAMS. Mr. President, I ask operations, military readiness, naval force engage learners in an inquiry about the unanimous consent that the Judiciary presence requirements, or the accomplish- world, themselves, and others in order to Committee be discharged from further ment of the specific missions of the vessel broaden perspectives; promote cultural consideration of H.R. 1023, and that the providing the towing services. awareness; appreciate global connections; Senate proceed to its immediate con- (c) LIMITATIONS.—The services authorized and encourage service. sideration. by subsection (b) may not be provided except (6) In a world that is increasingly inter- as part of a regular rotation of the vessel The PRESIDING OFFICER. Without dependent and ever changing, the World Wise objection, it is so ordered. providing the services back to the United Schools Program pays tribute to Paul D. States. Such services may be provided only Coverdell’s foresight and leadership. In the The clerk will report the bill by title. after— words of one World Wise Schools teacher, The legislative clerk read as follows: (1) the former LST 325 has been determined ‘‘It’s a teacher’s job to touch the future of a A bill (H.R. 1023) for relief of Richard W. by a professional marine survey or by the child; it’s the Peace Corps’ job to touch the Schaffert. United States Coast Guard to be seaworthy future of the world. What more perfect part- for towing and meeting requirements for There being no objection, the Senate nership.’’. proceeded to consider the bill. entry into a United States port; and (7) Paul D. Coverdell served in the United (2) the Association has named the United States Senate from the State of Georgia AMENDMENT NO. 4362 States Navy as an additional insured party from 1993 until his sudden death on July 18, Mr. GRAMS. Mr. President, Senator to the tow hull policy covering the former 2000. DURBIN has an amendment at the desk. LST 325, including a waiver of subrogation. (8) Senator Paul D. Coverdell was beloved The PRESIDING OFFICER. The (d) ADDITIONAL TERMS AND CONDITIONS.— by his colleagues for his civility, bipartisan The Secretary of Navy may require such ad- clerk will report. efforts, and his dedication to public service. The legislative clerk read as follows: ditional terms and conditions in connection SEC. 603. DESIGNATION OF PAUL D. COVERDELL with the provision of towing services under WORLD WISE SCHOOLS PROGRAM. The Senator from Minnesota (Mr. GRAMS), this section as the Secretary considers ap- (a) IN GENERAL.—Effective on the date of for Mr. DURBIN, proposes an amendment propriate to protect the interests of the enactment of this Act, the program under numbered 4362. United States. section 18 of the Peace Corps Act (22 U.S.C. Mr. GRAMS. Mr. President, I ask SEC. 503. SENSE OF CONGRESS ON THE AMER- 2517) referred to before such date as the unanimous consent that reading of the ICAN UNIVERSITY IN BULGARIA. ‘‘World Wise Schools Program’’ is redesig- amendment be dispensed with. (a) FINDINGS.—Congress finds that the nated as the ‘‘Paul D. Coverdell World Wise American University in Bulgaria— Schools Program’’. The PRESIDING OFFICER. Without (1) is a fine educational institution that (b) REFERENCES.—Any reference before the objection, it is so ordered. has received generous and well-deserved fi- date of enactment of this Act in any law, The amendment is as follows:

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26643 (Purpose: To provide for the relief of Valdas proceed to the consideration of Cal- ‘‘DUTIES AND RESPONSIBILITIES; REPORT OF Adamkus, President of the Republic of endar No. 919, S. 870. CRIMINAL VIOLATIONS TO ATTORNEY GENERAL; Lithuania) EXTERNAL REVIEWS’’. The PRESIDING OFFICER. The At the appropriate place, insert the fol- clerk will report the bill by title. SEC. 4. ANNUAL REPORTS. lowing: (a) IN GENERAL.—Section 5(a) of the Inspector The legislative clerk read as follows: SEC. ll. PRIVATE RELIEF PROVISION. General Act of 1978 (5 U.S.C. App.) is amend- Notwithstanding any other provision of A bill (S. 870) to amend the Inspector Gen- ed— law, the renunciation of United States citi- eral Act of 1978 (5 U.S.C. App.) to increase (1) by striking the first sentence and inserting zenship by Valdas Adamkus on February 25, the efficiency and accountability of Offices ‘‘Each Inspector General shall, not later than 1998, in order to become the President of the of Inspector General within Federal depart- October 31 of each year, prepare annual reports Republic of Lithuania shall not— ments, and for other purposes, which had summarizing the activities and accomplishments (1) be treated under any Federal law as been reported from the Committee on Gov- of the Office during the immediately preceding having as one of its purposes the avoidance ernmental Affairs, with an amendment; as 12-month period ending September 30.’’; of any Federal tax, follows: (2) by striking paragraphs (1) through (12) and inserting the following: (2) result in the denial of any benefit under [Strike out all after the enacting title II or XVIII of the Social Security Act, ‘‘(1) a summary of the program areas within or under title 5, United States Code, or clause and insert the part printed in the establishment identified by the Inspector (3) result in any restriction on the right of italic.] General as high risk because of vulnerabilities Valdas Adamkus to travel or be admitted to SECTION 1. SHORT TITLE. to waste, fraud, abuse, and mismanagement; the United States. ‘‘(2) a description of the most significant au- This Act may be cited as the ‘‘Inspector Gen- dits, investigations (administrative, civil, and Mr. GRAMS. Mr. President, I ask eral Act Amendments of 2000’’. criminal), and evaluations and inspections com- unanimous consent that the amend- SEC. 2. PROHIBITION OF CASH BONUS OR pleted during the reporting period; ment be agreed to, the bill be consid- AWARDS. ‘‘(3) a summary of each report made to the ered read a third time and passed, the Section 3 of the Inspector General Act of 1978 head of the establishment under section 6(b)(2) motion to reconsider be laid upon the (5 U.S.C. App.) is amended by adding at the end during the reporting period; table, and any statements relating to the following: ‘‘(4) a table showing— ‘‘(A)(i) the total number of final audit reports the bill be printed in the RECORD. ‘‘(e) An Inspector General (as defined under issued by the Office of Inspector General; and The PRESIDING OFFICER. Without section 8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, including any cash ‘‘(ii) the financial benefits associated with the objection, it is so ordered. reports segregated by category, such as budget The amendment (No. 4362) was agreed award under chapter 45 of title 5, United States Code.’’. reductions, costs avoided, questioned costs, and to. revenue enhancements; and The bill (H.R. 1023), as amended, was SEC. 3. EXTERNAL REVIEWS. ‘‘(B) corrective actions taken and program im- read the third time and passed. (a) IN GENERAL.—Section 4 of the Inspector provements made during the reporting period in General Act of 1978 (5 U.S.C. App.) is amended response to either an Office of Inspector General f by inserting at the end the following: audit finding or recommendation (excluding any GEORGE ATLEE GOODLING POST ‘‘(e)(1)(A) Not less than every 3 years an ex- recommendation included under subparagraph OFFICE BUILDING ternal review shall be conducted of each Office (A) with respect to such corrective actions); defined under sections 11(4) and 8G(a)(5). ‘‘(5) a table showing— ‘‘(B) The Inspector General of each Office de- ‘‘(A) the judicial and administrative actions associated with investigations conducted by the J.T. WEEKER SERVICE CENTER fined under sections 11(4) and 8G(5) shall ar- range with the General Accounting Office or an Office of Inspector General; Mr. GRAMS. Mr. President, I ask appropriate private entity for the conduct of the ‘‘(B) the number of— unanimous consent that the Senate review. ‘‘(i) cases referred for criminal prosecution, civil remedies, or administrative actions; proceed to the consideration of the ‘‘(C) If an Inspector General contracts with a ‘‘(ii) cases presented but declined for prosecu- Post Office naming bills, H.R. 5210 and private entity for a review under this sub- tion, segregated by criminal and civil; section, the private entity shall be contracted in H.R. 5016, en bloc. ‘‘(iii) cases accepted for prosecution (both accordance with section 303 of the Federal Prop- The PRESIDING OFFICER (Mr. FITZ- Federal and State), segregated by criminal and erty and Administrative Services Act of 1949 (41 GERALD). The clerk will report the civil; bills. U.S.C. 253). ‘‘(iv) defendants indicted; The legislative clerk read as follows: ‘‘(2) At a minimum, an external review under ‘‘(v) defendants convicted; this subsection shall evaluate whether the Of- A bill (H.R. 5210) to designate the facility ‘‘(vi) defendants acquitted or charges dis- fice of Inspector General properly manages and missed after indictment; of the United States Postal Service located controls— at 200 South George Street in York, Pennsyl- ‘‘(vii) defendants sentenced to terms of impris- vania, as the ‘‘George Atlee Goodling Post ‘‘(A) contracts awarded by the Office of In- onment; Office Building’’; spector General, including a determination of ‘‘(viii) defendants sentenced to terms of proba- A bill (H.R. 5016) to redesignate the facility whether— tion; and of the United States Postal Service located ‘‘(i) procedures used to procure contracts are ‘‘(ix) suspensions, disbarments, exclusions, at 514 Express Center Road in Chicago, Illi- in accordance with applicable laws and regula- sanctions, or some other similar administrative nois, as the ‘‘J.T. Weeker Service Center.’’ tions; and action; and ‘‘(C) the total amount of fines, restitutions, There being no objection, the Senate ‘‘(ii) costs incurred are reasonable and allow- able under the terms of each contract; and recoveries; proceeded to consider the bills. ‘‘(6) a description of the organization and ‘‘(B) appropriated funds, including a deter- Mr. GRAMS. Mr. President, I ask management structure of the Office of Inspector mination of whether training and travel funds General, including— unanimous consent that the bills be are expended in accordance with applicable ‘‘(A) an organization chart showing the major read the third time and passed, the mo- laws and regulations; and components of the Office; tions to reconsider be laid upon the ‘‘(C) personnel actions, including a deter- table, and any statements relating to ‘‘(B) a statistical table showing the number of mination of whether hiring and promotion prac- authorized full-time equivalent positions seg- these bills be printed in the RECORD, tices used and performance awards issued are in regated by component and by headquarters and with the above all occurring en bloc. accordance with applicable laws and regula- field office; and The PRESIDING OFFICER. Without tions. ‘‘(C) the amount of funding received in prior objection, it is so ordered. ‘‘(3) Not later than 30 calendar days after the and current fiscal years; The bills (H.R. 5210 and H.R. 5016) completion of an external review, a report of the ‘‘(7) a table showing— were read the third time and passed. results shall be submitted to the head of the es- ‘‘(A) the number of contracts, and associated tablishment and simultaneously to the appro- dollar value, awarded on a noncompetitive basis f priate committees or subcommittees of Con- by the Office of Inspector General; and INSPECTOR GENERAL ACT gress.’’. ‘‘(B) with respect to any individual contract AMENDMENTS OF 2000 (b) TECHNICAL AND CONFORMING AMEND- valued over $100,000, awarded on a noncompeti- MENT.—The section heading for section 4 of the tive basis— Mr. GRAMS. Mr. President, I ask Inspector General Act of 1978 (5 U.S.C. App.) is ‘‘(i) the name of the contractor; unanimous consent that the Senate amended to read as follows: ‘‘(ii) statement of work;

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 6333 E:\BR00\S14DE0.001 S14DE0 26644 CONGRESSIONAL RECORD—SENATE December 14, 2000 ‘‘(iii) the time period of the contract; and (B) in subsection (c)— ‘‘Inspector General, Department of Defense. ‘‘(iv) the dollar amount of the contract; (i) in the first sentence by striking ‘‘semi- ‘‘Inspector General, Department of State. ‘‘(8)(A) a summary of each audit report issued annual’’ and inserting ‘‘annual’’; and ‘‘Inspector General, Department of Commerce. in previous reporting periods for which no man- (ii) in the second sentence by striking ‘‘semi- ‘‘Inspector General, Department of the Inte- agement decision has been made by the end of annual’’ and inserting ‘‘annual’’. rior. the reporting period (including the date and (3) Section 8(f) of the Inspector General Act of ‘‘Inspector General, Department of Justice. title of each such report); 1978 (5 U.S.C. App.) is amended by striking ‘‘Inspector General, Department of the Treas- ‘‘(B) an explanation of the reasons such man- ‘‘semiannual’’ and inserting ‘‘annual’’. ury. agement decision has not been made; and (4) Section 8A(c) of the Inspector General Act ‘‘Inspector General, Agency for International ‘‘(C) a statement concerning the desired time- of 1978 (5 U.S.C. App.) is amended by striking Development. table for achieving a management decision on ‘‘semiannual’’ and inserting ‘‘annual’’. ‘‘Inspector General, Corporation for Commu- each such report;’’; SEC. 5. INSPECTORS GENERAL AT LEVEL III OF nity and National Service. (3) by redesignating paragraph (13) as para- EXECUTIVE SCHEDULE. ‘‘Inspector General, Environmental Protection graph (9); (a) LEVEL IV POSITIONS.—Section 5315 of title Agency. (4) in paragraph (9) (as redesignated by para- 5, United States Code, is amended by striking ‘‘Inspector General, Federal Emergency Man- graph (3) of this subsection)— each item relating to the following positions: agement Agency. (A) by striking ‘‘section 05(b)’’ and inserting (1) Inspector General, Department of Edu- ‘‘Inspector General, General Services Adminis- ‘‘section 804(b)’’; and cation. tration. (B) by striking the period and inserting a (2) Inspector General, Department of Energy. ‘‘Inspector General, National Aeronautics and semicolon and ‘‘and’’; and (3) Inspector General, Department of Health Space Administration. (5) by adding at the end the following new and Human Services. ‘‘Inspector General, Nuclear Regulatory Com- paragraph: (4) Inspector General, Department of Agri- mission. ‘‘(10) any other information that the Inspector culture. ‘‘Inspector General, Office of Personnel Man- General determines appropriate to include in the (5) Inspector General, Department of Housing agement. annual report.’’. and Urban Development. ‘‘Inspector General, Railroad Retirement (b) SEMIANNUAL REPORTS.—Section 5 of the (6) Inspector General, Department of Labor. Board. Inspector General Act of 1978 (5 U.S.C. App.) is (7) Inspector General, Department of Trans- ‘‘Inspector General, Small Business Adminis- amended— portation. tration. (1) by redesignating subsection (f) as sub- (8) Inspector General, Department of Veterans ‘‘Inspector General, Federal Deposit Insur- section (g); and Affairs. ance Corporation. (2) by inserting after subsection (e) the fol- (9) Inspector General, Department of Defense. ‘‘Inspector General, Central Intelligence lowing: (10) Inspector General, United States Informa- Agency. ‘‘(f)(1) Subject to paragraph (4), in addition to tion Agency. ‘‘Inspector General, Social Security Adminis- any annual report required to be furnished and (11) Inspector General, Department of State. tration. transmitted under subsection (b), an Inspector (12) Inspector General, Department of Com- ‘‘Inspector General, United States Postal Serv- General shall prepare and submit a report de- merce. ice.’’. scribed under paragraph (2) to— (13) Inspector General, Department of the In- (c) SAVINGS PROVISION.—Nothing in this sec- ‘‘(A) the applicable congressional committee, terior. tion shall have the effect of reducing the rate of if the chairman or ranking member of a congres- (14) Inspector General, Department of Justice. pay of any individual serving as an Inspector sional committee with appropriate jurisdiction (15) Inspector General, Department of the General on the effective date of this section. submits a written request to such Inspector Gen- Treasury. SEC. 6. STUDY AND REPORT ON CONSOLIDATION (16) Inspector General, Agency for Inter- eral; or OF INSPECTOR GENERAL OFFICES. national Development. ‘‘(B) to the Comptroller General of the United (a) STUDY.—The Comptroller General shall— (17) Inspector General, Environmental Protec- States if the Comptroller General submits a writ- (1) develop criteria for determining whether tion Agency. ten request to such Inspector General. the consolidation of Federal Inspector General (18) Inspector General, Federal Emergency ‘‘(2) A report referred to under paragraph (1) offices would be cost-efficient and in the public Management Agency. shall— interest; and (19) Inspector General, General Services Ad- ‘‘(A) contain the information required for an (2) conduct a study of Federal Inspector Gen- ministration. annual report under subsection (a); and eral offices using the criteria developed under (20) Inspector General, National Aeronautics ‘‘(B) summarize the activities of the Office paragraph (1) to determine whether any such and Space Administration. offices should be consolidated. during the 6-month period ending on March 31 (21) Inspector General, Nuclear Regulatory of the calendar year following the date on (b) REPORT TO CONGRESS.—Not later than 180 Commission. days after the date of enactment of this Act, the which the request is made. (22) Inspector General, Office of Personnel ‘‘(3) A report under this subsection shall be Comptroller General shall submit a report to Management. Congress containing recommendations for any submitted on April 30 of the calendar year fol- (23) Inspector General, Railroad Retirement lowing the date on which the request is made. legislative action, based on the study conducted Board. under paragraph (2). ‘‘(4) An Inspector General shall not be re- (24) Inspector General, Small Business Admin- quired to submit a report under this subsection istration. There being no objection, the Senate if the written request for such report is sub- (25) Inspector General, Federal Deposit Insur- proceeded to consider the bill. mitted to the Inspector General after November ance Corporation. AMENDMENT NO. 4363 30 of the calendar year preceding the date on (26) Inspector General, Resolution Trust Cor- Mr. GRAMS. Also, Mr. President, which the report is otherwise required to be sub- poration. mitted to a congressional committee or the (27) Inspector General, Central Intelligence Senator COLLINS has an amendment at Comptroller General.’’. Agency. the desk, and I ask for its consider- (c) SUBMISSION OF OTHER REPORTS.—Nothing (28) Inspector General, Social Security Admin- ation. in the amendments made by this section shall be istration. The PRESIDING OFFICER. The construed to limit an Inspector General from (29) Inspector General, United States Postal clerk will report. submitting any report containing in whole or Service. The legislative clerk read as follows: part information required in an annual or semi- (b) LEVEL III POSITIONS.—Section 5314 of title The Senator from Minnesota [Mr. GRAMS], annual report furnished and transmitted under 5, United States Code, is amended by adding at for Ms. COLLINS, proposes an amendment section 5 of the Inspector General Act of 1978 (5 the end the following: U.S.C. App.) to Congress more frequently than ‘‘Inspector General, Department of Education. numbered 4363. on an annual or semiannual basis. ‘‘Inspector General, Department of Energy. Mr. GRAMS. I ask unanimous con- (d) TECHNICAL AND CONFORMING AMEND- ‘‘Inspector General, Department of Health sent reading of the amendment be dis- MENTS.— and Human Services. pensed with. (1) Section 4(a)(2) of the Inspector General Act ‘‘Inspector General, Department of Agri- The PRESIDING OFFICER. Without of 1978 (5 U.S.C. App.) is amended by striking culture. ‘‘semiannual’’ and inserting ‘‘annual’’. ‘‘Inspector General, Department of Housing objection, it is so ordered. (2) Section 5 of the Inspector General Act of and Urban Development. The amendment is as follows: 1978 (5 U.S.C. App.) is amended— ‘‘Inspector General, Department of Labor. On page 23, line 18, strike ‘‘inserting’’ and (A) in subsection (b)— ‘‘Inspector General, Department of Transpor- insert ‘‘adding’’. (i) by striking ‘‘Semiannual’’ and inserting tation. On page 23, lines 21 and 22, strike ‘‘defined ‘‘Annual’’; and ‘‘Inspector General, Department of Veterans under sections 11(4) and 8G(a)(5)’’ and insert (ii) by striking ‘‘April 30 and’’; and Affairs. ‘‘(as defined under section 8G(a)(5) or 11(4))’’.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26645 On page 23, lines 23 and 24, strike ‘‘defined ‘‘(A) contracts awarded by the Office, in- ‘‘(vi) defendants acquitted or charges dis- under sections 11(4) and 8G(a)(5)’’ and insert cluding a determination of whether— missed after indictment; ‘‘(as defined under section 8G(a)(5) or 11(4))’’. ‘‘(i) procedures used to procure contracts ‘‘(vii) defendants sentenced to terms of im- On page 24, lines 9 and 10, strike ‘‘of Inspec- are in accordance with applicable laws and prisonment; tor General’’. regulations; and ‘‘(viii) defendants sentenced to terms of On page 24, lines 11 and 12, strike ‘‘of In- ‘‘(ii) costs incurred are reasonable and al- probation; and spector General’’. lowable under the terms of each contract; ‘‘(ix) suspensions, disbarments, exclusions, On page 25, line 16, strike ‘‘annual reports’’ ‘‘(B) appropriated funds, including a deter- sanctions, or some other similar administra- and insert ‘‘an annual report’’. mination of whether training and travel tive action; and On page 32, strike lines 8 through 10. funds are expended in accordance with appli- ‘‘(C) the total amount of fines, restitu- On page 34, insert between lines 18 and 19 cable laws and regulations; and tions, and recoveries; the following: ‘‘(C) personnel actions, including a deter- ‘‘(6) a description of the organization and (30) Inspector General, Tennessee Valley mination of whether hiring and promotion management structure of the Office of In- Authority. practices used and performance awards spector General, including— On page 36, line 16, strike the quotation issued are in accordance with applicable laws ‘‘(A) an organization chart showing the marks and second period. and regulations. major components of the Office; On page 36, insert between lines 16 and 17 ‘‘(3) Not later than 30 calendar days after ‘‘(B) a statistical table showing the num- the following: the completion of an external review, a re- ber of authorized full-time equivalent posi- ‘‘Inspector General, Tennessee Valley Au- port of the results shall be submitted to the tions segregated by component and by head- thority.’’. head of the establishment and simulta- quarters and field office; and On page 36, line 23, insert ‘‘of the United neously to the appropriate committees or States’’ after ‘‘Comptroller General’’. ‘‘(C) the amount of funding received in subcommittees of Congress.’’. prior and current fiscal years; On page 37, line 12, strike ‘‘paragraph (2)’’ (b) TECHNICAL AND CONFORMING AMEND- and insert ‘‘subsection (a)’’. ‘‘(7) a table showing— MENT.—The section heading for section 4 of ‘‘(A) the number of contracts, and associ- Mr. GRAMS. Mr. President, I ask the Inspector General Act of 1978 (5 U.S.C. ated dollar value, awarded on a noncompeti- unanimous consent the amendment be App.) is amended to read as follows: tive basis by the Office of Inspector General; agreed to, the committee amendment ‘‘DUTIES AND RESPONSIBILITIES; REPORT OF and in the nature of a substitute, as amend- CRIMINAL VIOLATIONS TO ATTORNEY GEN- ‘‘(B) with respect to any individual con- ed, be agreed to, the bill be read the ERAL; EXTERNAL REVIEWS’’. tract valued over $100,000, awarded on a non- third time and passed, the motion to SEC. 4. ANNUAL REPORTS. competitive basis— reconsider be laid upon the table, and (a) IN GENERAL.—Section 5(a) of the Inspec- ‘‘(i) the name of the contractor; tor General Act of 1978 (5 U.S.C. App.) is ‘‘(ii) statement of work; any statements referring to the bill be amended— ‘‘(iii) the time period of the contract; and printed in the RECORD. (1) by striking the first sentence and in- ‘‘(iv) the dollar amount of the contract; The PRESIDING OFFICER. Without serting ‘‘Each Inspector General shall, not ‘‘(8)(A) a summary of each audit report objection, it is so ordered. later than October 31 of each year, prepare issued in previous reporting periods for The amendment (No. 4363) was agreed an annual report summarizing the activities which no management decision has been to. and accomplishments of the Office during made by the end of the reporting period (in- The committee amendment in the the immediately preceding 12-month period cluding the date and title of each such re- nature of a substitute, as amended, was ending September 30.’’; port); agreed to. (2) by striking paragraphs (1) through (12) ‘‘(B) an explanation of the reasons such The bill (S. 870), as amended, was and inserting the following: management decision has not been made; ‘‘(1) a summary of the program areas with- and considered read the third time and in the establishment identified by the In- ‘‘(C) a statement concerning the desired passed, as follows: spector General as high risk because of timetable for achieving a management deci- S. 870 vulnerabilities to waste, fraud, abuse, and sion on each such report;’’; Be it enacted by the Senate and House of Rep- mismanagement; (3) by redesignating paragraph (13) as para- resentatives of the United States of America in ‘‘(2) a description of the most significant graph (9); Congress assembled, audits, investigations (administrative, civil, (4) in paragraph (9) (as redesignated by SECTION 1. SHORT TITLE. and criminal), and evaluations and inspec- paragraph (3) of this subsection)— This Act may be cited as the ‘‘Inspector tions completed during the reporting period; (A) by striking ‘‘section 05(b)’’ and insert- General Act Amendments of 2000’’. ‘‘(3) a summary of each report made to the ing ‘‘section 804(b)’’; and SEC. 2. PROHIBITION OF CASH BONUS OR head of the establishment under section (B) by striking the period and inserting a AWARDS. 6(b)(2) during the reporting period; semicolon and ‘‘and’’; and Section 3 of the Inspector General Act of ‘‘(4) a table showing— (5) by adding at the end the following new 1978 (5 U.S.C. App.) is amended by adding at ‘‘(A)(i) the total number of final audit re- paragraph: the end the following: ports issued by the Office of Inspector Gen- ‘‘(10) any other information that the In- ‘‘(e) An Inspector General (as defined under eral; and spector General determines appropriate to section 8G(a)(6) or 11(3)) may not receive any ‘‘(ii) the financial benefits associated with include in the annual report.’’. cash award or cash bonus, including any cash the reports segregated by category, such as (b) SEMIANNUAL REPORTS.—Section 5 of the award under chapter 45 of title 5, United budget reductions, costs avoided, questioned Inspector General Act of 1978 (5 U.S.C. App.) States Code.’’. costs, and revenue enhancements; and is amended— SEC. 3. EXTERNAL REVIEWS. ‘‘(B) corrective actions taken and program (1) by redesignating subsection (f) as sub- (a) IN GENERAL.—Section 4 of the Inspector improvements made during the reporting pe- section (g); and General Act of 1978 (5 U.S.C. App.) is amend- riod in response to either an Office of Inspec- (2) by inserting after subsection (e) the fol- ed by adding at the end the following: tor General audit finding or recommendation lowing: ‘‘(e)(1)(A) Not less than every 3 years an (excluding any recommendation included ‘‘(f)(1) Subject to paragraph (4), in addition external review shall be conducted of each under subparagraph (A) with respect to such to any annual report required to be furnished Office (as defined under section 8G(a)(5) or corrective actions); and transmitted under subsection (b), an In- 11(4)). ‘‘(5) a table showing— spector General shall prepare and submit a ‘‘(B) The Inspector General of each Office ‘‘(A) the judicial and administrative ac- report described under paragraph (2) to— (as defined under section 8G(a)(5) or 11(4)) tions associated with investigations con- ‘‘(A) the applicable congressional com- shall arrange with the General Accounting ducted by the Office of Inspector General; mittee, if the chairman or ranking member Office or an appropriate private entity for ‘‘(B) the number of— of a congressional committee with appro- the conduct of the review. ‘‘(i) cases referred for criminal prosecu- priate jurisdiction submits a written request ‘‘(C) If an Inspector General contracts with tion, civil remedies, or administrative ac- to such Inspector General; or a private entity for a review under this sub- tions; ‘‘(B) to the Comptroller General of the section, the private entity shall be con- ‘‘(ii) cases presented but declined for pros- United States if the Comptroller General tracted in accordance with section 303 of the ecution, segregated by criminal and civil; submits a written request to such Inspector Federal Property and Administrative Serv- ‘‘(iii) cases accepted for prosecution (both General. ices Act of 1949 (41 U.S.C. 253). Federal and State), segregated by criminal ‘‘(2) A report referred to under paragraph ‘‘(2) At a minimum, an external review and civil; (1) shall— under this subsection shall evaluate whether ‘‘(iv) defendants indicted; ‘‘(A) contain the information required for the Office properly manages and controls— ‘‘(v) defendants convicted; an annual report under subsection (a); and

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‘‘(B) summarize the activities of the Office (17) Inspector General, Environmental Pro- (c) SAVINGS PROVISION.—Nothing in this during the 6-month period ending on March tection Agency. section shall have the effect of reducing the 31 of the calendar year following the date on (18) Inspector General, Federal Emergency rate of pay of any individual serving as an which the request is made. Management Agency. Inspector General on the effective date of ‘‘(3) A report under this subsection shall be (19) Inspector General, General Services this section. submitted on April 30 of the calendar year Administration. SEC. 6. STUDY AND REPORT ON CONSOLIDATION following the date on which the request is (20) Inspector General, National Aero- OF INSPECTOR GENERAL OFFICES. made. nautics and Space Administration. (a) STUDY.—The Comptroller General of ‘‘(4) An Inspector General shall not be re- (21) Inspector General, Nuclear Regulatory the United States shall— quired to submit a report under this sub- Commission. (1) develop criteria for determining wheth- section if the written request for such report (22) Inspector General, Office of Personnel er the consolidation of Federal Inspector is submitted to the Inspector General after Management. General offices would be cost-efficient and in November 30 of the calendar year preceding (23) Inspector General, Railroad Retire- the public interest; and the date on which the report is otherwise re- ment Board. (2) conduct a study of Federal Inspector quired to be submitted to a congressional (24) Inspector General, Small Business Ad- General offices using the criteria developed committee or the Comptroller General.’’. ministration. under paragraph (1) to determine whether (c) SUBMISSION OF OTHER REPORTS.—Noth- (25) Inspector General, Federal Deposit In- ing in the amendments made by this section any such offices should be consolidated. surance Corporation. (b) REPORT TO CONGRESS.—Not later than shall be construed to limit an Inspector Gen- (26) Inspector General, Resolution Trust eral from submitting any report containing 180 days after the date of enactment of this Corporation. Act, the Comptroller General shall submit a in whole or part information required in an (27) Inspector General, Central Intelligence annual or semiannual report furnished and report to Congress containing recommenda- Agency. tions for any legislative action, based on the transmitted under section 5 of the Inspector (28) Inspector General, Social Security Ad- General Act of 1978 (5 U.S.C. App.) to Con- study conducted under subsection (a). ministration. gress more frequently than on an annual or (29) Inspector General, United States Post- f semiannual basis. al Service. (d) TECHNICAL AND CONFORMING AMEND- ORDERS FOR FRIDAY, DECEMBER (30) Inspector General, Tennessee Valley MENTS.— 15, 2000 Authority. (1) Section 4(a)(2) of the Inspector General (b) LEVEL III POSITIONS.—Section 5314 of Mr. GRAMS. Mr. President, I ask Act of 1978 (5 U.S.C. App.) is amended by title 5, United States Code, is amended by unanimous consent that when the Sen- striking ‘‘semiannual’’ and inserting ‘‘an- adding at the end the following: ate completes its business today, it re- nual’’. ‘‘Inspector General, Department of Edu- (2) Section 5 of the Inspector General Act cess until the hour of 12 noon on Fri- cation. day, December 15. I further ask consent of 1978 (5 U.S.C. App.) is amended— ‘‘Inspector General, Department of Energy. (A) in subsection (b)— ‘‘Inspector General, Department of Health that on Friday, immediately following (i) by striking ‘‘Semiannual’’ and inserting and Human Services. the prayer, the Journal of proceedings ‘‘Annual’’; and ‘‘Inspector General, Department of Agri- be approved to date, the time for the (ii) by striking ‘‘April 30 and’’; and culture. two leaders be reserved for their use (B) in subsection (c)— ‘‘Inspector General, Department of Hous- later in the day, and the Senate then (i) in the first sentence by striking ‘‘semi- ing and Urban Development. annual’’ and inserting ‘‘annual’’; and begin a period of morning business ‘‘Inspector General, Department of Labor. until 1 o’clock, with Senators speaking (ii) in the second sentence by striking ‘‘Inspector General, Department of Trans- ‘‘semiannual’’ and inserting ‘‘annual’’. portation. for up to 10 minutes each, with the (3) Section 8(f) of the Inspector General ‘‘Inspector General, Department of Vet- time equally divided in the usual form. Act of 1978 (5 U.S.C. App.) is amended by erans Affairs. The PRESIDING OFFICER. Without striking ‘‘semiannual’’ and inserting ‘‘an- ‘‘Inspector General, Department of De- objection, it is so ordered. nual’’. fense. f SEC. 5. INSPECTORS GENERAL AT LEVEL III OF ‘‘Inspector General, Department of State. EXECUTIVE SCHEDULE. ‘‘Inspector General, Department of Com- PROGRAM (a) LEVEL IV POSITIONS.—Section 5315 of merce. title 5, United States Code, is amended by Mr. GRAMS. Mr. President, for the ‘‘Inspector General, Department of the In- information of all Senators, the Senate striking each item relating to the following terior. positions: ‘‘Inspector General, Department of Justice. will convene at noon tomorrow. Fol- (1) Inspector General, Department of Edu- ‘‘Inspector General, Department of the lowing approximately an hour of morn- cation. Treasury. ing business, the Senate will begin con- (2) Inspector General, Department of En- ‘‘Inspector General, Agency for Inter- sideration of the final appropriations ergy. national Development. bill if it has been received from the (3) Inspector General, Department of ‘‘Inspector General, Corporation for Com- House. A vote is expected on the bill Health and Human Services. munity and National Service. shortly after the morning hour, with (4) Inspector General, Department of Agri- ‘‘Inspector General, Environmental Protec- culture. tion Agency. the sine die adjournment to occur (5) Inspector General, Department of Hous- ‘‘Inspector General, Federal Emergency shortly after that. ing and Urban Development. Management Agency. f (6) Inspector General, Department of ‘‘Inspector General, General Services Ad- Labor. ministration. ORDER FOR ADJOURNMENT (7) Inspector General, Department of ‘‘Inspector General, National Aeronautics Mr. GRAMS. If there is no further Transportation. and Space Administration. business to come before the Senate, I (8) Inspector General, Department of Vet- ‘‘Inspector General, Nuclear Regulatory now ask unanimous consent that the erans Affairs. Commission. Senate stand in recess under the pre- (9) Inspector General, Department of De- ‘‘Inspector General, Office of Personnel fense. Management. vious order, following the remarks of (10) Inspector General, United States Infor- ‘‘Inspector General, Railroad Retirement Senator BYRD of West Virginia. mation Agency. Board. The PRESIDING OFFICER. Without (11) Inspector General, Department of ‘‘Inspector General, Small Business Ad- objection, it is so ordered. State. ministration. The Senator from West Virginia is (12) Inspector General, Department of Com- ‘‘Inspector General, Federal Deposit Insur- recognized. merce. ance Corporation. Mr. BYRD. Mr. President, I thank (13) Inspector General, Department of the ‘‘Inspector General, Central Intelligence the Chair. Interior. Agency. (14) Inspector General, Department of Jus- ‘‘Inspector General, Social Security Ad- f tice. ministration. PROPER SENATE PROCEDURE (15) Inspector General, Department of the ‘‘Inspector General, United States Postal Treasury. Service. Mr. BYRD. Mr. President, I com- (16) Inspector General, Agency for Inter- ‘‘Inspector General, Tennessee Valley Au- pliment the Chair on the expert han- national Development. thority.’’. dling of the disposition of the various

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26647 and sundry requests that have been instincts or her boundless energy. She tory. In the history of this great Re- made by the very distinguished Sen- is that rare breed of Senate staffer, public—I do not speak of it as a democ- ator. I want to compliment, also, the seemingly born for the job and eager to racy, I speak of it as a Republic; as a Parliamentarian. It was a joy to hear do it. Moreover, as anyone who knows representative democracy, yes—in the the Chair intervene at the right place Lisa can attest, she is resolute, history of this great Republic, there and to say the right things for the unflappable, and unfailingly cheerful. I have only been 1,853 men and women RECORD. I saw that he was being guided have seldom seen her discouraged, and who have served here since April 6 of by the Parliamentarian. So much of there is literally no task that she will 1789. In January 2001, that number will the time, I think we do our work in a not assume with relish, and always un- rise to 1,864. These names can be found rather shoddy fashion here. I am glad failing in her courtesy. I shall miss her. listed in rank order, a list that is im- to see the Parliamentarian very alert, She has the soul of a gardener. It is mutable and irreplaceable. watching, listening, and prompting the a hobby at which she excels. She is a More than that, each Senator be- Chair. That is the way it should be so cultivator of beauty and a nurturer of comes a part of the institution of the the RECORD will read today in such a growth. I am speaking not only with Senate. Each Member’s actions help to manner as will make us proud. Some- respect to plants and flowers and, yes, shape the precedents and the practices times, I guess, we forget that future crops; but I am speaking also with ref- of the Senate, just as a Member’s generations will be reading the erence to other individuals. For my amendments, bills, and votes shape the RECORD. Not only that, but we Sen- other employees, she has been an inspi- legislative history of the land. The sin- ators should learn as well how to han- ration as well. The young staffers gular honor of serving in the United dle these matters. It does me good to whom she has so carefully tended and States Senate leaves its mark on each see a Chair who is alert and a Parlia- so artfully encouraged have blossomed, Member. I am tempted to say that each mentarian who is alert. blossomed like the daffodils, blossomed Member leaves his or her mark on the Senate, but that would not be accu- f under Lisa’s tutelage. She has gra- ciously focused her sunshine upon rate. Few Senators perhaps leave their LISA TUITE them all, upon all who work with her. mark on the Senate, but the Senate Mr. BYRD. Mr. President, once in a Alas, as all good things come to an leaves its mark, unblemished, while an individual comes along who end, at least all things that are mortal, unstained, on the life of every Member. shines with such a special light that it Lisa will be leaving my staff to spend I wish today to speak of two of these illuminates the darkness for others. I more time with her husband Jim, her departing Senators with whom I have have been fortunate to employ one mother and father, and her adorable worked closely over the years: Senator such individual on my staff for the last daughter Rachel. And I am the loser. I CHARLES ‘‘CHUCK’’ ROBB and Senator SLADE GORTON. Senator GORTON’s num- 8 years: Lisa Tuite. Lisa achieved her am saddened to lose her, but I know ber among the roll of Senators is 1,752. master of arts degree in national secu- that she will grace whatever she puts Senator ROBB’s number is 1,788. They rity studies from Georgetown Univer- her heart and hand to in the future are listed on the roll of Members of the sity in 1990 and her bachelor of arts de- years as she has done in my office for United States Senate. Senator ROBB, gree in foreign affairs from the Univer- the too brief time that she worked Senator GORTON, and the other depart- sity of Virginia. She came to my office among us and with us and lent us her ing Members, will carry the badge of as a legislative fellow from the Na- gracious smile and her scintillating Senate service with them. It is a badge tional Photographic Interpretation personality, her wit, her good sense, of honor that they will carry with Center. I soon recognized her talent. her good judgment, her dedication, her them. Lisa was employed in my office to loyalty. These men are much more than a serve as a legislative assistant for de- So to Lisa, my staff and I say: name or a number, of course. Senator fense and foreign affairs and to assist The hours are like a string of pearls, ROBB has been a dedicated public serv- me on the Armed Services Committee. The days like diamonds rare, The moments are the threads of gold, ant. He has served his country in many She has done all of these things and ways. I have served with him on the done them well. Eventually she rose That bind them for our wear, So may the years that come to you, Senate Committee on Armed Services through the ranks to become my ad- Such health and good contain, where he was most recently the rank- ministrative assistant. That every moment, hour, and day, ing member of the Subcommittee on Multitalented, thoughtful, with an Be like a golden chain. Readiness and Management Support. encyclopedic grasp of detail, Lisa Tuite f He was also a member of the Senate has been an inspiration to my staff and NEVER FORGOTTEN Select Committee on Intelligence, and she has been an inspiration to me. he was for many years a member of the I have been here on Jenkins Hill for Mr. BYRD. Mr. President, soon, the Senate Committee on Foreign Rela- 48 years, longer than anybody else who 106th Congress will draw to a close, and tions. is in the Congress today in either body. with that final bell, the Senate careers As a former marine, as well as a rep- JOHN DINGELL is the dean of the House of a number of very fine Members will resentative of a Commonwealth with a of Representatives. I served with JOHN also, suddenly, draw to a close. Such very large military presence, Senator DINGELL’s father in the House. I speak are the wages of service in this Repub- ROBB was a tireless advocate for the of JOHN DINGELL in a very admiring lic. Senator ROBB, Senator GORTON, men and the women who labor in uni- fashion. He is a man of tremendous tal- Senator GRAMS, Senator ASHCROFT, form and in other intelligence and sup- ent, a fine, fine Member of the House. Senator ABRAHAM will have answered porting roles to protect our great Na- But I have been around quite a while, their final rollcall. They will have tion. Senator ROBB has also sought to and I have seen a lot of people come waited through their final quorum protect and further the economic and go in the Chamber here, as well in calls and they will have left the Senate health of the Nation. my employment, as one can imagine— floor, as a Member of this body, for a He has served this Nation in many 48 years, starting out in the House of final time. Oh, they may be back to ways, from active duty as a United Representatives with five persons on visit, and I hope they will come back to States Marine to Governor of the Com- my staff a long time ago. visit. They will always be welcome monwealth of Virginia to United I have seen Senators come and go. I here. But I am sure that the Senate States Senator. To his service here, he have seen our staffs at the front desk floor is not quite the same when one is has brought a conscience. He charted come and go. But this particular indi- not allowed to vote or to make a state- his own course, made his own votes and vidual, of whom I speak today, merits ment. his decisions using his moral compass my highest compliments. I have rarely However, these distinguished Mem- rather than polls or media campaigns. employed anyone with her patience, bers will always be a unique part of the I will always remember Senator ROBB her writing ability, her organizational Senate family and of the Senate’s his- for his gentle courtesy, his calm and

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even manner, his soft-spoken ways. Senator GORTON also served as the Is it the sword? Ask the red dust Though passionate in his beliefs, he vice chairman of the Subcommittee on Of empires passed away; worked quietly and steadily in a bipar- Water and Power on the Energy and The blood has turned their stones to tisan spirit to achieve his goals. The Natural Resources Committee—again rust, State of Virginia is better off today for topics of interest to his State with sig- Their glory to decay. his efforts in the Senate, and the Sen- nificant hydropower concerns. And if And is it pride? Ah, that bright crown ate has been the better for his pres- these duties did not keep him busy Has seemed to nations sweet; ence. Now, to Senator GORTON. enough, Senator GORTON also served on But God has struck its luster down Senator SLADE GORTON knows some- the Senate Budget Committee. In ashes at His feet. thing about leaving the Senate, having Senator GORTON’s focus serves the Not gold but only men can make left once before in 1987, only to return Senate well. In defending the different A people great and strong; 2 years later to serve from 1989 through perspectives of States large and small, Men who for truth and honor’s sake the end of the 106th Congress. I have populous or not, rural or urban, indi- Stand fast and suffer long. been his ranking member on the Sen- vidual Senators act as the kind of in- ate Committee on Appropriations. I am ternal checks and balances that the Brave men who work while others here to say that I could not have had a framers envisioned, keeping the tyr- sleep, better partner than the distinguished anny of a majority from putting other Who dare while others fly— Senator from Washington. Of course, I groups and interests at a disadvantage. They build a nation’s pillars deep have said that many times before. In The Senate is designed to give States And lift them to the sky. these past years, he has been the wheel an equal voice and equal standing, de- f horse of our team, putting his shoulder spite differences among the States with THE NEW MILLENNIUM to the wheel and pulling the heavy load respect to population. of putting together the complex Inte- I shall especially miss Senator GOR- Mr. BYRD. Mr. President, as we pre- rior appropriations bill. He has shown TON because we worked very closely to- pare, in these last days, to go home for himself to be a master of the appro- gether on the Appropriations Com- the Christmas holidays—and I suppose priations process, and no one, I venture mittee. It was a very busy sub- we include New Year’s as well, at to say, knows the Interior appropria- committee. It is a westerner’s sub- which time we will go into a new cen- tions bill and the programs it funds committee, in fact. That is the way I tury. To all those who have been a part better than SLADE GORTON does. Sen- have always looked upon it, although I of perpetrating this colossal hoax on ator GORTON has a truly impressive have found it to be very important, as the American people, trying to make grasp of detail, and yet he never lets well, to States of the East and South the American people believe that the minutiae cloud his vision of the overall and North. new century began in January of 2000, picture. I could not have asked for a I wish him well. I will miss him. As let me say, come January 1 of 2001, all more congenial, collegial, common- an able and talented man, he will soon mankind will then, indeed, move into sense colleague, and I will truly miss find new venues in which to continue the 21st century. It will begin, and so my friend, SLADE GORTON, on the com- serving the public interest. will the third millennium. Anyone who mittee. He traveled all across this country, can count from 1 to 100 knows that I know that the rest of the Senate he and his family, on bicycles upon one that is the case, whether they use the will miss our colleague from Wash- occasion some years ago, from the west old math or the new. We will begin the ington as well. He is well liked on both coast to the east coast, the whole fam- 21st century on January 1 next. sides of the aisle as gracious, polite, ily, on bicycles. So one might easily f soft spoken. He never rebukes a col- imagine what kind of adventurer TRIBUTE TO THE SENATE league. Rather, he will look up, blink SLADE GORTON is. That takes a lot of CHAPLAIN in polite astonishment, and with a courage, a lot of determination. But gentle question point out the error of wherever he goes, and wherever Sen- Mr. BYRD. Mr. President, each day one’s ways. ator ROBB goes, wherever these other the Senate is in session the Chaplain Senator GORTON is another example Senators whose names I have men- leads us in prayer. From time to time, of a Member who makes the Senate tioned go, they will always be called we have a guest Chaplain, a guest work by focusing on the needs of his ‘‘Senator.’’ Majorian, in 457 A.D., when Chaplain perhaps coming from one or constituents. Besides his work on the he was made emperor of the West, re- the other of the States. I am always Interior Appropriations Subcommittee ferred to himself as ‘‘a prince who still awed to stand in this Chamber and and throughout the entire appropria- glories in the name of Senator.’’ hear the Chaplain deliver the prayer. tions process, Senator GORTON looked Mr. President, I close with a few lines As long as this Republic stands, I am after the interests of Washington State from a poem by Ralph Waldo Emerson. confident that the Senate and the from his seat on the Committee on It is a fitting tribute to the fine, last- House will be opened with prayer. Commerce, Science, and Transpor- ing work performed in this mighty In West Virginia, anytime there is a tation where he chaired the Sub- Senate by these departing Members: public ceremony of any kind, there is committee on Aviation and also served Senator ROBB, Senator GORTON, Sen- sure to be a prayer, just as surely as we on the Subcommittee on Oceans and ator GRAMS, Senator ASHCROFT, and have the Pledge of Allegiance. Fisheries, both important to a coastal Senator ABRAHAM. I am speaking of The Chaplain is always here. He min- State that is home to Boeing Aviation. these Senators. There are other Sen- isters to us, not just by way of a daily He also served as the vice chair, the ators who are departing and about prayer here, but if we are ill, in the vice chairman—Mr. President, I break whom I have spoken previously. Sen- hospital, or if a family member is in my sentence. I do not believe in this ators whose names I have mentioned the hospital, if we lose a loved one, the nonsense. I do not believe in this non- today are Senators who were in the Chaplain is there. He is there to con- sense called political correctness. I most recent election, who fought nobly sole and to comfort us and to pray with have no use for it whatsoever. There is and well, and who lost. us. a chair right there across the aisle; What makes a nation’s pillars high I feel that we should take note of this here is a chair beside me. There is a And its foundations strong? as we prepare to close out our session. difference between a chairman and a What makes it mighty to defy ‘‘More things are wrought by prayer chair. I do not subscribe to the word The foes that round it throng? than this world dreams of. . . .’’ Ten- ‘‘chair’’ except where it is appropriate It is not gold. Its kingdoms grand nyson said that. I just remembered it. to use it, and I never refer to a human Go down in battle shock; So I thank our Chaplain on behalf of being as a ‘‘chair.’’ I do not want any- Its shafts are laid on sinking sand, all of us—on behalf of the Members, on one referring to me as a ‘‘chair.’’ Not on abiding rock. behalf of the officers of the Senate, on

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26649 behalf of the employees of the Senate. In some ways, it is kind of a thank- Resolved, That the bill from the Senate (S. We do appreciate the pastorship that less task. I have taken my share. Usu- 2943) entitled ‘‘An Act to authorize addi- he performs. He shepherds the flock. ally it is the new Members who take tional assistance for international malaria We are part of his flock. their turn at presiding. Somebody has control, and to provide for coordination and I want to pay my respects to him, consultation in providing assistance under to preside. I sat in that chair in one the Foreign Assistance Act of 1961 with re- and let him know that his efforts, his sitting for 22 hours. I have had my spect to malaria, HIV, and tuberculosis’’, do work, his prayers, even when we do not share. For 22 hours I sat during a civil pass with the following amendments: hear them, do not go unnoticed. rights filibuster—almost all of one day Strike out all after the enacting clause and Often he sees me and says: I prayed and one night. Vice President Nixon insert: for you yesterday. I was praying for came the next morning to preside. But TITLE I—ASSISTANCE FOR you this morning. We certainly need it. I know what it is to sit in the chair for INTERNATIONAL MALARIA CONTROL I cherish those prayers. hours at a time. SECTION 101. SHORT TITLE. ‘‘Blessed is the nation whose God is I compliment all those who take This title may be cited as the ‘‘International the Lord.’’ their turn at presiding. They can learn Malaria Control Act of 2000’’. I thank him. a good many things about the Senate SEC. 102. FINDINGS. f when they preside and preside well. The Congress makes the following findings: Presiding Officers should maintain (1) The World Health Organization estimates THANKING THE PRESIDING that there are 300,000,000 to 500,000,000 cases of OFFICER order in the Senate. That gavel is not easy to break. In my time here and in malaria each year. Mr. BYRD. Mr. President, that com- all of the history of this institution, (2) According to the World Health Organiza- pletes my remarks for today. I thank tion, more than 1,000,000 persons are estimated which goes back 212 years now, I be- to die due to malaria each year. the Chair for his patience. In this in- lieve, there has been only one gavel stance, I refer to ‘‘the Chair.’’ I thank (3) According to the National Institutes of broken. That gavel was replaced by the Health, about 40 percent of the world’s popu- the Chair for his patience. The present country of India and is in use now. If I lation is at risk of becoming infected. occupant is a fine Senator. He pays at- am not mistaken and if my memory (4) About half of those who die each year from tention. He does not sit up at the desk serves me well, it is the gavel that was malaria are children under 9 years of age. and read newspapers or sign his mail. presented to the Senate when Richard (5) Malaria kills one child each 30 seconds. There used to be a phone at that (6) Although malaria is a public health prob- Nixon was Vice President. It will not desk. And Senators who presided would lem in more than 90 countries, more than 90 per- crack easily. cent of all malaria cases are in sub-Saharan Af- use that telephone. When I became ma- I urge, for the record, the Presiding jority leader, I had the telephone re- rica. Officers to use it. Don’t hesitate to hit (7) In addition to Africa, large areas of Cen- moved because I thought that a Pre- the desk hard. It won’t crack. tral and South America, Haiti and the Domini- siding Officer should pay attention to As we come into the Chamber during can Republic, the Indian subcontinent, South- what was going on on the floor. rollcall votes, we see other Senators east Asia, and the Middle East are high risk ma- I always say to new Senators: Pay at- with whom we would like to talk a few laria areas. tention while presiding. Don’t sign (8) These high risk areas represent many of minutes. In doing so, we make a lot of your mail while presiding. If you feel the world’s poorest nations. noise. I know the Chair is hesitant you have to sign mail in the chair, tell (9) Malaria is particularly dangerous during sometimes to call senior Members of the leadership that you have business pregnancy. The disease causes severe anemia this body to order. But the Chair to take care of in your office. Let and is a major factor contributing to maternal should have no hesitation. Every Sen- deaths in malaria endemic regions. someone else preside. ator, no matter how senior he is, (10) ‘‘Airport malaria’’, the importing of ma- There are a few Senators who have laria by international aircraft and other con- listened to me and who carry that ad- should respect that Chair. As a matter of fact, the more senior the Senator is, veyances, is becoming more common, and the monition with them. PAT ROBERTS is United Kingdom reported 2,364 cases of malaria one such Senator. He sits up there and the more he should respect the Chair in 1997, all of them imported by travelers. is very alert. He never signs his mail because he has been here longer. (11) In the United States, of the 1,400 cases of I say to this Chair and, through him, while presiding. He never reads a maga- malaria reported to the Centers for Disease Con- to all the other Senators who preside, zine or a newspaper. He is alert, and he trol and Prevention in 1998, the vast majority stay alert, keep your eye on the Sen- were imported. watches the Senate proceedings. Why ate, and maintain order. And when you (12) Between 1970 and 1997, the malaria infec- shouldn’t he? This is the premier upper ask for order, get it. Don’t stop until tion rate in the United States increased by house in the world today, and it should you do get it. We all owe that respect about 40 percent. set the example for members of the (13) Malaria is caused by a single-cell parasite to the Chair. state legislatures. I was once a member that is spread to humans by mosquitoes. I thank all employees for their pa- of the West Virginia House of Dele- (14) No vaccine is available and treatment is tience. gates. I was once a member of the West hampered by development of drug-resistant parasites and insecticide-resistant mosquitoes. Virginia Senate. f I like to believe that when legislators SEC. 103. ASSISTANCE FOR MALARIA PREVEN- RECORD TO REMAIN OPEN UNTIL TION, TREATMENT, CONTROL, AND throughout the 50 States of this coun- 1:30 P.M. ELIMINATION. try look at the Presiding Officer of the Mr. BYRD. Mr. President, on behalf (a) ASSISTANCE.— U.S. Senate on television, they see of the majority leader, I ask unani- (1) IN GENERAL.—The Administrator of the United States Agency for International Develop- someone who is alert, someone who is mous consent that the RECORD remain ment, in coordination with the heads of other paying attention, someone who is open until 1:30 p.m. today for the sub- ready to make the ruling, someone who appropriate Federal agencies and nongovern- mission of statements. mental organizations, shall provide assistance is ready to answer the parliamentary The PRESIDING OFFICER. Without for the establishment and conduct of activities inquiry, someone who is alert to the objection, it is so ordered. designed to prevent, treat, control, and elimi- need for order in the Senate Chamber f nate malaria in countries with a high percent- and for order in the Galleries. They age of malaria cases. shouldn’t see someone presiding who is INTERNATIONAL MALARIA (2) CONSIDERATION OF INTERACTION AMONG signing mail and paying no attention CONTROL ACT OF 2000 EPIDEMICS.—In providing assistance pursuant to to what is transpiring in the Chamber. Mr. GRAMS. Mr. President, I ask the paragraph (1), the Administrator should con- That is not a very good example for Chair lay before the Senate a message sider the interaction among the epidemics of HIV/AIDS, malaria, and tuberculosis. other legislators in the country to see. from the House of Representatives on (3) DISSEMINATION OF INFORMATION REQUIRE- ITZ This young Senator, Senator F - the bill (S. 2943). MENT.—Activities referred to in paragraph (1) GERALD from Illinois, who is now pre- The PRESIDING OFFICER laid be- shall include the dissemination of information siding, pays close attention to the floor fore the Senate the following message relating to the development of vaccines and debate. from the House of Representatives: therapeutic agents for the prevention of malaria

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 6333 E:\BR00\S14DE0.001 S14DE0 26650 CONGRESSIONAL RECORD—SENATE December 14, 2000 (including information relating to participation mous to justify treatment under a particular law of the country that exercises sovereignty over in, and the results of, clinical trials for such of the United States, or any provision thereof, Macau. vaccines and agents conducted by United States different from that accorded the People’s Repub- SEC. 205. DEFINITIONS. Government agencies) to appropriate officials in lic of China, the President may issue an Execu- In this title: such countries. tive order suspending the application of para- (1) MACAU.—The term ‘‘Macau’’ means the (b) AUTHORIZATION OF APPROPRIATIONS.— graph (1) to such law or provision of law. The territory that prior to December 20, 1999, was (1) IN GENERAL.—There are authorized to be President shall promptly notify the Committee the Portuguese Dependent Territory of Macau appropriated to carry out subsection (a) on International Relations of the House of Rep- and after December 20, 1999, became the Macau $50,000,000 for each of the fiscal years 2001 and resentatives and the Committee on Foreign Rela- Special Administrative Region of the People’s 2002. tions of the Senate concerning any such deter- Republic of China. (2) AVAILABILITY.—Amounts appropriated mination and shall publish the Executive order (2) JOINT DECLARATION.—The term ‘‘Joint Dec- pursuant to the authorization of appropriations in the Federal Register. laration’’ means the Joint Declaration of the under paragraph (1) are authorized to remain (b) EXPORT CONTROLS.— Government of the People’s Republic of China available until expended. (1) IN GENERAL.—The export control laws, reg- and the Government of the Republic of Portugal TITLE II—POLICY OF THE UNITED STATES ulations, and practices of the United States on the Question of Macau, dated April 13, 1987. WITH RESPECT TO MACAU shall apply to Macau in the same manner and TITLE III—UNITED STATES-CANADA SECTION 201. SHORT TITLE. to the same extent that such laws, regulations, ALASKA RAIL COMMISSION and practices apply to the People’s Republic of This title may be cited as the ‘‘United States- SECTION 301. SHORT TITLE. Macau Policy Act of 2000’’. China, and in no case shall such laws, regula- This title may be cited as the ‘‘Rails to Re- SEC. 202. FINDINGS AND DECLARATIONS; SENSE tions, and practices be applied less restrictively sources Act of 2000’’. OF THE CONGRESS. to exports to Macau than to exports to the Peo- SEC. 302. FINDINGS. (a) FINDINGS AND DECLARATIONS.—The Con- ple’s Republic of China. Congress finds that— (2) RULE OF CONSTRUCTION.—Paragraph (1) gress makes the following findings and declara- (1) rail transportation is an essential compo- shall not be construed as prohibiting the provi- tions: nent of the North American intermodal trans- (1) The continued economic prosperity of sion of export control assistance to Macau. portation system; Macau furthers United States interests in the (c) INTERNATIONAL AGREEMENTS.— (2) the development of economically strong People’s Republic of China and Asia. (1) IN GENERAL.—Subject to subsection (b) and and socially stable communities in the western (2) Support for democratization is a funda- paragraph (2), for all purposes, including ac- United States and Canada was encouraged sig- mental principle of United States foreign policy, tions in any court of the United States, the Con- nificantly by government policies promoting the and as such, that principle naturally applies to gress approves of the continuation in force after development of integrated transcontinental, United States policy toward Macau. December 20, 1999, of all treaties and other interstate and interprovincial rail systems in the (3) The human rights of the people of Macau international agreements, including multilateral states, territories and provinces of the two coun- are of great importance to the United States and conventions, entered into before such date be- tries; are directly relevant to United States interests tween the United States and Macau, or entered (3) United States and Canadian federal sup- in Macau. into force before such date between the United port for the completion of new elements of the (4) A fully successful transition in the exercise States and the Republic of Portugal and applied transcontinental, interstate and interprovincial of sovereignty over Macau must continue to to Macau, unless or until terminated in accord- rail systems was halted before rail connections safeguard human rights in and of themselves. ance with law. were established to the State of Alaska and the (5) Human rights also serve as a basis for (2) EXCEPTION.—If, in carrying out this sub- Yukon Territory; Macau’s continued economic prosperity, and the section, the President determines that Macau is Congress takes note of Macau’s adherence to (4) rail transportation in otherwise isolated not legally competent to carry out its obligations areas facilitates controlled access and may re- the International Covenant on Civil and Polit- under any such treaty or other international ical Rights and the International Convention on duce overall impact to environmentally sensitive agreement, or that the continuation of Macau’s areas; Economic, Social, and Cultural Rights. obligations or rights under any such treaty or (b) SENSE OF THE CONGRESS.—It is the sense of (5) the extension of the continental rail system other international agreement is not appropriate through northern British Columbia and the the Congress that— under the circumstances, the President shall (1) the United States should play an active Yukon Territory to the current terminus of the take appropriate action to modify or terminate role in maintaining Macau’s confidence and Alaska Railroad would significantly benefit the such treaty or other international agreement. prosperity, Macau’s unique cultural heritage, United States and Canadian visitor industries The President shall promptly notify the Com- and the mutually beneficial ties between the by facilitating the comfortable movement of pas- mittee on International Relations of the House people of the United States and the people of sengers over long distances while minimizing ef- of Representatives and the Committee on For- Macau; fects on the surrounding areas; and eign Relations of the Senate concerning such (2) through its policies, the United States (6) ongoing research and development efforts determination. should contribute to Macau’s ability to main- in the rail industry continue to increase the effi- tain a high degree of autonomy in matters other SEC. 204 REPORTING REQUIREMENT. ciency of rail transportation, ensure safety, and than defense and foreign affairs as promised by (a) IN GENERAL.—Not later than 90 days after decrease the impact of rail service on the envi- the People’s Republic of China and the Republic the date of the enactment of this Act, and not ronment. of Portugal in the Joint Declaration, particu- later than March 31 of each of the years 2001, SEC. 303. AGREEMENT FOR A UNITED STATES- larly with respect to such matters as trade, com- 2002, and 2003, the Secretary of State shall CANADA BILATERAL COMMISSION. merce, law enforcement, finance, monetary pol- transmit to the Committee on International Re- The President is authorized and urged to icy, aviation, shipping, communications, tour- lations of the House of Representatives and the enter into an agreement with the Government of ism, cultural affairs, sports, and participation Committee on Foreign Relations of the Senate a Canada to establish an independent joint com- in international organizations, consistent with report on conditions in Macau of interest to the mission to study the feasibility and advisability the national security and other interests of the United States. The report shall describe— of linking the rail system in Alaska to the near- United States; and (1) significant developments in United States est appropriate point on the North American (3) the United States should actively seek to relations with Macau, including any determina- continental rail system. establish and expand direct bilateral ties and tion made under section 203; SEC. 304. COMPOSITION OF COMMISSION. agreements with Macau in economic, trade, fi- (2) significant developments related to the (a) MEMBERSHIP.— nancial, monetary, mutual legal assistance, law change in the exercise of sovereignty over (1) TOTAL MEMBERSHIP.—The Agreement enforcement, communication, transportation, Macau affecting United States interests in should provide for the Commission to be com- and other appropriate areas. Macau or United States relations with Macau posed of 24 members, of which 12 members are SEC. 203. CONTINUED APPLICATION OF UNITED and the People’s Republic of China; appointed by the President and 12 members are STATES LAW. (3) the development of democratic institutions appointed by the Government of Canada. (a) CONTINUED APPLICATION.— in Macau; (2) GENERAL QUALIFICATIONS.—The Agreement (1) IN GENERAL.—Notwithstanding any change (4) compliance by the Government of the Peo- should provide for the membership of the Com- in the exercise of sovereignty over Macau, and ple’s Republic of China and the Government of mission, to the maximum extent practicable, to subject to subsections (b) and (c), the laws of the Republic of Portugal with their obligations be representative of— the United States shall continue to apply with under the Joint Declaration; and (A) the interests of the local communities (in- respect to Macau in the same manner as the (5) the nature and extent of Macau’s partici- cluding the governments of the communities), laws of the United States were applied with re- pation in multilateral forums. aboriginal peoples, and businesses that would be spect to Macau before December 20, 1999, unless (b) SEPARATE PART OF COUNTRY REPORTS.— affected by the connection of the rail system in otherwise expressly provided by law or by Exec- Whenever a report is transmitted to the Con- Alaska to the North American continental rail utive order issued pursuant to paragraph (2). gress on a country-by-country basis, there shall system; and (2) EXCEPTION.—Whenever the President de- be included in such report, where applicable, a (B) a broad range of expertise in areas of termines that Macau is not sufficiently autono- separate subreport on Macau under the heading knowledge that are relevant to the significant

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 6333 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26651 issues to be considered by the Commission, in- areas of Alaska, the Yukon Territory, and SEC. 307. COMMENCEMENT AND TERMINATION cluding economics, engineering, management of northern British Columbia. OF COMMISSION. resources, social sciences, fish and game man- (e) MEETINGS.—The Agreement should provide (a) COMMENCEMENT.—The Agreement should agement, environmental sciences, and transpor- for the Commission to meet at least biannually provide for the Commission to begin to function tation. to review progress and to provide guidance to on the date on which all members are appointed (b) UNITED STATES MEMBERSHIP.—If the staff and others, and to hold, in locations with- to the Commission as provided for in the Agree- United States and Canada enter into an agree- in the affected areas of Alaska, the Yukon Ter- ment. ment providing for the establishment of the ritory and northern British Columbia, such ad- (b) TERMINATION.—The Commission should be Commission, the President shall appoint the ditional informational or public meetings as the terminated 90 days after the date on which the United States members of the Commission as fol- Commission deems necessary to the conduct of Commission submits its report under section 306. lows: its business. SEC. 308. FUNDING. (1) Two members from among persons who are (f) PROCUREMENT OF SERVICES.—The Agree- (a) RAILS TO RESOURCES FUND.—The Agree- qualified to represent the interests of commu- ment should authorize and encourage the Com- ment should provide for the following: nities and local governments of Alaska. mission to procure by contract, to the maximum (1) ESTABLISHMENT.—The establishment of an (2) One member representing the State of Alas- extent practicable, the services (including any interest-bearing account to be known as the ka, to be nominated by the Governor of Alaska. temporary and intermittent services) that the ‘‘Rails to Resources Fund’’. (3) One member from among persons who are Commission determines necessary for carrying (2) CONTRIBUTIONS.—The contribution by the qualified to represent the interests of Native out the duties of the Commission. In the case of United States and the Government of Canada to Alaskans residing in the area of Alaska that any contract for the services of an individual, the Fund of amounts that are sufficient for the would be affected by the extension of rail serv- funds made available for the Commission by the Commission to carry out its duties. ice. United States may not be used to pay for the (3) AVAILABILITY.—The availability of (4) Three members from among persons in- services of the individual at a rate that exceeds amounts in the Fund to pay the costs of Com- volved in commercial activities in Alaska who the daily equivalent of the annual rate of basic mission activities. are qualified to represent commercial interests in pay prescribed for level V of the Executive (4) DISSOLUTION.—Dissolution of the Fund Alaska, of which one shall be a representative Schedule under section 5316 of title 5, United upon the termination of the Commission and of the Alaska Railroad Corporation. States Code. distribution of the amounts remaining in the Fund between the United States and the Gov- (5) One member representing United States SEC. 306. DUTIES. Class I rail carriers and one member rep- ernment of Canada. (a) STUDY.— resenting United States rail labor. (b) AUTHORIZATION OF APPROPRIATIONS.— (6) Three members with relevant expertise, at (1) IN GENERAL.—The Agreement should pro- There is authorized to be appropriated to any least one of whom shall be an engineer with ex- vide for the Commission to study and assess, on fund established for use by the Commission as pertise in subarctic transportation and at least the basis of all available relevant information, described in subsection (a)(1) $6,000,000, to re- one of whom shall have expertise on the envi- the feasibility and advisability of linking the main available until expended. rail system in Alaska to the North American ronmental impact of such transportation. SEC. 309. DEFINITIONS. continental rail system through the continu- (c) CANADIAN MEMBERSHIP.—The Agreement In this title: ation of the rail system in Alaska from its north- should provide for the Canadian membership of (1) AGREEMENT.—The term ‘‘Agreement’’ eastern terminus to a connection with the conti- the Commission to be representative of broad means an agreement described in section 303. nental rail system in Canada. categories of interests of Canada as the Govern- (2) COMMISSION.—The term ‘‘Commission’’ (2) SPECIFIC ISSUES.—The Agreement should ment of Canada determines appropriate, con- means a commission established pursuant to any provide for the study and assessment to include sistent with subsection (a)(2). Agreement. the consideration of the following issues: SEC. 305. GOVERNANCE AND STAFFING OF COM- (A) Railroad engineering. TITLE IV—PACIFIC CHARTER COMMISSION MISSION. ACT OF 2000 (a) CHAIRMAN.—The Agreement should pro- (B) Land ownership. SEC. 401. SHORT TITLE. vide for the Chairman of the Commission to be (C) Geology. This title may be cited as the ‘‘Pacific Charter elected from among the members of the Commis- (D) Proximity to mineral, timber, tourist, and Commission Act of 2000’’. sion by a majority vote of the members. other resources. (b) COMPENSATION AND EXPENSES OF UNITED (E) Market outlook. SEC. 402. PURPOSES. STATES MEMBERS.— (F) Environmental considerations. The purposes of this title are— (1) COMPENSATION.—Each member of the Com- (G) Social effects, including changes in the (1) to promote a consistent and coordinated mission appointed by the President who is not use or availability of natural resources. foreign policy of the United States to ensure an officer or employee of the Federal Govern- (H) Potential financing mechanisms. economic and military security in the Asia-Pa- ment shall be compensated at a rate equal to the (3) ROUTE.—The Agreement should provide for cific region; daily equivalent of the annual rate of basic pay the Commission, upon finding that it is feasible (2) to support democratization, the rule of prescribed for level IV of the Executive Schedule and advisable to link the rail system in Alaska law, and human rights in the Asia-Pacific re- under section 5315 of title 5, United States Code, as described in paragraph (1), to determine one gion; for each day (including travel time) during or more recommended routes for the rail segment (3) to promote United States exports to the which such member is engaged in the perform- that establishes the linkage, taking into consid- Asia-Pacific region by advancing economic co- ance of the duties of the Commission. Each such eration cost, distance, access to potential freight operation; member who is an officer or employee of the markets, environmental matters, existing cor- (4) to combat terrorism and the spread of illicit United States shall serve without compensation ridors that are already used for ground trans- narcotics in the Asia-Pacific region; and in addition to that received for services as an of- portation, the route surveyed by the Army Corps (5) to advocate an active role for the United ficer or employee of the United States. of Engineers during World War II and such States Government in diplomacy, security, and (2) TRAVEL EXPENSES.—The members of the other factors as the Commission determines rel- the furtherance of good governance and the rule Commission appointed by the President shall be evant. of law in the Asia-Pacific region. allowed travel expenses, including per diem in (4) COMBINED CORRIDOR EVALUATION.—The SEC. 403. ESTABLISHMENT OF COMMISSION. lieu of subsistence, at rates authorized for em- Agreement should also provide for the Commis- There is established a commission to be known ployees of agencies under subchapter I of chap- sion to consider whether it would be feasible as the Pacific Charter Commission (hereafter in ter 57 of title 5, United States Code, while away and advisable to combine the power trans- this title referred to as the ‘‘Commission’’). from their homes or regular places of business in mission infrastructure and petroleum product SEC. 404. DUTIES OF COMMISSION. the performance of services for the Commission. pipelines of other utilities into one corridor with (a) DUTIES.—The Commission shall establish (c) STAFF.— a rail extension of the rail system of Alaska. and carry out, either directly or through non- (1) IN GENERAL.—The Agreement should pro- (b) REPORT.—The Agreement should require governmental organizations, programs, projects, vide for the appointment of a staff and an exec- the Commission to submit to Congress and the and activities to achieve the purposes described utive director to be the head of the staff. Secretary of Transportation and to the Minister in section 402, including research and edu- (2) COMPENSATION.—Funds made available for of Transport of the Government of Canada, not cational or legislative exchanges between the the Commission by the United States may be later than 3 years after the Commission com- United States and countries in the Asia-Pacific used to pay the compensation of the executive mencement date, a report on the results of the region. director and other personnel at rates fixed by study, including the Commission’s findings re- (b) MONITORING OF DEVELOPMENTS.—The the Commission that are not in excess of the rate garding the feasibility and advisability of link- Commission shall monitor developments in coun- payable for level V of the Executive Schedule ing the rail system in Alaska as described in tries of the Asia-Pacific region with respect to under section 5316 of title 5, United States Code. subsection (a)(1) and the Commission’s rec- United States foreign policy toward such coun- (d) OFFICE.—The Agreement should provide ommendations regarding the preferred route and tries, the status of democratization, the rule of for the office of the Commission to be located in any alternative routes for the rail segment es- law and human rights in the region, economic a mutually agreed location within the impacted tablishing the linkage. relations among the United States and such

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countries, and activities related to terrorism and Vice Chairperson of the Commission from among (b) AVAILABILITY.—Amounts appropriated the illicit narcotics trade. the members of the Commission. pursuant to the authorization of appropriations (c) POLICY REVIEW AND RECOMMENDATIONS.— (f) COMPENSATION.— under subsection (a) are authorized to remain In carrying out this section, the Commission (1) RATES OF PAY.—Except as provided in available until expended. shall evaluate United States Government poli- paragraph (2), members of the Commission shall SEC. 411. EFFECTIVE DATE. cies toward countries of the Asia-Pacific region serve without pay. This title shall take effect on February 1, 2001. (2) TRAVEL EXPENSES.—Each member of the and recommend options for policies of the TITLE V—PAUL D. COVERDELL WORLD Commission may receive travel expenses, includ- United States Government with respect to such WISE SCHOOLS ACT OF 2000 countries, with a particular emphasis on coun- ing per diem in lieu of subsistence, in accord- tries that are of importance to the foreign pol- ance with sections 5702 and 5703 of title 5, SEC. 501. SHORT TITLE. icy, economic, and military interests of the United States Code. This title may be cited as the ‘‘Paul D. Cover- United States. (g) MEETINGS.—The Commission shall meet at dell World Wise Schools Act of 2000’’. (d) CONTACTS WITH OTHER ENTITIES.—In per- the call of the Chairperson. SEC. 502. FINDINGS. forming the functions described in subsections (h) QUORUM.—A majority of the members of Congress makes the following findings: (a) through (c), the Commission shall, as appro- the Commission shall constitute a quorum, but a (1) Paul D. Coverdell was elected to the Geor- priate, seek out and maintain contacts with lesser number of members may hold hearings. gia State Senate in 1970 and later became Mi- nongovernmental organizations, international (i) AFFIRMATIVE DETERMINATIONS.—An af- nority Leader of the Georgia State Senate, a organizations, and representatives of industry, firmative vote by a majority of the members of post he held for 15 years. including receiving reports and updates from the Commission shall be required for any affirm- (2) As the 11th Director of the Peace Corps such organizations and evaluating such reports. ative determination by the Commission under from 1989 to 1991, Paul Coverdell’s dedication to (e) ANNUAL REPORT.—Not later than 18 section 404. the ideals of peace and understanding helped to months after the date of the enactment of this SEC. 406. POWERS OF COMMISSION. shape today’s Peace Corps. Act, and not later than the end of each 12- (a) HEARINGS AND INVESTIGATIONS.—The Com- (3) Paul D. Coverdell believed that Peace month period thereafter, the Commission shall mission may hold such hearings, sit and act at Corps volunteers could not only make a dif- prepare and submit to the President and the such times and places, take such testimony and ference in the countries where they served but Congress a report that contains the findings of receive such evidence, and conduct such inves- that the greatest benefit could be felt at home. the Commission during the preceding 12-month tigations as the Commission considers advisable (4) In 1989, Paul D. Coverdell founded the period. Each such report shall contain— to carry out this title. Peace Corps World Wise Schools Program to (1) recommendations for legislative, executive, (b) INFORMATION FROM FEDERAL AGENCIES.— help fulfill the Third Goal of the Peace Corps, or other actions resulting from the evaluation of The Commission may secure directly from any ‘‘to promote a better understanding of the peo- policies described in subsection (c); Federal department or agency such information ple served among people of the United States’’. (2) a description of programs, projects, and ac- as the Commission considers necessary to carry (5) The World Wise Schools Program is an in- tivities of the Commission for the prior year; and out this title. Upon request of the Chairperson novative education program that seeks to en- (3) a complete accounting of the expenditures of the Commission, the head of any such depart- gage learners in an inquiry about the world, made by the Commission during the prior year. ment agency shall furnish such information to themselves, and others in order to broaden per- spectives; promote cultural awareness; appre- (f) CONGRESSIONAL HEARINGS ON ANNUAL RE- the Commission as expeditiously as possible. ciate global connections; and encourage service. PORT.—The Committee on International Rela- (c) CONTRIBUTIONS.—The Commission may ac- tions of the House of Representatives and the cept, use, and dispose of gifts, bequests, or de- (6) In a world that is increasingly inter- Committee on Foreign Relations of the Senate, vises of services or property, both real and per- dependent and ever changing, the World Wise shall, not later than 45 days after the receipt by sonal, for the purpose of assisting or facilitating Schools Program pays tribute to Paul D. the Congress of the report referred to in sub- the work of the Commission. Gifts, bequests, or Coverdell’s foresight and leadership. In the section (c), hold hearings on the report, includ- devises of money and proceeds from sales of words of one World Wise Schools teacher, ‘‘It’s ing any recommendations contained therein. other property received as gifts, bequests, or de- a teacher’s job to touch the future of a child; it’s the Peace Corps’ job to touch the future of (g) ADVISORY COMMITTEES.—The Commission vises shall be deposited in the Treasury and may establish such advisory committees as the shall be available for disbursement upon order the world. What more perfect partnership.’’. (7) Paul D. Coverdell served in the United Commission determines to be necessary to advise of the Commission. States Senate from the State of Georgia from the Commission on policy matters relating to the (d) MAILS.—The Commission may use the 1993 until his sudden death on July 18, 2000. Asia-Pacific region and to otherwise carry out United States mails in the same manner and (8) Senator Paul D. Coverdell was beloved by this title. under the same conditions as other departments and agencies of the United States. his colleagues for his civility, bipartisan efforts, SEC. 405. MEMBERSHIP OF COMMISSION. and his dedication to public service. (a) COMPOSITION.—The Commission shall be SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION. SEC. 503. DESIGNATION OF PAUL D. COVERDELL composed of seven members all of whom— WORLD WISE SCHOOLS PROGRAM. (a) EXECUTIVE DIRECTOR.—The Commission (1) shall be citizens of the United States who (a) IN GENERAL.—Effective on the date of en- are not officers or employees of any government, shall have an executive director appointed by the Commission after consultation with the actment of this Act, the program under section except to the extent they are considered such of- 18 of the Peace Corps Act (22 U.S.C. 2517) re- ficers or employees by virtue of their membership Speaker and Minority Leader of the House of Representatives and the Majority Leader and ferred to before such date as the ‘‘World Wise on the Commission; and Schools Program’’ is redesignated as the ‘‘Paul (2) shall have interest and expertise in issues Minority Leader of the Senate. The executive di- rector shall serve the Commission under such D. Coverdell World Wise Schools Program’’. relating to the Asia-Pacific region. (b) REFERENCES.—Any reference before the (b) APPOINTMENT.— terms and conditions as the Commission deter- mines to be appropriate. date of enactment of this Act in any law, regu- (1) IN GENERAL.—The individuals referred to lation, order, document, record, or other paper in subsection (a) shall be appointed— (b) STAFF.—The Commission may appoint and fix the pay of such additional personnel, not to of the United States to the Peace Corps World (A) by the President, after consultation with Wise Schools Program shall, on and after such the Speaker and Minority Leader of the House exceed 10 individuals, as it considers appro- priate. date, be considered to refer to the Paul D. of Representatives, the Chairman and ranking Coverdell World Wise Schools Program. member of the Committee on International Rela- (c) STAFF OF FEDERAL AGENCIES.—Upon re- quest of the chairperson of the Commission, the Amend the title so as to read ‘‘An Act to tions of the House of Representatives, the Ma- authorize additional assistance for inter- jority Leader and Minority Leader of the Sen- head of any Federal agency may detail, on a nonreimbursable basis, any of the personnel of national malaria control, and for other pur- ate, and the Chairman and ranking member of poses.’’. the Committee on Foreign Relations of the Sen- the agency to the Commission to assist the Com- ate; and mission in carrying out its duties under this Mr. BYRD. Mr. President, I ask unan- (B) by and with the advice and consent of the title. imous consent on behalf of the major- Senate. (d) EXPERTS AND CONSULTANTS.—The chair- ity leader that the Senate concur in person of the Commission may procure tem- (2) POLITICAL AFFILIATION.—Not more than the House amendments en bloc, with a four of the individuals appointed under para- porary and intermittent services under section further amendment, and agree to the 3109(b) of title 5, United States Code. graph (1) may be affiliated with the same polit- title amendment of the House. ical party. SEC. 409. TERMINATION. The PRESIDING OFFICER. Without (c) TERM.—Each member of the Commission The Commission shall terminate not later than 5 years after the date of the enactment of this objection, it is so ordered. shall be appointed for a term of 6 years. The amendment (No. 4364) was agreed (d) VACANCIES.—A vacancy in the Commission Act. shall be filled in the same manner in which the SEC. 410. AUTHORIZATION OF APPROPRIATIONS. to. original appointment was made. (a) IN GENERAL.—There are authorized to be The text of the amendment is printed (e) CHAIRPERSON; VICE CHAIRPERSON.—The appropriated to carry out this title $2,500,000 for in today’s RECORD under ‘‘Amendments President shall designate a Chairperson and each of the fiscal years 2001 and 2002. Submitted.’’)

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 December 14, 2000 CONGRESSIONAL RECORD—SENATE 26653 Mr. BYRD. Mr. President, I yield the RECESS UNTIL TOMORROW Whereupon, the Senate, at 1 p.m., re- floor. cessed until Friday, December 15, 2000, The PRESIDING OFFICER. Under at 12 noon. the previous order, the Senate stands in recess until the hour of 12 noon to- morrow, December 15, 2000.

VerDate jul 14 2003 14:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S14DE0.001 S14DE0 26654 CONGRESSIONAL RECORD—HOUSE December 14, 2000 HOUSE OF REPRESENTATIVES—Thursday, December 14, 2000

The House met at 4 p.m. and was MESSAGE FROM THE SENATE the Speaker’s table the Senate concur- called to order by the Speaker pro tem- A message from the Senate by Mr. rent resolution (S. Con. Res. 161) to pore (Mr. PEASE). Lundregan, one of its clerks, an- correct the enrollment of H.R. 5528 and ask for its immediate consideration in f nounced that the Senate has passed without amendment bills of the House the House. DESIGNATION OF THE SPEAKER The Clerk read the title of the Senate of the following titles: PRO TEMPORE concurrent resolution. H.R. 1653. An act to complete the orderly The SPEAKER pro tempore. Is there The SPEAKER pro tempore laid be- withdrawal of the NOAA from the civil ad- objection to the request of the gen- fore the House the following commu- ministration of the Pribilof Islands, Alaska, tleman from Alaska? and to assist in the conservation of coral nication from the Speaker: There was no objection. WASHINGTON, DC, reefs, and for other purposes. H.R. 5016. An act to redesignate the facility The Clerk read the Senate concur- December 14, 2000. rent resolution, as follows: I hereby appoint the Honorable EDWARD A. of the United States Postal Service located S. CON. RES. 161 PEASE to act as Speaker pro tempore on this at 514 Express Center Road in Chicago, Illi- day. nois, as the ‘‘J.T. Weeker Service Center’’. Resolved by the Senate (the House of Rep- H.R. 5210. An act to designate the facility resentatives concurring), That the Clerk of the J. DENNIS HASTERT, Speaker of the House of Representatives. of the United States Postal Service located House of Representatives, in the enrollment at 200 South George Street in York, Pennsyl- of the bill (H.R. 5528) to authorize the con- f vania, as the ‘‘George Atlee Goodling Post struction of a Wakpa Sica Reconciliation Office Building’’. Place in Fort Pierre, South Dakota, and for PRAYER The message also announced that the other purposes, shall make the following cor- rection: The Chaplain, the Reverend Daniel P. Senate has passed with amendment in Coughlin, offered the following prayer: (1) Strike title XII and insert the fol- which the concurrence of the House is lowing: In past weeks, Lord, as a people we requested, a bill of the House of the fol- have questioned, argued, and been con- TITLE XII—NAVAJO NATION TRUST LAND lowing title: LEASING fused. H.R. 1023. An act for the relief of Richard SEC. 1201. SHORT TITLE. In recent days, Lord, as a nation we W. Schaffert. This title may be cited as the ‘‘Navajo Na- have sought direction, gone to court tion Trust Land Leasing Act of 2000’’. and accepted the judgment of leaders. The message also announced that the Senate has passed a bill of the fol- SEC. 1202. CONGRESSIONAL FINDINGS AND DEC- Knowing we are living through LARATION OF PURPOSES. lowing title in which the concurrence unique circumstances, grant to all pa- (a) FINDINGS.—Recognizing the special re- tience. May wisdom be our guide. May of the House is requested: lationship between the United States and the history be our judge. S. 870. An act to amend the Inspector Gen- Navajo Nation and its members, and the Fed- eral responsibility to the Navajo people, In the present moment, You have our eral Act of 1978 (5 U.S.C. App.) to increase the efficiency and accountability of Offices Congress finds that— attention, Lord. of Inspector General within Federal depart- (1) the third clause of section 8, Article I of You must show us now the way You ments, and for other purposes. the United States Constitution provides that ‘‘The Congress shall have Power . . . to regu- would have us live, organize and The message also announced that the govern. late Commerce . . . with Indian tribes’’, and, Senate agrees to the amendments of through this and other constitutional au- May we who live this moment in our the House to the bill (S. 2943) ‘‘An Act Nation’s history prove reliable and the thority, Congress has plenary power over In- to authorize additional assistance for dian affairs; people of Your promise. international malaria control, and to (2) Congress, through statutes, treaties, For without You we can do nothing provide for coordination and consulta- and the general course of dealing with Indian credible or truly worth remembering. tion in providing assistance under the tribes, has assumed the responsibility for the You are Lord now and forever. Foreign Assistance Act of 1961 with re- protection and preservation of Indian tribes Amen. and their resources; spect to malaria, HIV, and tuber- (3) the United States has a trust obligation f culosis,’’ with amendment. to guard and preserve the sovereignty of In- THE JOURNAL f dian tribes in order to foster strong tribal APPOINTMENT OF ADDITIONAL governments, Indian self-determination, and The SPEAKER pro tempore. The economic self-sufficiency; Chair has examined the Journal of the MEMBERS TO ATTEND FUNERAL (4) pursuant to the first section of the Act last day’s proceedings and announces OF LATE HON. JULIAN C. DIXON of August 9, 1955 (25 U.S.C. 415), Congress to the House his approval thereof. The SPEAKER pro tempore. Pursu- conferred upon the Secretary of the Interior Pursuant to clause 1, rule I, the Jour- ant to House Resolution 671, the Chair the power to promulgate regulations gov- nal stands approved. announces the Speaker’s additional ap- erning tribal leases and to approve tribal leases for tribes according to regulations f pointment of the following Members of promulgated by the Secretary; the House to the Committee to attend (5) the Secretary of the Interior has pro- PLEDGE OF ALLEGIANCE the funeral of the late Julian C. Dixon. mulgated the regulations described in para- The SPEAKER pro tempore. Will the Mr. TOWNS, New York; graph (4) at part 162 of title 25, Code of Fed- gentleman from Alaska (Mr. YOUNG) Mrs. CLAYTON, North Carolina; eral Regulations; come forward and lead the House in the Ms. BROWN, Florida; (6) the requirement that the Secretary ap- prove leases for the development of Navajo Pledge of Allegiance. Mr. WATT, North Carolina. trust lands has added a level of review and Mr. YOUNG of Alaska led the Pledge f regulation that does not apply to the devel- of Allegiance as follows: NAVAJO NATION TRUST LAND opment of non-Indian land; and I pledge allegiance to the Flag of the LEASING ACT OF 2000 (7) in the global economy of the 21st Cen- United States of America, and to the Repub- tury, it is crucial that individual leases of lic for which it stands, one nation under God, Mr. YOUNG of Alaska. Mr. Speaker, I Navajo trust lands not be subject to Secre- indivisible, with liberty and justice for all. ask unanimous consent to take from tarial approval and that the Navajo Nation

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

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 December 14, 2000 CONGRESSIONAL RECORD—HOUSE 26655 be able to make immediate decisions over quire the approval of the Secretary if the and a reasonable opportunity to cure the al- the use of Navajo trust lands. lease is executed under the tribal regulations leged violation.’’. (b) PURPOSES.—The purposes of this title approved by the Secretary under this sub- The Senate concurrent resolution are as follows: section and the term of the lease does not ex- was concurred in. (1) To establish a streamlined process for ceed— the Navajo Nation to lease trust lands with- ‘‘(A) in the case of a business or agricul- A motion to reconsider was laid on out having to obtain the approval of the Sec- tural lease, 25 years, except that any such the table. retary of the Interior for individual leases, lease may include an option to renew for up f except leases for exploration, development, to 2 additional terms, each of which may not or extraction of any mineral resources. exceed 25 years; and HOME HEATING OIL PRICES (2) To authorize the Navajo Nation, pursu- ‘‘(B) in the case of a lease for public, reli- RISING STEADILY ant to tribal regulations, which must be ap- gious, educational, recreational, or residen- The SPEAKER pro tempore. Under a proved by the Secretary, to lease Navajo tial purposes, 75 years if such a term is pro- previous order of the House, the gen- trust lands without the approval of the Sec- vided for by the Navajo Nation through the tleman from Pennsylvania (Mr. GEKAS) retary of the Interior for the individual promulgation of regulations. is recognized for 5 minutes. leases, except leases for exploration, develop- ‘‘(2) Paragraph (1) shall not apply to indi- ment, or extraction of any mineral re- vidually owned Navajo Indian allotted land. Mr. GEKAS. Mr. Speaker, home heat- sources. ‘‘(3) The Secretary shall have the author- ing oil prices are rising steadily. An (3) To revitalize the distressed Navajo Res- ity to approve or disapprove tribal regula- immensely cold winter is predicted to ervation by promoting political self-deter- tions referred to under paragraph (1). The come to us in the next several days. mination, and encouraging economic self- Secretary shall approve such tribal regula- Natural gas is becoming scarce. And sufficiency, including economic development tions if such regulations are consistent with out in the West we learn that in Cali- that increases productivity and the standard the regulations of the Secretary under sub- fornia there are warnings out to not of living for members of the Navajo Nation. section (a), and any amendments thereto, light the Christmas trees. The people (4) To maintain, strengthen, and protect and provide for an environmental review the Navajo Nation’s leasing power over Nav- process. The Secretary shall review and ap- of California are being asked not to ajo trust lands. prove or disapprove the regulations of the turn on their electricity for Christmas. (5) To ensure that the United States is Navajo Nation within 120 days of the submis- The Secretary of Energy just re- faithfully executing its trust obligation to sion of such regulations to the Secretary. cently tried to alleviate the severe the Navajo Nation by maintaining federal Any disapproval of such regulations by the electric shortage and power shortage of supervision through oversight of and record Secretary shall be accompanied by written California and asked the other western keeping related to leases of Navajo Nation documentation that sets forth the basis for States north of California and their tribal trust lands. the disapproval. Such 120-day period may be utilities to furnish electricity elements SEC. 1203. LEASE OF RESTRICTED LANDS FOR extended by the Secretary after consultation THE NAVAJO NATION. with the Navajo Nation. to California. The first section of the Act of August 9, ‘‘(4) If the Navajo Nation has executed a Senator DOMENICI yesterday dared us 1955 (25 U.S.C. 415) is amended— lease pursuant to tribal regulations under to look at what has happened in Cali- (1) in subsection (d)— paragraph (1), the Navajo Nation shall pro- fornia without fear and without trepi- (A) in paragraph (1), by striking ‘‘and’’ at vide the Secretary with— dation. He says there is a wave of roll- the end; ‘‘(A) a copy of the lease and all amend- ing brownouts and blackouts coming (B) in paragraph (2), by striking the period ments and renewals thereto; and from California across the country to and inserting a semicolon; and ‘‘(B) in the case of regulations or a lease us, brownouts and blackouts meaning (C) by adding at the end the following: that permits payment to be made directly to ‘‘(3) the term ‘individually owned Navajo the Navajo Nation, documentation of the energy shortages and measures that Indian allotted land’ means a single parcel of lease payments sufficient to enable the Sec- municipalities and homeowners must land that— retary to discharge the trust responsibility take to conserve electricity. ‘‘(A) is located within the jurisdiction of of the United States under paragraph (5). This is unacceptable for our country, the Navajo Nation; ‘‘(5) The United States shall not be liable and it goes to the core of what we have ‘‘(B) is held in trust or restricted status by for losses sustained by any party to a lease been saying for 8 years now, that we the United States for the benefit of Navajo executed pursuant to tribal regulations have been traveling along the price of Indians or members of another Indian tribe; under paragraph (1), including the Navajo higher fuel and shortages of electricity Nation. Nothing in this paragraph shall be and on the backs of the lack of an energy ‘‘(C) was— construed to diminish the authority of the ‘‘(i) allotted to a Navajo Indian; or Secretary to take appropriate actions, in- policy in our country. ‘‘(ii) taken into trust or restricted status cluding the cancellation of a lease, in fur- That is why in the spring of this year by the United States for an individual In- therance of the trust obligation of the I introduced a bill that would create a dian; United States to the Navajo Nation. commission that would try to put to- ‘‘(4) the term ‘interested party’ means an ‘‘(6)(A) An interested party may, after ex- gether all the elements, all the re- Indian or non-Indian individual or corpora- haustion of tribal remedies, submit, in a sources that we have so that we can de- tion, or tribal or non-tribal government timely manner, a petition to the Secretary clare energy independence within 10 whose interests could be adversely affected to review the compliance of the Navajo Na- years, so that this commission can by a tribal trust land leasing decision made tion with any regulations approved under by the Navajo Nation; this subsection. If upon such review the Sec- look at the ANWR reserves, the Alaska ‘‘(5) the term ‘Navajo Nation’ means the retary determines that the regulations were reserves, offshore drilling, natural gas, Navajo Nation government that is in exist- violated, the Secretary may take such action domestic drilling, coal reserves, solar ence on the date of enactment of this Act or as may be necessary to remedy the violation, energy, all the various resources that its successor; including rescinding the approval of the trib- we have at our command if only we ‘‘(6) the term ‘petition’ means a written re- al regulations and reassuming responsibility would use them to bring about energy quest submitted to the Secretary for the re- for the approval of leases for Navajo Nation independence in 10 years so no longer view of an action (or inaction) of the Navajo tribal trust lands. would we have to kneel at the throne Nation that is claimed to be in violation of ‘‘(B) If the Secretary seeks to remedy a the approved tribal leasing regulations; violation described in subparagraph (A), the of OPEC to ask them to produce more ‘‘(7) the term ‘Secretary’ means the Sec- Secretary shall— oil and to reduce prices. That is un- retary of the Interior; and ‘‘(i) make a written determination with re- heard of for our modern society. ‘‘(8) the term ‘tribal regulations’ means spect to the regulations that have been vio- In that energy policy proposal that I the Navajo Nation regulations enacted in ac- lated; made, the gentleman from Alaska (Mr. cordance with Navajo Nation law and ap- ‘‘(ii) provide the Navajo Nation with a YOUNG), who is an expert on ANWR and proved by the Secretary.’’; and written notice of the alleged violation to- Alaskan oil and energy generally, was (2) by adding at the end the following: gether with such written determination; and the prime cosponsor with me; and he, ‘‘(e)(1) Any leases by the Navajo Nation for ‘‘(iii) prior to the exercise of any remedy or purposes authorized under subsection (a), the rescission of the approval of the regula- as chairman of his committee, ac- and any amendments thereto, except a lease tion involved and the reassumption of the corded me a hearing on this matter. He for the exploration, development, or extrac- lease approval responsibility, provide the agrees that we ought to put something tion of any mineral resources, shall not re- Navajo Nation with a hearing on the record in place.

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 26656 CONGRESSIONAL RECORD—HOUSE December 14, 2000 I am sure that the President of the ergy so we can have the high-tech and I would like to remind the gentleman United States soon to be sworn in, the computer industry, by the way, and people that might be listening that George Bush, will attend to this matter which now uses 27 percent of our elec- this area is a very small area that has and his energy secretary is going to trical power which did not happen 15 a tremendous abundance of oil, prob- have this as a priority. I know that. years ago. Twenty-seven percent of our ably 39 billion barrels of oil, that can But we in Congress have to help them electrical power today is consumed by be accessible to the people in the lower along by establishing these long-term computers. 48 so we would not have to buy that investigations into our resources. For those that are in the computer million barrels a day from Saddam Mr. Speaker, I yield to the gentleman world, think about it: when power goes Hussein. from Alaska (Mr. YOUNG). down, their computer goes off. That So if the President was to do that, it Mr. YOUNG of Alaska. Mr. Speaker, means the airplanes do not fly. That would be a terrible travesty; it would first let me compliment the gentleman means the stoplights do not work. That be wrong for the people and wrong for on his outstanding piece of legislation. means this country comes to a halt. Alaska. But, most of all, it would be It does bring to the forefront the lack And so what the gentleman has said, wrong for the people that are buying of an energy policy, and his bill does let us get a policy so that the future oil from abroad. set up a commission to say, we have to generations, yes, and the present gen- Mr. GEKAS. Mr. Speaker, what is address all forms of energy so we have erations in reality will have a constant missing from all of this discussion is what I call the wheel of energy to pro- supply of reasonably priced energy. the fact that all of us, every American, vide the necessity for the center of the But if the gentleman would like for is interested in environmental quality. wheel to make it work. one moment to address something for We do not want anything but clean air As the gentleman mentioned, with me, he mentioned that if we do this the and clean water and a good area in coal, 64 percent develops our electrical OPEC countries may drop their price. I which to live. But we are in a state of energy now. We need nuclear. We need happen to agree. almost-crisis now where we have to What would the gentleman think we gas. We need oil. And, yes, even some talk about survival and meeting the should do, though, maybe what the hydro, wind power, solar power, all col- needs of the American family. commission can do, to solve that prob- I am talking about the basic needs of lected in the need for the BTUs. lem. We have requested, I have requested, the American family. That is why we Mr. Speaker, I yield to the gentleman have to put the environmental con- an energy policy for the last 20 years from Pennsylvania (Mr. GEKAS). cerns on an equal balance, not on a pri- and been turned down by the past ad- Mr. GEKAS. Mr. Speaker, I have not ority, and try to develop our resources ministration that has not sought to been able to predict exactly what as we need them. not seek an energy policy. would happen. It seems to me that we Mr. YOUNG of Alaska. Mr. Speaker, So I want to compliment the gen- ought to start a course on energy inde- we can do both. As the gentleman from tleman for bringing this to the fore- pendence and go to it without respect Pennsylvania knows, in Alaska we front. Because gas right now, natural to what OPEC does. have a bigger caribou herd, more wild- gas, 1 year ago was $2 and today it is $9 All I am saying is we will have an life, a better environment just from the on the market. So we do need this pol- extra dividend to lower prices almost development of Prudhoe. And I say this icy, and I want to compliment the gen- immediately, but then our domestic can happen again in ANWR. tleman for his resolution. drillers will have to be given additional But more than that, if we want to see Mr. GEKAS. Mr. Speaker, I thank incentive to continue producing; and environmental damage, do not have the the gentleman for his comments. that may require tax incentive-types of energy available and keep being de- There is another immediate dividend legislation that we would have to put pendent upon those countries overseas. that I think will come from the estab- into place along with our energy pol- I keep stressing the fact that now, lishment of the commission and for- icy. this year, remember gas was $2 per ward movement on establishing an en- Mr. YOUNG of Alaska. Mr. Speaker, thousand cubic feet last year; this ergy policy. I believe that OPEC, see- reclaiming my time, again, the com- year, right today, it is $9.42. That ing what is happening, will automati- mission can probably recognize what means the average home buying gas cally start to drop the prices. we can do to solve that problem. Be- today, their heating bill will go up 300 Unfortunately for us who want this cause I expect what the gentleman said percent this winter. And that is a jolt energy policy, that may give us some will come true, the first time the OPEC economically, and it also means we are sort of relief that we will not have the countries sees that we are serious running out of natural gas because we will to go on with determining our own about setting up a supply of energy, have not been allowed to develop those fate in energy. But I am willing to take they will lower their prices so maybe fields in the lower 48. that chance. We have got to have an some of my constituents and his con- So Alaska has got gas and we want to energy policy. We have to stand pat stituents and the people in Florida’s sell it to you, but the fact is we ought against OPEC and become energy inde- House will say, well, there is no need to be developing those gas fields in Wy- pendent as a Nation in 10 years. for this, let us not drill an ANWR. oming, Montana, New Mexico, and, yes, f Although, by the way, it only dis- in Pennsylvania, they have gas in Pennsylvania, and go after those fields HEATING OIL SHORTAGES rupts 12,000 acres out of 19 million acres. so we can have it available for the con- The SPEAKER pro tempore. Under a Mr. GEKAS. Mr. Speaker, if the gen- stituents that my colleague and I previous order of the House, the gen- tleman will continue to yield, which serve. tleman from Alaska (Mr. YOUNG) is rec- reminds me, we are told, and the press Mr. GEKAS. Mr. Speaker, we are not ognized for 5 minutes. knows more about it, that the current adverse to developing a plan of tax in- Mr. YOUNG of Alaska. Mr. Speaker, President, President Clinton, is con- centives to give our fellow Americans, if the gentleman from Pennsylvania templating a monument executive the entrepreneurs, the incentive to go (Mr. GEKAS) will continue with this order in which he sets aside x amount ahead and drill where they might fail; dialogue, one of the things that a lot of of land and other resources in Alaska but we ought to give them that incen- people in America do not realize is that keeping them from development in tive to do so and to otherwise bring the reason we have the prosperity we what we are seeking here. technology into place for the develop- have today is because we have had Can the gentleman tell us about ment of all these resources. cheap energy. that? Mr. YOUNG of Alaska. Mr. Speaker, I Some people think that is wrong, Mr. YOUNG of Alaska. Mr. Speaker, want to thank the gentleman for doing that we ought to take and conserve all there is that possibility. I think it this tonight on the floor of the House. the energy. But if we want to grow, we would be a terrible disservice to the I do appreciate his bringing this to have a supply and an abundance of en- country. light.

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 December 14, 2000 CONGRESSIONAL RECORD—HOUSE 26657 He is from Pennsylvania. I am from (Rept. No. 106–1031) on the resolution malaria, HIV, and tuberculosis; to the Com- Alaska. We recognize the need for an (H. Res. 675) providing for consider- mittee on International Relations. energy policy. Hopefully this new Con- ation of the joint resolution (H.J. Res. f gress and with the new President, this 134) making further continuing appro- ENROLLED BILLS SIGNED Nation will come forth with an energy priations for fiscal year 2001, and for policy that can deliver the needed Btus other purposes, which was referred to Mr. THOMAS, from the Committee to every family and improve the way the House Calendar and ordered to be on House Administration, reported we live today and not have anyone suf- printed. that that committee had examined and fer. found truly enrolled bills of the House f of the following titles, which were f REPORT ON RESOLUTION WAIVING thereupon signed by the Speaker: RECESS SAME DAY CONSIDERATION OF S. 2943. An act to authorize additional as- sistance for international malaria control, The SPEAKER pro tempore. Pursu- CERTAIN RESOLUTIONS RE- PORTED BY THE COMMITTEE ON and to provide for coordination and consulta- ant to clause 12 of rule I, the Chair de- tion in providing assistance under the For- clares the House in recess subject to RULES eign Assistance Act of 1961 with respect to the call of the Chair. Mr. LINDER, from the Committee on malaria, HIV, and tuberculosis; to the Com- Accordingly (at 4 o’clock and 13 min- Rules, submitted a privileged report mittee on International Relations. utes p.m.), the House stood in recess (Rept. No. 106–1032) on certain resolu- f subject to the call of the Chair. tions waiving a requirement of clause ENROLLED BILLS SIGNED f 6(a) of rule XIII with respect to consid- eration of certain resolutions reported Mr. THOMAS, from the Committee b 0056 from the Committee on Rules, which on House Administration, reported AFTER RECESS was referred to the House Calendar and that that committee had examined and ordered to be printed. found truly enrolled bills of the House The recess having expired, the House of the following titles, which were was called to order by the Speaker pro f thereupon signed by the Speaker: tempore (Mr. SHIMKUS) at 12 o’clock RECESS H.R. 2903. An act to reauthorize the Striped and 56 minutes a.m. Bass Conservation Act, and for other pur- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- poses. House will be in order. ant to clause 12 of rule I, the Chair de- H.R. 5461. An act to amend the Magnuson- clares the House in recess subject to Stevens Fishery Conservation and Manage- f the call of the Chair. ment Act to eliminate the wasteful and un- RECESS Accordingly (at 9 o’clock and 7 min- sportsmanlike practice of shark finning. H.R. 5630. An act to authorize appropria- The SPEAKER pro tempore (Mr. utes a.m.), the House stood in recess subject to the call of the Chair. tions for fiscal year 2001 for intelligence and SHIMKUS). Pursuant to clause 12 of rule intelligence-related activities of the United I, the Chair declares the House in re- f States Government, the Community Man- cess subject to the call of the Chair. agement Account, and the Central Intel- b 0944 Accordingly (at 12 o’clock and 57 ligence Agency Retirement and Disability minutes a.m.), the House stood in re- AFTER RECESS System, and for other purposes. H.R. 5640. An act to expand homeownership cess subject to the call of the Chair. The recess having expired, the House in the United States, and for other purposes. f was called to order by the Speaker pro f b 0905 tempore (Mr. PEASE) at 9 o’clock and 44 minutes a.m. SENATE ENROLLED BILLS SIGNED AFTER RECESS f The SPEAKER announced his signa- The recess having expired, the House ture to enrolled bills of the Senate of was called to order by the Speaker pro SPECIAL ORDERS GRANTED the following titles: tempore (Mr. PEASE) at 9 o’clock and 5 By unanimous consent, permission to S. 439. An act to amend the National For- minutes a.m. address the House, following the legis- est and Public Lands of Nevada Enhance- ment Act of 1988 to adjust the boundary of f lative program and any special orders heretofore entered, was granted to: the Toiyabe National Forest, Nevada, and to amend chapter 55 of title 5, United States REPORT ON RESOLUTION PRO- (The following Members (at their own VIDING FOR CONSIDERATION OF Code, to authorize equal overtime pay provi- request) to revise and extend their re- sions for all Federal employees engaged in H.J. RES. 133, MAKING FURTHER marks and include extraneous mate- wildland fire suppression operations. CONTINUING APPROPRIATIONS rial:) S. 1508. An act to provide technical and FOR FISCAL YEAR 2001 Mr. GEKAS, for 5 minutes, today. legal assistance to tribal justice systems and Mr. LINDER, from the Committee on Mr. YOUNG of Alaska, for 5 minutes, members of Indian tribes, and for other pur- Rules, submitted a privileged report today. poses. S. 1694. An act to direct the Secretary of (Rept. No. 106–1030) on the resolution f the Interior to conduct a study on the rec- (H. Res. 674) providing for consider- lamation and reuse of water and wastewater ation of the joint resolution (H.J. Res. SENATE BILLS REFERRED in the State of Hawaii, and for other pur- 133) making further continuing appro- Bills of the Senate of the following poses. priations for fiscal year 2001, and for titles were taken from the Speaker’s S. 1898. An act to provide protection other purposes, which was referred to table and, under the rule, referred as against the risks to the public that are in- the House Calendar and ordered to be follows: herent in the interstate transportation of printed. violent prisoners. S. 870. An act to amend the Inspector Gen- S. 3045. An act to improve the quality, f eral Act of 1978 (5 U.S.C. App.) to increase timeliness, and credibility of forensic science the efficiency and accountability of Offices services for criminal justice purposes, and REPORT ON RESOLUTION PRO- of Inspector General within Federal depart- for other purposes. VIDING FOR CONSIDERATION OF ments, and for other purposes; to the Com- H.J. RES. 134, MAKING FURTHER mittee on Government Reform. f CONTINUING APPROPRIATIONS S. 2943. An act to authorize additional as- BILLS AND JOINT RESOLUTIONS FOR FISCAL YEAR 2001 sistance for international malaria control, PRESENTED TO THE PRESIDENT and to provide for coordination and consulta- Mr. LINDER, from the Committee on tion in providing assistance under the For- Mr. THOMAS, from the Committee Rules, submitted a privileged report eign Assistance Act of 1961 with respect to on House Administration, reported

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 26658 CONGRESSIONAL RECORD—HOUSE December 14, 2000 that that committee did on the fol- ending September 30, 2001, and for other pur- year 2001, and for other purposes; to the lowing dates present to the President, poses; to the Committee on Appropriations. Committee on Appropriations. for his approval, bills and joint resolu- By Mr. KOLBE: H.J. Res. 134. Joint resolution making fur- tions of the House of the following ti- H.R. 5658. A bill making appropriations for ther continuing appropriations for the fiscal the Treasury Department, the United States year 2001, and for other purposes; to the tles: Postal Service, the Executive Office of the Committee on Appropriations. On December 7, 2000: President, and certain Independent Agencies f H.R. 2415. To enhance security of United for the fiscal year ending September 30, 2001, States missions and personnel overseas, to and for other purposes; to the Committee on ADDITIONAL SPONSORS authorize appropriations for the Department Appropriations. Under clause 7 of rule XII, sponsors of State for fiscal year 2000, and for other By Mr. KASICH: purposes. H.R. 5659. A bill to amend title II of the So- were added to public bills and resolu- H.J. Res. 127. Making further continuing cial Security Act provide for personal Social tions as follows: appropriations for the fiscal year 2001, and Security accounts and to maintain the sol- H.R. 1865: Mr. MANZULLO. for other purposes. vency of the old-age, survivors, and dis- H.R. 4001: Mr. BROWN of Ohio. On December 8, 2000: ability insurance program; to the Committee H.R. 4506: Mr. GUTIERREZ. H.R. 3514. To amend the Public Health H.R. 4543: Mr. BOUCHER. Service Act to provide for a system of sanc- on Ways and Means. H.R. 4776: Mr. FOSSELLA. tuaries for chimpanzees that have been des- By Mr. EWING (for himself, Mr. COM- H.R. 4935: Mr. MURTHA. ignated as being no longer needed in research BEST, Mr. LEACH, Mr. LAFALCE, and H.R. 5091: Mr. DOYLE. conducted or supported by the Public Health Mr. BLILEY): H.R. 5275: Mr. BONILLA. Service, and for other purposes. H.R. 5660. A bill to reauthorize and amend H.R. 3048. To amend section 879 of title 18, the Commodity Exchange Act to promote H.R. 5612: Mr. BERMAN and Mr. CROWLEY. United States Code, to provide clearer cov- legal certainty, enhance competition, and re- H.R. 5642: Mr. CHAMBLISS and Mr. STEARNS. erage over threats against former Presidents duce systemic risk in markets for futures H. Con. Res. 363: Mr. WYNN and Mr. KAN- and members of their families, and for other and over-the-counter derivatives, and for JORSKI. purposes. other purposes; to the Committee on Agri- H. Con. Res. 443: Mr. WELDON of Florida H.R. 4281. To establish, wherever feasible, culture, and in addition to the Committees and Mr. WAMP. guidelines, recommendations, and regula- on Banking and Financial Services, Com- H. Con. Res. 445: Mr. GREEN of Texas, Mr. tions that promote the regulatory accept- merce, and the Judiciary, for a period to be EDWARDS, Mr. BENTSEN, Mr. DOGGETT, Ms. ance of new or revised scientifically valid subsequently determined by the Speaker, in SANCHEZ, Mr. ARCHER, Mr. WELDON of Flor- toxicological tests that protect human and each case for consideration of such provi- ida, Ms. SCHAKOWSKY, Mr. LAMPSON, Mr. animal health and the environment while re- sions as fall within the jurisdiction of the BAKER, Mr. KANJORSKI, Mr. INSLEE, Mrs. ducing, refining, or replacing animal tests committee concerned. ROUKEMA, Mr. LAZIO, Mr. SANDERS, Ms. and ensuring human safety and product ef- By Mr. THOMAS (for himself, Mr. BLI- VELA´ ZQUEZ, Mr. SERRANO, Mrs. JONES of fectiveness. LEY, and Mr. BILIRAKIS): Ohio, Mr. HALL of Texas, Mrs. BIGGERT, Mr. H.R. 4827. To amend title 18, United States H.R. 5661. A bill to amend titles XVIII, BACA, Ms. LEE, Mr. COOK, Mr. BEREUTER, Ms. Code, to prevent the entry by false pretenses XIX, and XXI of the Social Security Act to EDDIE BERNICE JOHNSON of Texas, Mr. TURN- to any real property, vessel, or aircraft of provide benefits improvements and bene- ER, Mr. HINOJOSA, Mr. PASTOR, Ms. JACKSON- the United States or secure area of any air- ficiary protections in the Medicare and Med- LEE of Texas, Mr. CAPUANO, Mr. SHERMAN, port, to prevent the misuse of genuine and icaid Programs and the State child health Mr. REYES, Mr. NEY, Mr. STENHOLM, Ms. counterfeit police badges by those seeking to insurance program (SCHIP), as revised by GRANGER, Mr. GUTIERREZ, Mr. FRANKS of commit a crime, and for other purposes. the Balanced Budget Act of 1997 and the New Jersey, Mr. SANDLIN, Mr. DELAY, Mr. H.R. 4640. To make grants to States for Medicare, Medicaid, and SCHIP Balanced SMITH of Texas, and Mr. SESSIONS. carrying out DNA analyses for use in the Budget Refinement Act of 1999, and for other H. Res. 659: Ms. HOOLEY of Oregon, Mrs. Combined DNA Index System of the Federal purposes; to the Committee on Ways and LOWEY, and Mr. MENENDEZ. Bureau of Investigation, to provide for the Means, and in addition to the Committee on f collection and analysis of DNA samples from Commerce, for a period to be subsequently certain violent and sexual offenders for use determined by the Speaker, in each case for EXECUTIVE COMMUNICATIONS, in such system, and for other purposes. consideration of such provisions as fall with- ETC. H.J. Res. 128. Making further continuing in the jurisdiction of the committee con- Under clause 8 of rule XII, executive appropriations for the fiscal year 2001, and cerned. for other purposes. By Mr. ARCHER (for himself and Mr. communications were taken from the On December 11, 2000: ARMEY): Speaker’s table and referred as follows: H.J. Res. 129. Making further continuing H.R. 5662. A bill to amend the Internal Rev- 11364. A letter from the Secretary, Depart- appropriations for the fiscal year 2001, and enue Code of 1986 to provide for community ment of Defense, transmitting a response to for other purposes. revitalization and a 2-year extension of med- Section 216 of the National Defense Author- f ical saving accounts, and for other purposes; ization Act for Fiscal Year 1998, P.L. 105–85 ADJOURNMENT to the Committee on Ways and Means. regarding the Global Hawk Program; to the By Mr. TALENT (for himself and Ms. Committee on Armed Services. Mr. YOUNG of Florida. Mr. Speaker, VELA´ ZQUEZ): 11365. A letter from the Director, Regula- I move that the House do now adjourn. H.R. 5663. A bill to provide for community tions Policy and Management Staff, FDA, The motion was agreed to; accord- renewal and new markets initiatives; to the Department of Health and Human Services, ingly (at 9 o’clock and 45 minutes Committee on Small Business. transmitting the Department’s final rule— a.m.), under its previous order, the By Mr. MARKEY: Food Labeling, Safe Handling Statements, House adjourned until today, Friday, H.R. 5664. A bill to establish the 21st Cen- Labeling of Shell Eggs; Refrigeration of December 15, 2000, at 10 a.m. tury Bipartisan Electoral Commission to Shell Eggs Held for Retail Distribution make recommendations to carry out a Vot- [Docket Nos. 98N–1230, 96P–0418, and 97P–0197] f ers’ Bill of Rights for the 21st century, and (RIN: 0910–AB30) received December 13, 2000, PUBLIC BILLS AND RESOLUTIONS for other purposes; to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House Administration, and in addition to the mittee on Commerce. Under clause 2 of rule XII, public Committees on the Judiciary, and Com- 11366. A letter from the Special Assistant bills and resolutions of the following merce, for a period to be subsequently deter- to the Bureau Chief, Mass Media Bureau, titles were introduced and severally re- mined by the Speaker, in each case for con- Federal Communications Commission, trans- ferred, as follows: sideration of such provisions as fall within mitting the Commission’s final rule— By Mr. PORTER: the jurisdiction of the committee concerned. Amendment of Section 73.202(b), Table of Al- H.R. 5656. A bill making appropriations for By Mr. QUINN: lotments, FM Broadcast Stations (Darby and the Departments of Labor, Health and H.R. 5665. A bill to amend title IV of the STEVENSville, Montana) [MM Docket No. 99– Human Services, and Education, and related Employee Retirement Income Security Act 220; RM–9601; RM–9636] received December 11, agencies for the fiscal year ending Sep- of 1974 to adjust the monthly multiemployer 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tember 30, 2001, and for other purposes; to plan benefit guaranteed thereunder; to the Committee on Commerce. the Committee on Appropriations. Committee on Education and the Workforce. 11367. A letter from the Special Assistant By Mr. TAYLOR of North Carolina: By Mr. YOUNG of Florida: to the Bureau Chief, Mass Media Bureau, H.R. 5657. A bill making appropriations for H.J. Res. 133. Joint resolution making fur- Federal Communications Commission, trans- the Legislative Branch for the fiscal year ther continuing appropriations for the fiscal mitting the Commission’s final rule—

VerDate Aug 04 2004 14:12 Jan 27, 2005 Jkt 029102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 December 14, 2000 CONGRESSIONAL RECORD—HOUSE 26659 Amendment of Section 73.202(b), Table of Al- Final Actions for the period ending Sep- purposes; jointly to the Committees on lotments, FM Broadcast Stations (McCook, tember 30, 2000, pursuant to 5 U.S.C. app. Armed Services and Resources. Nebraska) [MM Docket No. 00–82; RM–9841] (Insp. Gen. Act) section 5(b); to the Com- 11384. A letter from the General Counsel, received December 11, 2000, pursuant to 5 mittee on Government Reform. Office of Compliance, transmitting a Report U.S.C. 801(a)(1)(A); to the Committee on 11376. A letter from the Vice President for on Occupational Safety and Health Inspec- Commerce. Legal Affairs, General Counsel & Corporate tions Conducted Under Section 215 of the 11368. A letter from the Special Assistant Secretary, Legal Services Corporation, Congressional Accountability Act of 1995, to the Bureau Chief, Mass Media Bureau, transmitting the semiannual report on the pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Federal Communications Commission, trans- activities of the Office of Inspector General the Committees on House Administration mitting the Commission’s final rule— for the period April 1, 2000, through Sep- and Education and the Workforce. Amendment of Section 73.202(b), Table of Al- tember 30, 2000, and the corresponding report lotments, FM Broadcast Stations (Des of the Corporation’s Board of Directors, pur- f Moines, New Mexico) [MM Docket No. 00–66; suant to 5 U.S.C. app. (Insp. Gen. Act) sec- REPORTS OF COMMITTEES ON RM–9842] received December 11, 2000, pursu- tion 5(b); to the Committee on Government ant to 5 U.S.C. 801(a)(1)(A); to the Committee Reform. PUBLIC BILLS AND RESOLUTIONS on Commerce. 11377. A letter from the Chairman, Na- Under clause 2 of rule XIII, reports of 11369. A letter from the Chairman, Federal tional Endowment for the Humanities, trans- committees were delivered to the Clerk Energy Regulatory Commission, transmit- mitting a report on the Strategic Plan for for printing and reference to the proper ting a report on Proposing Remedies For Fiscal Year 2001—Fiscal Year 2005; to the California Wholesale Electric Markets and a Committee on Government Reform. calendar, as follows: report on Western Markets and the Causes of 11378. A letter from the Commissioner, So- Mr. YOUNG of Alaska: Committee on Re- the Summer 2000 Price Abnormalities; to the cial Security Administration, transmitting sources. H.R. 3080. A bill to amend the Indian Committee on Commerce. the Fiscal Year 2000 Performance and Ac- Self-Determination and Education Assist- 11370. A letter from the Assistant Legal countability Report; to the Committee on ance Act to direct the Secretary of the Inte- Adviser for Treaty Affairs, Department of Government Reform. rior to establish the American Indian Edu- State, transmitting copies of international 11379. A letter from the Assistant Sec- cation Foundation, and for other purposes agreements, other than treaties, entered into retary, Land and Minerals Management, De- (Rept. 106–1028, Pt. 1). Ordered to be printed. by the United States, pursuant to 1 U.S.C. partment of the Interior, transmitting the Mr. YOUNG of Alaska: Committee on Re- 112b(a); to the Committee on International Department’s final rule—Oil and Gas and sources. House Concurrent Resolution 63. Relations. Sulphur Operations in the Outer Continental Resolution expressing the sense of the Con- 11371. A letter from the Secretary, Depart- Shelf—Update of Documents Incorporated by gress opposing removal of dams on the Co- ment of Labor, transmitting the semiannual Reference—API Specification 14A, Tenth lumbia and Snake Rivers for fishery restora- reports to the Congress of the Pension Ben- Edition (RIN: 1010–AC66) received December tion purposes (Rept. 106–1029, Pt. 1). Ordered efit Guaranty Corporation’s Executive Direc- 11, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to to be printed. tor and the Office of Inspector General for the Committee on Resources. f the period April 1, 2000, through September 11380. A letter from the Acting Director, 30, 2000, pursuant to 5 U.S.C. app. (Insp. Gen. Office of Sustainable Fisheries, NMFS, Na- TIME LIMITATION OF REFERRED tional Oceanic and Atmospheric Administra- Act) section 5(b); to the Committee on Gov- BILL ernment Reform. tion, transmitting the Administration’s final 11372. A letter from the Executive Director, rule—Fraser River Sockeye and Pink Salm- Pursuant to clause 5 of rule X the fol- District of Columbia Retirement Board, on Fisheries; Inseason Orders [I.D. 102600E] lowing action was taken by the Speak- transmitting the personal financial disclo- received December 13, 2000, pursuant to 5 er: sure statements of Board members, pursuant U.S.C. 801(a)(1)(A); to the Committee on Re- H. Con. Res. 63. Referral to the Committee to D.C. Code section 1–732 and 1–734(a)(1)(A); sources. on Transportation and Infrastructure ex- to the Committee on Government Reform. 11381. A letter from the Assistant Sec- 11373. A letter from the Comptroller Gen- retary of the Army (Civil Works), Depart- tended for a period ending not later than De- eral, General Accounting Office, transmit- ment of the Army, transmitting a report on cember 15, 2000. ting a report on the failure of the National the South Sacramento County Streams, f Security Council to provide access to certain California; to the Committee on Transpor- documents to the General Accounting Office, tation and Infrastructure. MEMORIALS pursuant to 31 U.S.C. 716(b)(1); to the Com- 11382. A letter from the Chief, Regulations mittee on Government Reform. Unit, Internal Revenue Service, transmitting Under clause 3 of rule XII, memorials 11374. A letter from the Executive Director, the Service’s final rule—Electronic Tip Re- were presented and referred as follows: Committee For Purchase From People Who ports [TD 8902] (RIN: 1545–AV28) received De- 493. The SPEAKER presented a memorial Are Blind Or Severely Disabled, transmitting cember 13, 2000, pursuant to 5 U.S.C. of the Senate of the Commonwealth of The the Committee’s final rule—Additions to and 801(a)(1)(A); to the Committee on Ways and Mariana Islands, relative to Senate Joint Deletions from the Procurement List—re- Means. Resolution No. 12–2 memorializing the ceived December 12, 2000, pursuant to 5 11383. A letter from the Acting Assistant United States Congress to authorize and ap- U.S.C. 801(a)(1)(A); to the Committee on Gov- Secretary for Fish and Wildlife and Parks, propriate funding necessary for the rehabili- ernment Reform. Department of the Interior, transmitting a tation, reconstruction, and repair of the 11375. A letter from the Chairman, Federal draft of proposed legislation to convey cer- Tinian Harbor Breakwater, at San Jose, Trade Commission, transmitting the report tain Federal lands in Puerto Rico to the Tinian; to the Committee on Transportation on the Federal Trade Commission’s Report of Commonwealth of Puerto Rico, and for other and Infrastructure.

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H14DE0.000 H14DE0 26660 EXTENSIONS OF REMARKS December 14, 2000 EXTENSIONS OF REMARKS

CENTRAL NEW JERSEY CELE- Mr. Linares began his exceptional career in In 1987, Kevin decided to try life in the pri- BRATES THE 40TH ANNIVERSARY law as the Examining Attorney at the New vate sector, focusing on public affairs. He OF B.P.O.E. JAMESBURG ELKS York Department of Investigation, where he stayed in touch, and I kept my eye on him, LODGE 2180 supervised white collar crime and corruption. even though he was no longer working in A short time later, he took a position as trial Congress. HON. RUSH D. HOLT attorney with Horowitz, Bross, Sinnins & Impe- I became Chairman of the Education and OF NEW JERSEY rial, P.A. In 1982 Mr. Linares founded his own Workforce Committee in 1995. When I had an IN THE HOUSE OF REPRESENTATIVES firm, now called Partner, Linares, Coviello & opening for the Committee’s Chief of Staff in 1997, I asked Kevin to come back to Con- Thursday, December 14, 2000 Santana, which specializes in product liability. Mr. Linares has achieved numerous awards, gress to help me accomplish what remained to Mr. HOLT. Mr. Speaker, I wish today to rec- honors, and memberships, including the Exxes be done before I finished my Congressional ognize the Jamesburg Elks Lodge 2180’s 40th County Bar Association Civil Trial Attorney career. anniversary. This organization continues to Achievement Award; Essex County Ethics During Kevin’s tenure as Chief of Staff, the make lasting contributions to the local commu- Committee; NJ Supreme Court Board on Trial Committee passed more than 45 significant nity through its hard work and dedication to Attorney Certification; past President of the NJ education and workforce bills. It was the Com- those in need. Hispanic Bar Association; Essex County Bar mittee’s most productive period in the last 20 The Jamesburg Elks began serving the Vice Chair; New Jersey Association of Trial years. We made significant improvements in community upon the approval of their local Lawyers; National Association of Trial Law- Head Start, child nutrition, job training, and charter on July 13, 1960. The first Exalted yers; and the NJ State Bar Association Prod- worker protection programs. We succeeded in Ruler of the Elks, Stanley Wzorek worked dili- ucts Liability Committee. shifting the focus from process to results, and gently to set the standard by which the Elks Mr. Linares has earned this appointment from quantity to quality. continue to serve the community today. In through his lifelong pursuit of justice and his Kevin Talley was a key participant in those 1975, the Elks were joined in their efforts with dedication to America and its laws. As a successes, and for that, I will always be grate- the formation of the Jamesburg Elks Ladies judge, he will serve with continued distinction ful. more importantly, Kevin is a friend, and I Auxiliary. and honor. am glad that my upcoming retirement will not The Elks contributions to the community Today, I ask my colleagues to join me in change that. take many forms. Through their donation of honoring Jose L. Linares not only for his ap- f space they help groups such as the Girl & Boy pointment to the Superior Court of New Jer- Scouts of America. They allow organizations sey, but also for the wonderful example he THE COMMODITY FUTURES for disabled veterans to host weekly events in has set for the Hispanic community. MODERNIZATION ACT OF 2000 their lodge such as lunch, bingo and health f check clinics. Recently, the Elks donated HON. THOMAS W. EWING cellphones to local school crossing guards in TRIBUTE TO KEVIN TALLEY OF ILLINOIS case of an emergency. IN THE HOUSE OF REPRESENTATIVES One of the greatest efforts of the Jamesburg HON. WILLIAM F. GOODLING Thursday, December 14, 2000 Elks is to host an annual Charity Ball to ben- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Mr. EWING. Mr. Speaker, today, I am intro- efit local children with disabilities. In the sum- ducing the Commodity Futures Modernization mer months, the Jamesburg Elks, in conjunc- Thursday, December 14, 2000 Act of 2000 which provides us with an historic tion with state assistance, send local children Mr. GOODLING. Mr. Speaker, I wish today opportunity to modernize the U.S. futures and with disabilities to Camp Moore for a weeklong to pay tribute to an individual who first came over-the-counter market laws. outdoor experience. to my Congressional office and who has The time is now to ensure that the United Jamesburg Elks Lodge 2180 is a great served the past three years as Chief of Staff States continued to be the world’s financial asset to Central New Jersey. I urge all my col- for the Committee on Education and the Work- leader. We have two of the three largest fu- leagues to join me today in recognizing its force. Kevin Talley is a very talented individual tures exchanges in the world, however, our dedication to community service and Central who has served other Members of Pennsylva- antiquated laws and regulations prevent them New Jersey. nia’s delegation and me in a variety of capac- from being as efficient and effective as pos- f ities. sible to compete in global markets. The legal IN HONOR OF JOSE L. LINARES’S Kevin’s first position in Congress was with uncertainty surrounding the U.S. over-the- APPOINTMENT TO THE SUPE- Hugh Scott, the Senate Minority Leader, counter markets must be removed to prevent RIOR COURT OF NEW JERSEY whom Kevin served as Press Secretary. He domestic business from migrating overseas came to my office in 1977 in a similar capacity and causing our share of these $90 trillion HON. ROBERT MENENDEZ and stayed for four years, becoming my Chief markets to shrink. OF NEW JERSEY of Staff and overseeing all operations in my The Commodity Futures Modernization Act IN THE HOUSE OF REPRESENTATIVES Washington and district offices. of 2000 contains the major provisions of the The management skills he acquired in those House passed H.R. 4541. These provisions Thursday, December 14, 2000 roles were expanded further when he joined are in titles I and II of the legislation and pro- Mr. MENENDEZ. Mr. Speaker, I rise today Senator John Heinz as Chief of Staff. in addi- vide regulatory relief for the domestic futures to honor Jose L. Linares for his appointment tion to handling administrative and public re- exchanges, legal certainty for over-the-counter to the Superior Court of New Jersey. Mr. sponsibilities with Senator Heinz, Kevin devel- products, and allow for the trading of single Linares will be sworn in on December 13, oped legislative initiatives on targeted jobs tax stock futures. 2000 in Newark, New Jersey. credits, Social Security Reform, campaign fi- This latest version of the legislation adds Jose L. Linares was born on November 30, nance reform, and unemployment compensa- two new titles not included in the original 1953 in Havana, Cuba, and at the age of 13, tion provisions. House passed bill. Title III, Legal Certainty for immigrated to the United States. He received In 1985, Senator Heinz demonstrated his Swap Agreements, provides guidelines for the his Bachelor’s Degree from Jersey City State confidence in Kevin by naming him as his SEC’s role in regulating swaps. in 1975 and his J.D. from Temple University deputy at the National Republican Senatorial Title IV, the ‘‘Legal Certainty for Bank Prod- Law School in 1978. Committee. ucts Act of 2000’’, excludes identified banking

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

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 December 14, 2000 EXTENSIONS OF REMARKS 26661 products from the Commodity Exchange Act. It rediscovered their ancient Chinese culture. Dr. Clark’s philosophy has always been that provides guidelines to determine the proper Through simple exercises, practitioners strove if he was going to be someone’s doctor, he regulator for hybrid products. If the regulators to renew their senses of Truthfulness, Com- was going to be it 24 hours a day, 7 days a do not agree on who should regulate a prod- passion and Forbearance that serve as a week. In the early days of his practice, he uct, the court will decide. foundation for their happiness and spiritual would make rounds at the hospital, work at his Senator LUGAR and Senator GRAMM have satisfaction. Ultimately, individuals found clinic all day, and then pick up his house calls worked tirelessly in the Senate, with the strength, physical well-being and peace as for the nights, working as late as 10 p.m. each House, and with the Administration to make they embraced the simplicity of this self-im- night. this bill possible. provement practice. Dr. Clark, at the age of 73 shows no signs Secretary Summers in coordination with But despite the recognition that Mr. Li of slowing down his service as a physician. He Chairman Rainer and Chairman Levitt and gained throughout the world and despite the sees an average of 60 patients a day, cares countless numbers of their staff put in many thousands of practitioners scattered all over for about 20 more in the hospital, and 110 in hours working through this language to reach the globe, a crackdown occurred—a crack- the local nursing home. Twice a week he agreement. down that denied the right to freedom of reli- works the 12 hour night shift at the Scott Re- Finally, I would like to thank Chairman COM- gion to thousands of Chinese citizens. gional Hospital emergency room. Twice a BEST, Chairman LEACH, Chairman BLILEY and Apparently through fear of losing control month, he handles the 36 hour weekend shift all the Ranking Members who have worked so over its citizens, the Chinese government at the emergency room. hard on this legislation, particularly to pass the started a crusade to persecute those prac- The commitment of Dr. Clark to the town of H.R. 4541 version of this bill through the ticing Falun Dafa. Characterized as an ‘‘evil Morton, Scott County, and the surrounding House, and to produce the final package we force,’’ the Chinese government worked tire- area is legendary. In a letter to the ‘‘Country have presented today. Everyone involved and lessly to suppress the practice of Falun Dafa Doctor of the Year’’ nomination committee, their staff should be commended for their ex- by enacting anti-cult laws and committing Morton’s Mayor Charles Steadman wrote that traordinary efforts. human rights abuses. ‘‘Dr. Clark has served the local high school as It is my hope that this legislation will enable Although Falun Dafa believers lead peaceful the Doc on the sidelines at all ball games at America to continue being the world leader in lives and emphasize nonviolence, practitioners no charge, having missed only one game in financial markets for decades to come. found themselves being persecuted, beaten 48 years because he was delivering a baby. In f and imprisoned for simply practicing their be- the past few years, he had heart surgery on a Tuesday and was at the game with the team AMERICAN HOMEOWNERSHIP AND liefs. Numerous men and women have been the victims of torture, suffering and death, and the following Friday night.’’ Michael Edwards, ECONOMIC OPPORTUNITY ACT OF Administrator at Scott Regional Hospital wrote 2000 many individuals feel that these attacks on Falun Dafa practitioners are unconscionable that in 1994, ‘‘Dr. Clark had cervical surgery SPEECH OF and unwarranted. They fly in the face of free- one Monday morning after making his morning doms that we in the United States all too often hospital calls. He checked out of the hospital HON. MARGE ROUKEMA take for granted. Tuesday morning and saw patients in his clinic OF NEW JERSEY Mr. Speaker, all people should have the on the way home. He saw patients daily in his IN THE HOUSE OF REPRESENTATIVES right to practice their religious and philo- clinic and in the hospital during his post- Tuesday, December 5, 2000 sophical beliefs without persecution or preju- operative days. Not once, did I ever hear Dr. Clark complain.’’ Mrs. ROUKEMA. Mr. Speaker, I am very dice. Therefore, in honor of those men and women who have risked their lives for the Dr. Clark’s undergraduate degree is from pleased that H.R. 5640 included a provision, Mississippi State University and his medical originally included in my bill H.R. 3637, that practice of Falun Dafa and in honor of the emotional and physical benefits that Falun degree is from Tulane University. He and his makes certain technical corrections to the wife, Jackie, together have 13 children, 22 Homeowners Protection Act of 1998. Although Dafa has given to thousands of practitioners worldwide, I urge my colleagues to join me in grandchildren, and 12 great-grandchildren. Six there is no specific effective date attached to of the children were born to Dr. Clark and his the provision, it is the expectation of Congress condemning this abuse of religious freedom. Let us recognize those who choose to partici- first wife, Mildred, who passed away 33 years that lenders subject to sections 402 (b) and ago. In the Morton area, Dr. Clark has deliv- (c); 405 (a) and (b); 406(c)(2) will have a rea- pate in the Falun Dafa movement and com- mend the contributions, spiritual fulfillment and ered more than 4,500 babies. sonable period of time to effect compliance Sid Salter, Editor of the Scott County Times with the terms of these sections. Those sec- happiness that it has offered to many individ- uals worldwide. newspaper stated that ‘‘Dr. Clark is most de- tions offer guidance on specific products and serving of this award because of his gen- processes that are not addressed in the origi- f erosity, stamina, bedside manner, dedication nal law. Lenders will need time to make sys- HONORING DR. HOWARD D. CLARK to community, and his medical ability.’’ Fur- tems changes and conform administrative ther, he said that Dr. Clark has been the com- processes to the new provisions. This flexi- HON. CHARLES W. ‘‘CHIP’’ PICKERING plete package in his county—serving his pa- bility is especially important because the tients, his town, his country, his state and na- OF MISSISSIPPI Homeowners Protection Act of 1998 does not tion, and his fellow man faithfully and true for IN THE HOUSE OF REPRESENTATIVES authorize a federal agency to provide imple- decades. menting regulations and guidance. Thursday, December 14, 2000 Thus, it is an honor indeed for me to recog- f Mr. PICKERING. Mr. Speaker, today I honor nize and bring to the attention of Congress a RECOGNIZING ‘‘FALUN DAFA Dr. Howard D. Clark, a constituent of mine fine Christian gentleman, my constituent from WEEK’’ from Morton, Mississippi, for receiving the Morton, Mississippi, Dr. Howard D. Clark, the ‘‘National Country Doctor of the Year’’ award National Country Doctor of the Year. Con- HON. RUSH D. HOLT for the year 2000. This award is sponsored by gratulations Dr. Clark. Safe Care, Inc., a national physician associa- f OF NEW JERSEY tion based in Irving, Texas. Dr. Clark was se- IN THE HOUSE OF REPRESENTATIVES THE MIDDLETOWN THRALL LI- lected for this award from 501 nominees sub- Thursday, December 14, 2000 BRARY CELEBRATES A CENTURY mitted from 41 states. Safe Care defines a OF SERVICE Mr. HOLT. Mr. Speaker, in May of 1992, Mr. ‘‘country doctor’’ as one who serves a commu- Li Hongzhi had an idea—one that would pro- nity with a population of 25,000 or less. HON. BENJAMIN A. GILMAN mote better health and moral living in the peo- Morton’s population is approximately 3,000 OF NEW YORK ple of China and those around the world who people. Dr. Clark, who has been practicing in IN THE HOUSE OF REPRESENTATIVES chose to partake in the ancient practice of Morton since 1965, is truly an ‘‘old time family Falun Dafa. doctor’’ who still makes house calls and knows Thursday, December 14, 2000 The phenomenon quickly swept the country his patients as people and friends, not strang- Mr. GILMAN. Mr. Speaker, I wish to call to and eventually the world as men and women ers. the attention of our colleagues the Centennial

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 26662 EXTENSIONS OF REMARKS December 14, 2000 of the Thrall Library in Middletown, N.Y. On stand as a common ground for all those who INDIAN POLICE TRY TO STOP January 12, 2001 the Middletown Thrall Li- want to learn. S. Maretta Thrall realized this. SIKHS FROM VISITING RELI- GIOUS SHRINE IN PAKISTAN— brary will celebrate 100 years of service to our Today’s libraries work hard to reach out to community. SIKHS REALIZE NEED FOR INDE- the cultural, social, and educational needs of The Thrall Library was first constructed at PENDENT KHALISTAN their patrons. The Thrall Library is constantly the turn of the century with funds donated by Mrs. Sabra Maretta Thrall. Mrs. Thrall gave looking for new ways to aid our community. HON. EDOLPHUS TOWNS the City of Middletown $30,000 with the in- With over seventeen thousand card holders to date, the number of members continues to OF NEW YORK struction that the money was to be used to IN THE HOUSE OF REPRESENTATIVES build a public library. It was important to Mrs. rise. Thursday, December 14, 2000 Thrall that all residents have access to the li- In 1983, I had the honor of placing the brary and that it remains open to the public. Thrall Library on the list of Federal Depository Mr. TOWNS. Mr. Speaker, many of us have At the time Mrs. Thrall made her donation, Libraries. Since then, Thrall Library has been spoken to the House about the oppression of Middletown was a thriving, vital railroad center one of two libraries in my Congressional Dis- Sikhs and other minorities in India. I am dis- in the midst of rich, productive farm land. trict to be provided with all federal government tressed to have to report yet another incident. Stately mansions sprang up in Middletown as publications. Last month, thousands of Sikhs gathered a result of the fortunes which were made in from around the world to celebrate the birth- the boom economy brought about by the ex- In honor of their 100th anniversary and all of day of the first Sikh guru, Guru Nankana plosion in industry and transportation which the great work that the Thrall Library has Sahib, in his birthplace, Nankana Sahib, which touched most parts of our nation. Mrs. Thrall achieved over the years, the members of the is in present-day Pakistan. My good friend Dr. was a widow whose late husband had made library plan to commemorate this milestone Gurmit Singh Aulakh, President of the Council his fortune as a grocer, both in Middletown event throughout the coming year. of Khalistan, was among those in attendance. and in New York City. This momentous occasion will be celebrated The government of Pakistan had issued 3,200 Although Mrs. S. Maretta Thrall was a pri- by the good people of Middletown, N.Y. with visas for Sikhs from Punjab to come across vate person, it can be deduced that her gen- a series of events. An illustrated history of the the border and visit Nankana Sahib for this very important religious occasion. At the Attari, erosity may have been inspired by Andrew library is being compiled and will be published railroad station on the border between India Carnegie, the man who became a millionaire as a journal. The Library is also planning to in the steel industry and who donated millions and Pakistan, a group of 6,000 police with allot each month of the year 2001 a different of dollars to construct libraries in over 1,400 sticks called lathis charged the 3,200 Sikhs. theme, drawing patrons to the library for a va- communities throughout the United States. They sprayed them with tear gas. Only 800, Mrs. Thrall’s obituary was published on July riety of celebrations. While honoring their one-fourth of the number granted visas, were 7, 1897. She was about 65 years of age at the years of service, the library will also be hon- allowed to go to Nankana Sahib. Three-fourths time of her passing, and was a widow pre- oring the community and all of its members. were prevented from attending this religious ceded in death not only by her husband but As we celebrate this centennial, we espe- event. also by her only brother and only child. Her cially salute and thank the current Board of Now, Mr. Speaker, this is purely a religious obituary stated that she had ‘‘a naturally bright Trustees of the Thrall Library: Ms. Marlena F. event. There was no politics involved. It was and sunny disposition, and was surrounded by Lange, President; Mr. Richard Bell, Vice Presi- an observance of a religious occasion at a re- friends.’’ The obituary went on to say that she dent; Mr. Ralph Russo, Secretary; Mrs. Ger- ligious shrine, not a rally against the govern- could not enjoy her fortune because ‘‘disease trude Mokotoff; and Mr. Stephen Shaw. We ment of India. There was no good reason to laid its stern hand upon her.’’ also salute and thank Mr. Kevin Gallagher, the prevent these Sikhs from attending this reli- Prior to her death Mrs. Thrall had left money current library Administrator. gious event except to intimidate them and cre- and land to the City of Middletown for what ate a climate of fear because of their religion. were known as Thrall Hospital and Thrall The work that is being done by the Thrall Li- Freedom of religion is one of the essential Park. The provisions for the Thrall Library brary and other public libraries like it through- freedoms of a democratic state, yet this action were included in a codicil to her will. The li- out the country is amazing. Thrall has been makes it clear again that religious freedom brary was built on a city owned lot on Orchard bringing its patrons together and enriching does not exist in India. It may exist in theory, Street. their lives for a century. We are proud of the it may be written in Indian law, but in actual Now a century old, the Thrall Library has significant strides made by such this great in- fact there is no religious freedom for Sikhs, made a great amount of progress throughout stitution. Christians, Muslims, and other minorities. In the years. When its doors first opened it was Mr. Speaker, some of the fondest memories practice, the real policy of the militant Hindu simply just a quiet place to research and read. nationalist Indian government, no matter who of my younger life were days and nights spent However, the Thrall Library has evolved into is charge, is to create a Hindu state and wipe reading at the Thrall Lilbrary. While our society so much more. It is now a resource center for out all other religious expressions. As former has changed in many ways since those years, the community. The library houses meeting Prime Minister Chandra Shekhar pointed out, rooms for local groups to gather at. As well, one thing which has remained constant is the there is no difference between the ruling BJP the library has instituted a number of pro- constant quest for knowledge, the insatiable and the opposition Congress Party. The effect grams for children to take part in. Located at curiosity, which motivates all of our young stu- for religious minorities is the same. the library are several computers that provide dents. It is to them that we dedicate the cen- Since 1984, according to Inderjit Singh free Internet services to its patrons. Often, we tennial of the Thrall Library, with the promise Jaijee’s The Politics of Genocide, over fail to realize just how important our libraries of much greater knowledge to come in the fu- 250,000 Sikhs have been murdered in India. are, and how much they offer. ture. India has killed more than 200,000 Christians On February 13, 1995, the Thrall Library of- One of our nation’s founding fathers, the ar- in Nagaland since 1947, over 70,000 Kashmiri ficially opened for business at its new location, chitect of our Constitution who went on to Muslims since 1988, and tens of thousands of the olde Erie Railroad Station at 11–19 Depot serve as our fourth President, James Madison, other minorities. There is only one way to put Street in Middletown—just a few steps from its once stated: ‘‘Learned institutions ought to be an end to the killing and the oppression, as original building on Orchard Street. In this favorite objects with every free people. They the Sikhs who were attacked at the Attari sta- modern, new location, the Thrall Library pre- throw that light over the public mind which is tion can tell you. It is to allow the people of pared to meet the challenges of the commu- the best security against crafty and dangerous Khalistan, the people of Kashmir, the people nications and education explosion which would of Nagalim, and all the nations of South Asia encroachments on the public liberty.’’ usher in the new millennium. to live in freedom. Public libraries are extremely important to As the 100th anniversary of the Middletown Mr. Speaker, it is time to tell the truth about our communities. They enlighten and enrich all Thrall Library approaches, let us recall these India. Despite its pretense of democracy, it is of the patrons that choose to take advantage words of James Madison and appreciate the a theocratic Hindu state where human rights of the vast resources that they have to offer. national treasure which is our public library for minorities are a matter of personal whim Public libraries educate all walks of life, and system. and political expediency. Such a country must

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 December 14, 2000 EXTENSIONS OF REMARKS 26663 be declared a violator of basic religious rights, The present Akali leadership is under Indian jab should not have to live that way. In a with all the penalties that entails. It must be government control. India will only allow free Khalistan, we can sell our produce any- declared a terrorist nation, as 21 of us wrote Akali leaders to come out of India if they toe where in the world to maximize our profit. to President Clinton earlier this year, and a the line of the Indian government. These We will not have to have our water diverted Akali leaders are not welcome in foreign to non-riparian states. Free Khalistan will hostile country, as 17 of us wrote in another countries. bring economic prosperity for the farmers of letter. Given this abysmal record the United None of the political parties will lead Pun- Punjab in particular and other Punjabis in States must stop its aid to India and demand jab, Khalistan to freedom. The Shiromani general. Indian rule only means economic a free and fair plebiscite in Punjab, Khalistan, Akali Dal, under the leadership of Chief Min- deprivation and slavery. in Kashmir, in Nagaland, and throughout India ister Badal, is in political coalition with the India claims that it is a democracy, but to decide the future of these Indian-held states militant Hindu nationalist Bharatiya Janata there is more to democracy than elections. in a democratic way. These measures will Party (BJP), which is part of the RSS, an or- Democracies don’t commit genocide. If India help to ensure that the glow of freedom can fi- ganization founded in support of Fascism. is a democracy, then why won’t it allow the people of Punjab, Khalistan, Kashmir, and nally shine on all the people of South Asia. Badal has not even kept the modest promises that he made to get elected: to free the polit- the other minority nations it occupies to I would like to submit the Council of ical prisoners and to hold police officers re- vote on their political status in a free and Khalistan’s open letter on this incident into the sponsible for their actions in the genocide fair plebiscite? RECORD at this time. It is very informative, and against the Sikh Nation. Gurcharan Singh India is very unstable. India is on the verge I urge everyone to read it. Tohra, leader of the All-India Akali Dal, of disintegration. It will disintegrate by the COUNCIL OF KHALISTAN, worked with the Indian government prior to year 2010. Kashmir is going to be free from Washington, DC, December 7, 2000. the attack on the Golden Temple and surren- Indian control soon. As soon as Kashmir is free, Khalistan will follow it. The only way POLICE HARASS SIKH PILGRIMS TO DISCOUR- dered to the Indian forces when they came to escape Indian slavery is to liberate AGE THEM FROM VISITING NANKANA SAHIB into the Sikh Nation’s holiest shrine. Simranjit Singh Mann was elected to Par- Khalistan. New Sikh leadership must emerge THERE IS NO PLACE FOR SIKHS IN INDIAN ‘‘DE- liament with the support of Badal after to free the Sikh Nation. They should demand MOCRACY’’—PROFESSOR DARSHAN SINGH SAID promising not to mention Khalistan. At the self-determination. They should raise the AT NANKANA SAHIB, ‘‘IF A SIKH IS NOT A Sikh Day Parade in New York, Mann would slogan ‘‘India Quit Khalistan’’ and start KHALISTANI, HE IS NOT A SIKH’’ not join in when the crowd chanted Shantmai Morcha until we achieve freedom. KHALSA JI: Last month, it was my privi- ‘‘Khalistan Zinbabad.’’ Even U.S. Congress- We have now seen how the India government lege to attend the 531st birthday celebration man Major Owens joined in. Yet Mann would controls Sikh institutions and the entire of Guru Nanak Sahib. I would like to thank not do so. This revealed his true colors. In Sikh leadership in Punjab. everyone involved for their hospitality. How- 1989, he wrote to the Chief Justice of India Unless the Sikh Nation brings back the ever, some Sikh pilgrims from Punjab who pledging his support for India’s constitution Sikh spirit and fight for truth and justice as tried to attend this important religious and territorial integrity. practiced by Guru Nanak, the Khalsa Panth event were not so cordially treated. A major- The Congress Party is no better. It is the will not prosper. Remember Guru required ity of the Sikhs were stopped at the Attari the Khalsa to remove evil. Only in a free railway station on the border by 6000 police party that conducted the invasion and dese- cration of the Golden Temple. Recently, Khalistan will Sikhs be able to live as re- with lathis. 3200 pilgrims were beaten by the quired by the Guru. Only in a free Khalistan police and tear gas was used. Only 800 were former Prime Minister Chandra Shekhar said that there is no difference between the can the Sikh religion flourish. Only then can allowed to visit Nankana Sahib. It was very the Sikh Nation finally enjoy the glow of clear to the Sikhs that the Indian govern- BJP and Congress, and he is right. India’s genocide against the Sikh Nation freedom that is our birthright. Let us join ment does not want Sikhs to visit Guru hands to accomplish our goal of a free Nanak’s birthplace. These Sikhs from Pun- highlights the problem the Sikh Nation faces without our own raj. The Indian government Khalistan by 2010. jab realize that they need a free and inde- Khalsa Ji, the responsibility is ours. We pendent Khalistan so that no one can ever continues its effort to try to wipe the Sikh religion out of existence. A free Khalistan is must start a Khalsa Raj Party and begin a again stop them from participating in the Shantmai Morcha to liberate Khalistan. We birthday celebration of Guru Nanak in essential for the survival of the Sikh Nation. There are still 50,000 Sikhs rotting in In- must stop supporting leaders who are under Nankana Sahib. the control of the brutal Indian government. This harassment of Sikhs shows us again dian jails without charge or trial. Yet the We must remember our heritage, ‘‘Khalsa that we need a sovereign, independent Sikh leaders have remained silent. Accord- Bagi Yan Badshah.’’ Let us commit ourselves Khalistan to visit our holy shrines, to pro- ing The Politics of Genocide by Inderjit Singh to liberate Khalistan and control our own tect our rights, our security, and our dig- Jaijee, over 250,000 Sikhs have been mur- destiny so that the Sikh Nation can flourish nity. Under Indian rule, Sikhs are not even dered at the hands of the Indian government and prosper. Support only those new leaders allowed to visit Guru Nanak’s birthplace to according to the Punjab State Magistracy, who are honest, dedicated, fearless, and com- celebrate his birthday. Sikhs are slaves yet the Sikh leadership remains silent. Why mitted to freedom for Khalistan. Any other under Indian rule. As long as India continues can’t they start a Shantmai Morcha to free course is support for keeping the Khalsa to occupy our homeland, our slavery will the Sikh political prisoners? Panth in slavery. continue. There is only one solution: a sov- The massacre of 35 Sikhs in Chithi Sincerely, ereign, free, and independent Khalistan. Only Singhpora shows that without sovereignty, DR. GURMIT SINGH AULAKH, in a free Khalistan can Sikhs live in free- the Indian oppression of the Sikh Nation will President, dom, dignity, prosperity, and peace. Without continue. Two exhaustive investigations Council of Khalistan. political power, nations perish. Professor have proven that the Indian government is Darshan Singh Ragi, former Jathedar of the responsible for this massacre. Now the In- f Akal Takht, said, ‘‘If a Sikh is not a dian government has even admitted that the Khalistani, he is not a Sikh.’’ We must re- alleged militants they killed were innocent. TRIBUTE TO ALLAN HOWE (D– claim our lost sovereignty. If the BJP wants This atrocity underlines the need for a sov- UTAH), FORMER MEMBER OF Hindu Raj, then why does it object to Khalsa ereign, independent Khalistan. The Indian THE U.S. HOUSE OF REPRESENT- Raj? government has demonstrated that it can ATIVES The Sikh Nation is sovereign and ruled conduct massacres of Sikhs whenever and Punjab up to 1849 when the British took wherever it wants. The Khalsa Panth must over. Punjab was recognized by most of the answer this wake-up call and free Khalistan. HON. JAMES V. HANSEN world’s major powers at that time. It was a Punjab is a police state. None of the polit- OF UTAH truly democratic, truly secular state, rule of ical parties will bring us Khalistan. If we do IN THE HOUSE OF REPRESENTATIVES not show courage and liberate Khalistan, the the Punjabis, by the Punjabis, for the Thursday, December 14, 2000 Punjabis. Maharajah Ranjit Singh had Mus- coming generations of Sikhs will also live in lims and Hindus in his cabinet and among slavery. They will not forgive us if we do not Mr. HANSEN. Mr. Speaker, I am pleased his generals. Under his rule, religious shrines liberate our homeland. today to pay special tribute to a gentleman of all religions were built, with his support. In Panjab, they will not procure your rice whom I—and many of my colleagues—knew This is the kind of state that India claims to crop. Farmers are forced to buy fertilizer at and respected for many years. Our good extremely high prices; then the government be, but is not. Behind the pretense of secular friend Allan Howe (D-Utah) passed away democracy, India is a Hindu theocratic state buys up all their produce at artificially low that oppresses Sikhs, Christians, Muslims, prices to keep the farmers poor even though today, December 14, 2000, after a valiant and others. Panjab, with just two percent of the popu- struggle with heart disease. Some of you may The Sikhs outside India are Khalistanis. lation, produces over 60 percent of India’s recall Allan from his service in the U.S. House They are the ones who will free Khalistan. wheat and rice reserves. The farmers of Pun- of Representatives from 1975–77. Earlier this

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 26664 EXTENSIONS OF REMARKS December 14, 2000 year, Allan retired from his position as Wash- promised benefits will nearly double, even of San Leandro during her tenure on the city ington Representative for the National Park after adjusting for inflation. Under this legisla- council. Joanne has chosen not to run for an- Hospitality Association after decades of valu- tion, benefits for workers under the age of 55 other term on the city council. Her voice on able service. At NPHA, Allan worked tirelessly will be increased by the consumer price index. the council will be missed but we look forward to make sure that we in the Congress under- Switching from wage indexing to price index- to many more years of her dedicated commu- stood the concerns of the many businesses, ing will eliminate the Social Security shortfall nity service. large and small, that work as partners in serv- and avoid future payroll tax increases while at f ing the millions of visitors to our National the same time guaranteeing today’s level of IMPROVING QUALITY OF CARE IN Parks. We are grateful for those efforts. We benefits for future retirees. ASSISTED LIVING FACILITIES also salute his years of public service, starting Workers under the age of 55 will also be back home in Utah, where he worked as a given the option to invest an average of 2% of city, county and state attorney, as Executive their wages in their own personal savings ac- HON. FORTNEY PETE STARK Director of the four Corners Regional Develop- count. The exact amount each worker can in- OF CALIFORNIA ment Commission, and as an aide to the gov- vest will be related to their wages in order to IN THE HOUSE OF REPRESENTATIVES ernor. Here on Capitol Hill he served the peo- maintain the progressivity of the current Social Thursday, December 14, 2000 ple of Utah as well, as an administrative as- Security system. Based on historical rates of Mr. STARK. Mr. Speaker, the Institute of sistant to Senator Frank Moss, and then as a return, most workers who choose to set up a Medicine will shortly release a publication enti- Member of Congress himself, serving on what personal account will earn far greater benefits tled, ‘‘Improving the Quality of Long-Term are now the Resources and Transportation than the govenrment could ever afford to pro- Care.’’ A committee of our nation’s leading ex- and Infrastructure Committees. After leaving vide under current law. perts in the area of long-term care compiled the Congress, he remained in Washington and Today’s economic prosperity provides us information on quality in various long-term worked on a variety of important issues, in- with an historic opportunity to preserve Social care approaches, including assisted living. cluding solar energy, prior to focusing on Na- Security for three generations—our parents, The report finds that there are few studies tional Park matters. ourselves, and our children. We must seize of outcomes and quality in assisted living fa- Allan’s career was marked by a deep love this opportunity and build a bipartisan con- cilities, primarily because of the lack of a uni- of this country and a strong appreciation of its sensus for Social Security reform. form definition of this category of facilities. As- magnificent natural wonders, both nurtured f sisted living facilities can have enormous vari- from his earliest days as a boy in Utah. That ation in services and environment, and the love of country and the great outdoors served HONORING JOANNE LOTHROP varying definitions from state to state make him and the people of this country very well comparisons difficult. for very many years. So, thank you, Allan, and HON. FORTNEY PETE STARK The report also finds that the small body of Godspeed. OF CALIFORNIA research that does exist illustrates that ‘‘resi- f IN THE HOUSE OF REPRESENTATIVES dential care facilities, including assisted living, Thursday, December 14, 2000 present a mixed picture in terms of both qual- PERSONAL SOCIAL SECURITY ity of care and quality of life. Some offer indi- ACCOUNT ACT OF 2000 Mr. STARK. Mr. Speaker, today I pay tribute vidualized, high-quality care in facilities that af- to Joanne Lothrop, a longtime community ac- ford privacy, dignity, and individualization. HON. JOHN R. KASICH tivist in San Leandro, where she has served However, others appear to lack adequately OF OHIO on the city council since 1996. trained staff, and offer neither sufficient IN THE HOUSE OF REPRESENTATIVES Her involvement in public service began amount of care nor privacy and ‘homelike’ set- nearly 22 years ago as a volunteer with the Thursday, December 14, 2000 tings. Also, there are indications that con- Girls, Inc. program. As a staff member, she sumers may receive too little information to Mr. KASICH. Mr. Speaker, today I am intro- learned the importance of being a role model make informed choices regarding these facili- ducing the ‘‘Personal Social Security Account to youth and understood the importance of in- ties and the services provided.’’ Act of 2000.’’ Since its inception in 1935, So- troducing life skills to young women to foster Many consumers are drawn to the philos- cial Security has provided financial independ- leadership and independence. She was a pro- ophy of assisted living, a model developed to ence and retirement security for millions of gram director of Health Initiatives for Youth combine the care of other long-term care set- senior citizens. Unfortunately, Social Security and has an extensive background in commu- tings with an environment promoting dignity is on the road to bankruptcy. Just fifteen years nity organizing. Whether advocating on behalf and independence. This upcoming IOM report, from now, Social Security will not collect of inter-city children, farm workers, or HIV though, highlights the disconnect that exists enough payroll taxes to pay promised benefits. positive youth, Joanne’s focus is unwavering between the philosophy of assisted living and This is not a temporary problem limited to the and her commitment is exemplary. Joanne is its implementation. It references a study that retirement of the baby boomers. Americans always available to lend a hand be it fund- found only 11 percent of facilities provided are living longer and having fewer children. raising, advocacy, legislation, education, or high levels of both privacy and service, the There will be fewer workers to support each community organizing. philosophy of assisted living. On the contrary, retiree even after the baby boomers are gone. As a San Leandro City Councilwoman, Jo- the majority of assisted living facilities, 65 per- Social Security faces a cash shortfall of anne has worked toward a regional coopera- cent, offered low levels of service (e.g., no full- more than $130 trillion over the next 75 years. tive approach in the areas of environmental time registered nurse on staff) and 40 percent While these deficits will not affect today’s sen- justice and sustainable communities. She offered low levels of privacy. iors, our children face three choices—raise brought together citizens, business leaders, Another disconnect between assisted living payroll taxes by 50%, reduce promised bene- and environmental interests to form the West philosophy and practice is the concept of fits by 30%, or face a crushing burden of debt. San Leandro Advisory Committee to study the ‘‘aging in place.’’ Despite the marketing claims We must not let Social Security’s tidal wave of environmental impacts of both industrial and of consumers being able to live out their lives red ink be our legacy to America’s children. residential development. Joanne has dem- in their assisted living homes, consumers are We must find a way to protect our seniors’ re- onstrated leadership in maintaining the jobs- finding out they may not be able to obtain tirement security without sacrificing our chil- housing balance in San Leandro and adjacent needed services or be allowed to stay if they dren’s standard of living. That’s why I have in- communities. She has worked to retain high develop conditions that require more care. The troduced the ‘‘Personal Social Security Ac- wage employers in the city and attract new IOM report references a survey of assisted liv- count Act of 2000.’’ This legislation would in- businesses to increase job opportunities for ing facilities that found 76 percent of assisted crease future benefits by prices instead of San Leandro and East Bay residents. living facilities would discharge anyone who wages, and it would allow workers to create Joanne has received numerous awards and needed skilled nursing care for more than 14 their own personal savings account. special recognition including five National Girls days, and 72 percent had already done so Under current law, initial benefits for new re- Inc Outstanding Program Awards. I join her within the past 6 months. tirees are increased each year by the growth colleagues in thanking her for her community The wide variation in definitions of assisted in wages. As a result, over the next 75 years, service as well as her contributions to the city living facilities also poses problems for states

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 December 14, 2000 EXTENSIONS OF REMARKS 26665 in developing regulations that ensure quality. five other children that are just as talented and always known, that the faculty and students of Some states view assisted living as an alter- beautiful as the first. Vanessa—age 16, Irvington High School are first rate in every as- native to nursing home care while others view Tatiana—age 14, the twins Felipe and David— pect. assisted living as a model for people with less age 11, and the youngest Steven—age 5, all f serious conditions than nursing home resi- stand as a reminder of the excellence and dents. These differing perceptions as to what selflessness that was Gina. ELIMINATE RACIAL AND ETHNIC constitutes assisted living leads to varying I join with all of those who loved Gina in ex- DISPARITIES IN HEALTH CARE standards from state to state. In my view, tending our prayers to the family and hope there needs to be a more consistent approach they find peace and comfort during this time of HON. FORTNEY PETE STARK to ensuring quality and protections for the resi- sorrow. OF CALIFORNIA dents in these facilities. God Bless. IN THE HOUSE OF REPRESENTATIVES IOM provides further support for the need to f Thursday, December 14, 2000 focus on quality of care in assisted living facili- ties. I introduced H.J. Res. 107, calling for a COMMENDING IRVINGTON HIGH Mr. STARK. Mr. Speaker, Medical Care Re- White House conference for conducting a na- SCHOOL FOR RECEIVING THE search & Review recently released a special tional dialogue on this issue and for devel- NEW AMERICAN HIGH SCHOOL issue, compiling ten articles from our nation’s oping recommendations. I hope that my col- AWARD FROM THE UNITED leading researchers in the area of racial and leagues will join me in ensuring the safety of STATES DEPARTMENT OF EDU- ethnic health disparities. Taken altogether, our nation’s elderly in their assisted living CATION these investigations add to a growing body of homes and make this an important effort of evidence that leaves little doubt as to the per- the 107th Congress. HON. FORTNEY PETE STARK vasive and persistent presence of racial and f OF CALIFORNIA ethnic disparities in health insurance coverage IN THE HOUSE OF REPRESENTATIVES and access to care. HONORING THE LATE GINA VEGA Many variables are thought to contribute to Thursday, December 14, 2000 racial and ethnic disparities in health care, HON. JOE BACA Mr. STARK. Mr. Speaker, today I commend such as status of health care coverage and in- OF CALIFORNIA and congratulate Irvington High School in Fre- come level. Yet across each investigation, re- IN THE HOUSE OF REPRESENTATIVES mont, California for receiving a New American gardless of outcome measured, racial and eth- High School Award from the United States De- nic disparities persisted—even when the ef- Thursday, December 14, 2000 partment of Education. fects of income, health care coverage status, Mr. BACA. Mr. Speaker, today I Honor a de- The U.S. Department of Education New and other individual characteristics were con- voted wife and mother of six, Gina Vega. It is American High School Award is given to high trolled. with much sadness that we mark the passing schools that demonstrate a commitment to en- As our country continues to diversity, with of such a great person who graced this world suring that all students meet challenging aca- growing populations of African Americans, and the lives of all those who were close to demic standards and are prepared for colleges Latinos, Asians & Pacific Islanders, and Native her, especially her husband Felipe. and careers. This program is part of the De- Americans, we, as a nation, must be respon- Gina exemplified compassion, family values, partment of Education’s effort to reform our sive to the needs of all citizens. As reflected and dedication. She gleamed with joy at the schools. in the following findings, this special issue of thought of her children and would go to the Irvington High School was one of only 27 Medical Care Research & Review highlights ends of the earth to ensure their security and schools in the country to win this award for areas that need to be addressed to ensure eq- comfort. She never questioned the needs of 2000. Irvington High School won this award by uitable health care access for everyone. others and was always willing to help out making a schoolwide effort to refuse to accept People of color are far more likely to lack wherever she could. She was and will remain subpar schoolwork from any student. To make health care coverage as compared to whites, such a tremendous person in our thoughts sure all students can earn good grades, the primarily due to lower rates of private health and in our memories. school offers extra help to pupils with aca- insurance coverage, especially employment- Gina was never the type of parent to push demic difficulties. To aid these students, the based coverage. In 1996, people of color com- her children, but instead offer her support. Her teachers help the student identify their weak- prised only one quarter of the non-elderly pop- eldest child, Raquel, blind from birth, was nesses and develop a pact for rectifying them. ulation, yet they represented 41% of the unin- blessed with a voice from heaven and has The school also fosters responsibility to one’s sured. used that voice for the good or her culture. community by requiring students to complete a The effects of race and ethnicity extend be- Since the age of 14, Raquel has been singing minimum of 40 hours of community service as yond insurance coverage to encompass the with the Inland Empire Mariachi Youth Foun- a requirement for graduation. entire treatment process. For example, the re- dation and has plans to someday teach chil- Finally, the school requires that all seniors ferral process for invasive cardiac procedures dren just like herself. Raquel could not have participate in a ‘‘personal quest’’ by doing a involves multiple steps and decisions. At every done this without the devotion of her mother. research project and oral presentation on a step, ranging from the initial recognition of Gina devoted her time and efforts to the suc- subject that fascinates them. Students have symptoms by the patient to obtaining referrals cess of her daughter as well as the success embarked on ‘‘personal quests’’ to learn about for coronary angioplasty or coronary artery by- of the group. careers that they want to pursue after gradua- pass surgery, race and ethnicity issues can This past May, in an effort to expose Wash- tion. These quests have ranged from one stu- (and often do) enter into the equation. ington to the culture of Mariachi music as well dent learning about becoming a photographer Hispanics and African Americans are much as provide an opportunity for the children to to another learning about becoming a marine more likely to lack a usual source of health experience our Nation’s Capitol, I brought biologist. Each student must work with a care and less likely to use ambulatory care as these talented children here to Washington, school advisor and must gain actual work ex- compared to whites. The disparities are great- DC. Gina gave up her opportunity to go on the perience in the occupation in which they are est for Hispanics—for whom the probability of trip so she could stay at home to take care of interested. lacking a usual resource of care increased her other children and prepare the group for This combination of innovative teaching and from 19.9% in 1977 to 29.5% in 1996. By way their journey. emphasis on public service has made of contrast, this figure represents twice the risk This is exactly the type of person Gina was. Irvington High School a shining example to faced by whites in 1996. She never complained and was willing to give other schools across America on how to edu- Race and ethnicity are also factors in the up large portions of herself to the needs of her cate our students to thrive in the 21st century. likelihood of being hospitalized for a prevent- children as well as the needs of the entire Again, I want to extend the highest com- able condition, which is an indicator of limited group as a whole. mendation and congratulations to Irvington access to primary care. When preventable Gina lived a fulfilling life graced by her hus- High School for its outstanding performance in hospitalizations are compared across minority band and her children. Not only was she educating our children. This award recognizes groups and whites, those that fare the worst blessed with Raquel, but she was blessed with what the citizens of Fremont, California have are Hispanic children, African American adults,

VerDate jul 14 2003 14:49 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E14DE0.000 E14DE0 26666 EXTENSIONS OF REMARKS December 14, 2000 and Hispanic and African American elderly. These findings illustrate the importance of health status but also in quality of life, well Even among elderly Medicare beneficiaries, all delivering culturally competent health care at being, and satisfaction across all ethnic of whom have equal health insurance cov- the provider level and throughout the health groups. erage, the odds of minority beneficiaries re- care delivery. One model, presented in this quiring a preventable hospitalization are 6 to special issue of Medical Care Research & Re- These findings further support the need for 21% greater than for white beneficiaries. view, illustrates how cultural competency is eliminating disparities that persist in health These many differences are not simply due comprised of nine major components, includ- care and treatment. In order to truly be an in- to unresponsive attitudes of a few individual ing interpreter services, recruitment and reten- clusive society, we must continue to work to- physicians, but the health care delivery system tion of bilingual and bicultural health care pro- ward an equitable and fair health care system. as a whole. People of color are twice as likely fessionals, and the inclusion of family and The Minority Health and Health Disparities Re- to say that racism is a major problem in health community members throughout treatment. As search and Education Act (S. 1880), which care. Two-thirds of African Americans and a result of these techniques, positive changes was signed into law this year, along with more than half of Latinos believe they receive in clinician and patient behavior, such as im- health disparities provisions in the possible lower quality care than whites, but most whites proved communication, increased trust, and believe everyone receives the same quality of expanded understanding of how cultural and Balanced Budget Act relief legislation are two care. Not surprisingly, those patients who per- environmental factors affect patient behavior, positive steps in that direction. I hope we can ceive more racism and who are more distrust- can occur. Such positive changes can lead to build on these successes in the upcoming ful of the medical system are less satisfied the provision of more appropriate health care Congress and I look forward to working with with their health care. services and better outcomes—not just in my colleagues on this important endeavor.

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