12392 CONGRESSIONAL RECORD—SENATE June 27, 2000 SENATE—Tuesday, June 27, 2000

The Senate met at 9:33 a.m., and was RECOGNITION OF THE ACTING Cochran amendment No. 3625, to imple- called to order by the Honorable MAJORITY LEADER ment pilot programs for antimicrobial re- sistance monitoring and prevention. GEORGE V. VOINOVICH, a Senator from The ACTING PRESIDENT pro tem- the State of Ohio. The ACTING PRESIDENT pro tem- pore. The Senator from Pennsylvania pore. The Senator from Delaware. is recognized. PRAYER Mr. ROTH. Mr. President, I had origi- f nally planned to come to the floor to The Chaplain, Dr. Lloyd John voice my opposition to this bill and to Ogilvie, offered the following prayer: SCHEDULE offer a point of order that it violates O God, our Help in ages past, free us Mr. SPECTER. Mr. President, on be- rule XVI of the Standing Rules of the to be open to Your gift of hope for half of our distinguished majority lead- Senate. I intended to do so because of years to come. Particularly, we pray OTT er, Senator L , I have been asked to two serious failings in it. for a lively hopefulness for today. announce the Senate will immediately First, this bill cuts the program that Grant that we may not allow our expe- resume consideration of the Labor, Congress passed in the 1997 Balanced rience of You in the past to make us Health and Human Services, and Edu- Budget Act to help States provide think that You are predictable or lim- cation appropriations bill. Under the health insurance to low-income chil- ited in what You will do today. Help us order, there will be closing remarks by dren and could cost up to 2 million of not to become so familiar with Your the distinguished Senator from Mis- them their health insurance. The State customary daily blessings that we lose sissippi, Mr. COCHRAN, on his pending Children’s Health Insurance Program, the sense of expectancy for Your spe- amendment regarding pilot programs known by its acronym as S–CHIP, was cial interventions in the complexities for antimicrobial resistance moni- designed to make health insurance cov- and the challenges of each day. toring and prevention. A vote will erage available, at State option, to We praise You for the historic break- occur on the Cochran amendment at lower-income, uninsured children. through in genomic research and the 9:45 a.m. Following that vote, we will More than 2 million children have mapping of the human genome an- turn to the amendment offered by the been enrolled in S–CHIP—children who nounced this week. Thank You for distinguished Senator from Arizona, would otherwise lack access to the granting humankind another aspect of Mr. MCCAIN, regarding the Internet. We health insurance coverage that helps Your omniscience so we can press on in will be seeking a time agreement on them grow and thrive. the diagnosis and healing of disease. that amendment. When we designed S–CHIP in 1997, Now today we will continue to expect We ask all Senators who have amend- States were given specific allotments great things from You, and we will at- ments to offer to come to the floor. We to cover eligible uninsured children. tempt great things for You. In our wor- are trying to establish a list so we can We designed the program so that those ries and cares, give us the joy of know- proceed to the disposition of this bill. allotments were to be available to indi- ing that You are with us. In our Lord’s It is hoped that in the next day or so vidual States for a period of 3 years. burden-banishing name. Amen. we could have a unanimous consent This was done to ensure that allot- ments didn’t sit unused. At the end of f agreement which will limit pending amendments so we can proceed to con- 3 years, unspent allotments are to be PLEDGE OF ALLEGIANCE clude action on this bill. reallocated to other States that have spent their full allotments. The basic The Honorable GEORGE V. VOINOVICH, Senator LOTT has asked that the an- a Senator from the State of Ohio, led nouncement be made that rollcall idea is to effectively direct available S– the Pledge of Allegiance, as follows: votes may be expected throughout the CHIP dollars to States willing and able day. to use them to cover uninsured kids. I pledge allegiance to the Flag of the We are now coming up upon the first United States of America, and to the Repub- I yield the floor. lic for which it stands, one nation under God, f opportunity to reallocate unspent S– indivisible, with liberty and justice for all. CHIP funds. Three years have elapsed RESERVATION OF LEADER TIME since the program was first imple- f The ACTING PRESIDENT pro tem- mented. APPOINTMENT OF ACTING pore. Under the previous order, the But, instead of thinking through the PRESIDENT PRO TEMPORE leadership time is reserved. ramifications of reallocation, today we f confront an unexpected and far more The PRESIDING OFFICER. The fundamental challenge to the future of clerk will please read a communication THE DEPARTMENTS OF LABOR, the S–CHIP program. The appropria- to the Senate from the President pro HEALTH AND HUMAN SERVICES, tions bill before us would cut $1.9 bil- tempore [Mr. THURMOND]. AND EDUCATION, AND RELATED lion in S–CHIP funds from the pro- The assistant legislative clerk read AGENCIES APPROPRIATIONS, 2001 gram, with an unenforceable promise the following letter: The ACTING PRESIDENT pro tem- to restore the funds in 2003—a promise U.S. SENATE, pore. Under the previous order, the which is itself subject to a Budget Act PRESIDENT PRO TEMPORE, Senate will now resume consideration point of order. Washington, DC, June 27, 2000. of H.R. 4577, which the clerk will re- This cut represents a dramatic re- To the Senate: treat from the commitment the Fed- Under the provisions of rule I, section 3, of port. the Standing Rules of the Senate, I hereby The bill clerk read as follows: eral Government extended to uninsured appoint the Honorable GEORGE V. VOINOVICH, A bill (H.R. 4577) making appropriations children, their families, and to the a Senator from the State of Ohio, to perform for the Departments of Labor, Health and States in 1997. S–CHIP was designed to the duties of the Chair. Human Services, and Education, and related be a stable, guaranteed source of fund- STROM THURMOND, agencies for the fiscal year ending Sep- ing to States to cover lower-income, President pro tempore. tember 30, 2001, and for other purposes. uninsured children. If States cannot Mr. VOINOVICH thereupon assumed Pending: count on the federal government to the chair as Acting President pro tem- McCain amendment No. 3610, to enhance stand by its commitment, there will in- pore. protection of children using the Internet. evitably be an erosion of State support

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

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12393 for participation in the program and grants. The Labor-HHS bill would cut bill over the 1997 limits, we provided aggressive enrollment strategies. As a these grants and break that promise. these three technical provisions that result, fewer children will receive These welfare program cuts violate give us the right to take the Health health insurance coverage. the fundamental deal Congress made and Human Services bill across the We have to be very clear that what with the Governors during welfare re- floor to conference. We had no inten- we are talking about today isn’t a form. With these cuts, Congress re- tion at all to ever suggest the Congress technical accounting gimmick that neges on its word. would enact those provisions. The Fi- simply moves funds forward. We are Next year Congress will begin reau- nance Committee knew that. All Mem- talking about a concrete cut in a very thorization of welfare reform. If Con- bers knew that. This is a technical sit- real program upon which millions of gress shows that it is not a dependable uation where, in order to get the bill children depend. The consequences will partner now, how can we expect States across the floor until we enact the be no less real. If the provision in the to have confidence in us next year? military construction bill, which con- appropriations bill is not removed, the Altogether this bill cuts a children’s tains the waiver of the 1997 provisions National Governors’ Association esti- health program and welfare programs with regard to the ceilings for our com- mates that as many as 2 million chil- by $3.3 billion. This is unquestionably a mittee, we had to have this offset. dren will be denied access to health in- violation of sound policy. I assure the Senator that the bill will surance coverage. In the interest of sound policy, in the not come out of conference with these For that reason, the National Gov- interest of uninsured children, in the provisions in it. They were never in- ernors’ Association strongly and unam- interest of welfare recipients, and in tended to be enacted. No one on our biguously opposes the S–CHIP cut in- the interest of the States who are committee supports the elimination of cluded in this appropriations bill. working with us to serve these vulner- these provisions, and Senator SPECTER NGA is not alone in its opposition to able individuals, I had no choice but to was very gracious in allowing us these the appropriations cut. The community oppose this bill. provisions to comply with the 1997 act. of advocates who work on behalf of I am not alone in recognizing these I assure the Finance Committee that children strongly opposes it as well. In problems, Senator MOYNIHAN, Senator this bill will not come out of com- fact, all Senators should have received HATCH, Senator KENNEDY, Senator mittee with these provisions in it. a letter signed by over 80 groups oppos- GRASSLEY, and Senator GRAHAM all They were never intended to be in it, as ing the cut, including the Children’s joined me in a letter to our colleagues the Finance Committee knows. warning them against supporting this Defense Fund, Families USA, the Mr. ROTH. I thank the chairman of bill because of its inclusion of the pro- American Hospital Association, and the Appropriations Committee and visions I oppose and have just outlined. the American Medical Association. In based on his assurances of these provi- I know that other Senators opposed addition, the Health Insurance Associa- sions’ removal in conference, I with- them as well and I thank all of them tion of America has also written to ex- draw my opposition to this bill. I be- for their support. press its opposition to S–CHIP cuts. lieve that this is the best way to pro- Second, this bill cuts three welfare However, Mr. President, the Senator ceed: We not only protect the programs programs by $1.4 billion. The title XX from Alaska, the distinguished chair- that I came to the floor to protect, but social services block grant is cut by a man of the Appropriations Committee, we also allow this funding bill for whopping 65 percent—from $1.7 billion has assured me that these cuts—spe- many other important programs to for- in funding to $600 million. This is just cifically: (1) The $1.9 billion cut to the ward as well. I thank the Senator from a quarter of the level we promised to State Children’s Health Insurance Pro- Alaska for working with me to resolve Governors during welfare reform in gram located in section 217 on pages 53 this impasse. 1996. and 54 of the bill; (2) the $1.1 billion cut The title XX block grant was enacted to the title XX social services block Mr. KENNEDY. Mr. President, I in 1981, during the Reagan administra- grant located in title 2, page 40 of the thank the chairman for his leadership tion, to provide States with a flexible bill; (3) the $240 million cut to the Tem- in this area, and I commend Senator source of social services funding. porary Assistance to Needy Families, MOYNIHAN as well for his commitment Today, title XX funds services to al- TANF, program, located in section 216, to this important program. I believe most 6 million Americans, principally pages 52 to 53 of the bill; and (4) the $50 the understanding we have reached is a children, people with disabilities, and million cut to the Welfare-to-Work per- satisfactory way to protect this pro- seniors. In Delaware, we use these formance bonus program, located in gram in conference. funds for a broad range of programs— section 104, pages 21 to 23 of the bill— The rescission of funds for children’s including helping abused and neglected will be eliminated in their entirety in health insurance would be a serious children and for people who are blind, this bill when it returns from con- mistake. It would come at the expense and for Meals-on-Wheels. These funds ference. of 12 million uninsured children in low go to programs without adequate The ACTING PRESIDENT pro tem- income families across the nation. sources of support and to fill the gaps pore. The Chair is informed that there It would override the reallocation for the neediest citizens. is supposed to be a vote at 9:45 on the system established with broad bipar- These title XX funds are essential. Cochran amendment. tisan support in the original law. It These funds cannot be easily replaced— Mr. STEVENS. Mr. President, I ask would use the funds to pay for other by States or local governments, or by unanimous consent the vote be post- programs in this year’s appropriations private charity. poned until the completion of my re- bill. While it does promise to restore in The Labor-HHS-Education appropria- marks; and I ask unanimous consent to the year 2003 the funds taken away this tions bill would cut these supplemental proceed for 2 minutes. year, the damage would be done long welfare grants to States by $240 mil- The PRESIDING OFFICER. Without before 2003 arrives. In fact, more than lion. In the 1996 welfare reform legisla- objection, it is so ordered. 80 leading organizations have signed a tion States took a big, big risk. States The Senator from Alaska. letter urging rejection of this mis- exchanged an open-ended Federal enti- Mr. STEVENS. Mr. President, I am guided policy. tlement—that is, guaranteed dollars surprised at the comments made by the Low-income working families should for each person who qualified for wel- Senator from Delaware to this extent: not be forced to pay the price for the fare—for a fixed block grant. The 1997 Budget Act puts limits on the budget pressures facing congress. To provide States with some modest amounts that can be appropriated Those pressures were created by the protection, welfare reform contained a under the pending bill, the Health and budget resolution, and its misguided provision to provide States with a big Human Services appropriations bill. priorities. The committee was oper- population increase and high poverty In order to have a technical offset ating under the budget instructions rates with supplemental welfare against the additions that are in this they were given. I believe they had

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12394 CONGRESSIONAL RECORD—SENATE June 27, 2000 good intentions. Unfortunately, how- We know that lack of insurance is We urge, in the strongest possible terms, ever, this rescission robs needy chil- the seventh leading—and most prevent- that Congress restore the funds to the CHIP dren, and it is unacceptable. able—cause of death in America today. program that were removed by the Senate Strong bipartisan support in the Sen- That fact is a national scandal. Appropriations Committee. We believe that ate created the Children’s Health In- The majority of uninsured children Congress should refrain from looking to this program, designed to serve uninsured chil- surance Program in 1997. We focused on with asthma—and one in three unin- dren, to alleviate the fiscal difficulties faced guaranteeing health insurance to chil- sured children with recurring ear infec- by the House and Senate Appropriations as dren in working families whose income tions—never see a doctor during the they fund critical programs. was too high to be eligible for Med- year. That’s wrong. No child should Sincerely, icaid, but too low to be able to afford have to be hospitalized for an acute AIDS Action. private insurance. Estimates indicate asthma attack that could have been Alliance for Children and Families. that more than three-quarters of all avoided. We know that uninsured chil- Alliance to End Childhood Lead Poisoning. uninsured children in the nation will dren are 25 percent more likely to miss American Academy of Pediatrics. be eligible for assistance through ei- school. Children who cannot see the American Association of University Affili- ated Programs for Persons with Develop- ther CHIP or Medicaid in the near fu- blackboard well or hear their teacher mental Disabilities. ture. clearly miss lessons even when they American Association on Mental Retarda- This rescission would have estab- are at school. That’s wrong. No child tion. lished a devastating precedent at pre- should suffer permanent hearing loss American College of Osteopathic Pediatri- cisely the wrong time. The Children’s and developmental or educational cians. Health Insurance Program is working. delays because of an untreated infec- American Dental Hygienists’ Association. Every State is now participating. tion. American Federation of State, County and Between 1998 and 1999, enrollment Every child deserves a healthy start Municipal Employees (AFSCME). numbers doubled from just under 1 mil- in life, and the health security that American Friends Service Committee. lion children to 2 million. States, advo- comes with insurance. And under CHIP American Hospital Association. American Medical Association. cacy groups and other leaders are un- and Medicaid, every child will have a American Music Therapy Association. dertaking and planning impressive out- legitimate opportunity for health in- American Network of Community Options reach efforts in the states. Last year, surance. and Resources. back-to-school campaigns helped dra- Congress should do everything in its American Occupational Therapy Associa- matically increase enrollment. A power to shore-up these programs, not tion. month ago, the Governor of Mississippi undermine them. I welcome today’s American Psychiatric Association. announced a new campaign to cover all agreement, and I look forward to the American Psychological Association. children in that State. We have every continuing effective implementation of American Public Health Association. reason to expect that this trend will this worthwhile program to guarantee Association of Community Organizations for Reform Now (ACORN) continue, as the programs become good health care for all children. Association of Jewish Family and Chil- more established and States begin to I ask unanimous consent to print in dren’s Agencies. do all they can to enroll eligible chil- the RECORD the letter to which I ear- Association of Maternal and Child Health dren. lier referred and another related cor- Programs. If the rescission were enacted, it respondence. Bazelon Center of Mental Health Law. would penalize needy children in the There being no objection, the letters Camp Fire Boys and Girls. States that have most actively sought were ordered to be printed in the Catholic Charities USA. and enrolled eligible children. States RECORD, as follows: Catholic Health Association of the United States. could be forced to halt enrollment JUNE 9, 2000. Center for Budget and Policy Priorities until more funds are available. That’s DEAR SENATOR: We are writing to express Center for Community Change. wrong. our opposition to the taking of $1.9 billion of fiscal year 1998 Children’s Health Insurance Center for Women Policy Studies. The reallocation mechanism in the Child Welfare League of America. original legislation is designed to en- Program (CHIP) funds by the Senate Appro- priations Committee to help fund the fiscal Children’s Defense Fund. sure that dollars remain targeted to year 2001 Labor, Health and Human Services, Children’s Health Fund. uninsured children, regardless of loca- and Education Appropriations bill. In effect, Church Women United—Washington Office. tion. Next year is the first year that the Senate committee action takes unspent Coalition of Labor Union Women. the reallocation fund would be avail- funds that would be reallocated to states to Communications Workers of America. able. Senators should know that no provide health insurance to uninsured chil- Council of State Governments. State loses under current law. All dren and instead promises to restore those Families USA. States have the right to their alloca- funds in fiscal year 2003. While we are appre- Family Voices. Friends Committee on National Legisla- tions for three years. We have encour- ciative of the efforts of the Senate Appro- priations Committee efforts to increase tion (Quaker). aged all States to take advantage of funding for important programs in the Generations United. their funds. But, it a State cannot Labor, Health and Human Services, and Edu- Girl Scouts of the USA spend all its money, the excess dollars cation Appropriations bill, the use of CHIP Jewish Council for Public Affairs. should be used by States that can. funds for this purpose breaches the integrity Lutheran Office for Governmental Affairs, If the Senate were to adopt this re- of the CHIP program and the commitment it ELCA. scission, States would be reluctant to represents to the nation’s uninsured chil- Lutheran Services in America. expand their programs or actively en- dren. McAuley Institute. roll more children if they feel that fu- This taking of CHIP funds is troubling for Mennonite Central Committee. several reasons. First, the taking of these National Association for Protection & Ad- ture State allotments are unreliable. funds will deprive some states of the funding vocacy Systems. The National Governors Association needed soon to insure children through the National Association for the Education of has sent us two letters—one just last program. Second, states have made decisions Young Children. week—expressing their unified strong on how many children they expect to insure National Association of Community Health opposition for this reason. through the CHIP program based on the fed- Centers. We shouldn’t second guess the origi- eral funding commitment in the 1997 CHIP National Association of Developmental nal policy. It was well designed to di- legislation. The Senate Appropriations Com- Disabilities Councils. rect money where it is most clearly mittee action, if enacted, calls into question National Association of People with AIDS. needed. The policy was strongly sup- the commitment of Congress to this pro- National Association of Psychiatric Health ported when we enacted CHIP, and gram. Third, states are rapidly increasing Systems. enrollment of uninsured children in CHIP National Association of Public Hospitals & States have acted in good faith to im- but may become reluctant to continue ag- Health Systems. plement it. It would be wrong for us to gressive outreach and enrollment if Congress National Association of School Psycholo- change the ground rules now, when so starts playing budget shell games with the gists. much progress is being made. program funds. National Association of WIC Directors.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12395 National Center of Poverty Law. providing access to much needed health in- taken from the program. The National National Council of the Churches of Christ surance coverage. We urge you to protect Governors’ Association stated in a let- in the USA. this critical program for our nation’s chil- ter to the leadership that ‘‘The Gov- National Council of Jewish Women. dren. ernors are united in their opposition to National Council of La Raza. The nation’s Governors also urge you to National Council of Senior Citizens. maintain your commitments to other key the proposed cuts in S-CHIP. This is National Employment Law Project. state and local programs that provide vital not a formula fight; this is a weak- National Gay and Lesbian Task Force. health and human services to vulnerable ening of the state-federal partnership National Head Start Association. families and children including Temporary that is so vital to the success of this National Health Law Program, Inc. Assistance for Needy Families (TANF) and program. It sets a truly disturbing National Immigration Law Center. Medicaid. Reductions in the federal commit- precedent.’’ We are grateful to Sen- National Mental Health Association. ment to these programs would adversely af- ators LOTT and DASCHLE for recog- National Parent Network on Disabilities. fect millions of Americans, with the greatest nizing the need for this funding to be impact on those in the greatest need. National Partnership for Women and Fam- restored. ilies. Additionally, the Governors urge strong National Puerto Rican Coalition. support for education programs. Education is The Labor Health and Human Serv- National Therapeutic Recreation Society. the most important issue facing our states ices and Education Appropriations Bill National Urban League. and the nation. Governors oppose any reduc- contains worthy programs but funding National Women’s Law Center. tions in these critical programs. Governors for those programs should not have Neighbor to Neighbor. also ask Congress to meet its commitment come from important efforts such as Network—A National Catholic Social Jus- to fully fund the federal portion of the Indi- the State Children’s Health Insurance tice Lobby. viduals with Disabilities Education Act Program. I am pleased that this issue Presbyterian Church (USA), Washington (IDEA). Finally, we urge you to reverse the delays will be resolved in the conference. Office. Mr. President I ask unanimous con- Results, Inc. in funding for key state health and human The ARC of the United States. services programs that were enacted as part sent that letters from Senators, Gov- The Episcopal Church. of the fiscal 2000 omnibus appropriations ernors, and 80 advocacy groups be The Salvation Army. package last fall. With enactment of that printed in the RECORD. The United States Conference of Mayors. bill, a portion of the funding made available There being no objection, the letters Union of American Hebrew Congregations. to states for several programs, including were ordered to be printed in the Unitarian Universalist Association of Con- SSBG, Children and Families Services, and RECORD, as follows: the Substance Abuse and Mental Health gregations. U.S. SENATE, Services program, will not be made available United Cerebral Palsy. Washington, DC, June 20, 2000. until September 29, 2000. The nation’s Gov- United Church of Christ Office for Church Hon. SENATOR TRENT LOTT, ernors are deeply concerned about the effect in Society. Majority Leader, Russell Senate Office Build- this delay will have on the delivery of serv- United Jewish Communities. ing, Washington, DC. ices to the nation’s neediest populations. DEAR MAJORITY LEADER: It has been We appreciate your consideration of our NATIONAL GOVERNORS ASSOCIATION, brought to our attention that the Senate Ap- views and look forward to working with you Washington, DC, May 11, 2000. propriations Committee has decided to redi- as you seek to meet the many needs within Hon. TED STEVENS, rect $1.9 billion from the State Children’s the subcommittee’s jurisdiction. Chairman, Senate Appropriations Committee, Health Insurance Program (SCHIP) to fund Sincerely, Washington, DC. other programs in the Labor, Health and GOVERNOR MIKE HUCKABEE, Hon. ROBERT C. BYRD, Human Services, and Education Appropria- Chairman, Human Resources Committee. Ranking Member, Senate Appropriations Com- tion bill. We are concerned that this reduc- GOVERNOR JAMES B. HUNT, mittee, Washington, DC. tion in funding will threaten SCHIP services Vice Chairman, Human Resources Committee. DEAR CHAIRMAN STEVENS AND SENATOR in many of our communities in addition to BYRD: As you consider the fiscal 2001 Labor, Mr. BAYH. Mr. President, I rise setting a dangerous precedent for the federal Health and Human Services, and Education today in support of the colloquy that government’s commitment to this critical appropriations bill, we are writing to empha- just occurred in which Senator STE- state program, and we urge you to reconsider size our highest funding priorities. The na- VENS promised to return the $1.9 billion this decision. tion’s Governors urge you to meet your com- taken from the State Children’s Health The States have pursued aggressive enroll- mitments to the most critical programs af- Insurance Program, S-CHIP, to fund ment efforts and successfully increased the fecting human investments and needs. number of children they serve. Failing to Specifically, we strongly urge you to meet the programs in the Labor Health and maintain this promise would make it impos- the commitment to the Title XX/Social Human Services and Education Appro- sible for states to continue aggressive enroll- Services Block Grant (SSBG), and restore priations bill, during conference. I ment strategies designed to insure millions the reductions in funding and flexibility for thank Senators ROTH, STEVENS, MOY- of uninsured children. Governors are relying the program to the level that was agreed to NIHAN and BYRD for recognizing the im- on all of the funding in this program to con- in the 1996 welfare reform law. Under the 1996 portance of S-CHIP and the federal tinue SCHIP services. All states’ SCHIP pro- welfare reform law, SSBG was authorized at promise to the states. grams could be at risk if the federal govern- $2.38 billion for fiscal 2001 and states were I applaud this agreement. This pro- ment sets this dangerous precedent by fail- provided the flexibility to transfer up to 10 ing to uphold its funding commitment to the percent of their Temporary Assistance for gram allows states, like Indiana, to program. If the federal commitment is not Needy Families (TANF) block grant funds continue to enroll and provide services upheld, it is likely fewer children will be into SSBG. Since that time, funding has con- to children in low-income families. In covered by the program. sistently been cut and flexibility has been re- Indiana, over 120,000 additional chil- Therefore, we urge you to work to restore stricted. Governors view SSBG as one of the dren have been enrolled in ‘‘Hoosier the SCHIP dollars being used to fund other highest priorities among human service pro- Healthwise’’ since S-CHIP was imple- programs in the Labor, Health and Human grams, and are adamantly opposed to further mented in 1998. The removal of this Services, and Education Appropriation bill. reductions in funding, such as those ap- While many of the programs contained with- proved by the Senate Labor, Health and funding would have had a devastating in the bill are worthy, they should not be Human Services, and Education Sub- impact on Indiana. For every $1 million funded at the expense of SCHIP. We look for- committee. Such a drastic reduction in the in federal funding taken from Indiana, ward to working with you to address this federal commitment to SSBG will cause a 830 children would not be covered by issue. dramatic disruption in the delivery of the Hoosier Healthwise. These children Sincerely, most critical human services. would be unlikely to obtain quality Evan Bayh; Lincoln D. Chafee; Carl Additionally, the Governors strongly urge health care. Levin; George V. Voinovich; Richard H. you to reject proposals that would rescind This is not an issue that only affects Bryan; Ted Kennedy; Jim Jeffords; Joe funding from the State Children’s Health In- Indiana. Thirty-five Senators from Lieberman; Chris Dodd; Mike Enzi; surance Program (S–CHIP). The funding Conrad Burns; Kent Conrad; Mike structure of S–CHIP provides long-term sta- both political parties joined with me DeWine; Paul S. Sarbanes; Gordon bility to the program. Rescinding funds from and Senator VOINOVICH to send a letter Smith; Mary L. Landrieu; Bill Frist; S–CHIP, as proposed by the subcommittee, to Senators LOTT and DASCHLE urging Olympia Snowe; Blanche L. Lincoln; will undermine states’ continued progress in them to work to restore the $1.9 billion Tim Johnson; John Breaux; Daniel K.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12396 CONGRESSIONAL RECORD—SENATE June 27, 2000 Akaka; Max Baucus; Dick Lugar; appropriations bill for fiscal 2001. By pro- exceeded the CPS-derived estimate for the Charles Schumer; Paul Wellstone; posing cuts in the State Children’s Health number of uninsured children below the age Chuck Robb; Kay Bailey Hutchison; Insurance Program (S–CHIP), Social Serv- of 18 living in families up to 150 percent of Jay Rockefeller; Bob Graham; Jesse ices Block Grant (SSBG) and Temporary As- the federal poverty level. In January 2000, Helms; John Edwards; Bob Kerrey; sistance for Needy Families (TANF), Con- eligibility was expanded to cover children in John McCain; John F. Kerry; Barbara gress is breaking commitments made to the families at up to 200 percent of poverty, Boxer. states, and the nation’s Governors urge you which will greatly add to the current total to restore funds to these vital programs. enrollment of 330,000 young Hoosiers. U.S. SENATE, The Governors’ are united in their opposi- Indiana’s success has placed it among a Washington, DC, June 20, 2000. tion to the proposed cuts in S–CHIP. This is handful of states that will have spent all of Hon. SENATOR TOM DASCHLE, not a formula fight; this is a weakening of their first-year SCHIP allotment (FY 1998) Minority Leader, Hart Senate Office Building, the state-federal partnership that is so vital by the end of this fiscal year (FY 2000). How- Washington, DC. to the success of this program. It sets a truly ever, due to the faulty allotment calcula- DEAR MINORITY LEADER: It has been disturbing precedent. It is already causing tions, Indiana stands to lose 10 percent of its brought to our attention that the Senate Ap- some states to reevaluate the speed of their current SCHIP funding this year. In fact, In- propriations Committee has decided to redi- efforts to expand their programs to reach diana is one of just two states that will have rect $1.9 billion from the Sate Children’s more children. spent their entire 1998 program allotments Health Insurance Program (SCHIP) to fund The proposed cuts in S–CHIP, SSBG and and experience a cut in funds. Most other other programs in the Labor, Health and TANF will cause a disruption in crucial serv- states that will have fully expended their al- Human Services, and Education Appropria- ices to the most vulnerable citizens through- lotments will receive an increase of at least tion bill. We are concerned that this reduc- out the country—from assistance for individ- 12 percent. So long as the data on which the tion in funding will threaten SCHIP services uals moving from welfare to work, to health allocations are based remains out of line care for uninsured children, to protective in many of our communities in addition to with the true need for children’s health in- services for children and the elderly. In all setting a dangerous precedent for the federal surance in Indiana, Hoosier Healthwise could three of these programs, Congress has made government’s commitment to this critical continue to lose funding even as we enroll a commitment to Governors that they can state program, and we urge you to reconsider more kids. rely on guaranteed, mandatory federal fund- this decision. Indiana has demonstrated its commitment The States have pursued aggressive enroll- ing. In order to continue with the positive to implement SCHIP, but is losing federal ment efforts and successfully increased the progress made in recent years in moving in- funds. Other states that have not shown the number of children they serve. Failing to dividuals from welfare to work, increasing same enrollment success are slated to get in- maintain this promise would make it impos- the number of children placed in adoptive creased allotments. This inequity fails to sible for states to continue aggressive enroll- homes from foster care, and insuring more maximize the funds available to provide cov- ment strategies designed to insure millions children in need, Governors must be able to erage for America’s children. I also note In- of uninsured children. Governors are relying rely on their federal partners. diana’s commitment of $47 million of its to- The nation’s Governors strongly urge you on all of the funding in this program to con- bacco settlement over two years to Hoosier to reject these cuts and uphold the historic tinue SCHIP services. All states’ SCHIP pro- Healthwise as evidence of our resolve to help state-federal partnership for serving individ- grams could be at risk if the federal govern- children lead heathlier and happier lives. uals in need. ment sets this dangerous precedent by fail- However, any decrease in federal SCHIP Sincerely, ing to uphold its funding commitment to the funding at this time threatens the great MICHAEL O. LEAVITT, program. If the federal commitment is not strides we have made to improve the health Governor. upheld, it is likely fewer children will be and lives of the children of our state. PARRIS N. GLENDENING, covered by the program. The Senate Appropriations Committee’s Governor. Therefore, we urge you to work to restore decision to ‘‘borrow’’ any unspent 1998 the SCHIP dollars being used to fund other SCHIP program dollars to pay for other pro- OFFICE OF THE GOVERNOR, grams in the Labor-HHS-Education Appro- programs in the Labor, health and Human Indianapolis, IN, May 23, 2000. Services, and Education appropriation bill. priations Bill will make matters worse. Hon. EVAN BAYH, While many of the programs contained with- These unspent dollars (estimated by the U.S. Senate, Hart Senate Office Building, Health Care Financing Administration to be in the bill are worthy, they should not be Washington, DC. funded at the expense of SCHIP. We look for- $1.9 billion), would otherwise be required DEAR SENATOR BAYH: During the last sev- under the SCHIP law to be redistributed to ward to working with you to address this eral weeks, a great deal of national attention issue. states, like Indiana, that had fully expended has been focused on Indiana’s Hoosier their entire FY 1998 SCHIP allocations. The Sincerely, Healthwise program, our statewide initiative Evan Bayh; Lincoln D. Chafee; Carl effort to redirect money away from our na- that has received funding from the State’s tion’s children now, to pay it back in 2003, Levin; George V. Voinovich; Richard H. Children’s Health Insurance Program Bryan; Ted Kennedy; Jim Jeffords; Joe after the current SCHIP program expires the (SCHIP) since 1998. I was delighted when previous year, defies common sense. SCHIP Lieberman; Chris Dodd; Mike Enzi; Kathy Gifford, the State’s Medicaid Direc- Conrad Burns; Kent Conrad; Mike is not a permanently authorized program; if tor, testified last Tuesday before the House Congress cuts these funds, health coverage DeWine; Paul S. Sarbanes; Gordon Ways and Means Subcommittee on Human Smith; Mary L. Landrieu, Bill Frist; for thousands of children in Indiana and mil- Resources on Indiana’s success in insuring lions across the country may be jeopardized. Olympia Snowe; Blanche L. Lincoln; low-income children—some 120,000 new en- Tim Johnson; John Breaux; Daniel K. I implore you to work with other members rollees since July 1998. of the Indiana Congressional Delegation to Akaka; Max Baucus; Dick Lugar; In her testimony, Ms. Gifford also raised Charles Schumer; Paul Wellstone; protect Indiana’s health care gains and the two issues of serious concern to me and of State Children’s Health Insurance Program. Chuck Robb; Kay Bailey Hutchison; great importance to Indiana’s children. Jay Rockefeller; Bob Graham; Jesse With your help, we are hoping to at least First, she described how Indiana faces a de- avoid any reduction of federal SCHIP sup- Helms; John Edwards; Bob Kerrey; crease in its fiscal year (FY) 2000 SCHIP al- John McCain; John F. Kerry, Barbara port below the FY 1999 level of $70.2 million. lotment that will impede the State’s ability Thank you for any consideration you may Boxer. to continue insuring low-income children. give to our request for assistance. She also voiced concern that the Senate Ap- Sincerely, NATIONAL GOVERNORS’ propriations Committee voted last week to FRANK O’BANNON. ASSOCIATION, redirect funds from the SCHIP account to Mr. GRAHAM. Mr. President, as our Washington, DC, June 21, 2000. fund other programs in the Labor-HHS-Edu- Hon. TRENT LOTT, cation Appropriations Bill for FY 2001. distinguished colleague from Delaware Majority Leader, U.S. Senate, From its inception, the SCHIP program has so eloquently said, the cuts which Washington, DC. has put Indiana at a funding disadvantage. this Labor/HHS appropriations bill im- Hon. THOMAS A. DASCHLE, State allocations are based on unreliable poses upon several of our most impor- Minority Leader, U.S. Senate, Current Population Survey (CPS) data that tant social programs are simply unac- Washington, DC. underestimates the number of eligible Hoo- ceptable. DEAR MR. LEADER AND SENATOR DASCHLE: I sier children. My administration is now un- In 1996, I stood with Chairman ROTH am writing to make clear the strong opposi- dertaking its own survey of 10,000 Hoosier as the Senate Finance Committee tion of the nation’s Governors to cuts in families to produce more accurate data on funding for key state health and human serv- the number uninsured persons in our state. joined the House Ways and Means Com- ices programs as contained in the Labor, After 18 months of implementation, Indi- mittee in authorizing the social serv- Health and Human Services, and Education ana’s Hoosier Healthwise enrollment already ices block grant at $2.38 billion through

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12397 2003. This authorization was a part of ities, and most of all, our citizens in been the outreach effort to enroll eligi- our commitment to the states in the need. ble children. welfare reform laws. Mr. HATCH. Mr. President, I would Clearly, we do not want to undermine The social service block grant allo- like to take just a few minutes to ex- the success we have had to date in cates important funds to our states, press my extreme pleasure with the which there are now more than two enabling them to provide valuable agreement reached by the Chairman of million children enrolled nationwide. services to our most needy citizens. the Finance Committee, Senator ROTH, As with any new initiative, it takes Because of this block grant, senior and the Chairman of the Appropria- time to get these programs up and run- citizens receive Meals on Wheels. Ne- tions Committee, Senator STEVENS, re- ning. This is especially true in view of glected children receive foster care and storing funding for the Children’s the fact that CHIP is administered at adoption services. Working parents re- Health Insurance Program. the state level and, therefore, it takes ceive day care for their children and I am delighted that an agreement has more time to get these programs fully adult day care for their aging parents. been reached by the two chairmen on operational. Those being abused receive protective restoring funding—not only for the I have heard from many constituents help. CHIP program—but also for the Social who are concerned about these pro- These services have become an inte- Services Block Grant program. posed funding cuts. gral part of our communities, expand- These two important programs affect They point out to me that there is a ing and enriching the lives of our the lives of millions of Americans daily substantial lead time required to estab- young and old, our poor and vulner- and are critically important in my lish the outreach necessary to sign up able. home state of Utah. new enrollees. That work is underway. If the social services block grant is As the original sponsor of the child I am very proud of the job Utah is cut to the draconian level appropriated health program, I was particularly con- doing under the leadership of our Gov- by this bill . . . well, the future of cerned about the committee provision ernor Mike Leavitt and with the help these vital services is in grave danger. and—not only its potential impact on of many, many community organiza- We have already reneged once on this children already enrolled in CHIP—but tions doing such excellent work in the commitment—in 1998, when in an 11th especially on those children who are el- field—but we are not there yet. hour budgetary slight-of-hand, we used igible but not yet enrolled. That is why the proposed cuts could title XX funds to finance our road and This is why I wanted to come to the have been so harmful. highway spending. floor and personally thank the distin- Mr. President, the CHIP program has We revisited this topic again last guished Chairman of the Appropria- been a resounding success across the year when, despite a vote of 59–37 in tions Committee for agreeing to re- country with all fifty states providing favor of restoring title XX to its au- store the $1.9 billion in federal spend- some form of CHIP services to eligible thorized level of $2.38 billion, the social ing for CHIP as well as the $1.1 billion children. services block grant was again the vic- reduction in the Social Services Block It has truly been remarkable the tim of an end-game mugging, leaving Grant. level of support we have seen from Moreover, I understand that the only $1.7 billion of available funds. many groups across the country op- Chairman has also agreed to restore The $1.1 billion cut to SSBG in the posed to the proposed CHIP funding re- $240 million in funding for the Tem- Senate Labor, Health and Human Serv- ductions. porary Aid for Needy Families pro- ices, and Education bill would have Not only has there been strong, bi- gram. This is also an important im- forced our states to operate with a partisan support in the Senate against provement to the committee bill. budget that has been cut by 65%. the reductions, but we also have heard I want to commend Senator STEVENS We return to the Floor time and time from the National Governors Associa- for working with us on the Finance again on this issue because Congress tion and scores of other advocacy orga- Committee in resolving this very dif- continues to break the commitments it nizations including the American Hos- ficult funding issue. has made to our states. Moreover, I want to commend our pital Association, the Children’s De- We slash these important programs fense Fund, and the Girl Scouts of the chairman, Senator ROTH, for his stead- under the guise of fiscal prudence and fast leadership in leading the charge at USA expressing strong opposition to we perpetuate the illusion that we are preserving the underlying funding for any reductions in CHIP funding. not ‘‘breaking the budget caps.’’ these critically important programs. Once again, I thank Senator STEVENS But, what we are really doing is rob- I can appreciate the difficult work and Senator ROTH for this agreement bing Peter to pay Paul. that the Chairman and all the Members as it sends a clear signal that CHIP is, And, that means that we are not only on the Appropriations Committee have indeed, fulfilling its mission to Amer- breaking our promise to the states, we faced in crafting a bill that addresses ica’s youth. are reneging on the commitment that the needs of the American people while Thank you Mr. President and I yield we made to our most vulnerable Ameri- complying with the fiscal constraints the floor. cans. necessary to balance the federal budg- (At the request of Mr. DASCHLE, the It is imperative that these monies be et. following statement was ordered to be restored, and that the funding of the It is not an easy task recognizing the printed in the RECORD.) ∑ social services block grant be restored numerous demands placed on the com- Mr. MOYNIHAN. Mr. President, I to the authorized level of $1.7 billion. mittee by many worthy programs and join my colleagues in opposition to two I, along with Senators GRASSLEY, causes. key provisions which should not have JEFFORDS, ROCKEFELLER, VOINOVICH, As one of the original sponsors of the been included in this appropriations MOYNIHAN, WELLSTONE, and KENNEDY, CHIP legislation, I am particularly bill. I commend my colleagues, par- was prepared to offer an amendment to concerned about any mid-course ticularly Chairman STEVENS and Chair- restore funding to the social services changes to this important program man ROTH, for reaching an under- block grant. that could undermine our ability to en- standing that the funds taken by these I am pleased that the Senator from roll eligible children. provisions will be entirely restored in Alaska has alleviated that need. In my state of Utah, nearly 18,000 the conference report on the Labor/ I appreciate the leadership Senator kids have benefitted from CHIP. HHS appropriations bill. STEVENS is showing today by pledging Had the committee provision been The first provision relates to the to restore these funds to our important enacted, the Utah CHIP program would State Children’s Health Insurance Pro- SSBG, S–CHIP and TANF programs. have seen a $1.7 million reduction in its gram (SCHIP) we created in 1997. Put I hope that this act represents the fiscal year 1998 allocation. simply, it will prevent uninsured, low- end of the long string of broken prom- And, as we now know, one of the crit- income children from receiving health ises that we have made to states, local- ical problems facing the program has care services they need and may even

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12398 CONGRESSIONAL RECORD—SENATE June 27, 2000 jeopardize the future of this critically sources will be used for research into Hatch Lieberman Santorum Helms Lincoln Sarbanes important children’s health program. the best ways to control the spread of Hollings Lott Sessions Enrollment in SCHIP has been increas- resistant infections. The amendment Hutchinson Lugar Shelby ing—doubling from just under 1 million will also fund education programs to Hutchison Mack Smith (NH) to 2 million children between 1998 and make certain that doctors know when Inhofe McCain Smith (OR) Jeffords McConnell Snowe 1999. But the SCHIP funding cut in- to prescribe antibiotics—and when not Johnson Mikulski Specter cluded in the Labor-HHS bill will un- to. In addition, the extra funds pro- Kennedy Murkowski Stevens dermine this progress and discourage vided by the amendment will help hos- Kerrey Murray Thomas Kerry Nickles Thompson State efforts to increase enrollment. If pitals and clinics establish disease con- Kohl Reed Thurmond the precedent is set for using these trol programs to halt the spread of re- Kyl Reid Torricelli funds as offsets, States could not rely sistant infections in patients. Finally, Landrieu Robb Voinovich on the future availability of their new resources will strengthen the na- Lautenberg Roberts Warner Leahy Rockefeller Wellstone SCHIP allotments. tion’s public health agencies, which are Levin Roth Wyden The second provision is a massive un- the front line in the fight against dis- warranted cut in funds for the Social ease. By fortifying these defenses, we NOT VOTING—4 Services Block Grant, from $1.7 billion can provide the country with increased Baucus Moynihan Inouye Schumer to $600 million. SSBG is a most flexible protection against disease outbreaks of source of social services funding. The all types, including deliberate bioter- The amendment (No. 3625) was agreed States and local communities decide, rorist attack. I urge my colleagues to to. within broad parameters, which needs approve this amendment. AMENDMENT NO. 3610 to address. Among many things, SSBG The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Sen- supports: pore. All time has expired. ate will now return to consideration of Help for the home-bound elderly; Mr. WARNER. Mr. President, I ask amendment No. 3610. The Senator from Assistance for adoptive families; for the yeas and nays. New Hampshire. Elder abuse prevention; and The ACTING PRESIDENT pro tem- AMENDMENT NO. 3628 TO AMENDMENT NO. 3610 Foster care for abused children. pore. Is there a sufficient second? (Purpose: To prohibit funds for the purchase In my own State of New York, we use There appears to be a sufficient sec- of fetal tissue) most of our SSBG funds to provide ond. Mr. SMITH of New Hampshire. Mr. child protective services and for day The question is on agreeing to President, I offer a second-degree care. There is no reason to, in the amendment No. 3625. The clerk will amendment to the pending amendment words of the President, ‘‘bankrupt’’ call the roll. and ask for its immediate consider- SSBG. The assistant legislative clerk called ation. I recognize that the Labor-HHS Ap- the roll. The PRESIDING OFFICER. The propriations Subcommittee faced very clerk will report. difficult decisions in light of the unrea- Mr. REID. I announce that the Sen- ator from Montana (Mr. BAUCUS), the The assistant legislative clerk read sonably low allocation it received. as follows: These problems were created by the FY Senator from Hawaii (Mr. INOUYE), the Senator from New York (Mr. MOY- The Senator from New Hampshire [Mr. 2001 Budget Resolution which under- SMITH] proposes an amendment numbered funded this and other appropriations NIHAN) and the Senator from New York (Mr. SCHUMER) are necessarily absent. 3628 to amendment No. 3610. measures while providing for a large At the appropriate place, add the fol- tax cut. This tax cut, if merited, should Mr. BYRD. Mr. President, may we lowing: have order in the Well? not be paid for by limiting insurance ‘‘SEC. . PURCHASE OF FETAL TISSUE. coverage for low-income children and The PRESIDING OFFICER (Mr. ‘‘None of the funds made available in this reducing help to the aged and disabled. CRAPO). The Senate will come to order. Act may be used to pay, reimburse, or other- With the Congressional Budget Office Mr. BYRD. Will the Chair call for wise compensate, directly or indirectly, any expected to increase its estimate of the order in the Well? abortion provider, fetal tissue procurement on-budget surplus, there is no good rea- The PRESIDING OFFICER. The Sen- contractor, or tissue resource source, for fetal tissue, or the cost of collecting, trans- son for these two provisions.∑ ators in the Well will please remove their conversations from the Well. ferring, or otherwise processing fetal tissue, AMENDMENT NO. 3625 if such fetal tissue is obtained from induced Mr. KENNEDY. Mr. President, I join Mr. BYRD. Mr. President, I don’t be- abortions.’’. lieve all the Senators heard the Chair. my colleagues, Senator COCHRAN and Several Senators addressed the The PRESIDING OFFICER. Will all Senator FRIST, in supporting this im- Chair. Senators in the Well please remove portant amendment that will provide Mr. SMITH of New Hampshire. Mr. their conversations. Senators desiring $25 million for CDC’s programs on anti- President, do I still have the floor? to speak should clear the Well. microbial resistance. Deadly microbes Several Senators addressed the Mr. BYRD. I thank the Chair. are becoming increasingly resistant to Chair. the antibiotics that we have relied on The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Senator any other Senators in the Chamber de- to fight infections for more than half a HARKIN is recognized. century. Already, drug-resistant infec- siring to vote? Mr. HARKIN. Mr. President, I sug- tions claim the lives of 14,000 Ameri- The result was announced—yeas 96, gest the absence of a quorum. cans every year—meaning that every nays 0, as follows: The PRESIDING OFFICER. The hour of every day, a family suffers the [Rollcall Vote No. 145 Leg.] clerk will call the roll. tragedy of losing a loved one to an in- YEAS—96 The assistant legislative clerk pro- fection that not long ago could have Abraham Byrd Durbin ceeded to call the roll. been cured with a pill. At a time when Akaka Campbell Edwards Mr. SPECTER. Mr. President, I ask scientists are making amazing new dis- Allard Chafee, L. Enzi unanimous consent that the order for Ashcroft Cleland Feingold coveries in genetic medicine, it is a Bayh Cochran Feinstein the quorum call be rescinded. tragic irony that we are losing our bat- Bennett Collins Fitzgerald The PRESIDING OFFICER. Without tle against some of humanity’s most Biden Conrad Frist objection, it is so ordered. Bingaman Coverdell Gorton ancient disease foes. Bond Craig Graham Mr. SPECTER. Mr. President, at the The amendment that we have intro- Boxer Crapo Gramm outset, I ask all Senators who have an duced will strengthen the nation’s de- Breaux Daschle Grams interest in offering amendments to fenses against disease-causing mi- Brownback DeWine Grassley come to the floor so we can proceed to Bryan Dodd Gregg crobes that are becoming resistant to Bunning Domenici Hagel move this bill forward. At the moment, existing medications. The new re- Burns Dorgan Harkin we have three amendments which are

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12399 pending, which are up for consider- so that he could start on other busi- deliberately destroyed for the sake of ation. We have the amendment offered ness, perhaps the Interior bill on another. In fact, Georgetown Hospital by the distinguished Senator from New Thursday. So I say that what the Sen- currently conducts research using only Hampshire, Mr. SMITH, and he is pre- ator from Nevada has announced is ex- spontaneous abortions—very success- pared to withdraw his amendment in actly right, that if Senators want their fully I might add. the nature of a second-degree amend- amendments to be considered, now is So this is a reasonable amendment. I ment to Senator MCCAIN’s amendment the time. am hoping I will be able to work with on a consent agreement that his Mr. REID. I also say to the Senator, the other side on this issue to come to amendment will not be second degreed. the two managers of the bill are going some conclusion so it will not be a The distinguished Senator from Ne- to try to have a time for setting forth huge controversy on this bill. We have vada, Mr. REID, has an interest in de- what amendments people want to been working with the distinguished bating his amendment only for a few offer—not that it would be a filing Senator from Pennsylvania on that. minutes later but having it listed for a deadline—so we have a finite list of But I want to make it clear I am not vote later today. amendments we can look at. We hope prohibiting the use of aborted fetuses Senator MCCAIN is prepared to debate the two managers can agree on some for research. I am only advocating that his amendment briefly now and then time later that we can do that. Federal taxpayer funds should not be when Senator LEAHY is available to de- I also ask permission—Senator HOL- used to pay an abortion clinic or mid- bate his amendment at greater length. LINGS has been here all morning. He dleman who acts as a fetal tissue pro- I ask unanimous consent that there has 7 minutes he wishes to use as in curement contractor for such tissue. be no second-degree amendment to the morning business. I hope, after Senator Let me repeat this important point. SMITH amendment—the distinguished SMITH speaks and Senator MCCAIN My amendment allows the Federal Senator from Iowa says there cannot speaks, that Senator HOLLINGS may be Government to use fetal tissue from in- be an agreement on the pending SMITH recognized to introduce a bill for 7 min- duced abortions, but they cannot pay amendment. Until we clarify that, my utes. an abortion provider or a middleman suggestion is that we proceed with de- Mr. SPECTER. If the Senator would for that tissue, which includes his costs bate on Senator SMITH’s amendment at yield, on the first point, we have associated with preservation, storage, this time for however long that takes sought to get a list of amendments. We processing, and so on, because, accord- and then proceed to debate Senator will hopefully seek a unanimous con- ing to the NIH, there does not seem to MCCAIN’s amendment for however long sent agreement by the end of the day be a necessity for a middleman. that takes. We will try to get the pro- as to the amendments which are going So the amendment I am offering is cedures worked out. to be offered. And we will accommo- really quite simple: No purchasing of In the interim, we will be considering date the distinguished Senator from fetal tissue from induced abortions. the amendment by Senator KERRY South Carolina, although I have never Mr. President, I yield the floor. from Massachusetts. Again, I ask any- heard Senator HOLLINGS speak for as The PRESIDING OFFICER. The Sen- body who has an amendment to offer to little as 7 minutes. I am looking for- ator from Arizona. come to the floor as promptly as pos- ward to that speech myself. AMENDMENT NO. 3610 sible. Mr. REID addressed the Chair. Mr. President, I suggest we proceed Mr. MCCAIN. Mr. President, the The PRESIDING OFFICER. The Sen- now with Senator SMITH, Senator amendment I have pending, following ator from Nevada. MCCAIN, and then Senator HOLLINGS. the disposition of the Smith amend- Mr. REID. Mr. President, Senator The PRESIDING OFFICER. The Sen- ment, requires that the schools and li- HARKIN and Senator SPECTER were here ator from New Hampshire. braries that are taking advantage of yesterday. There was relatively no AMENDMENT NO. 3628 universal service subsidies for Internet business conducted because there were Mr. SMITH of New Hampshire. Mr. connection deploy blocking or filtering no amendments offered. It is now Tues- President, the amendment I have of- software to screen out obscene mate- day, and we are going to get tremen- fered is a very simple one. It says that rial and child pornography for children dous pressure from the two leaders to none of the funds made available in and child pornography on all com- move this bill along. this act may be used to pay—either di- puters. The decisions would be made by Tomorrow will be Wednesday. On rectly or indirectly—reimburse, or oth- the local school boards and library Thursday, people will be talking about erwise compensate any abortion pro- boards. leaving here. I think everyone should vider, fetal tissue procurement con- The Senator from Vermont, Mr. be put on notice that there may not be tractor, or tissue resource source for LEAHY, has asked to speak on this issue an opportunity to offer all these fetal tissue or the cost of collecting, and requests that we begin that some- amendments that people want to offer transferring, or otherwise processing time around noon. on this very important piece of legisla- fetal tissue if that tissue is obtained So if it is agreeable to the Senator tion unless they start coming down from induced abortions. from Pennsylvania and the Senator today. We need people to offer amend- So this amendment is not going to from Iowa, perhaps we could have an ments on this legislation. shut down any research using fetal tis- hour equally divided between myself Is that fair to say, I ask the Chair- sue. Some will say that, but that is not and Senator LEAHY. I think that would man? the case. It will not do that. be—actually, we will ask Senator Mr. SPECTER. I thank the Senator I believe it is morally wrong to take LEAHY’s staff if that is agreeable to from Nevada for his comments. In the the life of an innocent child, an unborn him and then ask for a UC on that. absence of a vote on Monday, it was child, in order to advance the health Mr. REID. If I could respond, Senator hard to find business; we could not find needs of another human being because HARKIN didn’t get the information, I it yesterday. We have had a vote. Sen- that child has given no consent for was just told. Senator LEAHY has noti- ators are in town and on campus. When that. So, to be perfectly honest, it fied us he may want to second degree the Senator from Nevada talks about would be fine with me if fetal tissue re- the McCain amendment, so we cannot finishing the bill this week, the major- search, using elective abortions, were agree to a time agreement. ity leader told me last week that this abolished, but that is not what this Mr. McCAIN. That is fine. So I will bill would be finished, if we had to amendment is about. not ask for a unanimous consent agree- work through Saturday. That is spe- I am absolutely in favor of using ment on time, but the way I under- cifically what Senator LOTT said. That fetal tissue obtained from spontaneous stand it, we now have a Smith amend- is when he anticipated starting the bill abortions or miscarriages. There is a ment to be disposed of first. about Wednesday of this week. difference between a miscarriage and I want to make it clear that I do not The majority leader would like to an induced abortion. The difference is wish to impede the progress of this bill. finish this bill no later than tomorrow that one innocent human life was not I paid attention to the Senator from

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12400 CONGRESSIONAL RECORD—SENATE June 27, 2000 Pennsylvania, and I am very much in The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without favor of a reasonable time agreement ator from Nevada. objection, it is so ordered. on this amendment. Mr. REID. Mr. President, I have two The amendment is as follows: Mr. REID. Will the Senator yield? amendments here that are ready to be On page 54, between lines 10 and 11, insert Mr. MCCAIN. I am glad to yield to offered. Will the manager tell me why the following: the Senator from Nevada. I can’t offer these at this time? SEC. ll. (a) IN GENERAL.—There is appro- Mr. REID. I am confident that when Mr. SPECTER. By all means, we look priated $10,000,000 that may be used by the Senator LEAHY can devote his full at- forward to them being offered. Director of the National Institute for Occu- tention to the matter, something can Mr. REID. Mr. President, I ask unan- pational Safety and Health to— imous consent that the pending amend- (1) establish and maintain a national data- be worked out. He is ranking member base on existing needleless systems and of the Judiciary Committee, and I be- ments be temporarily laid aside. The PRESIDING OFFICER. Without sharps with engineered sharps injury protec- lieve they are in executive session, or if tions; not executive session, something very objection, the pending amendments are (2) develop a set of evaluation criteria for important, and he had to leave the laid aside. use by employers, employees, and other per- floor. He said he will be able to be back AMENDMENT NO. 3629 sons when they are evaluating and selecting here in approximately an hour to work (Purpose: To express the sense of the Senate needleless systems and sharps with engi- on this. So we will protect him until concerning needlestick injury prevention) neered sharps injury protections; (3) develop a model training curriculum to then and see what happens when he ar- Mr. REID. Mr. President, I send an amendment to the desk and ask for its train employers, employees, and other per- rives. immediate consideration. sons on the process of evaluating needleless Mr. MCCAIN. Mr. President, I ask for The PRESIDING OFFICER. The systems and sharps with engineered sharps the yeas and nays on this amendment. clerk will report. injury protections and to the extent feasible to provide technical assistance to persons The PRESIDING OFFICER. Is there The legislative clerk read as follows: objection? who request such assistance; and The Senator from Nevada [Mr. REID] pro- (4) establish a national system to collect Is there a sufficient second? poses an amendment numbered 3629. There appears to be a sufficient sec- comprehensive data on needlestick injuries Mr. REID. Mr. President, I ask unan- ond. to health care workers, including data on imous consent that reading of the mechanisms to analyze and evaluate preven- The yeas and nays were ordered. amendment be dispensed with. tion interventions in relation to needlestick Mr. MCCAIN. Mr. President, I see my The PRESIDING OFFICER. Without injury occurrence. dear friend from South Carolina wait- objection, it is so ordered. (b) DEFINITIONS.—In this section: ing to illuminate all of us, so I will The amendment is as follows: (1) EMPLOYER.—The term ‘‘employer’’ means each employer having an employee yield the floor at this time and pursue At the appropriate place, insert the fol- debate on this amendment at such time with occupational exposure to human blood lowing: or other material potentially containing as Senator LEAHY is available. SENSE OF THE SENATE ON PREVENTION OF I yield the floor. bloodborne pathogens. NEEDLESTICK INJURIES (2) ENGINEERED SHARPS INJURY PROTEC- Mr. REID. Parliamentary inquiry. SEC. ll. (a) FINDINGS.—The Senate finds TIONS.—The term ‘‘engineered sharps injury The PRESIDING OFFICER. The Sen- that— protections’’ means— ator from Nevada. (1) the Centers for Disease Control and Pre- (A) a physical attribute built into a needle Mr. REID. It is my understanding the vention reports that American health care device used for withdrawing body fluids, ac- Senator from Arizona could not ask for workers report 600,000–800,000 needlestick and cessing a vein or artery, or administering the yeas and nays because his amend- sharps injuries each year; medications or other fluids, that effectively ment is not pending. Is that true? (2) the occurrence of needlestick injuries is reduces the risk of an exposure incident by a believed to be widely under-reported; The PRESIDING OFFICER. The Sen- mechanism such as barrier creation, (3) needlestick and sharps injuries result in blunting, encapsulation, withdrawal, retrac- ator’s amendment is pending with an at least 1,000 new cases of health care work- tion, destruction, or other effective mecha- amendment pending also in the second ers with HIV, hepatitis C or hepatitis B nisms; or degree. Therefore, he can ask for the every year; and (B) a physical attribute built into any yeas and nays only by unanimous con- (4) more than 80 percent of needlestick in- other type of needle device, or into a non- sent. juries can be prevented through the use of needle sharp, which effectively reduces the Mr. REID. I appreciate the Chair’s safer devices. risk of an exposure incident. help. (5) OSHA’s November 1999 Compliance Di- (3) NEEDLELESS SYSTEM.—The term rective has helped clarify the duty of em- The PRESIDING OFFICER. The Sen- ‘‘needleless system’’ means a device that ployers to use safer needle devices to protect does not use needles for— ator from South Carolina. their workers. However, millions of State (A) the withdrawal of body fluids after ini- (The remarks of Mr. HOLLINGS per- and local government employees are not cov- tial venous or arterial access is established; taining to the introduction of S. 2793 ered by OSHA’s bloodborne pathogen stand- (B) the administration of medication or are located in today’s RECORD under ard and are not protected against the haz- fluids; and ‘‘Statements on Introduced Bills and ards of needlesticks. (C) any other procedure involving the po- Joint Resolutions.’’) (b) SENSE OF THE SENATE.—It is the sense tential for an exposure incident. Mr. HOLLINGS. I suggest the ab- of the Senate that the Senate should pass (4) SHARP.—The term ‘‘sharp’’ means any legislation that would eliminate or minimize object used or encountered in a health care sence of a quorum. the significant risk of needlestick injury to The PRESIDING OFFICER. The setting that can be reasonably anticipated to health care workers. penetrate the skin or any other part of the clerk will call the roll. AMENDMENT NO. 3630 body, and to result in an exposure incident, The legislative clerk proceeded to (Purpose: To provide for the establishment of including, but not limited to, needle devices, call the roll. a clearinghouse on safe needle technology) scalpels, lancets, broken glass, broken cap- Mr. SPECTER. Mr. President, I ask Mr. REID. Mr. President, I send an illary tubes, exposed ends of dental wires and unanimous consent that the order for amendment to the desk and ask for its dental knives, drills, and burs. the quorum call be rescinded. immediate consideration. (5) SHARPS INJURY.—The term ‘‘sharps in- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without jury’’ means any injury caused by a sharp, objection, it is so ordered. including cuts, abrasions, or needlesticks. objection, the pending amendment will (c) OFFSET.—Amounts made available Mr. SPECTER. Mr. President, Sen- be laid aside. under this Act for the travel, consulting, and ator WYDEN is on his way to offer an The clerk will report. printing services for the Department of amendment. We are renewing our call The legislative clerk read as follows: Labor, the Department of Health and Human for Members who have amendments to The Senator from Nevada (Mr. REID) pro- Services, and the Department of Education offer to come to the floor. We have an poses an amendment numbered 3630. shall be reduced on a pro rata basis by extensive list of proposed amendments. Mr. REID. Mr. President, I ask unan- $10,000,000. Again, I emphasize the urgency of this imous consent that reading of the Mr. REID. Mr. President, I spoke request at this moment. amendment be dispensed with. about these two amendments at some

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12401 length yesterday. I will abbreviate ously a very worthwhile objective. It is The PRESIDING OFFICER. The what I said yesterday. Every year, my view that we ought to move such clerk will call the roll. 600,000 injuries occur as a result of legislation as promptly as possible. The assistant legislative clerk pro- nurses and other health care profes- There is a serious problem and, to the ceeded to call the roll. sionals being stuck accidentally by extent it can be eliminated or mini- Mr. WYDEN. Mr. President, I ask needles. It is not because of any neg- mized, I am all for it. We would accept unanimous consent that the order for ligence on their part. It is because of this amendment. the quorum call be rescinded. the dangerousness of their work. Mr. REID. I appreciate the managers The PRESIDING OFFICER. Without Approximately every 35 seconds, accepting this sense-of-the-Senate objection, it is so ordered. someone—usually a nurse—is stuck amendment. I look forward to working Mr. WYDEN. Mr. President, I ask with a needle. It is estimated that the with the Senators on the underlying unanimous consent to lay aside the number of reported cases is underesti- legislation pending in this regard. pending amendment. mated. It is probably every 15 seconds, Mr. SPECTER. Mr. President, I urge The PRESIDING OFFICER. Is there 24 hours a day, 7 days a week, that adoption of the amendment. objection? these individuals are injured. So we The PRESIDING OFFICER. Without Without objection, it is so ordered. have at least 20 diseases that are trans- objection, the amendment is agreed to. AMENDMENT NO. 3632 mitted very easily by being stuck with The amendment (No. 3629) was agreed Mr. WYDEN. Mr. President, very needles. to. shortly I will be sending to the desk an I gave the account yesterday of two Mr. SPECTER. Mr. President, the amendment to deal with an issue of ex- nurses. We could have given hundreds second amendment offered by the Sen- traordinary importance; that is, the of thousands of different examples, but ator from Nevada to add $10 million to question of pharmaceuticals that get we gave two people—one was a woman the National Institute for Occupational to the market to a great extent from Reno, NV, and the other a woman Safety and Health that would come through taxpayer-funded research. from Massachusetts—whose lives were from administrative costs, is what we From the very beginning of this de- dramatically altered as a result of think a worthwhile objective. We are bate on prescription drugs, I teamed up being stuck with needles while being candid to say that the charges to ad- with Senator OLYMPIA SNOWE of Maine nurses. One of them takes 21 pills a ministration are now very heavy. on this issue. I believe this prescription day; the other takes 22 pills a day. So it would be my intention to ac- drug issue is so extraordinarily impor- They are very, very ill—HIV and hepa- cept this amendment, subject to the tant that it has to be pursued in a bi- titis C. understanding that we are going to partisan fashion. The purpose of these amendments is have to work out in conference where We have seen that there is an enor- to have there be a standard established the funding will come from. After a mous interest in this country on the so that this, in fact, will not take place while, the administrative costs deduc- question of prescription drugs, and it in the future. There are already needle- tion is so overburdened that it becomes has become a heated and contentious less instruments that can be used, intolerable, but subject to that limita- debate. In an effort to try to ensure which work just as well. The only prob- tion, we will be prepared to accept the this discussion was bipartisan at every lem is they are a little bit more expen- amendment on this side. level, in developing the amendment I sive, and the health care system wants Mr. President, I suggest the absence will very shortly offer, I consulted at to save every penny, so they don’t use of a quorum. some length with the chairman of the them. In the short term and in the long The PRESIDING OFFICER. The subcommittee, Senator SPECTER of term, money would be saved if, in fact, clerk will call the roll. Pennsylvania, as well as Senator HAR- we used these new devices. The legislative clerk proceeded to KIN, the ranking minority member. The lost time from individuals being call the roll. Because he is on the floor, at this stuck with these needles is very signifi- Mr. SPECTER. Mr. President, I ask time I would especially like to thank cant. People become disabled very unanimous consent that the order for Chairman SPECTER and his staff for all quickly. So we need to stop this prac- the quorum call be rescinded. the efforts to work with us on this tice and have the Federal Government The PRESIDING OFFICER. Without matter. Chairman SPECTER has been join with the private sector, in effect, objection, it is so ordered. very gracious as well as his staff—I see to do away with needles as we now Mr. SPECTER. Mr. President, com- Bettilou Taylor here—in making time know them. ing back to the amendment offered by to work with us on an amendment that I would be happy to answer any ques- the Senator from Nevada for $10 mil- I believe will be acceptable to both the tions Senators may have. This is some- lion to be added to the National Insti- majority and the minority when I send thing that has been debated in the tute for Occupational Safety and it to the desk. past. It should become effective imme- Health out of administrative costs, we In this discussion of the question of diately. are prepared to take it at this time. pharmaceuticals that get to market Mr. President, I suggest the absence Again, this is subject to the under- largely through taxpayer funds, I think of a quorum. standing that there is quite a bit of it was said very clearly by Congress- The PRESIDING OFFICER. The money taken out of administrative man BILL THOMAS, the chairman of the clerk will call the roll. costs, and this is something we will House Ways and Means Subcommittee The legislative clerk proceeded to have to work out in conference. on Health, and a member of the Repub- call the roll. The PRESIDING OFFICER. Without lican leadership: ‘‘When taxpayers’ Mr. SPECTER. Mr. President, I ask objection, amendment No. 3630 is money is being spent, there ought to be unanimous consent that the order for agreed to. a return on that investment.’’ the quorum call be rescinded. The amendment (No. 3630) was agreed I am going to repeat that because I The PRESIDING OFFICER. Without to. think it says it very well. Congressman objection, it is so ordered. AMENDMENT NO. 3626, WITHDRAWN BILL THOMAS, chairman of the House Mr. SPECTER. Mr. President, with Mr. REID. Mr. President, there are Ways and Means Committee sub- respect to the first amendment by the some other amendments that I have in committee said: ‘‘When taxpayers’ Senator from Nevada, a sense of the relation to this subject. I ask unani- money is being spent, there ought to be Senate respecting legislation to elimi- mous consent that they be withdrawn. a return on that investment.’’ nate or minimize the significant risk of The PRESIDING OFFICER. Without I think what is critical at this point needlestick injury to health care work- objection, it is so ordered. is that taxpayers and citizens of this ers, it is my understanding that the Amendment 3626 is withdrawn. country understand just how extensive Senator from Nevada has such legisla- Mr. SPECTER. Mr. President, I sug- the Federal investment in these phar- tion which is pending, and it is obvi- gest the absence of a quorum. maceuticals is.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12402 CONGRESSIONAL RECORD—SENATE June 27, 2000 We all understand that the develop- There are some technical questions very clear illustration of why this ment of prescription medicine in this with respect to how this is done. In amendment is needed. With respect to country is a risky business. You are particular, the nature of the pharma- Taxol, the National Institutes of going to have some successful invest- ceutical discovery is one that has to be Health did the initial collection and re- ments. You also are going to have some thought through very carefully. But at collection of the bark of the Pacific dry holes. That is the nature of the free the same time acceptance of this Yew, which is the material from which enterprise system. That is what entre- amendment would bring a sense of ur- the drug came. The National Institutes preneurship is all about. It is about gency to this issue. of Health performed all biological risk taking, and it is about focusing on The Congress has a long history on screening in both cell culture and ani- bright, creative ideas in the private this question. But the fact is that for mal tumor systems. The NIH did the marketplace. Particularly in the phar- some years there has not been ade- chemical purification, isolation, and maceutical sector, this approach has quate recognition of the fact that the structure identification. The National lead to nothing less than a revolution. taxpayer has done much of the heavy Institutes of Health did large-scale pro- So many of the medicines of today are lifting in getting these pharma- duction from bark collection through central to keeping people well, and ceuticals to market. With this amend- the preparation of material for human keeping folks healthy. They help to ment we will ensure when the tax- use. NIH developed and produced suit- hold down blood pressure and choles- payers play a significant role in a able intravenous drug formulations. terol. As a result of those medicines, blockbuster drug that ends up pro- They did the preclinical toxicology, we end up very often seeing massive ducing very significant profits for an they filed the Investigational New savings that would otherwise be in- individual company that the taxpayers’ Drug Application, and they sponsored curred by what is called Part A of the investment will be recognized. all the activities, including the efforts Medicare program—the hospital por- I am just going to take a few minutes directed towards total and partial syn- tion of the program. on this matter and use an example thesis of the drug. This exciting revolution in the phar- with which I think we are familiar in By the end of the fiscal year of 1992, maceutical sector is one that we all ap- the Congress but which has special NIH had invested $32 million. NIH preciate. However, today we want to ramifications for folks in my part of could not manufacture the drug for take special note of the fact that the the United States, and that is the drug commercial purposes, so it competi- taxpayers have contributed in a very Taxol. tively bid to find a company to manu- significant way to that revolution. Before I do, I will ask unanimous facture the drug. The Bristol-Myers According to the Joint Economic consent to make a modest change, but Squibb Company was able to get exclu- Committee, Federal research was in- a very important one, that also in- sive rights to go forward with this strumental in the development of 15 of cludes the Appropriations Committee. pharmaceutical in the marketplace. the 21 drugs considered to have the The PRESIDING OFFICER. The Sen- Frankly, at hearings I held in 1993, highest therapeutic impact on society ator has a right to modify his amend- the company really could not specify which were introduced between 1965 ment. what they had done at all, other than the preclinical work and research into and 1992. Of those 15 pharmaceuticals, 7 AMENDMENT NO. 3632, AS MODIFIED alternatives. have specific ties to the National Insti- Mr. WYDEN. I send the modification So I come back to the fundamental tutes of Health. Of those seven pharma- to my amendment to the desk. The PRESIDING OFFICER. It is so proposition: Why is it that a pharma- ceuticals with direct connections to ceutical that was developed by the Na- modified. the National Institutes of Health, three tional Institutes of Health and resulted had more than $1 billion in sales in The amendment (No. 3632), as modi- fied, is as follows: in $1.5 billion in sales in 1999 for Bris- 1994, and in 1995. tol-Myers Squibb resulted in no return Mr. President, I send my amendment At the end of title II insert the following: SEC. . None of the funds made available on investment to the American tax- to the desk. payer? This drug produced an enor- The PRESIDING OFFICER. The under this Act may be made available to any mous gain for an individual pharma- clerk will report. entity under the Public Health Service Act ceutical company, yet the American The assistant legislative clerk read after September 1, 2001, unless the Director of NIH has provided to the Chairman and taxpayer did not share in that gain. We as follows: Ranking Member of the Senate Committees are responsible to the taxpayer to be The Senator from Oregon (Mr. WYDEN) pro- on Appropriations and on Health, Education, good financial stewards of their as- poses an amendment numbered 3632: Labor, and Pensions a proposal to require a SEC. . None of the funds made available sets—in a sense the taxpayer saw their reasonable rate of return on both intramural research walk out the door without under this Act may be made available to any and extramural research by March 31, 2001. adequate compensation for that mas- entity under the Public Health Service Act Mr. WYDEN. Mr. President, I want to after September 1, 2001, unless the Director sive taxpayer investment. of NIH has provided to the Chairman and cite one example of a blockbuster drug There are other examples of NIH re- Ranking Member of the Senate Committee that makes the case for why this search leading to block buster drugs. on Health, Education, Labor, and Pensions a amendment is so important. That drug One of those drugs found using NIH proposal to require a reasonable rate of re- is Taxol, a breakthrough drug used to research and with more than $1 billion turn on both intramural and extramural re- fight cancer in women. It was origi- in sales is Prozac. The basic research in search by March 31, 2001. nally made from the bark of the Pa- the development of Prozac was per- Mr. WYDEN. Mr. President, this cific Yew tree. The National Institutes formed in the 1950s and 1960s by exter- amendment is very specific in that it of Health developed this drug which nal researchers funded by NIH and re- directs the National Institutes of last year produced $1.5 billion in sales searchers in NIH labs. Eli Lilly and Health to bring to the Senate by March for the Bristol-Myers Squibb Company. Company developed Prozac based on 31, 2001, a specific proposal for ensuring Let me repeat that. This was a drug this research. that research funded by the taxpayer that was developed by the National In- In 1998, Prozac was third on the list be recognized in the development of stitutes of Health. This was not a drug of the top 200 brand-name prescription pharmaceuticals, and that the compa- that came about through the genius of drugs in terms of units sold. Other nies that benefit from that research the private sector. It was a drug devel- drugs that relied on publicly-funded re- pay reasonable rates of return on the oped at the National Institutes of search were also on that list including investment by the taxpayer. Health by dedicated scientists who Imitrex, Mevacor, and Zovirax. I believe it is fair to all parties—to worked hard and were pushing with Cisplatin is an anti-cancer drug dis- entrepreneurs, to researchers, to those every ounce of their strength to come covered by a biophysicist at Michigan in the pharmaceutical sector—and to up with new products to help women. State University. National Cancer In- all sides because it recognizes that this I want to outline specifically what stitute scientists completed the phar- is a difficult issue. they did in this case because it is a macology, toxicology, formulation,

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12403 production and clinical trials. Michi- drugs, particularly the cancer drugs, Mr. REID. There is no objection on gan State University then licensed its coming about because the taxpayer has this side. patent to Bristol-Myers Squibb and the paid for medically significant research, The PRESIDING OFFICER. The drug is used today to treat several this amendment, in my view, addresses question is on agreeing to amendment types of cancer. one of the important issues in the No. 3632, as modified. All of my colleagues have met with health care arena. The amendment (No. 3632), as modi- constituents suffering from diseases I want to wrap up by expressing my fied, was agreed to. that we are so close to finding cures appreciation to Senator SPECTER and Mr. SPECTER. Mr. President, I move for. Diabetes and Parkinson’s are just Senator HARKIN. If this amendment is to reconsider the vote. two areas that come to mind. adopted, I believe early next year we Mr. REID. I move to lay that motion In this day of biomedical break- will have a specific game plan, a road- on the table. throughs, it is important that the tax- map to ensure that taxpayers’ interests The motion to lay on the table was payer not only see results of the re- are protected when they have done the agreed to. search, but share in the gain that the heavy lifting in pharmaceutical devel- The PRESIDING OFFICER. The multi-national drug companies also re- opment while, at the same time, hav- Chair recognizes the Senator from ceive. ing been fair to the entrepreneurs and Oklahoma. I have come to the floor, I think, now pharmaceutical firms and others that AMENDMENT NO. 3633 on more than 30 occasions to focus on work in this area. (Purpose: To increase funding for Impact Aid the need for bipartisanship on this I hope this amendment will be ac- basic support payments and to provide an cepted by the majority and the minor- issue. Senator DASCHLE, in my view, offset) has done yeoman’s work, trying to ity. Mr. INHOFE. Mr. President, I send an I yield the floor. bring people together. I hope we can, as amendment to the desk and ask for its The PRESIDING OFFICER. The Sen- immediate consideration. we are seeking to do in this amend- ator from Pennsylvania. ment, address these issues in a bipar- The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I com- objection, the pending amendments are tisan fashion and particularly look to mend the Senator from Oregon for this laid aside. The clerk will report. those areas with respect to prescrip- amendment. I think it is a good amend- tion medicine that are going to be key The assistant legislative clerk read ment and it puts the finger on a source as follows: for the future. of potential funding which would be We know that absolutely vital to the fair and just. The National Institutes The Senator from Oklahoma [Mr. INHOFE], for himself, Mr. MURKOWSKI, and Mr. SES- health of this country is the research of Health have engaged in extraor- done at the National Institutes of SIONS, proposes an amendment numbered dinary research and have had phe- 3633. Health. We have had many supporters nomenal results. To the extent that re- Mr. INHOFE. Mr. President, I ask in this body who have championed the search has resulted in profits to private unanimous consent that the reading of cause of additional funding for NIH. I companies, it is a fair request; it is fair the amendment be dispensed with. am especially appreciative of the work to ask that the Federal Government The PRESIDING OFFICER. Without done by Senator MACK, for example, share in those proceeds. objection, it is so ordered. Senator HARKIN, and Senator SPECTER. During the course of the past several The amendment is as follows: They have been a bipartisan jug- years, our subcommittee has taken the gernaut, working for additional fund- lead on substantially increasing the At the end of title III, insert the following: ing for research at the National Insti- funding for the National Institutes of SEC. ll. IMPACT AID. Health. Four years ago, we raised the Notwithstanding any other provision of tutes of Health. this Act— We also ought to recognize that when funding by almost $1 billion; 3 years (1) the total amount appropriated under blockbuster drugs get to market as a ago, by $2 billion; last year, by $2.2 bil- this title to carry out title VIII of the Ele- result of that taxpayer-funded re- lion; and this year, $2.7 billion. We seek mentary and Secondary Education Act of search, we have responsibilities to the to bring the total funding for the Na- 1965 shall be $1,108,200,000; taxpayers. We are stewards of their tional Institutes of Health to $20.5 bil- (2) the total amount appropriated under funds. It does not pass the smell test at lion. this title for basic support payments under a townhall meeting to say that if the Where we can find that private indus- section 8003(b) of the Elementary and Sec- try has benefited and made a profit, a ondary Education Act of 1965 shall be taxpayers spend vast sums for federally $896,200,000; and funded research and a company then fair return ought to be given to the NIH. It is preeminently reasonable to (3) amounts made available for the admin- makes huge profits in the private sec- istrative and related expenses of the Depart- tor, the taxpayers get no return on have that sort of provision in law, to ments of Labor, Health and Human Services, that investment. ask the Director of the National Insti- and Education shall be further reduced on a What we are making clear in this tutes of Health to make that report to pro rata basis by $78,200,000. amendment is that Federal research the appropriate committees. Mr. INHOFE. Mr. President, this We are also considering the funding should not be let go cheaply. It is im- amendment addresses a subject with in terms of how much is spent for ad- portant that taxpayers have a right to which we are all very familiar. In the ministrative costs. In the sub- receive reimbursement when a block- committee, we are going to be direct- early fifties, we put together a very buster drug gets to market largely ing inquiries to the recipients of NIH good and effective Federal program to with their funds. funds as to how much is being allo- reimburse the States for revenue that What this does is ensure, in a timely cated for overhead and administrative was lost because of Federal activities— way, that the National Institutes of costs. This is an effort to increase the whether it was a military base or In- Health get to the Senate and the rel- moneys which may be available for re- dian reservation—anytime those prop- evant committees a specific proposal search. erties were taken off the tax rolls. Yet to ensure, as Congressman BILL THOM- Phenomenal results have been that particular type of activity AS, chairman of the House Ways and achieved on a variety of ailments. Par- brought in additional students. It was Means Subcommittee on Health, said kinson’s is now perhaps as close to 5 set up to reimburse the local school recently: years from being solved. There have districts. Where taxpayers’ money is being spent, been significant advances on Alz- It is called impact aid. It is one of there ought to be a return on that invest- heimer’s and heart disease. I printed the oldest Federal education programs ment. the whole list in the RECORD during my dating back to the fifties. The ration- That is what this amendment does. opening statement. ale for compensation is Federal activ- Because of the Government’s increased I am glad to accept the amendment ity deprives local school districts of role in pharmaceutical development, offered by the distinguished Senator the ability to collect sufficient prop- with so many of the breakthrough from Oregon. erty and sales tax, even though the

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12404 CONGRESSIONAL RECORD—SENATE June 27, 2000 school district is obligated to provide [In millions] Government. It is candidly like many free public education. obligations the Federal Government FY 2000 Proposed Since the early eighties, impact aid actual FY 2001 ought to undertake which the Federal Government has not undertaken. One has not been fully funded despite the Basic Support—8003(b) ...... $737.2 $896.2 obligation of the Federal Government Federal prop—8002 ...... 32.0 35.0 of the most notable examples is special Special Ed—8003(d) ...... 50.0 53.0 education. to make local school districts whole. Construction—8007 ...... 10.1 10.1 We introduced some time ago a resolu- Heavily Impacted—8007(f) ...... 72.2 82.0 I have discussed this matter with my tion that would do that very thing. It Facilities Maint—8008 ...... 5.0 5.0 colleague from Oklahoma and think it has the support of quite a number of Totals ...... 906.5 1 1.08 worth putting into the RECORD the ad- Members of the Senate. In fact, I have 1 Billion. vances which the subcommittee, and now the full committee, have made on a letter signed by a large number of Thank you. Senators. I ask unanimous consent it this important subject. Sincerely. Last year, the total impact aid was be printed in the RECORD. Jim Inhofe; George V. Voinovich; Dick Lugar; Jeff Sessions; Wayne Allard; $906.4 million. The request by the ad- There being no objection, the mate- ministration, according to information rial was ordered to be printed in the Herb Kohl; Paul Wellstone; John Ed- wards; Olympia Snowe; Mike DeWine; provided to me, is only $770 million. RECORD, as follows: Ben Nighthorse Campbell; Fred Thomp- The House of Representatives in its bill UNITED STATES SENATE, son; Rod Grams; Peter G. Fitzgerald; has allocated $985 million. So the Sen- Washington, DC, May 9, 2000. Jesse Helms; Daniel P. Moynihan; Thad ate is some $45 million higher now than Hon. ARLEN SPECTER, Cochran; Susan Collins. is the House of Representatives. Chairman, Labor, HHS, Education, and Related Mr. INHOFE. Mr. President, my lan- Agencies Subcommittee. I do recognize, as I said privately to Hon. TOM HARKIN, guage would actually fully fund impact the Senator from Oklahoma, the im- Ranking Member, Labor, HHS, Education and aid to all school districts in the coun- portance of this account and the desir- Related Agencies Subcommittee. try by fiscal year 2004. The effect it ability of increasing the funding. DEAR SENATORS SPECTER AND HARKIN: We would have this year would be approxi- We are prepared to accept the amend- recognize and appreciate the support you mately $78.2 million. In discussing this ment on the understanding, as I dis- have shown in the past for the Impact Aid with both the majority and the minor- cussed privately with Senator INHOFE program. As you know, this vital funding ity, I realized the offset we are sug- and now state publicly for the record, source for local school districts began expe- gesting; that is, to take it out of ad- that the funding comes out of adminis- riencing a shortfall in the early 1980’s due to ministrative overhead, is something trative costs, and that is an item which budget constraints. As a result, critical that has already been done. I recognize needs have been and continue to be unmet. has already been hit very hard. that once they get to conference, they A few moments ago, when the Sen- We also recognize that although the budget are going to have to shuffle these ator from Nevada offered an amend- is in balance and there are now surpluses as opposed to deficits, funds are not unlimited. things around and see what actually ment to add $10 million for NIOSH, we However, we would remind you that the Im- can be done. accepted the amendment, stating can- pact Aid program is an obligation of the Fed- While I recognize that in the House didly, openly, that we would do our eral Government to make local school dis- and Senate bills there is an increase in best in conference. That is the same tricts whole for federal activities which pre- impact aid, it does not have anything thing I have told the distinguished clude them from collecting the necessary in the future that will reach full fund- Senator from Oklahoma: That we rec- revenues to adequately fund their schools. ing. I have a list here. Not one of the 50 ognize the importance, the validity of Thus, we would like to propose annual in- States is 100 percent. Yet these are the purpose, and we will do our best, creases in Section 8003(b) of the Impact Aid funds taken from the States due to program of 12% until it is fully funded in FY but we are going to have to work out a 2004. Specifically, we would propose funding Federal activities. great many complicated matters. On the program at 64% in FY 2001, 76% in FY What I would like, perhaps with the that state of the record, we are pre- 2002; 88% in FY 2003; and 100% in FY 2004. understanding and the agreement of pared to accept the amendment. A 12% increase in Section 8003(b) of the Im- the chairman of the committee and the The PRESIDING OFFICER. The Sen- pact Aid program in FY 2001, which con- ranking member, is to go ahead and ator from Iowa. stitutes the largest portion of Impact Aid adopt this amendment which says, in Mr. HARKIN. While I support im- dollars, would not only provide needed dol- the 4-year period, impact aid will be proving impact aid around the country, lars to our local school districts, but would fully funded; however, there is to be an we are getting to the point where we send a strong signal that the Federal Gov- understanding it has to go into con- accepted a $10 million cut in adminis- ernment is committed to fully funding this ference along with some other requests trative costs, and we accepted some important education program. In some cases, every one dollar of Federal Impact Aid frees to see what actually can be worked more before that, did we not? up one local dollar to purchase buses, do out. Mr. SPECTER. We did. building maintenance or hire additional staff I want to have a colloquy with the Mr. HARKIN. Now we are going to to lower pupil teacher ratios. However, there chairman of the committee so we can accept $78 million in administrative are school districts that do not have the have this understanding. The State of costs, which we know we can’t do? ability to make up the Impact Aid deficit be- Pennsylvania is actually at 11 percent I know I have some people on this cause either they cannot afford it or there of being fully funded, which is not side of the aisle who want to come over are restrictions on the local taxing authority nearly as well as Oklahoma, which is and offer amendments that will cut ad- which prevent them from increasing sales or property taxes to compensate for the lack of at 37 percent. This is something that is ministrative costs. federal contribution. In these cases, needed an equity issue. It is not a distinction I just ask my friend, the chairman, infrastructure repairs, replacement of buses of 50 percent or 60 percent of full im- are we just going to accept them then? and textbooks or additional personnel just pact aid funding or 10 percent. It is an Are we going to accept every amend- do not happen because there is no money. equity issue. ment that comes over that cuts admin- Continued under funding of this program The PRESIDING OFFICER. The Sen- istrative costs to increase education or puts a unreasonable and unfair burden on our ator from Pennsylvania. whatever it might be? If we are going schools. This inequity must be resolved. Mr. SPECTER. Mr. President, I com- to do that, then I have no objection to We believe a phased-in full funding sched- mend my distinguished colleague from the amendment of the Senator from ule is not only doable but is fiscally respon- Oklahoma for offering this amendment Oklahoma. But if we are going to pick sible. Thus, we would respectfully ask that because there is no doubt that the ap- and choose, well, then, maybe we ought you fund Section 8003(b) of the Impact Air program at a minimum of 64%. Listed below, propriations for impact aid are very to think about which amendments and are proposed funding levels for those sections important. As a basic matter of fair- how we are going to balance these off of the Impact Aid program that are of most ness to the States, this obligation between maybe amendments on that concern to our states. ought to be undertaken by the Federal side and amendments on this side.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12405 Are we going to have a $100 million McCain amendment in the order of suc- federal government owns or controls cutoff or a $150 million cutoff on ad- cession? property, that property is lost to the ministrative costs and say we will take The PRESIDING OFFICER. It has tax base of state and local govern- the first ones out of the block up to been temporarily laid aside. ments. The Impact Aid program was that point? Where do we draw the line? Mr. MCCAIN. Mr. President, I suggest established for the purpose of compen- We are going to have Senators on the absence of a quorum. sating school districts for the tax rev- this side of the aisle come over here The PRESIDING OFFICER. The enue they lose given a federal presence. and offer amendments of the same clerk will call the roll. I note with dismay and frustration magnitude, and they are going to take The assistant legislative clerk pro- that the Clinton Administration rou- it out of administrative costs. I ask, ceeded to call the roll. tinely eliminates portions of the Im- will we just accept them? Mr. INHOFE. Mr. President, I ask pact Aid program in its annual budget Mr. SPECTER. Mr. President, if I unanimous consent that the order for recommendations. Fortunately, how- may respond to my distinguished co- the quorum call be rescinded. ever, this important program has been manager, my view is, we will take a The PRESIDING OFFICER. Without maintained and consistently funded. look at each one of them on an indi- objection, it is so ordered. For that, I want to recognize the as- vidual basis. We will assess the validity AMENDMENT NO. 3633, AS MODIFIED sistance of Senator SPECTER, Senator of the items, and we will accept them if Mr. INHOFE. Mr. President, I send STEVENS, and the other members of the they are valid. I do not know exactly my amendment back to the desk as Appropriations Committee. Congress what the cutoff figure is. I discussed modified and ask for its immediate has kept this program viable. Impact Aid is a vital program for candidly with the Senator from Okla- consideration. Utah for many reasons. Utah needs homa the difficulties of looking at $78 The PRESIDING OFFICER. The every dollar it can get for our schools. million. amendment is so modified. Utah is a ‘‘worst case scenario’’ when it Mr. HARKIN. That is a big item. The amendment, as modified, is as comes to the issue of school finance. Mr. SPECTER. It is a very big item. follows: The Senator from Oklahoma knows we We have the largest percentage of At the end of title III, insert the following: school age population in the country will do our best. SEC. ll. IMPACT AID. Mr. INHOFE. Let me reclaim the and the lowest percentage of working Notwithstanding any other provision of age adults. Because of this we have the floor, if I may, and respond to the Sen- this Act— ator from Iowa. (1) the total amount appropriated under lowest per-pupil expenditure in the For the first 30 years of this program, this title to carry out title VIII of the Ele- country, despite the fact that our state it was fully funded. I do not believe the mentary and Secondary Education Act of allocates an extraordinary percentage Senator was in the Chamber when I 1965 shall be $1,065,000,000; of its tax revenue to education. More- first started talking about it. This is a (2) the total amount appropriated under over, the adverse impact of a low per- this title for basic support payments under reimbursement back to the States of pupil expenditure is felt over and over section 8003(b) of the Elementary and Sec- again because per pupil expenditure money they have been deprived of as a ondary Education Act of 1965 shall be result of Federal activity. That is a has become a factor in the funding for- $853,000,000; and mulas for a number of federal edu- distinction between this and other pro- (3) amounts made available for the admin- cation programs. grams. istrative and related expenses of the Depart- To make matters worse, about 70 per- For the Senator’s State of Iowa, for ments of Labor, Health and Human Services, cent of Utah’s land is federally con- example, you are getting 20 percent of and Education shall be further reduced on a nected. We have military bases, parks, what you would get if it were fully pro rata basis by $78,200,000. forests, wilderness, BLM land, reserva- funded. It is an equity issue. Certainly, Mr. INHOFE. Mr. President, even tions, and, of course, a relatively new I have the understanding from the though I believe we need to have a spe- cific time in the future when Impact 1.7 million acre national monument. chairman—and I talked to the Senator If the Federal Government is going Aid is fully funded, I recognize there from Nevada—and I recognize that to own or control this much land in will have to be some kind of discipline when this gets into conference, there is Utah, we need a fully funded Impact in the number of amendments that are going to be a problem weaving and Aid program to offset the tax revenue coming up to the Labor-HHS appro- sorting. But I cannot imagine any losses to our schools. The federal gov- priations bill. For that reason, I have other program that would have a high- ernment cannot improve education if modified the amount down so that in er priority than this, to ultimately say they give with one hand and take away the first year it will be $35 million as it is our intent to get this fully funded with the other. That is what the Clin- opposed to $78.2 million. I believe this back to where it was prior to the 1980s. ton administration seems to be doing— has been agreed to on both sides. For that reason, I believe it has advocating education funds only for Mr. HATCH. Mr. President, I rise merit above some of the other pro- those initiatives it has proposed, but fi- today in strong support of the amend- grams that are coming. This is a reim- nancially starving federal education ment offered by my colleague from bursement we agreed to back in the programs that send money directly to Oklahoma, Senator INHOFE, to increase 1950s. Utah school districts. Mr. SPECTER. Mr. President, I sug- funds for the Impact Aid program. I I am pleased to join my colleagues in gest the absence of a quorum. have been a long time supporter of this support of the Impact Aid program. I The PRESIDING OFFICER. The vital program. urge senators to support this amend- clerk will call the roll. The Impact Aid program helps com- ment. The senior assistant bill clerk pro- pensate states, like Utah, which are ad- The PRESIDING OFFICER. The ceeded to call the roll. versely affected by a federal presence. question is on agreeing to amendment Mr. MCCAIN. Mr. President, I ask This program allocates funds to school No. 3633, as modified. unanimous consent that the order for districts where there are substantial The amendment (No. 3633), as modi- the quorum call be rescinded. concentrations of children whose par- fied, was agreed to. The PRESIDING OFFICER. Without ents both live and work on federally Mr. MCCAIN. Mr. President, I move objection, it is so ordered. connected property and kids who par- to reconsider the vote. Mr. MCCAIN. Mr. President, what is ents either live or work on federally Mr. INHOFE. I move to lay that mo- the pending business before the Sen- connected property. This is an ex- tion on the table. ate? tremely important program in Utah, The motion to lay on the table was The PRESIDING OFFICER. The especially in the southern part of my agreed to. Inhofe amendment No. 3633. state. AMENDMENT NO. 3610 Mr. MCCAIN. Mr. President, I have a Some may ask why this program is The PRESIDING OFFICER. The Sen- parliamentary inquiry. Where is the needed. The answer is simple. When the ator from Arizona.

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Mr. MCCAIN. Mr. President, it is my the Internet. This material may be Francisco Chronicle reported an inter- understanding that I will speak on my accessed directly, or may turn up as national ring of pedophiles operating amendment and the time of the vote the product of a general Internet through an on-line chat room known as will be decided by the managers of the search. Seemingly innocuous keyword the ‘‘Orchid Club.’’ Sadly, this case was bill. I will speak on my amendment at searches like ‘‘Barbie doll,’’ ‘‘play- an ominous precursor of underscoring this time and then probably will not ground,’’ ‘‘boy’’ and ‘‘girl’’ can turn up both the technological sophistication need additional time, depending on the some of the most offensive and shock- of on-line predators, and the unique desires of the managers of the bill. ing pornography imaginable. Though, challenge of protecting children in an The purpose of this amendment is to due to the amorphous nature of the environment of a global communica- protect America’s children from expo- Internet, it is difficult to precisely es- tions medium. The Chronicle reported sure to obscene material, child pornog- tablish the amount of pornography that: ‘‘The case appears to be the first raphy, or other material deemed inap- available on the Internet. According to incident where pornography on the propriate for minors while accessing US News & World Report, there are ‘‘at Internet has been linked to an incident the Internet from a school or library least 40,000 sex-oriented sites on the of child molestation that was trans- receiving federal Universal Service as- Web.’’ This number does not include mitted on-line . . . Prosecutors said sistance by requiring such schools and Usenet newsgroups, and pornographic members produced and traded child libraries to deploy blocking or filtering spam. pornography involving victims as technology on computers used by mi- Many who oppose efforts to protect young as five years old, swapped sto- nors, and to block general access to ob- children from exposure to pornography ries of having sex with minors and in scene material, and child pornography over the Internet dismiss such efforts one instance chatted online while two on all computers. The amendment fur- as moralizing, as if it isn’t enough to suspects molested a 10-year-old girl.’’ ther requires that schools and libraries argue for the protection of innocence. Sixteen men were indicted, including block child pornography on all com- Mr. President, I am content to make individuals from across the United puters. my stand on the vital importance of States, Australia, Canada, and Finland. The last few years have seen a dra- sheltering the purity of our children’s In 1998, the U.S Customs Service, in matic expansion in Internet connec- moral innocence. However, the need to coordination with law enforcement of- tions. The Internet connects more than protect our children exceeds the basic ficials from 13 other countries, con- 29 million host computers in more than moral argument. Natural sexual devel- ducted a raid on the ‘‘Wonderland 250 countries. Currently, the Internet opment occurs gradually, throughout Club.’’ The price of membership in the is growing at a rate of approximately childhood. Exposure of children to por- Wonderland Club was high. In order to 40 percent to 50 percent annually. Some nography distorts this natural develop- ‘‘join’’ the Wonderland Club of low- estimates of the number of U.S. Inter- ment. As Dr. Mary Anne Layden, Di- lifes, prospective members had to pro- net users are as high as 62 million. rector of Education at the University vide 10,000 images of child pornog- Section 254 of the Telecommuni- of Pennsylvania School of Cognitive raphy, which were then digitally cross- cations Act of 1996 added a new subsidy Learning testified before the Com- referenced against the club’s data base to the traditional Universal Service merce Committee, children’s exposure of more than 500,000 images of children program, commonly referred to as the to pornography accelerates and warps to ensure their originality. According Schools and Libraries Discount, or e- normal sexual development by shaping to Time Magazine: rate. As implemented by the FCC, the sexual perspective through exposure to The images depict everything from sexual abuse to actual rape of children—some as e-rate is a $2.25 billion annual subsidy sexual information and imagery. Dr. young as 18 months old. ‘‘Some club mem- aimed at connecting schools and librar- Layden stated: ‘‘The result is a set of bers in the U.S., Canada, Europe and Aus- ies to the Internet. This subsidy is distorted beliefs about human sexu- tralia . . . owned production facilities and funded through higher phone bills to ality. These shared distorted beliefs in- transmitted live child-sex shows over the customers. clude: pathological behavior is normal, Web. Club members directed the sex acts by There are approximately 86,000 public is common, hurts no one, and is so- sending instruction to the producers via schools in the United States. In the cially acceptable, the female body is Wondernet chat rooms. ‘‘They had stand- first program year of the e-rate, 68,220 ards,’’ said a law enforcement official in- for male entertainment, sex is not volved in the case. ‘‘The only thing they public schools participated in the pro- about intimacy and sex is the basis of banned was snuff pictures, the actual killing gram. That is approximately 68 percent self-esteem.’’ of somebody.’’ of all public schools. Participation in- Alarmingly, the threat to children As we wire America’s children to the creased by 15 percent in the second posed by unrestricted Internet access is Internet, we are inviting these low lifes year, from July 1, 1999 to June 30, 2000, not limited to exposure to simple por- to prey upon our children in every with 78,722 public schools listed on nography. As we have seen through an classroom and library in America. funded applications. That is approxi- increasing flurry of shocking media re- If this isn’t enough, the Internet has mately 82 percent of all public schools. ports, the Internet has become the tool now become the tool of choice for dis- Simply put, the e-rate program helped of choice for pedophiles who utilize the seminating information and propa- connect one million classrooms to the Internet to lure and seduce children ganda promoting racism, anti-Semi- Internet. Private school participation into illegal and abusive sexual activ- tism, extremism, and how-to manuals in the program has resulted in more ity. Pedophiles are using this tech- on everything from drugs to bombs. than 80,000 additional American class- nology to trade in child pornography, Rapid Internet growth has provided rooms wired to the Internet. Statistics and to lure and seduce our children. In an opportunity for those promoting on libraries participating in the pro- many cases, such activity is the prod- hate to reach a much wider and broad- gram mirror these dramatic numbers. uct of individuals, taking advantage of er audience. Children are uniquely sus- I lay out these statistics because the anonymity provided by the Inter- ceptible to these messages of hate, and they represent both the tremendous net to stalk children through chat- make no mistake about it, they are the promise and the exponential danger rooms, and by e-mail. However, an in- targets of these messages. Through that wiring America’s children to the creasingly disturbing trend is that of Internet access, our schools and librar- Internet poses. Certainly, the Internet highly organized, and technologically ies, places where we intend our chil- represents previously unimaginable sophisticated groups of pedophiles who dren to develop their social skills, tol- education and information opportuni- utilize advanced technology to trade in erance, where they should be learning ties for our Nation’s school children. child pornography, and to sexually ex- to appreciate the wonder and beauty of However, there are also some very real ploit and abuse children. diversity, instead they can be exposed risks. Pornography, including obscene In 1996, the country was shocked by a to extremely hateful and dangerous in- material, child pornography, and inde- tragic story of the sexual exploitation formation, and material they may oth- cent material is widely available on of a young child in California. The San erwise go through their entire lives

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12407 without being exposed to. According to Due to the sheer size of the Internet, the library is not available to the general the New York Times: ‘‘They (hate and the place at which it changes, public. Additionally, an open forum by gov- groups) peddle hatred to children, with some have argued that it is impossible ernment designation becomes, ‘open’ because brightly colored Web pages featuring a to keep blocking lists current and com- it allows the general public into its facility prehensive. Others have argued fil- for First Amendment activities. Like in the coloring book of white supremacist National Endowment for the Arts v. Finley, symbols and a crossword puzzle full of tering systems are too arbitrary, that decision, the government purchase of books racist clues.’’ filtering by keyword may result in (like buying art) does not create a public Media propaganda has always been blocking both harmful sites, as well as forum. useful sites. There was a time when used as a means for spreading the toxic Mr. President, currently, roughly 30 there was some legitimacy to these message of hate. Magazines, pamphlets, percent of U.S. households are wired to movies, music and other means have claims. However, that time has passed. According to Peter Nickerson, CEO the Internet, with some smaller num- been their traditional tools for those ber of those households wired with seeking to feed the darker side of our of Net Nanny Software: A general perception exists that Internet children in the home. With full imple- human nature. However, the Internet mentation of the E-rate program, there has changed the rules and the nature of filtering is seriously flawed and in many sit- uations unusable. It is also perceived that will be an explosion of children going this sinister game. With the growth of schools and libraries don’t want filtering. on-line. This is an unprecedented egali- the World Wide Web, these evil groups These notions are naive and based largely on tarian opportunity for access to edu- are able to deliver a multimedia hate problems associated with earlier versions of cational and informational resources message through every computer, and client-based software that are admittedly by America’s children. Equally, this re- into the minds of every child, in every crude and ineffective. Though some poor fil- tering products still exist, filtering has gone ality represents an unprecedented risk classroom, and library in America. Im- to the safety and innocence of our na- ages of burning crosses, Neo-Nazi prop- through an extensive evolution and is not only good at protecting children but also tion’s most precious resources, the aganda, every imaginable message of well-received and in high demand. sanctity of childhood. division and hatred are just one click When a school or library accepts fed- The first line of defense is parents. away from our children. The Seattle eral dollars through the Universal Parents must be involved in their chil- Post-Intelligencer reported in an arti- Service fund, they become a partner dren’s lives. They must make it a point cle entitled ‘‘Nazism on the Internet’’: with the federal government in pur- to know what their kids are doing on- Many sites operated by neo-nazis, skin- suing the compelling interest of pro- line, the games they are playing, the head, Ku Klux Klan members and followers tecting children. The Supreme Court web sites and chat rooms they are vis- of radical religious sects are growing more sophisticated, offering inviting Web environ- has made it clear that schools have the iting, whom they are talking to. ments that are designed to be attractive to authority to remove inappropriate But parents need help. Currently, for children and young adults. books from school libraries. The Inter- most children, their Internet activities The software filtering industry esti- net is simply another method for mak- will occur outside the home. Parents, mates that about 180 new hate or dis- ing information available in a school taxpayers, deserve to have a realistic crimination pages, 2,500 to 7,500 adult or library. It is no more than a techno- faith that, when they entrust their sites, 400 sites dedicated to violence, logical extension of the book stack. As children to our nation’s schools and li- 1,250 dedicated to weapons, and 50 are such, the same principles affirmed by braries, that this trust will not be- murder-suicide sites are added to the the Court apply to restricting chil- trayed. Web every week. dren’s access to material, over the Mr. President, Dr. Carl Jung, in 1913, Manuals on bomb-making, weapons Internet, in a school. spoke of the importance of childhood At its core, this amendment to a purchases, drug making and pur- in shaping values, and the implications spending bill, amending 254(h) of the chasing, are widespread on the Inter- for future generations. Jung said: ‘‘The Communications Act of 1934 to require, net. Simple word searches using ‘‘mari- little world of childhood with its famil- as a contingency for receipt of a fed- juana,’’ enables kids to access Web iar surroundings is a model of the eral subsidy, certain measures to re- sites instructing them on how to cul- greater world. The more intensively strict children’s access to child pornog- the family has stamped its character tivate, buy, and consume drugs. During raphy, obscene material, and other the Commerce Committee hearing on upon the child, the more it will tend to harmful material via school and li- feel and see its earlier miniature world my bill, the Children’s Internet Protec- brary computers, and that all users be tion Act, a representative of the BATF again in the bigger world of adult- restricted from accessing child pornog- hood.’’ stated: ‘‘The Bureau of Alcohol, To- raphy. Local officials are granted the As I look upon the landscape of bacco and Firearms recently ran a sim- authority to determine what tech- America today, of our children, grow- ple Internet query of pipe bomb, using nology is used to achieve this end, and ing up in a culture of darkness, of a several commonly used search engines. policies for determining how such tech- This query produced nearly three mil- nology is used. There is ample prece- mass media that floods their innocent lion ‘‘hits’’ of Web sites containing in- dent for conditioning receipt of federal minds with images of gratuitous sex formation on pipe bombs.’’ Literature assistance. and senseless violence, as I con- such as the ‘‘Terrorist’s Handbook’’ is Libraries place many restrictions on template the likes of predators who easily available on-line, and provides what patrons may do while on the stalk our children through this new readers with instruction on everything premises. The simplest example of this technology, of pornographers and hate from how to build guns and bombs, to are the strict rules implemented by li- mongers who seek to invade the sanc- lists of suppliers for the chemicals, and braries to maintain a quiet atmosphere tity of the innocence of childhood to other ingredients necessary to con- for reading and study. Patrons are not stamp their dark values on our chil- struct such devices. Web sites such as permitted to give speeches, make pub- dren, I wonder what the future world of (www.overthrow.comldrugznbombz.- lic statements, sing, speak loudly, etc. adulthood will look like if we do not html) offers the ‘‘School Stopper’s Further, it is the exclusive authority act swiftly and decisively to build an Textbook,’’ touted as ‘‘A Guide to Dis- of the library to make affirmative deci- inviolable wall around our precious ruptive Revolutionary Tactics for sions regarding what books, magazines, children. High-Schoolers.’’ or other material is placed on library This bill was passed last year by There are now approximately ninety shelves, or otherwise made available to voice vote. I hope we can dispense with different blocking, or filtering software patrons. According to Jay Sekulow, of it, and I also hope Members of this solutions that parents and educators the American Center for Law and Jus- body understand that what is hap- may choose from to address just about tice: pening in schools and libraries all over every different value or need relating Libraries impose many restrictions on the America, in many cases, is an unac- to child safety on the Internet. use of their systems which demonstrate that ceptable situation.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12408 CONGRESSIONAL RECORD—SENATE June 27, 2000 We are not trying to impose any DODD, Mr. BINGAMAN, and Mr. REED of Rhode question was settled. When asked, standards from the Federal Govern- Island, proposes an amendment numbered ‘‘Should we reduce funding to the ment or from this body. We are asking 3631. SSBG?’’ the overwhelming response the schools and libraries to impose Mr. WELLSTONE. Mr. President, I was, no, absolutely not. At that time, standards according to community ask unanimous consent that reading of fifty-seven Senators said that the serv- standards, according to what the local the amendment be dispensed with. ices their states provide using SSBG library board and school board thinks The PRESIDING OFFICER. Without funds—services like Meals on Wheels, is appropriate, just as those decisions objection, it is so ordered. congregate dining, assisted living for are made about printed material in The amendment is as follows: the elderly and the disabled, foster care At the end of title III, insert the following: schools and libraries. I think this is an services, and child care services, to SEC. . PART A OF TITLE I. important issue. The testimony before Notwithstanding any other provision of name only a few—are important to the the Commerce Committee was alarm- this Act, the total amount appropriated people in their communities and that ing and very disturbing. under this Act to carry out part A of title I they did not want to see these funds Obviously, we do not intend to invade of the Elementary and Secondary Education cut. the sanctity of the home nor tell par- Act of 1965 shall be $10,000,000,000. I ask you, why then did the SSBG ents what they should and should not Mr. SPECTER. Mr. President, may I face such enormous cuts again this do regarding their children. But I be- inquire of the Senator about what the year? This program is simply too im- lieve when taxpayer dollars are in- amendment relates? portant, and it is critical that we set a volved, the Federal Government then Mr. WELLSTONE. Mr. President, new standard by which the SSBG is al- has a role to play. this amendment increases the appro- ways funded first, not last, never as an As a proud conservative, I hope we priations of title I, part A, to $10 bil- afterthought, never as the result of in- will pass this legislation quickly, and lion. Actually, the Health, Education, tensive last-minute lobbying and nego- that it will be enacted into law. The Labor, and Pensions Committee unani- tiation, and by which the SSBG is al- sooner the better. mously voted to authorize this to the ways funded to the full statutory I yield the floor. $15 billion level. I think right now we amount. The PRESIDING OFFICER. The Sen- are at $8.36 billion. This is an amend- As many of my colleagues already ator from Pennsylvania is recognized. ment to get us at least part way there. know, the SSBG is a flexible funding Mr. SPECTER. Mr. President, I I come to the floor today to speak on stream that states use to pay for a renew my request for our colleagues the agreement that has been reached wide variety of services and programs who have amendments to offer them. I regarding some of the spending cuts in for many of their most vulnerable citi- was informed about an hour ago that the Labor-HHS Appropriations bill. It zens. The states have a tremendous one of our colleagues was on his way to is my understanding that Senator STE- amount of leeway in how they use their offer an amendment. We are very anx- VENS has agreed to drop certain provi- SSBG funds, and this is one funding ious to have Senators come to the sions of this bill in conference; in par- stream they are able to use to try to floor. ticular, I understand that the 1.9 bil- develop innovative and creative pro- In the absence of any Senator who lion dollar S-CHIP cut, the 240 million grams to help the poor and needy. seeks recognition, I suggest the ab- dollar TANF cut, the 50 million dollar SSBG funds can be spent to serve peo- sence of a quorum. welfare-to-work performance bonus, ple with incomes up to 200 percent of The PRESIDING OFFICER. The and the 1.1 billion dollar cut to the So- the federal poverty level, and the clerk will call the roll. cial Service Block Grant (SSBG) will money need only be used to help people The assistant legislative clerk pro- all now be restored in conference. achieve and maintain economic self- ceeded to call the roll. I would like to thank my colleagues, support and self-sufficiency, and to pre- Mr. WELLSTONE. Mr. President, I particularly Senator STEVENS, Senator vent, reduce, or eliminate dependency. ask unanimous consent that the order ROTH, and Senator GRAHAM, for ensur- SSBG funds may be used for services for the quorum call be rescinded. ing that the funding for these critical that prevent or remedy neglect and The PRESIDING OFFICER. Without programs is restored. However, I also abuse, and to prevent or reduce unnec- objection, it is so ordered. feel that it is important to stand up essary institutional care by providing Mr. WELLSTONE. Mr. President, I today and remind all of my colleagues community-based or home-based non- ask the Senator from Pennsylvania and that it never should have come to institutional care. States use this the Senator from Iowa whether or not this—none of these programs should money to care for people who would I should lay down my amendment, and have ever seen their funding streams otherwise slip through the cracks; then set it aside when other Members reduced in the first place. In par- these funds are critical for the well- come out. I am pleased to come into ticular, the proposed 1.1 billion dollar being of the most vulnerable people play here, if that would help. cut to the SSBG, a cut that would have among us—the very old and the very Mr. SPECTER. Mr. President, if the reduced the block grant to just 600,000 young, the poor, and the disabled. Senator will yield, we would be de- dollars, should never have made it into These are people who most need our lighted. this bill. help, and we should not be slashing the Mr. WELLSTONE. I thank my col- I have to say how disappointed I was very money that is most likely to serve league for that response. to learn that the FY 2001 Labor-HHS them. I ask unanimous consent that the Appropriations bill contained such Title XX (20) of the Social Security pending amendment be laid aside. enormous funding cuts to the Social Act specifies that 1.7 billion dollars is The PRESIDING OFFICER. Without Services Block Grant, cuts of more to be provided to the States through objection, it is so ordered. than 1 billion dollars. And while I find the SSBG for FY 2001. However, in AMENDMENT NO. 3631 it deeply disturbing that such cuts spite of its status as a mandatory pro- (Purpose: To increase funding for part A of would be proposed under any cir- gram, the SSBG has been raided re- title I of the Elementary and Secondary cumstances, I find it even more deeply peatedly over the years to fund other Education Act of 1965) disturbing that these cuts were pro- priorities. Beginning in 1996, as part of Mr. WELLSTONE. Mr. President, I posed as part of the FY 2001 Labor-HHS the welfare ‘‘reform’’ law, the SSBG send an amendment to the desk. Appropriations since we had this exact was cut by 15 percent, from 2.8 billion The PRESIDING OFFICER. The debate last year. In the FY 2000 Labor- dollars to 2.38 billion dollars, for fiscal clerk will report. HHS Appropriations, the SSBG faced years 1997 through 2002, after which The assistant legislative clerk read cuts of just over 1 billion dollars. At point its funding was supposed to go as follows: that time, Senator GRAHAM of Florida back to 2.8 billion dollars. The states The Senator from Minnesota (Mr. and I offered an amendment to restore reluctantly accepted these cuts, and WELLSTONE), for himself, Mr. KENNEDY, Mr. SSBG funding, and in my mind, the only after they obtained a commitment

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12409 from Congress that we would provide child abuse and neglect services, day programs are going to have to reduce stable funding for the block grant in care, education and training services, or eliminate services that they provide. the future. employment services, family planning And when a single mom who’s just got- As it turns out, the lifespan on that services, foster care services, home de- ten off welfare and is trying to make particular Congressional commitment livered meals, housing services, inde- ends meet while she starts working at was only two years, because by 1998, we pendent and transitional living serv- her new job, when she loses the sub- were back to raid the SSBG again when ices, legal services, pregnancy and par- sidized day care that she counts on, the highway bill cut funding for the enting services, residential treatment what do you think is going to happen? block grant further, to 1.7 billion dol- services, services for at-risk youth and Which do you think is more likely— lars for fiscal year 2001 and each year families, special services for the dis- that she’ll be able to afford to pay for after that. And now here we are again, abled, and transportation services are day care herself, or that she’ll be with our hand in the cookie jar, trying important. All of these programs are forced to go back onto welfare? to raid the SSBG one more time. The funded, in part at least, through the Many Minnesota counties use SSBG FY 2001 Senate Labor-HHS Appropria- SSBG. money for home care services for the tions bill that came out of committee Each year, SSBG funds are used by elderly. These counties use SSBG funds proposed slashing funding for this the states to provide critical support to pay for a care giver to go into a vul- block grant yet again, this time to services to millions of vulnerable peo- nerable elderly person’s home and help only 600 million dollars, a cut of more ple. In 1998, for example, according to than one billion dollars. If this pro- them with basic ‘‘home chore’’ services the Center on Budget and Policy Prior- like taking their medicine on time and posed cut were enacted, funding for the ities, roughly 10 percent of SSBG funds SSBG will be almost 80 percent lower in the right doses, keeping their home were spent on programs that provided clean and safe, taking a bath, or mak- in 2001 than it was in 1995. Mr. Presi- child care for low- and moderate-in- dent, I feel certain that by no stretch ing sure there is food in the refrig- come families, while another 18 percent erator. These are simple, basic serv- of anyone’s imagination does an 80 per- of SSBG funds were spent on services cent cut qualify as the stable funding ices, but they often mean the dif- to protect children from abuse and to ference between allowing someone to we promised the states in 1996. provide foster care to children. And what kind of a message do we stay in their own home or being forced Other SSBG funds were used to pro- into an institution. If SSBG funds are send to the States when we talk about vide services to low- and moderate-in- cutting block grant funds? Congress cut, vulnerable elderly are likely to come elderly, truly some of our most lose home care services like a visiting sold welfare reform to the states on the vulnerable community members. Serv- promise that they would have the flexi- nurse or case management person, ices provided to this population which might then force them into a bility to administer their own social through the SSBG include home-based service programs. But as the National nursing home or an assisted living situ- care and assisted living services in- Conference of State Legislatures point ation that would, in the end, cost much tended to help many elderly people out, ‘‘these cuts [to the SSBG] would more money than will be saved by re- stay out of institutions, so that they set the precedent that the federal gov- ducing the SSBG. can continue to live with dignity in ernment is reticent to stand by its de- When speaking with people in Min- their own homes, where they feel safe cision to grant flexibility to states in nesota about how they use their SSBG and comfortable. In many cases, the administering social programs.’’ Cou- funds, I learned that SSBG money is costs the federal government would ple this with the nearly 2 billion dol- also sometimes used, especially in incur if SSBG funded services were lars the Labor-HHS Appropriations bill rural areas, to fund transportation for withdrawn and these individuals forced proposed cutting from S-CHIP, another elderly and disabled, so they can access into nursing homes instead would far block grant critical to the states’ abil- services like doctors, getting groceries, exceed the savings generated by slash- ity to provide services for vulnerable and just simply so they’re not so iso- ing this important block grant. In citizens, and I think the states could lated in their home (a ride to the sen- some states, SSBG funds are also used take only one message away from this ior center, perhaps). There’s no other to pay for protective services to pre- bill as it came to the Senate floor: funding source that will pay for this. vent abuse, neglect, and exploitation of Don’t make long-term investments in For disabled people who are just over vulnerable seniors. No other program these social service programs, because eligibility guidelines for medical as- provides significant funding for those you simply can’t count on the federal sistance, SSBG money is used to help government to keep up their end of the services. Additionally, the SSBG helps to fund meet their needs—managing medica- bargain. tion, transportation, and community SSBG funds are used by the states to support services for nearly half a mil- lion people with mental retardation based services like training and coun- provide services for needy individuals seling. Basically, the way it’s been ex- and families not eligible for TANF, and and other physical and mental disabil- ities. The services provided with SSBG plained to me, Minnesota counties to reduce federal Medicaid payments typically rely on SSBG money to pay by helping vulnerable elderly and dis- funds include transportation assist- ance, adult day care programs, early for services for people who otherwise abled live in their homes rather than in fall through the cracks. They count on institutions. States also use SSBG intervention, crisis intervention, res- pite care, and employment and inde- this money to provide simple, basic funds for child care services and other services that keep the most vulnerable supports for families moving from wel- pendent living services. Again, these are services that help keep vulnerable among us in their homes and out of fare to work. When Congress proposed much more costly institutions. slashing these funds, we sent a clear, people in their own homes and out of When I asked people in Minnesota to and I believe extremely damaging, costly institutionalized settings, allow- message to the states. I think we told ing them to live their lives with dig- explain to me exactly what kinds of them not to invest in these kinds of so- nity and respect. services they provide with SSBG funds, cial support programs, because they In my own state of Minnesota, SSBG I was amazed by what I heard. Rex just can’t count on the money being funds are used to provide an enormous Holzemer, who works for Hennepin there. range of important services. For exam- County, which is the county where But let’s just say for a minute that ple, some counties use SSBG to aug- Minneapolis is located, gave me several we were to go back on our word and ment child care for low-income single short case examples from the county’s break our commitment to the states— women and families. Yet even with social services areas that are supported so what? What exactly does SSBG these additional funds, there are cur- by SSBG funds. He told me about: fund? Anything important? rently huge waiting lists for subsidized An 84-year-old widow who was ne- Only if you think adoption services, day care in most counties. If we further glected and financially exploited by congregate meals, counseling services, cut SSBG funds, these county level tenants in her duplex who had isolated

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12410 CONGRESSIONAL RECORD—SENATE June 27, 2000 her socially and taken over her finan- services to people who desperately dressed for school. The family does not cial affairs, including cashing her So- needed help. And in each of these cases, have a car or other personal means of cial Security checks. When a social because the county was able to provide transportation. Through programs par- worker intervened, he found this assistance, vulnerable individuals were tially funded with SSBG money, the woman emaciated and unaware of her able to stay out of institutions, with County is able to provide support to circumstances. The woman was hos- their families, in safe, comfortable set- the mother to resolve her chemical de- pitalized and subsequently transferred tings. But if the Labor-HHS bill is en- pendency problems and domestic abuse. to a care setting. Adult Protection ar- acted with the proposed SSBG cuts, Services ensure that the seven-year-old ranged for a conservatorship, and as Hennepin County will have to reduce is attending school on a regular basis part of a court-supervised settlement, exactly these kinds of services. And it and the boy is beginning to make aca- the perpetrators agreed to pay back isn’t just urban counties that rely on demic progress. the bulk of the money. SSBG funds, but many of our rural There are over 2,000 young children Rex also told me about an 8-year old Minnesota counties also use SSBG in Ramsey County currently in this girl with autism, behavior problems funds to provide critically important situation. Ramsey County and local and a sleep disorder, who was provided services. school districts have been able to de- temporary crisis transitional care Sue Beck, the Director of Human velop a very active program to address while her parents worked to modify her Services in Crow Wing County, Min- these educational neglect issues and in- physical environment at home. The cri- nesota, a rural Minnesota county, also sure that children attend school on a sis service provided special training on told me how her county uses its SSBG consistent basis. They will be forced to appropriate behavioral interventions funds. Sue explained that her county scale back this effort, though, if SSBG for the parents and other caregivers, counts on SSBG funds to make sure funds are cut by more than a billion which produced positive behavioral that vulnerable populations, the elder- dollars. outcomes for the child, thereby avoid- ly, the disabled, children, and poor peo- Another example that Dave gave me ing inpatient hospitalization and/or ple, have the services they need to live is that of a 30-year-old woman that is out-of-home placement. economically secure, self-sufficient living in her own apartment in her Then there is the case of a 48-year- lives. The vulnerable adults they help home community. Thirty years ago, a old woman with schizophrenia who with SSBG money tend to be elderly similar individual with moderate men- called looking for help finding a living people, seniors or disabled people, who tal health needs would have been situation that would offer her some get home care services—someone to placed in a state hospital miles from needed supervision. She was referred to come in to help them clean their home their family home. Over the last three several community transitional pro- and maintain a safe environment, decades, needed supports have been de- grams, but was unable to follow bathe, have food to eat, to see that veloped, including programs to mon- through due to her illness. The intake they take the right amount of medi- itor and assist individuals in managing worker connected her with an outreach cine when they’re supposed to. Often- their medications, checking on their case manager who helped this woman times these people aren’t eligible for money management and assisting when stabilize her life. She was referred to a medical assistance, so there’s not an- necessary with proper budgeting, psychiatrist, found crisis housing, and other source of funding available to teaching needed independent living ultimately moved into her own apart- them when they’re living in the com- skills, and employment support to ment with only periodic supportive munity. maintain their current job. Without services. What will happen if SSBG funds are periodic weekly checks, the individual Or how about the case of a child born cut is that they will wind up having to would have great difficulty managing addicted to cocaine, who Child Protec- go into a nursing home in order to their daily life, and might be forced tive Services had to place into foster qualify for funds to pay for their care. into an institutionalized living situa- care? The child’s mother has never Over the past several years, due to tion. been able to pass drug testing as re- SSBG cuts that have already been im- The system that has developed over quired by the court-ordered child pro- posed, her county has had to cut back the last three decades has not only im- tection plan. The child’s 25-year-old fa- services in transportation and ‘‘chore proved the lives of hundreds of people ther, who has mild functional impair- services’’—for disabled and elderly peo- in Ramsey County, it has also enabled ments, worked intensively with the De- ple who need just a little bit of help— the state and federal government to velopmental Disabilities Parent Sup- things like help shoveling snow or gro- save hundreds of thousands of dollars port Project for eight months to learn cery shopping. They use SSBG money on more expensive institutional care. appropriate parenting skills. Due to currently to augment their employ- Because of recent budget cuts to the the progress the father made, the child ability budget—to provide supported SSBG, Ramsey County has already re- was transferred at age one from foster employment, and community based duced a wide range of services: home- care into the father’s home. employment for people who otherwise maker services; chemical dependency And what about the two-parent fam- might not be able to compete success- and mental health counseling services; ily with four children that was over- fully in the job market. All of this is at budget counseling and money manage- whelmed by the needs of their 15-year risk when we talk about cutting SSBG ment for adults with chemical depend- old son who was violent and out-of-con- by more than 65 percent. ency or mental health issues; chemical trol? The mother had been assaulted Dave Haley, from the Ramsey County dependency education and prevention several times by the son, and had fi- Department of Human Services, the services; parenting support programs nally asked that the child be placed county where St. Paul is located, also for families in the child protection sys- out of the home. The county was able told me about how his county spends tem; parenting support programs for to provide intensive in-home therapy their SSBG money: teenage mothers; targeted efforts in with the entire family. The son also re- The first example Dave gave me was neighborhoods with high rates for child ceived individual therapy and partici- that of a typical family of a single- abuse and neglect; monthly grants to pated in after-school programming. mother who has three young children. help families with a developmentally The parents were provided with train- The oldest child, a 7-year-old boy, has disabled child continue to provide in- ing on appropriate behavioral interven- missed a significant number of school home care for that child; and semi- tions through the in-home counseling days. The mother is experiencing prob- independent living programs for elder- and were ultimately able to manage lems with chemical dependency and in- ly and disabled individuals to live in their son within the home, averting the volved in a violent relationship with their homes and not have to move into need for out-of-home placement. her boyfriend. The mother cannot residential treatment facilities. These In each of these cases, Hennepin make sure that the child gets up every are programs that have already been County drew on SSBG funds to provide day on time, and is promptly fed and cut. If SSBG funding is cut further,

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12411 Ramsey County will be forced to addi- ture comes into session next year and hope that other, equally important tionally reduce funding for Meals on passes new legislation. programs don’t fall victim to these Wheels, transportation services for sen- So some of my colleagues may be funding reduction in their stead in con- iors, outpatient mental health services, saying to themselves, well that’s unfor- ference. It is crucial that we maintain sexual abuse services, employment and tunate for Minnesota, but in my home our end of the deal we struck with the training programs, and social adjust- state we’ll be able to supplement the states, and with the people who live in ment programs for Hmong and Lao im- cuts with other money—maybe the those states, and protect these pro- migrants. If the proposed SSBG funds money we got from the tobacco settle- grams. Again, I thank Senator STE- cuts are not restored, all of these pro- ment, or perhaps we will just transfer VENS, Senator ROTH, and Senator grams, and all of the people they serve, money from our TANF surplus. First, GRAHAM for their efforts to protect will suffer. let’s talk about the tobacco settle- these programs, and hope that we see a So you tell me, which of these pro- ments: in some states, anti-smoking final Appropriations bill that fully grams deserves to go, because some- and other health needs will receive funds all of these critical programs thing is going to have to if this provi- first priority for use of the settlement that serve our most vulnerable citi- sion passes. Who do you think we funds, not unanticipated reductions in zens. should turn away? Maybe low-income SSBG funds. Also, some states have al- I thank Senators HARKIN and SPEC- families with children? Or perhaps the ready enacted legislation committing TER, and also Senator STEVENS and elderly or disabled? You tell me, who the tobacco funds for other purposes. Senator GRAHAM of Florida, for their should be the one who goes to bed hun- Okay, well, then if not the tobacco work. gry, or sick and alone, or just plain settlement funds, then maybe the My understanding is we will be able afraid that they won’t make it through TANF surplus funds, since states will to get this resolved; that we will be tomorrow? be able to transfer up to 4.25 percent of able in the conference committee to I have to explain that this program is their surplus to SSBG. Except, accord- work hard to restore the funding for particularly important to my own ing to an analysis done by the Center the social services block grant pro- state of Minnesota, where the proposed on Budget and Policy Priorities, there gram. cut to the SSBG will have an imme- are 37 states that wouldn’t be able to I ask my colleague from Iowa; is that diate and deeply felt effect. Minnesota offset the funding cuts proposed in the correct? communities are supposed to receive 30 Labor-HHS Appropriations bill by Mr. HARKIN. Yes. I think all of us million dollars in FY 2001 under the transferring TANF funds. More impor- are committed on this side. I don’t current law; if the allocation is cut to tantly, though, we send the wrong mes- speak for the Senator from Pennsyl- 600 million dollars as proposed, Min- sage to the states when we tell them to vania. But in my conversations with nesota will lose more than 19 million rob Peter to pay Paul. States should him, I understand that he is committed dollars in funding, nearly two-thirds of not have to steal funds from one social to replacing the social services block its grant, receiving only 10.4 million services funding stream, in this case grant. Clearly, we cannot live with dollars in FY 2001. Most states would TANF, to replace funds rescinded from those. We are going to restore those in feel similar cuts if SSBG funding were another social services funding stream, conference. to be cut from 1.7 billion dollars to just the SSBG. It was simply a matter of trying to 600 million dollars. In this era of prosperity, of enormous get our bill together to meet the budg- Minnesota is unique among all the budget surpluses and huge government et requirements because SSBGs were states, though, because, by law, SSBG windfall, of tax breaks and increased not fully funded. I can assure the Sen- funds by-pass the governor and flow di- defense spending, it simply defies logic ator from Minnesota that they will be rectly to the local level. The state can- to further reduce SSBG funding. Now is funded fully in conference. not touch the money—they can neither the time for us to invest in meeting the Mr. WELLSTONE. I thank my col- add or subtract funds from the block needs of our most vulnerable citizens— league. I say to both Senators that grant. Minnesota law further requires the very young and the very old, the there are two issues here that are im- local levels programs to run balanced disabled, and the poor. It would be a portant to me. I understand the pres- books, which means that they cannot terrible breach of faith with the states, sure under which both of my colleagues carry any budget surplus from one year but more importantly with the people have labored. I thank them for their to the next. So what that means is that who live in those states, if we continue support. if these cuts to the SSBG go through, to raid the Social Services Block We went through this debate last the state will not be able to help offset Grant. year, and we had a vote. I came out any of the lost funds with funds from And while I am pleased that my col- here with Senator GRAHAM on an other sources, the local level programs leagues have pledged to restore funding amendment to restore the funding. will have no budget surpluses to fall to this program, as well as several The notion that we would actually be back on, and these federal level cuts other critically important social serv- cutting the block grant program— will be reflected immediately at the ice programs, I would just say again which is Meals on Wheels, child care local level in program cuts. It would that it should never have come to this services, and help and assisted living, mean substantial reductions, or per- in the first place. These programs are help for people to stay at home, elderly haps even the elimination of local Min- too important to our most vulnerable people to stay at home, people with nesota programs like senior congregate citizens, and we have a responsibility disabilities to stay at home—to me is dining, meals-on-wheels, and a host of to see to it that they are funded first, so shortsighted. other local community based pro- not last. It should simply be a matter There is very moving testimony from grams. It would also mean cuts in of course that these programs are al- a lot of people in Minnesota in the health and substance abuse programs, ways fully funded, and the fact it isn’t, human services area who talk with as Minnesota is one of only seven that we still have to come out here great passion about what these cuts states in the country that relies more year after year to fight the same fight would mean—especially in a State such heavily on its Title XX grant than its to protect these programs, is ridicu- as Minnesota where we automatically SAMSA grant to fund mental health lous. In this era of budget surpluses pass this money directly to the county services. Furthermore, because the law and tax cuts, the fact that programs to level. We wouldn’t be able to make up governing the flow of SSBG funds in aid the elderly, the disabled, the for it. The consequences of these pro- Minnesota would actually have to be young, and the poor as somehow con- posed cuts in the block grant program rewritten to offset the federal funding tinue to remain vulnerable to spending would be just unbelievable. To cut the cuts, the state would not be able to cuts ridiculous. I am pleased that we social services block grant program by make up the funding shortfall to the now have the budget chairman’s prom- over $1 billion would have a very harsh counties until the Minnesota legisla- ise to restore these cuts, although I impact.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12412 CONGRESSIONAL RECORD—SENATE June 27, 2000 I have complete confidence that this Mr. SPECTER. Mr. President, the ‘‘(A) has— funding will be restored in conference purpose of the inquiry was not to ask ‘‘(i) selected a system for its computers committee. This is all about the heart the Senator from Minnesota to abbre- with Internet access that are dedicated to and soul of the Senate. viate his comments in any way. But it student use in order to filter or block Inter- I do not believe with a flush econ- net access to matter considered to be inap- would help us, in the orderly manage- propriate for minors; and omy, and yet another revised estimate ment of the bill, if we could have an- ‘‘(ii) installed on such computers, or upon of the amount of money we are going other amendment introduced now so obtaining such computers will install on to have for surplus, that we would be we can get the process rolling, and such computers, a system to filter or block cutting these kinds of programs that then, if it is acceptable to the Senator Internet access to such matter; or are so important to vulnerable citizens from Minnesota, I would ask him to ‘‘(B)(i) has adopted and implemented an around the country. In particular, I yield for 5 minutes with the right to re- Internet use policy that addresses— speak for people in Minnesota. sume his presentation at the end of ‘‘(I) access by minors to inappropriate mat- The health committee voted unani- ter on the Internet and World Wide Web; that time. ‘‘(II) the safety and security of minors mously to increase the authorization of Mr. WELLSTONE. Mr. President, I title I to $15 billion. Right now, this when using electronic mail, chat rooms, and thank the Senator from Pennsylvania. other forms of direct electronic communica- bill we are considering provides for That will be fine with me. tions; $8.36 billion. That is a little more than The PRESIDING OFFICER. Without ‘‘(III) unauthorized access, including so- 50 percent of what we called for in the objection, it is so ordered. called ‘hacking’, and other unlawful activi- authorizing committee. Mr. SPECTER. Mr. President, I ask ties by minors online; The interesting thing is this was a unanimous consent the pending busi- ‘‘(IV) unauthorized disclosure, use, and dis- semination of personal identification infor- unanimous vote in the health com- ness be set aside so the Senator from mittee. This is about a $400 million in- mation regarding minors; and Pennsylvania may offer an amend- ‘‘(V) whether the school or library, as the crease from last year. That is what we ment. have here in the appropriations bill on case may be, is employing hardware, soft- The PRESIDING OFFICER. Without ware, or other technological means to limit, the floor. The House gave almost no in- objection, it is so ordered. monitor, or otherwise control or guide Inter- crease to this valuable program. This AMENDMENT NO. 3635 net access by minors; and amendment says: Look; let’s at least ‘‘(ii) provided reasonable public notice and (Purpose: Relating to universal tele- bump this up to $10 billion. held at least one public hearing or meeting communications service for schools and li- I point out at the very beginning that which addressed the proposed Internet use braries) the title I program is one of the most policy. important education programs that we Mr. SANTORUM. Mr. President, I ‘‘(3) LOCAL DETERMINATION OF CONTENT.— support at the Federal level; and the send an amendment to the desk. For purposes of a certification under para- title I program allocates money back The PRESIDING OFFICER. The graph (2), the determination regarding what to our communities to help those stu- clerk will report. matter is inappropriate for minors shall be The legislative clerk read as follows: made by the school board, library, or other dents who are especially disadvan- authority responsible for making the deter- The Senator from Pennsylvania [Mr. taged. The title I program is a very mination. No agency or instrumentality of SANTORUM] proposes an amendment num- targeted program. It goes to the lowest the United States Government may— bered 3635. income school districts—be they urban, ‘‘(A) establish criteria for making such de- rural, or inner suburban. The title I Mr. SANTORUM. Mr. President, I termination; program allocates money back to our ask unanimous consent that reading of ‘‘(B) review the determination made by the local communities and our local school the amendment be dispensed with. certifying school, school board, library, or districts to provide assistance for chil- The PRESIDING OFFICER. Without other authority; or ‘‘(C) consider the criteria employed by the dren, whether it be more assistance for objection, it is so ordered. The amendment is as follows: certifying school, school board, library, or reading, whether it be more help vis-a- other authority in the administration of sub- vis prekindergarten, or whether it be On page 92, between lines 4 and 5, insert section (h)(1)(B). afterschool programs. the following: ‘‘(4) EFFECTIVE DATE.—This subsection I also want to point out to my col- TITLE VI—UNIVERSAL SERVICE FOR shall apply with respect to schools and li- leagues that the title I program is SCHOOLS AND LIBRARIES braries seeking universal service assistance funded at best at about one-third of the SEC. 601. SHORT TITLE. under subsection (h)(1)(B) on or after July 1, level, so we really haven’t even come This title may be cited as the ‘‘Neighbor- 2001.’’. close to backing up this mission and hood Children’s Internet Protection Act’’. (2) CONFORMING AMENDMENT.—Subsection (h)(1)(B) of that section is amended by strik- this commitment to children with the SEC. 602. NO UNIVERSAL SERVICE FOR SCHOOLS ing ‘‘All telecommunications’’ and inserting resources. I have great appreciation for OR LIBRARIES THAT FAIL TO IMPLE- MENT A FILTERING OR BLOCKING ‘‘Except as provided by subsection (l), all what my colleagues have done in this SYSTEM FOR COMPUTERS WITH telecommunications’’. appropriations bill, but for some reason INTERNET ACCESS OR ADOPT (b) STUDY.—Not later than 150 days after title I really stays very low. INTERNET USE POLICIES. the date of the enactment of this Act, the Again, our committee, the HELP (a) NO UNIVERSAL SERVICE.— National Telecommunications and Informa- committee, unanimously voted to au- (1) IN GENERAL.—Section 254 of the Commu- tion Administration shall initiate a notice thorize this up to $15 billion. nications Act of 1934 (47 U.S.C. 254) is amend- and comment proceeding for purposes of— Mr. SPECTER. Will the Senator from ed by adding at the end the following: (1) evaluating whether or not currently Minnesota yield for an inquiry? ‘‘(l) IMPLEMENTATION OF INTERNET FIL- available commercial Internet blocking, fil- TERING OR BLOCKING SYSTEM OR USE POLI- Mr. WELLSTONE. I am happy to. tering, and monitoring software adequately CIES.— Mr. SPECTER. We have another addresses the needs of educational institu- ‘‘(1) IN GENERAL.—No services may be pro- amendment that is ready to go. We will tions; vided under subsection (h)(1)(B) to any ele- (2) making recommendations on how to set Senator WELLSTONE’s aside, obvi- mentary or secondary school, or any library, foster the development of products which ously. unless it provides the certification required meet such needs; and How much longer does the Senator by paragraph (2) to the Commission or its (3) evaluating the development and effec- from Minnesota anticipate he wishes to designee. tiveness of local Internet use policies that speak? ‘‘(2) CERTIFICATION.—A certification under are currently in operation after community Mr. WELLSTONE. Mr. President, I this paragraph with respect to a school or li- input. brary is a certification by the school, school have just begun. In the spirit of cooper- SEC. 603. IMPLEMENTING REGULATIONS. ating with management, I am pleased board, or other authority with responsibility for administration of the school, or the li- Not later than 100 days after the date of to lay the amendment aside if the Sen- brary, or any other entity representing the the enactment of this Act, the Federal Com- ator wishes. But I will say to my col- school or library in applying for universal munications Commission shall adopt rules league, I probably need about half an service assistance, that the school or li- implementing this title and the amendments hour to make my case. brary— made by this title.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12413 Mr. SANTORUM. Mr. President, I The policy is then reviewed by the Mr. LEAHY. Mr. President, I thank thank both my colleagues, my col- FCC simply to determine whether the my good friend from Minnesota for his league from Pennsylvania and my col- school district, for example, has met customary courtesy. league from Minnesota, for allowing the criteria and actually has a policy Over the past decade, the Internet me just a few minutes, at least 5 min- in place to deal with the areas specified has grown, as we know, from relative utes, to explain the subject matter of in the legislation. If the community obscurity to what is today, both an es- this amendment. decides they do not want to go through sential commercial tool and increas- I heard the Senator from Arizona, public notice, they don’t want to have ingly an essential educational tool. Mr. MCCAIN, talking about Internet hearings, they don’t want to go With that expansion, we have had some protection. Let me say I commend his through this process of developing a remarkable gains. We have also seen work as chairman of the Commerce local plan, then Senator MCCAIN’s new dangers for our children. Congress Committee in pursuing this area be- amendment falls into line; they must has reacted. We struggle with legisla- cause it is an important area, to pro- buy filtering software. So we keep his tion that will protect the free flow of vide needed protections for children in amendment as sort of the hammer to information, as required by the first libraries and schools, to have a pro- encourage localities to do that. amendment, while at the same time we gram in place to deal with the issues of I think what Senator MCCAIN said shield our children from some of the in- pornography and violence and the was absolutely right. Most of these appropriate material that can be found other things that have opened up on communities are already buying soft- on the Internet. the Internet. ware. I have been through hundreds of The distinguished Senator from Ari- I have nothing but words of praise for schools and have talked about this zona, Mr. MCCAIN, spoke of his concern. the Senator from Arizona and for the issue. Most of them understand the I share his concern that much of the work he has initiated. In fact, the dangers out there and, in fact, have de- material available on the Internet may amendment I have just introduced uses veloped or are in the process of devel- not be appropriate for children. I com- his language pretty much as the base oping a program to deal with this prob- mend the Senator from Arizona for his of the amendment. But in looking at lem. What we want to do is provide good-faith effort to find a solution, but this issue, now, for the past several some guidance to them, some encour- I cannot support the proposal he has years—and I have young children; I am agement to them, and in the case of urged. This amendment, his proposal, very concerned about their access to Senator MCCAIN’s underlying amend- would require schools and libraries to the Internet—talking to people from ment, which again is part of our certify, install, and enforce an Internet both libraries and schools, and others amendment that I have just filed, it is filtering program under the supervision who are interested in the subject area, a hammer that says: If you don’t pro- of the Federal Communications Com- I believe the McCain amendment, while vide a comprehensive local approach, mission, and also under threat both of I think it goes so far, can in fact and then you have to buy the software. losing their e-rate discounts in the fu- should go further. To me, it is a philosophical argu- In this respect, as the Senator him- ture and the financial liability of reim- ment. It says: Should we have Wash- self mentioned, there are maybe 100 fil- bursing discounted funds they have al- tering software packages out there. ington come down and hammer you ready spent. In my view, as well intentioned as it Some are good, some are not so good; and say here is what you have to do, or some are state of the art, some are not. should we have a program that says: might be, the amendment would sub- His amendment does not require any- Here is the problem. Local parents and stantially harm and not help the chil- one to buy state-of-the-art filtering teachers and community, you go out dren of this Nation. I do not support it. We have to tread cautiously and software. It just says you have to buy and bring the community together and filtering software or blocking software. do the hard work of democracy, which carefully in this arena but also under- In fact, even the state of the art does is to work together to come up with a stand a lot of schools and libraries not include some of the things about solution to the problem. I am hopeful have found a pretty practical way of which I am very concerned. One of the we can do that. doing this. real concerns I have is chat rooms. I just say briefly, my amendment, For example, many schools and li- When you talk about pedophiles and the bill I have introduced which is S. braries put their screens in the main people who prey on people via the 1545, which is the text of this amend- reading room. One has to assume not Internet, they do it principally through ment, has been endorsed by the Amer- too many kids are going to go pulling these chat rooms. I am not aware of ican Association of School Administra- up inappropriate things on the web very much software that blocks chat tors, American Association of Edu- sites when their teachers, their par- rooms. cation Service Agencies, International ents, and everybody else are walking So you have a lot of things in addi- Society for Technology in Education, back and forth and looking over their tion to sites that maybe are porno- National Rural Education Association, shoulder saying: What are you looking graphic or violent, or other problems the American Library Association, the at? It is one thing if you are looking at you find on the Internet, that may be National Education Association, the NASA’s home page. It is another thing blocked with some of these software Consortium for School Networking, if you are looking at wicked dungeons packages. But it doesn’t get to the and the Catholic Conference. They all or something, if there is such a thing. scope of the dangers on the Internet. support my amendment. That is about Past legislative efforts to protect What I have suggested in my amend- as wide a cross-section as you can get. children by imposing content-based re- ment is that, in the alternative, we re- And I would add someone very local. strictions on the Internet have failed quire local communities, schools—any- On this issue, Dr. Laura Schlesinger to respect our first amendment prin- one who participates in the e-rate, the also supports our approach as the al- ciples and pass constitutional muster. same premise on which Senator ternative to the McCain amendment. In 1997, the Supreme Court unani- MCCAIN’s amendment is based—that The PRESIDING OFFICER. The Sen- mously struck down the Communica- they develop a policy that there be ator from Minnesota is recognized. tions Decency Act, which this body ap- local hearings and public notice, and Mr. WELLSTONE. Mr. President, my proved 84–16. there be a community effort put to- colleague from Vermont, Senator Just last week, the Third Circuit gether for the community to get in- LEAHY, asked for a few moments to Court of Appeals held that the Child volved and make the decision on a speak in regard to this issue before us. Online Protection Act is likely an un- community basis on how they are I ask unanimous consent the Senator constitutional, content-based restric- going to deal in a comprehensive way from Vermont be allowed to speak and tion on protected speech. with this. In fact, we list several things I then follow him. I opposed this legislation—in fact, I in the amendment that must be cov- The PRESIDING OFFICER. Without was the only vote against it when it ered by this local policy. objection, it is so ordered. was offered as an amendment to the

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12414 CONGRESSIONAL RECORD—SENATE June 27, 2000 Internet Tax Freedom Act, S. 442, and cluding discussion of the classic Lolita survey would be conducted at set inter- spoke against it when it was included be off limits, let alone the work itself, vals after enactment to determine in the Omnibus Appropriations meas- since some may view it as porno- whether ISPs are complying with this ure in October 1998. I predicted the graphic? The film version of this book requirement. The requirement that courts would rule as they have done. had a very difficult time finding a dis- ISPs provide blocking software would The McCain amendment to H.R. 4577 tributor due to the nature of the sub- become effective only if the majority is likely to go the way of its prede- ject matter. of residential ISP subscribers lack the cessors. First, the amendment would School boards and libraries faced necessary software within set time pe- require that schools and libraries ob- with the risk of losing their e-rate can riods. taining e-rate discounts for tele- be expected to implement highly re- This Internet filtering proposal communications services use blocking strictive programs. This broad ‘‘self- seems to be a sensible thing to do. As and filtering software that makes inac- censoring’’ imposed by the McCain I said, it passed 100–0. Unfortunately, cessible obscene material and child amendment on schools and libraries progress on this proposal has been pornography, even if local authorities will lead to a chilling of free speech to stalled as the majority in Congress has determine that other strategies are the detriment of our nation’s children refused to conclude the juvenile justice more appropriate for both students and and library patrons. conference. This is just one of the library patrons. As the National Asso- Another consequence will be to re- many legislative proposals contained ciation of Independent Schools noted in make the FCC into an updated version in the Hatch-Leahy juvenile justice commenting on this proposal last year: of the Meese Commission on pornog- bill, S. 254, designed to help and safe- * * * it is an individual school’s decision to raphy, but with far greater enforce- guard our children—which is why that determine how best to address this issue in a ment powers and coercive effect. bill passed the Senate by an over- way that is commensurate with its mission As part of the certification process whelming majority over a year ago. and philosophy—whether it be part of the mandated in the amendment, we can teaching and learning process, the inclusion I would like to see us go back to our of appropriate use policies or enforceable expect schools and libraries to submit filtering proposal. We have already language in parent/student enrollment con- their plans for Internet filtering to the voted on it. It is a workable solution. tracts, or even filters. It is certainly not the Commission for guidance on whether It would bring about what we want to role of the federal government to proscribe a the proposals are acceptable. In prac- do. course of action that interferes with what is tical terms, this would require the FCC I commend Senator MCCAIN for his decidedly a local matter. to make literally thousands of deter- leadership and dedication to the sub- Second, the amendment would invite minations as to what constitutes ‘‘ob- ject. I hope we will work together on the FCC to be the de facto national scene’’ or ‘‘child pornography’’ in order the issue. We share an appreciation of censor, collecting from schools and li- to provide comfort to schools and li- the Internet as an educational tool, we braries around the country so-called braries seeking guidance. The financial appreciate it as a venue for free speech, ‘‘certifications’’ that they are imple- risks are too great for schools and li- but we also are concerned about pro- menting blocking and filtering pro- braries to simply wait for the FCC to tecting our children from inappropriate grams on their computers with Inter- find their filtering and compliance plan material whether they are at home, at net access. The FCC would be respon- to be insufficient. This will, in the end, school, or in the library. sible for policing these schools and li- defeat the local decision-making to Ultimately, it is not going to be just braries to ensure that they are ful- which this amendment pays lip service. a question of passing a law to do this. filling the promises they make in the On the contrary, the amendment if I suggest parents do with their children certifications, and are in fact blocking enacted may lead to the Orwellian today what my parents did with my computer access to obscene material nightmare fully realized. The FCC, an brother, sister, and me when we were and child pornography. The FCC would unelected administrative agency, will growing up: Pay some attention to also be the ultimate enforcer in the be in the position to regulate the dis- what their children read. scheme outlined in the amendment semination of knowledge and control I was fortunate. I began reading when since the FCC has the responsibility for what our children can read, view, and I was 4, but I had parents who actually determining when the schools and li- learn at school or at the library. talked about what I might read. Par- braries have failed to comply with the Taken as a whole, the problematic ents may want to spend some time on filtering requirements of the law and aspects of the McCain amendment will the Internet with their children. There when ‘‘the provision of services at dis- harm schools and libraries and de- is software that can help to protect count rates . . . shall cease . . . by rea- crease the value of the Internet as an their children, and parents should work son of the failure of a school to comply important educational tool. By requir- with that. They ought to take a great- with the requirements.’’ ing a certification to the FCC, the er interest in what they are doing and We should not underestimate the amendment places yet another regu- not just assume Congress can somehow power this would place in the FCC latory burden on financially strapped pass laws that keep getting knocked since the e-rate is a valuable privilege, schools and libraries. down, justifiably so, under the first particularly for schools and libraries in The distinguished Senator from Utah amendment. Rather, they can work poor areas and in rural areas with high and I have put forward a proposal that with the tools we can give for their costs for telecommunications services. addresses this problem and avoids the children. The e-rate, passed as part of the 1996 pitfalls inherent to the McCain amend- I thank my dear friend from Min- Telecommunications Act, provides ment. We offered this proposal as an nesota for his courtesy. schools and libraries with deep dis- amendment to S. 254, the juvenile jus- The PRESIDING OFFICER. The Sen- counts in telephone services and Inter- tice bill, and it was agreed to on May ator from Minnesota. net access. Protecting children from 13, 1999, by a vote of 100–0. Our Internet Mr. WELLSTONE. Mr. President, I viewing or receiving potentially inap- filtering proposal would leave the solu- ask my colleagues, Senators SPECTER propriate information is of the utmost tion to protecting children in schools and HARKIN, are we to go until 12:30 importance. Yet, to ensure their con- and libraries from inappropriate online p.m. and then break for the caucuses; tinued eligibility for the e-rate, and to materials to local school boards and is that correct? avoid having to reimburse past finan- communities. It would require Internet The PRESIDING OFFICER. That is cial discounts, we can anticipate that Service Providers with more than correct. schools and libraries will go overboard 50,000 subscribers to provide residential Mr. WELLSTONE. I can in 4 minutes and block out material deemed by customers, free or at cost, with soft- start to describe a little bit of this some to be inappropriate. Would, for ware or other filtering systems that amendment. I ask unanimous consent example, online chat rooms focused on will prevent minors from accessing in- that when we come back from the cau- the works of Vladimir Nabokov and in- appropriate material on the Internet. A cuses, my amendment be in order. I

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12415 will not be able to do this in 4 minutes. Mr. WELLSTONE. Yes. crat and every Republican supported Other colleagues have spoken. Mr. GREGG. Will the Senator from the increase to authorize up to $15 bil- Mr. HARKIN. Reserving the right to Minnesota be interested in entering lion. object, Mr. President, I understand the into a time agreement on his amend- As a matter of fact, during the floor Senator requested when we come back ment? debate on May 1, the majority leader at 2:15 p.m. that he be recognized to Mr. WELLSTONE. I say to my col- himself, Senator LOTT, said: continue to speak on his amendment. league, I do not think it will probably This is a $15 billion reauthorization bill. The amendment has been laid down; is be necessary. At least on my part, I Good work has been done by this committee. that correct? think within a half an hour I can make We have a budget resolution that Mr. WELLSTONE. That is correct. my case for the amendment. doesn’t work. We are not able to ade- Mr. HARKIN. I modify that unani- Mr. GREGG. If the Senator is agree- quately fund important priorities. mous consent request to ask unani- able, we agree that his amendment will Given the emphasis on tax cuts, given mous consent that when the Senator be debated for 45 minutes, 30 minutes the significant allocation of money for finishes speaking on his amendment, to his side and 15 minutes in opposi- the Pentagon, we have robbed our- Senator BINGAMAN be allowed to then tion. selves of our capacity to invest in chil- offer his amendment at this point in Mr. WELLSTONE. Mr. President, I dren and in education. time. would be pleased to accommodate my What this amendment does is essen- Mr. SPECTER. Mr. President, the se- colleague. tially say that the appropriation would quencing suggested by the Senator Mr. GREGG. I ask unanimous con- go from $8.36 billion for title I up to $10 from Iowa is fine. That will move the sent that that be the case. billion for title I. Right now, all we bill along. The Senator from Minnesota The PRESIDING OFFICER. Without have in this appropriations bill is a $400 has laid down his amendment. We have objection, it is so ordered. million increase, when the HELP Com- a number of amendments pending at Mr. WELLSTONE. Mr. President, I mittee authorized $15 billion. We are the present time. Subject to the wishes say to my colleague from New Hamp- trying to bump up the appropriation so of the majority leader, it is our hope to shire, I would like to send an amend- we can do better for our children. What I was saying on the floor ear- vote late this afternoon on a number of ment to the desk that I ask be laid lier is important: The title I program is amendments. That sequencing, as ar- aside, if I could. one of the heart-and-soul Federal pro- ticulated by Senator HARKIN, is fine. Mr. GREGG. Reserving the right to grams. This is targeted money that Mr. WELLSTONE. I say to both of object. goes to primarily low- and moderate- my colleagues, I appreciate there are a Mr. WELLSTONE. This is just an income communities and low- and number of amendments. I will take amendment to be filed. moderate-income students. It is assist- time just to make sure colleagues The PRESIDING OFFICER. The ance for the schools and the school dis- know what this amendment is about. I amendment will be numbered. tricts for more reading instruction, for do not intend to take a long time on Mr. WELLSTONE. If I could clar- afterschool programs, for prekinder- this amendment. ify—— garten programs, for more teaching as- The PRESIDING OFFICER. Without Mr. GREGG. Reserving the right to sistance. It is a very important pro- objection, it is so ordered. The Senator object, are you requesting there be no gram. The title I program has made a second degrees? from Minnesota. difference, even as severely under- Mr. WELLSTONE. Mr. President, Mr. WELLSTONE. That is correct. funded as it is. having been a teacher for years, in 1 Mr. GREGG. Or you just filed one? One of the reasons I bring this minute I do not know how to summa- Mr. WELLSTONE. Yes. amendment to the floor—I have contin- rize an amendment that is all about Mr. GREGG. Mr. President, I suggest ued, week after week, month after education and kids. the absence of a quorum. month, it seems year after year, to f The PRESIDING OFFICER. The come to the floor and talk about the clerk will call the roll. RECESS need to provide more funding for the The assistant legislative clerk pro- title I program—is that right now this The PRESIDING OFFICER. Under ceeded to call the roll. program is funded, maybe, at the 30–35 the previous order, the Senate stands Mr. GREGG. Mr. President, I ask percent level, so that 65 or 70 percent of in recess until the hour of 2:15 p.m. unanimous consent that the order for the children who could benefit don’t Thereupon, at 12:27 p.m., the Senate the quorum call be rescinded. benefit. These children come from pri- recessed until 2:15 p.m.; whereupon, the The PRESIDING OFFICER. Without marily low-income families. These are Senate reassembled when called to objection, it is so ordered. kids who have been severely disadvan- order by the Presiding Officer (Mr. Mr. GREGG. Mr. President, I have no taged. We are trying to give these INHOFE). objection to the request of the Senator schools and the teachers and, most im- f from Minnesota that there be no sec- portantly, the children some additional ond degrees to his amendment as part THE DEPARTMENTS OF LABOR, help so they can do better. of the language which was just agreed HEALTH AND HUMAN SERVICES, In my State of Minnesota, for exam- to relative to the timeframe on his AND EDUCATION AND RELATED ple, typically the situation is that if a amendment. AGENCIES APPROPRIATIONS, school has less than 65 percent of the The PRESIDING OFFICER. Without 2001—continued students on a free or reduced school objection, it is so ordered. lunch program—say it is only 60 per- Mr. REID. I suggest the absence of a Mr. WELLSTONE. Mr. President and cent—there is no money for the school quorum. colleagues—Democrats and Repub- because we have run out of the money. The PRESIDING OFFICER. The licans alike—just for a little bit of con- We have run out of financial assist- clerk will call the roll. text for this amendment, this amend- ance. The assistant legislative clerk pro- ment deals with an increase in funding The HELP Committee Democrats and ceeded to call the roll. not to where we should be but at least Republicans are on record saying we Mr. WELLSTONE. Mr. President, I a step forward for the title I program. ought to authorize this to $15 billion. ask unanimous consent that the order When the HELP Committee author- The majority leader came out and said: for the quorum call be rescinded. ized the title I program, we actually Authorize the $15 billion; good work. The PRESIDING OFFICER. Without voted to increase the authorization of But we have a budget resolution that objection, it is so ordered. title I to $15 billion. The interesting has so constrained the work of appro- AMENDMENT NO. 3631 thing is that every Democrat and every priators that we have not made the in- Mr. GREGG. Will the Senator yield Republican on the HELP Committee vestment in education. This is pre- for a question? supported this increase. Every Demo- cisely the opposite direction of where

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12416 CONGRESSIONAL RECORD—SENATE June 27, 2000 Americans want us to go. People want South Bronx to the Mott Haven com- The PRESIDING OFFICER. The Sen- more investment in education. Over 60 munity about 2 weeks ago with Jona- ator from New Hampshire is recog- percent of the American people say than Kozol, meeting with the children nized. that we spend too little on education. at PS–30 and with Ms. Rosa, the prin- Mr. GREGG. How much time is re- The Federal share has gone from 12 cipal. My colleagues would love this maining? cents to 7 cents on the dollar. woman. She will not give up on these The PRESIDING OFFICER. The Sen- The title I program is a flexible pro- children. ator from New Hampshire has 15 min- gram that allows our school districts I say to my colleagues, vote for this utes. The Senator from Minnesota has to use this money to provide help for amendment for some additional help 19 minutes. these children so they can do better. for title I which means additional help Mr. GREGG. Mr. President, let me One hundred percent of major city for these children, not because if you make a couple of points on title I gen- schools use title I funds to provide pro- invest in these children when they are erally. Title I is one of those programs fessional development and new tech- younger and give them this help they which was conceived as an excellent nology, 76 percent of title I funding to are more likely to graduate from high idea and which has accomplished many support afterschool activities. Ninety school, that is true; not because if they things. Unfortunately, it hasn’t accom- percent of the school districts use title graduate from high school they are less plished one of its most critical goals. I funds to support family literacy and likely to wind up in prison, that is When title I was originally created, summer school programs. Sixty-eight true; not because if you invest in these the purpose was to get low-income chil- percent of the school districts use title children and provide a little bit more dren into the educational system in I funds to support preschool programs. help, say, for example, in reading, that schools which would have the capacity Again, if we look at Rand Corporation they are more likely to graduate and to teach them and the ability to teach studies and others, they tell us that more likely to be productive and more them at a level that was equal with even as a vastly underfunded program, likely to contribute to our economy, their peers. The concern was that title I is making a difference. that is true. I am telling the Senate, many low-income children weren’t get- In my own home State of Minnesota, this amendment deserves our support ting fair treatment in the school sys- the Brainerd public school district, because the vast majority of these chil- tem. That was a good idea. Unfortu- which is in greater Minnesota—that dren are all under 4 feet tall. They are nately, the way it has worked out over means outside the metro area—has a 70 all beautiful. They deserve our support, the last 35 years, it has not proven to to 80 percent success rate in accel- and we ought to be nice to them. That be such a great success. In the last 35 erating students in the bottom 20 per- is why we should vote for this. years, we have spent $120 billion on cent of their class to at least average I believe this is a theological, spir- title I, attempting to educate and give in their classes following 1 year of title itual amendment. I do not understand a better chance in life to low-income I-supported reading programs. how it can be that we are not investing kids. The problem, however, is that we We are funding title I at only one- more money in education and children. have accomplished very little. Most low-income kids today are not third the level of what is needed to I cannot understand why, when we getting any better education than they help children in this country. Forty have some proven programs that are so were getting 10 years ago, 20 years ago. percent of America’s fourth graders are targeted and so helpful to vulnerable Their academic achievement levels are still reading below grade level. Forty- children in this country, they are so actually stagnant or they have eight percent of students from high-in- vastly underfunded. I do not under- dropped. We have seen that instead of come families will graduate from col- stand our distorted priorities. lege; the percentage from low-income improving the academic capability of We seem to have plenty of money for families who will graduate from college these children, we continue to send tax cuts, even tax cuts for wealthy and is 7 percent. At the very time that we these children through school systems high-income families. We have plenty know that a college education is the that essentially end up passing them of money for the Pentagon. Fine. OK. key to economic success, more than at through the system and not giving But why can’t we, when we are talking any other time in the history of our them the skills they need to compete about surpluses and about an economy country during the years of our lives, in America, to take part in the Amer- that is booming, make more of an in- only 7 percent of children from low-in- ican dream. vestment in programs that provide sup- come families will graduate from col- The statistics are fairly staggering. I port for these children. lege. think I have some of them here. Just There are dramatic differences in What about our national vow of equal off the top of my head—I believe I re- terms of the resources of school dis- opportunity for every child? I don’t get call most of them—over 7,000 schools tricts. My friend Jonathan Kozol, who it. I don’t get it any longer. I have been that have title I kids in them have continues to write beautiful, powerful, a Senator for almost 10 years. I do not been identified as failing—not by the and important books about children, understand how it can be, when the Federal Government but by the school sent me some figures from the New polls show that people want us to in- systems themselves, generally. We York metropolitan area where in the vest more in education, when we have know that in our schools where we city maybe it is $8,000 per pupil per record economic performance and we have children who are under title I, year that is spent, and in some of the are talking about surpluses and not low-income kids, those children are suburbs it is as high as $23,000 per deficits, and when we all go to schools learning at at least two grade levels pupil. There are dramatic differences and we are with children—and we all less than their peers—in the area of in terms of which schools are wired and like to have our pictures taken with math, for example. We know that chil- which schools aren’t; which schools children—that we cannot make more of dren in the third and fourth grades who have the technology, which schools an investment in these children? are low-income are consistently at don’t; which schools can recruit teach- I am not talking about a new pro- least a grade or two grades behind ers and pay much better salaries, gram. I am not talking about a pro- their peers. We know that low-income which schools can’t; which schools gram that has not had a proven record fourth graders are simply not able to have the support services for students, of success. I am talking about the title compete with other fourth graders who which schools don’t; which schools I program. I am talking about a pro- are not low-income. We know that in have the best textbooks and the best gram that is vastly underfunded. I am our high schools we are seeing the lab facilities and which schools do not. just saying we ought to at least get the child who has been a low-income child, I will only say this one more time be- appropriation up to $10 billion. who is qualified for title I dollars, who cause it sounds so much like preaching, I reserve the remainder of my time has gone through the system—it turns but this is the best point I can make as just to hear what my colleagues might out that their skills are right at the a Senator. It came from my visit to the say in opposition. bottom of their classes in many cases

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12417 and as a matter of average. The and the administrators but not to the chance to participate through public achievement gap really has been dra- children. school choice, there is really no point matic. Yet we have spent all this We suggested that we actually have in making this type of huge increase in money to try to improve their achieve- the dollars go with the child, and if the funding in this program—especially on ment. child goes from school to school—or if top of the fact that this committee has So we as Republicans, in the markup they decide to do so and their parents already significantly increased funding of the title I bill this year, the ESEA want to get involved and make that de- for this program in this bill. bill, attempted to try to address the cision—let the dollars that are sup- Mr. President, I reserve my time. problem. We put forward a whole series posed to support the child also go from The PRESIDING OFFICER. The Sen- of ideas, the purpose of which was to school to school. ator from Minnesota. improve the academic achievement of We have put forward a whole lot of Mr. WELLSTONE. Mr. President, I the low-income child. Instead of ideas. Those are only some of them. We hope the Senator from New Hampshire warehousing these children and moving also have something called ‘‘choice’’ and all Senators understand this point them through the system, we would ac- for public schools, where parents will clearly. This amendment does not call tually expect and demand that for be able to move their children from for an additional $10 billion in appro- these Federal dollars we received re- school to school. We have the Teacher priations. This amendment just simply sults. Empowerment Act, which affects the says we should go from $8.36 billion to One of the suggestions we made was title I kids, which comes out of the $10 billion—a slight increase. It is not called Straight A’s, where we said to ESEA bill, to try to improve teacher an additional $10 billion. the local school districts: Your results capability. We have a whole set of ideas Second, my colleague from New on low-income kids hasn’t been that to make title I work better. That is the Hampshire and every Republican Sen- good; maybe it is because the programs bottom line. ator and every Democratic Senator on are too categorical. We will let you What the Senator from Minnesota the health committee voted to author- merge them and put them into a flexi- has suggested is that in a program that ize title I to $15 billion. ble program. But if you take the has already spent $120 billion over 30 Can I repeat that? money under this scenario, you have to years and has produced negative re- Every single Member of the health prove there has been academic achieve- sults in the area of academic achieve- committee—Democrat and Republican ment by low-income kids; that the gap ment for children, it should today arbi- alike—voted to authorize title I to $15 between low-income kids and kids who trarily get an additional $10 billion. In billion, and the majority leader came are not low-income is closing—not by this bill, we already increase that fund- out here on the floor and said: reducing the abilities of the higher in- ing significantly. But this $10 billion This is a $15 billion reauthorization bill; come kids or the average children in should be on top of what is already in Good work has been done by this committee. the school system but by actually im- title I. If my colleague thought that the proving the capability of the low-in- Unfortunately, what would happen is title I program was such a miserable come child. the same thing that has happened to failure—and I intend to certainly take Another suggestion we made was the $120 billion. It would end up being that argument on in a moment since I called portability, where we said that spent and going to bureaucracy and don’t think there is a shred of evidence the low-income child in a failing school going into school systems. It would not to support it—then I don’t understand should not have to stay in that school; necessarily end up giving children a why my colleague and all the Repub- They should be able to move to another better education—especially low-in- licans on the health committee and the public school system, and the dollars come children—because we have al- majority leader said that they sup- that are allocated for the purpose of ready proven fairly definitively that ported an authorization up to $15 bil- trying to help that child out should fol- the present system isn’t doing that. lion. This amendment just tries to get low the child to the different school. So rather than breaking the budget it from $8.36 billion up to $10 billion. That is called portability. by adding $10 billion which is not off- Third, in regard to the Elementary The reason we suggested that is that set—and it is subject to a budget point and Secondary Education Act, I sure the present title I program is struc- of order, by the way—what we should would like for you folks to bring that tured so the money goes to the admin- do is reform title I and reform the bill out to the floor. I have been wait- istrators and the schools; it doesn’t go ESEA bill. We tried to do that. We ing for my Republican colleagues to to the kids. In fact, in cities such as brought the bill to the floor, and, un- bring the Elementary and Secondary Philadelphia, if you aren’t in a school fortunately, a number of Senators Education Act to the floor. I have a lot where 70 percent of the kids are low in- wanted to put extraneous matter on it, of amendments. I am ready for the de- come, you get no dollars from title I. and, as a result, it got all balled up and bate on education. You pulled the bill So maybe if you have a low-income wasn’t able to be moved. But the point from the floor, and I would love it if child attending a school where, say, 50 here is that until we get fundamental you would bring it back. percent of the kids are low income, reform of title I and until we get funda- My colleague, the Senator from New that school will get no title I money. mental reform under the new ESEA au- Hampshire, talks about how the title I That is true in a lot of different cities thorization, putting another $10 billion program has been such a miserable across this country. In fact, there is a into this system is not going to help. failure. The largest gains in test scores threshold of 35 percent, I think, where, Therefore, I oppose this, first, on the over the past 30 years have been made if you are in a school with only 35 per- budgetary grounds that it is not offset by poor and minority students. One- cent low-income kids, that school abso- and therefore is a $10 billion increase third to one-half of the gap between af- lutely gets no money. Other cities have that has no way to be paid for; second, fluent whites and their poor and minor- adjusted that. In Philadelphia, as I on the grounds that it probably won’t ity counterparts closed during this said, it is up to 70 percent. accomplish what the sponsor would time. The Center on Education Policy The practical effect, under the law as like to accomplish, which is to improve 2000 report, a study by the Rand Cor- presently structured, is that a lot of the achievement of low-income kids. poration, linked these gains to title I the dollars that should be going to Until we require that low-income and other investments in education children are not going to them. A lot of kids’ academic achievement goes up for and social programs. The final report the low-income kids who should be get- the dollars we are spending on them of the National Assessment of Title I ting assistance dollars for tutorial help and put in place systems that are going by the U.S. Department of Education or special needs help are not getting to give the local school districts the showed that national assessment of them; those dollars don’t flow to that capacity of accomplishing that and to education progress scores for 9-year- child. So we end up with a system give them the flexibility of Straight olds in the Nation’s highest poverty where the dollars flow to the school A’s, or portability, or the parents the schools have increased over the past 10

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12418 CONGRESSIONAL RECORD—SENATE June 27, 2000 years by nine points in reading and vote, I will tell you: Go back to your and make them education amendments eight points in math. States and meet with the educators. and thus complete that bill were re- The Council of Greater City Schools Talk to people in your school districts. jected by the other side. shows that 24 of the Nation’s largest They will tell you they need more Second, yes, we strongly supported schools were able to decrease the num- money for the title I program. They increasing funding for title I, if it was ber of fourth grade title I students will tell you they are interested in a reauthorized under a bill which was achieving in the lowest percentile by 14 whole range of issues. Senator BINGA- student centered. The problem with the percent in reading, and 10 percent in MAN is going to be talking about some present law is it is not student cen- math. of those. tered. It is bureaucracy centered. I say to my colleague from New Again, just looking at where the I am not surprised the other side of Hampshire that is pretty remarkable, money goes, 100 percent of the city the aisle is defending the bureaucracy- given the fact we don’t even fund this schools use title I funds to provide pro- centered bill. It was their idea in the program except at a 30-percent level. fessional development and new tech- first place. Our position is we should We severely underfund the program. nology. Does that sound like a flawed look for academic achievement. We We make hardly any investments in program? Ninety-seven percent use should not leave these children behind. pre-K education. title I funds to support afterschool ac- The Senator says these are poor chil- The Federal Government and the tivities. Does that sound like a mis- dren. Yes, they are poor children. Senate ought to be a player in getting take? Ninety percent of the school dis- Regretably, they are poor children money to the local communities so we tricts use title I funds to support fam- caught in the cycle of poverty for gen- can have not custodial but develop- ily literacy and summer school pro- eration after generation because their ment child care—so that when children grams. Do you want to vote against educational system has failed them for come to kindergarten they are not so that? Sixty-eight percent use title I generation after generation, even far behind. funds to support preschool programs. though we spent $120 billion on title I. We don’t make that investment. Do you want to vote against that? Child after child has come out of the We don’t make the investment in The title I program has been a re- system unable to compete with their health coverage. We still have millions markably good program given the re- peers because their academic achieve- of children without health care cov- alities of these children’s lives. ment has been so low. erage. When they come to school with I didn’t quite add it up. But I think What we suggest is a proposal which abscessed teeth, they cannot learn. Is what my colleague from New Hamp- is child centered, which is flexible, it any wonder? They live in commu- shire was saying is we spent $4 billion which is targeted on academic achieve- nities where their parents can’t afford a year, or thereabouts, for title I pro- ment, and which has accountability standards which will work so these housing, and they have to move three, grams over the last 30 years. I say to children are not left behind. four, or five times a year because we the Senator that is not a bad invest- The Senator on the other side of the don’t make the investment in afford- ment. The largest group of poor citi- aisle makes the argument these chil- able housing. zens in the United States of America dren are being left behind not only be- My colleagues, in the face of our fail- are poor children. There are 14 million cause they are educationally under- ure to do anything about the grinding poor children in America today. Twen- funded but because they have all sorts poverty in the country, in the face of ty percent of all the children in our of other concerns. Yes, there is no our failure to invest in the title I pro- country are growing up poor today. question about that. But when we look gram, in the face of our miserable fail- Fifty percent of those children are at school systems that work, because ure to invest in education, my col- children of color. I don’t think it is too they demand achievement from the league from New Hampshire comes out much to provide a little bit more help children they are serving, the same here and says this has been a miserable for these children. children, then we know success in this failure when I can cite reports showing When you go to these schools, you area is possible. We can look at our that title I has made a real difference. meet people who do not give up. You Catholic school systems in which the Colleagues, 46 percent of title I funds meet principals and teachers who do same population is served. Yet they ac- go to the poorest 15 percent of all not give up on these kids. You wonder complish good things with those stu- schools in America. how they do it. But they are so dedi- dents’ academic achievement. When the Senator from New Hamp- cated. And the largest part of title I The statement there has been a great shire says—and I agree with him—that money goes to the children of the increase in academic achievement it is just outrageous if a school has a youngest ages. among low-income kids is simply not 60-percent low-income population and I will repeat what I said before. Make accurate. What has happened is the there may be no money, this is why: the investment and provide the addi- academic achievement of low-income Because it is so severely underfunded. tional help for these children because kids has finally gotten back to the We have one group of low-income they are small. They are little. Most of level it was in 1992. From the period children in a zero sum game relation- them are under 4 feet tall. They are 1992 to 1998, the gap in academic ship to another group of low-income beautiful. We ought to help them. achievement between African Amer- children. I rest my case, although I reserve the ican and white students actually grew. It is severely underfunded. Seventy- remainder of my time. The same was the case for Hispanic five percent of title I funds go to Mr. GREGG. Mr. President, how students and white students; it actu- schools where the majority of children much time remains? ally grew in a number of the most crit- are poor. The General Accounting Of- The PRESIDING OFFICER. The Sen- ical States that have a large popu- fice estimates that title I has increased ator from New Hampshire has 5 min- lation of African American and Span- funding to schools serving poor chil- utes remaining. The Senator from Min- ish students. dren by 77 percent. It is going up. nesota has 101⁄2 minutes remaining. The simple fact is, we have not been This is a targeted investment that Mr. GREGG. Mr. President, the Sen- serving these kids effectively. We do can make a huge difference. Yet even ator from Minnesota has made a couple not have a program that serves these with the increases, we are only reach- of points to which I think I need to re- kids effectively. ing one-third of the children who could spond. First, the reason the authoriza- The Senator from Minnesota is right use our help. tion bill is not on the floor is because on one count. It is not $10 billion he is By the way, I would like to say this Senators from the other side decided to proposing this year, but over a 5-year to every Senator before you vote on put a political agenda on that bill. The budget it would add up to approxi- this amendment. If your staff is look- unanimous consents which were re- mately $10 billion. I stand corrected. ing at this debate, and they are going quested by the majority leader to limit I join the Senator from Minnesota. If to be reporting back to you on how to the number of amendments to that bill he is willing to put forward a program

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12419 that is child centered, dedicated to debate and the Senators’ right to intro- the cart before the horse. Absolutely, academic achievement, giving the local duce amendments. That is what the let’s put the focus on achievement. schools accountability and flexibility, Senate is about. It is not a political Let’s put the focus on accountability. then we should talk about dramatic in- agenda, I say to my colleague. It is just But this is my question. Don’t you creases in funding because we would an agenda that makes my colleague think, at the same time that we put get something for the dollars that from New Hampshire and other Repub- the focus on the achievement, and the would be effectively used. But to sim- licans uncomfortable. They don’t want same time we put the focus on the ac- ply put more money in here on top of to vote on campaign finance reform or countability, we also need to make money that has been already increased sensible gun control measures. I would sure every child has the same oppor- outside the budget priorities which we argue, in case anybody has taken a tunity to achieve? Why is it my col- have already set—and remember there look at violence in the schools, that leagues are so silent on that point? are other major budget priorities in sensible gun control amendments are They want to rush to vouchers, they this bill that have been paid for, such very relevant to the lives of children, want to rush to privatizing education, as special needs, special ed kids—it is very relevant to education. they want to rush to saying all these just not appropriate. That is why I op- As to the title I program, I want to children have to achieve and we are pose this amendment. respond to my colleague’s comments going to hold everybody accountable if The PRESIDING OFFICER. The Sen- about the achievement of low-income your children don’t achieve. But they ator from Minnesota. children. Honest to goodness, first my don’t want to make sure every child Mr. WELLSTONE. Mr. President, I colleague came out and said it has been has the same opportunity to achieve. thank my colleague for his remarks. I a miserable failure; it hasn’t work. Let’s not hold our children respon- always enjoy discussions with him on Then I cited study after study showing sible for our failure to invest in their education. I don’t want to try to score title I has made a difference. Then my achievement and their future. This debate points. I cannot resist, though, colleague retreats and comes back with title I program is but one small pro- saying to my colleague, on the Elemen- another argument which is: Well, yes, gram that doesn’t lead to heaven on tary and Secondary Education Act, low-income children are now doing bet- Earth, but makes it a little bit better when he says that we pulled the bill be- ter in some of the reading scores and Earth on Earth for some of these chil- cause the minority wanted to impose a mathematics scores, but they are only dren. political agenda, it is interesting; a po- getting back to the 1993 level. I say to my colleagues, I think we litical agenda means the minority The truth is, here you have a title I ought to vote for this amendment. I wanted to put some amendments on program that is vastly underfunded— think we ought to do better by these this bill that they, the majority, didn’t 30-percent level. Here you have a House children. This amendment, in its own want to have to vote on; therefore, it of Representatives and Senate, too small way, just going from $8.3 billion becomes a political agenda. dominated by the way in which money to $10 billion, not even close to the $50 Mr. GREGG. Will the Senator yield dominates politics, that have been un- billion that the HELP Committee on that point? willing to make the investment in chil- unanimously voted to authorize appro- Mr. WELLSTONE. I will be pleased dren, unwilling to make the invest- priations up to, at least makes a bit of to yield, if the Senator will be brief. I ment in their skills and intellect and a difference. will yield on my time because I know character and, I argue, the health of Your school districts are for this, he has no time. But I want to reserve a children, and therefore there are too your principals and teachers in the little time. many poor children. I think it is a trenches are for this, and most impor- Mr. GREGG. I wonder if the Senator scandal that the poorest group of citi- tantly, we ought to provide these chil- believes campaign finance and gun zens in America today is children. Too dren with some additional help. They issues, which are not relevant to many children literally grow up under deserve it. schools, are issues which we should the most difficult circumstances. I yield the floor, and I reserve the re- have been debating on the ESEA bill or Therefore, is anybody surprised the mainder of my time. Mr. GREGG. How much time is re- should we hold them for another agen- title I program does not perform a mir- da? maining? acle? The PRESIDING OFFICER (Mr. Mr. WELLSTONE. Mr. President, The title I program does not mean CRAPO). The Senator from New Hamp- how much time do I have left? those children succeed, I say to my col- shire has 1 minute remaining. The Sen- The PRESIDING OFFICER. The Sen- league from Iowa, who come from poor ator from Minnesota has 3 minutes re- ator from Minnesota has 9 minutes re- communities, whose parents are not maining. maining. high income, who had none of the en- Mr. WELLSTONE. I yield the Sen- Mr. WELLSTONE. Mr. President, I couragement, none of the great pre- ator from New Hampshire 30 seconds of say to my colleague from New Hamp- school programs other children have, my time. shire, first of all, the campaign finance who live in families who have to move Mr. GREGG. That is very generous of reform amendment of course was initi- four times because they cannot afford the Senator from Minnesota. I appre- ated by Senator MCCAIN, a well-known the housing, who live in neighborhoods ciate it. Republican, and Senator FEINGOLD, a where there is too much violence, who Mr. WELLSTONE. I yield the Sen- well-known Democrat. I support the don’t have an adequate diet, who don’t ator from Iowa 1 minute of my time. amendment. Do you want to know have adequate health care. Guess what, Mr. GREGG. Mr. President, did I un- something. The more I think about it, those children don’t yet do as well in derstand the Senator from Minnesota the more I think it is very relevant to reading scores and mathematics scores. to say he would be willing, if I were to education, because I think if we don’t And you want to pin that on the title propound a unanimous consent request clean up this sick system, the way in I program, even though the title I pro- that we go to the ESEA bill with 5 which big money dominates, then we gram has helped them do a little bet- amendments on both sides, that the are never going to have Senators vot- ter? amendments be relevant, and we have ing for children and education. They If any Senator wants to vote against final passage—the Senator would agree are going to continue to vote for the this amendment on the basis of that to that? big, huge, economic interests. So I say, kind of argument, so be it. But I cer- Mr. WELLSTONE. That is an easy actually I can’t think of a more impor- tainly hope you will not. question. tant amendment to an education bill. Finally, I get a little nervous with all Mr. REID. Was this a unanimous con- This is the debate we have been hav- this discussion about accountability sent request? ing. The Senate, over the years, has and achievement because I think my Mr. GREGG. I was asking if he was been a very special institution. Part of good friend from New Hampshire has agreeing that would be an acceptable it is because of the Senators’ right to the causality backwards. He is putting approach.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.000 S27JN0 12420 CONGRESSIONAL RECORD—SENATE June 27, 2000 Mr. WELLSTONE. My answer would Mr. WELLSTONE. How much time do Mr. REID. We are soon going to pro- certainly be no, since I talked about I have left? ceed with an amendment by the Sen- what the Senate was about and talked The PRESIDING OFFICER. One ator from New Mexico. about those other amendments are ter- minute 30 seconds. Mr. GREGG. That is correct. ribly important amendments that af- Mr. WELLSTONE. I yield 30 seconds Mr. REID. Mr. President, I want to fect the lives of children. to my colleague from New Hampshire. make sure everyone understands the Mr. GREGG. I simply state the rea- Mr. GREGG. This abundance of gen- challenge made by the Senator from son we do not have the authorization erosity has carried me away. I yield my New Hampshire. We, the minority, are levels we should have on the ESEA is time back if the Senator wishes to willing to take that at any time. There that we have not passed ESEA, and the yield his time back, even the addi- was an education bill on the floor that reason we have not passed ESEA is tional time the Senator has yielded. we did not have anything to do with that we have been unable to debate on Mr. WELLSTONE. I yield back the pulling. We are willing to start debat- this floor the issue of education. We remainder of my time. I ask for the ing the education bill 10 minutes from have had debate on the issue of cam- yeas and nays. now, 10 days from now. We have a lot of paign finance, on the issue of guns, on Mr. GREGG. I raise a point of order things about which we want to talk re- the issue of prescription drugs, but not against the pending WELLSTONE amend- garding education. on the issue of education, which is too ment No. 3631 in that it violates the The Senator says there is something bad, because the bill out of committee Budget Act. keeping this education bill from going was a good bill and, by the way, it did Mr. WELLSTONE. I move to waive forward. It is not our fault. We are not demand the States do anything. It the Budget Act and ask for the yeas willing to spend whatever time is nec- set up a set of options for the States and nays. essary to complete debate on the edu- which the States could then follow. The PRESIDING OFFICER. Is there a cation bill that was before this body They could choose to use portability, sufficient second? for a short time earlier this year. We they could choose to use Straight A’s There appears to be a sufficient sec- want to debate the education issue. or they could choose the present law. It ond. For people to say it got pulled be- gave the States total flexibility. The The yeas and nays were ordered. cause we wanted to talk about cam- goal was to get the academic achieve- Mr. GREGG. Mr. President, I ask paign finance reform, you bet we do. ment of low-income kids up. That unanimous consent that the vote in re- We still want to talk about campaign should be our goal as a Senate, and lation to this motion occur at 5 p.m. finance reform. But we want to talk that was our goal when we reported out and that there be 4 minutes equally di- about education issues also. The fact the bill. vided for explanation prior to the vote. that we have an education bill on the Mr. President, I reserve the remain- The PRESIDING OFFICER. Without floor does not mean we cannot talk der of my time. objection, it is so ordered. about other issues. We would be willing Mr. HARKIN. How much time is re- Mr. GREGG. I move to table the mo- to have the education bill come back, maining, Mr. President? and we have a lot of education issues The PRESIDING OFFICER. The Sen- tion to waive. The PRESIDING OFFICER. The Sen- we would bring up immediately. ator from Minnesota has 21⁄2 minutes. Mr. GREGG. Mr. President, did the The Senator from New Hampshire has ator from New Hampshire moves— unanimous consent request get ap- 16 seconds remaining. Mr. GREGG. I suggest the absence of Mr. HARKIN. Mr. President, I thank a quorum. proved and was the amendment laid the Senator for yielding me a little bit The PRESIDING OFFICER. The aside? of time. I appreciate what the Senator clerk will call the roll. The PRESIDING OFFICER. Both from Minnesota said a while ago. He is The legislative clerk proceeded to unanimous consent requests have been absolutely right. We are blaming these call the roll. approved. The amendment was laid kids. Mr. GREGG. Mr. President, I ask aside, and the vote is scheduled for 5 Title I: Do my colleagues know how unanimous consent that the order for o’clock. much each kid gets from title I? Some- the quorum call be rescinded. Mr. GREGG. If I may engage the as- where between $400 and $600 a year. Go The PRESIDING OFFICER. Without sistant leader from Nevada in a col- to the best schools in America in high- objection, it is so ordered. The Senator loquy, I am interested in knowing income areas where they have nice from New Hampshire. whether the assistant leader would houses and high incomes. Do my col- Mr. GREGG. Mr. President, I ask agree to a unanimous consent request leagues know what they are spending unanimous consent that the amend- that would bring back the ESEA bill as on kids there? Six to eight thousand ment be laid aside. reported out of committee with five dollars. Yet we are going to put $400 to The PRESIDING OFFICER. The Sen- relevant amendments on both sides, $600 into some of the kids who have the ator from Nevada. with a vote on final passage. If the Sen- poorest lives. Mr. REID. Mr. President, we need to ator is agreeable to that, I am willing As the Senator said, they move make sure we understand what is hap- to walk down the hallway and probably around a lot. They have been denied pening here. get it signed onto by the majority lead- the opportunity since they have been The PRESIDING OFFICER. Is the er. born, and we expect all these great re- Senator raising an objection? Mr. REID. Mr. President, this is in- sults from $400 to $600 per student. Mr. REID. There is nothing pending. teresting, I say to my friend from New If the Senator from New Hampshire Mr. HARKIN. He asked unanimous Hampshire. We are in the Senate. My wants to propose we spend $6,000 on consent to set the amendment aside. friend from New Hampshire has had each one of those poor kids, then Mr. REID. I do not object to that. wide experience in government. He maybe we will see them start to ad- The PRESIDING OFFICER. Without served in the House of Representatives. vance more rapidly, but on $400 to $600 objection, it is so ordered. The amend- We had the pleasure of serving to- we are not going to do it. The Sen- ment will be set aside. gether. He was Governor of the State of ator’s amendment would only get that Mr. REID. Reserving the right to ob- New Hampshire and has been a Senator up just a little bit more. We are still ject. The Senator from New Hampshire for many years. He understands what way behind in what we ought to be asked to set the amendment aside, and the Senate is about as well as anybody doing in this country to help low-in- the time was set for a vote. in this Chamber. That is, we have had come students attain the same oppor- Mr. GREGG. On the motion to waive rules which have engaged this Senate tunity in education as kids from bet- the point of order. for over 200 years, and they have ter, higher income areas are getting. Mr. REID. He did not make his offer worked well. We are the envy of the The Senator from Minnesota is right to table; is that right? world, how our legislative body has on with this amendment. Mr. GREGG. Correct. worked for more than 200 years.

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What I am saying to my friend from afterschool programs; Senator HARKIN, Mr. HARKIN addressed the Chair. New Hampshire is, yes, we are willing school modernization; Senator The PRESIDING OFFICER. The Sen- to bring the education bill back today, VOINOVICH, IDEA funding; Senator MI- ator from Iowa. tomorrow, any other time, but we do KULSKI, dealing with technology; Sen- Mr. HARKIN. It is the Republican not need these self-imposed con- ator STEVENS, physical education; Sen- side that is running the floor that straints. We are not the House of Rep- ator WELLSTONE, educational testing; schedules the bills, not the Democrats. resentatives. We are the Senate. We Senator GRAMS, educational testing; My friend from New Hampshire just have the ability to amend bills that Senator REED of Rhode Island, dealing said he would be willing to have seven come before this body. Had we been al- with parents; Senator KYL, bilingual amendments on either side. lowed the opportunity to treat the ele- education; Senator LAUTENBERG, Mr. GREGG. Relevant. mentary and secondary education bill school safety, dealing with guns. We Mr. HARKIN. Oh, relevant amend- as legislation has been treated for two would be willing to do this right now. ments. See, there you go. centuries in this body, we would have It would take about 10 or 12 hours. And The last ESEA bill we had up was 4 been long since completed with that I say—— years ago. We had amendments offered and would have been on to other issues. Mr. GREGG. I object. on the Republican side that were not No one should think we are afraid to The PRESIDING OFFICER. Objec- relevant. We didn’t say anything. We debate education issues. We have a lot tion is heard. debated them. We debated them and we of education issues to debate. The Sen- Mr. REID. There are Republicans and voted on them. Oh, but now they don’t ator from New Mexico and I have Democrats on this list. We would do it want to do that. The Republicans say: worked for 3 years on high school drop- in alternating fashion. They believe It has to be relevant. And they will outs. I am not proud of the fact that strongly in their education issues. We preclude us from offering amendments the State of Nevada leads the Nation in believe strongly in our education on that bill that are relevant—maybe high school dropouts. We lead the Na- issues. not to education but relevant to what tion. But we are not the only State I say that is what we should do. That is happening in America today. Yet that has a problem. Every State in this would bring the education issue to the they do not want to do that. Union has a problem with high school forefront of this body, as it should have We would agree to time limits. Sen- dropouts. been brought to the forefront of this ator DASCHLE has here: 1 hour each, In the United States, 3,000 children body a long time ago. equally divided. That is 14 hours. In 14 drop out of high school every day; The PRESIDING OFFICER. Objec- hours, we could be done with the Ele- 500,000 a year. I want to talk on the El- tion is heard. mentary and Secondary Education Act. ementary and Secondary Education The Senator from New Hampshire Mr. GREGG. Will the Senator yield Mr. GREGG. If we are going to pro- Act about what we can do to keep kids on that point? pound unanimous-consent requests, I in school. Mr. HARKIN. I yield without losing The Senator from New Mexico will propound a unanimous consent request my right to the floor. have an amendment that passed the as follows: That we proceed to the Ele- Mr. GREGG. I would be willing to Senate 3 years ago. Last year, on a mentary and Secondary Education Act, agree to time limits also: 1 hour on strictly partisan vote, our amendment as reported out of the HELP Com- each relevant amendment. Mr. HARKIN. All amendments that was killed in the Senate. Democrats mittee, at such time as the leader shall are offered here, seven on each side? voted for it. Republicans voted against determine is appropriate, in consulta- Mr. GREGG. In my unanimous-con- our dropout amendment. It is really tion with the Democratic leader; that both sides be allowed to offer, I will sent request. ‘‘radical.’’ I am saying that face- Mr. HARKIN. To these seven amend- tiously. What it would do is create, in make it seven amendments to the Ele- mentary and Secondary Education Act; ments? the Department of Education, a drop- Mr. GREGG. It is my unanimous-con- out czar, someone who could look at that the amendments shall be relevant, and that there shall be a vote on final sent request to which I am agreeing. programs that are working around the You already have that in your request. country and have challenge grants in passage. The PRESIDING OFFICER. Is there I was just trying to be accommodating various States, if they were interested objection? to your time constraints. in the program. We would not jam any- Mr. HARKIN. Reserving the right to Mr. HARKIN. You can have whatever thing down anyone’s throat. A simple object, Mr. President. seven you want, and we will take our program such as that was defeated. The PRESIDING OFFICER. The Sen- seven amendments. We would be happy to ask unanimous ator from Iowa. Mr. GREGG. As long as they are rel- consent—as Senator DASCHLE has done Mr. HARKIN. Well now, the Senator evant. on other occasions—to resume consid- from New Hampshire said that he Mr. HARKIN. I reclaim my time. The eration of the elementary and sec- wanted a unanimous-consent request Senator says: Relevant. ondary education bill, and that fol- that we would go to ESEA, at a time to Mr. REID. Will the Senator yield lowing the two amendments previously be determined by the majority lead- without losing his right to the floor? ordered, the Senate consider the fol- er—— Mr. GREGG. I want to debate edu- lowing first-degree amendments, sub- Mr. GREGG. In consultation—— cation, not national policy. ject to relevant second-degree amend- Mr. HARKIN. In consultation with Mr. HARKIN. Yes, I yield without ments, and that they may be consid- the minority leader. losing my right to the floor. ered in an alternating fashion as the Well, we have asked the majority Mr. REID. One of the amendments, sponsors become available, and that leader. The minority leader has pro- the Senator is aware, the Lautenberg they all be limited to 1 hour each pounded this unanimous consent re- amendment, deals with gun safety. equally divided in the usual form—— quest in the past. We are not running Are you aware there are precedents Mr. GREGG. I object. the floor. The Republicans are running for gun control amendments to edu- The PRESIDING OFFICER. Objec- the floor, not the Democrats. cation bills? In fact, is the Senator tion—— Mr. GREGG. Mr. President, is debate aware that in 1994, Senator GRAMM of Mr. REID. I have not propounded my appropriate? Texas offered an amendment on man- request yet, Mr. President. The PRESIDING OFFICER. The Sen- datory sentences for criminals who use We would have Senator SANTORUM ator from New Hampshire, having pro- guns, and it was put to a vote on the offer an amendment dealing with IDEA pounded the unanimous consent re- education bill that year? funding; Senator BINGAMAN, one on ac- quest, has the floor. Mr. HARKIN. That is right. countability; Senator HUTCHISON, one Mr. HARKIN. I object. Mr. REID. I say to my friend, doesn’t on same-sex schools; Senator DODD, The PRESIDING OFFICER. Objec- it seem logical and sensible to the Sen- afterschool programs; Senator GREGG, tion is heard. ator from Iowa that with all the deaths

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12422 CONGRESSIONAL RECORD—SENATE June 27, 2000 in schools related to guns, on an edu- says: Oh, well, now we can’t discuss a month, we also need some help build- cation bill we should have a conversa- that. It is not relevant. ing schools, renovating schools. We tion about gun safety in schools? The Senator from New Hampshire have a tremendously difficult problem. Mr. HARKIN. To this Senator, it knows, as well as I do, there is no rule People think of Nevada as the most makes eminently good sense. We are in the Senate that demands relevancy. rural place in America. It is the most talking about education and safety in That is the House. That is why we are urban place in America. Over 90 per- education. Senator LAUTENBERG has an the great deliberative body that we cent of the people live in two commu- amendment on gun safety. That is are. We can debate and discuss things. nities: Reno and Las Vegas. We have what the Republicans do not want to If the Senator wants to go back to the the seventh largest school district in vote on. Yet the Senator from New House, where they have a Rules Com- America, with over 230,000 students. We Hampshire said: Relevant amendments. mittee, and they only discuss issues need some help. The majority does not I am looking at the list of amendments that the Rules Committee says are rel- want to modernize the schools. we have. They all deal with education evant—that is the House of Represent- Wouldn’t it be great if we could do in one form or another. atives. This is the Senate. We do not something about afterschool programs? Mr. GREGG. Then the Senator should have such a rule. Thank God we do not That is where kids get in trouble, have no objection to my offer. because it allows us, as Senators, to latchkey children, without sufficient Mr. HARKIN. If the Senator from have the kind of open and free debate supervision. We have amendments, New Hampshire would agree that and discussion that I think distin- some of which were read by the Sen- school safety and guns is a relevant guishes the Senate from the House of ator and I, that deal with afterschool amendment, we can make an agree- Representatives. That allows us a time programs. We want to do something ment right now. Will the Senator agree to cool things down, as Thomas Jeffer- about having not only more teachers to that? son said. but better teachers. That is what we Mr. GREGG. I do not make that rul- We are willing to bring up the Ele- want to consider. That is why we want ing. It would be up to the Parliamen- mentary and Secondary Education Act to talk about education. tarian to determine what a relevant and agree to a time limit. We could be The Senator from New Mexico is amendment is. done in 1 day. But the Republicans do shortly going to offer an amendment Mr. HARKIN. No. A unanimous con- not want to vote on the gun issue. dealing with quality education. If not sent that the Lautenberg amendment They don’t want to have to belly up now, he will do it later. I know it is is relevant. to the bar and vote to keep guns out of something he has talked about. Yes, Mr. GREGG. I will not make that de- the hands of kids. They don’t want to Senator LAUTENBERG wants to offer an cision. The offer is very reasonable. We have that amendment. Therefore, all of amendment joined by numerous others. are willing to debate relevant amend- the rest of the Elementary and Sec- He is the lead sponsor to deal with ments on education. There are a lot of ondary Education Act is held hostage safety in schools, more accountability. relevant amendments on education by the refusal on the Republican side If the majority doesn’t think that guns that deal with guns. All you have to do to allow even 1 hour of debate and an in schools and school safety are prior- is make it relevant and you can involve up-or-down vote on the Lautenberg ities for the American people, then a gun issue. There is no question, for amendment. That is the essence of it they have not been reading the papers. example, if you want to offer an right now. As my friend from Nevada They have not been reading their own amendment that deals with using title said, we are willing to go to the Ele- mail that comes from home. These are I money for the purposes of allowing mentary and Secondary Education Act important issues. people to put in some sort of screening right now with a time limit, debate All we are asking is that the pending system for going into a school relative them, vote them up or down. It is the business, Order No. 491, a bill to extend to guns, that is a very relevant amend- other side that won’t let that happen. programs and activities under the Ele- ment, I would presume. But I am not The PRESIDING OFFICER. The Sen- mentary and Secondary Education Act, the one who makes that decision. The ator from Nevada. be the order of the day; that it be Parliamentarian makes the decision. Mr. REID. Mr. President, we know called off the calendar and we get back Mr. HARKIN. No. But a unanimous there are other things to do, but there to working on it. It is the pending busi- consent. is nothing more important to the ness right now. It is here in the Senate Mr. GREGG. I am perfectly willing to American people—I know there is noth- calendar of business. We should get make an adjustment, to give you a ing more important to the people of back to that. We offered strict time timeframe, so we can have a timeframe the State of Nevada—than to do some- agreements on all amendments, and on the debate. We can have relevant thing about education. The Senator then we get the retort from our friend amendments, 1 hour on each amend- from Iowa talked about guns. Of from New Hampshire: Relevant, rel- ment. I have gone up to seven amend- course, they don’t want to debate that evant. ments now because the Senator from issue, even though we did more than a We know what happens here. We Nevada made a good case that we year ago. Remember the clamor here know who controls what goes on. It is might not have gotten the amendment that we had to do something as a result the majority. If they don’t want some- of the Senator from New Mexico into of the Columbine killings. Then we had thing, it is not relevant. We are adults. the mix. So that is seven amendments a series of killings by guns in schools. We know how things work around here. on each side and a vote on final pas- We just recently had one in Florida We give them the title of the amend- sage—that is 14 hours—we vote on final where a boy was sent home because he ments; we tell them what they are passage, leaving it to the majority was dropping water balloons. He came about. We limit the time on them. I leader to call the issue to the floor. I back and killed the teacher. There was don’t know what we could do that think we could have a deal. no safety lock on that gun. It was lay- would be more fair and would allow Mr. HARKIN. Mr. President, I find it ing around. Some felon had it. I don’t this agenda to move along. interesting, my friend from New Hamp- know who had it. Anyway, the kid was We want the opportunity to vote. We shire making this argument. Four able to get it. don’t want the opportunity to debate years ago, when the Senator from The majority’s argument is simply a for more than a half hour. A half hour Texas offered a gun amendment on the smokescreen. Of course, they don’t is all we get. We feel very confident Elementary and Secondary Education want to talk about gun safety. They that our priorities are the needs of the Act, I didn’t hear a peep from my also don’t want to vote on other pri- majority of the people of this country. friend from New Hampshire, not a ority issues such as modernizing We are not afraid to vote on them. word. But now, when we want to ad- schools. The average school in America The real reason the majority doesn’t dress the issue of school violence and is almost 50 years old. In Nevada, be- want to vote on these proposals is be- guns, the Senator from New Hampshire cause we have to build one new school cause we are going to win. People over

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there are going to vote with us. We are votes on these. The list goes on and on. amendment Senator WELLSTONE pro- going to win. There are only 45 of us. There have been gun amendments all posed, I know the discussion back and We know we can’t win unless we get through the process. There are gun forth between Senator WELLSTONE and support from the majority. We will get amendments that can be made rel- the Senator from New Hampshire. The support from the majority. This is a evant. I would presume if they wanted position of the Senator from New procedural effort to block the edu- to include those seven that I suggested, Hampshire was that he could support cation agenda of the minority from it would be easy enough to do it. increases in title I if there was proper going forward. It is too bad. I do think that the defense that they accountability for how the money was The PRESIDING OFFICER. The Sen- don’t want relevant amendments, that spent, if we could be sure the money ator from New Hampshire. they want to have the freedom to was spent for the purpose it was really Mr. GREGG. Mr. President, I don’t throw whatever amendment they want needed. want to prolong this ad nauseam be- on this bill, is a puerile defense. ‘‘Puer- The amendment I am proposing cause it is sort of an internal debate. I ile’’ is the wrong word. It is a sopho- would try to put into place the mecha- know the Senator from New Mexico moric defense because basically what nisms to ensure that accountability. has an amendment he wants to offer. they are interested in is not having the That, I believe, is a reason the amend- I will make a couple of points in re- ESEA bill come through this House in ment should be supported by everyone. sponse to the Senator from Nevada, its present form because it is not a Let me indicate what current law is. who always eloquently presents the mi- form that they liked when it was re- Current law says that of the title I nority’s position. ported out of committee. funds a State receives, they can spend The fact is, all the amendments he Mr. HARKIN. We had seven amend- a maximum of one-half of 1 percent of talked about in the area of education ments. That was all that was on the those title I funds in order to ensure are amendments which we are perfectly list. accountability in the expenditure of willing to get into. We got into them in Mr. GREGG. All I am interested in is those funds. That is, if you have a fail- committee, and we are happy to get seven relevant amendments. ing school—for example, take my into them on the floor. I suspect they The PRESIDING OFFICER. The Sen- State. If one of our school districts in would have no problem being found as ator from New Mexico. New Mexico has an elementary school relevant—school construction, after- Mr. BINGAMAN. Mr. President, does that is not doing well and is not show- school programs, safe schools. In fact, the Senator from New Hampshire re- ing improvement in student perform- we have done a great deal in the area of tain the floor or is it open? ance, then the State has one-half of 1 all of these accounts. On the Safe The PRESIDING OFFICER. The reg- percent of the title I funds it can spend Schools Program, aftershool programs, ular order is the recognition of the in trying to assist that school to do we have increased funding dramati- Senator from New Mexico to offer an better. That is all it can spend, and cally in both those proposals. amendment. that is for the entire State. We have brought forward an ESEA AMENDMENT NO. 3649 It is clear to anybody who has bill in a creative and imaginative way. (Purpose: To ensure accountability in pro- worked in education that this is an in- I think it is being held because there grams for disadvantaged students and to adequate amount of money. I have here are amendments people want to put on assist States in their efforts to turn around a letter that has been sent to me by the it which they know will cause it to not failing schools) Council of Chief State School Officers. go any further than this body because Mr. BINGAMAN. Mr. President, I I want to read a section from that the bill has so many imaginative and send an amendment to the desk and where they indicate their support for creative ideas in it which the Federal ask for its immediate consideration. this Bingaman amendment to restore bureaucracy and the educational bu- The PRESIDING OFFICER. The an increase in funding for title I ac- reaucracy do not like because they re- clerk will report. countability grants to assist low-per- turn power to the States, power to par- The legislative clerk read as follows: forming schools: ents, power to children, power to prin- The Senator from New Mexico [Mr. BINGA- Last year, Congress appropriated $134 mil- cipals. They just don’t like the fact MAN], for himself, Mr. REED, Mr. KENNEDY, lion in title I accountability funds to help that this bill is coming up for a vote Mrs. MURRAY, Mr. DODD, and Mr. aid over 7,000 schools, to help low-performing WELLSTONE, proposes an amendment num- schools that were identified. The Council of with a whole cafeteria of ideas that bered 3649. threaten the present educational lobby Chief State School Officers supports pro- Mr. BINGAMAN. Mr. President, I ask viding assistance to low-performing schools here in Washington. Therefore, they unanimous consent that reading of the through an increased State setaside. The ac- have decided to gum it up with a bunch amendment be dispensed with. countability grants are essential to help of amendments that have no relevance The PRESIDING OFFICER. Without turn around our Nation’s most troubled at all. schools. Several of our States have already objection, it is so ordered. ‘‘Relevant’’ is an important term for expressed reluctance to undertake the new The amendment is as follows: the education issue. The education de- grants due to an certainty over future fund- bate should be on education. There are On page 57, line 19, after ‘‘year’’ insert the ing. It is critical that the accountability following: ‘‘: Provided further, That in addi- grants be sustained and funded and funding a lot of gun issues which are education tion to any other funds appropriated under related. We are perfectly happy to take increased to the President’s request of $250 this title, there are appropriated, under the million, so that States and districts can con- those as relevant. But there are some authority of section 1002(f) of the Elemen- tinue to help improve these schools. Mr. that are not, and they know that. That tary and Secondary Education Act of 1965, President, I ask unanimous consent that this is why they are throwing it on this bill, $250,000,000 to carry out sections 1116 and 1117 letter, dated June 21, 2000, be printed in the because they know it will stop the bill of such Act’’. RECORD immediately after my remarks. on the floor. They can use that as an Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without excuse for stopping the bill rather than have indicated to the majority that I objection, it is so ordered. being the actual reason the bill is being would take a half hour to discuss the (See Exhibit 1.) stopped. amendment on our side. I know Sen- Mr. BINGAMAN. I believe that letter As to gun amendments, we have ator REED also wishes to speak about summarizes very well the thrust of my voted on those enumerable times in the amendment, and perhaps others. argument. We have the Federal Gov- this body. We have had amendments If the Republican side will take the ernment now spending over $8 billion relative to abortion clinics, relative to same limited amount of time, I believe this next year—almost $9 billion—to gun-related debt. We have had them that is the arrangement. assist disadvantaged students through relative to gun violence crime protec- This is an amendment to address the the title I program. But the accom- tion, safe school new Federal restric- central issue that has been part of the panying accountability provisions in tions on firearms, on education and vi- education debate all along, and that is the law have not been fully imple- olence protection. There have been the issue of accountability. On the last mented. That is, we have not seen the

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12424 CONGRESSIONAL RECORD—SENATE June 27, 2000 results we would like to see in all which is called a whole school reform Title I authorizes State school sup- cases—in the case of these failing program for the early grades, elemen- port teams to provide support for schools in particular—due to a lack of tary schools. It was developed by re- schoolwide programs, to provide assist- dedicated funding that would be nec- searchers at Johns Hopkins University, ance to schools in need of improvement essary to develop improved strategies and it has been implemented in over through activities such as professional and create rewards and penalties that 2,000 elementary schools throughout development, identifying resources for hold schools accountable for contin- the country. There were over 50 schools changing and instruction, and chang- uous improvement in their student per- in my home State of New Mexico this ing the organization of the school. formance. last year that implemented the Success In 1998, only eight States reported The bill before us does not identify for All Program. The program is a that school support teams have been any specific funds for accountability proven early grade reading program able to serve the majority of schools enforcement efforts. We need to ensure which, if implemented properly, can identified in need of improvement. that a significant funding stream is ensure better results. All of the studies Less than half of the schools identi- provided so that these accountability demonstrate that it can lead to better fied as needing improvement in the provisions are in fact enforced. The results. 1997–1998 school year reported that this amendment I have offered seeks to en- At the end of the first grade, Success designation led to additional profes- sure that $250 million, which is a small for All schools have average reading sional development or assistance. fraction of the total amount appro- scores almost 3 months ahead of those Schools and school districts that priated under title I, is directly spent in matching control schools, and by need this additional support and re- on this objective. This money would be the end of the fifth grade, students sources do five things: Address weak- used to ensure that States and local read more than 1 year ahead of their nesses quickly soon after they are iden- school districts have the resources peers in the controlled schools. So the tified; second, promote a progressively available to implement the corrective program can reduce the need for spe- intensive range of interventions; third, action provisions of title I by providing cial education placements by more continuously assess the results of those immediate and intensive interventions than 50 percent and virtually eliminate interventions and monitor whether to turn around low-performing schools. the problem of having to retain stu- progress is, in fact, being made; fourth, What type of interventions am I talk- dents in a grade more than a year. implement incentives for improve- ing about? What are we trying to en- The funding contemplated in this ment; and, fifth, implement con- sure that States and school districts amendment I am offering is authorized sequences for failure. I think many in this Senate would can do by providing these funds? Let under both the old version of the Ele- agree that a crucial step toward im- me give you a list. mentary and Secondary Education Act First of all, ongoing and intensive and the proposed new version, on which proving the public schools lies in hold- teacher training. If you have a failing we just had a debate about how to get ing the system accountable for student school where the students are not per- that back up for consideration in the achievement and better outcomes. I hope everyone is able to dem- forming better than they did last year, Senate. Under section 1002(f) of the Ele- mentary and Secondary Education Act onstrate with their vote on this amend- it is likely that the problem comes currently in effect, Congress is author- ment that they support these positive back to the teachers. We need better ized to provide such sums as may be initiatives toward establishing that training of some of our teachers in that necessary to provide needed assistance type of accountability. school. These funds would make that for school improvement under sections Unfortunately, our debate on the Ele- possible. 1116 and 1117 of the act. That is the cur- mentary and Secondary Education Act Second, extended learning time for rent Elementary and Secondary Edu- was prematurely ended. As I indicated, students, afterschool programs, Satur- cation Act. it is not clear when that will come day, and summer school to help stu- Last year, we did provide additional back. I continue to hope it will come dents catch up. Again, a failing school, assistance in this bill—this exact ap- back to the Senate floor so we can in many cases, needs those kinds of re- propriations bill we are debating today. complete that bill and send it to the sources. We provided $134 million for this pur- President. Third, provision of rewards to low- pose, and we need to follow through on I think that is a high priority that performing schools that show signifi- that commitment this year. the American people want to see us ac- cant progress, including cash awards We also agreed, on a bipartisan basis, complish before we leave this fall. and other incentives, such as release that these funds were necessary during When we resume consideration of time for teachers. the reauthorization of the Elementary that bill, I intend to offer an amend- Fourth, restructuring of chronically and Secondary Education Act, the bill ment that would address the area of ac- failing schools. In many cases, you which was reported out of the com- countability in all education programs. need a restructuring of a school. You mittee. Under S. 2, the chairman’s bill, This amendment will enhance the ex- need to replace some of the people in there would be an automatic setaside isting accountability provisions in the administration. You need to have a of increased funds for title I for this title I. As you know, this is the largest restructuring so that the school can purpose. Federal program in the Elementary start off on another foot. Unfortunately, as has been discussed and Secondary Education Act, and it Fifth, intensive technical assistance here at length, the Elementary and has been discussed before as to the from teams of experts outside the Secondary Education Act appears to be great good this program does. school to help develop and implement in limbo, and we are having great dif- We made some important changes to school improvement plans in these fail- ficulty getting back to it on the Senate title I. I indicated that the chairman’s ing schools. These are teams that go floor. It is simply irresponsible for us mark has some provision for a signifi- into the school and determine the to invest $9 billion—or nearly that—in cant increase in the amount of funds causes of the low performance—for ex- the title I program and, at the same that could be used for these account- ample, low expectations, outdated cur- time, still fail to provide necessary re- ability purposes. But under current riculum, poorly trained teachers, and sources to ensure that the States, dis- law, States and the school districts are unsafe conditions—and assist those tricts, and schools are held accountable not able to spend the money they need schools in implementing research- for how that $9 billion is spent. in this area. based models for improvement. Title I requires the States and dis- That is why the amendment I am of- Here is one example of what I am tricts to implement accountability and fering today is so important. talking about. A program with which assist failing schools. But we in the I hope very much that Senators will many of us have become familiar—I Congress have failed to give the States support the amendment. certainly have in my State—is called and districts the resources necessary to In my home State of New Mexico the Success for All. This is a program carry out those mandates. need is enormous.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12425 In 1994, fourth grade reading data schools. Last year Congress appropriated schools in need of improvement will be de- showed that an average of 21 percent of $134 million in Title I accountability funds nied the opportunity to receive funding for fourth graders in my State were read- to help aid over 7,000 schools identified as research-based models of schoolwide im- ing at a level that was considered pro- low performing. While CCSSO supports pro- provement. viding assistance to low-performing schools Delete the Gregg amendment adopted dur- ficient. through an increased state set-aside, the ac- ing Committee markup to allow community- There is a tremendous need for addi- countability grants are essential to help based organization (CBO’s) to apply for and tional resources in this area. The fact turn around our nation’s most troubled operate the 21st Century Afterschool pro- is that many of these students are mi- schools. Several of our states have already gram. This innovative program should be nority students, and many of these stu- expressed reluctance to undertake the new continued to be based at schools with ori- dents require the assistance that title I grants due to uncertainty over future fund- entation toward academic success through was intended to provide. We need to be ing. It is critical that the accountability after-school enrichment program targeted to sure that the accountability is there so grants be sustained and funding increased to disadvantaged youth. Current law has suc- the President’s request of $250 million, so cessfully promoted LEA–CBO partnerships to these funds are spent in an effective states and districts can continue to help im- expand learning opportunities for youth dur- way. prove these schools. ing non-school hours, weekends, and sum- I know that Senator REED is also Provide guaranteed funding to allow SEAs mers. Authorizing CBO’s to operate the pro- here on the floor and is a cosponsor of to continue the key functions of Goals 2000. grams alone would completely alter this this amendment. He would like to This funding is necessary for states and dis- partnerships and undermine the focus on speak to it. tricts to continue development and imple- academically-related extended learning. Ad- Let me indicate also, if I failed to do mentation of high standards for student ditionally, the funding level for this program so at the beginning of my comments, achievement with aligned assessments to is $400 million below the President’s request, that the amendment is offered on be- measure progress of students, schools, and which would result in 1.6 million fewer chil- systems. Goals 2000 has been the leading dren receiving services. half of myself, Senators REED, KEN- source of funds for localities and states to We urge the Senate to address these issues NEDY, MURRAY, DODD, and WELLSTONE. develop standards and innovative improve- during floor action. These changes together EXHIBIT 1 ment strategies. Funding for continuing with the commended strong bipartisan in- COUNCIL OF CHIEF these purposes must be included in Title II crease in funding for education programs STATE SCHOOL OFFICERS, or Title VI, ESEA. would provide an important new appropria- Washington, DC, June 21, 2000. Support the Murray and Harkin amend- tion for education. However, if the above Member, ments to provide separate, guaranteed fund- issues are not addressed, we cannot support U.S. Senate, ing streams for class size reduction and the bill. Washington, DC. school modernization. S. 2553 contains provi- We look forward to working with Members DEAR SENATOR: On behalf of the state com- sions for the use of a $2.7 billion block grant of the Senate to increase federal education missioners and superintendents of education, within Title VI, ESEA to allow funding for support which connects with state and local I write to comment on the FY2001 Labor, any programs that a LEA determines are efforts to strengthen classroom quality and Health and Human Services, and Education ‘‘. . . part of a local strategy for improving access to education excellence for all stu- Appropriations bill (S. 2553), which the Sen- academic achievement’’. While CCSSO dents. If we can be of any assistance to you ate Appropriations Committee passed last strongly supports a substantial increase in or answer any questions, please call me or month. While the Council is extremely funding for Title VI, Innovative Strategies Carnie Hayes, our Director of Federal State pleased with the bipartisan effort to signifi- to enable states and districts to continue de- Relations, at (202) 336–7009. As always, thank cantly increase the overall funding level for velopment and implementation of chal- you for considering our recommendations. education programs, we have several con- lenging standards and assessments, we op- Sincerely, cerns with education policy issues reflected pose block granting of education programs GORDON M. AMBACH, in the bill, as well as programs which are un- such as Class Size Reduction and School Executive Director. derfunded. Modernization. Block granting of federal Mr. GREGG. Mr. President, will the The Council applauds the Committee’s de- education programs leads to reduction of Senator be willing to enter into a cision to increase funding for education by federal funding, as evidenced by the 1981 con- unanimous consent that we vote on his over $4.6 billion, which is higher than the solidation of 26 federal education programs amendment, if there is a vote, at 5 President’s request. We are grateful that the with appropriations of $750 million. Today, Senate recognizes the need to substantially the appropriation for these programs is $375 o’clock? invest in education, and S. 2553 is responsive million. When adjusted for inflation, the cur- I withdraw my unanimous consent to recent polls that show 61% of the public rent appropriation is only one-fourth of the request. believe that the federal government does not $1.5 billion value these programs would have Mr. BINGAMAN. Mr. President, since invest enough in education. Specifically, we today if the programs prior to block grant- the Senator has withdrawn his request, are pleased that the bill increases funding ing were kept at 1980 levels. To be sustained I don’t agree to it. for programs such as Title I, IDEA, and voca- at effective levels, federal education funds I yield to my colleague from Rhode tional education, although these programs should be targeted to educational priorities Island, Senator REED, the cosponsor of still remain critically underfunded. that serve America’s neediest students. the amendment. Despite the high total funding level, there Separate programs for reducing class size The PRESIDING OFFICER. The Sen- are several elementary and secondary edu- and school modernization are essential. We cation issues included in the bill which urge the Senate to guarantee separate fund- ator from Rhode Island. greatly concern the Council. We urge adop- ing streams for these two critical programs Mr. REED. Mr. President, I rise in tion of amendments to address these issues. and to fund School Modernization at $1.3 bil- very strong support of Senator BINGA- Amendments are needed as follows: (1) re- lion and Class Size Reduction at $1.75 billion MAN’s amendment to provide additional store and increase resources to assist low- in FY2001. resources to support State and local performing Title I schools; (2) continue de- Support the Kennedy amendment to in- accountability efforts. Last year’s velopment and implementation of aligned crease funding for Teacher quality by pro- budget included these funds, and this state and local standards and assessments; viding substantial new funds for Title II, investment must be continued. (3) provide separate, guaranteed funding ESEA, and Title II, HEA. S. 2553 reduces I have worked long and hard on streams for class size reduction and school funding for teacher quality by over $500 mil- modernization; (4) increase funding for lion below the President’s request. This school accountability. But, frankly, teacher quality in Title II, ESEA and Title funding is necessary since schools will need the leader in this regard in this body is II, HEA; (5) restore and increase funding for additional resources to recruit and train the Senator JEFF BINGAMAN from New Mex- the Comprehensive School Reform Dem- 2.2 million new teachers needed in the next ico. He is a champion for ensuring that onstration program; and (6) delete provisions decade, as well as to strengthen the skills of Federal resources go to schools. But we that would allow community based organiza- current teachers. also provide incentives and opportuni- tions to operate the 21st Century Commu- Restore and increase funding for the Com- ties for accountability and for im- nity Schools program. The Council urges prehensive School Reform Demonstration provement, along with Federal dollars. adoption of the following amendments to S. program. This highly successful program has 2553: been in existence for 3 years and has pro- His efforts have been in the forefront of Support the Bingaman amendment to re- vided critical assistance to our nation’s this great effort to improve the quality store and increase funding for Title I ac- neediest schools and students. By elimi- of our education and the quality of our countability grants to assist low-performing nating funding for CSRD, more than 3,000 schools.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12426 CONGRESSIONAL RECORD—SENATE June 27, 2000 The Federal Government directs over In fact, we know those students in our fering what I think is about as impor- $8 billion a year to provide critical sup- lowest performance schools will imme- tant an amendment as you can have, port for disadvantaged students under diately and directly benefit from the when it comes to the issue of edu- title I. But even with this great Bingaman amendment because studies cation. Regrettably, we have aban- amount of money—$8 billion—there are clearly show that students in low-per- doned—I hope only temporarily—the still insufficient resources to provide formance schools are at least a year or Elementary and Secondary Education for the accountability provisions that two behind students in the high-per- Act, the authorization bill. That bill is are part of title I. forming schools within the title I uni- only dealt with once every 6 years by We essentially face a situation, given verse. the Congress. It is the bedrock piece of the number of students who qualify for As we provide these resources, we legislation that deals with the elemen- title I and the limited resources for the need to focus them on the more prob- tary and secondary educational needs program, where most of the funds go lematic schools so we can help dis- of America’s children; the some 50 mil- simply to providing services and not advantaged children to attain better lion who attend our public schools the type of careful overview and educational achievement throughout every day of the school year. Of the 55 thoughtful review that is necessary for our country. million or so children who go to ele- program improvement. We are still in the midst of trying to mentary and secondary schools, rough- With the resources that are proposed reauthorize the ESEA. Within the con- ly 50 million of them attend a public by Senator BINGAMAN, we will be able text of that act, Senator BINGAMAN has school. to identify more closely and more ac- other accountability language which I Despite the efforts of the committee curately schools in need of improve- am proud to support with him. of jurisdiction—we spent 2 or 3 days ment. We will be able to provide assist- But we have a critical opportunity— discussing the Elementary and Sec- ance for activities like professional de- and we are at a critical juncture ondary Education Act—we have now velopment and technical assistance to today—to provide resources and direc- decided we are no longer going to de- schools so that they can in effect im- tions so that the accountability issue bate that or discuss that issue any prove their performance and imple- at least will not have to wait upon longer. I think that is a tragedy when ment State corrective actions for final reauthorization of the ESEA if we consider how important to the schools that we should and must im- that final reauthorization is indeed American public is the issue of edu- prove. forthcoming in this legislative session. cation, how important it is to Today, as I mentioned before, most of I once again commend Senator strengthen our schools. Everyone the dollars are simply going out to BINGAMAN for his leadership. knows so many of them are in des- meet this overwhelming demand for I conclude by simply saying that we perate need of help. That we cannot services without the ability to review, have a situation where there is a great find the time—only once every 6 evaluate, and correct programs. With deal of knowledge and a great deal of years—to talk about this issue is de- this ability we would not only get the intuition at the local level about how plorable. best results for our dollars, but we they can improve this program. It was through the efforts of my col- could materially improve the edu- These resources in the hands of local league from New Mexico, in fact, that cational attainment of children school authorities would make a real we were able to provide language in the throughout this country, and particu- difference in the lives of disadvantaged Elementary and Secondary Education larly disadvantaged children under children, and would ultimately go to Act to deal with the issue of account- title I. the heart of, I believe, what our great- ability in our public schools. I regret In 1994, much of the impetus for ac- est challenge in this country is, which this bill has been abandoned. I hope we countability began with the prior reau- is to use education to provide all of us, will get back to it, although I am thorization of the Elementary and Sec- but most particularly the most dis- doubtful that will be the case. But, if ondary Education Act. advantaged Americans, the oppor- we do, we will have a chance to further The 1994 amendments allowed States tunity to learn, to succeed and to con- discuss it. to move forward and develop their own tribute to this country and to our econ- The Senator from New Mexico has of- content performance standards and to omy. I urge passage of the Bingaman fered an amendment to set aside $250 develop their own assessment measures amendment, and I yield to the Senator million within title I to help States to provide the details for our direction from New Mexico. implement effective programs to turn to improve the accountability of title I Mr. BINGAMAN. Mr. President, I am around failing schools. Last year, $134 money. informed there is no time agreement; is million was appropriated for this pur- But as I mentioned—this is a con- that correct? pose, and the committee’s appropria- stant theme—because of limited re- The PRESIDING OFFICER. It is the tions bill does not include any funding sources, there is the difficult choice be- Chair’s understanding that there is no for accountability grants. The Presi- tween providing the service and doing time agreement. dent requested $250 million, and this the accountability. Mr. BINGAMAN. Mr. President, we amendment meets that request. On a day-to-day basis, States try to do have one other Senator who I be- The fact that the proposal coming keep up. But over time, they are falling lieve is on his way to the floor and out of the committee disregards ac- behind in terms of improved perform- wishes to speak. If there are any Sen- countability altogether is a stunning ance and improved quality of education ators wishing to speak in opposition, failure to recognize how important it is for students. What results is States we will be glad to hear from them. that we make a concerted effort to put can’t as effectively address weaknesses Mr. President, I suggest the absence these failing schools back on their feet. that they see. They can’t invoke a pro- of a quorum. What is title I? We talk in terms of gressively intensive range of interven- The PRESIDING OFFICER. The titles, dollar amounts, and alphabet tions to improve schools. They can’t do clerk will call the roll. soup when it comes to certain pro- the continuous assessments that are The legislative clerk proceeded to grams. Title I is the basic education necessary to keep these programs on call the roll. program to provide assistance to the target, focused, and provide quality Mr. DODD. Mr. President, I ask unan- most disadvantaged students in the education for all of our children. imous consent that the order for the country, whether they live in urban, The amendment, which the Senator quorum call be rescinded. rural, or suburban areas. from New Mexico proposes, would pro- The PRESIDING OFFICER (Mr. Roughly $8 billion, more than half vide resources for schools and school GRAMS). Without objection, it is so or- the entire Federal budget’s commit- districts to enable them to address the dered. ment on education, goes for title I, dis- challenges of helping low-performance Mr. DODD. Mr. President, I commend advantaged students. In fact, it is an students and low-performance schools. our colleague from New Mexico for of- indictment of the Federal Government

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12427 that we only contribute less than one- ting them down is not the answer. Get- contribute, one-half of 1 percent rep- half of 1 percent of our entire Federal ting them to perform better is. Setting resents 7 cents when it comes to an budget to elementary and secondary positive accountability standards is education dollar; 93 cents come from education. Imagine, less than one-half one of the ways to help achieve that our States and mostly local govern- of 1 percent of the entire Federal budg- goal. That is what the Senator from ments who support the educational et goes to elementary and secondary New Mexico is offering in this amend- needs of the local communities. When education, despite the fact that most ment: Some dollars allocated and set- we get to our poorest communities in Americans say with a single voice that ting accountability standards will help rural America—I know the Presiding education is about as important an us achieve the desired results. Officer can relate to this; he represents issue as this country has to address. As we all know, despite concerted ef- a very diverse State, one that has Despite those feelings, we contribute a forts by States and school districts, ac- strong urban areas but strong rural tiny fraction of the entire Federal countability provisions in title I have areas as well—when we get to a poor budget to this most compelling need. not been adequately implemented due rural community or poor urban area, Of the $15 billion we spend on edu- to insufficient resources. When we have the tax base, in many cases, does not cation, half is spent on these disadvan- a budget, such as this one, that does exist to provide for the educational taged children through title I. That is not allocate even a nickel for account- needs. title I. ability, we cannot give a speech about My hope is in the coming years we Senator BINGAMAN has offered an accountability and then not provide are going to do a better job of being a amendment that provides that of the any of the resources to see to it that better partner with local towns, a bet- $8.3 billion, we are going to allocate accountability is achieved. ter partner with our States, so the Fed- $250 million, which is not included in In 1998, to make the point, only 8 eral Government is contributing a the present bill. It provides $250 million States out of the 50 reported that greater share, about $1. Seven cents to do something to get these failing school support teams were able to out of 100 cents toward the needs of schools back on track. serve the majority of schools identified America’s children in the 21st century It has been suggested that a failing as being in need of improvement. Less is an appalling indictment of failing to school ought to be shut down. I under- than half of the schools identified as in improve the quality of education. stand the frustration that leads people need of improvement in the 1997–1998 I do not know of a single Senator to that conclusion, but too often when period reported they received addi- who dissents when it comes to the we shut down one of these schools, tional professional development or issue of accountability, making sure there are no great alternatives around technical assistance. these students are coming out of edu- the corner for these children. There is It seems quite obvious we need to cational institutions with the abilities, not that well-run little parochial strengthen title I with only 8 States the talents, and the knowledge they school or some private school to which out of 50. Even among those States, the need to move on. On this we can all these children can go. Too often these results are paltry when it comes to ac- agree. We have to not just talk about schools exist in the worst neighbor- countability. We clearly need to do a it, we have to invest in it. hoods and worst areas of the country in far better job if we are going to give The Senator from New Mexico has of- terms of economics. We need to do these students and these families a fered a proposal that will at least put something to get these schools back on chance to have a school to continue some dollars into the accountability track and functioning well so these and provide the education these chil- standards, along with the language children, who, through no fault of their dren ought to be receiving. that tells how best to achieve account- own, are born into these circumstances We have to strengthen title I to ability. I strongly endorse this amend- in these neighborhoods and commu- make more schools more accountable ment and hope our colleagues will sup- nities across the country, have a for the academic success of all the chil- port it. chance. It is one thing to talk about account- dren who attend them and to assure I thank the distinguished managers ability, but the Senator from New Mex- States and districts do all they can to of this bill, Senator SPECTER and Sen- ico has offered some strong, thoughtful turn around failing schools by using ator HARKIN, for their willingness to language on how to achieve that ac- proven, effective strategies for reform. provide for a new and significant in- countability in our Nation’s edu- We must make all schools account- vestment in child care. I have been cational system. We have shifted our able for good teaching and improved critical about the accountability focus from what the Federal education student achievement. We cannot turn standards and the lack of funding. Be- dollar has bought to more on outcome: our backs on low-performing schools, fore those remarks, I should have com- What do you get; what comes out of as I said. We must do all we can to im- mended them for the work they have that school. prove them. If all else fails and we have done on child care. As most of my col- It is a worthwhile shift to begin to to close them down, that is one thing, leagues know, I have spent a good part determine what schools are producing, but if we jump to close schools without of my career in the Senate trying to how well are these children prepared to trying to improve them, too often we improve the quality of child care in move on to the next level of education abandon these young students. this country. This bill raises the level to become productive citizens of our School districts and States need the of the child care development block country, good citizens, and good par- additional support. Less than one-half grant to a total funding of $2 billion ents. There are too often a staggering of 1 percent of the entire Federal budg- which will allow an additional 220,000 number of schools that fail when it et is dedicated to education, and we are children across this country to be comes to outputs. talking about $250 million out of the served in a child care setting. Effective accountability measures is title I resources to improve the ac- To put this investment in perspec- what business leaders call quality con- countability standards. My view, and I tive, I note that this year’s increase in trol measures. They determine whether think the view of most of us, is that we funding of child care is double the pro- students are achieving to the high ought to act now and make these gram’s growth in the previous 10 years standards they ought to be, to make schools more accountable for these dis- of its existence. This funding rep- sure public dollars are being spent advantaged children. I am hopeful that resents the fruits of 2 years of bipar- wisely. Accountability is especially im- will be the case. tisan efforts. portant in schools with high concentra- Again, I congratulate our colleague In addition to thanking the chairman tions of disadvantaged students to en- from New Mexico for offering this and ranking member of this appropria- sure all students have an opportunity amendment. I mentioned one-half of 1 tions subcommittee, I want to recog- to meet high standards of achievement. percent of the Federal budget is spent nize individuals who have fought long In our view, we must spur change and on elementary and secondary edu- and hard to provide this assistance to reform in these failing schools. Shut- cation. Out of 100 cents in the dollar we America’s working families.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12428 CONGRESSIONAL RECORD—SENATE June 27, 2000 My colleague from Vermont, Senator This appropriation will assist the need- offering this afternoon, we have an op- JEFFORDS, my colleagues from Maine, iest people in the country, the neediest portunity, again, to make that happen. Senator SNOWE and Senator COLLINS, who are out there working every day to I am proud to report that classrooms and my colleague from Massachusetts, provide for their families and also need across America are less crowded this Senator KENNEDY, who has been a stal- to have a decent place, a safe place— year than they were last year. In fact, wart in fighting for this issue for many hopefully, a caring place—where they this year, 1.7 million children benefited years. There are a lot of other people can leave their child in the care of oth- from less crowded classrooms. The rea- here who have been involved. ers when they go off to work and pro- son those students are learning in Senator John Chafee, who was a ter- vide for their economic needs. smaller classes is because this Congress rific fighter on many issues—by the I applaud the committee for its ef- made a commitment to help local way, Parade magazine, this past Sun- forts in that regard. But as I said at school districts hire 100,000 new fully day, had a wonderful story by Mr. the outset, I am very disappointed we qualified teachers. We are now about Brady, who served with John Chafee in have not done more in the area of ac- one-third of the way towards reaching Korea. It was a wonderful piece about countability when it comes to elemen- that goal. John Chafee’s service in the Korean tary and secondary education needs By all measures, this has been a very war, as we remembered the veterans of and our failing schools. successful program. Given the progress that conflict that began 50 years ago In this context, I urge the adoption we have made, many parents and the day before yesterday. of the Bingaman amendment. teachers would have a hard time be- John Chafee was a tremendous fight- The PRESIDING OFFICER. The Sen- lieving that this Congress is about to er and great ally when it came to child ator from Alaska. abandon its commitment to reduce care. I do not want to conclude these Mr. STEVENS. Mr. President, I ask class size, but that is exactly what the remarks without mentioning his won- unanimous consent that the pending bill before us would do. It would aban- derful contribution in this area. business be set aside in order that the don our commitment to helping school The funding allocation that is in this Senate may consider Senator MUR- districts reduce classroom over- bill demonstrates that helping working RAY’s amendment concerning class crowding. families is not a partisan issue. I am size. This bill would take the promise of glad to report that, in fact, in the last The PRESIDING OFFICER. Without smaller classes and yank it away from year, on four different occasions, we objection, it is so ordered. students and parents and teachers. had votes on child care in the midst of The Senator from Washington. This underlying bill does not guarantee some very tense and heated debates. In AMENDMENT NO. 3604 funding for the Class Size Reduction every single instance, this body—by a (Purpose: To provide for class-size reduction Program as it is currently written. If it fairly significant margin—supported and other activities) is passed without the amendment I am increasing the allocations for child Mrs. MURRAY. Mr. President, I send offering, school districts across the care. It did not get done in conference an amendment to the desk and ask for country cannot rely on having the reports, with the House of Representa- its immediate consideration. money available to hire new teachers tives, in the first session of this Con- The PRESIDING OFFICER. The or to pay the salaries of the teachers gress. clerk will report. they have already hired. But Senator SPECTER told me last The assistant legislative clerk read I have talked to hundreds of local year: I promise you this year we will as follows. educators, parents, and students. To put the dollars in to get that level up The Senator from Washington [Mrs. MUR- to $2 billion. He did so. I thank him for them, that is unacceptable. That is RAY] proposes an amendment numbered 3604. fulfilling that commitment, not to me why I have come to the floor today to so much but to the working families in Mrs. MURRAY. Mr. President, I ask offer my amendment that would con- this country, who need this help tre- unanimous consent that reading of the tinue our commitment to reducing mendously. amendment be dispensed with. class sizes. So for 220,000 families who do not The PRESIDING OFFICER. Without Under this successful program, we have the choice of staying at home or objection, it is so ordered. have hired 29,000 new teachers, and we going to work but must work, either as The amendment is as follows: have given 1.7 million students across single parents or two-income-earning On page 29, line 12, before the period insert the country less crowded classrooms. parents, who need the resources to pro- the following: ‘‘: Provided further, That Clearly, we are making progress, but vide for their families, decent child $1,400,000,000 of such $2,700,000,000 shall be we can’t be satisfied with the status available, notwithstanding any other provi- care is worthwhile. quo. We need to bring the benefits of sion of law, to award funds and carry out ac- smaller classes to more students. It is I note, just as an aside on this issue, tivities in the same manner as funds were we have a wonderful child care facility awarded and activities were carried out clear that smaller classes help students that serves the family of the Senate. under section 310 of the Department of Edu- learn the basics with fewer discipline One of our colleagues, JOHN EDWARDS cation Appropriations Act, 2000: Provided fur- problems. Parents know it. Teachers of North Carolina, is the proud father ther, That an additional $350,000,000 is appro- know it. Students know it. of a new baby, but also has another priated to award funds and carry out activi- On the chart behind me, I have listed young child. He brought the child to ties in the same such manner’’. some of the benefits of smaller classes. the child care center in the last few Mrs. MURRAY. Mr. President, I ask They include better student achieve- days to receive the services of that set- unanimous consent to add as addi- ment, something every Senator has ting. tional cosponsors Senators BIDEN, come to the floor to speak for; fewer He was notified that in the 35-year DODD, ROBB, WELLSTONE, KENNEDY, discipline problems, something about existence of the child care center that TORRICELLI, REED, LAUTENBERG, REID, which we hear constantly; more indi- serves the Senate family, he is the first LEVIN, AKAKA, and BINGAMAN. vidual attention; better parent-teacher Member of the Senate who actually has The PRESIDING OFFICER. Without communication; dramatic results for a child in that child care center. Cer- objection, it is so ordered. poor and minority students. tainly, we get some indication of Mrs. MURRAY. Mr. President, I come As a former educator, I can tell the maybe why we have not been as aggres- to the floor this afternoon to argue, Senate, there is a difference between sive in pursuing the child care issues, again, that no child should have to having 35 kids in your classroom and when for obvious reasons—age and so struggle for a teacher’s attention in an having 18 kids in your classroom. With forth—Members here are not likely to overcrowded classroom. Every child de- 35 kids, you spend most of your time on have children of child care age and serves a classroom environment where crowd control. With 18 kids, you spend needs. they can learn and grow and get indi- most of your time teaching. But it is But most Americans who have young vidual attention from a caring, quali- not only my experience. National re- children and work have a need today. fied teacher. With the amendment I am search proves that smaller class sizes

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12429 help students learn the basics they ciplined environment. I am also proud are put into block grants with no spe- need in a disciplined environment. that the class size program is simple cific purpose, such as title VI, are A study that was conducted in Ten- and efficient. The school districts sim- much less effective in targeting re- nessee in 1989, which is known as the ply fill out a one-page form, which hap- sources to our neediest students. Under STAR study, compared the perform- pens to be available online. Then the the class size program, money is tar- ance of students in grades K through 3 Department of Education sends them geted to those needy students. For ex- in small and regular size classes. That money to hire new teachers based on ample, from the State level, funds are study found that students in small need and enrollment. The teachers targeted 80 percent based on poverty classes, those with 13 to 17 students, have told me they have never seen and 20 percent based on student popu- significantly outperformed other stu- money move so quickly from Congress lation. The program is designed to dents in math and in reading. The to the classroom as under our class size make sure economically disadvantaged STAR study found that students bene- bill. students who benefit the most get fited from smaller classes at all grade Linda McGeachy in the Vancouver smaller classes. We know poor and mi- levels and across all geographic areas. school district in my State com- nority students can make dramatic The study found that students in small mented, ‘‘The language is very clear, gains in less crowded classrooms. And classes have better high school gradua- applying was very easy, and their funds this amendment targets new teachers tion rates. These were kids who were in really work to support classroom directly to those vulnerable students. smaller classes in kindergarten teachers.’’ Without my amendment, however, through the third grade. They found, as The class size program is also flexi- there is no guarantee those poor stu- they followed them through later on, ble. Any school district that has al- dents will get the support they need. they had better high school graduation ready reduced class sizes in the early Let me be clear. A block grant that rates, higher grade point averages, and grades to 18 or fewer children may use is not targeted toward a specific edu- were more inclined to pursue higher the funds to further reduce class sizes cational purpose fails to ensure that education. Certainly these are goals in the other early grades. They can use our most vulnerable students get the this Senate should be proud of helping it to reduce class sizes in kindergarten resources they need. We need to pass to achieve. or they can carry out activities to im- this amendment so we can guarantee According to the research conducted prove teacher quality, including profes- those students can benefit from small- by Princeton University economist, Dr. sional development. er class sizes. Alan Kruger, students who attended I am sure some Members are going to Before I close, I want to make one small classes were more likely to take argue that schools could still hire final point. We are going to continue ACT or SAT college entrance exams. teachers if they wanted to by using the this program sooner or later. The That was particularly true for African title VI funding in this underlying bill. President has made it clear that he Americans students. According to Dr. Now, that may sound good at first, but will veto this bill unless it funds the Kruger: it doesn’t recognize the reality of how Class Size Reduction Program. His school boards work. The language in track record on this is pretty clear. He Attendance in small classes appears to has stood up for the class size program have cut the black-white gap in the prob- the underlying bill won’t work. Mr. ability of taking a college-entrance exam by President, I served on a local school time and again in the past. So the real more than half. board. Finding the money to hire and question is, Are we going to vote to Three other researchers at two dif- train new teachers requires a financial fund the program now, in June, or are ferent institutions of higher education commitment over many years in the we going to wait until the end of the found that STAR students who at- face of many competing priorities. fiscal year, sometime in October, when the clock is running and the congres- tended small classes in the early K That is one of the reasons why school sional majority has to negotiate again through 3 grades were between 6 and 13 districts have so much trouble reduc- with the President? months ahead of their regular class ing class size without our Federal part- We should do it now. We should pass peers in math, reading, and science in nership. this amendment now, early in the proc- Last year, we told school districts we each of grades four, six, and eight, as ess, so that school boards across Amer- would give them the money to hire they followed them through. ica will have a clear indication that In yet another part of the country, a teachers for 7 years. They heard our money for their new teachers will be different class size reduction study commitment and they hired more than there. reached similar conclusions. The Wis- 29,000 new teachers. Unfortunately, In closing, this amendment gives my consin SAGE study, Student Achieve- today, this underlying bill asks school colleagues the opportunity to support ment Guarantee in Education, findings districts to choose whether or not to one of the most successful efforts we from 1996 through 1999 consistently keep those teachers, without any as- have ever seen in our schools in years. proved that smaller classes result in surance that the money will still be This amendment gives us a chance to significantly greater student achieve- there in the coming years. fix the underlying Labor-HHS bill so ment. I can tell you, if I were still on a that our students are not trapped in Class size reduction programs in the school board, I would find it very dif- overcrowded classrooms. Let’s invest State study resulted in increased at- ficult to keep those teachers, not in the things we know work. Let’s sup- tention to individual students. It pro- knowing if I would have the money for port local school districts as they work duced three main benefits: Fewer dis- them in the future. That is why we to hire new teachers, and lets keep our cipline problems and more instruction; need to protect that money and guar- commitment to America’s school- more knowledge of students; and more antee that it goes to reduce class sizes. children so that they can learn the ba- teacher enthusiasm for teaching. Because this bill abandons our commit- sics in a disciplined environment. The Wisconsin study also found in ment as a Federal partner, it leaves This is an issue we have worked on smaller classes teachers were able to school districts with a false choice, and for some time, and the underlying bill identify the learning problems of indi- it means our kids are going to lose out. will not keep our commitment to class vidual students more quickly. As one We should keep our commitment to re- size that is so important, that so many teacher participant in the State class ducing class size. parents, students and teachers are size reduction study said, ‘‘If a child is There is another reason why my waiting for us to make. That is why having problems, you can see it right amendment is so necessary, another this amendment is so important. away. You can take care of it right critical reason why using the general I see that my colleague from Massa- then. It works a lot better for chil- title VI funding is not an adequate sub- chusetts is here. dren.’’ stitute. I have discussed this, as my Mr. KENNEDY. I wonder if the Sen- The data is conclusive. Smaller class- colleagues know, many times on the ator will be good enough to yield for a es help kids learn the basics in a dis- floor of the Senate—why programs that question or two.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12430 CONGRESSIONAL RECORD—SENATE June 27, 2000 Mrs. MURRAY. I am happy to. schools. It was initiated in 1985 and has All of these studies have followed up Mr. KENNEDY. Mr. President, I have had extraordinarily positive and con- on what we have been able to do in re- had the good opportunity to listen to structive results in terms of academic ducing class size and have shown the the persuasive arguments of the Sen- success for children. same benefits of better student ator from Washington. Does the Sen- I was in Wausau, WI, and met with a achievement, fewer discipline prob- ator from Washington agree with me number of people who are involved in lems, and better test scores for stu- that historically the Federal role of the SAGE Program, which was devel- dents as they moved into the upper helping local schools assist the most oped in 1995. Again, it is a program for grades. economically disadvantaged and chal- smaller class size. It is astounding to me that we had a lenged children in this country has The SAGE program is intended to bipartisan agreement 2 years ago to been very limited? This was basically help raise student academic achieve- begin to reduce class size and every the origin of the Title I program back ment by requiring that participating year, it seems, we have to come back in the mid-1960s. We have had some schools do the following: reduce the and argue this again, debate it again, success and we have had some failures. student-teacher ratio in class sizes move on to a vote, then get to a point But I think the successes have been in from 15 to 1 in K through 3; stay open in October where we again amend the the most recent time. for extended hours; develop vigorous budget, and finally put it in the budg- This is where we have been focusing academic curriculums; and implement et. our limited resources. However, the plans for staff development and profes- It seems to me, and I assume to the change in the formula in the under- sional accountability. Senator from Massachusetts, that we lying bill, which is in complete con- I listened to the Senator speak about would be smarter to put it in the bill trast to what the Senator from Wash- each of these issues. In Wisconsin, they now so school districts that are trying ington has drafted, would target 80 per- had at least one school serving 50% or to figure out what we are doing will cent of the funds for the neediest chil- more children living in poverty was eli- have the knowledge that this program dren, and 20 percent for the population. gible to apply for participation in will continue; that they can begin to Now we are finding out that there has SAGE. One school, with an enrollment hire their teachers, as they do in the been a dramatic shift and the guiding of at least 30% or more children living months of June and July, and be ready force is going to be the population. So in poverty, in each eligible district to move on without the question of this whole block grant which has been could participate. Again, it is targeted being left out there. explained to be available for smaller among the most challenged children. Mr. STEVENS. Mr. President, will class size really isn’t going to be tar- The evaluation done on the 30 schools the Senator yield for one second with- geted or really available to the chil- that implemented the program is abso- out losing her right to the floor? dren who probably need it the most. lutely remarkable. Mrs. MURRAY. Mr. President, I yield Am I correct in my understanding that In the SAGE Program, from 1996 to to the Senator from Alaska without this is one of the concerns the Senator 1997, and again in 1997 to 1998, first losing my right to the floor. has pointed out? grade classrooms scored significantly Mr. STEVENS. Mr. President, on be- Mrs. MURRAY. Mr. President, the higher in all areas tested. half of the leader, I ask unanimous Senator from Massachusetts is abso- In 1997–1998, achievement advantage consent that votes occur in stacked se- lutely correct. There is a role for local was maintained in the second grade quence following the 5 p.m. vote on the school districts. There is a role for classrooms. Wellstone amendment with 4 minutes States, and there is a role for Federal The achievement benefit of SAGE equally divided prior to each vote for Government, however small it is, in small class size was especially strong explanation on or in relation to the this country in terms of education. for African-American students. In 1997– Bingaman and Murray amendments, in The public has told us overwhelm- 1998, the SAGE first grade post-test re- that order, and no second-degree ingly time and time again they want sults showed that African-American amendments be in order prior to the the Federal role to remain. The Fed- students were closing the achievement votes on any of these amendments. eral role, historically, has been to gap. The PRESIDING OFFICER. Without make sure the most needy and dis- Further, the analysis suggests that objection, it is so ordered. advantaged students in the country, the teachers in these classrooms have Mr. KENNEDY. Mr. President, if I wherever they are, are not left behind. greater knowledge, to which the Sen- could just ask the Senator a question. In the class size amendment, we tar- ator from Washington spoke. They My State of Massachusetts hires an get the funds directly to those kids be- spend less time managing their class average of about 500 teachers each cause they need it the most and they and they have more time for individ- year. That is certainly not going to are helped the most by it. The under- ualize instruction emphasizing a pri- solve all of the problems. But it is lying bill, which I am amending, as the marily teacher-centered approach. making an important difference in my Senator from Massachusetts stated, This has had extraordinary success— State, particularly when we know we block grants the money to title VI it has been tried. When the Murray have hired qualified teachers, and par- funds and therefore is block granted to amendment was first accepted, it had ticularly when we know that across the all students, and it is not what the broad bipartisan support. That is why country we have hired 50,000 unquali- Federal role has been or should con- many of us find it troubling. When we fied teachers. We are getting qualified tinue to be. So the Senator from Mas- have something that we know has been teachers who are involved in these pro- sachusetts is absolutely correct that successful, why are we moving in a dif- grams. The selection of these teachers this amendment is important. ferent direction? Will the Senator help are worked out through the local proc- Mr. KENNEDY. Further, there are no me understand that in some way? ess. That is a decision, I understand, provisions to target these funds to the Mrs. MURRAY. Mr. President, the that is made locally. poverty districts, which runs in com- Senator from Massachusetts is correct. Unless the Senator’s amendment is plete conflict as to what we under- There have been a number of studies successful, what is going to happen to stand. We are all for additional funding that have followed class size reduc- these teachers who have been effec- in terms of education, if the States tion—from the Tennessee study in 1985 tively hired with the understanding want to do it. But the funding, histori- and 1990; the STAR study in 1996–1997; that they are going to have the respon- cally, that we have provided has been the SAGE Program that the Senator sibility of teaching children in smaller targeted to those areas of special from Massachusetts mentioned in 1998– class sizes? needs. 1999; the educational testing service We are now in the summertime. What I have been enormously impressed study in 1997; New York City school sort of message does this send to school with Project STAR in Tennessee, study in April 2000; the Council for boards, to teachers, and particularly to which studied 7,000 students in 80 Greater City Schools in October of 1990. parents who may be looking forward to

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12431 their child staying in a smaller class budget debate in October where we are Teacher Quality Initiative. It mentions size in the next year, if the Murray going to be having the President say he the $1.2 billion additional funds to amendment is not accepted? will veto the budget without this. And school districts, returned to local Mrs. MURRAY. Mr. President, I re- we will be making a decision in Octo- schools for smaller class sizes. Then spond to the Senator from Massachu- ber that we could very easily and sim- Mr. GOODLING said: setts by reminding my colleagues that ply make today. This is a real victory for the Repub- I formerly served on a school board. I That is why this amendment is so lican Congress, but more importantly, can tell you what you do in the months important. it is a huge win for local educators and of June and July. You hire teachers Mr. KENNEDY. Who loses out, if that parents who are fed up with Wash- and renew contracts. School districts is the case? ington mandates, red tape and regula- out there that have used the Federal Mrs. MURRAY. First of all, our stu- tion. We agree with the President’s de- dollars that we have provided them for dents, because they won’t have the op- sire to help classroom teachers, but our the last 2 years have hired those teach- portunity to be in a small class to proposal does not create big, new fed- ers and they now have to make a com- which we committed. eral education programs. Rather our mitment to continue. I know parents today with kids in proposal will drive dollars directly to For example, the Takoma School kindergarten who maybe had an older the classroom and gives local educators District in my home State of Wash- child in first or second grade, because more options for spending federal funds ington used the class size dollars to re- of reduced class sizes, have called, say- to help disadvantaged children. duce class sizes of 58 first grade class- ing: Please, my second child is on the Mr. Gingrich called it, ‘‘a victory for rooms. In that school district, they way. For my first child, it has made the American people. There would be now have 15 students in those class- such a difference in their life, being in more teachers and that is good for rooms. It has made a tremendous dif- a smaller class size. Make sure my sec- Americans.’’ Mr. ARMEY said the same. ference. But they have hired these ad- ond child coming behind them has the At one time, there was very strong ditional teachers, and they are now same opportunity. support. The only thing that happened looking at the underlying bill that we That is what we are talking about in the meantime is the record has dem- have which says to them that this is today. So kids in these classrooms can onstrated that it is even more effective now going to be a block grant with no read, learn, write, have an adult who than we could have imagined. guarantee that this money will go to has the time to pay attention to them. I am hopeful this Senate will go on the most needy 80 percent of the That is what this amendment guaran- record in support of the Murray amend- schools. Under the block grant pro- tees to students in this country. ment. I am also hopeful it will support gram, they are going to lose some of I have taught before. I know what it the Bingaman amendment on account- the money in their districts for these is to have too many kids in your class- ability. We spent a great deal of time teachers. They, therefore, right now room, especially in today’s over- on that issue. It is enormously compel- can’t make a commitment to these crowded classrooms across this coun- ling. The most recent GAO studies in- teachers that they will be able to hire try. Kids come with all kinds of prob- dicate the reasons that should be sup- them again in September. lems that many professionals did not ported. I hope we will support the This sends a very bad message to experience when we were in classrooms Wellstone amendment to make sure we local school boards across the country many years ago. In my classroom, I provide resources. At a time when we that have hired teachers. And school had an experience sitting with 24 4- have the record surpluses in this coun- boards are not going to be able to make year-old kids talking about the ABCs. try, it seems to me we ought to be able the commitment that they need to When I called on one child, he looked to use some resources to reach out, make. That is why this amendment is directly at me and said: My dad did not help, and assist children who would so important. It will send a message come home last night; the police ar- otherwise be eligible if there were today—right now, almost at the end of rested him. those resources, and give them a good June—that they can make a commit- I didn’t have the time to stop and start from an education point of view. ment to those teachers. deal with a child who certainly was in I thank the Senator from Washington Being a teacher right now is ex- a traumatic situation because I was for bringing this matter before the tremely difficult, as the Senator from going to lose the attention and the Senate. I hope we will have a strong Massachusetts well knows. Most teach- ability to discipline 23 other kids im- vote. ers aren’t paid well. They have trouble mediately. Mrs. MURRAY. I thank the Senator staying in schools because of the many With a class size of 15, and a child from Massachusetts for his questions, challenges that are there already with coming to the classroom with trau- comments, and support. I, too, am sur- this kind of uncertainty: Well, we matic problems, the teacher will have prised our Republican colleagues, who might be able to hire you. You have to the time to sit down and deal with that took full credit for this several years wait and see what Congress does in a child. ago when we began it, sending out couple of months because they haven’t I wonder what happened to that 4- press releases touting it, don’t under- given us a commitment. We are not year-old. That was several years ago. I stand this issue is still as powerful. sure you are going to be able to go wonder what happened to him. If I had I have talked to many of my col- back. If I were a teacher in those cir- the time to deal with him, he would leagues who have gone home to their cumstances, I would be out finding an- probably be doing better today. States and visited classrooms where other job immediately. These teachers We have a responsibility, for so many Federal dollars were used to reduce have to put food on the table, pay their reasons, to continue this funding. The class size. The accolades received from rent, and they have all the expenses most important reason is because of the kids, the parents, the teachers, the the rest of us have. They can’t live in the kids. people who work with the kids are tre- an uncertain job market such as this. Mr. KENNEDY. I have heard the Sen- mendous. We have a responsibility to tell them ator from Washington tell that story I offer to my colleagues on the other the truth and to tell them what we are on other occasions, but I find it as pow- side, who have consistently voted doing. By passing the underlying erful and as important hearing it against this, if Members want to have amendment today, we will send a mes- again. a good experience, vote for this amend- sage to those school boards that they Does the Senator remember the first ment, go home to a classroom and talk can give a commitment to those teach- time the Class Size Reduction Amend- to the kids, the parents, and the teach- ers, and those teachers will know ment was accepted, and later it was ers who have been directly impacted. where they will be in September. With- promoted as one of the major achieve- You will see some of the good that out passage of this amendment, I guar- ments by the Republican Policy Com- comes from voting on an amendment antee you that we are going to be in a mittee? It was achievement No. 13: such as this.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12432 CONGRESSIONAL RECORD—SENATE June 27, 2000 I see the Senator from Minnesota is tive—it will; not because it prevents NOT VOTING—1 on the floor. them from dropping out of school—it Inouye Mr. WELLSTONE. I thank my col- will help; not because it makes a dif- The PRESIDING OFFICER (Mr. league. ference in terms of not dropping out of SMITH of Oregon. The Senate will be in I ask one question so the Senator can school or winding up in prison—that is order. finish a very moving presentation. true. Vote for it because the vast ma- Mr. BYRD. Mr. President, I ask for When I am in schools, which is every 2 jority of them are under 4 feet tall. order. weeks, I always have a discussion with They are all beautiful and we ought to The PRESIDING OFFICER. The Sen- the students about education, and I ask be nice to them. We ought to be able to ate will be in order. them what makes for good education. provide them with some more assist- Will Senators please take their con- They talk about good teachers, and ance. versations out of the Chamber. they talk about smaller class size. I I yield the floor. Mr. BYRD. Mr. President, I ask that ask my colleague, Is that the experi- The PRESIDING OFFICER. The Sen- the well be cleared. ence the Senator has? ator from Alaska. That includes everyone. This is an amendment for all Sen- Mr. STEVENS. A point of order has The PRESIDING OFFICER. Everyone ators who spend time in schools with will clear the well. kids in their States because I deal with been raised against this amendment be- cause the bill already contains an $8.3 On this vote, the yeas are 47, the students over and over again. This is nays are 52. Three-fifths of the Sen- what we need; does the Senator hear billion increase for this function. The bill also increases the title 1 program ators duly chosen and sworn not having the same thing? voted in the affirmative, the motion is Mrs. MURRAY. The Senator from by $394 million over the current fiscal year level. rejected. The point of order is sus- Minnesota is absolutely correct. We tained, and the amendment falls. hear from teachers, students, and par- These provisions in the Senator’s amendment are in violation of the The Senator from New Hampshire. ents: Smaller class sizes are critical, Mr. GREGG. Mr. President, I ask Budget Act. We have raised a point of schools need to be safe, up to date, up unanimous consent that on the next order reluctantly, but this bill is at its to code, and teachers who are trained two votes, if there are two votes, the level under the budget resolution. We and qualified and able to be in the time for each vote be 10 minutes. must object to the Senator’s amend- classroom. Those are the top three The PRESIDING OFFICER. Is there ment on the basis that it does violate changes parents request. objection? the Budget Act. I raise that point of Mr. President, I remind my col- Without objection, it is so ordered. leagues how critical this issue is, and I order. AMENDMENT NO. 3649 ask for their help and support when Have the yeas and nays been ordered? this issue comes up. Mr. GREGG. Mr. President, is the The PRESIDING OFFICER. The yeas Bingaman amendment in order? What AMENDMENT NO. 3631 and nays have been ordered. The ques- is the regular order? The PRESIDING OFFICER. There tion is on agreeing to the motion to The PRESIDING OFFICER. The are 4 minutes of debate equally divided waive the Budget Act. Bingaman amendment. There are 4 prior to the vote at 5 o’clock. The legislative clerk will call the minutes equally divided. Mr. STEVENS. Mr. President, there roll. are 4 minutes equally divided on the Mr. GREGG. Mr. President, I am Mr. REID. I announce that the Sen- Wellstone amendment? ready to yield back our time if Senator ator from Hawaii (Mr. INOUYE) is nec- The PRESIDING OFFICER. That is BINGAMAN is ready to yield back his essarily absent. correct. time. The Senator from Minnesota. The yeas and nays resulted—yeas 47, Mr. HARKIN addressed the Chair. Mr. WELLSTONE. Mr. President, my nays 52, as follows: The PRESIDING OFFICER. The Sen- amendment simply says we take the [Rollcall Vote No. 146 Leg.] ator from Iowa. Mr. HARKIN. I suggest the absence of title I and move the appropriation up YEAS—47 from $8.36 billion to $10 billion. a quorum. Akaka Edwards Lieberman Our committee, the HELP com- The PRESIDING OFFICER. The Baucus Feingold Lincoln clerk will call the roll. mittee, authorized the full $15 million Bayh Feinstein Lugar for the title I program. Title I money is Biden Graham Mikulski The assistant legislative clerk pro- used for additional help for kids in Bingaman Harkin Moynihan ceeded to call the roll. Boxer Hollings Murray Mr. BINGAMAN. Mr. President, I ask reading, for afterschool programs, for Breaux Jeffords Reed unanimous consent that the order for prekindergarten programs, for profes- Bryan Johnson Reid Byrd Kennedy sional development. This is a program Robb the quorum call be rescinded. Chafee, L. Kerrey Rockefeller The PRESIDING OFFICER. Without which helps especially low-income chil- Cleland Kerry Sarbanes dren throughout the country. This is a Conrad Kohl objection, it is so ordered. Schumer Daschle Landrieu AMENDMENT NO. 3649 program in which the last half decade Torricelli Dodd Lautenberg Mr. BINGAMAN. Mr. President, I un- has made a difference. Dorgan Leahy Wellstone As I said earlier, it is not Heaven on Durbin Levin Wyden derstand the next order of business is Earth, but it is a better Earth on the amendment I offered. Earth. We provide more help for kids. NAYS—52 The PRESIDING OFFICER. The Sen- This is a very important program. I say Abraham Frist Nickles ator has 2 minutes. to my colleague from Washington, Allard Gorton Roberts Mr. BINGAMAN. Mr. President, the Ashcroft Gramm Roth again, if you go to your school districts Bennett Grams Santorum amendment I have offered is a straight- and schools and talk to teachers and Bond Grassley Sessions forward amendment to add $250 million parents, they all say they need more Brownback Gregg Shelby to the title I part of the bill and pro- Bunning Hagel help right now. This program is funded Smith (NH) vide that that funding has to be spent Burns Hatch Smith (OR) Campbell Helms at about a 30-percent level. Many more Snowe to ensure accountability in the expend- Cochran Hutchinson children all across the country could be Specter iture of the remaining nearly $9 billion. Collins Hutchison Stevens helped by this program if we were will- Coverdell Inhofe One of the problems we have had in ing to make this investment. Craig Kyl Thomas the past—and it has been referred to by I said it earlier; I will say it a final Crapo Lott Thompson many Senators—is that we haven’t had Thurmond time. Vote for additional help for these DeWine Mack funds available to States and local Domenici McCain Voinovich kids, mainly the younger children, not Enzi McConnell Warner school districts to ensure that title I because it makes them more produc- Fitzgerald Murkowski funds are spent to accomplish their

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12433 purposes. We need to enable States to Sarbanes Snowe Wellstone they do not need construction or if assist failing schools. They have not Schumer Torricelli Wyden they do not need class size reduction. been doing that effectively. The Coun- NAYS—50 That is what is objected to by the cil of Chief State School Officers sup- Abraham Frist Murkowski Senator from Washington. We have ports this. I have a letter from them Allard Gorton Nickles gone more than halfway to meet the Ashcroft Gramm Roberts that I have printed in the RECORD. President in putting up this money. Bennett Grams Roth In addition, the Murray amendment Last year, we put $134 million into Bond Grassley Santorum this effort on this exact bill. This year, Brownback Gregg Sessions would add $350 million, which exceeds the President has requested we put $250 Bunning Hagel Shelby our allocation. We think we are Burns Hatch Smith (NH) stretching and stretching and stretch- million into it. That is what my Campbell Helms Smith (OR) Cochran Hutchinson ing. If the President is going to veto amendment proposes to do. Otherwise, Specter Coverdell Hutchison this bill, then let him do so. We expect current law limits them to one-half of Stevens Craig Inhofe to present this bill to him long before 1 percent of the title I funds. They can- Thomas Crapo Kyl the end of the fiscal year, and then we not ensure accountability unless we DeWine Lott Thompson Domenici Mack Thurmond will debate it before the American pub- add this amendment. For that reason, I Voinovich urge my colleagues to support the Enzi McCain lic. Fitzgerald McConnell Warner I make a point of order that the amendment. NOT VOTING—1 amendment violates section 302(f) of The PRESIDING OFFICER. The Sen- Inouye the Budget Act. ator from New Hampshire. The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, as the The PRESIDING OFFICER. On this ator from Washington. Senator has mentioned, this is $250 vote, the yeas are 49; the nays are 50. Mrs. MURRAY. Mr. President, I million of additional funds that ex- Three-fifths of the Senators duly cho- move to waive the applicable sections ceeds the subcommittee’s 302(b) alloca- sen and sworn not having voted in the of that act for consideration of the tion. affirmative, the motion is rejected. pending amendment, and I ask for the I yield back the remainder of our The point of order is sustained, and the yeas and nays. time, if the Senator from New Mexico amendment falls. The PRESIDING OFFICER. Is there a is ready to yield back. AMENDMENT NO. 3604 sufficient second? Mr. BINGAMAN. I yield the remain- The PRESIDING OFFICER. There There is a sufficient second. The question is on agreeing to the der of my time. are now 4 minutes equally divided on motion to waive the Budget Act in re- Mr. GREGG. Mr. President, I make a the Murray amendment. Who yields time? lation to the Murray amendment No. point of order that under subsection The Senator from Washington. 3604. The clerk will call the roll. 302(f) of the Budget Act, as amended, Mrs. MURRAY. Mr. President, the The legislative clerk called the roll. the effect of adopting the amendment amendment we are now going to vote Mr. REID. I announce that the Sen- provides budget authority in excess of on simply continues our commitment ator from Hawaii (Mr. INOUYE), is nec- the subcommittee’s 302(b) allocation to reduce class sizes for the first essarily absent. under the fiscal year 2001 concurrent through the third grades across this The yeas and nays resulted—yeas 44, resolution on the budget and is not in country. Because of the work we have nays 55, as follows: order. done in the past day, 1.7 million chil- [Rollcall Vote No. 148 Leg.] Mr. BINGAMAN. Mr. President, pur- dren are in smaller class sizes. YEAS—44 suant to section 904 of the Budget Act, We have a commitment. We should Akaka Edwards Lieberman I move to waive the applicable sections keep our commitment to continue to Baucus Feingold Lincoln Bayh Feinstein of the act for consideration of the reduce class size. The underlying bill Mikulski pending amendment and ask for the Biden Graham Moynihan simply block grants the money. That Bingaman Harkin Murray yeas and nays. will hurt our neediest and most dis- Boxer Hollings Reed The PRESIDING OFFICER. Is there a advantaged students who will lose Breaux Johnson Reid Bryan Kennedy Robb sufficient second? under that kind of proposal. Byrd Kerrey Rockefeller School boards are meeting today to Cleland Kerry There appears to be a sufficient sec- Sarbanes Conrad Kohl ond. determine who they will keep as teach- Schumer Daschle Landrieu The question is on agreeing to the ers and whether they will be able to Dodd Lautenberg Torricelli motion to waive the Budget Act in re- make a commitment in the hiring of Dorgan Leahy Wellstone lation to the Bingaman amendment teachers. Durbin Levin Wyden No. 3649. The clerk will call the roll. We should make this decision now so NAYS—55 The assistant legislative clerk called those school boards can make the deci- Abraham Frist Murkowski the roll. sions for the coming school year rather Allard Gorton Nickles Ashcroft Gramm Mr. REID. I announce that the Sen- than once again negotiating this in Oc- Roberts tober when the President has said he Bennett Grams Roth ator from Hawaii (Mr. INOUYE) is nec- Bond Grassley will veto a bill that does not keep the Santorum essarily absent. Brownback Gregg Sessions The yeas and nays resulted—yeas 49, commitment to reduce class size. Bunning Hagel Shelby I urge my colleagues to vote for this Burns Hatch Smith (NH) nays 50, as follows: Campbell Helms Smith (OR) amendment today and prevent school Chafee, L. Hutchinson [Rollcall Vote No. 147 Leg.] Snowe boards across the country from having Cochran Hutchison Specter YEAS—49 to wonder all summer long if we are Collins Inhofe Coverdell Jeffords Stevens Akaka Dorgan Lautenberg going to keep our commitment. Craig Kyl Thomas Baucus Durbin Leahy The PRESIDING OFFICER. The Sen- Crapo Lott Thompson Bayh Edwards Levin ator from Pennsylvania. DeWine Lugar Thurmond Biden Feingold Lieberman Domenici Mack Voinovich Bingaman Feinstein Mr. SPECTER. Mr. President, this Lincoln Enzi McCain Warner Boxer Graham bill accommodates the President’s re- Lugar Fitzgerald McConnell Breaux Harkin Mikulski quest for $1.4 billion for class size re- Bryan Hollings Moynihan NOT VOTING—1 Byrd Jeffords duction. It is joined with $1.3 billion for Murray Chafee, L. Johnson school construction, trying to struc- Inouye Reed Cleland Kennedy Reid ture a bill which could be signed. But The PRESIDING OFFICER. On this Collins Kerrey we leave, in the final analysis, the vote, the yeas are 44, the nays are 55. Conrad Kerry Robb Daschle Kohl Rockefeller judgment to the local boards as to Three-fifths of the Senators duly cho- Dodd Landrieu whether the local boards decide that sen and sworn not having voted in the

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12434 CONGRESSIONAL RECORD—SENATE June 27, 2000 affirmative, the motion is rejected. ter off passing the bill as the Senator cant shift. Local community school The point of order is sustained, and the from Pennsylvania has written it than boards and teachers will be shut out of amendment falls. we would be in including more man- the process. Mr. SHELBY. Mr. President, I move dates in this bill. What we are doing in this bill is mov- to reconsider the vote. There are at least two outside ex- ing significantly in the right direction. Mr. HARKIN. I move to lay that mo- perts who agree with that proposition. There is little disagreement over the tion on the table. One comes in an interesting paper by necessity of a significant Federal con- The motion to lay on the table was Andy Rotherham at the Progressive tribution to education. It is only about agreed to. Policy Institute, an arm of the Demo- 7 percent of the money we have spent, The PRESIDING OFFICER. The Sen- cratic Leadership Council. He now, in- but it is the persistent drive of this ad- ator from Alabama. cidentally, works for President Clin- ministration and of this Department of Mr. SHELBY. Mr. President, I ask ton. He wrote a little bit more than a Education to increase to well over 50 unanimous consent that I may proceed year ago: percent the rules and regulations gov- as in morning business for no longer President Clinton’s $1.2 billion class-size erning our schools that accompany than 10 minutes. reduction initiative, passed in 1998, illus- that 7 percent. The PRESIDING OFFICER. Is there trates Washington’s obsession with means at This bill takes a dramatic step in a objection? the expense of results and also the triumph far better direction, a direction in Mr. HARKIN. Mr. President, reserv- of symbolism over sound policy. The goal of which the support from the Congress is ing the right to object—and I don’t raising student achievement is reasonable generous, but the trust of the Congress and essential; however, mandating localities want to object to my friend doing his in the ability of school boards, teach- do it by reducing class sizes precludes local ers, principals, and superintendents to 10 minutes—I would like to know what decision-making and unnecessarily involves we are doing on the bill. I hope we will Washington in local affairs. make decisions about our education is vastly increased all to the benefit of have some information so Senators will In my own State, the Legislative know whether we are going to go ahead our children’s education. Audit and Review Committee came to The PRESIDING OFFICER. The ma- and debate this and have amendments this conclusion: tonight or not, on our bill. jority leader. An analysis of 60 well-designed studies Mr. LOTT. Mr. President, there are a I withdraw my reservation. found that increased teacher education, The PRESIDING OFFICER. Without couple of Senators who are reviewing teacher experience and teacher salaries all language, and I hope we can enter into objection, it is so ordered. The Senator had a greater impact on student test scores this unanimous consent agreement mo- from Alabama is recognized. per dollar spent than did lowering the stu- mentarily. While we are waiting on (The remarks of Mr. SHELBY per- dent-teacher ratio. According to one re- taining to the introduction of S. 2801 searcher, ‘‘Teachers who know a lot about that, I will outline what we have teaching and learning and who work in set- worked out. are located in today’s RECORD under tings that allow them to know their students We have an agreement that I believe ‘‘Statements on Introduced Bills and well are the critical elements of successful will satisfy all the Senators involved. Joint Resolutions.’’) learning.’’ Given limited funds to invest, this The Smith amendment will be modi- The PRESIDING OFFICER. The Sen- research suggests considering efforts to im- fied with changes that are at the desk. ator from Washington. prove teacher access to high quality profes- Then it will be in order for Senators Mr. GORTON. Mr. President, the re- sional development. A recent national sur- HATCH and LEAHY to offer a second-de- jection of the last motion to waive, I vey of teachers found that many do not feel gree amendment to the pending think, was a wise action on the part of well prepared to face future teaching chal- lenges, including increasing technological McCain amendment No. 3610. I believe the Senate. I am here primarily to con- Senator SPECTER will be prepared to do gratulate the Senator from Pennsyl- changes and greater diversity in the class- room. that on behalf of Senator HATCH. Then vania for the way in which he has dealt The legislature’s— there will be 10 minutes equally di- with the challenge of education in this In this case, Washington— vided for debate relative to the first- bill. More than $40 billion for education approach to funding K–12 education is con- and second-degree amendments. I be- is a very substantial increase over the sistent. . . . The legislature has provided ad- lieve that will be McCain and Hatch. current year. ditional funding for teacher salaries, staff Then we will ask the amendments be That is more than a $1 billion in- development, and smaller classes, with more laid aside, and the Santorum amend- crease in special education programs, funding going to support teachers and less ment will recur, with the time between at least moving us one step further to- for reducing the student-teacher ratio. that time, which will be about 6:30 ward the promise of 40-percent funding The point is that reducing class size p.m., I presume, and 7 o’clock to be of the cost of special education to the is not a bad option. It is a good option. equally divided between the Senators school districts of the United States. I think we can all agree that it is one who are interested—Senator MCCAIN In my view, the centerpiece of this good thing for students. It is best done, and Senator SANTORUM—and we will bill is in its expression of trust and however, when the decision about have two voice votes on the Smith confidence in our local school authori- whether or not to do it and how it is to issue and then two votes back to back ties, our parents, our teachers, our be accomplished is made in local com- on McCain and then Santorum. principals, our superintendents, our munities and not in Washington, DC. That is the outline of what we will elected school board members, a trust Even that proposal pales in compari- do. We will have two recorded votes and confidence expressed in a more son with the now platform of the Vice then at 7 o’clock. I am prepared to than $3 billion appropriation for title President of the United States. He calls offer that unanimous consent request VI, the innovative education program for a massive Federal effort from re- at this time. strategies. cruiting to setting teaching standards I will read the unanimous consent re- The last amendment would have in a sense that will make the Federal quest. I believe Senator SMITH will be taken roughly half of that amount of Government clearly a national school here in a moment. money and mandated that it go solely board. Teachers who please Wash- AMENDMENT NO. 3628, AS MODIFIED for additional teachers in the first ington, DC, bureaucrats will get bo- Mr. LOTT. Mr. President, I ask unan- three grades. Title VI, as it appears in nuses. Those who do not do so will risk imous consent that the Smith amend- this bill, says in effect our school dis- being fired. ment be modified with the changes tricts—the men and women who know The only thing bold about that ini- that are at the desk and, further, the our children’s names—are better suited tiative is that he has no qualms in tak- amendment be agreed to and the mo- to make the decisions in 17,000 separate ing over each and every one of the tion to reconsider be laid upon the school districts about what can most 17,000 school districts in the United table. improve the quality of education for States. If he becomes our President, The PRESIDING OFFICER. Without their children. As such, we are far bet- education policy will undergo a signifi- objection, it is so ordered.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12435 The amendment (No. 3628), as modi- Mr. LEAHY. Some of that time is (B) One shall be completed not later than fied, was agreed to, as follows: time for the Senator from Vermont? two years after that date. (C) One shall be completed not later than At the appropriate place, add the fol- Mr. LOTT. I believe we have 10 min- three years after that date. lowing: utes that would be equally divided on (c) FEES.—The fee, if any, charged and col- ‘‘SEC. . FETAL TISSUE. that. lected by an Internet service provider for The General accounting Office shall con- Mr. LEAHY. Yes. providing computer software or a system de- duct a comprehensive study into Federal in- Mr. LOTT. So the Senator would scribed in subsection (a) to a residential cus- volvement in the use of fetal tissue, for re- have 5 minutes. tomer shall not exceed the amount equal to search purposes within the scope of this bill, Mr. LEAHY. That is fine. Plain the cost of the provider in providing the soft- be completed by September 1, 2000. The study enough. ware or system to the subscriber, including shall include but not be limited to— the cost of the software or system and of any (a) The annual number of orders for fetal The PRESIDING OFFICER. The Chair hears no objection, and, it is so license required with respect to the software tissue filed in conjunction with Federally or system. ordered. funded fetal tissue research or programs over (d) APPLICABILITY.—The requirement de- the last 3 years; Mr. LOTT. Mr. President, I yield the scribed in subsection (a) shall become effec- (b) the costs associated with the procure- floor. I believe we are ready to proceed. tive only if— ment, dissemination, and other use of fetal Mr. HARKIN. Mr. President, if I (1) 1 year after the date of the enactment tissue, including but not limited to the cots might ask the leader, so everyone of this Act, the Office and the Commission associated with the processing, transpor- knows, what we are facing are three re- determine as a result of the survey com- tation, preservation, quality control, and corded votes beginning at 7 o’clock; is pleted by the deadline in subsection (b)(2)(A) storage, of such tissue; that correct? that less than 75 percent of the total number (c) The manner in which Federal agencies of residential subscribers of Internet service Mr. MCCAIN. Two. ensure that intramural and extramural re- providers as of such deadline are provided search facilities and their employees comply Mr. HARKIN. We have two recorded computer software or systems described in with Federal fetal tissue law; votes, one on McCain and one on subsection (a) by such providers; (d) The number of fetal tissue procurement Santorum. (2) 2 years after the date of enactment of contractors and tissue resource sources, or The PRESIDING OFFICER. Who this Act, the Office and the Commission de- other entities or individuals that are used to yields time? termine as a result of the survey completed obtain, transport, process, preserve, or store The Senator from Utah. by the deadline in subsection (b)(2)(B) that fetal tissue, which receive Federal funds and less than 85 percent of the total number of AMENDMENT NO. 3653 TO AMENDMENT NO. 3610 the quantity, form, and nature of the serv- residential subscribers of Internet service ices provided, and the amount of Federal Mr. HATCH. Mr. President, I send an providers as of such deadline are provided funds received by such entities; amendment to the desk and ask for its such software or systems by such providers; (e) The number and identity of all Federal immediate consideration. or agencies, within the scope of this bill, ex- The PRESIDING OFFICER. The (3) 3 years after the date of the enactment pending or exchanging Federal funds in con- clerk will report. of this Act, if the Office and the Commission nection with obtaining or processing fetal determine as a result of the survey com- tissue or the conduct of research using such The assistant legislative clerk read as follows: pleted by the deadline in subsection (b)(2)(C) tissue; that less than 100 percent of the total num- (f) The extent to which Federal fetal tissue The Senator from Utah [Mr. HATCH], for ber of residential subscribers of Internet procurement policies and guidelines adhere himself and Mr. LEAHY, proposes an amend- service providers as of such deadline are pro- to Federal law; ment numbered 3653 to amendment num- vided such software or systems by such pro- (g) The criteria that Federal fetal tissue bered 3610. viders. research facilities use for selecting their Mr. HATCH. Mr. President, I ask (e) INTERNET SERVICE PROVIDER DEFINED.— fetal tissue sources, and the manner in which unanimous consent reading of the In this section, the term ‘‘Internet servicer the facilities ensure that such sources com- provider’’ means a service provider as de- ply with Federal law. amendment be dispensed with. The PRESIDING OFFICER. Without fined in section 512(k)(1)(A) of title 17, Mr. LOTT. Mr. President, I ask unan- United States Code, which has more than objection, it is so ordered. imous consent that it be in order for 50,000 subscribers. The amendment is as follows: Senators HATCH and LEAHY to offer a Mr. HATCH. Mr. President, I have of- second-degree amendment to the pend- Insert at the end the following: fered this amendment on behalf of Sen- SEC. . PROVISION OF INTERNET FILTERING OR ing McCain amendment No. 3610; that ator LEAHY and myself. I believe this SCREENING SOFTWARE BY CERTAIN there be 10 minutes equally divided for INTERNET SERVICE PROVIDERS. amendment is going to be accepted be- debate concurrently relative to the (a) REQUIREMENT TO PROVIDE.—Each Inter- cause it clarifies some matters that are first- and second-degree amendments. I net service provider shall at the time of en- very good. further ask unanimous consent that tering an agreement with a residential cus- I strongly urge my colleagues to sup- the amendments then be laid aside and tomer for the provision of Internet access port this Hatch-Leahy amendment that the Santorum amendment recur, services, provide to such customer, either at which is aimed at limiting the negative with the time between then and 7 p.m. no fee or at a fee not in excess of the amount impact violence and indecent material specified in subsection (c), computer soft- equally divided, with no second-degree ware or other filtering or blocking system on the Internet have on children. amendments in order prior to the vote that allows the customer to prevent the ac- This amendment does not regulate in relation to that amendment. cess of minors to material on the Internet. content. Instead it encourages the larg- I also ask unanimous consent that (b) SURVEYS OF PROVISION OF SOFTWARE OR er Internet service providers to pro- the Senate proceed to a vote in rela- SYSTEMS.— vide, either for free or at a fee not ex- tion to the Hatch-Leahy second-degree (1) SURVEYS.—The Office of Juvenile Jus- ceeding the cost to the service pro- amendment at 7 p.m. this evening, and tice and Delinquency Prevention of the De- viders, filtering technologies that following that vote, the Senate proceed partment of Justice and the Federal Trade would empower parents to limit or Commission shall jointly conduct surveys of to a vote in relation to the McCain the extent to which Internet service pro- block access of minors to unsuitable amendment, as amended, if amended, viders are providing computer software or material on the Internet. to be followed by a vote relative to the systems described in subsection (a) to their We simply can not ignore the fact Santorum amendment, with 4 minutes subscribers. In performing such surveys, nei- that the Internet has the ability to ex- prior to each vote for explanation. ther the Department nor the Commission pose children to violent, sexually ex- Mr. LEAHY. Reserving the right to shall collect personally identifiable informa- plicit and other inappropriate mate- object, and I shall not object, do I un- tion of subscribers of the Internet service rials with no limits. derstand correctly, I ask my friend providers. A recent Time/CNN poll found that 75 (2) FREQUENCY.—The surveys required by from Mississippi, that on the Hatch- paragraph (1) shall be completed as follows: percent of teens aged 13 to 17 believe Leahy amendment, somewhere within (A) One shall be completed not later than the Internet is partly responsible for the agreement there is time on that? one year after the date of enactment of this crimes like the Columbine High School Mr. LOTT. Right. Act. shooting.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12436 CONGRESSIONAL RECORD—SENATE June 27, 2000 Our amendment respects the First blocking because there are not too is something that I think will be very Amendment of the Constitution by not many children who are going to be helpful to this bill, and I strongly sup- regulating content, but ensures that downloading wild, offensive things port it. parents will have the adequate techno- when they know their parents, their I know we have spent some time logical tools to control the access of teachers, and the librarians are going working out the details of this amend- their children to unsuitable material to be walking back and forth and see- ment. I think it is a very good one. I on the Internet. ing it. thank Senator LEAHY and Senator I honestly believe that the Internet As I explained earlier today, I have HATCH for their involvement in this service providers who do not already serious concerns with the McCain pro- very important issue. provide filtering software to their sub- posal to require schools and libraries to I will urge, at the appropriate time, a scribers will do so voluntarily. They send certifications to the FCC about voice vote and adoption of this amend- will know it is in their best interests their installation of certain blocking ment. and that the market will demand it. software and the risk that the FCC will Mr. President, I yield the floor. A recent survey reported in the New become a national censorship office, AMENDMENTS NOS. 3635 AND 3610 York Times yesterday, found that al- with the responsibility of both policing The PRESIDING OFFICER. The Sen- most a third of online American house- local enforcement of the Internet ac- ator from Pennsylvania. holds with children use blocking soft- cess policy and exacting punishment in Mr. SANTORUM. Mr. President, are ware. the form of ordering E-rate discounts we now on the time for the McCain and In a study by the Annenberg Public to stop and carriers be reimbursed. Santorum amendments to be debated? The PRESIDING OFFICER. The Sen- Policy Center of the University of The Hatch-Leahy amendment would ator is correct. Pennsylvania, 60 percent of parents require large Internet service providers Mr. SANTORUM. I ask the Senator said they disagreed with the statement with more than 50,000 subscribers to from Arizona if he wants to divide the that the Internet was a safe place for provide residential customers, either remaining time in half. I ask unani- their children. for free or at low cost, software or mous consent that the time be equally And according to yesterday’s New other filtering systems that can pro- divided, and that I control the time in York Times, after the shootings in Col- tect them. It is relatively easy to do support of my amendment and Senator orado, the demand for filtering tech- this. MCCAIN control the other time. nologies has dramatically increased. I would encourage parents, if this The PRESIDING OFFICER. Without This indicates that parents are taking passes, to get that software and also objection, it is so ordered. an active role in safeguarding their spend some time seeing what their Mr. SANTORUM. Mr. President, as I children on the Internet. children are looking at on the Internet. discussed very briefly today, I rise in That is what this amendment is This requirement on large Internet support of what the Senator from Ari- about: using technology to empower Service Providers would only become zona is trying to accomplish. I think he the parent. I urge my colleagues’ ap- effective if surveys conducted jointly was the first to bring this issue to the proval of the amendment. by the FTC and the Department of Jus- floor of the Senate. He is to be con- I yield the remainder of my time to tice demonstrate that voluntary efforts gratulated for that. Senator LEAHY, who would like to are not working. He has a piece of legislation that has speak on this amendment. Senator MCCAIN has worked very been out there for a couple of years and The PRESIDING OFFICER. The Sen- hard on this. I commend him for it. has fostered a lot of good thought and ator from Vermont. Any one of us who has young children a lot of discussion as to what the best Mr. LEAHY. Mr. President, I de- has to worry about this. We also have Federal policy should be in dealing scribed this amendment earlier this to worry about what they are reading with the problem of inappropriate use morning on the floor. But for those in the library or what they pick up at of the Internet at schools and libraries. who came in late, this is an amend- the corner bookstore or anything else. His legislation actually led me to look ment that Senator HATCH and I offered But before we reach a point where we further into it as constituents con- on the juvenile justice bill. You may assume we can be the parent of every tacted me with respect to it. So let me recall when we voted on that, the vote child in this country, I think we ought say, from the outset, I congratulate was 100–0. to give to the parents the tools to use, the Senator from Arizona for his work It is a filtering proposal that leaves and let them make the kind of judg- and for his effort in this area. the solution on how best to protect ments and show the kind of observa- I have a little different approach I children from inappropriate online ma- tion of their children that parents want to talk about today that I believe terials accessible on computers in should, and that my parents did and improves upon the base bill that Sen- schools and libraries to the local school that I do with my children. ator MCCAIN came up with a couple of boards and communities. I think the reason the Hatch-Leahy years ago. I have been working with a Anybody who spends any time on the amendment passed 100–0 earlier in the group of people, from the left to the Internet knows that there is inappro- juvenile justice bill is because it is a right, if you will—from the Catholic priate material for children on there. reasonable compromise. It is a reason- Conference to the National Education And oftentimes you might hit it acci- able compromise. I hope it will be Association, from the American Li- dentally. added on to this bill. I look forward to braries Association to Dr. Laura Having said that, we also know that working with Senator MCCAIN as this Schlessinger. So I think our effort here you should not block out certain online bill moves to conference to address the covers the ideological spectrum pretty material because somebody thinks that serious concerns I and others have with well and is a consensus that is built Mark Twain is inappropriate or they his proposal. around one thing—that while Internet may believe that James Joyce is inap- I yield the floor. filtering software is a good idea, gen- propriate, or other such things, or it Mr. HATCH. Mr. President, I yield erally speaking, it is an imperfect tool may be even the paintings on the Sis- back whatever time we have. to meet the real complicated needs of tine Chapel that some may believe are The PRESIDING OFFICER. The Sen- teachers, administrators, and librar- inappropriate because there are nude ator from Arizona. ians who have to deal with the Internet figures in there. You have to have some Mr. MCCAIN. Mr. President, I thank on a daily basis in their schools. kind of balance. Senator HATCH and Senator LEAHY for I think the Catholic Conference put I think that local communities can this amendment. I think it is a very it best in their letter, actually to Sen- do that. I know of libraries, for exam- positive contribution. I think it is one ator MCCAIN, which says that his legis- ple, that put computers monitors that that will again empower parents to be lation ‘‘fails to include one of the most have Internet access right out in the able to screen and filter information effective tools utilized by the vast ma- main reading room. This is one form of that their children may be receiving. It jority of Catholic schools throughout

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12437 our Nation, the Ethical Internet Use through chatrooms, through e-mail, Though the bill is clear on what sort Policy’’—in other words, a comprehen- through hackers, and through dissemi- of material must be blocked, local au- sive policy at the school level to deal nation of information about minors, to thorities are given complete authority with not only access to sites that may do it at the local level is the best way to select the type of software they be inappropriate on the Internet, which to accomplish this with the fallback deem to be appropriate. Further, local is what filtering gets to, but a variety hammer, if you will, of the McCain un- authorities are given unfettered au- of different things that are very impor- derlying requirement to buy filtering thority to determine what material tant. software. can constitute child pornography and For example, electronic mail. Unfor- I reserve the remainder of my time. obscenity. Under this legislation, the tunately, we hear so many stories The PRESIDING OFFICER. The Sen- Federal Government is expressly pro- about people being contacted through ator from Arizona. hibited from interfering in the process electronic mail, chatrooms, that are if Mr. MCCAIN. Mr. President, I oppose of local control. Schools and libraries not as dangerous in some cases even the amendment of the Senator from are simply required to certify to the more dangerous than the sites that Pennsylvania. It does provide for FCC they have a technology in place may be accessed on the World Wide schools and libraries to deploy block- and are using such technology in co- Web, where you have predators who are ing or filtering technology. The amend- ordination with the locally developed out there trying to grab the mind of a ment provides what is essentially a policy designed to achieve the goals of young person. status quo loophole. the Children’s Internet Protection Act. Again, the attempt to do filtering The Senator’s amendment would Schools and libraries are required to software is helpful. But we have to allow schools and libraries the option make their blocking and filtering poli- have a policy developed at the commu- of implementing an acceptable use pol- cies publicly available so that parents, nity level that deals with things that icy. Schools and libraries are free to do patrons, and citizens can scrutinize the this today. Papers are full of reports of go beyond these dangerous Internet policies and work with local authori- young children surfing foreign libraries sites, such as the electronic mail and ties to ensure they reflect contem- in school and being innocently exposed chatrooms, and other kinds of direct porary community standards. to pornography downloaded by adults electronic communication. Again, parents beware of the status Under this legislation, we require and left on a computer screen for chil- quo loophole contained in the dren to see. that a policy be developed at the local Santorum amendment. It is big enough It is interesting to note that the level with respect to unauthorized use for every pornographer, pedophile, and American Library Association, an out- hate group in America to drive a truck of minors, such as hacking, another spoken advocate for the amendment of area which is of grave concern not just through. the Senator from Pennsylvania, is ada- The Senator from Pennsylvania has for the minors themselves but for the mantly opposed to use of filters or any criticized my amendment with the user community at large, and a policy other type of protection for children. claim that my amendment does noth- with respect to the dissemination of In 1997, the American Library Asso- ing to address chatrooms. The Senator personal information of the minor. ciation passed a resolution against fil- is mistaken. First, schools and librar- These minors log on. They have per- tering Internet pornography out of ies are granted the unfettered author- sonal information in there. There needs public libraries. The ALA’s interpreta- ity to block access to any material to be a policy to take care of that. tion of their resolution contained in they determine to be inappropriate for What our legislation simply does is— their library bill of rights states that minors. Clearly, this would provide it would actually amend the McCain the rights of users who are minors them with the ability to restrict kids’ amendment, although not formally shall in no way be abridged. According access to chatrooms or any other realm here in the Senate—say that you must to Judith Krug, director of ALA’s Of- of the Internet. Despite claims to the have a local policy that includes, No. 1, fice of Intellectual Freedom: contrary, blocking and filtering soft- at least, public hearing and notice re- Blocking material leads to censorship. ware does restrict such access. The quirements, a public hearing where the That goes for pornography and bestiality, state-of-the-art technology clearly is community gets together and, at the too. If you don’t like it, don’t look at it. capable of blocking such access. Fil- community level, we come up with an Ms. Krug goes on to discuss the con- tering software would restrict any Internet policy that has to meet these cerns of parents about their children communication based off keyword re- certain criteria. In other words, we viewing pornography on library com- strictions. don’t say how they do it, but that, in puters: I could go on, but I will wrap things fact, they have policies that address If you don’t want your children to access up with a letter signed by virtually these broader concerns than just elimi- information, you had better be with your every major pro-family group. I ask nating one particular Internet site or children when they use a computer. unanimous consent this letter, dated Internet sites. So it is, in fact, a re- That would be very interesting infor- June 22, be printed in the RECORD. quirement to develop a local policy. mation to working mothers all over There being no objection, the letter If they choose not to do that, then America as well as working fathers. I was ordered to be printed in the the McCain language becomes opera- guess this is the ALA’s concept of an RECORD, as follows: tive. You must buy filtering software. acceptable use policy: Parents beware. AMERICAN FAMILY ASSOCIATION, We don’t require filtering software. The Santorum amendment does noth- Washington, DC Office, June 22, 2000. Even the Senator from Arizona has ad- ing about adult computer use in librar- Hon. JOHN MCCAIN, mitted there are 90-some titles out ies. This amendment would require li- Russell Senate Office Bldg., there—some are good; some are not. braries to block or filter access to child Washington, DC. His legislation doesn’t direct you to pornography. I want to describe what DEAR SENATOR MCCAIN: We strongly oppose have buy a good one; you just have to my bill does as far as local control is the Neighborhood Children’s Internet Pro- tection Act, S. 1545, which we believe would buy one. It is certainly not the most concerned. It requires that schools and be an ineffective tool to protect children comprehensive way of dealing with it. libraries must block or filter children’s from Internet pornography in schools and In fact, it may be a way that creates a access to child pornography and ob- public libraries. The bill offers schools and false sense of security that you are scene material. Further, libraries must libraries the option of either blocking por- dealing with problems, and it may ac- block adult access to child pornog- nography or implementing an Internet use tually reduce the amount of oversight raphy on all computers. Why? Because policy. It is this option that troubles us. that should be present in schools and we know that neither category, child Schools and libraries have that option today and, sadly, most have chosen to allow chil- at public libraries. pornography nor obscene material, en- dren access even to illegal pornography, such Again, I compliment the Senator, but joys protection under the first amend- as obscenity and child pornography. Under we need to take one step further. Given ment. The Supreme Court has decided S. 1545, we presume those schools and librar- the problems we have seen develop that on several occasions. ies would maintain the status quo.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12438 CONGRESSIONAL RECORD—SENATE June 27, 2000 It also must be noted that the Neighbor- ciation. On that note, I will read very be covered for this, just filtering soft- hood Children’s Internet Protection Act only briefly from an editorial contained in ware. Some filtering software is better addresses use of computers by children. A the January 14, 2000, Wall Street Jour- than others; some is comprehensive, major problem, particularly in libraries, is nal: some is not, and some is older. There is the use of computers by adults to access ille- gal pornography. For example, pedophiles Maybe blocking software is not the solu- no requirement as to what software are accessing child pornography on library tion. We do know, however, that there are and how good it is that needs to be pur- computers and some are even molesting chil- answers for those interested in finding them, chased under the McCain legislation. dren in those libraries. Yet, S. 1545 does not answers that are technologically possible, What we say is that we believe this is address this matter. constitutionally sound and eminently sane. best implemented at the local level. If While we believe that the author of this After all, when it comes to print, librarians you read from the Catholic Con- bill, Senator Rick Santorum (R–PA), has the have no problem discriminating against Hus- ference—and the Senator from Arizona best of intentions, his bill will not provide an tler in favor of House & Garden. Indeed, to dramatize the ALA’s inconsistency regarding suggested that all the profamily groups effective solution to the problem of pornog- were supporting his legislation. I think raphy in schools and public libraries. adult content in print and online, blocking software advocate David Burt three years the Catholic Conference can stand up American Family Association ago announced ‘‘The Hustler Challenge’’—a as a profamily group, and they don’t Family Research Council standing offer to pay for a year’s subscrip- support the McCain legislation; they National Law Cntr. for Children & Families tion to Hustler for any library that wanted Traditional Values Coalition support ours. I think one of you who one. Needless to say, there haven’t been any Morality in Media are Dr. Laura Schlessinger listeners takers. know that she has been outspoken on Family Friendly Libraries Our guess is that this is precisely what Citizens for Community Values, OH Leonard Kniffel, the editor of the ALA jour- the issue of Internet pornography and Family Policy Network, VA nal American Libraries, was getting at last has been leading a campaign on that Christian Action League, NC fall when he asked in an editorial: ‘‘What is issue. She has been working with us Family Association of Minnesota preventing this Association...from com- and she supports the idea of having American Family Assoc., OH ing out with a public statement denouncing local communities have public hear- American Family Assoc., MI children’s access to pornography and offering ings and notices so parents know they American Family Assoc., KY 700+ ways to fight it?’’ American Family Assoc., PA can have input so that we can raise the Good question. And we’ll learn this week- visibility of the issue at the local level American Family Assoc., TX end whether the ALA hierarchy believes it American Family Assoc., AR worthy of an answer. in dealing with a variety of issues, not American Family Assoc., MS just a simple filtering software man- The ALA hierarchy met, and obvi- American Family Assoc., NJ dated by Washington, DC. American Family Assoc., AL ously they seemed to defend what I be- So it is a one-size-fits-all, and I be- American Family Assoc., GA lieve is an indefensible position. lieve incomplete, solution. Do you I hope we will defeat the Santorum American Family Assoc., MO trust the local schools and do you trust amendment. I reserve the remainder of American Family Assoc., CO the local communities to come up with American Family Assoc., OR my time. a standard that meets the needs of that American Family Assoc., IA The PRESIDING OFFICER. The Sen- community? That is much more com- American Family Assoc., IN ator from Pennsylvania is recognized. American Family Assoc., NY Mr. SANTORUM. Mr. President, in prehensive by definition—it has to be— Mr. MCCAIN. Reading from the let- response to the critique of the Senator than the filtering software alternative ter: from Arizona who says ours is really being offered by Senator MCCAIN. I just suggest, and historically I have sup- Senator MCCAIN: We strongly oppose the status quo and this is a large loophole, Neighborhood Children’s Internet Protection it is not status quo. No. 1, it is not re- ported—particularly in the area of edu- Act which we believe would be an ineffective quired under law today; we require a cation—local communities making those decisions for themselves, as op- tool to protect children from Internet por- public notice and a public hearing and posed to a Federal mandate from Wash- nography in schools and public libraries. The a policy to be formulated at the local bill offers schools and libraries the option of ington, DC. level that addresses inappropriate mat- either blocking pornography or imple- I reserve the remainder of my time. menting an Internet use policy. It is this op- ter on the Internet, the World Wide The PRESIDING OFFICER. The Sen- tion that troubles us. Schools and libraries Web, electronic mail, chatrooms, and ator from Arizona is recognized. have that option today and, sadly, most have other forms of direct electronic com- Mr. MCCAIN. Mr. President, I want chosen to allow children access even to ille- munication, such as hacking and other the record to be clear that the Catholic gal pornography, such as obscenity and child unlawful activities by monitors, and Conference is not in opposition to this pornography. Under S. 1545, we presume any other kind of dissemination of per- legislation. Here is the problem con- these schools and libraries would maintain sonal identification information re- the status quo. tained in the report ‘‘Filtering Facts,’’ It also must be noted that the Children’s garding minors. which is a very deep, detailed analysis Internet Protection Act only addresses use That is not current law. The review of this problem that we are facing. of computers by children. A major problem, body is the same review body in his On page 8 is a chapter entitled particularly in libraries, is the use of com- legislation, the FCC. He requires a fil- ‘‘Adults Accessing Child Pornography: puters by adults to access illegal pornog- tering software to be purchased, and 20 Incidents’’: raphy. For example, pedophiles are accessing you have to certify that with the FCC. There were 20 incidents of adults accessing child pornography on library computers and We say that you have to implement a child pornography in public libraries. Child some are even molesting children in these li- policy, have public hearings and meet- pornography is different from other forms of braries. Yet, S. 1545 does not address this ings, and you have to submit that pol- pornography in that it is absolutely illegal matter. and, like drugs, is treated as contraband by While we believe that the author of this icy to the FCC for them to review to ensure that you have covered the areas Federal law. Of particular concern is that bill, Senator Rick Santorum (R–PA), has the many public libraries employ policies that best of intentions, his bill will not provide an that we require. That is not status quo. would seem to encourage the illegal trans- effective solution to the problem of pornog- He may not agree that decision mission of child pornography. Many public raphy in schools and public libraries. should be made at the local level, and libraries not only have privacy screens, but That is signed by a large group of I accept that. I think we have an hon- also destroy patron sign-up sheets after use, people, including the American Family est philosophical disagreement on and employ computer programs that delete Association, Family Research Council, whether we should have a one-size-fits- any trace of user activity. These policies National Law Center for Children and all Federal mandate that you have to make it almost impossible for law enforce- buy filtering software. By the way, ment to catch pedophiles using public li- Families, Traditional Values Coalition, brary Internet stations to download child et cetera. that filtering software may cover pornography. At the Multnomah County, OR, On the other side, the amendment of chatrooms; it may not. That is called Public Library, and the Los Angeles, CA, the Senator from Pennsylvania is sup- monitoring software. There is no re- Public Library, pedophiles have taken ad- ported by the American Library Asso- quirement for monitoring software to vantage of the anonymity to actually run

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12439

child pornography businesses using library librarians who Senator MCCAIN re- be recognized for 4 minutes for the de- computers 34 and 35. ferred to, who maybe are not as con- bate on the Smith amendment, which The staff at Anderson, IN, Public Library cerned about pornography as they was agreed to. I was detained unavoid- observed a pedophile accessing child pornog- raphy on three separate occasions: ‘‘A cus- should be, or not as concerned about ably in the car coming over here. tomer who is known to frequent Internet chatrooms as they should be, or not as The PRESIDING OFFICER. Without sites containing sexually explicit pictures of concerned about e-mails as they should objection, it is so ordered. nude boys . . . This is the third time this be. But a public consciousness and the Mr. SMITH of New Hampshire. Mr. customer has been observed engaging in this public input that will result from a President, I appreciate that many of activity.’’ Yet, the only appropriate action community standard being applied to my colleagues, I am sure, as I, have the library saw fit was to ‘‘highly rec- those people who work at these facili- been stuck in the tram coming over ommend that he be restricted from the build- ties is the answer to that—not a fil- here. ing for a period of not less than 2 months.’’ tering software which is imprecise and, One of the two incidents where the library I thank the managers who have actually notified police occurred at the in cases of chatrooms, hacking, e-mail, worked so hard to resolve the amend- Lakewood, OH, Public Library. In an ac- and a variety of other things, ineffec- ment that I had on fetal tissue re- count from the Akron Beacon Journal, ‘‘But tive. It is not comprehensive. And so I search. I know Senator SPECTER is op- it was the library more than the police and agree. posed to illegal trafficking of fetal tis- prosecutor that alarmed Chris Link, execu- There is nobody who would like to sue. This amendment, I hope, will get tive director of the American Civil Liberties see more protection from that than me. some information on the Federal Gov- Union of Ohio. Traditionally, librarians have I have five little kids under the age of protected their records of lending activity to ernment’s policies in this regard. 10. So I understand the need and the I look forward to reviewing the study the point of being subpoenaed or going to concern. I come here as a father who is jail,’’ she said. But now, she said, ‘‘Librar- that we have set up in this amendment ians are scrutinizing what it is you look at very concerned about the ability of that was agreed to. It is my hope that and reporting you to the police.’’ In the case children to be able to access sites they we can ensure that the spirit of the law of kiddie porn, Link said, such scrutiny should not get to or communicate with is being adhered to when it comes to ‘‘would seem to make sense’’ until it is people with whom they have no busi- fetal tissue research. viewed in light of the Government’s history ness communicating. But it is up to This amendment will set up a GAO of searches for socialists and communists or the community to take an interest in members of certain student movements. study of the practice of fetal tissue their children, to design a policy that transfer to determine whether or not The Callaway County, MO, Public Library is comprehensive, and this requires a even actively resisted police efforts to inves- any fetal tissue is transferred illegally comprehensive policy. By the way, if tigate a patron accessing child pornography. for research purposes. The GAO will Library staff refused to cooperate, even when the librarians and those who run the li- conduct a comprehensive study of Fed- issued subpoenas. braries or the schools say they don’t eral involvement in the use of fetal tis- Mr. President, the list goes on and want to deal with this, then you have sue for research purposes. the McCain mandate. You will have the on. There is a need for this kind of leg- I am pleased that my colleagues have mandate that you have to buy the fil- islation to make sure that child por- seen fit to work with me to agree to tering software. So they can’t avoid nography and forms of obscenity, this amendment. I look forward to re- doing something. Again, the body that which are clearly delineated by the ceiving a report from the General Ac- will oversee this is going to be the U.S. Supreme Court and are beyond counting Office in the very near future FCC, the same body the Senator from any constitutional protection, are as to how much, if any, illegal traf- Arizona puts in place to oversee his re- made unavailable to children. ficking is occurring in the area of fetal Mr. President, this Santorum amend- quirement. So I believe what we have done is tissue. ment would remove that very impor- tried to build upon a positive step. I yield the floor. tant provision of this legislation. I re- Again, I congratulate the Senator from AMENDMENT NO. 3610, AS AMENDED serve the remainder of my time. The PRESIDING OFFICER. Mr. The PRESIDING OFFICER. The Sen- Arizona. He has been a leader in this problem. He has blazed the trail. I be- President, the question is on agreeing ator from Pennsylvania is recognized. to McCain amendment No. 3610, as Mr. SANTORUM. Mr. President, in lieve what we have offered is a con- amended. The yeas and nays have been response to the Senator, we do not re- structive addition to his policy. I will step back on this point. The ordered, and the clerk will call the roll. move the requirement. We say that we Senator from Arizona said the Catholic The legislative clerk called the roll. would like to see the local community Conference doesn’t oppose his bill. As I Mr. REID. I announce that the Sen- participate and develop a comprehen- read it again, they did not oppose it, ator from Hawaii (Mr. INOUYE) and the sive policy. If they fail to do so, then but they listed two pages of concerns Senator from South Dakota (Mr. JOHN- they have to buy the filtering system. about his policy. Then they wrote to us SON) are necessarily absent. I have visited 160 schools since I have recently and talked about how they The PRESIDING OFFICER. Are there been in office. Over the last year and a liked what we did. But I understand any other Senators in the Chamber half, in particular, I have talked to a they are not in the business of oppos- who desire to vote? lot of school librarians and administra- ing and supporting. Let me just say The result was announced—yeas 95, tors about the Internet and Internet their intentions are clear. nays 3, as follows: pornography. All of the ones I have The PRESIDING OFFICER. The talked to, when I discussed the legisla- [Rollcall Vote No. 149 Leg.] question is on agreeing to the Hatch- YEAS—95 tion and the ideas—in fact, some of Leahy amendment. this has come from the schools them- The amendment (No. 3653) was agreed Abraham Campbell Feinstein selves throughout Pennsylvania. The Akaka Chafee, L. Fitzgerald to. Allard Cleland Frist ones who glow about their policy are Mr. MCCAIN. Mr. President, I move Ashcroft Cochran Gorton the ones who have comprehensive poli- to reconsider the vote. Baucus Collins Graham cies. Mr. SANTORUM. I move to lay that Bayh Conrad Gramm Bennett Coverdell Grams Yes, they have filtering software, but motion on the table. Biden Craig Grassley that is just a piece of a bigger puzzle. The motion to lay on the table was Bingaman Crapo Gregg If you just rely on that piece, I think agreed to. Bond Daschle Hagel what you can do is create a false sense The PRESIDING OFFICER. The Sen- Boxer DeWine Harkin Breaux Dodd Hatch of security that you have solved the ator from New Hampshire is recog- Brownback Domenici Helms problem, particularly in community li- nized. Bryan Dorgan Hollings braries. I argue that in requiring public AMENDMENT NO. 3628, AS MODIFIED Bunning Durbin Hutchinson Burns Edwards Hutchison hearings and notice and input, that Mr. SMITH of New Hampshire. Mr. Byrd Enzi Inhofe will put a chilling effect on some of the President, I ask unanimous consent to

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12440 CONGRESSIONAL RECORD—SENATE June 27, 2000 Jeffords Mikulski Shelby tioned and have public meetings and The motion to lay on the table was Kennedy Moynihan Smith (NH) public notice to get the community in- agreed to. Kerry Murkowski Smith (OR) Kohl Murray Snowe volved. The PRESIDING OFFICER. The Sen- Kyl Nickles Specter One of the big problems with use of ator from Alaska. Landrieu Reed Stevens the Internet is that parents and com- Mr. MURKOWSKI. Mr. President, it Leahy Reid Thomas munity leaders do not know what is is my understanding that there are Levin Robb Thompson Lieberman Roberts pending amendments before the body Thurmond going on with this little black box in Lincoln Rockefeller Torricelli the library or school. This requires that are going to be taken up as soon Lott Roth Voinovich as the Members arrive to offer them. Lugar Santorum public comment, it requires public no- Mack Sarbanes Warner tification, and public input in a process I yield the floor. Wellstone McCain Schumer that desperately needs to be a public AMENDMENT NO. 3658 McConnell Sessions Wyden one and community standards need to (Purpose: To fund a coordinated national ef- NAYS—3 be set. fort to prevent, detect, and educate the Feingold Kerrey Lautenberg It is supported by a wide variety of public concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect and to identify ef- NOT VOTING—2 organizations. Those of my colleagues who voted for the McCain amendment fective interventions for children, adoles- Inouye Johnson can also vote for this amendment and cents, and adults with Fetal Alcohol Syn- drome and Fetal Alcohol Effect) The amendment (No. 3610), as amend- walk out with a clear conscience and Mr. HARKIN. Mr. President, I have ed, was agreed to. see a much more comprehensive policy an amendment at the desk on behalf of AMENDMENT NO. 3635 put in place. Senators DASCHLE, MURKOWSKI, JOHN- The PRESIDING OFFICER (Mr. AL- The PRESIDING OFFICER. The SON, WYDEN, MURRAY, HARKIN, and LARD). There are 4 minutes equally di- question is on agreeing to amendment REID of Nevada. vided on the Santorum amendment. No. 3635. The PRESIDING OFFICER. The Who seeks recognition? Mr. SANTORUM. I ask for the yeas clerk will report. The PRESIDING OFFICER. The Sen- and nays. The legislative clerk read as follows: ator from Arizona. The PRESIDING OFFICER. Is there a Mr. MCCAIN. Mr. President, a vote in sufficient second? The Senator from Iowa (Mr. HARKIN), for favor of the Santorum amendment will himself, and Mr. DASCHLE, Mr. MURKOWSKI, There appears to be a sufficient sec- basically negate the amendment we Mr. JOHNSON, Mr. WYDEN, Mrs. MURRAY, and ond. The clerk will call the roll. just adopted because it will allow Mr. REID, proposes an amendment numbered Mr. REID. I announce that the Sen- schools and libraries the option of ei- 3658. ator from Hawaii (Mr. INOUYE) is nec- ther blocking pornography or imple- Mr. HARKIN. Mr. President, I ask essarily absent. menting an Internet use policy—an unanimous consent that reading of the The PRESIDING OFFICER. Are there Internet use policy is what they have amendment be dispensed with. any other Senators in the Chamber de- now—nor does it require the filtering The PRESIDING OFFICER. Without siring to vote? of child pornography and obscenity. objection, it is so ordered. I have a letter signed by various or- The result was announced—yeas 75, The amendment is as follows: nays 24, as follows: ganizations, including the American On page 27, line 4, insert before the colon Families Association, Family Research [Rollcall Vote No. 150 Leg.] the following: ‘‘, and of which $10,000,000 Council, and many other organizations. YEAS—75 shall remain available until expended to The final paragraph says: Akaka Feingold Moynihan carry out the Fetal Alcohol Syndrome pre- vention and services program. We believe the author of the bill, Senator Allard Feinstein Murkowski Ashcroft Frist Murray On page 34, line 13, insert before the colon Santorum, has the best of intentions. His bill Baucus Gorton Reed the following: ‘‘, of which $15,000,000 shall re- will not provide an effective solution to the Biden Graham Reid main available until expended to carry out problem of pornography in schools and pub- Bingaman Grams Robb the Fetal Alcohol Syndrome prevention and lic libraries. Bond Gregg Roberts services program. I agree with them. I urge a ‘‘no’’ Boxer Hagel Rockefeller Breaux Harkin Roth The PRESIDING OFFICER. The Sen- vote. Bryan Helms Santorum ator from Texas. The PRESIDING OFFICER. The Sen- Bunning Jeffords Sarbanes ator from Pennsylvania. Burns Johnson Schumer AMENDMENT NO. 3619 Mr. SANTORUM. Mr. President, I re- Campbell Kennedy Sessions (Purpose: To clarify that funds appropriated spectfully disagree. My amendment is Chafee, L. Kerrey Shelby under this Act to carry out innovative pro- Cochran Kerry Smith (OR) grams under section 6301(b) of the Elemen- supported by groups on the left and the Collins Kohl Snowe right and the middle: the NEA, the Coverdell Landrieu Specter tary and Secondary Education Act of 1965 shall be available for same gender schools) American Library Association, and the Craig Lautenberg Stevens Crapo Leahy Thomas Catholic Conference. Mrs. HUTCHISON. Mr. President, I Daschle Levin Thurmond call up amendment No. 3619. Senator MCCAIN started the ball roll- Dodd Lincoln Torricelli ing. I give him credit for requiring Domenici Lott Voinovich The PRESIDING OFFICER. The Internet software. The fact is, that is Durbin Mack Warner clerk will report. Edwards McConnell Wellstone The legislative clerk read as follows: not comprehensive enough and not lo- Enzi Mikulski Wyden cally generated. My amendment says The Senator from Texas (Mrs. HUTCHISON), NAYS—24 we have to have public notice and a for herself and Ms. COLLINS, proposes an amendment numbered 3619: public meeting by the community, in- Abraham Dorgan Inhofe Bayh Fitzgerald Kyl On page 59, line 12, before the period insert volving the library or the school, to de- Bennett Gramm Lieberman the following: ‘‘: Provided further, That funds velop a comprehensive Internet policy. Brownback Grassley Lugar made available under this heading to carry Blocking software does not deal with Byrd Hatch McCain out section 6301(b) of the Elementary and Cleland Hollings Nickles chatrooms, e-mails, hacking, and dis- Conrad Hutchinson Smith (NH) Secondary Education Act of 1965 shall be semination of minor information over DeWine Hutchison Thompson available for education reform projects that the Internet. It is good as far as it provide same gender schools and classrooms, NOT VOTING—1 goes, but we need a comprehensive pol- consistent with applicable law’’. icy that is locally developed with com- Inouye Mrs. HUTCHISON. Mr. President, I munity standards. If they choose not to The amendment (No. 3635) was agreed will speak very briefly because I think do that, then they have to buy the soft- to. we have agreement in a bipartisan ef- ware. Mr. MURKOWSKI. Mr. President, I fort on this amendment. I am very We require a policy that deals with move to reconsider the vote, and I pleased that we will be able to offer all of these four things I just men- move to lay that motion on the table. this amendment and hopefully clarify

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12441 some of the issues that have sur- I have worked with Members on both H.R. 4577, LABOR–HHS APPROPRIATIONS, 2001—SPEND- rounded single-sex classrooms in sides of the aisle. I believe there is no ING COMPARISONS—SENATE-REPORTED BILL—Contin- schools for public education. opposition to this amendment. I am ued As most people know, title VI is the very pleased that is the case because if [By fiscal year 2001, in millions of dollars] part of our education funding that al- we can clarify this and if we can open General Manda- lows for new and innovative and cre- more options for school districts to purpose tory Total ative approaches to public education. have to meet specific needs of students Outlays ...... 93,074 237,578 330,652 We have set aside money so school dis- and their individual school districts, Senate 302(b) allocation: tricts can come forward and say that why not? Budget authority ...... 97,820 237,142 334,962 Outlays ...... 93,074 237,578 330,652 their school districts need this par- That is what our Federal dollars 2000 level: ticular type of emphasis. If it is cre- should do—allow the decisions to be Budget authority ...... 86,151 233,459 319,610 Outlays ...... 86,270 233,644 319,914 ative, and it serves the needs of that made at the local level with as many President’s request: particular school district, they can get options as we can possibly give them. Budget authority ...... 105,947 237,142 343,089 Outlays ...... 96,561 237,578 334,139 Federal funding for those kinds of pro- I appreciate the support of everyone House-passed bill: grams. in the Senate. I have worked with Budget authority ...... 96,837 237,142 333,979 Outlays ...... 92,590 237,578 330,168 One of the types of education that many Members of the Senate. Senator SENATE-REPORTED BILL COMPARED TO: has been proven in certain instances to COLLINS is a cosponsor of this amend- Senate 302(b) allocation: help the girls or boys who have partici- ment. Senator COLLINS has been one of Budget authority ...... pated are single-sex schools and single- Outlays ...... the strongest supporters of girls 2000 level: sex classrooms. Many parochial schools schools and classrooms and boys Budget authority ...... 11,669 3,683 15,352 Outlays ...... 6,804 3,934 10,738 and private schools are single sex. schools and classrooms of any Member President’s request: 1 There are girl schools and boy schools. of the Senate. Budget authority ...... ¥8,127 ...... ¥8,127 Outlays ...... ¥3,487 ...... ¥3,487 Some parents want to have their chil- I look forward to having our vote to- House-passed bill: dren in that atmosphere because they morrow. I hope, frankly, that it is Budget authority ...... 983 ...... 983 believe that sometimes girls can excel unanimous. Outlays ...... 484 ...... 484 if they don’t have boys in the class and Thank you, Mr. President. I yield the 1 Because the Senate-reported bill includes $5.8 billion in BA savings that offset the gross levels in the bill but that are not included in the Presi- they are more willing to speak up. This floor. dent’s budget, the comparison of the bill to the President’s request over- has been shown in many instances to Mr. DOMENICI. Mr. President, I rise states the difference by that amount. be the case. And the same is true par- in support of S. 2553, the Departments Note: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. ticularly with adolescent boys where of Labor, Health and Human Services, they have single-sex schools, and they and Education and Related Agencies SOCIAL SERVICES BLOCK GRANT PROGRAM AND are not diverted by having girls in the Appropriations bill for FY 2001. STATE CHILDREN’S HEALTH INSURANCE PRO- GRAM class. They do better in some cir- The bill provides $272.6 billion in new budget authority and $221.9 billion in Mr. GRASSLEY. Mr. President, I am cumstances. glad to join my colleagues in support of We are not saying that we prefer this new outlays for the operations of the restoring funds to cuts made in the approach. We are not saying that we Departments of Labor, Health and Senate Labor, Health and Human Serv- Human Services, and Education and mandate it. We are not even suggesting ices appropriations bill to the Social numerous related federal agencies. that it be done. We are saying that we Services Block Grant program. This want to have as many options for pub- I have concerns about $6.1 billion in mandatory offsets in the bill. These block grant program serves millions of lic school districts and students as we older Americans, children and people offsets are likely to be challenged on can possibly give them so that the with disabilities across the nation. The the floor in a way that could put the local community and the parents can funding helps states provide services bill over the allocation. I am also con- make the decision for the boys and that no one else will provide. The cerned about the advanced appropria- girls who are attending those schools money keeps people independent. It tion for 2003 in the SCHIP program. about what will give them the best keeps them out of nursing homes. It When outlays from prior-year budget chance to get the best education that keeps them employed. These are not authority and other completed actions they can get. Allowing them to have frivolous services. They are critical to are taken into account, the Senate-re- title VI funding for a single-sex school the well-being of thousands of people. or single-sex classroom is one way to ported bill totals $335.0 billion in budg- In my state of Iowa, more than put one more option out there. That is et authority and $330.7 billion in out- 100,000 Iowans receive services under what this amendment does. lays. The bill is exactly at the Sub- this block grant Polk County, includ- I am very pleased to have worked committee’s revised 302(b) allocation ing the city of Des Moines, gets this with Members on both sides of the aisle for both budget authority and outlays. funding to transport developmentally to try to clarify this situation because, The scoring of the bill reflects the ad- disabled residents to doctor visits, in fact, we have several public schools justments agreed to in the Balanced physical therapy, employment, and day that are single sex. Budget Act of 1997 for Continuing Dis- treatment. The county provides 56,000 The Young Women’s Leadership ability Reviews (CDRs) and adoption of these trips each year. Under a fund- Academy in East Harlem is a girls assistance. ing cut, these rides could stop. Polk school. California has three girls I commend the managers of the bill County’s developmentally disabled schools and three boys schools. West- for their diligent work. residents would be on their own for ern High in Baltimore is over 100 years Mr. President, I ask unanimous con- transportation. old. It is a girls school. Philadelphia sent that a table displaying the Senate Polk County also funds residential has a girls school that has been quite Budget Committee scoring of the bill treatment for developmentally dis- successful for many, many years. be printed in the RECORD at this point. abled and mentally ill residents. The We say if this is an option that par- There being no objection, the table treatment costs $75 a day. That helps ents want to pursue, we want to have was ordered to be printed in the people avoid nursing home stays. It that option on the table. Parents may RECORD, as follows: makes sense, because no one wants to not be able to afford a private school or go to a nursing home, and the expense maybe they prefer public education. H.R. 4577, LABOR–HHS APPROPRIATIONS, 2001— is large. Under a funding cut, the coun- Let’s give them another option among SPENDING COMPARISONS—SENATE-REPORTED BILL ty could eliminate residential treat- the many that we are seeing now in [By fiscal year 2001, in millions of dollars] ment for 34 residents. creative learning and better opportuni- General Manda- Clay County is already having trou- ties for the young people in a par- purpose tory Total ble providing placements for clients ticular school district. That is what Senate-reported bill: with mental health problems and de- the amendment does. Budget authority ...... 97,820 237,142 334,962 velopmental disabilities. The county

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12442 CONGRESSIONAL RECORD—SENATE June 27, 2000 has a waiting list for placements. Pro- Texas and other states that have duced funding for two vitally impor- viders’ fees have been frozen for over been so successful in helping people to tant programs—the State Children’s three years. become self-sufficient should not be pe- Health Insurance Program (S–CHIP) I hope to spare any Iowans from more nalized for that success. While some and the Social Services Block Grant worry about this funding. It’s a relief have argued that states have billions in (SSBG) program. to hear assurances of complete funding unused welfare funds, it is my under- When you look at the bill, there are of social services. standing that Texas, for one, has obli- major increases for other programs, Mrs. HUTCHISON. Mr. President, I gated to date all of its TANF funds. To which to me, suggests that the Sub- rise to associate myself with the re- rescind more than $39 million in funds committee did not adequately marks of several of my colleagues who from our state would disrupt not only prioritize what should be funded. spoke previously on several issues of the welfare program, but also the many The programs that these cuts would importance to me and my home state other activities funded by TANF funds have affected—S–CHIP and SSBG—are of Texas with regard to provisions in in the state, including worker training essential for welfare reform; helping to the fiscal year 2001 Labor, HHS, and and child care. This disruption of fiscal keep people off welfare and eliminating Education Appropriations bill. year 2000 funds would also affect the some of the reasons why people went The bill as presently drafted would state legislative process, necessitating on welfare in the first place. rescind important welfare funding to a retroactive budget adjustment during I support many of the programs and states under the program known as the next session of the Texas Legisla- items that are funded by this bill, and ‘‘TANF’’ (Temporary Assistance for ture, which will not meet again until I commend the fine work of our federal Needy Families). It would also cut the January of next year. agencies in carrying out these pro- Social Services Block Grant (SSBG) The federal TANF program was also grams, but I am not convinced that we program by $1.1 billion. Finally, the intended to allow states to develop should provide huge increases in fund- bill would threaten funding under the funding reserves to utilize during times ing for some programs—like a 15 per- Children’s Health Insurance (or of economic downturn and/or higher cent increase for NIH—at the expense ‘‘CHIP’’) Program. than usual unemployment. For exam- of addressing basic human needs in I was very pleased to hear Senator ple, the Texas Workforce Commission other programs—such as S–CHIP and STEVENS, the distinguished Chairman SSBG. of the Appropriations Committee, and was able to recently use TANF funds to respond to the more than 18,000 Texans Mr. President, I oppose the cuts to Senator ROTH, the distinguished Chair- these programs that have been in- man of the Finance Committee, con- who lost their jobs during the oil price cluded in this bill. I know that the Sen- firm on the floor today that they are crash of 1997 to 1999. It is also fundamentally unfair to ate Appropriations Committee Chair- committed to resolve these issues in man, Senator STEVENS, has indicated favor of the states during the con- only cut TANF funds to the 17 states that he will work to ensure that full ference. I look forward to working with that presently receive them, while not affecting the funding received by the funding is restored in Conference. How- both Senator STEVENS and Senator other 33 states. These states, on aver- ever, I want to be clear to my col- ROTH to ensure that these issues are leagues—these two programs must not adequately addressed in that process. age, use TANF funds at a higher rate It is my understanding that the re- than the national average, using 97 per- return to the Senate floor with these scissions in TANF, CHIP, and SSBG cent of their total allocations versus 93 cuts intact. Funds must be restored in funding in the bill were, in effect, tem- percent for other states in fiscal year Conference, and, in my view, the Con- porary measures included until the 1999. In short, they need the additional ferees also need to take out some of the broader funding issues could be re- funds. increases in the Labor-HHS bill in solved in conference. Nevertheless, I Many states that receive these sup- order to bring it within its 302b alloca- am very pleased to hear a reaffirma- plemental funds are presently planning tion. tion of their commitment to address to expand their welfare and related Mr. President, as my colleagues this in conference. programs, to include a broader range of know, when Congress passed the Bal- In particular, I am committed to en- services to enable all welfare recipients anced Budget Act of 1997, one of the suring that TANF funds totaling $240 to become self-sufficient. Many single provisions included in that landmark million, including $39.5 million in mothers, for example, have child care legislation called for the establishment Texas, are not jeopardized. These funds and transportation needs that make it of the State Children’s Health Insur- stem from a provision in the 1996 Wel- all but impossible to find and keep a ance Program—or S–CHIP as it is fare Reform Act that I and others sup- job. Others simply lack basic education known. ported to provide additional funds to and job skills that preclude them from S–CHIP is the single largest federal high-growth, high-need states like holding virtually any employment. investment in health insurance since Texas, Florida, California, and others. Still others have chronic substance the establishment of the Medicaid and Under the revisions in federal welfare abuse and psychological problems that Medicare programs in 1965. It is a part- payments contained in that welfare re- are complex and difficult to address. As nership between the federal govern- form bill, states like these stood to states seek to bring these so-called ment and our states, enacted to im- lose significant funds, and it was un- ‘‘hard core’’ welfare recipients into the prove access to health care for chil- clear whether they would be able to economic mainstream, they will need dren. meet their legal obligations to low in- all the TANF and other forms of fed- I lobbied for this program as Vice come families. eral assistance they can get to break Chairman of the National Governors’ To help ensure that states like these the cycle of poverty. Association. As the Governor of Ohio, I could continue to meet the needs of Mr. President, I again want to thank understood how important it would be their residents while they transition to the Senator from Alaska, Senator STE- to the children of this country and the new system of emphasizing work VENS, the Senator from Pennsylvania, their parents. In particular, I saw what and self-sufficiency over dependence, I Senator SPECTER, and the Senator from it would mean to parents who were supported the inclusion of these so- Delaware, Senator ROTH for their com- moving off welfare as part of welfare called ‘‘supplemental grants’’ funds in ments today and for their responsive- reform but needed assurances that the welfare reform law. Since then, ness on these issues. their kids would have health care. these funds have been an important Thank you, Mr. President. I yield the As most of my colleagues know, as component of some 17 states welfare re- floor. people move off welfare, they lose their form programs, programs that have Mr. VOINOVICH. Mr. President, as it Medicaid insurance. However, even as been tremendously successful. For ex- was reported out of the Senate Appro- individuals move towards picking up ample, in my state of Texas, welfare priations Committee, the Labor, HHS health insurance where Medicaid left- rolls have been reduced by 63 percent. and Education Appropriations bill re- off, the biggest thing that parents are

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12443 concerned about is being able to pro- In addition to the proposed cuts in S- them the opportunity to help all Amer- vide health care for their children. I CHIP, the Labor-HHS appropriations icans. am concerned that if the S–CHIP pro- bill had proposed another break in a Mr. BAUCUS. Mr. President. I regret gram is not funded appropriately, it commitment that Congress made with that I was unable to vote on Amend- will take a lot of people who have gone the states. ment 3625 to the Labor-Health Human off welfare and force them to have to In 1996, as part of welfare reform, Services appropriations bill. It was im- go back on. Congress agreed to provide $2.38 billion portant for me to be in Montana for a I remember speaking to mothers who each year for the Social Services Block conference I had organized on the fu- were on welfare when I was Governor, Grant, or SSBG. ture of our state’s economic develop- at the time when we were going States and local communities have ment. through welfare reform, and many of been able to target SSBG funds where I would like to explain how I would these individuals told me that the rea- they are most needed. For example, in have voted on this amendment, had I son they went on welfare in the first my state of Ohio, funds have been used been present. place was to get health care coverage for such programs as adoption services In our current era of staggering sci- for their children. in Washington County and foster care entific achievement—as demonstrated S–CHIP gives parents peace of mind assistance in Montgomery County; by yesterday’s announcement of the that their children have access to qual- home-based care for the elderly and the mapping of the human genome—it is ity health care if it is not available disabled such as home delivered meals easy to become complacent with med- through their place of employment and in Franklin County; child and adult ical technology. they don’t have enough money to af- protective services in Cuyahoga and However, we cannot afford the price ford health care coverage. Allen Counties; and substance abuse of complacency. One of the greatest S–CHIP is not a ‘‘one size fits all’’ treatment in Hamilton County—just to health threats our nation currently sort of program. One of the more ap- name a few. faces is antibiotic resistant infections. pealing aspects of S–CHIP is its flexi- However, the funds for SSBG have These infections are the result of abuse bility. States have been able to design been chipped away little by little. In and misuse of antibiotics—the drugs innovative new programs and methods fiscal year 2000, the program is funded which form the keystone of modern of reaching out to help uninsured chil- at $1.7 billion, but the Senate Labor- medicine. These drug resistant infec- dren. HHS appropriations bill, as reported, tions know no barriers and are a threat Some states are even looking at with only proposed $600 million for fiscal to us all. The World Health Organiza- ways in which they can provide family 2001—75 percent less than the amount tion reports that antibiotic-resistant coverage for the same cost as covering promised to governors in 1996! infections acquired in hospitals kill a child. A cut of this magnitude would be dif- over 14,000 people in the United States Thus far, S–CHIP has been able to ficult, at best, for state and local gov- every year. Unless steps are taken to help over 2 million children obtain ernments to absorb, especially on top monitor and prevent antibiotic misuse, health insurance, and the opportunities of the cuts over the past few years. this number can only increase. to expand the program through its Congress can’t assume states will make Protecting our nation and our chil- flexibility seem limitless. It is a pro- up for the loss. dren from antibiotic resistant infec- gram that is universally supported in As such, the lack of funding would tions is vital. That is why I am pleased our states. have caused a disruption in critical to support this amendment. This legis- Therefore, you can imagine my sur- services to individuals in need—many lation increases the ability of public prise to find that when the Senate Ap- of whom are not covered by other fed- health agencies to monitor and fight propriations Committee reported out eral programs. antibiotic resistant infections. It also its version of the Labor, Health and Many of the programs funded seeks to reduce the incidence of anti- Human Services, and Education Appro- through SSBG prevent additional costs biotic resistance by educating doctors priations bill last month, the bill con- to the federal government in the long and patients about the proper use of tained a provision to rescind $1.9 bil- run. For example, SSBG helps provide antibiotics. lion from S–CHIP. in-home services to the elderly and the This legislation will help protect the The reason given for this S–CHIP re- disabled, thereby eliminating the need health of all Americans and I applaud scission was a desire to free up $1.9 bil- to place them in a costly institutional my colleagues for their support. lion in budget authority to help fi- setting. In addition, SSBG funds are The PRESIDING OFFICER. The Sen- nance discretionary programs in the used for family preservation and reuni- ator from Alaska is recognized. Labor-HHS appropriation bill. fication efforts in order to cut down on Mr. MURKOWSKI. Mr. President, I Although the Senate appropriations the number of foster care placements. ask unanimous consent to speak as if bill restores the $1.9 billion to S–CHIP The notion that states can make up in morning business for 15 minutes. in 2003, the funds would be of little use this $1.1 billion loss with TANF funds The PRESIDING OFFICER. Without to states and children in need of health is false. Many of the populations served objection, it is so ordered. insurance in the coming fiscal year. through SSBG, primarily the elderly Mr. MURKOWSKI. I thank the Chair. If the federal government is to be a and the disabled, have no connection to (The remarks of Mr. MURKOWSKI true partner with the states, then the the traditional welfare system and can- pertaining to the introduction of S. states must have the confidence that not be served with TANF funds. 2799 are located in today’s RECORD the federal government will not shrink That’s why I am pleased that we have under ‘‘Statements on Introduced Bills from its commitment to S–CHIP and to been able to reach an agreement with and Joint Resolutions.’’) children. Actions such as the proposed the Appropriations Committee to take f $1.9 billion rescission threaten the in- these provisions from the Labor-HHS tegrity of a critical program designed bill. In my view, these provisions would OIL exclusively to help 2 million of our na- have had a devastating impact on our Mr. MURKOWSKI. Mr. President, it tion’s children. most vulnerable citizens: children, the is appropriate I comment on the an- I can understand why our nation’s poor and the elderly. nounced position by our Vice President governors, Republicans and Democrats, Again, I would like to thank my col- today on his program to lower oil im- have been united in their opposition to leagues for their hard work in getting ports and stabilize climate change. the proposed cut in S–CHIP—because these provisions removed from this As identified in the AP summary of the program works. We should not be bill. I believe their efforts will go a June 27, under a program to ‘‘lower oil in the position of reversing the federal- long way towards restoring the faith of import and stabilize climate,’’ the Vice state partnership that makes this vital our state and local leaders that the President’s plan for a national energy program function. Senate is truly committed to giving security and environmental trust fund

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12444 CONGRESSIONAL RECORD—SENATE June 27, 2000 calls ‘‘for diverting more than $80 bil- $17 billion in the same period in direct consistency. But the fact is, his pro- lion over the next 10 years from pro- spending and direct incentives for re- gram, at a cost of $75 billion to $80 bil- jected Federal budget surpluses for tax newables. My point is not to belittle lion over 10 years, supposedly from the incentives to drive investment in en- renewables or their important role, but surplus, is not going to do a single ergy efficient technologies for trans- the reality is there is simply not thing today to reduce gasoline prices. portation and energy use.’’ enough. At less than 4 percent—exclud- So what are we going to do? How are Notice it doesn’t identify any new ing hydro—they simply are not going we going to relate to this? I think it is source of energy to relieve the short- to provide the relief we need. fair to say the Vice President misses age. I think it is important we understand the point. He proposes in a $4.2 billion program the Vice President’s programs. While To borrow a phrase from the Clinton to encourage electric production from we all want to conserve energy, we administration: It is the gasoline renewable energy sources such as wind, want to reduce pollution, we want to prices, stupid. solar, and $1 billion for accelerated de- reduce the Nation’s dependence on for- We are paying more for gasoline than preciation for investments and distrib- eign oil, the facts are in many cases we at any other time in our history. That uted power assets. are not reducing the dependence on for- is the fact. Gasoline and natural gas But the bulk of the plan is expected eign oil. We are increasing. In 1973 and prices have doubled. Do you remember to cost $68 billion over the next decade 1974 when we had the Arab oil embargo, last March, we were paying $10, $11, $12 and is dedicated to what Gore calls a we were 37-percent dependent on im- a barrel? Today we are paying $32 a technology for tomorrow, a competi- ported oil. Today, we are 56 percent on barrel. tive program designed to provide tax an average and we have gone as high as Natural gas, which is assumed to be a relief, loans, grants, bonds, and other 64 percent. godsend, our relief, has gone from $2.65 financial instruments for emission re- In the Vice President’s plan, I want per thousand cubic feet to $4.56 for de- duction at powerplants and industrial to know how he plans to reduce the Na- liveries in January. The American con- facilities. He doesn’t mention one word tion’s dependence on foreign oil when sumer has not felt this, but they will. about what kind of energy he proposes the Secretary of Energy is out solic- And there will be a reaction. Wait until we are going to use. iting for greater production from Ku- people start getting their gas bills He indicates we will harness that wait, Saudi Arabia, and Mexico. around this country—not just their gas uniquely American power of innova- He wants to reduce the threat posed bill but their electric bill, because a tion. Innovation will not go in your gas by global warming. I think that is a good deal of the electricity is gen- tank and get you home or get you on a challenge for American technology and erated from gas. vacation. He goes on to say: We will ingenuity. He wants to curtail brown- So the Vice President wants to radi- say to the Nation’s inventors and en- outs by increasing electric grid reli- cally change the domestic energy in- trepreneurs, if you invest in these new ability. What has the administration dustry in the future and he wants to technologies, America will invest in done of late in that regard? They have spend $75 billion to $85 billion to do it. you. not worked with the Energy Com- The Presidential candidate said: Think about the conventional sources Through the power of free market, we mittee, which I chair, on electric re- of energy and the administration’s po- will take a dramatic step forward for structuring, which was designed spe- sition. Coal? They oppose coal. They our children’s health, which will also cifically to address how we were going oppose advanced technology, clean be a dramatic new step towards a sta- to provide an incentive for more trans- coal, expansion of the coal mines, ex- ble climate. mission lines to be built so we could pansion of the generation from coal. It is a good deal of rhetoric and ensure that we would not have brown- They have already identified nine sounds pretty good. But in reading outs, how we were going to ensure that plants they propose to close and it is a that, one would come to the conclusion we would have adequate energy, wheth- dispute whether the managers of these that we simply have not been doing er natural gas, coal, oil, or nuclear. plants have purposely extended the life anything in the area of renewables. I This administration, right down the of the plants or, as the management point out for the RECORD, in the last 5 line, in its energy policy, specifically, says, in order to maintain the plants to years this country has spent $1.5 bil- has highlighted that it does not have the permits they have had to do cer- lion for renewable energy research and an energy policy. We have seen that in tain improvements. development. our inability to prevail on high-level They oppose hydro. Their proposal is What have we done over the last two nuclear waste storage. We are one vote to tear down the hydro dams out West. decades? We have spent $17 billion over short of a veto override. There is a tradeoff there. The tradeoff the last 20 years in direct spending, in It is also important to go in and iden- is that you put more trucks on the tax incentives for renewables. My point tify the new initiatives that the Vice highway if you do away with the barge is, we are all supportive of renewables, President has indicated are in his pol- transportation system on the Columbia but how successful have we been? We icy statement. One is to ‘‘extend incen- River. It is not just a few more trucks have been putting money on them. We tives for natural gas exploration.’’ on the highway; it is several hundred have been providing tax incentives. That is actually in his statement. But thousand because the barges are the Our total renewable energy con- let me refer to a statement our Vice most effective way to move volumes of stitutes less than 4 percent of our total President made October 22, 1999, in tonnage. energy produced. That excludes hydro. Rye, NH: They oppose nuclear—no nuclear. Mr. President, 4 percent is from bio- I will do everything in my power to make They oppose oil and gas drilling, as in- mass, less than 1 percent from solar sure there is no new drilling— dicated by the comments of the Vice and wind. Yet most of the money in the No new drilling, Mr. President. President. technology has gone to solar, wind, and even in areas already leased by previous ad- I think it is fair to say Vice Presi- biomass. ministrations. dent AL GORE is OPEC’s best friend be- So when the Vice President suggests I don’t know how he can make that cause in reality the only answer they a program of expenditures, some $80 statement on October 22, 1999, and have is to propose to import more en- billion over the next 10 years, we need today and yesterday make the state- ergy. Where are we getting that en- relief now—the American consumer, ment that he wants to extend incen- ergy? Saudi Arabia and another coun- the American motorist, the trucker. tives for natural gas exploration. try, which I find really gets my atten- We see on our cab bills a surcharge. We Where is it going to come from? I cer- tion in the sense of being indignant. I see on the airplane bills a surcharge. tainly don’t know where it is going to guess I might say I am outraged. A few We need relief now. come from. years ago, in 1991 and 1992, we fought a We have spent $1.5 billion for renew- I could go on and on and identify war in Iraq—Desert Storm. We lost 147 able research over the last 20 years and each one of these, where there is an in- lives in that war. We had roughly 427

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12445 men and women who were wounded in just not an attractive investment. So spokesman Doug Hattaway. ‘‘He’s the execu- that conflict. We had 23 taken prisoner. we have constricted ourselves, we have tor of the estate, but he’s not the trustee of Since that time, we have enforced a no- put on more regulations, and the price the trust. It’s a separate thing.’’ Still, Mr. Gore’s recommendation to pri- fly zone over Iraq. That no-fly zone is is being passed on to the consumer. vatize Elk Hills ended up enriching his moth- an aerial blockade, if you will. It has While I applaud the Vice President er, who is expected to eventually bequeath cost the American taxpayer over $10 for recognizing that American inge- the stock to the vice president, her sole heir. billion to enforce. Yet, from time to nuity and technology should drive fu- Last week, Mr. Gore began a concerted ef- time, we launch a sortie to fly over ture energy demands, the reality is fort to blame skyrocketing gasoline prices Iraq, where they violated the no-fly that unless we increase our domestic not only on ‘‘big oil,’’ but also on Texas Gov. zone. We drop bombs on various targets supply, we are going to continue to George W. Bush. Gore aides have emphasized near Baghdad. This is part of our for- have shortages and higher prices. The that Mr. Bush once ran several oil-explo- alternatives to that are not very bright ration firms and has accepted more cam- eign policy. paign contributions from oil companies than Perhaps I can simplify this. It seems from the standpoint of any immediate the vice president. to me we buy their oil. The interesting relief. The Texas governor has dismissed the at- thing is we start out with 50,000 barrels I am going to also make a reference tacks as an attempt to divert attention away a day. Last year it was 300,000 a day. to an article in the Washington Times, from Mr. Gore’s energy and environmental Today it is 750,000 barrels a day. We which I ask unanimous consent be policies, which have driven up gasoline buy the oil, send Saddam Hussein the printed in the RECORD. prices. Political analysts say the spiraling money. Then we put the oil in our air- There being no objection, the article gas prices could imperil Mr. Gore’s presi- was ordered to be printed in the dential bid because they are highest in the planes and we go bomb him. Midwest, which he must carry in order to Maybe it is more complicated than RECORD, as follows: win the White House. that. There are a few people who are [From the Washington Times, June 26, 2000] The political and financial fortunes of the unfortunate victims. Saddam Hussein OCCIDENTAL DEAL BENEFITS GORES Gore family were established largely with oil holds up a press release and says: The SALE OF FEDERAL OIL FIELD BOOSTS FAMILY money from Occidental’s founder, Armand Americans and the British have killed FORTUNE Hammer. Part capitalist and part Com- so many Iraqi citizens. (By Bill Sammon) munist, Mr. Hammer became the elder Gore’s patron more than half a century ago, That obviously rallies his people Vice President Al Gore’s push to privatize around him and the vicious circle showering him with riches and nurturing his a federal oil field added tens of thousands of political career through the House and Sen- starts again. dollars to the value of oil stock owned by the ate. That is where we are getting our Gore family, which has been further enriched The elder Gore enthusiastically returned greatest single increase of oil—from by skyrocketing gasoline prices. the favors. In the early 1960s, Sen. Gore took Iraq, a country where it wasn’t so long Shares of Occidental Petroleum jumped 10 to the Senate floor to defend Mr. Hammer ago we were sacrificing lives. It is from percent after the company purchased the Elk against FBI Director J. Edgar Hoover, who Hills oil field in California from the federal a tyrant who obviously is using the wanted to investigate Mr. Hammer’s Soviet government in 1998. Mr. Gore, whose family ties. money he is getting from the oil he owns at least $500,000 in Occidental stock, smuggles to develop his missile tech- In 1965, the elder Gore helped Mr. Hammer recommended the sale as part of his ‘‘rein- obtain a visa to Libya, where he opened oil nology and his biological warfare capa- venting government’’ reform package. fields that turned Occidental into a multi- bility. Clearly, he is up to no good and The sale, which constituted the largest pri- national powerhouse. represents a significant threat to the vatization of federal land in U.S. history, When the elder Mr. Gore lost his re-elec- Mideast and Israel as well, without transformed Occidental from a lackluster fi- tion bid in 1970, Mr. Hammer installed him nancial performer into a dynamic, profit- as head of an Occidental subsidiary and gave question. spewing, oil giant. Having instantly tripled Here we have an administration, a him a $500,000 annual salary. The man who its U.S. oil reserves, the company began had begun his career as a struggling school- Vice President, who has no real relief pumping out vast sums of crude at low cost. in sight. He has a 10-year program cost- teacher in rural Tennessee ended it as a mil- As the months went by, Occidental was lionaire oil tycoon. ing $80 billion that is not going to pro- able to sell the oil, which ends up at gasoline The younger Gore also benefited from Mr. vide the American consumer with any retail outlets like Union 76, for more profit. Hammer’s generosity. He was paid hundreds cheaper gasoline tomorrow, the next Rising oil prices have significantly improved of thousands of dollars in annual payments day, next week, next month, or next Occidental’s bottom line, said analyst Chris- of $20,000 for mineral rights to a parcel of topher Stavros of Paine Webber. land near the family’s homestead in Ten- year. But what the Vice President pro- This year, the company posted first quar- nessee that Occidental never bothered min- poses is designing your future but ig- ter revenues of $2.5 billion, or 87 percent noring the crisis at the pump. The Vice ing. higher than a year earlier. That’s a bigger When the younger Gore first ran for presi- President wants the Government to increase than at nine of 10 other oil compa- dent in 1988, Mr. Hammer promised former tell you what energy you are going to nies listed in a survey that Mr. Gore cited Sen. Paul Simon ‘‘any Cabinet spot I want- use and what price you are going to last week as evidence of price gouging. ed’’ if he would withdraw from the primary, The rise in Occidental oil prices, coupled pay for it. That is basically what we according to a 1989 book by the Illinois Dem- with the acquisition of the Elk Hills field, are doing with reformulated gasoline. ocrat. has paid handsome dividends for the Gore We have refineries now customizing Mr. Gore and his wife, Tipper, once flew in family. Mr. Hammer’s private jet across the Atlantic gasoline because the Environmental The vice president recently updated his fi- Ocean. They hosted Mr. Hammer at several Protection Agency has mandated cer- nancial disclosure form to put the value of presidential inaugurations and remained his family’s Occidental stock at between tain formulas in various parts of the close to the oilman until his death in 1990. country. I am not here to debate the $500,000 and $1 million. Prior to the Elk Hills In 1992, when Arkansas Gov. Bill Clinton merits. But the reality is, it costs sale and gasoline price spike, Mr. Gore had was considering Mr. Gore as his running money. Why does it cost money? For a listed the value of the stock at between mate, the elder Gore wrote a memo describ- $250,000 and $500,000. ing his son’s ties to Mr. Hammer. The docu- lot of reasons. We have lost some of our Gore aides insist the vice president’s push ment was designed to provide Mr. Clinton regional refiners. We have lost 37 refin- to sell Elk Hills does not constitute a con- with answers to possible questions from re- ers in this country, under Clinton- flict of interest. They point out the family’s porters. GORE, two administrations, 8 years. Occidental shares were originally owned by Mr. Hammer’s successor at Occidental, Mr. Gore’s father, who died in 1998, leaving The refineries have not been replaced. Ray Irani, has continued to funnel hundreds the stock in an estate for which the vice We have not had a new refinery in this of thousands of dollars into the campaigns of president serves as executor. country for 10 years. Mr. Gore and the Democratic Party. For ex- Although Mr. Gore continues to list the Why? There are a lot of reasons. One ample, two days after spending the night in stock on his financial disclosure forms, aides the Lincoln Bedroom in 1996, he cut a check is there is an inadequate return on in- said the shares are in a trust for the vice for $100,000 to the Democratic Party. vestment. Another reason is that the president’s mother, Pauline. permitting takes so long. The third is ‘‘He doesn’t own stock because he’s trying Mr. MURKOWSKI. The title of the the potential Superfund sites; they are to avoid conflicts of interest,’’ said Gore article is, ‘‘Occidental Deal Benefits

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12446 CONGRESSIONAL RECORD—SENATE June 27, 2000 Gores.’’ I don’t begrudge the Gores or ator from Iowa would agree, we have resentatives from the industry and the any families having any investment. been expending a good deal in these administration. We made that decision What I do begrudge is the realization areas of promoting renewables. several days ago. That hearing, as an- that the Vice President has lashed out As a member of the Senate renewable nounced, will be held on Thursday, and attacked big oil. I am not here to and energy efficiency caucus, I am a July 13, at 9:30 a.m. defend big oil. As chairman of the En- supporter of ethanol production, hydro- At that time, we plan to explore ergy Committee, we are having a hear- gen, fuel cell research, and renewable issues of gasoline supply problems and ing. We are going to invite the various energy. To support hydrogen research, ask if deliverability, transportation, oil companies and refiners to come in I moved through my committee and refining, and blending resources are and explain to us why prices have gone into law the Hydrogen Future Act adequate to supply our near-term and up and what the future is likely to which is Public Law 104–271. It was long-term gasoline needs. It is a matter hold. originally introduced in the House by of supply and demand. The supply is It is fair to point out Vice President Bob Walker and authorized the hydro- down, the demand is up. AL GORE has been linking George W. gen research, development, and dem- But it may interest my friend from Bush to big oil. I am not here to sepa- onstrations programs of the Depart- Iowa to know that subpoenas are un- rate that, but as this article points out, ment of Energy. likely to be necessary for the oil com- the Vice President’s efforts to push to In the nearly 5 years that have panies or their representatives. When privatize Elk Hills, which was a Fed- passed since that time, we have spent our committee asks them to appear, eral oilfield in California, added a good over $100 million on hydrogen and fuel they appear. They answer the ques- deal—as a matter of fact, hundreds of cell research in the Department of En- tions asked of them, and I am not an- thousands of dollars—to the Gore fam- ergy. Over the past 5 years, we have ticipating any problem with the oil ily estate fund. This was the Occi- spent another $1.5 billion for renewable companies responding to our questions. dental Petroleum that bought Elk energy research and development, $330 On the other hand, I think you would Hills. million of which has gone for biomass agree, sometimes we do have problems Occidental’s profits soared, and, of research, including ethanol. with the administration. Secretary course, the Gore family stock in the To support renewable wind energy, I Richardson recently found it inconven- company went from a listing of rough- have supported as a member of the Fi- ient to appear before our committee on ly $250,000 to $500,000, up to $1 million, nance Committee a production tax the Los Alamos matter. So there is some doubt he will show up to answer, as a consequence of the privatization of credit for investments in wind energy. Elk Hills. Again, I do not begrudge the To support renewable biomass en- as Senator HARKIN puts it, the tough Vice President and his family making ergy, I have supported the repeal of the questions. We are considering asking the EPA a fair return on an appropriate invest- ‘‘closed loop’’ rule for the biomass en- Administrator, who is responsible pret- ment. There is absolutely nothing ergy tax credit in an effort to boost ty much for the reformulation of gaso- wrong with it. But those who live in biomass energy production, including line around the country, where the re- glass houses should not take baths. In ethanol. fineries are now customizing, and that I am also a cosponsor of Senator this case, that fits the position of the would be EPA Administrator Carol Vice President. LUGAR’s biofuels research bill, S. 935, Browner. There is some question she Finally, I spoke on the floor Friday which passed this body. will appear. She may be worried the re- about the energy crisis we are having. To support the deployment of distrib- formulated gasoline requirements I talked about the Clinton-Gore energy uted renewable energy, I have worked have, in fact, balkanized the market policy, or lack of it. After I spoke, my to make Alaska a test bed for many of and driven prices up. That might make good friend from Iowa made some ob- these technologies. Alaska has scores her inclined not to attend. servations and statements about en- of small communities that are not on a While the Senator from Iowa said in ergy policy that I think warrant some consolidated electric grid. his remarks Friday that reformulated consideration. I am going to take the We are exploring the use of wind tur- gasolines were ‘‘not the problem,’’ I am time, with the indulgence of the occu- bines, fuel cells, and other technologies personally not so sure of that. Consider pant of the chair, to respond. to displace the expensive diesel fuel the following facts: Under the Environ- We do two things in Alaska well: We currently used in these communities mental Protection Agency regulations, harvest timber, and we harvest fish. We because these are the technologies that fuel made for consumption in Oregon is do not have a great deal of agriculture will make sense in a developing world not suitable for California’s consump- potential. We do some hay, potatoes, of energy. tion. Fuel made for distribution in barley, and oats, but we have a short These are all areas that are very im- western Maryland cannot be sold in season. Fish and timber we do well. So portant in the effort to decrease our Baltimore. Areas such as Chicago and I know something about fish and tim- imports of foreign energy and protect Detroit are islands in the fuel system, ber. I do not know much about corn. I our environment, and I do support requiring special ‘‘designer’’ gasolines. do know quite a little bit about energy, them personally, as well as in my posi- Gasoline sold in Springfield cannot be as chairman of the Energy Committee. tion as chairman of the Energy Com- sold in Chicago. After reading the statement of the mittee. A recent Energy Information Agency Senator from Iowa, I think a few of his Senator HARKIN’s contention that we report observed that an eastern U.S. observations deserve a little closer ex- ‘‘need to get a few million dollars’’ for pipeline operator handles 38 different amination. The Senator suggested our research in these areas suggests we are grades of gasoline, 7 grades of ker- investment in ethanol production, in not making these investments when, in osene, and 16 grades of home heating hydrogen, fuel cell research, and re- fact, we are. I did not want any of my oil and diesel fuel. newable energy has been minimal. He colleagues or America to be misled. Between Chicago and St. Louis, a 300- said: Talking about gasoline prices again, mile distance—think of this—four dif- We need to get a few million dollars in for Senator HARKIN also encouraged me, as ferent grades of gasoline are required. the use of hydrogen in fuel cells and fuel cell chairman of the Energy Committee, to Is that necessary? I am not here to de- research. subpoena oil company executives, to bate that point, but I am here to tell Again, the reference I made earlier to put them before my committee and you that it all costs money and the what we have expended speaks for start asking the ‘‘tough questions’’ in consumer pays for it. It is estimated itself. What we have expended in these an effort to get to the bottom of the that reformulated gasoline costs an av- areas is truly not insignificant. It is a high prices. erage of 50 cents more a gallon for the major expenditure in the area of over Indeed, my staff and I had already reasons I have outlined. $20 billion overall in renewables. As a been planning and have planned a hear- The predictable result is refiners consequence of that, indeed, the Sen- ing on gasoline prices to include rep- lack the flexibility to move supplies

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12447 around the country to respond to local have an administration that would Senate today. So with their indul- or regional shortages. Again, I advise much rather send the Secretary of En- gence, I will proceed. My reason for the President that 37 refineries have ergy overseas to beg for increased pro- keeping you here tonight, obviously so closed. No new ones have opened. Why? duction from OPEC and from Saddam late, is the inability to get floor time I think the answer is obvious. Hussein than generate domestic oil in morning business because of the ac- These are among the questions we production here at home where we are celerated schedule. So I hope you will will explore in our hearing, and I hope assured we would have a continued sup- understand. we will have good cooperation from the ply. We could keep the jobs here and f industry and good cooperation from the dollars here. the Clinton-Gore administration. If we were willing to fight for oil sup- UNLOCKING THE DOOR TO PEACE: There are a few things we do know ply in the Persian Gulf, we ought to be INDEPENDENT INSPECTION OF before the hearing. willing to drill for it domestically here IRA WEAPONS Even before we convene the hearing, in the United States. Mr. DODD. Mr. President, I rise to here is what we already know. Ameri- I talked about what the Vice Presi- report on major progress in the imple- cans are now paying more for their gas- dent has said about this. I have noted mentation of the Northern Ireland oline than at any other time in his- the Vice President’s sudden interest, as peace accords. I know many Americans tory. Our dependency on foreign oil is expressed on his campaign trail, about have been very closely following the at an all-time high—higher than any the prices paid by gasoline consumers, events in Northern Ireland over the other time in history. and again, his suggestions that the oil past number of years, under the leader- Again, we fought a war 9 years ago companies are to blame. ship of President Clinton, Vice Presi- over threats to our oil supply. I have Surely this cannot be the same Vice dent GORE, and the former majority indicated the loss of life we have had, President GORE who cast the leader, George Mitchell, who provided the prisoners who were taken, and tiebreaking vote for higher gasoline a herculean effort to bring together the those who were wounded. taxes in this Senate body. disparate sides in Northern Ireland. Further, domestic oil production is Surely this is not the same Vice New ground was broken over the down 17 percent since the start of the President who wrote in his book, weekend which significantly enhances, Clinton-Gore administration. ‘‘Earth in the Balance,’’ that: ‘‘Higher I think, the prospects for permanent I think it is important for Members taxes on fossil fuels . . . is one of the peace after more than a quarter of a to recognize we have a little history to logical first steps in changing our poli- century of sectarian conflict. I men- indicate why we are in this predica- cies in a manner consistent with a tioned George Mitchell. I mentioned ment. more responsible approach to the envi- the President and the Vice President. We will almost assuredly have brown- ronment.’’ Certainly people like Jean Kennedy outs this summer when energy usage Perhaps the Vice President doesn’t Smith, the American Ambassador to exceeds energy supply. That is because have to buy gas as the rest of us, but Ireland, our colleagues here, Senator the Clinton-Gore administration has someone needs to tell him that raising KENNEDY and Senator PAT MOYNIHAN, actively curtailed domestic energy pro- taxes on gasoline only hurts hard- and PETER KING in the House—there is duction in all forms in virtually all working Americans. a long list of people who have been try- areas of this country. In summary, to conclude, I think the ing very hard to get the two commu- For 8 years, President Clinton and energy policy of the Clinton-Gore ad- nities of Northern Ireland to come to- Vice President GORE have been warned ministration can be summed up in a gether and resolve their differences, es- that our foreign oil consumption was single word. That word is ‘‘no’’—no do- tablish a political framework for deal- increasing and our domestic oil produc- mestic oil exploration or production, ing with future conflict, and to aban- tion was decreasing. One can only as- no use of coal, no use of nuclear power, don the bullet and the bomb, which has sume they chose to ignore the warn- no use of hydroelectric power, no to in- claimed too many lives over too long a ings, and now we have record prices for creasing supplies of natural gas, and no period of time. The news this weekend gas and home heating oil. to new oil refineries. is that we are far closer to achieving This is a problem of leadership. Both We have a better idea; that is, the that goal. the President and the Vice President National Energy Security Act of 2000, Martti Ahtisaari, the former Presi- and my good friend, Senator HARKIN introduced by Senator LOTT, myself, dent of Finland, and Cyril Ramaphosa, from Iowa in a speech, suggested that and others because it encourages do- the former leader of the African Na- the oil companies are to blame. It is mestic production, energy efficiency, tional Congress, reported to Prime the blame game played around Wash- renewable energy, and other energy re- Minister Tony Blair of Great Britain ington, DC, all the time. And maybe sources, with the goal of decreasing our yesterday that the Irish Republican the oil companies are partially respon- oil imports to a level below 50 percent. Army allowed them to examine the or- sible. I am not ruling that out. We have a goal in our energy policy, ganization’s hidden arsenals during the But leadership is not assessing in our Republican plan. Ask the Clin- weekend of June 24. The independent blame. Leadership is about preventing ton-Gore administration what their en- inspectors concluded that the IRA’s the crisis before it happens. Sadly, the ergy policy is, what their goal is. As I weapons caches could not be used with- crisis is here, and Americans are pay- see it, it is an $80 billion expenditure out detection. ing the price. Perhaps even worse, the on renewables coming about in 10 This is a major achievement. This is most powerful Nation on Earth—the years, when today, if you exclude one that has broken open the issue of most powerful Nation in the history of hydro, only 4 percent of our energy disarmament that has been one of the the world—is at the mercy of a handful comes from renewables. I wish there stumbling blocks to achieving the final of oil-producing nations because we are were more. goals of the Good Friday accords. not producing our own domestic re- Anyway, this is the kind of balanced This first inspection by international sources. approach that I think will keep energy experts is credible evidence that the Where would we get them? We have supplies stable and affordable for IRA is prepared to follow through with the Rocky Mountain overthrust belt America. I urge my colleagues to sup- respect to its commitment of May 6 to all around Wyoming, Montana, New port the National Energy Security Act open its secret arsenal of weapons to Mexico, and other areas. We have the of 2000, which was raised here on the international inspection. This con- OCS off the Gulf of Mexico, Texas, Ala- floor the other day and the leader fidence-building measure, in my view, bama, and Mississippi, and my State of assures me is pending. could convince the people of Northern Alaska. We have the resources here. I thank the occupant of the chair and Ireland that the IRA is sincere with re- There is absolutely no question about the clerks for prevailing at this late spect to its pledge to put its weapons it. We have the technology. We also hour. I have been asked to close the ‘‘completely and verifiably’’ beyond

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.001 S27JN0 12448 CONGRESSIONAL RECORD—SENATE June 27, 2000 use in the context of implementation the realm of possibility to remove the been involved in this, how much time of the Good Friday accords, those very bomb and the bullet from Irish politics he has devoted to it. He has named ev- accords which George Mitchell of once and for all. It is my fervent hope erybody who has had something to do Maine, the former majority leader, was that these independent inspections will with it, but the one name he left off so instrumental in bringing about. It reduce the feelings of mistrust that was his own. would seem to me that the decision by have historically plagued relations be- Mr. DODD. Mr. President, I thank my David Trimble to press members of the tween the Nationalist and Unionist colleague. I appreciate his kind com- Ulster Unionist Party to rejoin the communities and their political leaders ments. I will add additional names, Northern Ireland Assembly has been and allow further progress to be made too: people such as Tip O’Neill and vindicated by recent events. I com- toward implementing other important Tom Foley. There is a long history mend David Trimble, as well. provisions of the accords, especially that goes back several decades of peo- Despite numerous setbacks that have those related to police reform. ple who have fought for a political so- occurred from time to time with re- Each side has taken positive steps to lution to the problems here and within spect to the full implementation of the meet the letter and spirit of the Good Ireland. I am grateful to my colleague 1998 accords, Prime Minister Tony Friday Accords. Having said that, from Nevada for making the point. Blair, and the Prime Minister of Ire- there is much that remains to be done f land, Taoiseach Bertie Ahern, and to achieve other equally important ob- VICTIMS OF GUN VIOLENCE President Bill Clinton have never lost jectives of the accords, particularly the faith in the process. guarantee of justice and equality for Mr. DURBIN. Mr. President, it has By the way, people like Albert Rey- all of the people of Northern Ireland been more than a year since the Col- nolds and Bertie Ahern deserve great —Protestants and Catholics. Toward umbine tragedy, but still this Repub- credit, as do David Trimble, Gerry that end, I would urge the British gov- lican Congress refuses to act on sen- sible gun legislation. Adams, John Hume, and Martin ernment to move forward expeditiously Since Columbine, thousands of Amer- McGuinness, who have done a magnifi- to implement the recommendations of icans have been killed by gunfire. Until cent job in bringing this about. There the Independent Commission on Polic- we act, Democrats in the Senate will are so many people who have been part ing for Northern Ireland, the so called read some of the names of those who of the effort to achieve what I think we Patten Commission. Creating a police lost their lives to gun violence in the are on the brink of achieving here. The force that is professional, impartial, past year, and we will continue to do so events over the weekend demonstrate and representative of the community it every day that the Senate is in session. that their faith is not misplaced. They serves, as called for by the Patten In the name of those who died, we deserve great credit for not losing Commission, is the only way to guar- will continue this fight. Following are faith. antee justice and equal treatment for the names of some of the people who I, too, have remained optimistic that all. were killed by gunfire one year ago peace is possible. That is because I be- Since the parties first embarked on today. lieve the people of Northern Ireland are the road to resolving Northern Ire- June 27, 1999: anxious to put this long and very pain- land’s ‘‘Troubles’’ in 1994, there have Samie A. Betouni, 35, Chicago, IL; ful conflict behind them. Indeed, before been steps forward and there have been Terrell Bryant, 46, Miami-Dade Coun- the February setback over decommis- steps back—sometimes it has seemed ty, FL; sioning, which caused key provisions of more of the latter than the former. The Daniel M. Danjean, 25, New Orleans, the peace accords to be suspended, the latest actions by the IRA set the stage LA; Northern Ireland Assembly and the ex- for a new chapter in the history of Sonya Danjean, 25, New Orleans, LA; ecutive had been functioning. The reac- Northern Ireland—a chapter of peace Bryan Gilmore, 25, Lansing, MI; tivation of the assembly late last and reconciliation between the commu- Sandi Johnson, 38, Detroit, MI; month has once again restored self- nities of Northern Ireland, as embodied Cornell Scott, 24, Philadelphia, PA; Issac Stephens, 28, Macon, GA; government in Belfast. The inter- in the letter and spirit of the 1998 Good Theodore Strong, 46, Charlotte, NC; national inspections of weapons caches Friday Accords. I strongly urge North- Dennis Tyler, 27, Lansing, MI; together with the renewal of discus- ern Ireland’s political leaders to take Juan Wallace, 20, Chicago, IL; sions between the IRA and the Inter- to heart the significant progress to- Unidentified female, 25, Portland, national Commission on Decommis- ward peace that has been achieved in OR. sioning are giant steps toward the full recent weeks—to draw from that f decommissioning of weapons through- progress renewed energy. And, to find out Northern Ireland. the capacity to set aside mistrust, DOMESTIC VIOLENCE IN SOUTH The IRA has historically held itself allow deep-seated wounds to heal, and DAKOTA AND AROUND THE out as the guardian of the Catholic mi- proceed together to make justice and COUNTRY nority—a minority that has experi- equality a reality for all the people of Mr. JOHNSON. Mr. President, domes- enced decades of inequality and injus- Northern Ireland. tic violence is often the crime that vic- tice at the hands of a Unionist or Mr. REID. Will the Senator yield, tims don’t want to admit and commu- Protestant majority. Paradoxically, without losing his right to the floor? nities don’t want to discuss. However, the IRA has sought to promote justice Mr. DODD. I am happy to yield. almost 10,000 domestic violence victims and equality for the Catholic commu- The PRESIDING OFFICER. Without in South Dakota last year got help nity through violence and other ter- objection, it is so ordered. from the Department of Social Serv- rorist acts against the police and the Mr. REID. Mr. President, I have lis- ices. This represents a low estimate of Protestant majority. tened to the Senator’s statement. I the number of South Dakotans who are The Good Friday accords acknowl- want to make sure the RECORD reflects victims of domestic violence as many edge past inequalities and injustices the one person’s name that wasn’t victims fail to seek help. and, at the same time, establish a mentioned who has played such a crit- Since enactment of the Violence framework for resolving these inequi- ical role in this process for years, and Against Women Act in 1994, the num- ties through the political process. that is Senator CHRISTOPHER DODD ber of forcible rapes of women has de- There are now strong indications that from Connecticut. clined, and the number of sexual as- the IRA is prepared to work within There is no one who has been more saults nationwide has gone down as that framework to achieve its objec- involved with this, with the knowledge well. Despite the success of the Vio- tives. he has of foreign affairs generally, but lence Against Women Act, domestic The IRA’s willingness to permit of the particular country of Ireland. I abuse and violence against women con- international inspections of its weap- know of his love for the people of Ire- tinues to plague our communities. Con- ons is further proof that it is within land and how much he personally has sider the fact that a woman is raped

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12449 every five minutes in this country, and I am hopeful that the Senate will ap- Support Coalition will be requesting that nearly one in every three adult prove this important piece of legisla- meetings with members and staff, and women experiences at least one phys- tion this year so that we can continue conducting seminars to educate the ical assault by a partner during adult- fighting domestic abuse and violence public about torture. I urge you meet hood. In fact, more women are injured against women in our state and com- with the Coalition or to attend a sem- by domestic violence each year than by munities. inar to learn the truth about the bru- automobile accidents and cancer f tality of this crime. Educating yourself deaths combined. and the public about this terrible IN SOLIDARITY WITH ALL VICTIMS These facts illustrate that there is a human rights abuse is the best way to AND SURVIVORS OF TORTURE need in Congress to help states and honor its victims. Together we can end communities address this problem that Mr. WELLSTONE. Mr. President, I this barbaric practice. Together we can impacts all of our communities. rise today to draw attention to the bar- put a stop to torture. I recently joined Senator JOE BIDEN baric practice of torture. Yesterday— f (D–DE), Senator ORRIN HATCH (R–UT), June 26th, was the 3rd annual U.N. Senator TOM DASCHLE (D–SD), and oth- International Day in Support of Tor- THE VERY BAD DEBT BOXSCORE ers in sponsoring bipartisan legisla- ture Victims and Survivors. The Tor- Mr. HELMS. Mr. President, at the tion, S. 2787, to reauthorize the 1994 Vi- ture Abolition and Survivors Support close of business yesterday, Monday, olence Against Women Act. Authoriza- Coalition has designated this week, June 26, 2000, the Federal debt stood at tion for the important programs con- June 26th—June 30th, the week of com- $5,647,618,721,190.63 (Five trillion, six tained in this law has already expired, memoration of torture victims and sur- hundred forty-seven billion, six hun- and Congress must act now to ensure vivors. Mr. President, colleagues, we dred eighteen million, seven hundred that successful programs dealing with should take this week to honor victims twenty-one thousand, one hundred domestic violence are funded in the fu- of torture, but more importantly, we ninety dollars and sixty-three cents). ture. should use this week as a reminder Five years ago, June 26, 1995, the Fed- As a state lawmaker in 1983, I wrote that together, we can make our world eral debt stood at $4,889,053,000,000 one of the first domestic violence laws torture-free. (Four trillion, eight hundred eighty- in South Dakota which dedicated a Torture has no ideological, geo- nine billion, fifty-three million). portion of marriage license fees to help graphical, or other boundaries—sur- Ten years ago, June 26, 1990, the Fed- build shelters for battered women. I vivors of torture are everywhere. The eral debt stood at $3,118,101,000,000 was also a cosponsor of the original Vi- practice of torture is one of the most (Three trillion, one hundred eighteen olence Against Women Act in 1990 in serious human rights abuses of our billion, one hundred one million). the House of Representatives. Even at time. According to the 1999 Amnesty Fifteen years ago, June 26, 1985, the that time, many people denied that do- International report, torture and other Federal debt stood at $1,462,594,000,000 mestic violence existed in our state. forms of severe ill-treatment con- (One trillion, four hundred sixty-two Finally, in 1995, the President signed ducted by government security forces, legislation to strengthen federal crimi- billion, five hundred ninety-four mil- or condoned by other government offi- lion). nal law relating to violence against cials, occurred in 125 countries last women and fund programs to help Twenty-five years ago, June 26, 1975, year. the Federal debt stood at women who have been assaulted. As a Senator from Minnesota, I am Since the Violence Against Women $526,124,000,000 (Five hundred twenty- extraordinarily proud of the Center for Act became law, South Dakota organi- six billion, one hundred twenty-four Victims of Torture in Minneapolis, zations have received over $6.7 million million) which reflects a debt increase which since 1985 has been doing pio- in federal funding for domestic abuse of more than $5 trillion— neering work in addressing the com- programs. In addition, the Violence $5,121,494,721,190.63 (Five trillion, one plex needs of survivors of torture. And Against Women Act doubled prison hundred twenty-one billion, four hun- while we have come a long way in the time for repeat sex offenders; estab- dred ninety-four million, seven hun- lished mandatory restitution to vic- last fifteen years in raising awareness dred twenty-one thousand, one hundred tims of violence against women; codi- of torture and helping torture victims, ninety dollars and sixty-three cents) fied much of our existing laws on rape; there is still much more we should and during the past 25 years. could be doing to stop this terrible and strengthened interstate enforce- f practice. ment of violent crimes against women. ADDITIONAL STATEMENTS The law also created a national toll- My own agenda in the Senate has in- free hotline to provide women with cri- cluded a number of human rights ini- sis intervention help, information tiatives, including the sponsorship of the original Torture Victims Relief Act THE PASSING OF VERMONT CON- about violence against women, and free SERVATIONIST, JUSTIN BRANDE referrals to local services. Last year, in 1998, which authorized funding to ∑ the hotline took its 300,000th call. The support foreign and domestic treat- Mr. LEAHY. Mr. President, I rise to number for women to call for help is: 1– ment centers in providing services to call the Senate’s attention to a recent 800–799–SAFE. the millions of survivors of torture tribute to the late Justin Brande au- In addition to reauthorizing the pro- worldwide and the estimated 400,000 thored by Professor Carl Reidel of the visions of the original Violence Against survivors in this country alone. Re- University of Vermont. Women Act, the legislation that I am pressive governments frequently tor- In his article, Professor Reidel cap- sponsoring in the Senate would im- ture those who are defending human tures the spirit of one of the most in- prove our overall efforts to reduce vio- rights and democracy in their own fluential pioneers of 20th Century lence against women by strengthening country, and the Torture Victims Re- Vermont environmental stewardship. law enforcement’s role in reducing vio- lief Act recognizes the debt we owe to Justin Brande of Cornwall was among lence against women. The legislation these courageous people who have the founders of the Lake Champlain also expands legal services and assist- made such a sacrifice for cherished Committee and the Vermont Natural ance to victims of violence, while also principles. Resources Council, two of the most en- addressing the effects of domestic vio- It is hard to imagine that in today’s during and effective conservation orga- lence on children. Finally, programs world torture still exists, but it does. nizations in our state. are funded to strengthen education and In solidarity with all victims of tor- Vermonters committed to steward- training to combat violence against ture, I ask you to join me this week in ship of the land, to clean water and to women. honoring them by helping raise aware- family farms owe a debt to Justin I have asked the Senate Judiciary ness about torture worldwide. All week Brande. He was a leader in organic ag- Committee to quickly pass S. 2787, and the Torture Abolition and Survivors riculture and a selfless volunteer for

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12450 CONGRESSIONAL RECORD—SENATE June 27, 2000 countless community and stewardship started, and kept after me until Act 250 was Minnesota who come to detail their organizations who earned the sincere signed into law.’’ concerns, their frustrations, and the respect of all. My first encounter with Justin was shortly impact the BBA continues to have on I request that the text of Dr. Reidel’s after I came to UVM in 1972 to direct the new their institutions. These are institu- Environmental Program. One of the first to article be prined in the RECORD and teach in the program, his courses seemed to tions serving all segments of the note that his words serve as a wonder- cover everything from cosmology to healthcare industry, including inpa- ful reminder of a life well led and a composting, with no student surviving with- tient and outpatient hospital care, Vermonter whose legacy will nurture out new respect for the English language and skilled nursing facilities, home health future generations. Vermont has been permanent doubts about conventional eco- care and emergency medical services. greatly improved because of both Jus- nomics. Prior to the BBA, my state of Min- tin Brande and Carl Reidel. When he offered a course in ‘‘organic gar- dening’’—the first at UVM—the dean of the nesota already experienced one of the [From the Sunday Rutland (VT) Herald/the College of Agriculture chided me for allow- lowest capitation, or reimbursement Times Argus, May 14, 2000] ing such ‘‘nonsense’’ in a classroom. It rates, in the country, so the BBA and BRANDE EXEMPLIFIES SECRET OF VERMONT wasn’t the first or last time that Justin additional reductions in Medicare pay- (By Carl Reidel) Brande defined conventional thinking. ment strategies have taken an enor- ‘‘What’s Vermont’s secret?’’ a friend in The secret of Vermont exemplified in Jus- tin Brande’s life is not, however, to be found mous toll in my state. In fact, the situ- Minnesota asked after I gave a talk in 1975 ation has become so dire for so many about Vermont’s innovative environmental in this summary of his accomplishments. laws. He couldn’t understand how such a Rather, it is in the words of the Constitu- institutions, providers and patients small state could be ‘‘so creative, even bold.’’ tion, which define a free denizen of Vermont that the Minnesota Attorney General I replied that I didn’t know. I had only as a ‘‘person of good character.’’ Justin and the Minnesota Senior Federation lived in Vermont two years. passed the test in every way. have filed a lawsuit against the Depart- I’m confident now that I know the secret He was a person of unusual integrity—a ment of Health and Human Services in of Vermont. It is people like Justin Brande, man who lived his convictions, every day, in an effort to restructure payment sched- who lived in Cornwall from 1951 until he died every place. Never a traitor to his beliefs, on April 11 at the age of 83. Like so many Justin taught me and many others by exam- ules and capitation rates under Medi- who come to live in Vermont from elsewhere, ple the deeper meanings of personal integ- care Part C, or Medicare +Choice. Justin and Susan Brande knew they were rity. As I was working on my statement coming home when they moved here. And He was a man of courage who was himself for today, I glanced across my desk and in the presence of anyone, be it a fellow the Vermont Constitution asserts that they came across an advertisement that I are real Vermonters: ‘‘Every person of good farmer, college president, governor or mem- character, who comes to settle in this State ber of Congress. Friend or foe did not daunt think is relevant. The advertisement . . . shall be deemed a free denizen thereof, him, because he always put principle above reads: ‘‘Where Will Our Patients Go?’’ and entitled to all rights of a natural born reputation. It cites a new study conducted by Ernst subject of this state . . .’’ (Chapter II, 66). He was a man who cared enormously, for & Young showing that between 1998 and After graduating from Williams College family and friends, for Vermont, for Lake 2000, hospital operating margins in the and several years of legal studies, Justin Champlain, for land and life itself. Justin United States declined from 5.5 percent married Susan Kennedy and moved to and I enjoyed a good debate. We could dis- to 2.6 percent, a reduction of more than agree strongly, but never with an unkind Vermont. They settled on a dairy farm in 50 percent in 2000. During that same pe- Cornwall, where they raised eight children. word. In the late ’60’s Justin sold their herd and Once, at the end of a lively discussion, he riod, hospitals’ operating margins on enrolled at the University of Vermont, where said to me: ‘‘What I like about you, Reidel, services to Medicare patients declined he earned a master’s degree in resource eco- is that you are often in error, but never in from 2.5 percent in 1998 to negative 0.5 nomics. He continued to work his land, doubt.’’ percent in 2000. Negative 0.5 percent. honing the ability to farm organically long I have no doubts whatsoever that the se- Translation: every Medicare patient before most people heard of ‘‘organic’’ agri- cret of Vermont is people like Justin Brande, that walks through the door of our hos- culture. I can’t guess how many people he the every-day denizens who are the real he- pitals and clinics cannot continue roes of this state.∑ taught over the years to make compost and down this path of payment reduction garden in ways that made pesticides and f chemical fertilizers unnecessary by drawing while continuing to provide timely, on the inherent health of the land. MEDICARE’S BIRTHDAY quality health care services to our sen- Early on Justin became involved in his iors and the disabled. ∑ Mr. GRAMS. Mr. President, I come community as a relentless advocate for the I raise these issues to emphasize the land—a free denizen who may have partici- to the floor to recognize the birthday pated in the founding of more Vermont envi- of one of the most important programs measurable consequences of legislative ronmental institutions than anyone I have known to the American people today: efforts to date, and to outline the chal- known. And always as a volunteer. He has Medicare. Thirty-five years ago this lenges we face when attempting to add been a delegate or alternate on the Addison week, the Medicare program was estab- a prescription drug benefit onto an al- County Regional Planning Commission since lished in order to provide timely, qual- ready ailing Medicare system. That is its founding. He helped establish the Lake why during the budget process, I, along Champlain Committee, and was a founder ity health care coverage for America’s retirees and the disabled. Today, the with Senator ABRAHAM and several of and the first director of the Vermont Nat- our colleagues, sent a letter to the ural Resources Council. Medicare system still serves this coun- In recent years he co-founded the try well, and I believe issues relating budget resolution conferees requesting Smallholders Association, which advocates to its modernization, long-term sol- that language be included in the final ownership of small, sustainable farms and vency, and improvement should be report ensuring that any Medicare re- businesses. Once again, he was ahead of oth- among our top priorities in this legisla- forms, including the addition of a pre- ers in seeing the dangers of large enterprises tive session. scription drug benefit, would not be out of scale with Vermont. He argued that implemented at the expense of the pro- his call for moderation and limits was ‘‘not The Balanced Budget Act of 1997 had a tremendously detrimental effect on vider payment rates that are in drastic nostalgia for the past, but a real workable need of restoration. model for today and the future * * * a truly provider payments under Medicare and humane, democratic and sustainable soci- on the organizations that deliver daily The simple fact is that Medicare does ety.’’ care to our seniors. The provisions in require reform. What form that will ul- Former Sen. Art Gibb recalls him as ‘‘a the Balanced Budget Act (BBA) relat- timately take is really the question. man ahead of his time, a voice crying in the ing to Medicare were designed to Clearly, Congress has taken steps to re- wilderness’’ in his advocacy for land protec- gradually help control costs to the pro- invigorate Medicare since passage of tion. Gov. Deane Davis who, with Gibb, craft- ed Act 250, said of him that ‘‘although a gram. Instead, the result has been an BBA including: the Balanced Budget staunch environmentalist, he came to prob- affront to organizations fighting for Refinement Act, which in a broad sense lems open-minded until all the evidence was their existence. As a Member of the returned funds to hospitals for out- in. Then he took his stand. Justin got me Senate, I meet with people daily from patient services; the Hatch bill, which

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12451 reduced the arbitrary caps on com- To that end, I introduced the Medi- changing health care system. After 35 plicated cases in skilled nursing facili- care Ensuring Prescription Drugs for years of endless tinkering, we have a ties; and the American Hospital Preser- Seniors Act, or MEDS. My bill was an real opportunity to make it more re- vation Act, which currently addresses early attempt to heighten the debate sponsive, more helpful, and more at- the other half of the hospital equation surrounding prescription drugs, and at tuned to the needs of current and fu- inpatient services. But these are only the same time provide a plan that ture retirees and disabled persons in band-aids applied to a system that would address the needs of the nearly this country. I can think of no better needs comprehensive reform or mod- one third of senior citizens in this birthday gift for a program that has ernization, including a prescription country who currently lack any form served so many—and for the aging, drug benefit. of prescription coverage. We have all baby-boom generation—than a reinvig- As you know, the Bipartisan Com- heard the frightening stories of the orating shot in the arm to Medicare mission to Reform Medicare, under the choices that many seniors are forced to that will deliver it into the twenty- direction of Congressman BILL THOMAS, make when it comes to paying for pre- first century and keep it healthy for and Senators BREAUX and FRIST, advo- scription drugs. Unfortunately, many years to come. This is something to cated dramatic reform in order to bet- of these stories have been used to stir which I am wholly committed.∑ ter position Medicare in the future and the political cauldron over the past enhance the benefits offered under the several months. But the reality is that f program. Their plan relied heavily on making choices between food, shelter, the injection of private-sector competi- and medicine is all too common among TRIBUTE TO REBECCA RYAN tion in managing benefits. My sense is, our neediest seniors. MEDS was intro- whatever additional reforms we pursue duced to help these people. ∑ Mrs. FEINSTEIN. Mr. President, I in Congress need to incorporate this My plan would add a prescription rise today to pay tribute to Ms. Re- kind of private-sector approach. By al- benefit under the already existing Part becca Ryan, who recently retired after lowing the private sector to compete B of Medicare, without creating or add- more than twenty years of teaching in for the business of Medicare bene- ing any new overly bureaucratic com- the South San Francisco Unified ficiaries, both the Medicare system and ponent to the Medicare program. It School District. Ms. Ryan is a shining the beneficiaries under it would stand works like this: The Part B beneficiary example of what a dedicated teacher to benefit from greater choice and would have the opportunity to access can do. greater flexibility when it comes to the benefit as long as they were Medi- Becky Ryan began her teaching ca- meeting their health care needs. care eligible. Those with incomes reer in 1972 in the South San Francisco In fact, Senators BREAUX and Sen- below 135 percent of the nation’s pov- Unified School District. After 28 years, ator FRIST have recently drafted a new erty level would be provided the ben- she is ending a career that has been proposal: Breaux-Frist 2000, the Incre- efit without a deductible and would filled with many accomplishments. mental Bipartisan Medicare Reform only be responsible for a 25 percent co- With over twenty years of experience and Prescription Drug Proposal. The payment for all approved medications. teaching English as a Second Language proposal calls for a new Medicare agen- I think the neediest American seniors Classes, Becky recognized that many cy outside of the Health Care Financ- who are Medicare eligible should be immigrant parents, because of their in- ing Administration and the Depart- able to access the benefits of medical ability to speak English, were reluc- ment of Health and Human Services, technology like everyone else, and tant to become involved in their chil- which would administer the competi- while they will be responsible for 25 dren’s education. This lack of parental tive relationship between traditional percent of the costs, I believe the ben- involvement was detrimental to the Medicare Fee for Service plans and pri- efit will reduce the necessity for tough children, and led her to found the vate plans, and would include a pre- decisions between food and medicine. Spruce Literacy Project at Spruce Ele- scription drug benefit. Most important, MEDS has no benefit mentary School in South San Fran- Is this ultimately the approach we cap. This allows seniors to access the cisco. This unique program teaches im- should take? I do not know. However, I care they need when they need it, for migrant parents, mostly mothers, how am committed to exploring efforts like as long as they need it. to read, write, and speak English. With these that place a premium on reform My bill also provides relief for sen- a better understanding of the English or modernization, while attempting to iors above the 135 percent threshold language, parents are able to more improve benefit levels for beneficiaries who may be facing overwhelming pre- fully participate not only in their chil- through private-sector competition. scription drug costs because of the dren’s education, but also in their local One of the important improvements number of medications they take, or communities. that has received a lot of attention the relative expense of them, by paying The profound effect the Spruce Lit- lately is the provision of a prescription for 75 percent of the costs after a $150 eracy Project has had was most evident drug benefit. I think most of us would monthly deductible is met. A provision last year, when the mothers she taught agree that were Medicare to be devel- of this type, in addition to the fact banded together to oppose funding cuts oped today, it would include a benefit that there is no cap on the benefit, is to the program. Becky has been praised of this type. Now, I am not a pharma- necessary for those who confront high for her can do spirit and her encourage- cologist, nor am I a medical doctor, so monthly prescription costs. ment of students. when I first introduced my own pre- An important part of my plan is that scription drug plan for Medicare over a it is not universal and will not displace She has truly made a lasting impact year ago, I was amazed at the discov- anyone from the private insurance cov- on her students. She has spent her ca- eries that have taken place in this erage that they currently have and reer helping to open doors to those who area. The most remarkable thing to me probably prefer. Rather, it is offered to would have otherwise found them is that not only do many of these new, provide prescription coverage to those closed. A good teacher affects many innovative products slow the rates of who really need it. lives, and the greatest compliment I disease progression, but they often cre- Is MEDS perfect? Will it appeal to can give to Rebecca Ryan is that she ate measurable differences in the num- everyone? Maybe not. But it includes helped so many students become pro- ber of emergency room visits, expen- principles that I believe must be in- ductive and successful citizens. sive and invasive procedures, and even cluded in order for any prescription Mr. President, I ask that an article deaths. Prescription drugs today have drug bill to hit its mark. from the Friday, June 9 edition of the an enormous financial impact in terms In closing, Mr. President, let me say San Mateo County Times on Ms. of reducing overall health care costs that the challenge before us today is to Ryan’s retirement be reprinted in the over the long term and should be incor- enable Medicare to shape and adapt CONGRESSIONAL RECORD following my porated into the Medicare system. itself to reflect the realities of an ever- statement.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12452 CONGRESSIONAL RECORD—SENATE June 27, 2000 [From the San Mateo County Times, June 9, the Peninsula Community Foundation. The ers will receive $500 each month from 2000] program will continue with a new teacher the fund to help with mortgage pay- BREAKING BARRIERS AND FORGING BONDS next year, Ryan said. ments, for up to five years. (By Laura Linden) On the Spruce Elementary campus, the I applaud Intel’s leadership in forging program is a convenience for the mothers SOUTH SAN FRANCISCO—Many teachers who take their children to class and then the much-needed local partnerships upon retirement can look back and know head to their own class down the hall. that will help lead to solutions to Sil- that they had a positive influence on their Gladis Pacheco, 39, said two years of the icon Valley’s affordable housing students. But perhaps few have helped stu- literacy classes helped her land a good job crunch. It is my hope that other com- dents make such profound life trans- for Catholic Charities in San Francisco. She panies will follow Intel’s lead, and formations as Rebecca Ryan, founder of the came to this country from El Salvador 18 show the world that America’s high- Spruce Literacy Project at Spruce Elemen- years ago and for most of those years she tary School. technology firms are the hub and the avoided speaking English. ‘‘In my country I ∑ Through the program, Ryan has taught was a secretary but here I was a maid,’’ she heart of the 21st century economy. dozens of immigrant parents, mostly Span- said. f ish-speaking mothers, how to speak, read Now she can help her three young children and write English. The idea is the parents with their homework. Her daughter, Martha, MESSAGES FROM THE PRESIDENT will get involved with their kids’ educations sent a letter to Ryan thanking her for teach- A message from the President of the once the language barrier is knocked down. ing her mom English. But according to several mothers who at- United States was communicated to ‘‘It was so cute, I didn’t even know that the Senate by one of his secretaries. tended a retirement breakfast for Ryan on she did that,’’ Pacheco said. Wednesday, her work has radiated outward, Perhaps the best part is knowing the chil- EXECUTIVE MESSAGE REFERRED affecting every corner of their lives. Ryan, a dren are proud of you, Rodriguez said. ‘‘My As in executive session the Presiding petite Anglo with energy to burn and a deft daughter was sad before when I couldn’t Officer laid before the Senate a mes- command of Spanish, has pumped the women speak English but now she’s happy,’’ she sage from the President of the United up with praise and encouragement, propel- said. ling them into American society with a fear- States submitting a treaty which was Perhaps the best example of Ryan’s 28 referred to the Committee on Foreign less attitude. years in the district is the Flores family. ‘‘I’m not afraid of anything now,’’ said 30- Alejandro Flores, 20, and Florisela Flores, Relations year-old Carmen Reyes, whose child attends 23, took ESL classes from Ryan when they f Spruce Elementary. were in elementary school. Now students at Reyes’ outlook is a psychological world San Francisco State University, the siblings REPORT ON THE EXPANDED away from the way she felt when she arrived say they gained a sense of well-being from THREAT REDUCTION INITIA- in this country in 1986 with zero English Ryan that continues to this day. TIVE—MESSAGE FROM THE skills and a lot of fear about a society she ‘‘I was a silent kid, very lonely. But (Ryan) PRESIDENT—PM 118 didn’t understand. ‘‘I was scared for every- was so nice to me. I liked computers and she thing, everybody,’’ she recalled. rewarded me with computer time,’’ said The PRESIDING OFFICER laid be- Other mothers echoed this sentiment. Alejandro, who along with his studies runs a fore the Senate the following message Before taking the literacy class, rites of Web design company with a friend. from the President of the United parenthood like teacher-parent conferences Florisela said she wouldn’t be studying States, together with an accompanying or PTA meetings were unfathomable, they three majors with the intention of getting a said. The thought of meeting with a teacher, report; which was referred to the Com- master’s degree in computer science if Ryan principal or doctor gripped them with fear. mittee on Armed Services. hadn’t shown her the power of persistence 15 They were worried and frustrated when they years ago.∑ To the Congress of the United States: could not read a letter sent home from Enclosed is a report to the Congress f school. Often they were too shy, or even on the Expanded Threat Reduction Ini- ashamed, to try to find out what it was INTEL CORPORATION’S TEACHER tiative, as required by section 1309 of about. HOUSING FUND So assured are these women now that when the National Defense Authorization the district threatened to cut the Spruce ∑ Mrs. BOXER. Mr. President, when Act for Fiscal Year 2000 (Public Law Literacy Project last year, the mothers vo- discussing the profound effect of Cali- 106–65). ciferously rallied to save it. They are also in fornia’s Silicon Valley on our Nation’s WILLIAM J. CLINTON. the midst of a fund-raising drive to replace economy, we too often focus on just THE WHITE HOUSE, June 27, 2000. Spruce Elementary’s dilapidated and unsafe the raw numbers: staggering revenues, f kindergarten playground. high profile IPOs and the bottom line. The women still grapple with English, but REPORT ON THE NATIONAL EMER- Today, I want to focus on an out- they’ve learned that stumbling through the GENCY WITH RESPECT TO IRAN— standing example of good corporate language is the only way to get better. MESSAGE FROM THE PRESI- ‘‘I can go to the doctor and to the dentist citizenship in Silicon Valley intended DENT—PM 119 and the bank. I don’t need much help,’’ said to promote home ownership and honor 27-year-old Cristina Rodriguez, who immi- teachers at the same time. The PRESIDING OFFICER laid be- grated from Mexico when she was 15 but only As many of my colleagues know, the fore the Senate the following message recently learned to write. Her newfound Silicon Valley is in the midst of a from the President of the United skills helped her move up from dishwasher to States, together with an accompanying server at Denny’s, she said. housing crisis which makes owning a Ryan started teaching English-as-a-second- home an impossibility for most teach- report; which was referred to the Com- language classes in the South San Francisco ers. The region’s high cost of living mittee on Banking, Housing, and Unified District in 1972 and still wears a ring makes it extremely difficult to recruit Urban Affairs. that students gave to her that year. A few of and retain talented teachers. To the Congress of the United States: those students were at the breakfast on Today, I am pleased to inform the As required by section 401(c) of the Wednesday. Senate that Intel Corporation and the ‘‘It’s so great to see how well they’ve National Emergencies Act, 50 U.S.C. done,’’ Ryan said. ‘‘One woman’s son has Santa Clara Unified School District 1641(c), section 204(c) of the Inter- graduated from Stanford, another one’s child have joined forces to create an innova- national Emergency Economic Powers became a doctor.’’ tive pilot program designed to help Act (IEEPA), 50 U.S.C. 1703(c), and sec- When asked why she is retiring, Ryan just public school teachers buy homes in tion 505(c) of the International Secu- said ‘‘it’s time.’’ She said she will keep in one of the country’s most expensive rity and Development Cooperation Act touch with her former students through sew- housing markets: the Intel Teacher of 1985, 22 U.S.C. 2349aa–9(c), I transmit ing and reading groups. Housing Fund. herewith a 6-month periodic report on Teaching ESL for 20 years, Ryan saw that Under this new program, which will parents were avoiding contact with their the national emergency with respect to kids’ schools. She decided that the cultural be administered by the Santa Clara Iran that was declared in Executive and language barriers hurt the school as County Unified School District, Intel Order 12957 of March 15, 1995. much as the families and founded Spruce will provide the fund with $1.25 million WILLIAM J. CLINTON. Literacy Project in 1992 with a grant from over the next five years. Eligible teach- THE WHITE HOUSE, June 27, 2000.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12453 MESSAGES FROM THE HOUSE The message also announced that the S. 1967. An act to make technical correc- House has passed the following bills, in tions to the status of certain land held in ENROLLED BILLS SIGNED trust for the Mississippi Band of Choctaw In- At 10:45 a.m., a message from the which it requests the concurrence of the Senate: dians, to take certain land into trust for that House of Representatives, delivered by Band, and for other purposes. H.R. 3023. An act to authorize the Sec- one of its reading clerks, announced f that the Speaker has signed the fol- retary of the Interior, acting through the Bureau of Reclamation, to convey property lowing enrolled bills: EXECUTIVE AND OTHER to the Greater Yuma Port Authority of COMMUNICATIONS H.R. 4241. An act to designate the facility Yuma County, Arizona, for use as an inter- of the United States Postal Service located national port of entry. The following communications were at 1818 Milton Avenue in Janesville, Wis- H.R. 3048. An act to amend section 879 of laid before the Senate, together with consin, as the ‘‘Les Aspin Post Office Build- title 18, United States Code, to provide clear- accompanying papers, reports, and doc- ing.’’ er coverage over threats against former uments, which were referred as indi- H.R. 3903. An act to deem the vessel M/V Presidents and members of their families, cated: MIST COVE to be less than 100 gross tons, as and for other purposes. EC–9423. A communication from the Acting measured under chapter 145 of title 46, H.R. 3417. An act to complete the orderly Director of the Office of Sustainable Fish- United States Code. withdrawal of the National Oceanic and At- eries, Domestic Fisheries Division, Depart- H.R. 3701. An act to designate the facility mospheric Administration from the civil ad- ment of Commerce, transmitting pursuant to of the United States Postal Service located ministration of the Pribilof Islands, Alaska. law, the report of a rule entitled ‘‘Fisheries at 3118 Washington Boulevard in Arlington, H.R. 4408. An act to reauthorize the Atlan- of the Northeastern United States; Black Virginia, as the ‘‘Joseph L. Fisher Post Of- tic Striped Bass Conservation Act. Sea Bass Fishery; Commercial Quota Har- fice Building.’’ H.R. 4718. An act to extend for 3 additional H.R. 3699. An act to designate the facility months the period for which chapter 12 of vested for Quarter 2 Period’’ received on of the United States Postal Service located title 11 of the United States Code is reen- June 16, 2000; to the Committee on Com- at 8409 Lee Highway in Merrifield, Virginia, acted. merce, Science, and Transportation. EC–9424. A communication from the Spe- as the ‘‘Joel T. Broyhill Postal Building.’’ cial Assistant to the Bureau Chief, Mass H.R. 3018. An act to designate certain fa- At 2:21 p.m., a message from the Media Bureau, Federal Communications cilities of the United States Postal Service House of Representatives delivered by Commission, transmitting, pursuant to law, in South Carolina. Ms. Niland, one of its reading clerks, the report of a rule entitled ‘‘Amendment of H.R. 2952. An act to designate the facility announced that the House has passed Section 73.202(b), Table of Allotments, FM of the United States Postal Service located the following bill, with an amendment, Broadcast Stations, Taos, New Mexico’’ (MM at 100 Orchard Park Drive in Greenville, in which it requests the concurrence of Docket No. 99–270, RM–9703); received on May South Carolina, as the ‘‘Keith D. Oglesby the Senate: 24, 2000; to the Committee on Commerce, Station.’’ Science, and Transportation. H.R. 2591. An act to designate the United S. 1515. An act to amend the Radiation Ex- posure Compensation Act, and for other pur- EC–9425. A communication from the Spe- States Post Office located at 713 Elm Street cial Assistant to the Bureau Chief, Mass in Wakefield, Kansas, as the ‘‘William H. poses. The message also announced that the Media Bureau, Federal Communications Avery Post Office.’’ Commission, transmitting, pursuant to law, H.R. 2460. An act to designate the United House has passed the following bill, in the report of a rule entitled ‘‘Amendment of States Post Office located at 125 Border Ave- which it requests the concurrence of Section 73.202(b), Table of FM Allotments; nue West in Wiggins, Mississippi, as the ‘‘Jay the Senate: FM Broadcast Stations, Powers, Michigan’’ Hanna ‘Dizzy’ Dean Post Office.’’ H.R. 4690. An act making appropriations (MM Docket No. 99–359) received on May 24, H.R. 2357. An act to designate the United for the Department of Commerce, Justice, 2000; to the Committee on Commerce, States Post Office located at 3675 and State, the Judiciary, and related agen- Science, and Transportation. Warrensville Center Road in Shaker Heights, cies for the fiscal year ending September 30, EC–9426. A communication from the Spe- Ohio, as the ‘‘Louise Stokes Post Office.’’ 2001, and for other purposes. cial Assistant to the Bureau Chief, Mass H.R. 2307. An act to designate the building Media Bureau, Federal Communications f of the United States Postal Service located Commission, transmitting, pursuant to law, at 5 Cedar Street in Hopkinton, Massachu- MEASURES REFERRED the report of a rule entitled ‘‘Amendment of setts, as the ‘‘Thomas J. Brown Post Office Section 73.202(b), Table of Allotments, FM Building.’’ The following bills were read the first and second times by unanimous con- Broadcast Stations, Santa Anna, Texas’’ H.R. 1666. An act to designate the facility (MM Docket No. 99–337) received on May 24, of the United States Postal Service located sent and referred as indicated: 2000; to the Committee on Commerce, at 200 East Pinckney Street in Madison, H.R. 3023. An act to authorize the Sec- Science, and Transportation. Florida, as the ‘‘Captain Colin P. Kelly, Jr. retary of the Interior, acting through the f Post Office.’’ Bureau of Reclamation, to convey property H.R. 643. An act to redesignate the Federal to the Greater Yuma Port Authority of REPORTS OF COMMITTEES building located at 10301 South Compton Av- Yuma County, Arizona, for use as an inter- The following reports of committees enue, in Los Angeles, California, and known national port of entry; to the Committee on as the Watts Finance Office, as the ‘‘Augus- Energy and Natural Resources. were submitted: tus F. Hawkins Post Office Building.’’ H.R. 3417. An act to complete the orderly By Mr. MURKOWSKI, from the Committee H.R. 642. An act to redesignate the Federal withdrawal of the National Oceanic and At- on Energy and Natural Resources, with an building located at 701 South Santa Fe Ave- mospheric Administration from the civil ad- amendment in the nature of a substitute: nue in Compton, California, and known as ministration of the Pribilof Islands, Alaska; S. 610: A bill to direct the Secretary of the the Compton Main Post Office, as the to the Committee on Commerce, Science, Interior to convey certain land under the ju- ‘‘Mervyn Malcolm Dymally Post Office and Transportation. risdiction of the Bureau of Land Manage- Building.’’ H.R. 4408. An act to reauthorize the Atlan- ment in Washakie County and Big Horn The enrolled bills were signed subse- tic Striped Bass Conservation Act; to the County, Wyoming, to the Westside Irrigation District, Wyoming, and for other purposes quently by the President pro tempore Committee on Commerce, Science, and Transportation. (Rept. No. 106–313). (Mr. THURMOND). H.R. 4690. An act making appropriations By Mr. MURKOWSKI, from the Committee for the Department of Commerce, Justice, on Energy and Natural Resources, with an At 12:21 p.m., a message from the and State, the Judiciary, and related agen- amendment: House of Representatives delivered by cies for the fiscal year ending September 30, S. 1367: A bill to amend the Act which es- Ms. Niland, one of its reading clerks, 2001, and for other purposes; to the Com- tablished the Saint-Gaudens Historic Site, in announced that the House has passed mittee on Appropriations. the State of New Hampshire, by modifying the boundary and for other purposes (Rept. the following bill, with an amendment, f in which it requests the concurrence of No. 106–314). ENROLLED BILL PRESENTED By Mr. MURKOWSKI, from the Committee the Senate: on Energy and Natural Resources, with an S. 148. An act to require the Secretary of The Secretary of the Senate reported amendment in the nature of a substitute: the Interior to establish a program to pro- that on June 23, 2000, he had presented S. 1894: A bill to provide for the convey- vide assistance in the conservation of to the President of the United States ance of certain land to Park County, Wyo- neotropical migratory birds. the following enrolled bill: ming (Rept. No. 106–315).

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12454 CONGRESSIONAL RECORD—SENATE June 27, 2000 By Mr. MURKOWSKI, from the Committee To be brigadier general To be lieutenant general on Energy and Natural Resources, with an Col. Bruce S. Asay, 0000 Maj. Gen. Dan K. McNeill, 0000 amendment in the nature of a substitute and The following named officer for appoint- The following named officer for appoint- an amendment to the title: ment in the United States Air Force to the ment in the United States Army to the grade S. 2352: A bill to designate portions of the grade indicated while assigned to a position indicated while assigned to a position of im- Wekiva River and associated tributaries as a of importance and responsibility under title portance and responsibility under title 10, component of the National Wild and Scenic 10, U.S.C., section 601: U.S.C., section 601: Rivers System (Rept. No. 106–316). By Mr. MURKOWSKI, from the Committee To be lieutenant general To be general on Energy and Natural Resources, without Lt. Gen. Robert H. Foglesong, 0000 Lt. Gen. William F. Kernan, 0000 amendment: The following named officer for appoint- The following named officer for appoint- S. 2421: A bill to direct the Secretary of the ment in the United States Air Force to the ment in the United States Army to the grade Interior to conduct a study of the suitability grade indicated while assigned to a position indicated while assigned to a position of im- and feasibility of establishing an Upper of importance and responsibility under title portance and responsibility under title 10, Housatonic Valley National Heritage Area in 10, U.S.C., section 601: U.S.C., section 601: Connecticut and Massachusetts (Rept. No. 106–317). To be lieutenant general To be lieutenant general By Mr. MURKOWSKI, from the Committee Maj. Gen. William T. Hobbins, 0000 Lt. Gen. Donald L. Kerrick, 0000 on Energy and Natural Resources, with The following named officer for appoint- The following named officers for appoint- amendments: ment in the United States Air Force to the ment in the United States Naval Reserve to S. 2478: A bill to require the Secretary of grade indicated while assigned to a position the grade indicated under title 10, U.S.C., the Interior to conduct a theme study on the of importance and responsibility under title section 12203: peopling of America, and for other purposes 10, U.S.C., section 601: To be rear admiral (lower half) (Rept. No. 106–318). To be lieutenant general By Mr. MURKOWSKI, from the Committee Capt. Peter L. Andrus, 0000 on Energy and Natural Resources, with an Maj. Gen. Tome H. Walters, Jr., 0000 Capt. Steven B. Kantrowitz, 0000 amendment: The following named officer for appoint- Capt. James M. McGarrah, 0000 S. 2485: A bill to direct the Secretary of the ment in the United States Army to the grade Capt. Elizabeth M. Morris, 0000 Interior to provide assistance in planning indicated while assigned to a position of im- The following named officer for appoint- and constructing a regional heritage center portance and responsibility under title 10, ment in the United States Navy to the grade in Calais, Maine (Rept. No. 106–319). U.S.C., section 601: indicated while assigned to a position of im- By Mr. MURKOWSKI, from the Committee To be lieutenant general portance and responsibility under title 10, on Energy and Natural Resources, without U.S.C., section 601: Maj. Gen. Peter M. Cuviello, 0000 amendment: To be vice admiral H.R. 1749: A bill to designate Wilson Creek The following named officer for appoint- in Avery and Caldwell Counties, North Caro- ment in the United States Army to the grade Rear Adm. James W. Metzger, 0000 lina, as a component of the National Wild indicated while assigned to a position of im- The following named officer for appoint- and Scenic Rivers System (Rept. No. 106–320). portance and responsibility under title 10, ment in the United States Navy to the grade H.R. 2932: To direct the Secretary of the In- U.S.C., section 601: indicated while assigned to a position of im- terior to conduct a study of the Golden To be lieutenant general portance and responsibility under title 10, Spike/Crossroads of the West National Herit- U.S.C., section 601; Maj. Gen. Timothy J. Maude, 0000 age Area Study Area and to establish the To be vice admiral Crossroads of the West Historic District in The following named officer for appoint- Rear Adm. Michael G. Mullen, 0000 the State of Utah. (Rept. No. 106–321). ment in the United States Army to the grade H.R. 3201: A bill to authorize the Secretary indicated while assigned to a position of im- The following named officer for appoint- of the Interior to study the suitability and portance and responsibility under title 10, ment in the United States Navy to the grade feasibility of designating the Carter G. U.S.C., section 601: indicated while assigned to a position of im- Woodson Home in the District of Columbia To be lieutenant general portance and responsibility under title 10, U.S.C., section 601: as a National Historic Site, and for other Maj. Gen. Paul T. Mikolashek, 0000 purposes (Rept. No. 106–322). To be vice admiral The following named officer for appoint- By Mr. ROTH, from the Committee on Fi- ment in the United States Army to the grade Rear Adm. John J. Grossenbacher, 0000 nance, with an amendment in the nature of indicated while assigned to a position of im- The following named officer for appoint- a substitute: S. 662: A bill to amend title XIX of the So- portance and responsibility under title 10, ment in the United States Navy to the grade cial Security Act to provide medical assist- U.S.C., section 601: indicated while assigned to a position of im- ance for certain women screened and found To be lieutenant general portance and responsibility under title 10, U.S.C., section 601: to have breast or cervical cancer under a fed- Maj. Gen. Robert W. Noonan, Jr., 0000 To be vice admiral erally funded screening program (Rept. No. The following named officer for appoint- 106–323). ment in the United States Army to the grade Vice Adm. Gregory G. Johnson, 0000 By Mr. MURKOWSKI, from the Committee indicated while assigned to a position of im- The following named officer for appoint- on Energy and Natural Resources, with an portance and responsibility under title 10, ment in the United States Navy to the grade amendment in the nature of a substitute: U.S.C., section 601: indicated in accordance with Article II, Sec- S. 2071: A bill to benefit electricity con- tion 2, Clause 2, of the Constitution: sumers by promoting the reliability of the To be lieutenant general bulk-power system. Maj. Gen. Daniel R. Zanini, 0000 To be rear admiral (lower half) f The following named officer for appoint- Capt. Eleanor C. Mariano, 0000 ment in the United States Army to the grade The following named officers for appoint- EXECUTIVE REPORTS OF indicated while assigned to a position of im- ment in the United States Navy to the grade COMMITTEES portance and responsibility under title 10, indicated under title 10, U.S.C., section 624: The following executive reports of U.S.C., section 601: To be rear admiral (lower half) committees were submitted: To be general Capt. Nancy E. Brown, 0000 Mr. WARNER. Mr. President, for the Lt. Gen. Tommy R. Franks, 0000 Capt. Donald K. Bullard, 0000 Committee on Armed Services. The following Army National Guard of the Capt. Albert M. Calland III, 0000 The following named officer for appoint- United States officer for appointment in the Capt. Robert T. Conway, Jr., 0000 ment in the United States Air Force to the Reserve of the Army to the grade indicated Capt. John P. Cryer III, 0000 grade indicated under title 10, U.S.C., section under title 10, U.S.C., section 12203: Capt. Thomas Q. Donaldson V, 0000 Capt. John J. Donnelly, 0000 624: To be major general Capt. Steven L. Enewold, 0000 To be major general Brig. Gen. Wayne D. Marty, 0000 Capt. Jay C. Gaudio, 0000 Brig. Gen. Craig P. Rasmussen, 0000 The following named officer for appoint- Capt. Charles S. Hamilton II, 0000 The following Air National Guard of the ment in the United States Army to the grade Capt. John C. Harvey, Jr., 0000 United States officer for appointment in the indicated while assigned to a position of im- Capt. Timothy L. Heely, 0000 Reserve of the Air Force to the grade indi- portance and responsibility under title 10, Capt. Carlton B. Jewett, 0000 cated under title 10, U.S.C., section 12203: U.S.C., section 601: Capt. Rosanne M. Levitre, 0000

VerDate Mar 15 2010 20:11 Apr 24, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD\BR2000\JUN\S27JN0.REC S27JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2000 CONGRESSIONAL RECORD—SENATE 12455 Capt. Samuel J. Locklear III, 0000 Army nominations beginning Philip W. Mr. HATCH. Mr. President, for the Capt. Richard J. Mauldin, 0000 Hill and ending Joseph F. Hannon, which Committee on the Judiciary. Capt. Alexander A. Miller, 0000 nominations were received by the Senate and Paul C. Huck, of Florida, to be United Capt. Mark R. Milliken, 0000 appeared in the Congressional Record on States District Judge for the Southern Dis- Capt. Christopher M. Moe, 0000 May 11, 2000. trict of Florida. Capt. Matthew G. Moffit, 0000 Army nominations beginning Ronald J. John W. Darrah, of Illinois, to be United Capt. Michael P. Nowakowski, 0000 Buchholz and ending *Jean M. Davis, which States District Judge for the Northern Dis- Capt. Stephen R. Pietropaoli, 0000 nominations were received by the Senate and trict of Illinois. Capt. Paul J. Ryan, 0000 appeared in the Congressional Record on Joan Humphrey Lefkow, of Illinois, to be Capt. Michael A. Sharp, 0000 May 11, 2000. United States District Judge for the North- Capt. Vinson E. Smith, 0000 Army nominations beginning Jack R. ern District of Illinois. Capt. Harold D. Starling II, 0000 Christensen and ending Daniel J. Travers, George Z. Singal, of Maine, to be United Capt. James Stavridis, 0000 which nominations were received by the Sen- States District Judge for the District of Capt. Paul E. Sullivan, 0000 ate and appeared in the Congressional Maine. Capt. Michael C. Tracy, 0000 Record on May 11, 2000. Army nominations beginning Brent M. (The above nominations were re- Capt. Miles B. Wachendorf, 0000 ported with the recommendation that Capt. John J. Waickwicz, 0000 Boyles and ending Frank J. Toderico, which Capt. Anthony L. Winns, 0000 nominations were received by the Senate and they be confirmed.) appeared in the Congressional Record on The following named officer for appoint- f June 6, 2000. ment in the United States Navy to the grade Army nominations beginning *Robin M. INTRODUCTION OF BILLS AND indicated while assigned to a position of im- Adamsmccallum and ending Esmeraldo JOINT RESOLUTIONS portance and responsibility under title 10, Zarzabal, Jr., which nominations were re- U.S.C., section 601: The following bills and joint resolu- ceived by the Senate and appeared in the To be vice admiral tions were introduced, read the first Congressional Record on June 6, 2000. and second times by unanimous con- Rear Adm. Joseph W. Dyer, 0000 Army nominations beginning Richard A. sent, and referred as indicated: The following named officer for appoint- Gaydo and ending John E. Zydron, which ment in the United States Navy to the grade nominations were received by the Senate and By Mr. BREAUX: S. 2792. A bill to provide that land which is indicated while assigned to a position of im- appeared in the Congressional Record on owned by the Coushatta Tribe of Louisiana portance and responsibility under title 10, June 14, 2000. but which is not held in trust by the United U.S.C., section 601: Army nomination of Thomas A. Kolditz, which was received by the Senate and ap- States for the Tribe may be leased or trans- To be vice admiral peared in the Congressional Record on June ferred by the Tribe without further approval Rear Adm. John B. Nathman, 0000 14, 2000. by the United States; to the Committee on The following named officer for appoint- Army nominations beginning Karen A. Indian Affairs. ment in the United States Navy to the grade Dixon and ending Jesse J. Rose, which nomi- By Mr. HOLLINGS (for himself, Mr. indicated while assigned to a position of im- nations were received by the Senate and ap- INOUYE, Mr. ROCKEFELLER, Mr. DOR- portance and responsibility under title 10, peared in the Congressional Record on June GAN, and Mr. KERRY): U.S.C., section 601: 14, 2000. S. 2793. A bill to amend the Communica- Navy nomination of James R. Lake, which tions Act of 1934 to strengthen the limitation To be vice admiral was received by the Senate and appeared in on holding and transfer of broadcast licenses Rear Adm. Paul G. Gaffney II, 0000 the Congressional Record on April 11, 2000. to foreign persons, and to apply a similar The following named officer for appoint- Navy nomination of Robert E. Davis, limitation to holding and transfer of other ment as Assistant Commandant of the Ma- which was received by the Senate and ap- telecommunications media by or to foreign rine Corps and appointment to the grade in- peared in the Congressional Record on May governments; to the Committee on Com- dicated while assigned to a position of im- 11, 2000. merce, Science, and Transportation. portance and responsibility under title 10, Navy nominations beginning Lawrence J. By Mr. BAYH (for himself and Mr. U.S.C., sections 601 and 5044: Chick and ending James R. Wimmer, which LUGAR): To be general nominations were received by the Senate and S. 2794. A bill to provide for a temporary appeared in the Congressional Record on Federal district judgeship for the southern Lt. Gen. Michael J. Williams, 0000 May 11, 2000. district of Indiana; to the Committee on the The following named officer for appoint- Navy nomination of Ray A. Stapf, which Judiciary. ment in the United States Marine Corps to was received by the Senate and appeared in By Mr. REID: the grade indicated while assigned to a posi- the Congressional Record on May 17, 2000. S. 2795. A bill to provide for the use and tion of importance and responsibility under Navy nomination of Jeffrey M. Armstrong, distribution of the funds awarded to the title 10, U.S.C., section 601: which was received by the Senate and ap- Western Shoshone identifiable group under To be general peared in the Congressional Record on June Indian Claims Commission Docket Numbers 14, 2000. 326–A–1, 326–A–3, 326–K, and for other pur- Lt. Gen. Carlton W. Fulford, Jr., 0000 Navy nomination of Billy J. Price, which poses; to the Committee on Indian Affairs. (The above nominations were re- was received by the Senate and appeared in By Mr. VOINOVICH (for himself, Mr. ported with the recommendation that the Congressional Record on June 14, 2000. SMITH of New Hampshire, and Mr. they be confirmed.) Navy nominations beginning Aurora S. BAUCUS): Mr. WARNER. Mr. President, for the Abalos and ending Jerry L. Zumbro, which S. 2796. A bill to provide for the conserva- Committee on Armed Services, I report nominations were received by the Senate and tion and development of water and related appeared in the Congressional Record on resources, to authorize the Secretary of the favorably nomination lists which were June 14, 2000. Army to construct various projects for im- printed in the RECORDS of the dates in- Marine Corps nominations beginning Den- provements to rivers and harbors of the dicated, and ask unanimous consent, to nis J. Allston and ending David L. Stokes, United States, and for other purposes; to the save the expense of reprinting on the which nominations were received by the Sen- Committee on Environment and Public Executive Calendar that these nomina- ate and appeared in the Congressional Works. tions lie at the Secretary’s desk for the Record on May 11, 2000. By Mr. SMITH of New Hampshire (for information of Senators. Marine Corps nominations beginning Ar- himself, Mr. BAUCUS, Mr. VOINOVICH, The PRESIDING OFFICER. Without thur J. Athens and ending Marc A. Work- Mr. GRAHAM, and Mr. MACK): man, which nominations were received by S. 2797. A bill to authorize a comprehensive objection, it is so ordered. the Senate and appeared in the Congres- Everglades restoration plan; to the Com- Air Force nominations beginning Cath- sional Record on June 6, 2000. mittee on Environment and Public Works. erine T. Bacon and ending Karin G. Murphy, Marine Corps nominations beginning Tray By Mr. ALLARD: which nominations were received by the Sen- J. Ardese and ending Barian A. Woodward, S. 2798. A bill to amend the Federal De- ate and appeared in the Congressional which nominations were received by the Sen- posit Insurance Act to require periodic cost- Record on June 6, 2000. ate and appeared in the Congressional of-living adjustments to the amount of de- Air Force nominations beginning Ronald Record on June 6, 2000. posit insurance coverage available under A. Gregory and ending Melody A. Warren, Marine Corps nomination of John M. Dunn, that Act; to the Committee on Banking, which nominations were received by the Sen- which was received by the Senate and ap- Housing, and Urban Affairs. ate and appeared in the Congressional peared in the Congressional Record on June By Mr. MURKOWSKI (for himself, Mr. Record on June 14, 2000. 14, 2000. ABRAHAM, and Mr. CAMPBELL):

VerDate Mar 15 2010 20:11 Apr 24, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD\BR2000\JUN\S27JN0.REC S27JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY 12456 CONGRESSIONAL RECORD—SENATE June 27, 2000 S. 2799. A bill to allow a deduction for Fed- statute in the 1930’s, and while the law sets. So for example, regulated Euro- eral, State, and local taxes on gasoline, die- has not changed, the FCC’s interpreta- pean monopolists Deutsche Telekom sel fuel, or other motor fuel purchased by tion of this statute has. and France Telecom, both majority consumers between July 1, 2000, and Decem- It is time to revisit this matter to foreign government owned—and sub- ber 31, 2000; to the Committee on Finance. By Mr. LAUTENBERG (for himself and ensure that current policy is consistent ject to considerably less domestic com- Mr. CRAPO): with efforts to promote vigorous do- petition, are reportedly eyeing U.S. S. 2800. A bill to require the Administrator mestic competition, maintain a secure companies. of the Environmental Protection Agency to communications system for National For more than fifty years, U.S. inter- establish an integrated environmental re- Security while meeting our Inter- national trade policy has encouraged porting system; to the Committee on Envi- national Trade Obligations. governments to separate themselves ronment and Public Works. The statute expressly prohibits the from the private or commercial sector. By Mr. SHELBY (for himself and Mr. transfer of a license to any corporation Throughout the 1960s and 1970s, the HELMS): owned 25 percent or more by a foreign S. 2801. A bill to prohibit funding of the ne- U.S. Government encouraged various gotiation of the move of the Embassy of the government, but allows the FCC to privatizations of foreign government- People’s Republic of China in the United waive this prohibition if doing so would owned commercial ventures. States until the Secretary of State has re- be in the public interest. Unfortu- With the end of the Cold War and the quired the divestiture of property purchased nately, the FCC in previous rule- rise of global capitalism, we can jus- by the Xinhua News Agency in violation of making has found that the public in- tifiably claim an enormous amount of the Foreign Missions Act; read the first terest is satisfied solely on the basis of success in these efforts. Unfortunately, time. whether the foreign government owned these efforts are far from complete. By Mr. WELLSTONE: company is based in a WTO country. If Around the globe, some of the world’s S. 2802. A bill to amend the Equity in Edu- cational Land-Grant Status Act of 1994 to the country is a member of the WTO, most important sectors remain shack- add White Earth Tribal and Community Col- the FCC assumes that the public inter- led with government-owned competi- lege to the list of 1994 Institutions; to the est standard has been met. tors. These government owned compa- Committee on Health, Education, Labor, and The legislation we introduce today nies distort competition and under- Pensions. will bar outright the transfer or mine the concept of private capitalism. f issuance of telecommunications li- To allow these government-owned en- censes to providers who are more than tities to purchase U.S.-based assets SUBMISSION OF CONCURRENT AND 25 percent owned by a foreign govern- would undermine longstanding and suc- SENATE RESOLUTIONS ment. We would not be alone in taking cessful U.S. policy. Moreover, allowing The following concurrent resolutions this step. Governments across the these competitors into the United and Senate resolutions were read, and globe have prevented government States could potentially undercut our referred (or acted upon), as indicated: owned telecommunications providers efforts to ensure competition in our do- By Ms. LANDRIEU (for herself and Mr. from purchasing assets in their coun- mestic telecommunications market BREAUX): tries. In the last month, the Spanish and in markets abroad. S. Res. 328. A resolution to commend and government prevented KPN, the Dutch Government ownership of commer- congratulate the Louisiana State University provider, from purchasing Telefo´ nica cial assets results in significant mar- Tigers on winning the 2000 College World Se- de Espan˜ a because of the Netherlands ketplace distortion. Companies owned ries; considered and agreed to. government’s stake in KPN. They were by governments have access to capital, f not alone; the Italian and Hong Kong capital markets and interest rates on STATEMENTS ON INTRODUCED governments have recently thwarted more favorable terms than companies BILLS AND JOINT RESOLUTIONS takeover attempts by Deutsche not affiliated with national govern- Telekom, of Telecom Italia, and Singa- ments. Many lenders may assume, cor- By Mr. HOLLINGS (for himself, pore Tel, of Hong Kong Telecom, for rectly, that individual governments Mr. INOUYE, Mr. ROCKEFELLER, just such reasons. would not allow these companies to Mr. DORGAN, and Mr. KERRY): Recent comments by Deutsche fail. S. 2793. A bill to amend the Commu- Telekom are particularly disturbing. In addition, companies competing nications Act of 1934 to strengthen the During a recent press conference in with these providers may suffer from limitation on holding and transfer of New York, DT’s CEO, Rom Sommer, increased costs as a result of the en- broadcast licenses to foreign persons, stated ‘‘that the market cap of Deut- trance of such providers into the mar- and to apply a similar limitation to sche Telekom today vs. any American ket. Lenders may conclude that the holding and transfer of other tele- potential acquisition candidate means difficulty in competing with a govern- communications media by or to foreign that nobody is out of reach.’’ DT is ap- ment-owned company will increase the governments; to the Committee on proximately 59 percent government likelihood of failure. As a result, the Commerce, Science, and Transpor- owned, has approximately 100 million entrance of a government supported tation. euros in cash and operates essentially provider into a market raises troubling FOREIGN GOVERNMENT INVESTMENT ACT OF 2000 from a protected home market. NTT, anti-competitive issues. Many of these Mr. HOLLINGS. Mr. President, in the Japanese Government owned pro- anti-competitive effects can be relieved Saturday’s Washington Post business vider and France Telecom, the French merely by the elimination of govern- section there is a headline story: Ger- Government owned provider are simi- ment-owned stakes. man Phone Giant Seeks U.S. Firm. The larly situated. Finally, with regard to foreign mar- concluding paragraph: Since 1984, U.S. telecommunications kets, it is troubling to permit compa- But Hedberg stressed that a joint venture policy has encouraged vigorous domes- nies to be regulated by the govern- will not, under any circumstances, be consid- tic competition. The modified final ments that own them. While there is ered as the means of crafting an offering for judgment and the 1996 Telecommuni- little we can do to effect this situation, multinationals: Deutsche Telekom wants cations Act are key examples of our ef- we can take care to see that it is not full control of whatever course it pursues. forts in this area. While our efforts to exacerbated. These companies may use Accordingly, on behalf of Senators foster competition have benefited con- profits from these anticompetitive INOUYE, ROCKEFELLER, DORGAN, KERRY, sumers, these efforts have depressed markets to unfairly subsidize U.S. op- and myself, we introduce legislation to the earnings and stock prices of U.S. erations. clarify the rules governing the take- domestic providers. I must raise the national security over of U.S. telecommunications pro- But in ‘‘Promoting competition’’ concerns that trouble me greatly. We viders by overseas companies owned by here at home we may be facilitating can all agree that telecommunications foreign governments. The original the ease by which foreign protected services are important for national se- rules in this area were established by players may emerge with key U.S. as- curity concerns. To permit a foreign

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12457 government to own such assets would the southern district of Indiana; to the United States appropriated more than raise too many troubling questions. Committee on the Judiciary. 26 million dollars to reimburse the de- The United States government—for TEMPORARY JUDGESHIP FOR SOUTHERN INDIANA scendants of these tribes for their loss. national security purposes—created Mr. BAYH. Mr. President, I rise Mr. President, the Western Shoshone and nurtured the Internet in the 1960s today with Senator RICHARD LUGAR to are not a wealthy people. A third of the and 1970s to ensure redundancy in com- introduce the Southern District of In- tribal members are unemployed; for munications. To permit foreign govern- diana Temporary Judgeship Act. This many of those who do have jobs, it is a ment owned companies to purchase the legislation creates an additional tem- struggle to live from one paycheck to infrastructure necessary to support the porary judgeship for the Southern Dis- the next. Wood stoves often provide the Internet would undercut the very suc- trict of Indiana to help alleviate the only source of heat in their aging cess of these efforts. strain experienced over the past five homes. Like other American Indians, This bill is timely for one additional years as a result of an extremely heavy the Western Shoshone continue to be reason. In recent days we have seen an caseload. disproportionately affected by poverty increase in European Union antitrust In the last year alone, the Southern and low educational achievement. The scrutiny in the telecommunications District has seen a higher than average high school completion rate for Indian area. Much of that activity has focused number of case filings with 585 filings people between the ages of 20 and 24 is on two high profile proposed mergers, per judge, compared to the national av- dismally low. American Indians have a WorldCom-Sprint and Time WARNER– erage of 493 filings per judge. The Fed- drop-out rate 12.5 percent higher than AOL, despite the limited impact that eral Bureau of Prisons ‘‘Death Row’’ the rest of the nation. For the majority these mergers will have on the Euro- has recently been located at the United of the Western Shoshone, the money pean Union. This trend has become so States Penitentiary in Terre Haute, In- contained in the settlement funds pronounced that it received coverage in diana, which is part of the Southern could lead to drastic lifestyle improve- last weeks Washington Post in a story District. As a result, the Southern Dis- ments. entitled, ‘‘EU Resists Big U.S. merg- trict anticipates a significant increase ers.’’ Yet twenty years later, those three in the number of petitions in death ha- This increased antitrust activity is judgement funds still remain in the beas cases. In addition, the Southern particularly troublesome because com- United States Treasury. The Western petitors to both companies are owned District of Indiana includes our state Shoshone have not received a single by European governments including capital of Indianapolis, the center of penny of the money which is rightfully the German, French and Dutch govern- government and politics in the Hoosier theirs. In those twenty years, the origi- ments. State. The court has experienced an in- nal trust fund has grown to more than Moreover, several of these govern- crease in the number of cases which 121 million dollars. It is long past the ment owned companies are widely re- raise political and public policy ques- time that this money should be deliv- ported to be interested in purchasing tions. The Southern District court is ered into the hands of its owners. The the remnants of Sprint that may be clearly overburdened. Western Shoshone Steering Committee separated as a result of this investiga- The legislation I introduce today is has officially requested that Congress tion. In fact, according to a recent Fi- critical to ensuring the delivery of Jus- enact legislation to affect this dis- nancial Times story, as a result of ag- tice in the Southern District of Indi- tribution. gressive antitrust enforcement, a ana. There is wide agreement about the It has become increasingly apparent strong American competitor—MCI need for this additional judgeship and, in recent years that the vast majority WorldCom may fall prey to one of these in fact, the Judicial Conference has of those who qualify to receive these government owned-competitors. called on Congress to add a temporary funds support an immediate distribu- For the United States Justice De- judge. I urge my colleagues to give this tion of their money. This Act will pro- partment to take this step is one mat- legislation their serious consideration vide payments to eligible Western Sho- ter—these mergers involve American and support. I thank the President and shone tribal members and ensure that companies, primarily doing business in I yield the floor. future generations of Western Sho- the United States. For the EU to take By Mr. REID: shone will be able to enjoy the benefit this step—when it is likely to assist S. 2795. A bill to provide for the use of the distribution in perpetuity. European Companies owned by its and distribution of the funds awarded Through the establishment of a trib- member governments—is quite an- to the Western Shoshone identifiable ally controlled grant trust fund, indi- other. group under Indian Claims Commission vidual members of the Western Sho- Moreover, this is not the first time Docket Numbers 326–A–1, 326–A–3, 326– shone will be able to apply for money that the EU has intervened in a U.S. K, and for other purposes; to the Com- for education and other needs within merger to protect European govern- mittee on Indian Affairs. limits set by a self-appointed com- ment owned companies. Several years mittee of tribal members. WESTERN SHOSHONE CLAIMS DISTRIBUTION ACT ago, the EU objected to the Boeing- It is clear that the Western Shoshone McDonnell Douglas merger in order to Mr. REID. Mr. President, I rise today to introduce the Western Shoshone want the funds from their claim dis- protect the government owned Airbus tributed with all due haste. Members of consortium. Claims Distribution Act. Historically, the Western Shoshone the Western Shoshone gathered in In conclusion, this legislation estab- Fallon and Elko, Nevada in May of lishes all of the correct incentives. It were the residents land in the north- eastern corner of Nevada and parts of 1998. They cast a vote overwhelmingly does not prohibit foreign investment; in favor of distributing the funds. 1,230 rather, it prohibits foreign government California. For more than a hundred years, the Western Shoshone have re- supported the distribution in the state- investment. Many companies have ex- wide vote; only 53 were opposed. I rise pressed a desire to enter the U.S.; ours ceived no compensation for the loss of their tribal lands. In the 1950’s, the In- today in support and recognition of is a lucrative market. By encouraging their decision. The final distribution of additional privatization of the govern- dian Lands Claim Commission was es- tablished to compensate Indians for this fund has lingered for more than ment-owned telecommunications pro- twenty years and it is clear that the viders interested in providing services lands ceded to the United States. The commission determined that Western best interests of the tribes will not be in the United States we will further served by prolonging their wait. the ideals of international capitalism. Shoshone land had been taken through ‘‘gradual encroachment,’’ and awarded Mr. President, twenty years has been By Mr. BAYH (for himself and the tribe 26 million dollars. The com- more than long enough. Mr. LUGAR): mission’s decision was later approved Mr. President, I ask unanimous con- S. 2794. A bill to provide for a tem- by the United States Supreme Court. sent that the full text of the bill be porary Federal district judgeship for However, it was not until 1979 that the printed in the RECORD.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12458 CONGRESSIONAL RECORD—SENATE June 27, 2000 There being no objection, the bill was graph (4) is complete shall be added to the (D) The Secretary shall consult with the ordered to be printed in the RECORD, as principal funds that are held and invested Committee on the management and invest- follows: under section 3(1). ment of the funds subject to distribution (8) All per capita shares belonging to living under this section. S. 2795 competent adults certified as eligible to (E) The Committee shall have the author- Be it enacted by the Senate and House of Rep- share in the judgment fund distribution ity to disburse the accumulated interest resentatives of the United States of America in under this section, and the interest earned fund under this Act in accordance with the Congress assembled, on those shares, that remain unpaid for a pe- terms of this Act. The Committee shall be SECTION 1. SHORT TITLE. riod of 6-years shall be added to the principal responsible for ensuring that the funds pro- This Act may be cited as the ‘‘Western funds that are held and invested under sec- vided through grants under paragraph (1) are Shoshone Claims Distribution Act’’. tion 3(1), except that in the case of a minor, utilized in a manner consistent with the SEC. 2. DISTRIBUTION OF DOCKET 326–K FUNDS. such 6-year period shall not begin to run terms of this Act. In accordance with para- The funds appropriated on December 19, until the minor reaches the age of majority. graph (1)(C), the Committee may use a por- 1979, in satisfaction of an award granted to (9) Receipt of a share of the judgment tion of the interest funds to pay all of the the Western Shoshone Indians in Docket funds under this section shall not be con- reasonable and necessary expenses of the Number 326–K before the Indian Claims Com- strued as a waiver of any existing treaty Committee, including per diem rates for at- mission, including all earned interest shall rights pursuant to the ‘‘1863 Treaty of Ruby tendance at meetings that are the same as be distributed as follows: Valley’’ inclusive of all Articles I through for those paid to Federal employees in the (1) The Secretary shall establish a Western VIII and shall not prevent any Western Sho- same geographic location. Shoshone Judgment Roll consisting of all shone Tribe or Band or individual Shoshone (F) The Committee shall develop written Western Shoshones who— Indian from pursuing other rights guaran- rules and procedures that include such mat- (A) have at least 1⁄4 degree of Western Sho- teed by law. ters as operating procedures, rules of con- shone Blood; SEC. 3. DISTRIBUTION OF DOCKETS 326–A–-1 AND duct, scholarship fund eligibility criteria (B) are citizens of the United States; and 326–A–3. (such criteria to be consistent with this Act), (C) are living on the date of enactment of The funds appropriated on March 23, 1992, application selection procedures, appeals this Act. and August 21, 1995, in satisfaction of the procedures, fund disbursement procedures, (2) Any individual determined or certified awards granted to the Western Shoshone In- and fund recoupment procedures. Such rules as eligible by the Secretary to receive a per dians in Docket Numbers 326–A–1 and 326–A– and procedures shall be subject to the ap- capita payment from any other judgment 2 before the United States Court of Claims, proval of the Secretary. A portion of the in- fund awarded by the Indian Claims Commis- and the funds referred to under section 2, to- terest funds, not to exceed $100,000, under sion, the United States Claims Court, or the gether with all earned interest, shall be dis- this Act may be used by the Committee to United States Court of Federal Claims, that tributed as follows: pay the expenses associated with developing was appropriated on or before the date of en- (1)(A) Not later than 120 days after the date such rules and procedures. At the discretion actment of this Act, shall not be eligible for of enactment of this Act, the Secretary shall of the Committee, and with the approval of enrollment under this Act. establish in the Treasury of the United the appropriate tribal governing body, juris- (3) The Secretary shall publish in the Fed- States a trust fund to be known as the diction to hear appeals of the Committee’s eral Register rules and regulations governing ‘‘Western Shoshone Educational Trust decisions may be exercised by a tribal court, the establishment of the Western Shoshone Fund’’ for the benefit of the Western Sho- or a court of Indian offenses operated under Judgment Roll and shall utilize any docu- shone members. There shall be credited to section 11 of title 25, Code of Federal Regula- ments acceptable to the Secretary in estab- the Trust Fund the amount described in the tions. lishing proof of eligibility. The Secretary’s matter preceding this paragraph. (G) The Committee shall employ an inde- determination on all applications for enroll- (B) The principal amount in the Trust pendent certified public accountant to pre- ment under this paragraph shall be final. Fund shall not be expended or disbursed. pare an annual financial statement that in- (4) Upon completing the Western Shoshone Other amounts in the Trust Fund shall be in- cludes the operating expenses of the Com- Judgment Roll under paragraph (1), the Sec- vested as provided for in section 1 of the Act mittee and the total amount of scholarship retary shall make a per capita distribution of June 24, 1938 (25 U.S.C. 162a). fund disbursements for the fiscal year for of 100 percent of the funds described in this (C) All accumulated and future interest which the statement is being prepared under section, in a sum as equal as possible, to and income from the Trust Fund shall be dis- this section. The Committee shall compile a each person listed on the Roll. tributed as educational and other grants, list of names of all individuals approved to (5)(A) With respect to the distribution of and as other forms of assistance determined receive scholarship funds during such fiscal funds under this section, the per capita appropriate, to individual Western Shoshone year. The financial statement and the list shares of living competent adults who have members as required under this Act and to shall be distributed to each organization re- reached the age of 19 years on the date of the pay the reasonable and necessary expenses of ferred to in this section and copies shall be distribution provided for under paragraph the Administrative Committee established made available to the Western Shoshone (4), shall be paid directly to them. under paragraph (2) (as defined in the writ- members upon request. (B) The per capita shares of deceased indi- ten rules and procedures of such Committee). SEC. 4. DEFINITIONS. viduals shall be distributed to their heirs and Funds under this paragraph shall not be dis- In this Act: legatees in accordance with regulations pre- tributed on a per capita basis. (1) SECRETARY.—The term ‘‘Secretary’’ scribed by the Secretary. (2)(A) An Administrative Committee to means the Secretary of the Interior. (C) The shares of legally incompetent indi- oversee the distribution of the education (2) TRUST FUND.—The term ‘‘Trust Fund’’ viduals shall be administered pursuant to grants authorized under paragraph (1) shall means the Western Shoshone Educational regulations and procedures established by be established as provided for in this para- Trust Fund established under section 3(1). the Secretary under section 3(b)(3) of Public graph. (3) WESTERN SHOSHONE MEMBERS.—The Law 93-134 (25 U.S.C. 1403(b)(3)). (B) The Administrative Committee shall term ‘‘Western Shoshone members’’ means (D) The shares of minors and individuals consist of 1 representative from each of the an individual who appears on the Western who are under the age of 19 years on the date following organizations: Shoshone Judgment Roll established under of the distribution provided for under para- (i) The Western Shoshone Te-Moak Tribe. section 2(1), or an individual who is the lin- graph (4) shall be held by the Secretary in (ii) The Duckwater Shoshone Tribe. eal descendant of an individual appearing on supervised individual Indian money ac- (iii) The Yomba Shoshone Tribe. the roll, and who— counts. The funds from such accounts shall (iv) The Ely Shoshone Tribe. (A) satisfies all eligibility criteria estab- be disbursed over a period of 4 years in pay- (v) The Western Shoshone Business Council lished by the Administrative Committee ments equaling 25 percent of the principal, of the Duck Valley Reservation, Fallon Band under section 3; plus the interest earned on that portion of of Western Shoshone. (B) fulfills all application requirements es- the per capita share. The first payment shall (vi) The at large community. tablished by the Administrative Committee; be disbursed to individuals who have reached (C) Each member of the Committee shall and the age of 18 years if such individuals are serve for a term of 4-years. If a vacancy re- (C) agrees to utilize tile funds in a manner deemed legally competent. Subsequent pay- mains unfilled in the membership of the approved by the Administrative Committee ments shall be disbursed within 90 days of Committee for a period in excess of 60 days, for educational or vocational training pur- the individual’s following 3 birthdays. the Committee shall appoint a replacement poses. (6) All funds distributed under this Act are from among qualified members of the organi- subject to the provisions of section 7 of Pub- zation for which the replacement is being SEC. 5. REGULATIONS. lic Law 93-134 (25 U.S.C. 1407). made and such member shall serve until the The Secretary shall prescribe the enroll- (7) All residual principal and interest funds organization to be represented designates a ment regulations necessary to carry out this remaining after the distribution under para- replacement. Act.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12459 By Mr. VOINOVICH (for himself, resulting in increased construction to match federal dollars results in Mr. SMITH of New Hampshire, costs and delays in achieving project much better projects than where Fed- and Mr. BAUCUS): benefits. eral funds are simply handed out. S. 2796. A bill to provide for the con- Mr. President, I recognize that budg- Whether it’s parks, housing, highways, servation and development of water et allocations and Corps appropriations or water resources projects, the re- and related resources, to authorize the are beyond the purview of the author- quirement for a local cost share pro- Secretary of the Army to construct ization package that I am introducing vides a level of accountability that is various projects for improvements to today, but I believe that the backlog essential to a quality project. Cost rivers and harbors of the United issue should impact the way we ap- sharing principles must not be weak- States, and for other purposes; to the proach WRDA2000 in three very impor- ened, and I am pleased to report that Committee on Environment and Public tant ways. they are not in this legislation. Works. First, we need to control the mission Mr. President, the bill that I am in- WATER RESOURCES DEVELOPMENT ACT OF 2000 creep of the Corps of Engineers. I am troducing today ensures that we only Mr. VOINOVICH. Mr. President, I am not convinced that there is a Corps role commit to those projects that are prop- pleased to introduce today the Water in water and sewage plant construc- erly within the purview of the Corps of Resources Development Act of 2000, tion, and I am pleased to report that Engineers, it provides that each project and I am pleased that my colleagues the bill that I am introducing today meets the necessary criteria for federal Senator BOB SMITH, Environment and contains no authorizations for environ- involvement and it preserves the cost- Public Works Committee chairman and mental infrastructure, such as waste- sharing arrangement with state and Senator MAX BAUCUS, ranking member water treatment plants or combined local sponsors that has been in place of the Environment and Public Works sewer overflow systems. Another exam- for more than a decade. It is a respon- Committee have joined as co-sponsors ple is the brownfields remediation au- sible approach to meeting our nation’s of this bill. thority proposed by the White House water resources needs, and I look for- The Water Resources Development for the Corps. Brownfield remediation ward to working with my colleagues to Act of 2000 (WRDA2000) is the culmina- is a very important issue. It is a big advance the goals of this legislation. tion of four hearings that the Com- problem in my state of Ohio and I am Thank you, Mr. President. I ask mittee on Environment and Public working to remove federal impedi- unanimous consent that a copy of the Works has held regarding a number of ments to State cleanups. Having said Water Resources Development Act of different water resources development that, I do not believe this is a mission 2000 be printed in the RECORD following issues and projects. The cornerstone of of the Corps of Engineers, and the bill my remarks. this year’s WRDA bill will be the Com- that I am introducing today does not There being no objection, the bill as prehensive Everglades Restoration contain authority for the Corps to be ordered to be printed in the RECORD, as Plan, however, the bill that I am intro- involved in brownfields remediation. follows: ducing today does not contain an Ever- We need to recognize and address the S. 2796 glades Restoration Title. That title large unmet national needs within the Be it enacted by the Senate and House of Rep- will be added as an amendment to this traditional Corps mission areas: needs resentatives of the United States of America in bill by Senate Environment and Public such as flood control, navigation and Congress assembled, Works Committee Chairman BOB SMITH the emerging mission area of restora- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. when the full Committee marks-up tion of nationally significant environ- (a) SHORT TITLE.—This Act may be cited as WRDA 2000 on Wednesday, June 28, mental resources like the Florida Ever- the ‘‘Water Resources Development Act of 2000. glades. 2000’’. Some of my colleagues may question The second thing that we need to do (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: the need for a water resources bill this is to make sure that the projects Con- gress authorizes meet the highest Sec. 1. Short title; table of contents. year since Congress passed a WRDA Sec. 2. Definition of Secretary. bill just last year. In reality, last standard of engineering, economic and TITLE I—WATER RESOURCES PROJECTS year’s bill was actually unfinished environmental analysis. We must be business from the 105th Congress, and sure that these projects and project Sec. 101. Project authorizations. Sec. 102. Small shore protection projects. if Congress is to get back on its two modifications make maximum net con- Sec. 103. Small navigation projects. year cycle for passage of WRDA legisla- tributions to economic development Sec. 104. Removal of snags and clearing and tion, we need to act on a bill this year. and environmental quality. straightening of channels in The two year cycle is important to We can only assure that projects navigable waters. avoid long delays between the planning meet these high standards if projects Sec. 105. Small bank stabilization projects. and execution of projects and to meet have received adequate study and eval- Sec. 106. Small flood control projects. uation to establish project costs, bene- Sec. 107. Small projects for improvement of Federal commitments to state and the quality of the environment. local governments partners who share fits, and environmental impacts to an Sec. 108. Beneficial uses of dredged material. the costs of these projects with the appropriate level of confidence. This Sec. 109. Small aquatic ecosystem restora- Federal government. means that a feasibility report must be tion projects. While the two year authorization completed before projects are author- Sec. 110. Flood mitigation and riverine res- cycle is extremely important in main- ized for construction. Thus, WRDA 2000 toration. taining efficient schedules for comple- only contains projects which have com- Sec. 111. Disposal of dredged material on beaches. tion of water resources projects, effi- pleted feasibility reports. cient schedules also depend on ade- Finally, we have to preserve the part- TITLE II—GENERAL PROVISIONS quate appropriations. The appropria- nerships and cost sharing principles of Sec. 201. Cooperation agreements with coun- tion of funds for the Corps’ program the Water Resources Development Act ties. Sec. 202. Watershed and river basin assess- has not been adequate and, as a result, of 1986. WRDA ’86 established the prin- ments. there is a backlog of over 500 projects ciple that water resources project Sec. 203. Tribal partnership program. that will cost the federal government should be accomplished in partnerships Sec. 204. Ability to pay. $38 billion to complete. with states and local governments and Sec. 205. Property protection program. I believe these are worthy projects that this partnership should involve Sec. 206. National Recreation Reservation with positive benefit-to-cost ratios and significant financial participation by Service. capable non-Federal sponsors. Never- the non-federal sponsors. This bill con- Sec. 207. Operation and maintenance of hy- droelectric facilities. theless, the inability to provide ade- tains no cost share changes. Sec. 208. Interagency and international sup- quate funding for these projects means My experience as Mayor of Cleveland port. that project construction schedules are and Governor of Ohio convinced me Sec. 209. Reburial and conveyance author- spread out over a longer period of time, that the requirement for local funding ity.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0655 E:\BR00\S27JN0.002 S27JN0 12460 CONGRESSIONAL RECORD—SENATE June 27, 2000

Sec. 210. Approval of construction of dams Sec. 420. Merrimack River Basin, Massachu- (6) MURRIETA CREEK, CALIFORNIA.—The and dikes. setts and New Hampshire. project for flood control, Murrieta Creek, Sec. 211. Project deauthorization authority. Sec. 421. Port of Gulfport, Mississippi. California, at a total cost of $43,100,000, with Sec. 212. Floodplain management require- Sec. 422. Upland disposal sites in New Hamp- an estimated Federal cost of $27,800,000 and ments. shire. an estimated non-Federal cost of $15,300,000. Sec. 213. Environmental dredging. Sec. 423. Missouri River basin, North Da- (7) PINE FLAT DAM, CALIFORNIA.—The TITLE III—PROJECT-RELATED kota, South Dakota, and Ne- project for fish and wildlife restoration, Pine PROVISIONS braska. Flat Dam, California, at a total cost of Sec. 424. Cuyahoga River, Ohio. Sec. 301. Boydsville, Arkansas. $34,000,000, with an estimated Federal cost of Sec. 425. Fremont, Ohio. Sec. 302. White River Basin, Arkansas and $22,000,000 and an estimated non-Federal cost Sec. 426. Grand Lake, Oklahoma. Missouri. of $12,000,000. Sec. 427. Dredged material disposal site, Sec. 303. Gasparilla and Estero Islands, Flor- (8) RANCHOS PALOS VERDES, CALIFORNIA.— Rhode Island. ida. The project for environmental restoration, Sec. 428. Chickamauga Lock and Dam, Ten- Sec. 304. Fort Hall Indian Reservation, Ranchos Palos Verdes, California, at a total nessee. Idaho. cost of $18,100,000, with an estimated Federal Sec. 429. Germantown, Tennessee. Sec. 305. Upper Des Plaines River and tribu- cost of $11,800,000 and an estimated non-Fed- Sec. 430. Horn Lake Creek and Tributaries, taries, Illinois. eral cost of $6,300,000. Sec. 306. Morganza, Louisiana. Tennessee and Mississippi. (9) SANTA BARBARA STREAMS, CALIFORNIA.— Sec. 307. Red River Waterway, Louisiana. Sec. 431. Cedar Bayou, Texas. The project for flood damage reduction, Sec. 308. William Jennings Randolph Lake, Sec. 432. Houston Ship Channel, Texas. Santa Barbara Streams, Lower Mission Maryland. Sec. 433. San Antonio Channel, Texas. Creek, California, at a total cost of Sec. 309. New Madrid County, Missouri. Sec. 434. White River watershed below Mud $17,100,000, with an estimated Federal cost of Sec. 310. Pemiscot County Harbor, Missouri. Mountain Dam, Washington. $8,600,000 and an estimated non-Federal cost Sec. 311. Pike County, Missouri. Sec. 435. Willapa Bay, Washington. of $8,500,000. Sec. 312. Fort Peck fish hatchery, Montana. TITLE V—MISCELLANEOUS PROVISIONS (10) UPPER NEWPORT BAY HARBOR, CALI- Sec. 313. Mines Falls Park, New Hampshire. Sec. 501. Visitors centers. FORNIA.—The project for environmental res- Sec. 314. Sagamore Creek, New Hampshire. Sec. 502. CALFED Bay-Delta Program as- toration, Upper Newport Bay Harbor, Cali- Sec. 315. Passaic River Basin flood manage- sistance, California. fornia, at a total cost of $28,280,000, with an ment, New Jersey. Sec. 503. Conveyance of lighthouse, estimated Federal cost of $18,390,000 and an Sec. 316. Rockaway Inlet to Norton Point, Ontonagon, Michigan. estimated non-Federal cost of $9,890,000. New York. SEC. 2. DEFINITION OF SECRETARY. (11) WHITEWATER RIVER BASIN, CALI- Sec. 317. John Day Pool, Oregon and Wash- In this Act, the term ‘‘Secretary’’ means FORNIA.—The project for flood damage reduc- ington. the Secretary of the Army. tion, Whitewater River basin, California, at Sec. 318. Fox Point hurricane barrier, Provi- a total cost of $26,000,000, with an estimated dence, Rhode Island. TITLE I—WATER RESOURCES PROJECTS Federal cost of $16,900,000 and an estimated Sec. 319. Joe Pool Lake, Trinity River SEC. 101. PROJECT AUTHORIZATIONS. non-Federal cost of $9,100,000. Basin, Texas. (a) PROJECTS WITH CHIEF’S REPORTS.—The (12) TAMPA HARBOR, FLORIDA.—Modification Sec. 320. Lake Champlain watershed, following project for water resources devel- of the project for navigation, Tampa Harbor, Vermont and New York. opment and conservation and other purposes Florida, authorized by section 4 of the Act of Sec. 321. Mount St. Helens, Washington. is authorized to be carried out by the Sec- September 22, 1922 (42 Stat. 1042, chapter 427), Sec. 322. Puget Sound and adjacent waters retary substantially in accordance with the to deepen the Port Sutton Channel, at a restoration, Washington. plans, and subject to the conditions, de- total cost of $7,245,000, with an estimated Sec. 323. Fox River System, Wisconsin. scribed in the designated report: The project Federal cost of $4,709,000 and an estimated Sec. 324. Chesapeake Bay oyster restoration. for navigation, New York-New Jersey Har- non-Federal cost of $2,536,000. Sec. 325. Great Lakes dredging levels adjust- bor: Report of the Chief of Engineers dated (13) BARBERS POINT HARBOR, OAHU, HAWAII.— ment. May 2, 2000, at a total cost of $1,781,235,000, The project for navigation, Barbers Point Sec. 326. Great Lakes fishery and ecosystem with an estimated Federal cost of $738,631,000 Harbor, Oahu, Hawaii, at a total cost of restoration. and an estimated non-Federal cost of $51,000,000, with an estimated Federal cost of Sec. 327. Great Lakes remedial action plans $1,042,604,000. $21,000,000 and an estimated non-Federal cost and sediment remediation. (b) PROJECTS SUBJECT TO A FINAL RE- of $30,000,000. Sec. 328. Great Lakes tributary model. PORT.—The following projects for water re- (14) JOHN T. MYERS LOCK AND DAM, INDIANA Sec. 329. Treatment of dredged material sources development and conservation and AND KENTUCKY.—The project for navigation, from Long Island Sound. other purposes are authorized to be carried John T. Myers Lock and Dam, Ohio River, Sec. 330. New England water resources and out by the Secretary substantially in accord- Indiana and Kentucky, at a total cost of ecosystem restoration. ance with the plans, and subject to the con- $182,000,000. The costs of construction of the Sec. 331. Project deauthorizations. ditions, recommended in a final report of the project shall be paid 1⁄2 from amounts appro- TITLE IV—STUDIES Chief of Engineers if a favorable report of the priated from the general fund of the Treas- Sec. 401. Baldwin County, Alabama. Chief is completed not later than December ury and 1⁄2 from amounts appropriated from Sec. 402. Bono, Arkansas. 31, 2000: the Inland Waterways Trust Fund. Sec. 403. Cache Creek Basin, California. (1) FALSE PASS HARBOR, ALASKA.—The (15) GREENUP LOCK AND DAM, KENTUCKY.— Sec. 404. Estudillo Canal watershed, Cali- project for navigation, False Pass Harbor, The project for navigation, Greenup Lock fornia. Alaska, at a total cost of $15,000,000, with an and Dam, Ohio River, Kentucky, at a total Sec. 405. Laguna Creek watershed, Cali- estimated Federal cost of $10,000,000 and an cost of $183,000,000. The costs of construction fornia. estimated non-Federal cost of $5,000,000. of the project shall be paid 1⁄2 from amounts Sec. 406. Oceanside, California. (2) UNALASKA HARBOR, ALASKA.—The appropriated from the general fund of the Sec. 407. San Jacinto watershed, California. project for navigation, Unalaska Harbor, Treasury and 1⁄2 from amounts appropriated Sec. 408. Choctawhatchee River, Florida. Alaska, at a total cost of $20,000,000, with an from the Inland Waterways Trust Fund. Sec. 409. Egmont Key, Florida. estimated Federal cost of $12,000,000 and an (16) MORGANZA, LOUISIANA, TO GULF OF MEX- Sec. 410. Upper Ocklawaha River and estimated non-Federal cost of $8,000,000. ICO.—The project for hurricane protection, Apopka/Palatlakaha River ba- (3) RIO DE FLAG, ARIZONA.—The project for Morganza, Louisiana, to the Gulf of Mexico, sins, Florida. flood damage reduction, Rio de Flag, Ari- at a total cost of $550,000,000, with an esti- Sec. 411. Boise River, Idaho. zona, at a total cost of $26,400,000, with an es- mated Federal cost of $358,000,000 and an es- Sec. 412. Wood River, Idaho. timated Federal cost of $17,100,000 and an es- timated non-Federal cost of $192,000,000. Sec. 413. Chicago, Illinois. timated non-Federal cost of $9,300,000. (17) BARNEGAT INLET TO LITTLE EGG INLET, Sec. 414. Boeuf and Black, Louisiana. (4) TRES RIOS, ARIZONA.—The project for en- NEW JERSEY.—The project for shore protec- Sec. 415. Port of Iberia, Louisiana. vironmental restoration, Tres Rios, Arizona, tion, Barnegat Inlet to Little Egg Inlet, New Sec. 416. South Louisiana. at a total cost of $90,000,000, with an esti- Jersey, at a total cost of $51,203,000, with an Sec. 417. St. John the Baptist Parish, Lou- mated Federal cost of $58,000,000 and an esti- estimated Federal cost of $33,282,000 and an isiana. mated non-Federal cost of $32,000,000. estimated non-Federal cost of $17,921,000, and Sec. 418. Narraguagus River, Milbridge, (5) LOS ANGELES HARBOR, CALIFORNIA.—The at an estimated average annual cost of Maine. project for navigation, Los Angeles Harbor, $1,751,000 for periodic nourishment over the Sec. 419. Portsmouth Harbor and Piscataqua California, at a total cost of $168,900,000, with 50-year life of the project, with an estimated River, Maine and New Hamp- an estimated Federal cost of $44,000,000 and annual Federal cost of $1,138,000 and an esti- shire. an estimated non-Federal cost of $124,900,000. mated annual non-Federal cost of $613,000.

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(18) RARITAN BAY AND SANDY HOOK BAY, SEC. 104. REMOVAL OF SNAGS AND CLEARING (10) HOPE CANAL, LOUISIANA.—Project for CLIFFWOOD BEACH, NEW JERSEY.—The project AND STRAIGHTENING OF CHANNELS flood control, Hope Canal, Louisiana. for shore protection, Raritan Bay and Sandy IN NAVIGABLE WATERS. (11) JEAN LAFITTE, LOUISIANA.—Project for Hook Bay, Cliffwood Beach, New Jersey, at a The Secretary shall conduct a study for flood control, Jean Lafitte, Louisiana. total cost of $5,219,000, with an estimated each of the following projects and, if the Sec- (12) LOCKPORT TO LAROSE, LOUISIANA.— Federal cost of $3,392,000 and an estimated retary determines that a project is appro- Project for flood control, Lockport to non-Federal cost of $1,827,000, and at an esti- priate, may carry out the project under sec- Larose, Louisiana. mated average annual cost of $110,000 for tion 3 of the Act of March 2, 1945 (33 U.S.C. (13) LOWER LAFITTE BASIN, LOUISIANA.— periodic nourishment over the 50-year life of 604): Project for flood control, Lower Lafitte the project, with an estimated annual Fed- (1) BAYOU MANCHAC, LOUISIANA.—Project for Basin, Louisiana. eral cost of $55,000 and an estimated annual removal of snags and clearing and straight- (14) OAKVILLE TO LAREUSSITE, LOUISIANA.— non-Federal cost of $55,000. ening of channels for flood control, Bayou Project for flood control, Oakville to (19) RARITAN BAY AND SANDY HOOK BAY, Manchac, Ascension Parish, Louisiana. LaReussite, Louisiana. PORT MONMOUTH, NEW JERSEY.—The project (2) BLACK BAYOU AND HIPPOLYTE COULEE, (15) PAILET BASIN, LOUISIANA.—Project for for shore protection, Raritan Bay and Sandy LOUISIANA.—Project for removal of snags and flood control, Pailet Basin, Louisiana. Hook Bay, Port Monmouth, New Jersey, at a clearing and straightening of channels for (16) POCHITOLAWA CREEK, LOUISIANA.— total cost of $30,081,000, with an estimated flood control, Black Bayou and Hippolyte Project for flood control, Pochitolawa Creek, Federal cost of $19,553,000 and an estimated Coulee, Calcasieu Parish, Louisiana. Louisiana. non-Federal cost of $10,528,000, and at an esti- SEC. 105. SMALL BANK STABILIZATION (17) ROSETHORN BASIN, LOUISIANA.—Project mated average annual cost of $2,468,000 for PROJECTS. for flood control, Rosethorn Basin, Lou- periodic nourishment over the 50-year life of The Secretary shall conduct a study for isiana. the project, with an estimated annual Fed- each of the following projects and, if the Sec- (18) SHREVEPORT, LOUISIANA.—Project for eral cost of $1,234,000 and an estimated an- retary determines that a project is feasible, flood control, Twelve Mile Bayou, Shreve- nual non-Federal cost of $1,234,000. may carry out the project under section 14 of port, Louisiana. (20) MEMPHIS, TENNESSEE.—The project for the Flood Control Act of 1946 (33 U.S.C. 701r): (19) STEPHENSVILLE, LOUISIANA.—Project ecosystem restoration, Wolf River, Memphis, (1) BAYOU DES GLAISES, LOUISIANA.—Project for flood control, Stephensville, Louisiana. Tennessee, at a total cost of $10,933,000, with for emergency streambank protection, (20) ST. JOHN THE BAPTIST PARISH, LOU- an estimated Federal cost of $7,106,000 and an Bayou des Glaises (Lee Chatelain Road), ISIANA.—Project for flood control, St. John estimated non-Federal cost of $3,827,000. Avoyelles Parish, Louisiana. the Baptist Parish, Louisiana. (21) JACKSON HOLE, WYOMING.— (2) BAYOU PLAQUEMINE, LOUISIANA.—Project (21) MAGBY CREEK AND VERNON BRANCH, MIS- (A) IN GENERAL.—The project for environ- for emergency streambank protection, High- SISSIPPI.—Project for flood control, Magby mental restoration, Jackson Hole, Wyoming, way 77, Bayou Plaquemine, Iberville Parish, Creek and Vernon Branch, Lowndes County, at a total cost of $100,000,000, with an esti- Louisiana. Mississippi. mated Federal cost of $65,000,000 and an esti- (3) HAMMOND, LOUISIANA.—Project for (22) FRITZ LANDING, TENNESSEE.—Project mated non-Federal cost of $35,000,000. emergency streambank protection, Fagan for flood control, Fritz Landing, Tennessee. (B) NON-FEDERAL SHARE.— Drive Bridge, Hammond, Louisiana. SEC. 107. SMALL PROJECTS FOR IMPROVEMENT (i) IN GENERAL.—The non-Federal share of (4) IBERVILLE PARISH, LOUISIANA.—Project for emergency streambank protection, OF THE QUALITY OF THE ENVIRON- the costs of the project may be provided in MENT. cash or in the form of in-kind services or ma- Iberville Parish, Louisiana. terials. (5) LAKE ARTHUR, LOUISIANA.—Project for The Secretary shall conduct a study for (ii) CREDIT.—The non-Federal interest emergency streambank protection, Parish each of the following projects and, if the Sec- shall receive credit toward the non-Federal Road 120 at Lake Arthur, Louisiana. retary determines that a project is appro- share of project costs for design and con- (6) LAKE CHARLES, LOUISIANA.—Project for priate, may carry out the project under sec- struction work carried out by the non-Fed- emergency streambank protection, Pithon tion 1135(a) of the Water Resources Develop- eral interest before the date of execution of Coulee, Lake Charles, Calcasieu Parish, Lou- ment Act of 1986 (33 U.S.C. 2309a(a)): a project cooperation agreement for the isiana. (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF- project, if the Secretary finds that the work (7) LOGGY BAYOU, LOUISIANA.—Project for UGE, LOUISIANA.—Project for improvement of is integral to the project. emergency streambank protection, Loggy the quality of the environment, Bayou (22) OHIO RIVER.—The program for protec- Bayou, Bienville Parish, Louisiana. Sauvage National Wildlife Refuge, Orleans tion and restoration of fish and wildlife habi- (8) SCOTLANDVILLE BLUFF, LOUISIANA.— Parish, Louisiana. tat in and along the main stem of the Ohio Project for emergency streambank protec- (2) GULF INTRACOASTAL WATERWAY, BAYOU River, consisting of projects described in a tion, Scotlandville Bluff, East Baton Rouge PLAQUEMINE, LOUISIANA.—Project for im- comprehensive plan, at a total cost of Parish, Louisiana. provement of the quality of the environ- $200,000,000, with an estimated Federal cost SEC. 106. SMALL FLOOD CONTROL PROJECTS. ment, Gulf Intracoastal Waterway, Bayou of $160,000,000 and an estimated non-Federal The Secretary shall conduct a study for Plaquemine, Iberville Parish, Louisiana. cost of $40,000,000. each of the following projects and, if the Sec- (3) GULF INTRACOASTAL WATERWAY, MILES retary determines that a project is feasible, 220 TO 222.5, LOUISIANA.—Project for improve- SEC. 102. SMALL SHORE PROTECTION PROJECTS. may carry out the project under section 205 ment of the quality of the environment, Gulf The Secretary shall conduct a study for of the Flood Control Act of 1948 (33 U.S.C. Intracoastal Waterway, miles 220 to 222.5, each of the following projects, and if the Sec- 701s): Vermilion Parish, Louisiana. retary determines that a project is feasible, (1) WEISER RIVER, IDAHO.—Project for flood (4) GULF INTRACOASTAL WATERWAY, WEEKS may carry out the project under section 3 of damage reduction, Weiser River, Idaho. BAY, LOUISIANA.—Project for improvement of (2) BAYOU TETE L’OURS, LOUISIANA.—Project the quality of the environment, Gulf Intra- the Act of August 13, 1946 (33 U.S.C. 426g): for flood control, Bayou Tete L’Ours, Lou- coastal Waterway, Weeks Bay, Iberia Parish, (1) LAKE PALOURDE, LOUISIANA.—Project for isiana. Louisiana. beach restoration and protection, Highway (3) BOSSIER CITY, LOUISIANA.—Project for (5) LAKE FAUSSE POINT, LOUISIANA.—Project 70, Lake Palourde, St. Mary and St. Martin flood control, Red Chute Bayou levee, Bos- for improvement of the quality of the envi- Parishes, Louisiana. sier City, Louisiana. ronment, Lake Fausse Point, Louisiana. (2) ST. BERNARD, LOUISIANA.—Project for (4) BRAITHWAITE PARK, LOUISIANA.—Project (6) LAKE PROVIDENCE, LOUISIANA.—Project beach restoration and protection, Bayou for flood control, Braithwaite Park, Lou- for improvement of the quality of the envi- Road, St. Bernard, Louisiana. isiana. ronment, Old River, Lake Providence, Lou- SEC. 103. SMALL NAVIGATION PROJECTS. (5) CANE BEND SUBDIVISION, LOUISIANA.— isiana. Project for flood control, Cane Bend Subdivi- (7) NEW RIVER, LOUISIANA.—Project for im- The Secretary shall conduct a study for sion, Bossier Parish, Louisiana. provement of the quality of the environ- each of the following projects and, if the Sec- (6) CROWN POINT, LOUISIANA.—Project for ment, New River, Ascension Parish, Lou- retary determines that a project is feasible, flood control, Crown Point, Louisiana. isiana. may carry out the project under section 107 (7) DONALDSONVILLE CANALS, LOUISIANA.— (8) ERIE COUNTY, OHIO.—Project for im- of the River and Harbor Act of 1960 (33 U.S.C. Project for flood control, Donaldsonville Ca- provement of the quality of the environ- 577): nals, Louisiana. ment, Sheldon’s Marsh State Nature Pre- (1) HOUMA NAVIGATION CANAL, LOUISIANA.— (8) GOOSE BAYOU, LOUISIANA.—Project for serve, Erie County, Ohio. Project for navigation, Houma Navigation flood control, Goose Bayou, Louisiana. (9) MUSHINGUM COUNTY, OHIO.—Project for Canal, Terrebonne Parish, Louisiana. (9) GUMBY DAM, LOUISIANA.—Project for improvement of the quality of the environ- (2) VIDALIA PORT, LOUISIANA.—Project for flood control, Gumby Dam, Richland Parish, ment, Dillon Reservoir watershed, Licking navigation, Vidalia Port, Louisiana. Louisiana. River, Mushingum County, Ohio.

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SEC. 108. BENEFICIAL USES OF DREDGED MATE- (14) CENTRAL AMAZON CREEK, OREGON.— ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS.—In RIAL. Project for aquatic ecosystem restoration, carrying out an assessment under subsection The Secretary may carry out the following Central Amazon Creek, Oregon. (a), the Secretary may accept contributions, projects under section 204 of the Water Re- (15) DELTA PONDS, OREGON.—Project for in cash or in kind, from Federal, tribal, sources Development Act of 1992 (33 U.S.C. aquatic ecosystem restoration, Delta Ponds, State, interstate, and local governmental en- 2326): Oregon. tities to the extent that the Secretary deter- (1) HOUMA NAVIGATION CANAL, LOUISIANA.— (16) EUGENE MILLRACE, OREGON.—Project mines that the contributions will facilitate Project to make beneficial use of dredged for aquatic ecosystem restoration, Eugene completion of the assessment. material from a Federal navigation project Millrace, Oregon. ‘‘(f) COST-SHARING REQUIREMENTS.— that includes barrier island restoration at (17) ROSLYN LAKE, OREGON.—Project for ‘‘(1) NON-FEDERAL SHARE.—The non-Federal the Houma Navigation Canal, Terrebonne aquatic ecosystem restoration, Roslyn Lake, share of the costs of an assessment carried Parish, Louisiana. Oregon. out under this section shall be 50 percent. (2) MISSISSIPPI RIVER GULF OUTLET, MILE -3 SEC. 110. FLOOD MITIGATION AND RIVERINE ‘‘(2) CREDIT.— TO MILE -9, LOUISIANA.—Project to make ben- RESTORATION. ‘‘(A) IN GENERAL.—Subject to subparagraph eficial use of dredged material from a Fed- Section 212(e) of the Water Resources De- (B), the non-Federal interests may receive eral navigation project that includes dredg- velopment Act of 1999 (33 U.S.C. 2332(e)) is credit toward the non-Federal share required ing of the Mississippi River Gulf Outlet, mile amended— under paragraph (1) for the provision of serv- -3 to mile -9, St. Bernard Parish, Louisiana. (1) in paragraph (22), by striking ‘‘and’’ at ices, materials, supplies, or other in-kind (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11 the end; contributions. TO MILE 4, LOUISIANA.—Project to make bene- (2) in paragraph (23), by striking the period ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—Credit ficial use of dredged material from a Federal at the end and inserting ‘‘; and’’; and under subparagraph (A) shall not exceed an navigation project that includes dredging of (3) by adding at the end the following: amount equal to 25 percent of the costs of the Mississippi River Gulf Outlet, mile 11 to ‘‘(24) Perry Creek, Iowa.’’. the assessment. mile 4, St. Bernard Parish, Louisiana. SEC. 111. DISPOSAL OF DREDGED MATERIAL ON ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (4) PLAQUEMINES PARISH, LOUISIANA.— BEACHES. There is authorized to be appropriated to Project to make beneficial use of dredged Section 217 of the Water Resources Devel- carry out this section $15,000,000.’’. material from a Federal navigation project opment Act of 1999 (113 Stat. 294) is amended SEC. 203. TRIBAL PARTNERSHIP PROGRAM. that includes marsh creation at the con- by adding at the end the following: (a) DEFINITION OF INDIAN TRIBE.—In this tained submarine maintenance dredge sedi- ‘‘(f) FORT CANBY STATE PARK, BENSON section, the term ‘‘Indian tribe’’ has the ment trap, Plaquemines Parish, Louisiana. BEACH, WASHINGTON.—The Secretary may de- meaning given the term in section 4 of the (5) OTTAWA COUNTY, OHIO.—Project to pro- sign and construct a shore protection project Indian Self-Determination and Education tect, restore, and create aquatic and related at Fort Canby State Park, Benson Beach, Assistance Act (25 U.S.C. 450b). habitat using dredged material, East Harbor Washington, including beneficial use of (b) PROGRAM.— State Park, Ottawa County, Ohio. dredged material from Federal navigation (1) IN GENERAL.—In cooperation with In- projects as provided under section 145 of the dian tribes and the heads of other Federal SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORA- agencies, the Secretary may study and deter- TION PROJECTS. Water Resources Development Act of 1976 (33 U.S.C. 426j).’’. mine the feasibility of carrying out water re- The Secretary may carry out the following sources development projects that— TITLE II—GENERAL PROVISIONS projects under section 206 of the Water Re- (A) will substantially benefit Indian tribes; sources Development Act of 1996 (33 U.S.C. SEC. 201. COOPERATION AGREEMENTS WITH and 2330): COUNTIES. (B) are located primarily within Indian (1) BRAUD BAYOU, LOUISIANA.—Project for Section 221(a) of the Flood Control Act of country (as defined in section 1151 of title 18, aquatic ecosystem restoration, Braud Bayou, 1970 (42 U.S.C. 1962d–5b(a)) is amended in the United States Code) or in proximity to Alas- Spanish Lake, Ascension Parish, Louisiana. second sentence— ka Native villages. (2) BURAS MARINA, LOUISIANA.—Project for (1) by striking ‘‘State legislative’’; and (2) MATTERS TO BE STUDIED.—A study con- aquatic ecosystem restoration, Buras Ma- (2) by inserting before the period at the end ducted under paragraph (1) may address— rina, Buras, Plaquemines Parish, Louisiana. the following: ‘‘of the State or a body politic (A) projects for flood damage reduction, (3) COMITE RIVER, LOUISIANA.—Project for of the State’’. environmental restoration and protection, aquatic ecosystem restoration, Comite River SEC. 202. WATERSHED AND RIVER BASIN ASSESS- and preservation of cultural and natural re- at Hooper Road, Louisiana. MENTS. sources; and (4) DEPARTMENT OF ENERGY 21-INCH PIPELINE Section 729 of the Water Resources Devel- (B) such other projects as the Secretary, in CANAL, LOUISIANA.—Project for aquatic eco- opment Act of 1986 (100 Stat. 4164) is amended cooperation with Indian tribes and the heads system restoration, Department of Energy to read as follows: of other Federal agencies, determines to be 21-inch Pipeline Canal, St. Martin Parish, ‘‘SEC. 729. WATERSHED AND RIVER BASIN AS- appropriate. Louisiana. SESSMENTS. (c) CONSULTATION AND COORDINATION WITH (5) LAKE BORGNE, LOUISIANA.—Project for ‘‘(a) IN GENERAL.—The Secretary may as- SECRETARY OF THE INTERIOR.— aquatic ecosystem restoration, southern sess the water resources needs of river basins (1) IN GENERAL.—In recognition of the shores of Lake Borgne, Louisiana. and watersheds of the United States, includ- unique role of the Secretary of the Interior (6) LAKE MARTIN, LOUISIANA.—Project for ing needs relating to— concerning trust responsibilities with Indian aquatic ecosystem restoration, Lake Martin, ‘‘(1) ecosystem protection and restoration; tribes, and in recognition of mutual trust re- Louisiana. ‘‘(2) flood damage reduction; sponsibilities, the Secretary shall consult (7) LULING, LOUISIANA.—Project for aquatic ‘‘(3) navigation and ports; with the Secretary of the Interior con- ecosystem restoration, Luling Oxidation ‘‘(4) watershed protection; cerning studies conducted under subsection Pond, St. Charles Parish, Louisiana. ‘‘(5) water supply; and (b). (8) MANDEVILLE, LOUISIANA.—Project for ‘‘(6) drought preparedness. (2) INTEGRATION OF ACTIVITIES.—The Sec- aquatic ecosystem restoration, Mandeville, ‘‘(b) COOPERATION.—An assessment under retary shall— St. Tammany Parish, Louisiana. subsection (a) shall be carried out in co- (A) integrate civil works activities of the (9) ST. JAMES, LOUISIANA.—Project for operation and coordination with— Department of the Army with activities of aquatic ecosystem restoration, St. James, ‘‘(1) the Secretary of the Interior; the Department of the Interior to avoid con- Louisiana. ‘‘(2) the Secretary of Agriculture; flicts, duplications of effort, or unantici- (10) NORTH HAMPTON, NEW HAMPSHIRE.— ‘‘(3) the Secretary of Commerce; pated adverse effects on Indian tribes; and Project for aquatic ecosystem restoration, ‘‘(4) the Administrator of the Environ- (B) consider the authorities and programs Little River Salt Marsh, North Hampton, mental Protection Agency; and of the Department of the Interior and other New Hampshire. ‘‘(5) the heads of other appropriate agen- Federal agencies in any recommendations (11) HIGHLAND COUNTY, OHIO.—Project for cies. concerning carrying out projects studied aquatic ecosystem restoration, Rocky Fork ‘‘(c) CONSULTATION.—In carrying out an as- under subsection (b). Lake, Clear Creek floodplain, Highland sessment under subsection (a), the Secretary (d) PRIORITY PROJECTS.—In selecting water County, Ohio. shall consult with Federal, tribal, State, resources development projects for study (12) HOCKING COUNTY, OHIO.—Project for interstate, and local governmental entities. under this section, the Secretary shall give aquatic ecosystem restoration, Long Hollow ‘‘(d) PRIORITY RIVER BASINS AND WATER- priority to— Mine, Hocking County, Ohio. SHEDS.—In selecting river basins and water- (1) the project along the upper Snake River (13) TUSCARAWAS COUNTY, OHIO.—Project for sheds for assessment under this section, the within and adjacent to the Fort Hall Indian aquatic ecosystem restoration, Huff Run, Secretary shall give priority to the Delaware Reservation, Idaho, authorized by section Tuscarawas County, Ohio. River basin. 304; and

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Bay, Washington, authorized by section out a program to reduce vandalism and de- Section 9 of the Act of March 3, 1899 (33 435(b). struction of property at water resources de- U.S.C. 401), is amended— (e) COST SHARING.— velopment projects under the jurisdiction of (1) by inserting ‘‘(a) IN GENERAL.—’’ before (1) ABILITY TO PAY.— the Department of the Army. ‘‘It shall’’; (b) PROVISION OF REWARDS.—In carrying (A) IN GENERAL.—Any cost-sharing agree- (2) by striking ‘‘However, such structures’’ out the program, the Secretary may provide ment for a study under subsection (b) shall and inserting the following: rewards (including cash rewards) to individ- be subject to the ability of the non-Federal ‘‘(b) WATERWAYS WITHIN A SINGLE STATE.— uals who provide information or evidence interest to pay. Notwithstanding subsection (a), structures leading to the arrest and prosecution of indi- described in subsection (a)’’; (B) USE OF PROCEDURES.—The ability of a viduals causing damage to Federal property. non-Federal interest to pay shall be deter- (3) by striking ‘‘When plans’’ and inserting (c) AUTHORIZATION OF APPROPRIATIONS.— the following: mined by the Secretary in accordance with There is authorized to be appropriated to procedures established by the Secretary. ‘‘(c) MODIFICATION OF PLANS.—When carry out this section $500,000 for each fiscal plans’’; (2) CREDIT.— year. (4) by striking ‘‘The approval’’ and insert- (A) IN GENERAL.—Subject to subparagraph SEC. 206. NATIONAL RECREATION RESERVATION (B), in conducting studies of projects under ing the following: SERVICE. PPLICABILITY.— subsection (b), the Secretary may provide ‘‘(d) A Notwithstanding section 611 of the Treas- ‘‘(1) BRIDGES AND CAUSEWAYS.—The ap- credit to the non-Federal interest for the ury and General Government Appropriations proval’’; and provision of services, studies, supplies, or Act, 1999 (Public Law 105–277; 112 Stat. 2681– (5) in subsection (d) (as designated by para- other in-kind contributions to the extent 515), the Secretary may— graph (4)), by adding at the end the fol- that the Secretary determines that the serv- (1) participate in the National Recreation lowing: ices, studies, supplies, and other in-kind con- Reservation Service on an interagency basis; ‘‘(2) DAMS AND DIKES.— tributions will facilitate completion of the and ‘‘(A) IN GENERAL.—The approval required project. (2) pay the Department of the Army’s by this section of the location and plans, or (B) MAXIMUM AMOUNT OF CREDIT.—Credit share of the activities required to imple- under subparagraph (A) shall not exceed an any modification of plans, of any dam or ment, operate, and maintain the Service. dike, applies only to a dam or dike that, if amount equal to the non-Federal share of SEC. 207. OPERATION AND MAINTENANCE OF HY- the costs of the study. constructed, would completely span a water- DROELECTRIC FACILITIES. way used to transport interstate or foreign (f) AUTHORIZATION OF APPROPRIATIONS.— Section 314 of the Water Resources Devel- commerce, in such a manner that actual, ex- There is authorized to be appropriated to opment Act of 1990 (33 U.S.C. 2321) is amend- isting interstate or foreign commerce could carry out subsection (b) $5,000,000 for each of ed in the first sentence by inserting before be adversely affected. fiscal years 2002 through 2006, of which not the period at the end the following: ‘‘in cases ‘‘(B) OTHER DAMS AND DIKES.—Any dam or more than $1,000,000 may be used with re- in which the activities require specialized dike (other than a dam or dike described in spect to any 1 Indian tribe. training relating to hydroelectric power gen- subparagraph (A)) that is proposed to be eration’’. SEC. 204. ABILITY TO PAY. built in any other navigable water of the SEC. 208. INTERAGENCY AND INTERNATIONAL Section 103(m) of the Water Resources De- United States— SUPPORT. ‘‘(i) shall be subject to section 10; and velopment Act of 1986 (33 U.S.C. 2213(m)) is Section 234(d) of the Water Resources De- ‘‘(ii) shall not be subject to the approval amended— velopment Act of 1996 (33 U.S.C. 2323a(d)) is requirements of this section.’’. (1) by striking paragraphs (1) and (2) and amended— inserting the following: (1) in the first sentence, by striking SEC. 211. PROJECT DEAUTHORIZATION AUTHOR- ITY. ‘‘(1) IN GENERAL.—Any cost-sharing agree- ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and Section 1001 of the Water Resources Devel- ment under this section for a feasibility (2) in the second sentence, by inserting opment Act of 1986 (33 U.S.C. 579a) is amend- study, or for construction of an environ- ‘‘out’’ after ‘‘carry’’. ed to read as follows: mental protection and restoration project, a SEC. 209. REBURIAL AND CONVEYANCE AUTHOR- flood control project, or an agricultural ITY. ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS. water supply project, shall be subject to the (a) DEFINITION OF INDIAN TRIBE.—In this ‘‘(a) DEFINITIONS.—In this section: ability of the non-Federal interest to pay. section, the term ‘‘Indian tribe’’ has the ‘‘(1) CONSTRUCTION.—The term ‘construc- ‘‘(2) CRITERIA AND PROCEDURES.— meaning given the term in section 4 of the tion’, with respect to a project or separable ‘‘(A) IN GENERAL.—The ability of a non- Indian Self-Determination and Education element, means— Federal interest to pay shall be determined Assistance Act (25 U.S.C. 450b). ‘‘(A) in the case of— by the Secretary in accordance with— (b) REBURIAL.— ‘‘(i) a nonstructural flood control project, ‘‘(i) during the period ending on the date (1) REBURIAL AREAS.—In consultation with the acquisition of land, an easement, or a on which revised criteria and procedures are affected Indian tribes, the Secretary may right-of-way primarily to relocate a struc- promulgated under subparagraph (B), cri- identify and set aside areas at civil works ture; and teria and procedures in effect on the day be- projects of the Department of the Army that ‘‘(ii) in the case of any other nonstructural fore the date of enactment of this subpara- may be used to rebury Native American re- measure, the performance of physical work graph; and mains that— under a construction contract; ‘‘(ii) after the date on which revised cri- (A) have been discovered on project land; ‘‘(B) in the case of an environmental pro- teria and procedures are promulgated under and tection and restoration project— subparagraph (B), the revised criteria and (B) have been rightfully claimed by a lin- ‘‘(i) the acquisition of land, an easement, procedures promulgated under subparagraph eal descendant or Indian tribe in accordance or a right-of-way primarily to facilitate the (B). with applicable Federal law. restoration of wetland or a similar habitat; ‘‘(B) REVISED CRITERIA AND PROCEDURES.— (2) REBURIAL.—In consultation with and or Not later than 18 months after the date of with the consent of the lineal descendant or ‘‘(ii) the performance of physical work enactment of this subparagraph, in accord- the affected Indian tribe, the Secretary may under a construction contract to modify an ance with paragraph (3), the Secretary shall recover and rebury, at full Federal expense, existing project facility or to construct a promulgate revised criteria and procedures the remains at the areas identified and set new environmental protection and restora- governing the ability of a non-Federal inter- aside under subsection (b)(1). tion measure; and est to pay.’’; and (c) CONVEYANCE AUTHORITY.— ‘‘(C) in the case of any other water re- (2) in paragraph (3)— (1) IN GENERAL.—Subject to paragraph (2), sources project, the performance of physical (A) in subparagraph (A)(ii), by adding notwithstanding any other provision of law, work under a construction contract. ‘‘and’’ at the end; and the Secretary may convey to an Indian tribe ‘‘(2) PHYSICAL WORK UNDER A CONSTRUCTION (B) by striking subparagraphs (B) and (C) for use as a cemetery an area at a civil CONTRACT.—The term ‘physical work under a and inserting the following: works project that is identified and set aside construction contract’ does not include any ‘‘(B) may consider additional criteria re- by the Secretary under subsection (b)(1). activity related to project planning, engi- lating to— (2) RETENTION OF NECESSARY PROPERTY IN- neering and design, relocation, or the acqui- ‘‘(i) the financial ability of the non-Federal TERESTS.—In carrying out paragraph (1), the sition of land, an easement, or a right-of- interest to carry out its cost-sharing respon- Secretary shall retain any necessary right- way. sibilities; or of-way, easement, or other property interest ‘‘(b) PROJECTS NEVER UNDER CONSTRUC- ‘‘(ii) additional assistance that may be that the Secretary determines to be nec- TION.— available from other Federal or State essary to carry out the authorized purposes ‘‘(1) LIST OF PROJECTS.—The Secretary sources.’’. of the project. shall annually submit to Congress a list of

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projects and separable elements of projects (b) APPLICABILITY.—The amendments made ronmentally acceptable, and economically that— by subsection (a) shall apply to any project justified. ‘‘(A) are authorized for construction; and or separable element of a project with re- SEC. 304. FORT HALL INDIAN RESERVATION, ‘‘(B) for which no Federal funds were obli- spect to which the Secretary and the non- IDAHO. gated for construction during the 4 full fiscal Federal interest have not entered a project (a) IN GENERAL.—The Secretary shall carry years preceding the date of submission of the cooperation agreement on or before the date out planning, engineering, and design of an list. of enactment of this Act. adaptive ecosystem restoration, flood dam- ‘‘(2) DEAUTHORIZATION.—Any water re- (c) TECHNICAL AMENDMENTS.—Section age reduction, and erosion protection project sources project, or separable element of a 402(b) of the Water Resources Development along the upper Snake River within and ad- water resources project, authorized for con- Act of 1986 (33 U.S.C. 701b–12(b)) is amended— jacent to the Fort Hall Indian Reservation, struction shall be deauthorized effective at (1) in the subsection heading, by striking Idaho. the end of the 7-year period beginning on the ‘‘FLOOD PLAIN’’ and inserting ‘‘FLOODPLAIN’’; (b) PROJECT JUSTIFICATION.—Notwith- date of the most recent authorization or re- and standing any other provision of law or re- authorization of the project or separable ele- (2) in the first sentence, by striking ‘‘flood quirement for economic justification, the ment unless Federal funds have been obli- plain’’ and inserting ‘‘floodplain’’. Secretary may construct and adaptively gated for construction of the project or sepa- SEC. 213. ENVIRONMENTAL DREDGING. manage for 10 years, at full Federal expense, rable element by the end of that period. Section 312 of the Water Resources Devel- a project under this section if the Secretary ‘‘(c) PROJECTS FOR WHICH CONSTRUCTION opment Act of 1990 (33 U.S.C. 1272) is amend- determines that the project— HAS BEEN SUSPENDED.— ed by adding at the end the following: (1) is a cost-effective means of providing ‘‘(1) LIST OF PROJECTS.—The Secretary ‘‘(g) NONPROFIT ENTITIES.—Notwith- ecosystem restoration, flood damage reduc- shall annually submit to Congress a list of standing section 221 of the Flood Control Act tion, and erosion protection; projects and separable elements of projects— of 1970 (42 U.S.C. 1962d–5b), for any project (2) is environmentally acceptable and tech- ‘‘(A) that are authorized for construction; carried out under this section, a non-Federal nically feasible; and ‘‘(B) for which Federal funds have been ob- sponsor may include a nonprofit entity, with (3) will improve the economic and social ligated for construction of the project or sep- the consent of the affected local govern- conditions of the Shoshone-Bannok Indian arable element; and ment.’’. Tribe. ‘‘(C) for which no Federal funds have been (c) LAND, EASEMENTS, AND RIGHTS-OF- obligated for construction of the project or TITLE III—PROJECT-RELATED WAY.—As a condition of the project de- separable element during the 2 full fiscal PROVISIONS scribed in subsection (a), the Shoshone-Ban- years preceding the date of submission of the SEC. 301. BOYDSVILLE, ARKANSAS. nock Indian Tribe shall provide land, ease- list. The Secretary shall credit toward the non- ments, and rights-of-way necessary for im- ‘‘(2) DEAUTHORIZATION.—Any water re- Federal share of the costs of the study to de- plementation of the project. sources project, or separable element of a termine the feasibility of the reservoir and SEC. 305. UPPER DES PLAINES RIVER AND TRIBU- water resources project, for which Federal associated improvements in the vicinity of TARIES, ILLINOIS. funds have been obligated for construction Boydsville, Arkansas, authorized by section The Secretary shall credit toward the non- shall be deauthorized effective at the end of 402 of the Water Resources Development Act Federal share of the costs of the study to de- any 5-fiscal year period during which Federal of 1999 (113 Stat. 322), not more than $250,000 termine the feasibility of improvements to funds specifically identified for construction of the costs of the relevant planning and en- the upper Des Plaines River and tributaries, of the project or separable element (in an gineering investigations carried out by State phase 2, Illinois and Wisconsin, authorized Act of Congress or in the accompanying leg- and local agencies, if the Secretary finds by section 419 of the Water Resources Devel- islative report language) have not been obli- that the investigations are integral to the opment Act of 1999 (113 Stat. 324), the costs gated for construction. scope of the feasibility study. of work carried out by the non-Federal inter- ‘‘(d) CONGRESSIONAL NOTIFICATIONS.—Upon SEC. 302. WHITE RIVER BASIN, ARKANSAS AND ests in Lake County, Illinois, before the date submission of the lists under subsections MISSOURI. of execution of the feasibility study cost- (b)(1) and (c)(1), the Secretary shall notify Section 374 of the Water Resources Devel- sharing agreement, if— each Senator in whose State, and each Mem- opment Act of 1999 (113 Stat. 321) is amend- (1) the Secretary and the non-Federal in- ber of the House of Representatives in whose ed— terests enter into a feasibility study cost- district, the affected project or separable ele- (1) in subsection (a), by striking ‘‘the fol- sharing agreement; and ment is or would be located. lowing’’ and all that follows and inserting (2) the Secretary finds that the work is in- ‘‘(e) FINAL DEAUTHORIZATION LIST.—The ‘‘the amounts of project storage that are rec- tegral to the scope of the feasibility study. Secretary shall publish annually in the Fed- eral Register a list of all projects and sepa- ommended by the report required under sub- SEC. 306. MORGANZA, LOUISIANA. rable elements deauthorized under sub- section (b).’’; and The Secretary shall credit toward the non- section (b)(2) or (c)(2). (2) in subsection (b)— Federal share of the project costs of the Mis- ‘‘(f) EFFECTIVE DATE.—Subsections (b)(2) (A) in paragraph (1), by inserting before sissippi River and tributaries, Morganza, and (c)(2) take effect 3 years after the date of the period at the end the following: ‘‘and Louisiana, to the Gulf of Mexico, project, au- enactment of this subsection.’’. does not significantly impact other author- thorized under section 101(b)(16), the costs of SEC. 212. FLOODPLAIN MANAGEMENT REQUIRE- ized project purposes’’; any work carried out by the non-Federal in- MENTS. (B) in paragraph (2), by striking ‘‘2000’’ and terests for interim flood protection after (a) IN GENERAL.—Section 402(c) of the inserting ‘‘2002’’; and March 31, 1989, if the Secretary finds that the Water Resources Development Act of 1986 (33 (C) in paragraph (3)— work is compatible with, and integral to, the U.S.C. 701b–12(c)) is amended— (i) by inserting ‘‘and to what extent’’ after project. (1) in the first sentence of paragraph (1), by ‘‘whether’’; SEC. 307. RED RIVER WATERWAY, LOUISIANA. striking ‘‘Within 6 months after the date of (ii) in subparagraph (A), by striking ‘‘and’’ The project for mitigation of fish and wild- the enactment of this subsection, the’’ and at the end; life losses, Red River Waterway, Louisiana, inserting ‘‘The’’; (iii) in subparagraph (B), by striking the authorized by section 601(a) of the Water Re- (2) by redesignating paragraph (2) as para- period at the end and inserting ‘‘; and’’; and sources Development Act of 1986 (100 Stat. graph (3); (iv) by adding at the end the following: 4142) and modified by section 4(h) of the (3) by striking ‘‘Such guidelines shall ad- ‘‘(C) project storage should be reallocated Water Resources Development Act of 1988 dress’’ and inserting the following: to sustain the tail water trout fisheries.’’. (102 Stat. 4016), section 102(p) of the Water ‘‘(2) REQUIRED ELEMENTS.—The guidelines SEC. 303. GASPARILLA AND ESTERO ISLANDS, Resources Development Act of 1990 (104 Stat. developed under paragraph (1) shall— FLORIDA. 4613), and section 301(b)(7) of the Water Re- ‘‘(A) address’’; and The project for shore protection, sources Development Act of 1996 (110 Stat. (4) in paragraph (2) (as designated by para- Gasparilla and Estero Island segments, Lee 3710), is further modified to authorize the graph (3))— County, Florida, authorized under section purchase of mitigation land from willing (A) by inserting ‘‘that non-Federal inter- 201 of the Flood Control Act of 1965 (79 Stat. sellers in any of the parishes that comprise ests shall adopt and enforce’’ after ‘‘poli- 1073), by Senate Resolution dated December the Red River Waterway District, consisting cies’’; 17, 1970, and by House Resolution dated De- of Avoyelles, Bossier, Caddo, Grant, (B) by striking the period at the end and cember 15, 1970, is modified to authorize the Natchitoches, Rapides, and Red River Par- inserting ‘‘; and’’; and Secretary to enter into an agreement with ishes. (C) by adding at the end the following: the non-Federal interest to carry out the SEC. 308. WILLIAM JENNINGS RANDOLPH LAKE, ‘‘(B) require non-Federal interests to take project in accordance with section 206 of the MARYLAND. measures to preserve the level of flood pro- Water Resources Development Act of 1992 (33 The Secretary— tection provided by a project to which sub- U.S.C. 426i–1), if the Secretary determines (1) may provide design and construction as- section (a) applies.’’. that the project is technically sound, envi- sistance for recreational facilities in the

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State of Maryland at the William Jennings (2) REMOVAL OF IMPROVEMENTS.— fish hatchery at Fort Peck Lake, Montana; Randolph Lake (Bloomington Dam), Mary- (A) IN GENERAL.—S.S.S., Inc. may remove, and land and West Virginia, project authorized and the Secretary may require S.S.S., Inc. to (2) to ensure stable operation and mainte- by section 203 of the Flood Control Act of remove, any improvements on the parcel of nance of the fish hatchery. 1962 (76 Stat. 1182); and land described in subsection (b)(1). (c) DEFINITIONS.—In this section: (2) shall require the non-Federal interest (B) NO LIABILITY.—If S.S.S., Inc., volun- (1) FORT PECK LAKE.—The term ‘‘Fort Peck to provide 50 percent of the costs of design- tarily or under direction from the Secretary, Lake’’ means the reservoir created by the ing and constructing the recreational facili- removes an improvement on the parcel of damming of the upper Missouri River in ties. land described in subsection (b)(1)— northeastern Montana. SEC. 309. NEW MADRID COUNTY, MISSOURI. (i) S.S.S., Inc. shall have no claim against (2) HATCHERY PROJECT.—The term ‘‘hatch- (a) IN GENERAL.—The project for naviga- the United States for liability; and ery project’’ means the project authorized by tion, New Madrid County Harbor, New Ma- (ii) the United States shall not incur or be subsection (d). drid County, Missouri, authorized under sec- liable for any cost associated with the re- (d) AUTHORIZATION.—The Secretary shall tion 107 of the River and Harbor Act of 1960 moval or relocation of the improvement. carry out a project at Fort Peck Lake, Mon- tana, for the design and construction of a (33 U.S.C. 577), is authorized as described in (3) TIME LIMIT FOR LAND EXCHANGE.—Not fish hatchery and such associated facilities the feasibility report for the project, includ- later than 2 years after the date of enact- as are necessary to sustain a multispecies ing both phase 1 and phase 2 of the project. ment of this Act, the land exchange under fishery. (b) CREDIT.— subsection (a) shall be completed. (e) COST SHARING.— (1) IN GENERAL.—The Secretary shall pro- (4) LEGAL DESCRIPTION.—The Secretary (1) DESIGN AND CONSTRUCTION.— vide credit to the non-Federal interests for shall provide legal descriptions of the parcels (A) FEDERAL SHARE.—The Federal share of the costs incurred by the non-Federal inter- of land described in subsection (b), which the costs of design and construction of the ests in carrying out construction work for shall be used in the instruments of convey- hatchery project shall be 75 percent. phase 1 of the project, if the Secretary finds ance of the parcels. (B) FORM OF NON-FEDERAL SHARE.— that the construction work is integral to (5) ADMINISTRATIVE COSTS.—The Secretary (i) IN GENERAL.—The non-Federal share of phase 2 of the project. shall require S.S.S., Inc. to pay reasonable the costs of the hatchery project may be pro- (2) MAXIMUM AMOUNT OF CREDIT.—The administrative costs associated with the vided in the form of cash or in the form of amount of the credit under paragraph (1) land exchange under subsection (a). land, easements, rights-of-way, services, shall not exceed the required non-Federal (d) VALUE OF PROPERTIES.—If the appraised roads, or any other form of in-kind contribu- share for the project. fair market value, as determined by the Sec- tion determined by the Secretary to be ap- retary, of the parcel of land conveyed to SEC. 310. PEMISCOT COUNTY HARBOR, MISSOURI. propriate. S.S.S., Inc. by the Secretary under sub- (a) CREDIT.—With respect to the project for (ii) REQUIRED CREDITING.—The Secretary section (a) exceeds the appraised fair market navigation, Pemiscot County Harbor, Mis- shall credit toward the non-Federal share of value, as determined by the Secretary, of the souri, authorized under section 107 of the the costs of the hatchery project— parcel of land conveyed to the United States River and Harbor Act of 1960 (33 U.S.C. 577), (I) the costs to the State of Montana of by S.S.S., Inc. under that subsection, S.S.S., the Secretary shall provide credit to the stocking Fort Peck Lake during the period Inc. shall pay to the United States, in cash Pemiscot County Port Authority, or an beginning January 1, 1947; and or a cash equivalent, an amount equal to the agent of the authority, for the costs incurred (II) the costs to the State of Montana and difference between the 2 values. by the Authority or agent in carrying out the counties having jurisdiction over land construction work for the project after De- SEC. 312. FORT PECK FISH HATCHERY, MONTANA. surrounding Fort Peck Lake of construction cember 31, 1997, if the Secretary finds that (a) FINDINGS.—Congress finds that— of local access roads to the lake. (1) Fort Peck Lake, Montana, is in need of the construction work is integral to the (2) OPERATION, MAINTENANCE, REPAIR, AND a multispecies fish hatchery; project. REPLACEMENT.— (b) MAXIMUM AMOUNT OF CREDIT.—The (2) the burden of carrying out efforts to (A) IN GENERAL.—Except as provided in amount of the credit under subsection (a) raise and stock fish species in Fort Peck subparagraphs (B) and (C), the operation, shall not exceed the required non-Federal Lake has been disproportionately borne by maintenance, repair, and replacement of the share for the project, estimated as of the the State of Montana despite the existence hatchery project shall be a non-Federal re- date of enactment of this Act to be $222,000. of a Federal project at Fort Peck Lake; sponsibility. (3)(A) as of the date of enactment of this SEC. 311. PIKE COUNTY, MISSOURI. (B) COSTS ASSOCIATED WITH THREATENED Act, eastern Montana has only 1 warm water (a) IN GENERAL.—Subject to subsections (c) AND ENDANGERED SPECIES.—The costs of oper- and (d), at such time as S.S.S., Inc. conveys fish hatchery, which is inadequate to meet ation and maintenance associated with rais- all right, title, and interest in and to the the demands of the region; and ing threatened or endangered species shall be parcel of land described in subsection (b)(1) (B) a disease or infrastructure failure at a Federal responsibility. that hatchery could imperil fish populations to the United States, the Secretary shall (C) POWER.—The Secretary shall offer to convey all right, title, and interest of the throughout the region; the hatchery project low-cost project power United States in and to the parcel of land de- (4) although the multipurpose project at for all hatchery operations. scribed in subsection (b)(2) to S.S.S., Inc. Fort Peck, Montana, authorized by the first (f) AUTHORIZATION OF APPROPRIATIONS.— (b) LAND DESCRIPTION.—The parcels of land section of the Act of August 30, 1935 (49 Stat. (1) IN GENERAL.—There are authorized to be referred to in subsection (a) are the fol- 1034, chapter 831), was intended to include ir- appropriated to carry out this section— lowing: rigation projects and other activities de- (A) $20,000,000; and (1) NON-FEDERAL LAND.—8.99 acres with ex- signed to promote economic growth, many of (B) such sums as are necessary to carry out isting flowage easements, located in Pike those projects were never completed, to the subsection (e)(2)(B). County, Missouri, adjacent to land being ac- detriment of the local communities flooded (2) AVAILABILITY OF FUNDS.—Sums made quired from Holnam, Inc. by the Corps of En- by the Fort Peck Dam; available under paragraph (1) shall remain gineers. (5) the process of developing an environ- available until expended. (2) FEDERAL LAND.—8.99 acres located in mental impact statement for the update of SEC. 313. MINES FALLS PARK, NEW HAMPSHIRE. Pike County, Missouri, known as ‘‘Govern- the Corps of Engineers Master Manual for (a) IN GENERAL.—The Secretary may carry ment Tract Numbers FM–46 and FM–47’’, ad- the operation of the Missouri River recog- out dredging of Mines Falls Park, New ministered by the Corps of Engineers. nized the need for greater support of recre- Hampshire. (c) CONDITIONS.—The land exchange under ation activities and other authorized pur- (b) AUTHORIZATION OF APPROPRIATIONS.— subsection (a) shall be subject to the fol- poses of the Fort Peck project; There is authorized to be appropriated to lowing conditions: (6)(A) although fish stocking is included carry out this section $1,000,000. (1) DEEDS.— among the authorized purposes of the Fort SEC. 314. SAGAMORE CREEK, NEW HAMPSHIRE. (A) NON-FEDERAL LAND.—The conveyance Peck project, the State of Montana has fund- The Secretary shall carry out maintenance of the parcel of land described in subsection ed the stocking of Fort Peck Lake since 1947; dredging of the Sagamore Creek Channel, (b)(1) to the Secretary shall be by a warranty and New Hampshire. deed acceptable to the Secretary. (B) the obligation to fund the stocking SEC. 315. PASSAIC RIVER BASIN FLOOD MANAGE- (B) FEDERAL LAND.—The instrument of constitutes an undue burden on the State; MENT, NEW JERSEY. conveyance used to convey the parcel of land and (a) IN GENERAL.—The project for flood con- described in subsection (b)(2) to S.S.S., Inc. (7) a viable multispecies fishery would spur trol, Passaic River, New Jersey and New shall contain such reservations, terms, and economic development in the region. York, authorized by section 101(a)(18) of the conditions as the Secretary considers nec- (b) PURPOSES.—The purposes of this section Water Resources Development Act of 1990 essary to allow the United States to operate are— (104 Stat. 4607), is modified to emphasize non- and maintain the Mississippi River 9-Foot (1) to authorize and provide funding for the structural approaches for flood control as al- Navigation Project. design and construction of a multispecies ternatives to the construction of the Passaic

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12466 CONGRESSIONAL RECORD—SENATE June 27, 2000 River tunnel element, while maintaining the (vii) 1 representative of each of— SEC. 317. JOHN DAY POOL, OREGON AND WASH- integrity of other separable mainstream (I) the Association of New Jersey Environ- INGTON. project elements, wetland banks, and other mental Commissions; (a) EXTINGUISHMENT OF REVERSIONARY IN- independent projects that were authorized to (II) the Passaic River Coalition; and TERESTS AND USE RESTRICTIONS.—With re- be carried out in the Passaic River Basin be- (III) the Sierra Club. spect to the land described in each deed spec- fore the date of enactment of this Act. (C) APPOINTMENT BY GOVERNOR OF NEW ified in subsection (b)— (b) REEVALUATION OF FLOODWAY STUDY.— YORK.—The Governor of New York shall ap- (1) the reversionary interests and the use The Secretary shall review the Passaic River point 1 representative of the State of New restrictions relating to port or industrial Floodway Buyout Study, dated October 1995, York to the task force. purposes are extinguished; to calculate the benefits of a buyout and en- (3) MEETINGS.— (2) the human habitation or other building vironmental restoration using the method (A) REGULAR MEETINGS.—The task force structure use restriction is extinguished in used to calculate the benefits of structural shall hold regular meetings. each area where the elevation is above the projects under section 308(b) of the Water Re- (B) OPEN MEETINGS.—The meetings of the standard project flood elevation; and sources Development Act of 1990 (33 U.S.C. task force shall be open to the public. (3) the use of fill material to raise low 2318(b)). (4) ANNUAL REPORT.—The task force shall areas above the standard project flood ele- (c) REEVALUATION OF 10-YEAR FLOODPLAIN submit annually to the Secretary and to the vation is authorized, except in any low area STUDY.—The Secretary shall review the Pas- non-Federal interest a report describing the constituting wetland for which a permit saic River Buyout Study of the 10-year flood- achievements of the Passaic River flood under section 404 of the Federal Water Pollu- plain beyond the floodway of the Central management project in preventing flooding tion Control Act (33 U.S.C. 1344) would be re- Passaic River Basin, dated September 1995, and any impediments to completion of the quired. to calculate the benefits of a buyout and en- project. vironmental restoration using the method (5) EXPENDITURE OF FUNDS.—The Secretary (b) AFFECTED DEEDS.—Subsection (a) ap- used to calculate the benefits of structural may use funds made available to carry out plies to deeds with the following county projects under section 308(b) of the Water Re- the Passaic River Basin flood management auditors’ file numbers: sources Development Act of 1990 (33 U.S.C. project to pay the administrative expenses of (1) Auditor’s File Numbers 101244 and 2318(b)). the task force. 1234170 of Morrow County, Oregon, executed (d) PRESERVATION OF NATURAL STORAGE (6) TERMINATION.—The task force shall ter- by the United States. AREAS.— minate on the date on which the Passaic (2) The portion of the land conveyed in a (1) IN GENERAL.—The Secretary shall re- River flood management project is com- deed executed by the United States and bear- evaluate the acquisition, from willing sell- pleted. ing Benton County, Washington, Auditor’s ers, for flood protection purposes, of wet- (g) ACQUISITION OF LANDS IN THE File Number 601766, described as a tract of lands in the Central Passaic River Basin to FLOODWAY.—Section 1148 of the Water Re- land lying in sec. 7, T. 5 N., R. 28 E., Willam- supplement the wetland acquisition author- sources Development Act of 1986 (100 Stat. ette meridian, Benton County, Washington, ized by section 101(a)(18)(C)(vi) of the Water 4254; 110 Stat. 3718), is amended by adding at being more particularly described by the fol- Resources Development Act of 1990 (104 Stat. the end the following: lowing boundaries: ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE 4609). (A) Commencing at the point of intersec- ACRES PROGRAM.—The Secretary shall carry (2) PURCHASE.—If the Secretary determines tion of the centerlines of Plymouth Street out this section in a manner that is con- that the acquisition of wetlands evaluated and Third Avenue in the First Addition to sistent with the Blue Acres Program of the under paragraph (1) is cost-effective, the Sec- the Town of Plymouth (according to the duly State of New Jersey.’’. retary shall purchase the wetlands, with the recorded plat thereof). (h) STUDY OF HIGHLANDS LAND CONSERVA- (B) Thence west along the centerline of goal of purchasing not more than 8,200 acres. TION.—The Secretary, in cooperation with (e) STREAMBANK EROSION CONTROL STUDY.— Third Avenue, a distance of 565 feet. the Secretary of Agriculture and the State of (C) Thence south 54° 10’ west, to a point on The Secretary shall review relevant reports New Jersey, may study the feasibility of con- and conduct a study to determine the feasi- the west line of Tract 18 of that Addition and serving land in the Highlands region of New the true point of beginning. bility of carrying out a project for environ- Jersey and New York to provide additional (D) Thence north, parallel with the west mental restoration, erosion control, and flood protection for residents of the Passaic line of that sec. 7, to a point on the north streambank restoration along the Passaic River Basin in accordance with section 212 of line of that sec. 7. River, from Dundee Dam to Kearny Point, the Water Resources Development Act of (E) Thence west along the north line there- New Jersey. 1999 (33 U.S.C. 2332). (f) PASSAIC RIVER FLOOD MANAGEMENT (i) RESTRICTION ON USE OF FUNDS.—The of to the northwest corner of that sec. 7. TASK FORCE.— Secretary shall not obligate any funds to (F) Thence south along the west line of (1) ESTABLISHMENT.—The Secretary, in co- carry out design or construction of the tun- that sec. 7 to a point on the ordinary high operation with the non-Federal interest, nel element of the Passaic River flood con- water line of the Columbia River. shall establish a task force, to be known as trol project, as authorized by section (G) Thence northeast along that high the ‘‘Passaic River Flood Management Task 101(a)(18)(A) of the Water Resources Develop- water line to a point on the north and south Force’’, to provide advice to the Secretary ment Act of 1990 (104 Stat. 4607). coordinate line of the Oregon Coordinate concerning all aspects of the Passaic River (j) CONFORMING AMENDMENT.—Section System, North Zone, that coordinate line flood management project. 101(a)(18) of the Water Resources Develop- being east 2,291,000 feet. (2) MEMBERSHIP.—The task force shall be ment Act of 1990 (104 Stat. 4607) is amended (H) Thence north along that line to a point composed of 20 members, appointed as fol- in the paragraph heading by striking ‘‘MAIN on the south line of First Avenue of that Ad- lows: STEM,’’ and inserting ‘‘FLOOD MANAGEMENT dition. (A) APPOINTMENT BY SECRETARY.—The Sec- PROJECT,’’. (I) Thence west along First Avenue to a retary shall appoint 1 member to represent SEC. 316. ROCKAWAY INLET TO NORTON POINT, point on the southerly extension of the west the Corps of Engineers and to provide tech- NEW YORK. line of T. 18. nical advice to the task force. (a) IN GENERAL.—The project for shoreline (J) Thence north along that west line of T. protection, Atlantic Coast of New York City (B) APPOINTMENTS BY GOVERNOR OF NEW 18 to the point of beginning. from Rockaway Inlet to Norton Point (Coney JERSEY.—The Governor of New Jersey shall Island Area), New York, authorized by sec- SEC. 318. FOX POINT HURRICANE BARRIER, appoint 18 members to the task force, as fol- tion 501(a) of the Water Resources Develop- PROVIDENCE, RHODE ISLAND. lows: ment Act of 1986 (100 Stat. 4135) is modified (i) 2 representatives of the New Jersey leg- Section 352 of the Water Resources Devel- to authorize the Secretary to construct T- opment Act of 1999 (113 Stat. 310) is amend- islature who are members of different polit- groins to improve sand retention down drift ical parties. ed— of the West 37th Street groin, in the Sea (1) by inserting ‘‘(a) IN GENERAL.—’’ before (ii) 1 representative of the State of New Gate area of Coney Island, New York, as Jersey. ‘‘The’’; and identified in the March 1998 report prepared (2) by adding at the end the following: (iii) 1 representative of each of Bergen, for the Corps of Engineers, entitled ‘‘Field Essex, Morris, and Passaic Counties, New Data Gathering Project Performance Anal- ‘‘(b) CREDIT TOWARD NON-FEDERAL Jersey. ysis and Design Alternative Solutions to Im- SHARE.—The non-Federal interest shall re- (iv) 6 representatives of governments of prove Sandfill Retention’’, at a total cost of ceive credit toward the non-Federal share of municipalities affected by flooding within $9,000,000, with an estimated Federal cost of project costs, or reimbursement, for the Fed- the Passaic River Basin. $5,850,000 and an estimated non-Federal cost eral share of the costs of repairs authorized (v) 1 representative of the Palisades Inter- of $3,150,000. under subsection (a) that are incurred by the state Park Commission. (b) COST SHARING.—The non-Federal share non-Federal interest before the date of exe- (vi) 1 representative of the North Jersey of the costs of constructing the T-groins cution of the project cooperation agree- District Water Supply Commission. under subsection (a) shall be 35 percent. ment.’’.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12467 SEC. 319. JOE POOL LAKE, TRINITY RIVER BASIN, (i) preserve and enhance the economic and easement, right-of-way, relocation, or TEXAS. social character of the communities in the dredged material disposal area provided for (a) IN GENERAL.—The Secretary shall enter Lake Champlain watershed; and carrying out the critical restoration project. into an agreement with the city of Grand (ii) protect and enhance water quality; or (C) FORM.—The non-Federal interest may Prairie, Texas, under which the city agrees (E) any other activity determined by the provide up to 50 percent of the non-Federal to assume all responsibilities of the Trinity Secretary to be appropriate. share in the form of services, materials, sup- River Authority of the State of Texas under (c) PUBLIC OWNERSHIP REQUIREMENT.—The plies, or other in-kind contributions. Contract No. DACW63–76–C–0166, other than Secretary may provide assistance for a crit- (f) APPLICABILITY OF OTHER FEDERAL AND financial responsibilities, except the respon- ical restoration project under this section STATE LAWS.—Nothing in this section sibility described in subsection (d). only if— waives, limits, or otherwise affects the appli- ESPONSIBILITIES OF TRINITY RIVER AU- (b) R (1) the critical restoration project is pub- cability of Federal or State law with respect THORITY.—The Trinity River Authority shall licly owned; or to a critical restoration project carried out be relieved of all financial responsibilities (2) the non-Federal interest with respect to with assistance provided under this section. under the contract described in subsection the critical restoration project demonstrates (g) AUTHORIZATION OF APPROPRIATIONS.— (a) as of the date on which the Secretary en- that the critical restoration project will pro- There is authorized to be appropriated to ters into the agreement with the city under vide a substantial public benefit in the form carry out this section $20,000,000, to remain that subsection. of water quality improvement. available until expended. (c) PAYMENTS BY CITY.—In consideration of the agreement entered into under subsection (d) PROJECT SELECTION.— SEC. 321. MOUNT ST. HELENS, WASHINGTON. (a), the city shall pay the Federal Govern- (1) IN GENERAL.—In consultation with the The project for sediment control, Mount ment $4,290,000 in 2 installments— heads of other appropriate Federal, State, St. Helens, Washington, authorized by the (1) 1 installment in the amount of tribal, and local agencies, the Secretary matter under the heading ‘‘TRANSFER OF FED- $2,150,000, which shall be due and payable not may— ERAL TOWNSITES’’ in chapter IV of title I of later than December 1, 2000; and (A) identify critical restoration projects in the Supplemental Appropriations Act, 1985 (2) 1 installment in the amount of the Lake Champlain watershed; and (99 Stat. 318), is modified to authorize the $2,140,000, which shall be due and payable not (B) carry out the critical restoration Secretary to maintain, for Longview, Kelso, later than December 1, 2003. projects after entering into an agreement Lexington, and Castle Rock on the Cowlitz (d) OPERATION AND MAINTENANCE COSTS.— with an appropriate non-Federal interest in River, Washington, the flood protection lev- The agreement entered into under subsection accordance with section 221 of the Flood els specified in the October 1985 report enti- (a) shall include a provision requiring the Control Act of 1970 (42 U.S.C. 1962d–5b) and tled ‘‘Mount St. Helens, Washington, Deci- city to assume responsibility for all costs as- this section. sion Document (Toutle, Cowlitz, and Colum- sociated with operation and maintenance of (2) CERTIFICATION.— bia Rivers)’’, published as House Document the recreation facilities included in the con- (A) IN GENERAL.—A critical restoration No. 135, 99th Congress, signed by the Chief of tract described in that subsection. project shall be eligible for financial assist- Engineers, and endorsed and submitted to SEC. 320. LAKE CHAMPLAIN WATERSHED, ance under this section only if the State di- Congress by the Acting Assistant Secretary VERMONT AND NEW YORK. rector for the critical restoration project of the Army. (a) DEFINITIONS.—In this section: certifies to the Secretary that the critical SEC. 322. PUGET SOUND AND ADJACENT WATERS (1) CRITICAL RESTORATION PROJECT.—The restoration project will contribute to the RESTORATION, WASHINGTON. term ‘‘critical restoration project’’ means a protection and enhancement of the quality (a) DEFINITION OF CRITICAL RESTORATION project that will produce, consistent with or quantity of the water resources of the PROJECT.—In this section, the term ‘‘critical Federal programs, projects, and activities, Lake Champlain watershed. restoration project’’ means a project that immediate and substantial ecosystem res- (B) SPECIAL CONSIDERATION.—In certifying will produce, consistent with Federal pro- toration, preservation, and protection bene- critical restoration projects to the Sec- grams, projects, and activities, immediate fits. retary, State directors shall give special con- and substantial ecosystem restoration, pres- (2) LAKE CHAMPLAIN WATERSHED.—The term sideration to projects that implement plans, ervation, and protection benefits. ‘‘Lake Champlain watershed’’ means— agreements, and measures that preserve and (b) CRITICAL RESTORATION PROJECTS.—The (A) the land areas within Addison, enhance the economic and social character Secretary may participate in critical res- Bennington, Caledonia, Chittenden, Frank- of the communities in the Lake Champlain toration projects in the area of Puget Sound, lin, Grand Isle, Lamoille, Orange, Orleans, watershed. Washington, and adjacent waters, includ- Rutland, and Washington Counties in the (e) COST SHARING.— ing— State of Vermont; and (1) IN GENERAL.—Before providing assist- (1) the watersheds that drain directly into (B)(i) the land areas that drain into Lake ance under this section with respect to a Puget Sound; Champlain and that are located within critical restoration project, the Secretary (2) Admiralty Inlet; Essex, Clinton, Franklin, Warren, and Wash- shall enter into a project cooperation agree- (3) Hood Canal; ington Counties in the State of New York; ment that shall require the non-Federal in- (4) Rosario Strait; and and terest— (5) the eastern portion of the Strait of (ii) the near-shore areas of Lake Cham- (A) to pay 35 percent of the total costs of Juan de Fuca. plain within the counties referred to in the critical restoration project; (c) PROJECT SELECTION.—In consultation clause (i). (B) to acquire any land, easements, rights- with the Secretary of the Interior, the Sec- (b) CRITICAL RESTORATION PROJECTS.— of-way, relocations, and dredged material retary of Commerce, and the heads of other (1) IN GENERAL.—The Secretary may par- disposal areas necessary to carry out the appropriate Federal, tribal, State, and local ticipate in critical restoration projects in critical restoration project; agencies, the Secretary may— the Lake Champlain watershed. (C) to pay 100 percent of the operation, (1) identify critical restoration projects in (2) TYPES OF PROJECTS.—A critical restora- maintenance, repair, replacement, and reha- the area described in subsection (b); and tion project shall be eligible for assistance bilitation costs associated with the critical (2) carry out the critical restoration under this section if the critical restoration restoration project; and projects after entering into an agreement project consists of— (D) to hold the United States harmless with an appropriate non-Federal interest in (A) implementation of an intergovern- from any claim or damage that may arise accordance with section 221 of the Flood mental agreement for coordinating regu- from carrying out the critical restoration Control Act of 1970 (42 U.S.C. 1962d–5b) and latory and management responsibilities with project, except any claim or damage that this section. respect to the Lake Champlain watershed; may arise from the negligence of the Federal (d) PRIORITIZATION OF PROJECTS.—In (B) acceleration of whole farm planning to Government or a contractor of the Federal prioritizing projects for implementation implement best management practices to Government. under this section, the Secretary shall con- maintain or enhance water quality and to (2) NON-FEDERAL SHARE.— sult with, and give full consideration to the promote agricultural land use in the Lake (A) CREDIT FOR DESIGN WORK.—The non- priorities of, public and private entities that Champlain watershed; Federal interest shall receive credit for the are active in watershed planning and eco- (C) acceleration of whole community plan- reasonable costs of design work carried out system restoration in Puget Sound water- ning to promote intergovernmental coopera- by the non-Federal interest before the date sheds, including— tion in the regulation and management of of execution of a project cooperation agree- (1) the Salmon Recovery Funding Board; activities consistent with the goal of main- ment for the critical restoration project, if (2) the Northwest Straits Commission; taining or enhancing water quality in the the Secretary finds that the design work is (3) the Hood Canal Coordinating Council; Lake Champlain watershed; integral to the critical restoration project. (4) county watershed planning councils; (D) natural resource stewardship activities (B) CREDIT FOR LAND, EASEMENTS, AND and on public or private land to promote land RIGHTS-OF-WAY.—The non-Federal interest (5) salmon enhancement groups. uses that— shall receive credit for the value of any land, (e) COST SHARING.—

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(1) IN GENERAL.—Before carrying out any of, and the connecting channels between, the into a cooperative agreement with the Great critical restoration project under this sec- Great Lakes, the Secretary shall conduct Lakes Commission or any other agency es- tion, the Secretary shall enter into a binding such dredging as is necessary to ensure mini- tablished to facilitate active State participa- agreement with the non-Federal interest mal operation depths consistent with the tion in management of the Great Lakes. that shall require the non-Federal interest— original authorized depths of the channels (e) RELATIONSHIP TO OTHER GREAT LAKES (A) to pay 35 percent of the total costs of and harbors when water levels in the Great ACTIVITIES.—No activity under this section the critical restoration project; Lakes are, or are forecast to be, below the shall affect the date of completion of any (B) to acquire any land, easements, rights- International Great Lakes Datum of 1985. other activity relating to the Great Lakes that is authorized under other law. of-way, relocations, and dredged material SEC. 326. GREAT LAKES FISHERY AND ECO- OST HARING disposal areas necessary to carry out the SYSTEM RESTORATION. (f) C S .— (1) DEVELOPMENT OF PLAN.—The Federal critical restoration project; (a) FINDINGS.—Congress finds that— share of the cost of development of the plan (C) to pay 100 percent of the operation, (1) the Great Lakes comprise a nationally under subsection (c)(1) shall be 65 percent. maintenance, repair, replacement, and reha- and internationally significant fishery and (2) PROJECT PLANNING, DESIGN, CONSTRUC- bilitation costs associated with the critical ecosystem; TION, AND EVALUATION.—The Federal share of restoration project; and (2) the Great Lakes fishery and ecosystem the cost of planning, design, construction, (D) to hold the United States harmless should be developed and enhanced in a co- and evaluation of a project under paragraph from any claim or damage that may arise ordinated manner; and (2) or (3) of subsection (c) shall be 65 percent. from carrying out the critical restoration (3) the Great Lakes fishery and ecosystem (3) NON-FEDERAL SHARE.— project, except any claim or damage that provides a diversity of opportunities, experi- (A) CREDIT FOR LAND, EASEMENTS, AND may arise from the negligence of the Federal ences, and beneficial uses. RIGHTS-OF-WAY.—The non-Federal interest Government or a contractor of the Federal (b) DEFINITIONS.—In this section: Government. shall receive credit for the value of any land, (1) GREAT LAKE.— easement, right-of-way, relocation, or (2) CREDIT.— (A) IN GENERAL.—The term ‘‘Great Lake’’ (A) IN GENERAL.—The non-Federal interest dredged material disposal area provided for means Lake Superior, Lake Michigan, Lake carrying out a project under subsection shall receive credit for the value of any land, Huron (including Lake St. Clair), Lake Erie, easement, right-of-way, relocation, or (c)(2). and Lake Ontario (including the St. Law- (B) FORM.—The non-Federal interest may dredged material disposal area provided for rence River to the 45th parallel of latitude). carrying out the critical restoration project. provide up to 50 percent of the non-Federal (B) INCLUSIONS.—The term ‘‘Great Lake’’ share required under paragraphs (1) and (2) in (B) FORM.—The non-Federal interest may includes any connecting channel, histori- provide up to 50 percent of the non-Federal the form of services, materials, supplies, or cally connected tributary, and basin of a other in-kind contributions. share in the form of services, materials, sup- lake specified in subparagraph (A). plies, or other in-kind contributions. (4) OPERATION AND MAINTENANCE.—The op- (2) GREAT LAKES COMMISSION.—The term (f) AUTHORIZATION OF APPROPRIATIONS.— eration, maintenance, repair, rehabilitation, ‘‘Great Lakes Commission’’ means The Great There is authorized to be appropriated to and replacement of projects carried out Lakes Commission established by the Great carry out this section $20,000,000, of which under this section shall be a non-Federal re- not more than $5,000,000 may be used to carry Lakes Basin Compact (82 Stat. 414). sponsibility. out any 1 critical restoration project. (3) GREAT LAKES FISHERY COMMISSION.—The (5) NON-FEDERAL INTERESTS.—Notwith- term ‘‘Great Lakes Fishery Commission’’ SEC. 323. FOX RIVER SYSTEM, WISCONSIN. standing section 221 of the Flood Control Act has the meaning given the term ‘‘Commis- Section 332(a) of the Water Resources De- of 1970 (42 U.S.C. 1962d–5b), for any project velopment Act of 1992 (106 Stat. 4852) is sion’’ in section 2 of the Great Lakes Fishery carried out under this section, a non-Federal amended— Act of 1956 (16 U.S.C. 931). interest may include a private interest and a (1) by striking ‘‘The Secretary’’ and insert- (4) GREAT LAKES STATE.—The term ‘‘Great nonprofit entity. ing the following: Lakes State’’ means each of the States of Il- (g) AUTHORIZATION OF APPROPRIATIONS.— linois, Indiana, Michigan, Minnesota, Ohio, ‘‘(1) IN GENERAL.—The Secretary’’; and (1) DEVELOPMENT OF PLAN.—There is au- (2) by adding at the end the following: Pennsylvania, New York, and Wisconsin. thorized to be appropriated for development (5) SECRETARY.—The term ‘‘Secretary’’ ‘‘(2) PAYMENTS TO STATE.—The terms and of the plan under subsection (c)(1) $300,000. conditions may include 1 or more payments means the Secretary of the Army. (2) OTHER ACTIVITIES.—There is authorized to the State of Wisconsin to assist the State (c) GREAT LAKES FISHERY AND ECOSYSTEM to be appropriated to carry out paragraphs in paying the costs of repair and rehabilita- RESTORATION.— (2) and (3) of subsection (c) $8,000,000 for each tion of the transferred locks and appur- (1) SUPPORT PLAN.— of fiscal years 2002 through 2006. tenant features.’’. (A) IN GENERAL.—Not later than 1 year SEC. 327. GREAT LAKES REMEDIAL ACTION after the date of enactment of this Act, the SEC. 324. CHESAPEAKE BAY OYSTER RESTORA- PLANS AND SEDIMENT REMEDI- TION. Secretary shall develop a plan for activities ATION. Section 704(b) of the Water Resources De- of the Corps of Engineers that support the Section 401 of the Water Resources Devel- velopment Act of 1986 (33 U.S.C. 2263(b)) is management of Great Lakes fisheries. opment Act of 1990 (33 U.S.C. 1268 note; 104 amended— (B) USE OF EXISTING DOCUMENTS.—To the Stat. 4644; 110 Stat. 3763; 113 Stat. 338) is (1) in the second sentence, by striking maximum extent practicable, the plan shall amended— ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; and make use of and incorporate documents that (1) in subsection (a)(2)(A), by striking ‘‘50 (2) by striking paragraph (4) and inserting relate to the Great Lakes and are in exist- percent’’ and inserting ‘‘35 percent’’; the following: ence on the date of enactment of this Act, (2) in subsection (b)— ‘‘(4) the construction of reefs and related such as lakewide management plans and re- (A) by striking paragraph (3); clean shell substrate for fish habitat, includ- medial action plans. (B) in the first sentence of paragraph (4), ing manmade 3-dimensional oyster reefs, in (C) COOPERATION.—The Secretary shall de- by striking ‘‘50 percent’’ and inserting ‘‘35 the Chesapeake Bay and its tributaries in velop the plan in cooperation with— percent’’; and Maryland and Virginia— (i) the signatories to the Joint Strategic (C) by redesignating paragraph (4) as para- ‘‘(A) which reefs shall be preserved as per- Plan for Management of the Great Lakes graph (3); and manent sanctuaries by the non-Federal in- Fisheries; and (3) in subsection (c), by striking ‘‘$5,000,000 terests, consistent with the recommenda- (ii) other affected interests. for each of fiscal years 1998 through 2000.’’ tions of the scientific consensus document (2) PROJECTS.—The Secretary shall plan, and inserting ‘‘$10,000,000 for each of fiscal on Chesapeake Bay oyster restoration dated design, and construct projects to support the years 2001 through 2010.’’. June 1999; and restoration of the fishery, ecosystem, and SEC. 328. GREAT LAKES TRIBUTARY MODEL. ‘‘(B) for assistance in the construction of beneficial uses of the Great Lakes. Section 516 of the Water Resources Devel- which reefs the Chief of Engineers shall so- (3) EVALUATION PROGRAM.— opment Act of 1996 (33 U.S.C. 2326b) is amend- licit participation by and the services of (A) IN GENERAL.—The Secretary shall de- ed— commercial watermen.’’. velop a program to evaluate the success of (1) in subsection (e), by adding at the end SEC. 325. GREAT LAKES DREDGING LEVELS AD- the projects carried out under paragraph (2) the following: JUSTMENT. in meeting fishery and ecosystem restora- ‘‘(3) COST SHARING.—The non-Federal share (a) DEFINITION OF GREAT LAKE.—In this tion goals. of the costs of developing a tributary sedi- section, the term ‘‘Great Lake’’ means Lake (B) STUDIES.—Evaluations under subpara- ment transport model under this subsection Superior, Lake Michigan, Lake Huron (in- graph (A) shall be conducted in consultation shall be 50 percent.’’; and cluding Lake St. Clair), Lake Erie, and Lake with the Great Lakes Fishery Commission (2) in subsection (g)— Ontario (including the St. Lawrence River to and appropriate Federal, State, and local (A) by striking ‘‘There is authorized’’ and the 45th parallel of latitude). agencies. inserting the following: (b) DREDGING LEVELS.—In operating and (d) COOPERATIVE AGREEMENTS.—In carrying ‘‘(1) IN GENERAL.—There is authorized’’; maintaining Federal channels and harbors out this section, the Secretary may enter and

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(B) by adding at the end the following: (4) CRITERIA; FRAMEWORK.— vided in the form of services, materials, or ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In (A) IN GENERAL.—Not later than 1 year other in-kind contributions. addition to amounts made available under after the date of enactment of this Act, the (3) CRITICAL RESTORATION PROJECTS.— paragraph (1), there is authorized to be ap- Secretary shall develop and make available (A) IN GENERAL.—The non-Federal share of propriated to carry out subsection (e) for public review and comment— the cost of carrying out a critical restora- $5,000,000 for each of fiscal years 2001 through (i) criteria for identifying and prioritizing tion project under subsection (d) shall be 35 2008.’’. critical problems and needs; and percent. SEC. 329. TREATMENT OF DREDGED MATERIAL (ii) a framework for development of water- (B) IN-KIND CONTRIBUTIONS.—Up to 50 per- FROM LONG ISLAND SOUND. shed or regional restoration plans. cent of the non-Federal share may be pro- (a) IN GENERAL.—Not later than December (B) USE OF RESOURCES.—In developing the vided in the form of services, materials, or 31, 2002, the Secretary shall carry out a dem- criteria and framework, the Secretary shall other in-kind contributions. onstration project for the use of innovative make full use of all available Federal, State, (C) REQUIRED NON-FEDERAL CONTRIBUTION.— sediment treatment technologies for the tribal, regional, and local resources. For any critical restoration project, the non- treatment of dredged material from Long Is- (5) REPORT.—Not later than October l, 2002, Federal interest shall— land Sound. the Secretary shall submit to Congress a re- (i) provide all land, easements, rights-of- (b) PROJECT CONSIDERATIONS.—In carrying port on the assessment. way, dredged material disposal areas, and re- out subsection (a), the Secretary shall, to (c) RESTORATION PLANS.— locations; the maximum extent practicable— (1) IN GENERAL.—After the report is sub- (ii) pay all operation, maintenance, re- (1) encourage partnerships between the mitted under subsection (b)(5), the Sec- placement, repair, and rehabilitation costs; public and private sectors; retary, in coordination with appropriate and (2) build on treatment technologies that Federal, State, tribal, regional, and local (iii) hold the United States harmless from have been used successfully in demonstra- agencies, shall— all claims arising from the construction, op- tion or full-scale projects (such as projects (A) develop a comprehensive plan for re- eration, and maintenance of the project. carried out in the State of New York, New storing, preserving, and protecting the water (D) CREDIT.—The non-Federal interest Jersey, or Illinois), such as technologies de- resources and ecosystem in each watershed shall receive credit for the value of the land, scribed in— and region in New England; and easements, rights-of-way, dredged material (A) section 405 of the Water Resources De- disposal areas, and relocations provided velopment Act of 1992 (33 U.S.C. 2239 note; 106 (B) submit the plan to Congress. (2) CONTENTS.—Each restoration plan shall under subparagraph (C). Stat. 4863); or UTHORIZATION OF APPROPRIATIONS.— include— (f) A (B) section 503 of the Water Resources De- (1) ASSESSMENT AND RESTORATION PLANS.— (A) a feasibility report; and velopment Act of 1999 (33 U.S.C. 2314 note; 113 There is authorized to be appropriated to (B) a programmatic environmental impact Stat. 337); carry out subsections (b) and (c) $2,000,000 for statement covering the proposed Federal ac- (3) ensure that dredged material from Long each of fiscal years 2001 through 2005. tion. Island Sound that is treated under the dem- (2) CRITICAL RESTORATION PROJECTS.—There (d) CRITICAL RESTORATION PROJECTS.— onstration project is rendered acceptable for is authorized to be appropriated to carry out (1) IN GENERAL.—After the restoration unrestricted open water disposal or bene- subsection (d) $30,000,000. ficial reuse; and plans are submitted under subsection (c)(1)(B), the Secretary, in coordination with SEC. 331. PROJECT DEAUTHORIZATIONS. (4) ensure that the demonstration project The following projects or portions of appropriate Federal, State, tribal, regional, is consistent with the findings and require- projects are not authorized after the date of and local agencies, shall identify critical res- ments of any draft environmental impact enactment of this Act: toration projects that will produce inde- statement on the designation of 1 or more (1) KENNEBUNK RIVER, KENNEBUNK AND pendent, immediate, and substantial restora- dredged material disposal sites in Long Is- KENNEBUNKPORT, MAINE.—The following por- land Sound that is scheduled for completion tion, preservation, and protection benefits. tion of the project for navigation, in 2001. (2) AGREEMENTS.—The Secretary may Kennebunk River, Maine, authorized by sec- (c) AUTHORIZATION OF APPROPRIATIONS.— carry out a critical restoration project after tion 101 of the River and Harbor Act of 1962 There is authorized to be appropriated to entering into an agreement with an appro- (76 Stat. 1173), is not authorized after the carry out this section $20,000,000. priate non-Federal interest in accordance date of enactment of this Act: the portion of SEC. 330. NEW ENGLAND WATER RESOURCES AND with section 221 of the Flood Control Act of the northernmost 6-foot deep anchorage the ECOSYSTEM RESTORATION. 1970 (42 U.S.C. 1962d–5b) and this section. boundaries of which begin at a point with co- (a) DEFINITIONS.—In this section: (3) PROJECT JUSTIFICATION.—Notwith- ordinates N1904693.6500, E418084.2700, thence (1) CRITICAL RESTORATION PROJECT.—The standing section 209 of the Flood Control Act running south 01 degree 04 minutes 50.3 sec- term ‘‘critical restoration project’’ means a of 1970 (42 U.S.C. 1962–2) or any other provi- onds 35 feet to a point with coordinates project that will produce, consistent with sion of law, in carrying out a critical res- N190434.6562, E418084.9301, thence running Federal programs, projects, and activities, toration project under this subsection, the south 15 degrees 53 minutes 45.5 seconds immediate and substantial ecosystem res- Secretary may determine that the project— 416.962 feet to a point with coordinates toration, preservation, and protection bene- (A) is justified by the environmental bene- N190033.6386, E418199.1325, thence running fits. fits derived from the ecosystem; and north 03 degrees 11 minutes 30.4 seconds 70 (2) NEW ENGLAND.—The term ‘‘New Eng- (B) shall not need further economic jus- feet to a point with coordinates N190103.5300, land’’ means all watersheds, estuaries, and tification if the Secretary determines that E418203.0300, thence running north 17 degrees related coastal areas in the States of Con- the project is cost effective. 58 minutes 18.3 seconds west 384.900 feet to necticut, Maine, Massachusetts, New Hamp- (4) TIME LIMITATION.—No critical restora- the point of origin. shire, Rhode Island, and Vermont. tion project may be initiated under this sub- (2) WALLABOUT CHANNEL, BROOKLYN, NEW (b) ASSESSMENT.— section after September 30, 2005. YORK.— (1) IN GENERAL.—The Secretary, in coordi- (5) COST LIMITATION.—Not more than (A) IN GENERAL.—The northeastern portion nation with appropriate Federal, State, trib- $5,000,000 in Federal funds may be used to of the project for navigation, Wallabout al, regional, and local agencies, shall per- carry out a critical restoration project under Channel, Brooklyn, New York, authorized by form an assessment of the condition of water this subsection. the Act of March 3, 1899 (30 Stat. 1124, chap- resources and related ecosystems in New (e) COST SHARING.— ter 425), beginning at a point N682,307.40, England to identify problems and needs for (1) ASSESSMENT.— E638,918.10, thence running along the courses restoring, preserving, and protecting water (A) IN GENERAL.—The non-Federal share of and distances described in subparagraph (B). resources, ecosystems, wildlife, and fisheries. the cost of the assessment under subsection (B) COURSES AND DISTANCES.—The courses (2) MATTERS TO BE ADDRESSED.—The assess- (b) shall be 25 percent. and distances referred to in subparagraph (A) ment shall include— (B) IN-KIND CONTRIBUTIONS.—The non-Fed- are the following: (A) development of criteria for identifying eral share may be provided in the form of (i) South 85 degrees, 44 minutes, 13 seconds and prioritizing the most critical problems services, materials, or other in-kind con- East 87.94 feet (coordinate: N682,300.86, and needs; and tributions. E639,005.80). (B) a framework for development of water- (2) RESTORATION PLANS.— (ii) North 74 degrees, 41 minutes, 30 seconds shed or regional restoration plans. (A) IN GENERAL.—The non-Federal share of East 271.54 feet (coordinate: N682,372.55, (3) USE OF EXISTING INFORMATION.—In per- the cost of developing the restoration plans E639,267.71). forming the assessment, the Secretary shall, under subsection (c) shall be determined in (iii) South 4 degrees, 46 minutes, 02 seconds to the maximum extent practicable, use— accordance with section 105 of the Water Re- West 170.95 feet (coordinate: N682,202.20, (A) information that is available on the sources Development Act of 1986 (33 U.S.C. E639,253.50). date of enactment of this Act; and 2215). (iv) South 4 degrees, 46 minutes, 02 seconds (B) ongoing efforts of all participating (B) IN-KIND CONTRIBUTIONS.—Up to 50 per- West 239.97 feet (coordinate: N681,963.06, agencies. cent of the non-Federal share may be pro- E639,233.56).

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12470 CONGRESSIONAL RECORD—SENATE June 27, 2000 (v) North 50 degrees, 48 minutes, 26 seconds est in dredging the mouth of the flood control measures on the east bank of West 305.48 feet (coordinate: N682,156.10, Choctawhatchee River, Florida, to remove the Mississippi River in St. John the Baptist E638,996.80). the sand plug. Parish, Louisiana. (vi) North 3 degrees, 33 minutes, 25 seconds SEC. 409. EGMONT KEY, FLORIDA. SEC. 418. NARRAGUAGUS RIVER, MILBRIDGE, East 145.04 feet (coordinate: N682.300.86, The Secretary may conduct a study to de- MAINE. E639,005.80). termine the feasibility of stabilizing the his- (a) STUDY OF REDESIGNATION AS ANCHOR- TITLE IV—STUDIES toric fortifications and beach areas of AGE.—The Secretary may conduct a study to SEC. 401. BALDWIN COUNTY, ALABAMA. Egmont Key, Florida, that are threatened by determine the feasibility of redesignating as The Secretary may conduct a study to de- erosion. anchorage a portion of the 11-foot channel of termine the feasibility of carrying out beach SEC. 410. UPPER OCKLAWAHA RIVER AND the project for navigation, Narraguagus erosion control, storm damage reduction, APOPKA/PALATLAKAHA RIVER BA- River, Milbridge, Maine, authorized by sec- and other measures along the shores of Bald- SINS, FLORIDA. tion 101 of the River and Harbor Act of 1962 (a) IN GENERAL.—The Secretary may con- win County, Alabama. (76 Stat. 1173). duct a restudy of flooding and water quality SEC. 402. BONO, ARKANSAS. (b) STUDY OF REAUTHORIZATION.—The Sec- issues in— retary may conduct a study to determine the The Secretary may conduct a study to de- (1) the upper Ocklawaha River basin, south termine the feasibility of, and need for, a feasibility of reauthorizing for the purpose of of the Silver River; and reservoir and associated improvements to maintenance as anchorage a portion of the (2) the Apopka River and Palatlakaha provide for flood control, recreation, water project for navigation, Narraguagus River, River basins. quality, and fish and wildlife in the vicinity Milbridge, Maine, authorized by section 2 of (b) REQUIRED ELEMENTS.—In carrying out the Act of June 14, 1880 (21 Stat. 195, chapter of Bono, Arkansas. subsection (a), the Secretary shall review the 211), lying adjacent to and outside the limits SEC. 403. CACHE CREEK BASIN, CALIFORNIA. report of the Chief of Engineers on the Four of the 11-foot channel and the 9-foot channel. (a) IN GENERAL.—The Secretary may con- River Basins, Florida, project, published as duct a study to determine the feasibility of House Document No. 585, 87th Congress, and SEC. 419. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND modifying the project for flood control, other pertinent reports to determine the fea- Cache Creek Basin, California, authorized by NEW HAMPSHIRE. sibility of measures relating to comprehen- The Secretary may conduct a study to de- section 401(a) of the Water Resources Devel- sive watershed planning for water conserva- termine the feasibility of modifying the opment Act of 1986 (100 Stat. 4112), to author- tion, flood control, environmental restora- project for navigation, Portsmouth Harbor ize construction of features to mitigate im- tion and protection, and other issues relat- and Piscataqua River, Maine and New Hamp- pacts of the project on the storm drainage ing to water resources in the river basins de- system of the city of Woodland, California, shire, authorized by section 101 of the River scribed in subsection (a). that have been caused by construction of a and Harbor Act of 1962 (76 Stat. 1173) and new south levee of the Cache Creek Settling SEC. 411. BOISE RIVER, IDAHO. modified by section 202(a) of the Water Re- The Secretary may conduct a study to de- Basin. sources Development Act of 1986 (100 Stat. termine the feasibility of carrying out (b) REQUIRED ELEMENTS.—The study shall 4095), to increase the authorized width of multi-objective flood control activities along include consideration of— turning basins in the Piscataqua River to the Boise River, Idaho. (1) an outlet works through the Yolo By- 1000 feet. pass capable of receiving up to 1,600 cubic SEC. 412. WOOD RIVER, IDAHO. The Secretary may conduct a reconnais- SEC. 420. MERRIMACK RIVER BASIN, MASSACHU- feet per second of storm drainage from the SETTS AND NEW HAMPSHIRE. sance study to determine the Federal inter- city of Woodland and Yolo County; (a) IN GENERAL.—The Secretary may con- est in carrying out multi-objective flood con- (2) a low-flow cross-channel across the duct a comprehensive study of the water re- trol and flood mitigation planning projects Yolo Bypass, including all appurtenant fea- sources needs of the Merrimack River basin, along the Wood River in Blaine County, tures, that is sufficient to route storm flows Massachusetts and New Hampshire, in the Idaho. of 1,600 cubic feet per second between the old manner described in section 729 of the Water SEC. 413. CHICAGO, ILLINOIS. and new south levees of the Cache Creek Set- Resources Development Act of 1986 (100 Stat. (a) IN GENERAL.—The Secretary may con- tling Basin, across the Yolo Bypass, and into 4164). duct a study to determine the feasibility of the Tule Canal; and (b) CONSIDERATION OF OTHER STUDIES.—In carrying out projects for water-related urban (3) such other features as the Secretary de- carrying out this section, the Secretary may improvements, including infrastructure de- termines to be appropriate. take into consideration any studies con- velopment and improvements, in Chicago, Il- SEC. 404. ESTUDILLO CANAL WATERSHED, CALI- ducted by the University of New Hampshire linois. FORNIA. on environmental restoration of the (b) SITES.—Under subsection (a), the Sec- The Secretary may conduct a study to de- Merrimack River System. termine the feasibility of constructing flood retary may study— control measures in the Estudillo Canal wa- (1) the USX/Southworks site; SEC. 421. PORT OF GULFPORT, MISSISSIPPI. tershed, San Leandro, Calfornia. (2) Calumet Lake and River; The Secretary may conduct a study to de- termine the feasibility of modifying the SEC. 405. LAGUNA CREEK WATERSHED, CALI- (3) the Canal Origins Heritage Corridor; FORNIA. and project for navigation, Gulfport Harbor, Mis- The Secretary may conduct a study to de- (4) Ping Tom Park. sissippi, authorized by section 202(a) of the termine the feasibility of constructing flood (c) USE OF INFORMATION; CONSULTATION.—In Water Resources Development Act of 1986 control measures in the Laguna Creek water- carrying out this section, the Secretary shall (100 Stat. 4094) and modified by section 4(n) shed, Fremont, California, to provide a 100- use available information from, and consult of the Water Resources Development Act of year level of flood protection. with, appropriate Federal, State, and local 1988 (102 Stat. 4017)— SEC. 406. OCEANSIDE, CALIFORNIA. agencies. (1) to widen the channel from 300 feet to 450 Not later than 32 months after the date of SEC. 414. BOEUF AND BLACK, LOUISIANA. feet; and enactment of this Act, the Secretary may The Secretary may conduct a study to de- (2) to deepen the South Harbor channel conduct a special study, at full Federal ex- termine the feasibility of deepening the from 36 feet to 42 feet and the North Harbor pense, of plans— navigation channel of the Atchafalaya River channel from 32 feet to 36 feet. (1) to mitigate for the erosion and other and Bayous Chene, Boeuf and Black, Lou- SEC. 422. UPLAND DISPOSAL SITES IN NEW impacts resulting from the construction of isiana, from 20 feet to 35 feet. HAMPSHIRE. Camp Pendleton Harbor, Oceanside, Cali- SEC. 415. PORT OF IBERIA, LOUISIANA. In conjunction with the State of New fornia, as a wartime measure; and The Secretary may conduct a study to de- Hampshire, the Secretary may conduct a (2) to restore beach conditions along the termine the feasibility of constructing navi- study to identify and evaluate potential up- affected public and private shores to the con- gation improvements for ingress and egress land disposal sites for dredged material orig- ditions that existed before the construction between the Port of Iberia, Louisiana, and inating from harbor areas located within the of Camp Pendleton Harbor. the Gulf of Mexico, including channel wid- State. SEC. 407. SAN JACINTO WATERSHED, CALI- ening and deepening. SEC. 423. MISSOURI RIVER BASIN, NORTH DA- FORNIA. SEC. 416. SOUTH LOUISIANA. KOTA, SOUTH DAKOTA, AND NE- (a) IN GENERAL.—The Secretary may con- The Secretary may conduct a study to de- BRASKA. duct a watershed study for the San Jacinto termine the feasibility of constructing (a) DEFINITION OF INDIAN TRIBE.—In this watershed, California. projects for hurricane protection in the section, the term ‘‘Indian tribe’’ has the (b) AUTHORIZATION OF APPROPRIATIONS.— coastal area of the State of Louisiana be- meaning given the term in section 4 of the There is authorized to be appropriated to tween Morgan City and the Pearl River. Indian Self-Determination and Education carry out this section $250,000. SEC. 417. ST. JOHN THE BAPTIST PARISH, LOU- Assistance Act (25 U.S.C. 450b). SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA. ISIANA. (b) STUDY.—In cooperation with the Sec- The Secretary may conduct a reconnais- The Secretary may conduct a study to de- retary of the Interior, the State of South Da- sance study to determine the Federal inter- termine the feasibility of constructing urban kota, the State of North Dakota, the State

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12471 of Nebraska, county officials, ranchers, Secretary may conduct a study to determine Flood Control Act of 1954 (68 Stat. 1259), and sportsmen, other affected parties, and the In- the feasibility of designating a permanent modified by section 103 of the Water Re- dian tribes referred to in subsection (c)(2), site in the State of Rhode Island for the dis- sources Development Act of 1976 (90 Stat. the Secretary may conduct a study to deter- posal of dredged material. 2921), to add environmental restoration and mine the feasibility of the conveyance to the SEC. 428. CHICKAMAUGA LOCK AND DAM, TEN- recreation as project purposes. Secretary of the Interior of the land de- NESSEE. SEC. 434. WHITE RIVER WATERSHED BELOW MUD scribed in subsection (c), to be held in trust (a) IN GENERAL.—The Secretary shall use MOUNTAIN DAM, WASHINGTON. for the benefit of the Indian tribes referred $200,000, from funds transferred from the (a) REVIEW.—The Secretary may review the to in subsection (c)(2). Tennessee Valley Authority, to prepare a re- report of the Chief of Engineers on the Upper (c) LAND TO BE STUDIED.—The land author- port of the Chief of Engineers for a replace- Puyallup River, Washington, dated 1936, au- ized to be studied for conveyance is the land ment lock at Chickamauga Lock and Dam, thorized by section 5 of the Act of June 22, that— Tennessee. 1936 (49 Stat. 1591, chapter 688), the Puget (1) was acquired by the Secretary to carry (b) FUNDING.—As soon as practicable after Sound and adjacent waters report authorized out the Pick-Sloan Missouri River Basin the date of enactment of this Act, the Ten- by section 209 of the Flood Control Act of Program, authorized by section 9 of the Act nessee Valley Authority shall transfer the 1962 (76 Stat. 1197), and other pertinent re- of December 22, 1944 (58 Stat. 891, chapter funds described in subsection (a) to the Sec- ports, to determine whether modifications to 665); and retary. the recommendations contained in the re- (2) is located within the external bound- SEC. 429. GERMANTOWN, TENNESSEE. ports are advisable to provide improvements aries of the reservations of— (a) IN GENERAL.—The Secretary may con- to the water resources and watershed of the (A) the Three Affiliated Tribes of the Fort duct a study to determine the feasibility of White River watershed downstream of Mud Berthold Reservation, North Dakota; carrying out a project for flood control and Mountain Dam, Washington. (B) the Standing Rock Sioux Tribe of related purposes along Miller Farms Ditch, (b) ISSUES.—In conducting the review North Dakota and South Dakota; Howard Road Drainage, and Wolf River Lat- under subsection (a), the Secretary shall re- (C) the Crow Creek Sioux Tribe of the Crow eral D, Germantown, Tennessee. view, with respect to the Lake Tapps com- Creek Reservation, South Dakota; (b) JUSTIFICATION ANALYSIS.—The Sec- munity and other parts of the watershed— (D) the Yankton Sioux Tribe of South Da- retary shall include environmental and (1) constructed and natural environs; kota; and water quality benefits in the justification (2) capital improvements; (E) the Santee Sioux Tribe of Nebraska. analysis for the project. (3) water resource infrastructure; SEC. 424. CUYAHOGA RIVER, OHIO. (c) COST SHARING.— (4) ecosystem restoration; Section 438 of the Water Resources Devel- (1) FEDERAL SHARE.—The Federal share of (5) flood control; opment Act of 1996 (110 Stat. 3746) is amended the costs of the feasibility study under sub- (6) fish passage; to read as follows: section (a)— (7) collaboration by, and the interests of, ‘‘SEC. 438. CUYAHOGA RIVER, OHIO. (A) shall not exceed 25 percent; and regional stakeholders; ‘‘(a) IN GENERAL.—The Secretary may— (B) shall be provided in the form of in-kind (8) recreational and socioeconomic inter- ‘‘(1) conduct a study to evaluate the struc- contributions. ests; and tural integrity of the bulkhead system lo- (2) NON-FEDERAL SHARE.—The Secretary— (9) other issues determined by the Sec- cated on the Federal navigation channel (A) shall credit toward the non-Federal retary. along the Cuyahoga River near Cleveland, share of the costs of the feasibility study the SEC. 435. WILLAPA BAY, WASHINGTON. Ohio; and value of the in-kind services provided by the (a) STUDY.—The Secretary may conduct a ‘‘(2) provide to the non-Federal interest de- non-Federal interests relating to the plan- study to determine the feasibility of pro- sign analysis, plans and specifications, and ning, engineering, and design of the project, viding coastal erosion protection for the cost estimates for repair or replacement of whether carried out before or after execution Tribal Reservation of the Shoalwater Bay In- the bulkhead system. of the feasibility study cost-sharing agree- dian Tribe on Willapa Bay, Washington. ‘‘(b) COST SHARING.—The non-Federal share ment; and (b) PROJECT.— of the cost of the study shall be 35 percent. (B) for the purposes of subparagraph (A), (1) IN GENERAL.—Notwithstanding any ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— shall consider the feasibility study to be con- other provision of law (including any re- There is authorized to be appropriated to ducted as part of the Memphis Metro Ten- quirement for economic justification), the carry out this section $500,000.’’. nessee and Mississippi study authorized by Secretary may construct and maintain a SEC. 425. FREMONT, OHIO. resolution of the Committee on Transpor- project to provide coastal erosion protection In consultation with appropriate Federal, tation and Infrastructure, dated March 7, for the Tribal Reservation of the Shoalwater State, and local agencies, the Secretary may 1996. Bay Indian Tribe on Willapa Bay, Wash- conduct a study to determine the feasibility SEC. 430. HORN LAKE CREEK AND TRIBUTARIES, ington, at full Federal expense, if the Sec- of carrying out projects for water supply and TENNESSEE AND MISSISSIPPI. retary determines that the project— environmental restoration at the Ballville (a) IN GENERAL.—The Secretary may con- (A) is a cost-effective means of providing Dam, on the Sandusky River at Fremont, duct a study to determine the feasibility of erosion protection; Ohio. modifying the project for flood control, Horn (B) is environmentally acceptable and SEC. 426. GRAND LAKE, OKLAHOMA. Lake Creek and Tributaries, Tennessee and technically feasible; and (a) EVALUATION.—The Secretary may— Mississippi, authorized by section 401(a) of (C) will improve the economic and social (1) evaluate the backwater effects specifi- the Water Resources Development Act of conditions of the Shoalwater Bay Indian cally due to flood control operations on land 1986 (100 Stat. 4124), to provide a high level of Tribe. around Grand Lake, Oklahoma; and urban flood protection to development along (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.— (2) not later than 180 days after the date of Horn Lake Creek. As a condition of the project described in enactment of this Act, submit to Congress a (b) REQUIRED ELEMENT.—The study shall paragraph (1), the Shoalwater Bay Indian report on whether Federal actions have been include a limited reevaluation of the project Tribe shall provide land, easements, rights- a significant cause of the backwater effects. to determine the appropriate design, as de- of-way, and dredged material disposal areas (b) FEASIBILITY STUDY.— sired by the non-Federal interests. necessary for the implementation of the (1) IN GENERAL.—The Secretary may con- SEC. 431. CEDAR BAYOU, TEXAS. project. duct a study to determine the feasibility of— The Secretary may conduct a study to de- (A) addressing the backwater effects of the TITLE V—MISCELLANEOUS PROVISIONS termine the feasibility of constructing a 12- operation of the Pensacola Dam, Grand/Neo- SEC. 501. VISITORS CENTERS. foot-deep and 125-foot-wide channel from the sho River basin; and (a) JOHN PAUL HAMMERSCHMIDT VISITORS Houston Ship Channel to Cedar Bayou, mile (B) purchasing easements for any land that CENTER, ARKANSAS.—Section 103(e) of the marker 11, Texas. has been adversely affected by backwater Water Resources Development Act of 1992 flooding in the Grand/Neosho River basin. SEC. 432. HOUSTON SHIP CHANNEL, TEXAS. (106 Stat. 4813) is amended by striking ‘‘Ar- (2) COST SHARING.—If the Secretary deter- The Secretary may conduct a study to de- kansas River, Arkansas.’’ and inserting ‘‘at mines under subsection (a)(2) that Federal termine the feasibility of constructing barge Fort Smith, Arkansas, on land provided by actions have been a significant cause of the lanes adjacent to both sides of the Houston the city of Fort Smith.’’. backwater effects, the Federal share of the Ship Channel from Bolivar Roads to Morgan (b) LOWER MISSISSIPPI RIVER MUSEUM AND costs of the feasibility study under para- Point, Texas, to a depth of 12 feet. RIVERFRONT INTERPRETIVE SITE, MIS- graph (1) shall be 100 percent. SEC. 433. SAN ANTONIO CHANNEL, TEXAS. SISSIPPI.—Section 103(c)(2) of the Water Re- SEC. 427. DREDGED MATERIAL DISPOSAL SITE, The Secretary may conduct a study to de- sources Development Act of 1992 (106 Stat. RHODE ISLAND. termine the feasibility of modifying the 4811) is amended in the first sentence by In consultation with the Administrator of project for San Antonio Channel improve- striking ‘‘in the vicinity of the Mississippi the Environmental Protection Agency, the ment, Texas, authorized by section 203 of the River Bridge in Vicksburg, Mississippi.’’ and

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12472 CONGRESSIONAL RECORD—SENATE June 27, 2000 inserting ‘‘between the Mississippi River tion, the Ontonagon County Historical Soci- full cooperation of both Chambers of Bridge and the waterfront in downtown ety shall be responsible for any additional Congress and our respected leadership. Vicksburg, Mississippi.’’. operation, maintenance, repair, rehabilita- I look forward to working with my col- SEC. 502. CALFED BAY-DELTA PROGRAM ASSIST- tion, or replacement costs associated with— leagues to move the WRDA process for- ANCE, CALIFORNIA. (1) the lighthouse; or (a) IN GENERAL.—The Secretary— (2) the conveyed land and improvements. ward as expeditiously as possible. (1) may participate with the appropriate (f) APPLICABILITY OF ENVIRONMENTAL Federal and State agencies in the planning LAW.—Nothing in this section affects the po- By Mr. SMITH of New Hampshire and management activities associated with tential liability of any person under any ap- (for himself, Mr. BAUCUS, Mr. the CALFED Bay-Delta Program referred to plicable environmental law. VOINOVICH, Mr. GRAHAM, and in the California Bay-Delta Environmental Mr. SMITH of New Hampshire. Mr. Mr. MACK): Enhancement and Water Security Act (divi- President, I am proud to join my col- S. 2797. A bill to authorize a com- sion E of Public Law 104–208; 110 Stat. 3009– leagues, Senators VOINOVICH and BAU- prehensive Everglades restoration plan; 748); and CUS, in the introduction of the Water to the Committee on Environment and (2) shall, to the maximum extent prac- Public Works. ticable and in accordance with applicable Resources Development Act of 2000. As RESTORING THE EVERGLADES, AN AMERICAN law, integrate the activities of the Corps of many of you know, the administration LEGACY ACT Engineers in the San Joaquin and Sac- presented a proposal to Congress in ramento River basins with the long-term April of this year, which I introduced Mr. SMITH of New Hampshire. Mr. President, today is a historic day. I am goals of the CALFED Bay-Delta Program. by request at that time. The bill we in- (b) COOPERATIVE ACTIVITIES.—In partici- pleased to be joined by Senators troduce today includes a number of the pating in the CALFED Bay-Delta Program GRAHAM, MACK, VOINOVICH, and BAU- provisions contained in the Adminis- under subsection (a), the Secretary may— CUS, in introducing a measure to re- tration’s request, in addition to those (1) accept and expend funds from other store, preserve and protect one of Member requests which met the cri- Federal agencies and from non-Federal pub- America’s unique ecosystems: the Ev- lic, private, and nonprofit entities to carry teria agreed to by myself, Senator erglades. More than six months ago, I out ecosystem restoration projects and ac- VOINOVICH, the chairman of the Trans- went to Florida and made a promise to tivities associated with the CALFED Bay- portation and Infrastructure Sub- the people of that state and this na- Delta Program; and committee, and Senator BAUCUS, the tion. I promised to make Everglades (2) in carrying out the projects and activi- ranking member of the Committee. ties, enter into contracts, cooperative re- restoration my top priority as the new In responding to questions regarding search and development agreements, and co- chairman of the Environment and Pub- what projects were included in this operative agreements with Federal and non- lic Works Committee. I am proud to bill, I remind my colleagues that it has Federal private, public, and nonprofit enti- say that after many months of hard been the policy of the Committee to ties. work, intense negotiation, and through (c) AREA COVERED BY PROGRAM.—For the authorize only those construction it all, uncompromising dedication, we purposes of this section, the area covered by projects that conform with cost-shar- have before us the bill to restore Amer- the CALFED Bay-Delta Program shall be the ing policies established in the Water ica’s Everglades. San Francisco Bay/Sacramento-San Joaquin Resources Development Act of 1986, Delta Estuary and its watershed (known as Our bill not only has the support of the ‘‘Bay-Delta Estuary’’), as identified in and amended by subsequent WRDAs. In the two Senators from Florida, the the Framework Agreement Between the Gov- addition, it has been the policy of the chairman and ranking member of the ernor’s Water Policy Council of the State of Committee to require projects to have Environment and Public Works Com- California and the Federal Ecosystem Direc- undergone full and final engineering, mittee and the chairman of the sub- torate. economic, and environmental review committee of jurisdiction, it has the (d) AUTHORIZATION OF APPROPRIATIONS.— by the Chief of Engineers to ensure There is authorized to be appropriated to support of the State of Florida and the that the project is indeed justified. administration. It truly is bipartisan. carry out this section $5,000,000 for each of In ensuring the integrity of the fiscal years 2002 through 2005. It truly is historic. WRDA process, that criteria served as SEC. 503. CONVEYANCE OF LIGHTHOUSE, We all know that the Everglades face ONTONAGON, MICHIGAN. the base to guide us to where we are grave peril, but such dire situations do (a) IN GENERAL.—The Secretary may con- today. S. xxxx is a responsible bill that not always serve to motivate Congress vey to the Ontonagon County Historical So- provides for the traditional mission of to act, particularly in a presidential ciety, at full Federal expense— the U.S. Army Corps of engineers and election year. The truth of the matter (1) the lighthouse at Ontonagon, Michigan; which also recognizes the Corps’ ex- is that the federal government is par- and panding presence in the area of envi- (2) the land underlying and adjacent to the tially responsible for the condition of lighthouse (including any improvements on ronmental restoration. This bill con- the Everglades and it is our obligation the land) that is under the jurisdiction of the tains 23 authorizations for flood con- to fix what we helped break. The Ever- Secretary. trol, navigation, shoreline protection, glades cannot afford for Congress to (b) MAP.—The Secretary shall— and environmental restoration projects delay. (1) determine— for which a Chief’s Report is expected The unintended consequence of the (A) the extent of the land conveyance by the end of the calendar year. In ad- 1948 federal flood control project is the under this section; and dition, there are approximately 31 too efficient redirection of water from (B) the exact acreage and legal description of the land to be conveyed under this sec- project-related modifications and pro- Lake Okeechobee. Approximately 1.7 tion; and visions, as well as 35 feasibility studies. billion gallons of water a day is need- (2) prepare a map that clearly identifies While half of the projects in this bill lessly directed out to sea. The original any land to be conveyed. are in the navigation mission, nearly a Central and Southern Florida Project (c) CONDITIONS.—The Secretary may— quarter are dedicated to environmental was done with the best of intentions— (1) obtain all necessary easements and and ecosystem restoration projects, the federal government simply had to rights-of-way; and demonstrating this chairman’s belief act when devastating floods took thou- (2) impose such terms, conditions, reserva- tions, and restrictions on the conveyance; that the Corps is moving in the right sands of lives prior to the project’s con- as the Secretary determines to be necessary direction. This bill strongly adheres to struction. Unfortunately, the very suc- to protect the public interest. the fundamental purposes and prin- cess of the Central and Southern Flor- (d) ENVIRONMENTAL RESPONSE.—To the ex- ciples of the Army Corps of Engineers. ida Project disrupted the natural sheet tent required under any applicable law, the This sound bill deserves prompt ac- flow of water through the so-called Secretary shall be responsible for any nec- tion by not only the Senate, but our ‘‘River of Grass,’’ altering or destroy- essary environmental response required as a counterparts in the House of Rep- ing the habitat for many species of na- result of the prior Federal use or ownership resentatives, The number of legislative of the land and improvements conveyed tive plants, mammals, reptiles, fish under this section. days left this year is dwindling. If we and wading birds. (e) RESPONSIBILITIES AFTER CONVEYANCE.— are to enact water resources legislation Well, we are going to recapture that After the conveyance of land under this sec- prior to adjournment, it will take the wasted water, store it, and redirect it,

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12473 when needed, to the natural system in guage’’ that provide the mechanism by (iii) Everglades National Park; the South Florida ecosystem. It sounds which water is reserved and allocated (iv) Biscayne National Park; simple, but in actuality, the Com- for the natural system. The Secretary (v) Big Cypress National Preserve; prehensive Everglades Restoration of the Army and Governor of the State (vi) other Federal or State (including a po- litical subdivision of a State) land that is Plan is quite complex and will take 30 of Florida will enter into an up-front, designated and managed for conservation years to construct. Each step in the binding agreement that will ensure purposes; and Plan was carefully chosen and the bill that water available from the plan will (vii) any tribal land that is designated and my colleagues and I have introduced be available for the natural system. managed for conservation purposes, as ap- today represents the first stage of that Furthermore, the Secretary of the proved by the tribe. process. Army, in concurrence with the Gov- (4) PLAN.—The term ‘‘Plan’’ means the A project of this size is not without ernor of the State of Florida and the Comprehensive Everglades Restoration Plan uncertainties. Our bill authorizes four Secretary of the Interior will promul- contained in the ‘‘Final Integrated Feasi- bility Report and Programmatic Environ- pilot projects to get at some of those gate programmatic regulations to en- mental Impact Statement’’, dated April 1, unknowns. In addition, this bill au- sure that the goals and purposes of the 1999, as modified by this Act. thorizes an initial suite of ten con- Comprehensive Everglades Restoration (5) SOUTH FLORIDA ECOSYSTEM.— struction projects. These projects were Plan are achieved. (A) IN GENERAL.—The term ‘‘South Florida carefully selected by the Army Corps of I repeat for the benefit of my col- ecosystem’’ means the area consisting of the Engineers and the South Florida Water leagues, this bill has the support of the land and water within the boundary of the Management District and included in State of Florida, the administration, South Florida Water Management District in the plan as the projects that would, and a bipartisan group of co-sponsors. effect on July 1, 1999. (B) INCLUSIONS.—The term ‘‘South Florida once constructed, have immediate ben- This truly is a remarkable feat that de- ecosystem’’ includes— efits to the natural system. Almost serves recognition by the Senate in the (i) the Everglades; right away, the plan gets at restoring form of swift passage. (ii) the Florida Keys; and the natural sheet flow that years of I am afraid too often people forget (iii) the contiguous near-shore coastal human interference has interrupted. that the Everglades is a national envi- water of South Florida. Our bill goes farther, by authorizing ronmental treasure. Restoration bene- (6) STATE.—The term ‘‘State’’ means the programmatic authority for the Corps fits not only Floridians, but the mil- State of Florida. and the non-federal sponsor to move lions of us who visit Florida each year (b) COMPREHENSIVE EVERGLADES RESTORA- forward with critical projects that will to behold this unique ecosystem. We TION PLAN.— (1) APPROVAL.— have immediate, independent, and sub- need to view our efforts as our legacy (A) IN GENERAL.—Except as modified by stantial benefits to the natural system. to future generations, as my dear this Act, the Plan is approved as a frame- Together, these components represent friend and predecessor, the late John work for modifications and operational the first phase. The rest of the projects Chafee so exemplified. Many years changes to the Central and Southern Florida will come to Congress for authorization from now, I hope that this Congress Project that are needed to— as part of the biennial Water Resources will be remembered for putting aside (i) restore, preserve and protect the South Development Act. partisanship, politics, self-interest and Florida ecosystem; One of my favorite aspects of the short-term thinking by answering the (ii) provide for the protection of water Comprehensive Everglades Restoration quality in, and the reduction of the loss of call and saving the Everglades while we fresh water from, the Everglades; and Plan is its inherent flexibility. If we still had the chance. (iii) provide for the water-related needs of learn something new about the eco- I ask unanimous consent that the the region, including— system, perfect our modeling tech- text of the bill be printed in the (I) flood control; niques, or just plain see that some- RECORD. (II) the enhancement of water supplies; and thing isn’t working right, through the There being no objection, the bill was (III) other objectives served by the Central concept of adaptive management, we ordered to be printed in the RECORD, as and Southern Florida Project. can modify the plan based on the new follows: (B) INTEGRATION.—In carrying out the information on hand. Plan, the Secretary shall integrate the ac- S. 2797 tivities described in subparagraph (A) with Is this bill expensive? I suppose that Be it enacted by the Senate and House of Rep- ongoing Federal and State projects and ac- depends on your point of view. I am resentatives of the United States of America in tivities in accordance with section 528(c) of well-known as a fiscal conservative and Congress assembled, the Water Resources Development Act of I certainly do not believe in wasting SECTION 1. SHORT TITLE. 1996 (110 Stat. 3769). the taxpayers’ money. The total cost of This Act may be cited as the ‘‘Restoring (2) SPECIFIC AUTHORIZATIONS.— implementing the Comprehensive Ever- the Everglades, An American Legacy Act’’. (A) IN GENERAL.— glades Restoration Plan is $7.8 billion SEC. 2. COMPREHENSIVE EVERGLADES RES- (i) PROJECTS.—The Secretary shall carry dollars. The total cost to the Federal TORATION PLAN. out the projects included in the Plan in ac- (a) DEFINITIONS.—In this section: cordance with subparagraphs (B), (C), (D) and government, however, is $3.9 billion. (1) CENTRAL AND SOUTHERN FLORIDA (E). That’s right. The State of Florida is PROJECT.— (ii) CONSIDERATIONS.—In carrying out ac- picking up fifty percent of the tab. $3.9 (A) IN GENERAL.—The term ‘‘Central and tivities described in the Plan, the Secretary billion over the number of years that Southern Florida Project’’ means the project shall— this project will be constructed amount for Central and Southern Florida authorized (I) take into account the protection of to an average of $200 million a year. under the heading ‘‘CENTRAL AND SOUTHERN water quality by considering applicable That is about a can of coke, if you can FLORIDA’’ in section 203 of the Flood Control State water quality standards; and find the right machine, for each Amer- Act of 1948 (62 Stat. 1176). (II) include such features as the Secretary (B) INCLUSION.—The term ‘‘Central and determines are necessary to ensure that all ican each year to restore this national Southern Florida Project’’ includes any ground water and surface water discharges treasure. It should be noted that I fully modification to the project authorized by from any project feature authorized by this support increasing the budget of the this Act or any other provision of law. subsection will meet all applicable water Corps of Engineers so that it can com- (2) GOVERNOR.—The term ‘‘Governor’’ quality standards and applicable water qual- fortably fund not only this project, but means the Governor of the State. ity permitting requirements. the numerous other meritorious (3) NATURAL SYSTEM.— (iii) REVIEW AND COMMENT.—In developing projects within the Corps mission. (A) IN GENERAL.—The term ‘‘natural sys- the projects authorized under subparagraph I hear my colleagues asking: how do tem’’ means all land and water managed by (B), the Secretary shall provide for public re- we know the natural system is going to the Federal Government or the State within view and comment in accordance with appli- the South Florida ecosystem. cable Federal law. be the primary beneficiary of the water (B) INCLUSIONS.—The term ‘‘natural sys- (B) PILOT PROJECTS.—The following pilot made available by this project? I’ll tell tem’’ includes— projects are authorized for implementation, you how. Our bill contains painstak- (i) water conservation areas; after review and approval by the Secretary, ingly negotiated ‘‘assurances lan- (ii) sovereign submerged land; subject to the conditions in subparagraph

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.002 S27JN0 12474 CONGRESSIONAL RECORD—SENATE June 27, 2000 (D), at a total cost of $69,000,000, with an esti- tion report prepared in accordance with sub- (A) responsible for all land, easements, mated Federal cost of $34,500,000 and an esti- sections (f) and (h). rights-of-way, and relocations necessary to mated non-Federal cost of $34,500,000: (ii) SUBMISSION OF REPORT.—The Secretary implement the Plan; and (i) Caloosahatchee River (C–43) Basin ASR, shall submit to the Committee on Transpor- (B) afforded credit toward the non-Federal at a total cost of $6,000,000, with an esti- tation and Infrastructure of the House of share of the cost of carrying out the project mated Federal cost of $3,000,000 and an esti- Representatives and the Committee on Envi- in accordance with paragraph (5)(A). mated non-Federal cost of $3,000,000. ronment and Public Works of the Senate the (3) FEDERAL ASSISTANCE.— (ii) Lake Belt In-Ground Reservoir Tech- project implementation report required by (A) IN GENERAL.—The non-Federal sponsor nology, at a total cost of $23,000,000, with an subsections (f) and (h) for each project under with respect to a project authorized by sub- estimated Federal cost of $11,500,000 and an this paragraph (including all relevant data section (b), (c), or (d) may use Federal funds estimated non-Federal cost of $11,500,000. and information on all costs). for the purchase of any land, easement, (iii) L–31N Seepage Management, at a total (iii) FUNDING CONTINGENT ON APPROVAL.— rights-of-way, or relocation that is necessary cost of $10,000,000, with an estimated Federal No appropriation shall be made to construct to carry out the project if any funds so used cost of $5,000,000 and an estimated non-Fed- any project under this paragraph if the are credited toward the Federal share of the eral cost of $5,000,000. project implementation report for the cost of the project. (iv) Wastewater Reuse Technology, at a project has not been approved by resolutions (B) AGRICULTURE FUNDS.—Funds provided total cost of $30,000,000, with an estimated adopted by the Committee on Transpor- to the non-Federal sponsor under any pro- Federal cost of $15,000,000 and an estimated tation and Infrastructure of the House of grams such as the Conservation Restoration non-Federal cost of $15,000,000. Representatives and the Committee on Envi- and Enhancement Program (CREP) and the (C) INITIAL PROJECTS.—The following ronment and Public Works of the Senate. Wetlands Reserve Program (WRP) for projects are authorized for implementation, (iv) MODIFIED WATER DELIVERY.—No appro- projects in the Plan shall be credited toward after review and approval by the Secretary, priation shall be made to construct the the non-Federal share of the cost of the Plan subject to the conditions stated in subpara- Water Conservation Area 3 if the Secretary of Agriculture certifies that graph (D), at a total cost of $1,100,918,000, Decompartmentalization and Sheetflow En- the funds provided may be used for that pur- with an estimated Federal cost of $550,459,000 hancement Project or the Central Lakebelt pose. and an estimated non-Federal cost of Storage Project until the completion of the (4) OPERATION AND MAINTENANCE.—Notwith- $550,459,000: project to improve water deliveries to Ever- standing section 528(e)(3) of the Water Re- (i) C–44 Basin Storage Reservoir, at a total glades National Park authorized by section sources Development Act of 1996 (110 Stat. cost of $112,562,000, with an estimated Fed- 104 of the Everglades National Park Protec- 3770), the non-Federal sponsor shall be re- eral cost of $56,281,000 and an estimated non- tion and Expansion Act of 1989 (16 U.S.C 410r– sponsible for 50 percent of the cost of oper- Federal cost of $56,281,000. 8). ation, maintenance, repair, replacement, and (ii) Everglades Agricultural Area Storage (E) MAXIMUM COST OF PROJECTS.—Section rehabilitation activities authorized under Reservoirs–Phase I, at a total cost of 902 of the Water Resources Development Act this section. $233,408,000, with an estimated Federal cost of 1986 (33 U.S.C. 2280) shall apply to each (5) CREDIT.— of $116,704,000 and an estimated non-Federal project feature authorized under this sub- (A) IN GENERAL.—Notwithstanding section cost of $116,704,000. section. 528(e)(4) of the Water Resources Development (c) ADDITIONAL PROGRAM AUTHORITY.— Act of 1996 (110 Stat. 3770), and regardless of (iii) Site 1 Impoundment, at a total cost of (1) IN GENERAL.—To expedite implementa- the date of acquisition, the value of lands or $38,535,000, with an estimated Federal cost of tion of the Plan, the Secretary may imple- interests in lands and incidental costs for $19,267,500 and an estimated non-Federal cost ment modifications to the Central and land acquired by a non-Federal sponsor in of $19,267,500. Southern Florida Project that— accordance with a project implementation (iv) Water Conservation Areas 3A/3B Levee (A) are described in the Plan; and report for any project included in the Plan Seepage Management, at a total cost of (B) will produce a substantial benefit to and authorized by Congress shall be— $100,335,000, with an estimated Federal cost the restoration, preservation and protection (i) included in the total cost of the project; of $50,167,500 and an estimated non-Federal of the South Florida ecosystem. and cost of $50,167,500. (2) PROJECT IMPLEMENTATION REPORTS.—Be- (ii) credited toward the non-Federal share (v) C–11 Impoundment and Stormwater fore implementation of any project feature of the cost of the project. Treatment Area, at a total cost of authorized under this subsection, the Sec- (B) WORK.—The Secretary may provide $124,837,000, with an estimated Federal cost retary shall review and approve for the credit, including in-kind credit, toward the of $62,418,500 and an estimated non-Federal project feature a project implementation re- non-Federal share for the reasonable cost of cost of $62,418,500. port prepared in accordance with subsections any work performed in connection with a (vi) C-9 Impoundment and Stormwater (f) and (h). study, preconstruction engineering and de- Treatment Area, at a total cost of $89,146,000, (3) FUNDING.— sign, or construction that is necessary for with an estimated Federal cost of $44,573,000 (A) INDIVIDUAL PROJECT FUNDING.— the implementation of the Plan, if— and an estimated non-Federal cost of (i) FEDERAL COST.—The total Federal cost (i)(I) the credit is provided for work com- $44,573,000. of each project carried out under this sub- pleted during the period of design, as defined (vii) Taylor Creek/Nubbin Slough Storage section shall not exceed $12,500,000. in a design agreement between the Secretary and Treatment Area, at a total cost of (ii) OVERALL COST.—The total cost of each and the non-Federal sponsor; or $104,027,000, with an estimated Federal cost project carried out under this subsection (II) the credit is provided for work com- of $52,013,500 and an estimated non-Federal shall not exceed $25,000,000. pleted during the period of construction, as cost of $52,013,500. (B) AGGREGATE FEDERAL COST.—The total defined in a project cooperation agreement (viii) Raise and Bridge East Portion of Federal cost of all projects carried out under for an authorized project between the Sec- Tamiami Trail and Fill Miami Canal within this subsection shall not exceed $206,000,000 retary and the non-Federal sponsor; Water Conservation Area 3, at a total cost of (d) AUTHORIZATION OF FUTURE PROJECTS.— (ii) the design agreement or the project co- $26,946,000, with an estimated Federal cost of (1) IN GENERAL.—Except for a project au- operation agreement prescribes the terms $13,473,000 and an estimated non-Federal cost thorized by subsection (b) or (c), any project and conditions of the credit; and of $13,473,000. included in the Plan shall require a specific (iii) the Secretary determines that the (ix) North New River Improvements, at a authorization by Congress. work performed by the non-Federal sponsor total cost of $77,087,000, with an estimated (2) SUBMISSION OF REPORT.—Before seeking is integral to the project. Federal cost of $38,543,500 and an estimated congressional authorization for a project (C) TREATMENT OF CREDIT BETWEEN non-Federal cost of $38,543,500. under paragraph (1), the Secretary shall sub- PROJECTS.—Any credit provided under this (x) C–111 Spreader Canal, at a total cost of mit to Congress— paragraph may be carried over between au- $94,035,000, with an estimated Federal cost of (A) a description of the project; and thorized projects in accordance with sub- $47,017,500 and an estimated non-Federal cost (B) a project implementation report for the paragraph (D). of $47,017,500. project prepared in accordance with sub- (D) PERIODIC MONITORING.— (xi) Adaptive Assessment and Monitoring sections (f) and (h). (i) IN GENERAL.—To ensure that the con- Program, at a total cost of $100,000,000, with (e) COST SHARING.— tributions of the non-Federal sponsor equal an estimated Federal cost of $50,000,000 and (1) FEDERAL SHARE.—The Federal share of 50 percent proportionate share for projects in an estimated non-Federal cost of $50,000,000. the cost of carrying out a project authorized the Plan, during each 5-year period, begin- (D) CONDITIONS.— by subsection (b), (c), or (d) shall be 50 per- ning with commencement of design of the (i) PROJECT IMPLEMENTATION REPORTS.—Be- cent. Plan, the Secretary shall, for each project— fore implementation of a project described in (2) NON-FEDERAL RESPONSIBILITIES.—The (I) monitor the non-Federal provision of any of clauses (i) through (x) of subpara- non-Federal sponsor with respect to a cash, in-kind services, and land; and graph (C), the Secretary shall review and ap- project described in subsection (b), (c), or (d), (II) manage, to the maximum extent prac- prove for the project a project implementa- shall be— ticable, the requirement of the non-Federal

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12475 sponsor to provide cash, in-kind services, and year report, shall describe the results of the (IV) the Secretary of Commerce; and land. evaluation of advanced wastewater treat- (V) other Federal, State, and local agen- (ii) OTHER MONITORING.—The Secretary ment in meeting, in a cost effective manner, cies; shall conduct monitoring under clause (i) the requirements of restoration of the nat- promulgate programmatic regulations to en- separately for— ural system. sure that the goals and purposes of the Plan (I) the preconstruction engineering and de- (B) SUBMISSION.—The Secretary shall sub- are achieved. sign phase; and mit to Congress the report described in sub- (B) CONTENT OF REGULATIONS.—Pro- (II) the construction phase. paragraph (A) before congressional author- grammatic regulations promulgated under (E) AUDITS.—Credit for land (including ization for advanced wastewater treatment this paragraph shall establish a process to— land value and incidental costs) or work pro- is sought. (i) provide guidance for the development of vided under this subsection shall be subject (3) PROJECTS APPROVED WITH LIMITATIONS.— project implementation reports, project co- to audit by the Secretary. The following projects in the Plan are ap- operation agreements, and operating manu- (f) EVALUATION OF PROJECTS.— proved for implementation with limitations: als that ensure that the goals and objectives (1) IN GENERAL.—Before implementation of (A) LOXAHATCHEE NATIONAL WILDLIFE REF- of the Plan are achieved; a project authorized by subsection (c) or (d) UGE.—The Federal share for land acquisition (ii) ensure that new information resulting or any of clauses (i) through (x) of subsection in the project to enhance existing wetland from changed or unforeseen circumstances, (b)(2)(C), the Secretary, in cooperation with systems along the Loxahatchee National new scientific or technical information or in- the non-Federal sponsor, shall, after notice Wildlife Refuge, including the Stazzulla formation that is developed through the and opportunity for public comment and in tract, should be funded through the budget principles of adaptive management con- accordance with subsection (h), complete a of the Department of the Interior. tained in the Plan, or future authorized project implementation report for the (B) SOUTHERN CORKSCREW REGIONAL ECO- changes to the Plan are integrated into the project. SYSTEM.—The Southern Corkscrew regional implementation of the Plan; (2) PROJECT JUSTIFICATION.— ecosystem watershed addition should be ac- (iii) ensure the protection of the natural (A) IN GENERAL.—Notwithstanding section complished outside the scope of the Plan. system consistent with the goals and pur- 209 of the Flood Control Act of 1970 (42 U.S.C. (h) ASSURANCE OF PROJECT BENEFITS.— poses of the Plan; and 1962–2) or any other provision of law, in car- (1) IN GENERAL.—The overarching objective (iv) include a mechanism for dispute reso- rying out any activity authorized under this of the Plan is the restoration, preservation, lution to resolve any conflicts between the section or any other provision of law to re- and protection of the South Florida Eco- Secretary and the non-Federal sponsor. system while providing for other water-re- store, preserve, or protect the South Florida (C) SCHEDULE AND TRANSITION RULE.— lated needs of the region, including water ecosystem, the Secretary may determine (i) IN GENERAL.—All project implementa- supply and flood protection. The Plan shall that— tion reports approved before the date of pro- be implemented to ensure the protection of (i) the activity is justified by the environ- mulgation of the programmatic regulations water quality in, the reduction of the loss of mental benefits derived by the South Florida shall be consistent with the Plan. fresh water from, the improvement of the en- ecosystem; and (ii) PREAMBLE.—The preamble of the pro- vironment of the South Florida Ecosystem (ii) no further economic justification for grammatic regulations shall include a state- and to achieve and maintain the benefits to the activity is required, if the Secretary de- ment concerning the consistency with the the natural system and human environment termines that the activity is cost-effective. programmatic regulations of any project im- described in the Plan, and required pursuant (B) APPLICABILITY.—Subparagraph (A) plementation reports that were approved be- to this Act, for as long as the project is au- shall not apply to any separable element in- thorized. fore the date of promulgation of the regula- tended to produce benefits that are predomi- tions. (2) AGREEMENT.— nantly unrelated to the restoration, preser- (D) REVIEW OF PROGRAMMATIC REGULA- (A) IN GENERAL.—No appropriation shall be vation, and protection of the natural system. made for the construction of a project con- TIONS.—Whenever necessary to attain Plan (g) EXCLUSIONS AND LIMITATIONS.—The fol- tained in the Plan until the President and goals and purposes, but not less often than lowing Plan components are not approved for the Governor enter into a binding agreement every 5 years, the Secretary, in accordance implementation: under which the State, shall ensure, by regu- with subparagraph (A), shall review the pro- (1) WATER INCLUDED IN THE PLAN.— lation or other appropriate means, that grammatic regulations promulgated under (A) IN GENERAL.—Any project that is de- water made available under the Plan for the this paragraph. signed to implement the capture and use of restoration of the natural system is avail- (4) PROJECT-SPECIFIC ASSURANCES.— the approximately 245,000 acre-feet of water able as specified in the Plan. (A) PROJECT IMPLEMENTATION REPORTS.— described in section 7.7.2 of the Plan shall (B) ENFORCEMENT.— (i) IN GENERAL.—The Secretary and the not be implemented until such time as— (i) IN GENERAL.—Any person or entity that non-Federal sponsor shall develop project (i) the project-specific feasibility study de- is aggrieved by a failure of the President or implementation reports in accordance with scribed in subparagraph (B) on the need for the Governor to comply with any provision section 10.3.1 of the Plan. and physical delivery of the approximately of the agreement entered into under subpara- (ii) COORDINATION.—In developing a project 245,000 acre-feet of water, conducted by the graph (A) may bring a civil action in United implementation report, the Secretary and Secretary, in cooperation with the non-Fed- States district court for an injunction di- the non-Federal sponsor shall coordinate eral sponsor, is completed; recting the President or the Governor, as the with appropriate Federal, State, tribal, and (ii) the project is favorably recommended case may be, to comply with the agreement, local governments. in a final report of the Chief of Engineers; or for other appropriate relief. (iii) REQUIREMENTS.—A project implemen- and (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL tation report shall— (iii) the project is authorized by Act of ACTION.—No civil action may be commenced (I) be consistent with the Plan and the pro- Congress. under clause (i)— grammatic regulations promulgated under (B) PROJECT-SPECIFIC FEASIBILITY STUDY.— (I) before the date that is 60 days after the paragraph (3); The project-specific feasibility study re- Secretary receives written notice of a failure (II) describe how each of the requirements ferred to in subparagraph (A) shall include— to comply with the agreement; or stated in paragraph (3)(B) is satisfied; (i) a comprehensive analysis of the struc- (II) if the United States has commenced (III) comply with the National Environ- tural facilities proposed to deliver the ap- and is diligently prosecuting an action in a mental Policy Act of 1969 (42 U.S.C. 4321 et proximately 245,000 acre-feet of water to the court of the United States or a State to re- seq.); natural system; dress a failure to comply with the agree- (IV) identify the appropriate quantity, (ii) an assessment of the requirements to ment. timing, and distribution of water dedicated divert and treat the water; (3) PROGRAMMATIC REGULATIONS.— and managed for the natural system; (iii) an assessment of delivery alternatives; (A) ISSUANCE.—Not later than 2 years after (V) identify the amount of water to be re- (iv) an assessment of the feasibility of de- the date of enactment of this Act, the Sec- served or allocated for the natural system livering the water downstream while main- retary shall, after notice and opportunity for necessary to implement, under State law, taining current levels of flood protection to public comment— subclauses (IV) and (VI); affected property; and (i) with the concurrence of— (VI) comply with applicable water quality (v) any other assessments that are deter- (I) the Governor; and standards and applicable water quality per- mined by the Secretary to be necessary to (II) the Secretary of the Interior; and mitting requirements under subsection complete the study. (ii) in consultation with— (b)(2)(A)(ii); (2) WASTEWATER TREATMENT.— (I) the Seminole Tribe of Florida; (VII) be based on the best available (A) IN GENERAL.—On completion and eval- (II) the Miccosukee Tribe of Indians of science; and uation of the wastewater treatment pilot Florida; (VIII) include an analysis concerning the project described in subsection (b)(2)(B)(iv), (III) the Administrator of the Environ- cost-effectiveness and engineering feasibility the Secretary, in an appropriately timed 5- mental Protection Agency; of the project.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12476 CONGRESSIONAL RECORD—SENATE June 27, 2000 (B) PROJECT COOPERATION AGREEMENTS.— (i) INDEPENDENT SCIENTIFIC REVIEW.— this group speaks volumes about the (i) IN GENERAL.—The Secretary and the (1) IN GENERAL.—The Secretary, the Sec- national commitment to restoring non-Federal sponsor shall execute project co- retary of the Interior, and the State, in con- America’s Everglades. operation agreements in accordance with sultation with the South Florida Ecosystem The Everglades is sick. We need to section 10 of the Plan. Restoration Task Force, shall establish an perform the surgery to make it well. (ii) CONDITION.—The Secretary shall not independent scientific review panel convened execute a project cooperation agreement by a body, such as the National Academy of Since the passage of the Central and until any reservation or allocation of water Sciences, to review the Plan’s progress to- South Florida Flood Control Project in for the natural system identified in the ward achieving the natural system restora- 1948, nearly half of the original Ever- project implementation report is executed tion goals of the Plan. glades has been drained or otherwise under State law. (2) REPORT.—The panel described in para- altered. According to the National (C) OPERATING MANUALS.— graph (1) shall produce a biennial report to Parks and Conservation Association, (i) IN GENERAL.—The Secretary and the Congress, the Secretary, the Secretary of the the national parks and preserves con- non-Federal sponsor shall develop and issue, Interior, and the State of Florida that in- for each project or group of projects, an oper- cludes an assessment of ecological indicators tained in the Everglades are among the ating manual that is consistent with the and other measures of progress in restoring ten most endangered in the nation. water reservation or allocation for the nat- the ecology of the natural system, based on In 1983, when I was Governor, Florida ural system described in the project imple- the Plan. launched an effort—known as Save Our mentation report and the project coopera- (j) OUTREACH AND ASSISTANCE.— Everglades—to revitalize this precious tion agreement for the project or group of (1) SMALL BUSINESS CONCERNS OWNED AND ecosystem. Our goal was simple. By the projects. OPERATED BY SOCIALLY AND ECONOMICALLY end of our efforts, we wanted the Ever- (ii) MODIFICATIONS.—Any significant modi- DISADVANTAGED INDIVIDUALS.—In executing fication by the Secretary and the non-Fed- glades to look and function more like the Plan, the Secretary shall ensure that it had in 1900 than it did in 1983. Back eral sponsor to an operating manual after small business concerns owned and con- the operating manual is issued shall only be trolled by socially and economically dis- then, restoring the natural health and carried out subject to notice and opportunity advantaged individuals are provided opportu- function of this precious ecosystem for public comment. nities to participate under section 15(g) of seemed like a distant dream. But after (5) SAVINGS CLAUSE.— the Small Business Act (15 U.S.C. 644(g)). seventeen years of bipartisan progress (A) EXISTING WATER USERS.—The Secretary (2) COMMUNITY OUTREACH AND EDUCATION.— in the context of a strong federal-state shall ensure that the implementation of the (A) IN GENERAL.—The Secretary shall en- partnership, we now stand on the brink Plan, including physical or operational sure that impacts on socially and economi- modifications to the Central and Southern of seeing that dream become reality. cally disadvantaged individuals, including I want to speak for a moment about Florida Project, does not cause significant individuals with limited English proficiency, adverse impact on existing legal water users, and communities are considered during im- that federal-state partnership. I often including— plementation of the Plan, and that such indi- compare this unique partnership to a (i) water legally allocated or provided viduals have opportunities to review and marriage—if both partners respect each through entitlements to the Seminole Tribe comment on its implementation. other, and pledge to work through any of Florida under section 7 of the Seminole (B) PROVISION OF OPPORTUNITIES.—The Sec- Indian Land Claims Settlement Act of 1987 challenges together, the marriage will retary shall ensure, to the maximum extent (25 U.S.C. 1772e); be strong and successful. Today, we are practicable, that public outreach and edu- (ii) the Miccosukee Tribe of Indians of again celebrating the strength of that cational opportunities are provided to the in- Florida; marriage, and this legislation contains dividuals of South Florida, including individ- (iii) annual water deliveries to Everglades uals with limited English proficiency, and in several provisions born out of the re- National Park; particular for socially and economically dis- spect that sustains this marriage. (iv) water for the preservation of fish and advantaged communities. For example, it requires that the wildlife in the natural system; and Federal Government pay half of the (v) any other legal user, as provided under (k) REPORT TO CONGRESS.—Beginning on Federal or State law in existence on the date October 1, 2005, and periodically thereafter costs of operations and maintenance. It of enactment of this Act. until October 1, 2036, the Secretary and the offers assurances to both the Federal Secretary of the Interior, in consultation (B) NO ELIMINATION.—Until a new source of and State governments regarding the water supply of comparable quantity and with the Environmental Protection Agency, use and distribution of water in the Ev- quality is available to replace the water to the Department of Commerce, and the State erglades ecosystem. Everglades res- be lost as a result of implementation of the of Florida, shall jointly submit to Congress a report on the implementation of the Plan. toration can’t work unless the execu- Plan, the Secretary shall not eliminate ex- tive branch, Congress, and State gov- isting legal sources of water, including those Such reports shall be completed not less for— often than every 5 years. Such reports shall ernment move forward hand-in-hand. (i) an agricultural or urban water supply; include a description of planning, design, and I look forward to working with my (ii) allocation or entitlement to the Semi- construction work completed, the amount of colleagues, the administration, the nole Indian Tribe of Florida under section 7 funds expended during the period covered by State, and stakeholders in this project of the Seminole Indian Land Claims Settle- the report (including a detailed analysis of to continue that cooperation and ment Act of 1987 (25 U.S.C. 1772e); the funds expended for adaptive assessment achieve the historic goal of preserving (iii) the Miccosukee Tribe of Indians of under subsection (b)(2)(C)(xi)), and the work anticipated over the next 5-year period. In the Everglades for our children and Florida; grandchildren. (iv) Everglades National Park; or addition, each report shall include— (v) the preservation of fish and wildlife. (1) the determination of each Secretary, Mr. MACK. Mr. President, I rise (C) MAINTENANCE OF FLOOD PROTECTION.— and the Administrator of the Environmental today in strong support for the Ever- The Secretary shall maintain authorized lev- Protection Agency, concerning the benefits glades restoration bill introduced els of flood protection in existence on the to the natural system and the human envi- today by my friend, and chairman of date of enactment of this Act, in accordance ronment achieved as of the date of the report the Environment and Public Works and whether the completed projects of the with current law. Committee, Senator BOB SMITH. This Plan are being operated in a manner that is (D) NO EFFECT ON STATE LAW.—Nothing in bill represents a tremendous amount of this Act prevents the State from allocating consistent with the requirements of sub- or reserving water, as provided under State section (h); and effort and hard work and I am grateful law, to the extent consistent with this Act. (2) a review of the activities performed by to all my colleagues who have joined (E) NO EFFECT ON TRIBAL COMPACT.—Noth- the Secretary under subsection (j) as they re- Senator GRAHAM and me in this effort. ing in this Act amends, alters, prevents, or late to socially and economically disadvan- Today is an important day in the otherwise abrogates rights of the Seminole taged individuals and individuals with lim- nearly twenty-year process of restoring Indian Tribe of Florida under the compact ited English proficiency. America’s Everglades. It is important among the Seminole Tribe of Florida, the Mr. GRAHAM. Mr. President, today I because we are standing at last at the State, and the South Florida Water Manage- rise with my colleagues, Senator SMITH historic juncture between planning and ment District, defining the scope and use of water rights of the Seminole Tribe of Flor- of New Hampshire, Senator BAUCUS, action. It is important because now—at ida, as codified by section 7 of the Seminole Senator VOINOVICH, and Senator MACK, long last—we have a realistic chance of Indian Land Claims Settlement Act of 1987 to introduce legislation to restore restoring, and protecting for future (25 U.S.C. 1772e). America’s Everglades. The diversity of generations, a unique environmental

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12477 treasure that is fractured, starved for and Share Insurance Adjustment Act of ‘‘(I) $100,000; multiplied by water, and locked in a steady state of 2000. ‘‘(II) the cost-of-living adjustment deter- decline. And it is important because This bill will insure that the value of mined under section 1(f)(3) of the Internal the bill we’re introducing today rep- Federal Deposit and Share Insurance is Revenue Code of 1986, for such calendar year, determined by substituting ‘calendar year resents the cumulative efforts of all not eroded by inflation and remains at 2000’ for ‘calendar year 1992’ in subparagraph those who did the work on the largest a steady value of $100,000. This legisla- (B) thereof. and most significant environmental tion will help consumers to retain their ‘‘(ii) ROUNDING.—If the amount determined restoration project in our nation’s his- confidence in financial institutions and under clause (i) is not a multiple of $1,000, tory. will provide a constant level of secu- such amount shall be rounded to the nearest Why does this bill matter? Why are rity to depositors. multiple of $1,000. the Everglades deserving of Congress’ I ask unanimous consent that the ‘‘(iii) NOTICE.—Not later than January 15 of time and effort? Let me offer a few rea- text of the bill be included in the the first year of each 3-year period referred to in clause (ii), commencing January 15, sons. This bill matters because in the RECORD. last century a wonderful, pristine nat- There being no objection, the bill was 2001, the Board shall cause to be published in the Federal Register the maximum net ural system in the heart of South Flor- ordered to be printed in the RECORD, as amount due with respect to any member ac- ida was systematically robbed of its follows: count at an insured credit union for the en- beauty and uniqueness in the name of S. 2798 suing 3-year period.’’. short-term human interest. This bill Be it enacted by the Senate and House of Rep- SEC. 4. CONFORMING AMENDMENTS. matters because the America’s Ever- resentatives of the United States of America in (a) FEDERAL DEPOSIT INSURANCE ACT.—Sec- glades is a national treasure, unique in Congress assembled, tion 11(a) of the Federal Deposit Insurance the world, and deserving of a better SECTION 1. SHORT TITLE. Act (12 U.S.C. 1821(a)) is amended— fate than what is currently written for This Act may be cited as the ‘‘Deposit and (1) in paragraph (2)(A), in the matter fol- it in the laws of this country. Our bill Share Insurance Adjustment Act of 2000’’. lowing clause (v), by striking ‘‘$100,000 per account in an amount not to exceed $100,000 matters because we Floridians—after SEC. 2. PERIODIC ADJUSTMENTS TO MAXIMUM AMOUNT OF DEPOSIT INSURANCE per account’’ and inserting ‘‘the amount de- years of acrimony and conflicting COVERAGE. termined in accordance with paragraph goals—have come together behind a Section 11(a)(1) of the Federal Deposit In- (1)(B) per account’’; and balanced plan that fully reconciles the surance Act (12 U.S.C. 1821(a)(1)) is amended, (2) in paragraph (3)(A)(iii), by striking needs of the natural system with those by striking subparagraph (B) and inserting ‘‘$100,000’’ and inserting ‘‘the amount deter- of the existing water users. And the the following: mined in accordance with paragraph (1)(B)’’. restoration matters—to us, as legisla- ‘‘(B) NET AMOUNT OF INSURED DEPOSIT.— (b) FEDERAL CREDIT UNION ACT.—Section tors—because past Congresses caused ‘‘(i) IN GENERAL.—Subject to the adjust- 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended— this problem, and we in our generation ments to be made pursuant to clause (ii), the net amount due to any depositor under this (1) in paragraph (2)(A), in the matter fol- should fix it. lowing clause (v), by striking ‘‘in an amount It has been well documented how the Act at an insured depository institution shall not exceed $100,000, as determined in not to exceed $100,000 per account’’ and in- Congress in 1948—acting under the accordance with this subparagraph and sub- serting ‘‘the amount determined in accord- pressures of the day—authorized the paragraphs (C) and (D). ance with paragraph (1)(B) per account’’; and systematic destruction of the Ever- ‘‘(ii) ADJUSTMENTS.—For the calendar year (2) in paragraph (3), by striking ‘‘in the glades in the name of flood control, commencing January 1, 2001, and for each amount of $100,000 per account’’ and insert- urban development, and agriculture. subsequent 3-year period, the maximum net ing ‘‘in an amount not to exceed the amount That is history and we cannot change amount due to any depositor at an insured determined in accordance with paragraph that. Instead, we must respond to the depository institution under clause (i) shall (1)(B) per account’’. needs and priorities of our own genera- be increased by an amount equal to— ‘‘(I) $100,000; multiplied by By Mr. MURKOWSKI (for him- tion, and pass this good bill to restore ‘‘(II) the cost-of-living adjustment deter- self, Mr. ABRAHAM, and Mr. America’s Everglades. mined under section 1(f)(3) of the Internal CAMPBELL): Let’s be clear, Mr. President. Passing Revenue Code of 1986, for such calendar year, S. 2799. A bill to allow a deduction for this bill, this year, is all that remains determined by substituting ‘calendar year Federal, State, and local taxes on gaso- between the long years of study and 2000’ for ‘calendar year 1992’ in subparagraph line, diesel fuel, or other motor fuel the actual restoration of America’s Ev- (B) thereof. purchased by consumers between July erglades. The administration has done ‘‘(iii) ROUNDING.—If the amount deter- mined under clause (ii) is not a multiple of 1, 2000, and December 31, 2000; to the their part in devoting a tremendous Committee on Finance. amount of time and effort on the docu- $1,000, such amount shall be rounded to the EMERGENCY FUEL TAX ACT OF 2000 ment before you. To Governor Bush’s nearest multiple of $1,000. ‘‘(iv) NOTICE.—Not later than January 15 of Mr. MURKOWSKI. Mr. President, I credit, the State of Florida has already the first year of each 3-year period referred am joined by Senator CAMPBELL and written this plan into Florida’s laws to in clause (ii), commencing January 15, Senator ABRAHAM today in introducing and arranged funding for Florida’s 2001, the Board of Directors shall cause to be legislation that will ease the burden share of the cost. There is only one published in the Federal Register the max- that the American motorist is facing task remaining: we in Congress must imum net amount due to any depositor at an every time he or she fills up at the gas pass this plan, this year, and let the insured depository institution for the ensu- pump. Those of us who are going to the work of restoration begin. ing 3-year period.’’. I urge my colleagues to join with me SEC. 3. PERIODIC ADJUSTMENTS TO MAXIMUM gas pumps lately know that we are AMOUNT OF SHARE INSURANCE starting to see gas prices at an all-time in supporting the bill we’re introducing COVERAGE. today. Thank you, Mr. President. I high. We have never had gas prices ap- Section 207(k)(1) of the Federal Credit proaching $1.75, which is the standard yield the floor. Union Act (12 U.S.C. 1787(k)(1)) is amended— (1) by striking ‘‘(1) Subject’’ and inserting price for regular gasoline in the United By Mr. ALLARD: the following: ‘‘INSURED AMOUNTS.— States today. S. 2798. A bill to amend the Federal ‘‘(1) DEFINITION OF ‘INSURED ACCOUNT’.— Our legislation recognizes that many Deposit Insurance Act to require peri- ‘‘(A) IN GENERAL.—Subject’’; consumers are facing a gasoline emer- odic cost-of-living adjustments to the (2) by inserting ‘‘, subject to the adjust- gency. They use their cars to get to amount of deposit insurance coverage ments made pursuant to subparagraph (B)’’ work, drive to day care, and take their available under that Act; to the Com- after ‘‘$100,000’’; and children to summer school. Suddenly mittee on Banking, Housing, and (3) by adding at the end the following: they are finding that filling up the ‘‘(B) ADJUSTMENTS.— Urban Affairs. family car’s gas tank is costing $50 to ‘‘(i) IN GENERAL.—For the calendar year DEPOSIT AND SHARE INSURANCE ADJUSTMENT commencing January 1, 2001, and for each $70 or even $100 in some parts of the ACT OF 2000 subsequent 3-year period, the $100,000 amount country. And in an America where the Mr. ALLARD. Mr. President, today I referred to in subparagraph (A) shall be in- Clinton-Gore administration has done am introducing the Federal Deposit creased by an amount equal to— its best for seven years to increase

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12478 CONGRESSIONAL RECORD—SENATE June 27, 2000 America’s dependence on OPEC, the Our proposal is a modest attempt to GASOLINE TAXES STATE-BY-STATE, 1998—Continued American public was lulled by the Ad- help the American family cope with Total Fed- ministration into believing that gas these extraordinary price rises. This State Other Total eral & State excise State State State prices would always remain stable and isn’t going to solve the problem of high tax 1 taxes 2 taxes cheap. The result: Nearly 50 percent of gasoline prices. We could have solved taxes 3 all vehicles sold are low-mileage sport that problem 5 or 6 years ago if we Indiana ...... 15.0 3.6 18.6 36.9 utility vehicles (SUVs). Iowa ...... 20.0 1.0 21.0 39.3 would have adopted the 1995 budget Kansas ...... 18.0 1.0 19.0 37.3 Earlier this year, I co-sponsored leg- which permitted drilling in America’s Kentucky ...... 15.0 1.4 16.4 34.7 islation that would have temporarily Louisiana ...... 20.0 0 20.0 38.3 most promising new oil area, the sliver Maine ...... 19.0 0 19.0 37.3 repealed the 4.3 cent gas tax increase of the Arctic Coastal Plain, but Presi- Maryland ...... 23.5 0 23.5 41.8 that was enacted in 1993 with Vice Massachusetts ...... 21.5 0 21.5 39.8 dent Clinton vetoed that bill, surely Michigan ...... 19.0 6.1 25.1 43.4 President AL GORE’s tie-breaking vote. with the concurrence of Vice President Minnesota ...... 20.0 2.0 22.0 40.3 Many Senators expressed concern that Mississippi ...... 18.0 2.4 20.4 38.7 GORE. So today we are dependent as Missouri ...... 17.0 0 17.0 35.3 a temporary repeal of the tax would af- never before on imported oil. The re- Montana ...... 27.0 0.8 27.8 46.1 fect the highway construction pro- Nebraska ...... 23.5 0.9 24.4 42.7 sult is the record gasoline prices. Nevada ...... 23.0 10.0 33.0 51.3 gram. Although our legislation re- I ask unanimous consent the text of New Hampshire ...... 18.0 1.7 19.7 38.0 solved that problem, all Democrats and New Jersey ...... 10.5 4.0 14.5 32.8 the Emergency Fuel Act of 2000 and the New Mexico ...... 17.0 1.0 18.0 36.3 a few Republicans rejected providing previously referenced tax tables be New York ...... 8.0 22.4 30.4 48.7 gas tax relief and the measure was de- ECORD North Carolina ...... 21.6 0.3 21.9 40.2 printed in the R . North Dakota ...... 20.0 0 20.0 38.3 feated. There being no objection, the mate- Ohio ...... 22.0 0 22.0 40.3 This is a new concept in one sense. rial was ordered to be printed in the Oklahoma ...... 16.0 1 .0 17.0 35.3 Oregon ...... 24.0 0 24.0 42.3 But it does not establish a precedent. RECORD, as follows: Pennsylvania ...... 12.0 14 .3 26.3 44.6 The bill I am introducing is to tempo- S. 2799 Rhode Island ...... 28.0 1.0 29.0 47.3 rarily reduce the burden of all gasoline South Carolina ...... 16.0 0.8 16.8 35.1 Be it enacted by the Senate and House of Rep- South Dakota ...... 21.0 2.0 23.0 41.3 taxes on the American motorist. The resentatives of the United States of America in Tennessee ...... 20.0 1.4 21.4 39.7 bill will allow individuals and families Texas ...... 20.0 0 20.0 38.3 Congress assembled, Utah ...... 24.0 0.5 24.5 42.8 to take an above-the-line deduction on SECTION 1. SHORT TITLE. Vermont ...... 19.0 1 .0 20.0 38.3 their income that they pay taxes on for Virginia ...... 17.5 0.7 18.2 36.5 This Act may be cited as the Emergency Washington ...... 23.0 0 23.0 41.3 gasoline taxes incurred between July 1 Fuel Tax Act of 2000. West Virginia ...... 20.5 4 .9 25.4 43.7 and December 31 of the year 2000. This SEC. 2. TEMPORARY INCOME TAX DEDUCTION Wisconsin ...... 25.4 3 .0 28.4 46.7 Wyoming ...... 13.0 1.0 14.0 32.3 means every taxpayer who drives will FOR FEDERAL, STATE, AND LOCAL be able to take advantage of the tax de- FUELS TAXES. U.S. averaged 4 ...... 17.8 4.8 22.6 40.9 (a) ALLOWANCE OF DEDUCTION.— duction from his or her income tax. 1 State excise taxes represent rates effective as of July 1998. (1) IN GENERAL.—In the case of the retail The deduction of gasoline taxes is 2 Largely excludes local taxes which are estimated to average approxi- sale of gasoline, diesel fuel, or other motor mately 2 cents per gallon nationwide. However, some local county taxes in not a new idea. Up until 1978, motorists fuel after June 30, 2000, and before January 1, Alabama, California, Florida, Hawaii, Nevada, New York, and Virginia are in- could deduct the State and local gaso- cluded. Includes state sales taxes, gross receipts taxes, and underground 2001, there shall be allowed to the purchaser storage tank taxes. State sales taxes, expressed in cents per gallon, are line taxes if they itemized those taxes. a deduction under section 164 of the Internal based on selected city average retail gasoline prices as of April 1998. See Legislation I have introduced today Revenue Code of 1986 in an amount equal to notes to tax tables for individual states. 3 Includes 18.3 cents per gallon federal excise tax and volume-weighted goes a step further by also permitting the Federal, State, and local taxes on the average U.S. total state taxes. the deduction of Federal gasoline sale. 4 Represents the average of state tax rates multiplied by state gasoline taxes, and it is an inclusive tax deduc- (2) DEDUCTION ALLOWED TO NONITEMIZERS.— consumption records. Sources: API Field Operations Issues Support, ‘‘State Gasoline and Diesel tion since it will allow itemizers and The deduction under subsection (a) shall be taken into account in computing adjusted Excise Taxes, July 1998,’’ the Federal Highway Administration, ‘‘Monthly nonitemizers to claim these taxes. Motor Fuel Reported by States’’; and the U.S. Energy Information Administra- gross income under section 62 of such Code. tion, ‘‘Motor Gasoline Watch.’’ and ‘‘On-Highway Diesel Retail Prices.’’ Amer- For example, if we adopt this meas- (b) TAXES IMPOSED OTHER THAN AT RE- ican Petroleum Institute. ure, and a family in my State of Alas- TAIL.—For purposes of subsection (a), any Gasoline taxes ranked by State ka has a car that gets 20 miles per gal- tax on any gasoline, diesel fuel, or other lon and they drive perhaps 9,000 miles motor fuel which is imposed other than on [Figures by cents] in the next 6 months, they will get a the retail sale shall be treated as having Hawaii ...... 54.8 $118 tax deduction; the same family in been imposed on such sale and as having Connecticut ...... 53.5 been paid by the purchaser. Nevada ...... 51.4 Michigan will get a $195 tax deduction; New York ...... 48.8 a family in Colorado will receive a $181 (c) GUIDELINES.—The Secretary of the Treasury shall establish such procedures (in- Rhode Island ...... 47.4 tax deduction. cluding the publication of tables where ap- Wisconsin ...... 46.8 Some detractors say citizens will propriate) as are necessary to enable tax- Florida ...... 46.5 have to itemize returns. Most people go payers to determine the amount of taxes for Montana ...... 46.2 to self-service gas stations where a re- which a deduction is allowed under sub- California ...... 45.6 ceipt is provided. I think most Ameri- section (a). Pennsylvania ...... 44.7 West Virginia ...... 43.8 cans would welcome this $195 or $181 (d) MOTOR FUEL.—For purposes of this sec- Michigan ...... 43.5 tax deduction. I don’t think it is too tion, the term ‘‘motor fuel’’ means any motor fuel subject to tax under subtitle D of Idaho ...... 43.4 much to ask motorists. Utah ...... 42.9 the Internal Revenue Code of 1986. The IRS will surely draft some easy- Nebraska ...... 42.8 to-use tables that will list by State the Illinois ...... 42.6 total gasoline tax burden. I have an ex- GASOLINE TAXES STATE-BY-STATE, 1998 Oregon ...... 42.4 ample of what the tables look like. I Maryland ...... 41.9 ask unanimous consent that gas tax ta- Total Fed- Washington ...... 41.4 State Other Total eral & South Dakota ...... 41.4 bles prepared by the American Petro- State excise State State State tax 1 taxes 2 taxes Delaware ...... 41.4 taxes 3 leum Institute be printed in the Ohio ...... 40.4 RECORD. Alabama ...... 16.0 3 .4 19.4 37.7 Minnesota ...... 40.4 Mr. MURKOWSKI. Mr. President, the Alaska ...... 8.0 0 8.0 26.3 Colorado ...... 40.4 Arizona ...... 18 1.0 19.0 37.3 average national price of unleaded reg- Arkansas ...... 18.5 0.2 18.7 37.0 North Carolina ...... 40.3 ular gasoline is anywhere from $1.70 to California ...... 18.0 9.2 27.2 45.5 Massachusetts ...... 39.9 $1.80 today. This weekend begins the Colorado ...... 22.0 0 22.0 40.3 Tennessee ...... 39.8 Connecticut ...... 32.0 3.1 35.1 53.4 Iowa ...... 39.4 summer driving season. Gasoline prices Delaware ...... 23.0 0 23.0 41.3 Dist. of Columbia ...... 20.0 0 20.0 38.3 Mississippi ...... 38.8 could well go above $2 a gallon in many Florida ...... 13.0 15 .1 28.1 46.4 Vermont ...... 38.4 parts of the country. As we know, they Georgia ...... 7.5 3 .4 10.9 29.2 Texas ...... 38.4 Hawaii ...... 16.0 20 .4 36.4 54.7 are already over $2.30 in Chicago, Mil- Idaho ...... 25.0 0 25.0 43.3 North Dakota ...... 38.4 waukee, and other areas. Illinois ...... 19.0 5 .2 24.2 42.5 Louisiana ...... 38.4

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0655 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12479 Gasoline taxes ranked by State—Continued In addition to improving environ- (ii) any other reporting requirement that Dist. of Columbia ...... 38.4 mental information, a law stream- the Administrator may by regulation include New Hampshire ...... 38.1 lining environmental reporting will within the meaning of the term. Alabama ...... 37.8 help businesses prevent pollution at (B) EXCLUSIONS.—The term ‘‘reporting re- Maine ...... 37.4 quirement’’ does not include— the source. Mainstream business deci- (i) the reporting of information relating to Kansas ...... 37.4 sion-makers—those who design the Arizona ...... 37.4 an emergency, except for information sub- Arkansas ...... 37.1 business’s product, decide how to make mitted as part of a routine periodic environ- Indiana ...... 37.0 it, manufacture it, and instruct cus- mental report, and except for the purpose Virginia ...... 36.6 tomers in its use—inadvertently make specified in subparagraph (C); or New Mexico ...... 36.4 the vast majority of environmental de- (ii) the reporting of information to the Ad- Oklahoma ...... 35.4 cisions at the business. When a busi- ministrator relating only to business trans- Missouri ...... 35.4 ness designs its product and the proc- actions (and not to environmental or regu- South Carolina ...... 35.2 ess for manufacturing the product, it is latory matters) between the Administrator Kentucky ...... 34.8 and a person, including information pro- New Jersey ...... 32.9 locking in its major environmental im- vided— Wyoming ...... 32.4 pacts. Streamlining environmental re- (I) in the course of fulfilling a contractual Georgia ...... 29.3 porting will make it easier for main- obligation between the Administrator and Alaska ...... 26.4 stream business decision-makers to un- the reporting person; or derstand their environmental obliga- (II) in the filing of financial claims against By Mr. LAUTENBERG (for him- tions. This will make it easier to incor- the Administrator. self and Mr. CRAPO): porate environmental considerations (C) CERTAIN DATA STANDARDS FOR REPORT- S. 2800. A bill to require the Adminis- into the design of products and produc- ING OF INFORMATION RELATING TO AN EMER- trator of the Environmental Protection tion processes, and instructions on GENCY.—The Administrator shall implement Agency to establish an integrated envi- data standards under section 3(b)(5)(A) for their use—that is, preventing pollution the reporting of information relating to ronmental reporting system; to the at the source. emergencies. Committee on Environment and Public This bill is endorsed by the National Works. Federation of Independent Businesses, SEC. 3. INTEGRATED REPORTING SYSTEM. THE STREAMLINED ENVIRONMENTAL REPORTING the Printing Industries of America, the (a) IN GENERAL.—Not later than 4 years AND POLLUTION PREVENTION ACT OF 2000 National Association of Metal Fin- after the date of enactment of this Act, the ∑ Mr. LAUTENBERG. Mr. President, I ishers, the American Electroplaters Administrator shall integrate and stream- am pleased to introduce bipartisan leg- and Surface Finishers Society, the line the reporting requirements established islation, the Streamlined Environ- Metal Finishing Suppliers Association, under laws administered by the Adminis- mental Reporting and Pollution Pre- the U.S. Public Interest Research trator for each person subject to those re- vention Act of 2000, with Senator Group, Environmental Defense, the Na- porting requirements— (1) in accordance with subsection (b); CRAPO, my colleague on the Environ- tional Environmental Trust, and the (2) to the extent not explicitly prohibited ment and Public Works Committee, as National Pollution Prevention Round- by Act of Congress; and an original cosponsor. table. I ask unanimous consent that (3) to the extent consistent with the pres- This bill will require the U.S. Envi- their statements of support, the text of ervation of the integrity, reliability, and se- ronmental Protection Agency (EPA) to the bill, and a section-by-section sum- curity of the data reported. give businesses one point of contact for mary of the bill be entered into the (b) COMPONENTS OF REPORTING SYSTEM.—In all federal environmental reporting re- RECORD. establishing the integrated reporting sys- quirements, and to otherwise minimize Mr. President, this is a bipartisan tem, to ensure consistency and facilitate use the administrative burdens of environ- win-win bill that will be good for U.S. of the system, the Administrator shall— mental reporting. This ‘‘one-stop’’ re- industry and good for the environment. (1) allow each person required to submit in- porting system will use a common no- I urge my colleagues to join Senator formation to the Administrator under re- menclature throughout and use lan- CRAPO and me in supporting this legis- porting requirements administered by the guage understandable to business peo- lation. Administrator to report the information to 1 ple, not just to environmental special- There being no objection, the mate- point of contact— rial was ordered to be printed in the (A) using a single electronic system or ists. Its electronic version will also paper form; and provide pollution prevention informa- RECORD, as follows: (B) in the case of an annual reporting re- tion to the business. The bill will also S. 2800 quirement, at 1 time during the year; give each State, tribal, or local agency Be it enacted by the Senate and House of Rep- (2)(A) allow each State, tribal, or local the option of reporting information to resentatives of the United States of America in agency that has been authorized or delegated one point of contact at EPA, which will Congress assembled, authority to implement a law administered facilitate their efforts to streamline SECTION 1. SHORT TITLE. by the Administrator to report information This Act may be cited as the ‘‘Streamlined environmental reporting. regarding any person subject to the law, as Environmental Reporting and Pollution Pre- required under the law (including a regula- Mr. President, a law streamlining en- vention Act of 2000’’. tion), agreement, or other instrument, au- vironmental reporting will obviously SEC. 2. DEFINITIONS. thorizing or delegating the authority, to re- benefit industry. It will be of great en- In this Act: port to 1 point of contact— vironmental benefit as well. High-qual- (1) ADMINISTRATOR.—The term ‘‘Adminis- (i) using a single electronic system; and ity environmental information is the trator’’ means the Administrator of the En- (ii) in the case of an annual reporting re- foundation of environmental policy- vironmental Protection Agency. quirement, at 1 time during each year; and making. Unfortunately, there are sig- (2) INTEGRATED REPORTING SYSTEM.—The (B) provide each State, tribal, or local nificant gaps and inaccuracies in the term ‘‘integrated reporting system’’ means agency that reports through the integrated the integrated environmental reporting sys- reporting system full access to the data re- environmental information reported by tem established under section 3. ported to the Administrator through the sys- businesses today. This is because envi- (3) PERSON.—The term ‘‘person’’ means an tem; ronmental reporting currently involves individual, trust, firm, joint stock company, (3) provide a reporting person, upon re- scouring several different EPA offices corporation, partnership, or association, or a quest, full access to information reported by for the applicable requirements, and facility owned or operated by the Federal the person to the Administrator, or to any then mastering a bewildering variety Government or by a State, tribal govern- State, tribal, or local agency that was subse- of reporting formats and regulatory no- ment, municipality, commission, or political quently reported to the Administrator, in a menclatures. Reducing needless com- subdivision of a State. variety of formats that includes a format (4) REPORTING REQUIREMENT.— that the person may modify by incorporating plications, as our bill does, will in- (A) IN GENERAL.—The term ‘‘reporting re- information applicable to the current report- crease compliance with reporting pro- quirement’’ means— ing period and then submit to the Adminis- grams and improve the accuracy of the (i) a routine, periodic, environmental re- trator to comply with a current reporting re- information reported. porting requirement; and quirement;

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12480 CONGRESSIONAL RECORD—SENATE June 27, 2000 (4)(A) consult with heads of other Federal (10) establish an electronic commerce serv- with facilities in more than 1 State, tribal, agencies to identify environmental or occu- ice center, accessible through the point of or local jurisdiction, the Administrator shall pational safety or health reporting require- contact established under paragraph (1), to encourage the use of a common data format ments that are not administered by the Ad- provide technical assistance, as necessary by any State, tribal, or local agency coordi- ministrator; and and feasible, to each person that elects to nating with the Administrator under sub- (B) as part of the electronic version of the submit applicable electronic reports; section (a). integrated reporting system, post informa- (11) provide each reporting person access, (d) PROVISION OF INFORMATION.—At the re- tion that provides direction to the reporting through the point of contact established quest of the Administrator, the head of a person in— under paragraph (1), to scientifically sound, Federal department or agency shall provide (i) identifying requirements identified publicly available information on pollution to the Administrator information on report- under subparagraph (A) to which the person prevention technologies and practices; ing requirements established under a law ad- may be subject; and (12) at the discretion of the Administrator, ministered by the agency. (ii) locating sources of information on develop, within the reporting system, dif- (e) SELECTIVE USE OF INTEGRATED REPORT- those requirements; ferent methods by which the reporting per- ING SYSTEM.—The Administrator may design (5) in consultation with a committee of son may electronically provide the required the integrated system to allow a reporting representatives of State and tribal govern- information, in order to facilitate use of the person to use the integrated reporting sys- ments, reporting persons, environmental system by different sectors, sizes, and cat- tem for some purposes and not for others. groups, information technology experts, and egories of reporting persons; SEC. 5. REGULATIONS. other interested parties (which, at the dis- (13) provide protection of confidential busi- The Administrator may promulgate such cretion of the Administrator, may occur ness information or records as defined under regulations as are necessary to carry out through a negotiated rulemaking under sub- section 552a of title 5, United States Code, so this Act. chapter IV of chapter 5 of title 5, United that each reported item of data receives pro- SEC. 6. REPORTS. States Code), implement, and update as nec- tection equivalent to the protection that Not later than 2 years after the date of en- essary, in each national information system item of data would receive if the item were actment of this Act, if the Administrator de- of the Environmental Protection Agency reported to the Administrator through termines that 1 or more provisions of law ex- that contains data reported under the re- means other than the integrated reporting plicitly prohibit or hinder the integration of porting system established under this Act, system; reporting and other actions required under data standards for— (14) develop (or cause to be developed), and this Act, the Administrator shall submit to (A) the facility site (including a facility make available free of charge through the Congress a report identifying those provi- registry identifier), geographic coordinates, Internet, software for use by the reporting sions. mailing address, affiliation, organization, person that, to the maximum extent prac- SEC. 7. SAVINGS CLAUSE. environmental interest, industrial classifica- ticable, assists the person in assembling nec- (a) IN GENERAL.—Nothing in this Act lim- tion, and individuals that have management essary data, reporting information, and re- its, modifies, affects, amends, or otherwise responsibility for environmental matters at ceiving information on pollution prevention changes, directly or indirectly, any provision the facility site; technologies and practices as described in of Federal or State law or the obligation of (B) units of measure; paragraph (9); and any person to comply with any provision of (C) chemical, pollutant, waste, and biologi- (15) provide a mechanism by which a re- law. cal identification; and porting person may, at the option of the re- (b) EFFECT.—Neither this Act nor the inte- (D) other items that the Administrator porting person, electronically transfer infor- grated reporting system shall alter or affect considers to be appropriate; mation from the data system of the report- the obligation of a reporting person to pro- (6) in consultation with the committee re- ing person to the integrated reporting sys- vide the information required under any re- ferred to in paragraph (5), implement, and tem through the use, in the integrated re- porting requirement. update as necessary, a nomenclature porting system, of— (c) REPORTING.—Nothing in this Act au- throughout the integrated reporting system (A) open data formats (such as the ASCII thorizes the Administrator to require the re- that uses terms that the Administrator be- format); and porting of information that is in addition to, lieves are understandable to reporting per- (B) a standard that enables the definition, or prohibit the reporting of, information sons that do not have environmental exper- transmission, validation, and interpretation that is reported as of the day before the date tise; of data by software applications and by orga- of enactment of this Act. (7) consolidate reporting of data that, but nizations through use of the Internet (such for consolidation under this paragraph, as the XML standard). NFIB, would be required to be reported to the inte- (c) SCOPE OF DATA STANDARDS AND NOMEN- Washington, DC, February 11, 2000. grated reporting system at more than 1 point CLATURE.—The data standards and nomen- Hon. FRANK R. LAUTENBERG, in the same data submission; clature implemented and updated under U.S. Senate, Washington, DC. (8) provide for applicable data formats and paragraphs (5) and (6) of subsection (b) shall DEAR SENATOR LAUTENBERG: On behalf of submission protocols, including procedures not affect any regulatory standard or defini- the 600,000 small business owners that make for legally enforceable electronic signature tion in effect on the date of enactment of up the National Federation of Independent in accordance with the Government Paper- this Act, except to the extent that the Ad- Business (NFIB), I would like to express sup- ministrator amends, by regulation, the work Elimination Act (44 U.S.C. 3504 note) port for the ‘‘Streamlined Environmental standard or definition. that, as determined by the Administrator— Reporting and Pollution Prevention Act of (A) conform, to the maximum extent prac- (d) USE OF REPORTING SYSTEM.—Nothing in this Act requires that any person use the in- 2000.’’ ticable, with public-domain standards for tegrated reporting system instead of an indi- The 1996 Code of Federal Regulations, electronic commerce; vidual reporting system. which is the annual listing of agency regula- (B) are accessible to a substantial majority tions, takes up 204 volumes with a total of SEC. 4. INTERAGENCY COORDINATION. of reporting persons; and 132,112 pages. According to research con- (a) IN GENERAL.—At the request of any (C) provide for the integrity and reliability Federal, State, tribal, or local agency, the ducted by the Small Business Administra- of the data reported sufficient to satisfy the Administrator shall coordinate the integra- tion, small businesses bear 63 percent of the legal requirement of proof beyond a reason- tion of reporting required under section 3 total regulatory burden. It is no wonder that able doubt; with similar efforts by the agency that, as a 1996 NFIB Education Foundation Study (9) establish a National Environmental determined by the Administrator, are con- ranked unreasonable government regula- Data Model that describes the major data sistent with this Act. tions and federal paperwork burdens as two types, significant attributes, and inter- (b) INTEGRATED REPORTING ACROSS JURIS- of the top ten problems facing small busi- relationships common to activities carried DICTIONS.—Under subsection (a), the Admin- ness. out by the Administrator and by State, trib- istrator may develop a procedure under Simplying this complex system of regula- al, and local agencies (including permitting, which a person that is required to report in- tions is a priority for NFIB. As you know, we compliance, enforcement, budgeting, per- formation under 1 or more laws administered set our positions on matters of public policy formance tracking, and collection and anal- by the Administrator and 1 or more laws ad- by regularly polling our membership. When ysis of environmental samples and results), ministered by a State, tribal, or local agency we asked small business owners whether which the Administrator shall— may report all required information— they would support the creation of a short- (A) use as the framework for databases on (1) through 1 point of contact using a sin- form reporting system, 81 percent of our which the data reported to the Adminis- gle electronic system or paper form; and members said, ‘‘yes.’’ trator through the integrated system shall (2) in the case of an annual reporting re- A group of small business owners that are be kept; and quirement, at 1 time each year. NFIB members reviewed your proposed legis- (B) allow other Federal agencies and State, (c) COMMON DATA FORMAT ACROSS JURIS- lation and they were particularly pleased tribal, and local governments to use; DICTIONS.—To facilitate reporting by persons with the following:

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The shift to a one time annual reporting NATIONAL ASSOCIATION OF METAL to advance environmental protection while requirement will save valuable time and FINISHERS, AMERICAN ELECTRO- reducing the burden associated with environ- money. PLATERS AND SURFACE FINISHERS mental reporting requirements. The legislation wisely extends the benefits SOCIETY, METAL FINISHING SUP- The bill will require EPA, within four of a simplified reporting system to small PLIERS ASSOCIATION, years, to provide businesses with one point business owners that do not have the capa- May 31, 2000. of contact for all federal environmental re- bility of reporting electronically. Hon. FRANK LAUTENBERG, porting requirements. This ‘one-stop’ report- The requirement that information on new U.S. Senate, ing system will use a common nomenclature methods and technology be made available Washington, DC. and language understandable to to assist in pollution prevention efforts will DEAR SENATOR LAUTENBERG: This letter is businesspeople, not just to environmental be helpful to small business owners that do to express our appreciation for your work on specialists. Its electronic version will also not have direct access to research and devel- environmental reporting issues, and to en- provide pollution prevention information to opment programs. dorse the bill you plan to introduce with businesses. The requirement that the U.S. environ- Senator Crapo, the ‘‘Streamlined Environ- By helping businesses identify environ- mental protection Agency (EPA) shift to using common chemical identifiers and a mental Reporting and Pollution Prevention mental reporting requirements to which common nomenclature will be helpful. Act.’’ they are subject, this new system will make Your legislation provides the EPA with a As the three leading trade and professional it easier for businesses to comply both with much-needed push towards simpler regu- associations for the nation’s surface fin- those requirements and with other environ- latory requirements. I hope that you find our ishing industry, we work to advance the via- mental laws. Using a common nomenclature comments helpful, and I look forward to bility and critical economic contribution of and simpler language will also improve the working with you on this bill and other ef- approximately 5000 manufacturing facilities, accuracy of the environmental information forts that will make it easier for small busi- which range from small ‘‘job shops’’ to For- reported. In addition, by providing informa- ness owners to comply with environmental tune 500 companies. The National Associa- tion on pollution prevention to businesses as laws. tion of Metal Finishers (NAMF) represents they report their environmental informa- Sincerely, the interests of finishing companies and tion, this system will promote pollution pre- DAN DANNER, owners, the American Electroplaters and vention. These are all objectives for which Senior Vice President, Surface Finishers Society (AESF) represents U.S. PIRG has long advocated. Federal Public Policy. technical, research and scientific personnel Thank you for your leadership in dem- associated with the industry, and the Metal onstrating once again that government can PRINTING INDUSTRIES OF AMERICA, INC., Finishing Suppliers Association (MFSA) rep- advance environmental protection while Alexandria, VA, March 8, 2000. resents a wide range of vendors of equip- helping business. Senator FRANK LAUTENBERG, ment, chemicals and environmental con- Sincerely, Washington, DC. sulting expertise. JEREMIAH BAUMANN, DEAR SENATOR LAUTENBERG: On behalf of As you know, our work during the ’90s with Environmental Advocate. the Printing Industries of America, we wish USEPA on the reinvention front has led to to express our support for the ‘‘Streamlined better environmental performance for the ENVIRONMENTAL DEFENSE, Environmental Reporting and Pollution Pre- finishing industry and constructive regu- Washington, DC, February 14, 2000. vention Act of 2000.’’ We believe that this latory change. It remains our view that one Dr. MANIK ROY, legislation is a win-win for the environment of the most significant environmental regu- Office of Senator Lautenberg, and the economy, and we look forward to latory challenges in the coming years will be U.S. Senate, Washington, DC. working with you to enact this legislation the management of the ever-increasing DEAR NIKKI: I am writing in support of the during the 106th Congress. weight and complexity of reporting burdens, intent and approach of Mr. Lautenberg’s As a trade association representing thou- particularly for small business. Your legisla- draft bill to require the Administrator of the sands of small printers, we believe the vast tion takes sensible, incremental steps to ad- Environmental Protection Agency to estab- majority of small businesses want to do the dress issues with which the Agency con- lish an integrated environmental reporting right thing by the environment, but often tinues to have great difficulty. system. they simply do not know what is required of A key project undertaken by our industry Integrating environmental reporting is a them. This legislation establishes a manda- and USEPA under the ‘‘Common Sense Ini- common sense way to make government tory duty on the EPA Administrator to de- tiative’’ is the so-called ‘‘RIITE’’ study. This work better for regulated entities as well as velop a way for businesses to fulfill all of effort applied a Business Process Re- those who seek to use public information to their annual reporting obligation in a single engineering approach to identify and evalu- advance environmental protection. When electronic filing. While there are no guaran- ate environmental reporting burdens across properly structured, these reforms can lessen tees, we believe this mandate will set in mo- the entire federal system. The results were the administrative burden on reporting enti- tion a process that leads to simplified report- compelling, and pointed to the overwhelming ties while using the ‘‘teachable moment’’ of ing and fewer duplicative request for infor- need for consolidating and streamlining the reporting to illuminate pollution prevention mation. By simplifying reporting require- reporting system. We have strongly encour- opportunities. ments, more small businesses will under- aged the Agency to attack these issues in With continued careful attention to spe- stand their reporting and compliance obliga- the context of its ‘‘Reinventing Environ- cific language, Senator Lautenberg’s legisla- tions, and we can achieve our dual goals of mental Information’’ initiative, and agency tion will make good sense for both the envi- easing regulatory burdens and improving the officials appear to be making an attempt in ronment and the economy. environment. The proposed legislation also contains im- concert with involvement from the states, Sincerely, portant protections that should address po- including New Jersey. However, discrete and KEVIN MILLS, tential concerns stakeholders. For example, meaningful changes are still on the far hori- Director, statutory impediments to integrated report- zon. Pollution Prevention Alliance. ing are not repealed, but EPA must identify Accordingly, we commend your work and such provisions within two years of enact- that of your staff, Nikki Roy, in advancing NATIONAL ENVIRONMENTAL TRUST, ment. Businesses who choose to report on sensible discussion on this issue, and look Washington, DC. paper or under the current system can con- forward to working with you on your legisla- Hon. FRANK R. LAUTENBERG, tinue to do so. A state or local agency can tive effort in the coming months. U.S. Senate, maintain its separate reporting require- Sincerely, Washington, DC. ments, or it can request EPA to collect its CHRISTIAN RICHTER, DEAR SENATOR LAUTENBERG: On behalf of data requirements on the EPA reporting sys- Director, Federal Relations. the National Environmental Trust, we wish tem. Existing protections for confidential to thank you for sponsoring ‘‘The Stream- business information are maintained. Over- U.S. PUBLIC INTEREST RESEARCH lined Environmental Reporting and Pollu- all, we believe this legislation is carefully GROUP, NATIONAL ASSOCIATION OF tion Prevention Act of 1999.’’ NET will fully tailored to address a real problem, while STATE PIRGS. support enactment of this legislation be- avoiding unnecessary controversy. We be- Hon. FRANK R. LAUTENBERG, cause it will improve environmental protec- lieve this is legislation that can and should U.S. Senate, tion and at the same time reduce the admin- be enacted this year. Washington, DC. istrative burden associated with environ- Once again, thank you for your leadership DEAR SENATOR LAUTENBERG: I am writing mental reporting. in introducing this legislation. to express U.S. PIRG’s endorsement of your This proposed legislation demonstrates Sincerely, bill, ‘‘The Streamlined Environmental Re- that it is possible to achieve a cleaner envi- BENJAMIN Y. COOPER, porting and Pollution Prevention Act 1999.’’ ronment and maintain a strong economy at Vice-President of Government Affairs. This bill presents an important opportunity the same time. If enacted, this legislation

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will provide business with ‘‘one-stop’’ report- THE STREAMLINED ENVIRONMENTAL REPORT- (7) Information that would otherwise be re- ing through a single point of contact for all ING AND POLLUTION PREVENTION ACT OF ported at more than one point in the same federal environmental reporting require- 2000—SUMMARY data submission is reported only once. ments, which will reduce redundancies and Section 1. Short title (8) The reporting system uses protocols paperwork. By making it easier to report, This Act may be cited as the ‘‘Streamlined consistent with the Government Paperwork compliance should improve. The provisions Elimination Act and public-domain stand- for pollution prevention ‘‘feedback’’ through Environmental Reporting and Pollution Pre- vention Act of 2000.’’ ards for electronic commerce. the new system will assist businesses in (9) EPA establishes a National Environ- achieving cleaner operations. Sec. 2. Definitions mental Data Model to use as the framework We thank you for your leadership in intro- Administrator means the Administrator of for EPA databases on which reported data is ducing this important legislation which will the U.S. Environmental Protection Agency kept. The data model is made available for reduce businesses’ costs of environmental re- (EPA). use by other Federal, State, tribal, and local porting and compliance and at the same time Integrated reporting system means the sys- agencies, as their discretion. result in vast improvement in environmental tem established under section 3 of this Act. (10) Reporting persons may receive tech- performance. Person includes both private and govern- nical assistance from an electronic com- Sincerely, ment facilities. merce service center that is accessible PATRICIA G. KENWORTHY, Reporting requirement means a routine, through the reporting system. Vice President, periodic, environmental reporting require- (11) Reporting persons may receive sci- Government Affairs. ment. The term refers neither to most emer- entifically-sound publicly-available informa- gency information, nor to business trans- tion on pollution prevention technologies NATIONAL POLLUTION action information (e.g. information sub- and practices through the reporting system. PREVENTION ROUNDTABLE, mitted by EPA contractors). (12) EPA may develop different ‘‘inter- December 22, 1999. Sec. 3. Integrated environmental reporting faces’’ for the reporting system to facilitate Hon. FRANK R. LAUTENBERG, use by different sectors, sizes, and categories U.S. Senate, (a) Within 4 years of enactment, EPA inte- of reporting persons. Washington, DC. grates and streamlines its reporting require- (13) Each reported data element receives DEAR SENATOR LAUTENBERG: I am writing ments in accordance with subsection (b), to on behalf of the National Pollution Preven- the extend not prohibited by Act of Con- protection equivalent to that provided under tion Roundtable (National Roundtable), to gress, and in a manner consistent with the current law to protect confidential business express the National Roundtable’s endorse- preservation of the integrity, reliability, and information and privacy. ment of your bill, ‘‘the Streamlined Environ- security of the data reported. (14) EPA develops and disseminates soft- mental Reporting and Pollution Prevention (b) The integrated reporting system has ware, to the maximum extent practicable, Act of 1999.’’ The bill advances concepts in- the following attributes: that helps the reporting person in assem- cluded in the National Roundtable’s pro- (1) EPA establishes one point of contact bling necessary data, reporting information, posed amendments to strengthen the Pollu- through which reporting persons may submit and receiving pollution prevention informa- tion Prevention Act of 1990. all information required by EPA reporting tion under paragraph (11). The bill will require EPA, within four requirements. The information may be sub- (15) The reporting system uses an ‘‘open years, to provide each business with one mitted in paper form or through electronic data format’’ (such as ASCII format) that al- point of contact for all federal environ- media, such as an EPA webpage. This provi- lows persons to download information from mental reporting requirements. This ‘‘one- sion operates at the discretion of the report- their own internal data management sys- stop’’ reporting system will use language un- ing person. (See subsection (c).) tems directly to the integrated reporting derstandable to business people, not just to (2)(A) Each State, tribal, or local agency system. This provision operates at the dis- environmental specialists. In addition, the that receives information on a reporting per- cretion of the reporting person. ‘‘one-stop’’ reporting system will simplify son which it then must report to EPA (for (c) Existing regulatory definitions are not reporting due to the use of common nomen- example, under a delegation agreement) is modified by the data standards and nomen- clature. The electronic version will also pro- allowed to submit such information to one clature implemented under paragraphs (5) vide pollution prevention information to point of contact at EPA. This provision oper- and (6) above unless amended by regulation. businesses. ates at the discretion of the State, tribal, or (d) Nothing in this Act requires any person Obviously, a law that streamlines environ- local agency, and facilitates such agencies’ to use the integrated electronic reporting mental reporting will benefit industry by al- efforts to streamline their own reporting re- system instead of an individual reporting lowing them to spend less time on reporting quirements. (See Section 5.) system. and more on actually preventing pollution (2)(B) Each State, tribal, or local agency and other substantive environmental im- Sec. 4. Interagency coordination that reports through the integrated report- provements. (a) EPA coordinates with State, tribal and Mainstream business decision-makers— ing system has full access to the data re- local efforts that EPA believes consistent those who design the business’s products, de- ported to EPA through the system. this Act, at the request of the State, tribal cide how to make it, then proceed to produce (3) A reporting person has full access to or local agency. (See section 3(b)(2).) it and instruct customers on its use and dis- any information it reports to EPA and to (b) Under subsection (a), EPA may coordi- posal—make the vast majority of environ- State, tribal, or local agencies that is subse- nate with a State, tribal, or local agency to mental decisions in our society. Unfortu- quently reported to EPA. In order to ease fu- establish a reporting system that integrates nately, many times such decisions are made ture reporting, EPA provides the person the reporting to both EPA and the other agency. without consideration of their environ- information in a modifiable format, allowing (c) To ease reporting by persons with fa- mental consequences. This is largely due to the person to update the information on the cilities in several jurisdictions, EPA encour- the complexity of environmental regula- form and send it in to comply with a current ages the use of a common data format by tions, which typically lead businesses to hire reporting requirement. any State, tribal, or local agency coordi- (4) The reporting system directs the re- environmental specialists, who often act in nating with EPA under subsection (a). porting person to information on applicable isolation of product and process designers. (d) Other Federal agencies provide EPA in- OSHA reporting requirements and environ- Streamlining environmental reporting will formation on their reporting requirements. mental reporting requirements administered make it easier for mainstream business deci- (e) EPA may design the integrated report- by other Federal agencies. sion-makers to understand their environ- ing system to allow a reporting person to use (5) The reporting system uses consistent mental obligations and incorporate environ- it to comply with some requirements and not units of measure and consistent terms for mental considerations into the design and others. production of their products. Streamlined re- chemicals, pollutants, waste, and biological Sec. 5. Regulations porting is a critical tool needed to meet the material. It also uses a standard method of challenging pollution problems of the 21st identifying reporting facilities. EPA devel- EPA may promulgate such regulations as century. ops such ‘‘data standards’’ in consultation are necessary to carry out this Act. If you have any questions about our com- with State and tribal governments, reporting Sec. 6. Reports ments or about the National Roundtable persons (i.e. industry), environmental Within 2 years of enactment, EPA reports please have your staff contact either Natalie groups, and information technology experts. to Congress those provisions of law that pro- Roy or Michele Russo in our Washington (If EPA prefers, the data standards may be hibit or hinder implementation of this Act. D.C. office at 202/466–P2P2. We look forward developed through a negotiated rulemaking to working more closely with you on this im- with the stakeholders.) Sec. 7. Savings clause portant piece of legislation. (6) The reporting system uses a nomen- (a) Nothing in this Act affects any provi- Sincerely, clature that uses terms understandable to sion of Federal or State law or the obligation PATRICIA GALLAGHER, reporting persons that do not have environ- of any person to comply with any provision Chair, Board of Directors. mental expertise. of law.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12483 (b) Nothing in this Act affects the obliga- and will ensure that any further pur- But the Chinese are also active in tion of a reporting person to provide the in- chase of property by the news agency traditional methods of intelligence formation required under any reporting re- will be pursuant to the Foreign Mis- gathering, which brings us to the sub- quirement. sions Act. ject of my legislation. Especially in the (c) Nothing in this Act authorizes new re- By prohibiting funds for further ne- porting requirements or requires the elimi- wake of U.S. military success in the nation of existing reporting requirements.∑ gotiations until this violation of U.S. Gulf War, the acquisition of advanced law is resolved, this second provision U.S. military technology has been a By Mr. SHELBY: will also ensure that this issue is han- primary thrust of PRC espionage and S. 2801. A bill to prohibit funding of dled separately from on-going negotia- intelligence collection efforts. the negotiation of the move of the Em- tions to relocate both the U.S. Em- If you want money, and if you are so bassy of the People’s Republic of China bassy in Beijing and the Chinese Em- inclined, you rob a bank because, as a in the United States until the Sec- bassy in Washington, DC. bank robber Willy Sutton famously ob- retary of State has required the dives- The potential for this building to be served: ‘‘that’s where the money is.’’ titure of property purchased by the a source of unparalleled espionage is If you want information on the most Xinhua News Agency in violation of not a theoretical matter. While there is advanced military power in the world, the Foreign Missions Act; read the first nothing new about PRC spying, as an the Pentagon is where the information time. emerging economic and military is. I am hopeful that this bill can be THE CHINESE NEWS AGENCY DIVESTITURE ACT power, China increasingly challenges OF 2000 vital U.S. interests around the globe taken up and passed quickly by the Mr. SHELBY. Mr. President, the through its aggressive security and in- Senate and the House in order to en- Washington Times reported last week telligence service—employing both tra- sure that the divestiture occurs in an that the Chinese Government-owned ditional intelligence methods as well orderly and speedy manner. Mr. President, this is a serious mat- news agency, Xinhua, had purchased as non-traditional methods such as ter. property on Arlington Ridge Road in open source collection, elicitation, and exploitation of scientific and commer- Virginia a location that overlooks the By Mr. WELLSTONE: Pentagon and has direct line of sight to cial exchanges. In December 1999, the Director of S. 2802. A bill to amend the Equity in many of our key Government buildings Central Intelligence and the Director Educational Land-Grant Status Act of including this Capitol and the White of the FBI reported to the Intelligence 1994 to add White Earth Tribal and House. Committee, in unclassified form, that: Community College to the list of 1994 In fact, the property is so appealing Institutions; to the Committee on that the East Germans bought it in the As the most advanced military power with respect to equipment and strategic capabili- Health, Education, Labor, and Pen- early 1980s, which led Congress to ties, the United States continues to be the sions. amend the Foreign Missions Act. [Military Intelligence Department of the DESIGNATION OF WHITE EARTH TRIBAL & COM- The Secretary of State, through the People’s Republic of China]’s primary target. MUNITY COLLEGE AS A 1994 LAND GRANT INSTI- Foreign Missions Act, has broad au- The DCI went on to report: TUTION thority to oversee the purchase of During the past 20 years, China has estab- Mr. WELLSTONE. Mr. President, I buildings in the United States by for- lished a notable intelligence capability in am introducing legislation today which eign government entities. Under the the United States through its commercial will add the White Earth Tribal & Com- Act certain identified governments are presence. munity College of Mahnomen, Min- required to notify the State Depart- And added that China’s commercial nesota to the list of 1994 Land Grant ment of their intent to purchase prop- entities play a significant role in pur- Institutions. Designation as a 1994 land erty in the United States. China is one suit of U.S. proprietary information grant institution would give White such country. and trade secrets. Earth Tribal & Community College ac- The Secretary of State then has 60 One of China’s greatest successes has cess to critical federal funding and re- days to review the sale, and receive been its collection against the U.S. nu- sources made available under the Eq- input from the Secretary of Defense clear weapons labs. As the U.S. Intel- uity in Educational Land-Grant Status and the Director of the FBI. She has ligence Community concluded last Act of 1994 as well as providing eligi- the option to disapprove the sale dur- year: bility for other programs. ing this period. China obtained by espionage classified U.S. Tribal colleges provide their students None of this occurred—despite the nuclear weapons information, [including] at and their communities at-large with fact that China was notified in 1985 least basic design information on several otherwise non-existent opportunities. that its news agency was required to modern U.S. nuclear reentry vehicles, in- They serve as library facilities for his- follow these procedures—and on June cluding the Trident II (W88). torical tribal documents—things like 15 the sale was finalized. The special advisory panel of the the oral history of elders that might The Foreign Missions Act provides President’s Foreign Intelligence Advi- otherwise be lost in time. They pro- the Secretary of State with the author- sory Board PFIAB concluded: mote pride in their shared tribal back- ity to remedy this violation of law. [T]he nature of the intelligence-gathering ground, and they provide unique oppor- Under section 205 of the act, the Sec- methods used by the People’s Republic of tunities for learning about this back- retary may force the news agency to China poses a special challenge to the U.S. in ground. They are a center of learning divest itself of the property. general and the [DOE] weapons labs in par- for the entire community—not only ticular.... The Chinese services have be- The legislation I am introducing come very proficient in the art of seemingly learning about their tribal history, but today will ensure that this broad au- innocuous elicitations of information. This also the basic learning that enables thority is used. approach has proved very effective against some to continue adult education, The legislation has two basic require- unwitting and ill-prepared DOE personnel. some to go on to 4-year institutions ments: First, it requires the Secretary In another example, an investigation and some to finish graduate school. of State to report to the Intelligence by the Senate Select Committee on In- The colleges also offer a place for alco- and Foreign Relations Committees telligence concluded that U.S. officials hol abuse workshops, job training sem- whether she intends to force the news ‘‘failed to take seriously enough the inars, and in some cases even day care agency to divest itself of the property. counterintelligence threat’’ in launch- centers. These colleges can offer bene- Second, the bill prohibits any State ing U.S. satellites on PRC rockets. fits for all people in their communities, Department funds from being used to Technology transfers in the course of which is why we should offer our help negotiate with the Chinese on the relo- U.S.-PRC satellite launches: to those tribal colleges who dem- cation of the Chinese Embassy in Enable the PRC to improve its present and onstrate their ability to serve their Washington until she certifies that she future space launch vehicle and interconti- students and their community in this has instituted divestiture proceedings nental ballistic missile. way.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12484 CONGRESSIONAL RECORD—SENATE June 27, 2000 The purpose of the 1994 land-grant the United States appertaining to S. 2386 act was to enable tribal colleges to re- United States cruise vessels, and for At the request of Mrs. FEINSTEIN, the ceive funds to build their programs, en- other purposes. name of the Senator from Oregon (Mr. hance their infrastructure, and educate S. 1608 WYDEN) was added as a cosponsor of S. 2386, a bill to extend the Stamp Out their communities. However, new trib- At the request of Mr. WYDEN, the Breast Cancer Act. al colleges, founded since 1994 are not name of the Senator from Mississippi S. 2434 automatically eligible for land grant (Mr. COCHRAN) was added as a cospon- status, they must be so designated by sor of S. 1608, a bill to provide annual At the request of Mr. L. CHAFEE, the legislation. One such college is the payments to the States and counties name of the Senator from Texas (Mrs. HUTCHISON) was added as a cosponsor of White Earth Tribal & Community Col- from National Forest System lands S. 2434, a bill to provide that amounts lege in Mahnomen, Minnesota. Found- managed by the Forest Service, and allotted to a State under section 2401 of ed in 1997, this college is now the cen- the revested Oregon and California the Social Security Act for each of fis- ter of learning for approximately 100 Railroad and reconveyed Coos Bay cal years 1998 and 1999 shall remain students. Their courses cover a wide Wagon Road grant lands managed pre- available through fiscal year 2002. range of material including math, his- dominately by the Bureau of Land tory, computer science, and business Management, for use by the counties in S. 2459 At the request of Mr. ROTH, his name communications. The college is cur- which the lands are situated for the was added as a cosponsor of S. 2459, a rently seeking accreditation and is a benefit of the public schools, roads, bill to provide for the award of a gold member of the American Indian Higher emergency and other public purposes; medal on behalf of the Congress to Education Consortium (AIHEC). White to encourage and provide new mecha- former President Ronald Reagan and Earth Tribal & Community College is nisms for cooperation between counties his wife Nancy Reagan in recognition also recognized by its peers as an im- and the Forest Service and the Bureau of their service to the Nation. portant place of higher learning. Other of Land Management to make nec- local colleges, such as Moorhead State At the request of Mr. GREGG, his essary investments in Federal lands, name was added as a cosponsor of S. University, Northwest Technical Col- and reaffirm the positive connection lege, and Northland Community and 2459, supra. between Federal Lands counties and At the request of Mr. FRIST, his name Technical College, accept its transfer Federal Lands; and for other purposes. credits. was added as a cosponsor of S. 2459, S. 2100 Mr. President, we should offer this supra. At the request of Mr. ROBERTS, his college the opportunity it deserves to At the request of Mr. EDWARDS, the name was added as a cosponsor of S. expand and strengthen its efforts to en- name of the Senator from Nevada (Mr. 2459, supra. hance the lives of everyone around it. BRYAN) was added as a cosponsor of S. S. 2585 Giving White Earth Tribal & Commu- 2100, a bill to provide for fire sprinkler At the request of Mr. GRAHAM, the nity College the same federal land- systems in public and private college name of the Senator from Missouri grant status that we gave other tribal and university housing and dor- (Mr. ASHCROFT) was added as a cospon- colleges in 1994 is a matter of basic eq- mitories, including fraternity and so- sor of S. 2585, a bill to amend titles IV uity. Adoption of this legislation would rority housing and dormitories. and XX of the Social Security Act to signal a willingness to continue our S. 2274 restore funding for the Social Services support of new tribal colleges in their At the request of Mr. GRASSLEY, the Block Grant, to restore the ability of efforts to enhance education in their names of the Senator from Utah (Mr. the States to transfer up to 10 percent communities. BENNETT), the Senator from Idaho (Mr. of TANF funds to carry out activities CRAPO), the Senator from New Mexico f under such block grant, and to require (Mr. DOMENICI), and the Senator from ADDITIONAL COSPONSORS an annual report on such activities by New Jersey (Mr. TORRICELLI) were the Secretary of Health and Human S. 1150 added as cosponsors of S. 2274, a bill to Services. At the request of Mr. HATCH, the amend title XIX of the Social Security name of the Senator from Idaho (Mr. Act to provide families and disabled S. 2587 At the request of Mr. NICKLES, the CRAPO) was added as a cosponsor of S. children with the opportunity to pur- 1150, a bill to amend the Internal Rev- chase coverage under the medicaid pro- name of the Senator from Alabama enue Code of 1986 to more accurately gram for such children. (Mr. SESSIONS) was added as a cospon- sor of S. 2587, a bill to amend the Inter- codify the depreciable life of semicon- S. 2293 ductor manufacturing equipment. nal Revenue Code of 1986 to simplify At the request of Mr. SANTORUM, the the excise tax on heavy truck tires. S. 1159 name of the Senator from Kansas (Mr. S. 2609 At the request of Mr. STEVENS, the ROBERTS) was added as a cosponsor of At the request of Mr. CRAIG, the names of the Senator from New Jersey S. 2293, a bill to amend the Federal De- names of the Senator from Utah (Mr. (Mr. LAUTENBERG) and the Senator posit Insurance Act and the Federal HATCH) and the Senator from North from Montana (Mr. BURNS) were added Home Loan Bank Act to provide for the Carolina (Mr. HELMS) were added as co- as cosponsors of S. 1159, a bill to pro- payment of Financing Corporation in- sponsors of S. 2609, a bill to amend the vide grants and contracts to local edu- terest obligations from balances in the Pittman-Robertson Wildlife Restora- cational agencies to initiate, expand, deposit insurance funds in excess of an tion Act and the Dingell-Johnson Sport and improve physical education pro- established ratio and, after such obli- Fish Restoration Act to enhance the grams for all kindergarten through gations are satisfied, to provide for re- funds available for grants to States for 12th grade students. bates to insured depository institu- fish and wildlife conservation projects, S. 1333 tions of such excess reserves. and to increase opportunities for rec- At the request of Mr. WYDEN, the S. 2357 reational hunting, bow hunting, trap- name of the Senator from Louisiana At the request of Mr. REID, the name ping, archery, and fishing, by elimi- (Ms. LANDRIEU) was added as a cospon- of the Senator from New Mexico (Mr. nating chances for waste, fraud, abuse, sor of S. 1333, a bill to expand home- BINGAMAN) was added as a cosponsor of maladministration, and unauthorized ownership in the United States. S. 2357, a bill to amend title 38, United expenditures for administration and S. 1510 States Code, to permit retired mem- implementation of those Acts, and for At the request of Mr. MCCAIN, the bers of the Armed Forces who have a other purposes. name of the Senator from California service-connected disability to receive S. 2689 (Mrs. BOXER) was added as a cosponsor military retired pay concurrently with At the request of Ms. LANDRIEU, the of S. 1510, a bill to revise the laws of veterans’ disability compensation. name of the Senator from Alabama

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12485

(Mr. SESSIONS) was added as a cospon- (Mr. SESSIONS) was added as a cospon- the fiscal year ending September 30, sor of S. 2689, a bill to authorize the sor of S. Res. 304, a resolution express- 2001, and for other purposes. President to award a gold medal on be- ing the sense of the Senate regarding half of Congress to Andrew Jackson the development of educational pro- f Higgins (posthumously), and to the D- grams on veterans’ contributions to day Museum in recognition of the con- the country and the designation of the SENATE RESOLUTION 328—TO COM- tributions of Higgins Industries and week that includes Veterans Day as MEND AND CONGRATULATE THE the more than 30,000 employees of Hig- ‘‘National Veterans Awareness Week’’ LOUISIANA STATE UNIVERSITY gins Industries to the Nation and to for the presentation of such edu- TIGERS ON WINNING THE 2000 world peace during World War II. cational programs. COLLEGE WORLD SERIES S. 2703 AMENDMENT NO. 3198 Ms. LANDRIEU (for herself and Mr. At the request of Mr. AKAKA, the At the request of Mr. REID, the name BREAUX) submitted the following reso- name of the Senator from Vermont of the Senator from New Mexico (Mr. lution; which was considered and (Mr. JEFFORDS) was added as a cospon- BINGAMAN) was added as a cosponsor of agreed to: sor of S. 2703, a bill to amend the provi- amendment No. 3198 proposed to S. S. RES. 328 sions of title 39, United States Code, re- 2549, an original bill to authorize ap- Whereas the Louisiana State University lating to the manner in which pay poli- propriations for fiscal year 2001 for baseball team completed the year with 13 cies and schedules and fringe benefit military activities of the Department consecutive wins, with a record of 4–0 in the programs for postmasters are estab- of Defense, for military construction, Southeastern Conference tournament, 3–0 in lished. and for defense activities of the De- Subregional action, 2–0 in Super Regional S. 2739 contests and 4–0 in the College World Series, partment of Energy, to prescribe per- ending its exciting season by defeating the At the request of Mr. LAUTENBERG, sonnel strengths for such fiscal year the names of the Senator from Massa- previously undefeated Stanford Cardinal 6–5 for the Armed Forces, and for other on June 17, 2000, in Omaha, Nebraska, to win chusetts (Mr. KERRY), the Senator from purposes. its fifth national championship in 10 years; New Mexico (Mr. BINGAMAN), the Sen- AMENDMENT NO. 3551 Whereas Louisiana State University firmly ator from Missouri (Mr. BOND), the At the request of Mr. L. CHAFEE, the established itself as the dominant college Senator from Illinois (Mr. FITZ- names of the Senator from Oregon (Mr. baseball team of the decade, winning the GERALD), and the Senator from Texas College World Series title in 1991, 1993, 1996, SMITH), the Senator from Nevada (Mr. (Mrs. HUTCHISON) were added as cospon- and 1997; BRYAN), the Senator from Ohio (Mr. sors of S. 2739, a bill to amend title 39, Whereas Louisiana State University fin- United States Code, to provide for the DEWINE), the Senator from Hawaii (Mr. ished with a regular season record of 46-12 issuance of a semipostal stamp in order INOUYE), the Senator from Indiana (Mr. and a team batting average of .341; Whereas Louisiana State University’s sen- to afford the public a convenient way LUGAR), the Senator from California (Mrs. FEINSTEIN), and the Senator from ior catcher, Brad Cresse, distinguished him- to contribute to funding for the estab- self in the championship game and through- lishment of the World War II Memo- Minnesota (Mr. GRAMS) were added as cosponsors of amendment No. 3551 pro- out the season as one of the premier players rial. in all of college baseball, leading the nation posed to S. 2522, an original bill mak- S. 2769 by hitting a total of 30 home runs in 2000; ing appropriations for foreign oper- At the request of Mr. MACK, his name Whereas Louisiana State University’s sen- was added as a cosponsor of S. 2769, a ations, export financing, and related ior right-handed pitcher, Trey Hodges, who bill to authorize funding for National programs for the fiscal year ending earned the Most Outstanding Player Award of the College World Series, gave up just 2 Instant Criminal Background Check September 30, 2001, and for other pur- poses. hits and 1 walk in 4 innings while striking System improvements. out 4 batters in his second victory of the Col- AMENDMENT NO. 3602 S. 2790 lege World Series, personifying the persist- At the request of Mr. FITZGERALD, At the request of Mr. BOND, the name ence and competitiveness that carried Lou- the name of the Senator from Michigan of the Senator from Washington (Mr. isiana State University throughout the year; (Mr. ABRAHAM) was added as a cospon- GORTON) was added as a cosponsor of Whereas Louisiana State University’s sor of S. 2790, a bill instituting a Fed- amendment No. 3602 proposed to H.R. coach, Skip Bertman, named The Collegiate eral fuels tax holiday. 4577, a bill making appropriations for Baseball Newspaper’s National Coach of The Year, has never allowed the Tigers to lose a S. 2791 the Departments of Labor, Health and Human Services, and Education, and College World Series championship game; At the request of Mrs. HUTCHISON, the Whereas Coach Skip Bertman has instilled names of the Senator from Michigan related agencies for the fiscal year end- in his players unceasing dedication and (Mr. ABRAHAM) and the Senator from ing September 30, 2001, and for other teamwork, and has inspired in the rest of us Minnesota (Mr. GRAMS) were added as purposes. an appreciation for what it means to win cosponsors of S. 2791, a bill instituting AMENDMENT NO. 3604 with dignity, integrity, and true sportsman- a Federal fuels tax suspension. At the request of Mrs. MURRAY, the ship; Whereas Louisiana State University’s S. RES. 268 names of the Senator from Delaware thrilling victory in the College World Series (Mr. BIDEN), the Senator from Con- At the request of Mr. EDWARDS, the championship game enraptured their loyal names of the Senator from Missouri necticut (Mr. DODD), the Senator from and loving fans from Baton Rouge to Shreve- (Mr. ASHCROFT) and the Senator from Virginia (Mr. ROBB), the Senator from port, taking ‘‘Tigermania’’ to new heights Connecticut (Mr. LIEBERMAN) were Minnesota (Mr. WELLSTONE), the Sen- and filling the people of Louisiana with an added as cosponsors of S. Res. 268, a ator from Massachusetts (Mr. KEN- overwhelming sense of pride, honor, and resolution designating July 17 through NEDY), the Senator from New Jersey community; and July 23 as ‘‘National Fragile X Aware- (Mr. TORRICELLI), the Senator from Whereas Louisiana State University’s na- ness Week.’’ Rhode Island (Mr. REED), the Senator tional championship spotlights one of the nation’s premier State universities, which is S. RES. 301 from New Jersey (Mr. LAUTENBERG), committed to academic and athletic excel- At the request of Mr. THURMOND, the the Senator from Nevada (Mr. REID), lence: Now, therefore, be it names of the Senator from Delaware the Senator from Michigan (Mr. Resolved, (Mr. ROTH) and the Senator from Ala- LEVIN), the Senator from Hawaii (Mr. SECTION 1. COMMENDING AND CONGRATU- bama (Mr. SHELBY) were added as co- AKAKA), and the Senator from New LATING LOUISIANA STATE UNIVER- sponsors of S. Res. 301, a resolution Mexico (Mr. BINGAMAN) were added as SITY ON WINNING THE 2000 COL- designating August 16, 2000, as ‘‘Na- cosponsors of amendment No. 3604 pro- LEGE WORLD SERIES CHAMPION- SHIP. tional Airborne Day.’’ posed to H.R. 4577, a bill making appro- The Senate commends and congratulates S. RES. 304 priations for the Departments of the Tigers of Louisiana State University on At the request of Mr. BIDEN, the Labor, Health and Human Services, winning the 2000 College World Series cham- name of the Senator from Alabama and Education, and related agencies for pionship.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12486 CONGRESSIONAL RECORD—SENATE June 27, 2000 SEC. 2. TRANSMITTAL OF RESOLUTION. SEC. ll. (a) IN GENERAL.—There is appro- ment intended to be proposed by them The Secretary of the Senate shall transmit priated $10,000,000 that may be used by the to the bill, H.R. 4577, supra; as follows: an enrolled copy of this resolution to the Director of the National Institute for Occu- At the end of title III, insert the following: chancellor of the Louisiana State University pational Safety and Health to— and Agriculture and Mechanical College in (1) establish and maintain a national data- SEC. . PART A OF TITLE I. Baton Rouge, Louisiana. base on existing needleless systems and Notwithstanding any other provision of this Act, the total amount appropriated f sharps with engineered sharps injury protec- tions; under this Act to carry out part A of title I AMENDMENTS SUBMITTED (2) develop a set of evaluation criteria for of the Elementary and Secondary Education use by employers, employees, and other per- Act of 1965 shall be $10,000,000,000. sons when they are evaluating and selecting DEPARTMENT OF LABOR needleless systems and sharps with engi- WYDEN AMENDMENT NO. 3632 APPROPRIATIONS ACT, 2001 neered sharps injury protections; (3) develop a model training curriculum to Mr. WYDEN proposed an amendment train employers, employees, and other per- to the bill, H.R. 4577, supra, as follows: SMITH OF NEW HAMPSHIRE sons on the process of evaluating needleless At the appropriate place, insert: AMENDMENT NO. 3628 systems and sharps with engineered sharps SEC. . None of the funds made available injury protections and to the extent feasible Mr. SMITH of New Hampshire pro- under this Act may be made available to any to provide technical assistance to persons entity under the Public Health Service Act posed an amendment to the bill (H.R. who request such assistance; and after September 1, 2001, unless the Director 4577) making appropriations for the De- (4) establish a national system to collect of NIH has provided to the Chairman and partments of Labor, Health and Human comprehensive data on needlestick injuries Ranking Member of the Senate Committee Services, and Education, and related to health care workers, including data on on Health, Education, Labor, and Pensions a agencies for the fiscal year ending Sep- mechanisms to analyze and evaluate preven- proposal to require a reasonable rate of re- tember 30, 2001, and for other purposes; tion interventions in relation to needlestick turn on both intramural and extramural re- as follows: injury occurrence. search by March 31, 2001. (b) DEFINITIONS.—In this section: At the appropriate place, add the fol- (1) EMPLOYER.—The term ‘‘employer’’ lowing: means each employer having an employee INHOFE (AND OTHERS) ‘‘SEC. . PURCHASE OF FETAL TISSUE. with occupational exposure to human blood AMENDMENT NO. 3633 ‘‘None of the funds made available in this or other material potentially containing Mr. INHOFE (for himself, Mr. MUR- Act may be used to pay, reimburse, or other- bloodborne pathogens. KOWSKI, and Mr. SESSIONS) proposed an wise compensate, directly or indirectly, any (2) ENGINEERED SHARPS INJURY PROTEC- amendment to the bill, H.R. 4577, abortion provider, fetal tissue procurement TIONS.—The term ‘‘engineered sharps injury contractor, or tissue resource source, for protections’’ means— supra; as follows: fetal tissue, or the cost of collecting, trans- (A) a physical attribute built into a needle At the end of title III, insert the following: ferring, or otherwise processing fetal tissue, device used for withdrawing body fluids, ac- SEC. ll. IMPACT AID. if such fetal tissue is obtained from induced cessing a vein or artery, or administering Notwithstanding any other provision of abortions.’’. medications or other fluids, that effectively this Act— reduces the risk of an exposure incident by a (1) the total amount appropriated under REID (AND BOXER) AMENDMENTS mechanism such as barrier creation, this title to carry out title VIII of the Ele- NOS. 3629–3630 blunting, encapsulation, withdrawal, retrac- mentary and Secondary Education Act of tion, destruction, or other effective mecha- 1965 shall be $1,108,200,000; Mr. REID (for himself and Mrs. nisms; or (2) the total amount appropriated under BOXER) proposed two amendments to (B) a physical attribute built into any this title for basic support payments under the bill, H.R. 4577, supra; as follows: other type of needle device, or into a non- section 8003(b) of the Elementary and Sec- AMENDMENT NO. 3629 needle sharp, which effectively reduces the ondary Education Act of 1965 shall be risk of an exposure incident. At the appropriate place, insert the fol- $896,200,000, and (3) NEEDLELESS SYSTEM.—The term lowing: (3) amounts made available under title I ‘‘needleless system’’ means a device that for the administrative and related expenses SENSE OF THE SENATE ON PREVENTION OF does not use needles for— of the Department of Labor, Health and NEEDLESTICK INJURIES (A) the withdrawal of body fluids after ini- Human Services, and Education shall be fur- SEC. ll. (a) FINDINGS.—The Senate finds tial venous or arterial access is established; ther reduced on a pro rata basis by that— (B) the administration of medication or $78,200,000. (1) the Centers for Disease Control and Pre- fluids; and vention reports that American health care (C) any other procedure involving the po- workers report 600,000-800,000 needlestick and tential for an exposure incident. HATCH (AND LEAHY) AMENDMENT sharps injuries each year; (4) SHARP.—The term ‘‘sharp’’ means any NO. 3634 (2) the occurrence of needlestick injuries is object used or encountered in a health care (Ordered to lie on the table.) believed to be widely under-reported; setting that can be reasonably anticipated to Mr. HATCH (for himself and Mr. (3) needlestick and sharps injuries result in penetrate the skin or any other part of the at least 1,000 new cases of health care work- body, and to result in an exposure incident, LEAHY) submitted an amendment in- ers with HIV, hepatitis C or hepatitis B including, but not limited to, needle devices, tended to be proposed by them to the every year; and scalpels, lancets, broken glass, broken cap- bill, H.R. 4577, supra; as follows: (4) more than 80 percent of needlestick in- illary tubes, exposed ends of dental wires and Insert at the end the following: juries can be prevented through the use of dental knives, drills, and burs. SEC. . PROVISION OF INTERNET FILTERING OR safer devices. (5) SHARPS INJURY.—The term ‘‘sharps in- SCREENING SOFTWARE BY CERTAIN (5) OSHA’s November 1999 Compliance Di- jury’’ means any injury caused by a sharp, INTERNET SERVICE PROVIDERS. rective has helped clarify the duty of em- including cuts, abrasions, or needlesticks. (a) REQUIREMENT TO PROVIDE.—Each Inter- ployers to use safer needle devices to protect (c) OFFSET.—Amounts made available net service provider shall at the time of en- their workers. However, millions of State under this Act for the travel, consulting, and tering an agreement with a residential cus- and local government employees are not cov- printing services for the Department of tomer for the provision of Internet access ered by OSHA’s bloodborn pathogen standard Labor, the Department of Health and Human services, provided to such customer, either and are not protected against the hazards of Services, and the Department of Education at no fee or at a fee not in excess of the needlesticks. shall be reduced on a pro rata basis by amount specified in subsection (c), computer (b) SENSE OF THE SENATE.—It is the sense $10,000,000. software or other filtering or blocking sys- of the Senate that the Senate should pass tem that allows the customer to prevent the legislation that would eliminate or minimize WELLSTONE (AND OTHERS) access of minors to material on the Internet. the significant risk of needlestick injury to AMENDMENT NO. 3631 (b) SURVEYS OF PROVISION OF SOFTWARE OR health care workers. SYSTEMS— (Ordered to lie on the table.) (1) SURVEYS.—The Office of Juvenile Jus- AMENDMENT NO. 3630 Mr. WELLSTONE (for himself, Mr. tice and Delinquency Prevention of the De- On page 54, between lines 10 and 11, insert KENNEDY, Mr. DODD, Mr. BINGAMAN, partment of Justice and the Federal Trade the following: and Mr. REED) submitted an amend- Commission shall jointly conduct surveys of

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the extent to which Internet service pro- ‘‘(l) IMPLEMENTATION OF INTERNET FIL- tering, and monitoring software adequately viders are providing computer software or TERING OR BLOCKING SYSTEM OR USE POLI- addresses the needs of educational institu- systems described in subsection (a) to their CIES.— tions; subscribers. In performing such surveys, nei- ‘‘(1) IN GENERAL.—No services may be pro- (2) making recommendations on how to ther the Department nor the Commission vided under subsection (h)(1)(B) to any ele- foster the development of products which shall collect personally identifiable informa- mentary or secondary school, or any library, meet such needs; and tion of subscribers of the Internet service unless it provides the certification required (3) evaluating the development and effec- providers. by paragraph (2) to the Commission or its tiveness of local Internet use policies that (2) FREQUENCY.—The survey required by designee. are currently in operation after community paragraph (1) shall be completed as follows: ‘‘(2) CERTIFICATION.—A certification under input. (A) One shall be completed not later than this paragraph with respect to a school or li- one year after the date of the enactment of SEC. 603. IMPLEMENTING REGULATIONS. brary is a certification by the school, school Not later than 100 days after the date of this Act. board, or other authority with responsibility (B) One shall be completed not later than the enactment of this Act, the Federal Com- for administration of the school, or the li- munications Commission shall adopt rules two years after that date. brary, or any other entity representing the (C) One shall be completed not later than implementing this title and the amendments school or library in applying for universal made by this title. three years after that date. service assistance, that the school or li- (c) FEES.—The fee, if any, charged and col- brary— lected by an Internet service provider for ‘‘(A) has— KERRY AMENDMENT NO. 3636 providing computer software or a system de- ‘‘(i) selected a system for its computers scribed in subsection (a) to a residential cus- (Ordered to lie on the table.) with Internet access that are dedicated to tomer shall not exceed the amount equal to Mr. KERRY submitted an amend- student use in order to filter or block Inter- the cost of the provider in providing the soft- net access to matter considered to be inap- ment intended to be proposed by him ware or system to the subscriber, including propriate for minors; and to the bill, H.R. 4577, supra; as follows: the cost of the software or system and of any ‘‘(ii) installed on such computers, or upon At the end of title III, insert the following: license required with respect to the software obtaining such computers will install on SEC. ll. Notwithstanding any other pro- or system. such computers, a system to filter or block vision of this Act— (d) APPLICABILITY.—The requirement de- scribed in subsection (a) shall become effec- Internet access to such matter; or (1) the total amount made available under tive only if— ‘‘(B)(i) has adopted and implemented an this title to carry out the technology lit- (1) 1 year after the date of the enactment Internet use policy that addresses— eracy challenge fund under section 3132 of of this Act, the Office and the Commission ‘‘(I) access by minors to inappropriate mat- the Elementary and Secondary Education determine as a result of the survey com- ter on the Internet and World Wide Web; Act of 1965 shall be $450,000,000; and pleted by the deadline in subsection (b)(2)(A) ‘‘(II) the safety and security of minors (2) amounts made available under titles I that less than 75 percent of the total number when using electronic mail, chat rooms, and and II, and this title, for administrative and of residential subscribers of Internet service other forms of direct electronic communica- related expenses at the Departments of providers as of such deadline are provided tions; Labor, Health and Human Services, and Edu- computer software or systems described in ‘‘(III) unauthorized access, including so- cation, respectively, shall be reduced on a subsection (a) by such providers; called ‘hacking’, and other unlawful activi- pro rata basis by $25,000,000. (2) 2 years after the date of the enactment ties by minors online; of this Act, the Office and the Commission ‘‘(IV) unauthorized disclosure, use, and dis- REED (AND OTHERS) semination of personal identification infor- determine as a result of the survey com- AMENDMENTS NOS. 3637–3639 pleted by the deadline in subsection (b)(2)(B) mation regarding minors; and that less than 85 percent of the total number ‘‘(V) whether the school or library, as the (Ordered to lie on the table.) of residential subscribers of Internet service case may be, is employing hardware, soft- Mr. REED (for himself, Mr. KENNEDY, providers as of such deadline are provided ware, or other technological means to limit, and Mrs. MURRAY) submitted three such software or systems by such providers; monitor, or otherwise control or guide Inter- amendments intended to be proposed or net access by minors; and (3) 3 years after the date of the enactment ‘‘(ii) provided reasonable public notice and by them to the bill, H.R. 4577, supra; as of this Act, if the Office of the Commission held at least one public hearing or meeting follows: determine as a result of the survey com- which addressed the proposed Internet use AMENDMENT NO. 3637 pleted by the deadline in subsection (b)(2)(C) policy. At the end of title III, insert the following: ‘‘(3) LOCAL DETERMINATION OF CONTENT.— that less than 100 percent of the total num- SEC. ll. GEAR UP PROGRAM. ber of residential subscribers of Internet For purposes of a certification under para- In addition to any other funds appro- service providers as of such deadline are pro- graph (2), the determination regarding what priated under this Act to carry out chapter 2 vided such software or systems by such pro- matter is inappropriate for minors shall be of subpart 2 of part A of title IV of the High- viders. made by the school board, library, or other er Education Act of 1965, there are appro- (e) INTERNET SERVICE PROVIDER DEFINED.— authority responsible for making the deter- In this section, the term ‘Internet service mination. No agency or instrumentality of priated $100,000,000, which shall become provider’ means a service provider as defined the United States Government may— available on October 1, 2001. in section 512(k)(1)(A) of title 17, United ‘‘(A) establish criteria for making such de- States Code, which has more than 50,000 sub- termination; AMENDMENT NO. 3638 scribers. ‘‘(B) review the determination made by the At the end of title III, insert the following: certifying school, school board, library, or SEC. ll. GEAR UP PROGRAM. SANTORUM AMENDMENT NO. 3635 other authority; or In addition to any other funds appro- ‘‘(C) consider the criteria employed by the Mr. SANTORUM proposed an amend- priated under this Act to carry out chapter 2 certifying school, school board, library, or of subpart 2 of part A of title IV of the High- ment to the bill, H.R. 4577, supra, as other authority in the administration of sub- er Education Act of 1965, there are appro- follows: section (h)(1)(B). priated $100,000,000. On page 92, between lines 4 and 5, insert ‘‘(4) EFFECTIVE DATE.—This subsection the following: shall apply with respect to schools and li- AMENDMENT NO. 3639 braries seeking universal service assistance TITLE VI—UNIVERSAL SERVICE FOR At the end of title III, insert the following: SCHOOLS AND LIBRARIES under subsection (h)(1)(B) on or after July 1, 2001.’’. SEC. ll. GEAR UP PROGRAM. SEC. 601. SHORT TITLE. (2) CONFORMING AMENDMENT.—Subsection In addition to any other funds appro- This title may be cited as the ‘‘Neighbor- priated under this Act to carry out chapter 2 hood Children’s Internet Protection Act’’. (h)(1)(B) of that section is amended by strik- ing ‘‘All telecommunications’’ and inserting of subpart 2 of part A of title IV of the High- SEC. 602. NO UNIVERSAL SERVICE FOR SCHOOLS er Education Act of 1965, there are appro- OR LIBRARIES THAT FAIL TO IMPLE- ‘‘Except as provided by subsection (l), all MENT A FILTERING OR BLOCKING telecommunications’’. priated $100,000,000: Provided, That these SYSTEM FOR COMPUTERS WITH (b) STUDY.—Not later than 150 days after funds are hereby designated by the Congress INTERNET ACCESS OR ADOPT the date of the enactment of this Act, the to be emergency requirements pursuant to INTERNET USE POLICIES. National Telecommunications and Informa- section 251(b)(2)(A) of the Balanced Budget (a) NO UNIVERSAL SERVICE.— tion Administration shall initiate a notice and Emergency Deficit Control Act of 1985: (1) IN GENERAL.—Section 254 of the Commu- and comment proceeding for purposes of— Provided further, That these funds shall be nications Act of 1934 (47 U.S.C. 254) is amend- (1) evaluating whether or not currently made available only after submission to the ed by adding at the end the following: available commercial Internet blocking, fil- Congress of a formal budget request by the

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President that includes designation of the SEC. ll. (a) IN GENERAL.—In addition to Higher Education Act of 1965, $9,586,800,000, entire amount of the request as an emer- amounts appropriated under this title, there of which $2,912,222,521 shall become available gency requirement as defined in such Act. is appropriated $5,000,000 to be provided to on July 1, 2001, and shall remain available the Rural Health Outreach Office of the through September 30, 2002, and of which BROWNBACK AMENDMENT NO. 3640 Health Resources and Services Administra- $6,674,577,479 shall become available on Octo- tion for the awarding of grants to commu- ber 1, 2001, and shall remain available (Ordered to lie on the table.) nity partnerships, that meet the require- through September 30, 2002, for academic Mr. BROWNBACK submitted an ments of subsection (b), to enable such part- year 2000–2001: Provided, That $6,985,399,000 amendment intended to be proposed by nerships to purchase equipment and provide shall be available for basic grants under sec- him to the bill, H.R. 4577, supra; as fol- training as provided for in subsection (c). tion 1124: Provided further, That up to lows: (b) REQUIREMENTS.—A community partner- $3,500,000 of these funds shall be available to ship meets the requirements of this sub- the Secretary on October 1, 2000, to obtain At the appropriate place, insert the fol- section if such partnership— updated local educational agency level cen- lowing: (1) is composed of local emergency re- sus poverty data from the Bureau of the Cen- SEC. ll. (a) FINDINGS.—The Senate finds sponse entities such as community training sus: Provided further, That $1,200,400,000 shall that— facilities, local emergency responders, fire be available for concentration grants under (1) Ocular Albinism is an x-linked genetic and rescue departments, police, community section 1124A: Provided further, That disorder affecting 1 in 50,000 American chil- hospitals, and local non-profit entities and $750,000,000 shall be available for targeted dren, mostly males; for-profit entities concerned about cardiac grants under section 1125 of the Elementary (2) affected patients show nystagmus, arrest survival rates; and Secondary Education Act of 1965: Pro- strabimus, photophobia, severe reduction in (2) evaluates the local community emer- vided further, That grant awards under * * * visual acuity, and loss of three dimensional gency response times to assess whether they vision due to abnormal development of the meet the standards established by national retina and optic pathways; and public health organizations such as the BROWNBACK AMENDMENT NO. 3646 (3) there is a paucity of National Institutes American Heart Association and the Amer- of Health-sponsored research in this disorder (Ordered to lie on the table.) ican Red Cross; Mr. BROWNBACK submitted an and its 5 related conditions (Fundus (3) submits to the Secretary of Health and Hypopigmentations, Macular Hypoplasia, Human Services an application at such time, amendment intended to be proposed by Iris Transillumination, Visual Pathway in such manner, and containing such infor- him to the bill, H.R. 4577, supra; as fol- Misrouting and Nystagmus). mation as the Secretary may require; and lows: (b) SENSE OF THE SENATE.—It is the Sense (4) is located in and serves a rural area (as At the end of title V, add the following: of the Senate that the National Institutes of determined by the Secretary of Health and SEC. ll. (a) Congress finds that— Health should develop and fund a research Human Services). (1) family structure and function have a initiative in cooperation with the National (c) USE OF FUNDS.—Amounts provided significant impact on children’s physical and Eye Institute into the causes of and treat- under a grant under this section shall be emotional health, academic performance, so- ments for Ocular Albinism and related dis- used— cial adjustment, and well-being; orders. (1) to purchase automated external (2) research on family structure and func- defibrillators that have been approved, or tion may prove helpful in reducing health VOINOVICH AMENDMENT NO. 3641 cleared for marketing, by the Food and Drug care costs, strengthening families, and im- Administration; and (Ordered to lie on the table.) proving the health and well-being of chil- (2) to provide defibrillator and basic life dren; and Mr. VOINOVICH submitted an support training in automated external (3) the Federal Interagency Forum on amendment intended to be proposed by defibrillator usage through the American Child and Family Statistics has rec- him to the bill, H.R. 4577, supra; as fol- Heart Association, the American Red Cross, ommended increased data collection relating lows: or other nationally recognized training to family structure and function. On page 59, line 10, insert ‘‘; to carry out courses. (b)(1)(A) The Federal officers and employ- FFSET.—Amounts made available part B of the Individuals with Disabilities (d) O ees described in paragraph (2) shall conduct under this title for the administrative and Education Act (20 U.S.C. 1411 et seq.);’’ after research relating to family structure and related expenses of the Department of Health ‘‘qualified teachers’’. function, and their impact on children. and Human Services shall be reduced by (B) In conducting the research, the officers $5,000,000. COLLINS (AND REED) AMENDMENT and employees shall collect data that de- scribe— NO. 3642 WELLSTONE AMENDMENT NO. 3644 (i) children’s living arrangements; (Ordered to lie on the table.) (Ordered to lie on the table.) (ii) children’s interactions with parents Ms. COLLINS (for herself and Mr. Mr. WELLSTONE submitted an and guardians (including non-residential par- ents); and REED) submitted an amendment in- amendment intended to be proposed by tended to be proposed by them to the (iii) the number of children who live with him to the bill, H.R. 4577, supra; as fol- biological parents, stepparents, adoptive par- bill, H.R. 4577, supra; as follows: lows: ents, or guardians, or with no parent or On page 54, between lines 10 and 11, insert On page 71, after line 25, add the following: guardian. the following: SEC. ll. (a) In addition to any amounts (2) The Federal officers and employees re- SEC. . From amounts made available appropriated under this title for the loan for- ferred to in paragraph (1) are— under this title for the Center for Substance giveness for child care providers program (A) in the Department of Health and Abuse Treatment (discretionary account), under section 428K of the Higher Education Human Services— $10,000,000 shall be used to provide grants to Act of 1965 (20 U.S.C. 1078-11), an additional (i) the Director of the National Center for local non-profit private and public entities $10,000,000 is appropriated to carry out such Health Statistics in the Centers for Disease to enable such entities to develop and expand program. Control and Prevention; activities to provide substance abuse serv- (b) Notwithstanding any other provision of (ii) the Director of the Agency for ices to homeless individuals. this Act, amounts made available under ti- Healthcare Research and Quality; tles I and II, and this title, for salaries and (iii) the Director of the National Institute COLLINS (AND OTHERS) expenses at the Departments of Labor, of Child Health and Human Development of Health and Human Services, and Education, AMENDMENT NO. 3643 the National Institutes of Health; respectively, shall be reduced on a pro rata (iv) the Assistant Secretary for Children (Ordered to lie on the table.) basis by $10,000,000. and Families; Ms. COLLINS (for herself, Mr. FEIN- (v) the Associate Administrator of the Ma- GOLD, Mr. JEFFORDS, Mr. BIDEN, Mrs. LANDRIEU AMENDMENT NO. 3645 ternal and Child Health Bureau of the Health MURRAY, Mr. ENZI, Mr. WELLSTONE, Mr. (Ordered to lie on the table.) Resources and Services Administration; and (vi) the Assistant Secretary for Planning BINGAMAN, Mr. ROBB, and Mr. KERRY) Ms. LANDRIEU submitted an amend- submitted an amendment intended to and Evaluation; and ment intended to be proposed by her to (B) in the Department of Labor, the Com- be proposed by them to the bill, H.R. the bill, H.R. 4577, supra; as follows: missioner of Labor Statistics. 4577, supra; as follows: On page 55, strike line 21 and all that fol- (c) There is authorized to be appropriated On page 54, between lines 10 and 11, insert lows through page 56, line 8, and insert the to carry out this section $5,000,000 for fiscal the following: following: year 2001.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12489 COVERDELL AMENDMENTS NOs. ISTRATION’’ under the heading ‘‘DEPART- TITLE V—CLEAN COAL TECHNOLOGIES 3647–3648 MENTAL MANAGEMENT’’ in title III, for car- Sec. 501. Credit for investment in qualifying rying out a study by the Comptroller Gen- clean coal technology. (Ordered to lie on the table.) eral of the United States, evaluating the ex- Sec. 502. Credit for production from quali- Mr. COVERDELL submitted two tent to which funds made available under fying clean coal technology. amendments intended to be proposed part A of title I of the Elementary and Sec- Sec. 503. Risk pool for qualifying clean coal by him to the bill, H.R. 4577, supra; as ondary Education Act of 1965 are allocated to technology. schools and local educational agencies with follows: TITLE VI—METHANE RECOVERY the greatest concentrations of school-age AMENDMENT NO. 3647 children from low-income families, the ex- Sec. 601. Credit for capture of coalbed meth- On page 92, between lines 4 and 5, insert tent to which allocations of such funds ad- ane gas. the following: just to shifts in concentrations of pupils TITLE VII—OIL AND GAS PRODUCTION SEC. . PROHIBITION. from low-income families in different re- Sec. 701. Credit for production of re-refined None of the funds made available under gions, States, and substate areas, the impli- lubricating oil. this Act may be used to enter into a contract cations of current distribution methods for Sec. 702. Oil and gas from marginal wells. with a person or entity that is the subject of such funds, and formula and other policy rec- Sec. 703. Deduction for delay rental pay- a criminal, civil, or administrative pro- ommendations to improve the targeting of ments. ceeding commenced by the Federal Govern- such funds to more effectively serve low-in- Sec. 704. Election to expense geological and ment and alleging fraud. come children in both rural and urban areas, geophysical expenditures. and for preparing interim and final reports TITLE VIII—RENEWABLE POWER GENERATION based on the results of the study, to be sub- AMENDMENT NO. 3648 Sec. 801. Modifications to credit for elec- mitted to Congress not later than February Strike Sec. 505 and insert the following: tricity produced from renew- 1, 2001, and April 1, 2001, respectively: Pro- ‘‘SEC. 505. Notwithstanding any other pro- able resources. vision of this Act, no funds appropriated vided further, That grant awards under sec-’’. Sec. 802. Credit for capital costs of qualified under this Act shall be used to carry out any biomass-based generating sys- program of distributing sterile needless or DOMENICI AMENDMENT NO. 3651 tem. syringes for the hypodermic injection of any (Ordered to lie on the table.) Sec. 803. Treatment of facilities using ba- illegal drug.’’ Mr. DOMENICI submitted an amend- gasse to produce energy as solid ment intended to be proposed by him waste disposal facilities eligible for tax-exempt financing. BINGAMAN (AND OTHERS) to the bill, H.R. 4577, supra; as follows: TITLE IX—STEELMAKING AMENDMENT NO. 3649 On page 4, between lines 6 and 7, insert the Mr. BINGAMAN (for himself, Mr. following: Sec. 901. Credit for investment in energy-effi- cient steelmaking facilities. REED, Mr. KENNEDY, Mrs. MURRAY, Mr. Of the funds made available under this heading for dislocated worker employment See. 902. Extension of credit for electricity to DODD, and Mr. WELLSTONE) proposed an production from steel cogenera- amendment to the bill, H.R. 4577, and training activities, $5,000,000 shall be available to the New Mexico Telecommuni- tion. supra; as follows: cations Call Center Training Consortium for TITLE X—AGRICULTURE On page 57, line 19, after ‘‘year’’ insert the such activities. Sec. 1001. Agricultural Conservation Tax following: ‘‘: Provided further, That in addi- Credit. tion to any other funds appropriated under BINGAMAN (AND OTHERS) TITLE XI—ENERGY EMERGENCIES this title, there are appropriated, under the AMENDMENT NO. 3652 authority of section 1002(f) of the Elemen- Sec. 1101. Energy Policy and Con- (Ordered to lie on the table.) servation Act Amendments. tary and Secondary Education Act of 1965, Mr. BINGAMAN (for himself, Mr. $250,000,000 to carry out sections 1116 and 1117 Sec. 1102. Annual Home Heating Readiness REID, and Mr. LEAHY) submitted an of such Act’’. Reports. amendment intended to be proposed by Sec. 1103. Summer Fill and Fuel Budgeting them to the bill, H.R. 4577, supra; as Programs. LIEBERMAN (AND OTHERS) follows: Sec. 1104. Use of Energy Futures for Fuel AMENDMENT NO. 3650 At the end, add the following: Purchases. Sec. 1105. Full Expensing of Home Heating (Ordered to lie on the table.) Division B Mr. LIEBERMAN (for himself, Mr. Oil and Propane Storage Facili- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 ties. GORTON, Mr. BAYH, Mr. BRYAN, Ms. CODE; TABLE OF CONTENTS. TITLE XII—ENERGY EFFICIENCY LANDRIEU, Mrs. LINCOLN, Mr. KOHL, and (a) SHORT TITLE.—This Act may be cited as Sec. 1201. Energy Savings Performance Con- Mr. ROBB) submitted an amendment in- the ‘Energy Security Tax Act of 2000’. (b) AMENDMENT OF 1986 CODE.—Except as tracts. tended to be proposed by them to the Sec. 1202. Weatherization. bill, H.R. 4577, supra; as follows: otherwise expressly provided, whenever in this Act an amendment or repeal is ex- TITLE XIII—ELECTRIC RELIABILITY In lieu of the matter proposed to be in- pressed in terms of an amendment to, or re- Sec. 1301. Short Title. serted, insert the following: ‘‘Higher Edu- peal of, a section or other provision, the ref- Sec. 1302. Electric Reliability Organization. cation Act of 1965, $8,986,800,000, of which erence shall be considered to be made to a $2,729,958,000 shall become available on July Title I—Energy-Efficient Property Used in section or other provision of the Internal Business 1, 2001, and shall remain available through Revenue Code of 1986. September 30, 2002, and of which $6,223,342,000 (c) TABLE OF CONTENTS.—The table of con- SEC. 101. CREDIT FOR CERTAIN ENERGY-EFFI- shall become available on October 1, 2001 and tents for this Act is as follows: CIENT PROPERTY USED IN BUSI- shall remain available through September NESS. Sec. 1. Short title; amendment of 1986 Code; 30, 2002, for academic year 2000–2001: Provided, (a) In GENERAL.—Subpart E of part IV of table of contents. That $7,113,403,000 shall be available for basic subchapter A of chapter I (relating to rules grants under section 1124 of the Elementary TITLE I—ENERGY-EFFICIENT PROPERTY USED for computing investment credit) is amended and Secondary Education Act of 1965: Pro- IN BUSINESS by inserting after section 48 the following: vided further, That up to $3,500,000 of those Sec. 101. Credit for certain energy-efficient ‘‘SEC. 48A. ENERGY CREDIT. funds shall be available to the Secretary on property used in business. ‘‘(a) IN GENERAL.—For purposes of section October 1, 2000, to obtain updated local edu- Sec. 102. Energy Efficient Commercial Build- 46, the energy credit for any taxable year is cational agency level census poverty data ing Property Deduction. the sum of— from the Bureau of the Census: Provided fur- TITLE II—NONBUSINESS ENERGY SYSTEMS ‘‘(1) the amount equal to the energy per- ther, That $1,222,397,000 shall be available for Sec. 201. Credit for certain nonbusiness en- centage of the basis of each energy property concentration grants under section 1124A of ergy systems. placed in service during such taxable year, that Act: Provided further, That, in addition TITLE III—ALTERNATIVE FUELS and to the amounts otherwise made available ‘‘(2) the credit amount for each qualified under this heading, an amount of $1,000 Sec. 301. Allocation of alcohol fuels credit to hybrid vehicle placed in service during the (which shall become available on October 1, patrons of a cooperative. taxable year. 2000) shall be transferred to the account TITLE IV—AUTOMOBILES ‘‘(b) ENERGY PERCENTAGE.— under this heading from the amount appro- Sec. 401. Extension of credit for qualified ‘‘(1) IN GENERAL.—The energy percentage priated under the heading ‘‘PROGRAM ADMIN- electric vehicles. is—

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‘‘(A) except as otherwise provided in this ‘‘(2) GEOTHERMAL ENERGY PROPERTY.— ‘‘(B) ACCOUNTING RULE FOR PUBLIC UTILITY subparagraph, 10 percent, ‘‘(A) IN GENERAL.—The term ‘geothermal PROPERTY.—In the case that combined heat ‘‘(B) in the case of energy property de- energy property’ means equipment used to and power system property is public utility scribed in clauses (i), (iii), (vi), and (vii) of produce, distribute, or use energy derived property (as defined in section 46(f)(5) as in subsection (c)(1)(A), 20 percent, from a geothermal deposit (within the mean- effect on the day before the date of the en- ‘‘(C) in the case of energy property de- ing of section 613(e)(2)), but only, in the case actment of the Revenue Reconciliation Act scribed in subsection (c)(1)(A)(v), 15 percent, of electricity generated by geothermal of 1990), the taxpayer may only claim the and power, up to (but not including) the elec- credit under subsection (a)(1) if, with respect ‘‘(D) in the case of energy property de- trical transmission state. to such property, the taxpayer uses a nor- scribed in subsection (c)(1)(A)(ii) relating to ‘‘(B) HIGH RISK GEOTHERMAL WELL.—The malization method of accounting. a high risk geothermal well, 20 percent. term ‘high risk geothermal well’ means a ‘‘(5) LOW CORE LOSS DISTRIBUTION TRANS- ‘‘(2) COORDINATION WITH REHABILITATION.— geothermal deposit (within the meaning of FORMER PROPERTY.—The term ‘low core loss The energy percentage shall not apply to section 613(e)(2)) which requires high risk distribution transformer property’ means a that portion of the basis of any property drilling techniques. Such deposit may not be distribution transformer which has energy which is attributable to qualified rehabilita- located in a State or national park or in an savings from a highly efficient core of at tion expenditures. area in which the relevant State park au- least 20 percent more than the average for ‘‘(c) ENERGY PROPERTY DEFINED.— thority or the National Park Service deter- power ratings reported by studies required (1) IN GENERAL.—For purposes of this sub- mines the development of such a deposit will under section 124 of the Energy Policy Act of part, the term ‘energy property’ means any negatively impact on a State or national 1992. property— park. ‘‘(6) QUALIFIED ANAEROBIC DIGESTER PROP- ‘‘(A) which is— ‘‘(3) ENERGY-EFFICIENT BUILDING PROP- ERTY.—The term ‘qualified anaerobic di- ‘‘(i) energy property, ERTY.— gester property’ means anaerobic digester ‘‘(ii) geothermal energy property, ‘‘(A) IN GENERAL.—The term ‘energy-effi- for manure or crop waste that achieves at ‘‘(iii) energy-efficient building property, cient building property’ means— least 65 percent efficiency measured in terms ‘‘(iv) combined heat and power system ‘‘(i) a fuel cell that— of the fraction of energy input converted to property, ‘‘(I) generates electricity and heat using an electricity and useful thermal energy. ‘‘(v) low core loss distribution transformer electrochemical process, ‘‘(7) QUALIFIED WIND ENERGY SYSTEMS property, ‘‘(II) has an electricity-only generation ef- EQUIPMENT PROPERTY.—The term ‘qualified ‘‘(vi) qualified anaerobic digester property, ficiency greater than 35 percent, and wind energy systems equipment property’ or ‘‘(III) has a minimum generating capacity means wind energy systems equipment with ‘‘(vii) qualified wind energy systems equip- of 5 kilowatts, a turbine size of not more than 50 kilowatts ment property, ‘‘(ii) an electric heat pump hot water heat- rated capacity. ‘‘(B)(i) the construction, reconstruction, or er that yields an energy factor of 1.7 or ‘‘(e) QUALIFIED HYBRID VEHICLES.—For pur- erection of which is completed by the tax- greater under standards prescribed by the poses of subsection (a)(2)— payer, or Secretary of Energy, ‘‘(1) CREDIT AMOUNT.— ‘‘(ii) which is acquired by the taxpayer if ‘‘(iii) an electric heat pump that has a ‘‘(A) IN GENERAL.—The credit amount for the original use of such property commences heating system performance factor (HSPF) each qualified hybrid vehicle with a re- with the taxpayer, of 9 or greater and a cooling seasonal energy chargeable energy storage system that pro- ‘‘(C) which can reasonably be expected to efficiency ratio (SEER) of 13.5 or greater, vides the applicable percentage of the max- remain in operation for at least 5 years, ‘‘(iv) a natural gas heat pump that has a imum available power shall be the amount ‘‘(D) with respect to which depreciation (or coefficient of performance of not less than specified in the following table: amortization in lieu of depreciation) is al- 1.25 for heating and not less than 0.60 for lowable, and cooling, ‘‘Applicable percentage Credit ‘‘(E) which meets the performance and ‘‘(v) a central air conditioner that has a amount Greater than or equal to Less than is: quality standards (if any) which— cooling seasonal energy efficiency ratio ‘‘(i) have been prescribed by the Secretary (SEER) of 13.5 or greater, 5 percent ...... 10 percent ...... $500 by regulations (after consultation with the ‘‘(vi) an advanced natural gas water heater 10 percent ...... 20 percent ...... 1,000 Secretary of Energy), and 20 percent ...... 30 percent ...... 1,500 that— 30 percent ...... 2,000 ‘‘(ii) are in effect at the time of the acqui- ‘‘(I) increases steady state efficiency and sition of the property. reduces standby and vent losses, and ‘‘(B) INCREASE IN CREDIT AMOUNT FOR RE- ‘‘(2) EXCEPTIONS.— ‘‘(II) has an energy factor of at least 0.65, GENERATIVE BRAKING SYSTEM.—In the case of ‘‘(A) PUBLIC UTILITY PROPERTY.—Such term ‘‘(vii) an advanced natural gas furnace that a qualified hybrid vehicle that actively em- shall not include any property which is pub- achieves a 95 percent AFUE, and lic utility property (as defined in section ploys a regenerative braking system which ‘‘(viii) natural gas cooling equipment— supplies to the rechargeable energy storage 46(f)(5) as in effect on the day before the date ‘‘(I) that has a coefficient of performance of the enactment of the Revenue Reconcili- system the applicable percentage of the en- of not less than .60, or ergy available from braking in a typical 60 ation Act of 1990), except for property de- ‘‘(II) that uses desiccant technology and miles per hour to 0 miles per hour braking scribed in paragraph (1)(A)(iv). has an efficiency rating of 40 percent. event, the credit amount determined under ‘‘(B) CERTAIN WIND EQUIPMENT.—Such term ‘‘(B) LIMITATIONS.—The credit under sub- subparagraph (A) shall be increased by the shall not include equipment described in section (a)(1) for the taxable year may not amount specified in the following table: paragraph (1)(A)(vii) which is taken into ac- exceed— count for purposes of section 45 for the tax- ‘‘(i) $500 in the case of property described ‘‘Applicable percentage Credit able year. in subparagraph (A) other than clauses (i) amount ‘‘(d) DEFINITIONS RELATING TO TYPES OF and (iv) thereof, Greater than or equal to Less than is: ENERGY PROPERTY.—For purposes of this sec- ‘‘(ii) $500 for each kilowatt of capacity in 20 percent ...... 40 percent ...... $250 tion— the case of a fuel cell described in subpara- 40 percent ...... 60 percent ...... 500 ‘‘(1) SOLAR ENERGY PROPERTY.— graph (A)(i), and 60 percent ...... 1,000 ‘‘(A) IN GENERAL.—The term ‘solar energy ‘‘(iii) $1,000 in the case of a natural gas property’ means equipment which uses solar heat pump described in subparagraph (A)(iv). ‘‘(2) QUALIFIED HYBRID VEHICLE.—The term energy to generate electricity, to heat or ‘‘(4) COMBINED HEAT AND POWER SYSTEM ‘qualified hybrid vehicle’, means an auto- cool (or provide hot water for use in) a struc- PROPERTY.— mobile that meets all applicable regulatory ture, or to provide solar process heat. ‘‘(A) IN GENERAL.—The term ‘combined requirements and that can draw propulsion ‘‘(B) SWIMMING POOLS, ETC., USED AS STOR- heat and power system property’ means energy from both of the following on-board AGE MEDIUM.—The term ‘solar energy prop- property— sources of stored energy: erty’ shall not include property with respect ‘‘(i) comprising a system for using the ‘‘(A) A consumable fuel. to which expenditures are properly allocable same energy source for the sequential gen- ‘‘(B) A rechargeable energy storage sys- to a swimming pool, hot tub, or any other eration of electrical power, mechanical shaft tem. energy storage medium which has a function power, or both, in combination with steam, ‘‘(3) MAXIMUM AVAILABLE POWER.—The other than the function of such storage. heat, or other forms of useful energy, term ‘maximum available power’ means the ‘‘(C) SOLAR PANELS.—No solar panel or ‘‘(ii) that has an electrical capacity of maximum value of the sum of the heat en- other property installed as a roof (or portion more than 50 kilowatts, and gine and electric drive system power or other thereof) shall fail to be treated as solar en- ‘‘(iii) that produces at least 20 percent of non-heat energy conversion devices available ergy property solely because it constitutes a its total useful energy in the form of both for a driver’s command for maximum accel- structural component of the structure on thermal energy and electrical or mechanical eration at vehicle speeds under 75 miles per which it is installed. power. hour.

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‘‘(4) AUTOMOBILE.—The term ‘automobile’ apply to solar energy property or geothermal (e) EFFECTIVE DATE.—The amendments has the meaning given such term by section energy property. made by this section shall apply to property 4064(b)(1) (without regard to subparagraphs ‘‘(B) FUEL CELL PROPERTY.—In the case of placed in service after December 31, 1999, (B) and (C) thereof). A vehicle shall not fail property that is a fuel cell described in sub- under rules similar to the rules of section to be treated as an automobile solely by rea- section (d)(3)(A)(i), this section shall apply 48(m) of the Internal Revenue Code of 1986 son of weight if such vehicle is rated at 8,500 to property placed in service after December (as in effect on the day before the date of the pounds gross vehicle weight rating or less. 31, 1999, and before January 1, 2005.’’ enactment of the Revenue Reconciliation ‘‘(5) DOUBLE BENEFIT; PROPERTY USED OUT- (b) CONFORMING AMENDMENTS.— Act of 1990). SIDE UNITED STATES, ETC., NOT QUALIFIED.—No (1) Section 48 is amended to read as fol- SEC. 102 ENERGY EFFICIENT COMMERCIAL credit shall be allowed under subsection lows: BUILDING PROPERTY DEDUCTION— (a)(2) with respect to— ‘‘SEC. 48. REFORESTATION CREDIT. ‘‘(a) IN GENERAL.—There shall be allowed ‘‘(A) any property for which a credit is al- ‘‘(a) IN GENERAL.—For purposes of section as a deduction for the taxable year an lowed under section 25B or 30, 46, the reforestation credit for any taxable amount equal to the sum of the energy effi- ‘‘(B) any property referred to in section year is 20 percent of the portion of the amor- cient commercial building amount deter- 50(b), and tizable basis of any qualified timber property mined under subsection (b). ‘‘(C) the portion of the cost of any property which was acquired during such taxable year (b) ‘‘(1) DEDUCTION ALLOWED.—For purposes taken into account under section 179 or 179A. and which is taken into account under sec- of subsection (a)— ‘‘(6) REGULATIONS.— tion 194 (after the application of section ‘‘(A) IN GENERAL.—The energy efficient ‘‘(A) TREASURY.—The Secretary shall pre- 194(b)(1)). commercial building property deduction de- scribe such regulations as may be necessary ‘‘(b) DEFINITIONS.—For purposes of this termined under this subsection is an amount or appropriate to carry out the purposes of subpart, the terms ‘amortizable basis’ and equal to energy efficient commercial build- this subsection. ‘qualified timber property’ have the respec- ing property expenditures made by a tax- ‘‘(B) ENVIRONMENTAL PROTECTION AGENCY.— tive meanings given to such terms by section payer for the taxable year. The Administrator of the Environmental 194.’’ ‘‘(B) MAXIMUM AMOUNT OF DEDUCTION.—The Protection Agency shall prescribe such regu- (2) Section 39(d) is amended by adding at amount of energy efficient commercial lations as may be necessary or appropriate the end the following: building-property expenditures taken into to specify the testing and calculation proce- ‘‘(9) NO CARRYBACK OF ENERGY CREDIT BE- account under subparagraph (A) shall not ex- dures that would be used to determine FORE EFFECTIVE DATE.—No portion of the un- ceed an amount equal to the product of— whether a vehicle meets the qualifications used business credit for any taxable year ‘‘(i) $2.25, and for a credit under this subsection. which is attributable to the energy credit de- ‘‘(ii) the square footage of the building ‘‘(7) TERMINATION.—Paragraph (2) shall not termined under section 48A may be carried with respect to which the expenditures are apply with respect to any vehicle placed in back to a taxable year ending before the date made. service during a calendar year ending before of the enactment of section 48A.’’ ‘‘(C) YEAR DEDUCTION ALLOWED.—The de- January 1, 2003, or after December 31, 2006. (3) Section 280C is amended by adding at duction under subparagraph (A) shall be al- ‘‘(f) SPECIAL RULES.—For purposes of this lowed in the taxable year in which the con- section— the end the following: ‘‘(d) CREDIT FOR ENERGY PROPERTY EX- struction of the building is completed. ‘‘(1) SPECIAL RULE FOR PROPERTY FINANCED PENSES.— ‘‘(2) ENERGY EFFICIENT COMMERCIAL BUILD- BY SUBSIDIZED ENERGY FINANCING OR INDUS- ‘‘(1) IN GENERAL.—No deduction shall be al- ING PROPERTY EXPENDITURES.—For purposes TRIAL DEVELOPMENT BONDS.— of this subsection, the term ‘energy efficient (A) REDUCTION OF BASIS.—For purposes of lowed for that portion of the expenses for en- applying the energy percentage to any prop- ergy property (as defined in section 48A(c)) commercial building property expenditures’ erty, if such property is financed in whole or otherwise allowable as a deduction for the means an amount paid or incurred for energy in part by— taxable year which is equal to the amount of efficient commercial building property in- ‘‘(i) subsidized energy financing, or the credit determined for such taxable year stalled on or in connection with new con- ‘‘(ii) the proceeds of a private activity bond under section 48A(a). struction or reconstruction of property— (within the meaning of section 141) the inter- ‘‘(2) SIMILAR RULE WHERE TAXPAYER CAP- ‘‘(A) for which depreciation is allowable est on which is exempt from tax under sec- ITALIZES RATHER THAN DEDUCTS EXPENSES.— under section 167, tion 103, the amount taken into account as If— ‘‘(B) which is located in the United States, the basis of such property shall not exceed ‘‘(A) the amount of the credit allowable for and the amount which (but for this subpara- the taxable year under section 48A (deter- ‘‘(C) the construction or erection of which graph) would be so taken into account multi- mined without regard to section 38(c)), ex- is completed by the taxpayer. plied by the fraction determined under sub- ceeds Such property includes all residential rent- paragraph (B). ‘‘(B) the amount allowable as a deduction al property, including low-rise multifamily ‘‘(B) DETERMINATION OF FRACTION.—For for the taxable year for expenses for energy structures and single family housing prop- purposes of subparagraph (A), the fraction property (determined without regard to erty which is not within the scope of Stand- determined under this subparagraph is 1 re- paragraph (1)), the amount chargeable to ard 90.1–1999 (described in paragraph (3)). duced by a fraction— capital account for the taxable year for such Such term includes expenditures for labor ‘‘(i) the numerator of which is that portion expenses shall be reduced by the amount of costs properly allocable to the on site prepa- of the basis of the property which is allo- such excess. ration, assembly, or original installation of cable to such financing or proceeds, and ‘‘(3) CONTROLLED GROUPS.—Paragraph (3) of the property. ‘‘(ii) the denominator of which is the basis subsection (b) shall apply for purposes of this ‘‘(3) ENERGY EFFICIENT COMMERCIAL BUILD- of the property. subsection.’’ ING PROPERTY.—For purposes of paragraph ‘‘(C) SUBSIDIZED ENERGY FINANCING.—For (4) Section 29(b)(3)(A)(i)(III) is amended by (2)— purposes of subparagraph (A), the term ‘sub- striking ‘‘section 48(a)(4)(C)’’ and inserting ‘‘(A) IN GENERAL.—The term ‘energy effi- sidized energy financing’ means financing ‘‘section 48A(f)(1)(C)’’. cient commercial building property’ means provided under a Federal, State, or local pro- (5) Section 50(a)(2)(E) is amended by strik- any property which reduces total annual en- gram a principal purpose of which is to pro- ing ‘‘section 48(a)(5)’’ and inserting ‘‘section ergy and power costs with respect to the vide subsidized financing for projects de- 48A(f)(2)’’. lighting, heating, cooling, ventilation, and signed to conserve or produce energy. (6) Section 168(e)(3)(B) is amended— hot water supply systems of the building by ‘‘(2) CERTAIN PROGRESS EXPENDITURE RULES (A) by striking clause (vi)(I) and inserting 50 percent or more in comparison to a ref- MADE APPLICABLE.—Rules similar to the rules the following: erence building which meets the require- of subsections (c)(4) and (d) of section 46 (as ‘‘(I) is described in paragraph (1) or (2) of ments of Standard 90.1–1999 of the American in effect on the day before the date of the en- section 48A(d) (or would be so described if Society of Heating, Refrigerating, and Air actment of the Revenue Reconciliation Act ‘solar and wind’ were substituted for ‘solar’ Conditioning Engineers and the Illuminating of 1990) shall apply for purposes of this sec- in paragraph (1)(B)),’’, and Engineering Society of North America using tion. (B) in the last sentence by striking, ‘‘sec- methods of calculation under subparagraph ‘‘(g) APPLICATION OF SECTION.— tion 48(a)(3)’’ and inserting ‘‘section (B) and certified by qualified professionals as ‘‘(1) IN GENERAL.—Except as provided by 48A(c)(2)(A)’’. provided under paragraph (6). paragraph (2) and subsection (e), this section (c) CLERICAL AMENDMENT.—The table of ‘‘(B) METHODS OF CALCULATION.—The Sec- shall apply to property placed in service sections for subpart E of part IV of sub- retary, in consultation with the Secretary of after December 31, 1999, and before January chapter A of chapter 1 is amended by strik- Energy, shall promulgate regulations which 1, 2004. ing the item relating to section 48 and in- describe in detail methods for calculating ‘‘(2) EXCEPTIONS.— serting the following: and verifying energy and power consumption ‘‘(A) SOLAR ENERGY AND GEOTHERMAL EN- ‘‘Sec. 48. Reforestation credit. and cost, taking into consideration the pro- ERGY PROPERTY.—Paragraph (1) shall not ‘Sec. 48A. Energy credit’ ’’ visions of the 1998 California Nonresidential

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ACM Manual. These procedures shall meet dures and detailed methods for calculating Column B— Column C—Period for the the following requirements: energy and power consumption and costs as ‘‘Column A—Description in the Credit period ‘‘(i) In calculating tradeoffs and energy required by the Secretary, amount the case of credit Beginning performance, the regulations shall prescribe ‘‘(II) which provides such forms as required amount is on Ending on the costs per unit of energy and power, such to be filed by the Secretary in connection as kilowatt hour, kilowatt, gallon of fuel oil, with energy efficiency of property and the 30 percent property ...... $1,000 1/1/2000 12/31/2001 40 percent property ...... 1,500 1/1/2000 12/31/2002 and cubic foot or Btu of natural gas, which deduction allowed under this subsection, and 50 percent property ...... 2,000 1/1/2000 12/31/2003 may be dependent on time of usage. ‘‘(III) which provides a notice form which ‘‘(ii) The calculational methodology shall summarizes the energy efficiency features of In the case of any new, highly energy-effi- require that compliance be demonstrated for the building and its projected annual energy cient principal residence, the credit amount a whole building. If some systems of the costs. shall be zero for any period for which a cred- building, such as lighting, are designed later ‘‘(4) ALLOCATION OF DEDUCTION FOR PUBLIC it amount is not specified for such property than other systems of the building, the PROPERTY.—In the case of energy efficient in the table under subparagraph (C). method shall provide that either— commercial building property installed on or ‘‘(2) APPLICABLE PERCENTAGE— ‘‘(I) the expenses taken into account under in public property, the Secretary shall pro- ‘‘(A) IN GENERAL.—The applicable percent- paragraph (1) shall not occur until the date mulgate a regulation to allow the allocation age shall be determined in accordance with designs for all energy-using systems of the of the deduction to the person primarily re- the following table: building are completed, sponsible for designing the property in lieu of the public entity which is the owner of ‘‘(II) the energy performance of all systems Col. B—Ap- Col. C—Period for the pe- and components not yet designed shall be as- such property. Such person shall be treated ‘‘Col. A—Description in the plicable riod sumed to comply minimally with the re- as the taxpayer for purposes of this sub- case of percentage is Beginning Ending on quirements of such Standard 90.1–1999, or section. on ‘‘(III) the expenses taken into account ‘‘(5) NOTICE TO OWNER.—The qualified indi- vidual shall provide an explanation to the 20 percent energy-eff. bldg. under paragraph (1) shall be a fraction of prop...... 20 1/1/2000 12/31/2003 such expenses based on the performance of owner of the building regarding the energy 10 percent energy-eff. bldg. less than all energy-using systems in accord- efficiency features of the building and its prop...... 10 1/1/2000 12/31/2001 projected annual energy costs as provided in Solar water heating property ... 15 1/1/2000 12/31/2006 ance with clause (iii). Photovoltaic property ...... 15 1/1/2000 12/31/2006 ‘‘(iii) The expenditures in connection with the notice under paragraph (3)(C)(ii)(III). ‘‘(6) CERTIFICATION— the design of subsystems in the building, ‘‘(B) PERIODS FOR WHICH PERCENTAGE NOT ‘‘(A) IN GENERAL.—Except as provided in such as the envelope, the heating, ventila- SPECIFIED.—In the case of any residential en- this paragraph, the Secretary, in consulta- tion, air conditioning and water heating sys- ergy property, the applicable percentage tion with the Secretary of Energy, shall es- tem, and the lighting system shall be allo- shall be zero for any period for which an ap- tablish requirements for certification and cated to the appropriate building subsystem plicable percentage is not specified for such compliance procedures similar to the proce- based on system-specific energy cost savings property under subparagraph (A). dures under section 25B(c)(7). targets in regulations promulgated by the ‘‘(b) MAXIMUM CREDIT.— ‘‘(B) QUALIFIED INDIVIDUALS.—Individuals ‘‘(1) IN GENERAL.—In the case of property Secretary of Energy which are equivalent, qualified to determine compliance shall be described in the following table, the amount using the calculation methodology, to the only those individuals who are recognized by of the credit allowed under subsection whole building requirement of 50 percent an organization certified by the Secretary (a)(1)(A) for the taxable year for each item of savings. for such purposes. such property with respect to a dwelling unit ‘‘(iv) The calculational methods under this ‘‘(C) PROFICIENCY OF QUALIFIED INDIVID- shall not exceed the amount specified for subparagraph need not comply fully with UALS.—The Secretary shall consult with non- section 11 of such Standard 90.1–1999. profit organizations and State agencies with such property in such table: ‘‘(v) The calculational methods shall be expertise in energy efficiency calculations Description of property item Maximum allowable credit amount is fuel neutral, such that the same energy effi- and inspections to develop proficiency tests ciency features shall qualify a building for and training programs to qualify individuals 20 percent energy-efficient building $500. the deduction under this subsection regard- to determine compliance. property (other than a fuel cell or less of whether the heating source is a gas or natural gas heat pump). ‘‘(g) TERMINATION.—This section shall not 20 percent energy-efficient building $500 per each kw/hr of capacity. oil furnace or an electric heat pump. apply with respect to— property: fuel cell described in ‘‘(vi) The calculational methods shall pro- ‘‘(1) any energy property placed in service section 48A(d)(3)(A)(i). vide appropriate calculated energy savings Natural gas heat pump described in $1,000. after December 31, 2006, and section 48A(d)(3)(D)(iv). for design methods and technologies not oth- ‘‘(2) any energy efficient commercial build- 10 percent energy-efficient building $250. erwise credited in either such Standard 90.1– ing property expenditures in connection with property. 1999 or in the 1998 California Nonresidential property— Solar water heating property ...... $1,000. Photovoltaic property ...... $2,000. ACM Manual, including the following: ‘‘(A) the plans for which are not certified ‘‘(I) Natural ventilation. under subsection (f)(6) on or before December ‘‘(2) COORDINATION OF LIMITATIONS.—If a ‘‘(II) Evaporative cooling. 31, 2006, and credit is allowed to the taxpayer for any tax- ‘‘(B) the construction of which is not com- ‘‘(III) Automatic lighting controls such as able year by reason of an acquisition of a pleted on or before December 31, 2008.’’. occupancy sensors, photocells, and time- new, highly energy-efficient principal resi- clocks. TITLE II—NONBUSINESS ENERGY dence, no other credit shall be allowed under ‘‘(IV) Daylighting. SYSTEMS subsection (a)(1)(A) with respect to such resi- ‘‘(V) Designs utilizing semi-conditioned SEC. 201. CREDIT FOR CERTAIN NONBUSINESS dence during the 1-taxable year period begin- spaces that maintain adequate comfort con- ENERGY SYSTEMS. ning with such taxable year. ditions without air conditioning or without (a) IN GENERAL.—Subpart A of part IV of ‘‘(c) DEFINITIONS.—For purposes of this sec- heating. subchapter A of chapter 1 (relating to non- tion— ‘‘(VI) Improved fan system efficiency, in- refundable personal credits) is amended by ‘‘(1) RESIDENTIAL ENERGY PROPERTY EX- cluding reductions in static pressure. inserting after section 25A the following: PENDITURES.—The term ‘residential energy ‘‘(VII) Advanced unloading mechanisms for ‘‘SEC. 25B. NONBUSINESS ENERGY PROPERTY. property expenditures’ means expenditures mechanical cooling, such as multiple or vari- ‘‘(a) ALLOWANCE OF CREDIT— made by the taxpayer for qualified energy able speed compressors. ‘‘(1) IN GENERAL.—In the case of an indi- property installed on or in connection with a ‘‘(VIII) The calculational methods may vidual, there shall be allowed as a credit dwelling unit which— take into account the extent of commis- against the tax imposed by this chapter for ‘‘(A) is located in the United States, and sioning in the building, and allow the tax- the taxable year an amount equal to the sum ‘‘(B) is used by the taxpayer as a residence. payer to take into account measured per- of— Such term includes expenditures for labor formance that exceeds typical performance. ‘‘(A) the applicable percentage of residen- costs properly allocable to the onsite prepa- ‘‘(C) COMPUTER SOFTWARE.— tial energy property expenditures made by ration, assembly, or original installation of ‘‘(i) IN GENERAL.—Any calculation under the taxpayer during such year, the property. this paragraph shall be prepared by qualified ‘‘(B) the credit amount (determined under ‘‘(2) QUALIFIED ENERGY PROPERTY— computer software. section 48A(e)) for each vehicle purchased ‘‘(A) IN GENERAL.—The term ‘qualified en- ‘‘(ii) QUALIFIED COMPUTER SOFTWARE.—For during the taxable year which is a qualified ergy property’ means— purposes of this subparagraph, the term hybrid vehicle (as defined in section ‘‘(i) energy-efficient building property, ‘qualified computer software’ means soft- 48A(e)(2)), and ‘‘(ii) solar water heating property, and ware— ‘‘(C) the credit amount specified in the fol- ‘‘(iii) photovoltaic property. ‘‘(I) for which the software designer has lowing table for a new, highly energy-effi- ‘‘(B) SWIMMING POOL, ETC., USED AS STORAGE certified that the software meets all proce- cient principal residence: MEDIUM; SOLAR PANELS.—For purposes of this

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12493

paragraph, the provisions of subparagraphs purposes of this paragraph shall be filed with ‘‘(4) JOINT OWNERSHIP OF ENERGY ITEMS— (B) and (C) of section 48A(d)(1) shall apply. the Secretary of Energy within 1 year of the ‘‘(A) IN GENERAL.—Any expenditure other- ‘‘(3) ENERGY-EFFICIENT BUILDING PROP- date of such determination and shall include wise qualifying as a residential energy prop- ERTY.—The term ‘energy-efficient building the TIN of the certifier, the address of the erty expenditure shall not be treated as fail- property’ has the meaning given to such building in compliance, and the identity of ing to so qualify merely because such ex- term by section 48A(e)(3). the person for whom such determination was penditure was made with respect to 2 or ‘‘(4) SOLAR WATER HEATING PROPERTY.—The performed. Determinations of compliance more dwelling units. term ‘solar water heating property’ means filed with the Secretary of Energy shall be ‘‘(B) LIMITS APPLIED SEPARATELY.—In the property which, when installed in connection available for inspection by the Secretary. case of any expenditure described in subpara- with a structure, uses solar energy for the ‘‘(D) COMPLIANCE— graph (A), the amount of the credit allowable purpose of providing hot water for use within ‘‘(i) IN GENERAL.—The Secretary of Energy under subsection (a) shall (subject to para- such structure. in consultation with the Secretary of the graph (1)) be computed separately with re- ‘‘(5) PHOTOVOLTAIC PROPERTY.—The term Treasury shall establish requirements for spect to the amount of the expenditure made ‘photovoltaic property’ means property certification and compliance procedures for each dwelling unit. which, when installed in connection with a after examining the requirements for energy ‘‘(5) ALLOCATION IN CERTAIN CASES.— structure, uses a solar photovoltaic process consultants and home energy ratings pro- ‘‘(A) IN GENERAL.—Except as provided in to generate electricity for use in such struc- viders specified by the Mortgage Industry subparagraph (B), if less than 80 percent of ture. National Accreditation Procedures for Home the use of an item is for nonbusiness pur- ‘‘(6) NEW, HIGHLY ENERGY-EFFICIENT PRIN- Energy Rating Systems. poses, only that portion of the expenditures CIPAL RESIDENCE.— ‘‘(ii) INDIVIDUALS QUALIFIED TO DETERMINE for such item which is properly allocable to ‘‘(A) IN GENERAL.—Property is a new, high- COMPLIANCE.—Individuals qualified to deter- use for nonbusiness purposes shall be taken ly energy-efficient principal residence if— mine compliance shall be only those individ- into account. For purposes of this paragraph, ‘‘(i) such property is located in the United uals who are recognized by an organization use for a swimming pool shall be treated as States, certified by the Secretary of Energy for such use which is not for nonbusiness purposes. ‘‘(ii) the original use of such property com- purposes. ‘‘(B) SPECIAL RULE FOR VEHICLES.—For pur- mences with the taxpayer and is, at the time ‘‘(E) PRINCIPAL RESIDENCE.—The term poses of this section and section 48A, a vehi- of such use, the principal residence of the ‘principal residence’ has the same meaning cle shall be treated as used entirely for busi- taxpayer, and as when used in section 121, except that the ness or nonbusiness purposes if the majority ‘‘(iii) such property is certified before such period for which a building is treated as the of the use of such vehicle is for business or use commences as being 50 percent property, principal residence of the taxpayer shall also nonbusiness purposes, as the case may be. 40 percent property, or 30 percent property. include the 60-day period ending on the 1st ‘‘(6) DOUBLE BENEFIT; PROPERTY USED OUT- ‘‘(B) 50, 40, OR 30 PERCENT PROPERTY.— day on which it would (but for this subpara- SIDE UNITED STATES, ETC., NOT QUALIFIED.—No ‘‘(i) IN GENERAL.—For purposes of subpara- graph) first be treated as the taxpayer’s prin- credit shall be allowed under subsection graph (A), property is 50 percent property, 40 cipal residence. (a)(1)(B) with respect to— percent property, or 30 percent property if ‘‘(d) SPECIAL RULES.—For purposes of this ‘‘(A) any property for which a credit is al- the projected energy usage of such property section— lowed under section 30 or 48A, ‘‘(B) any property referred to in section is reduced by 50 percent, 40 percent, or 30 ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- 50(b), and percent, respectively, compared to the en- CUPANCY.—In the case of any dwelling unit ‘‘(C) the portion of the cost of any property ergy usage of a reference house that com- which if jointly occupied and used during taken into account under section 179 or 179A. plies with minimum standard practice, such any calendar year as a residence by 2 or ‘‘(7) WHEN EXPENDITURE MADE; AMOUNT OF as the 1998 International Energy Conserva- more individuals the following shall apply: EXPENDITURE.— tion Code of the International Code Council, ‘‘(A) The amount of the credit allowable ‘‘(A) IN GENERAL.—Except as provided in as determined according to the requirements under subsection (a) by reason of expendi- subparagraph (B), an expenditure with re- specified in clause (ii). tures made during such calendar year by any spect to an item shall be treated as made ‘‘(ii) PROCEDURES.— of such individuals with respect to such when the original installation of the item is ‘‘(I) IN GENERAL.—For purposes of clause dwelling unit shall be determined by treat- completed. (i), energy usage shall be demonstrated ei- ing all of such individuals as 1 taxpayer ‘‘(B) EXPENDITURE PART OF BUILDING CON- ther by a component-based approach or a whose taxable year is such calendar year. STRUCTION.—In the case of an expenditure in performance-based approach. ‘‘(B) There shall be allowable with respect connection with the construction of a struc- ‘‘(II) COMPONENT APPROACH.—Compliance to such expenditures to each of such individ- ture, such expenditure shall be treated as by the component approach is achieved when uals, a credit under subsection (a) for the made when the original use of the con- all of the components of the house comply taxable year in which such calendar year structed structure by the taxpayer begins. with the requirements of prescriptive pack- ends in an amount which bears the same ‘‘(C) AMOUNT.—The amount of any expendi- ages established by the Secretary of Energy, ratio to the amount determined under sub- ture shall be the cost thereof. in consultation with the Administrator of paragraph (A) as the amount of such expend- ‘‘(8) PROPERTY FINANCED BY SUBSIDIZED EN- the Environmental Protection Agency, such itures made by such individual during such ERGY FINANCING.— that they are equivalent to the results of calendar year bears to the aggregate of such ‘‘(A) REDUCTION OF EXPENDITURES.—For using the performance-based approach of expenditures made by all of such individuals purposes of determining the amount of resi- subclause (III) to achieve the required reduc- during such calendar year. dential energy property expenditures made tion in energy usage. ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE by any individual with respect to any dwell- ‘‘(III) PERFORMANCE-BASED APPROACH.— HOUSING CORPORATION.—In the case of an in- ing unit, there shall not be taken in to ac- Performance-based compliance shall be dem- dividual who in tenant-stockholder (as de- count expenditures which are made from onstrated in terms of the required percent- fined in section 216) in a cooperative housing subsidized energy financing (as defined in age reductions in projected energy use. Com- corporation (as defined in such section), such section 48A(f)(1)(C)). puter software used in support of perform- individual shall be treated as having made ‘‘(B) DOLLAR LIMITS REDUCED.—The dollar ance-based compliance must meet all of the his tenant-stockholder’s proportionate share amounts in the table contained in subsection procedures and methods for calculating en- (as defined in section 216(b)(3)) of any ex- (b)(1) with respect to each property pur- ergy savings reductions that are promul- penditures of such corporation. chased for such dwelling unit for any taxable gated by the Secretary of Energy. Such regu- ‘‘(3) CONDOMINIUMS.— year of such taxpayer shall be reduced pro- lations on the specifications for software ‘‘(A) IN GENERAL.—In the case of an indi- portionately by an amount equal to the sum shall be based in the 1998 California Residen- vidual who is a member of a condominium of— tial Alternative Calculation Method Ap- management association with respect to a ‘‘(i) the amount of the expenditures made proval Manual, except that the calculation condominium which the individual owns, by the taxpayer during such taxable year procedures shall be developed such that the such individual shall be treated as having with respect to such dwelling unit and not same energy efficiency measures qualify a made his proportionate share of any expendi- taken into account by reason of subpara- home for tax credits regardless of whether tures of such association. graph (A), and the home uses a gas or oil furnace or boiler, ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- ‘‘(ii) the amount of any Federal, State, or or an electric heat pump. TION.—For purposes of this paragraph, the local grant received by the taxpayer during ‘‘(IV) APPROVAL OF SOFTWARE SUBMIS- term ‘condominium management associa- such taxable year which is used to make res- SIONS.—The Secretary of Energy shall ap- tion’ means an organization which meets the idential energy property expenditures with prove software submissions that comply with requirements of paragraph (1) of section respect to the dwelling unit and is not in- the calculation requirements of subclause 528(c) (other than subparagraph (E) thereof) cluded in the gross income of such taxpayer. (III). with respect to a condominium project sub- ‘‘(9) SAFETY CERTIFICATIONS.—No credit ‘‘(C) DETERMINATIONS OF COMPLIANCE.—A stantially all of the units of which are used shall be allowed under this section for an determination of compliance made for the as residences. item of property unless—

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12494 CONGRESSIONAL RECORD—SENATE June 27, 2000 ‘‘(A) in the case of solar water heating amount of any credit under this subpart or original use of which commences with the property, such property is certified for per- subpart A, B, E, or G of this part.’’ taxpayer, or formance and safety by the non-profit Solar (b) TECHNICAL AMENDMENT.—Section 1388 ‘‘(II) which is a retrofitted or repowered Rating Certification Corporation or a com- (relating to definitions and special rules for conventional technology facility, the retro- parable entity endorsed by the government cooperative organizations) is amended by fitting or repowering of which is completed of the State in which such property is in- adding at the end the following: by the taxpayer (but only with respect to stalled, and ‘‘(k) CROSS REFERENCE.— that portion of the basis which is properly ‘‘(B) in the case of photovoltaic property, ‘‘For provisions relating to the apportion- attributable to such retrofitting or such property meets appropriate fire and ment of the alcohol fuels credit between co- repowering), or electric code requirements. operative organizations and their patrons, ‘‘(ii) that is acquired through purchase (as ‘‘(e) BASIS ADJUSTMENTS.—For purposes of see section 40(d)(6).’’ defined by section 179(d)(2)), this subtitle, if a credit is allowed under this (c) EFFECTIVE DATE.—The amendments ‘‘(B) that is depreciable under section 167, section for any expenditure with respect to made by this section shall apply to taxable ‘‘(C) that has a useful life of not less than any property, the increase in the basis of years beginning after December 31, 1999. 4 years, such property which would (but for this sub- TITLE IV—AUTOMOBILES ‘‘(D) that is located in the United States, section) result from such expenditure shall and be reduced by the amount of the credit so al- SEC. 401. EXTENSION OF CREDIT FOR QUALIFIED ‘‘(E) that uses qualifying clean coal tech- ELECTRIC VEHICLES. lowed.’’ nology. (a) EXTENSION OF CREDIT FOR QUALIFIED (b) CONFORMING AMENDMENTS.— ‘‘(2) SPECIAL RULE FOR SALE-LEASEBACKS.— (1) Section 1016(a) is amended by striking ELECTRIC VEHICLES.—Subsection (f) of sec- For purposes of subparagraph (A) of para- ‘‘and’’ at the end of paragraph (26), by strik- tion 30 (relating to termination) is amended graph (1), in the case of a facility that— ing the period at the end of paragraph (27) by striking ‘‘December 31, 2004’’ and insert- ‘‘(A) is originally placed in service by a and inserting’’; and’’, by adding at the end ing ‘‘December 31, 2006’’. person, and the following: (b) REPEAL OF PHASEOUT.—Subsection (b) ‘‘(B) is sold and leased back by such per- ‘‘(28) to the extent provided in section of section 30 (relating to limitations) is son, or is leased to such person, within 3 25B(e), in the case of amounts with respect amended by striking paragraph (2) and redes- months after the date such facility was to which a credit has been allowed under sec- ignating paragraph (3) as paragraph (2). originally placed in service, for a period of tion 25B.’’ (c) NO DOUBLE BENEFIT.— not less than 12 years, (1) Subsection (d) of section 30 (relating to (2) The table of sections for subpart A of such facility shall be treated as originally part IV of subchapter A of chapter 1 is special rules) is amended by adding at the end the following: placed in service not earlier than the date on amended by inserting after the item relating which such property is used under the lease- to section 25A the following: ‘‘(5) NO DOUBLE BENEFIT.—No credit shall be allowed under subsection (a) with respect back (or lease) referred to in subparagraph ‘‘Sec. 25B. Nonbusiness energy property.’’ (B). The preceding sentence shall not apply (c) EFFECTIVE DATE.—The amendments to any vehicle if the taxpayer claims a credit for such vehicle under section 25B(a)(1)(B) or to any property if the lessee and lessor of made by this section shall apply to expendi- such property make an election under this tures after December 31, 1999. 48A(a)(2).’’ (2) Paragraph (3) of section 30(d) (relating sentence. Such an election, once made, may TITLE III—ALTERNATIVE FUELS to property used outside United States, etc., be revoked only with the consent of the Sec- SEC. 301. ALLOCATION OF ALCOHOL FUELS not qualified) is amended by striking ‘‘sec- retary. CREDIT TO PATRONS OF A COOPER- tion 50(b)’’ and inserting ‘‘section 25B, 48A, ‘‘(3) QUALIFYING CLEAN COAL TECHNOLOGY.— ATIVE. or 50(b)’’. For purposes of paragraph (1)(A)— (a) IN GENERAL.—Section 40(d) (relating to (3) Paragraph (5) of section 179A(e) (relat- ‘‘(A) IN GENERAL.—The term ‘qualifying alcohol used as fuel) is amended by adding at ing to property used outside United States, clean coal technology’ means, with respect the end the following: etc., not qualified) is amended by striking to clean coal technology— LLOCATION OF SMALL ETHANOL PRO ‘‘(i) applications totaling 1,000 megawatts ‘‘(6) A - ‘‘section 50(b)’’ and inserting ‘‘section 25B, DUCER CREDIT TO PATRONS OF COOPERATIVE of advanced pulverized coal or atmospheric .— 48A, or 50(b)’’. ‘‘(A) IN GENERAL.—In the case of a coopera- fluidized bed combustion technology in- (d) EFFECTIVE DATE.—The amendments tive organization described in section 1381(a), made by this section shall apply to property stalled as a new, retrofit, or repowering ap- any portion of the credit determined under placed in service after the date of the enact- plication and operated between 2000 and 2014 subsection (a)(3) for the taxable year may, at ment of this Act. that has a design average net heat rate of the election of the organization made on a not more than 8,750 Btu’s per kilowatt hour, timely filed return (including extensions) for TITLE V—CLEAN COAL TECHNOLOGIES ‘‘(ii) applications totaling 1,500 megawatts such year, be apportioned pro rata among pa- SEC. 501. CREDIT FOR INVESTMENT IN QUALI- of pressurized fluidized bed combustion tech- trons of the organization on the basis of the FYING CLEAN COAL TECHNOLOGY. nology installed as a new, retrofit, or quantity or value of business done with or (a) ALLOWANCE OF QUALIFYING CLEAN COAL repowering application and operated between for such patrons for the taxable year. Such TECHNOLOGY FACILITY CREDIT.—Section 46 2000 and 2014 that has a design average net an election, once made, shall be irrevocable (relating to amount of credit) is amended by heat rate of not more than 8,400 Btu’s per for such taxable year. striking ‘‘and’’ at the end of paragraph (2), kilowatt hour, ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- by striking the period at the end of para- ‘‘(iii) applications totaling 1,500 megawatts TRONS.—The amount of the credit appor- graph (3) and inserting ‘‘, and,’’ and by add- of integrated gasification combined cycle tioned to patrons pursuant to subparagraph ing at the end the following: technology installed as a new, retrofit, or (A)— ‘‘(4) the qualifying clean coal technology repowering application and operated between ‘‘(i) shall not be included in the amount de- facility credit.’’ 2000 and 2014 that has a design average net termined under subsection (a) for the taxable (b) AMOUNT OF QUALIFYING CLEAN COAL heat rate of not more than 8,550 Btu’s per year of the organization, and TECHNOLOGY FACILITY CREDIT.—Subpart E of kilowatt hour, and ‘‘(ii) shall be included in the amount deter- part IV of subchapter A of chapter 1 (relating ‘‘(iv) applications totaling 2,000 megawatts mined under subsection (a) for the taxable to rules for computing investment credit), as or equivalent of technology for the produc- year of each patron in which the patronage amended by section 101(a), is amended by in- tion of electricity installed as a new, ret- dividend for the taxable year referred to in serting after section 48A the following: rofit, or repowering application and operated subparagraph (A) is includible in gross in- SEC 48B. QUALIFYING CLEAN COAL TECH- between 2000 and 2014 that has a carbon emis- come. NOLOGY FACILITY CREDIT. sion rate that is not more than 85 percent of ‘‘(C) SPECIAL RULE FOR DECREASING CREDIT ‘‘(a) IN GENERAL.—For purposes of section conventional technology. FOR TAXABLE YEAR.—If the amount of the 46, the qualifying clean coal technology fa- ‘‘(B) EXCEPTIONS.—Such term shall not in- credit of a cooperative organization deter- cility credit for any taxable year is an clude clean coal technology projects receiv- mined under subsection (a)(3) for a taxable amount equal to 10 percent of the qualified ing or scheduled to receive funding under the year is less than the amount of such credit investment in a qualifying clean coal tech- Clean Coal Technology Program of the De- shown on the cooperative organization’s re- nology facility for such taxable year. partment of Energy. turn for such year, an amount equal to the ‘‘(b) QUALIFYING CLEAN COAL TECHNOLOGY ‘‘(C) CLEAN COAL TECHNOLOGY.—The term excess of such reduction over the amount not FACILITY— ‘clean coal technology’ means advanced apportioned to the patrons under subpara- ‘‘(1) IN GENERAL.—For purposes of sub- technology that utilizes coal to produce 50 graph (A) for the taxable year shall be treat- section (a), the term ‘qualifying clean coal percent or more of its thermal output as ed as an increase in tax imposed by this technology facility’ means a facility of the electricity including advanced pulverized chapter on the organization. Any such in- taxpayer— coal or atmospheric fluidized bed combus- crease shall not be treated as tax imposed by ‘‘(A)(i)(I) which replaces a conventional tion, pressurized fluidized bed combustion, this chapter for purposes of determining the technology facility of the taxpayer and the integrated gasification combined cycle, and

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12495 any other technology for the production of penditures will be made directly by the tax- coal technology facility credit determined electricity that exceeds the performance of payer. under section 48B may be carried back to a conventional technology. ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.— taxable year ending before the date of the ‘‘(D) CONVENTIONAL COAL TECHNOLOGY.— The term ‘non-self-constructed property’ enactment of section 48B.’’ The term ‘conventional technology’ means— means property which is not self-constructed (e) TECHNICAL AMENDMENTS.— ‘‘(i) coal-fired combustion technology with property. (1) Section 49(a)(1)(C) is amended by strik- a design average net heat rate of not less ‘‘(C) CONSTRUCTION, ETC.—The term ‘Con- ing ‘‘and’’ at the end of clause (ii), by strik- than 9,300 Btu’s per kilowatt hour (HHV) and struction’ includes reconstruction and erec- ing the period at the end of clause (iii) and a carbon equivalents emission rate of not tion, and the term ‘constructed’ includes re- inserting, ‘‘and,’’ and by adding at the end more than 0.53 pounds of carbon per kilowatt constructed and erected. the following: hour; or ‘‘(D) ONLY CONSTRUCTION OF QUALIFYING ‘‘(iv) the portion of the basis of any quali- ‘‘(ii) natural gas-fired combustion tech- CLEAN COAL TECHNOLOGY FACILITY TO BE fying clean coal technology facility attrib- nology with a design average net heat rate of TAKEN INTO ACCOUNT.—Construction shall be utable to any qualified investment (as de- not less than 7,500 Btu’s per kilowatt hour taken into account only if, for purposes of fined by section 48B(c)).’’ (HHV) and a carbon equivalents emission this subpart, expenditures therefor are prop- (2) Section 50(a)(4) is amended by striking rate of not more than 0.24 pound of carbon erly chargeable to capital account with re- ‘‘and (2)’’ and inserting ‘‘, (2), and (6).’’ per kilowatt hour. spect to the property. ‘‘(E) DESIGN AVERAGE NET HEAT RATE.—The ‘‘(5) ELECTION—An election under this sub- (3) The table of sections for subpart E of term ‘design average net heat rate’ shall be section may be made at such time and in part IV of subchapter A of chapter 1, as based on the design average annual heat such manner as the Secretary may by regu- amended by section 101(d), is amended by in- input to and the design average annual net lations prescribe. Such an election shall serting after the item relating to section 48A electrical output from the qualifying clean apply to the taxable year for which made and the following: coal technology (determined without regard to all subsequent taxable years. Such an ‘‘SEC. 48B. Qualifying clean coal tech- to such technology’s co-generation of election, once made, may not be revoked ex- nology facility credit.’’ steam). cept with the consent of the Secretary. (f) EFFECTIVE DATE.—The amendments ‘‘(F) SELECTION CRITERIA.—Selection cri- ‘‘(e) COORDINATION WITH OTHER CREDITS.— made by this section shall apply to periods teria for clean coal technology facilities.— This section shall not apply to any property after December 31, 1999, under rules similar ‘‘(i) shall be established by the Secretary with respect to which the rehabilitation to the rules of section 48(m) of the Internal of Energy as part of a competitive solicita- credit under section 47 or the energy credit Revenue Code of 1986 (as in effect on the day tion, under section 48A is allowed unless the tax- before the date of the enactment of the Rev- ‘‘(ii) shall include primary criteria of min- payer elects to waive the application of such enue Reconciliation Act of 1990). imum design average net heat rate, max- credit to such property. SEC. 502. CREDIT FOR PRODUCTION FROM imum design average thermal efficiency, and ‘‘(f) TERMINATION.—This section shall not QUALIFYING CLEAN COAL TECH- lowest cost to the government, and apply with respect to any qualified invest- NOLOGY. ‘‘(iii) shall include supplemental criteria as ment after December 31, 2014.’’ (a) CREDIT FOR PRODUCTION FROM QUALI- determined appropriate by the Secretary of (c) RECAPTURE.—Section 50(a) (relating to FYING CLEAN COAL TECHNOLOGY.—Subpart D Energy. other special rules) is amended by adding at of part IV of subchapter A of chapter 1 (re- ‘‘(c) QUALIFIED INVESTMENT.—For purposes the end the following: lating to business related credits) is amend- of subsection (a), the term ‘qualified invest- ‘‘(6) SPECIAL RULES RELATING TO QUALI- ed by adding at the end the following: ment’ means, with respect to any taxable FYING CLEAN COAL TECHNOLOGY FACILITY.— ‘‘SEC. 45D. Credit for production from year, the basis of a qualifying clean coal For purposes of applying this subsection in qualifying clean coal technology. technology facility placed in service by the the case of any credit allowable by reason of ‘‘(a) GENERAL RULE.—For purposes of sec- taxpayer during such taxable year. section 48B, the following shall apply: tion 38, the qualifying clean coal technology ‘‘(d) QUALIFIED PROGRESS EXPENDITURES.— ‘‘(A) GENERAL RULE.—In lieu of the amount production credit of any taxpayer for any ‘‘(1) INCREASE IN QUALIFIED INVESTMENT.— of the increase in tax under paragraph (1), taxable year is equal to the applicable In the case of a taxpayer who has made an the increase in tax shall be an amount equal amount for each kilowatt hour— election under paragraph (5), the amount of to the investment tax credit allowed under the qualified investment of such taxpayer for section 38 for all prior taxable years with re- ‘‘(1) produced by the taxpayer at a quali- the taxable year (determined under sub- spect to a qualifying clean coal technology fying clean coal technology facility during section (c) without regard to this section) facility (as defined by section 48B(b)(1)) mul- the 10-year period beginning on the date the shall be increased by an amount equal to the tiplied by a fraction whose numerator is the facility was originally placed in service, and aggregate of each qualified progress expendi- number of years remaining to fully depre- ‘‘(2) sold by the taxpayer to an unrelated ture for the taxable year with respect to ciate under this title the qualifying clean person during such taxable year. progress expenditure property. coal technology facility disposed of, and ‘‘(b) APPLICABLE AMOUNT.—For purposes of ‘‘(2) PROGRESS EXPENDITURE PROPERTY DE- whose denominator is the total number of this section, the applicable amount with re- FINED.—For purposes of this subsection, the years over which such facility would other- spect to production from a qualifying clean term ‘progress expenditure property’ means wise have been subject to depreciation. For coal technology facility shall be determined any property being constructed by or for the purposes of the preceding sentence, the year as follows: taxpayer and which it is reasonable to be- of disposition of the qualifying clean coal ‘‘(1) In the case of a facility originally lieve will qualify as a qualifying clean coal technology facility property shall be treated placed in service before 2007, if— technology facility which is being con- as a year of remaining depreciation. structed by or for the taxpayer when it is ‘‘(B) PROPERTY CEASES TO QUALIFY FOR The applicable amount is: placed in service. PROGRESS EXPENDITURES.—Rules similar to ‘‘The facility design average net heat rate, For 1st 5 For 2d 5 yrs ‘‘(3) QUALIFIED PROGRESS EXPENDITURES DE- the rules of paragraph (2) shall apply in the Btu/kWh (HHV) is equal to: yrs of such of such FINED.—For purposes of this subsection— case of qualified progress expenditures for a service service ELF CONSTRUCTED PROPERTY ‘‘(A) S - .—In the qualifying clean coal technology facility Not more than 8400 ...... $0.0130 $0.0110 case of any self-constructed property, the under section 48B, except that the amount of More than 8400 but not more than 8550 ...... 0100 .0085 term ‘qualified progress expenditures’ means the increase in tax under subparagraph (A) of More than 8550 but not more than 8750 ...... 0090 .0070. the amount which, for purposes of this sub- this paragraph shall be substituted in lieu of part, is properly chargeable (during such tax- the amount described in such paragraph (2). ‘‘(2) In the case of a facility originally able year) to capital account with respect to ‘‘(C) APPLICATION OF PARAGRAPH.—This placed in service after 2006 and before 2011, such property. paragraph shall be applied separately with if— ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.— respect to the credit allowed under section 38 In the case of non-self-constructed property, regarding a qualifying clean coal technology The applicable amount is: the term ‘qualified progress expenditures’ facility.’’ ‘‘The facility design average net heat rate, Btu/kWh (HHV) is equal to: For 1st 5 For 2d 5 yrs means the amount paid during the taxable (d) TRANSITIONAL RULE.—Section 39(d) of yrs of such of such year to another person for the construction the Internal Revenue Code of 1986 (relating service service of such property. to transitional rules), as amended by section Not more than 7770 ...... $.0100 .0080 ‘‘(4) OTHER DEFINITIONS.—For purposes of 101(b)(2), is amended by adding at the end the More than 7770 but not more than 8125 ...... 0080 0065 this subsection— following: More than 8125 but not more than 8350 ...... 0070 .0055. ‘‘(A) SELF-CONSTRUCTED PROPERTY.—The ‘‘NO CARRYBACK OF SECTION 48B CREDIT BE- term ‘self-constructed property’ means prop- FORE EFFECTIVE DATE.—No portion of the un- ‘‘(3) in the case of a facility originally erty for which it is reasonable to believe used business credit for any taxable year placed in service after 2010 and before 2015, that more than half of the construction ex- which is attributable to the qualifying clean if—

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12496 CONGRESSIONAL RECORD—SENATE June 27, 2000

The applicable amount is: TITLE VI—METHANE RECOVERY additives to the extent that such base oil The facility design average net heat rate, Btu/ SEC. 601. CREDIT FOR CAPTURE OF COALBED meets industry standards for engine oil as For 1st 5 For 2d 5 yrs defined by the American Petroleum Institute kWh (HHV) is equal to: yrs of such of such METHANE GAS. service service (a) CREDIT FOR CAPTURE OF COALBED METH- document API 1509 as in effect on the date of ANE GAS.—Subpart D of part IV of sub- the enactment of this section. Not more than 7720 ...... $.0085 $.0070 ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION More than 7720 but not more than 7380 ...... 0070 0045 chapter A of chapter 1 (relating to business related credits), as amended by section WHICH MAY QUALIFY.—Re-refined lubricating ‘‘(c) INFLATION ADJUSTMENT FACTOR.—Each 502(a), is amended by adding at the end the oil produced during any taxable year shall amount in paragraphs (1), (2), and (3) shall following: not be treated as qualified re-refined lubri- each be adjusted by multiplying such SEC. 45E. CREDIT FOR CAPTURE OF cating oil production but only to the extent amount by the inflation adjustment factor COALBED METHANE GAS. average daily production during the taxable for the calendar year in which the amount is (d) DEFINITION OF COALMINE METHANE year exceeds 7,000 barrels. applied. If any amount as increased under GAS.—The term ‘‘Coalmine Methane Gas’’ as ‘‘(3) BARREL.—The term ‘barrel’ has the the preceding sentence is not a multiple of used in this section means any methane gas meaning given such term by section 0.01 cent, such amount shall be rounded to which is being liberated, or would be liber- 613A(e)(4). the nearest multiple of 0.01 cent. ated, during coal mine operations or as a re- ‘‘(c) INFLATION ADJUSTMENT.—In the case ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For sult of past coal mining operations, or which of any taxable year beginning in a calendar purposes of this section— is extracted up to ten years in advance of year after 1999, the dollar amount contained ‘‘(1) any term used in this section which is coal mining operations as part of specific in subsection (a) shall be increased to an also used in section 48B shall have the mean- plan to mine a coal deposit. amount equal to such dollar amount multi- ing given such term in section 48B, For the purpose of section 38, the coalmine plied by the inflation adjustment factor for ‘‘(2) the rules of paragraphs (3), (4), and (5) methane gas capture credit of any taxpayer such calendar year (determined under sec- of section 45 shall apply, for any taxable year is $1.21 for each one mil- tion 29(d)(2)(B) by substituting ‘1998’ for ‘‘(3) the term ‘inflation adjustment factor’ lion British thermal units of coalmine meth- ‘1979’).’’ means, with respect to a calendar year, a ane gas captured by the taxpayer and uti- (b) CREDIT TREATED AS BUSINESS CREDIT.— fraction the numerator of which is the GDP lized as a fuel source or sold by or on behalf Section 38(b) (relating to current year busi- implicit price deflator for the preceding cal- of the taxpayer to an unrelated person dur- ness credit), as amended by section 601(b), is endar year and the denominator of which is ing such taxable year (within the meaning of amended by striking ‘‘plus’’ at the end of the GDP implicit price deflator for the cal- section 45).’’ paragraph (13), by striking the period at the endar year 1998, and Credits for the capture of coalmine meth- end of paragraph (14) and inserting ‘‘, plus,’’ ‘‘(4) the term ‘GDP implicit price deflator’ ane gas shall be earned upon the utilization and by adding at the end the following: means the most recent revision of the im- as a fuel source or sale and delivery of the ‘‘(15) the re-refined lubricating oil produc- plicit price deflator for the gross domestic coalmine methane gas to an unrelated party, tion credit determined under section 45F(a).’’ product as computed by the Department of except that credit for coalmine methane gas (c) CLERICAL AMENDMENT.—The table of Commerce before March 15 of the calendar which is captured in advance of mining oper- sections for subpart D of part IV of sub- year.’’ ations shall be claimed only after coal ex- chapter A of chapter 1, as amended by sec- (b) CREDIT TREATED AS BUSINESS CREDIT.— traction occurs in the immediate area where tion 601(c), is amended by adding at the end Section 38(b) is amended by striking ‘‘plus’’ the coalmine methane gas was removed. the following: at the end of paragraph (11), by striking the (c) CREDIT TREATED AS BUSINESS CREDIT.— ‘‘Sec. 45F. Credit for producing re-refined period at the end of paragraph (12) and in- Section 38(b), as amended by section 502(b), lubricating oil.’’ serting ‘‘, plus’’, and by adding at the end the is amended by striking ‘‘plus’’ at the end of (d) EFFECTIVE DATE.—The amendments following: paragraph (12), by striking the period at the made by this section shall apply to produc- ‘‘(13) the qualifying clean coal technology end of paragraph (13) and inserting ‘‘, plus’’, tion after the date of the enactment of this production credit determined under section and by adding at the end the following: Act. 45D(a).’’ ‘‘(14) the coalmine methane gas capture SEC. 702. OIL AND GAS FROM MARGINAL WELLS. (c) TRANSITIONAL RULE.—Section 39(d) (re- credit determined under section 45E(a).’’ ‘‘SEC. 45D. Credit for Producing Oil and Gas From lating to transitional rules), as amended by (d) CLERICAL AMENDMENT.—The table of Marginal Wells section 501(d), is amended by adding at the sections for subpart D of part IV of sub- ‘‘(a) GENERAL RULE.—For purposes of sec- end the following: chapter A of chapter 1, as amended by sec- tion 38, the marginal well production credit ‘‘(11) NO CARRYBACK OF CERTAIN CREDITS BE- tion 502(d), is amended by adding at the end for any taxable year is an amount equal to FORE EFFECTIVE DATE.—No portion of the un- the following: the product of— used business credit for any taxable year ‘‘Sec. 45E. Credit for the capture of which is attributable to the credits allowable ‘‘(1) the credit amount, and coalmine methane gas.’’ ‘‘(2) the qualified crude oil production and under any section added to this subpart by (e) EFFECTIVE DATE.—The amendments the amendments made by the Energy Secu- the qualified natural gas production which is made by this section shall apply to the cap- attributable to the taxpayer. rity Tax Act of 1999 may be carried back to ture of coalmine methane gas after the date a taxable year ending before the date of the ‘‘(b) CREDIT AMOUNT.—For purposes of this of the enactment of this Act and on or before section— enactment of such Act.’’ December 31, 2006. (d) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—The credit amount is— sections for subpart D of part IV of sub- TITLE VII—OIL AND GAS PRODUCTION ‘‘(A) $3 per barrel of qualified crude oil pro- chapter A of chapter 1 is amended by adding SEC. 701. CREDIT FOR PRODUCTION OF RE-RE- duction, and at the end the following: FINED LUBRICATING OIL. ‘‘(B) 50 cents per 1,000 cubic feet of quali- ‘‘Sec. 45D. Credit for production from (a) IN GENERAL.—Subpart D of part IV of fied natural gas production. qualifying clean coal technology.’’ subchapter A of chapter 1 (relating to busi- ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- (e) EFFECTIVE DATE.—The amendments ness related credits), as amended by section CREASE.— made by this section shall apply to produc- 601(a), is amended by adding at the end the ‘‘(A) IN GENERAL.—The $3 and 50 cents tion after the date of the enactment of this following: amounts under paragraph (1) shall each be Act. SEC. 45F. CREDIT FOR PRODUCING RE- reduced (but not below zero) by an amount SEC. 503. RISK POOL FOR QUALIFYING CLEAN REFINED LUBRICATING OIL. which bears the same ratio to such amount COAL TECHNOLOGY. (a) GENERAL RULE.—For purposes of sec- (determined without regard to this para- (a) ESTABLISHMENT.—The Secretary of the tion 38, the re-refined lubricating oil produc- graph) as— Treasury shall establish a financial risk pool tion credit of any taxpayer for any taxable ‘‘(i) the excess (if any) of the applicable which shall be available to any United year is equal to $4.05 per barrel of qualified reference price over $14 ($1.56 for qualified States owner of qualifying clean coal tech- re-refined lubricating oil production which is natural gas production), bears to nology (as defined in section 48B(b)(3) of the attributable to the taxpayer (within the ‘‘(ii) $3 ($0.33 for qualified natural gas pro- Internal Revenue Code of 1986) to offset for meaning of section 29(d)(3)). duction). the first 3 years of the operation of such (b) QUALIFIED RE-REFINED LUBRICATING OIL The applicable reference price for a taxable technology the costs (not to exceed 5 percent PRODUCTION.—For purposes of this section— year is the reference price for the calendar of the total cost of installation) for modi- ‘‘(1) IN GENERAL.—The term ‘qualified re- year preceding the calendar year in which fications resulting from the technology’s refined lubricating oil production’ means a the taxable year begins. failure to achieve its design performance. base oil manufactured from at least 95 per- ‘‘(B) INFLATION ADJUSTMENT.—In the case (b) AUTHORIZATION OF APPROPRIATIONS.— cent used oil and not more than 2 percent of of any taxable year beginning in a calendar There is authorized to be appropriated such previously unused oil by a re-refining process year after 2000, each of the dollar amounts sums as are necessary to carry out the pur- which effectively removes physical and contained in subparagraph (A) shall be in- poses of this section. chemical impurities and spent and unspent creased to an amount equal to such dollar

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DEDUCTION FOR DELAY RENTAL PAY- ment factor for such calendar year (deter- for the credit allowed under section 29 for MENTS. mined under section 43(b)(3)(B) by sub- the taxable year, no credit shall be allowable (a) IN GENERAL.—Section 263 (relating to stituting ‘1999’ for ‘1990’). under this section unless the taxpayer elects capital expenditures) is amended by adding (C) REFERENCE PRICE.—For purposes of this not to claim the credit under section 29 with after subsection (i) the following new sub- paragraph, the term ‘reference price means, respect to the well.’’ section: with respect to any calendar year— ‘‘(c) CREDIT TREATED AS BUSINESS CREDIT.— ‘‘(j) DELAY RENTAL PAYMENTS FOR DOMES- ‘‘(i) in the case of qualified crude oil pro- Section 38(b) is amended by striking ‘plus’ at TIC OIL AND GAS WELLS.— duction, the reference price determined the end of paragraph (11), by striking the pe- ‘‘(1) IN GENERAL.—Notwithstanding sub- under section 29(d)(2)(C), and riod at the end of paragraph (12) and insert- section (a), a taxpayer may elect to treat ‘‘(ii) in the case of qualified natural gas ing’, ‘plus’, and by adding at the end the fol- delay rental payments incurred in connec- production, the Secretary’s estimate of the lowing new paragraph: tion with the development of oil or gas with- annual average wellhead price per 1,000 cubic ‘‘(13) the marginal oil and gas well produc- in the United States (as defined in section feet for all domestic natural gas. tion credit determined under section 45D(a).’’ 638) as payments which are not chargeable to ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL (d) CREDIT ALLOWED AGAINST REGULAR AND capital account. Any payments so treated GAS PRODUCTION.—For purposes of this sec- MINIMUM TAX.— shall be allowed as a deduction in the tax- tion— (1) IN GENERAL.—Subsection (c) of section able year in which paid or incurred. ‘‘(1) IN GENERAL.—The terms ‘qualified 38 (relating to limitation based on amount of ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- crude oil production’ and ‘qualified natural tax) is amended by redesignating paragraph poses of paragraph (1), the term ‘delay rental gas production’ mean domestic crude oil or (3) as paragraph (4) and by inserting after payment’ means an amount paid for the natural gas which is produced from a mar- paragraph (2) the following new paragraph: privilege of deferring development of an oil ginal well. ‘‘(3) SPECIAL RULES FOR MARGINAL OIL AND or gas well.’’ ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION GAS WELL PRODUCTION CREDIT.— (b) CONFORMING AMENDMENT.—Section WHICH MAY QUALIFY.— ‘‘(A) IN GENERAL.—In the case of the mar- 263A(c)(3) is amended by inserting ‘‘263(j),’’ ‘‘(A) IN GENERAL.—Crude oil or natural gas ginal oil and gas well production credit— after ‘‘263(i),’’. produced during any taxable year from any ‘‘(i) this section and section 39 shall be ap- (c) EFFECTIVE DATE.—The amendments well shall not be treated as qualified crude plied separately with respect to the credit, made by this section shall apply to amounts oil production or qualified natural gas pro- and paid or incurred in taxable years beginning duction to the extent production from the ‘‘(ii) in applying paragraph (1) to the cred- after December 31, 1999. well during the taxable year exceeds 1,095 it— SEC. 704. ELECTION TO EXPENSE GEOLOGICAL barrels or barrel equivalents. ‘‘(I) subparagraphs (A) and (B) thereof shall AND GEOPHYSICAL EXPENDITURES. ‘‘(B) PROPORTIONATE REDUCTIONS.— not apply, and (a) IN GENERAL.—Section 263 (relating to ‘‘(i) SHORT TAXABLE YEARS.—In the case of ‘‘(II) the limitation under paragraph (1) (as capital expenditures) is amended by adding a short taxable year, the limitations under modified by subclause (1)) shall be reduced after subsection (j) the following new sub- this paragraph shall be proportionately re- by the credit allowed under subsection (a) for section: duced to reflect the ratio which the number the taxable year (other than the marginal oil ‘‘(k) GEOLOGICAL AND GEOPHYSICAL EX- of days in such taxable year bears to 365. and gas well production credit). PENDITURES FOR DOMESTIC OIL AND GAS ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- WELLS.—Notwithstanding subsection (a), a YEAR.—In the case of a well which is not ca- TION CREDIT.—For purposes of this sub- taxpayer may elect to treat geological and pable of production during each day of a tax- section, the term ‘marginal oil and gas well geophysical expenses incurred in connection able year, the limitations under this para- production credit’ means the credit allow- with the exploration for, or development of, graph applicable to the well shall be propor- able under subsection (a) by reason of sec- oil or gas within the United States (as de- tionately reduced to reflect the ratio which tion 45D(a).’’ fined in section 638) as expenses which are the number of days of production bears to (2) CONFORMING AMENDMENT.—Subclause not chargeable to capital account. Any ex- the total number of days in the taxable year. (II) of section 38(c)(2)(A)(ii) is amended by in- penses so treated shall be allowed as a deduc- ‘‘(3) DEFINITIONS.— serting ‘‘or the marginal oil and gas well tion in the taxable year in which paid or in- ‘‘(A) MARGINAL WELL.—The term ‘marginal production credit’’ after ‘‘employment cred- curred.’’ well’ means a domestic well— it’’. (b) CONFORMING AMENDMENT.—Section (i) ‘‘the production from which during the (e) CARRYBACK.—Subsection (a) of section 263A(c)(3) is amended by inserting ‘‘263(k),’’ taxable year is treated as marginal produc- 39 (relating to carryback and carryforward of after ‘‘263(j),’’ tion under section 613A(c)(6), or unused credits generally) is amended by add- (c) EFFECTIVE DATE.—The amendments ‘‘(ii) which, during the taxable year— ing at the end the following new paragraph: made by this section shall apply to costs ‘‘(I) has average daily production of not ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL paid or incurred in taxable years beginning more than 25 barrel equivalents, and AND GAS WELL PRODUCTION CREDIT.—In the after December 31, 1999. ‘‘(II) produces water at a rate not less than case of the marginal oil and gas well produc- TITLE VIII—RENEWABLE POWER 95 percent of total well effluent. tion credit— GENERATION ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude ‘‘(A) this section shall be applied sepa- SEC. 801. MODIFICATIONS TO CREDIT FOR ELEC- oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ rately from the business credit (other than TRICITY PRODUCED FROM RENEW- have the meanings given such terms by sec- the marginal oil and gas well production ABLE RESOURCES. tion 613A(e). credit), (a) EXPANSION OF QUALIFIED ENERGY RE- ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- ‘‘(B) paragraph (1) shall be applied by sub- SOURCES.— rel equivalent’ means, with respect to nat- stituting ‘10 taxable years’ for ‘1 taxable (1) IN GENERAL.—Section 45(c)(1) (defining ural gas, a conversion ratio of 6,000 cubic feet year’ in subparagraph (A) thereof, and qualified energy resources) is amended by of natural gas to 1 barrel of crude oil. ‘‘(C) paragraph (2) shall be applied— striking ‘and’ at the end of subparagraph (A), ‘‘(d) OTHER RULES.— ‘‘(i) by substituting ‘31 taxable years’ for by striking the period at the end of subpara- ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- ‘21 taxable years’ in subparagraph (A) there- graph (B) and inserting a comma, and by PAYER.—In the case of a marginal well in of, and adding at the end the following: which there is more than one owner of oper- ‘‘(ii) by substituting ‘30 taxable years’ for ‘‘(C) biomass (other than closed-loop bio- ating interests in the well and the crude oil ‘20 taxable years’ in subparagraph (B) there- mass), or or natural gas production exceeds the limita- of.’’ ‘‘(D) poultry waste.’’ tion under subsection (c)(2), qualifying crude (f) COORDINATION WITH SECTION 29.—Sec- (2) DEFINITIONS.—Section 45(c) is amended oil production or qualifying natural gas pro- tion 29(a) is amended by striking ‘‘There’’ by redesignating paragraph (3) as paragraph duction attributable to the taxpayer shall be and inserting ‘‘At the election of the tax- (4) and by striking paragraph (2) and insert- determined on the basis of the ratio which payer, there’’. ing the following: taxpayer’s revenue interest in the produc- (g) CLERICAL AMENDMENT.—The table of ‘‘(2) BIOMASS.— tion bears to the aggregate of the revenue in- sections for subpart D of part IV of sub- ‘‘(A) IN GENERAL.—The term ‘biomass’ terests of all operating interest owners in chapter A of chapter 1 is amended by adding means— the production. at the end the following item: ‘‘(i) closed-loop biomass, and ‘‘(2) OPERATING INTEREST REQUIRED.—Any ‘‘Sec. 45D. Credit for producing oil and gas ‘‘(ii) any solid, nonhazardous, cellulosic credit under this section may be claimed from marginal wells.’’ waste material, which is segregated from only on production which is attributable to (h) EFFECTIVE DATE.—The amendments other waste materials, and which is derived the holder of an operating interest. made by this section shall apply to produc- from— ‘‘(3) PRODUCTION FROM NONCONVENTIONAL tion in taxable years beginning after Decem- ‘‘(I) any of the following forest-related re- SOURCES EXCLUDED.—In the case of produc- ber 31, 1999. sources: mill residues, precommercial

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thinnings, slash, and brush, but not includ- case of a qualified facility described in sub- ‘‘(c) QUALIFIED INVESTMENT.—For purposes ing old-growth timber, section (c)(3) (B) using coal to co-fire with of subsection (a), the term ‘qualified invest- ‘‘(II) waste pallets, crates, and dunnage, biomass, the amount of the credit deter- ment’ means, with respect to any taxable and landscape or right-of-way tree trim- mined under subsection (a) for taxable year year, the basis of a qualified biomass-based mings, but not including unsegregated mu- shall be reduced by the percentage of coal generating system facility placed in service nicipal solid waste (garbage) and post-con- comprises (on a Btu Basis) of the average by the taxpayer during such taxable year. sumer wastepaper, or fuel input of the facility for the taxable ‘‘(d) QUALIFIED PROGRESS EXPENDITURES.— ‘‘(III) agriculture sources, including or- year..’’ ‘‘(1) INCREASE IN QUALIFIED INVESTMENT.— chard tree crops, vineyard, grain, legumes, (e) EFFECTIVE DATE.—The amendments In the case of a taxpayer who has made an sugar, and other crop by-products or resi- made by this section shall apply to elec- election under paragraph (5), the mount of dues, and tricity produced after the of the enactment the qualified investment of such taxpayer for ‘‘(iii) poultry waste, including poultry ma- of this Act. the taxable year (determined under sub- nure and litter, wood shavings, straw, rice SEC. 802. CREDIT FOR CAPITAL COSTS OF QUALI- section (c) without regard to this section) hulls, and other bedding material for the dis- FIED BIOMASS-BASED GENERATING shall be increased by an amount equal to the position of manure. SYSTEM. aggregate of each qualified progress expendi- ‘‘(B) CLOSED-LOOP BIOMASS.—The term (a) ALLOWANCE OF QUALIFIED BIOMASS- ture for the taxable year with respect to ‘closed-loop biomass’ means any organic ma- BASED GENERATING SYSTEM FACILITY CRED- progress expenditure property. terial from a plant which is planted exclu- IT.—Section 46 (relating to amount of cred- ‘‘(2) PROGRESS EXPENDITURE PROPERTY DE- sively for purposes of being used at a quali- it), as amended by section 501(a), is amended FINED.—For purposes of this subsection, the fied facility to produce electricity.’’ by striking ‘and’ at the end of paragraph (3), term ‘progress expenditure property’ means (b) EXTENSION AND MODIFICATION OF by striking the period at the end of para- any property being constructed by or for the PLACED-IN-SERVICE RULES.—Paragraph (4) of graph (4) and inserting ‘, and’, and by adding taxpayer and which— section 45(c), as redesignated by subsection at the end the following: ‘‘(A) cannot reasonably be expected to be (a), is amended to read as follows: ‘‘(5) the qualified biomass-based generating completed in less than 18 months, and ‘‘(4) QUALIFIED FACILITY.— system facility credit.’’ ‘‘(B) it is reasonable to believe will qualify ‘‘(A) WIND FACILITY.—In the case of a facil- (b) AMOUNT OF CREDIT.—Subpart E of part as a qualified biomass-based generating sys- ity using wind to produce electricity, the IV of subchapter A of chapter 1 (relating to tem facility which is being constructed by or term ‘qualified facility’ means any facility rules for computing investment credit), as for the taxpayer when it is placed in service. owned by the taxpayer which is originally amended by section 501(b), is amended by in- ‘‘(3) QUALIFIED PROGRESS EXPENDITURES DE- placed in service after December 31, 1993, and serting after section 48C the following: FINED.—For purposes of this subsection— before January 1, 2004. ‘‘SEC. 48C. QUALIFIED BIOMASS-BASED GENER- ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the ‘‘(B) CLOSED-LOOP BIOMASS FACILITY.—In ATING SYSTEM FACILITY CREDIT. case of any self-constructed property, the the case of a facility using closed-loop bio- ‘‘(a) IN GENERAL.—For purposes of section term ‘qualified progress expenditures’ means mass to produce electricity, the term ‘quali- 46, the qualified biomass-based generating the amount which, for purposes of this sub- fied facility’ means any facility owned by system facility credit for any taxable year is part, is properly chargeable (during such tax- the taxpayer which is— an amount equal to 20 percent of the quali- able year) to capital account with respect to ‘‘(i) originally placed in service after De- fied investment in a qualified biomass-based such property. cember 31, 1992, and before January 1, 2004, or generating system facility for such taxable ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.—In ‘‘(ii) originally placed in service before De- year. the case of non-self-constructed property, cember 31, 1992, and modified to use closed ‘‘(b) QUALIFIED BIOMASS-BASED GENERATING the term ‘qualified progress expenditures’ loop biomass to co-fire with coal such date SYSTEM FACILITY.— means the amount paid during the taxable and before January 1, 2004. ‘‘(1) IN GENERAL.—For purposes of sub- year to another person for the construction ‘‘(C) BIOMASS FACILITY.—In the case of a fa- section (a), the term ‘qualified biomass- of such property. cility using biomass (other than closed-loop based generating system facility’ means a fa- ‘‘(4) OTHER DEFINITIONS.—For purposes of biomass) to produce electricity, the term cility of the taxpayer— this subsection— ‘qualified facility’ means any facility owned ‘‘(A)(i) the original use of which com- ‘‘(A) SELF-CONSTRUCTED PROPERTY.—The by the taxpayer which is originally placed in mences with the taxpayer or the reconstruc- term ‘self-constructed property’ means prop- service after the date of the enactment of tion of which is completed by the taxpayer erty for which it is reasonable to believe this paragraph and before January 1, 2004. (but only with respect to that portion of the that more than half of the construction ex- ‘‘(E) SPECIAL RULES.— basis which is properly attributable to such penditures will be made directly by the tax- ‘‘(i) COMBINED PRODUCTION FACILITIES IN- reconstruction), or payer. CLUDED.—For purposes of this paragraph, the ‘‘(ii) that is acquired through purchase (as ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.— term qualified facility shall include a facil- defined by section 179(d)(2)), The term ‘non-self-constructed property’ ity using biomass to produce electricity and ‘‘(B) that is depreciable under section 167, means property which is not self-constructed ethanol. ‘‘(C) that has a useful life of not less than property. ‘‘(ii) SPECIAL RULES.—In the case of a 4 years, and ‘‘(C) CONSTRUCTION, ETC.—The term ‘con- qualified facility described in subparagraph ‘‘(D) that uses a qualified biomass-based struction’ includes reconstruction and erec- (C) or (D)— generating system. tion, and the term ‘constructed’ includes re- ‘‘(I) the 10-year period referred to in sub- ‘‘(2) SPECIAL RULE FOR SALE-LEASEBACKS.— constructed and erected. section (a) shall be treated as beginning no For purposes of subparagraph (A) of para- ‘‘(D) ONLY CONSTRUCTION OF QUALIFIED BIO- earlier than the date of the enactment of graph (1), in the case of a facility that— MASS-BASED GENERATING SYSTEM FACILITY TO this paragraph, and ‘‘(A) is originally placed in service by a BE TAKEN INTO ACCOUNT.—Construction shall ‘‘(II) subsection (b)(3) shall not apply to person, and be taken into account only if, for purposes of any such facility originally placed in service ‘‘(B) is sold and leased back by such per- this subpart, expenditures therefor are prop- before January 1, 1997.’’ son, or is leased to such person, within 3 erly chargeable to capital account with re- (c) ELECTRICITY PRODUCED FROM BIOMASS months after the date such facility was spect to the property. CO-FIRED IN COAL PLANTS.—Paragraph (1) of originally placed in service, for a period of ‘‘(5) ELECTION.—An election under this sub- section 45(a) (relating to general rule) is not less than 12 years, such facility shall be section may be made at such time and in amended by inserting ‘‘(1.0 cents in the case treated as originally placed in service not such manner as the Secretary may by regu- of electricity produced by biomass cofired in earlier than the date on which such property lations prescribe. Such an election shall a facility which produces electricity from is used under the leaseback (or lease) re- apply to the taxable year for which made and coal)’’ after ‘‘1.5 cents.’’ ferred to in subparagraph (B). The preceding to all subsequent taxable years. Such an (d) COORDINATION WITH OTHER CREDITS.— sentence shall not apply to any property if election, once made, may not be revoked ex- Section 45(d) (relating to definitions and spe- the lessee and lessor of such property make cept with the consent of the Secretary. cial rules) is amended by adding at the end an election under this sentence. Such an ‘‘(e) COORDINATION WITH OTHER CREDITS.— the following: election, once made, may be revoked only This section shall not apply to any property ‘‘(8) COORDINATION WITH OTHER CREDITS.— with the consent of the Secretary. with respect to which the rehabilitation This section shall not apply to any produc- ‘‘(3) QUALIFIED BIOMASS-BASED GENERATING credit under section 47 or the energy credit tion with respect to which the clean coal SYSTEM.—For purposes of paragraph (1)(D), under section 48A is allowed unless the tax- technology production credit under section the term ‘qualified biomass-based generating payer elects to waive the application of such 45(b) is allowed unless the taxpayer elects to system’ means a biomass-based integrated credits to such property.’’. waive the application of such credit to such gasification combined cycle (IGCC) gener- (c) RECAPTURE.—Section 50(a) (relating to production.’’ ating system which has an electricity-only other special rules), as amended by section ‘‘(9) PROPORTIONAL CREDIT FOR FACILITY generation efficiency greater than 40 per- 501(c), is amended by adding at the end the USING COAL TO CO-FIRE WITH BIOMASS.—In the cent. following:

VerDate jul 14 2003 10:38 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12499

‘‘(7) SPECIAL RULES RELATING TO QUALIFIED SEC. 803. TREATMENT OF FACILITIES USING BA- ‘‘(B) is sold and leased back by such per- BIOMASS-BASED GENERATING SYSTEM FACIL- GASSE TO PRODUCE ENERGY AS son, or is leased to such person, within 3 ITY.—For purposes of applying this sub- SOLID WASTE DISPOSAL FACILITIES months after the date such facility was section in the case of any credit allowable by ELIGIBLE FOR TAX-EXEMPT FINANC- originally placed in service, for a period of ING. reason of section 48C, the following shall not less than 12 years, such facility shall be (a) IN GENERAL.—Section 142 (relating to apply: treated as originally placed in service not exempt facility bond) is amended by adding earlier than the date on which such property ‘‘(A) GENERAL RULE.—In lieu of the amount at the end the following: is used under the leaseback (or lease) re- of the increase in tax under paragraph (1), ‘‘(k) SOLID WASTE DISPOSAL FACILITIES.— ferred to in subparagraph (B). The preceding the increase in tax shall be an amount equal For purposes of subsection (a)(6), the term sentence shall not apply to any property if to the investment tax credit allowed under ‘‘solid waste disposal facilities’’ includes the lessee and lessor of such property make section 38 for all prior taxable years with re- property located in Hawaii and used for the an election under this sentence. Such an spect to a qualified biomass-based gener- collection, storage, treatment, utilization, election, once made, may be revoked only ating system facility (as defined by section processing, or final disposal of bagasse in the with the consent of the Secretary. 48C(b)) multiplied by a fraction whose nu- manufacture of ethanol.’’. ‘‘(3) STEELMAKING ENERGY EFFICIENCY.—For merator is the number of years remaining to (b) EFFECITIVE DATE.—The amendment purposes of paragraph (1)(A), steelmaking fully depreciate under this title the qualified made by this section shall apply to bonds energy efficiency shall be measured in BTu’s biomass-based generating system facility issued after the date of the enactment of this per ton of raw steel produced. disposed of, and whose denominator is the Act. ‘‘(c) QUALIFIED INVESTMENT.—For purposes total number of years over which such facil- TITLE IX—STEELMAKING ity would otherwise have been subject to de- of subsection (a), the term ‘qualified invest- preciation. For purposes of the preceding SEC. 901. CREDIT FOR INVESTMENT IN ENERGY- ment’ means, with respect to any taxable sentence, the year of disposition of the quali- EFFICIENT STEELMAKING FACILI- year, the basis of an energy-efficient TIES. fied biomass-based generating system facil- steelmaking facility placed in service by the (a) ALLOWANCE OF ENERGY-EFFICIENT ity shall be treated as a year of remaining taxpayer during such taxable year. STEELMAKING FACILITY CREDIT.—Section 46 depreciation. ‘‘(d) QUALIFIED PROGRESS EXPENDITURES.— (relating to amount of credit), as amended ‘‘(1) INCREASE IN QUALIFIED INVESTMENT.— ‘‘(B) PROPERTY CEASES TO QUALIFY FOR by section 802(a), is amended by striking In the case of a taxpayer who has made an PROGRESS EXPENDITURES.—Rules similar to ‘and’ at the end of paragraph (4), by striking election under paragraph (5), the amount of the rules of paragraph (2) shall apply in the the period at the end of paragraph (5) and in- the qualified investment of such taxpayer for case of qualified progress expenditures for a serting ‘, and’, and by adding at the end the the taxable year (determined under sub- qualified biomass-based generating system following: section (c) without regard to this section) facility under section 48C, except that the ‘‘(b) the energy-efficient steelmaking facil- shall be increased by an amount equal to the amount of the increase in tax under subpara- ity credit.’’ aggregate of each qualified progress expendi- graph (A) of this paragraph shall be sub- (b) AMOUNT OF ENERGY-EFFICIENT ture for the taxable year with respect to stituted in lieu of the amount described in STEELMAKING FACILITY CREDIT.—Subpart E progress expenditure property. such paragraph (2). of part IV of subchapter A of chapter 1 (re- ‘‘(2) PROGRESS EXPENDITURE PROPERTY DE- ‘‘(C) APPLICATION OF PARAGRAPH.—This lating to rules for computing investment FINED.—For purposes of this subsection, the paragraph shall be applied separately with credit), as amended by section 802(b), is term ‘progress expenditure property’ means respect to the credit allowed under section 38 amended by inserting after section 48C the any property being constructed by or for the regarding a qualified biomass-based gener- following: taxpayer and which it is reasonable to be- ating system facility.’’. SEC. 48D. ENERGY-EFFICIENT STEELMAKING FA- lieve will qualify as an energy-efficient CILITY CREDIT. (d) TRANSITIONAL RULE.—Section 39(d) of steelmaking facility which is being con- the Internal Revenue Code of 1986 (relating ‘‘(a) IN GENERAL.—For purposes of section structed by or for the taxpayer when it is to transitional rules), as amended by section 46, the energy-efficient steelmaking facility placed in service. 501(d), is amended by adding at the end the credit for any taxable year is an amount ‘‘(3) QUALIFIED PROGRESS EXPENDITURES DE- following: equal to 10 percent of the qualified invest- FINED.—For purposes of this subsection— ment in an energy-efficient steelmaking fa- ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the ‘‘(11) NO CARRYBACK OF SECTION 48C CREDIT cility for such taxable year. case of any self-constructed property, the BEFORE EFFECTIVE DATE.—No portion of the ‘‘(b) ENERGY-EFFICIENT STEELMAKING FA- term ‘qualified progress expenditures’ means unused business credit for any taxable year CILITY.— the amount which, for purposes of this sub- which is attributable to the qualified bio- ‘‘(I) IN GENERAL.—For purposes of sub- part, is properly chargeable (during such tax- mass-based generating system facility credit section (a), the term ‘energy-efficient able year) to capital account with respect to determined under section 48C may be carried steelmaking facility’ means a facility of the such property. back to a taxable year ending before the date taxpayer— ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.—In of the enactment of section 48C.’’ ‘‘(A)(i) which— the case of non-self-constructed property, (e) TECHNICAL AMENDMENTS— ‘‘(I) with respect to a facility the original the term ‘qualified progress expenditures’ (1) Section 49(a)(1)(C), as amended by sec- use of which commences with the taxpayer, means the amount paid during the taxable tion 501(e), is amended by striking ‘‘and’’ at improves steelmaking energy efficiency by year to another person for the construction the end of clause (iii), by striking the period 20 percent over the energy efficiency norm of of such property. at the end of clause (iv) and inserting ‘‘, the industry as determined by the Secretary ‘‘(4) OTHER DEFINITIONS.—For purposes of and’’, and by adding at the end the following: for the year in which such facility is placed this subsection— in service, or (A) SELF-CONSTRUCTED PROPERTY.—The ‘‘(v) the portion of the basis of any quali- ‘‘(II) with respect to a facility which re- term ‘self-constructed property’ means prop- fied biomass-based generating system facil- places an existing steelmaking facility and erty for which it is reasonable to believe ity attributable to any qualified investment the original use of which commences with that more than half of the construction ex- (as defined by section 48C(c)).’’ the taxpayer, improves steelmaking energy penditures will be made directly by the tax- (2) Section 50(a)(4), as amended by section efficiency by 20 percent over the average en- payer. 501(e), is amended by striking ‘‘and (6)’’ and ergy efficiency of the replaced facility for ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.— inserting ‘‘, (6), and (7)’’. the 2 taxable years preceding the year in The term ‘non-self-constructed property’ (3) The table of sections for subpart E of which the replacing facility is placed in serv- means property which is not self-constructed part IV of subchapter A of chapter 1, as ice (but only with respect to that portion of property. amended by section 501 (e), is amended by in- the basis which is properly attributable to ‘‘(C) CONSTRUCTION, ETC.—The term ‘con- serting after the item relating to section 48B such replacement), or struction’ includes reconstruction and erec- the following: ‘‘(ii) that is acquired through purchase (as tion, and the term ‘constructed’ includes re- defined by section 179(d)(2)), constructed and erected. ‘‘SEC. 48C. QUALIFIED BIOMASS-BASED GENER- ‘‘(B) that is depreciable under section 167, ‘‘(D) ONLY CONSTRUCTION OF ENERGY-EFFI- ATING SYSTEM FACILITY CREDIT.’’ and CIENT STEELMAKING FACILITY TO BE TAKEN (f) EFFECTIVE DATE.—The amendments ‘‘(C) that has a useful life of not less than INTO ACCOUNT.—Construction shall be taken made by this section shall apply to periods 4 years. into account only if, for purposes of this sub- after December 31, 1999, under rules similar ‘‘(2) SPECIAL RULE FOR SALE-LEASEBACKS.— part, expenditures therefor are properly to the rules of section 48(m) of the Internal For purposes of subparagraph (A) of para- chargeable to capital account with respect to Revenue Code of 1986 (as in effect on the day graph (1), in the case of a facility that— the property. before the date of the enactment of the Rev- ‘‘(A) is originally placed in service by a ‘‘(5) ELECTION.—An election under this sub- enue Reconciliation Act of 1990). person, and section may be made at such time and in

VerDate jul 14 2003 10:38 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.003 S27JN0 12500 CONGRESSIONAL RECORD—SENATE June 27, 2000 such manner as the Secretary may by regu- amended by section 802(e), is amended by in- chapter A of chapter 1 is amended by insert- lations prescribe. Such an election shall serting after the item relating to section 48C ing ‘‘and waste energy’’ after ‘‘renewable’’. apply to the taxable year for which made and the following: (e) EFFECTIVE DATE.—The amendments to all subsequent taxable years. Such an ‘‘Sec. 48D. Energy-efficient steelmaking facility cred- made by this section shall apply to taxable election, once made, may not be revoked ex- it.’’ years beginning after December 31, 2001, and cept with the consent of the Secretary. (f) EFFECTIVE DATE.—The amendments before January 1, 2005. ‘‘(e) COORDINATION WITH OTHER CREDITS.— made by this section shall apply to periods TITLE X—AGRICULTURE This section shall not apply to any property after December 31, 1999, under rules similar SEC. 1001. AGRICULTURAL CONSERVATION TAX with respect to which the rehabilitation to the rules of section 48(m) of the Internal CREDIT. credit under section 47 or the energy credit Revenue Code of 1986 (as in effect on the day (a) IN GENERAL.—Subpart D of part IV of under section 48A is allowed unless the tax- before the date of the enactment of the Rev- subchapter A of chapter I (relating to busi- payer elects to waive the application of such enue Reconciliation Act of 1990). ness related credits), as amended by section credits to such property. SEC. 902. EXTENSION OF CREDIT FOR ELEC- 701(a), is amended by adding at the end the ‘‘(f) TERMINATION.—This section shall not TRICITY TO PRODUCTION FROM following: apply with respect to any qualified invest- STEEL COGENERATION. ment after December 31, 2004.’’ (a) EXTENSION OF CREDIT FOR COKE PRODUC- ‘‘SEC. 45G. AGRICULTURAL CONSERVATION CREDIT. (c) RECAPTURE.—Section 50(a) (relating to TION AND STEEL MANUFACTURING FACILI- ‘‘(a) IN GENERAL.—For purposes of section other special rules), as amended by section TIES.—Section 45(c)(1) (defining qualified en- 802(c), is amended by adding at the end the ergy resources), as amended by section 38, in the case of an eligible person, the agri- following: 801(a)(1), is amended by striking ‘‘and’’ at cultural conservation credit determined ‘‘(8) SPECIAL RULES RELATING TO ENERGY- the end of subparagraph (C), by striking the under this section for the taxable year is an EFFICIENT STEELMAKING FACILITY.—For pur- period at the end of subparagraph (D) and in- amount equal to— poses of applying this subsection in the case serting ‘‘, and’’, and by adding at the end the ‘‘(1) 10 percent of the eligible conservation of any credit allowable by reason of section following: tillage equipment expenses, and 48D, the following shall apply: ‘‘(E) steel cogeneratiory.’’ ‘‘(2) 10 percent of the eligible irrigation ‘‘(A) GENERAL RULE.—In lieu of the amount (b) STEEL COGENERATION.—Section 45(c), as equipment expenses, paid or incurred by such of the increase in tax under paragraph (1), amended by subsections (a)(2) and (b) of sec- person in connection with the active conduct the increase in tax shall be an amount equal tion 801, is amended by redesignating para- of the trade or business of fanning for the to the investment tax credit allowed under graph (4) as paragraph (5) and by inserting taxable year. section 38 for all prior taxable years with re- after paragraph (3) the following: ‘‘(b) ELIGIBLE PERSON.—For purposes of spect to an energy-efficient steelmaking fa- ‘‘(4) STEEL COGENERATION.— this section, the term ‘eligible person’ cility (as defined by section 48D(b)) multi- ‘‘(A) IN GENERAL.—The term ‘steel cogen- means, with respect to any taxable year, any plied by a fraction whose numerator is the eration’ means the production of steam or person if the average annual gross receipts of number of years remaining to fully depre- other form of thermal energy of at least 20 such person for the 3 preceding taxable years ciate under this title the energy-efficient percent of total production and the produc- do not exceed $1,000,000. For purposes of the steelmaking facility disposed of, and whose tion of electricity or mechanical energy (or preceding sentence, rules similar to the rules denominator is the total number of years both) of at least 20 percent of total produc- of section 448(c)(3) shall apply. over which such facility would otherwise tion if the cogeneration meets regulatory en- ‘‘(c) LIMITATION.—The amount of the credit have been subject to depreciation. For pur- ergy-efficiency standards established by the allowed under subsection (a) for any taxable poses of the preceding sentence, the year of Secretary and only to the extent that such year shall not exceed $2,500 for each credit disposition of the energy-efficient energy is produced from— determined under paragraph (1) or (2) of such steelmaking facility property shall be treat- ‘‘(i) gases or heat generated during the pro- subsection. ed as a year of remaining depreciation. duction of coke, ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(B) PROPERTY CEASES TO QUALIFY FOR ‘‘(ii) blast furnace gases or heat generated tion— PROGRESS EXPENDITURES.—Rules similar to during the production of iron ore or iron, or ‘‘(1) ELIGIBLE CONSERVATION TILLAGE EQUIP- the rules of paragraph (2) shall apply in the ‘‘(iii) waste gases or heat generated from MENT EXPENSES.— case of qualified progress expenditures for an the manufacture of steel that uses at least 20 ‘‘(A) IN GENERAL.—The term ‘eligible con- energy-efficient steelmaking facility under percent recycled material. servation tillage equipment expenses’ means section 48D, except that the amount of the ‘‘(B) TOTAL PRODUCTION.—For purposes of amounts paid or incurred by a taxpayer to increase in tax under subparagraph (A) of subparagraph (A), the term ‘total produc- purchase and install conservation tillage this paragraph shall be substituted in lieu of tion’ means, with respect to any facility equipment for use in the trade or business of the amount described in such paragraph (2). which produces coke, iron ore, iron, or steel, the taxpayer. ‘‘(C) APPLICATION OF PARAGRAPH.—This production from all waste sources described ‘‘(B) CONSERVATION TILLAGE EQUIPMENT.— paragraph shall be applied separately with in clauses (i), (ii), and (iii) of subparagraph The term ‘conservation tillage equipment’ respect to the credit allowed under section 38 (A) (whichever applicable) from the entire fa- means a no-till planter or drill designed to regarding an energy-efficient steelmaking cility.’’ minimize the disturbance of the soil in facility.’’ (c) MODIFICATION OF PLACED IN SERVICE planting crops, including such planters or (d) TRANSITIONAL RULE.—Section 39(d) of RULES FOR STEEL COGENERATION FACILI- drills which may be attached to equipment the Internal Revenue Code of 1986 (relating TIES.—Section 45(c)(5) (defining qualified fa- already owned by the taxpayer. to transitional rules), as amended by section cility), as amended by section 801(b) and re- ‘‘(2) ELIGIBLE IRRIGATION EQUIPMENT EX- 802(d), is amended by adding at the end the designated by subsection (b), is amended by PENSES.—The term ‘eligible irrigation equip- following: redesignating subparagraph (E) as subpara- ment expenses’ means amounts paid or in- ‘‘(12) NO CARRYBACK OF SECTION 48D CREDIT graph (F) and by inserting after subpara- curred by a Taxpayer— BEFORE EFFECTIVE DATE.—No portion of the graph (D) the following: ‘‘(A) to purchase and install on currently unused business credit for any taxable year ‘‘(E) STEEL COGENERATION FACILITIES.—In irrigated lands new or upgraded equipment which is attributable to the energy-efficient the case of a facility using steel cogenera- which will improve the efficiency of existing steelmaking facility credit determined under tion to produce electricity, the term ‘quali- irrigation systems used in the trade or busi- section 48D may be carried back to a taxable fied facility’ means any facility permitted to ness of the taxpayer, including— year ending before the date of the enactment operate under the environmental require- ‘‘(i) spray jets or nozzles which improve of section 48D.’’ ments of the Clean Air Act Amendments of water distribution efficiency, (e) TECHNICAL AMENDMENTS.— 1990 which is owned by the taxpayer and ‘‘(ii) irrigation well meters, (1) Section 49(a)(1)(C), as amended by sec- originally placed in service after December ‘‘(iii) surge valves and surge irrigation sys- tion 802(e), is amended by striking ‘and’ at 31, 1999, and before January 1, 2005. Such a fa- tems, and the end of clause (iv), by striking the period cility may be treated as originally placed in ‘‘(iv) conversion of equipment from gravity at the end of clause (v) and inserting ‘, and’, service when such facility was last upgraded irrigation to sprinkler or drip irrigation, in- and by adding at the end the following: to increase efficiency or generation capa- cluding center pivot systems, and ‘‘(vi) the portion of the basis of any en- bility. However, no facility shall be allowed ‘‘(B) for service required to schedule the ergy-efficient steelmaking facility attrib- a credit under this section for more than 10 use of such irrigation equipment as nec- utable to any qualified investment (as de- years of production.’’ essary to manage water application to the fined by section 48D(c)).’’ (d) CONFORMING AMENDMENTS.— crop requirement based on local evaporation (2) Section 50(a)(4), as amended by section (1) The heading for section 45 is amended and transpiration rates or soil moisture. 802(e), is amended by striking ‘‘and (7)’’ and by inserting ‘‘and waste energy’’ after ‘‘re- ‘‘(e) SPECIAL RULES.— inserting ‘‘, (7), and (8)’’. newable’’. ‘‘(1) REDUCTION IN BASIS.—For purposes of (3) The table of sections for subpart E of (2) The item relating to section 45 in the this subtitle, if a credit is determined under part IV of subchapter A of chapter 1, as table of sections subpart D of part TV of sub- this section with respect to any property,

VerDate jul 14 2003 10:38 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12501 the basis of such property shall be reduced chusetts, Connecticut, Rhode Island, New under this part, the Secretary of the Treas- by the amount of the credit so determined. York, Pennsylvania, and New Jersey; and ury shall establish in the Treasury of the ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND ‘‘(2) the term ‘petroleum distillate’ in- United States an account known as the TRUSTS.—For purposes of this section, under cludes heating oil and diesel fuel. ‘Northeast Home Heating Oil Reserve Ac- regulations prescribed by the Secretary, AUTHORITY count’ (referred to in this section as the ‘Ac- rules similar to the rules of subsection (d) of ‘‘SEC. 182. To the extent necessary or ap- count’). section 52 shall apply. propriate to carry out this part, the Sec- ‘‘(b) The Secretary of the Treasury shall ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- retary may— deposit in the Account any amounts appro- SHIPS.—For purposes of this section, in the ‘‘(1) purchase, contract for, lease, or other- priated to the Account and any receipts from case of partnerships, the credit shall be allo- wise acquire, in whole or in part, storage and the sale, exchange, or other disposition of pe- cated among partners under regulations pre- related facilities, and storage services; troleum distillate from the Reserve. scribed by the Secretary. ‘‘(2) use, lease, maintain, sell, or otherwise ‘‘(c) The Secretary of Energy may obligate ‘‘(4) DENIAL OF DOUBLE BENEFIT.—No other dispose of storage and related facilities ac- amounts in the Account to carry out activi- deduction or credit shall be allowed to the quired under this part; ties under this part without the need for fur- taxpayer under this chapter for any amount ‘‘(3) acquire by purchase, exchange (includ- ther appropriation, and amounts available to taken into account in determining the credit ing exchange of petroleum product from the the Secretary of Energy for obligation under under this section.’’. Strategic Petroleum Reserve or received as this section shall remain available without (b) Conforming Amendments— royalty from Federal lands), lease, or other- fiscal year limitation. wise, petroleum distillate for storage in the (1) Section 38(b), as amended by section 701 ‘‘EXEMPTIONS (b), is amended by striking ‘plus’ at the end Northeast Home Heating Oil Reserve; ‘‘(4) store petroleum distillate in facilities ‘‘SEC. 185. An action taken under this part of paragraph (14), by striking the period at not owned by the United States; is not subject to the rulemaking require- the end of paragraph (15), and inserting ’, ‘‘(5) sell, exchange, or otherwise dispose of ments of section 523 of this Act, section 501 ‘plus’, and by adding at the end the fol- petroleum distillate from the Reserve estab- of the Department of Energy Organization lowing: lished under this part; and Act, or section 553 of title 5, United States ‘‘(16) the agricultural conservation credit ‘‘(6) notwithstanding paragraph (5), on Code; and determined under section 45G.’’. terms the Secretary considers reasonable, ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (2) The table of sections for subpart D of sell, exchange, or otherwise dispose of petro- There are authorized to be appropriated such part IV of subchapter A of chapter 1, as leum distillate from the Reserve established sums as may be necessary to carry out part amended by section 701 (c), is amended by under this part in order to maintain the D of title I of the Energy Policy and Con- adding at the end the following: quality or quantity of the petroleum dis- servation Act.’’. ‘‘SEC. 45G. Agricultural conservation cred- tillate in the Reserve or to maintain the SEC. 1102. ANNUAL HOME HEATING READINESS it.’’. operational capability of the Reserve. (3) Section 1016(a), as amended by section REPORTS. ‘‘CONDITIONS FOR RELEASE; PLAN 201 (b)(1), is amended by striking ‘and’ at the (a) IN GENERAL.—Part A of title I of the ‘‘SEC. 183. (a) The Secretary may drawdown end of paragraph (27), striking the period at Energy Policy and Conservation Act (42 the Reserve only upon a finding by the Presi- the end of paragraph (28) and inserting ’; U.S.C. 6211 et seq.) is amended by adding at dent that an emergency situation exists in and’, and adding at the end the following: the end the following: accordance with this section. ‘‘ANNUAL HOME HEATING READINESS REPORTS. ‘‘(29) in the case of property with respect ‘‘(b) The Secretary may recommend to the to which a credit was allowed under section President a drawdown of petroleum distillate ‘‘(a) IN GENERAL.—On or before September 45G, to the extent provided in section from the Reserve under section 182(5) in an 1 of each year, Secretary, acting through the 45G(d)(1).’’. emergency situation if at least one of the Administrator of the Energy Information (c) EFFECTIVE.—The amendments made by following conditions applies: Agency, shall submit to Congress a Home this section shall apply to taxable years be- ‘‘The price differential between crude oil Heating Readiness Report on the readiness of ginning after December 31, 1999. and residential No. 2 heating oil in the the heating oil and propane industries to TITLE XI—ENERGY EMERGENCIES northeast increases by— supply fuel under various weather condi- SEC. 1101. ENERGY POLICY AND CONSERVATION ‘‘(1) more than 15% over a two week period, tions, including rapid decreases in tempera- ACT AMENDMENTS. or ture. Title I of the Energy Policy and Conserva- ‘‘(2) more than 25% over a four week pe- ‘‘(b) CONTENTS.—The Home Heating Readi- tion Act (42 U.S.C. 6211–6251) is amended— riod, or ness Report shall include— ‘‘(3) more than 60% over its five year sea- (a) In section 166 (42 U.S.C. 6246), by insert- ‘‘(1) estimates of the consumption, expend- sonally adjusted rolling average. itures, and average price per gallon of heat- ing ‘‘through 2003’’ after ‘‘2000.’’. ‘‘(c) An emergency situation shall be (b) In section 181 (42 U.S.C. 6251), by strik- ing oil and propane for the upcoming period deemed to exist if the President determines of October through March for various weath- ing ‘‘March 31, 2000’’ each place it appears a severe energy supply disruption or a severe and inserting ‘‘September 30, 2003.’’. er conditions, with special attention to ex- price increase exists, as demonstrated by the treme weather, and various regions of the Title 11 of the Energy Policy and Conserva- Secretary as set forth in (b), and the price tion Act (42 U.S.C. 6261–6285) is amended— country; differential continues to increase during the ‘‘(2) an evaluation of— (a) In section 256(h) (42 U.S.C. 6276(h)), by most recent week for which price informa- inserting ‘‘through 2003’’ after ‘‘1999.’’. ‘‘(A) global and regional crude oil and re- tion is available. fined product supplies; (b) In section 281 (42 U.S.C. 6285), by strik- ‘‘(c) The Secretary shall conduct a con- ‘‘(B) the adequacy and utilization of refin- ing ‘‘March 31, 2000’’ each place it appears tinuing evaluation of the residential price ery capacity; and inserting ‘‘September 30, 2003.’’. data supplied by the Energy Information Ad- ‘‘(C) the adequacy, utilization, and dis- (a) AMENDMENT.—Title I of the Energy Pol- ministration for the Northeast and data on tribution of regional refined product storage icy and Conservation Act is amended by— crude oil prices from published sources. (1) redesignating part D as part E; ‘‘(d) The drawdown of the Reserve shall be capacity; (2) redesignating section 181 as section 191; conducted by competitive bid. Bids shall be ‘‘(D) weather conditions; and evaluated to ensure comparable market ‘‘(E) the refined product transportation (3) inserting after part C the following new value. system; part D: ‘‘(e) Within 45 days of the date of the en- ‘‘(F) market inefficiencies; and ‘‘(G) any other factor affecting the func- ‘‘Part D—Northeast Home Heating Oil Reserve actment of this section, the Secretary shall transmit to the President and, if the Presi- tional capability of the heating oil industry ‘‘ESTABLISHMENT dent approves, to the Congress a plan de- and propane industry that has the potential ‘‘SEC. 181. (a) Notwithstanding any other scribing— to affect national or regional supplies and provision of this Act, the Secretary may es- ‘‘(1) the acquisition of storage and related prices; tablish, maintain, and operate in the North- facilities or storage services for the Reserve; ‘‘(3) recommendations on steps that the east a Northeast Home Heating Oil Reserve. ‘‘(2) the acquisition of petroleum distillate Federal, State, and local governments can A Reserve established under this part is not for storage in the Reserve; take to prevent or alleviate the impact of a component of the Strategic Petroleum Re- ‘‘(3) the anticipated methods of disposition sharp and sustained increases in the price of serve established under part B of this title. A of petroleum distillate from the Reserve; and heating oil and propane; and Reserve established under this part shall ‘‘(4) the estimated costs of establishment, ‘‘(4) recommendations on steps that com- contain no more than 2 million barrels of pe- maintenance, and operation of the Reserve. panies engaged in the production, refining, troleum distillate.’’. NORTHEAST HOME HEATING OIL RESERVE storage, transportation of heating oil or pro- ‘‘(b) For the purposes of this part— ACCOUNT pane, or any other activity related to the ‘‘(1) the term ‘Northeast’ means the States ‘‘SEC. 184. (a) Upon a decision of the Sec- heating oil industry or propane industry, can of Maine, New Hampshire, Vermont, Massa- retary of Energy to establish a Reserve take to prevent or alleviate the impact of

VerDate jul 14 2003 10:38 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 12502 CONGRESSIONAL RECORD—SENATE June 27, 2000 sharp and sustained increases in the price of 6201) is amended by inserting after the item and size of each Federal Energy Service Per- heating oil and propane. relating to section 272 the following: formance Contract into which they have en- ‘‘(c) INFORMATION REQUESTS.—The Sec- ‘‘SEC. 273. Summer fill and fuel budgeting tered.’’ retary may request information necessary to programs.’’. (2) by inserting a new section E to read, ‘‘A prepare the Home Heating Readiness Report SEC. 1104. USE OF ENERGY FUTURES FOR FUEL federal agency may conduct a pilot program from companies described in subsection PURCHASES. to use multiyear contracts under this title (b)(4).’’. (a) HEATING OIL STUDY.—The Secretary to cover the cost of constructing a new (b) CONFORMING AND TECHNICAL AMEND- shall conduct a study— building from the energy savings resulting MENTS.—The Energy Policy and Conserva- (1) to ascertain if the use of energy futures from closing an older building. Up to five tion Act is amended— and options contracts could provide cost-ef- pilot contracts may be entered into under (1) in the table of contents in the first sec- fective protection from sudden surges in the this authority. Each agency participating in tion (42 U.S.C. prec. 6201), by inserting after price of heating oil (including number two the pilot program shall submit a report to the item relating to section 106 the fol- fuel oil, propane, and kerosene) for govern- Congress on the location, energy savings, lowing: ments, consumer cooperatives, and other or- cost of new construction, and size of the Fed- ‘‘SEC. 107. Major fuel burning stationary ganizations that purchase heating oil in bulk eral Energy Service Contract for each pilot source. to market to end use consumers in the project under this section.’’ ‘‘SEC. 108. Annual home heating readiness Northeast (Maine, New Hampshire, Vermont, SEC. 1202. WEATHERIZATION. reports;’’ and Massachusetts, Rhode Island, Connecticut, (a) Section 414 of the Energy and Conserva- (2) in section 107 (42 U.S.C. 6215), by strik- New York, Pennsylvania, and New Jersey); tion and Production Act (42 U.S.C. 6865) is ing ‘‘SEC. 107. (a) No Governor’’ and inserting and amended by inserting the following sentence the following: (2) to ascertain how these entities may be in subsection (a) the following sentence, ‘‘SEC. 107. MAJOR FUEL BURNING STATIONARY most effectively educated in the prudent use ‘‘The application shall contain the state’s SOURCE. of energy futures and options contracts to best estimate of matching funding available ‘‘(a) No Governor.’’. maximize their purchasing effectiveness, from state and local governments and from SEC. 1103. SUMMER FILL AND FUEL BUDGETING protect themselves against sudden or unan- private sources,’’ after the words ‘‘assistance PROGRAMS. ticipated surges in the price of heating oil, to such persons’’. And, by inserting the (a) IN GENERAL.—Part C of title II of the and minimize long-term heating oil costs. words, ‘‘without regard to availability of Energy Policy and Conservation Act (42 (b) REPORT.—The Secretary, no later than matching funding’’, after the words ‘‘low-in- U.S.C. 6211 et seq.) is amended by adding at 180 days after appropriations are enacted to come persons throughout the States,’’ the end the following: carry out this Act, shall transmit the study (b) Section 415 of the Energy and Conserva- ‘‘SEC. 273. SUMMER FILL AND FUEL BUDGETING required in this section to the Committee on tion and Production Act (42 U.S.C. 6865) is PROGRAMS. Energy and Commerce of the House of Rep- amended— ‘‘(a) DEFINITIONS.—In this section: resentatives and the Committee on Energy (1) in subsection (a)(1) by striking the first ‘‘(1) BUDGET CONTRACT.—The term ‘budget and Natural Resources of the Senate. The re- sentence; contract’ means a contract between a re- port shall contain a review of prior studies (2) in subsection (a)(2) by— tailer and a consumer under which the heat- conducted on the subjects described in sub- (A) striking ‘‘(A)’’, ing expenses of the consumer are spread section (a). (B) striking ‘‘approve a State’s application evenly over a period of months. (c) PILOT PROGRAM.—If the study required to waive the 40 percent requirement estab- ‘‘(2) FIXED-PRICE CONTRACT.—The term in subsection (a) indicates that futures and lished in paragraph (1) if the State includes ‘fixed-price contract’ means a contract be- options contracts can provide cost-effective in its plan’’ and inserting ‘‘establish’’, and tween a retailer and a consumer under which protection from sudden surges in heating oil (C) striking subparagraph (B); the retailer charges the consumer a set price prices, the Secretary shall conduct a pilot (3) in subsection (c)(1) by— for propane, kerosene, or heating oil without program, commencing not later than 30 days (A) striking ‘‘paragraphs (3) and (4)’’ and regard to market price fluctuations. after the transmission of the study required inserting ‘‘paragraph (3)’’, ‘‘(3) PRICE CAP CONTRACT.—The term ‘price in subsection (b), to educate such govern- (B) striking ‘‘$1600’’ and inserting ‘‘$2500’’, cap contract’ means a contract between a re- mental entities, consumer cooperatives, and (C) striking ‘‘and’’ at the end of subpara- tailer and a consumer under which the re- other organizations on the prudent and cost- graph (C), tailer charges the consumer the market effective use of energy futures and options (D) striking the period and inserting price for propane, kerosene, or heating oil, contracts to increase their protection ‘‘;and’’ in subparagraph (D), and but the cost of the propane, kerosene, or against sudden or unanticipated surges in (E) inserting after subparagraph (D) the heating oil may not exceed a maximum the price of heating oil and increase the effi- following new subparagraph: ‘‘(E) the cost of amount stated in the contract. ciency of their heating oil purchase pro- making heating and cooling modifications, ‘‘((b) ASSISTANCE—At the request of the grams. including replacement.’’; chief executive officer of a State, the Sec- (d) AUTHORIZATION.—There is authorized to (4) in subsection (c)(3) by— retary shall provide information, technical be appropriated $3 million in fiscal year 2001 (A) striking ‘‘1991, the $1600 per dwelling assistance, and funding— to carry out this section. unit limitation’’ and inserting ‘‘2000, the ‘‘(1) to develop education and outreach pro- SEC. 1105. FULL EXPENSING OF HOME HEATING $2500 per dwelling unit average’’, grams to encourage consumers to fill their OIL AND PROPANE STORAGE FACILI- (B) striking ‘‘limitation’’ and inserting storage facilities for propane, kerosene, and TIES ‘‘average’’ each time it appears, and heating oil during the summer months; and (a) IN GENERAL.—Section 179(b) of the In- (C) inserting ‘‘the’’ after ‘‘beginning of’’ in ‘‘(2) to promote the use of budget con- ternal Revenue Code of 1986 (relating to limi- subparagraph (B); and tracts, price cap contracts, fixed-price con- tations) is amended by adding at the end the (5) by striking subsection (c)(4). tracts, and other advantageous financial ar- following— TITLE XIII—ELECTRIC RELIABILITY rangements; ‘‘(5) FULL EXPENSING OF HOME HEATING OIL AND PROPANE STORAGE FACILITIES—Para- SEC. 1301. SHORT TITLE. to avoid severe seasonal price increases for graphs (1) and (2) shall not apply to section and supply shortages of those products. This Act may be cited as the ‘‘Electric Re- 179 property which is any storage facility liability 2000 Act’’. ‘‘(c) PREFERENCE—In implementing this section, the Secretary shall give preference (not including a building or its structural SEC. 1302. ELECTRIC RELIABILITY ORGANIZA- to States that contribute public funds or le- components) used in connection with the dis- TION. verage private funds to develop State sum- tribution of home heating oil.’’ (a) IN GENERAL.—Part II of the Federal mer fill and fuel and fuel budgeting pro- TITLE XII—ENERGY EFFICIENCY Power Act (16 U.S.C. 824 et seq.) is amended grams. SEC. 1201. ENERGY SAVINGS PERFORMANCE CON- by adding at the end the following: ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— TRACTS ‘‘SEC. 215. ELECTRIC RELIABILITY ORGANIZA- There are authorized to be appropriated to That Section 155, Energy Savings Perform- TION. carry out this section— ance Contracts, of the Energy Policy Act (42 ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) $25,000,000 for fiscal year 2001; and U.S.C. 8262), is amended— ‘‘(1) AFFILIATED REGIONAL RELIABILITY EN- ‘‘(2) such sums as are necessary for each (1) in section D, TITY.—The term ‘affiliated regional reli- fiscal year thereafter. (A) by striking from subsection iii, ability entity’ means an entity delegated au- ‘‘(e) INAPPLICABILITY OF EXPIRATION PROVI- ‘‘$750,000’’; thority under subsection (h). SION.—Section 281 does not apply to this sec- (B) by inserting in subsection iii, (2) BULK-POWER SYSTEM.— tion. $10,000,000’’; and ‘‘(A) IN GENERAL.—The term ‘bulk-power (b) CONFORMING AMENDMENT.—The table of (C) by inserting a new subsection v to read, system’ means all facilities and control sys- contents in the first section of the Energy ‘‘Each agency head shall submit an annual tems necessary for operating an inter- Policy and Conservation Act (42 U.S.C. prec. report to Congress on the number, locations, connected electric power transmission grid

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12503

or any portion of an interconnected trans- ‘‘(A) IN GENERAL.—The term ‘system oper- regulations specifying procedures and re- mission grid. ator’ means an entity that operates or is re- quirements for an entity to apply for des- ‘‘(B) INCLUSIONS.—The term ‘bulk-power sponsible for the operation of a bulk-power ignation as the electric reliability organiza- system’ includes— system. tion. ‘‘(i) high voltage transmission lines, sub- ‘‘(B) INCLUSIONS.—The term ‘system oper- ‘‘(B) NOTICE AND COMMENT.—The Commis- stations, control centers, communications, ator’ includes— sion shall provide notice and opportunity— data, and operations planning facilities nec- ‘‘(i) a control area operator; for comment on the proposed regulations. essary for the operation of all or any part of ‘‘(ii) an independent system operator; (C) FINAL REGULATION.—Not later than 180 the interconnected transmission grid; and ‘‘(iii) a transmission company; days after the date of enactment of this sec- ‘‘(ii) the output of generating units nec- ‘‘(iv) a transmission system operator; and tion, the Commission shall promulgate final essary to maintain the reliability of the ‘‘(v) a regional security coordinator. regulations under this subsection. transmission grid. ‘‘(12) VARIANCE.—The term ‘variance’ ‘‘(2) APPLICATION.— ‘‘(3) BULK-POWER SYSTEM USER.—The term means an exception from the requirements of ‘‘(A) SUBMISSION.—Following the promul- ‘bulk-power system user’ means an entity an organization standard (including a pro- gation of final regulations under paragraph that— posal for an organization standard in a case (1), an entity may submit an application to ‘‘(A) sells, purchases, or transmits electric in which there is no organization standard) the Commission for designation as the elec- energy over a bulk-power system; or that is adopted by an affiliated regional reli- tric reliability organization. ‘‘(B) owns, operates, or maintains facilities ability entity and is applicable to all or a ‘‘(B) CONTENTS.—The applicant shall de- or control systems that are part of a bulk- part of the region for which the affiliated re- scribe in the application— power system; or gional reliability entity is responsible. ‘‘(i) the governance and procedures of the ‘‘(C) is a system operator. ‘‘(b) COMMISSION AUTHORITY.— applicant; and ‘‘(4) ELECTRIC RELIABILITY ORGANIZATION.— ‘‘(1) JURISDICTION.—Notwithstanding sec- ‘‘(ii) the funding mechanism and initial The term ‘‘electric reliability organization’’ tion 201(f), within the United States, the funding requirements of the applicant. means the organization designated by the Commission shall have jurisdiction over the ‘‘(3) NOTICE AND COMMENT.—The Commis- Commission under subsection (d). electric reliability organization, all affili- sion shall— ‘‘(5) ENTITY RULE.—The term ‘entity rule’ ated regional reliability entities, all system ‘‘(A) provide public notice of the applica- means a rule adopted by an affiliated re- operators, and all bulk-power system users, tion; and gional reliability entity for a specific region including entities described in section 201(f), (B) afford interested parties an oppor- and designed to implement or enflorce 1 or for purposes of approving organization stand- tunity to comment. more organization standards. ards and enforcing compliance with this sec- ‘‘(4) DESIGNATION OF ELECTRIC RELIABILITY ‘‘(6) INDEPENDENT DIRECTOR.—The term tion. ORGANIZATION.—The Commission shall des- ‘independent director’ means a person that— ‘‘(2) DEFINITION OF TERMS.—The Commis- ignate the applicant as the electric reli- ‘‘(A) is not an officer or employee of an en- sion may by regulation define any term used ability organization if the Commission de- tity that would reasonably be perceived as in this section consistent with the defini- termines that the applicant— having a direct financial interest in the out- tions in subsection (a) and the purpose and ‘‘(A) has the ability to develop, implement, come of a decision by the board of directors intent of this Act. and enforce standards that provide for an of the electric reliability organization; and (c) EXISTING RELIABILITY STANDARDS.— adequate level of reliability of bulk-power ‘‘(B) does not have a relationship that ‘‘(1) SUBMISSION TO THE COMMISSION.—Be- systems; would interfere with the exercise of inde- fore designation of an electric reliability or- ‘‘(B) permits voluntary membership to any pendent judgment in carrying out the re- ganization under subsection (d), any person, bulk-power system user or public interest sponsibilities of a director of the electric re- including the North American Electric Reli- group; liability organization. ability Council and its member Regional Re- ‘‘(C) ensures fair representation of its ‘‘(7) INDUSTRY SECTOR.—The term ‘industry liability Councils, may submit to the Com- members in the selection of its directors and sector’ means a group of bulkpower system mission any reliability standard, guidance, fair management of its affairs, taking into users with substantially similar commercial practice, or amendment to a reliability account the need for efficiency and effective- interests, as determined by the board of di- standard, guidance, or practice that the per- ness in decisionmaking and operations and rectors of the electric reliability organiza- son proposes to be made mandatory and en- the requirements for technical competency tion. forceable. in the development of organization standards ‘‘(8) INTERCONNECTION.—The term ‘inter- ‘‘(2) REVIEW BY THE COMMISSION.—The Com- and the exercise of oversight of bulk-power connection’ means a geographic area in mission, after allowing interested persons an system reliability; which the operation of bulk-power system opportunity to submit comments, may ap- ‘‘(D) ensures that no 2 industry sectors components is synchronized so that the fail- prove a proposed mandatory standard, guid- have the ability to control, and no 1 industry ure of 1 or more of the components may ad- ance, practice, or amendment submitted sector has the ability to veto, the applicant’s versely affect the ability of the operators of under paragraph (1) if the Commission finds discharge of its responsibilities as the elec- other components within the interconnec- that the standard, guidance, or practice is tric reliability organization (including ac- tion to maintain safe and reliable operation just, reasonable, not unduly discriminatory tions by committees recommending stand- of the facilities within their control. or preferential, and in the public interest. ards for approval by the board or other board ‘‘(9) ORGANIZATION STANDARD.— ‘‘(3) EFFECT OF APPROVAL.—A standard, actions to implement and enforce standards); ‘‘(A) IN GENERAL.—The term ‘organization guidance, or practice shall be mandatory and ‘‘(E) provides for governance by a board standard’ means a policy or standard adopt- applicable according to its terms following wholly comprised of independent directors; ed by the electric reliability organization to approval by the Commission and shall re- ‘‘(F) provides a funding mechanism and re- provide for the reliable operation of a bulk- main in effect until it is— quirements that— power system. ‘‘(A) withdrawn, disapproved, or superseded ‘‘(i) are just, reasonable, not unduly dis- ‘‘(B) INCLUSIONS.—The term ‘organization by an organization standard that is issued or criminatory or preferential and in the public standard’ includes— approved by the electric reliability organiza- interest; and ‘‘(i) an entity rule approved by the electric tion and made effective by the Commission ‘‘(ii) satisfy the requirements of subsection reliability organization; and under section (e); or (1); ‘‘(ii) a variance approved by the electric re- ‘‘(B) disapproved by the Commission if, on ‘‘(G) has established procedures for devel- liability organization. complaint or upon motion by the Commis- opment of organization standards that— ‘‘(10) PUBLIC INTEREST GROUP.— sion and after notice and an opportunity for ‘‘(i) provide reasonable notice and oppor- ‘‘(A) IN GENERAL.— The term ‘public inter- comment, the Commission finds the stand- tunity for public comment, taking into ac- est group’ means a nonprofit private or pub- ard, guidance, or practice to be unjust, un- count the need for efficiency and effective- lic organization that has an interest in the reasonable, unduly discriminatory or pref- ness in decisionmaking and operations and activities of the electric reliability organiza- erential, or not in the public interest. the requirements for technical competency tion. ‘‘(4) ENFORCEABILITY.—A standard, guid- in the development of organization stand- ‘‘(B) INCLUSIONS.—The term ‘public inter- ance, or practice in effect under this sub- ards; est group’ includes— section shall be enforceable by the Commis- (ii) ensure openness, a balancing of inter- ‘‘(i) a ratepayer advocate; sion. ests, and due process; and ‘‘(ii) an environmental group; and ‘‘DESIGNATION OF ELECTRIC RELIABILITY OR- ‘‘(iii) includes alternative procedures to be ‘‘(iii) a State or local government organi- GANIZATION.— followed in emergencies; zation that regulates participants in, and ‘‘(1) REGULATIONS.— ‘‘(H) has established fair and impartial pro- promulgates government policy with respect ‘‘(A) PROPOSED REGULATIONS.—Not later cedures for implementation and enforcement to, the market for electric energy. than 90 days after the date of enactment of of organization standards, either directly or ‘‘(11) SYSTEM OPERATOR.— this section, the Commission shall propose through delegation to an affiliated regional

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 12504 CONGRESSIONAL RECORD—SENATE June 27, 2000 reliability entity, including the imposition ‘‘(I) shall give due weight to the technical tion standard take effect immediately with- of penalties, limitations on activities, func- expertise of the electric reliability organiza- out notice or comment; tions, or operations, or other appropriate tion with respect to the content of a new or ‘‘(ii) notifies the Commission as soon as sanctions; modified organization standard; but practicable after making the determination; ‘(I) has established procedures for notice ‘‘(II) shall not defer to the electric reli- ‘‘(iii) submits the new or modified organi- and opportunity for public observation of all ability organization with respect to the ef- zation standard to the Commission not later meetings, except that the procedures for fect of the organization standard on competi- than 5 days after making the determination; public observation may include alternative tion. and procedures for emergencies or for the discus- ‘‘(E) REMAND.—A proposed organization ‘‘(iv) includes in the submission an expla- sion of information that the directors rea- standard that is disapproved in whole or in nation of the need for immediate effective- sonably determine should take place in part by the Commission shall be remanded to ness. closed session, such as litigation, personnel the electric reliability organization for fur- ‘‘(B) NOTICE AND COMMENT.—The Commis- actions, or commercially sensitive informa- ther consideration. sion shall— tion; ‘‘(3) ORDERS TO DEVELOP OR MODIFY ORGANI- ‘‘(i) provide notice of the new or modified ‘‘(J) provides for the consideration of rec- ZATION STANDARDS.—The Commission, on organization standard or amendment for ommendations of States and State commis- complaint or on motion of the Commission, comment; and sions; and may order the electric reliability organiza- ‘‘(ii) follow the procedures set out in para- ‘‘(K) addresses other matters that the tion to develop and submit to the Commis- graphs (2) and (3) for review of the new or Commission considers appropriate to ensure sion, by a date specified in the order, an or- modified organization standard. that the procedures, governance, and funding ganization standard or modification to an ‘‘(6) COMPLIANCE.—Each bulk power system of the electric reliability organization are existing organization standard to address a user shall comply with an organization just, reasonable, not unduly discriminatory specific matter if the Commission considers standard that takes effect under this section. or preferential, and in the public interest. a new or modified organization standard ap- ‘‘(f) COORDINATION WITH CANADA AND MEX- ‘‘(5) EXCLUSIVE DESIGNATION.— propriate to carry out this section, and the ICO.— ‘‘(A) IN GENERAL.—The Commission shall electric reliability organization shall de- ‘‘(1) RECOGNITION.—The electric reliability designate only I electric reliability organiza- velop and submit the organization standard organization shall take all appropriate steps tion. or modification to the Commission in ac- to gain recognition in Canada and Mexico. ‘‘(B) Multiple applications.—If the Com- cordance with this subsection. ‘‘(2) INTERNATIONAL AGREEMENTS.— mission receives 2 or more timely applica- ‘‘(4) VARIANCES AND ENTITY RULES.— ‘‘(A) IN GENERAL.—The President shall use tions that satisfy the requirements of this ‘‘(A) PROPOSAL.—An affiliated regional re- best efforts to enter into international subsection, the Commission shall approve liability entity may propose a variance or agreements with the appropriate govern- only the application that the Commission entity rule to the electric reliability organi- ments of Canada and Mexico to provide for— determines will best implement this section. zation. ‘‘(i) effective compliance with organization ‘‘(e) ORGANIZATION STANDARDS.— ‘‘(B) EXPEDITED CONSIDERATION.—If expe- ‘‘(1) SUBMISSION OF PROPOSALS TO COMMIS- standards; and dited consideration is necessary to provide ‘‘(ii) the effectiveness of the electric reli- SION.— for bulk-power system reliability, the affili- ‘‘(A) IN GENERAL.—The electric reliability ability organization in carrying out its mis- ated regional reliability entity may— sion and responsibilities. organization shall submit to the Commission ‘‘(i) request that the electric reliability or- ‘‘(B) COMPLIANCE.—All actions taken by proposals for any new or modified organiza- ganization expedite consideration of the pro- tion standards. the electric reliability organization, an af- posal; and filiated regional reliability entity, and the ‘‘(B) CONTENTS.—A proposal submitted ‘‘(ii) file a notice of the request with the Commission shall be consistent with any under subparagraph (A) shall include— Commission. ‘‘(i) a concise statement of the purpose of international agreement under subparagraph ‘‘(C) FAILURE TO ACT.— (A). the proposal; and ‘‘(i) IN GENERAL.—If the electric reliability ‘‘(ii) a record of any proceedings conducted organization fails to adopt the variance or ‘‘(g) CHANGES IN PROCEDURE, GOVERNANCE, with respect to the proposal. entity rule, in whole or in part, the affiliated OR FUNDING.— ‘‘(2) REVIEW BY THE COMMISSION.— regional reliability entity may request that ‘‘(1) SUBMISSION TO THE COMMISSION.—The ‘‘(A) NOTICE AND COMMENT.—The Commis- the Commission review the proposal. electric reliability organization shall submit sion shall— to the Commission— ‘‘(i) provide notice of a proposal under ‘‘(ii) ACTION BY THE COMMISSION.—If the Commission determines, after a review of ‘‘(A) any proposed change in a procedure, paragraph (1); and governance, or funding provision; or ‘‘(ii) allow interested persons 30 days to the request, that the action of the electric reliability organization did not conform to ‘‘(B) any change in an affiliated regional submit comments on the proposal. reliability entity’s procedure, governance, or ‘‘(B) ACTION BY THE COMMISSION.— the applicable standards and procedures ap- funding provision relating to delegated func- ‘‘(i) IN GENERAL.—After taking into consid- proved by the Commission, or if the Commis- eration any submitted comments, the Com- sion determines that the variance or entity tions. mission shall approve or disapprove a pro- rule is just, reasonable, not unduly discrimi- ‘‘(2) CONTENTS.—A submission under para- posed organization standard not later than natory or preferential, and in the public in- graph (1) shall include an explanation of the the end of the 60-day period beginning on the terest and that the electric reliability orga- basis and purpose for the change. date of the deadline for the submission of nization has unreasonably rejected or failed ‘‘(3) EFFECTIVENESS.— comments, except that the Commission may to act on the proposal, the Commission ‘‘(A) CHANGES IN PROCEDURE.— extend the 60-day period for an additional 90 may— ‘‘(i) CHANGES CONSTITUTING A STATEMENT OF days for good cause. ‘‘(I) remand the proposal for further con- POLICY, PRACTICE, OR INTERPRETATION.—A ‘‘(ii) FAILURE TO ACT.—If the Commission sideration by the electric reliability organi- proposed change in procedure shall take ef- does not approve or disapprove a proposal zation; or fect 90 days after submission to the Commis- within the period specified in clause (i), the ‘‘(II) order the electric reliability organiza- sion if the change constitutes a statement of proposed organization standard shall go into tion or the affiliated regional reliability en- policy, practice, or interpretation with re- effect subject to its terms, without prejudice tity to develop a variance or entity rule con- spect to the meaning or enforcement of the to the authority of the Commission to mod- sistent with that requested by the affiliated procedure. ify the organization standard in accordance regional reliability entity. ‘‘(ii) OTHER CHANGES.—A proposed change with the standards and requirements of this ‘‘(D) PROCEDURE.—A variance or entity in procedure other than a change described section. rule proposed by an affiliated regional reli- in clause (i) shall take effect on a finding by ‘‘(C) EFFECTIVE DATE.—An organization ability entity shall be submitted to the elec- the Commission, after notice and oppor- standard approved by the Commission shall tric reliability organization for review and tunity for comment, that the change— take effect not earlier than 30 days after the submission to the Commission in accordance ‘‘(I) is just, reasonable, not unduly dis- date of the Commission’s order of approval. with the procedures specified in paragraph criminatory or preferential, and in the pub- ‘‘(D) STANDARDS FOR APPROVAL.— (2). lic interest; and ‘‘(i) IN GENERAL.—The Commission shall ‘‘(5) IMMEDIATE EFFECTIVENESS.— ‘‘(II) satisfies the requirements of sub- approve a proposed new or modified organi- ‘‘(A) IN GENERAL.—Notwithstanding any section (d)(4). zation standard if the Commission deter- other provision of this subsection, a new or ‘‘(B) CHANCES IN GOVERNANCE OR FUNDING.— mines the organization standard to be just, modified organization standard shall take ef- A proposed change in governance or funding reasonable, not unduly discriminatory or fect immediately on submission to the Com- shall not take effect unless the Commission preferential, and in the public interest. mission without notice or comment if the finds that the change— ‘‘(ii) CONSIDERATIONS.—In the exercise of electric reliability organization— ‘‘(i) is just, reasonable, not unduly dis- its review responsibilities under this sub- ‘‘(i) determines that an emergency exists criminatory or preferential, and in the pub- section, the Commission— requiring that the new or modified organiza- lic interest; and

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12505 ‘‘(ii) satisfies the requirements of sub- tric reliability organization makes a written ‘‘(ii) the electric reliability organization section (d)(4). finding that the entity rule or variance— unreasonably withheld the delegation. ‘‘(4) ORDER TO AMEND.— ‘‘(i) was not developed in a fair and open ‘‘(5) ORDERS TO MODIFY DELEGATION AGREE- ‘‘(A) IN GENERAL.—The Commission, on process that provided an opportunity for all MENTS.— complaint or on the motion of the Commis- interested parties to participate; ‘‘(A) IN GENERAL.—On complaint, or on mo- sion, may require the electric reliability or- ‘‘(ii) would have a significant adverse im- tion of the Commission, after notice to the ganization to amend a procedural, govern- pact on reliability or commerce in other appropriate affiliated regional reliability en- ance, or funding provision if the Commission interconnections; tity, the Commission may order the electric determines that the amendment is necessary ‘‘(iii) fails to provide a level of reliability reliability organization to propose a modi- to meet the requirements of this section. of the bulk-power system wiin the inter- fication to a delegation agreement under ‘‘(B) FILING.—The electric reliability orga- connection such that the entity rule or vari- this subsection if the Commission deter- nization shall submit the amendment in ac- ance would be likely to cause a serious and mines that— cordance with paragraph (1). substantial threat to public health, safety, ‘‘(i) the affiliated regional reliability enti- ‘‘(h) DELEGATIONS OF AUTHORITY.— welfare, or national security; or ty— ‘‘(iv) would create a serious and substan- ‘‘(1) IN GENERAL.— ‘‘(I) no longer has the capacity to carry out tial burden on competitive markets within ‘‘(A) IMPLEMENTATION AND ENFORCEMENT OF effectively or efficiently the implementation the interconnection that is not necessary for COMPLIANCE.—At the request of an entity, or enforcement responsibilities under the the electric reliability organization shall reliability. delegation agreement; ‘‘(C) NONINTERCONNECTION-WIDE ENTITY enter into an agreement with the entity for ‘‘(II) has failed to meet its obligations RULES AND VARIANCE.—In the case of a pro- the delegation of authority to implement under the delegation agreement; or posal for an entity rule or variance that and enforce compliance with organization ‘‘(III) has violated this section; would apply only to part of an interconnec- standards in a specified geographic area if ‘‘(ii) the rules, practices, or procedures of tion, the electric reliability organization the electric reliability organization finds the affiliated regional reliability entity no shall approve the entity rule or variance if that— longer provide for fair and impartial dis- the affiliated regional reliability entity dem- ‘‘(i) the entity satisfies the requirements of charge of the implementation or enforce- onstrates that the proposal— ment responsibilities under the delegation subparagraphs (A), (B), (C), (D), (F), (J), and ‘‘(i) was developed in a fair and open proc- (K) of subsection (d)(4); and agreement; ess that provided an opportunity for all in- ‘‘(iii) the geographic boundary of a trans- ‘‘(ii) the delegation would promote the ef- terested parties to participate; fective and efficient implementation and ad- mission entity approved by the Commission ‘‘(ii) would not have an adverse impact on is not wholly within the boundary of an af- ministration of bulk-power system reli- commerce that is not necessary for reli- ability. filiated regional reliability entity, and the ability; difference in boundaries is inconsistent with ‘‘(B) OTHER AUTHORITY.—The electric reli- ‘‘(iii) provides a level of bulk-power system ability organization may enter into an the effective and efficient implementation reliability that is adequate to protect public and administration of bulk-power system re- agreement to delegate to an entity any other health, safety, welfare, and national security authority, except that the electric reli- liability; or and would not have a significant adverse im- ‘‘(iv) the agreement is inconsistent with a ability organization shall reserve the right pact on reliability; and delegation ordered by the Commission under to set and approve standards for bulk-power ‘‘(iv) in the case of a variance, is based on paragraph (4). system reliability. a justifiable difference between regions or ‘‘(B) SUSPENSION.— ‘‘(2) APPROVAL BY THE COMMISSION.— subregions within the affiliated regional reli- ‘‘(i) IN GENERAL.—Following an order to ‘‘(A) SUBMISSION TO THE COMMISSION.—The ability entity’s geographic area. modify a delegation agreement under sub- electric reliability organization shall submit ‘‘(D) ACTION BY THE ELECTRIC RELIABILITY paragraph (A), the Commission may suspend to the Commission— ORGANIZATION.— the delegation agreement if the electric reli- ‘‘(i) any agreement entered into under this ‘‘(i) IN GENERAL.—The electric reliability ability organization or the affiliated re- subsection; and organization shall approve or disapprove a gional reliability entity does not propose an ‘‘(ii) any information the Commission re- proposal under subparagraph (A) within 120 appropriate and timely modification. quires with respect to the affiliated regional days after the proposal is submitted. ‘‘(ii) ASSUMPTION OF RESPONSIBILITIES.—If a ‘‘(ii) FAILURE TO ACT.—If the electric reli- reliability entity to which authority is dele- delegation agreement is suspended, the elec- gated. ability organization fails to act within the time specified in clause (i), the proposal tric reliability organization shall assume the ‘‘(B) STANDARDS FOR APPROVAL.—The Com- responsibilities delegated under the delega- mission shall approve the agreement, fol- shall be deemed to have been approved. ‘‘(iii) SUBMISSION TO THE COMMISSION.— tion agreement. lowing public notice and an opportunity for ‘‘(i) ORGANIZATION MEMBERSHIP.—Each sys- comment, if the Commission finds that the After approving a proposal under subpara- graph (A), the electric reliability organiza- tem operator shall be a member of— agreement— ‘‘(1) the electric reliability organization; ‘‘(i) meets the requirements of paragraph tion shall submit the proposal to the Com- mission for approval under the procedures and (1); and ‘‘(2) any affiliated regional reliability enti- ‘‘(ii) is just, reasonable, not unduly dis- prescribed under subsection (e). ‘‘(E) DIRECT SUBMISSIONS.—An affiliated re- ty operating under an agreement effective criminatory or preferential, and in the pub- under subsection (h) applicable to the region lic interest. gional reliability entity may not submit a proposal for approval directly to the Com- in which the system operator operates, or is ‘‘(C) REBUTTABLE PRESUMPTION.—A pro- mission except as provided in subsection responsible for the operation of, a trans- posed delegation agreement with an affili- mission facility. ated regional reliability entity organized on (e)(4). (4) FAILURE TO REACH DELEGATION AGREE- ‘‘(j) ENFORCEMENT.— an interconnection-wide basis shall be MENT.— ‘‘(1) DISCIPLINARY ACTIONS.— rebuttably presumed by the Commission to ‘‘(A) IN GENERAL.—If an affiliated regional ‘‘(A) IN GENERAL.—Consistent with proce- promote the effective and efficient imple- reliability entity requests, consistent with dures approved by the Commission under mentation and administration of the reli- paragraph (1), that the electric reliability or- subsection (d)(4)(H), the electric reliability ability of the bulk-power system. ganization delegate authority to it, but is organization may impose a penalty, limita- ‘‘(D) INVALIDITY ABSENT APPROVAL.—No unable within 180 days to reach agreement tion on activities, functions, or operations, delegation by the electric reliability organi- with the electric reliability organization or other disciplinary action that the electric zation shall be valid unless the delegation is with respect to the requested delegation, the reliability organization finds appropriate approved by the Commission. entity may seek relief from the Commission. against a bulk-power system user if the elec- ‘‘(3) PROCEDURES FOR ENTITY RULES AND ‘‘(B) REVIEW BY THE COMMISSION.—The tric reliability organization, after notice and VARIANCES.— Commission shall order the electric an opportunity for interested parties to be ‘‘(A) IN GENERAL.—A delegation agreement reliablity organization to enter into a dele- heard, issues a finding in writing that the under this subsection shall specify the proce- gation agreement under terms specified by bulk-power system user has violated an orga- dures by which the affiliated regional reli- the Commission if, after notice and oppor- nization standard. ability entity may propose entity rules or tunity for comment, the Commission deter- ‘‘(B) NOTIFICATION.—The electric reliability variances for review by the electric reli- mines that— organization shall immediately notify the ability organization. ‘‘(i) a delegation to the affiliated regional Commission of any disciplinary action im- ‘‘(B) INTERCONNECTION-WIDE ENTITY RULES reliability entity would— posed with respect to an act or failure to act AND VARIANCES.—In the case of a proposal for ‘‘(I) meet the requirements of paragraph of a bulk-power system user that affected or an entity rule or variance that would apply (1); and threatened to affect bulk-power system fa- on an interconnection-wide basis, the elec- ‘‘(II) would be just, reasonable, not unduly cilities located in the United States. tric reliability organization shall approve discriminatory or preferential, and in the ‘‘(C) RIGHT TO PETITION.—A bulk-power sys- the entity rule or variance unless the elec- public interest; and tem user that is the subject of disciplinary

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 12506 CONGRESSIONAL RECORD—SENATE June 27, 2000

action under paragraph (1) shall have the that reflects an equitable sharing of the ‘‘(q) PRESERVATION OF STATE AUTHORITY.— right to petition the Commission for a modi- costs among all electric energy consumers. ‘‘(1) The Electric Reliability Organization fication or rescission of the disciplinary ac- ‘‘(2) RULE.—The Commission shall provide shall have authority to develop, implement, tion. by rule for the review of costs and alloca- and enforce compliance with standards for ‘‘(D) INJUNCTIONS.—If the electric reli- tions under paragraph (1) in accordance with the reliable operation of only the Bulk ability organization finds it necessary to the standards in this subsection and sub- Power System. prevent a serious threat to reliability, the section (d)(4)(F). ‘‘(2) This section does not provide the Elec- electric reliability organization may seek in- ‘‘(m) APPLICATION OF ANTITRUST LAWS.— tric Reliability Organization or the Commis- junctive relief in the United States district ‘‘(1) IN GENERAL.—Notwithstanding any sion with the authority to set and enforce court for the district in which the affected other provision of law, the following activi- compliance with standards for adequacy or facilities are located. ties are rebuttably presumed to be in compli- safety of electric facility or services. ‘‘(E) EFFECTIVE DATE.— ance with the antitrust laws of the United ‘‘(3) Nothing in this section shall be con- ‘‘(i) IN GENERAL.—Unless the Commission, States: strued to preempt any authority of any on motion of the Commission or on applica- ‘‘(A) Activities undertaken by the electric State to take action to ensure the safety, tion by the bulk-power system user that is reliability organization under this section or adequacy, and reliability of electric service the subject of the disciplinary action, sus- affiliated regional reliability entity oper- within that State, as long as such action is pends the effectiveness of a disciplinary ac- ating under a delegation agreement under not inconsistent with any Organization tion, the disciplinary action shall take effect subsection (h). Standard. on the 30th day after the date on which— ‘‘(B) Activities of a member of the electric ‘‘(4) Not later than 90 days after the appli- ‘‘(I) the electric reliability organization reliability organization or affiliated regional cation of the Electric Reliability Organiza- submits to the Commission— reliability entity in pursuit of the objectives tion or other affected party, the ‘‘(aa) a written finding that the bulk-power of the electric reliability organization or af- Commmission shall issue a final order system user violated an organization stand- filiated regional reliability entity under this dtermining whether a state action is incon- ard; and section undertaken in good faith under the sistent with an Organization Standard, after ‘‘(bb) the record of proceedings before the rules of the organization of the electric reli- notice and opportunity for comment, taking electric reliability organization; and ability organization or affiliated regional re- into consideration any recommendations of ‘‘(II) the Commission posts the written liability entity. the Electric Reliability Organization. finding on the Internet. ‘‘(2) AVAILABILITY OF DEFENSES.—In a civil ‘‘(5) The Commission, after consultation ‘‘(ii) DURATION.—A disciplinary action action brought by any person or entity with the Electric Reliability Organization, shall remain in effect or remain suspended against the electric reliability organization may stay the effectiveness of any state ac- unless the Commission, after notice and op- or an affiliated regional reliability entity al- tion, pending the Commission’s issuance of a portunity for hearing, affirms, sets aside, leging a violation of an antitrust law based final order.’’. modifies, or reinstates the disciplinary ac- on an activity under this Act, the defenses of ‘‘(b) ENFORCEMENT.— tion. primary jurisdiction and immunity from suit ‘‘(1) GENERAL PENALTIES.—Section 316(c) of ‘‘(iii) EXPEDITED CONSIDERATION.—The and other affirmative defenses shall be avail- the Federal Power Act (16 U.S.C. 825o(c)) is Commission shall conduct the hearing under able to the extent applicable. amended— procedures established to ensure expedited ‘‘(n) REGIONAL ADVISORY ROLE.— ‘‘(A) by striking ‘‘subsection’’ and insert- consideration of the action taken. ‘‘(1) ESTABLISHMENT OF REGIONAL ADVISORY ing ‘‘section’’; and ‘‘(2) COMPLIANCE ORDERS.—The Commis- BODY.—The Commission shall establish a re- ‘‘(B) by striking ‘‘or 214’’ and inserting ‘‘214 sion, on complaint by any person or on mo- gional advisory body on the petition of the or 215’’. tion of the Commission, may order compli- Governors of at least two-thirds of the ‘‘(2) CERTAIN PROVISIONS.—Section 316A of ance with an organization standard and may States within a region that have more than the Federal Power Act (16 U.S.C. 8250–1) is impose a penalty, limitation on activities, one-half of their electrical loads served with- amended by striking ‘‘or 214’’ each place it functions, or operations, or take such other in the region. appears and inserting ‘‘214, or 215’’. disciplinary action as the Commission finds ‘‘(2) MEMBERSHIP.—A regional advisory appropriate, against a bulk-power system body— HATCH (AND LEAHY) AMENDMENT user with respect to actions affecting or ‘‘(A) shall be composed of 1 member from NO. 3653 threatening to affect bulk-power system fa- each State in the region, appointed by the cilities located in the United States if the Governor of the State; and Mr. HATCH (for himself and Mr. Commission finds, after notice and oppor- ‘‘(B) may include representatives of agen- LEAHY) proposed an amendment to the tunity for a hearing, that the bulk-power cies, States, and Provinces outside in United bill, H.R. 4577, supra; as follows: system user has violated or threatens to vio- States, on execution of an appropriate inter- Insert at the end the following: late an organization standard. national agreement described in subsection SEC. . PROVISION OF INTERNET FILTERING OR ‘‘(3) OTHER ACTIONS.—The Commission may (f). SCREENING SOFTWARE BY CERTAIN take such action as is necessary against the ‘‘(3) FUNCTIONS.—A regional advisory body INTERNET SERVICE PROVIDERS. electric reliability organization or an affili- may provide advice to the electric reliability (a) REQUIREMENT TO PROVIDE.—Each Inter- ated regional reliability entity to ensure organization, an affiliated regional reli- net Service provider shall at the time of en- compliance with an organization standard, ability entity, or the Commission regard- tering an agreement with a residential cus- or any Commission order affecting electric ing— tomer for the provision of Internet access reliability organization or affiliated regional ‘‘(A) the governance of an affiliated re- services, provide to such customer, either at reliability entity. gional reliability entity existing or proposed no fee or at fee not in excess of the amount ‘‘(k) RELIABILITY REPORTS.—The electric within a region; specified in subsection (c), computer soft- reliability organization shall— ‘‘(B) whether a standard proposed to apply ware or other filtering or blocking system ‘‘(1) conduct periodic assessments of the re- within the region is just, reasonable, not un- that allows the customer to prevent the ac- liability and adequacy of the interconnected duly discrimatory or preferential, and the cess of minors to material or the Internet. bulk-power system in North America; and public interest; and (b) SURVEYS OF PROVISION OF SOFTWARE OR ‘‘(2) report annually to the Secretary of ‘‘(C) whether fees proposed to be assessed SYSTEMS.— Energy and the Commission its findings and within the regions are— (1) SURVEYS.—The Office of Juvenile Jus- recommendations for monitoring or improv- ‘‘(i) just, reasonable, not unduly discrimi- tice and Delinquency Prevention of the De- ing system reliability and adequacy. natory or preferential, and in the public in- partment of Justice and the Federal Trade ‘‘(l) ASSESSMENT AND RECOVERY OF CERTAIN terest; and Commission shall jointly conduct surveys of COSTS.— ‘‘(ii) consistent with the requirements of the extent to which Internet service pro- ‘‘(1) IN GENERAL.—The reasonable costs of subsection (1). viders are providing computer software or the electric reliability organization, and the ‘‘(4) DEFERENCE.—In a case in which a re- systems described in subsection (a) to their reasonable costs of each affiliated regional gional advisory body encompasses an entire subscribers. In performing such surveys, nei- reliability entity that are related to imple- interconnection, the Commission may give ther the Department nor the Commission mentation or enforcement of organization deference to advice provided by the regional shall collect personally identifiable informa- standards or other requirements contained advisory body under paragraph (3). tion of subscribers of the Internet service in a delegation agreement approved under ‘‘(o) APPLICABILITY OF SECTION.—This sec- providers. subsection (h), shall be assessed by the elec- tion does not apply outside the 48 contiguous (2) FREQUENCY.—The surveys required by tric reliability organization and each affili- States. paragraph (1) shall be completed as follows: ated regional reliability entity, respectively, ‘‘(p) REHEARINGS COURT REVIEW OF OR- (A) One shall be completed not later than taking into account the relationship of costs DERS.—Section 313 applies to an order of the one year after the date of the enactment of to each region and based on an allocation Commission issued under this section. this Act.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12507 (B) One shall be completed not later than On page 58, line 17, strike ‘‘$2,915,000,000’’ ized to meet during the session of the two years after that date. and insert ‘‘$1,615,000,000’’. Senate on Tuesday, June 27, 2000 at 9:30 (C) One shall be completed not later than On page 58, line 22, strike ‘‘$3,100,000,000’’ a.m., in open session to consider the three years after that date. and insert ‘‘$1,800,000,000’’. nominations of Lieutenant General (c) FEES.—The fee, if any, charged and col- Tommy R. Franks, USA for appoint- lected by an Internet service provider for JEFFORDS AMENDMENT NO. 3656 providing computer software or a system de- ment to the grade of General and to be scribed in subsection (a) to a residential cus- (Ordered to lie on the table.) commander-in-chief, United States tomer shall not exceed the amount equal to Mr. JEFFORDS submitted an amend- Central Command and Lieutenant Gen- the cost of the provider in providing the soft- ment intended to be proposed by him eral William F. Kernan, USA for ap- ware or system to the subscriber, including to the bill, H.R. 4577, supra; as follows: pointment to the grade of General and the cost of the software or system and of any On page 43, line 9, before the colon, insert to be commander-in-chief, United license required with respect to the software States Joint Forces Command/Supreme or system. the following: ‘‘, of which $5,000,000 shall be (d) APPLICABILITY.—The requirement de- available for activities regarding medication Allied Commander, Atlantic. scribed in subsection (a) shall become effec- management, screening, and education to The PRESIDING OFFICER. Without tive only if— prevent incorrect medication and adverse objection, it is so ordered. drug reactions’’. (1) 1 year after the date of the enactment COMMITTEE ON ARMED SERVICES of this Act, the Office and the Commission Mr. INHOFE. Mr. President, I ask determine as a result of the survey com- COLLINS AMENDMENT NO. 3657 pleted by the deadline in subsection (b)(2)(A) unanimous consent that the Com- that less than 75 percent of the total number (Ordered to lie on the table.) mittee on Armed Services be author- of residential subscribers of Internet service Ms. COLLINS (for herself, Mr. FEIN- ized to meet during the session of the providers as of such deadline are provided GOLD, Mr. JEFFORDS, Mr. BIDEN, Mrs. Senate on Tuesday, June 27, 2000 at computer software or systems described in MURRAY, Mr. ENZI, Mr. WELLSTONE, Mr. 11:30 a.m., in open session to consider subsection (a) by such providers; BINGAMAN, Mr. ROBB, Mr. KERRY, Mr. the nominations of Lieutenant General (2) 2 years after the date of the enactment ABRAHAM, and Mr. REED) submitted an Tommy R. Franks, USA for appoint- of this Act, the Office and the Commission amendment intended to be proposed by ment to the grade of General and to be determine as a result of the survey com- pleted by the deadline in subsection (b)(2)(B) them to the bill, H.R. 4577, supra; as commander-in-chief, United States that less than 85 percent of the total number follows: Central Command and Lieutenant Gen- of residential subscribers of Internet service On page 24, line 1, strike ‘‘and’’. eral William F. Kernan, USA for ap- providers as of such deadline are provided On page 24, line 7, insert before the colon pointment to the grade of General and such software or systems by such providers; the following: ‘‘, and of which $4,000,000 shall to be commander-in-chief, United or be provided to the Rural Health Outreach Of- States Joint Forces Command/Supreme (3) 3 years after the date of the enactment fice of the Health Resources and Services Ad- Allied Commander, Atlantic. of this Act, the Office and the Commission ministration for the awarding of grants to determine as a result of the survey com- community partnerships in rural areas for The PRESIDING OFFICER. Without pleted by the deadline in subsection (b)(2)(C) the purchase of automated external objection, it is so ordered. that less than 100 percent of the total num- defibrillators and the training of individuals COMMITTEE ON FOREIGN RELATIONS ber of residential subscribers of Internet in basic cardiac life support’’. Mr. INHOFE. Mr. President, I ask service providers as of such deadline are pro- unanimous consent that the Com- vided such software or systems by such pro- DASCHLE (AND OTHERS) viders. mittee on Foreign Relations be author- (e) INTERNET SERVICE PROVIDER DEFINED.— AMENDMENT NO. 3658 ized to meet during the session of the In this section, the term ‘Internet service Mr. HARKIN (for Mr. DASCHLE (for Senate on Tuesday, June 27, 2000 at 2:15 provider’ means a service provider as defined himself, Mr. MURKOWSKI, Mr. JOHNSON, p.m. to hold a hearing. in section 512(k)(1)(A) of title 17, United Mr. WYDEN, Mrs. MURRAY, Mr. HARKIN, The PRESIDING OFFICER. Without States Code, which has more than 50,000 sub- and Mr. REID)) proposed an amendment objection, it is so ordered. scribers. to the bill H.R. 4577, supra; as follows: COMMITTEE ON HEALTH, EDUCATION, LABOR, On page 27, line 4, insert before the colon AND PENSIONS FRIST AMENDMENT NO. 3654 the following: ‘‘, and of which $10,000,000 Mr. INHOFE. Mr. President, I ask (Ordered to lie on the table.) shall remain available until expended to unanimous consent that the Com- Mr. FRIST submitted an amendment carry out the Fetal Alcohol Syndrome pre- mittee on Health, Education, Labor, intended to be proposed by him to the vention and services program’’. and Pensions be authorized to meet for bill, H.R. 4577, supra; as follows: On page 34, line 13, insert before the colon a hearing on Reprocessing of Single the following: ‘‘, of which $15,000,000 shall re- On page 18, line 7, insert before ‘‘: Pro- main available until expended to carry out Use Medical Devices during the session vided,’’ the following: ‘‘(minus $10,000,000)’’. the Fetal Alcohol Syndrome prevention and of the Senate on Tuesday, June 27, 2000, On page 68, line 23, strike ‘‘$496,519,000’’ and services program’’. at 10 a.m. insert ‘‘$506,519,000’’. The PRESIDING OFFICER. Without f On page 69, line 3, strike ‘‘$40,000,000’’ and objection, it is so ordered. insert ‘‘$50,000,000’’. NOTICES OF HEARINGS On page 69, line 6, insert after ‘‘103–227’’ the COMMITTEE ON THE JUDICIARY following: ‘‘and $20,000,000 of that $50,000,000 COMMITTEE ON AGRICULTURE, NUTRITION AND Mr. INHOFE. Mr. President, I ask shall be made available for the Interagency FORESTRY unanimous consent that the Com- Education Research Initiative’’. Mr. LUGAR. Mr. President, I would mittee on the Judiciary be authorized like to announce that the Committee to meet to conduct a markup on Tues- JEFFORDS (AND OTHERS) on Agriculture, Nutrition, and For- day, June 27, 2000, at 9:30 a.m., in SD– AMENDMENT NO. 3655 estry will meet on June 29, 2000 in SR– 226. (Ordered to lie on the table.) 328A at 10 a.m. The purpose of this The PRESIDING OFFICER. Without Mr. JEFFORDS (for himself, Mr. meeting will be to mark up new legis- objection, it is so ordered. GREGG, Mr. FRIST, Mr. ENZI, Mr. lation. COMMITTEE ON THE JUDICIARY HUTCHINSON, Ms. COLLINS, Mr. HAGEL, f Mr. INHOFE. Mr. President, I ask Mr. SESSIONS, Mr. BROWNBACK, Mr. unanimous consent that the Com- AUTHORITY FOR COMMITTEES TO DEWINE, Mr. SANTORUM, and Mr. mittee on the Judiciary be authorized MEET VOINOVICH) submitted an amendment to meet to conduct a hearing on Tues- intended to be proposed by them to the COMMITTEE ON ARMED SERVICES day, June 27, 2000, at 2 p.m., in Hart bill, H.R. 4577, supra; as follows: Mr. INHOFE. Mr. President, I ask 216. On page 58, line 15, strike ‘‘$4,672,534,000’’ unanimous consent that the Com- The PRESIDING OFFICER. Without and insert ‘‘$3,372,534,000’’. mittee on Armed Services be author- objection, it is so ordered.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 12508 CONGRESSIONAL RECORD—SENATE June 27, 2000 COMMITTEE ON RULES AND ADMINISTRATION COMMENDING AND CONGRATU- Mr. MURKOWSKI. Mr. President, I Mr. INHOFE. Mr. President, I ask LATING THE LOUISIANA STATE ask unanimous consent that the reso- unanimous consent that the Com- UNIVERSITY TIGERS ON WIN- lution and preamble be agreed to en mittee on Rules and Administration be NING THE 2000 COLLEGE WORLD bloc, the motion to reconsider be laid authorized to meet during the session SERIES upon the table, and that any state- of the Senate on Tuesday, June 27, 2000, Mr. MURKOWSKI. Mr. President, I ments relating thereto be printed in at 8:30 a.m., to receive testimony on ask unanimous consent that the Sen- the RECORD, with no intervening ac- the operations of the Library of Con- ate proceed to the immediate consider- tion. gress and the Smithsonian Institution. ation of S. Res. 328, introduced earlier The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without today by Senators LANDRIEU and The resolution (S. Res. 328) was objection, it is so ordered. BREAUX. The PRESIDING OFFICER. The agreed to. SUBCOMMITTEE ON ENERGY RESEARCH AND The preamble was agreed to. DEVELOPMENT clerk will report the resolution by The resolution, with its preamble, Mr. INHOFE. Mr. President, I ask title. reads as follows: The legislative clerk read as follows: unanimous consent that the Sub- S. RES. 328 committee on Energy Research, Devel- A resolution (S. Res. 328) to commend and congratulate the Louisiana State University Whereas the Louisiana State University opment, Production and Regulation of baseball team completed the year with 13 the Committee on Energy and Natural Tigers on winning the 2000 College World Se- ries. consecutive wins, with a record of 4–0 in the Resources be authorized to meet during There being no objection, the Senate Southeastern Conference tournament, 3–0 in the session of the Senate on Tuesday, Subregional action, 2–0 in Super Regional proceeded to consider the resolution. contests and 4–0 in the College World Series, June 27, 2000, at 2:30 p.m. to conduct an Ms. LANDRIEU. Mr. President, I con- oversight hearing. The subcommittee ending its exciting season by defeating the gratulate the Louisiana State Univer- previously undefeated Stanford Cardinal 6–5 will receive testimony on the April 2000 sity Tigers on winning the 2000 College GAO Report entitled ‘‘Nuclear Waste on June 17, 2000, in Omaha, Nebraska, to win World Series. The Tigers finished the its fifth national championship in 10 years; Cleanup—DOE’s Paducah Plan Faces 2000 season with a regular season Whereas Louisiana State University firmly Uncertainties and Excludes Costly record of 46 and 12 and a perfect post established itself as the dominant college Cleanup Activities.’’ season record of 13 and 0. Even though baseball team of the decade, winning the The PRESIDING OFFICER. Without the Tigers enjoyed great success in College World Series title in 1991, 1993, 1996, objection, it is so ordered. both the regular and post seasons, win- and 1997; Whereas Louisiana State University fin- f ning the national title was no easy ished with a regular season record of 46-12 PRIVILEGES OF THE FLOOR feat. Despite their stunning success in and a team batting average of .341; earlier post season games, the Tigers Whereas Louisiana State University’s sen- Mr. WYDEN. Mr. President, I ask found themselves trailing the Stanford ior catcher, Brad Cresse, distinguished him- unanimous consent that Andrew Scott Cardinal 5 to 2 in the eighth inning of self in the championship game and through- and Tracy Harris of my office have the final game of the world series. out the season as one of the premier players floor privileges for the remainder of Through sheer will and determination in all of college baseball, leading the nation the consideration of this amendment. the Tigers were able to come from be- by hitting a total of 30 home runs in 2000; The PRESIDING OFFICER. Without hind with a single by Tiger catcher Whereas Louisiana State University’s sen- objection, it is so ordered. Brad Cresse, which brought Ryan ior right-handed pitcher, Trey Hodges, who Mr. REED. Mr. President. I ask unan- earned the Most Outstanding Player Award Theriot home for the game winning of the College World Series, gave up just 2 imous consent that a fellow in my of- run. LSU’s thrilling victory enraptured hits and 1 walk in 4 innings while striking fice, Paul Tibbits, be granted floor loving fans throughout Louisiana. out 4 batters in his second victory of the Col- privileges during the debate on the This final victory was the culmina- lege World Series, personifying the persist- pending bill. tion of a season’s worth of persistence ence and competitiveness that carried Lou- The PRESIDING OFFICER. Without and hard work which has characterized isiana State University throughout the year; objection, it is so ordered. their performance throughout the dec- Whereas Louisiana State University’s Mr. BINGAMAN. Mr. President, I ask ade. To date, the Tigers have won five coach, Skip Bertman, named The Collegiate unanimous consent that Caroline national titles but have refused to rest Baseball Newspaper’s National Coach of The on their laurels. LSU’s team batting Year, has never allowed the Tigers to lose a Chang, a fellow in my office, be granted College World Series championship game; the privilege of the floor for the re- average of .341 this season is a truly Whereas Coach Skip Bertman has instilled mainder of this bill. commendable achievement. Senior in his players unceasing dedication and The PRESIDING OFFICER. Without catcher Brad Cresse distinguished him- teamwork, and has inspired in the rest of us objection, it is so ordered. self by hitting 30 home runs over the an appreciation for what it means to win f course of the season. Senior pitcher with dignity, integrity, and true sportsman- Trey Hodges earned the Most Out- ship; MEASURE READ THE FIRST standing Player Award of the College Whereas Louisiana State University’s TIME—S. 2801 World Series by exhibiting the same thrilling victory in the College World Series championship game enraptured their loyal Mr. MURKOWSKI. Mr. President, I discipline and skill that carried him and loving fans from Baton Rouge to Shreve- understand that S. 2801 is at the desk, through the year. The guiding hand for port, taking ‘‘Tigermania’’ to new heights and I ask for its first reading. the Tiger’s winning season, LSU coach and filling the people of Louisiana with an The PRESIDING OFFICER. The Skip Bertman, continually instilled in overwhelming sense of pride, honor, and clerk will report the bill by title. his players a sense of dedication, team- community; and The legislative clerk read as follows: work, and sportsmanship. Coach Whereas Louisiana State University’s na- tional championship spotlights one of the A bill (S. 2801) to prohibit funding of the Bertman’s tireless efforts were recog- nation’s premier State universities, which is negotiation of the move of the Embassy of nized when he was awarded the Na- committed to academic and athletic excel- the People’s Republic of China in the United tional Coach of the Year Award by the lence: Now, therefore, be it States until the Secretary of State has re- Collegiate Baseball Newspaper. The ac- Resolved, quired the divestiture of property purchased complishments of these heroes of col- SECTION 1. COMMENDING AND CONGRATU- by the Xinhua News Agency in violation of lege baseball will certainly serve as the LATING LOUISIANA STATE UNIVER- the Foreign Missions Act. standard for generations to come. SITY ON WINNING THE 2000 COL- Mr. MURKOWSKI. I now ask for its Louisiana State University’s na- LEGE WORLD SERIES CHAMPION- SHIP. second reading and object to my own tional championship spotlights one of The Senate commends and congratulates request. the Nation’s premier State univer- the Tigers of Louisiana State University on The PRESIDING OFFICER. The bill sities, which is committed to academic winning the 2000 College World Series cham- will remain at the desk. and athletic excellence. pionship.

VerDate Aug 04 2004 15:30 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\BR00\S27JN0.004 S27JN0 June 27, 2000 CONGRESSIONAL RECORD—SENATE 12509 SEC. 2. TRANSMITTAL OF RESOLUTION. legal and political termination on the one Geoffrey T. Crowley, of Wisconsin, to be a The Secretary of the Senate shall transmit hand, and paternalism and excessive depend- Member of the Federal Aviation Manage- an enrolled copy of this resolution to the ence on the other, devastated the political, ment Advisory Council for a term of two chancellor of the Louisiana State University economic, and social aspects of life in Indian years. (New Position) and Agriculture and Mechanical College in America, and had to be radically altered; Robert A. Davis, of Washington, to be a Baton Rouge, Louisiana. Whereas in his ‘‘Special Message’’ Presi- Member of the Federal Aviation Manage- f dent Nixon set forth the foundation for a ment Advisory Council for a term of two new, more enlightened Federal Indian policy years. (New Position) 30TH ANNIVERSARY OF THE POL- grounded in economic self-reliance and polit- Kendall W. Wilson, of the District of Co- ICY OF INDIAN SELF-DETER- ical self-determination; and lumbia, to be a Member of the Federal Avia- MINATION Whereas this Indian self-determination tion Management Advisory Council for a policy has endured as the most successful term of one year. (New Position) Mr. MURKOWSKI. Mr. President, I policy of the United States in dealing with Edward M. Bolen, of Maryland, to be a ask unanimous consent that the Sen- the Indian Tribes because it rejects the Member of the Federal Aviation Manage- ate now proceed to the immediate con- failed policies of termination and pater- ment Advisory Council for a term of two sideration of Calendar No. 611, S. Res. nalism and declared that ‘‘the integrity and years. (New Position) 277, right to continued existence of all Indian DEPARTMENT OF AGRICULTURE The PRESIDING OFFICER. The Tribal and Alaska native governments, rec- Christopher A. McLean, of Nebraska, to be clerk will report the resolution by ognizing that cultural pluralism is a source Administrator, Rural Utilities Service, De- title. of national strength’’: Now, therefore, be it partment of Agriculture, vice Wally B. Resolved, That the Senate of the United The legislative clerk read as follows: Beyer. States recognizes the unique role of the In- AIR FORCE A resolution (S. Res. 277) commemorating dian Tribes and their members in the United The following named officer for appoint- the 30th Anniversary of the Policy of Indian States, and commemorates the vision and ment in the United States Air Force to the Self-Determination. leadership of President Nixon, and every suc- grade indicated under title 10, U.S.C., section ceeding President, in fostering the policy of There being no objection, the Senate 624: Indian Self-Determination. proceeded to consider the resolution. To be major general Mr. MURKOWSKI. Mr. President, I f Brig. Gen. Craig P. Rasmussen, 0000 ask unanimous consent that the reso- EXECUTIVE SESSION The following Air National Guard of the lution be agreed to, the preamble be United States officer for appointment in the agreed to, the motion to reconsider be Reserve of the Air Force to the grade indi- laid upon the table, and that any state- EXECUTIVE CALENDAR cated under title 10, U.S.C., section 12203: ments relating to this resolution be Mr. MURKOWSKI. Mr. President, To be brigadier general printed in the RECORD. turning to the Executive Calendar, I Col. Bruce S. Asay, 0000 The PRESIDING OFFICER. Without ask unanimous consent that the Sen- The following named officer for appoint- objection, it is so ordered. ate immediately proceed to executive ment in the United States Air Force to the The resolution (S. Res. 277) was session to consider the following nomi- grade indicated while assigned to a position agreed to. of importance and responsibility under title nations on the Executive Calendar: The preamble was agreed to. 10, U.S.C., section 601: Executive Calendar Nos. 544, 545, 546, The resolution, with its preamble, To be lieutenant general 551, 552, 553, 554, 555, 556, 564, the nomi- reads as follows: Lt. Gen. Robert H. Foglesong, 0000 nations on the Secretary’s desk in the S. RES. 277 Coast Guard and, finally, all the mili- The following named officer for appoint- Whereas the United States of America and ment in the United States Air Force to the tary nominations reported by the grade indicated while assigned to a position the sovereign Indian Tribes contained within Armed Services Committee during to- its boundaries have had a long and mutually of importance and responsibility under title beneficial relationship since the beginning of day’s session. 10, U.S.C., section 601: the Republic; I further ask unanimous consent that To be lieutenant general Whereas the United States has recognized the nominations be confirmed, the mo- Maj. Gen. William T. Hobbins, 0000 this special legal and political relationship tions to reconsider be laid upon the The following named officer for appoint- and its trust responsibility to the Indian table, any statements relating to the ment in the United States Air Force to the Tribes as reflected in the Federal Constitu- nominations be printed in the RECORD, grade indicated while assigned to a position tion, treaties, numerous court decisions, fed- the President be immediately notified of importance and responsibility under title eral statutes, executive orders, and course of of the Senate’s action, and the Senate 10, U.S.C., section 601: dealing; To be lieutenant general Whereas Federal policy toward the Indian then return to legislative session. Tribes has vacillated through history and The PRESIDING OFFICER. Without Maj. Gen. Tome H. Walters, Jr., 0000 often failed to uphold the government-to- objection, it is so ordered. ARMY government relationship that has endured The nominations considered and con- The following named officer for appoint- for more than 200 years; firmed en bloc are as follows: ment in the United States Army to the grade Whereas these Federal policies included THE JUDICIARY indicated while assigned to a position of im- the wholesale removal of Indian tribes and Anna Blackburne-Rigsby, of the District of portance and responsibility under title 10, their members from their aboriginal home- Columbia, to be an Associate Judge of the U.S.C., section 601: lands, attempts to assimilate Indian people Superior Court of the District of Columbia To be lieutenant general into the general culture, as well as the ter- for the term of fifteen years. Maj. Gen. Peter M. Cuviello, 0000 mination of the legal and political relation- Thomas J. Motley, of the District of Co- ship between the United States and the In- The following named officer for appoint- lumbia, to be an Associate Judge of the Su- dian tribes; ment in the United States Army to the grade perior Court of the District of Columbia for Whereas President Richard M. Nixon, in indicated while assigned to a position of im- the term of fifteen years. his ‘‘Special Message to Congress on Indian portance and responsibility under title 10, John McAdam Mott, of the District of Co- Affairs’’ on July 8, 1970, recognized that the U.S.C., section 601: lumbia, to be an Associate Judge of the Su- Indian Tribes constitute a distinct and valu- To be lieutenant general perior Court of the District of Columbia for able segment of the American federalist sys- the term of fifteen years. Maj. Gen. Timothy J. Maude, 0000 tem, whose members have made significant The following named officer for appoint- DEPARTMENT OF TRANSPORTATION contributions to the United States and to ment in the United States Army to the grade American culture; J. Randolph Babbitt, of Virginia, to be a indicated while assigned to a position of im- Whereas President Nixon determined that Member of the Federal Aviation Manage- portance and responsibility under title 10, Indian Tribes, as local governments, are best ment Advisory Council for a term of three U.S.C., section 601: able to discern the needs of their people and years. (New Position) To be lieutenant general are best situated to determine the direction Robert W. Baker, of Texas, to be a Member of their political and economic futures; of the Federal Aviation Management Advi- Maj. Gen. Paul T. Mikolashek, 0000 Whereas in his ‘‘Special Message’’ Presi- sory Council for a term of three years. (New The following named officer for appoint- dent Nixon recognized that the policies of Position) ment in the United States Army to the grade

VerDate Mar 15 2010 20:49 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD\BR2000\JUN\S27JN0.REC S27JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY 12510 CONGRESSIONAL RECORD—SENATE June 27, 2000 indicated while assigned to a position of im- To be vice admiral The following named officer for appoint- portance and responsibility under title 10, Rear Adm. James W. Metzger, 0000 ment in the United States Navy to the grade U.S.C., section 601: indicated while assigned to a position of im- The following named officer for appoint- portance and responsibility under title 10, To be lieutenant general ment in the United States Navy to the grade U.S.C., section 601: Maj. Gen. Robert W. Noonan, Jr., 0000 indicated while assigned to a position of im- The following named officer for appoint- portance and responsibility under title 10, To be vice admiral ment in the United States Army to the grade U.S.C., section 601; Rear Adm. Paul G. Gaffney II, 0000 indicated while assigned to a position of im- To be vice admiral NOMINATIONS PLACED ON THE SECRETARY’S portance and responsibility under title 10, Rear Adm. Michael G. Mullen, 0000 DESK U.S.C., section 601: The following named officer for appoint- AIR FORCE To be lieutenant general ment in the United States Navy to the grade Air Force nominations beginning Cath- Maj. Gen. Daniel R. Zanini, 0000 indicated while assigned to a position of im- erine T. Bacon, and ending Karin G. Murphy, The following named officer for appoint- portance and responsibility under title 10, which nominations were received by the Sen- ment in the United States Army to the grade U.S.C., section 601: ate and appeared in the Congressional indicated while assigned to a position of im- To be vice admiral Record of June 6, 2000. Air Force nominations beginning Ronald portance and responsibility under title 10, Rear Adm. John J. Grossenbacher, 0000 U.S.C., section 601: A. Gregory, and ending Melody A. Warren, The following named officer for appoint- which nominations were received by the Sen- To be general ment in the United States Navy to the grade ate and appeared in the Congressional Lt. Gen. Tommy R. Franks, 0000 indicated while assigned to a position of im- Record of June 15, 2000. portance and responsibility under title 10, The following Army National Guard of the ARMY United States officer for appointment in the U.S.C., section 601: Army nominations beginning Philip W. Reserve of the Army to the grade indicated To be vice admiral Hill, and ending Joseph F. Hannon, which under title 10, U.S.C., section 12203: Vice Adm. Gregory G. Johnson, 0000 nominations were received by the Senate and To be major general The following named officer for appoint- appeared in the Congressional Record of May Brig. Gen. Wayne D. Marty, 0000 ment in the United States Navy to the grade 11, 2000. The following named officer for appoint- indicated in accordance with Article II, Sec- Army nominations beginning Ronald J. ment in the United States Army to the grade tion 2, Clause 2, of the Constitution: Buchholz, and ending *Jean M. Davis, which indicated while assigned to a position of im- To be rear admiral (lower half) nominations were received by the Senate and appeared in the Congressional Record of May portance and responsibility under title 10, Capt. Eleanor C. Mariano, 0000 U.S.C., section 601: 11, 2000. The following named officers for appoint- To be lieutenant general Army nominations beginning Jack R. ment in the United States Navy to the grade Christensen, and ending Daniel J. Travers, Maj. Gen. Dan K. McNeill, 0000 indicated under title 10, U.S.C., section 624: which nominations were received by the Sen- The following named officer for appoint- To be rear admiral (lower half) ate and appeared in the Congressional ment in the United States Army to the grade Capt. Nancy E. Brown, 0000 Record of May 11, 2000. indicated while assigned to a position of im- Capt. Donald K. Bullard, 0000 Army nominations beginning Brent M. portance and responsibility under title 10, Capt. Albert M. Calland III, 0000 Boyles, and ending Frank J. Toderico, which U.S.C., section 601: Capt. Robert T. Conway, Jr., 0000 nominations were received by the Senate and To be general Capt. John P. Cryer III, 0000 appeared in the Congressional Record of Lt. Gen. William F. Kernan, 0000 Capt. Thomas Q. Donaldson V, 0000 June 6, 2000. Army nominations beginning *Robin M. The following named officer for appoint- Capt. John J. Donnelly, 0000 Capt. Steven L. Enewold, 0000 Adamsmccallum, and ending Esmeraldo ment in the United States Army to the grade Zarzabal, Jr., which nominations were re- indicated while assigned to a position of im- Capt. Jay C. Gaudio, 0000 Capt. Charles S. Hamilton II, 0000 ceived by the Senate and appeared in the portance and responsibility under title 10, Congressional Record of June 6, 2000. U.S.C., section 601: Capt. John C. Harvey, Jr., 0000 Capt. Timothy L. Heely, 0000 Army nominations beginning Richard A. To be lieutenant general Capt. Carlton B. Jewett, 0000 Gaydo, and ending John E. Zydron, which Lt. Gen. Donald L. Kerrick, 0000 Capt. Rosanne M. Levitre, 0000 nominations were received by the Senate and MARINE CORPS Capt. Samuel J. Locklear III, 0000 appeared in the Congressional Record of June 14, 2000. The following named officer for appoint- Capt. Richard J. Mauldin, 0000 Army nomination Thomas A. Holditz, , ment as Assistant Commandant of the Ma- Capt. Alexander A. Miller, 0000 which was received by the Senate and ap- rine Corps and appointment to the grade in- Capt. Mark R. Milliken, 0000 peared in the Congressional Record of June dicated while assigned to a position of im- Capt. Christopher M. Moe, 0000 14, 2000. portance and responsibility under title 10, Capt. Matthew G. Moffit, 0000 Army nominations beginning Karen A. U.S.C., sections 601 and 5044: Capt. Michael P. Nowakowski, 0000 Dixon, and ending Jesse J. Rose, which To be general Capt. Stephen R. Pietropaoli, 0000 Capt. Paul J. Ryan, 0000 nominations were received by the Senate and Lt. Gen. Michael J. Williams, 0000 Capt. Michael A. Sharp, 0000 appeared in the Congressional Record of The following named officer for appoint- Capt. Vinson E. Smith, 0000 June 14, 2000. ment in the United States Marine Corps to Capt. Harold D. Starling II, 0000 COAST GUARD the grade indicated while assigned to a posi- Capt. James Stavridis, 0000 Coast Guard nominations beginning Jef- tion of importance and responsibility under Capt. Paul E. Sullivan, 0000 frey D. Kotson, and ending Kimberly Orr, title 10, U.S.C., section 601: Capt. Michael C. Tracy, 0000 which nominations were received by the Sen- To be general Capt. Miles B. Wachendorf, 0000 ate and appeared in the Congressional Lt. Gen. Carlton W. Fulford, Jr., 0000 Capt. John J. Waickwicz, 0000 Record of April 25, 2000. Capt. Anthony L. Winns, 0000 NAVY MARINE CORPS The following named officer for appoint- The following named officers for appoint- Marine Corps nominations beginning Den- ment in the United States Navy to the grade ment in the United States Naval Reserve to nis J. Allston, and ending David L. Stokes, indicated while assigned to a position of im- the grade indicated under title 10, U.S.C., which nominations were received by the Sen- portance and responsibility under title 10, section 12203: ate and appeared in the Congressional U.S.C., section 601: Record of May 11, 2000. To be rear admiral (lower half) To be vice admiral Marine Corps nominations beginning Ar- Capt. Peter L. Andrus, 0000 Rear Adm. Joseph W. Dyer, 0000 thur J. Athens, and ending Marc A. Work- Capt. Steven B. Kantrowitz, 0000 man, which nominations were received by The following named officer for appoint- Capt. James M. McGarrah, 0000 the Senate and appeared in the Congres- ment in the United States Navy to the grade Capt. Elizabeth M. Morris, 0000 sional Record of June 6, 2000. indicated while assigned to a position of im- The following named officer for appoint- Marine Corps nominations beginning Tray portance and responsibility under title 10, ment in the United States Navy to the grade J. Ardese, and ending Barian A. Woodward, U.S.C., section 601: indicated while assigned to a position of im- which nominations were received by the Sen- portance and responsibility under title 10, To be vice admiral ate and appeared in the Congressional U.S.C., section 601: Rear Adm. John B. Nathman, 0000 Record of June 6, 2000.

VerDate Mar 15 2010 20:49 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD\BR2000\JUN\S27JN0.REC S27JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2000 CONGRESSIONAL RECORD—SENATE 12511 Marine Corps nomination of John M. Dunn, The provisions in this Treaty follow ADJOURNMENT UNTIL 9:30 A.M. which was received by the Senate and ap- generally the form and content of ex- TOMORROW peared in the Congressional Record of June tradition treaties recently concluded Mr. MURKOWSKI. Mr. President, if 14, 2000. by the United States. NAVY there is no further business to come be- Upon entry into force, this Treaty fore the Senate, I now ask unanimous Navy nomination of James R. Lake, which would enhance cooperation between was received by the Senate and appeared in consent the Senate stand in adjourn- the law enforcement authorities of ment under the previous order. the Congressional Record of April 11, 2000. both countries, and thereby make a Navy nomination of Robert E. Davis, There being no objection, the Senate, which was received by the Senate and ap- significant contribution to inter- at 9:02 p.m., adjourned until Wednes- peared in the Congressional Record of May national law enforcement efforts. The day, June 28, 2000, at 9:30 a.m. 11, 2000. Treaty would supersede the 1931 United Navy nominations beginning Lawrence J. States-United Kingdom extradition f Chick, and ending James R. Wimmer, which treaty currently applicable to the CONFIRMATIONS nominations were received by the Senate and United States and Sri Lanka. appeared in the Congressional Record of May I recommend that the Senate give Executive nominations confirmed by 11, 2000. early and favorable consideration to the Senate June 27, 2000: Navy nomination of Ray A. Stapf, which THE JUDICIARY was received by the Senate and appeared in the Treaty and give its advice and con- the Congressional Record of May 17, 2000. sent to ratification. ANNA BLACKBURNE-RIGSBY, OF THE DISTRICT OF CO- LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR Navy nomination of Jeffrey M. Armstrong, WILLIAM J. CLINTON. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM which was received by the Senate and ap- THE WHITE HOUSE, June 27, 2000. OF FIFTEEN YEARS. peared in the Congressional Record of June THOMAS J. MOTLEY, OF THE DISTRICT OF COLUMBIA, f TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT 14, 2000. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- Navy nomination of Billy J. Price, which ORDERS FOR WEDNESDAY, JUNE TEEN YEARS. was received by the Senate and appeared in JOHN MCADAM MOTT, OF THE DISTRICT OF COLUMBIA, 28, 2000 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT the Congressional Record of June 14, 2000. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- Navy nominations beginning Aurora S. Mr. MURKOWSKI. Mr. President, I TEEN YEARS. Abalos, and ending Jerry L. Zumbro, which ask unanimous consent that when the DEPARTMENT OF TRANSPORTATION nominations were received by the Senate and Senate completes its business today, it J. RANDOLPH BABBITT, OF VIRGINIA, TO BE A MEMBER appeared in the Congressional Record of stand in adjournment until 9:30 a.m. on OF THE FEDERAL AVIATION MANAGEMENT ADVISORY June 14, 2000. COUNCIL FOR A TERM OF THREE YEARS. Wednesday, June 28. I further ask ROBERT W. BAKER, OF TEXAS, TO BE A MEMBER OF f unanimous consent that on Wednesday, THE FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL FOR A TERM OF THREE YEARS. LEGISLATIVE SESSION immediately following the prayer, the GEOFFREY T. CROWLEY, OF WISCONSIN, TO BE A MEM- Journal of proceedings be approved to BER OF THE FEDERAL AVIATION MANAGEMENT ADVI- The PRESIDING OFFICER. Under date, the morning hour be deemed ex- SORY COUNCIL FOR A TERM OF TWO YEARS. the previous order, the Senate will now ROBERT A. DAVIS, OF WASHINGTON, TO BE A MEMBER pired, the time for the two leaders be OF THE FEDERAL AVIATION MANAGEMENT ADVISORY return to legislative session. COUNCIL FOR A TERM OF TWO YEARS. reserved for their use later in the day, KENDALL W. WILSON, OF THE DISTRICT OF COLUMBIA, f and the Senate then resume consider- TO BE A MEMBER OF THE FEDERAL AVIATION MANAGE- MENT ADVISORY COUNCIL FOR A TERM OF ONE YEAR. REMOVAL OF INJUNCTION OF SE- ation of the Hutchison and Daschle EDWARD M. BOLEN, OF MARYLAND, TO BE A MEMBER CRECY—TREATY DOCUMENT NO. amendments to the Labor-Health and OF THE FEDERAL AVIATION MANAGEMENT ADVISORY 106–34 Human Services appropriations bill. COUNCIL FOR A TERM OF TWO YEARS. DEPARTMENT OF AGRICULTURE Mr. MURKOWSKI. Mr. President, as The PRESIDING OFFICER. Without objection, it is so ordered. CHRISTOPHER A. MCLEAN, OF NEBRASKA, TO BE AD- in executive session, I ask unanimous MINISTRATOR, RURAL UTILITIES SERVICE, DEPART- consent that the injunction of secrecy Mr. MURKOWSKI. I further ask MENT OF AGRICULTURE. be removed from the following treaty unanimous consent that a vote occur THE ABOVE NOMINATION WAS APPROVED SUBJECT TO in relation to the Hutchison amend- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- transmitted to the Senate on June 27, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY 2000, by the President of the United ment at 9:45, to be followed by a vote in CONSTITUTED COMMITTEE OF THE SENATE. States: Extradition Treaty with Sri relation to the Daschle amendment, IN THE AIR FORCE with 4 minutes of debate equally di- Lanka (Treaty Document No. 106–34). THE FOLLOWING NAMED OFFICER FOR APPOINTMENT vided prior to each vote and that no IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Further, I ask unanimous consent CATED UNDER TITLE 10, U.S.C., SECTION 624: the treaty be considered as having been second-degree amendments be in order To be major general read for the first time, that it be re- prior to the votes. ferred with accompanying papers to The PRESIDING OFFICER. Without BRIG. GEN. CRAIG P. RASMUSSEN, 0000 objection, it is so ordered. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED the Committee on Foreign Relations STATES OFFICER FOR APPOINTMENT IN THE RESERVE and ordered to be printed, and that the f OF THE AIR FORCE TO THE GRADE INDICATED UNDER President’s message be printed in the TITLE 10, U.S.C., SECTION 12203: RECORD. PROGRAM To be brigadier general The PRESIDING OFFICER. Without Mr. MURKOWSKI. For the informa- COL. BRUCE S. ASAY, 0000 objection, it is so ordered. tion of all Senators, on Wednesday, the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The message of the President is as Senate will resume consideration of IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE follows: the Labor-HHS appropriations bill at AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To the Senate of the United States: 9:30 a.m. Under the previous order, 601: With a view to receiving the advice there will be closing remarks on the To be lieutenant general and consent of the Senate to ratifica- Hutchison amendment regarding same- LT. GEN. ROBERT H. FOGLESONG, 0000 tion, I transmit herewith the Extra- sex schools with a vote in relation to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT dition Treaty between the Government the amendment to occur at approxi- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE of the United States of America and mately 9:45 a.m. Following that vote, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the Government of the Democratic So- the Senate will proceed to a vote in re- 601: cialist Republic of Sri Lanka, signed at lation to the Daschle amendment re- To be lieutenant general Washington September 30, 1999. garding fetal alcohol. After the votes, MAJ. GEN. WILLIAM T. HOBBINS, 0000 In addition, I transmit, for the infor- the Senate will continue debate on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mation of the Senate, the report of the amendments as they are offered. Sen- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Department of State with respect to ators can anticipate votes throughout AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the Treaty. As the report states, the the day with the expectation of com- 601: Treaty will not require implementing pleting action on the bill during tomor- To be lieutenant general legislation. row’s session. MAJ. GEN. TOME H. WALTERS, JR., 0000

VerDate Mar 15 2010 20:49 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0686 Sfmt 9801 C:\1999-2001-BOUND-RECORD\BR2000\JUN\S27JN0.REC S27JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY 12512 CONGRESSIONAL RECORD—SENATE June 27, 2000

IN THE ARMY CAPT. STEVEN B. KANTROWITZ, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPT. JAMES M. MCGARRAH, 0000 IN THE CONGRESSIONAL RECORD ON JUNE 6, 2000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. ELIZABETH M. MORRIS, 0000 AIR FORCE NOMINATIONS BEGINNING RONALD A. IN THE UNITED STATES ARMY TO THE GRADE INDICATED GREGORY, AND ENDING MELODY A. WARREN, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON JUNE 14, To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2000.

MAJ. GEN. PETER M. CUVIELLO, 0000 To be vice admiral IN THE ARMY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. JAMES W. METZGER, 0000 ARMY NOMINATIONS BEGINNING PHILIP W. HILL, AND IN THE UNITED STATES ARMY TO THE GRADE INDICATED ENDING JOSEPH F. HANNON, WHICH NOMINATIONS WERE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RECEIVED BY THE SENATE AND APPEARED IN THE CON- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GRESSIONAL RECORD ON MAY 11, 2000. To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601; ARMY NOMINATIONS BEGINNING RONALD J. BUCHHOLZ, AND ENDING JEAN M. *DAVIS, WHICH NOMINATIONS MAJ. GEN. TIMOTHY J. MAUDE, 0000 To be vice admiral WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. MICHAEL G. MULLEN, 0000 CONGRESSIONAL RECORD ON MAY 11, 2000. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING JACK R. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTENSEN, AND ENDING DANIEL J. TRAVERS, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 2000. MAJ. GEN. PAUL T. MIKOLASHEK, 0000 To be vice admiral ARMY NOMINATIONS BEGINNING BRENT M. BOYLES, AND ENDING FRANK J. TODERICO, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. JOHN J. GROSSENBACHER, 0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON JUNE 6, 2000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING ROBIN M. *ADAMS- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MCCALLUM, AND ENDING ESMERALDO ZARZABAL JR., To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJ. GEN. ROBERT W. NOONAN, JR., 0000 To be vice admiral JUNE 6, 2000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. GREGORY G. JOHNSON, 0000 ARMY NOMINATIONS BEGINNING RICHARD A. GAYDO, IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND ENDING JOHN E. ZYDRON, WHICH NOMINATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONGRESSIONAL RECORD ON JUNE 14, 2000. IN ACCORDANCE WITH ARTICLE II, SECTION 2, CLAUSE 2, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be Lieutenant General OF THE CONSTITUTION: AS A PERMANENT PROFESSOR OF THE UNITED STATES MAJ. GEN. DANIEL R. ZANINI, 0000 To be rear admiral (lower half) MILITARY ACADEMY IN THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 4333 (B): THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. ELEANOR C. MARIANO, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be lieutenant colonel WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THOMAS A. KOLDITZ, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be general To be rear admiral (lower half) ARMY NOMINATIONS BEGINNING KAREN A. DIXON, AND ENDING JESSE J. ROSE, WHICH NOMINATIONS WERE RE- LT. GEN. TOMMY R. FRANKS, 0000 CAPT. NANCY E. BROWN, 0000 CEIVED BY THE SENATE AND APPEARED IN THE CON- THE FOLLOWING ARMY NATIONAL GUARD OF THE CAPT. DONALD K. BULLARD, 0000 GRESSIONAL RECORD ON JUNE 14, 2000. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CAPT. ALBERT M. CALLAND, III, 0000 SERVE OF THE ARMY TO THE GRADE INDICATED UNDER CAPT. ROBERT T. CONWAY JR., 0000 IN THE COAST GUARD TITLE 10, U.S.C., SECTION 12203: CAPT. JOHN P. CRYER, III, 0000 CAPT. THOMAS Q. DONALDSON, V, 0000 COAST GUARD NOMINATIONS BEGINNING JEFFREY D. To be major general CAPT. JOHN J. DONNELLY, 0000 KOTSON, AND ENDING KIMBERLY ORR, WHICH NOMINA- BRIG. GEN. WAYNE D. MARTY, 0000 CAPT. STEVEN L. ENEWOLD, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPT. JAY C. GAUDIO, 0000 IN THE CONGRESSIONAL RECORD ON APRIL 25, 2000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. CHARLES S. HAMILTON, II, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPT. JOHN C. HARVEY JR., 0000 IN THE MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPT. TIMOTHY L. HEELY, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. CARLTON B. JEWETT, 0000 MARINE CORPS NOMINATIONS BEGINNING DENNIS J. To be lieutenant general CAPT. ROSANNE M. LEVITRE, 0000 ALLSTON, AND ENDING DAVID L. STOKES, WHICH NOMI- CAPT. SAMUEL J. LOCKLEAR, III, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. DAN K. MCNEILL, 0000 CAPT. RICHARD J. MAULDIN, 0000 PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, CAPT. ALEXANDER A. MILLER, 0000 2000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. MARK R. MILLIKEN, 0000 MARINE CORPS NOMINATIONS BEGINNING ARTHUR J. IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPT. CHRISTOPHER M. MOE, 0000 ATHENS, AND ENDING MARC A. WORKMAN, WHICH NOMI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPT. MATTHEW G. MOFFIT, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. MICHAEL P. NOWAKOWSKI, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JUNE 6, To be general CAPT. STEPHEN R. PIETROPAOLI, 0000 2000. CAPT. PAUL J. RYAN, 0000 MARINE CORPS NOMINATIONS BEGINNING TRAY J. LT. GEN. WILLIAM F. KERNAN, 0000 CAPT. MICHAEL A. SHARP, 0000 ARDESE, AND ENDING BARIAN A. WOODWARD, WHICH CAPT. VINSON E. SMITH, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. HAROLD D. STARLING, II, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JUNE 6, IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPT. JAMES STAVRIDIS, 0000 2000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPT. PAUL E. SULLIVAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. MICHAEL C. TRACY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- CAPT. MILES B. WACHENDORF, 0000 To be lieutenant general RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CAPT. JOHN J. WAICKWICZ, 0000 LT. GEN. DONALD L. KERRICK, 0000 CAPT. ANTHONY L. WINNS, 0000 To be colonel IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOHN M. DUNN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AS ASSISTANT COMMANDANT OF THE MARINE CORPS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE NAVY AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- To be vice admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 5044: TO THE GRADE INDICATED IN THE UNITED STATES NAVY REAR ADM. JOSEPH W. DYER, 0000 To be general UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. MICHAEL J. WILLIAMS, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be captain WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JAMES R. LAKE, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be vice admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., TO THE GRADE INDICATED IN THE UNITED STATES NAVY SECTION 601: REAR ADM. JOHN B. NATHMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be captain LT. GEN. CARLTON W. FULFORD, JR., 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ROBERT E. DAVIS, 0000 NAVY To be vice admiral NAVY NOMINATIONS BEGINNING LAWRENCE J. CHICK, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AND ENDING JAMES R. WIMMER, WHICH NOMINATIONS IN THE UNITED STATES NAVAL RESERVE TO THE GRADE REAR ADM. PAUL G. GAFFNEY, II, 0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE AIR FORCE CONGRESSIONAL RECORD ON MAY 11, 2000. To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING CATHERINE T. TO THE GRADE INDICATED IN THE UNITED STATES NAVY CAPT. PETER L. ANDRUS, 0000 BACON, AND ENDING KARIN G. MURPHY, WHICH NOMINA- UNDER TITLE 10, U.S.C., SECTION 624:

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RAY A. STAPF, 0000 JEFFREY M. ARMSTRONG, 0000 BILLY J. PRICE, 0000

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING AURORA S. ABALOS, TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY AND ENDING JERRY L. ZUMBRO, WHICH NOMINATIONS UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 14, 2000.

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The House met at 9 a.m. and was cost of our liberty has not come easy. nese positions when they were caught called to order by the Speaker pro tem- Throughout our Nation’s history, brave in the midst of heavy crossfire and pore (Mr. WALDEN of Oregon). men and women have sacrificed their were shot down. To survive, the crew f lives in order to defend and protect the was forced to spend 10 hours on a life principles this Nation was founded raft, averting enemy fire, before finally DESIGNATION OF SPEAKER PRO upon. Together, they have ensured the being rescued. Before this mission, TEMPORE strength of this Nation. Tech Sergeant Cameron and four com- The SPEAKER pro tempore laid be- Mr. Speaker, I am proud and honored bat air crewmen helped rescue a fore the House the following commu- to represent a district with a strong downed flyer in the sea off Green Is- nication from the Speaker: military presence, both active and re- land. Mr. Cameron helped secure a five- WASHINGTON, DC, tired. The Third District of North man raft and carried it down a 75-foot June 27, 2000. Carolina is home to Marine Corps Base cliff in order to rescue the pilot. For I hereby appoint the Honorable GREG WAL- Camp Lejuene, Air Station Cherry his brave assistance, he received the DEN to act as Speaker pro tempore on this Point and New River, Seymour John- Navy and Marine Corps medal for her- day. son Air Force Base, and the Elizabeth oism. J. DENNIS HASTERT, City Coast Guard Station. In addition, On October 2, 1945, Technical Ser- Speaker of the House of Representatives. Eastern North Carolina is home to geant Cameron was honorably dis- f 77,000 retired veterans and nearly 13,000 charged from the Marines. His dedica- retired military. While each individual tion to his country can only be MORNING HOUR DEBATES can provide a unique perspective and matched by his dedication to his fam- The SPEAKER pro tempore. Pursu- account of their service, I would like to ily. James Cameron married his wife ant to the order of the House of Janu- take time today to pay tribute to a Elizabeth on September 27, 1941. To- ary 19, 1999, the Chair will now recog- gentleman whose service during World gether they have three sons, James, nize Members from lists submitted by War II is worthy of recognition. Bruce and Doug. the majority and minority leaders for Technical Sergeant James Cameron, After leaving the service, Mr. Cam- morning hour debates. The Chair will Jr., was a navigator-bombardier during eron served as a mounted policeman in alternate recognition between the par- the Second World War. His remarkable New York City where he helped to ties, with each party limited to not to military record both in combat and in train horses and taught other officers exceed 25 minutes, and each Member, peace represents that of many citizens to ride horses. He retired from the po- except the majority leader, the minor- who answered their call to duty and ac- lice force at the rank of sergeant. ity leader, or the minority whip, lim- cepted the highest responsibility to Mr. Speaker, Technical Sergeant ited to not to exceed 5 minutes, but in preserve peace and freedom both here Cameron died on September 15, 1975 no event shall debate continue beyond and abroad. Although regrettably 25 after a long battle with cancer. But 9:50 a.m. years after his death, Tech Sergeant today we celebrate and honor his life The Chair recognizes the gentleman Cameron was finally rewarded for his and his dedication to preserve peace from North Carolina (Mr. JONES) for 5 service. Earlier this year at Camp and freedom for all Americans. minutes. Lejuene Marine Corps in Jacksonville, In closing, I want to share a quote f North Carolina, Tech Sergeant Cam- from one of the Founding Fathers of eron’s wife was part of a ceremony to this country, Gouveneur Morris, who TRIBUTE TO TECHNICAL SER- honor her late husband’s valiant serv- once said, ‘‘I anticipate the day when GEANT JAMES CAMERON, MA- ice to this country. On behalf of her to command respect in the most RINE CORPS WAR HERO husband, Ms. Cameron received eight remotest regions it will be sufficient to Mr. JONES of North Carolina. Mr. air medals. He is also eligible for two say, ‘I am an American.’ ’’ Speaker, earlier this month I was in Distinguished Flying Crosses which are Mr. Speaker, I want to thank Tech New Orleans as the city was preparing forthcoming. Technical Sergeant Cam- Sergeant Cameron and all United to celebrate the 56th anniversary of D- eron has also been awarded the Asiatic- States veterans for their heroic cour- Day and the opening of the national D- Pacific Campaign Medal with one age in the name of freedom. Yes, Mr. Day museum. The event brought to- Bronze Star, the World War II Victory Speaker, we are free but it is because gether thousands of World War II vet- Medal, the American Campaign Medal, of the sacrifice made by many men and erans and attracted even more to pay and the Air Medal with two gold stars women to defend the freedom of this tribute to the soldiers, sailors, airmen and one silver star. country. and marines who risked and far too Mr. Speaker, James Cameron en- f often gave their lives to protect the listed in the Marine Corps in November freedoms that you and I enjoy every of 1942 at the age of 22. After attending LIVABLE COMMUNITIES day. These brave Americans make up the Navy Air Training Center in Jack- The SPEAKER pro tempore. Under what is called ‘‘the greatest genera- sonville, Florida and the navigation- the Speaker’s announced policy of Jan- tion.’’ Many of them are our parents bombardier school at Quantico, he uary 19, 1999, the gentleman from Or- and grandparents, husbands and wives, joined the 423rd bombing squadron at egon (Mr. BLUMENAUER) is recognized who endured through often unthink- Cherry Point. He had served his coun- during morning hour debates for 5 min- able circumstances to build the United try at war in the Southwest Pacific re- utes. States of America into what it is gion from February 1944 to March 1945. Mr. BLUMENAUER. Mr. Speaker, I today. His B–25 crew flew more than 50 com- came to Congress with a keen interest Mr. Speaker, Daniel Webster once bat missions, bombing targets in New in having the Federal Government be a said, ‘‘God grants liberty to those who Britain and New Ireland. better partner in promoting livable love it and are always willing and pre- In 1944, his crew was on a crack communities, things that we can do pared to defend it.’’ Unfortunately, the bomber mission that was raiding Japa- with the private sector, with business,

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 Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12515 with individual neighborhood associa- mission Navy ships that employs fam- your car at the gas station and wit- tions, with government at all levels to ily wage jobs and modern environ- nessed prices escalating almost at help make our families safe, healthy mental technology to make sure that every week, an increase in prices of and economically secure. I found that these ships are dismantled in not only fuel. In some areas in my community, one of the most powerful things that a cost effective but an environmentally prices for regular unleaded are about we can do in the Federal Government sensitive way as opposed to what some $1.65 and in some places in the country, is to simply lead by example, for the would do, simply tow them overseas including the Midwest, we see prices Federal Government to model the type and allow them to be disposed of in upwards of $2.25. Is that affordable? of behavior that we want the rest of Bangladesh under who knows what Yes, it is available but is it affordable? America to abide by. standards. It is simply not a respon- And how much does that take out of We have had great fun with a very sible activity on our part. the American family’s budget weekly, simple concept that would require the And then there is the issue of money that they could spend on post office to obey local land use laws, unexploded ordnance. Throughout the clothes for their kids, textbooks for zoning codes and environmental regu- United States, there are areas where school, health care or purchasing pre- lations. This legislation has already we have used land for training purposes scription drugs? It is a lot of money. commanded the cosponsorship of the that are filled with bombs and shells Filling up a 20-gallon tank costs some- majority of Members of this assembly that have not exploded. At the current where between 4 and 8 additional dol- and has excited people around the rate, it is going to take us 100 years to lars a week now due to the price of en- country who see the post office as po- be able to decontaminate, to be able to ergy. Now, that is the administration tential building blocks to stabilize deal with this problem of unexploded that is doing America a favor by spend- their small towns, to stabilize neigh- ordnance. ing $16 billion on the Department of borhood installations in over 40,000 fa- Mr. Speaker, it is clear that through- Energy. We have heard recently that, of cilities around the country. out the military establishment, there One of the best opportunities is to be are challenges and opportunities for course, we do not think there was espi- found with the Department of Defense. the Federal Government to promote onage involved. We do not know obvi- Our Pentagon budget houses the larg- more livable communities, a better en- ously because we are not certain where the disk drives were and who had them. est inventory of infrastructure in the vironment for the men and women who But we are comforted by the fact that world. The value is placed at some $550 serve in the military, and to protect we are being told by the administra- billion. It is a huge land inventory. The our environment by providing leader- tion, at least by the Secretary of En- Department of Defense is the third ship by example. ergy, that we do not suspect espionage. largest repository of Federal lands, but I invite my colleagues to join us the Initially it was reported that there was unlike BLM or the U.S. Forest Service evening of July 20 at the National a 4-week breach of time between the re- land, this is oftentimes intensively Building Museum for a discussion in porting of the missing hard drives and managed. There are some 12,000 prop- greater detail dealing with how the the notification to the FBI. Then we erties in the inventory of the Depart- military can promote livable commu- nities. heard erroneous or maybe possibly ac- ment of Defense right now that is eligi- f curate reports that it was upwards of 6 ble for historic building status. Over months when the hard drives were the course of the next 30 years, there DEPARTMENT OF ENERGY COMES missing. Then on Meet the Press, Sec- will be 50,000 more. These facilities rep- UNDER SCRUTINY IN WAKE OF retary Richardson said, ‘‘Oh, no, it resent important aspects of military MISSING NUCLEAR SECRETS wasn’t that long, it was only possibly history and important elements that The SPEAKER pro tempore. Under March 28.’’ Talk about the gang that lead to actually building the compo- the Speaker’s announced policy of Jan- could not shoot straight, nobody can nents of communities. We have seen uary 19, 1999, the gentleman from Flor- give us definitive answers where the around the country base decommis- ida (Mr. FOLEY) is recognized during hard drives were, how they were stored, sioning arise as a larger and larger morning hour debates for 5 minutes. how long they had been missing, and issue where they have to be closed and Mr. FOLEY. Mr. Speaker, I appre- who checks in and out of this secret recycled, turned over to the private ciate the option to discuss with the vault. Just last week testifying before sector where there is an opportunity House this morning an issue that does the Senate, the Secretary said, we are here to revitalize communities. Where cause me quite a bit of concern. It real- going to institute technology like bar at one point this was fought by local ly revolves around the missing nuclear coding and putting bar codes onto the communities who felt that they would secrets from the Los Alamos lab. We devices. be losing an opportunity for economic have spent about $16 billion a year on I mean, we bar code lettuce in the development and security, we are find- the Department of Energy; 15,000 plus grocery store. You cannot leave a ing as is the case in the transitioning employees, 125,000 contract employees record store without paying for the CD. of Fort Ord to private ownership that and over $16 billion of spending of the Otherwise, the security devices at the this can actually be a tremendous taxpayers’ money. On their own door will make an alarm so that the source of job generation, new housing website, they have the following two detectives or guards there can try and and facilities that can make a dif- mission statements: To provide afford- stop a shoplifter. But the nuclear se- ference for the community. able and available fuel now and in the crets of America, the most sensitive of Camp Pendleton is the only signifi- future, and the security of our nuclear all data stored by our government, is cant open space between Los Angeles weapons stockpile. wandering around with nobody watch- and San Diego. It is home to some 17 It would seem to me based on those ing, nobody monitoring, nobody taking endangered species requiring special two statements, those two mission the blame. stewardship on the part of the military statements by the Department and the Mr. Speaker, we have got a serious establishment. In the area of housing, amount of money the American tax- issue on our hands. I think rather than here too is an opportunity. There is an payers have put into the fund in order politicize it, we need to get to the bot- interesting initiative taking place in to run the agency, you would have as- tom of it. If this incident occurred to a the Department of the Army under the sumed with those types of numbers you corporation, the CEO’s head would roll. leadership of Under Secretary Apgar would have gotten at least a modicum If this announcement of this problem looking for ways to use the private sec- of success in protecting either the nu- was a stock market activity, the stock tor to be able to finance and upgrade clear secrets or providing affordable would collapse. If this was a student in and design quality housing that our energy for Americans now and in the school, they would fail. Somebody has military employees deserve. future. to take account for the pilferage or the In my own district in Portland, Or- I am sure some of you recently have potential misuse or even the missing egon, there is an opportunity to decom- had the pleasure and joy of filling up hard drives.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12516 CONGRESSIONAL RECORD—HOUSE June 27, 2000 General Gordon with this House at- During the drafting of the fiscal year not hide behind artificial budgets and tempted to set up a separate nuclear 2001 budget resolution, the Republican stifle debate. They would allow the agency, if you will, to run the very sen- majority found room for nearly $200 Democrats who started this debate in sitive lab. We were rebuffed oftentimes billion in tax cuts but said that if and the first place to bring up our bill by both the administration, the Sec- when a Medicare prescription drug plan which provides for meaningful, vol- retary of Energy and others. I think we could be developed, it would be limited untary, universal prescription drug need a full and fair explanation of what to $40 billion. There was no study, no coverage under Medicare. Let us have happened. America deserves it. Our se- scientific basis, no analysis that re- the debate on what is best for Amer- curity depends on it. sulted in this figure. Rather it was a ica’s senior citizens even if it means We urge the administration to come back-of-the-envelope calculation to debating a real drug benefit versus forward with an explanation reasonable make room for the huge tax cut they large tax cuts. But, Mr. Speaker, let us to the taxpayers. wanted to fund. Furthermore, during have this debate. f the markup, I offered an amendment to f IN OPPOSITION TO H.R. 4680, RE- restore funding for teaching hospitals, RECESS academic medical centers and other PUBLICAN PRESCRIPTION DRUG The SPEAKER pro tempore. Pursu- BENEFIT BILL Medicare in-patient costs. My amend- ment was rejected and I was told that ant to clause 12 of rule I, the Chair de- The SPEAKER pro tempore. Under by the Republican majority that any clares the House in recess until 10 a.m. the Speaker’s announced policy of Jan- changes to the Balanced Budget Act of today. uary 19, 1999, the gentleman from Accordingly (at 9 o’clock and 22 min- 1997 could be addressed out of that $40 Texas (Mr. BENTSEN) is recognized dur- utes a.m.), the House stood in recess billion set aside. I was also told that ing morning hour debates for 5 min- until 10 a.m. money could be used for Medicare re- utes. f Mr. BENTSEN. Mr. Speaker, later form. But of course that is the same this week, the Republican leadership money that was supposed to be set b 1000 will bring to the floor a bill purporting aside for prescription drug coverage. AFTER RECESS Now we hear that the Republican to be a new prescription drug benefit leadership has promised to push legis- The recess having expired, the House for America’s senior citizens. Yester- was called to order at 10 a.m. day, I gave a number of reasons why lation later this year to make those f the Republican prescription drug bill is exact same fixes but they have said fatally flawed and issued a challenge to they are already spending that on pre- PRAYER scription drugs. So clearly the Repub- the Republican majority to allow the The Chaplain, the Reverend Daniel P. licans have no intention of abiding by Democrats to put forth our own pre- Coughlin, offered the following prayer: scription drug plan. Today, I want to the fiscal year 2001 budget resolution Reverence for You, O God, breathes stress the hypocrisy of the Repub- as long as it does not serve their polit- forth a spirit of freedom within us. It is licans’ procedure for considering this ical purposes. this spirit that gives us true self-es- important issue. This is not a new phenomenon. Under teem, a gracious attitude toward ev- Rather than allow an open and hon- the Balanced Budget Act of 1997, agri- eryone else, and the power to live out est debate on how Congress would pro- culture was to be funded at $11.3 billion our commitments to others with love. vide for a prescription drug benefit for in 1999 and $10.7 billion in 2000. But It is this same spirit that urges us to America’s senior citizens, the Repub- when it came time for Congress to live seek out even greater freedom within licans apparently will script a closed by these caps, the Republican major- ourselves and work for the good of our rule with limited debate predicated on ity, recognizing the harsh effects of brothers and sisters wherever they may an arbitrary budget resolution which these constraints, abandoned them. Ag- be in this country and beyond. they have shown a willingness time riculture was funded at $23 billion in Thomas Jefferson taught us, O Lord, and again to violate when it suits their 1999 and $35 billion in 2000. The same is that ‘‘the very God who gave us life purposes. Unfortunately, both their true when it came to highways. When gave us liberty at the same time.’’ Help flawed insurance subsidy plan and their Congress set caps in 1997 and then us never to separate these two great desire to stifle debate in this the peo- passed a highway construction bill, the gifts. Make us instruments of life and ple’s House on a question of vital im- Republicans busted the caps. So far liberty now and forever. Amen. portance to nearly 40 million American they have funded transportation and f Medicare beneficiaries indicates once highway construction far above what THE JOURNAL and for all that responding to the needs was set in 1997. It is true again for de- of America’s senior citizens does not fense. In 1997, we set caps for defense The SPEAKER. The Chair has exam- suit the political purposes of congres- spending going out 5 years and we have ined the Journal of the last day’s pro- sional Republicans. busted those caps every year. ceedings and announces to the House The Republicans’ claim that no Medi- Mr. Speaker, do not get me wrong. I his approval thereof. care prescription drug benefit can ex- do not dispute the need at times to ad- Pursuant to clause 1, rule I, the Jour- ceed the cost of $40 billion over 5 years just balanced budget caps when the nal stands approved. is false. As such, they have designed a need is justified. What I challenge is f flawed plan that fits neatly under this whether the Republican leadership is PLEDGE OF ALLEGIANCE cap by delaying implementation and really sincere about helping America’s limiting catastrophic coverage only to senior citizens. They found a way to fi- The SPEAKER. Will the gentleman those costs that exceed $6,000. Under nesse budget limits for national de- from New Jersey (Mr. PASCRELL) come their plan, if the government pays an fense, for highways and for our farm- forward and lead the House in the insurer enough to create a plan where ers. They are all worthy causes, but Pledge of Allegiance. Mr. PASCRELL led the Pledge of Al- the premiums are not set too high by why will they not work around the legiance as follows: the insurer that someone can afford it, budget resolution for America’s senior I pledge allegiance to the Flag of the you still only get a benefit of about citizens? Why will they not do this for United States of America, and to the Repub- $1,000 less premiums and after that you the generation that fought ‘‘The Great lic for which it stands, one nation under God, are on your own until you reach $6,000. War’’ and built the Nation? Why will indivisible, with liberty and justice for all. The Republicans know full well that a they not do that for those we honored f real, affordable, workable prescription this past week who fought ‘‘The For- drug plan will cost more but they are gotten War’’ in Korea? ANNOUNCEMENT BY THE SPEAKER opposed to investing in this coverage If the Republicans were really sincere The SPEAKER. The Chair will enter- for America’s senior citizens. about helping our seniors, they would tain 15 one-minutes on each side.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12517 THE NEED TO ADDRESS OIL PRICE the public safety equation, our fire- erties that are polluted, that are con- FIXING fighters. tinuing to pollute our environment to (Mr. GIBBONS asked and was given f a good purpose. permission to address the House for 1 INTERNATIONAL ABDUCTION minute and to revise and extend his re- f marks.) (Mr. LAMPSON asked and was given permission to address the House for 1 Mr. GIBBONS. Mr. Speaker, recently WORLD’S FIRST CANINE TRAVEL minute.) gasoline prices have increased at rates AGENCY not seen since the 1970s. While the Clin- Mr. LAMPSON. Mr. Speaker, I rise ton-Gore administration vows that it today to tell my colleagues the story of (Mr. TRIFICANT asked and was will not tolerate companies who fix Anthony and Timothy Azarmgin. An- given permission to address the House prices here at home, it remains reluc- thony and Timothy were abducted for 1 minute and to revise and extend tant to get tough on foreign countries from Missouri by their noncustodial fa- his remarks.) that simultaneously receive U.S. aid ther, Mr. Tony Hossein Azarmgin, dur- Mr. TRAFICANT. Mr. Speaker, the and engage in oil price fixing that af- ing their father’s visitation period on world’s first canine travel agency fects every American. January 2, 1991. opened in Austria. No joke. A company Although it is almost too late, it is By August of 1991, both warrants for advertises health spas for Rottweilers, time that the administration begin kidnapping and unlawful flight to massage parlors for Dobermans, beauty working for the American people. avoid prosecution were in place. In parlors for poodles. Mr. Speaker, many Americans are 1992, Ms. Lewis, the boys’ mother, was If that is not enough to throw up seeing their family vacation plans contacted by Mr. Azarmgin when he in- one’s Alpo, they offer a frequent flier evaporate as prices rise. I call upon the sinuated that he and the boys were in program for doggy owners who vaca- administration to adopt a national pol- another country. In 1994, the Interpol tion with Fido. Unbelievable. What is icy with other oil-consuming nations developed reason to believe that Mr. next, Mr. Speaker, fire hydrants on all to take steps towards reducing, sus- Azarmgin, Anthony, and Timothy were 747s? pending, or even eliminating assistance in Tehran, Iran. Think about it, with children starv- or arms sales to exporters engaged in In 1994, Ms. Lewis established phone ing all over the world, doggy discos are price fixing. contact with Mr. Azarmgin, but it has popping up like beagle patties. Beam The hard-working American families been irregular at best. Mr. Azarmgin is me up. not willing to return to the United deserve more than just a vacation. I yield back all the rabies and fleas States unless the charges are dropped. They deserve national leadership that that have evidently constipated the Mr. Speaker, there are 10,000 Amer- is concerned about their future rather minds of these rich canine owners who ican children just like Anthony and than the hollow rhetoric and empty have simply gone to the dogs. promises of the Clinton-Gore White Tim who have been abducted to foreign House. countries. I urge this House to con- tinue to work with me and help bring f f our children home. FIREFIGHTER INVESTMENT AND f AMERICA NEEDS ENERGY POLICY RESPONSE ENHANCEMENT ACT TO PROTECT AMERICA’S INTER- MOVE FORWARD WITH (Mr. PASCRELL asked and was given ESTS AND FAMILIES BROWNFIELDS LEGISLATION permission to address the House for 1 AND CLEAN UP COMMUNITIES (Mrs. CUBIN asked and was given minute.) permission to address the House for 1 (Mr. GARY MILLER of California Mr. PASCRELL. Mr. Speaker, I am minute and to revise and extend her re- asked and was given permission to ad- the proud sponsor of the Firefighter In- marks.) dress the House for 1 minute and to re- vestment and Response Enhancement Mrs. CUBIN. Mr. Speaker, driving is Act, better known as the Fire Bill. It vise and extend his remarks.) Mr. GARY MILLER of California. Mr. not a luxury to most Americans, it is a has almost 280 sponsors. necessity, especially in the mountain The bill will provide competitive Speaker, there are almost half a mil- West where I live where one might grants directly to over 32,000 paid, lion pieces of property in the United have to drive 100 miles to go see the part-paid, and volunteer fire depart- States that are polluted and useless be- doctor. ments across America. cause people are afraid to buy them to On April 12 of this year, we had a clean them up. Americans need their cars, and they hearing on this legislation before the We have seen these properties. Many need their cars to get to work, to Subcommittee on Oversight, Investiga- of them are fenced with chain-link or school, to church, and to the grocery tions and Emergency Management of have signs that say ‘‘hazardous mate- store. Truckers need their rigs to de- the House Committee on Transpor- rial, keep out.’’ The problem with that liver food, clothing, and other goods tation and Infrastructure. At this hear- is individuals will not buy these prop- across the Nation. ing, a colleague from across the aisle erties, because when they do, they ac- When gas prices get out of hand, it is stated that my legislation does not cept the historical problems that go more than just inconvenient, it is a have the support of the administration. along with that, and they accept the li- considerable financial problem. Truck- He challenged me to get it. Today I am ability with EPA and likely to be sued ers across the country are having their here to present the administration’s because of that. livelihoods threatened because they unwavering support of H.R. 1168 to the We need to change the law. We need cannot afford the price of fuel. Fami- House. to say that individuals and businesses lies are curbing their long-anticipated I have a letter from Jack Lew, who is can buy these properties and clean summer vacation plans. This is simply the Budget Director for the White them up and put them to a useful pur- wrong. House. This letter expresses, and I pose without being concerned about The gas prices that plague our Na- quote, ‘‘the Administration supports EPA taking them to court and suing tion represent a complete failure of the passage of the Firefighter Investment them because pollution occurred 40 energy policy or lack of energy policy, and Response Enhancement Act.’’ years ago. I should say, of the Clinton-Gore ad- We owe it to the firefighters of Amer- We have done nothing on this. We ministration. It is time for Mr. Clinton ica, Mr. Speaker, who put their lives at need to move forward rapidly with and Mr. GORE to wake up. America risk every day to save ours, to bring Brownfields legislation and help clean needs an energy policy that will pro- this legislation to the floor. It is about up our communities throughout the tect America’s interests, help our fami- time we took care of the other side of United States and help put these prop- lies and our national security.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12518 CONGRESSIONAL RECORD—HOUSE June 27, 2000 GIVE OUR SENIORS SIMPLICITY Really, there are three areas that we National Statuary Hall, and for other AND CHEAPER PRICES FOR PRE- should have been watching and three purposes, as amended. SCRIPTION DRUGS areas where we failed to take the nec- The Clerk read as follows: (Mr. WEYGAND asked and was given essary steps. We have not done what we H. CON. RES. 333 permission to address the House for 1 should have done to maintain our rela- Whereas Chief Washakie was a recognized minute.) tionships with the countries we buy oil leader of the Eastern Shoshone Tribe; Mr. WEYGAND. Mr. Speaker, 4 years from. Whereas Chief Washakie contributed to the At the same time, we have allowed settlement of the west by allowing the Or- ago Paul and Judy from Warwick, egon and Mormon Trails to pass through Rhode Island, retired hoping that they our country to become more and more dependent on those countries. Some- Shoshone lands; would have a great retirement with a Whereas Chief Washakie, with his foresight great pension. They are now spending where between 56 and 58 percent of all and wisdom, chose the path of peace for his about $8,350 a year for prescription our oil is now imported. We have done people; drugs. They want a plan that will cover everything we could during that same Whereas Chief Washakie was a great leader them under Medicare that will be sim- period of time to discourage domestic who chose his alliances with other tribes and ple, effective, and reduce the cost for supply, and we have not done anything the United States Government thoughtfully; to encourage alternative use. and them, but all seniors. Whereas in recognition of this alliance and Over the next few days, we are going Now suddenly, at the end of 7 years of no policy, the Secretary of Energy says long service to the United States Govern- to address a plan that the Republican ment, Chief Washakie was the only chief to leadership will offer that will simply we were caught napping. Well, it seems be awarded a full military funeral: Now, put more money back into the insur- to me the Secretary of Energy has been therefore, be it ance companies, provide a prescription napping a lot. Whether it was involving Resolved by the House of Representatives (the drug plan that will be nothing more our nuclear codes at Los Alamos or our Senate concurring), than another boondoggle. dependence on foreign oil, we cannot SECTION 1. ACCEPTANCE OF STATUE OF CHIEF afford to have an Energy Department WASHAKIE FROM THE PEOPLE OF We ask for simplicity. We ask for WYOMING FOR PLACEMENT IN NA- universal coverage. We ask for our sen- napping. We need to look and see what TIONAL STATUARY HALL. iors to be given cheaper prices for pre- happened at the same time we need to (a) IN GENERAL.—The statue of Chief scription drugs. do everything we can to provide relief Washakie, furnished by the people of Wyo- to the families that are being caught in ming for placement in National Statuary f this crisis right now. Hall in accordance with section 1814 of the Revised Statutes of the United States (40 ADMINISTRATION BLAMING GAS f U.S.C. 187), is accepted in the name of the COMPANIES FOR FUEL CRISIS RECESS United States, and the thanks of the Con- (Mr. BARTLETT of Maryland asked gress are tendered to the people of Wyoming and was given permission to address The SPEAKER pro tempore (Mr. for providing this commemoration of one of the House for 1 minute and to revise LAHOOD). Pursuant to clause 12 of rule Wyoming’s most eminent personages. (b) PRESENTATION CEREMONY.—The State of and extend his remarks.) I, the Chair declares the House in re- cess until 10:25 a.m. Wyoming is authorized to use the rotunda of Mr. BARTLETT of Maryland. Mr. the Capitol on September 7, 2000, at 11 Speaker, rising gas prices are a serious Accordingly (at 10 o’clock and 15 minutes a.m.), the House stood in re- o’clock ante meridian, for a presentation concern to Americans everywhere. ceremony for the statue. The Architect of The hike in fuel prices has hurt the cess until 10:25 a.m. the Capitol and the Capitol Police Board truckers who deliver our food and f shall take such action as may be necessary with respect to physical preparations and se- clothing. It has hurt our farmers who b 1025 need gas to run their farm equipment. curity for the ceremony. AFTER RECESS (c) DISPLAY IN ROTUNDA.—The statue shall It has hurt the average American who be displayed in the rotunda of the Capitol for just wants to get to and from work. The recess having expired, the House a period of not more than 6 months, after The Clinton-Gore administration has was called to order by the Speaker pro which period the statue shall be moved to its often claimed it feels the pain of the tempore (Mr. LAHOOD) at 10 o’clock and permanent location in National Statuary American people. But instead of work- 25 minutes a.m. Hall. SEC. 2. TRANSMITTAL TO GOVERNOR OF WYO- ing with OPEC to increase oil produc- f tion or moving to temporarily suspend MING. The Clerk of the House of Representatives expensive regulations, the administra- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE shall transmit a copy of this concurrent res- tion is choosing to play the blame olution to the Governor of Wyoming. game. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- The administration’s new claim is ant to clause 8 of rule XX, the Chair ant to the rule, the gentleman from that gas companies are engaging in announces that he will postpone fur- California (Mr. THOMAS) and the gen- price gouging. Gas companies are not ther proceedings today on each motion tleman from Maryland (Mr. HOYER) to blame for our fuel prices, the Clin- to suspend the rules on which a re- each will control 20 minutes. ton-Gore administration is. While they corded vote or the yeas and nays are The Chair recognizes the gentleman are focusing their efforts on shifting ordered, or on which the vote is ob- from California (Mr. THOMAS). the blame, the American people are the jected to under clause 6 of rule XX. Mr. THOMAS. Mr. Speaker, I yield ones paying the price. Any record vote on postponed ques- myself such time as I may consume. This is not price gouging, it is ‘‘price- tions will be taken after debate has As visitors move around the Capitol, Gore-ging.’’ concluded on all motions to suspend one of the most striking examples of f the rules. State representation is, in fact, the f ability of each State to send two stat- CONCERN FOR LACK OF ENERGY ues to the Capitol. It is fascinating to POLICY PLACEMENT OF STATUE OF CHIEF look at the regional and especially the (Mr. BLUNT asked and was given WASHAKIE IN NATIONAL STAT- historical differences of who States permission to address the House for 1 UARY HALL recognize as appropriate figures to me- minute and to revise and extend his re- Mr. THOMAS. Mr. Speaker, I move to morialize by statue in the Capitol. marks.) suspend the rules and agree to the con- We have before us today a resolution Mr. BLUNT. Mr. Speaker, I want to current resolution (H. Con. Res. 333) which completes the State of Wyo- join my colleagues in expressing my providing for the acceptance of a stat- ming’s decision to send two statues. I concern for a lack of an energy policy ue of Chief Washakie, presented by the think it is emblematic, the particular in the country over the last 7 years. people of Wyoming, for placement in statue that Wyoming has chosen.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12519 Mr. Speaker, I yield such time as she In the 1870s, Chief Washakie served as moved to a permanent site within the may consume to the gentlewoman from a military leader of over 150 Shoshone Capitol, as directed by the Joint Com- Wyoming (Mrs. CUBIN) to really give men who were serving with United mittee on the Library, since there is the details of the reason for the selec- States Cavalry General Crook in the not sufficient enough space in Statuary tion of this particular statue. campaign to return the Sioux and the Hall to accommodate all of the exist- Mrs. CUBIN. Mr. Speaker, I thank Cheyenne bands to their assigned res- ing collection. the gentleman from California (Mr. ervations. The concurrent resolution would also THOMAS) for yielding me this time, and This campaign ended with Custer’s authorize use of the Capitol rotunda on I also wish to thank him in his capac- ill-fated attack at the Little Big Horn Thursday, September 7, at 11 o’clock ity as the chairman of the Committee in 1876. This was an attack which Chief a.m., for a ceremony where Wyoming on House Administration for moving Washakie seriously advised Colonel will formally present the bronze statue this important piece of legislation for- Custer against doing. of Chief Washakie by the noted sculp- ward in such a timely manner, as well My own maternal great, great grand- tor Dave McGary. as the ranking member, the gentleman father migrated to Wyoming around The concurrent resolution would pro- from Maryland (Mr. HOYER). It is very 1846. He was a mountain man and a vide for the printing of an appropriate important to the people of Wyoming. trapper. He traded fur pelts with the number of copies of the transcript of I am proud to bring before the House Indians, and surely the Shoshones were the proceedings, under the direction of today this resolution to provide for the among those with whom he traded. the Joint Committee on the Library, placement of a statue of Chief When Chief Washakie died in 1900, for use by both Chambers of Congress Washakie in Statuary Hall presented some say over the age of 100, Chief and by the senators and the representa- by the people of the State of Wyoming. Washakie received a full military fu- tive from Wyoming. In 1840, Chief Washakie became the neral and burial honoring his career in Chief Washakie, as it has been noted, principal chief of the eastern Shoshone the U.S. Army. He is the only chief lived from 1798 to 1900. He was a leader tribe, a role he would fill until his who has ever been awarded such a dis- of the Shoshone tribe who united his death over 60 years later. Chief tinction. people into a significant political and Washakie was well-known as a distin- The Wind River Indian Reservation military force. Both warrior and peace- guished leader and a stately warrior in central Wyoming is the home of maker, he recognized that survival of who bravely defended the Shoshone and many Shoshone and Arapaho Indians Indian tribes in the western United their allies. He was a skilled linguist. today. Their culture and their art work States depended upon accommodation He spoke English, French and Sho- are still being passed to young genera- with migrating settlers and the United shone. tions. For this legacy, we should all be States Government. Adhering to the philosophy of mak- grateful. In 1868, he signed the Fort Bridger ing the best of what cannot be changed, On behalf of the people of Wyoming, Treaty, establishing reservation bound- Chief Washakie maintained friendly re- I am proud to put forth this legislation aries of more than three million acres lations with the United States Govern- providing a commemoration of one of around the Warm Valley area of Wyo- ment, with the settlers, and other the States’ most celebrated names, ming. American immigrants. He always Chief Washakie. Chief Washakie spoke English and placed the peace and welfare of his peo- Mr. HOYER. Mr. Speaker, I yield my- French as well as a number of other In- ple above all other concerns. Chief self such time as I may consume. dian languages, including, of course, Washakie worked tirelessly to seek the Mr. Speaker, I am pleased to join the Shoshone. He was a skilled negotiator best for his people, requesting schools, gentleman from California (Mr. THOM- who gained substantial benefits for his churches, and hospitals on Shoshone AS) and the gentlewoman from Wyo- people at a time when many other land. ming (Mrs. CUBIN), who represents Wy- tribes engaged in futile warfare with He peacefully surrendered the Green oming so well, in rising in support of the army and incoming settlers. River Valley to provide for the right- this resolution. The gentlewoman from Chief Washakie knew that peace was of-way for the Union Pacific railroad, Wyoming (Mrs. CUBIN) referred to it as better than war for his people and, as a thus helping complete the first trans- an important resolution, and that it is. result, did very well by them and was continental railroad and the settle- It may not be controversial, but it is honored until his death by them and is ment of the west. important. honored today by them and by their Mr. Speaker, as ranking minority State, Wyoming. 1030 b member of the House Administration When Chief Washakie died on Feb- As the last Chief of the Shoshone Committee and the Joint Committee ruary 23, 1900, he was accorded a full tribe, Chief Washakie successfully pre- on the Library, I am pleased to support military funeral. I am told that he is served the Wind River Mountain Range this concurrent resolution to enhance the only known Indian chief to receive for his tribe’s homeland. The Wind the National Statuary Hall collection such an honor. River Mountains are truly some of the by accepting this statue of Chief Mr. Speaker, Wyoming has exercised most magnificent mountains in the Washakie submitted by the State of its prerogative to honor Chief world. Anyone who has not seen them Wyoming. Washakie for his significant role in the needs to take a trip and look at the Each of the 50 States, Mr. Speaker, early history of the State. vast beauty. as my colleagues know, is permitted to We in this Congress, I know, are In the role of chief, Chief Washakie submit two statues for our collection, pleased to support this concurrent res- greatly contributed to the settlement which then become the property of the olution and congratulate its sponsor on of the West by allowing the Oregon and United States. This is Wyoming’s sec- her leadership and for helping to facili- the Mormon trails to pass through ond statue and brings the total number tate the presentation of the statue to Shoshone lands. When wagon trains of such statues in the Capitol to 97 the people of the United States. carrying these pioneers passed through since the law creating the collection Mr. THOMAS. Mr. Speaker, I reserve the Shoshone territory in the 1850s, was enacted in 1864. the balance of my time. Chief Washakie and his people aided Mr. Speaker, Congress has usually Mr. HOYER. Mr. Speaker, I yield 2 overland travelers in fording the adopted concurrent resolutions such as minutes to my friend, the gentleman streams and recovering stray animals. the one before us today upon the ar- from Ohio (Mr. TRAFICANT). I think that it is interesting to note rival of a new statue for the collection Mr. TRAFICANT. Mr. Speaker, I that over 9,000 emigrants signed a from a State. H. Con. Res. 333 provides thank my very good friend for yielding thank-you document to Chief Washakie that the statue of Chief Washakie will me the time. and his people for safe passage through be displayed for not to exceed 6 months Mr. Speaker, I just want to rise to their territory. in the Capitol rotunda. It will then be compliment the gentlewoman from

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Wyoming (Mrs. CUBIN) for the fine job tion offered by the gentleman from moved to Notre Dame to teach; and she has done. The Native American In- California (Mr. THOMAS) that the House then at the age of 35, in 1952, became dians and that whole story in this suspend the rules and agree to the con- the 15th president of the University of country is a tragic scar on our history, current resolution, H. Con. Res. 333, as Notre Dame and held that position and I believe her efforts are indicative amended. until 1987, shaping in a significant way of the feelings and the spirit of the peo- The question was taken; and (two- the current position of the University ple of Wyoming and are well appre- thirds having voted in favor thereof) of Notre Dame. ciated here and are absolutely nec- the rules were suspended and the con- Based upon additional activities, essary. current resolution, as amended, was along with this very short biography, It is good to see that we honor those agreed to. which my friend the gentleman from who at times were dishonored in a Na- A motion to reconsider was laid on Indiana (Mr. ROEMER) will elaborate tion that now respects the greatness of the table. on, it is absolutely appropriate that we the action they had taken. So I want to f authorize the use of the rotunda to compliment my good friend, who is one present the Congressional Gold Medal of the Democratic Party’s finer lead- GENERAL LEAVE to a religious scholar, a scholar, an ad- ers, that is the gentleman from Mary- Mr. THOMAS. Mr. Speaker, I ask ministrator, and someone who has land (Mr. HOYER); and I want to com- unanimous consent that all Members made a significant impact not just on pliment the gentleman from California may have 5 legislative days within students, not just on faculty, not just (Mr. THOMAS) for giving the oppor- which to revise and extend their re- on Catholics, not just on the United tunity for the gentlewoman from Wyo- marks and to include extraneous mate- States, but upon the world. ming (Mrs. CUBIN) to bring her legisla- rial on H. Con. Res. 333, as amended. Mr. Speaker, I reserve the balance of tion to the floor. I am honored to sup- The SPEAKER pro tempore. Is there my time. port it. objection to the request of the gen- Mr. HOYER. Mr. Speaker, I yield my- Mr. HOYER. Mr. Speaker, I yield my- tleman from California? self such time as I may consume. self such time as I may consume. There was no objection. Mr. Speaker, I thank the chairman of Mr. Speaker, in closing, a distin- our committee, the gentleman from guished son of Wyoming, Mike Sul- f California (Mr. THOMAS) for facilitating livan, now an ambassador, is quoted on PERMITTING USE OF ROTUNDA OF this resolution moving forward. this very impressive brochure related CAPITOL FOR PRESENTATION I particularly want to commend my to the Chief Washakie sculpture CEREMONY OF CONGRESSIONAL colleague, the gentleman from Indiana project. I think he says it well: GOLD MEDAL TO FATHER THEO- (Mr. ROEMER), for sponsoring this reso- ‘‘Washakie is a model for leaders DORE HESBURGH lution and for all his hard work in get- across the generations.’’ How appropriate it is to have a stat- Mr. THOMAS. Mr. Speaker, I move to ting this body to pass legislation giv- ue representing the State of Wyoming, suspend the rules and agree to the con- ing the Congressional Gold Medal to representing Native Americans, and current resolution (H. Con. Res. 344) Father Theodore Hesburgh, the Presi- representing the kind of country that permitting the use of the rotunda of dent Emeritus of the University of does and should honor a leader across the Capitol for a ceremony to present Notre Dame. the generations. the Congressional Gold Medal to Fa- I leaned over to my colleague, the Mr. Speaker, I yield back the balance ther Theodore Hesburgh, as amended. gentleman from Indiana (Mr. ROEMER), of my time. The Clerk read as follows: and said that when we talked about Mr. THOMAS. Mr. Speaker, I yield H. CON. RES. 344 him being a doctor or this, that, or the myself such time as I may consume. Resolved by the House of Representatives (the other, that really what he was was a Mr. Speaker, I want to thank the Senate concurring), That the rotunda of the parish writ large, not just for the gentleman from Maryland (Mr. HOYER) Capitol is authorized to be used on July 13, United States but all the world. for his comments. 2000, for a ceremony to present the Congres- The gentleman from Indiana (Mr. He was indeed an impressive histor- sional Gold Medal to Father Theodore ROEMER) I know is extraordinarily ical figure. The purpose in allowing Hesburgh. Physical preparations for the proud that his district is the home of States to send statues is to illustrate ceremony shall be carried out in accordance Notre Dame, one of our Nation’s great the diversity of the historical figures with such conditions as the Architect of the academic institutions. Whether it is in Capitol may prescribe. that by adding up the statues of the the classroom, the laboratory, or the States give us an even better under- The SPEAKER pro tempore. Pursu- athletic fields, Notre Dame is right- standing of the history of the United ant to the rule, the gentleman from fully known for producing extraor- States. California (Mr. THOMAS) and the gen- dinary leaders, including, I might say, It is not by accident that the other tleman from Maryland (Mr. HOYER) our colleague, the gentleman from In- statue from the State of Wyoming is a each will control 20 minutes. diana (Mr. ROEMER), who received both statue of Esther Hobart Morris, who The Chair recognizes the gentleman his masters and his Ph.D. at that was a suffragette, who was the first from California (Mr. THOMAS). school. woman governor anywhere in the Mr. THOMAS. Mr. Speaker, I yield I was, as all of us were, pleased to United States, and who pushed the leg- myself such time as I may consume. support the legislation granting Father islation that made Wyoming the first Mr. Speaker, as was indicated, this is Hesburgh a Congressional Gold Medal. State in the Union to afford the full a resolution to use the rotunda of the I am honored to rise today in support voting privileges to women. Capitol for the ceremony of awarding a of H. Con. Res. 344, which will grant use So this impressive statue, and my Congressional Gold Medal to Father of the Capitol rotunda on July 13, 2000, understanding is that Chief Washakie Theodore Hesburgh. for the presentation ceremony. is going to be more than 12-feet tall in Dr. Hesburgh’s history is truly an im- b 1045 full Indian headdress with a spear, it pressive one, especially when we look will be a focal point on the tours given at the rapidity with which he moved to The Congressional Gold Medal is the to the Capitol visitors and they will be the presidency of one of the more dis- highest honor, Mr. Speaker, that Con- able to visit a portion of our history, tinguished private religious and sec- gress can give to a private citizen of all Americans’ history, presented to us ular universities in the United States, this Nation. We have given them to the by the State of Wyoming. the University of Notre Dame. heroes of our history, those who have Mr. Speaker, I yield back the balance He received his ordination as a priest displayed uncommon valor on the field of my time. in 1943; studied here at the Catholic of battle, courage in the pursuit of civil The SPEAKER pro tempore (Mr. University of America in Washington, rights and insight in the quest of LAHOOD). The question is on the mo- D.C., receiving his doctorate in 1945; knowledge. Last October, Congress

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12521 gave the Congressional Gold Medal to Father Hesburgh is a wonderful, mag- unanimous consent and signed into law Father Hesburgh. We now will provide nificent example of a good man who by President Clinton on December 9, for the awarding of that medal. rose up and did great things. He how- 1999. For 35 years, Father Hesburgh guided ever, was a humble person, walking This bipartisan measure recognizes one of our country’s finest universities, closely with his God. I can think of no Father Hesburgh’s countless and en- through a period of unparalleled person for whom the honor is more ap- during contributions to the United growth. I spoke at the beginning about propriate. States and the global community. the excellence of Notre Dame, not just Mr. Speaker, I urge my colleagues, as Father Hesburgh’s remarkable record on the athletic field but in the class- I know they will, to unanimously sup- of public service is as distinguished as room and in the community. In large port this resolution. his contributions are numerous. Over measure, it is because of the extraor- Mr. Speaker, I yield 6 minutes to the the years, he has held 15 Presidential dinary people that have led Notre distinguished gentleman from Indiana appointments and remained a national Dame, none of them more extraor- (Mr. ROEMER). leader in education, civil rights, and in dinary than Father Hesburgh. Mr. ROEMER. Mr. Speaker, I thank social justice issues in the Third World. When he stepped down from the Uni- my good friend from Maryland (Mr. Highlighting a long list of awards re- versity’s presidency in 1987, his tenure HOYER) for his very articulate com- ceived by Father Hesburgh is a Presi- was the longest among active Amer- ments about Father Hesburgh and for dential Medal of Freedom, our Nation’s ican college and university presidents. his overly generous comments about highest civilian honor, bestowed on During his years as president of Notre me. him by President Johnson in 1964. Dame, Father Hesburgh used his lead- Mr. Speaker, I want to also thank Equal justice has been the primary ership to seek the advancement of civil the gentleman from California (Mr. focus of Father Hesburgh’s pursuits. He rights, peace and justice around the THOMAS) for his hard work and help on was a charter member of the U.S. Com- world. He has held 15 presidential ap- this resolution. I would also like to mission on Civil Rights, and later, its pointments, confronting such diverse thank the Republican and Democratic chairman. Father Hesburgh passion- issues as the peaceful use of atomic en- leadership for their help and assistance ately supported the civil rights move- ergy, campus unrest, immigration re- in passing this Gold Medal to Father ment and was dismissed from the com- form and Third World development. Hesburgh, and I want to pick out a cou- mission when he criticized the admin- Throughout these efforts, Mr. Speak- ple of individual Members of Congress istration for not fully implementing its er, Father Hesburgh maintained an un- on the Democratic and Republican side recommendations. wavering commitment to fairness, who helped gather the cosponsors, the Father Hesburgh was the longest equality and justice. In 1964 when gentleman from Indiana (Mr. VIS- serving active president of an institu- President Johnson awarded the Medal CLOSKY), the gentleman from New York tion of higher learning when he retired of Freedom to Father Hesburgh, he (Mr. KING), the gentleman from Indi- from the University of Notre Dame in could have sat back and rested on his ana (Mr. SOUDER), the gentleman from 1987. He continues, he continues, Mr. laurels as one of the most respected Georgia (Mr. LEWIS), the gentlewoman Speaker, in retirement as a leading ed- leaders of our Nation. He could have; from Kentucky (Mrs. NORTHUP), all ucator, a leading humanitarian, and in- but, of course, we know he did not. were very, very helpful. Senator BAYH spiring generations of students and Rather he used his mantle of respect to and Senator LUGAR on the Senate side citizens to serve their country while fight for those whose voices are not al- in helping us get the needed cosponsors sharing his wisdom and vision for the ways heard, whose issues are not al- to pass this very important resolution. rights of man. ways respected, and whose needs are Mr. Speaker, I rise in strong support Father Hesburgh has served his Na- not always met. of H. Con. Res. 344 to authorize the use tion well, not only on matters of civil In those pursuits, he served not only of the U.S. Capitol rotunda for the rights here and abroad, but he has his country, but most importantly, I ceremony in which the President will fought against unemployment, fought am sure, to him, his God, and his faith. present Father Theodore M. Hesburgh against poverty, fought against hun- There is not enough time in this debate with the Congressional Gold Medal. I ger, and in support of better agri- to review all the good work that Fa- am deeply grateful to the leadership culture for developing nations so that ther Hesburgh has done in his life, but that has called up this resolution and they can feed their people. let me review just a few highlights. recognizes that the use of the rotunda In a recent speech, the United Na- He sought to bridge America’s racial for this occasion is a fitting tribute to tions Secretary Kofi Annan said that divide as chairperson of the Commis- one of America’s most distinguished there are one in five of the population sion on Civil Rights from 1969 to 1972. educators and humanitarians. in the world today that does not have He fought for the interests of the un- Mr. Speaker, I would also like to access to safe drinking water. Kofi derdeveloped nations as chair of the take just a quick minute to salute the Annan went on to say one out of every Overseas Development Council for 11 University of Notre Dame for its excel- five people in the world lives on less years. He helped heal the scars of the lence in research and its faculty, for its than a dollar per day. Vietnam War with his service as a commitment by its student body, Father Hesburgh continues to make member of President’s Ford’s Presi- where 10 percent of its student body these people his highest priority, the dential Clemency Board. that just graduated will go into vol- hungry and the thirsty. Father He worked to promote peace by orga- untary service throughout the world, Hesburgh is beloved by all who have nizing a meeting of world class sci- not just America, to help the hungry, known him. I am personally grateful to entists from both sides of the Iron Cur- to help the poor, to help the thirsty Father Hesburgh for his friendship and tain urging the elimination of nuclear and to put a lot of emphasis on social guidance, starting with my years as a weapons. justice. student at the University of Notre After the meeting, he organized a I want to thank the Holy Cross Order Dame. I firmly believe that this resolu- convention of religious leaders who en- that helps Father Hesburgh and Father tion to use the Rotunda for presenting dorsed the views of the scientists. In Malloy, now the president of the uni- the Congressional Gold Medal to Fa- addition, Mr. Speaker, to his honors, versity. ther Hesburgh is entirely an appro- which include the Franklin Roosevelt Last year, more than two-thirds of priate tribute to one of America’s Four Freedoms Medal, the Distin- the U.S. House of Representatives co- greatest citizens and champions of guished Peace Leader Award and the sponsored my bill to award the Gold human rights. National Service Lifetime Award, Fa- Medal to Father Hesburgh. The com- Mr. Speaker, I strongly encourage ther Hesburgh has received 135 hon- panion bill was also cosponsored by my colleagues to support the resolu- orary degrees, the most ever awarded more than two-thirds of the U.S. Sen- tion and, again, express my deep grati- to any American. ate. The legislation was passed with tude to the gentleman from California

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12522 CONGRESSIONAL RECORD—HOUSE June 27, 2000 (Mr. THOMAS), to the gentleman from Having heard these words about Fa- Country, Notre Dame;’’ and furthered the inter- Maryland (Mr. HOYER), to the leader- ther Hesburgh, this is simply an intro- est of several Notre Dame academic institutes. ship of both sides in this bipartisan duction and an invitation to join in the Moreover, Father Hesburgh chairs the advi- tribute to be considered on the House Rotunda in the presentation of that sory committee for the Kellogg Institute for floor today. I thank both gentlemen for Congressional Gold Medal. International Studies and the Hesburgh Center the 6 minutes of time to talk about Fa- Mr. GILMAN. Mr. Speaker, I am pleased to for International Studies, which was named in ther Hesburgh’s lifetime of accomplish- support this legislation, which authorizes the his honor. ments. use of the Capitol rotunda on July 13, 2000 for Numerous awards reflect all of these Mr. HOYER. Reclaiming my time, I a ceremony to present the Congressional Gold achievements. In 1964, President Lyndon want to again thank the gentleman Medal to Father Theodore M. Hesburgh. Johnson awarded him the Medal of Freedom. from Indiana (Mr. ROEMER), a distin- We look forward to honoring Father Other awards include the Franklin D. Roo- guished graduate of an institution that Hesburgh for his many achievements in such sevelt Four Freedoms Medal for Worship, the was led so ably and whose service to areas as education and international and Distinguished Peace Leader Award, and the this country, not only leading Notre peace studies. This remarkable leader has not National Service Lifetime Achievement Award. Dame but service to this country, is so only served our nation’s presidents but has Mr. Speaker I urge our colleagues to join in deserving of recognition, which the also served a 35 year tenure as President of supporting this legislation to recognize Father gentleman from Indiana (Mr. ROEMER) the University of Notre Dame and has dem- Hesburgh’s many accomplishments as well as has assured will happen. I congratulate onstrated his leadership in a number of inter- his honorable life dedicated to noble causes. the gentleman for his leadership. national organizations. The list of his accom- Mr. SOUDER. Mr. Speaker, I rise today to Mr. Speaker, I yield 2 minutes to the plishments reflects his devotion to many note- express my strong support for the resolution gentleman from Ohio (Mr. TRAFICANT). worthy and noble causes. authorizing the use of the Capitol rotunda for Mr. TRAFICANT. Mr. Speaker, I did Father Hesburgh was born in Syracuse, a ceremony to present the Congressional Gold not plan to speak on this issue, I will N.Y. on May 25, 1917, the son of Anne Mur- Medal to Father Theodore Hesburgh, Presi- be brief. As an athlete, I played against phy Hesburgh and Theodore Bernard dent Emeritus of the University of Notre Notre Dame. I think it is fitting that Hesburgh. Dame. I also want to thank my colleague from the Congressional Gold Medal be Educated at Notre Dame and the Gregorian Indiana, TIM ROEMER, for his leadership in the awarded to this great American. University in Rome, Father Hesburgh received effort to bestow this honor on Fr. Hesburgh. I want to commend the gentleman a bachelor of philosophy degree in 1939. In As a graduate of the University of Notre Dame, I have long admired Father Hesburgh’s from Indiana (Mr. ROEMER) and I know 1943 he was ordained a priest of the Con- commitment to excellence in higher education the gentleman from Indiana (Mr. VIS- gregation of Holy Cross. He received his doc- and his extraordinary leadership in the cause CLOSKY) is not here, a great Notre torate at the Catholic University of America in of civil rights. I was happy to cosponsor the Dame fan as well, but I think as we Washington, DC, and he joined the Notre legislation last fall to present him with this dis- think about the Congressional Gold Dame Department of Religion in 1945. In tinguished award. Medal, the world will always think 1948, he was appointed head of the depart- Under Father Hesburgh’s stewardship as about Father Hesburgh every time ment and also served as chaplain to World Notre Dame’s president from 1952 to 1987, they see that golden dome on the tele- War II veterans on campus. When he was 35, Notre Dame established itself as a top aca- vision screen and the tenacity and the in 1952, Notre Dame named him their 15th demic institution while maintaining its standing spirit of Notre Dame, much of it has president, and he retired on June 1, 1987. as a leading Catholic university. Fr. been imbued, developed by Father In addition to his accomplishments at Notre Hesburgh’s greatest challenge was to dem- Hesburgh. I think his fingerprints rest Dame, Father Hesburgh’s list of appointments onstrate that it was possible to achieve promi- on the university of such great ac- and public service demonstrates a life-time of nence in both arenas and he succeeded, cre- claim. It is known throughout the promoting peace, justice, civil and human ating a model for other Catholic institutions of world. rights, and education. He has held 15 Presi- higher learning across the country. Mr. Speaker, I say to the gentleman dential appointments in such fields as civil One of Father Hesburgh’s most enduring from Indiana (Mr. ROEMER), this is very rights, peaceful uses of atomic energy, and contributions to the Nation as a whole is his fitting, so I want to thank the Repub- Third World development. He chaired the U.S. commitment to the pursuit of civil rights for all lican leadership, the gentleman from Commission on Civil Rights from 1969–1972. Americans. As a member of the U.S. Commis- California (Mr. THOMAS), the gen- Between 1979–1981, he chaired the Select sion on Civil Rights for 15 years, three of them tleman from Maryland (Mr. HOYER), Commission on Immigration and Refugee Pol- as its chairman, Fr. Hesburgh was instru- our ranking member, I believe this is icy, and its recommendations became the mental in the movement that culminated in the most fitting. I am just honored to be a groundwork for Congressional reform legisla- enactment of the Civil Rights Act of 1964. His part, to be able to say that I had a vote tion 5 years later. legacy of leadership in the cause of civil rights in this Congressional Gold Medal He has also served four Popes, and from and other issues of moral imperative has award. 1956–1970 he was Vatican City’s representa- served as an example for America and, in- Mr. HOYER. Mr. Speaker, I yield tive to the International Atomic Energy Agency deed, the world. back the balance of my time. in Vienna. In 1968, Pope Paul IV appointed Mr. Speaker, in light of these and all of Fa- Mr. THOMAS. Mr. Speaker, I yield him head of the Vatican representatives at- ther Hesburgh’s many contributions in service myself such time as I may consume. tending the 20th anniversary of the UN’s to our Nation, I wholeheartedly support this Mr. Speaker, lest anyone think that human rights declaration in Teheran, Iran. resolution. although this is being presented in a In the field of education, Father Hesburgh Mr. THOMAS. Mr. Speaker, I yield bipartisan way, that it is purely a par- has served on a number of commissions and back the balance of my time. tisan interest in Notre Dame. I really study groups that have analyzed issues such The SPEAKER pro tempore (Mr. would be remiss if I did not mention as public funding of independent colleges and LAHOOD). The question is on the mo- that there are a number of Republicans universities and the purpose of foreign lan- tion offered by the gentleman from who have attended and indeed grad- guages and international studies in higher California (Mr. THOMAS) that the House uated from Notre Dame, and one that I education. His dedication has earned him 135 suspend the rules and agree to the con- know is no greater Irish hunk than our honorary degrees. current resolution, H. Con. Res. 344, as former colleague Dan Lungren from After retiring as president of Notre Dame, amended. California, who not only bleeds green Father Hesburgh has continued to promote The question was taken; and (two- and gold, but would occasionally wear important causes and, as President Emeritus, thirds having voted in favor thereof) green and gold on the floor of the to work for his university’s future. He has con- the rules were suspended and the con- House, especially after a much-needed tinued to participate in international organiza- current resolution, as amended, was win over the University of Southern tions; he has traveled the world as a distin- agreed. California in the annual football con- guished speaker; written numerous articles, A motion to reconsider was laid on test. books as well as his autobiography, ‘‘God, the table.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12523 GENERAL LEAVE vada, New Hampshire, New Mexico, Oregon, terest on the initial lien, sending them South Carolina, South Dakota, Tennessee, Mr. THOMAS. Mr. Speaker, I ask deeper and deeper into debt. These and Utah; and rates can often be as much as 300 per- unanimous consent that all Members Whereas this problem has the potential to may have 5 legislative days within cent, and, in some cases, even higher. spread to other States that currently do not Take, for example, the blight of a which to revise and extend their re- closely regulate the title loan and title pawn Miami, Florida, resident whom I will marks and include extraneous material industry: Now, therefore, be it Resolved by the House of Representatives (the simply call John. As reported in the on H. Con. Res. 344, as amended, the Miami Herald, John, in need of cash to concurrent resolution just agreed to. Senate concurring), That it is the sense of Congress that the Federal Government and pay bills, borrowed $1,000, using the The SPEAKER pro tempore. Is there the States should— spare keys of his car as collateral. Not objection to the request of the gen- (1) engage in greater oversight of title loan fully aware of the terms of the loan, he tleman from California? and title pawn transactions; was quickly incapable of making the There was no objection. (2) work cooperatively to address the prob- monthly interest-only payments of $220 lem of abuses in title loan and title pawn f and subsequently took out additional transactions through effective legislation at loans just to pay the interest on the SENSE OF CONGRESS THAT both the Federal and State level, as nec- essary, including by prohibiting title pawn initial loan. This amounts to an annual STATES SHOULD MORE CLOSELY rate of nearly 350 percent. Now knee- REGULATE TITLE PAWN TRANS- transactions and prohibiting usurious inter- est rates in title loan transactions; and deep in debt and fearful that any day ACTIONS AND OUTLAW IMPOSI- (3) ensure that any Federal legislative ef- his car would be repossessed, which TION OF USURIOUS INTEREST fort preserves the ability of the States to would likely cost him his job, John RATES ON TITLE LOANS TO CON- enact stronger protections for consumers struggled to pay back what amounted SUMERS with respect to such transactions. to three times his initial loan. He even- Mrs. ROUKEMA. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- tually ended up destitute and in a to suspend the rules and agree to the ant to the rule, the gentlewoman from homeless shelter. Unfortunately, this concurrent resolution (H. Con. Res. 312) New Jersey (Mrs. ROUKEMA) and the one example is not uncommon and re- expressing the sense of the Congress gentleman from Pennsylvania (Mr. flects the cases of far too many Ameri- that the States should more closely MASCARA) each will control 20 minutes. cans who have found themselves regulate title pawn transactions and The Chair recognizes the gentle- trapped in an ever-worsening cycle of outlaw the imposition of usurious in- woman from New Jersey (Mrs. ROU- debt because of the title loan industry. terest rates on title loans to con- KEMA). As this industry spreads across this sumers, as amended. Mrs. ROUKEMA. Mr. Speaker, I yield country, more and more States are The Clerk read as follows: myself such time as I may consume. taking action to eliminate this type of Mr. Speaker, as chair of the Sub- H. CON. RES. 312 institutional usury. Just last month, in committee on Financial Institutions my home State, Florida, Governor Jeb Whereas title loan lenders make title loans and Consumer Credit of the Committee and title pawns to consumers by attaining Bush signed into law legislation lim- the consumer’s automobile title as collat- on Banking and Financial Services, I iting the outrageous rates that loan eral; bring this to the floor, but I want to companies in Florida had been charg- Whereas these loans and pawns are often expressly thank and recognize the gen- ing and limited it to 30 percent. offered at unscrupulously high rates of inter- tleman from Florida (Mr. SHAW), who Nationwide recognition of this prob- est; is the original author of this concur- lem is needed. However, title loan com- Whereas in many cases borrowers are rent resolution, and has brought before panies can circumvent prohibitions im- forced to pay interest rates of up to 300 per- us the increasing awareness of the posed by individual States by crossing cent per year; usury problems associated with title State lines and filing the proper paper- Whereas many of these borrowers are un- aware of applicable rates and are forced into pawn and title loan industry. work in a State that has yet to regu- late this industry. The result is that deeper and deeper debt to pay the initial b 1100 lien; loan companies continue to spread like Whereas this industry takes advantage of The resolution expresses the sense of wildfire in States which are unregu- uneducated and poor consumers through usu- Congress that the Federal Government lated, and more and more people find rious and exploitive lending practices; and the States should work together themselves swimming in outrageous Whereas title loans and title pawns threat- cooperatively to outlaw title pawn debt. This problem will persist until en the ability of consumers to hold a job transactions and the imposition of ex- elected officials make the protection of since default on the loan or pawn will result cessive interest rates. their constituents a priority and rein in repossession and sale of their car, which is Mr. Speaker, I yield such time as he in this fringe industry. often their only means of transportation to may consume to the gentleman from and from work; Mr. Speaker, passage of this resolu- Whereas this industry is expanding rapidly Florida (Mr. SHAW), the author of the tion will put those who engage in this throughout the United States; resolution. type of legal loan-sharking on notice Whereas both the Federal Government and Mr. SHAW. Mr. Speaker, I thank the that such predatory lending practices States have traditionally acted within their gentlewoman for yielding me this time. will no longer be tolerated. Although a respective jurisdictions to protect citizens Mr. Speaker, House Concurrent Reso- number of States like Florida have from usurious lending and abusive credit lution 312 puts this Congress on record stopped the title loan industry in its practices; as opposing the predatory and unscru- tracks, much remains to be done and Whereas the spread of abusive lending pulous lending practices of the title Congress may need to play a role. practices, including those often char- loan industry. As many of my col- acteristic of title loan and title pawn trans- While respecting the rights of the actions, have recently resulted in heightened leagues are aware, abuse by the title States to improve upon existing con- Federal interest, at the congressional, execu- loan industry is an ever-increasing sumer protection laws, H. Con. Res. 312 tive, and regulatory levels, in curbing preda- problem all across America. These makes it clear that, if necessary, Con- tory lending practices; fringe banking services offer short- gress will take appropriate action to Whereas, as the result of extensive field term loans to people unable to borrow combat predatory lending practices. hearings, a task force established by the Sec- from traditional lending institutions, Mr. Speaker, H. Con. Res. 312 puts retary of the Treasury and the Secretary of taking the consumer’s car, title and Congress on record as condemning the Housing and Urban Development has just un- spare keys as collateral. practice of legal loan-sharking and op- derscored the need for Federal legislation to The interest rate on these loans curb predatory lending; posing usury and unfair lending prac- Whereas the title loan and title pawn which are usually not adequately dis- tices. I urge my colleagues to take this transaction problem is particularly acute in closed to the borrower are so exorbi- opportunity to express their concern Alabama, Georgia, Idaho, Illinois, Min- tant that debtors frequently must take for the consumer rights of their con- nesota, Mississippi, Missouri, Montana, Ne- out additional loans just to pay the in- stituents and support this resolution.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12524 CONGRESSIONAL RECORD—HOUSE June 27, 2000 This resolution goes to protect the As is the case for most Americans, key. With respect to the abuses in the most vulnerable in our society from these consumers depend on their auto- title pawn transactions and the title some of the most unscrupulous prac- mobiles and trucks for transportation loans and the lack of meaningful regu- tices in our society. to their jobs, vital medical appoint- lation of this area in some States, the Mr. MASCARA. Mr. Speaker, I yield ments, and school for their children. So cooperation, as outlined and required myself such time as I may consume. the loss of a vehicle through an unfair in this concurrent resolution, H. Con. Mr. Speaker, today, the House takes foreclosure often results in the loss of Res. 312, is absolutely necessary. A up a bipartisan resolution, H. Con. Res. a job or other serious consequences. consistent set of rules must be applied 312, that, with the cooperation of its Mr. Speaker, it is incumbent upon and consumers should not be taken ad- sponsor, the gentleman from Florida both Congress and the States to act co- vantage of because of weak laws or reg- (Mr. SHAW), we amend it in a way that operatively with their respective juris- ulations in a particular State. I can support. This resolution, as dictions to curb predatory lending Mr. Speaker, again, I want to thank amended, expresses the sense of Con- practices. The abuses in the title pawn the gentleman from Florida (Mr. SHAW) gress that the Federal Government and and title loan industry are just one of for his leadership on this issue. the States should work together to bet- the areas which merit immediate and Mr. MCCOLLUM. Mr. Speaker, I support H. ter oversee abuses and unscrupulous aggressive legislative action. The Con- Con. Res. 312, expressing the sense of the practices of title loan and title pawn gress must take action to curb the Congress that the States should more closely lenders and that both levels of govern- abuses in the title pawn and title loan regulate title pawn transactions and outlaw the ment should address the problem with industry. As the Clinton administra- imposition of usurious interest rates on title effective legislation, where necessary. tion’s Task Force on Predatory Lend- loans to consumers. The resolution also urges that any ing recently urged in its report, Con- As a Floridian, I am acutely aware of the Federal effort in this area should pre- gress should enact new legislation in struggles in which the citizens of Florida have serve the ability of the States to enact the title pawn and title loan industry. engaged in order to rein in unscrupulous prac- stronger consumer protection in this Congress should begin to do that forth- tices and usurious interest rates on title loans. area. In fact, the State of Florida re- with. I am pleased that the culmination of these ef- cently enacted legislation sponsored by The joint HUD-Treasury Task Force forts has lead to wise and judicious legislation. State Assemblyman Kendrick Meek of also urged Congress to amend existing I praise the Floridian approach of title lending Miami whose mother, the gentlewoman laws to give borrowers more timely and because it weighs both the importance of from Florida (Mrs. MEEK), represents more precise information regarding the curbing the abuses that too often surround title the 17th District of Florida and is a co- cost and terms of loans. I am hopeful loan transactions against the importance of sponsor of this resolution. that we can work in a bipartisan fash- providing otherwise ‘‘un-lendable’’ borrowers Mr. Speaker, I am pleased to support with access to credit. This emergency credit this resolution which puts the Congress ion to enact legislation that will wipe out predatory lending practices, re- can keep a small businessman from going on record as urging State and Federal under, or cover immediate needs at the end of action to address the devastating con- gardless of where and how they occur. Mr. Speaker, I reserve the balance of the month. sequences to consumers of the preda- Starting October 1, 2000, the Florida De- my time. tory practices of title loan and title partment of Banking and Finance will begin to Mrs. ROUKEMA. Mr. Speaker, I yield pawn lenders. license and regulate title lenders in the state myself such time as I may consume. Our Nation is progressively being of Florida. Among initial changes will be an This resolution expresses the sense of the segmented into two separate, unequal, annual interest rate cap of 30%. Other im- Congress that the Federal government and financial service systems: one serving provements include empowering the Depart- the States should work together cooperatively middle- and upper-income individuals ment of Banking and Finance to impose fines to outlaw title pawn transactions and the impo- through mainstream financial institu- and promulgate rules. For worst case offend- sition of excessive interest rates on title loans. tions, and another serving lower-in- ers, the Florida legislation establishes criminal come households through check- In these types of transactions, the business penalties. cashers and pawnshops. This resolution takes the consumer’s automobile title as col- Furthermore, the Florida legislation does not sends the right message that Congress lateral, often as part of a very small pawn preclude local governments in the state of and the States, as appropriate, must transaction or title loan. Abuses in title loans Florida from enacting more stringent restric- take action to protect the vulnerable and title pawn transactions often include ex- tion. I firmly believe that democracy is best segment of the population who are cessively high interest rates and other served when state and local governments can preyed upon by unscrupulous lenders. exploitive lending practices. exercise their informed judgement to serve In many parts of our country, we are I want to note, in light of what the their citizens. This Sense of the Congress reit- seeing the growth of title loan and title gentleman from Pennsylvania (Mr. erates my concern both for the abuses that pawn lenders as yet another class of MASCARA) has stated and certainly have dogged title lending throughout several fringe lenders who take advantage of what the author of this amendment has states across the nation, but also my sincere the lower-income consumers strapped stated, I want to note that as the wish that states will take up this issue in their for cash. Through deceptive practices, chairwoman of the Subcommittee on home legislative chambers. title pawnshops and other title lenders Financial Institutions and Consumer I look forward to casting my vote for this ex- too often lure unwary consumers into Credit, I want to make the point that cellent legislation, sponsored by fellow Flo- using the title to their automobile and we, on the committee, are continuing ridian, CLAY SHAW, and I encourage my col- trucks as security for loans equal to a to study predatory lending. The Com- leagues from all 50 states to do the same. fraction of the value of the vehicle. mittee on Banking and Financial Serv- Mr. SMITH of Michigan. Mr. Speaker, H. Such loans typically carry interest ices recently held a hearing on this Con. Res. 312 calls on states to more closely rates in triple digits, often around 300 very subject, and while title loan and regulate certain types of loans and establish percent on an annual basis. At such a title pawn transactions are certainly a ceilings on the rates of interest that can be high interest rate, many of these bor- component of the practices that are charged for them. I oppose H. Con., Res. 312 rowers are unable to pay off their loan considered predatory, we are also con- for two reasons. and their vehicles are repossessed. sidering what regulatory or legislative The first is that regulation of lending mar- When these loans are structured as a changes might be needed on a broader kets, especially the establishment of ceilings title pawn transaction, the title pawn scale; and I think our colleague from on interest rates, can harm those who most broker sells the automobile and retains Pennsylvania has referenced that pos- need access to them. None of us can help but transfer to the pawn broker. The con- sibility. be appalled by unscrupulous lenders who take sumer loses all of his or her equity in Clearly, cooperation among the Fed- advantage of needy borrowers. However, the the automobile and typically has little eral and State governments and Fed- regulations encouraged by this resolution or no recourse to regain the auto- eral and State regulators and the fi- would most likely reduce the number and mobile. nancial services industry is critical and availability of lenders.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12525 As a member of the Michigan legislature, I Whereas the motto helps promote positive like to thank the gentleman from Ohio remember that we attempted to ‘‘help’’ people values and citizenship in the youth of Ohio; (Mr. OXLEY), who will be speaking in a similar manner by restricting lending prac- Whereas several States or territories and shortly, for introducing this legisla- the United States have mottoes or seals tion. tices and interest rates to what we consider a making explicit reference to God or Provi- ‘‘fair’’ rate. The result wasn’t that interest rates dence; ‘‘With God, all things are possible.’’ were lowered. Instead, the borrowers came to Whereas the Declaration of Independence Those are the offending words, words us and asked us to remove the restrictions be- and the constitutions or preambles of 45 that the Sixth Circuit Court of Ap- cause they couldn’t get loans any more. Mr. States make explicit reference to a divine peals, in a 2 to 1 vote, held to be uncon- Speaker where there is competition, rates of power; stitutional because, according to the interest are best left to the marketplace rather Whereas since 1864, United States coins majority judges, they constitute a gov- than to the notions of politicians. have borne the motto ‘‘In God We Trust’’, ernment endorsement of religion. Second, I find it odd that we in Washington which Congress made mandatory on all gold Mr. Speaker, 41 years ago the State and silver coins in 1908 (35 Stat. 164, Chap. need to tell the states how they should handle 173) and on all United States coins and cur- of Ohio was looking for a new motto, what are traditionally local measures. We cer- rency in 1955 (69 Stat. 290, Chap. 303); one that expressed both the unbending tainly have no greater understanding of these Whereas in 1956, Congress declared the na- optimism and quiet humility of the issues than our counterparts at the state level. tional motto of the United States to be ‘‘In people of our State. A 10-year-old Mrs. ROUKEMA. Mr. Speaker, I yield God we trust’’ (70 Stat. 732, Chap. 795); and schoolboy submitted his choice, a pas- back the balance of my time. Whereas Members of Congress take an oath sage that said simply, with God, all Mr. MASCARA. Mr. Speaker, I yield to uphold the Constitution and vigilantly do things are possible. The selection was back the balance of my time. so in the performance of their legislative du- easy; and in 1959, the new Ohio motto The SPEAKER pro tempore (Mr. ties: Now, therefore, be it Resolved, That— was adopted. LAHOOD). The question is on the mo- (1) it is the sense of the House of Rep- Mr. Speaker, 38 years passed without tion offered by the gentlewoman from resentatives that— controversy until 1997 when then Gov- New Jersey (Mrs. ROUKEMA) that the (A) the Ohio State motto and other long- ernor GEORGE VOINOVICH, decided to House suspend the rules and agree to standing mottoes which make reference to place the motto carved in stone in the concurrent resolution, H. Con. Res. God or Providence do so as long-accepted ex- front of the State House, in Columbus, 312, as amended. pressions consistent with American tradition our capital. This apparently caused a The question was taken. and rooted in the sentiments of the Amer- great deal of alarm. The Sixth Circuit Mrs. ROUKEMA. Mr. Speaker, on ican people; (B) such mottoes are ‘‘those references to has ruled that this passage comes di- that I demand the yeas and nays. rectly from the Gospel according to The yeas and nays were ordered. God that we accept in ceremonial phrases or in other contexts that assure neutrality’’, Matthew and therefore must be strick- The SPEAKER pro tempore. Pursu- Lynch v. Donnelly, 465 U.S. 668, 717 (1984) en as Ohio’s creed. Other scholars in ant to clause 8 of rule XX and the (Brennan, J., dissenting), and State and Fed- Ohio dispute this and have traced its Chair’s prior announcement, further eral courts should uphold them as such; and non-Christian origins back to Homer’s proceedings on this motion will be (C) the decision of a three-judge panel of epic poem ‘‘The Odyssey’’ and point postponed. the United States Court of Appeals for the out its prevalence as an inspirational Sixth Circuit striking down the Ohio State f motto is a misinterpretation and catch phrase throughout the history of GENERAL LEAVE misapplication of the United States Con- Western literature, before Christ and after. Mrs. ROUKEMA. Mr. Speaker, I ask stitution; and (2) the House of Representatives— The official motto of the United unanimous consent that all Members (A) finds repugnant all misinterpretations States is, ‘‘In God We Trust.’’ We have may have 5 legislative days within and misapplications of the Constitution by it right up there in front of us. As I am which to revise and extend their re- Federal courts which disregard those ref- looking here today it says, in very marks on H. Con. Res. 312, as amended. erences to God which are well within the large letters, ‘‘In God We Trust,’’ here The SPEAKER pro tempore. Is there American tradition and within the Constitu- objection to the request of the gentle- tion; on the floor of the House of Represent- woman from New Jersey? (B) supports the decision of the Governor atives. The Supreme Court of the There was no objection. and the Attorney General of the State of United States heralds the beginning of Ohio to appeal the ruling; and every session with the words, ‘‘God f (C) affirms its support for the Ohio State save this honorable court.’’ We in Con- EXPRESSING THE SENSE OF THE motto and other State mottoes making ref- gress pause each morning for a prayer HOUSE OF REPRESENTATIVES erence to a divine power. that calls upon guidance from God. THAT THE OHIO MOTTO IS CON- The SPEAKER pro tempore. Pursu- Like these other reflections upon STITUTIONAL ant to the rule, the gentleman from faith, the Ohio motto does not seek to Mr. CHABOT. Mr. Speaker, I move to Ohio (Mr. CHABOT) and the gentleman promote a certain religion or endorse suspend the rules and agree to the reso- from Massachusetts (Mr. FRANK) each one set of religious beliefs over an- lution (H. Res. 494) expressing the sense will control 20 minutes. other. The Chair recognizes the gentleman of the House of Representatives that b 1115 the Ohio State motto is constitutional from Ohio (Mr. CHABOT). Ohio’s Secretary of State, J. Kenneth and urging the courts to uphold its GENERAL LEAVE Blackwell, has said and I quote, ‘‘The constitutionality. Mr. CHABOT. Mr. Speaker, I ask The Clerk read as follows: unanimous consent that all Members motto implies a challenge for self-bet- may have 5 legislative days within terment, and that solid ethics must be Whereas the official motto of the State of at the root of all our actions as individ- Ohio—‘‘With God All Things Are Possible’’— which to revise and extend their re- has been the State motto for 41 years, since marks and include extraneous material uals and communities. It inspires and October 1, 1959; on H.Res. 494. instructs that with faith and hard Whereas the motto is a powerful expression The SPEAKER pro tempore. Is there work, any challenge can be met.’’ That of hope and humility for all the people of objection to the request of the gen- is what our Secretary of State, J. Ken- Ohio; tleman from Ohio? neth Blackwell, said. Whereas the motto does not establish, pro- There was no objection. George Washington said, and I quote, mote, endorse, advance, or discriminate Mr. CHABOT. Mr. Speaker, I yield ‘‘Reason and experience both forbid us against any specific set of religious beliefs; to expect that national morality can Whereas the motto is consistent with the myself such time as I may consume. American tradition of seeking spiritual guid- I rise today in support of House Reso- prevail in exclusion of religious prin- ance in matters of public affairs; lution 494, expressing the sense of the ciple.’’ Whereas faith in God was a founding prin- House of Representatives that the Ohio I am inclined to agree with the father ciple of the Nation and the State of Ohio; State motto is constitutional. I would of our country, the man who, against

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12526 CONGRESSIONAL RECORD—HOUSE June 27, 2000 all odds, led an army of untrained Two months ago, with a 2-to-1 deci- Founders’ faith that, with God, all farmers to victory against the most sion, a three-judge panel in the Sixth things are, indeed, possible. powerful army in the world. I am also Circuit Court of Appeals struck down Mr. FRANK of Massachusetts. Mr. inclined to think that he would cer- Ohio’s official State motto, ‘‘With God Speaker, I yield 4 minutes to the gen- tainly approve of our motto. all things are possible.’’ The court tleman from Ohio (Mr. TRAFICANT). Mr. Speaker, I reserve the balance of sided with the ACLU in declaring that Mr. TRAFICANT. Something bothers my time. the motto expresses a particular affin- me, Mr. Speaker. In America, the Mr. FRANK of Massachusetts. Mr. ity towards Christianity and thus vio- courts have ruled that we can burn our Speaker, I yield myself such time as I lates the establishment clause of the flag, communists can work in our de- may consume. Constitution. fense plants, murderers are entitled to Let me just note, Mr. Speaker, that I While the phrase does appear in the cable television, including the Playboy am here at the request of the ranking Gospel according to Matthew, it actu- Channel, pornography has been ruled minority member. This particular reso- ally predates Christianity by almost to be allowed not only on television lution, while it was referred to the 1,000 years. The line ‘‘With the gods all but now on the Internet, because we Committee on the Judiciary, was not things are possible’’ appears in Homer’s just cannot prove that kids may watch acted on by the committee. I am here Odyssey. Similar lines appear through- it and adults may miss an opportunity in the absence of the ranking minority out other ancient Greek works and in to see such tangos. member to express the fact that he has the writings of Cicero, all of which What is next? Will the Supreme no objection to the bill. were written before Matthew’s counsel. Court allow students to trade in their Mr. Speaker, I yield such time as he According to the Council on American- baseball cards for Playboy Magazines, may consume to the gentleman from Islamic relations, a similar phrase ap- Mr. Speaker? I think if these decisions Ohio (Mr. HALL). are not enough to make the Founders Mr. HALL of Ohio. Mr. Speaker, I pears throughout the Koran. Mr. Speaker, certainly this simple pray, something is really wrong. want to thank the gentleman for yield- phrase of optimism and faith is not of- Think about it, the court ruled that ing time to me. Mr. Speaker, I rise in strong support fensive to anyone. These six words school prayer is illegal. Prayer before a of this resolution. I am proud to be a make no reference to Jesus Christ in football game is unconstitutional. That cosponsor of this important legislation this context, and cannot be said to pro- is getting heavy. God is not even al- with the gentleman from Ohio (Mr. mote the Christian faith in any way. lowed to be mentioned on television. Some of the television shows that refer OXLEY) and others. The court’s action is nothing more Mr. Speaker, this bill expresses the than political correctness run rampant. to God, Touched by Angels, they want sense of the House of Representatives Four other States and American to remove that. My God, America is that the Ohio State motto is constitu- Samoa mention God in their mottos. talking about God. tional, and urges the courts to uphold Ohio’s expression of faith in God is no Now we hear about the fact that the its Constitutionality. different from any of these references. Ohio motto ‘‘With God all things are Earlier this year, a three-judge panel Together with ‘‘In God we trust,’’ these possible’’ is the real killer. That is un- of the Sixth United States Circuit mottos stand as a testament to the re- believable to me. The court allows stu- Court of Appeals ruled that Ohio’s ligious foundation of this great coun- dents to learn about the devil, but not State motto ‘‘With God all things are try. Jesus. The court allows students to possible’’ was unconstitutional. The While the courts have upheld the bib- study devil worship, but not religion. two-to-one decision was based on a be- lically-based ‘‘In God we trust’’ as the This bunch of overeducated nincom- lief that that motto expressed a par- Nation’s motto time and time again, poops on the courts have not inter- ticular affinity towards Christianity. the Sixth Circuit panel ignored prece- preted the Constitution. They have be- I find it a real stretch to interpret dent and struck down Ohio’s similar come so politically correct they are the Ohio State motto as supporting a expression of faith. In fact, the 10-year- street stupid and miss the whole point. specific religion. In one instance the old boy who suggested the phrase as The Constitution and the Founders de- Koran reads, ‘‘Know you not that God Ohio’s motto more than 40 years ago signed the Constitution to make sure is able to do all things?’’ Mr. Speaker, was not even aware of its Biblical ori- there was not one State-sponsored reli- the United States has been using the gin. He said it was something his moth- gion. They did want to separate church phrase ‘‘In God we trust’’ on all our er and grandmother would say to him and State, but they never intended to coins since 1864, and Congress made all the time. Despite the ACLU’s posi- separate God and the American people. this saying, which has been held con- tion, I doubt that this 10-year-old set What is next? How about our cur- stitutional which by the courts, man- out to establish Christianity as Ohio’s rency, ‘‘In God we trust’’? Bring it all datory on all gold and silver coins in official religion. back and print it. How about the 1908 and on all U.S. currency in 1955. Mr. Speaker, I have received many Chamber, ‘‘In God we trust’’? Our fine Clearly, legal precedents in these cases letters on this issue from my constitu- Speaker pro tempore, above him, ‘‘In support the conclusion that Ohio’s ents in Ohio and from all across the God we trust,’’ that may be unconstitu- State motto should be upheld. Nation, each one supporting Ohio’s tional. On a personal note, God can do all right to keep the motto as it is. People Mr. Speaker, I say let Ohio go, be- things. I would urge all Member to sup- around the country are tired of having cause with God, all things are possible. port this resolution. their religious freedom squelched by Would the court ban a motto that said Mr. CHABOT. Mr. Speaker, I yield fringe groups in the name of separation ‘‘With the devil there is a lot more such time as he may consume to the of church and State. fun’’? I do not mean to be light on this, gentleman from Ohio (Mr. OXLEY), the As one of my constituents noted, but we have a Supreme Court estab- principal sponsor of this resolution. ‘‘Ours is a government of the people lished in this country. They seem to be Mr. OXLEY. Mr. Speaker, while I am and by the people, not of the ACLU and acting like some sort of supreme being. proud to join my good friend, the gen- by the ACLU.’’ To paraphrase another I am going to ask Congress today a tleman from Ohio (Mr. HALL), and 54 of of my constituents, ‘‘We would be a question that I think the American our colleagues on both parties in sup- very fortunate Nation if the biggest people are asking: When will Congress porting this resolution, I want to par- threat our society had to face was a grow some anatomy and stand up for ticularly thank my good friend, the saying attributed to Jesus Christ.’’ God and the principles on which our gentleman from Cincinnati (Mr. I would urge my colleagues to vote Founders initiated our great Nation? I CHABOT), for his work as well. I am for this bipartisan resolution sup- yield back all these harebrained, con- troubled by the misinterpretation of porting Ohio’s appeal of the court rul- voluted, nincompoop, stupid rulings of the Constitution that has compelled us ing, and upholding the right of every the courts that have literally removed to introduce it and bring us here today. State and Territory to affirm the God from America.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12527 Mr. CHABOT. Mr. Speaker, I yield similar to our national motto, In God body is talking about it, whether that myself such time as I may consume. we trust, which adorns this Chamber, is people conducting the services on As usual, the gentleman from Ohio which adorns our currency, which is an television or programs. makes imminent sense. I compliment example of the faith with which our So I do hope people will not unduly him for his remarks. Founding Fathers created this great fear that. Mr. Speaker, I yield such time as he Nation over 200 years ago. Mr. Speaker, I yield back the balance may consume to the distinguished gen- Instead of following the years of of my time. tleman from the Second District of court precedent that upheld, again, the Mr. CHABOT. Mr. Speaker, I yield Ohio (Mr. PORTMAN). ceremonial use of the references, this myself such time as I may consume. Mr. PORTMAN. Mr. Speaker, I thank court of the Sixth Circuit chose, I Mr. Speaker, just in concluding, I re- my colleague from Cincinnati for yield- think, a very narrow First Amendment member hearing this decision when it ing time to me. I also want to com- interpretation. As a result, not only is came over my car radio and just shak- mend my friend, the gentleman from this motto in danger, but of course the ing my head and thinking of all the Ohio (Mr. OXLEY) for bringing this res- mottos of other States. There are five other people in my State that are out olution to the floor. other States and territories that have there hearing this same court decision. As some have probably already heard ‘‘God’’ in their motto. They are also It is one of the things that I think in this debate, our State motto, ‘‘With endangered. In the end, the national makes people wonder about their gov- God all things are possible,’’ was actu- motto ‘‘In God we trust’’ is endangered. ernment and what is going on here. It ally adopted in 1959 at the suggestion This was, incidentally, added to our is just such a ludicrous decision. It is of a 10-year-old. This 10-year-old was Nation’s paper currency in 1954 at the almost incomprehensible. urging of a fellow named Matthew from my hometown, STEVE’s home- It is incomprehensible to me that Rothert, another Ohio connection, be- town, of Cincinnati, Ohio. every morning we can pray in this cause he was the father of our First Jim Mastronardo found out that the Chamber before we start business here; Lady of Ohio, Hope Taft, and Hope has State did not have a motto. There was that we can have a visiting rabbi, a spoken out on this issue, as well. I no motto at all for Ohio. So this enter- priest, a minister, people of many dif- think she has made a lot of sense in prising young man, and I have a 10- ferent religions who come in here and terms of her comments. Recently she year-old son and I think that is inter- summed it up with a statement, ‘‘You start in the People’s House the first esting that a 10-year-old was that en- knock one down, and you are on to the session every morning with prayer; terprising, came up with this motto. next one.’’ that we can have on the wall in front of Eventually the State adopted it. I think both mottos, the national us right now, ‘‘In God We Trust’’; that Then recently, during renovations to motto and the State motto, should we could have on our money, the cur- our historic State House in Columbus, stay just as they are. I agree with Hope rency that goes all around our country our then Governor, now Senator, Taft. Our Founding Fathers did envi- every day on behalf of our government GEORGE VOINOVICH had this motto en- sion a nation, Mr. Speaker, where there and says ‘‘In God We Trust,’’ yet it is graved in the granite plaza outside the could be freedom of religion, not the somehow unconstitutional for the building. I think that is probably what absence of any form of religious expres- State of Ohio to have a very similar resulted in the controversy, and cer- sion. phrase, ‘‘In God All Things Are Pos- tainly what resulted in the specific I urge my colleagues on both sides of sible’’; that that is unconstitutional. complaint being filed. the aisle today to show their support Mr. Speaker, I think that is just in- I want to commend little Jimmy for the State of Ohio’s motto, and I comprehensible. It makes absolutely Mastronardo at 10 years old and Gov- think also in doing so show their sup- no sense. I certainly hope that the ernor VOINOVICH for coming up with the port for our national motto, by voting court’s decision is overturned by the idea, in one case, and then allowing in support of the measure today offered higher level in the court system. I feel more Ohioans to understand that this by the gentleman from Ohio (Mr. very confident that it will be, but I was our motto, and its significance. OXLEY). think it is important that this House, I find the Sixth Circuit ruling to be Mr. CHABOT. Mr. Speaker, I reserve the People’s House, does express a headed in the wrong direction. I think the balance of my time. sense of the House of Representatives it establishes a precedent that is trou- Mr. FRANK of Massachusetts. Mr. that the Ohio State motto is constitu- bling. In essence, I think what they are Speaker, I yield myself such time as I tional. I think that is appropriate. saying is that because ‘‘With God all may consume. Mr. Speaker, I want to again thank things are possible’’ is attributed to Mr. Speaker, because this resolution the gentleman from Ohio (Mr. OXLEY) the Gospel of Matthew, that therefore had not come through the Committee for proposing this particular resolu- it is inappropriate. on the Judiciary process, I am at what tion. I feel to be a disadvantage in com- As I look at it, and I know many Mr. WATTS of Oklahoma. Mr. Speaker, menting on the court opinion, since I other constitutional scholars other today this body has the opportunity to speak have not read it. That may appear to than those on the court share this out against a grave injustice that occurred in me to be more of a disadvantage than view, it is on its face a generic, non- our country on April 25, 2000. For on April 25, denominational, and definitely a cere- some of my colleagues think it is. As I said, not having read the opin- 2000 the U.S. Court of Appeals of the Sixth monial reference to God. I think it is ion, I am somewhat reluctant to dis- Circuit ruled that the state motto of Ohio, exactly an example of the kind of cere- cuss it at great length, but I did want ‘‘With God all Things Are Possible’’, is in viola- monial deism that the courts have ac- to say that I would disagree with my tion of the Constitution. cepted over the years. Beyond that, as colleague, the gentleman from Ohio, in Mr. Speaker, as we come to our Independ- the gentleman from Ohio (Mr. TRAFI- the suggestion that there is some dan- ence Day recess, I recall some 224 years ago CANT) and others have pointed out, it is ger that references to God will be re- we came together as a group to proclaim our something that is positive for our moved from television. People would be independence from Britain. And in our Dec- State and our country. understandably very unhappy about laration of Independence we stated that all I find the court ruling troubling, and that. I want to allay their fears. The men ‘‘are endowed by their Creator with cer- I think it is appropriate that Congress likelihood that there would be any gov- tain unalienable Rights, that among these are establish today, I hope through a ernmental action removing references life, Liberty, and the pursuit of happiness.’’ strong bipartisan majority of the to God from television is zero. It would From our nation’s beginning we recognized House, that we also believe that this is not be constitutional. the importance of God. a troubling precedent. It does not advo- Mr. Speaker every day in this body before cate a particular religious stance. It b 1130 we begin our day we are led in a prayer, we does not promote the establishment of It would not be constitutional; it ask God to bless and guide us in our pro- a particular religion. I think it is very would not be appropriate. No official ceedings. Before we begin our day we pledge

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.000 H27JN0 12528 CONGRESSIONAL RECORD—HOUSE June 27, 2000 allegiance to our country, and proclaim that dorsement of Christianity because the motto is suspension of the rules process. This bill was we are one nation under God. Mr. Speaker derived from the Gospel of St. Matthew in the never fully researched and no committee hear- look around these chambers at our ‘‘law- New Testament, yet followers of Islam have ing was held. Instead, it was rushed to the givers’’ statues you will find two Popes and stated publicly that they have no objection to floor with no opportunity for amendment, scru- one Biblical figure, Moses. These are the men the motto since it simply references God. tiny or serious discussion. who laid the foundation of our American de- The court’s ruling is part of a disturbing As a Member of this great body, I have mocracy. trend to completely remove religious sym- sworn to uphold the Constitution of the United Mr. Speaker for nearly 150 years our nation bolism from public forums. This was never the States. Accordingly, I must abstain from voting has lived under the motto ‘‘In God We Trust.’’ intention of the Founding Fathers. The entire on this measure which was blatantly brought The mint places copies of this motto on every purpose behind the First Amendment was to to the floor for the sole purpose of trying to nickel, dime, quarter, and paper money. The prevent the establishment of an official state- score cheap political points during an election people of Ohio lived under their motto for forty endorsed religion like the Church of England year. years. Now, the judicial system after 224 and to protect the individual right to worship Ms. PRYCE of Ohio. Mr. Speaker, I rise in years of foundation in our religious beliefs are without fear of persecution by the government. strong support of the resolution. trying to strike this down. I’m sure that the authors of our Constitution ‘‘With God, all things are possible.’’ If we Mr. Speaker our nation has a strong herit- would truly be perplexed at the way this could teach our children only one thing, it age in our religious beliefs. For the past 224 straightforward constitutional matter has been should be that with hard work, perseverance, yeas, we as a nation have asked God for interpreted to mean that the name of God or and faith in themselves, all things are possible leadership, guidance, and His blessing. I urge a supreme creator is never to be seen on a with God. I can think of no better message to every member to stand today and support Mr. public document or inside a public building. send our future generations than to tell them OXLEY’S resolution H. Res. 494 and support We have a state motto which states that the that nothing is beyond their reach. the motto of Ohio. belief in God can inspire Ohioans to accom- The Sixth Circuit Court of Appeals, by ruling Mr. EDWARDS. Mr. Speaker, I respect the plish even greater achievements in the future. that the motto of the state of Ohio is unconsti- right of every member of this House to take a If the court’s interpretation of the matter is al- tutional, is keeping the people of Ohio from stand of conscience on the subject of religion, lowed to stand we will soon be faced with the sharing this message. No branch of govern- but the process of this resolution, in my opin- unpleasant task of striking the words ‘‘In God ment should strip Ohioans of this, their ex- ion, does a disservice to the Constitution and We Trust’’ from our currency, suspending pression of hope and optimism. to this House. prayer before the meetings of virtually every Certainly, I believe strongly in the First If this is intended to be a serious resolution, elected town council and state legislature in Amendment, which protects individuals’ free- then it subjects matter of religious freedom in the nation, and eliminating the Prayer Room dom of religion but also prohibits government state mottoes deserves a full and open debate and the Office of the Chaplain from the U.S. establishment of religion. I for one believe that in Judiciary Committee hearings and on this Congress. we cannot be overzealous to the point of dis- floor. Is this the reality that we want to create? couraging expression: historic, traditional, Let us be honest with our constituents. The Must God only be praised in the voice of the time-honored expression that has defined us Constitution in Article III makes it absolutely individual and from private homes and estab- as a state and nation for generations. clear that the Supreme Court—not the Con- lished houses of worship? I truly hope not. Let us be clear: The motto of the State of gress—has the power to determine what is or The First Amendment of the Constitution Ohio does not establish any particular religion is not constitutional. Let us be honest, the passage of this reso- was created to protect religious freedoms, not nor does it express any religious belief. Rath- lution will have absolutely no impact upon to restrict the right of an individual state to de- er, the Ohio motto simply represents an ex- whether the Supreme Court determines the termine its own motto. This ruling is a mis- pression of American optimism—one that for constitutionality of the motto, ‘‘With God, all guided attempt to negate the democratic proc- over 200 years has served to help steer this things are possible’’. No press releases today ess which allowed the motto to be established. great nation. will change that fact. Mr. KIND. Mr. Speaker, I will vote ‘‘present’’ I urge you to support the people of my If some members of this House envision this today on this bill, not because I do not person- home state, and the people of our nation, by Congress as an advisory body to the Supreme ally believe in the motto adopted by the State supporting the resolution. Court, I would suggest that declaring an action of Ohio, but because to do otherwise would be Mr. KUCINICH. Mr. Speaker, I rise in sup- constitutional, without any consideration of a disservice to my elected office, the judicial port of H. Res. 494. hearings on related court cases, would make branch of our federal government, and the ‘‘With God All Things Are Possible.’’ This our advice so grievously superficial as to Constitution upon which our government is phrase, the Ohio State motto, represents opti- make it ignored at best and counterproductive based. mism in the human spirit. at worst. This body has no authority to act in an advi- The motto suggests that Ohioans should be I would hope that the Leadership of this sory capacity to the courts of this land. The optimistic and hopeful about the future. Al- House would honestly say to the American separation of powers embodied in the Con- though the motto is a Biblical reference, its people that only the Supreme Court—not Con- stitution establishes separate and co-equal meaning extends beyond the scope of religion. gress—ultimately decides the constitutionality branches of government each possessing a In fact this phrase was expressed in many an- of an issue. unique role in the governance of the nation. cient Greek texts such as The Odyssey. The first 16 words of the Bill of Rights have Congress is authorized to enact laws, and the Since the founding fathers of this great na- protected American’s religious liberty for over courts—under Article III as administered by tion created a ‘‘more perfect Union,’’ the con- two hundred years. It is a shame the House the Supreme Court—are authorized to deter- cepts of god and country have been deeply Republican leadership seems more interested mine the constitutionality of those laws. intertwined. Observe the Great Seal, which in sound bite politics than in respecting our Congress should not purport to advise the dates back to 1782, on the back of our dollar Constitution. courts regarding the constitutionality of a ruling bill. The ‘‘All Seeing Eye’’ above the pyramid Mr. HOBSON. Mr. Speaker, I rise in support of a particular court involving a particular mat- suggests the importance of divine guidance in of my home state of Ohio and its motto, ‘‘With ter. Such action is well beyond the scope of favor of the American cause. A closer look on God All Things Are Possible.’’ our constitutional role. The bill brought today the back of the dollar reveals America’s inti- This motto was adopted by an act of the is a knee-jerk reaction to a court decision that macy with spirituality: The Latin phrase State Legislature in 1959 to express an opti- many Members disagree with. While I respect ANNUIT COEPTIS, which is also inscribed in mistic and poignant view of what it means to their opinions and their right to express them- this very chamber, means ‘‘He (God) has fa- be a resident of our great state. The motto selves, I cannot support their attempt to influ- vored our undertakings,’’ and refers to the embodies the belief that faith and Providence ence this nation’s courts in this manner and by many instances of Divine Providence during have played an important role in the develop- this process. our Government’s formation. Even our own ment of the State of Ohio from pioneer times I am disturbed that a bill that claims to ex- Pledge of Allegience mentions that the United to the present day. press this body’s well-reasoned and delibera- States is ‘‘One Nation Under God,’’ which is a The 6th U.S. Circuit Court of Appeals has tive judgment over the constitutionality of a prime example of America’s relationship with ruled that the motto is an unconstitutional en- state motto was brought to the floor using the spirituality.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12529 My fellow colleagues, it’s clear to me that ated with radiation exposure, due to the fail- (B) by striking ‘‘(provided initial exposure the Ohio State motto is analogous to the be- ure of the Federal Government to warn and occurred by the age of 20)’’ after ‘‘thyroid’’; loved phrase ‘‘In God We Trust’’—our national otherwise help protect citizens from the (C) by inserting ‘‘male or’’ before ‘‘female health hazards addressed by the Radiation motto, displayed prominently above the seat of breast’’; Exposure Compensation Act of 1990 (42 U.S.C. (D) by striking ‘‘(provided initial exposure our own Speaker of the House of Representa- 2210 note); and occurred prior to age 40)’’ after ‘‘female tives. With God all things are possible, espe- (6) it should be the responsibility of the breast’’; cially the United States of America. Federal Government in partnership with (E) by striking ‘‘(provided low alcohol con- Mr. CHABOT. Mr. Speaker, I yield State and local governments and appropriate sumption and not a heavy smoker)’’ after back the balance of my time. healthcare organizations, to initiate and ‘‘esophagus’’; The SPEAKER pro tempore (Mr. support programs designed for the early de- (F) by striking ‘‘(provided initial exposure LAHOOD). The question is on the mo- tection, prevention and education on occurred before age 30)’’ after ‘‘stomach’’; tion offered by the gentleman from radiogenic diseases in approved States to aid (G) by striking ‘‘(provided not a heavy the thousands of individuals adversely af- Ohio (Mr. CHABOT) that the House sus- smoker)’’ after ‘‘pharynx’’; fected by the mining of uranium and the (H) by striking ‘‘(provided not a heavy pend the rules and agree to the resolu- testing of nuclear weapons for the Nation’s tion, H. Res. 494. smoker and low coffee consumption)’’ after weapons arsenal. ‘‘pancreas’’; and The question was taken. SEC. 3. AMENDMENTS TO THE RADIATION EXPO- (I) by inserting ‘‘salivary gland, urinary Mr. CHABOT. Mr. Speaker, on that I SURE COMPENSATION ACT. bladder, brain, colon, ovary,’’ after ‘‘gall demand the yeas and nays. (a) CLAIMS RELATING TO ATMOSPHERIC NU- bladder,’’. The yeas and nays were ordered. CLEAR TESTING.—Section 4(a)(1) of the Radi- (c) CLAIMS RELATING TO URANIUM MINING.— The SPEAKER pro tempore. Pursu- ation Exposure Compensation Act (42 U.S.C. (1) IN GENERAL.—Section 5(a) of the Radi- ant to clause 8 of rule XX and the 2210 note) is amended to read as follows: ‘‘(1) CLAIMS RELATING TO LEUKEMIA.— ation Exposure Compensation Act (42 U.S.C. Chair’s prior announcement, further ‘‘(A) IN GENERAL.—An individual described 2210 note) is amended to read as follows: proceedings on this motion will be in this subparagraph shall receive an amount ‘‘(a) ELIGIBILITY OF INDIVIDUALS.— postponed. specified in subparagraph (B) if the condi- ‘‘(1) IN GENERAL.—An individual shall re- f tions described in subparagraph (C) are met. ceive $100,000 for a claim made under this An individual referred to in the preceding RADIATION EXPOSURE COMPENSA- Act if— sentence is an individual who— ‘‘(A) that individual— TION ACT AMENDMENTS OF 2000 ‘‘(i)(I) was physically present in an affected ‘‘(i) was employed in a uranium mine or Mr. CANNON. Mr. Speaker, I move to area for a period of at least 1 year during the uranium mill (including any individual who suspend the rules and pass the Senate period beginning on January 21, 1951, and was employed in the transport of uranium ending on October 31, 1958; bill (S. 1515) to amend the Radiation ore or vanadium-uranium ore from such ‘‘(II) was physically present in the affected mine or mill) located in Colorado, New Mex- Exposure Compensation Act, and for area for the period beginning on June 30, other purposes, as amended. ico, Arizona, Wyoming, South Dakota, Wash- 1962, and ending on July 31, 1962; or ington, Utah, Idaho, North Dakota, Oregon, The Clerk read as follows: ‘‘(III) participated onsite in a test involv- and Texas at any time during the period be- S. 1515 ing the atmospheric detonation of a nuclear ginning on January 1, 1942, and ending on De- device; and Be it enacted by the Senate and House of Rep- cember 31, 1971; and ‘‘(ii) submits written documentation that resentatives of the United States of America in ‘‘(ii)(I) was a miner exposed to 40 or more such individual developed leukemia— Congress assembled, working level months of radiation and sub- ‘‘(I) after the applicable period of physical mits written medical documentation that SECTION 1. SHORT TITLE. presence described in subclause (I) or (II) of the individual, after that exposure, devel- This Act may be cited as the ‘‘Radiation clause (i) or onsite participation described in oped lung cancer or a nonmalignant res- Exposure Compensation Act Amendments of clause (i)(III) (as the case may be); and piratory disease; or 2000’’. ‘‘(II) more that 2 years after first exposure ‘‘(II) was a miller or ore transporter who SEC. 2. FINDINGS. to fallout. worked for at least 1 year during the period Congress finds that— ‘‘(B) AMOUNTS.—If the conditions described described under clause (i) and submits writ- (1) the Radiation Exposure Compensation in subparagraph (C) are met, an individual— ten medical documentation that the indi- Act (42 U.S.C. 2210 note) recognized the re- ‘‘(i) who is described in subclause (I) or (II) vidual, after that exposure, developed lung sponsibility of the Federal Government to of subparagraph (A)(i) shall receive $50,000; compensate individuals who were harmed by or cancer or a nonmalignant respiratory disease the mining of radioactive materials or fall- ‘‘(ii) who is described in subclause (III) of or renal cancers and other chronic renal dis- out from nuclear arms testing; subparagraph (A)(i) shall receive $75,000. ease including nephritis and kidney tubal tissue injury; (2) a congressional oversight hearing con- ‘‘(C) CONDITIONS.—The conditions described ducted by the Committee on Labor and in this subparagraph are as follows: ‘‘(B) the claim for that payment is filed Human Resources of the Senate dem- ‘‘(i) Initial exposure occurred prior to age with the Attorney General by or on behalf of onstrated that since enactment of the Radi- 21. that individual; and ation Exposure Compensation Act (42 U.S.C. ‘‘(ii) The claim for a payment under sub- ‘‘(C) the Attorney General determines, in 2210 note), regulatory burdens have made it paragraph (B) is filed with the Attorney Gen- accordance with section 6, that the claim too difficult for some deserving individuals eral by or on behalf of the individual. meets the requirements of this Act. to be fairly and efficiently compensated; ‘‘(iii) The Attorney General determines, in ‘‘(2) INCLUSION OF ADDITIONAL STATES.— (3) reports of the Atomic Energy Commis- accordance with section 6, that the claim Paragraph (1)(A)(i) shall apply to a State, in sion and the National Institute for Occupa- meets the requirements of this Act.’’. addition to the States named under such tional Safety and Health testify to the need (b) DEFINITIONS.—Section 4(b) of the Radi- clause, if— to extend eligibility to States in which the ation Exposure Compensation Act (42 U.S.C. ‘‘(A) an Atomic Energy Commission ura- Federal Government sponsored uranium 2210 note) is amended— nium mine was operated in such State at any mining and milling from 1941 through 1971; (1) in paragraph (1)— time during the period beginning on January (4) scientific data resulting from the enact- (A) in subparagraph (A) by inserting 1, 1942, and ending on December 31, 1971; ment of the Radiation Exposed Veterans ‘‘Wayne, San Juan,’’ after ‘‘Millard,’’; and ‘‘(B) the State submits an application to Compensation Act of 1988 (38 U.S.C. 101 note), (B) by amending subparagraph (C) to read the Department of Justice to include such and obtained from the Committee on the Bi- as follows: State; and ological Effects of Ionizing Radiations, and ‘‘(C) in the State of Arizona, the counties ‘‘(C) the Attorney General makes a deter- the President’s Advisory Committee on of Coconino, Yavapai, Navajo, Apache, and mination to include such State. Human Radiation Experiments provide med- Gila; and’’; and ‘‘(3) PAYMENT REQUIREMENT.—Each pay- ical validation for the extension of compen- (2) in paragraph (2)— ment under this section may be made only in sable radiogenic pathologies; (A) by striking ‘‘the onset of the disease accordance with section 6.’’. (5) above-ground uranium miners, millers was between 2 and 30 years of first expo- (2) DEFINITIONS.—Section 5(b) of the Radi- and individuals who transported ore should sure,’’ and inserting ‘‘the onset of the disease ation Exposure Compensation Act (42 U.S.C. be fairly compensated, in a manner similar was at least 2 years after first exposure, lung 2210 note) is amended— to that provided for underground uranium cancer (other than in situ lung cancer that is (A) in paragraph (3)— miners, in cases in which those individuals discovered during or after a post-mortem (i) by striking ‘‘and’’ before suffered disease or resultant death, associ- exam),’’; ‘‘corpulmonale’’; and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12530 CONGRESSIONAL RECORD—HOUSE June 27, 2000 (ii) by striking ‘‘; and if the claimant,’’ and ‘‘(II) is a board certified physician; and be permitted a reasonable period in which to all that follows through the end of the para- ‘‘(III) has a documented ongoing physician seek administrative review of the denial by graph and inserting ‘‘, silicosis, and pneumo- patient relationship with the claimant. the Attorney General. The Attorney General coniosis;’’; ‘‘(2) CHEST X-RAYS.— shall make a final determination with re- (B) by striking the period at the end of ‘‘(A) IN GENERAL.—For purposes of this spect to any administrative review within 90 paragraph (4) and inserting a semicolon; and Act, a chest x-ray and the accompanying in- days after the receipt of the claimant’s re- (C) by adding at the end the following: terpretive reports described in subsection quest for such review. In the event the Attor- ‘‘(5) the term ‘written medical documenta- (b)(5)(B) shall— ney General fails to render a determination tion’ for purposes of proving a nonmalignant ‘‘(i) be considered to be conclusive; and within 12 months after the date of the re- respiratory disease or lung cancer means, in ‘‘(ii) be subject to a fair and random audit ceipt of such request, the claim shall be any case in which the claimant is living— procedure established by the Attorney Gen- deemed awarded as a matter of law and ‘‘(A)(i) an arterial blood gas study; or eral. paid.’’; and ‘‘(ii) a written diagnosis by a physician ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— (C) by adding at the end the following: meeting the requirements of subsection ‘‘(i) IN GENERAL.—For purposes of this Act, ‘‘(2) ADDITIONAL INFORMATION.—The Attor- (c)(1); and a written diagnosis made by a physician de- ney General may request from any claimant ‘‘(B)(i) a chest x-ray administered in ac- scribed in clause (ii) of a nonmalignant pul- under this Act, or from any individual or en- cordance with standard techniques and the monary disease or lung cancer of a claimant tity on behalf of any such claimant, any rea- interpretive reports of a maximum of 2 Na- that is accompanied by written documenta- sonable additional information or docu- tional Institute of Occupational Health and tion that meets the definition of that term mentation necessary to complete the deter- Safety certified ‘B’ readers classifying the under subsection (b)(5) shall be considered to mination on the claim in accordance with existence of the nonmalignant respiratory be conclusive evidence of that disease. the procedures established under subsection disease of category 1/0 or higher according to ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- (a). a 1989 report of the International Labor Of- cian referred to under clause (i) is a physi- ‘‘(3) TREATMENT OF PERIOD ASSOCIATED WITH fice (known as the ‘ILO’), or subsequent revi- cian who— REQUEST.— sions; ‘‘(I) is employed by— ‘‘(A) IN GENERAL.—The period described in ‘‘(ii) high resolution computed tomography ‘‘(aa) the Indian Health Service; or subparagraph (B) shall not apply to the 12- scans (commonly known as ‘HRCT scans’) ‘‘(bb) the Department of Veterans Affairs; month limitation under paragraph (1). (including computer assisted tomography and ‘‘(B) PERIOD.—The period described in this scans (commonly known as ‘CAT scans’), ‘‘(II) has a documented ongoing physician subparagraph is the period— magnetic resonance imaging scans (com- patient relationship with the claimant.’’. ‘‘(i) beginning on the date on which the At- torney General makes a request for addi- monly known as ‘MRI scans’), and positron (d) DETERMINATION AND PAYMENT OF tional information or documentation under emission tomography scans (commonly CLAIMS.— paragraph (2); and known as ‘PET scans’)) and interpretive re- (1) FILING PROCEDURES.—Section 6(a) of the ports of such scans; Radiation Exposure Compensation Act (42 ‘‘(ii) ending on the date on which the ‘‘(iii) pathology reports of tissue biopsies; U.S.C. 2210 note) is amended by adding at the claimant or individual or entity acting on behalf of that claimant submits that infor- or end the following: ‘‘In establishing proce- mation or documentation or informs the At- ‘‘(iv) pulmonary function tests indicating dures under this subsection, the Attorney torney General that it is not possible to pro- restrictive lung function, as defined by the General shall take into account and make al- vide that information or that the claimant American Thoracic Society; lowances for the law, tradition, and customs or individual or entity will not provide that ‘‘(6) the term ‘lung cancer’— of Indian tribes (as that term is defined in information. ‘‘(A) means any physiological condition of section 5(b)) and members of Indian tribes, to ‘‘(4) PAYMENT WITHIN 6 WEEKS.—The Attor- the lung, trachea, or bronchus that is recog- the maximum extent practicable.’’. ney General shall ensure that an approved nized as lung cancer by the National Cancer (2) DETERMINATION AND PAYMENT OF CLAIMS, claim is paid not later than 6 weeks after the Institute; and GENERALLY.—Section 6(b)(1) of the Radiation date on which such claim is approved. ‘‘(B) includes in situ lung cancers; Exposure Compensation Act (42 U.S.C. 2210 ‘‘(5) NATIVE AMERICAN CONSIDERATIONS.— ‘‘(7) the term ‘uranium mine’ means any note) is amended by adding at the end the Any procedures under this subsection shall underground excavation, including ‘dog following: ‘‘All reasonable doubt with regard take into consideration and incorporate, to holes’, as well as open pit, strip, rim, surface, to whether a claim meets the requirements the fullest extent feasible, Native American or other aboveground mines, where uranium of this Act shall be resolved in favor of the law, tradition, and custom with respect to ore or vanadium-uranium ore was mined or claimant.’’. the submission and processing of claims by otherwise extracted; and (3) OFFSET FOR CERTAIN PAYMENTS.—Sec- Native Americans.’’. ‘‘(8) the term ‘uranium mill’ includes mill- tion 6(c)(2)(B) of the Radiation Exposure (e) REGULATIONS.— ing operations involving the processing of Compensation Act (42 U.S.C. 2210 note) is (1) IN GENERAL.—Section 6(i) of the Radi- uranium ore or vanadium-uranium ore, in- amended— ation Exposure Compensation Act (42 U.S.C. cluding both carbonate and acid leach (A) in clause (i), by inserting ‘‘(other than 2210 note) is amended by adding at the end plants.’’. a claim for workers’ compensation)’’ after the following: ‘‘Not later than 180 days after (3) WRITTEN DOCUMENTATION.—Section 5 of ‘‘claim’’; and the date of enactment of the Radiation Expo- the Radiation Exposure Compensation Act (B) in clause (ii), by striking ‘‘Federal Gov- sure Compensation Act Amendments of 2000, (42 U.S.C. 2210 note) is amended by adding at ernment’’ and inserting ‘‘Department of Vet- the Attorney General shall issue revised reg- the end the following: erans Affairs’’. ulations to carry out this Act.’’. ‘‘(c) WRITTEN DOCUMENTATION.— (4) APPLICATION OF NATIVE AMERICAN LAW (2) AFFIDAVITS.— ‘‘(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL TO CLAIMS.—Section 6(c)(4) of the Radiation (A) IN GENERAL.—The Attorney General BLOOD GAS STUDY.— Exposure Compensation Act (42 U.S.C. 2210 shall take such action as may be necessary ‘‘(A) IN GENERAL.—For purposes of this note) is amended by adding at the end the to ensure that the procedures established by Act, the written diagnosis and the accom- following: the Attorney General under section 6 of the panying interpretive reports described in ‘‘(D) APPLICATION OF NATIVE AMERICAN Radiation Exposure Compensation Act (42 subsection (b)(5)(A) shall— LAW.—In determining those individuals eligi- U.S.C. 2210 note) provide that, in addition to ‘‘(i) be considered to be conclusive; and ble to receive compensation by virtue of any other material that may be used to sub- ‘‘(ii) be subject to a fair and random audit marriage, relationship, or survivorship, such stantiate employment history for purposes procedure established by the Attorney Gen- determination shall take into consideration of determining working level months, an in- eral. and give effect to established law, tradition, dividual filing a claim under those proce- ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— and custom of the particular affected Indian dures may make such a substantiation by ‘‘(i) IN GENERAL.—For purposes of this Act, tribe.’’. means of an affidavit described in subpara- a written diagnosis made by a physician de- (5) ACTION ON CLAIMS.—Section 6(d) of the graph (B). scribed under clause (ii) of a nonmalignant Radiation Exposure Compensation Act (42 (B) AFFIDAVITS.—An affidavit referred to pulmonary disease or lung cancer of a claim- U.S.C. 2210 note) is amended— under subparagraph (A) is an affidavit— ant that is accompanied by written docu- (A) by inserting ‘‘(1) IN GENERAL.—’’ before (i) that meets such requirements as the At- mentation shall be considered to be conclu- ‘‘The Attorney General’’; torney General may establish; and sive evidence of that disease. (B) by inserting at the end the following: (ii) is made by a person other than the in- ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- ‘‘For purposes of determining when the 12- dividual filing the claim that attests to the cian referred to under clause (i) is a physi- month period ends, a claim under this Act employment history of the claimant. cian who— shall be deemed filed as of the date of its re- (f) LIMITATIONS ON CLAIMS.—Section 8 of ‘‘(I) is employed by the Indian Health Serv- ceipt by the Attorney General. In the event the Radiation Exposure Compensation Act ice or the Department of Veterans Affairs; or of the denial of a claim, the claimant shall (42 U.S.C. 2210 note) is amended—

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12531 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘SEC. 417C. GRANTS FOR EDUCATION, PREVEN- The Chair recognizes the gentleman TION, AND EARLY DETECTION OF ‘‘A claim’’; and from Utah (Mr. CANNON). (2) by adding at the end the following: RADIOGENIC CANCERS AND DIS- EASES. GENERAL LEAVE ‘‘(b) RESUBMITTAL OF CLAIMS.—After the ‘‘(a) DEFINITION.—In this section the term Mr. CANNON. Mr. Speaker, I ask date of enactment of the Radiation Exposure ‘entity’ means any— unanimous consent that all Members Compensation Act Amendments of 2000, any ‘‘(1) National Cancer Institute-designated may have 5 legislative days within claimant who has been denied compensation cancer center; under this Act may resubmit a claim for con- which to revise and extend their re- ‘‘(2) Department of Veterans Affairs hos- marks and include extraneous material sideration by the Attorney General in ac- pital or medical center; cordance with this Act not more than 3 ‘‘(3) Federally Qualified Health Center, on the bill under consideration. times. Any resubmittal made before the date community health center, or hospital; The SPEAKER pro tempore. Is there of enactment of the Radiation Exposure ‘‘(4) agency of any State or local govern- objection to the request of the gen- Compensation Act Amendments of 2000 shall ment, including any State department of tleman from Utah? not be applied to the limitation under the health; or There was no objection. preceding sentence.’’. ‘‘(5) nonprofit organization. Mr. CANNON. Mr. Speaker, I yield (g) EXTENSION OF CLAIMS AND FUND.— ‘‘(b) IN GENERAL.—The Secretary, acting myself such time as I may consume. (1) EXTENSION OF CLAIMS.—Section 8 of the through the Administrator of the Health Re- Mr. Speaker, Senate 1515, the Radi- Radiation Exposure Compensation Act (42 sources and Services Administration in con- ation Exposure Compensation Act U.S.C. 2210 note) is amended by striking ‘‘20 sultation with the Director of the National Amendments of 2000 updates a similar Institutes of Health and the Director of the years after the date of the enactment of this 1990 law. The law now compensates in- Act’’ and inserting ‘‘22 years after the date of Indian Health Service, may make competi- enactment of the Radiation Exposure Com- tive grants to any entity for the purpose of dividuals exposed to radiation from ei- pensation Act Amendments of 2000’’. carrying out programs to— ther being downwind of a nuclear test (2) EXTENSION OF FUND.—Section 3(d) of the ‘‘(1) screen individuals described under sec- blast or engaged in the mining of ura- Radiation Exposure Compensation Act (42 tion 4(a)(1)(A)(i) or 5(a)(1)(A) of the Radi- nium during the Cold War. U.S.C. 2210 note) is amended in the first sen- ation Exposure Compensation Act (42 U.S.C. The legislation we are considering tence by striking ‘‘date of the enactment of 2210 note) for cancer as a preventative health today increases the number of this Act’’ and inserting ‘‘date of enactment measure; radiogenic and chronic diseases com- of the Radiation Exposure Compensation Act ‘‘(2) provide appropriate referrals for med- pensable under the 1990 act. This bill Amendments of 2000’’. ical treatment of individuals screened under paragraph (1) and to ensure, to the extent increases the number of individuals (h) ATTORNEY FEES LIMITATION.—Section 9 and States eligible for compensation in of the Radiation Exposure Compensation Act practicable, the provision of appropriate fol- low-up services; accordance with the scientific and (42 U.S.C. 2210 note) is amended to read as medical information gathered over the follows: ‘‘(3) develop and disseminate public infor- mation and education programs for the de- past decade. ‘‘SEC. 9. ATTORNEY FEES. tection, prevention, and treatment of S. 1515 responds to concerns raised by ‘‘(a) GENERAL RULE.—Notwithstanding any radiogenic cancers and diseases; and exposed victims and their survivors, contract, the representative of an individual ‘‘(4) facilitate putative applicants in the data from the scientific and medical may not receive, for services rendered in documentation of claims as described in sec- communities, information gained from connection with the claim of an individual tion 5(a) of the Radiation Exposure Com- the Department of Justice admin- under this Act, more than that percentage pensation Act (42 U.S.C. 2210 note). specified in subsection (b) of a payment ‘‘(c) INDIAN HEALTH SERVICE.—The pro- istering the program, and the Govern- made under this Act on such claim. grams under subsection (a) shall include pro- ment’s responsibility to see that all in- grams provided through the Indian Health ‘‘(b) APPLICABLE PERCENTAGE LIMITA- dividuals seeking just compensation Service or through tribal contracts, com- TIONS.—The percentage referred to in sub- are eligible. S. 1515 makes the needed section (a) is— pacts, grants, or cooperative agreements changes in the existing law to give ‘‘(1) 2 percent for the filing of an initial with the Indian Health Service and which compensation to more individuals claim; and are determined appropriate to raising the harmed by the Government’s nuclear health status of Indians. ‘‘(2) 10 percent with respect to— ‘‘(d) GRANT AND CONTRACT AUTHORITY.—En- arms testing programs. ‘‘(A) any claim with respect to which a rep- tities receiving a grant under subsection (b) S. 1515 would amend the Radiation resentative has made a contract for services may expend the grant to carry out the pur- Exposure Compensation Act of 1990. before the date of enactment of the Radi- pose described in such subsection. The 1990 act provides payments to cer- ation Exposure Compensation Act Amend- ‘‘(e) HEALTH COVERAGE UNAFFECTED.— tain civilian individuals exposed to ra- ments of 2000; or Nothing in this section shall be construed to ‘‘(B) a resubmission of a denied claim. diation between 1947 and 1971. Those in- affect any coverage obligation of a govern- dividuals include underground uranium ‘‘(c) PENALTY.—Any such representative mental or private health plan or program re- who violates this section shall be fined not lating to an individual referred to under sub- miners, individuals present at nuclear more than $5,000.’’. section (b)(1). blast test sites, and individuals who ex- (i) GAO REPORTS.— ‘‘(f) REPORT TO CONGRESS.—Beginning on perienced fallout from those blasts in (1) IN GENERAL.—Not later than 18 months October 1 of the year following the date on certain geographical areas, known as after the date of enactment of this Act, and which amounts are first appropriated to downwinders. every 18 months thereafter, the General Ac- carry out this section and annually on each Compensation is based on docu- counting Office shall submit a report to Con- October 1 thereafter, the Secretary shall sub- mented proof of the individual’s pres- gress containing a detailed accounting of the mit a report to the Committee on the Judici- ence in each location and on the occur- administration of the Radiation Exposure ary and the Committee on Health, Edu- cation, Labor, and Pensions of the Senate rence of certain cancers and diseases Compensation Act (42 U.S.C. 2210 note) by associated with each type of exposure the Department of Justice. and to the Committee on the Judiciary and to radiation. In the case of uranium (2) CONTENTS.—Each report submitted the Committee on Commerce of the House of under this subsection shall include an anal- Representatives. Each report shall summa- miners, they had to have experienced a ysis of— rize the expenditures and programs funded certain level and length of radiation (A) claims, awards, and administrative under this section as the Secretary deter- exposure as well. costs under the Radiation Exposure Com- mines to be appropriate. S. 1515 would expand the number of ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— pensation Act (42 U.S.C. 2210 note); and There are authorized to be appropriated for individuals who could receive payment (B) the budget of the Department of Jus- the purpose of carrying out this section under the act to include aboveground tice relating to such Act. $20,000,000 for fiscal year 1999 and such sums uranium miners, uranium millers, and SEC. 4. ESTABLISHMENT OF PROGRAM OF as may be necessary for each of the fiscal ore transporters. It would also make GRANTS TO STATES FOR EDU- years 2000 through 2009.’’. changes to the current law to address CATION, PREVENTION, AND EARLY DETECTION OF RADIOGENIC CAN- The SPEAKER pro tempore. Pursu- inadequacies in the program that have CERS AND DISEASES. ant to the rule, the gentleman from been apparent over time. Subpart I of part C of title IV of the Public Utah (Mr. CANNON) and the gentleman In 1995, the President’s Advisory Health Service Act (42 U.S.C. 285 et seq.) is from Massachusetts (Mr. FRANK) each Committee on Human Radiation Ex- amended by adding at the end the following: will control 20 minutes. periments released its review of the

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12532 CONGRESSIONAL RECORD—HOUSE June 27, 2000 history of radiation experiments and case, for that reason I do not intend to Navajo Nation President Kelsey testing and made recommendations for repeat any of it. I realize this is a vio- Begaye and Vice President Taylor appropriate government responses to lation, if not of the rules of the House, McKenzie put the resources of the Na- their findings. S. 1515 addresses the of its norms. But I will nonetheless tion to work for the countless Navajo concerns raised by the advisory com- carry that out. miners and millers. In addition, Melton mittee. Mr. Speaker, I was particularly Martinez, Ben Shelley, Lori Goodman, Congress has a duty to revisit this pleased that the committee agreed to a and numerous others worked tirelessly act periodically to assure that all indi- modification of the language involving to better the lives of miners and mil- viduals who should be covered are in- legal fees. We have all agreed to try lers whose health suffered as a result of cluded based on new science as it be- and send this back over to the other their time in the mines and mills. comes available. This legislation re- body and work together to get it en- Mr. Speaker, the bottom line is that vises the act to address those defi- acted. The gentleman is correct that this legislation, like all others, is the ciencies that we now know exist due to further work needs to be done, but this result of the efforts of many to obtain information and scientific data re- is a great improvement. a common goal. I am confident that cently gathered. Mr. Speaker, I reserve the balance of the changes in eligibility require- The bill before us today contains a my time. ments, amount of working level expo- manager’s amendment which embodies Mr. CANNON. Mr. Speaker, I yield sure, medical documentation, addition language worked out between the ma- myself such time as I may consume. of fallout compensation, consideration jority and the minority of the Com- Mr. Speaker, I thank the gentleman of Native American law, and addition mittee on the Judiciary concerning at- from Massachusetts (Mr. FRANK) for of millers and transport workers to torneys fees and technical and con- his comments. Did the gentleman not those eligible for compensation will forming changes. The attorneys fees have someone who wanted to speak on make a real difference to those who provision has been changed from a 2 his side? quietly served their country in the ura- percent restriction on attorneys fees to Mr. FRANK of Massachusetts. Mr. nium mines of the West. 2 percent restriction on attorneys fees Speaker, if the gentleman would yield, Finally, I want to thank the gen- if only one application needs to be sub- I appreciate his solicitude; but I do not tleman from Illinois (Chairman HYDE), mitted under the act after enactment, have subpoena power and there is no- the gentleman from Texas (Mr. SMITH), a 10 percent restriction on attorneys body here. There are some people who the subcommittee chairman, and sub- fees if more than one application needs are going to submit statements. There committee staffer Cindy Blackstone to be submitted under the act after en- were people who wanted to come, but for their support and assistance in actment, and a 10 percent restriction they were called to votes elsewhere. moving this legislation. on attorneys fees for any cases where a Mr. CANNON. Mr. Speaker, reclaim- Mr. Speaker, I reserve the balance of contract for services is already in place ing my time, I received a communica- my time. prior to enactment. tion from the gentleman from New Mr. FRANK of Massachusetts. Mr. This legislation is supported by the Mexico (Mr. SKEEN), my friend and col- Speaker, I yield myself such time as I Navajo RECA Reform Working Group, league and tireless worker on this bill. may consume. the Pueblo of Acoma, the Colorado Pla- I would like to summarize some of his Mr. Speaker, first, I join in the de- teau Uranium Workers, and the West- comments. served accolades for Cindy Blackstone ern States RECA Reform Coalition. Mr. Speaker, the gentleman from for her work, because there was a little Mr. Speaker, I understand that the New Mexico and I both want to thank glitch that she helped iron out. And I Radiation Exposure Compensation Act several people for their involvement in note that the gentleman from New is an ongoing piece of legislation. It is this bill. First of all, Mr. Hicks and his Mexico (Mr. UDALL) had intended to likely that as we learn and document wife, Mr. Paul Hicks and his wife, make a statement. He was called to a more of the effects of radiation expo- Delfina Hicks. I am confident that committee vote, and I know under Gen- sure, we will once again revisit the Paul, who has since passed away, is eral Leave he will be submitting a issue. In particular, I recognize there looking down on the floor of the House statement. are other counties where people believe today and smiling on the fruits of his Mr. Speaker, I yield back the balance they should be included. I am com- tireless efforts. of my time. mitted to helping these counties docu- Paul, who was from Grants, New Mr. CANNON. Mr. Speaker, I yield ment the extent of their problems and Mexico, was first a uranium miner, myself such time as I may consume. amending the act again if we come to then a lead miner, a shift boss, and Mr. Speaker, the gentleman from realize that they should be covered. I then finally a mine foreman. However, New Mexico (Mr. UDALL) was going to look forward to working with members his most important work was saved for speak on the floor. I had hoped that we of the other body, the gentleman from post-retirement when he began his tire- would have the opportunity to have a Illinois (Chairman HYDE) and others to less efforts to amend the Radiation Ex- colloquy. TOM is the son of Stewart continue to improve the Radiation Ex- posure Compensation Act, by serving Udall, who was the visionary lawyer posure Compensation Act. as the president of the New Mexico who brought the lawsuits in the first This legislation will probably allow Uranium Workers Council and sacri- case for the downwinders and others compensation to go to approximately ficing his time and finances to help and that resulted in the legislation 9,600 individuals who lost their health, others. Those efforts are directly re- that is before us. and in many cases their lives, working flected in the legislation before us I have always felt close to TOM in to further this country’s nuclear de- today. particular. He is a Westerner, but I had fense program. These people and their While Paul was a vocal and effective the great privilege of serving in my families need our help now. voice for the plight of the uranium first legal job in Washington, DC, as a Mr. Speaker, I urge my colleagues to miners and millers, he had lots of sup- clerk to Mr. Stewart Udall on this very support this legislation. port from those on whose behalf he case. And so I take this back over 2 Mr. Speaker, I reserve the balance of fought, numerous individuals in the decades when I first began. I will say my time. private and political realm who worked that having read all of the documenta- Mr. FRANK of Massachusetts. Mr. towards the same goal. tion of all the meetings that were held Speaker, I yield myself such time as I Former Congressman Bill Redmond as it related to the downwinders and may consume. introduced the legislation on which the potential injury that was caused by Mr. Speaker, as is often the case, I much of S. 1515 is modeled and which our efforts, often covert during the find myself in substantial agreement resulted in the legislation the gen- Cold War, to expand our knowledge and with what my colleague had just said. tleman from New Mexico (Mr. SKEEN) understanding and our stores of nu- And in what is not often enough the introduced in this Congress, H.R. 1516. clear weapons, that we as a Nation

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12533 have a serious obligation to the people Expands coverage to include uranium mil- neys’ fees to 2%. While I generally do not who suffered, sometimes ignorantly, lers in addition to miners; support limitations on attorneys’ fees, I will not but nevertheless with serious disease Expands current criteria for victims of radi- oppose the compromise language in the man- and life-threatening, in fact, life-end- ation exposure to include a wider variety of ager’s amendment that was reached between ing health problems; that we as a Na- covered cancers. Representatives FRANK, SMITH, and HYDE. The tion owe those people what this bill al- Although I support these improvements, the compromise language reduces the 10% limita- lows for. bill I introduced in the House last year would tion on attorneys’ fees in the bill to 2%, but re- Mr. Speaker, it is people like Stewart have done much more to provide justice for tains the 10% limitation in existing cases and Udall who saw the problem and worked the victims of radiation-induced diseases. The in cases where there is a resubmission of a tirelessly to move that problem for- bill we are voting on today must be accepted denied claim. ward. or rejected in total, without any amendments. Ms. JACKSON-LEE of Texas. Mr. Speaker, b 1145 As the Judiciary Committee stated at their the bill before us today is important because So I think this bill and this amend- markup of the bill, RECA is a work in it relieves suffering and pain that is brought on ment should be a tribute to Mr. Stew- progress. Therefore, in order to ensure imme- by illness. Illness that was contracted due to art Udall, the father of the gentleman diate and badly needed improvements in the activity by the United States government. S. from New Mexico (Mr. UDALL). RECA program, I support the Senate bill. 1515, the ‘‘Radiation Exposure Compensation Mr. Speaker, I yield to the gentleman However, we all agree and recognize that im- Act Amendments of 1999.’’ On October 15, from Massachusetts (Mr. FRANK). provements need to be made to the Radiation 1990, Congress passed the Radiation Expo- Mr. FRANK of Massachusetts. Mr. Exposure Compensation Act. I am especially sure Compensation Act of 1990 (RECA), Speaker, just to once again agree with concerned that uranium workers employed be- which provided for compassionate payments the gentleman from Utah (Mr. CAN- tween 1971 to 1990 are not covered under to individuals who suffered from specified dis- NON), and I can attest to Mr. Stewart this bill nor under current law and that the eases presumably as a result of exposure to Udall’s continued vigor and use of the level of compensation remains at $100,000. radiation in connection with the federal gov- telephone from personal experience. My bill would have increased compensation ernment’s nuclear weapons testing program. Mr. UDALL of New Mexico. Mr. Speaker, I to $200,000, which more fairly covers the Among those eligible for compensation under speak today in support of S. 1515, the Radi- medical expenses, hardships, and lost income the Act are individuals who were employed in ation Exposure Compensation Act Amend- to the victims. My bill also contained provi- underground uranium mines in Arizona, Colo- ments of 2000. This revision is an important sions to address victims of experiments who rado, New Mexico, Utah or Wyoming during step in improving the program to compensate were exposed to radiation without their con- the 1947 to 1971 time period, who were ex- uranium workers, atomic veterans, and those sent, and would have shifted the burden of posed to specified minimum levels of radon, who were exposed to fallout from atmospheric proof off the victims onto the Government. and who contracted specified lung disorders. testing of nuclear weapons. Other changes in my bill would have removed The Department of Justice administers the In 1990, Congress first accepted responsi- the smoking distinction, and included workers bility for the cancers caused by exposure to RECA through the Radiation Exposure Pro- exposed after 1971. Especially important was gram. radioactive materials from our nuclear pro- the requirement to take into consideration and The bill before us today, The Radiation Ex- grams. The Radiation Exposure Compensation incorporate, to the fullest extend feasible, the posure Compensation Act Amendments of Act (RECA) provided payments to individuals compensation claims process for Navajo 1999, would reform and expand the 1990 law who suffered from diseases as a result of their claimants to conform to Navajo law, tradition, which was enacted to provide fair and swift exposure to radiation in connection with the and customs. For example, claims should be compensation for those miners and federal government’s nuclear weapons pro- based on traditional ties of family. downwinders who contracted certain radiation- gram. Although the original legislation was a One of the champions in this fight was a related illnesses. Primary changes to RECA good first step, the existing compensation pro- man by the name of Paul Hicks. He passed outlined in this bill include: expanding the list gram has proven to place an additional burden away recently and is unable to be with us and of compensable diseases to include new can- on the radiation victims. Progress on imple- witness this victory. I also want to thank the cers, including leukemia, thyroid and brain menting RECA has been impeded by criteria Navajo Nation, President Kelsey A. Begaye, cancer. It also includes certain non-cancer dis- for compensation that is far more stringent Vice-President Taylor McKenzie, Speaker Ed- than for other groups for which compensation eases, including pulmonary fibrosis. Medical ward T. Begay, Mr. Phillip Harrison, Mr. Gil- is provided. science has been able to link these diseases bert Badoni, Mrs. Sarah Benally, and Mr. These brave workers were essential to our to uranium mining in the 10 years since the Melton Martinez and all the others who have national security efforts. The U.S. Atomic En- enactment of the original RECA. ergy Commission was the sole purchaser of worked so hard on this effort. The Navajos are taught to respect, honor, This bill is a positive step in the right direc- the uranium ore and knew in the early 1950’s and take care of their elders. We can do no tion. However, I do have several concerns. that levels of radon and uranium dust in the The first is to point out that the Congressional mines were unhealthy. We also knew atmos- less. Many of these workers are now dying. They desperately need justice. They cannot Budget Office has scored this at almost $1 bil- pheric fallout was dangerous. These brave lion over the course of five years. The CBO people, the uranium miners, millers, and trans- afford to wait for Congress to act. We need to pass this bill. Justice delayed is justice denied. has estimated that this bill will cost $500 mil- porters, and the ‘‘downwinders’’ were used as lion in the next three years. If this bill is going atomic guinea pigs. The United States owes a Mr. CONYERS. Mr. Speaker, I strongly sup- port S. 1515, ‘‘The Radiation Exposure Com- to pass, then the appropriators must do their debt of gratitude to the workers and their fami- job to ensure that the RECA fund has enough lies who unknowingly sacrificed their health to pensation Act Amendments of 2000,’’ which updates the 1990 law that currently com- money to administer these claims, and relieve help win the Cold War. I have listened to the suffering of these claimants. many of these victims, who have bravely pensates individuals exposed to radiation by When RECA was initially passed in 1990, fought their cancers and the U.S. Government either being downwind of a nuclear test blast for justice. or by being involved in the mining of uranium the principal authors of the legislation recog- The Senate bill addresses some, not all, ore during the Cold War. nized that the federal government owed a spe- concerns with the current RECA program. Mr. Uranium is used by our Government in the cial duty under RECA to the Navajo uranium HATCH’s bill revises RECA in the following production of nuclear weapons. This legisla- miners due to the violation during the mining ways: tion increases the number of radiogenic and operations of the government’s trust respon- Includes residents of areas where atmos- chronic diseases compensable under the Act. sibilities. Thousands of men who were mem- pheric nuclear testing was conducted; The bill also increases the number of indi- bers of the Navajo nation who worked in these Streamlines current payments schedules by vidual and states eligible for compensation mines not only were uniformed of the extreme requiring the government to pay compensation based on scientific and medical information dangers of uranium (which is harmful if to eligible victims within six weeks; gathered over the past decade. touched, inhaled, or digested), but were or- Authorizes a grant program to provide for I would like to address the issue of attor- dered into the mine by the American contrac- the early detection, prevention, and education neys’ fees in the bill. The original version of tors immediately after blasting, when uranium of diseases caused by radiation exposure; the bill reduces the 10% limitation on attor- dust was thick in the air. Headaches and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.000 H27JN0 12534 CONGRESSIONAL RECORD—HOUSE June 27, 2000 nosebleeds resulted, and many of these Nav- small business concern, other than loans anteed by the Administration under section ajo miners still suffer the long term effects of meeting the criteria specified in section 503. ‘‘(b) ELIGIBILITY FOR DELEGATION.— their experience. 501(d)(3), which shall be limited to $1,300,000 ‘‘(1) REQUIREMENTS.—A qualified State or S. 1515 requires the Department of Justice for each such identifiable small business con- cern.’’. local development company shall be eligible to take Native American law and customs into SEC. 4. FEES. for a delegation of authority under sub- account when deciding these claims. This leg- Section 503(f) of the Small Business Invest- section (a) if— islation also directs the Justice Department to ment Act of 1958 (15 U.S.C. 697(f)) is amended ‘‘(A) the company— ‘‘(i) has participated in the loan liquida- be more attuned to the culture and customs of to read as follows: tion pilot program established by the Small American Indian claimants. ‘‘(f) EFFECTIVE DATE.—The fees authorized Business Programs Improvement Act of 1996 Since the RECA trust fund began making by subsections (b) and (d) shall apply to any (15 U.S.C. 695 note), as in effect on the day financing approved by the Administration awards in 1992, the Justice Department has before the date of issuance of final regula- during the period beginning on October 1, approved a total of 3,135 claims valued at tions by the Administration implementing 1996 and ending on September 30, 2003.’’. nearly $232 million. In New Mexico, there this section; have been 371 claims approved with a value SEC. 5. PREMIER CERTIFIED LENDERS PRO- ‘‘(ii) is participating in the Premier Cer- GRAM. of nearly $37 million. The Radiation Exposure tified Lenders Program under section 508; or Section 217(b) of the Small Business Ad- ‘‘(iii) during the 3 fiscal years immediately Compensation Trust Fund is designed to com- ministration Reauthorization and Amend- pensate victims and their families who were prior to seeking such a delegation, has made ments Act of 1994 (15 U.S.C. 697e note) is re- an average of not fewer than 10 loans per affected by radiation fall-out from open air nu- pealed. year that are funded with the proceeds of de- clear testing and radiation mining from the SEC. 6. SALE OF CERTAIN DEFAULTED LOANS. bentures guaranteed under section 503; and 1950s through the 1970s. This legislation ex- Section 508 of the Small Business Invest- ‘‘(B) the company— tends the trust fund and establishes a grant ment Act of 1958 (15 U.S.C. 697e) is amended— ‘‘(i) has 1 or more employees— program to states for education, prevention, (1) in subsection (a), by striking ‘‘On a ‘‘(I) with not less than 2 years of sub- and early detection of radiogenic cancers and pilot program basis, the’’ and inserting stantive, decision-making experience in ad- diseases. ‘‘The’’; ministering the liquidation and workout of This is a good bill and I fully support its pas- (2) by redesignating subsections (d) though problem loans secured in a manner substan- (i) as subsections (e) though (j), respectively; tially similar to loans funded with the pro- sage. (3) in subsection (f) (as redesignated by ceeds of debentures guaranteed under section The SPEAKER pro tempore (Mr. paragraph (2)), by striking ‘‘subsection (f)’’ 503; and LAHOOD). The question is on the mo- and inserting ‘‘subsection (g)’’; ‘‘(II) who have completed a training pro- tion offered by the gentleman from (4) in subsection (h) (as redesignated by gram on loan liquidation developed by the Utah (Mr. CANNON) that the House sus- paragraph (2)), by striking ‘‘subsection (f)’’ Administration in conjunction with qualified pend the rules and pass the Senate bill, and inserting ‘‘subsection (g)’’; and State and local development companies that S. 1515, as amended. (5) by inserting after subsection (c) the fol- meet the requirements of this paragraph; or lowing: ‘‘(ii) submits to the Administration docu- The question was taken; and (two- mentation demonstrating that the company thirds having voted in favor thereof) ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— ‘‘(1) NOTICE.— has contracted with a qualified third-party the rules were suspended and the Sen- ‘‘(A) IN GENERAL.—If, upon default in re- to perform any liquidation activities and se- ate bill, as amended, was passed. payment, the Administration acquires a loan cures the approval of the contract by the Ad- A motion to reconsider was laid on guaranteed under this section and identifies ministration with respect to the qualifica- the table. such loan for inclusion in a bulk asset sale of tions of the contractor and the terms and conditions of liquidation activities. f defaulted or repurchased loans or other financings, the Administration shall give ‘‘(2) CONFIRMATION.—On request, the Ad- CERTIFIED DEVELOPMENT COM- prior notice thereof to any certified develop- ministration shall examine the qualifica- PANY PROGRAM IMPROVEMENTS ment company that has a contingent liabil- tions of any company described in subsection ACT OF 2000 ity under this section. (a) to determine if such company is eligible ‘‘(B) TIMING.—The notice required by sub- for the delegation of authority under this Mrs. KELLY. Mr. Speaker, I move to paragraph (A) shall be given to the certified section. If the Administration determines suspend the rules and agree to the reso- development company as soon as possible that a company is not eligible, the Adminis- lution (H. Res. 533) providing for the after the financing is identified, but not tration shall provide the company with the concurrence by the House with an later than 90 days before the date on which reasons for such ineligibility. ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— amendment in the amendment of the the Administration first makes any record ‘‘(1) IN GENERAL.—Each qualified State or on such financing available for examination Senate to H.R. 2614. local development company to which the Ad- by prospective purchasers prior to its offer- The Clerk read as follows: ministration delegates authority under sub- ing in a package of loans for bulk sale. H. RES. 533 section (a) may, with respect to any loan de- ‘‘(2) LIMITATIONS.—The Administration scribed in subsection (a)— Resolved, That upon the adoption of this may not offer any loan described in para- ‘‘(A) perform all liquidation and fore- resolution the House shall be considered to graph (1)(A) as part of a bulk sale, unless the closure functions, including the purchase in have taken from the Speaker’s table the bill Administration— H.R. 2614, with the amendment of the Senate accordance with this subsection of any other ‘‘(A) provides prospective purchasers with indebtedness secured by the property secur- thereto, and to have concurred in the amend- the opportunity to examine the records of ment of the Senate with an amendment as ing the loan, in a reasonable and sound man- the Administration with respect to such ner, according to commercially accepted follows: loan; and In lieu of the matter proposed to be in- practices, pursuant to a liquidation plan ap- ‘‘(B) provides the notice required by para- proved in advance by the Administration serted by the amendment of the Senate, in- graph (1).’’. sert the following: under paragraph (2)(A); SEC. 7. LOAN LIQUIDATION. ‘‘(B) litigate any matter relating to the SECTION 1. SHORT TITLE. (a) LIQUIDATION AND FORECLOSURE.—Title V performance of the functions described in This Act may be cited as the ‘‘Certified De- of the Small Business Investment Act of 1958 subparagraph (A), except that the Adminis- velopment Company Program Improvements (15 U.S.C. 695 et seq.) is amended by adding tration may— Act of 2000’’. at the end the following: ‘‘(i) defend or bring any claim if— SEC. 2. WOMEN-OWNED BUSINESSES. ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF ‘‘(I) the outcome of the litigation may ad- Section 501(d)(3)(C) of the Small Business LOANS. versely affect management by the Adminis- Investment Act of 1958 (15 U.S.C. 695(d)(3)(C)) ‘‘(a) DELEGATION OF AUTHORITY.—In accord- tration of the loan program established is amended by inserting before the comma ance with this section, the Administration under section 502; or ‘‘or women-owned business development’’. shall delegate to any qualified State or local ‘‘(II) the Administration is entitled to SEC. 3. MAXIMUM DEBENTURE SIZE. development company (as defined in section legal remedies not available to a qualified Section 502(2) of the Small Business Invest- 503(e)) that meets the eligibility require- State or local development company, and ment Act of 1958 (15 U.S.C. 696(2)) is amended ments of subsection (b)(1) of this section the such remedies will benefit either the Admin- to read as follows: authority to foreclose and liquidate, or to istration or the qualified State or local de- ‘‘(2) LOAN LIMITS.—Loans made by the Ad- otherwise treat in accordance with this sec- velopment company; or ministration under this section shall be lim- tion, defaulted loans in its portfolio that are ‘‘(ii) oversee the conduct of any such liti- ited to $1,000,000 for each such identifiable funded with the proceeds of debentures guar- gation; and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12535 ‘‘(C) take other appropriate actions to under subparagraph (A)(ii)(II), (B)(ii)(II), or period preceding the date on which the re- mitigate loan losses in lieu of total liquida- (C)(ii)(II)— port is submitted; and tion or foreclosure, including the restruc- ‘‘(i) shall be in writing; ‘‘(ii) the same information with respect to turing of a loan in accordance with prudent ‘‘(ii) shall state the specific reason for the loans foreclosed and liquidated, or otherwise loan servicing practices and pursuant to a inability of the Administration to act on the treated, by the Administration during the workout plan approved in advance by the Ad- subject plan or request; same period; and ministration under paragraph (2)(C). ‘‘(iii) shall include an estimate of the addi- ‘‘(E) the number of times that the Admin- ‘‘(2) ADMINISTRATION APPROVAL.— tional time required by the Administration istration has failed to approve or reject a liq- ‘‘(A) LIQUIDATION PLAN.— to act on the plan or request; and uidation plan in accordance with subsection ‘‘(i) IN GENERAL.—Before carrying out func- ‘‘(iv) if the Administration cannot act be- (c)(2)(A) or a workout plan in accordance tions described in paragraph (1)(A), a quali- cause insufficient information or docu- with subsection (c)(2)(C), or to approve or fied State or local development company mentation was provided by the company sub- deny a request for purchase of indebtedness shall submit to the Administration a pro- mitting the plan or request, shall specify the under subsection (c)(2)(B), including specific posed liquidation plan. nature of such additional information or doc- information regarding the reasons for the ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— umentation. failure of the Administration and any delay ‘‘(I) TIMING.—Not later than 15 business ‘‘(3) CONFLICT OF INTEREST.—In carrying that resulted.’’. days after a liquidation plan is received by out functions described in paragraph (1), a (b) REGULATIONS.— the Administration under clause (i), the Ad- qualified State or local development com- (1) IN GENERAL.—Not later than 150 days ministration shall approve or reject the plan. pany shall take no action that would result after the date of enactment of this Act, the ‘‘(II) NOTICE OF NO DECISION.—With respect in an actual or apparent conflict of interest Administrator shall issue such regulations to any liquidation plan that cannot be ap- between the company (or any employee of as may be necessary to carry out section 510 proved or denied within the 15-day period re- the company) and any third party lender (or of the Small Business Investment Act of quired by subclause (I), the Administration any associate of a third party lender) or any 1958, as added by subsection (a) of this sec- shall, during such period, provide notice in other person participating in a liquidation, tion. accordance with subparagraph (E) to the foreclosure, or loss mitigation action. (2) TERMINATION OF PILOT PROGRAM.—Effec- ‘‘(d) SUSPENSION OR REVOCATION OF AU- company that submitted the plan. tive on the date on which final regulations THORITY.—The Administration may revoke ‘‘(iii) ROUTINE ACTIONS.—In carrying out are issued under paragraph (1), section 204 of or suspend a delegation of authority under functions described in paragraph (1)(A), a the Small Business Programs Improvement this section to any qualified State or local qualified State or local development com- Act of 1996 (15 U.S.C. 695 note) shall cease to development company, if the Administration pany may undertake any routine action not have legal effect. addressed in a liquidation plan without ob- determines that the company— taining additional approval from the Admin- ‘‘(1) does not meet the requirements of sub- SEC. 8. FUNDING LEVELS FOR CERTAIN istration. section (b)(1); FINANCINGS UNDER THE SMALL BUSINESS INVESTMENT ACT OF 1958. ‘‘(B) PURCHASE OF INDEBTEDNESS.— ‘‘(2) has violated any applicable rule or reg- Section 20 of the Small Business Act (15 ‘‘(i) IN GENERAL.—In carrying out functions ulation of the Administration or any other described in paragraph (1)(A), a qualified applicable provision of law; or U.S.C. 631 note) is amended by adding at the State or local development company shall ‘‘(3) has failed to comply with any report- end the following: submit to the Administration a request for ing requirement that may be established by ‘‘(g) PROGRAM LEVELS FOR CERTAIN SMALL written approval before committing the Ad- the Administration relating to carrying out BUSINESS INVESTMENT ACT OF 1958 ministration to the purchase of any other in- functions described in subsection (c)(1). FINANCINGS.—The following program levels debtedness secured by the property securing ‘‘(e) REPORT.— are authorized for financings under section a defaulted loan. ‘‘(1) IN GENERAL.—Based on information 504 of the Small Business Investment Act of ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— provided by qualified State and local devel- 1958: ‘‘(I) TIMING.—Not later than 15 business opment companies and the Administration, ‘‘(1) $4,000,000,000 for fiscal year 2001. days after receiving a request under clause the Administration shall annually submit to ‘‘(2) $5,000,000,000 for fiscal year 2002. (i), the Administration shall approve or deny the Committees on Small Business of the ‘‘(3) $6,000,000,000 for fiscal year 2003.’’. the request. House of Representatives and the Senate a The SPEAKER pro tempore. Pursu- report on the results of delegation of author- ‘‘(II) NOTICE OF NO DECISION.—With respect ant to the rule, the gentlewoman from to any request that cannot be approved or ity under this section. New York (Mrs. KELLY) and the gentle- denied within the 15-day period required by ‘‘(2) CONTENTS.—Each report submitted subclause (I), the Administration shall, dur- under paragraph (1) shall include— woman from New York (Ms. ing such period, provide notice in accordance ‘‘(A) with respect to each loan foreclosed VELA´ ZQUEZ) each will control 20 min- with subparagraph (E) to the company that or liquidated by a qualified State or local de- utes. submitted the request. velopment company under this section, or The Chair recognizes the gentle- for which losses were otherwise mitigated by ‘‘(C) WORKOUT PLAN.— woman from New York (Mrs. KELLY). the company pursuant to a workout plan ‘‘(i) IN GENERAL.—In carrying out functions Mrs. KELLY. Mr. Speaker, I yield described in paragraph (1)(C), a qualified under this section— State or local development company shall ‘‘(i) the total cost of the project financed myself as much time as I may con- submit to the Administration a proposed with the loan; sume. workout plan. ‘‘(ii) the total original dollar amount guar- Mr. Speaker, the resolution before us ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— anteed by the Administration; returns H.R. 2614, the Certified Devel- ‘‘(I) TIMING.—Not later than 15 business ‘‘(iii) the total dollar amount of the loan at opment Companies Improvement Act days after a workout plan is received by the the time of liquidation, foreclosure, or miti- to the Senate. The House originally gation of loss; Administration under clause (i), the Admin- passed H.R. 2614 last August by a voice istration shall approve or reject the plan. ‘‘(iv) the total dollar losses resulting from vote. ‘‘(II) NOTICE OF NO DECISION.—With respect the liquidation, foreclosure, or mitigation of to any workout plan that cannot be approved loss; and The resolution before us will accept or denied within the 15-day period required ‘‘(v) the total recoveries resulting from the one of the four Senate amendments by subclause (I), the Administration shall, liquidation, foreclosure, or mitigation of added during Senate consideration of during such period, provide notice in accord- loss, both as a percentage of the amount H.R. 2614 2 weeks ago. The amendment ance with subparagraph (E) to the company guaranteed and the total cost of the project authorizes the 504 program for 3 more financed; that submitted the plan. years, through fiscal 2003. The resolu- ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In ‘‘(B) with respect to each qualified State or carrying out functions described in para- local development company to which author- tion rejects the other three Senate graph (1)(A), a qualified State or local devel- ity is delegated under this section, the totals amendments. opment company may— of each of the amounts described in clauses The three rejected amendments in- ‘‘(i) consider an offer made by an obligor to (i) through (v) of subparagraph (A); cludes language that the House cannot compromise the debt for less than the full ‘‘(C) with respect to all loans subject to accept. amount owing; and foreclosure, liquidation, or mitigation under The first rejected amendment would ‘‘(ii) pursuant to such an offer, release any this section, the totals of each of the transfer funds from the DELTA loan obligor or other party contingently liable, if amounts described in clauses (i) through (v) the company secures the written approval of of subparagraph (A); program and the guaranteed microloan the Administration. ‘‘(D) a comparison between— program to the 7(a) loan program. ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— ‘‘(i) the information provided under sub- While we understand the need for the Any notice provided by the Administration paragraph (C) with respect to the 12-month transfer, the amendment violates the

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12536 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Committee on the Budget and the Com- The 504 program is one of the most Mr. Speaker, I urge my colleagues to mittee on Appropriations rules since important small business loan pro- support this legislation. the funds have dissimilar outlay rates. grams administered by the Small Busi- Mr. Speaker, I reserve the balance of The second rejected amendment ness Administration. It represents ac- my time. mandates that, if certain outstanding cess to capital for countless entre- Mrs. KELLY. Mr. Speaker, I have no 504 license applications are not acted preneurs who might not otherwise have additional speakers, so I reserve my upon within 21 days, those licenses a chance to turn their dreams into re- right to close. shall be deemed approved. ality. Since 1980, over 25,000 businesses Ms. VELA´ ZQUEZ. Mr. Speaker, I While we agree that the delay at the have received more than $20 billion in yield such time as he may consume to SBA is unconscionable, Congress fixed-asset financing through the 504 the gentleman from Illinois (Mr. should not be in the position of, when- program. DAVIS). ever executive branch inaction arises, Mr. Speaker, in August of last year, Mr. DAVIS of Illinois. Mr. Speaker, stepping in to do their jobs for them. It the House passed a clean bipartisan bill first of all, I want to commend the gen- sets an unhealthy precedent and opens to reauthorize the 504 loan program. tleman from Missouri (Chairman TAL- a Pandora’s box. That original House bill, which passed ENT) and the gentlewoman from New The third rejected amendment under suspension of the rules, was sup- York (Ms. VELA´ ZQUEZ), ranking mem- changes certain eligibility standards ported by the administration as well as ber, as well as the gentlewoman from for the HUBZone contracting program. by small businesses and the partici- New York (Mrs. KELLY) and all of the Regardless of its merits, this amend- pating lenders. other members of the Committee on ment is best discussed as part of the The changes made to the legislation Small Business for the outstanding bi- larger reauthorization legislation. It streamlined the program, and they also partisan way in which this committee has no bearing on H.R. 2614 and is best recognized the role that women-owned conducts its business. We can all see discussed with similar provisions in the businesses play in the economy by that, when people work together that reauthorization currently being nego- making lending to women owners a way, there are results, and they are re- tiated with the Senate. public policy priority. In addition, the sults which can be measured. So I rise Mr. Speaker, I ask my colleagues to bill increased the loan sizes from in strong support of this resolution. support the House version of H.R. 2614. $750,000 to $1 million to keep the pace Over the past 20 years, the 504 pro- It amends the Small Business Invest- with inflation and allow more busi- gram has clearly been one of the real ment Act to make changes in the nesses the access to the critical capital success stories in business develop- Small Business Administration’s sec- they need to expand their business. ment. As many on the committee tion 504 loan program without adding These changes in the program rep- know, the 504 program is a completely resent reasonable improvements to up- any unnecessary language or issues. fee-generated program and is not sup- The 504 program guarantees small date the program, making it more re- ported by any Federal funds. So we are business loans for construction and sponsive to the needs of lenders and not really talking about dipping into small businesses alike. renovation and provides nearly $3 bil- the Treasury. We are talking about Ten months later, we have received a lion of financial assistance every year. making something work as part of bill from the other body that includes It is an important program that needs several nonrelated provisions, some business and economic development. Due to the success of the program, our unencumbered support. that could potentially be harmful. H.R. 2614 makes five basic changes to this bill will extend the current fee sys- These changes include reallocating the 504 program. It increases the max- funding to help the 7(a) program. While tem for the program until October 1, imum debenture size for section 504 this is a critical need, the language 2003. The bill will also increase the loan loans from $750,000 to $1 million and will constitute appropriating on an au- guarantee from $750,000 to $1 million. the size of public policy debenture- thorizing bill. The legislation would Of course, Mr. Speaker, as we all backed loans from $1 million to $1.3 also expand the HUBZone program to know, it will benefit women-owned million. It adds women-owned busi- allow those businesses that no longer businesses, and women-owned busi- nesses to the current list of businesses reside in low-income areas to continue nesses currently employ 18.5 million eligible for the larger public policy in the program. This change is con- United States workers and contribute loans up to $1.3 million, continuing our trary to the intention of the HUBZone more than $3.38 trillion annually to the efforts to increase assistance to program and further dilutes its mis- economy. As a result, the 504 program women-owned businesses. sion. increases the amount of loan guarantee It will reauthorize the fees for the Finally, the legislation will remove available to women-owned businesses. program which keep the 504 program at decision-making power regarding cer- But most importantly, I think this a zero subsidy rate, covering all the tain program licenses from the regu- bill is affirmation and a testament to costs resulting in no cost to the tax- lators at SBA. This represents micro- the idea that, when people come to- payer. managing at its worst. gether and work for the common inter- H.R. 2614 will also grant permanent Moreover, these changes divert us ests, it does not matter which party status to the Preferred Certified Lend- from the original purpose of the 504 they come from, which area of the er Program before it sunsets at the end program which must be reauthorized country, which city, what their real of fiscal year 2000. Finally, to improve quickly to ensure that it continues to philosophies and ideas are, other than recovery rates on defaulting 504 loans, provide access to critical capital for if they come to work together, they H.R. 2614 makes the Loan Liquidation our Nation’s small businesses. can arrive at a common direction and a Pilot Program a permanent program. Mr. Speaker, the 504 program serves common success. Of course that direc- Mr. Speaker, I again want to urge my as an engine of our economic develop- tion and success means providing cap- colleagues to support the House ment. I have seen its effect on a com- ital and direct services to the busi- amendment to H.R. 2614. It would mean munity. In my district, Les Fres Ford, nesses that need it. a significant improvement in services a car dealership, is using a 504 loan to So, once again, I want to commend to their small business constituents. better serve its customers and to ex- the gentleman from Missouri (Chair- Mr. Speaker, I reserve the balance of pand its business. It will also bring up man TALENT); the gentlewoman from my time. to 50 new jobs to the community. These New York (Ms. VELA´ ZQUEZ), the rank- Ms. VELA´ ZQUEZ. Mr. Speaker, I are good-paying jobs that will help ing member; and all members of the yield myself such time as may con- families in the community I represent. Committee on Small Business for an sume. This is just one example of the success outstanding job well done that will Mr. Speaker, as a strong supporter of that is taking place across this coun- benefit businesses in America. SBA 504 loan programs, I rise in sup- try, making the 504 program one of the Ms. VELA´ ZQUEZ. Mr. Speaker, I port of House Resolution 533. SBA’s bedrock programs. yield such time as she may consume to

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12537 the gentlewoman from the Virgin Is- b 1200 and for it to be signed. I do understand lands (Mrs. CHRISTENSEN). Ms. VELA´ ZQUEZ. Mr. Speaker, I that we have responded to some modi- Mrs. CHRISTENSEN. Mr. Speaker, I yield 3 minutes to the gentlewoman fications that need to be made in order also want to join the gentleman from from Texas (Ms. JACKSON-LEE). to improve the bill; so I, therefore, ap- Illinois (Mr. DAVIS) in commending the Ms. JACKSON-LEE of Texas. Mr. plaud its passage and I ask my col- gentleman from Missouri (Chairman Speaker, I want to thank the ranking leagues to support the legislation. TALENT) and the gentlewoman from member, the gentlewoman from New Ms. VELA´ ZQUEZ. Mr. Speaker, I New York (Ms. VELA´ ZQUEZ), ranking York (Ms. VELA´ ZQUEZ) and the gentle- yield myself such time as I may con- member, for their leadership and the woman from New York (Mrs. KELLY), sume. bipartisan way in which they guide our who I know has been, along with Mem- Oftentimes in a debate the question committee, and to also commend the bers of the Women’s Caucus, very is asked, are we giving taxpayers good gentlewoman from New York (Mrs. strong on the issues of small business, value for their dollars. I would say to KELLY) for her leadership as well. along with the chairman, the gen- my colleagues that the 504 program, Mr. Speaker, today I rise in support tleman from Missouri (Mr. TALENT), for which is totally run on fees, with no of H.R. 2614 to reauthorize and improve reauthorizing this legislation. cost to the taxpayers, is a perfect ex- upon the Small Business 504 program. I came to the floor because I cannot ample of where the taxpayer clearly This program is considered one of the think of a greater economic engine in gets his money’s worth. It is also a premier small business loan programs this Nation than small businesses. The good example of how best to spur en- administered by the Small Business 504 loan program and the increase of trepreneurship, because we know that Administration. loan opportunity from $750,000 to $1 access to capital is access to oppor- Mr. Speaker, the 504 program is a million is going to take us leaps and tunity. completely fee-generated program and bounds into the 21st century. With today’s reauthorization we are is not supported by Federal funds. Its We have had some vigorous debates ensuring that the 504 program will con- work is done through certified commu- on the floor of the House over these tinue to be available to provide loans nity development corporations. past couple of months. A lot of them to the small businesses that are the I am particularly proud of the work have involved the idea of trade and driving force behind America’s unprec- that is done in my district by the St. international business. My community edented economic growth. Croix Foundation for Community De- is dominated by small businesses, mi- Mr. Speaker, I want to thank the velopment, the Community Foundation nority-owned businesses and women- chairman of the committee, the gen- owned businesses, and one of their vi- for the Virgin Islands on St. Thomas, tleman from Missouri (Mr. TALENT), and the St. John Community Founda- sions, as they have come to me, is the and the gentlewoman from New York opportunity to reach beyond the tion, who are doing so much to stimu- (Mrs. KELLY) for their hard work on boundaries of the United States. And late economic development for my con- this bill. I would also like to thank the as they are the economic engine of this stituents. staff, Charles Roe and Harry Katrice of Nation, I believe that their counter- Last year, through a strong bipar- the majority, and Michael Day and parts are in various places around the tisan effort, the House passed H.R. 2614. Eric Edwards of my staff, as well as all world. This opportunity of funding Among the various improvements, it the members of the Committee on with a loan program that is reasonably provided for the extension of the cur- Small Business for their bipartisan ef- responsive allows our small businesses rent fee system for the program until forts to reauthorize this loan program. to expand their vision and their oppor- October 1, 2003, an increase of the gov- I urge my colleagues to support this tunities to do international trade. At ernment loan guarantee level from bill. the same time, it continues to reaffirm $750,000 to $1 million. Most impor- Mr. Speaker, I yield back the balance their importance in our economy. tantly, Mr. Speaker, H.R. 2614 added One of the things that small busi- of my time. women to the list of public policy goals nesses ask for when I meet with them Mrs. KELLY. Mr. Speaker, I yield for the 504 program. By doing so, the and dialogue with them on their issues myself such time as I may consume, 504 program increased the amount of is to be given the opportunity to be as and I wish to thank the chairman of government loan guarantees available small as they want to be, but also to be the committee, the gentleman from to women-owned businesses. This is as big as they want to be. So this loan Missouri (Mr. TALENT), for all his ef- very important as one out of five indi- program allows small businesses to forts; and I also want to thank very viduals are employed by women-owned keep the familiarity of a small, a mi- much the ranking Democratic member, businesses. nority-owned, a women-owned busi- the gentlewoman from New York (Ms. ´ However, Mr. Speaker, the Senate in- ness, but it also allows them to grow VELAZQUEZ), for her assistance and co- cluded several unrelated and, in some exponentially with respect to re- operation. It is a hallmark of our com- cases, harmful provisions that would sources, finance, income, and revenue, mittee that we work in such a bipar- delay the passage of this legislation. and that I applaud. tisan way. These changes include, but are not lim- Let me also say that I am very This is solid legislation that we, we ited to, the Senate language that pleased to compliment the regional of- the small business owners of America, would allow Congress to regulate the fice, the local office of the Small Busi- need to have in place. This resolution agency and decide who receives li- ness Administration in my district, supports a clear House position and ac- censes under this program. Mr. Speak- headed by Milton Wilson. That region cepts a reasonable Senate amendment, er, this is an ultimate form of micro- and that locality has utilized its out- and I ask all the Members to support management. reach efforts to ensure that small busi- it. The Senate also included language nesses in the one-stop office and the Ms. MILLENDER-MCDONALD. Mr. Speaker, that would expand the HUBZone pro- general store that has been imple- I rise today in strong support of H. Res. 533. gram to allow businesses that move mented in my district know how to Earlier last year, we passed H.R. 2614 with out of a low-income or underutilized reach out to resources. I am hoping overwhelming bipartisan support. The 504 area to continue to benefit, which is in this legislation will be well announced Certified Development Company is considered clear contradiction to the original in- so that our small businesses are aware one of the premier business loan programs tent of that program. of the increase and the modifications administered by the Small Business Adminis- Mr. Speaker, I urge my colleagues to that have been made in a positive way tration (SBA). Over the past 20 years, the 504 vote to maintain the original intent of so that we can increase the participa- program has clearly been one of the greatest H.R. 2614, which will improve the 504 tion of small businesses in this econ- success stories in business development ef- program and increase the access of this omy. forts made by the Small Business Administra- valuable loan program to more of our This is a good piece of legislation. I tion. It is considered one of the ‘‘best values constituents. am looking forward to its movement for the taxpayers.’’ In that time, we have seen

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.000 H27JN0 12538 CONGRESSIONAL RECORD—HOUSE June 27, 2000 it mature into one of SBA’s bedrock programs, GENERAL LEAVE Jim Quillen served in this House of by providing over $20 billion dollars in assist- Mrs. KELLY. Mr. Speaker, I ask Representatives for 34 years, longer ance to more than 25,000 businesses. Since unanimous consent that all Members than any other Tennesseean has ever 1980, the 290 CDC’s nationwide have pro- may have 5 legislative days within served. He was, for many years, the vided more than $20 billion in fixed asset fi- which to revise and extend their re- ranking member of the Committee on nancing to over 25,000 business concerns. marks on House Resolution 533, the Rules, and at the time of his retire- H.R. 2614 left the House as a good bill, resolution just agreed to. ment was chairman emeritus of the however, the Senate included several unre- The SPEAKER pro tempore. Is there Committee on Rules. lated, and in some way harmful provisions that objection to the request of the gentle- Before he came to this Congress, he will delay the passage of this legislation. The woman from New York? spent 6 years in the general assembly Senate language would have allowed Con- There was no objection. in the State of Tennessee and before that 4 years in the United States Navy gress to regulate the agency and decide who f receives licenses under the 504 program. This in World War II. is the ultimate in micro-managing. Further- SUNDRY MESSAGES FROM THE Jim Quillen had a total of 44 years of more, the language reprogrammed critically PRESIDENT dedicated service to his State and to needed money into the 7(a) program. This Sundry messages in writing from the his Nation, and along the way he was constitutes appropriating on an authorizing bill President of the United States were able to found several successful busi- that will cause serious delays. I believe that communicated to the House by Ms. nesses, the first of which was a news- the most damaging provision put forth by the Wanda Evans, one of his secretaries. paper when he was 19 years of age. He went on to establish real estate, con- Senate is the expansion of the HUBZone pro- f gram to allow businesses that no longer reside struction and insurance businesses in low-income areas to continue to enjoy the JAMES H. QUILLEN UNITED that were very successful down benefits of the program. This is a clear con- STATES COURTHOUSE through the years. Jim Quillen fought hard for many trast and violation to the original intent of the Mr. LATOURETTE. Mr. Speaker, I things for the first district of Ten- program. move to suspend the rules and pass the nessee and for this country. I think his Colleagues, we cannot let these bad provi- bill (H.R. 4608) to designate the United most notable achievement was the sions spoil the good that is in H.R. 2614. The States courthouse located at 220 West good work that he did in helping to bill extends current fee system for the program Depot Street in Greeneville, Tennessee, create a medical school under the until October 1, 2003. As a member of the as the ‘‘James H. Quillen United States Teague-Cranston Act at the Veterans Committee, I know that the 504 program is Courthouse’’. Administration Hospital in Johnson completely fee generated and is not currently The Clerk read as follows: City, Tennessee. It is now in operation. supported by any federal funds. The ‘‘Premier H.R. 4608 It bears his name. It is the James H. Certified Lenders Program’’ was granted per- Be it enacted by the Senate and House of Rep- Quillen College of Medicine, and it has manent status. PCLP is designed to allow es- resentatives of the United States of America in Congress assembled, been a very successful operation for tablished lenders to expedite the loan applica- not only the State of Tennessee but for SECTION 1. DESIGNATION. tion process. This streamlines the process and this Nation in preparing physicians. provides immediate access to funds. I was The United States courthouse located at 220 West Depot Street in Greeneville, Ten- One of the last projects that Jim proud to see that during Committee we raised Quillen worked on in this House of the amount of loan guarantee available from nessee, shall be known and designated as the ‘‘James H. Quillen United States Court- Representatives was this new court- $750,000 to $1,000,000. house’’. house in Greeneville, Tennessee. Mr. One of the vital improvements was the addi- SEC. 2. REFERENCES. Speaker, we outgrew a very beautiful tion of women to the list of public policy goals Any reference in a law, map, regulation, historic old courthouse in downtown for the 504 program. By doing so, the 504 pro- document, paper, or other record of the Greeneville, very near the home of An- gram increased the amount of government United States to the United States court- drew Johnson, who was our 17th Presi- loan guarantee available to women-owned house referred to in section 1 shall be deemed dent. Jim Quillen got appropriations to businesses. As we all know, women-owned to be a reference to the ‘‘James H. Quillen purchase the land for a new courthouse United States Courthouse’’. business are the growth agents of the future. and to design the new courthouse. And Presently they contribute more than $2.38 tril- The SPEAKER pro tempore. Pursu- since his retirement, we have been able lion dollars annually in revenues to the econ- ant to the rule, the gentleman from to get appropriations to complete that omy. This is more than the gross domestic Ohio (Mr. LATOURETTE) and the gentle- courthouse, and it is very near comple- product of most countries. In the United woman from the District of Columbia tion. States, women-owned businesses employ one (Ms. NORTON) each will control 20 min- Jim Quillen’s life and work are a out of every five U.S. workers—a total of 18.5 utes. great American success story, Mr. million employees. The Chair recognizes the gentleman Speaker; and I believe that this would I urge my colleagues to support H. Res. 533 from Ohio (Mr. LATOURETTE). be a very fitting tribute to his lifetime and continue to ensure that the 504 Certified Mr. LATOURETTE. Mr. Speaker, I of hard work for his constituents and Development Company is prepared to con- yield myself such time as I may con- the people of this country. I am proud tinue helping new small businesses, grow ex- sume. of the fact that all nine of the House isting ones, and provide opportunities so that Mr. Speaker, H.R. 4608 designates the Members in the State of Tennessee, all none are not left out of the changing market- new courthouse in Greeneville, Ten- of the Republicans and all the Demo- place. nessee, as the James H. Quillen United crats, are cosponsors of this legisla- Mrs. KELLY. Mr. Speaker, I yield States Courthouse. This is a good bill. tion. I would ask that every Member of back the balance of my time. Mr. Speaker, I yield such time as he this House vote favorably for H.R. 4608. The SPEAKER pro tempore (Mr. may consume to the gentleman from Ms. NORTON. Mr. Speaker, I yield SIMPSON). The question is on the mo- Tennessee (Mr. JENKINS), so that rather myself such time as I may consume. tion offered by the gentlewoman from than me standing here and telling my Mr. Speaker, H.R. 4608 is a bill to des- New York (Mrs. KELLY) that the House colleagues about it, the bill’s primary ignate the Federal Courthouse in suspend the rules and agree to the reso- sponsor and Mr. Quillen’s successor to Greeneville, Tennessee, as the James lution, House Resolution 533. the Congress may do so. H. Quillen United States Courthouse. The question was taken; and (two- Mr. JENKINS. Mr. Speaker, I thank Jim Quillen served with distinction his thirds having voted in favor thereof) the gentleman for yielding me this constituents of the first district of the rules were suspended and the reso- time, and as the gentleman has pointed Tennessee for 35 years and holds the lution was agreed to. out, this bill names our new Federal record for having the longest contin- A motion to reconsider was laid on courthouse in Greeneville, Tennessee, uous service of any Tennessee Member the table. for Jim Quillen. of the U.S. House of Representatives.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12539 Jim was a member of the Committee is in Memphis, which is at the opposite he was my mentor, he was my advisor, on Rules and served as ranking minor- end of the State, Tennessee is a very he took me under his wing. ity member for many years. He was long State across, and that medical I will say this, Mr. Speaker: Con- also chairman of the TVA Caucus and a school would not have been opened, I gressman James H. Quillen was one of member of the Republican Policy Com- do not believe, if it had not been for the finest and is one the finest men mittee. Jim was also conscious of needs the strong support and determination that I have ever known in my lifetime. of his constituents and worked very that Congressman Quillen put behind I am proud to support this legislation. hard to secure funding for medical fa- it. Ms. NORTON. Mr. Speaker, I yield cilities in northeast Tennessee and was Congressman Quillen did rise to be- such time as he may consume to the diligent in his work for farmers and come the ranking Republican and gentleman from Massachusetts (Mr. veterans. chairman emeritus of the Committee MOAKLEY). Jim Quillen has received numerous on Rules, and served with great dis- Mr. MOAKLEY. Mr. Speaker, I thank awards and honors, including having a tinction on that committee. He also the gentlewoman from the District of medical facility named in his honor, contributed to so many other things. Columbia for yielding me the time. Route 181 from Virginia to North Caro- There is a highway in his district Mr. Speaker, I rise to congratulate lina is named in his honor, and a Chair named after him. I think the main the people of Greeneville, Tennessee, of Excellence in Education was named building at the Methodist Children’s for their newly named James H. Quil- for him at East Tennessee State Uni- Home is named after Congressman len Courthouse. versity. It is with great pleasure that I Quillen; and this courthouse, as the Now that they will be naming this support H.R. 4608 that designates the gentleman from Tennessee (Mr. JEN- courthouse after Jimmy Quillen, Mr. new Federal Courthouse in Greeneville, KINS) noted, was the last major project Speaker, I think that every single Tennessee, in Jim’s honor. that Congressman Quillen worked on building, medical school, and road in Mr. Speaker, I reserve the balance of for his district of many, many projects. eastern Tennessee should be named my time. Congressman Quillen was born into after Jimmy Quillen. Mr. LATOURETTE. Mr. Speaker, I what some people would call absolute Mr. Speaker, that is the way it yield such time as he may consume to poverty today, in Gate City, Virginia. should be. the gentleman from Tennessee (Mr. He was born into a good family but a I served with Jimmy in the House DUNCAN), another great Member from family of very little money, and one of Committee on Rules for over 21 years, the Volunteer State, and the chairman 10 children. He came up surely the hard and I can tell my colleagues from first- of the Subcommittee on Aviation, who way. In fact, I would say that people on hand experience that he deserves every is making air traffic cheaper and safer welfare today have much, much more accolade that comes his way. all across the country. than Congressman Quillen’s family Jimmy joined the Committee on Mr. DUNCAN. Mr. Speaker, I thank had. But he started the newspaper that Rules back in 1965 with another dear the gentleman from Ohio for yielding the gentleman from Tennessee (Mr. friend of mine, Claude Pepper, and he me this time, and I thank him for JENKINS) mentioned at the age of 19, served until 1996, at which point he be- those very kind words. I also want to and then he became one of the biggest came the longest-serving Republican express my appreciation to the gen- developers in the city of Kingsport, and on the House Committee on Rules. He tleman from the first district of Ten- then one of the leading insurers in that also served in Congress longer than any nessee (Mr. JENKINS) for his prime community and one of the most suc- other representative from Tennessee, sponsorship of this very appropriate cessful businessmen in that entire some 34 years. legislation naming the new Federal area. Jimmy Quillen rose from a humble courthouse in Greeneville after Con- Then, as the gentleman from Ten- background to serve in the Navy in gressman James H. ‘‘Jimmy’’ Quillen. nessee (Mr. JENKINS) noted, he served World War II. He served the Tennessee As the gentleman from Tennessee in the Navy for 4 years. He was very State House, where he became the mi- (Mr. JENKINS) mentioned and as the proud of that, a very patriotic man, nority leader. In 1963, he went on to gentlewoman from the District of Co- very pro-military, and then he served 6 represent the first district of Tennessee lumbia (Ms. NORTON) mentioned, Con- years in the legislature and 34 years in in the United States Congress. gressman Quillen served the first dis- this House, for 44 years of public serv- Jimmy believed in old-fashioned, trict of Tennessee for 34 years in this ice. constituent-oriented representation. House, longer continuous service than Most of us will remember that Con- To prove his point, Jimmy even took any Member of the House of Represent- gressman Quillen always sat in the sec- his office door off its hinges to rep- atives in the history of the State of ond seat in the second row, right below resent his open-door policy, and that Tennessee. Congressman Quillen was me here. In fact, many of us thought open door served as an inspiration for very proud of that, and rightly so. that we should have named that the many of us who followed him. He was a very district-oriented, con- James H. Quillen seat here in the Jimmy was a true Southern gentle- stituent service-type of Congressman. House. I heard that NPR had on the men whose word was his bond. I can re- In fact, I think he was one of the first news the other day that there were no member in the 1980’s when we were Members of this body to just routinely seats designated in the House except working on the S&L bailout and some- fly home each and every weekend. I the Speaker’s chair and one that the one proposed eliminating some of the think it is fair to say and proper to gentleman from Pennsylvania (Mr. benefits that were promised to the peo- note that he probably spent more time MURTHA) sits in on the other side. But ple who bought these failing S&L’s and at home in Tennessee than he did in everyone knew that that second seat in Jimmy Quillen stood up and fought Washington, D.C., and so he stayed in the second row was Congressman Quil- that amendment tooth and nail, say- constant contact with his constituents len’s seat in this House; and he was, I ing, ‘‘a deal is a deal.’’ And, Mr. Speak- and was always on top of the needs of think, very proud of that too. er, he was right. But every time after his district. that we would look at Jimmy and say, As the gentleman from Tennessee b 1215 ‘‘a deal is a deal.’’ (Mr. JENKINS) mentioned, probably his I am proud of the fact that, for 32 of What was important to Jimmy was greatest accomplishment was the med- the 34 years that Congressman Quillen comity and good faith above all else. ical school at East Tennessee State spent in this House, he served with a He was a distinguished, hard-working, University. There was tremendous op- Duncan. He served 12 terms with my fa- kind member of the Committee on position to that medical school, be- ther; and they were very, very close Rules and a very worthy adversary. cause some people thought that the friends. And then I had the privilege Every once in a while, I catch myself State could not support two medical and honor of serving with Congressman looking for Jimmy in the second seat schools. But the other medical school Quillen for 8 years. During that time, in the second row on the House floor.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12540 CONGRESSIONAL RECORD—HOUSE June 27, 2000 He is sorely missed here in the Con- wanted to share a couple of things Ms. NORTON. Mr. Speaker, I yield 3 gress. that, as I went back and studied about minutes to the gentleman from Ten- Mr. Speaker, it was an honor to have Mr. Quillen, I was just tremendously nessee (Mr. CLEMENT). served with Jimmy Quillen and even a impressed by those folks who served in Mr. CLEMENT. Mr. Speaker, I thank greater honor to call him my friend. World War II and the book that has the gentlewoman for yielding me the Once again, Mr. Speaker, I congratu- been written about the greatest gen- time. I thank the gentleman from Ten- late the people of Greeneville on their eration and the folks that saved the nessee (Mr. JENKINS) for introducing newly named courthouse. world and came back and built the this legislation to designate the U.S. Mr. LATOURETTE. Mr. Speaker, I economy and built America into the Federal Courthouse Building in yield such time as he may consume to country it is today. Mr. Quillen was Greeneville, Tennessee, after a great the gentleman from Tennessee (Mr. certainly a part of that great genera- man, James H. Quillen. BRYANt). tion. Mr. Speaker, I had the opportunity, Mr. BRYANT. Mr. Speaker, as I was Back in 1942, he served on the air- like others did here, to serve with Mr. sitting here listening to our good craft carrier U.S.S. Antietam as an en- Quillen. Not only was he a friend of friend from Massachusetts (Mr. MOAK- sign; and after serving honorably his mine, but he was also a close personal LEY) talk about some of the years in- country, there he was discharged as a friend of my late father, Frank G. volved here, I was thinking back to lieutenant in 1946 after the war. Al- Clement, who served as governor of 1965 and how long ago that has been, though he was offered an opportunity Tennessee. While my father was serv- and I was thinking that it has been so to go to West Point and become an offi- ing as governor, Jimmy served in the long that the gentleman from Ten- cer there and go through the Academy, Tennessee State Legislature, where nessee (Mr. TANNER) was just finishing he declined this in order to return to their mutual friendship and admiration shooting jump shots in Union City Tennessee and to his civilian life. for one another blossomed. back in those days. That was a long In 1954, he was persuaded to enter a Jimmy Quillen was a man of his time. I think they were set shots back race for the Tennessee State Legisla- word, he was a man of tremendous in- in those days. I know there were peach ture and was elected into the position tegrity, and he was a true patriot. baskets up there. It has been a while. that he held until 1962. And during his There are a lot of accomplishments by I do want to thank my other col- service in Tennessee in Nashville, he his name, including those that have al- league, the gentleman from Tennessee served as the minority leader and was ready been mentioned by my Tennessee (Mr. JENKINS), for sponsoring this bill, nominated for the Speaker of the colleagues and those also that knew introducing this legislation, which, as House. him and loved him and admired him has been said, does designate the Fed- In 1962, Mr. Quillen went on to be vic- and respected him from across the eral courthouse there in Greeneville, torious in a race for the seat in this country. Tennessee, as the James H. Quillen very House of Representatives. As a Among his list of accomplishments, United States Courthouse. Member of Congress, Mr. Quillen also, he served in the U.S. Navy. And, I had an opportunity recently to go quickly developed a reputation as a no doubt, he was a savvy businessman, to Greeneville. I used to live there as a man dedicated to constituent services. but he was a true public servant. He child myself. I do not have a lot of All of us that serve in this body can entered the political arena in 1955, recollection about it, but I was able to really appreciate that and can look at serving in the Tennessee State House go about the town and to not only visit people like Mr. Quillen and the job that of Representatives. the current courthouse there but also In 1962, he was elected to serve in the he did representing the people in the to see the newly constructed court- 88th Congress and served honorably first district of Tennessee that he came house in progress. It certainly is going from January 3, 1963, to January 3, to represent up here, as well as taking to be a wonderful facility there, and I 1997. Jimmy was the kind of Member care of their needs back in the district, know will be well used; and in that it that brought people together. He and certainly envy that record. carries Congress Quillen’s name, I worked for the greater good and always think it certainly has a distinctive In fact, as the gentleman from Mas- did what was in the best interest of the honor. sachusetts (Mr. MOAKLEY) said, on elec- people of Tennessee, Democrats and There are a lot of things up in east tion night when he was first elected Republicans alike. This great House Tennessee already named for Congress- into this body, his supporters took the misses Jimmy Quillen and misses his man Quillen, the medical school and hinges off the campaign office to sig- leadership. He was a role model and highways and things, and certainly all nify his promise that he was always still today is one of the greatest states- well-deserved. going to be available to the people that men that Tennessee has ever produced. I, among others and many that have he represented. One thing I do remember about him, been in this body, have been privileged In 1965, he became a member of the and I think all of my colleagues would to serve with Mr. Quillen. There was an House Committee on Rules and served remember this, as well, is that hand- overlap when I came up in 1994 of about as the ranking member for the com- shake. Now, when he put that hand out one or two terms there. And, as has mittee for many years. He later served there and grabbed their hand, he would been pointed out, I very quickly as Chairman Emeritus, an honor that drag them about halfway across the learned about the chair on the second is the first for any Member of Congress. room. I remember that because he did row and not to sit there. Although, we In addition to his service as chair and that to me and did that to many oth- did tend to gather around him and seek vice chairman of several committees, ers. I do not know how many people’s his wisdom and judgment that he al- he holds the record for the longest con- arms he pulled out of socket, but I will ways possessed. tinuous service by any Tennessee Mem- tell my colleagues one thing, it got Many of my colleagues do recall him ber of the United States House of Rep- their attention and the next time they as a Member who dedicated his entire resentatives. shook hands with Mr. Quillen they career up here, as well as his life so far, Over the years, he has received nu- were ready for him so he would not do and he is still very active back in east merous awards and honors in recogni- it to them. Tennessee today, but he dedicated his tion of his years of service to his con- It is with great enthusiasm that I life to the pursuit of hard work and stituents and to his State. On January support this legislation, H.R. 4608, and honesty and, particularly, love of fam- 3, 1997, he retired in his position from encourage my other colleagues in the ily. the House of Representatives. U.S. House of Representatives to sup- Going back just a minute, I know I am proud to have served with Mr. port this meaningful legislation. that the gentleman from Tennessee Quillen, and I am proud to cosponsor Mr. LATOURETTE. Mr. Speaker, it is (Mr. DUNCAN) has talked a great deal this bill. I urge its adoption. I urge my my pleasure to yield such time as he about Mr. Quillen’s background, but I colleagues to adopt this bill. may consume to the gentleman from

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Tennessee (Mr. HILLEARY), another he was in Congress, named in honor of deal of pleasure and pride that I think member of the Tennessee delegation him; and I think that is very appro- that almost every Member from the who represents many points of interest priate. Tennessee delegation, Democratic and in Tennessee, but my most favorite, Mr. Speaker, Mr. Quillen used to sit Republican alike, has been down here Lynchburg. right there, the second seat over here this morning to say a kind word for Mr. HILLEARY. Mr. Speaker, I from the aisleway in the second row. I Mr. Jimmy Quillen and I would add thank the gentleman for yielding me often bring groups in here at night, and with great appreciation for the oppor- the time. I say this was Mr. Quillen’s seat; and tunity, my thanks and my endorse- Mr. Speaker, I do represent a lot of even though we do not have assigned ment of this process. interesting places in Tennessee, as we seats in this House, some of the Mem- Mr. LATOURETTE. Mr. Speaker, I have talked about several times. But bers who have been here for a while, as reserve the balance of my time to Mr. Quillen, who we are honoring here we all know, sort of pick one seat as close. today, represents, I think, one of the their seat, and that is where they al- Ms. NORTON. Mr. Speaker, I yield 1 most beautiful areas in the whole coun- ways sit, and out of respect for them minute to the gentleman from Ohio try. and their tenure and their service, we (Mr. TRAFICANT). Mr. TRAFICANT. Mr. Speaker, Mr. I am proud to cosponsor this piece of do not sit there. Except for my first Quillen was a friend of mine, and I can legislation. I think it has been an time I was in here, I made the mistake remember he and another dear friend, of sitting there and with that big yank honor for me to have at least 2 years to Walter Jones, sitting down with me on of a handshake, he popped me up and serve in this House with Mr. Quillen. occasion, giving me sound advice to sit As has been said, he served longer than sat down in it. down and shut up. As a member of the We have no problem with that, be- any other Member in the history of the Committee on Rules, he helped me cause we revered and respected Mr. State of Tennessee in this House, 34 bring to the floor many amendments Quillen so much. That seat, as far as I years. that many people did not have a shot. The thing about him that I think I am concerned, will always be Mr. Quil- I just wanted to chime in and say, if find the most interesting is that he was len’s seat, no matter who else sits there is any distinguishing element to a role model for us as being a Member there while I am here in this House. I his great career, he was fair. He treated of Congress, and we learned a lot from am honored to be a part of this legisla- everyone fairly, and he was always a him. He did not care for partisan poli- tion. I certainly ask everybody to get consummate gentleman. So I think the tics one bit. He always put his district behind this in an enthusiastic way, and naming of this courthouse in his honor and his constituents first, without I was proud to serve with Mr. Jimmy is absolutely fitting, because he was a question. I think that those who have Quillen. great American. I appreciated the come on after Mr. Quillen’s tenure Ms. NORTON. Mr. Speaker, I yield 3 times that he and I were able to speak, really did not get that advantage of minutes to the gentleman from Ten- and he imparted much of that wisdom being able to kind of learn the ropes nessee (Mr. TANNER). to me, as he did to other Members at under his tutelage. Mr. TANNER. Mr. Speaker, I would that time who were young and just The thing that I find very impressive just reiterate and endorse what my coming on; and his advice to shut up about him, as well, is that he is the friends from Tennessee have had to say probably was the best I ever got. Mr. stereotypical American dream in the about Mr. Jimmy Quillen. I want to Quillen, God bless you and the family. sense that he was very much and is a thank my friend, the gentleman from Mr. LATOURETTE. Mr. Speaker, I self-made man. He was born into a Tennessee (Mr. JENKINS), for intro- reserve the balance of my time. pretty poor family in 1916 with 10 chil- ducing this resolution. I came to the Ms. NORTON. Mr. Speaker, I have no dren, very little money; and he was, as Tennessee Assembly in 1976; and for the further requests for time, and I yield one of my colleagues said, part of that longest time, it seems Mr. Quillen and back the balance of my time. greatest generation that Tom Brokaw I were the graduates, I guess we might Mr. LATOURETTE. Mr. Speaker, this talks about. He did join the U.S. Navy say, of the Tennessee General Assem- is a good bill. I urge its passage, and I during World War II. bly. The gentleman from Tennessee yield back the balance of my time. He is a family man. He married his (Mr. JENKINS) also served there. The SPEAKER pro tempore (Mr. lovely wife, Cecile in 1952; and through Mr. Quillen not only was the king of SIMPSON). The question is on the mo- sickness as in health, as the vows go, East Tennessee, as we used to call him, tion offered by the gentleman from he has stood by her all those many I live over in West Tennessee and his Ohio (Mr. LATOURETTE) that the House years. service to our State transcended the suspend the rules and pass the bill, I recently got married, 3 weeks ago First Congressional District. I live in H.R. 4608. almost to the day, 3 weeks ago Satur- the Eighth Congressional District, and The question was taken. Mr. LATOURETTE. Mr. Speaker, on day, and I can only hope to follow in Mr. Quillen journeys over there to one that I demand the yeas and nays. the footsteps of the model that he of the premier political events in the springtime every year, down in Cov- The yeas and nays were ordered. showed all of us as far as being a loving The SPEAKER pro tempore. Pursu- ington, Tennessee, the Oney Naifeh po- husband. ant to clause 8 of rule XX and the litical dinner and his service to our Chair’s prior announcement, further b 1230 State is appreciated, not only by those proceedings on this motion will be He was in the State House for 8 citizens in the first district in East postponed. years. He has basically spent his entire Tennessee, but it was appreciated life in service to others and in service throughout, across the width and f to his State and Nation and this coun- breadth of Tennessee. FEDERAL PROTECTIVE SERVICE try. I think it is very appropriate that Many, many mutual friends from Joe REFORM ACT OF 2000 we honor him in this way. The James Bewley, who was in the legislature and Mr. LATOURETTE. Mr. Speaker, I H. Quillen, Jimmy Quillen United lives in Greeneville, to many others, move to suspend the rules and pass the States Courthouse in Greeneville will Ralph Cole and others I have known bill (H.R. 809) to amend the Act of June be just yet another structure in the through the years and all from up 1, 1948, to provide for reform of the first district that is named after Mr. there in the first district had the same Federal Protective Service, as amend- Quillen. love and respect for Mr. Quillen that ed. We cannot go around a bend in that those of us who got to know him from The Clerk read as follows: lovely First Congressional District other parts of the State developed. H.R. 809 without seeing a school or a highway Mr. Speaker, he truly has given a Be it enacted by the Senate and House of Rep- or a building, something that was an very large measure of his life to the resentatives of the United States of America in accomplishment of Mr. Quillen’s while service of others, and it is with a great Congress assembled,

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.000 H27JN0 12542 CONGRESSIONAL RECORD—HOUSE June 27, 2000 SECTION 1. SHORT TITLE. same authority outside Federal property as po- to the pay period beginning January 1, 2001, This Act may be cited as the ‘‘Federal Protec- lice officers have under section 1(b)(4).’’. and ending December 31, 2001 (and such other tive Service Reform Act of 2000’’. SEC. 6. ESTABLISHMENT OF FEDERAL PROTEC- pay periods as may be authorized by law), and SEC. 2. DESIGNATION OF POLICE OFFICERS. TIVE SERVICE. shall not result in a decrease in the pay or bene- The Act of June 1, 1948 (40 U.S.C. 318–318d), (a) IN GENERAL.—The Act of June 1, 1948 (40 fits of any individual for such pay period.’’. is amended— U.S.C. 318–318d), is amended by adding at the (b) CONFORMING AMENDMENT.—Section 1(a) of (1) in section 1 by striking the section heading end the following: such Act (40 U.S.C. 318(a)), is amended by strik- and inserting the following: ‘‘SEC. 6. ESTABLISHMENT OF FEDERAL PROTEC- ing ‘‘without additional compensation’’. ‘‘SECTION 1. POLICE OFFICERS.’’; TIVE SERVICE. SEC. 8. NUMBER OF POLICE OFFICERS. (2) in sections 1 and 3 by striking ‘‘special po- ‘‘(a) IN GENERAL.—The Administrator of Gen- (a) IN GENERAL.—The Act of June 1, 1948 (40 licemen’’ each place it appears and inserting eral Services shall establish the Federal Protec- U.S.C. 318–318d), is further amended by adding ‘‘police officers’’; tive Service as a separate operating service of at the end the following: (3) in section 1(a) by striking ‘‘uniformed the General Services Administration. ‘‘SEC. 8. NUMBER OF POLICE OFFICERS. guards’’ and inserting ‘‘certain employees’’; and ‘‘(b) APPOINTMENT OF COMMISSIONER.— ‘‘After the 1-year period beginning on the date (4) in section 1(b) by striking ‘‘Special police- ‘‘(1) IN GENERAL.—The Federal Protective of enactment of this section, there shall be at men’’ and inserting the following: Service shall be headed by a Commissioner who least 730 full-time equivalent police officers in ‘‘(1) IN GENERAL.—Police officers’’. shall be appointed by and report directly to the the Federal Protective Service. This number SEC. 3. POWERS. Administrator. shall not be reduced unless specifically author- Section 1(b) of the Act of June 1, 1948 (40 ‘‘(2) QUALIFICATIONS.—The Commissioner ized by law.’’. shall be appointed from among individuals who U.S.C. 318(b)), is further amended— SEC. 9. EMPLOYMENT STANDARDS AND TRAIN- (1) by adding at the end the following: have at least 5 years of ING. ment experience in a command or supervisory ‘‘(2) ADDITIONAL POWERS.—Subject to para- The Act of June 1, 1948 (40 U.S.C. 318–318d), position. graph (3), a police officer appointed under this is further amended by adding at the end the fol- ‘‘(c) DUTIES OF THE COMMISSIONER.—The section is authorized while on duty— lowing: ‘‘(A) to carry firearms in any State, the Dis- Commissioner shall— ‘‘(1) assist the Administrator in carrying out ‘‘SEC. 9. EMPLOYMENT STANDARDS AND TRAIN- trict of Columbia, the Commonwealth of Puerto ING. the duties of the Administrator under this Act; Rico, or any territory or possession of the ‘‘The Commissioner of the Federal Protective United States; ‘‘(2) except as otherwise provided by law, serve as the law enforcement officer and secu- Service shall prescribe minimum standards of ‘‘(B) to petition Federal courts for arrest and suitability for employment to be applied in the search warrants and to execute such warrants; rity official of the United States with respect to the protection of Federal officers and employees contracting of security personnel for buildings ‘‘(C) to arrest an individual without a war- and areas that are owned or occupied by the rant if the individual commits a crime in the of- in buildings and areas that are owned or occu- pied by the United States and under the charge United States and under the control and charge ficer’s presence or if the officer has probable of the Administrator of General Services.’’. cause to believe that the individual has com- and control of the Administrator (other than SEC. 10. AUTHORIZATION OF APPROPRIATIONS. mitted a crime or is committing a crime; and buildings and areas that are secured by the ‘‘(D) to conduct investigations, on and off the United States Secret Service); The Act of June 1, 1948 (40 U.S.C. 318–318d), property in question, of offenses that have been ‘‘(3) render necessary assistance, as deter- is further amended by adding at the end the fol- or may be committed against property under the mined by the Administrator, to other Federal, lowing: charge and control of the Administrator or State, and local law enforcement agencies upon ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. against persons on such property. request; and ‘‘There is authorized to be appropriated from ‘‘(3) APPROVAL OF REGULATIONS BY ATTORNEY ‘‘(4) coordinate the activities of the Commis- the Federal Buildings Fund established by sec- GENERAL.—The additional powers granted to po- sioner with the activities of the Commissioner of tion 210(f) of the Federal Property and Adminis- lice officers under paragraph (2) shall become the Public Buildings Service. trative Services Act of 1949 (40 U.S.C. 490(f)) effective only after the Commissioner of the Fed- Nothing in this subsection may be construed to such sums as may be necessary to carry out this eral Protective Service issues regulations imple- supersede or otherwise affect the duties and re- Act.’’. menting paragraph (2) and the Attorney Gen- sponsibilities of the United States Secret Service The SPEAKER pro tempore. Pursu- eral of the United States approves such regula- under sections 1752 and 3056 of title 18, United ant to the rule, the gentleman from tions. States Code. Ohio (Mr. LATOURETTE) and the gentle- ‘‘(4) AUTHORITY OUTSIDE FEDERAL PROP- ‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS ERTY.—The Administrator may enter into agree- AND ASSISTANT COMMISSIONERS.— woman from the District of Columbia ments with State and local governments to ob- ‘‘(1) IN GENERAL.—The Commissioner may ap- (Ms. NORTON) each will control 20 min- tain authority for police officers appointed point regional directors and assistant commis- utes. under this section to exercise, concurrently with sioners of the Federal Protective Service. The Chair recognizes the gentleman State and local law enforcement authorities, the ‘‘(2) QUALIFICATIONS.—The Commissioner from Ohio (Mr. LATOURETTE). powers granted to such officers under this sec- shall select individuals for appointments under Mr. LATOURETTE. Mr. Speaker, I tion in areas adjacent to property owned or oc- paragraph (1) from among individuals who have yield myself such time as I may con- cupied by the United States and under the at least 5 years of direct law enforcement experi- charge and control of the Administrator.’’; and ence, including at least 2 years in a supervisory sume. (2) by moving the left margin of paragraph position.’’. Mr. Speaker, H.R. 809, as amended, (1), as designated by section 2(4) of this Act, so (b) PAY LEVEL OF COMMISSIONER.—Section the Federal Protective Service Reform as to appropriately align with paragraphs (2), 5316 of title 5, United States Code, is amended Act of 2000, makes the Federal Protec- (3), and (4), as added by paragraph (1) of this by inserting after the paragraph relating to the tive Service a freestanding service subsection. Commissioner of the Public Buildings Service within the General Services Adminis- SEC. 4. PENALTIES. the following: tration and creates a Federal Protec- Section 4(a) of the Act of June 1, 1948 (40 ‘‘Commissioner, Federal Protective Service, tive Service commissioner with line General Services Administration.’’. U.S.C. 318c(a)), is amended to read as follows: authority over regional directors. Fed- ‘‘(a) IN GENERAL.—Except as provided in sub- SEC. 7. PAY AND BENEFITS. eral Protective Service is currently section (b), whoever violates any rule or regula- (a) IN GENERAL.—The Act of June 1, 1948 (40 tion promulgated pursuant to section 2 shall be U.S.C. 318–318d), is further amended by adding under the Public Buildings Service, a fined or imprisoned, or both, in an amount not at the end the following: real estate function within the GSA. to exceed the maximum amount provided for a ‘‘SEC. 7. PAY AND BENEFITS. The commissioner of the Public Class C misdemeanor under sections 3571 and ‘‘Notwithstanding any other provision of law Building Service currently has no line 3581 of title 18, United States Code.’’. or any other rule or regulation, the pay and authority over regional directors and SEC. 5. SPECIAL AGENTS. benefits for any employee of the Federal Protec- can only recommend policies and pro- Section 5 of the Act of June 1, 1948 (40 U.S.C. tive Service who maintains active law enforce- cedures. 318d), is amended— ment status under section 1 shall be determined This structure leaves the Federal (1) by striking ‘‘nonuniformed special police- in accordance with a pay and benefits package Protective Service with just disjointed men’’ each place it appears and inserting ‘‘spe- established and maintained by the Adminis- authority and blurred accountability. cial agents’’; trator of General Services that is equivalent to (2) by striking ‘‘special policeman’’ and insert- the pay scale and benefits package applicable to H.R. 809 establishes police and train- ing ‘‘special agent’’; and members of the United States Capitol Police. ing experience standards for the new (3) by adding at the end the following: ‘‘Any Such pay scale and benefits package shall be es- Federal Protective Service commis- such special agent while on duty shall have the tablished by regulation, shall apply with respect sioner, including at least 5 years of

VerDate Aug 04 2004 15:48 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12543 professional law enforcement experi- tions. The Office shall submit a report to the ernment-owned buildings. However, the ence. Congress within 12 months after the date of nature of threats to Federal property The bill clarifies and broadens au- enactment of this Act, which shall contain changed forever with the bombing of thority for the officers regarding arrest the Office’s findings and recommendations. the Murrah Federal Building in Okla- In order for the Committees to properly and investigative powers and expands evaluate granting law enforcement status, homa City. jurisdiction to areas adjacent to Fed- the Committees expect the report to be com- In general, the subcommittee was eral property. All regulations imple- pleted and submitted within the stated time- concerned about the quality of Federal menting these expanded authorities are frame.’’ protection, including the use of con- subject to the approval of the Attorney As you know, House Rules grant the Com- tract guard services. The Members fo- General. mittee on Government Reform wide jurisdic- cused on the overall management of The bill requires contract security tion over government management issues in- the FPS and received testimony from guards to undergo more rigorous back- cluding matters related to Federal civil serv- the General Accounting Office report- ice. This action should not, however, be con- ground checks and increases the num- strued as waiving the Committee’s jurisdic- ing how well the public building serv- ber of full-time FPS officers to 730. tion over future legislation of a similar na- ices was managing the protective func- Mr. Speaker, I am pleased that our ture. tion. committee could work out a com- I look forward to working with you on this We became convinced that separating promise with the Committee on Gov- and other issues throughout the remainder the Federal Protective Service from ernment Reform and Oversight, and of the 106th Congress. the real estate function in GSA would section 7 on pay and benefits reflects Sincerely, help achieve a higher level of profes- that compromise. It has been modified DAN BURTON, sionalism we thought essential in Fed- Chairman. to direct that the Office of Personnel eral buildings today. Management conduct a study of the HOUSE OF REPRESENTATIVES, COM- We received numerous letters in sup- pay and benefits of all Federal police MITTEE ON TRANSPORTATION AND port from local law enforcement enti- forces to determine whether there are INFRASTRUCTURE, ties from across the country that sup- disparities between the pay and bene- Washington, DC, June 13, 2000. ported strengthening the management fits of such forces. Hon. DAN BURTON, of FPS by making it an independent We expect this record will be trans- Chairman, Committee on Government Reform, entity within GSA. After reviewing mitted to the Congress no later than 12 Washington, DC. testimony, the subcommittee deter- DEAR MR. CHAIRMAN: Soon the House will months following enactment of this consider H.R. 809, the Federal Protective mined that making the Federal Protec- legislation. The change to section 7 Service Reform Act of 2000. While H.R. 809 tive Service a separate entity within will reduce the costs of the legislation primarily contains provisions related to GSA makes sense. It makes good man- to those costs to hire additional offi- matters solely in the jurisdiction of the agement sense. cers. Committee on Transportation and Infra- This move makes operational sense This legislation enhances the FPS structure, I recognize that Section 7 of the as well. The commissioner of the FPS and will make Federal buildings more bill regarding federal pay issues are under will now have command and control secure. It has no impact on the facili- the jurisdiction of the Committee on Govern- over his own employees. The commis- ment Reform and agree to modify Section 7 sioner will be able to make immediate ties secured by the Secret Service, Fed- to meet your concern. eral Bureau of Investigation, and the I agree that allowing this bill to go for- decisions and deploy police officers United States Marshal Service. I want ward in no way impairs upon your jurisdic- without having to check with the real to emphasize that this bill does not af- tion over these provisions, and I would be estate arm of GSA. fect the statutory authority and re- pleased to place this letter and your letter of It is not a decision the subcommittee sponsibility of the Marshal Service to June 13, 2000 in the Committee’s Report. In made quickly or without extensive dis- provide protection to the United States addition, if a conference is necessary on this cussion and deliberations. The staff has judges, U.S. attorneys and others con- bill, I would support any request to have the had numerous discussions with GSA, Committee on Government Reform be rep- managers from the Federal Protective nected with the functions of United resented on the conference with respect to States courthouses. the matters in question. Service, officials from the Department The law enforcement community I look forward to passing this bill on the of Justice, and finally the officials of strongly supports this measure. This Floor soon and thank you for your assist- the United States Secret Service. legislation is long overdue, and I want ance. The time has come to move forward to commend my colleague, the gen- Sincerely, with legislation that will profes- tleman from the 17th District of Ohio BUD SHUSTER, sionalize the Federal protective work- Chairman. (Mr. TRAFICANT), for his persistence force. It is time to update and upgrade and active involvement in bringing this Mr. Speaker, I reserve the balance of the quality of protection offered to the measure to the floor. I support this bill my time. public who visits our public buildings and encourage its passage. Ms. NORTON. Mr. Speaker, yield my- and the employees who work in these Mr. Speaker, I submit the following self such time as I may consume. buildings. letter for the RECORD. Mr. Speaker, I am a strong cosponsor The bill will create a separate entity HOUSE OF REPRESENTATIVES, of H.R. 809, a bill to provide a higher within GSA. The commissioner will COMMITTEE ON GOVERNMENT REFORM, level of law enforcement profes- have control over his own employees; Washington, DC, June 13, 2000. sionalism in the Federal Protective and as important, he will have the au- Hon. BUD SHUSTER, Service, or FPS. The FPS is respon- thority to set the standards for hiring Chairman, Committee on Transportation and sible for providing security not only in the contract guards who are so ubiq- Infrastructure, House of Representatives, Federal buildings but also for the pub- Washington, DC. uitous in Federal buildings today. DEAR MR. CHAIRMAN: In the interest of ex- lic who visit those buildings and the The bill accomplishes a great deal, pediting Floor consideration of the bill, the employees who work in them. but a great deal remains to be done to Committee will not exercise its jurisdiction For over a year, the Subcommittee ensure higher level of security in Fed- over H.R. 809. However, we have agreed that on Economic Development, Public eral buildings and for Federal property. the following language is to replace the ex- Buildings, Hazardous Materials and Architectural design needs to incor- isting language in section 7 of the legisla- Pipeline Transportation has reviewed porate security features, sufficient tion. and considered a bill to make the Fed- funding for technology needs to be ‘‘The Office of Personnel Management eral Protective Service an independent identified, and our cop on the beat shall survey the pay and benefits of all fed- eral police forces to determine whether there entity within the General Services Ad- needs to be the best trained and knowl- are disparities between the pay and benefits ministration. Through several Con- edgeable employee. of such forces that are not commensurate gresses, the subcommittee held hear- Mr. Speaker, I very much support with differences in duties or working condi- ings on the status of security in gov- H.R. 809, as amended.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12544 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Mr. Speaker, I reserve the balance of The bottom line remains that that establish, by statute, FPS’s mission and juris- my time. contract guard as it existed did not go diction. Mr. LATOURETTE. Mr. Speaker, I through the same type of background H.R. 809 will achieve all of these goals. have no additional requests for time, checks and training as do our regular I want to thank full committee chairman BUD and I reserve the balance of our time. officers and these men and women are SHUSTER, ranking member OBERSTAR, the sub- Ms. NORTON. Mr. Speaker, I yield underpaid, overworked. And the big committee chair BOB FRANKS and the ranking such time as he may consume to the beacon light that beams out there for member BOB WISE. gentleman from Ohio (Mr. TRAFICANT), terrorists targets is our great build- I also want to thank Chairman DAN BURTON the chief sponsor of the bill. ings. of the Government Reform Committee for Mr. TRAFICANT. Mr. Speaker, I working with our committee on the issue of want to thank the gentlewoman from b 1245 FPS pay. While I would have liked to have the District (Ms. NORTON) for yielding It is easy to make international kept in the bill a provision increasing FPS pay, me the time and the former prosecutor, headlines and these terrorist groups I believe that the OPM study provision, which the gentleman from Northern Ohio can, in fact, compete with America, was drafted in consultation with the Govern- (Mr. LATOURETTE), who understands with our military might so their gue- ment Reform Committee, will ultimately result that the best case that prosecutor may rilla warfare tactics that center on ter- in FPS officers be fairly compensated. see or a sheriff may see is the one that rorist activities must be recognized I, for one, intend to keep working to pass we never see, because we may have pre- and must be dealt with. This bill does separate legislation to ensure that all federal vented that particular deed which has that. law enforcement officers—including FPS offi- caused the need for a prosecutor and The first thing it does is it makes a cers—are fairly and fully compensated. sheriff to be involved. fundamental change absolutely nec- Why is this legislation needed? Low manpower levels, a flawed manage- I want to start out by saying that essary. The director of the Federal Pro- ment structure, and the increasing use of un- our Subcommittee on Economic Devel- tective Service right now answers to qualified contract guards are seriously com- opment, Public Buildings, Hazardous the director of the Public Building Materials and Pipeline Transportation promising the ability of FPS to do its job. Service, who is a real estate expert. He For example, FPS is part of GSA’s real es- is probably the best kept secret in the is a good one, but he does not under- Congress. I want to commend the two tate management arm, the Public Building stand law enforcement. We want to Service. As such, the head of FPS does not directors of the staff, Rick Barnett and make sure that that director of the law Susan Brita; they do a great job. They have command and control authority over FPS enforcement activities covering our regional directors. Regional FPS directors re- did a great job on this bill. Federal buildings reports directly to I want to compliment the gentleman port directly to Public Building Service regional the General Services administrator. We administrators—individuals with no law en- from Pennsylvania (Mr. SHUSTER), the want to make sure that those contract chairman; and the gentleman from forcement experience. guards have the exact training, they In addition, the majority of FPS regional di- Minnesota (Mr. OBERSTAR), our rank- have the background checks, they have rectors have no law enforcement or intel- ing member; the gentleman from New expanded police powers. ligence experience. Jersey (Mr. FRANKS), the sub- So the bill is simplistic, it is common H.R. 809 embodies the FPS-related rec- committee chairman; and the gen- sense, but more importantly, it speaks ommendations made in a 1995 Justice De- tleman from West Virginia (Mr. WISE), to the fact that the Congress of the partment study conducted in the wake of the the ranking member; and Members like United States did not just grieve and April 19, 1995 bombing of the Murrah building the gentleman from Ohio (Mr. hold hearings over Oklahoma City. The in Oklahoma City. The study’s recommenda- LATOURETTE), with his extensive Congress of the United States promul- tions, which included upgrading the position of knowledge of law enforcement; and ev- gated a plan predicated on reasonable FPS within GSA, were endorsed by the FBI, erybody else on that subcommittee factors and brought forward a legisla- Marshals Service, Department of Defense, Se- who has passed such important legisla- tive remedy. cret Service, State Department and Adminis- tion, and sometimes it goes unrelated trative Office of the U.S. Courts. in this Congress. There is always a bi- Mr. Speaker, understand that there are some people in GSA that are going I would also point out that a 1996 review partisanship that emanates from that conducted for GSA by Arthur Andersen behavior; and as a result, the legisla- to oppose this legislation. As the spon- sor of this bill on the floor, I want to strongly recommended that FPS be made a tion is effective and makes a dif- stand-alone service within GSA. Unfortunately, ference. make this statement: the responsi- bility in the future for a terrorist act through four separate hearings conducted I just wanted to start out talking over the past two years by the Transportation about Oklahoma City. Mr. Speaker, we in one of our buildings now rests in their hands if, over turf battles, they and Infrastructure Committee, PBS never once know that if we look at Oklahoma mentioned this key study. City, as I did as a sheriff, I can under- hold back an excellent piece of legisla- tive initiative brought before the Con- H.R. 809 has been strongly endorsed by stand why Oklahoma City became that every major law enforcement organization in target, the Alfred P. Murrah building. gress. So I want to echo the statements of the gentleman from Ohio (Mr. the country, including the National Fraternal There were three Federal buildings Order of Police, the Federal Law Enforcement guarded by one guard that day, and LATOURETTE) and his expertise in this field, and I want to thank again the Officers Association and the International that guard was a contract guard. Now, Brotherhood of Police Officers. staff. I am not demeaning the contract The only issue that has been contentious, Mr. Speaker, I ask all Members of guards that serve in the Federal Pro- as far as the Public Building Service is con- tective Service; many of them are Congress to support the bill. cerned, is whether or not FPS should be a former law enforcement officers that Mr. Speaker, as the author of H.R. 809, the stand-alone service within GSA. are working now and extending their ‘‘Federal Protective Service Reform Act,’’ I rise On this issue I side with the law enforce- career. I think they should be paid in strong support of the bill. ment community. more. I think that the bill would be I have been working for the past six years The fact is, the entire law enforcement com- better had we made that particular to improve federal building security. This bill munity believes that making FPS a stand- type of adjustment, but I think the will make a big difference. It will put us in a alone service within GSA is essential to up- compromise made with the Committee position where we can reduce the likelihood of grading and improving federal building secu- on Government Reform and the gen- another Oklahoma City. rity. tleman from Indiana (Mr. BURTON), Good security starts and ends with good Mr. Speaker, this bill is much needed and who has been very fair, is good. I would people. One of the keys to dramatically im- long overdue. The sad reality is that since hope that in the future that all law en- proving building security is having a well- Oklahoma City, the terrorist threat to federal forcement and the parity for law en- trained FPS led by experienced law enforce- buildings—foreign and domestic—has in- forcement would be a top priority of ment and security professionals—not real es- creased dramatically. Right now, we are still this body. tate managers. Congress also needs to clearly unprepared to deal with this threat.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00031 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12545 H.R. 809 will give us a fighting chance to ef- and practiced law there until his ap- Mr. GONZALEZ. Mr. Speaker, I fectively combat terrorism. I urge its approval. pointment by President Kennedy to the thank the gentlewoman for yielding me Mr. Speaker, I reserve the balance of Federal bench in 1961. this time. my time. The Senate confirmed his appoint- Mr. Speaker, I would like to thank Ms. NORTON. Mr. Speaker, I have no ment in 1962, the same year that he be- the gentlewoman from the District of further requests for time, and I yield came chief judge, a position that he Columbia (Ms. NORTON), as well as back the balance of my time. held until 1979. He was the longest- members of the House Committee on Mr. LATOURETTE. Mr. Speaker, a serving chief judge and will hold that Transportation and Infrastructure’s good bill deserves to be passed; I sup- distinction indefinitely, since current Subcommittee on Economic Develop- port it. law prohibits a judge from serving as ment, Public Buildings, Hazardous Ma- Mr. Speaker, I yield back the balance chief judge for longer than 7 years. He terials and Pipeline Transportation, of my time. assumed senior status in 1979 and re- and the entire Committee on Transpor- The SPEAKER pro tempore (Mr. tired from the Federal bench in 1982, tation and Infrastructure for the ac- SIMPSON). The question is on the mo- when he became vice president of an oil tion on this legislation. tion offered by the gentleman from company, a position that he held until This bill, which I introduced in May Ohio (Mr. LATOURETTE) that the House his death in 1991. of last year, would designate the Fed- suspend the rules and pass the bill, Judge Spears was a member in good eral Judicial Training Center located H.R. 809, as amended. standing of the Texas State bar, a at 643 East Durango Boulevard in San The question was taken; and (two- member of the Judicial Conference Antonio, Texas, as the Adrian A. thirds having voted in favor thereof) Committee on the Administration of Spears Judicial Training Center. the rules were suspended and the bill, Criminal Law, served on the Federal Judge Spears was the epitome of an as amended, was passed. Judicial Center Board, and was the re- outstanding and truly dedicated United A motion to reconsider was laid on cipient of the Rosewood Gavel Award, States district judge. As Chief Judge of the table. St. Mary’s School of Law. the Western District of Texas, Judge This is a fitting honor to a dedicated Spears’ career was highlighted by a f public servant. I support this bill, and commitment to ensuring fairness and ADRIAN A. SPEARS JUDICIAL I encourage my colleagues to do the justice in the courtrooms under his ju- TRAINING CENTER same. risdiction. To many of those who prac- Mr. Speaker, I reserve the balance of ticed in his courtroom, Judge Spears Mr. LATOURETTE. Mr. Speaker, I my time. will forever be remembered for his de- move to suspend the rules and pass the Ms. NORTON. Mr. Speaker, I yield sire to maintain a standard of profes- bill (H.R. 1959) to designate the Federal myself such time as I may consume. building located at 743 East Durango I rise in support of H.R. 1959, a bill to sionalism second to none. He taught all Boulevard in San Antonio, Texas, as designate the Judicial Training Center of us that demanding our best effort in the ‘‘Adrian A. Spears Judicial Train- in San Antonio, Texas, in honor of behalf of our individual client was the ing Center,’’ as amended. Judge Adrian A. Spears. surest way of assuring justice for all, The Clerk read as follows: President John Kennedy appointed and he led by example. He felt he need- ed to take the extra steps to ensure H.R. 1959 Judge Spears to the Federal bench in that he was being fair, not only to the Be it enacted by the Senate and House of Rep- 1961. Judge Spears distinguished him- self for 22 years as the United States Government, but also to the defendant. resentatives of the United States of America in To that extent, he was meticulous Congress assembled, District Judge in the Western District of Texas; and for 17 of those years about his preparation; and he paid par- SECTION 1. DESIGNATION. ticular attention to detail. In fact, I The Federal building located at 643 East Du- Judge Spears served as the Chief rango Boulevard in San Antonio, Texas, shall Judge. He was also a member of the have heard that Judge Spears’ sec- be known and designated as the ‘‘Adrian A. Emergency Court of Appeals, the Judi- retary would often bring three or four Spears Judicial Training Center’’. cial Conference of the United States briefcases filled with pretrial work for SEC. 2. REFERENCES. Commission on Administration Jus- the next day’s caseload for Judge Any reference in a law, map, regulation, doc- tice, president of the 5th Circuit Dis- Spears to review. Judge Spears would ument, paper, or other record of the United trict Judges Association, and president go through each document in the file, States to the Federal building referred to in sec- of the San Antonio Bar Association. reading everything, including proba- tion 1 shall be deemed to be a reference to the Judge Spears was born in South tion reports, so that he would not have ‘‘Adrian A. Spears Judicial Training Center’’. Carolina and attended undergraduate to rely solely on the attorneys’ oral re- The SPEAKER pro tempore. Pursu- school and law school at the University ports in open court. ant to the rule, the gentleman from of North Carolina. In 1937 he moved to Adrian Anthony Spears was born on Ohio (Mr. LATOURETTE) and the gentle- San Antonio and became an integral July 8, 1910, in Darlington, South Caro- woman from the District of Columbia part of the community. lina. After graduating from the Univer- (Ms. NORTON) each will control 20 min- He was respected by his colleagues sity of North Carolina in 1929 and utes. and admired for his dedication and dili- South Carolina Law School in 1934, he The Chair recognizes the gentleman gence in attending to the needs of the practiced law in Darlington until 1936. from Ohio (Mr. LATOURETTE). Federal courts in the 5th circuit. In In 1937, Adrian Spears moved to San Mr. LATOURETTE. Mr. Speaker, I 1998 the San Antonio Bar Association Antonio where he continued in private yield myself such time as I may con- passed a resolution to petition the practice until President John F. Ken- sume. local elected Federal officials to spon- nedy appointed him United States Dis- Mr. Speaker, H.R. 1959, as amended, sor suitable legislation to name a facil- trict Judge in 1961. It was an oppor- designates the Federal building located ity in his honor. It is most fitting and tunity which came as the result of a at 643 East Durango Boulevard in San proper to honor Judge Spears with this 1961 congressional act creating a third Antonio, Texas as the ‘‘Adrian A. designation, and I strongly urge sup- judgeship for the Western District of Spears Judicial Training Center.’’ port for H.R. 1959. Texas. Judge Spears became Chief Adrian Spears was born in Dar- Mr. Speaker, I reserve the balance of Judge of the Western District in 1962 lington, South Carolina, on July 8, my time. and served in that capacity until 1979, 1910. He attended local schools, grad- Mr. LATOURETTE. Mr. Speaker, I a record 17 years. uated from the University of North have no additional requests for time, In addition to serving as U.S. Dis- Carolina in 1929, and the South Caro- and I reserve the balance of my time. trict Judge for a total of 22 years, lina School of Law in 1934. After prac- Ms. NORTON. Mr. Speaker, I yield Judge Spears was also a member of the ticing law in South Carolina for 2 such time as he may consume to the Board of Directors of the Federal Judi- years, he moved to San Antonio in 1937 gentleman from Texas (Mr. GONZALEZ). cial Center, the temporary Emergency

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12546 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Court of Appeals, the Judicial Con- Mr. Speaker, I want to take this op- Building. This is a leased facility and ference of the United States Mission on portunity also to thank the gentleman the building owners have expressed the Administration of Criminal Law, from Texas (Mr. GONZALEZ) for his ef- their strong support for this action. the Committee to Consider Standards forts on this particular piece of legisla- Floyd Flake was born in Los Angeles, for Admission to Practice in Federal tion, and I would indicate that Judge California, one of 13 children to parents Courts, and a member of the faculty of Spears should be honored for his tire- with elementary school educations. He the Seminar for Newly Appointed less efforts for this country and the grew up in Houston, attending local Judges. work that he accomplished. I encour- schools. Congressman Flake earned his From 1959 to 1960, Judge Spears also age all of my colleagues to support the Bachelor of Arts degree from Wilber- served as president of the San Antonio legislation as we move forward in me- force University in Wilberforce, Ohio, Bar Association. Upon his retirement morializing Judge Spears. the first black college in America, from Federal judicial service on De- Ms. NORTON. Mr. Speaker, I have no founded in 1856. This university was cember 31, 1982, Judge Spears joined further requests for time, and I yield founded by the African Methodist Epis- the oil company Tetco as the vice back the balance of my time. copal Church and was named for the president and served there in that ca- Mr. LATOURETTE. Mr. Speaker, I English statesman and abolitionist pacity until his death on May 9, 1991. urge passage of the bill, and I yield James Wilberforce. While his judicial accomplishments back the balance of my time. b 1300 alone are noteworthy, it is also his The SPEAKER pro tempore. The tireless efforts and commitment to im- question is on the motion offered by Dr. Flake went on to attend Payne proving and expanding the facilities of the gentleman from Ohio (Mr. Theological Seminary in Wilberforce the Federal court system in San Anto- LATOURETTE) that the House suspend before attending Northeastern Univer- nio that merits this proper and long the rules and pass the bill, H.R. 1959, as sity and St. Johns University in overdue recognition of Judge Spears’ amended. Queens, New York. contributions to San Antonio. In fact, The question was taken; and (two- Reverend Dr. Flake has been the pas- it was Judge Spears’ guidance that the thirds having voted in favor thereof) tor of the Allen A.M.E. Church in Ja- United States Pavilion, now the John the rules were suspended and the bill, maica, New York, since 1976. He is the H. Wood, Jr. United States Courthouse, as amended, was passed. founder of the Allen Housing Develop- was acquired and made part of the Fed- The title of the bill was amended so ment Fund Corporation, the Allen eral Judicial Complex in San Antonio as to read: ‘‘A bill to designate the Christian School and Multi-purpose after Hemisfair in 1968. Federal building located at 643 East Center, the Allen Home Care Agency, Mr. Speaker, this is truly a fitting Durango Boulevard in San Antonio, Allen Housing Corporation, Allen honor to bestow upon Judge Adrian An- Texas, as the ‘Adrian A. Spears Judi- Neighborhood Preservation and Devel- thony Spears. cial Training Center’.’’. opment Corporation, and a member of Finally, I want to take this oppor- A motion to reconsider was laid on the NAACP. tunity to recognize his family, particu- the table. Dr. Flake was elected to the 100th larly his sons Monroe and Jimmy and f Congress and served until his retire- his daughters, Sally and Carol. With- ment in the 105th Congress. Dr. Flake FLOYD H. FLAKE FEDERAL out great elaboration I do need to tell retired from the Congress to return to BUILDING my colleagues that two of his children his Church, which is 10,000 members are lawyers, one of his granddaughters Mr. LATOURETTE. Mr. Speaker, I strong. is presently in law school, but many of move to suspend the rules and pass the When Dr. Flake was in Congress, he his nephews and great nephews have bill (H.R. 3323) to designate the Federal was a staunch advocate for policies to distinguished themselves both as law- building located at 158–15 Liberty Ave- revitalize blighted urban and residen- yers in the community and as jurists. nue in Jamaica, Queens, New York, as tial communities. His bipartisan na- Mr. Speaker, I urge Congress to pass the ‘‘Floyd H. Flake Federal Building’’. ture commanded the respect from H.R. 1959, and I would like to offer spe- The Clerk read as follows: Members on both sides of the aisle of cial thanks to the gentleman from H.R. 3323 this House. He is certainly missed in Texas (Mr. SANDLIN), my fellow Texan, Be it enacted by the Senate and House of Rep- the House. for his assistance and that of his staff. resentatives of the United States of America in This is a fitting tribute to a former Ms. NORTON. Mr. Speaker, I yield Congress assembled, Member of Congress. I support the bill, such time as he may consume to the SECTION 1. DESIGNATION. and encourage my colleagues to do the gentleman from Texas (Mr. The Federal building located at 158–15 Lib- same. erty Avenue in Jamaica, Queens, New York, RODRIGUEZ). Mr. Speaker, I reserve the balance of Mr. RODRIGUEZ. Mr. Speaker, I shall be known and designated as the ‘‘Floyd my time. H. Flake Federal Building’’. want to thank the gentlewoman from Ms. NORTON. Mr. Speaker, I yield SEC. 2. REFERENCES. myself such time as I may consume. the District of Columbia for yielding Any reference in a law, map, regulation, me this time. document, paper, or other record of the Mr. Speaker, it is with special and Mr. Speaker, I rise in support of H.R. United States to the Federal building re- personal pleasure that I rise in support 1959, which would rename a part of the ferred to in section 1 shall be deemed to be of this legislation. H.R. 3323 would des- San Antonio Federal Building as the reference to the ‘‘Floyd H. Flake Federal ignate the new FDA laboratory located Adrian A. Spears Judicial Training Building’’. in Jamaica, Queens, New York, in Center. Judge Spears was an out- The SPEAKER pro tempore. Pursu- honor of our former colleague and standing and dedicated U.S. district ant to the rule, the gentleman from Member, Floyd Flake. judge. Judge Spears holds the record as Ohio (Mr. LATOURETTE) and the gentle- This facility is the product of many the longest serving chief judge for the woman from the District of Columbia years of hard work by our former col- western district of Texas. He moved to (Ms. NORTON) each will control 20 min- league. He worked with the General San Antonio in the years before World utes. Services Administration, the Food and War II and lived there until his death The Chair recognizes the gentleman Drug Administration, the city of New in 1991. He was appointed by President from Ohio (Mr. LATOURETTE). York, the State of New York, the New Kennedy and confirmed by the Senate Mr. LATOURETTE. Mr. Speaker, I York City University system, and in 1962; and he remained on the bench yield myself such time as I may con- countless local officials to finally bring until 1979, after which he assumed sen- sume. this idea to fruition. Reverend Flake is ior status until 1982. Judge Spears was Mr. Speaker, H.R. 3323 designates the well known for his tenacity. a highly respected jurist who is worthy FDA facility in Jamaica, Queens, New Floyd Flake is a firm and dedicated of this permanent honor. York, as the Floyd H. Flake Federal believer in the power of community

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12547 and the benefits of community develop- community activism and civic respon- upbringing, but yet, a very humble up- ment. His legislative accomplishments, sibility. As pastor of the Allen A.M.E. bringing. He has been an inspiration built on the principle of a positive Fed- Church in Queens, he has led a revolu- for the young people of the Acres Home eral role in urban revitalization, in- tion in church-based nonprofit activ- area and the Houston area, as well, as clude the Bank Enterprise Act of the ity. His $24 million operation is a na- they have watched him ascend to the Community Development Financial In- tional model and has helped to revi- very high offices of government. stitutions Act of 1993. This act provides talize his community. Following his Yes, he is a graduate of the Wilber- incentives for financial institutions to example, countless churches around force College, the Payne Theological make market-oriented investments in the country have restructured their op- Seminary, and attended St. Johns Uni- destabilized urban and rural commu- erations and reached new levels of effi- versity, and, as well, the pastoral lead- nities. ciency and effectiveness. er of the A.M.E. Church that has Reverend Flake truly lives what he As leader, he has directly and indi- helped to promote housing and edu- preaches, and has devoted himself to rectly helped thousands of Americans cation in the community, but he also the Allen A.M.E. Church in New York. have a legitimate chance to compete in has been a mentor to many in the min- His works have made the church one of our global marketplace. isterial community and the religious the most productive religious and so- Mr. Speaker, there is perhaps no community, because it was his vision cial service organizations in the coun- other American as worthy of this honor that indicated or at least advocated for try. It is most fitting and proper to as former Representative Reverend faith-based participation, to be able to honor his work on the FDA lab by des- Floyd H. Flake. By bestowing this des- collaborate with government where ignating the facility as the Floyd H. ignation on the Queens Federal Build- government was not taking over the Flake Federal Building. ing, this Congress will help to show the church or the religious institution, but Mr. Speaker, I yield such time as she world that America places a premium that they were working for the greater may consume to the gentlewoman from on the values of leadership, determina- good. Texas (Ms. EDDIE BERNICE JOHNSON). tion, and innovation with high moral Since his advocacy in this Congress, Ms. EDDIE BERNICE JOHNSON of standards. I strongly support this reso- we have looked at ways that faith- Texas. Mr. Speaker, I thank the gentle- lution, and urge my colleagues to do based institutions can work on chil- woman for yielding time to me. Let me the same. dren’s violence issues, can work on wel- also thank the leaders of the com- Ms. NORTON. Mr. Speaker, I yield fare-to-work, can work on education in mittee for bringing forth this legisla- such time as she may consume to the the way that we have the separation of tion, and the gentleman from New gentlewoman from Texas (Ms. JACK- church and State. York (Mr. MEEKS) for sponsoring the SON-LEE). Let me close by also acknowledging bill to designate the Floyd Flake Fed- Ms. JACKSON-LEE of Texas. Mr. that he has made a great impact on in- eral Building in Jamaica, Queens, New Speaker, might I thank the distin- dividuals in Texas even though he is York. guished gentlewoman from the District honored and claimed by New York, and Throughout Reverend Flake’s life, he of Columbia (Ms. NORTON), both for her has done great work there. I might has been the personification of the leadership and her guiding of this legis- note that State Representative Syl- greatest traditions of America. He has lation, and likewise the gentleman vester Turner, who grew up in Acres consistently fought to empower each from Ohio (Chairman LATOURETTE) for Home, who looked to Congressman person in this country, and ensure that his guidance of some of the sometimes Floyd Flake as a leader and role model everyone had the tools to pursue the very special tributes made to individ- for him, he now stands as one of the American dream. Designation of the uals by way of acknowledging them in outstanding leaders in the State of Federal building in his former district their community. Texas. as the Floyd H. Flake Federal Building I would also like to commend the Dr. Flake practiced what he would be a fitting tribute to his work gentleman from New York (Mr. MEEKS) preached, so this is an appropriate in that area here in the House, and his of the Sixth District of New York for honor for him. I am very proud to tireless activism since he has returned spearheading this legislation as well. stand on the floor of the House and to home. Mr. Speaker, in the next couple of have counted him as one of my col- In Congress, Reverend Flake rep- days thousands of members of the leagues, having served with him in the resented the Sixth Congressional Dis- A.M.E. Church will gather in Cin- early part of my tenure in this Con- trict from 1986 until his retirement in cinnati, Ohio. I would imagine that Dr. gress, and to thank him for his strong 1997. He fought fearlessly to establish Flake will be joining them, as he is a support of legislation such as the Com- programs and craft legislation designed well-respected Member of that august munity Reinvestment Act, that has to revitalize urban areas. He was an in- body, and one of their shining stars, he made the lives of all Americans much novator, frequently reaching across was one of the Congress’ shining stars better. Who better to deserve this party lines to solve problems. One of as well. honor? his initiatives, the Bank Enterprise He wears many hats, and I am de- I applaud him and his family and the Act, has resulted in millions of dollars lighted to rise to the floor of the House great works he continues to do in the of investment for both urban and rural to support this legislation to name the State of New York in the area of Ja- economies. new FDA laboratory located in Ja- maica, but as well, in the Nation that The language in the Bank Enterprise maica, New York, after Dr. Floyd we call America. He is a great Amer- Act, which became law through the Flake, and to acknowledge his partner ican and he is a national treasure. Community Development Financial In- in life, Mrs. Flake, who stands along- Mr. Speaker, I rise in strong support of H.R. stitutions Act, is the catalyst for in- side of him as a visionary that has pro- 3323, a bill that will designate the federal vestments which have led to residen- vided great insight and opportunity for building located in Jamaica, Queens, New tial development and commercial the citizens of the Sixth Congressional York, as the ‘‘Floyd H. Flake Federal Build- growth. It has also increased private District and surrounding areas. ing.’’ Sadly, it was not too long ago that Rev. sector commitment to aid the econo- I have a special role in rising today Flake served along side this body, but un- mies of traditionally neglected areas. because I happen to have the privilege doubtedly he made a lasting impression on us Through his work, Congressman of representing Dr. Flake’s relatives in all as well as the Nation. Flake helped to make certain that all Acres Home, Texas, located in the 18th Congressman Flake was born in Los Ange- segments of our society feel the bene- Congressional District in Houston, les on January 30, 1945, and came to my fits of our unprecedented economic ex- Texas. It has been a remarkable jour- home district of Houston, TX, to attend public pansion. ney for Dr. Flake as he has traveled school. After growing up in the great State of Since his retirement, Reverend Flake from Acres Home, Texas, of which he Texas, he studied at Wilberforce University in has charted new territory regarding speaks fondly, of a very strong family Ohio, and earned his BA. He continued to

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 12548 CONGRESSIONAL RECORD—HOUSE June 27, 2000 broaden his education and graduated from (Mr. OBERSTAR) from the Committee on lected New York City public housing Payne Theological Seminary and Northeastern Transportation and Infrastructure for complexes and throughout America. University. In 1994, he earned his doctorate of bringing this bill to the floor. Consistent with his reputation for ministry degree from the United Theological The consideration of this legislation bricks and mortar development Seminary in Dayton, OH. is most timely, as Reverend Flake and through his church, Floyd used his leg- Congressman Flake evolved from student to I recently cut the ribbon to open the islative position to deftly advocate to educator, serving as dean of students and uni- newly constructed Food and Drug Ad- have the new sites for the Federal versity chaplain at Boston University in 1976 ministration facility on the campus of Aviation Administration and the Food and served as the director of the Martin Luther York College in Jamaica, New York. and Drug Administration located in King, Jr. Afro-American Center at Boston Uni- What can I say about my friend and the Sixth Congressional District in versity from 1973 to 1976. From 1970 to 1973, predecessor, the Reverend Dr. Floyd H. Queens, which will create more jobs he served as the associate dean of students, Flake? His name has become synony- and economic spin-off for the district. director of student activities at Lincoln Univer- mous with economic development in As the rest of the Sixth Congres- sity. Thereafter, he moved to business, and the Sixth Congressional District and sional District in New York, I have served as a market analyst for Xerox and as throughout this country. benefited from Floyd’s experience and a sales representative for Reynolds Tobacco Congressman Flake ran for Congress his accomplishments. As the pastor of Co. In addition, Rev. Flake served as a social in 1986 during a special election to re- Allen A.M.E., he has also given spir- worker for an early child development/Head place the recently deceased, and a itual upliftment to me, to my family, Start program. strong member of this body, Joseph P. and to those within the Sixth Congres- Mr. Speaker, Congressman Flake lent his Addabbo. Though he narrowly lost the sional District. talents and energy to other activities important special election in June, he continued Let me finally say that too often we to our Nation. Legislatively, he is remembered campaigning with the exuberance and have great individuals in our midst and for his work on the Committee on Banking and charisma that is his trademark and we wait until they are long gone, until they are dead and buried, before we ac- Financial Services and increasing investment won an overwhelming victory in the knowledge their accomplishments. opportunities for underserved communities fall. They never know of the appreciation of through the Bank Enterprise Act and the Re- Many new and previously disen- the individuals who receive the bene- form of the Community Reinvestment Act. In franchised individuals were attracted to Reverend Flake’s campaign by the fits of their greatness. addition, Rev. Flake is remembered by many I think that it is only appropriate economic development projects that he of us for his initiatives to revitalize urban com- that we allow one to smell the flowers, had initiated since becoming the pastor mercial and residential communities. if you will, as they still walk on this of the Allen A.M.E. Episcopal Church After retiring from Congress, Rev. Floyd has great Earth. We surely want to give ap- in Jamaica, Queens, and through his remained active by developing the Allen preciation to the Dr. Reverend Floyd ministry that emphasizes self-improve- A.M.E. Church in Jamaica, Queens. During his H. Flake for his continued support and ment and community development. 23 years as Pastor there, the church has commitment to making life better for Since Floyd Flake became the pastor grown to include some 12,000 members, an his community and for all of Ameri- of Allen A.M.E. over 22 years ago, the annual budget of $27 million, expansive com- cans. mercial and residential development, a 500- church has developed a school with I want to thank the gentlewoman student private school and is regarded as one over 500 students, extensive commer- from the District of Columbia (Ms. cial and residential development, in- of the Nation’s foremost Christian churches NORTON) for supporting this measure. and non-profit corporations. Also, the church cluding private homes and senior quar- Mr. WATTS of Oklahoma. Mr. Speaker, has created local jobs, affordable homes, ters, a multi-service facility, and a today, I rise to support H.R. 3323 and honor schools and multiservice centers that provide transportation company. The various a former colleague and friend, Rev. Floyd health care for the surrounding district. enterprises at Allen A.M.E. comprise a Flake. Rev. Flake honorably served the people Floyd Flake served in the House with honor, workforce of over 800, people making it of the 6th District of New York for over a dec- with sincerity, and with unwavering commit- one of the largest private sector em- ade. ment to his district as well as our Nation. He ployers in the county of Queens. It was a great pleasure to meet Floyd Flake was a model of excellence to all of us in this As Congressman, Floyd H. Flake ful- my first year in Congress and to learn of his body, and for over a decade, he fulfilled a call- filled the wishes of his constituents by abiding interest in community renewal. We ing to public service with passion and nobility. bringing his community development began working together that year on the As a result, I can think of no better reason expertise to Washington. He was a bi- American Community Renewal Act—which will than to honor Floyd Flake by renaming the partisan legislator who focused on ini- be reaching the House floor next month. Dur- federal building in Jamaica, queens. Through- tiatives to revitalize urban neighbor- ing the drafting of the American Community out, his service in his public, personal and hoods. Renewal Act and our subsequent tours of congressional career Rev. Flake remained One of his most notable legislative towns and cities across the nation to learn dedicated to improving the lives of the resi- accomplishments included the provi- from local folks what works and what doesn’t, dents of Jamaica, Queens. Today, Rev. Flake sions of the Community Development I had the opportunity to visit Rev. Flake’s continues to leave a lasting imprint on this Financial Institutions Act of 1993, church, the Allen African Methodist Episcopal community and our Nation. known as the Bank Enterprise Act. The Church in Jamaica, Queens, New York, and I In closing, again Mr. Speaker I urge all my Bank Enterprise Act provided incen- can tell you that Floyd Flake walks the walk. colleagues to unanimously adopt this bill and tives for financial institutions to make Under his inspired and inspiring leadership, rename this federal building in honor of a truly market-oriented investments in desta- that congregation had come together and built dedicated and great public servant, Reverend bilized urban and rural economies. The housing, small business opportunities, coun- Floyd Flake. Bank Enterprise Act has directly im- seling centers, and a school where the chil- Ms. NORTON. Mr. Speaker, it gives pacted the volume of residential mort- dren in the neighborhood actually got an edu- me special pleasure to yield such time gages and commercial lending in tradi- cation—a living thriving, vibrant community as he may consume to the gentleman tionally underserved areas in America. where neighbor cares about neighbor and God from New York (Mr. MEEKS), the pri- The Sixth Congressional District is part of your life. mary sponsor of the bill before us. benefited from his legislative and polit- Since the Constitution won’t allow us to re- Mr. MEEKS of New York. Mr. Speak- ical acumen as Reverend Flake secured name the entire city of Jamaica, New York, er, I thank the gentlewoman for yield- a one-stop capital shop to provide after my good friend Floyd Flake, I am de- ing time to me. counseling for start-up and fledgling lighted to rise in support of this measure to Mr. Speaker, let me also thank the small businesses, funds for the im- honor him in this meaningful way. I urge my gentleman from Pennsylvania (Chair- provement of National Gateway Park, colleagues to support H.R. 3323 and show our man SHUSTER) and the ranking mem- and Hope 6 funds to greatly improve so- great respect for our former colleague Floyd ber, the gentleman from Minnesota cial and economic conditions in se- Flake.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12549 Ms. NORTON. Mr. Speaker, I have no rity and Development Cooperation Act Canady Greenwood McInnis Cannon Gutierrez McIntyre further requests for time, and I yield of 1985, 22 U.S.C. 2349aa–9(c), I transmit Capps Gutknecht McKeon back the balance of my time. herewith a 6-month periodic report on Capuano Hall (OH) McKinney the national emergency with respect to Cardin Hall (TX) McNulty b 1315 Iran that was declared in Executive Carson Hansen Meehan Mr. LATOURETTE. Mr. Speaker, I Castle Hastings (FL) Meek (FL) Order 12957 of March 15, 1995. Chabot Hastings (WA) Meeks (NY) urge passage of the bill, and I yield WILLIAM J. CLINTON. Chambliss Hayes Menendez back the balance of my time. THE WHITE HOUSE, June 27, 2000. Chenoweth-Hage Hayworth Metcalf The SPEAKER pro tempore (Mr. Clay Hefley Mica f Clayton Herger Millender- SIMPSON). The question is on the mo- Clement Hill (IN) McDonald tion offered by the gentleman from ANNOUNCEMENT BY THE SPEAKER Clyburn Hill (MT) Miller (FL) Ohio (Mr. LATOURETTE) that the House PRO TEMPORE Coble Hilleary Miller, Gary suspend the rules and pass the bill, Coburn Hilliard Miller, George The SPEAKER pro tempore. Debate Collins Hinchey Minge H.R. 3323. has concluded on all motions to sus- Combest Hinojosa Mink The question was taken; and (two- pend the rules. Condit Hobson Moakley thirds having voted in favor thereof) Conyers Hoeffel Mollohan Pursuant to the provisions of clause Cooksey Hoekstra Moore the rules were suspended and the bill 8, rule XX, the Chair will now put the Costello Holden Moran (KS) was passed. question on each motion to suspend the Cox Holt Moran (VA) A motion to reconsider was laid on rules on which further proceedings Coyne Hooley Morella the table. Cramer Horn Murtha were postponed in the order in which Crane Hostettler Myrick f that motion was entertained. Crowley Houghton Nadler Votes will be taken in the following Cubin Hoyer Napolitano GENERAL LEAVE Cummings Hulshof Neal order: Cunningham Hunter Nethercutt Mr. LATOURETTE. Mr. Speaker, I H. Con. Res. 312, by the yeas and Danner Hutchinson Ney ask unanimous consent that all Mem- nays; Davis (FL) Hyde Northup bers may have 5 legislative days within Davis (IL) Inslee Norwood H.R. 494, by the yeas and nays; Davis (VA) Isakson Nussle which to revise and extend their re- H.R. 4608, by the yeas and nays. Deal Istook Oberstar marks and include extraneous material The Chair will reduce to 5 minutes DeFazio Jackson (IL) Obey on H.R. 4608; H.R. 809, as amended; H.R. the time for any electronic vote after DeGette Jackson-Lee Olver 1959, as amended; and H.R. 3323, the Delahunt (TX) Ortiz the first such vote in this series. DeLauro Jefferson Ose measures just considered by the House. f DeLay Jenkins Owens The SPEAKER pro tempore. Is there DeMint John Oxley objection to the request of the gen- SENSE OF CONGRESS THAT Deutsch Johnson (CT) Packard Diaz-Balart Johnson, E. B. Pallone tleman from Ohio? STATES SHOULD MORE CLOSELY Dickey Johnson, Sam Pascrell There was no objection. REGULATE TITLE PAWN TRANS- Dicks Jones (NC) Pastor f ACTIONS AND OUTLAW IMPOSI- Dingell Jones (OH) Payne TION OF USURIOUS INTEREST Dixon Kanjorski Pease RECESS Doggett Kaptur Pelosi RATES ON TITLE LOANS TO CON- Dooley Kasich Peterson (MN) The SPEAKER pro tempore. Pursu- SUMERS Doyle Kelly Peterson (PA) ant to clause 12 of rule I, the Chair de- Dreier Kennedy Petri The SPEAKER pro tempore. The Duncan Kildee Phelps clares the House in recess until ap- pending business is the question of sus- Dunn Kilpatrick Pickering proximately 2 p.m. today. pending the rules and agreeing to the Edwards Kind (WI) Pickett Accordingly (at 1 o’clock and 15 min- Ehlers King (NY) Pitts concurrent resolution, H. Con. Res. 312, Ehrlich Kingston Pomeroy utes p.m.), the House stood in recess as amended. Emerson Kleczka Porter until approximately 2 p.m. The Clerk read the title of the con- Engel Klink Portman f English Knollenberg Price (NC) current resolution. Eshoo Kolbe Pryce (OH) The SPEAKER pro tempore. The b 1400 Etheridge Kucinich Quinn question is on the motion offered by Evans Kuykendall Radanovich AFTER RECESS the gentlewoman from New Jersey Everett LaFalce Rahall Ewing LaHood Ramstad The recess having expired, the House (Mrs. ROUKEMA) that the House suspend Farr Lampson Rangel was called to order by the Speaker pro the rules and agree to the concurrent Fattah Lantos Regula Filner Largent Reyes tempore (Mr. SIMPSON) at 2 p.m. resolution, H. Con. Res. 312, as amend- ed, on which the yeas and nays are or- Fletcher Larson Reynolds f Foley Latham Riley dered. Forbes LaTourette Rivers PERIODIC REPORT ON NATIONAL The vote was taken by electronic de- Ford Leach Rodriguez EMERGENCY WITH RESPECT TO vice, and there were—yeas 420, nays 6, Fossella Lee Roemer Fowler Levin Rogan IRAN—MESSAGE FROM THE not voting 8, as follows: Frank (MA) Lewis (CA) Rogers PRESIDENT OF THE UNITED [Roll No. 331] Franks (NJ) Lewis (GA) Ros-Lehtinen STATES (H. DOC. NO. 106–261) Frelinghuysen Lewis (KY) Rothman YEAS—420 Frost Lipinski Roukema The SPEAKER pro tempore laid be- Abercrombie Barton Bonilla Gallegly LoBiondo Roybal-Allard fore the House the following message Ackerman Bass Bonior Ganske Lofgren Royce Aderholt Bateman Bono Gejdenson Lowey Rush from the President of the United Allen Becerra Borski Gekas Lucas (KY) Ryan (WI) States; which was read and, together Andrews Bentsen Boswell Gephardt Lucas (OK) Ryun (KS) with the accompanying papers, without Archer Bereuter Boucher Gibbons Luther Sabo objection, referred to the Committee Armey Berkley Boyd Gilchrest Maloney (CT) Salmon Baca Berman Brady (PA) Gillmor Maloney (NY) Sanchez on International Relations and ordered Bachus Berry Brady (TX) Gilman Manzullo Sanders to be printed: Baird Biggert Brown (FL) Gonzalez Martinez Sandlin To the Congress of the United States: Baker Bilbray Brown (OH) Goode Mascara Sawyer Baldacci Bilirakis Bryant Goodlatte Matsui Saxton As required by section 401(c) of the Baldwin Bishop Burr Goodling McCarthy (MO) Scarborough National Emergencies Act, 50 U.S.C. Ballenger Blagojevich Burton Gordon McCarthy (NY) Schaffer 1641(c), section 204(c) of the Inter- Barcia Bliley Buyer Goss McCollum Schakowsky national Emergency Economic Powers Barr Blumenauer Callahan Graham McCrery Scott Barrett (NE) Blunt Calvert Granger McDermott Sensenbrenner Act (IEEPA), 50 U.S.C. 1703(c), and sec- Barrett (WI) Boehlert Camp Green (TX) McGovern Serrano tion 505(c) of the International Secu- Bartlett Boehner Campbell Green (WI) McHugh Sessions

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12550 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Shadegg Stupak Visclosky The Clerk read the title of the resolu- Peterson (PA) Sawyer Tauzin Shaw Sununu Vitter tion. Petri Saxton Taylor (MS) Shays Sweeney Walden Phelps Scarborough Taylor (NC) Sherman Talent Walsh The SPEAKER pro tempore. The Pickering Schaffer Terry Sherwood Tancredo Wamp question is on the motion offered by Pitts Sensenbrenner Thomas Shimkus Tanner Waters the gentleman from Ohio (Mr. CHABOT) Pombo Serrano Thompson (MS) Shows Tauscher Pomeroy Sessions Thornberry Watkins that the House suspend the rules and Shuster Tauzin Watt (NC) Porter Shadegg Thune Simpson Taylor (MS) Watts (OK) agree to the resolution, H. Res. 494, on Portman Shaw Toomey Sisisky Taylor (NC) Waxman which the yeas and nays are ordered. Price (NC) Shays Towns Skeen Terry Weiner Pryce (OH) Sherman Traficant Skelton Thomas This will be a 5-minute vote. Quinn Sherwood Turner Weldon (FL) Slaughter Thompson (CA) The vote was taken by electronic de- Radanovich Shimkus Udall (NM) Weldon (PA) Smith (NJ) Thompson (MS) Rahall Shows Upton Weller vice, and there were—yeas 333, nays 27, Smith (TX) Thornberry answered ‘‘present’’ 66, not voting 8, as Ramstad Shuster Visclosky Smith (WA) Thune Wexler Regula Simpson Vitter Snyder Thurman Weygand follows: Reyes Skeen Walden Souder Tierney Whitfield [Roll No. 332] Reynolds Skelton Walsh Spence Toomey Wicker Riley Smith (MI) Wamp Spratt Towns Wilson YEAS—333 Rodriguez Smith (NJ) Watkins Stabenow Traficant Wise Aderholt Deutsch Istook Roemer Smith (TX) Watts (OK) Stark Turner Wolf Allen Diaz-Balart Jefferson Rogan Snyder Weiner Stearns Udall (CO) Woolsey Andrews Dickey Jenkins Rogers Souder Weldon (FL) Stenholm Udall (NM) Wu Archer Dixon John Rohrabacher Spence Weldon (PA) Strickland Upton Wynn Armey Dooley Johnson (CT) Ros-Lehtinen Spratt Weller Stump Velazquez Young (FL) Baca Doolittle Johnson, Sam Rothman Stabenow Wexler Bachus Doyle Jones (NC) Roukema Stearns Weygand NAYS—6 Baker Dreier Kaptur Roybal-Allard Stenholm Whitfield Doolittle Pombo Sanford Baldacci Duncan Kasich Royce Strickland Wicker Paul Rohrabacher Smith (MI) Ballenger Dunn Kelly Rush Stump Wilson Barcia Ehlers Kildee Ryan (WI) Sununu Wise NOT VOTING—8 Barr Ehrlich Kilpatrick Ryun (KS) Sweeney Wolf Cook Markey Vento Barrett (NE) Emerson King (NY) Salmon Talent Wu Lazio McIntosh Young (AK) Bartlett English Kingston Sandlin Tancredo Wynn Linder Tiahrt Barton Eshoo Klink Sanford Tanner Young (FL) Bass Etheridge Knollenberg b 1422 Bateman Evans Kolbe NAYS—27 Bentsen Everett Kucinich Ackerman Jackson (IL) Oberstar Ms. GRANGER and Mr. ADERHOLT Bereuter Ewing Kuykendall Campbell Jackson-Lee Payne changed their vote from ‘‘nay’’ to Berkley Farr LaFalce Chenoweth-Hage (TX) Pickett Berry Fattah LaHood ‘‘yea.’’ Clay Johnson, E. B. Scott Biggert Filner Lampson Conyers Jones (OH) Stark So (two-thirds having voted in favor Bilbray Fletcher Largent Davis (IL) Kanjorski Thompson (CA) thereof) the rules were suspended and Bilirakis Foley Latham Edwards Lee Bishop Forbes LaTourette Velazquez the concurrent resolution, as amended, Gejdenson McDermott Waters was agreed to. Blagojevich Ford Leach Gonzalez McKinney Bliley Fossella Lewis (CA) Hastings (FL) Nadler The result of the vote was announced Blunt Fowler Lewis (KY) as above recorded. Boehlert Franks (NJ) Lipinski ANSWERED ‘‘PRESENT’’—66 The title of the concurrent resolution Boehner Frelinghuysen LoBiondo Bonilla Frost Lucas (KY) Abercrombie Hooley Obey was amended so as to read: Bonior Gallegly Lucas (OK) Baird Hoyer Olver Baldwin Inslee ‘‘Concurrent resolution expressing the Bono Ganske Luther Owens Barrett (WI) Kennedy Pelosi sense of the Congress that the Federal Gov- Borski Gekas Maloney (CT) Becerra Kind (WI) Rangel ernment and the States should engage in Boswell Gephardt Maloney (NY) Brady (PA) Gibbons Manzullo Berman Kleczka Rivers greater oversight of title loan and title pawn Brady (TX) Gilchrest Martinez Blumenauer Lantos Sabo transactions, work cooperatively to address Brown (FL) Gillmor Mascara Boucher Larson Sanchez Boyd Levin the problem of abuses in title loan and title Brown (OH) Gilman Matsui Sanders Capuano Lewis (GA) pawn transactions through effective legisla- Bryant Goode McCarthy (NY) Schakowsky Carson Lofgren tion at both the Federal and State level, as Burr Goodlatte McCollum Sisisky Burton Goodling McCrery Clayton Lowey necessary, and ensure that any Federal legis- Coyne McCarthy (MO) Slaughter lative effort preserves the ability of the Buyer Gordon McHugh Smith (WA) Callahan Goss McInnis DeFazio McGovern States to enact stronger protections for con- DeGette Meehan Stupak Calvert Graham McIntyre Tauscher sumers with respect to such transactions. Camp Granger McKeon Delahunt Meeks (NY) Thurman Canady Green (TX) McNulty Dicks Millender- A motion to reconsider was laid on Tierney Cannon Green (WI) Meek (FL) Dingell McDonald Udall (CO) the table. Capps Greenwood Menendez Doggett Miller, George Engel Minge Watt (NC) f Cardin Gutierrez Metcalf Castle Gutknecht Mica Frank (MA) Mink Waxman Chabot Hall (OH) Miller (FL) Hilliard Moran (VA) Woolsey ANNOUNCEMENT BY THE SPEAKER Hinchey Neal PRO TEMPORE Chambliss Hall (TX) Miller, Gary Clement Hansen Moakley NOT VOTING—8 The SPEAKER pro tempore (Mr. Clyburn Hastings (WA) Mollohan Coble Hayes Moore Cook Markey Vento IMPSON S ). Pursuant to clause 8 of rule Coburn Hayworth Moran (KS) Lazio McIntosh Young (AK) XX, the Chair will reduce to 5 minutes Collins Hefley Morella Linder Tiahrt the minimum time for electronic vot- Combest Herger Murtha ing on each additional motion to sus- Condit Hill (IN) Myrick Cooksey Hill (MT) Napolitano b 1432 pend the rules on which the Chair has Costello Hilleary Nethercutt postponed further proceedings. Cox Hinojosa Ney Ms. WATERS and Mr. STARK Cramer Hobson Northup changed their vote from ‘‘yea’’ to f Crane Hoeffel Norwood ‘‘nay.’’ Crowley Hoekstra Nussle EXPRESSING THE SENSE OF THE Cubin Holden Ortiz Mr. OSE and Mr. FORD changed HOUSE OF REPRESENTATIVES Cummings Holt Ose their vote from ‘‘nay’’ to ‘‘yea.’’ THAT THE OHIO MOTTO IS CON- Cunningham Horn Oxley Mr. DICKS changed his vote from STITUTIONAL Danner Hostettler Packard Davis (FL) Houghton Pallone ‘‘nay’’ to ‘‘present.’’ The SPEAKER pro tempore. The Davis (VA) Hulshof Pascrell Messrs. DELAHUNT, HOYER, pending business is the question of sus- Deal Hunter Pastor MORAN of Virginia and KENNEDY of DeLauro Hutchinson Paul pending the rules and agreeing to the DeLay Hyde Pease Rhode Island changed their vote from resolution, H. Res. 494. DeMint Isakson Peterson (MN) ‘‘yea’’ to ‘‘present.’’

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12551 So (two-thirds having voted in favor Frelinghuysen Lipinski Ros-Lehtinen Wise Woolsey Wynn thereof), the rules were suspended and Frost LoBiondo Rothman Wolf Wu Young (FL) Gallegly Lofgren Roukema the resolution was agreed to. Ganske Lowey Roybal-Allard NAYS—2 The result of the vote was announced Gejdenson Lucas (KY) Royce Hefley Sanford as above recorded. Gekas Lucas (OK) Rush Gephardt Luther ANSWERED ‘‘PRESENT’’—1 A motion to reconsider was laid on Ryan (WI) Gibbons Maloney (CT) Ryun (KS) Metcalf the table. Gilchrest Maloney (NY) Sabo Gillmor Manzullo Salmon NOT VOTING—10 f Gilman Martinez Sanders Camp Markey Vento Gonzalez Mascara Sandlin Cook McIntosh Young (AK) PERSONAL EXPLANATION Goode Matsui Sawyer Kilpatrick Sanchez Goodlatte McCarthy (MO) Saxton Lazio Tiahrt Mrs. CHENOWETH-HAGE. Mr. Goodling McCarthy (NY) Scarborough Speaker, it was my intention to vote Gordon McCollum b 1441 Goss McCrery Schaffer ‘‘yea’’ on rollcall vote No. 332 (H. Res. Schakowsky 494), but was recorded as voting ‘‘nay.’’ Graham McDermott So (two-thirds having voted in the Granger McGovern Scott favor thereof), the rules were sus- H. Res. 494 acknowledges the impor- Sensenbrenner Green (TX) McHugh pended and the bill was passed. tance of God in our institutions and Green (WI) McInnis Serrano our lives. Greenwood McIntyre Sessions The result of the vote was announced Gutierrez McKeon Shadegg as above recorded. f Gutknecht McKinney Shaw A motion to reconsider was laid on Hall (OH) McNulty Shays the table. JAMES H. QUILLEN UNITED Hall (TX) Meehan Sherman Hansen Meek (FL) Sherwood f STATES COURTHOUSE Hastings (FL) Meeks (NY) Shimkus The SPEAKER pro tempore (Mr. Hastings (WA) Menendez Shows PERSONAL EXPLANATION Hayes Mica Shuster SIMPSON). The pending business is the Hayworth Millender- Simpson Mr. TIAHRT. Mr. Speaker, I was unavoid- question of suspending the rules and Herger McDonald Sisisky ably detained and missed rollcall vote Nos. passing the bill, H.R. 4608. Hill (IN) Miller (FL) Skeen 331–333. Rollcall vote No. 331 was on pas- Hill (MT) Miller, Gary Skelton The Clerk read the title of the bill. Hilleary Miller, George sage of H. Con. Res. 312, Expressing the The SPEAKER pro tempore. The Slaughter Hilliard Minge Smith (MI) Sense of Congress that States Should More question is on the motion offered by Hinchey Mink Smith (NJ) Closely Regulate Pawn and Title Loan Trans- the gentleman from Ohio (Mr. Hinojosa Moakley Smith (TX) Hobson Mollohan actions; rollcall vote. No. 332 was on passage Smith (WA) LATOURETTE) that the House suspend Hoeffel Moore Snyder of H. Res. 494, Expressing the Sense of the the rules and pass the bill, H.R. 4608, on Hoekstra Moran (KS) Souder House that the Ohio State Motto is Constitu- Holden Moran (VA) which the yeas and nays are ordered. Spence Holt Morella tional and Courts Should Uphold It; rollcall Spratt This is a 5-minute vote. Hooley Murtha vote No. 333 was on passage of H.R. 4608, The vote was taken by electronic de- Horn Myrick Stabenow Designating the ‘‘James H. Quillen United vice, and there were—yeas 421, nays 2, Hostettler Nadler Stark Stearns States Courthouse’’. Had I been present, I answered ‘‘present’’ 1, not voting 10, as Houghton Napolitano Hoyer Neal Stenholm would have voted ‘‘yea’’ on each of the three follows: Hulshof Nethercutt Strickland suspension bills. [Roll No. 333] Hunter Ney Stump Hutchinson Northup Stupak f YEAS—421 Hyde Norwood Sununu PROVIDING FOR CONSIDERATION Abercrombie Boyd Davis (IL) Inslee Nussle Sweeney Ackerman Brady (PA) Davis (VA) Isakson Oberstar Talent OF H.R. 4733, ENERGY AND Aderholt Brady (TX) Deal Istook Obey Tancredo WATER DEVELOPMENT APPRO- Allen Brown (FL) DeFazio Jackson (IL) Olver Tanner PRIATIONS ACT, 2001 Andrews Brown (OH) DeGette Jackson-Lee Ortiz Tauscher Archer Bryant Delahunt (TX) Ose Tauzin Mr. HASTINGS of Washington. Mr. Armey Burr DeLauro Jefferson Owens Taylor (MS) Speaker, by direction of the Com- Baca Burton DeLay Jenkins Oxley Taylor (NC) Bachus Buyer DeMint John Packard Terry mittee on Rules, I call up House Reso- Baird Callahan Deutsch Johnson (CT) Pallone Thomas lution 532 and ask for its immediate Baker Calvert Diaz-Balart Johnson, E. B. Pascrell Thompson (CA) consideration. Baldacci Campbell Dickey Johnson, Sam Pastor Thompson (MS) The Clerk read the resolution, as fol- Baldwin Canady Dicks Jones (NC) Paul Thornberry Ballenger Cannon Dingell Jones (OH) Payne Thune lows: Barcia Capps Dixon Kanjorski Pease Thurman H. RES. 532 Barr Capuano Doggett Kaptur Pelosi Tierney Barrett (NE) Cardin Dooley Kasich Peterson (MN) Resolved, That at any time after the adop- Toomey tion of this resolution the Speaker may, pur- Barrett (WI) Carson Doolittle Kelly Peterson (PA) Towns suant to clause 2(b) of rule XVIII, declare the Bartlett Castle Doyle Kennedy Petri Traficant Barton Chabot Dreier Kildee Phelps Turner House resolved into the Committee of the Bass Chambliss Duncan Kind (WI) Pickering Udall (CO) Whole House on the state of the Union for Bateman Chenoweth-Hage Dunn King (NY) Pickett Udall (NM) consideration of the bill (H.R. 4733) making Becerra Clay Edwards Kingston Pitts Upton appropriations for energy and water develop- Bentsen Clayton Ehlers Kleczka Pombo Velazquez Bereuter Clement Ehrlich Klink Pomeroy ment for the fiscal year ending September 30, Visclosky Berkley Clyburn Emerson Knollenberg Porter 2001, and for other purposes. The first read- Vitter Berman Coble Engel Kolbe Portman ing of the bill shall be dispensed with. Points Walden Berry Coburn English Kucinich Price (NC) of order against consideration of the bill for Walsh Biggert Collins Eshoo Kuykendall Pryce (OH) failure to comply with clause 4 of rule XIII Bilbray Combest Etheridge LaFalce Quinn Wamp Waters are waived. General debate shall be confined Bilirakis Condit Evans LaHood Radanovich to the bill and shall not exceed one hour Bishop Conyers Everett Lampson Rahall Watkins Blagojevich Cooksey Ewing Lantos Ramstad Watt (NC) equally divided and controlled by the chair- Bliley Costello Farr Largent Rangel Watts (OK) man and ranking minority member of the Blumenauer Cox Fattah Larson Regula Waxman Committee on Appropriations. After general Blunt Coyne Filner Latham Reyes Weiner debate the bill shall be considered for Boehlert Cramer Fletcher LaTourette Reynolds Weldon (FL) amendment under the five-minute rule. Boehner Crane Foley Leach Riley Weldon (PA) Points of orders against provisions in the bill Weller Bonilla Crowley Forbes Lee Rivers for failure to comply with clause 2 or clause Bonior Cubin Ford Levin Rodriguez Wexler Bono Cummings Fossella Lewis (CA) Roemer Weygand 5(a) of rule XXI are waived. The amendment Borski Cunningham Fowler Lewis (GA) Rogan Whitfield printed in the report of the Committee on Boswell Danner Frank (MA) Lewis (KY) Rogers Wicker Rules accompanying this resolution may be Boucher Davis (FL) Franks (NJ) Linder Rohrabacher Wilson offered only by a Member designated in the

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report and only at the appropriate point in only at the appropriate time in the yielding me the customary 1⁄2 hour, and the reading of the bill, shall be considered as reading of the bill, shall be considered I yield myself such time as I may con- read, shall be debatable for the time speci- as read, shall be debatable for the time sume. fied in the report equally divided and con- specified in the report, equally divided Mr. Speaker, I rise in support of the trolled by the proponent and an opponent, shall not be subject to amendment, and shall and controlled by a proponent and an open rule, but have several concerns re- not be subject to a demand for division of the opponent, shall not be subject to garding the underlying bill. Despite the question in the House or in the Committee of amendment, and shall not be subject to best efforts of the Subcommittee on the Whole. All points of order against the a demand for a division of the question Energy and Water Development chair- amendment printed in the report are waived. in the House or in the Committee of man and members to put together a bi- During consideration of the bill for amend- the Whole. partisan bill, the fiscal year 2001 En- ment, the Chairman of the Committee of the The rule also waives all points of ergy and Water Development appro- Whole may accord priority in recognition on order against the amendment printed priations bill is yet another spending the basis of whether the Member offering an amendment has caused it to be printed in the in the report, and authorizes the Chair bill that misses the boat. portion of the Congressional Record des- to accord priority in recognition to On the one hand, the bill funds nu- ignated for that purpose in clause 8 of rule Members who have preprinted their merous projects of critical importance XVIII. Amendments so printed shall be con- amendments in the CONGRESSIONAL to many of our districts. At the same sidered as read. The Chairman of the Com- RECORD. The rule allows the Chairman time, however, it leaves serious spend- mittee of the Whole may: (1) postpone until of the Committee of the Whole to post- ing gaps that fail to address real-world a time during further consideration in the pone votes during consideration of the concerns that will have to be dealt Committee of the Whole a request for a re- bill and to reduce voting time to 5 min- with before the bill is signed into law. corded vote on any amendment; and (2) re- For instance, gas prices have topped duce to five minutes the minimum time for utes on a postponed question if the electronic voting on any postponed question vote follows a 15-minute vote. Finally, $2 per gallon in many places. While the that follows another electronic vote without the rule provides on a motion to re- Federal Government has launched an intervening business, provided that the min- commit with or without instructions. investigation through the Federal imum time for electronic voting on the first Mr. Speaker, the gentleman from Trade Commission in hopes of uncover- in any series of questions shall be 15 min- California (Mr. PACKARD), the chair- ing the answer to what is behind the utes. At the conclusion of consideration of man of the Subcommittee on Energy soaring prices, the bill fails to ade- the bill for amendment the Committee shall and Water Development, and the gen- quately address the roots of the gaso- rise and report the bill to the House with tleman from Indiana (Mr. VISCLOSKY), line price problem. such amendments as may have been adopted. When oil prices plunged to $8 to $10 a The previous question shall be considered as the ranking member of the sub- ordered on the bill and amendments thereto committee, are to be commended for barrel in March of 1999, the current to final passage without intervening motion their efforts on this legislation. H.R. leadership took little action to protect except one motion to recommit with or with- 4733 appropriates funds for civil domestic oil producers, and when gas out instructions. projects of the Corps of Engineers, the prices across the Nation stood at $1 per Department of Interior’s Bureau of gallon, the majority party leadership b 1445 Reclamation, most of the Department pushed to eliminate the Energy De- The SPEAKER pro tempore (Mr. of Energy, and several independent partment entirely. They ignored efforts SIMPSON). The gentleman from Wash- agencies such as the Tennessee Valley by Members to replenish the Strategic ington (Mr. HASTINGS) is recognized for Authority, the Bonneville Power Ad- Petroleum Reserve with oil from strug- 1 hour. ministration, and the Nuclear Regu- gling domestic producers. Had they Mr. HASTINGS of Washington. Mr. latory Commission. acted, the Strategic Petroleum Reserve Speaker, for the purposes of debate The bill appropriates $21.7 billion in could have 115 million barrels more of only, I yield the customary 30 minutes new budget authority, which is $546 oil, and we might have a healthier do- to the gentlewoman from New York million more than fiscal year 2000, but mestic oil industry. (Ms. SLAUGHTER), pending which I yield $952 million less than the President’s Fortunately, the rule will protect ef- myself such time as I may consume. request. The vast majority of the bill’s forts in committee by the gentlewoman During consideration of this resolu- funding, $17.3 billion, goes to various from Michigan (Ms. KILPATRICK) to tion, all time yielded is for the purpose programs run by the Department of amend the bill to reauthorize the Stra- of debate only. Energy, such as cleanup of nuclear tegic Petroleum Reserve. Were it not Mr. Speaker, H. Res. 532 provides an waste on a number of Federal facilities, for the gentlewoman from Michigan open rule for consideration of H.R. 4733, including the Hanford Nuclear Reserva- (Ms. KILPATRICK) offering this amend- the Energy and Water appropriations tion in my district. ment adopted in the committee, the bill for fiscal year 2001. The resolution The bill also allocates $4.1 billion for floor amendment proposed today would waives clause 4 of rule XIII, requiring a the Army Corps of Engineers and $770 not be germane to the bill. The full 3-day layover of the committee report million to the Department of the Inte- House will also have an opportunity in and requiring a 3-day availability of rior. The funding in this bill is nec- the amendment process to establish a printed hearings on a general appro- essary to protect important invest- new regional home heating oil reserve priation bill against consideration of ments in our Nation’s water and energy in the Northeast, a program of critical the bill. infrastructure and to maintain and op- importance to my district in Rochester The rule provides 1 hour of general erate the wide range of facilities and and one I have long supported. debate to be equally divided between programs within the subcommittee’s Nevertheless, the underlying bill is the chairman and ranking minority jurisdiction. $100 million short of the President’s re- member of the Committee on Appro- As a Member of Congress from the quest for solar and renewable energy priations. The rule waives clause 2 of West, I am particularly aware of the research, stifling hope for developing Rule XXI, prohibiting unauthorized or importance of these projects. There- marketable solutions to what promises legislative provisions in an appropria- fore, I commend the members of the to be a perennial problem. This makes tions bill, and clause 5(1) of rule XXI, Energy and Water subcommittee for little sense. The majority continues to prohibiting a tax or tariff provision in their effort on this legislation, and I criticize the administration for failing a bill not reported by a committee with urge my colleagues to support both the to have an energy policy, yet has sys- jurisdiction over revenue measures, rule and the underlying bill, H.R. 4733. tematically shut down administration against provisions in the bill. Mr. Speaker, I reserve the balance of initiatives to fund energy research ef- The bill further provides that the my time. forts that could help in finding a solu- amendment printed in the Committee Ms. SLAUGHTER. Mr. Speaker, I tion to this problem. on Rules may be offered only by a thank the gentleman from Washington During consideration of this bill at Member designated in the report and (Mr. HASTINGS), my colleague, for full committee, the gentlewoman from

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Ohio (Ms. KAPTUR) offered an amend- The gentlewoman from Michigan did Mr. Speaker, today the Congress is ment to restore the line for Solar and take the lead in full committee to add rightly taking action to reauthorize Renewable Energy Research to the a simple reauthorization for the short- the President’s ability to use the Stra- level requested in the President’s budg- term extension of the strategic petro- tegic Petroleum Reserve, establish a et. The amendment was rejected by the leum reserve. If it was not for her ef- Northeast Home Heating Reserve, and committee on a party line vote. forts in full committee and the efforts authorize the Department of Energy to This has been a continuing pattern of her Democratic cosponsors, the purchase oil from stripper wells when throughout the appropriations process. amendment in order by this rule would the price drops below $15 a barrel, all The House has just passed the VA-HUD not have been germane, and it would measures Democrats have long been appropriations bill, which slashes the not have been allowed to be offered advocating, as indicated by the pre- President’s budget request for the Na- today in this Chamber. In fact, the vious speaker, the ranking member on tional Science Foundation by half a Chairman of the authorizing com- the subcommittee. billion dollars. Floor action on the In- mittee, the gentleman from Virginia But the Republican budget continues terior bill made a bad situation worse (Mr. BLILEY), wrote to the Committee to ignore many of the crucial long- by leaving the bill $100 million below on Rules asking that the Kilpatrick term investments that are vital to last year’s level on energy efficiency. language not be protected from a point America’s future energy independence. The Congress does not have the abil- of order since it was authorizing in an I call on the Republican leadership to ity or the desire to set fuel prices, but appropriations bill. If the chairman of call a halt to the photo ops and press we should have the good sense to sup- the Committee on Commerce objected releases and stop attempting to abolish port research into ways to avoid the so strongly to the Kilpatrick language, the Department of Energy, and finally kinds of shocks high fuel prices can de- a simple 1-year reauthorization of the work with Democrats to make invest- liver to our economy and encourage Strategic Petroleum Reserve just to ments in research and renewable en- the development of alternative energy get the process moving, then surely he ergy sources that are vital to Amer- sources and domestic energy produc- must have even more vehemently ob- ica’s energy independence. jected to the language made in order tion. Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, I reserve the balance of by this rule, which goes much further. yield 11⁄2 minutes to the gentleman Mr. Speaker, this rule makes in order my time. from Colorado (Mr. UDALL). an amendment by the gentleman from Mr. HASTINGS of Washington. Mr. Mr. UDALL of Colorado. Mr. Speak- Pennsylvania (Mr. SHERWOOD) that ba- Speaker, I would advise the gentle- er, I thank my colleague, the gentle- sically duplicates language that was in woman from New York (Ms. SLAUGH- woman from New York that I have no the bill passed by the House a few requests for time, and I reserve the bal- TER), for yielding time to me. weeks ago, the same language of the Mr. Speaker, I rise in support of the ance of my time. majority of the other body. So I do rule and in general support of the bill. Ms. SLAUGHTER. Mr. Speaker, I want to make one thing clear. We are The rule appropriately provides an op- yield 5 minutes to the gentleman from today considering a bill with language portunity for the House to consider Indiana (Mr. VISCLOSKY). put into it at full committee by the germane amendments to this impor- Mr. VISCLOSKY. Mr. Speaker, I gentlewoman from Michigan (Ms. KIL- tant appropriations measure. thank the gentlewoman for yielding me PATRICK). On the bill, I am sure each of us this time. Ms. SLAUGHTER. Mr. Speaker, I might want it to be different one way Mr. Speaker, I rise today to set the yield 3 minutes to the gentleman from or another. For example, I do not think record straight as far as the rule that Texas (Mr. FROST). it does enough for solar and renewable is before us. The Energy and Water bill, Mr. FROST. Mr. Speaker, not only energy programs. That is why I will be as reported out of subcommittee, in- has there been a failure of leadership joining many others in trying to im- cludes only the language offered in on the part of the Republican majority prove that part of the bill. Overall, I committee by the gentlewoman from when it comes to energy independence, think the committee has done a good Michigan (Ms. KILPATRICK) that would there has been a concerted effort to un- job, especially considering the limits deal with the critical issue of rising dercut the efforts of the administration imposed by the budget resolution. gasoline prices, and I want to make to address energy issues. In fact, mem- In particular, I want to express my that very clear today. bers of the Republican leadership have appreciation for the fact the com- Why is this the case? Perhaps it is jeopardized our abilities to address our mittee has included all the money that because the appropriations bill that energy needs by attempting to abolish was requested for the nuclear facilities should have been dealt with on this the Department of Energy, slashing en- closure projects, an increase of more issue was the Interior bill. That bill ergy efficiency programs, and selling than $21.8 million over this year’s passed the House on June 15 after the off the strategic petroleum reserve. amount for that purpose. This is cru- House rejected a proposal by the gen- In the past few weeks, as the price of cial for my district because the Rocky tleman from Vermont (Mr. SANDERS) to gasoline has soared, the Republican Flats facility, located in my congres- include funding for the Northeast home majority has offered not one solution sional district, is just a few miles from heating oil reserve, as requested by the to America’s consumers. the center of our State’s major popu- President of the United States. b 1500 lation areas. Safe, effective, and timely The majority’s interior appropriation Instead, where American families see clean-up and closure of the flats is a bill did nothing to address the rising an energy crisis that jeopardizes their matter of highest priority for all Colo- gasoline prices in this country. After summer vacations, Republican leaders radans. I greatly appreciate the com- their refusal to do anything in the full see an opportunity to score political mittee’s inclusion of the requested Committee on Appropriations, the gen- points and cover up their 6-year record funding for this purpose. tlewoman from Michigan (Ms. KIL- of negligence on energy independence. I also want to join the committee in PATRICK) did seek a vehicle, that is this The Republicans have cut crucial en- urging the DOE to ensure that the bill, the Energy and Water bill, to ad- ergy supply programs by 23 percent complex-wide funding issues are ad- dress the issue. I would also par- below the President’s request, includ- dressed as they relate to closure for enthetically add that she follows on ing $106 million less than requested for Rocky Flats. As the committee has other initiatives taken by many Mem- solar and renewable energy programs. correctly noted, if DOE is to keep on bers on our side of the aisle from New They have even cut these programs by its timetable for closing Rocky Flats, England, the State of Pennsylvania, $61 million below the current appro- important tasks must be completed at and other areas, pursuant to negotia- priation. other sites, as well. tions and meetings with the President The Republican bill also cuts re- I urge support for the rule so the in January, in February, and other leg- search by $320 million, or 10 percent House can begin to consider this very islative initiatives. below the President’s request. important measure.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12554 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Mr. HASTINGS of Washington. Mr. We can support this bill. It is not per- this Congress, is to cut and gut the Speaker, I am pleased to yield 3 min- fect, it could be better, but we cer- weatherization conservation efforts, utes to the gentleman from New Jersey tainly are going to support the rule not to address fuel efficiency stand- (Mr. FRELINGHUYSEN), a member of the and the bill that will be before us. ards, not to do anything to lay the subcommittee. I want to urge the Federal Trade groundwork to having a comprehensive Mr. FRELINGHUYSEN. Mr. Speaker, Commission, who has been now as- energy policy so we can become en- I thank the gentleman for yielding signed the task, to look at the high ergy-independent and not energy-de- time to me. gasoline prices that Americans are fac- pendent. Mr. Speaker, I rise to support the ing today. In our State of Michigan, It is easy to try to blame people, but rule, to make brief comments in sup- people who are on fixed incomes, who it is a lot harder to work together and port of the energy and water bill, and do work, who have to drive to work, establish these policies. We have been to make a few comments on security find buying gas at over $2 a gallon is working very hard in the Northeast issues and the current oil crisis. too much. It restricts their family re- and the Southeast and throughout the Mr. Speaker, our committee, under sources, it restricts what they need for country to establish a comprehensive, the leadership of the gentleman from their housing, what they need for their bipartisan energy policy. California (Chairman PACKARD), right- children. We ought to take a look at Many months ago, legislation was ly has addressed the critical issues of that. authored by the gentleman from security at our Nation’s nuclear labs Additionally, truckers have advised Vermont (Mr. SANDERS), the gentleman by providing an additional $331 million me that the high gas prices really from Massachusetts (Mr. MARKEY), and for the National Nuclear Security Ad- make it impossible for them to bring in the gentleman from Michigan (Mr. ministration, for a total of over $6 bil- revenues, bring in profits that they use BARTON) and many of us in the North- lion. to take care of their families. Many east and across the aisle to try to get Mr. Speaker, the problem of security independent truckers find that the the heating oil reserve established, to at our national labs is one of leader- high gasoline prices, in Michigan any- try to lay the groundwork for the Stra- ship, not of resources. The security at where from $2.19 to $2.39 a gallon, are tegic Petroleum Reserve reauthoriza- our national labs, or at least some of not adequate. We have to look at it. I tion, to give the President the power to our labs, has not just been com- want to urge the Federal Trade Com- be able to do that. promised, it has been violated. It is mission to take a good look. Congress and the leadership in Con- time for Secretary Richardson to ac- In the State of Michigan, tourism is gress, where have they been? It has cept the responsibility for the ongoing our third revenue producer for our been weeks since the last action was security violations and to take what- State. With the high gas prices, many taken. We have the legislation in an ever actions are necessary to restore people are rethinking their travel amendment form before us that has the faith of the American people in plans. Many people are not going to be been submitted, and it takes away the their ability to secure our Nation’s nu- going as far or coming to our State be- issue from the gentlewoman from clear secrets. cause of the high gasoline prices. Michigan (Ms. KILPATRICK) and others Furthermore, even with the strong I believe we have to do something, who have worked on this legislation. congressional support from our com- that we have to have the Trade Com- Nowhere do we see any credit being mittee, the leadership of the Depart- mission act on it soon and not take a able to be given for all of the hard ment of Energy has been lacking, par- long time, and at the same time, that work they have done in regard to this ticularly in regard to developing a we do not posture as Congressmen and legislation. comprehensive energy strategy. Get- Congresswomen to get credit. This is We must seek to have a bipartisan, ting as much oil as we can for as little not a credit issue, this is an American comprehensive energy policy. It is way as we can is not energy policy. Recent issue. beyond time that any reasonable per- oil prices clearly show that the Sec- I want to thank the Committee on son would have taken action. Mr. retary has once again been negligent. Rules as well as the subcommittee for Speaker, today we are considering an One of the core missions of the De- doing their work. It seems possible amendment that is identical to the leg- partment of Energy, and I quote, is ‘‘to that in this great, prosperous time of islation that this Congress should have develop and implement a national en- ours, we can succeed as a nation. sent to the President a long time ago. ergy policy.’’ Congress has provided the Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, we must act on this leg- necessary resources, and the increased yield 21⁄2 minutes to the gentleman islation. We must get it to the Presi- funding for the Department contained from Maine (Mr. BALDACCI). dent, or history is going to repeat itself in this bill needs to be spent wisely and Mr. BALDACCI. Mr. Speaker, I thank again in the Northeast. That is not with strict accountability so that a the gentlewoman for yielding time to going to be pleasant for the people that workable energy strategy can be devel- me. we seek to represent. oped to address exorbitant energy Mr. Speaker, I would like to thank Ms. SLAUGHTER. Mr. Speaker, I costs. the ranking member, the gentleman yield 2 minutes to the gentleman from On the issue of national security, on from Indiana (Mr. VISCLOSKY), for Texas (Mr. BENTSEN). the issue of an energy policy, the Sec- doing outstanding work as the ranking Mr. BENTSEN. Mr. Speaker, I rise in retary needs to do better. member of the Subcommittee on En- support of the rule and in support of Ms. SLAUGHTER. Mr. Speaker, I ergy and Water Development of the H.R. 4733, the fiscal year 2001 energy yield 2 minutes to the gentlewoman Committee on Appropriations. and water appropriations bill. from Michigan (Ms. KILPATRICK). I am supporting the rule and I sup- I would like to thank the gentleman Ms. KILPATRICK. Mr. Speaker, I port the bill. It is completely unfortu- from California (Chairman PACKARD) rise in support of the rule today, and to nate that the circumstances in rela- and the ranking member, the gen- thank our ranking member for the te- tionship to the heating oil and petro- tleman from Indiana (Mr. VISCLOSKY), nacity that he has shown and the lead- leum and gasoline supplies in our coun- for their hard work on this important ership he has shown in protecting a try have taken this long to address. legislation, as well as my good friend, very important amendment as we ad- There has been a delegation from the the gentleman from Texas (Mr. ED- dress the high gas prices in America Northeast and New England that have WARDS) for all the help they have pro- today. worked together since early January vided our constituents in the greater To the gentleman from California meeting with the President, meeting Houston area. (Mr. PACKARD), I thank him for his with the Energy Secretary, trying to In particular, I want to highlight work and for the product he has get this Congress to confront the that the bill fully funds the request for brought before us today. This, unlike issues. All we have been able to get important U.S. Army Corps of Engi- some of the other bills, is a close call. from this Congress, the leadership of neers projects in the greater Houston

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12555 area. In particular, the bill provides not an option, especially for those who is low. This can only mean one thing. If the second consecutive year full fund- are dependent upon home heating oil we do not adequately prepare for next ing for the Brays Bayou project in and have to make the awful choice be- winter, we will have a home heating oil southwest Houston at $6 million for fis- tween heating their homes, providing disaster on our hands. cal year 2001. themselves with prescription drugs But my colleagues do not have to This project is necessary to improve that they need, or in fact the food that take my word for it. I quote from an flood protection for an extensively de- they place on their table. article that appeared in USA Today veloped residential area along the Mr. Speaker, I associate myself with just yesterday: ‘‘Those who heat with Brays Bayou in southwest Harris Coun- the remarks of the gentleman from oil will shiver this winter and pay a ty. This project was originally author- Maine (Mr. BALDACCI) who spoke elo- premium. Just 15.3 million barrels of ized in the WRDA 1990 act as part of a quently about the coalition of those of heating oil are stockpiled for the East $400 million local flood control project. us in the Northeast who have sought Coast, which uses 75 percent of the Na- Subsequently, the Brays project was bipartisan support, especially in the tion’s heating oil in the winter. That’s reauthorized as one of the original area of the release of the Strategic Pe- well down from 41.3 million barrels on sites for a demonstration project for troleum Reserve and the establishment hand last June.’’ new Federal reimbursement program of a strategic home heating oil fuel Mr. Speaker, we all know what hap- as part of the WRDA 1996 bill based base for those who need this kind of re- pened last year. Home heating oil upon legislation drafted by my col- lief. prices were the highest they have ever league, the gentleman from Texas (Mr. I further concur with the gentle- been in history. And now we are faced DELAY) and myself, which has woman from Michigan (Ms. KIL- with a home heating oil stockpile that strengthened the core and local spon- PATRICK) about the need for the Federal is 37 percent lower than last year. It sor role in giving the local sponsor a Trade Commission to further pursue does not take a genius to figure out greater responsibility. these companies with respect to what that we are setting ourselves up for a Recently, the local sponsor, the Har- seems to be gouging at the gas lines. huge heating oil crisis next year unless ris County, Texas, Commissioners Further, I would also note that there Congress acts now. Court, approved the Brays redesign per is an important need for an investment According to Bill O’Grady, oil ana- the WRDA 1996 Act, and now this that is not addressed in this legisla- lyst at A.G. Edwards & Sons, ‘‘If we project can move forward with strong tion. We currently import somewhere have a cold winter early, we could end public support. in the area of $5 billion worth of oil a up seeing in heating oil what we’re see- I am also gratified the subcommittee month. That is $60 billion a year. We ing in gas prices in spades.’’ decided to fully fund the Sims Bayou are making cuts in the very area of re- Mr. Speaker, we must not let this project at $11.8 million. This is a search and development, specifically in happen. We must make certain that project that also affects an area of the area of fuel cells, that could benefit the huge increase in home heating oil southeastern Harris County that is us and allow us to compete in a global prices that we experienced last winter heavily residential. This project is 2 economy, and get us to a point where never happens again. Too many people years ahead of schedule. It is about we are not dependent upon foreign were hurt by that huge increase in midstream right now, scheduled to be sources of oil, so we can provide our- home heating oil prices. The astronom- completed in 2004. It is critically im- selves with efficient home heating oil ical prices that our constituents were portant to a number of my constitu- and the means to provide us with forced to pay for home heating oil in ents who live in areas that are other- transportation to and from our jobs. order to stay warm last winter was un- wise ravaged by continual flooding. b 1515 conscionable. Let us unite behind the Finally, Mr. Speaker, I am gratified creation of a Northeast Home Heating that the committee chose to fully fund Ms. SLAUGHTER. Mr. Speaker, I Oil Reserve, and let us make sure that the request for the Houston Ship Chan- yield 3 minutes to the gentleman from we have adequate funding to guarantee nel deepening and widening project. Vermont (Mr. SANDERS). that it is up and running as soon as This is the largest deepening and wid- Mr. SANDERS. Mr. Speaker, I thank possible. ening project that the Corps of Engi- the gentlewoman from New York for neers has been involved in since the yielding me this time. Ms. SLAUGHTER. Mr. Speaker, I Panama Canal. It is important to the Mr. Speaker, I rise in strong support have no further requests for time, and local economy that I and my col- of the specific rule to permit an I yield back the balance of my time. leagues in the Houston area represent. amendment on the floor offered by the Mr. HASTINGS of Washington. Mr. It is also being done in a very environ- gentleman from Pennsylvania (Mr. Speaker, I yield back the balance of mentally sound manner in reestab- SHERWOOD), the gentleman from Texas my time, and I move the previous ques- lishing natural habitat throughout the (Mr. BARTON), and the gentleman from tion on the resolution. Galveston Bay. Massachusetts (Mr. MARKEY) author- The previous question was ordered. I appreciate the fact that the com- izing the establishment of a Northeast The resolution was agreed to. mittee has kept this project on track Home Heating Oil Reserve. Not only do A motion to reconsider was laid on and fully funded the administration’s we need to pass this rule, but what we the table. request. really need to do is to appropriate I urge my colleagues to support the funding for the creation of a Northeast f bill. Home Heating Oil Reserve. Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, we are experiencing an GENERAL LEAVE yield 2 minutes to the gentleman from energy crisis in this country. The price Connecticut (Mr. LARSON). of gasoline is skyrocketing. In the Mid- Mr. PACKARD. Mr. Speaker, I ask Mr. LARSON. Mr. Speaker, I thank west and other parts of the country, unanimous consent that all Members the gentlewoman for yielding time to the price of a gallon of gas is now over may have 5 legislative days within me. $2 a gallon. Throughout the rest of the which to revise and extend their re- Mr. Speaker, I want to thank the country, including my State of marks on the bill, H.R. 4733, and that I gentleman from Indiana (Mr. VIS- Vermont, it is well over $1.50 a gallon, may be permitted to include tabular CLOSKY) for his outstanding work, and and that is unacceptable. and extraneous material. the gentlewoman from New York (Ms. Mr. Speaker, the price of crude oil The SPEAKER pro tempore (Mr. SLAUGHTER), as well. has more than tripled since last year SIMPSON). Is there objection to the re- I would note to my colleagues that and is the highest it has been since the quest of the gentleman from Cali- victory has many fathers, and defeat, Gulf War. The reason the prices are fornia? of course, is an orphan. But defeat is high is because the supply for gasoline There was no objection.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12556 CONGRESSIONAL RECORD—HOUSE June 27, 2000 ANNOUNCEMENT REGARDING LIMI- Committee on Appropriations, and I schedule, and thus we funded it accord- TATION OF AMENDMENTS DUR- believe it merits the support of every ingly. ING CONSIDERATION OF H.R. 4733, Member of this body. We sought to maintain the level of ENERGY AND WATER DEVELOP- Total funding for H.R. 4733 is $21.7 funding for science programs, and we billion. This is over $500 million more MENT APPROPRIATIONS ACT, increased that area over fiscal year than the fiscal year 2000 for energy and 2001 2000. We also recognized that there are water development programs, but al- Mr. PACKARD. Mr. Speaker, I wish delays in some ongoing projects such most a billion dollars below the Presi- to advise all Members that we are as the Spallation Neutron Source, and dent’s budget request. working on a unanimous consent re- we were unable to fund several new quest to bring about a time agreement We were presented with an additional constraint in fiscal year 2001 because science initiatives as proposed in the on all amendments to the bill. Any fiscal year 2001. Members who have not yet contacted our 302(b) allocation consisted of two Funding for the energy supply pro- us regarding possible amendments distinct parts: defense and nondefense. grams of the Department totals $576 should do so as soon as possible so that While the defense allocation in the bill million. This includes about $350 mil- we can protect their right to offer is $12.9 billion, and that is about $755 lion for research and development of amendments. Otherwise, we will be million over the fiscal year 2000 and asking for unanimous consent that the $191 million below the budget request, renewable energy technologies. We rec- amendments that have now been sub- the nondefense portion of the alloca- ognize that this is a little bit short of mitted will be the only amendments tion is significantly less. For the non- what the administration requested, and that will be considered. defense portion of our bill we received we wished that we had the funds to $8.8 billion, which is about $210 million beef that up; but we feel that it is ade- f below the last fiscal year. quate to fund the renewable research ENERGY AND WATER DEVELOP- Despite the bill’s constrained funding effort. MENT APPROPRIATIONS ACT, levels for nondefense programs, it pro- The bill provides $301 million for ura- 2001 vides adequate funding for the continu- nium facilities maintenance and reme- The SPEAKER pro tempore. Pursu- ation of high-priority programs, prom- diation, a new account established to ant to House Resolution 532 and rule ising the greatest return on the invest- consolidate uranium programs that XVIII, the Chair declares the House in ment of taxpayer dollars. were spread through many other ac- Title I of the bill provides funding for the Committee of the Whole House on counts. the State of the Union for the consider- the civil works program of the Corps of The largest spending category for the ation of the bill, H.R. 4733. Engineers. This includes, of course, projects for flood control, navigation, Energy and Water bill is that of envi- b 1520 shoreline protection, and a variety of ronmental restoration and waste man- IN THE COMMITTEE OF THE WHOLE other things. The bill acknowledges the agement of the Department of Energy. Accordingly, the House resolved importance of water infrastructure by Funding for cleanup activities at the itself into the Committee of the Whole funding the civil works program at the variety of sites in title III of the bill House on the State of the Union for the same level as last year, a little over $4 exceeds $6.4 billion for defense and non- consideration of the bill (H.R. 4733) billion. defense programs. making appropriations for energy and Within the amount appropriated for The bill also includes $6.1 billion for water development for the fiscal year the Corps of Engineers, $153 million is new National Nuclear Security Admin- ending September 30, 2001, and for for general investigations and $1.38 bil- istration, a semiautonomous agency other purposes, with Mr. BARRETT of lion is for the construction program, within the Department of Energy. Title Nebraska in the chair. and about $1.8 billion for the operation IV of the bill provides $107 million re- The Clerk read the title of the bill. and maintenance. duction of $21 million in fiscal year 2000 The CHAIRMAN. Pursuant to the Mr. Chairman, funding for title II, for certain independent agencies of the rule, the bill is considered as having most of which is for the Bureau of Rec- Federal Government, including the Nu- been read the first time. lamation, totals $770 million, a reduc- clear Regulatory Commission, the Ap- Under the rule, the gentleman from tion of $35 million from last year’s fis- palachian Regional Commission, the California (Mr. PACKARD) and the gen- cal level. The bill also includes no Defense Nuclear Facilities Safety tleman from Indiana (Mr. VISCLOSKY) funding for the CALFED Bay-Delta res- Board, and the Nuclear Waste Tech- each will control 30 minutes. toration program, a project which I nical Review Board. The Chair recognizes the gentleman have been greatly interested, in Cali- Mr. Chairman, I owe a great deal of from California (Mr. PACKARD). fornia. The reason for this is because Mr. PACKARD. Mr. Chairman, I yield we did not fund any unauthorized gratitude to the hard-working mem- myself such time as I may consume. projects and the authorization for bers of my Subcommittee on Energy Mr. Chairman, it is a privilege for me CALFED expired this year. Therefore, and Water Development. They have la- to present to the Committee of the it was not funded, to my regret. But to bored with difficult fiscal constraints Whole for its consideration the bill, be consistent with all of the Members, to produce a bill that I think is fair H.R. 4733, making appropriations for we followed that rule. and balanced. I particularly want to energy and water development for the There are reductions in title III of thank the gentleman from Florida (Mr. fiscal year ending September 30, 2001. the bill, which includes the budget of YOUNG) and the gentleman from Wis- Mr. Chairman, this bill provides an- the Department of Energy, particularly consin (Mr. OBEY), the chairman and nual funding for a wide array of Fed- the nondefense programs. Despite con- ranking member of the full Committee eral Government programs which in- strained funding levels, most DOE non- on Appropriations, who helped us and clude such diverse matters as national defense programs are funded at last cooperated with us in crafting the bill. security, environmental cleanup, flood year’s level or slightly below. One ex- Perhaps more importantly than any, control, advanced scientific research, ception to that policy is the Yucca I thank the gentleman from Indiana navigation, alternative energy sources, Mountain program to site a permanent (Mr. VISCLOSKY), the ranking minority nuclear power regulations. geologic repository for spent nuclear member of the subcommittee. It has Programs funded by this bill affect fuel, high-level nuclear fuel. This pro- been a joy to work with him. He has multiple aspects of American life hav- gram was increased about $413 million been extremely helpful in crafting the ing significant implications for domes- to maintain its schedule which calls for bill. And then I certainly want to pay tic security, commercial competitive- the Department of Energy to issue a tribute to our staff on both sides of the ness, and the advance of science. I am site recommendation during the fiscal aisle for their hard work in con- proud of this bill as reported by the year 2001. We wanted to keep that on structing an excellent bill.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12557 Mr. Chairman, I have been pleased to and shoreline protection demonstrably exceed account established to consolidate uranium hear during the debate in the Com- project costs. The bill acknowledges the im- programs that were spread throughout other mittee on Rules the willingness of vir- portance of water infrastructure by funding the accounts. These programs were merged to tually, well, not virtually, every Mem- civil works programs at $4.1 billion, an in- enhance coordination and eliminate duplica- ber that spoke of a willingness to sup- crease of $59.9 million over the amount re- tion in the environmental remediation work port this bill. I would hope that every quested by the Administration, and level with performed at the uranium enrichment facilities Member of the House would support fiscal year 2000. in Tennessee, Kentucky, and Ohio. this bill. We feel it is an excellent bill Within the amount appropriated to the Corps The largest spending category in the Energy within the constraints that we had to of Engineers, $153.3 million is for general in- and Water Bill is that of environmental restora- live with, and I would encourage every vestigations, $1.38 billion is for the construc- tion and waste management at Department of tion program, and $1.85 billion is for operation Member to support it. Energy sites. Funding for cleanup activities in It is my privilege to present to the Com- and maintenance. In addition, the bill includes title III of the bill exceeds $6.4 billion for de- mittee of the Whole for its consideration H.R. $323.4 million for Flood Control, Mississippi fense and non-defense programs. The Com- 4733, making appropriations for energy and River and Tributaries, project. The bill also mittee is dedicated to the environmental res- water development for the fiscal year ending fully funds the budget request of the regulatory toration of areas that participated in the devel- September 30, 2001. Mr. Chairman, this bill program and the Formerly Utilized Sites Re- opment and maintenance of our nuclear secu- provides annual funding for a wide array of medial Action Program. rity complex. This bill reflects the Committee’s Federal government programs which include Mr. Chairman, funding for Title II, most of continued efforts to promote actual, physical such diverse matters as national security, en- which is for the Bureau of Reclamation, totals site cleanups and to accelerate the completion vironmental cleanup, flood control, advanced $770.5 million—a reduction of $35.3 million scientific research, navigation, alternative en- from the fiscal year 2000 level. The bill in- of remediation work at DOE sites. Accordingly, ergy sources, and nuclear power regulation. cludes no funding for the CALFED Bay-Delta the Committee has provided $1.08 billion, the Programs funded by this bill affect multiple as- restoration program whose authorization ex- full amount of the budget request, for defense pects of American life, having significant impli- pires in fiscal year 2000 and fully funds the facilities closure projects. This account con- cations for domestic security, commercial budget request of $38.4 million for the Central centrates funding on discrete sites that are on competitiveness, and the advance of science. Valley Project restoration fund. schedule for cleanup completion by the year I am proud of the bill reported by the Com- There are reductions in Title III of the bill 2006. The Committee has also directed the mittee on Appropriations, and I believe it mer- which includes the budget of the Department Department to establish a cleanup program for its the support of the entire membership of this of Energy, particularly in the non-defense pro- those sites and projects that can be completed body. grams. Despite constrained funding levels, by 2010. Total funding for H.R. 4733 is $21.7 billion. most DOE non-defense programs are funded The bill includes $6.16 billion for the new This is $546 million more than fiscal year 2000 at last year’s level or slightly below. The one National Nuclear Security Administration, a for energy and water development programs, exception is the Yucca Mountain program to semi-autonomous agency within the Depart- but $951.8 million below the President’s budg- site a permanent geologic repository for spent ment of Energy. The bill provides $4.6 billion et request. nuclear fuel. This program was increased to for stewardship of the Nation’s nuclear weap- We were presented with an additional con- $413 million to maintain its schedule which ons stockpile, $861.5 million for defense nu- straint in fiscal year 2001 because our 302b calls for the Department of Energy to issue a clear nonproliferation programs, and $677.6 allocation consisted of two distinct parts: de- site recommendation in fiscal year 2001. million for the naval reactors program. fense and non-defense. While the defense al- We sought to maintain level funding for Title IV of the bill provides $107.5 million, a location in the bill is $12.893 billion which is science programs and provided $2.83 billion, reduction of $21 million from fiscal year 2000, $755.5 million over fiscal year 2000 and $191 an increase of $43.3 million over fiscal year for certain independent agencies of the Fed- million below the budget request, the non-de- 2000. However, there are delays in some on- eral Government, including the Nuclear Regu- fense portion of the allocation is significantly going projects such as the Spallation Neutron latory Commission, the Appalachian Regional less. For the non-defense portion of our bill, Source, and we were unable to fund several Commission, the Defense Nuclear Facilities we received $8.85 billion which is $209.5 mil- new science initiatives proposed in fiscal year Safety Board, and the Nuclear Waste Tech- lion below fiscal year 2000 and $760.7 million 2001. nical Review Board. below the budget request. This was a severe Funding for energy supply programs of the Mr. Chairman, I owe a debt of gratitude to constraint on our ability to provide funding for Department totals $576.5 million. This includes the hard-working and dedicated Members of many programs in this bill. $350.5 million for research and development Despite the bill’s constrained funding levels on renewable energy technologies. Although the Subcommittee on Energy and Water De- for non-defense programs, it provides ade- this falls short of the Administration’s unreal- velopment. They have labored under difficult quate funding for the continuation of high-pri- istic budget request, it is a substantial and fiscal constraints to produce a bill that is bal- ority programs promising the greatest return credible level of funding. The energy supply anced and fair. I am especially grateful to the on the investment of taxpayer dollars. account also includes $231.8 million nuclear Ranking Minority Member, the Honorable PETE Title I of the bill provides funding for the civil energy programs. The bill provides $22.5 mil- VISCLOSKY. It is in large part due to his efforts works program of the Corps of Engineers. The lion for the nuclear energy research initiative that we present a bill that merits the support Subcommittee on Energy and Water Develop- and $5 million, the full amount of the budget of all Members of the House. ment is unanimous in its belief that this pro- request, for the nuclear energy plant optimiza- Mr. Chairman, I urge all Members to support gram is among the most valuable within the tion program. H.R. 4733 as reported by the Committee on Subcommittee’s jurisdiction. The national ben- The bill provides $301.4 million for uranium Appropriations, and I reserve the balance of efits of projects for flood control, navigation facilities maintenance and remediation, a new my time.

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VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00046 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 Insert offset folio 466D/5 here EH27JN00.002 12560 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Mr. PACKARD. Mr. Chairman, I re- I would advise all of the Members of the inland waterway locks and dams serve the balance of my time. that I do support this bill. I do believe today are over 50 years old. Mr. VISCLOSKY. Mr. Chairman, I that the gentleman from California To put it in another perspective, in yield myself such time as I may con- (Mr. PACKARD) has done the best job 1999 constant dollars, in the 1960s, we sume. humanly possible with this bill given were spending nearly $5 billion on Mr. Chairman, I would begin by also the allocations the subcommittee had. water construction projects. Today for commending the gentleman from Cali- But I would note that I for one did inflation adjusted dollars, we are fornia (Chairman PACKARD) and would not vote for the budget resolution spending about $1.7 billion. point out to every Member of the body adopted by this institution, and I did There is no money in the bill for a in this institution that this will be the not vote for the allocations adopted by new recreation facility modernization last Energy and Water bill that the the committee and have not agreed initiative by the administration. There gentleman will bring to the House floor with the allocation we were given. is no money for the Challenge 21 during his tenure as a Member of Con- On the civilian side particularly of Riverine Restoration Program to move gress, given the fact that he will now the legislation, it gives us great trou- towards more nonstructural solutions retire after the 106th Congress. ble. The fact is we are $210 million to many of our flooding and water Mr. Chairman, the gentleman from today under a freeze level for civilian problems. They would also be looking California is a very decent man. He is purposes. Let me note for the Members to have greater coordination with envi- a God-fearing man whose family is the of this Chamber several problems that ronmental restoration. Given the fact most important thing in his life, his it causes. that we have at least a two to one cost wife, Jean, as well as his seven chil- In the area of water projects, and benefit ratio, I think it is a mistake dren. Clearly as important to him is there is hardly a Member in this insti- not to further fund these programs. his country. And whether it was his tution who does not have a problem In the arena of science, I would men- service in defense of this country as a one way or the other with water in tion renewables. There was a debate member of the United States Navy; their district, the spending this year, during the rule about gas prices going whether it was his service as a member while $60 million over the President’s up. Whether one blames OPEC, the oil of a school board ensuring that the request, is $6 million under a freeze. companies, EPA, ethanol, the fact is youth of his community receive the Given the fact that the Corps today has they have gone up. Funding in this bill best education possible for their future; responsibilities of over 400 multipur- currently as we debate it has gone whether it be as the mayor and chief pose reservoirs, 12,000 miles of naviga- down $12 million from last year’s level. executive of his local community or his tion channels, hundreds of ports, and It is my anticipation and I appreciate years of service in this Congress, I cer- 11.6 million acres of land, we fall woe- the fact that it would appear that later tainly respect the gentleman’s three fully short. today that figure will go up. It is anticipated just to fully fund au- great passions in life. Finally, I would point to an initia- thorized active construction projects, b 1530 tive that the administration asks for in those projects that this Congress has the area of nanoscience and But I would be remiss, as I would authorized, that are economically jus- nanotechnology. In 1959, Richard have been remiss in full committee, tified, and are supported by a non-Fed- Feynman delivered a famous lecture; Mr. Chairman, if I did not mention for eral entity, we would need an addi- and in it he challenged his audience to one moment the other great passion in tional $30 billion. envision a time when materials could life of the gentleman from California It is further anticipated that if the be manipulated and controlled on the (Mr. PACKARD), and that is golf. For shadows of the future are not smallest of scales. He said then in 1959 those who do not yet know the good unaltered, the backlog for critically that, when they looked back at this work, the foursome of the gentleman deferred maintenance this coming fis- age, they will wonder why it was not from California (Mr. PACKARD) did win cal year will amount to $450 million. until 1960 that anybody began seriously the recent Bob Michael’s, Founder, The Assistant Secretary of the Army, to move in this direction, and here we Golf Tournament with the lowest team Mr. Westphal, has indicated that, to are 40 years later. score. ensure that projects proceed on the I salute the gentleman from Cali- most efficient schedule possible, we Nanoscale science and synthesis fornia (Mr. PACKARD). He has been a should probably be spending almost would result in a number of benefits: gentleman, a friend, and we will all $700 million more a year. significant improvements in solar en- miss him. People have noted in the past that ergy conservation, more energy effi- I also want to add my thanks, my there has been mission creep by the cient lighting, stronger, lighter mate- deepest thanks as a former staff mem- Corps, that, first, it is flood control rials that would improve efficiency in ber myself, to all of the staff involved projects, then it is navigation, then it transportation, greatly improved on both sides of the aisle, whether they is hydropower, shoreline protection, chemical and biological sensing, and be professional committee staff, and recreation. others. Again, a new science initiative detailees, or associate staff. But I would point out to the body would not be funded. But today, because this is the last that those are all responsibilities we I would simply close again by assur- bill of the gentleman from California collectively have given to the Corps. ing Members that, within the alloca- (Mr. PACKARD), I would also point out We have also seen fit, both the legisla- tions provided, the gentleman from to the House, this is John McNutt’s tive branch and the executive branch, California (Mr. PACKARD) has done a last bill. He is my associate staff mem- to give them additional responsibilities very good job. I do support the bills, ber and has been for the last 7 years 6 as far as environmental restoration, but I would have been remiss in my re- months and 27 days, not that we are water treatment facilities, sewer treat- mark for not pointing out the defi- counting. ment facilities, and the clean up of ciencies given the allocations that we But as I pointed out in my previous contaminated sites. were given that I did not support. remarks before the full committee, Mr. Within the last couple of weeks, we Mr. Chairman, I reserve the balance McNutt is moving on with his life. He had a very controversial debate and of my time. is going to be attending the University vote relative to trade with China. I Mr. PACKARD. Mr. Chairman, yield of Virginia Law School and made the would point out that global commerce such time she may consume to the gen- wise choice, from an academic consid- is projected to double over the next 20 tlewoman from New York (Mrs. KELLY) eration, when he had the option of years, and the harbors and inland wa- for purposes of a colloquy. going to either UVA or the University terways that lead to them will have to Mrs. KELLY. Mr. Chairman, I rise to of Notre Dame, that he chose Virginia. be expanded and maintained for us to enter into the colloquy with the gen- I do wish him well in his endeavor. stay competitive, and that nearly half tleman from California (Mr. PACKARD),

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chairman of the Subcommittee on En- Would the gentleman from California York (Mr. GILMAN) on the same issue ergy and Water Development of the (Mr. PACKARD) agree to work with me that the gentlewoman from New York Committee on Appropriations. in ensuring that the committee con- (Mrs. KELLY) addressed. Mr. Chairman, as the gentleman from tinue to provide strict oversight of this Mr. GILMAN. Mr. Chairman, I would California knows, I had intended to serious matter? like to engage the gentleman from offer an amendment today on an issue Mr. Chairman, I yield to the gen- California (Mr. PACKARD) in a colloquy. of great importance to my district. I tleman from California (Mr. PACKARD). Mr. Chairman, for more than 25 am not going to offer this amendment, Mr. PACKARD. Mr. Chairman, I ap- years, along with my colleagues in my however, with the understanding that preciate very much the gentlewoman area, I have been working with the the gentleman from California is will- from New York bringing this serious communities throughout our Hudson ing to work with me on this matter. matter to the attention of the House, Valley region to ensure the safety of I wish to bring to the gentleman’s at- and I share her concerns over the seri- the Indian Point 2 nuclear power plant tention some serious concerns I have ous nature of the problem at Indian in Buchanan, New York. Over the past regarding the Indian Point 2 nuclear Point 2 nuclear facility, and agree that year, that plant has had to be shut power facility in my district. the NRC inspector general should pro- down on two separate occasions. Prior This plant was shut down in Feb- vide to the NRC all relevant informa- thereto, over the past 25 years, this nu- ruary after a steam generator started tion that its investigation developed clear plant has had to be shut down on leaking radioactive material into the prior to the decision and restart. Let a number of occasions due to the fail- atmosphere. It goes without saying me say to the gentlewoman that I will ure of the plant’s outmoded steam gen- that this was a distressing situation for work closely with her to see that this erators, insufficient emergency pre- my community. What merits men- issue is provided with continued con- paredness, and questions about the in- tioning, and what brings me to the gressional attention in the coming tegrity of the nuclear plant. floor today, however, are the string of months. The facility has been plagued with revelations in the months following Mrs. KELLY. Mr. Chairman, I thank safety problems over the years. It is this incident which have fundamen- the gentleman from California for his the only nuclear power reactor in the tally undermined the community’s attention to this matter. I hope that entire country which is still operating confidence in the safety of the plant. this matter will be resolved in the in- with the outmoded Westinghouse The Nuclear Regulatory Commission terest of my constituents. Model 44 steam generators. Neverthe- itself admitted in March that previous Mr. VISCLOSKY. Mr. Chairman, I am less, the NRC is presently considering inspections of the plant were ‘‘weak happy to yield such time as he may an application by Consolidated Edison and incomplete.’’ consume to the gentleman from Wis- to restart the plant. The NRC determined in May that consin (Mr. OBEY), the ranking minor- During a recent public meeting, I operational deficiencies at the plant ity member. joined with Senator SCHUMER, the gen- were serious enough to place it on the Mr. OBEY. Mr. Chairman, I rise, not tlewoman from New York (Mrs. agency’s watch list. so much to comment on the content of KELLY), and the gentlewoman from Then we learned that the conduct of the legislation, as to take note, as has New York (Mrs. LOWEY), and the citi- the NRC staff responsible for plant the gentleman from Indiana (Mr. VIS- zens of our Hudson Valley region in re- safety is now the subject of an inves- CLOSKY) that the gentleman from Cali- questing that the application for re- tigation by the Inspector General. De- fornia (Mr. PACKARD) is bringing this starting this plant not be approved spite my repeated requests, the NRC bill to the floor for the last time. until the existing steam generators will not postpone their decision on the Without getting into the merits of have been replaced and emergency and restart of this plant at least until the the bill, which are considerably con- safety deficiencies outlined in the investigation is complete, as they stricted because of the budget resolu- NRC’s inspection team’s report are would have us believe that it is some- tion, which I find to be ill-advised, I remedied. simply, Mr. Chairman, wanted to say how irrelevant. Mr. Chairman, this nuclear facility is Just last week, an internal memo that I think that the gentleman from located only 35 miles from New York from the plant’s operator was discov- California (Mr. PACKARD) is one of the City and in the heart of our heavily ered revealing serious problems which people who have added to the decency populated Hudson Valley region. It is occurred at the plant on the night of of this institution. the leak. Mr. Chairman, it appears that In the years that he has been on the obvious that the replacement of these the NRC saw this document only after committee, I think he has been an ex- outmoded steam generators and the re- stories were written about it in local tremely genial Member. I think he has mediation of emergency and safety newspapers. been extremely fair-minded as chair- procedures at Indian Point 2 is vital to Mr. Chairman, there is a problem man. I think he has worked very hard the safety and welfare of millions of here. These are legitimate concerns, to try to produce a rational set of pri- our citizens. and it is reasonable for me and my con- orities in an irrational situation. I for b 1545 stituents to expect for them to be one want to say that it has been a dis- Will the chairman be able to assist us given full and fair deliberation before tinct pleasure for me to share our serv- in assuring the future safety of this nu- that plant is restarted. I would like to ice in this institution. clear facility? make it clear on this floor that this is What I admire about the gentleman Mr. PACKARD. Mr. Chairman, will not the case, that this issue is not from California most of all is that he the gentleman yield? being dealt with reasonably, and it is does not, he is not one of those Mem- Mr. GILMAN. I yield to the gen- unsettling my community. bers who is prone to cheapshot the in- tleman from California. Mr. Chairman, I feel strongly that stitution. He recognizes that this insti- Mr. PACKARD. I advise the gen- the NRC should postpone a decision on tution is a precious asset to the Amer- tleman from New York that I would be restart of Indian Point 2 until the seri- ican people and tries to remind others pleased to offer any assistance that I ous and legitimate concerns that have of that fact in virtually everything he may be able to in monitoring this situ- arisen on this issue are addressed. At does. ation at Indian Point 2 and work with the very least, it would seem prudent I simply want to congratulate him the gentleman to resolve the situation. to postpone the NRC’s decision on re- for the service he has provided to his Mr. GILMAN. Reclaiming my time, starting the plant until the final inves- district, to the country, to his State, to Mr. Chairman, I thank our distin- tigation report of the Inspector Gen- his party, and to this institution, and guished chairman for his time and at- eral’s office is released and carefully wish him good luck in whatever he tention on this pressing matter. reviewed by the NRC officials to ensure does after he leaves this place. Mr. VISCLOSKY. Mr. Chairman, I that the outstanding issues are identi- Mr. PACKARD. Mr. Chairman, I yield yield 2 minutes to the gentleman from fied and corrected. 2 minutes to the gentleman from New Texas (Mr. GREEN).

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Mr. GREEN of Texas. Mr. Chairman, gentleman from Washington (Mr. CLOSKY), for their bipartisan approach I thank my colleague for yielding me HASTINGS), for the purpose of colloquy. to our bill. this time. I also wish to thank our Mr. HASTINGS of Washington. Mr. Unfortunately, this is our chairman’s chairman, the gentleman from Cali- Chairman, I want to thank the distin- last year in Congress and his last en- fornia (Mr. PACKARD), as well as our guished gentleman from California ergy and water bill. The gentleman ranking member, the gentleman from (Mr. PACKARD) for yielding to me. from California has achieved many Indiana (Mr. VISCLOSKY), for their sup- Mr. Chairman, as the gentleman is things during his tenure as chairman. port, and the whole committee’s hard aware, the Office of River Protection at He has been the driving force for re- work, both the full committee and the the Hanford site in my district is cur- form of the Department of Energy. He subcommittee. I also want to thank my rently engaged in the world’s largest has made sure that we honor our com- good friend and colleague, the gen- and most pressing environmental mitment to a balanced Federal budget tleman from Texas (Mr. EDWARDS), for cleanup project. The President’s fiscal and that we focus our scarce resources his dedication and hard work and espe- year 2001 budget request for the privat- where they really need to go. I will cially for his advice. ization account at Hanford was $450 miss the gentleman from California, as Because of the committee’s efforts, million. However, due to recent devel- I am sure all of us will; and I want to the Houston-Galveston Navigation opments, privatization is no longer a thank him personally for his leader- Project is appropriated the full $53.5 viable option at this time. ship, his friendship, and his very good million needed to maintain the optimal In light of these developments, the nature. construction schedule for the deep- Department of Energy has identified a I want to also say a word to the staff ening and widening of the Houston new path forward to ensure the timely of the Subcommittee on Energy and Ship Channel. This subcommittee had cleanup of the waste. As a result of this Water Development for their tireless the foresight to maintain this con- new path forward, the Department work on all our behalf. struction schedule. By providing the identified an updated funding require- Mr. Chairman, our bill addresses im- necessary funds now, this project’s re- ment of $370 million instead of the $450 portant national priorities at the same turn on investment will save taxpayers million for FY 2001 to fully fund the time it honors our commitment to a many millions of dollars in increased necessary design and long-lead procure- balanced Federal budget. As the chair- construction costs. ment to keep the project on schedule. man can attest, there are always more Also, the Port of Houston generates I would like to ask the gentleman if requests for funding than our budget $300 million annual customs fees and he will insist that the necessary $370 allocation can provide for. The no new- $213 million annually in State and local million of design and long-lead pro- start policy contained in this bill is dif- taxes, which demonstrates that the curement needs for this project will be ficult but necessary. We need to focus Houston-Galveston Navigation Project preserved during the conference with our dollars on ongoing projects that will more than pay for itself in the the other body. are on schedule and on budget. And Mr. PACKARD. Mr. Chairman, will long run, both for the local taxpayers even with this strict requirement, our the gentleman yield? but also for the Federal taxpayers of bill provides funding for projects that Mr. HASTINGS of Washington. I the United States. will benefit virtually every congres- yield to the gentleman from California. The continued expansion of the Port sional district in our Nation. of Houston is important on many lev- Mr. PACKARD. Mr. Chairman, I This is in stark contrast to the Presi- els. More than 7,000 vessels navigate would respond to the gentleman by dent’s budget request for the Army the ship channel each year. The port saying, absolutely, we will continue to Corps of Engineers, which was wholly provides 5.5 billion in annual business press for that figure and do all we can inadequate. It is a poor reflection on revenues and creates directly and indi- to make sure the amount of money is the White House that each and every rectly 196,000 jobs. available for fiscal year 2001. It is anticipated that the number and Mr. HASTINGS of Washington. Re- year this committee must add funds for size of vessels will only increase. Com- claiming my time, Mr. Chairman, I our Nation’s waterways and coastal pleting the widening and deepening of thank the gentleman for that commit- areas. the ship channel in a timely manner ment. The gentleman’s assurance cer- This is particularly true for my home will increase the safety and economic tainly gives me and my constituents in State of New Jersey, where we have 137 viability of the port and of the City of central Washington, and for that mat- miles of ocean coast that we need to Houston. ter all of us in the Pacific Northwest, protect. In addition, New Jersey has In addition to the Houston Ship confidence that the final legislation experienced severe and devastating Channel, there are several flood control will contain the full funding that has floods, and the only long-term solution projects that the Corps of Engineers, in been identified for the work that is re- is effective flood mitigation. Our State partnership with our Harris County quired this year. is also committed to the preservation Flood Control District, have under- Finally, I wish to thank the gen- of wetlands. All of these important pri- taken. Hunting Bayou Flood Control tleman from California (Mr. PACKARD) orities were shortchanged in the Presi- Project, $337,000 in this bill. This personally for all the efforts the gen- dent’s budget. project will affect 29 square miles of tleman has given on behalf of me and For over 170 years, the Army Corps of the Hunting Bayou watershed and ben- my constituents in my district. I want Engineers has provided solutions to efit over 7,000 homes and businesses lo- to associate myself with the remarks flooding, dredging and environmental cated within that watershed. The envi- of the gentleman from Wisconsin (Mr. problems, as well as shore and beach ronmental evaluation and the General OBEY) and wish the gentleman the very protection. Our bill also maintains Reevaluation Report should be com- best in his retirement. funding for flood safety, coastal protec- pleted on that and submitted to the Mr. PACKARD. Mr. Chairman, I yield tion, dredging, and environmental res- Corps by November of this year. 4 minutes to the gentleman from New toration. It restores funds for these Another project of importance is the Jersey (Mr. FRELINGHUYSEN), a valu- vital projects in order to protect lives Greens Bayou Flood Control Project. able member of the subcommittee. and property. This 213 square miles of watershed will Mr. FRELINGHUYSEN. Mr. Chair- Our bill also provides funding for the provide important protection for hun- man, I thank the gentleman for yield- Department of Energy. Most impor- dreds of homes that are currently ex- ing me this time, and I rise in support tantly, we have increased our commit- tremely vulnerable to flooding. of our energy and water appropriation ment to scientific research, providing Mr. Chairman, I again thank the bill. I also wish to thank our chairman, $2.8 billion for the Office of Science, a committee for their hard work. the gentleman from California (Mr. $43 million increase. With this funding, Mr. PACKARD. Mr. Chairman, I yield PACKARD), and ranking member, the important scientific research will con- such time as he may consume to the gentleman from Indiana (Mr. VIS- tinue in the area of high energy and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12563 nuclear physics, technology, basic en- and the Corps of Engineers to resolve all the outstanding comments that ergy sciences, biological and environ- this problem in order to provide safety have been made about the brilliant po- mental research. for the residents there. litical career, the public service, and I especially want to thank the chair- I recognize that the Subcommittee especially the attitude of the gen- man, the gentleman from California on Energy and Water Development is tleman from California (Mr. PACKARD). (Mr. PACKARD), for his support of $255 under significant budgetary con- People from one end of this place to million for fusion research and $25 mil- straints this fiscal year and has thus the other really appreciate the spirit of lion for laser research. While I would adopted a policy to fund investigations the gentleman from California. The have preferred more funding for this, at a level no higher than requested by gentleman from California has done a we did increase fusion research above the administration. The administra- great job and brought so much to pub- the current level. Fusion energy has tion’s request for investigations on the lic service in this country. And I hope the potential to be an unlimited and Pajaro River was $600,000, with an addi- the gentleman enjoys the game of golf ultraclean source of energy for the tional $50,000 request for the basin from this point on, because the gen- world. And after a number of years of study. However, this request was pre- tleman deserves his retirement. declining budgets for this program, and pared prior to the agreement between Mr. Chairman, the Spallation Neu- with the chairman’s help, this is the the Corps and the local sponsors, which tron Source is one of the most impor- second year of increased funding for fu- subsequently set a higher level of fund- tant science initiatives of our genera- sion research. ing for the project. tion and represents a $1.4 billion major The committee has also provided The Corps has revised their earlier construction project supported by the $19.6 million for the decommissioning estimates, and has developed a new Department of Energy’s Office of of the Tokamak Fusion Test Reactor work plan and budget that calls for a Science to build the world’s’s most at Princeton University. This decom- total of $1.95 million in fiscal year 2001. powerful source of pulsed beams for missioning must stay on schedule and They have submitted a revised esti- scientific research and development. on budget, and this funding will allow mate on their ability to spend which b 1600 us to do so. reflects this new higher amount. I With its advanced accelerator tech- Mr. Chairman, I am pleased to sup- would like to request that my good nology and world-class instrument de- port the bill. I thank the chairman, the friend, the chairman of the Sub- sign, SNS will be more than 12 times as gentleman from California (Mr. PACK- committee on Energy and Water Devel- powerful as the world’s current leading ARD), and the ranking member, the opment of the Committee on Appro- neutron source in the U.K. and offer gentleman from Indiana (Mr. VIS- priations, amend the amount as we go unprecedented research opportunities CLOSKY), for their support. along to allocate to the investigations for up to 2,000 scientists each year. Mr. VISCLOSKY. Mr. Chairman, I on the Pajaro River to reflect this This research is crucial to supporting yield 3 minutes to the gentleman from agreement with the Corps and the new advances in biology, polymers, mag- California (Mr. FARR), a member of the estimate of their ability to pay. netic materials, superconductivity, and committee. Mr. PACKARD. Mr. Chairman, will materials research that will continue Mr. FARR of California. Mr. Chair- the gentleman yield? to keep the U.S. economy strong and man, I thank the gentleman for yield- Mr. FARR of California. I yield to keep us at the forefront of scientific ing me this time. the gentleman from California. endeavors around the globe. I want to have a colloquy with the Mr. PACKARD. Mr. Chairman, I SNS has been subject to many tech- distinguished chairman of the com- thank my colleague from California for nical and management reviews in the mittee, but I just noticed that both the yielding, and I want to state that I rec- past 4 years, including review by the chairman of the Whole House and the ognize the importance to his constitu- DOE, several external independent re- chairman of the subcommittee are both ents to improve flood control on the view teams, the GAO, and the House retiring this year, and I have to express Pajaro River. The Corps has dem- Committee on Science. These reviews my own personal regrets that they are onstrated their ability to spend $1.95 have shown conclusively that the tech- retiring. They are both very distin- million on the investigations of these nical basis of the SNS is sound and guished gentlemen, and I have enjoyed two projects. that the SNS management is on a solid serving with them. Given the revision of the Corps’s esti- path to complete the project within I have really enjoyed serving with mates since the submission of the budget by 2006 as planned. All condi- the chairman of the subcommittee, not President’s budget, I pledge to do ev- tions prescribed in the committee re- only as a fellow Californian; but we erything I can to help the gentleman port on last year’s Energy and Water have been engaged together in issues receive additional monies from the appropriations bill have been satisfied, for the State, and I remember when I Corps for purposes of implementing and the House Committee on Science was in the State legislature his work these worthy projects. has recommended full funding of the with the supercollider, where I really Mr. FARR of California. Reclaiming SNS in fiscal year 2001. got to know him well; and I have ap- my time, Mr. Chairman, I thank the The SNS will fully obligate $190 mil- preciated his leadership here in the gentleman for working on this matter; lion in this fiscal year, including the Congress. and I look forward to working with fiscal year 2000 appropriation of $100 I want to thank him for the oppor- him in the future. million in construction funds and $17.9 tunity to discuss with him the funding Mr. PACKARD. Mr. Chairman, may I in R&D, plus the fiscal year 1999 bal- for a critical project in my district, inquire what time is remaining on each ances brought forward of about $71.4 which is the central part of California. side. million. Significant design and con- This is the second year I have sought The CHAIRMAN. The gentleman struction activity has taken place in appropriations to carry out a from California (Mr. PACKARD) has 81⁄2 the last year, with most title I design preconstruction engineering design of a minutes remaining, and the gentleman completed, approximately $75 million flood control measure on the Pajaro from Indiana (Mr. VISCLOSKY) has 15 in procurements being awarded and River, which runs right through the minutes remaining. major excavation and grading of the City of Watsonville, California, as well Mr. PACKARD. Mr. Chairman, I yield 100-acre site well underway. as funding for the Pajaro River Basin 2 minutes to the gentleman from Ten- Fully funding the fiscal year 2000 re- Study. This is an area in my district nessee (Mr. WAMP), for the purposes of quested level is essential to maintain with substantial flood control prob- a colloquy. the current schedule to complete SNS lems, which threatens homes and busi- Mr. WAMP. Mr. Chairman, I hope I in 2006 within the total project cost of nesses in Santa Cruz and Monterey can do it in 2 minutes. $1.4 billion. Counties. I have worked extensively Before I engage in a colloquy, I do I know how hard the chairman and with officials in both of these counties want to associate myself quickly with his staff have worked to get this

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12564 CONGRESSIONAL RECORD—HOUSE June 27, 2000 project to where we are today, and I As someone who worked with the A new potential cancer cure is ad- appreciate that. I acknowledge the chairman both when he was chairman vanced in this bill. budget constraints that we are cur- of the Subcommittee on Military Con- One of the most successful on-time, rently under and that so far we have struction of the Committee on Appro- on-budget programs at the Department not been able to provide the necessary priations, now the Subcommittee on of Energy is the fusion energy pro- funding that this project needs to meet Energy and Water, I want to say it was gram. Fusion energy is treated fairly. the necessary milestones over the next an honor to work with him, to work The cleanup, finally, of our World 12 months. under him, and to know him. He gives War II legacy, our nuclear waste sites, I am asking the commitment of the the name ‘‘public service’’ the very is another important priority in this chairman that, as we work together best of meaning because of his lifetime bill. It contains some excellent work during conference, we will do every- of service to our country. And there that will refocus the Department of thing possible to significantly increase are military families living in better Energy on its responsibilities with a the funding for the Spallation Neutron housing today, there are people in com- new priority on accomplishments by Source. munities that are less prone to flood 2010. Mr. Chairman, I yield to the gen- control today, there are millions of We have all the various interests of tleman from California (Mr. PACKARD) American citizens who, whether they the American people at heart when we for his response. know the name of the gentleman or all have programs we hope will be Mr. PACKARD. Mr. Chairman, I ap- not, are living a better life today and strongly supported. If we have more preciate the request of the gentleman. for many years to come for their fami- money at some future time, I cannot I will certainly work in conference to lies because of the service of the gen- say at that time or at this time that we will, but I am confident we will adequately fund the Spallation Neu- tleman from California (Mr. PACKARD) have an even better bill. tron Source and, of course, additional to our country. I urge support of this bill. funds if that will help. Mr. PACKARD. Mr. Chairman, I Mr. VISCLOSKY. Mr. Chairman, I re- Mr. VISCLOSKY. Mr. Chairman, I thank the gentleman for those kind re- serve the balance of my time. yield 2 minutes to the gentleman from marks, and I yield 2 minutes to the Mr. PACKARD. Mr. Chairman, I yield Texas (Mr. EDWARDS) a member of the gentleman from Michigan (Mr. such time as he may consume to the committee, as well as the sub- KNOLLENBERG), a member of the sub- gentleman from New York (Mr. GIL- committee. committee. MAN). Mr. EDWARDS. Mr. Chairman, I Mr. KNOLLENBERG. Mr. Chairman, Mr. GILMAN. Mr. Chairman, I thank thank the ranking member for yielding I thank the chairman for yielding me the gentleman for yielding me the me the time. the time, and I rise in very, very strong time. Mr. Chairman, I would like to engage support of this bill. Mr. Chairman, I rise in strong sup- the gentleman from California (Mr. I wish good luck to the gentleman port of the Energy and Water Develop- PACKARD) in a short colloquy. from California (Mr. PACKARD). He has ment appropriations bill. I thank the As the gentleman knows, the Nuclear done a great job here. We salute him. distinguished chairman for recognizing Regulatory Commission now has before If the gentleman from Indiana (Mr. the need for two flood projects in my it certain legal issues relating to the VISCLOSKY) is still about, we salute area, the Elmsford Saw Mill River area off-site disposal of FUSRAP material. him. And the staff has done a remark- and the Ramapo River area, and for My question to the chairman is, will able job, as well. providing adequate funding for these the gentleman confirm that the Com- The fiscal year 2001 Energy and projects. We thank the distinguished mittee on Appropriations does not wish Water appropriations bill is a balanced chairman for his good work. to influence the judgment of the Com- piece of legislation balancing the Corps Mr. Chairman, I rise in strong support of mission on those issues? of Engineers, the Department of En- H.R. 4733, the Energy and Water Develop- Mr. PACKARD. Mr. Chairman, will ergy, along with important portions of ment Appropriations bill, 2001 and want to the gentleman yield? the Department of Interior and other thank the distinguished Committee chairman, Mr. EDWARDS. I yield to the gen- agencies. This is a good and fiscally re- the gentleman from California, Mr. PACKARD tleman from California. sponsible bill, with the non-defense for his diligent work on producing this impor- Mr. PACKARD. Mr. Chairman, the portion of it being some $200 million tant bill. gentleman is correct. If any committee below last area. The Energy and Water Appropriations bill of Congress wishes to take action re- The Nation’s energy policy is a prime provides funding for the Army Corps of Engi- garding the off-site disposal issue the focus of this bill. We have the oppor- neers to provide necessary flood control pro- Commission is now considering, it tunity here to improve what we can all tection against the devastating impact of flood- ought to be the relevant authorization agree is a lacking and flawed energy ing on lives and property. committee of the House that does it. policy on the part of the Clinton-Gore My constituents in Elmsford and Suffern, I would have no objections to the au- administration. New York have and continue to suffer from thorizers of this body taking up such The bill provides for a variety of im- the flooding of the Saw Mill River, as evi- issues. But the Committee on Appro- portant education funding for our uni- denced in 1999, when Hurricane Floyd priations, appropriately, has chosen versities, as well as research and devel- dropped over 11 inches of rain on my con- not to do so. opment at our national labs which are gressional district, creating a devastating im- Mr. EDWARDS. Mr. Chairman, I related to the energy supply. This in- pact on human life and property. Included in thank the gentleman for his comments. cludes nuclear energy research under Floyd’s destruction were constituents who Mr. Chairman, even more impor- NERI, under NEPO, and under the were faced with flood waters from both the tantly, I want to thank the gentleman NEER programs along with investment Saw Mill River and the Ramapo River in from California (Mr. PACKARD) for a in the future energy source called fu- southwestern N.Y.—destroying homes, busi- lifetime of service to his Nation. He sion and the Advanced Scientific Com- nesses and creating severe financial stress. served this country with great distinc- puting Research initiative that will After witnessing the destruction in my district tion in military uniform. And much bridge the software gap, thereby sub- first-hand, I contacted the U.S. Army Corps like my mentor in politics, the late stantially improving our scientific re- and Chairman PACKARD for assistance. Olin E. ‘‘Tiger’’ Teague, who served search capacity. Accordingly, Chairman PACKARD has pro- this country in such a distinguished This bill also contains some fantastic vided the Army Corps with adequate funding way for so many years, the gentleman work, I believe, on nuclear fuel supply, to begin the phases necessary to prevent from California (Mr. PACKARD) contin- from the beginning of the fuel cycle in- such destruction in the future. ued to serve his country after he took volving mining, conversion and enrich- I look forward to continuing my work with off the uniform and put on the civilian ment, to the end of the fuel cycle in- Chairman PACKARD as the flood control work uniform of public servant. volving Yucca Mountain. proceeds in both Elmsford and Suffern.

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I thank Chairman PACKARD for his efforts service, but all his colleagues here and The Arthur Kill is a natural water- and I urge my colleagues to support this im- people of this great country. way and tributary to the Kill Van Kull. portant measure. Mr. Chairman, I would like to thank It is not only vital but common sense Mr. PACKARD. Mr. Chairman, I yield the chairman for giving me the oppor- to begin construction to dredge the wa- 2 minutes to the gentleman from Iowa tunity to discuss a dredging project terway since the Kill Van Kull is al- (Mr. LATHAM), a member of the sub- that is vital to the Port of New York ready being dredged today. committee. and New Jersey. As the gentleman The Water Resources Development Mr. LATHAM. Mr. Chairman, I thank knows, the Arthur Kill channel serves Act of 1999 authorized the deepening of the chairman very, very much. I rise the Howland Hook Marine Terminal on the Arthur Kill channel from 35 to 41 today in support of this very excellent Staten Island, one of the United States feet. This is prudent. Construction to bill under tight budget constraints. Army’s strategic seaports of embar- deepen the channel has been included I would like to also extend my kation. The present 35-foot depth of the in the President’s fiscal year 2001 budg- thanks to the chairman. This is my Arthur Kill serves as a considerable ob- et for $5 million. first term on this subcommittee, and stacle to large commercial and mili- The Army Corps and the Port Au- he has done an outstanding job, being tary vessels that may forestall any fu- thority, which is the local partner in actually new to the subcommittee him- ture growth or endanger the existence this project, estimate that they will be self. But the learning curve that I have of these seaport facilities. ready to begin construction in Novem- had on this committee has been quite The Port of New York and New Jer- ber. We have been waiting for years for steep; and, with his leadership, it has sey, the Eastern Seaboard’s largest, is this opportunity, and I think it would made it much easier. an economic engine for the region and be a big mistake not to take action And also, anyone who knows the the entire Nation. Locally, Port com- now. chairman, much has been said about merce serves as a consumer market of The chairman has been a terrific the golf, but he attacks his work the 18 million Americans and is estimated leader in all of this, and I would like to same way that he attacks the golf to provide 165,000 jobs and $20 billion in thank him for allowing me, again, this course and never stopping, and we have economic activity. opportunity to discuss with him this to be on our toes all the time. I just As a result of its location, goods that important project vital to my district. want to say how much I appreciate his enter the United States through the I respectfully request that the gen- friendship and really the honor of serv- Port can reach the homes of 110 million tleman from California (Mr. PACKARD), ing here with him. Americans within 24 hours. The New the gentleman from Florida (Chairman This bill is something under the tight York site of the Arthur Kill was for YOUNG) and other members of the Com- budget constraints, like I said before, years an eyesore, however, vacant of mittee on Appropriations help to make with no new starts as far as projects. any real activity. this project a reality. The chairman is very well aware, and I Today, I am happy to note, that the b 1615 think the Congress is, that there are New York-side is a vibrant and expand- Before I hear from the gentleman ing area bursting at the seams with al- scores of billions of dollars that are au- from California (Mr. PACKARD), I re- thorized in projects which are waiting most 1,000 good paying jobs and adding spectfully yield to the gentleman from $20 million to the existing tax base. to be started; and because of the tight New York (Mr. NADLER). constraints that we have, it was impos- This new activity can all be predicated Mr. NADLER. Mr. Chairman, first let sible to have any new starts. on the responsible measure to deepen me join in the encomiums to the dis- I also want to emphasize how impor- the Arthur Kill channel, which will not tinguished chairman of the sub- tant this bill is for the upper Midwest, only maintain the current business but committee for his great work over the for the State of Iowa, as far as the will attract new businesses to the en- years and the decades, and we will miss Army Corps of Engineers, the projects tire region, including New Jersey. him. that they have to deal with in my dis- The modernization and dredging ef- Let me say that it is true that part of trict as far as navigation on the rivers, forts of the Arthur Kill is one of the the port of New York is now bustling and what an excellent job I think that most important economic issues for again and part of it still needs major they do and the constraints that we the New York and New Jersey region, development. The channels we are have. as well as the entire Eastern Seaboard. talking about are in the district of the If I have a disappointment in the bill, In addition to the new jobs that will gentleman from New York (Mr. it is in the area of renewable energy come with the adequate dredging, the FOSSELLA), and I appreciate his leader- and as far as biorenewable energy re- completion of this project will help to ship on this project. search that I think is so very, very im- ensure that the United States does not I rise on this because I believe this portant for the future. continue to lose more shipping busi- project is vital not only to the district Just in closing, again, I want to ness to Canadian shipping competitors of the gentleman from New York (Mr. thank the chairman and extend my in Halifax. FOSSELLA) but to the entire port region gratitude for the great job that he has Last year, the two largest shippers of New York and New Jersey. done. on the New York City side nearly relo- The Kill Van Kull is the boundary be- Mr. PACKARD. Mr. Chairman, I yield cated their operations to Halifax and tween Staten Island on the south and such time as he may consume to the have indicated they will do so unless Bayonne on the north and leads from gentleman from New York (Mr. considerable harbor improvements are New York Harbor to New York Bay, FOSSELLA) for the purpose of a col- completed by the year 2009. and we are presently dredging that to loquy. The chairman and the committee achieve a depth of 45 feet, blasting Mr. VISCLOSKY. Mr. Chairman, I have done an excellent job in putting through solid rock to get to 45 feet. yield such time as he may consume to this bill together and crafting what I If achieved or when achieved, I the gentleman from New York (Mr. think is a fiscally responsible bill and should say, this will open up access to FOSSELLA). has taken the key step in recognizing the ports of Newark and Elizabeth. The Mr. FOSSELLA. Mr. Chairman, I the importance of the Port of New Arthur Kill is an extension of the Kill thank the gentlemen for yielding me York and New Jersey by providing Van Kull where the shore of Staten Is- the time. funding to dredge the Kill Van Kull in land turns a little south, and that has Mr. Chairman, let me add my words Newark Bay. This is welcome news, Mr. to be part of the same project. That of praise to the gentleman from Cali- Chairman, but it does not go far will afford access to Howland Hook and fornia (Chairman PACKARD) for his enough to ensure that the Port main- Staten Island. great service to this county. He is a tains its position to provide millions of Without that part of it, the Kill Van great man and a friend. I am sure not consumers with low-cost goods in a Kull project helps New Jersey but does only his constituents appreciate his timely fashion. not help New York.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12566 CONGRESSIONAL RECORD—HOUSE June 27, 2000 With that part, the Kill Van Kull cluding the Strong Ranch and Chicken Ranch ergy and Water Development Appropriations project helps both States. Sloughs, and Magpie Creek—aimed at pre- bill. This provision, which relates to the Army It was always anticipated and in- venting flooding from a series of smaller rivers Corps of Engineers’ hopper dredge fleet, was tended that the ports of New York and and streams that present substantial threats not in the report considered by the House Ap- New Jersey would be for the benefit of separate from those posed by the major rivers propriations Committee and was inserted at both States, and the little added piece in the region. Importantly, the Committee’s the last minute without any public debate. of the Arthur Kill is critical to ena- willingness to include funding for the American Although I plan to vote in favor of H.R. bling the New York as well as the New River Comprehensive Plan will allow for ongo- 4733, I am concerned about the Committee’s Jersey side of the port to be accessed ing Corps of Engineers general investigation statement of support for placing the hopper by the existing Kill Van Kull project. work on all area flood control needs, including dredge McFarland in ready reserve, which So this project has to be looked at as a permanent long-term solution. was included in House Report 106–693. Plac- a unified whole, and the Arthur Kill as As this legislation moves to a House and ing the McFarland in ready reserve would be an extension of the existing Kill Van Senate conference committee, I also would bad public policy and likely mean higher costs Kull project. When completed, the like to ask conferees to support two ‘‘new to taxpayers. project together will afford the ability start’’ projects of critical importance to the The Committee justifies its support for plac- of bigger ships to get to New York, long-term safety of the Sacramento region that ing the McFarland in ready reserve on a report Elizabeth, and Howland Hook and will were included in the 1999 Water Resources recently issued by the Corps touting the suc- give us a leg up on retaining our port Development Act. The first would make modi- cess of placing another hopper dredge, the business in the United States as fications to the outlet works on Folsom Dam, Wheeler, home-ported in Louisiana, in ready against the port of Halifax, Nova Sco- improving its flood control efficiency. The sec- reserve in 1996. However, I am dubious about tia, which is not in the United States, ond would begin construction on the South the validity of this report. An earlier draft of the obviously. Sacramento Streams, which will provide a report, prepared at the working level in the So I appreciate the cooperation of 500-year level of protection for a portion of New Orleans District, directly contradicts the the gentleman in helping us to achieve south Sacramento that has long been vulner- final report, revised at Corps headquarters, by this dual nature project. able to rising flood waters. recommending that the Wheeler be put back Mr. PACKARD. Mr. Chairman, will Mrs. TAUSCHER. Mr. Chairman, I have in active status and that no other hopper the gentleman yield? concerns about the impact of language in the dredge be placed in ready reserve. Mr. FOSSELLA. I yield to the gen- House Energy and Water bill that requires The draft Wheeler report, authored by the tleman from California. competition for aspects of the Department of New Orleans District office of the U.S. Army Mr. PACKARD. Mr. Chairman, I want Energy’s (DOE) nonproliferation programs. Corps of Engineers states, ‘‘Based on the find- to thank the gentleman from New DOE serves a unique role in our nation’s non- ings of this report, there is no other logical York (Mr. FOSSELLA), and I would like proliferation efforts, and these efforts could be recommendation, except for the Secretary [of to say that I can see how a reasonable threatened by micro-management that forces the Army] to report to Congress that the person would conclude that the Arthur a piecemeal approach to nonproliferation. The Dredge Wheeler is needed to be returned to Kill is an extension of the Kill Van DOE laboratories fulfill an essential role in de- active status and that no other Federal hopper Kull. I understand how the completion veloping and integrating advanced scientific dredges should be placed in ready reserve at in totality of this project will benefit techniques and equipment into large-scale this time.’’ This is a compelling statement. both New York and New Jersey. prototype systems which are critically nec- The earlier, more substantive draft, found I thank the gentleman much for his essary for our nonproliferation efforts. Unlike that keeping the Wheeler in ready reserve re- efforts to ensure that this project the National Science Foundation (NSF) and sulted in insufficient response times to meet moves expeditiously forward. I will do the Department of Defense (DOD), the DOE port dredging needs and higher costs to tax- what I can in conference to find the selects lead laboratories to serve as overall payers because of a lack of capacity and com- funds to fund the project. coordinators to facilitate these large-scale de- petitive bids. The final draft makes no mention Mr. MATSUI. Mr. Chairman, I would like to velopment projects. The laboratories rely on of any of these problems and makes conclu- take this opportunity to thank Chairman PACK- universities and industry to provide their sions and assertions without supplying any ARD and the Ranking Member, Mr. VISCLOSKY, unique expertise to make these efforts suc- supporting data or analysis. and the Members of the Committee, for their cessful. Lawrence Livermore National Labora- The final Corps report is seriously under- support of Sacramento flood control projects tory (LLNL) out-sources approximately 20 per- mined by the substantive conclusions of the included in the FY 2001 Energy and Water cent of the funds it receives to universities and draft report. This raises serious questions that Appropriations bill. Flooding remains the single industry as appropriate with the sensitive na- need to be fully investigated. The House Com- greatest threat to the public safety of the Sac- ture of these projects. Many aspects of these mittee report should not rely on this final re- ramento community, posing a constant risk to projects are very sensitive and/or classified. port as a basis for making further changes to the lives of my constituents and to the regional Success requires a knowledge and focus on the hopper dredge fleet. economy. Thanks to your efforts and the ef- customer requirements, which may also be To remain competitive in world markets, to forts of this Committee, Sacramento can con- classified. They require a multi-disciplinary ap- meet domestic transportation needs, and to tinue to work toward improved flood protec- proach to accomplish deliverables to the intel- serve the fishing industry, Northwest ports and tion. ligence and defense communities. DOE needs their customers rely on hopper dredges for With a mere 85-year level of protection, to maintain its flexibility in using universities low-cost and timely completion of dredging Sacramento remains the metropolitan area in and laboratories to meet its critical needs in projects. Without the McFarland to do needed this nation most at risk to flooding. More than this arena. This work is far too important to work on the East Coast, the Northwest 400,000 people and $37 billion in property re- experiment with. Furthermore, we need to ex- dredges might be obligated to meet needs side within the Sacramento flood plain, posing peditiously pursue all possible advances to outside the region. catastrophic consequences in the event of a protect this nation against weapons of mass Timely availability of dredges to perform flood. While Congress will continue to consider destruction. We need to empower the new Na- both planned and emergency dredging work the best long-term solution to this threat, fund- tional Nuclear Security Administration (NNSA) remains a concern in the Pacific Northwest. ing in this bill will provide much needed im- Administrator, General John Gordon, and give Sufficient capacity must be available to con- provements to the existing flood control facili- him the necessary flexibility and the resources duct the necessary annual dredging at numer- ties throughout the region. to strengthen our atomic energy defense and ous ports during the short dredging season. In Specifically, this legislation will allow for the nonproliferation activities. We must give Gen- addition, emergency dredging is often needed continuation of levee improvements and bank eral Gordon the freedom to make the deci- to restore the federal navigation channel to stabilization projects along the lower American sions he needs to make. allow commerce to pass. Shoaling can occur and Sacramento Rivers, increasing levee reli- Mr. DEFAZIO. Mr. Chairman, I rise to ex- rapidly with potentially dangerous impact on ability and stemming bank erosion. Addition- press my strong concerns about a provision export shipping and the sport and commercial ally, I greatly appreciate the Committee’s will- inserted in House Report 106–693, the report fishing fleet. Shippers and ports cannot afford ingness to provide funding for projects—in- to accompany H.R. 4733, the Fiscal Year En- to wait several weeks or even months for

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12567 dredging while private contractors are en- Patrick Air Force Base north to Canaveral Congressional District. Mr. Chairman, flooding gaged and move their dredges to the site of Inlet. in 1993 temporarily closed Interstate 80 and the work, often from long distances. Trade Clearly, a considerable amount of the ero- seriously threatened the Lincoln municipal commitments and vessel safety are at risk. At sion along Brevard’s beaches south of Canav- water system which is located along the Platte this time, it does not appear that the private eral Inlet is due to the federal navigation inlet River near Ashland, NE. Therefore, this Mem- dredge industry has sufficient capacity to con- which has disrupted the natural southward ber is extremely pleased the committee duct all the needed dredging work in the Pa- flow of the sand. Corps studies as far back as agreed to continue funding for the Lower cific Northwest. the early 1960s have documented the severe Platte River and Tributaries Flood Control Even with expanded capacity, I am also loss of sand along Brevard’s beaches. More Study. This study should help formulate and concerned that the low number of private in- recently, and with more years of measured develop feasible solutions which will alleviate dustry bids for work in the Northwest could losses available, the Jacksonville District future flood problems along the Lower Platte force dredging costs higher without the avail- Corps of Engineers concluded, in June 1989, River and tributaries. ability of the federal dredges. In 1996, an that ‘‘the net loss of littoral material from the This Member is also particularly pleased Army’s Audit Agency report raised serious shore line to the south of the harbor is esti- that this bill includes $220,000 for the plan- questions about private dredge company bid- mated to be between 335,000 and 410,000 ning, engineering and design phase of the ding practices. cubic yards a year.’’ Sand Creek Watershed project in Saunders In 1997, the Corps itself released a study Consistent with Section 227(A)(2) of WRDA County, NE. outlining eight options for the future of its hop- ’96, this Project should receive preference Mr. Chairman, additionally, the bill provides per dredge fleet. Of these options, the one based on the mitigation of damages attrib- $275,000 for the ongoing flood control project that showed the lowest cost to the U.S. tax- utable to the Federal Navigation Project. The for Antelope Creek which runs through the payers required full active status of the Corps bill before us recognizes this preference. Over heart of Nebraska’s capital city, Lincoln. The hopper dredge fleet. All the other options, the 40 year history of the inlet, we have lost funding is to be used for preconstruction engi- while providing more work for the private in- approximately 18 million cubic yards of sand neering and design work. The purpose of the dustry, meant higher costs to the taxpayer. along Brevard’s beaches, primarily as a result project is to implement solutions to multi-fac- The federal dredges designed specifically of the federal navigation channel. Houses that eted problems involving the flood control and for Corps navigation projects, are uniquely ca- once stood great distances from the shore drainage problems in Antelope Creek as well pable of performing the required maintenance now literally have waves at their doorstep. as existing transportation and safety problems dredging work at Northwest coastal ports. The This funding will help us take some significant all within the context of broad land use issues. experience of these ports is that when the pri- steps toward addressing this concern and will This Member continues to have a strong inter- vate dredges have been contracted by the add another 75 to 100 feet of beach along est in the project since he was responsible for Corps, they have often not performed the work Brevard’s coast. stimulating the city of Lincoln, the Lower Platte in a manner consistent with the navigation and Mr. BEREUTER. Mr. Chairman, this Mem- South Natural Resources District, and the Uni- operational needs of the local port authorities ber would like to commend the distinguished versity of Nebraska-Lincoln to work jointly and and port users. From reports that reach me gentleman from California (Mr. PACKARD), the cooperatively with the Army Corps of Engi- from the field, the quality of the dredging work chairman of the Energy and Water Develop- neers to identify an effective flood control sys- performed by the private dredges is not equal ment Appropriations Subcommittee, and the tem for downtown Lincoln. Antelope Creek, which was originally a to the level of the federal dredges, resulting in distinguished gentleman from Indiana (Mr. VIS- small meandering stream, became a straight- disruption to navigation and port operations. In CLOSKY), the ranking member of the sub- ened urban drainage channel as the city of short, the private dredges have not shown that committee for their exceptional work in bring- Lincoln grew and urbanized. Resulting erosion they can perform the work presently being ing this bill to the Floor. has deepened and widened the channel and performed by the federal dredges in the North- This Member recognizes that extremely tight created an unstable situation. A ten-foot by west. budgetary constraints made the job of the sub- twenty-foot (height and width) closed under- For these reasons, it would be imprudent to committee much more difficult this year. ground conduit that was constructed between make changes in the operation of the Corps Therefore, the subcommittee is to be com- 1911 and 1916 now requires significant main- minimum dredge fleet at this time. I hope that mended for its diligence in creating such a fis- tenance and major rehabilitation. The current the provisions in the House Report will not be cally responsible bill. In light of these budg- situation represents a dangerous flood threat endorsed in the final product of this Congress. etary pressures, this Member would like to ex- to adjacent public and private facilities. Mr. WELDON of Florida. Mr. Chairman, I press his appreciation to the subcommittee The goals of the project are to construct a rise today to thank the committee for providing and formally recognize that the Energy and flood overflow conveyance channel which $5 million for the Brevard County Beach Re- Water Development appropriations bill for fis- would narrow the flood plain from up to seven nourishment Project. This $5 million, when cal year 2001 includes funding for several blocks wide to the 150-foot wide channel. The combined with the $5 million we approved last water projects that are of great importance to project will include trails and bridges and im- year and the 37 percent local match will pro- Nebraska. prove bikeway and pedestrian systems. vide a total of $14 million in renourishment This Member greatly appreciates the $12 Finally, this Member is also pleased that the funding this year. Beginning in October, just a million funding level provided for the four-state bill provides funding for the Missouri National few short months from now, the contractor will Missouri River Mitigation Project. The funding Recreational River Project. This project ad- move into place and begin placing sand on is needed to restore fish and wildlife habitat dresses a serious problem by protecting the these beaches. This is a great accomplish- lost due to the federally sponsored channeliza- river banks from the extraordinary and exces- ment and everyone who has worked on this tion and stabilization projects of the Pick-Sloan sive erosion rates caused by the sporadic and effort should be commended. era. The islands, wetlands, and flat floodplains varying releases from the Gavins Point Dam. This $5 million appropriation matches last needed to support the wildlife and waterfowl These erosion rates are a result of previous year’s earmark of $5 million and moves the that once lived along the river are gone. An work on the river by the Federal Government. project forward. Last year’s Water Resources estimated 475,000 acres of habitat in Iowa, Again Mr. Chairman, this Member com- and Development Act (WRDA) authorized Nebraska, Missouri, and Kansas have been mends the distinguished gentleman from Cali- more than 150 new projects; however, the bill lost. Today’s fishery resources are estimated fornia (Mr. PACKARD), the chairman of the En- before us does not provide funding for any of to be only one-fifth of those which existed in ergy and Water Development Appropriations those new starts. This clearly demonstrates predevelopment days. Subcommittee, and the distinguished gen- the difficulty in securing an appropriation for a In 1986, the Congress authorized over $50 tleman from Indiana (Mr. VISCLOSKY), the rank- new Corps project. We were successful in se- million to fund the Missouri River Mitigation ing member of the subcommittee for their sup- curing funding in the fiscal year 2000 budget Project to restore fish and wildlife habitat lost port of projects which are important to Ne- and this additional funding builds on that suc- due to the construction of structures to imple- braska and the 1st Congressional District, as cess. ment the Pick-Sloan plan. well as to the people living in the Missouri This will help us make significant progress In addition, this bill provides additional fund- River Basin. on the north reach of the renourishment ing for flood-related projects of tremendous To Chairman PACKARD, who is retiring from project. This 9.4 mile stretch reaches from importance to residents of Nebraska’s 1st Congress at the end of this term, this Member

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.001 H27JN0 12568 CONGRESSIONAL RECORD—HOUSE June 27, 2000 wants you to know what your courteous and istration and the subcommittee will ensure the 40 to 45 feet and widening it from 400 to 530 conscientious contact with this Member and all expedited completion at great savings to the feet. The ship channel modernization, consid- of our colleagues is very widely recognized. taxpayers. ered the largest dredging project since the You and your contributions to the public inter- I am very pleased by the support this legis- construction of the Panama Canal, will pre- est through your service in the House will be lation provides for addressing the chronic serve the Port of Houston’s status as one of greatly missed. flooding problems of Harris County, TX. H.R. the premier deep-channel gulf ports and one Mr. LIPINSKI. Mr. Chairman, I rise today in 4733, includes vital funding for several flood of the top transit points for cargo in the world. support of the FY 2001 Energy and Water De- control projects in the Houston area. These Mr. Chairman, I am also pleased that H.R. velopment Appropriations bill. projects include Brays, Sims, Buffalo, Hunting, 4733 also reauthorizes the operation and utili- Once again, under the leadership of the and White Oaks bayous. zation of the Strategic Petroleum Reserve chairman and the ranking member, we have I am most gratified that the subcommittee, through the end of FY 2001 and restores the before us a relatively well-balanced and bipar- for the second consecutive year, decided to President’s authority to release oil from the re- tisan bill despite the restrictive allocations. I fully fund the Brays Bayou project at $6 million serve. In light of today’s rising oil prices, it is want to thank both of them for all of their hard for FY 2001. This project is necessary to im- imperative that the President has the power to work and time they have invested in this bill. prove flooding protection for an extensively access oil reserves paid for with taxpayer dol- I understand that they have not had an easy developed residential area along Brays Bayou lars. job, but they were able to do very well with in southwest Harris County. The project con- Again, I thank the chairman and ranking what little they had. I also want to congratulate sists of 3 miles of channel improvements, member for their support and I urge my col- Chairman PACKARD for his years of public three flood detention basins, and 7 miles of leagues to support this legislation. service and his leadership at the helm of the stream diversion and will provide a 25-year Mr. VISCLOSKY. Mr. Chairman, I subcommittee during this Congress. level of flood protection. The project was origi- have no other requests for time, and I These budgetary constraints, as my col- nally authorized in the Water Resources De- yield back the balance of my time. league from Indiana has pointed out before, velopment Act of 1990, as part of a $400 mil- Mr. PACKARD. Mr. Chairman, I have does not keep pace with the growing water in- lion federal/local flood control project. no further requests for time under gen- frastructure needs of this nation. The Army Subsequently, the Brays project as reau- eral debate, and I yield back the bal- Corps of Engineers has tremendous respon- thorized was one of the original sites for a ance of my time. sibilities across this nation, and this funding demonstration project for a new federal reim- The CHAIRMAN. All time for general bill shortchanges a number of Corps water bursement program, as part of the Water Re- debate has expired. projects when money is needed the most. sources Development Act (WRDA) of 1996 Pursuant to the rule, the bill shall be In my district, the Corps has a number of based upon legislation drafted by Mr. DELAY considered for amendment under the 5- ongoing flood control projects. Unfortunately, and myself. This unique program has strength- minute rule. this bill does not fully fund these important pri- ened and enhanced the Corps/Local Sponsor The amendment printed in House Re- orities. Ongoing flood control projects at role by giving the local sponsor a lead role port 106–701 may be offered only by a Stoney Creek and Natalie Creek could provide and providing for reimbursement by the Fed- Member designated in the report and meaningful and substantive protection from eral Government to the local sponsor for the only at the appropriate point in the flooding to thousands of my constituents and traditional Federal portion of work accom- reading of the bill, shall be considered save the communities from millions of dollars plished. Recently, the local sponsor, the Harris read, shall be debatable for the time of potential damages. I believe that it is critical County Commissioners Court approved of the specified in the report, equally divided to ensure that these flood control projects pro- Brays redesign per WRDA ’96 and now this and controlled by the proponent and an ceed without unnecessary delays, and I will project was moved forward with strong public opponent, shall not be subject to continue to work with the Corps of Engineers support. amendment, and shall not be subject to to make sure this happens. I am also gratified that the subcommittee a demand for division of the question. I hope that as this bill goes to conference, decided to fund the Sims Bayou project at During consideration of the bill for we can all work toward a final bill that will $11.8 million, the level requested by the ad- amendment, the Chair may accord pri- more accurately reflect the funding needs for ministration. This project is necessary to im- ority in recognition to a Member offer- our nation’s water infrastructure and fully fund prove flood protection for an extensively devel- ing an amendment that he has printed the important Corps water projects in my dis- oped urban area along Sims Bayou in south- in the designated place in the CONGRES- trict. ern Harris County. This project, authorized as SIONAL RECORD. Those amendments Again, I want to salute the chairman and part of the 1988 WRDA bill, consists of 19.3 will be considered read. ranking member for their dedication and hard miles of channel enlargement, rectification, The chairman of the Committee of work in bringing this bill to the floor. I look for- and erosion control beginning at the mouth of the Whole may postpone a request for a ward to working with them when this bill goes the bayou at the Houston Ship Channel and recorded vote on any amendment and to conference. will provide a 25-year level of flood protection. may reduce to a minimum of 5 minutes Mr. BENTSEN. Mr. Chairman, I rise in sup- This ongoing project is scheduled to be com- the time for voting on any postponed port of H.R. 4733, the FY 2001 Energy and pleted 2 years ahead of schedule in 2004. question that immediately follows an- Water Appropriations bill. I would first like to Mr. Chairman, I am also pleased that this other vote, provided that the time for thank Chairman PACKARD and Ranking Mem- legislation provides $53.5 million to fully fund voting on the first question shall be a ber VISCLOSKY for their hard work on this im- continuing construction on the Houston Ship minimum of 15 minutes. portant legislation. I would also like to thank Channel expansion project. Upon completion, The Clerk will read. my good friend from Texas, Mr. EDWARDS, for this project will likely generate tremendous The Clerk read as follows: all the help he and his office have provided economic and environmental benefits to the H.R. 4733 me. Nation and will enhance one of our region’s Be it enacted by the Senate and House of Rep- I strongly support the decision of the Sub- most important trade and economic centers. resentatives of the United States of America in committee on Energy & Water to ensure the The Houston Ship Channel, one of the Congress assembled, That the following sums U.S. Army Corps of Engineers receives ade- world’s most heavily trafficked ports, des- are appropriated, out of any money in the quate funding to continue their vital work in perately needs expansion to meet the chal- Treasury not otherwise appropriated, for the the areas of flood control and navigational im- lenges of expanding global trade and to main- fiscal year ending September 30, 2001, for en- provement. I would also like to compliment the tain its competitive edge as a major inter- ergy and water development, and for other administration for their decision to fully fund national port. Currently, the Port of Houston is purposes, namely: the Corps’ budget. This funding level recog- the second largest port in the United States in TITLE I nizes the critical economic and public safety total tonnage, and is a catalyst for the south- DEPARTMENT OF DEFENSE—CIVIL initiatives contained within the legislation. Be- east Texas economy, contributing more than DEPARTMENT OF THE ARMY cause many flood and navigation projects lo- $5 billion annually and providing 200,000 jobs. CORPS OF ENGINEERS—CIVIL cated in my district are on accelerated con- The Houston Ship Channel expansion The following appropriations shall be ex- struction schedules, full funding by the admin- project calls for deepening the channel from pended under the direction of the Secretary

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12569 of the Army and the supervision of the Chief nated approach to address navigation, I, along with the gentleman from Iowa of Engineers for authorized civil functions of flood control and environmental res- (Mr. BOSWELL), the co-chair of the Mis- the Department of the Army pertaining to toration. I would announce to the sissippi River Caucus, proposed this rivers and harbors, flood control, beach ero- Chair that the comprehensive plan was amendment along with the gentleman sion, and related purposes. authorized by section 459 of the Water from Illinois (Mr. SHIMKUS). GENERAL INVESTIGATIONS Resources Development Act, otherwise The Mississippi River Caucus was For expenses necessary for the collection formed back in 1997 with the expecta- and study of basic information pertaining to known as WRDA 1999, and it would be river and harbor, flood control, shore protec- the first to focus on developing and im- tion that those Members whose dis- tion, and related projects, restudy of author- plementing a system for integrated tricts include and depend on the Mis- ized projects, miscellaneous investigations, river management. sissippi River could work together in a and, when authorized by laws, surveys and Specifically, the comprehensive plan bipartisan manner to help the Corps detailed studies and plans and specifications will call for systemic flood control and and those river stakeholders improve of projects prior to construction, $153,327,000, flood damage reduction; continued the Mississippi River system as a to remain available until expended: Provided, maintenance and improvement of navi- whole. This is exactly what the com- That in conducting the Southwest Valley gation; improved management of nutri- prehensive plan would do, and I urge Flood Damage Reduction, Albuquerque, New Mexico, study, the Secretary of the Army, ents and sediment, including bank ero- my colleagues to support the amend- acting through the Chief of Engineers, shall sion; environmental stewardship and ment. include an evaluation of flood damage reduc- increased recreation opportunities in Mr. KIND. Mr. Chairman, I rise in tion measures that would otherwise be ex- the Upper Mississippi and Illinois River support of the amendment. cluded from feasibility analysis based on re- Basins. Mr. Chairman, I rise today in support strictive policies regarding the frequency of The plan will be a collaborative ef- of the Hulshof amendment to the en- flooding, the drainage area, and the amount fort among three core districts, specifi- ergy and water appropriations bill. The of runoff. cally the St. Paul, Rock Island and amendment provides $2 million to the AMENDMENT NO. 5 OFFERED BY MR. HULSHOF Saint Louis Army Corps district of- Corps of Engineers so they can begin Mr. HULSHOF. Mr. Chairman, I offer fices; other Federal agencies, including implementation of The Comprehensive an amendment. the States of Minnesota, Wisconsin, Plan for the Upper Mississippi River The CHAIRMAN. The Clerk will des- Iowa, Illinois, and of course my home Basin. This is something that was al- ignate the amendment. State of Missouri, and a host of other ready authorized in WRDA 1999; but it The text of the amendment is as fol- non-Federal organizations. A task has received no funding, so the imple- lows: force will be created to guide and co- mentation has yet to take place. Amendment No. 5 offered by Mr. HULSHOF: In title I of the bill, under the heading ordinate development of the plan. The The plan calls for the Corps to de- ‘‘DEPARTMENT OF DEFENSE—CIVIL, DE- plan will identify future management velop a coordinated basin-wide ap- PARTMENT OF THE ARMY—GENERAL IN- actions and make recommendations for proach to flood control and flood dam- VESTIGATIONS’’ insert after the first dollar systemic improvement of the river age reduction, and as a co-chair of the amount ‘‘(increased by $2,000,000)’’. basin again to provide multiple bene- Upper Mississippi River Task Force, I In title I of the bill, under the heading fits. have consistently worked to develop bi- ‘‘DEPARTMENT OF DEFENSE—CIVIL, DE- Mr. Chairman, to comply with House partisan support for Corps plans and PARTMENT OF THE ARMY, GENERAL EX- rules, I again want to reiterate that projects that take a comprehensive and PENSES’’ insert after the first dollar amount ‘‘(decreased by $2,000,000)’’. the $2 million increase in the Corps’ basin-wide approach and that support Mr. HULSHOF. Mr. Chairman, let me general investigations account should the vision of the Mississippi River as a commence by also commending the be used to fund this comprehensive complex, multiple-use resource. The chairman of the appropriations sub- plan. Recognizing that we were not Comprehensive Plan calls for the Corps committee and add my kudos to those trying to legislate on an appropriations to investigate the fullest range of flood that have been mentioned previously bill, we crafted it such. It is my under- control and damage reduction meas- and wish him well as he begins his next standing that within the general inves- ures, including nonstructural ap- chapter. tigations account that $2 million for proaches to flood control, management Mr. Chairman, I rise today to offer an the comprehensive plan should be des- plans to reduce runoff from farm fields amendment to increase the U.S. Army ignated under the Illinois subheading and city streets, and habitat restora- Corps of Engineers’ general investiga- on page 13 of the committee report. tion programs. tions account by $2 million. Funding One other point I would like for this These nontraditional approaches to for this amendment would be offset by body to consider is that WRDA 1999 flood control are particularly bene- a $2 million decrease in the U.S. Army gave the Army Corps of Engineers 3 ficial and cost effective. They protect Corps of Engineers’ general expense ac- years from its enactment to submit a farmers and city dwellers from floods count. project study on the comprehensive at the same time that they improve The intent of this amendment is to plan, and to the House Committee on water quality and restore the aquatic provide the Corps with adequate fund- Transportation and Infrastructure and wetland and floodplain habitats that ing to begin its initial study of the the Senate Committee on Environment are so highly valued by fisherman, Upper Mississippi River Comprehensive and Public Works. hunters, and recreationalists. The com- Plan. Mr. Chairman, WRDA 1999 was signed prehensive plan embodies an approach Now, Mr. Chairman, many Members into law last August without adopting to planning that I think should become who served this body back in 1993 and this amendment, this bipartisan the norm for the Corps of Engineers in through 1995 remember the great flood, amendment, I might add, cosponsored future years. as we called it in the Midwest. The by my colleague, the gentleman from I would also like to take this oppor- great flood of 1993 took 47 lives, left Iowa (Mr. BOSWELL), and the gen- tunity to express my appreciation to roughly 74,000 individuals homeless, tleman from Illinois (Mr. SHIMKUS), the gentleman from California (Mr. and caused between $15 billion and $20 with support from the gentleman from PACKARD) and to the ranking member, billion in damages. While existing flood Wisconsin (Mr. KIND). Without adopt- the gentleman from Indiana (Mr. VIS- control measures at the time did pre- ing this amendment, the Corps will not CLOSKY), for the work in increasing the vent nearly $19 billion in potential have the financial resources to do as funding levels for the Upper Mississippi damages along the Upper Mississippi required by law. River Environmental Management Pro- River Basin, an integrated flood con- To conclude, I do want to remind my gram. The EMP is a cooperative effort trol policy could have prevented fur- colleagues that the comprehensive plan among the U.S. Army Corps of Engi- ther loss of life and property. enjoys bipartisan support. This is not neers, the U.S. Fish and Wildlife Serv- The Upper Mississippi and Illinois the locks and dams study, as some ice, the U.S. Geological Service and River Valleys currently lack a coordi- have asked. This is completely offset. five Upper Mississippi River Basin

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12570 CONGRESSIONAL RECORD—HOUSE June 27, 2000 States to ensure the coordinated devel- direction, along with other efforts that Mr. PACKARD. Mr. Chairman, if I opment and enhancement of the Upper we have taken on the task force to can reclaim my time, I would simply Mississippi River system. draw more attention to programs that like to ask Members then under the The program widely cited as a model affect the Mississippi River Basin. circumstances to vote against the for inner-agency and interstate co- So I would call upon my colleagues amendment. Certainly it is at the ex- operation is designed to evaluate, re- to look at this amendment and support pense of all other WRDA 1999 author- store and enhance riverine and wetland it. I think the offset is something that ized projects, if we fund one. It would habitat along a 1,200 mile stretch of the is reasonable in working with the not be fair to the rest of the Members Upper Mississippi and Illinois Rivers. Corps of Engineers coming out of ad- of Congress that have asked for funding In WRDA 1999, the EMP received per- ministrative expenses, and this is a for authorized projects in WRDA 1999. I manent reauthorization at an in- step, a very important step, to devel- think it is imperative that we are fair creased funding level of $33.2 million, oping the comprehensive plan on a to all Members. and while the Upper Mississippi River basin-wide approach which is long Mr. BOSWELL. Mr. Chairman, I Task Force had requested $25 million overdue for the Mississippi River. move to strike the last word. for the EMP for this fiscal year, I rec- I thank the gentleman again for of- Mr. Chairman, I rise in favor of the ognize that the House’s inadequate fering the amendment. Hulshof amendment. In fact, the gen- 302(b) allocations impose considerable b 1630 tleman from Illinois (Mr. SHIMKUS) and restraints on the subcommittee and Mr. PACKARD. Mr. Chairman, it is I have worked very closely with him on that the $3 million increase over the with great reluctance that I rise to op- a number of things, and my good friend administration’s request represents a pose the amendment of the gentleman from Missouri, my neighbor, my good significant, if still insufficient, in- friend from Illinois, just across the from Missouri (Mr. HULSHOF). I have no crease in funding. problem with the project. In fact, if we river, ‘‘kattywompus’’ as we say down Maintaining a proper balance be- would have had the funds, we would our way, has a lot of concerns. tween the economic growth and the en- have liked to have funded the request I would say to the gentleman from vironmental protection is essential to of the gentleman, but because of a lack California (Chairman PACKARD), we re- maintain the health of the Mississippi of funds, we treated every person’s spect the gentleman’s work on this and Illinois Rivers and the commu- project equally in the bill. very, very much, but this is not really nities within its watershed. There were literally hundreds of a project in the sense that we think of Achieving this balance requires the projects that were authorized in WRDA projects. This involves the Mississippi. innovative and cooperative efforts of 1999; and if we open up one project to This involves the Illinois. This involves the Federal, State, local interests. The funding, then we have to give equal a great expanse, involving much more comprehensive plan and the EMP pro- treatment to all applicants for funding than any of us would have in an indi- gram are core programs that embody as a result of WRDA 1999 authoriza- vidual project, and our joint interest in this spirit. It is important for this Con- tions, and it is for that reason, and this is for a number of reasons. gress to show our support for programs that reason only, that I oppose the We have worked very hard to get that will work proactively and coop- amendment. folks along the river to realize what a eratively to reduce flood damage, In fact, if the gentleman from Mis- great resource it is in many, many maintain an appropriate navigation in- souri (Mr. HULSHOF) would withdraw ways. I think that the gentleman from frastructure, and enhance the environ- his amendment, I will commit to do all California (Chairman PACKARD) recog- mental qualities of the Mississippi I can to help find the funds as we go to nizes and appreciates that. I have no River system for generations to come. conference. There is a hope that we doubt about that, but there is a lot of Mr. Chairman, I for too long now might get additional funds before we go interest groups out there that have dif- have felt that the Mississippi River, to conference, and if we do, we are hop- ferent opinions. America’s river, has been the great ing that we can fund some of the new Part of our process with our Mis- natural resource cutting right through starts. sissippi River Caucus that the gen- the heart of our country that has gone We have not even funded all of the tleman from Missouri (Mr. HULSHOF) neglected as a national priority in this ongoing projects in the bill this year, and I have cosponsored is to bring Congress. And working within the task those that are already under construc- those folks together to see if we cannot force in a bipartisan fashion, we have tion and to fund a new project and not work out how to take care of the navi- been trying to coordinate our efforts have the funds to complete existing gation needs, the commerce needs, the between the north and south ends of projects, I think would be irrespon- things to do with recreation, the envi- the river to develop programs and to sible. ronment and so on, and we feel like we offer the support and resources we need With that in mind, I would sincerely are making some progress. to protect this very important natural ask the gentleman to withdraw the We feel good about it. Now, this plan resource. amendment, with the assurance that I is needed so we can proceed, so we can Why is this important? It is impor- will do all I can to find the funds for go forth. It has been authorized by tant because it is North America’s him as we go to conference, otherwise WRDA, and we would like now to put largest migratory route. It is also the I would have to oppose the amendment. the resource with it to make this hap- primary drinking source for 22 million Mr. HULSHOF. Mr. Chairman, will pen. In fact, I say to the gentleman Americans, and for the Upper Mis- the gentleman yield? from California (Chairman PACKARD) sissippi region alone it has a $1.6 bil- Mr. PACKARD. I yield to the gen- this very respectfully, we had hoped lion recreation impact as well as a $6.6 tleman from Missouri. that if this would pass today that the billion tourism impact for local com- Mr. HULSHOF. Again, with all the gentleman would carry forth with the munities. In fact, we have more visi- great respect for the gentleman from enthusiasm to conference to maybe re- tors that come every year to visit the California (Mr. PACKARD), I consider store that offset to keep things going. Upper Mississippi Wildlife Refuge than him just that, a gentleman, in this We would not want to put an idea in who visit the entire Yellowstone Na- body, were it not for the time limit on the gentleman’s mind, but I will take tional Park system. So this is a very the authorization, and that is the clock that opportunity. So thanks so much valuable resource that we need to do, is running on this authorized project for listening, but different things have as a body, a better job of providing re- and the fact that the Corps of Engi- been said about how people depend on sources. neers is expected to report back in that river for commerce. They depend The comprehensive plan that my about a year and a half, I would accept on the river for recreation. They are friend, the gentleman from Missouri the invitation of the gentleman, other- concerned about preserving the envi- (Mr. HULSHOF), is trying to fund with wise, I am afraid I am going to have to ronment and all these things, and we this amendment is a step in the right insist on my amendment. are, too.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12571 We are going forward with the down to our families and our grand- Mr. PACKARD. Mr. Chairman, I de- premise with this study and what children. mand a recorded vote, and pending would bring to bear that we can put The Mississippi River Caucus’ mem- that, I make the point of order that a those kinds of folks together in the bers stretch from Minnesota all the quorum is not present. same room, so to speak, and we can way down to Louisiana. We are con- The CHAIRMAN. Pursuant to House work these things out. That is really cerned about the river. I think that the Resolution 532, further proceedings on what we are trying to do. It is not a Hulshof amendment, which takes funds the amendment offered by the gen- project for me. It is not a project for from just the core staffing to focus on tleman from Missouri (Mr. HULSHOF) the gentleman from Missouri (Con- the time-sensitive issue of getting this will be postponed. gressman HULSHOF) or the gentleman plan developed, is to be commended. The point of no quorum is considered from Illinois (Congressman SHIMKUS) Mr. Chairman, I urge all of my col- withdrawn. leagues who are concerned about our or anybody else, it is for the entire re- AMENDMENT OFFERED BY MR. GILCHREST ability to compete in the world mar- source of the Mississippi and the Illi- Mr. GILCHREST. Mr. Chairman, I ket, the agricultural sector of the nois. I think actually it will go on to offer an amendment. world, environmental stewardship and be even beyond that. The Clerk read as follows: creating recreational opportunities up PARLIAMENTARY INQUIRY and down the Mississippi to be in sup- Amendment offered by Mr. GILCHREST: Mr. PACKARD. Mr. Chairman, I have Page 2, line 18, after the dollar amount in- port of this amendment. sert ‘‘(decreased by $100,000)’’. a parliamentary inquiry. Mr. VISCLOSKY. Mr. Chairman, I The CHAIRMAN. The gentleman will move to strike the requisite number of Mr. GILCHREST. Mr. Chairman, my state his inquiry. words. amendment would reduce the Corps of Mr. PACKARD. Mr. Chairman, did Mr. Chairman, I appreciate what the Engineer’s General Investigation Ac- the rule provide for a rolling of the gentleman is attempting to do with his count by $100,000, the amount provided votes to a later date if a vote is called amendment. I appreciate the need, and to continue the study to deepen the for on any amendment? I also appreciate the comments of the C&D Canal in my district. The CHAIRMAN. The Chair has the Members who spoke before me. I would Mr. Chairman, I would like to inform authority to postpone requests for re- associate myself with the remarks of the Members that this is a project that corded votes. the gentleman from California (Mr. has been ongoing for most of the 1990s. Mr. PACKARD. I thank the Chair. PACKARD) and rise in opposition to the And in 1996, in a meeting I had at the Mr. SHIMKUS. Mr. Chairman, I move Hulshof amendment for three key rea- Corps of Engineers headquarters in to strike the requisite number of sons. Washington, with the Philadelphia words. One is we have worked very hard to Corps in my district in Chestertown, Mr. Chairman, with reluctance I wisely spend every penny of water Maryland, we went over all of the num- come to the floor also making an ap- money available in as fair a fashion as bers, the math and came to a very, peal to the gentleman from California possible, and in making that money go very clear determination that the ben- (Chairman PACKARD) to be supportive as far as possible, we did not, in this efit-to-cost ration on this particular of this amendment, I do that with bill, fund any new starts, any new re- project in Maryland did not meet the great respect to my friend, the gen- imbursements, any new studies. That threshold in order to be funded by the tleman from Iowa (Mr. BOSWELL), the is an arbitrary decision, but it is one Federal Government because there was gentleman from Missouri (Mr. that both sides have stuck to with a no benefit to the taxpayers. HULSHOF), myself, the gentleman from great deal of scrupulous care. I think It is 4 years later. Every year since Wisconsin (Mr. KIND) who just spoke at this late moment, understanding the 1996, the Philadelphia district has come earlier. need, coming from a Great Lakes State up with a benefit-to-cost ratio. Under In our short 4 years of being Members myself and the intercontinental United scrutiny from the headquarters in of Congress, we have tried to marry the States, I would oppose, first of all, for Washington, it has always failed mus- interests of a great diverse group of that reason. ter. We are not going to close the C&D Secondly, I am concerned that be- people who want to preserve this great Canal, there will be no decrease in cause we are taking money from one national asset that we have, which is commerce, but there is two things that Army Corps account and moving it to the Mississippi River, and preserve it we have seen very clearly, that to con- another, we are simply obligating the for a lot of activities, a lot of things, tinue studying this issue that the from the transportation needs of our Corps with an additional responsibility that we are not paying for with new Corps of Engineers has not been able to agricultural sector to get our goods justify for most of the 1990s is a waste south to take advantage of the world money. The fact is, the account that the gentleman is taking the money of the taxpayers dollars, so therefore markets, to environmental stewardship we would like to cut $100,000 from any of some of the greatest hunting and from is at current level, there is no in- 1 more study in this particular area. fishing locations in the country. crease. It is $2 ⁄2 million below the ad- ministration’s request, and we would It does not reduce commerce in the In fact, in my district, Pike County, C&D Canal. I want to make that very Illinois has the largest white tail deer cut it by an additional $2 million. Finally, the obvious point, and that clear, that is in the Corps’ own docu- population; and hunters come from all is that this would also then require a ment. The Corps says if we deepen it, over which helps the farmers meet reduction in force at the very time there will be no increase in commerce their ends in low commodity prices. We when we are asking the Corps to as- to the Port of Baltimore. The Port of know of the problem in the Gulf of sume greater responsibilities than ever Baltimore has a 50-foot deep channel Mexico, and having a good plan to ad- before across the Nation. right now to the Port down the Bay out dress the runoff issues is a good way to Again, it is out of no disrespect for into the ocean. It is not a matter of not be environment stewards, increased the Member or the need of the con- being able to accommodate the number recreational activities on the Mis- stituents he represents or the other of ships that are necessary. sissippi. speakers, but I am adamantly opposed In these studies, if we looked at it A lot of these groups that we have to his amendment. from an environmental perspective, been dealing with for 4 years would not The CHAIRMAN. Is there further dis- deepening the canal will bring in more like to see any other group exist, but if cussion on the amendment? salty, polluted water from the Dela- we work with a plan, if we go in a man- The question is on the amendment ware River, into the sensitive spawning ner to bring people at the table and offered by the gentleman from Mis- areas in the upper Chesapeake Bay. work on a plan for the stewardship of souri (Mr. HULSHOF). this great national resource, then we The question was taken; and the b 1645 have something that we cannot only Chairman announced that the ayes ap- But even more interesting than that, benefit from, but that we can pass peared to have it. the environmental study has not been

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.001 H27JN0 12572 CONGRESSIONAL RECORD—HOUSE June 27, 2000 concluded. Even though the Wash- the Chesapeake Bay, as a number of draft constraints, they will be forced to ington Corps asked it to go along with other districts adjoin parts of other sale substantially greater distances, the feasibility study, the Philadelphia waterways. We are talking about the via Cape Henry between the Port of district did not do that. But there is waterways of Maryland. No particular Baltimore and North Atlantic coast something that we found out just a few one of us owns the waterways; they are ports, or use another port. That is why months ago, which was rather astound- common to all of us. we wrote this letter. All eight Members ing, in the study to determine whether The gentleman says this has been a of the Maryland delegation signed this there was going to be a change of water controversy in the 1990s and that letter. flow from the Delaware River or from throughout the decade of the 1990s, the The transfer of cargo jobs and taxes the Chesapeake Bay. Corps has been unable to justify the to other States will have an absolutely There is an organization in the Corps costs of this project. Now, the gen- deleterious effect on the citizens of the in Mississippi called the Water Envi- tleman has another amendment and we State of Maryland. Moreover, although ronmental Studies, or WES. WES gave will be talking about it as well; but I vessel services and cargo may be lost to the State of Delaware an environ- want to call to the attention of the due to a failure to maintain competi- mental water flow study that showed House of Representatives, my col- tive access channel depth, the substan- the water flowing from Delaware to leagues, a letter dated April 30, 1996. tial fixed costs of the port do not Maryland, and then WES gave a study That letter was sent to the gentleman change for the smaller volume of re- to Maryland showing that the water, as from Pennsylvania (Mr. SHUSTER), maining cargo. This will result in re- a result of the deepening, would go chairman of the Committee on Trans- duced port efficiency, increased Corps’ from the Chesapeake Bay to the Dela- portation and Infrastructure. In it, the costs of port improvements for the re- ware River. When we confronted them Maryland delegation, all eight Mem- maining users and, therefore, put us in with this rather minor conflict, they bers, all 4 Republicans and all 4 Demo- an increasingly uncompetitive status. said, well, we have to redo the study. crats, wrote to the committee stating: Mr. Chairman, I would say to the Mr. Chairman, one other comment ‘‘We write to ask your committee’s fa- gentleman from California (Mr. PACK- about the environmental aspect of this. vorable consideration of 3 important ARD) that I would hope that he and the The northern route, which is not nec- channel dredging projects affecting the ranking member would oppose this essary to increase commerce by deep- welfare of the Port of Baltimore and amendment. The gentleman from Cali- ening it, if it is deepened, will result in the State of Maryland.’’ fornia (Mr. PACKARD) and I have talked 18 million cubic yards of dredge mate- We went on to say in the next para- about this amendment; the gentleman rial being dumped overboard into the graph, ‘‘We cannot stress enough the from Indiana (Mr. VISCLOSKY) and I Chesapeake Bay. Now, to use the importance of these projects in main- have talked about this amendment. Corps’ own words, what does that mean taining the vitality of the port. In fact, I understand the gentleman’s con- as far as nutrients are concerned, and the competitive position of the port cern. The gentleman’s concern is the nutrients is really another word for could turn, in large measure, on their dredging and where we put the spoil. pollution. By dumping 18 million cubic implementation.’’ That is a very significant issue that all yards of dredge material directly into That letter was signed by the gen- of us are engaged in trying to figure the Chesapeake Bay, a stone’s throw tleman from Maryland (Mr. CARDIN), out so that we do that correctly. But I north of the Chesapeake Bay Bridge, it the gentlewoman from Maryland (Mrs. would urge this body to reject this means the equivalent of adding a sew- MORELLA) the gentleman from Mary- amendment, which stops the study. age treatment plant the size of the land (Mr. BARTLETT), the gentleman This does not deal with the dredging. City of Annapolis, dumping in an un- from Maryland (Mr. EHRLICH), the gen- The gentleman is correct, if we go controlled amount of 2 million pounds tleman from Maryland (Mr. CUMMINGS), ahead with a project, at some point in of ammonia, some people call that ni- the gentleman from Maryland (Mr. time we have to figure out where to trogen, they are the same thing, and WYNN), myself, and the gentleman from put the spoil. I understand the gentle- 700,000 pounds of phosphorous. Maryland (Mr. GILCHREST). Why? Be- man’s concern. Perhaps he did not have Now, the average farmer in my con- cause we felt this was a vital project to that concern in 1996 when he signed gressional district is taking great pains our State and to the economic viability this letter. to reduce the amount of silt or nutri- of our port on which thousands of per- The CHAIRMAN. The time of the ents that they let into the Chesapeake sons rely. Now, my two colleagues from gentleman from Maryland (Mr. HOYER) Bay or its tributaries. A homeowner, if Baltimore will speak, I think, more has expired. he wants to build a driveway has to put pointedly to that. (By unanimous consent, Mr. HOYER up a silt fence. The whole State of Mr. Chairman, I oppose the amend- was allowed to proceed for 30 addi- Maryland is going to great lengths to ment offered by the gentleman from tional seconds.) try to figure out how they can reduce Maryland (Mr. GILCHREST). The deep- Mr. HOYER. Mr. Chairman, the argu- the number of nutrients going into the ening of the C&D Canal is absolutely ment as to where to dump the spoil Chesapeake Bay. All we want to do essential for the viability of Mary- will have to be debated at some point with this amendment, Mr. Chairman, is land’s port. The Port of Baltimore op- in time. I would suggest to my friend, because the Corps has not been able to, erates in an increasingly competitive for whom I have a great deal of respect, in the decade of the 1990s, financially environment. Anybody who represents that now is not the time to join it. I justify to the taxpayers of the United a port knows that to be the case. The know the gentleman wants to stop this States this project and time and time C&D Canal is a major access route be- project and other projects; the gen- and time again, every time it came up tween the Port of Baltimore and the tleman has had, presumably, a change for scrutiny, the project was not justi- North Atlantic coast ports. Use of the of heart since the 1996 letter, but we fied, we want to save the taxpayers’ canal saves shipping lines time and have moved ahead as a united delega- dollars and cut $100,000 from this study. money, which means competitive posi- tion on this. I cannot speak for our two Mr. HOYER. Mr. Chairman, I move to tions. The size of ships entering North colleagues in the Senate, but I know strike the last word. Atlantic coast ports, including Balti- they support this project as well. Mr. Chairman, I first heard about more, are already outgrowing the Mr. Chairman, I would urge my col- this amendment about 4 hours ago. depth of the C&D Canal. leagues in the Congress to reject this Let me first put this in context for That is why this study is being con- amendment and not stop the study the Members. I believe that five Mem- ducted, and this $100,000 is absolutely from being completed. We will argue bers of the Maryland delegation will essential to complete this study before the issue of dredging at some later rise in strong opposition to this amend- this project can proceed. As container time. ment. Furthermore, while I have great vessels outgrow their ability to safely Mr. BOEHLERT. Mr. Chairman, I respect for my colleague, we all adjoin use the C&D Canal because of sailing move to strike the last word.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12573 Mr. Chairman, I rise in support of the Port of Baltimore is not at risk. No one As my friend, the gentleman from Gilchrest amendment. I hate to see will lose any jobs as a result of this Maryland (Mr. HOYER) pointed out, we time limited on a discussion of this measure. We are not closing the C&D authorized this project several years very important amendment. I am sup- Canal; it will remain open. Marsk and ago by unanimous support within our porting the amendment because I think Sealand, if that issue comes up with delegation. Democrats, Republicans, the gentleman from Maryland (Mr. their huge ships, could never, under support the maintenance of our chan- GILCHREST) has made a compelling case any circumstances, no matter how deep nels. in support of his amendment. This is it is, use the C&D Canal. My colleague, the gentleman from his congressional district. I do not The C&D Canal is a vital link for Maryland (Mr. GILCHREST) mentioned think there is anyone in this Chamber commerce. It is used by ships that have the environmental issues, the Chesa- that knows more about this project roll-on, roll-off trucks and tractors; it peake Bay. We are all working very than the gentleman from Maryland. is used by bulk cargo; it is used by any hard on the Chesapeake Bay, Mr. Mr. Chairman, I would like to hear one of a number of ships. The deep- Chairman. I am proud of the work that more from him about the amendment, ening of the C&D Canal is simply not my constituents are doing on the so I yield to the gentleman from Mary- necessary. streams that lead into the Bay. We land (Mr. GILCHREST) at this time. Mr. Chairman, I urge my colleagues have worked very hard at the State Mr. GILCHREST. Mr. Chairman, I to vote for fiscal responsibility. Here is level and the national level to deal thank the gentleman for yielding. the interesting thing: this project, with the Bay. We do many things up here as Mem- since it has been turned down by Corps’ But to raise the issue of maintaining bers of Congress that cause us to take headquarters time after time because decent entry or exits to our ports as awhile to begin to investigate and look it does not meet the cost-benefit anal- compromising the Bay is an insult to deeper into a particular process. I cer- ysis, this project is probably never the Army Corps, an insult to those of tainly would like to continue the work going to be approved by the Corps of us who worked very hard on this issue. in harmony with the Maryland delega- Engineers through their own process, The Army Corps is going to release tion on numerous other projects. How- so there is no need to spend $100,000 its report, the gentleman from Mary- ever, having spent literally years look- again for a new study. land (Mr. HOYER) is absolutely correct. ing into the details of this particular Mr. BOEHLERT. Mr. Chairman, re- My colleague is more concerned, I issue, I have come full circle in real- claiming my time, I thank my col- think, about where the dredge mate- izing that not only is this project bad league for that explanation. As usual, rials are being placed than the actual environmentally, not only because of he has done his homework, and he pre- dredging within the C&D Canal. All of the dredge material and where it is sents compelling evidence to support us in our delegation strongly support going to be disposed of, but because of his position. the independence of the Army Corps in the ground water and the aquifers Mr. CARDIN. Mr. Chairman, I move reaching the right decision as to the when we deepen this canal and the to strike the requisite number of environmental risks involved. We also believe it is the Army Corps’ problems that that will cause. words. I rise in opposition to the amend- responsibility to go through the eco- Also, the reason the cost-benefit ment. nomics of it and come out with the analysis, the reason we are here today, Mr. Chairman, my colleague from the right conclusion. We set up the Army and the feasibility study did not go Eastern Shore might represent the Corps as our agents in this matter, and through in December of 1996 was be- area around the C&D Canal, whereas I now the gentleman from Maryland (Mr. cause we are spending money, Federal represent, along with the gentleman GILCHREST) is saying we cannot trust taxpayers’ dollars, and we are getting from Maryland (Mr. EHRLICH) and the the Army Corps. Let us at least let the no benefit. The argument that the Port gentleman from Maryland (Mr. process move forward. of Baltimore desperately needs this CUMMINGS), the Port of Baltimore. Al- This is not a local project that af- goes counter to the records of the though none of us can judge what the fects one congressional district in this Corps of Engineers’ evaluation that Army Corps will or will not do in their country, this is a project that affects there will be no increase in commerce studies, we all acknowledge, those of us the health of our region. That is why as a result of the deepening. Not only who represent the Port of Baltimore, we are going to find that the over- will there be no increase in commerce, how important it is to maintain and whelming majority, Democrats and Re- there has been a steady decline of con- strengthen the entry into the Balti- publicans, in our region, in our State, tainer cargo moving through the canal more port. are going to oppose the Gilchrest over the past 4 or 5 or 6 years. amendment. Mr. Chairman, most of the ships, 60 b 1700 We ask Members to respect our dele- percent of the ships that can use the The Baltimore port is unique. It is gation’s point of view, respect the fact C&D Canal right now choose not to use more inland than the East Coast ports, that we need to maintain a healthy and it. Why do they choose not to use the but because of that, it takes more time competitive and safe port. Safety is C&D Canal if it is available to them to get to the Port of Baltimore. The very much at issue here. We will do right now? Well, number one, it saves fact that we have two days to enter and nothing to compromise our environ- them no time. Going through the canal exit the port is one of the key advan- ment. We are all committed to it. I saves no time as opposed to going tages to the Port of Baltimore. urge my colleagues to reject the around Cape Henry and up the Chesa- The maintenance of the C&D Canal is amendment. peake Bay. Number two, it costs more absolutely essential to the health of Mr. EHLERS. Mr. Chairman, I move to use the C&D Canal as opposed to the Port of Baltimore. The Port of Bal- to strike the requisite number of going around through the Chesapeake timore represents 18,000 direct jobs, words. Bay where there is a 50-foot deep chan- 87,000 port-related jobs, 69,000 indirect Mr. Chairman, I rise to support the nel. It costs more because of the pilot- jobs in our region, and $1.3 billion an- amendment, and I yield to the gen- age fees. The third reason many cap- nually to Maryland. Business revenues tleman from Maryland (Mr. tains on board these ships choose not are affected by the Port of Baltimore, GILCHREST). to use the C&D Canal, whether it is $40 million in U.S. custom receipts. Mr. GILCHREST. I thank the gen- deeper or not, is that it is a narrow So, Mr. Chairman, the majority of tleman from Michigan for yielding to channel and they simply prefer the our delegation, the overwhelming ma- me. wide expanse of the Chesapeake Bay jority of our delegation, is going to ask Mr. Chairman, there are two other than moving through the narrow chan- this body to reject the Gilchrest Republican Members in the Maryland nel. amendment because it could jeopardize delegation at this time that, as a result Now, I want to urge my colleagues to very much the health of the Port of of new information, also now oppose vote for this amendment because the Baltimore. this particular amendment.

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I would like to say that this entire acidity into the water of the C&D land (Mr. GILCHREST), it affects all of project is in my congressional district, Canal, which has an impact on the fish. us in one way or another. That is why which gives me plenty of time when I The other thing, the Corps, when we all joined together not very long go home to look into the details of the they finally finished with that dredge ago asking for the study, so we could process. I am not about to insult the disposal site, they put material on the move forward in a way that was very Corps of Engineers, I am not about to top of that from sewage treatment careful, in a way that we felt was pru- insult anybody. But we as Members of plants. Well, there is some question dent. Congress have the responsibility of about that. But if we deal with that Of course, our good friend, the gen- oversight of all Federal agencies. When correctly, and when we dump sludge tleman from Maryland (Mr. we see some peculiar numbers in Fed- from sewage treatment plants, there GILCHREST), joined us on that occasion. eral agencies that are not correct, we are a lot of heavy metals in that We want to thank him for doing that. investigate. That is what we have done. sludge. But there is something that is very im- So the cost-benefit analysis in 1996, We found out that after they dumped portant to all of us. That is, and we no; it was redone in 1997 and it was the sludge on that dredge disposal site, agree with the gentleman on the point turned down; it was redone in 1998 and they did not do anything to it. Half of that we want our tax dollars to be turned down by the Washington Corps; the heavy metals from that sludge spent in a cost-efficient and effective and it was redone in 1999 and also dumping leached into the C&D Canal manner, a cost-efficient and effective turned down. That is one of the over- where my constituents catch and eat manner. We are talking about $100,000 sight responsibilities that we have. fish. If we look on the Delaware side, here. We are talking about a study. We We are not stopping maintenance of Delaware has said, do not eat any fish are not talking about the end result, these channels to the Port of Balti- in the C&D Canal. we are talking about a study. more. None of the maintenance will be So is it our responsibility to have We have been going back and forth stopped. The Corps says, and other oversight over the Corps of Engineers here about what the study may show. agencies, but the Corps, who we are and uncover some of these things. The gentleman from Maryland (Mr. talking about here now, their numbers Whether they are innocent mistakes, GILCHREST) just spent the majority of show, and we have checked them out, whether it is incompetence, it is our the time that he just spent talking that there will be no jobs lost in the responsibility as elected officials to about the end result as far as the Port of Baltimore if we do not deepen conduct that oversight. sludge material, where it would go. We the C&D Canal because there will be no One other thing with the Corps of En- are not at that point right now. I just commerce lost in the C&D Canal if it is gineers. We have great respect for the think, in fairness to all of us from the not deepened because more than half, Corps of Engineers because they do State of Maryland, that we should be 60 to 70 percent of the ships that use good work. But when there is a prob- allowed to proceed with the study that that canal right now, with plenty of lem, I think we should deal with that all of us asked for. draft, choose not to use it. problem. When they deepened the canal Some people may have changed their Mr. Chairman, let us go back to the the last time more than 25 years ago, minds since then, Mr. Chairman, but Corps of Engineers. Why should we they cut the line, the sewer line. the fact is that we have asked for this. have oversight of the Corps of Engi- If we look at the C&D Canal, there is I think we should proceed so that neers? One of my colleagues mentioned a little town there called Chesapeake whatever we do, it is based upon some that I was concerned about where the City. Chesapeake City is divided by the good, sound knowledge. dredge material is dumped. Yes, I am C&D Canal. When they deepened the I do not think that one day the Corps concerned about where the dredge ma- project the last time, Chesapeake City of Engineers are some of the worst peo- terial is dumped, because there is a lit- had one sewage treatment plant and ple in the world and the next day they tle community in Cecil County, in the one drinking water plant. Well, they do good work. The fact is that I think northern part of my district. No one in cut those lines. Now, almost 30 years we have all depended on them through- that community, no one in that town, later, the Corps has never compensated out these United States, and we have can drink their water now. They all that little town. That little town had relied on them extensively. I would have wells and they cannot drink the to build another sewage treatment sys- hope that we would let this study pro- water because the Maryland Depart- tem. The people in that little town pay ceed. ment of the Environment says the high rent for that. Mr. ANDREWS. Mr. Chairman, I dredge disposal site is leaching acid I urge support for the amendment. move to strike the requisite number of into the groundwater so they cannot Mr. CUMMINGS. Mr. Chairman, I words. drink their water. move to strike the requisite number of Mr. Chairman, I rise in support of the What does the Corps of Engineers say words in opposition to the amendment. amendment offered by the gentleman after the Maryland Department of the Mr. Chairman, as I sit here and I lis- from Maryland (Mr. GILCHREST), and in Environment says that any elementary ten to the discussion, it just reminds respect to my colleagues from Mary- school child that looked at the analysis me of why we need to study. My good land, who will be the experts in dealing of that dredge disposal site would say, friend, the gentleman from Maryland with the Maryland problem, but I rise yes, that is causing acidity in the (Mr. GILCHREST), who I have the ut- in support of the principle that we all ground water, so those people cannot most respect for, and I know that this have an obligation and responsibility drink their water? is a major, major issue for him, has to defend the interests of our own dis- What does the Corps say to that? ‘‘It stated a number of things just now. I trict. I have great respect for my is not our fault. We do not think that do respect what he has said. friend, the gentleman from Maryland, dredge disposal site is causing that He has talked quite extensively who is doing that I think very elo- problem.’’ So what did the Maryland about the Corps of Engineers. But one quently. Department of the Environment say to of the things that he said just a mo- Mr. Chairman, I yield to the gen- the Corps of Engineers? You cannot ment ago is that the Corps does a good tleman from Maryland (Mr. dump that material here anymore. job. It is one of the last things he said. GILCHREST). Should we have oversight of what the The fact is that the Corps should be al- Mr. GILCHREST. I thank the gen- Corps does? Absolutely, yes. lowed to continue its work with regard tleman from New Jersey for yielding to Now, there is another dredge disposal to this matter. me, Mr. Chairman. site a little further up the C&D Canal I think the gentlemen from Mary- Mr. Chairman, my colleague, the gen- that we investigated, and we have land, Mr. CARDIN and Mr. HOYER, laid it tleman from Baltimore, Maryland (Mr. found that the Corps did not put out quite succinctly. While this may be CUMMINGS), made some good comments enough lime in the layers of that dis- an issue, and the issue arises out of the about the importance of research and posal site, either, so that is leaching district of the gentleman from Mary- study. But I feel there is a point at

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12575 which the study finally does come to Chesapeake City, the pollution in other not trust them, we should not hire an end, because it cannot be proven. areas, the results of dredging, the re- them. We should let them finish their For example, the cost-benefit anal- sults of spoil. That is the gentleman’s job. ysis which justifies the Corps con- issue. The issue is he does not want However, I think the gentleman from tinuing the project must show that dredging. I understand that. Maryland (Mr. HOYER) puts it very suc- there is a benefit to the taxpayers of Now, the gentleman has offered very cinctly. Our respected colleague has a the United States. It did not show that frankly some comments about the different view. In the interest of fair- in 1996. The cost-benefit analysis failed studies: that the studies that he be- ness, I will yield to the gentleman from the Corps’ own scrutiny in 1996. It lieves were done in 1997 and 1998 are Maryland (Mr. GILCHREST). failed the Corps’ scrutiny in 1997. It not accurate; that the Corps has asked Mr. GILCHREST. Mr. Chairman, I failed again in 1998. It failed again in for new studies, and that they are try- thank the gentleman for yielding to the spring of 1999. ing to complete this study. me. The Corps has spent hundreds and The gentleman wants to, in effect, Mr. Chairman, I am not only con- hundreds of thousands of dollars study- preliminarily cut the head off of this cerned about the Chesapeake Bay; I ing this issue. When do we say, there is item. And his staffer is shaking his want to get involved in doing some- no benefit to the taxpayers, no benefit head very vigorously, yes. That is what thing about the Chesapeake Bay. Just to the Port of Baltimore, and the study the gentleman wants to do. He wants speaking words does not have an im- comes to an end? I would say that that to kill this project. I understand that. pact on the ground. point of time is now. He did not want to kill it in 1996, And as far as that letter was con- Mr. PACKARD. Mr. Chairman, I when he signed a MD delegation sup- cerned, once we evaluated the process move to strike the requisite number of port letter. Now, why do we have a after we supported it in the beginning, words. joint letter? We had a delegation letter we saw some oversight problems. Mr. Chairman, we do not have a dog because we thought it was a State I would rather be right than be con- in this fight. This is a squabble within issue and all eight of us signed the let- sistent. And Abraham Lincoln said, the Maryland delegation. However, ter. All eight of us, including the gen- ‘‘The foolish and the dead alone never generally we as a committee like to tleman from Maryland (Mr. BARTLETT) change their mind.’’ finish projects that have been started. whose district does not touch the Now, we all have disagreements on The project does meet the cost-shar- Chesapeake Bay, although his district this, and I respect those disagreements. ing responsibilities. That is economi- does touch on the Potomac River, But not only is my issue dredging, and cally favorable. It has been authorized. which does come into the Chesapeake not only is my issue where to dispose Under those conditions, we generally Bay, the gentlewoman from Maryland of it and the environmental vulner- like to see the project funded. It is (Mrs. MORELLA), whose district touches ability of the Chesapeake Bay and its funded at the level that the adminis- the Potomac River which connects to estuaries, but I am also concerned tration has requested. I would hope the Chesapeake Bay; myself and every about jobs; and I would do nothing that that the debate can conclude and that other Member in the delegation signed would eliminate jobs in the City of Bal- we can move on and have a vote on the letter. timore. this. The gentleman’s concern is well un- The CHAIRMAN. The question is on Mr. EHRLICH. Mr. Chairman, I move derstood in the delegation. He is very the amendment offered by the gen- to strike the requisite number of well-schooled on this and works hard tleman from Maryland (Mr. words. on it, and I have the utmost respect for GILCHREST). Mr. Chairman, real briefly, with the work that he does and the work he The question was taken; and the great respect to the gentleman from expresses. But as the gentleman from Chairman announced that the noes ap- Maryland (Mr. GILCHREST), the author Baltimore, Maryland (Mr. CARDIN), peared to have it. of the amendment, and our personal pointed out, we are all concerned about Mr. GILCHREST. Mr. Chairman, I de- friendship, I am going to have a lot to that. All of us are very concerned mand a recorded vote. say about the gentleman’s next amend- about this issue. The CHAIRMAN. Pursuant to House ment, but for present purposes I will Mr. Chairman, I frankly will tell the Resolution 532, further proceedings on adopt the comments given by my col- gentleman that I have been involved in the amendment offered by the gen- leagues, the gentlemen from Maryland, trying to clean up the Chesapeake Bay tleman from Maryland (Mr. GILCHREST) Mr. HOYER, Mr. CARDIN, and Mr. and support Chesapeake Bay cleanup will be postponed. CUMMINGS. programs since long before he was in Mr. BARR of Georgia. Mr. Chairman, Mr. HOYER. Mr. Chairman, will the office, when I was in the State Senate, I move to strike the last word. gentleman yield? as has the gentleman from Maryland Mr. Chairman, I would like to enter Mr. EHRLICH. I yield to the gen- (Mr. CARDIN). The fact of the matter is into a colloquy with the distinguished tleman from Maryland. that he is concerned about that. gentleman from California (Mr. PACK- Mr. HOYER. I thank the gentleman Now, we should allow the Army Corps ARD), chairman of the Subcommittee for yielding, Mr. Chairman. I appre- of Engineers to complete this study. on Energy and Water Development Ap- ciate his comments. Then we can have the debate, because propriations. Mr. Chairman, I would remind my it will take money to dredge. Then we Mr. Chairman, I have closely mon- colleagues, in listening to the debate of can have the debate. At this point in itored the progress of the Alabama- my friend, the gentleman from Mary- time I would assure my colleagues that Coosa-Tallapoosa, or ACT, and the land (Mr. GILCHREST), what he is par- this is a State issue, not a local issue. Apalachicola-Chattahoochee-Flint, or ticularly animated about and what we This is a State issue. ACF, Tri-State Water Compact nego- all share his concern about is pollu- Mr. Chairman, I thank the gentleman tiations over the last 3 years. I am tion, not only in the Chesapeake Bay from Baltimore County, Maryland (Mr. most concerned with a proposal that but in its tributaries as well, that obvi- EHRLICH), who represents parts around has recently and repeatedly surfaced ously run to and from the Bay, irre- Baltimore City, County and Anne concerning a major interbasin transfer spective of studies that tell me it is Arundel County as well and Hartford of water from Lake Allatoona in north- running both ways. County that all border the Chesapeake west Georgia in the ACT river basin to Bay and its tributaries who himself has Lake Lanier, which is in a completely b 1715 an interest in the Port of Baltimore, different river basin, the ACF. The pro- That is a little perverse, and I share for yielding me this time. posal calls for an authorization of up to the gentleman’s skepticism at this Mr. EHRLICH. Mr. Chairman, re- 200 million gallons per day transfer of finding. But he is very concerned. And claiming my time, I would state that water from Lake Allatoona to Lake he has talked about the pollution in we pay these folks to do a job. If we do Lanier.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12576 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Not only is this a strong point of con- which is relevant to sustainable water There was no objection. tention in negotiations between Ala- use management. The CHAIRMAN. The Clerk will read. bama and Georgia, but it is also caus- This information will be needed to The Clerk read as follows: ing a great deal of concern among Fed- make decisions about the appropriate CONSTRUCTION, GENERAL eral stakeholders and the many elected sustainable use of Great Lakes waters. For the prosecution of river and harbor, officials, local governments, water au- Building a comprehensive database, flood control, shore protection, and related thorities, and other stakeholders with- and identifying gaps in our knowledge, projects authorized by laws; and detailed in the ACT, and in particular the Coosa is especially critical at this time when studies, and plans and specifications, of the binational community in the Great projects (including those for development and Tallapoosa regions. with participation or under consideration for Mr. Chairman, I strongly oppose any Lakes Basin is taking a close look at water diversions and other consump- participation by States, local governments, consideration of an interbasin transfer. or private groups) authorized or made eligi- It would seem, though, at a minimum, tive use. ble for selection by law (but such studies before such a proposal would be even And on that latter point, I also have shall not constitute a commitment of the considered as an option, this proposal legislation pending which would deal Government to construction), $1,378,430,000, should be both reviewed and studied by with the issue of diversions of water to remain available until expended, of which the authorizing and appropriations from the Great Lakes, not just within such sums as are necessary for the Federal the 48 States, but also international di- share of construction costs for facilities committees and subcommittees in the versions. I think everyone is aware under the Dredged Material Disposal Facili- Congress. that we had a situation last year where ties program shall be derived from the Har- An interbasin transfer would have a a ship was initially granted permission bor Maintenance Trust Fund, as authorized major detrimental effect on the envi- to load on water for transport to a far- by Public Law 104–303; and of which such ronment and the economic growth of away country to be used as fresh water sums as are necessary pursuant to Public Law 99–662 shall be derived from the Inland Northwest Georgia. supply there. In an effort to prevent Mr. PACKARD. Mr. Chairman, will Waterways Trust Fund, for one-half of the those diversions, we need studies and the gentleman yield? costs of construction and rehabilitation of the legislation I am preparing. inland waterways projects, including reha- Mr. BARR of Georgia. I yield to the This particular amendment would al- gentleman from California. bilitation costs for the Lock and Dam 12, locate $100,000, with an appropriate off- Mississippi River, Iowa; Lock and Dam 24, Mr. PACKARD. Mr. Chairman, I set, to allow the Corps to begin what is Mississippi River, Illinois and Missouri; thank the gentleman for yielding to authorized in the legislation we passed Lock and Dam 3, Mississippi River, Min- me, and I want to thank the distin- last year, that is, to provide an infor- nesota; and London Locks and Dam, and guished gentleman from Georgia for mation base for the Great Lakes Kanawha River, West Virginia, projects; and bringing this issue to the attention of biohydrological system. of which funds are provided for the following the committee. This has been brought to the fore by projects in the amounts specified: I understand the idea of an interbasin San Timoteo Creek (Santa Ana River an announcement just made yesterday Mainstem), California, $5,000,000; transfer has been discussed in North- that the Great Lakes governors have Indianapolis Central Waterfront, Indiana, west Georgia, and I assure the gen- allocated from the Great Lakes Protec- $7,000,000; tleman from Georgia the subcommittee tion Fund $745,000 for the Great Lakes Southern and Eastern Kentucky, Ken- understands the serious nature of any Commission to study and improve the tucky, $4,000,000; interbasin transfer of this magnitude amount and quality of information Clover Fork, Middlesboro, Town of Martin, and would be very concerned should available to decision-makers and the Pike County (including Levisa Fork and Tug such proposals be considered precipi- Fork Tributaries), Bell County, Martin general public regarding water re- County, and Harlan County, Kentucky, ele- tously or without full and exhaustive sources of the Great Lakes. That pro- ments of the Levisa and Tug Forks of the public study, consistent with all the gram fits in directly with what we have Big Sandy River and Upper Cumberland Federal and State laws and regula- asked the Corps to do. River, Kentucky, $19,000,000: Provided, That tions. Now I do regret and apologize to the the Secretary of the Army, acting through Mr. BARR of Georgia. Mr. Chairman, gentleman from California (Chairman the Chief of Engineers, is directed to proceed I reclaim my time only to thank the PACKARD) for rushing to the floor at with planning, engineering, design and con- gentleman from California. the last moment with this amendment, struction of the Town of Martin, Kentucky, but it is because we have just received element, in accordance with Plan A as set AMENDMENT OFFERED BY MR. EHLERS forth in the preliminary draft Detailed Mr. EHLERS. Mr. Chairman, I offer the information that the Great Lakes governors have released this funding. I Project Report, Appendix T of the General an amendment. Plan of the Huntington District Commander: The Clerk read as follows: would like to pursue the amendment; Provided further, That using $900,000 of the but out of consideration for the gen- Amendment offered by Mr. EHLERS: funds appropriated herein, the Secretary of Page 2, line 18, after ‘‘$153,327,000’’ insert tleman, I am quite willing to withdraw the Army, acting through the Chief of Engi- ‘‘(increased by $100,000)’’. it if he can give me assurances that he neers, is directed to undertake the Bowie Page 5, line 11, after ‘‘$323,350,000’’ insert will seek to address this funding mat- County Levee project, which is defined as Al- ‘‘(reduced by $100,000)’’. ter in conference. ternative B Local Sponsor Option, in the Mr. PACKARD. Mr. Chairman, will Corps of Engineers document entitled Bowie Mr. EHLERS (during the reading). County Local Flood Protection, Red River, Mr. Chairman, I ask unanimous con- the gentleman yield? Mr. EHLERS. I yield to the gen- Texas, Project Design Memorandum No. 1, sent that the amendment be considered tleman from California. Bowie County Levee, dated April 1997. as read and printed in the RECORD. Mr. PACKARD. Mr. Chairman, we FLOOD CONTROL,MISSISSIPPI RIVER AND The CHAIRMAN. Is there objection certainly do wish and we hope that we TRIBUTARIES,ARKANSAS, ILLINOIS, KEN- to the request of the gentleman from could take care of the gentleman’s TUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, Michigan? problem in conference, and I assure AND TENNESSEE There was no objection. him that we will make every effort to For expenses necessary for prosecuting Mr. EHLERS. Mr. Chairman, last do so. The $100,000 is not a great deal of work of flood control, and rescue work, re- year we passed the Water Resources pair, restoration, or maintenance of flood money; and if we get additional funds, control projects threatened or destroyed by Development Act of 1999, which in- we may be able to take care of it. cluded a provision directing the Corps flood, as authorized by law (33 U.S.C. 702a Mr. EHLERS. Mr. Chairman, re- and 702g–1), $323,350,000, to remain available of Engineers to inventory and report to claiming my time, I thank the gen- until expended. Congress on the existing information tleman for his reassurances. OPERATION AND MAINTENANCE, GENERAL base for the Great Lakes biohydro- Mr. Chairman, I ask unanimous con- For expenses necessary for the preserva- logical system. The intent of this pro- sent to withdraw the amendment. tion, operation, maintenance, and care of ex- vision is that the Corps compile the in- The CHAIRMAN. Is there objection isting river and harbor, flood control, and re- formation existing within the Federal to the request of the gentleman from lated works, including such sums as may be Government, including other agencies, Michigan? necessary for the maintenance of harbor

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12577 channels provided by a State, municipality over the oyster bed. That means it will In the letter that I reference, we also or other public agency, outside of harbor silt up. Now, if one straightens the strongly supported and urged the inclu- lines, and serving essential needs of general channel and ships can flow faster sion of the straightening of the S-turn, commerce and navigation; surveys and the Tolchester Channel. Why did we do charting of northern and northwestern lakes through this channel, which they will and connecting waters; clearing and do, one will increase the wake. When that? July 14, 1998, the gentleman from straightening channels; and removal of ob- one increases the wake, one will do sev- Maryland (Mr. GILCHREST) says he has structions to navigation, $1,854,000,000, to re- eral things. talked to the Coast Guard. Now, with main available until expended, of which such One, it will cause more erosion on all due respect to the gentleman, until sums as become available in the Harbor the shore. It has already caused signifi- 4 hours ago, I did not know of any of Maintenance Trust Fund, pursuant to Public cant damage to people’s property, this. My office was not talked to. I got Law 99–662, may be derived from that Fund, no information. I did not know about and of which such sums as become available whether it is a garage, cars, docks, you from the special account established by the name it. But the third thing, which is his conversations with the Coast Land and Water Conservation Act of 1965, as really a safety hazard, the wake will Guard. I do not think the committee amended (16 U.S.C. 460l), may be derived increase the danger of children playing knew about his conversations with the from that account for construction, oper- on the beach that have already found it Coast Guard. Maybe they did. ation, and maintenance of outdoor recre- difficult to play on the beach. When But at any event, let me read a let- ation facilities. one of the ships goes by, these young ter, 26 August 1994, signed by Rear Ad- AMENDMENT OFFERED BY MR. GILCHREST people could be washed into the Chesa- miral Eckart of the United States Mr. GILCHREST. Mr. Chairman, I peake Bay and potentially drown. Coast Guard, Commander of the Fifth offer an amendment. Now, the question will arise that we Coast Guard District. I quote a part of The Clerk read as follows: are dredging this new channel for safe- that, Mr. Chairman. ‘‘The S-turn in Amendment offered by Mr. GILCHREST: ty purposes that has been asked for by Tolchester Channel presents one of the Page 5, line 22, after the dollar amount in- most difficult navigational challenges sert ‘‘(reduced by $6,801,000)’’. the Coast Guard, the Corps of Engi- to a large ship within the Fifth Coast Mr. GILCHREST. Mr. Chairman, my neers. When that issue comes up, let me say this, I had a direct face-to-face Guard District, not just within Mary- amendment would decrease the Corps land, not just within the Chesapeake of Engineers’ operations and mainte- conversation with the Corps of Engi- neers, the District Engineer in the City Bay, but within the entire district.’’ nance account by $6,801,000 for the Yes safety is going to be raised. Tolchester S-turn straightening of Baltimore. I asked them that ques- tion: Does this rise to the threshold of Now, July 14, 1998, some 2 years later, project in my district. this is a Vice Admiral, United States Mr. Chairman, similar to the amend- a safety hazard for shipping through the Tolchester Channel. The answer, Coast Guard, then Commander, I am ment that we debated just a few min- not sure whether he is still Commander utes ago, this particular project, this Mr. Chairman, was no, it does not rise of the Fifth Coast Guard District. A straightening of a natural channel, to a safety hazard through the letter referring to the Tolchester Chan- would cost the taxpayers $13 million. Tolchester Channel. nel. ‘‘With increases to vessel size, the Now, as the Corps has run through its The only reason we are dredging the severity of the turns have caused dif- process to analyze the cost benefit to Tolchester Channel is because we are ficulty with maneuvering. The Coast the taxpayers in this country, this par- dredging the whole northern route, the Guard would prefer to be proactive in ticular project in the First Congres- Brewerton Extension, the Tolchester preventing any potential serious mis- sional District of Maryland dealing Channel, the C&D Canal. haps. The removal of the S-curve in the with the Tolchester Channel does not We have already talked about the Tolchester Channel would be a signifi- meet the Corps’ own justification to C&D Canal, and we know that is not do. The Corps of Engineers has not met cant step.’’ necessary to dredge. So if it is not nec- Now, I do not have a subsequent let- the threshold to benefit the taxpayers essary to dredge the northern route, if ter from the Coast Guard saying, no, in the United States. it is not a safety hazard, which the we did not mean that. Apparently they So my colleagues have come to Con- Corps of Engineers in Baltimore said it gress to get this project, I guess I have had a personal conversation with is not a safety hazard, and the Coast the gentleman from Maryland (Mr. would say, pushed through. This Guard if you ask them direct, the GILCHREST) who claims this is in his project, the Tolchester S-turn, does not Coast Guard will say that the meet the cost-benefit analysis to ben- district. Technically I suppose, if one Tolchester S-turn, since over 6,000 surrounds waterways, they are in one’s efit the taxpayers anywhere, including ships have passed through there in the Baltimore City. The project, therefore, district, but the fact of the matter is I last 6 years with no incident, that the would again reiterate this is perceived is not necessary. Tolchester S-turn does not rise to the Let us take a look at the environ- by the State legislature, by the gov- level of a safety hazard with their of- ernor, and by the majority of our dele- mental impact of this particular fice. project. The channel right now is a gation as an issue of our State and of Now, can one make it safer? Sure. our port. natural channel. It is the old Susque- Can one dredge the Tolchester S-turn hanna Riverbed that flows from Penn- Mr. Chairman, the 1996 water bill di- and make it a straight channel? Sure. sylvania out to the Chesapeake Bay. rects the Corps to expedite review of Would it be safer if it were straight? This is a natural-flowing channel. potential straightening of the channel, Sure. But what damage will be done if There is a natural scouring in this par- Tolchester Channel S-turn. It came out one does that if it is not a safety haz- ticular area, so very little dredging is of a committee of which the gentleman ard? The damage that will be done as a necessary. If we straighten the from Maryland (Mr. GILCHREST) was a result of that S-turn is great. Tolchester Channel, the likelihood of member. I ask my colleagues to support my an increased cost for dredging is there. If determined to be feasible and nec- Now, when the channel is straight- amendment. essary for safe and efficient navigation, ened, it will change the direction of the Mr. HOYER. Mr. Chairman, I move to and I have just read my colleagues two flow of water. And when the direction strike the last word. letters of the Coast Guard that indi- of the flow of water is changed, great Mr. Chairman, very quickly, this is cated it was necessary for the safe and damage will be done to one of the larg- about dredging. It is contrary to the efficient movement of vessels through est oyster bars in the Chesapeake Bay. letter that all of us signed receiving it this channel, to implement such This oyster bar just off Tolchester is as a State project in 1986. No doubt straightening as part of the project 300 acres, and it is a very active site. about it. This was not perceived by any maintenance. of the delegation to be a local project. Now, earlier the gentleman said he b 1730 It was a Statewide project, which is was not opposed to maintenance dredg- When one changes the flow of the why all eight Members of the delega- ing. Now, I am not sure what mainte- water, one will slow the water down tion signed. nance dredging he refers to, but the

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12578 CONGRESSIONAL RECORD—HOUSE June 27, 2000 fact of the matter is he tried by saying I would like to, if I may, just respond turn sometimes in the opposite direc- that, if we had ships going through, to some of my colleague’s comments. tion before completing the previous then children were going to drown. I do This is not a maintenance project. We turn. With ships approaching 1,000 feet not know that any children had do maintain the Tolchester Channel. in length, it is becoming increasingly drowned, and that would be a serious The Tolchester Channel is maintained difficult to navigate the channel, espe- problem we would have to protect on a regular basis. This amendment cially in winter, especially in poor against, apparently in anticipation of has no impact on normal maintenance weather with the wind and tide condi- the safety argument that somehow of the Tolchester Channel. This is con- tions. making the water flow faster could be sidered new work. The gentleman from Maryland talked dangerous. I have not heard the oyster Now, the Corps of Engineers has stat- about pilots and the pilots association. problem before, but we ought to look ed that this is not appropriate nor Well, the pilots association is on at that problem as well. proper when considering it as a safety record. It has urged for a number of But the fact of the matter is this is project. Because since 1994, there has years that this channel S-turn be modi- essential. In two letters from the Coast been 6,700 ships pass through the fied as soon as possible to avoid poten- Guard, I do not have a more recent let- Tolchester S-turn without an incident. tial ship groundings. ter telling me they were wrong, the There has been some groundings north As my friend from southern Mary- 1994 and 1998 letters say it is a safety of the Tolchester S-turn and there has land has stated on numerous occasions issue. It is a problem. It is not only a been some groundings south of the in this year’s Energy and Water Appro- problem, it is the worst problem in the Tolchester S-turn, but there has been priations Bill, Congress appropriated $6 Fifth Coast Guard District. That is no groundings in the Tolchester S- million for the S-turn. why they believe this project is abso- turn. The project was also authorized in lutely critical. Now, as far as the Coast Guard say- 1999 as part of the operations and main- I know the gentleman from Maryland ing that this is the biggest navigation tenance program. In order to complete (Mr. EHRLICH) is going to speak on this. challenge in this particular Coast the job, we need $6.8 million dollars. We have a bipartisan position on this Guard district, well, that is correct. The project is totally 100 percent Fed- issue, I think. In fact, the committee This is a challenge. But apparently the erally funded. has included this money at the request pilots and the captains have met that Now, we have talked about safety, of the administration, this is not an challenge, and they have not had an in- and that is the primary reason to get add-on project, this has been a planned cident in the Tolchester S-turn. this job done. We can reduce the likeli- project that is moving ahead to provide So since they have not had an inci- hood of an accident. But the project for safer navigation. It is essential. dent, a safety hazard incident in the also produces economic benefits, many We would ask our colleagues to reject Tolchester S-turn, what are we talking economic benefits. this amendment which, again, is de- about here? We are talking about The economic consequences of a seri- signed to stop dredging. I understand straightening the channel where there ous accident, for instance, were one to that that is the objective of the gen- has been no incidents of safety prob- occur, would be significant, something tleman from Maryland (Mr. lems reported. we certainly do not want to visit. Ac- GILCHREST). I agree with him to stop Then we are creating a safety hazard cordingly, the avoidance of such an ac- dredging if it is entirely harmful. But for people on the banks that are less cident, while not easily quantifiable, until that finding is made, then we than 1,000 feet from these huge ships contains economic benefits. need to proceed to make sure, A, the that pass by that cause major wakes Moreover, Mr. Chairman, since this economic viability of the port and, B, and potential problems with young project was approved by the Corps and directly related to that the safety of children on the shore. Plus the fact we authorized by this Congress, the Corps the vessels using the channels that ac- are then going to increase the cost to has reserved the environmental assess- cess and egresses the port of Baltimore. homeowners’ property. Remembering ment. In fact, the Corps is finishing the Mr. BOEHLERT. Mr. Chairman, I rise environmental assessment for the in support of the amendment of the now there is no safety hazard in the S- turn, there is a challenge to the pilots, project. It will be circulated in July gentleman from Maryland (Mr. and approved in settlement or October GILCHREST), and I would like to ask they pass through there all the time. But a safety hazard, has it risen to the at or near the beginning of fiscal year him a question, and then I would like 2001. to have him expound a little bit more legality of a safety hazard by the Coast on that. Guard or Corps of Engineers? The an- b 1745 I ask the gentleman from Maryland swer is no in their documents. My friend and colleague from Mary- (Mr. GILCHREST), is there an environ- So I would urge the Members of this land is someone for whom I have great mental impact statement on this House to think two ways, to think fis- respect on these issues. We disagree project, because that is something that cally, conservative, as to why we do from time to time when it comes to should concern us all. not want to throw good money down a dredging issues. But the majority of Mr. Chairman, I yield to the gen- sink hole when a project is not nec- the Maryland delegation is letting this tleman from Maryland (Mr. GILCHREST) essary; and when a project is not nec- House know that this is an important for a response to that question. essary, why do we do it to create an- project for the economic engine, which Mr. GILCHREST. Mr. Chairman, I other safety hazard and another envi- is the Port of Baltimore, the economic thank the gentleman from New York ronmental hazard? engine that drives the State of Mary- (Mr. BOEHLERT) for yielding to me. So I would urge my colleagues in the land. There has been no environmental im- House to vote for this amendment. Congress recognized this fact by ap- pact statement done on this particular Mr. EHRLICH. Mr. Chairman, I move propriating these funds last year, and project. I have talked to the Corps of to strike the requisite number of all we are asking this House to do is to Engineers from Baltimore City, along words. complete the job. Accordingly, I urge with the Coast Guard, along with nu- Mr. Chairman, again, with great def- all of my colleagues to oppose the merous other people involved in this in erence and respect to the gentleman Gilchrest amendment. Chestertown, Maryland once again, and from Maryland, Mr. Speaker, countries Mr. HOYER. Mr. Chairman, will the the Corps cannot tell us how high the probably watching, tuning in today are gentleman yield? wake will be when it hits the shore ex- saying ‘‘S-turn, what S-turn?’’ Mr. EHRLICH. I yield to the gen- cept that it is going to be higher. This S-turn is important in tleman from Maryland. The Corps cannot tell us whether or Tolchester Channel because it is part Mr. HOYER. Mr. Chairman, I have a not that slow down in the current will of the approach to the Canal, the C&D map here, and the gentleman rep- have an impact on those oysters be- Canal. Ships change course five times resents, am I correct, Baltimore Coun- cause they have not done the study. within 3 miles, often beginning a new ty?

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12579 Mr. EHRLICH. That is correct. through the Tolchester S-turn, but Mr. Chairman, first let me say to my Mr. HOYER. And the Tolchester well over 6,000 ships have done it since friend, the gentleman from Maryland Channel is essentially southeast of the 1994 without one incident in the (Mr. GILCHREST), if we get a ship that is gentleman’s congressional district and Tolchester S-turn. moving through the S-turn that hap- northeast of the district of the gen- What are the hazards for straight- pens to go aground and starts spilling tleman from Maryland (Mr. ening the Tolchester S-turn? As we can oil, I think then all of us are going to GILCHREST)? see right along here, the shores of Kent say why did we let this happen. Mr. EHRLICH. That is correct. County in the first congressional dis- I am thinking about what I can say Mr. HOYER. Whose district is it in? trict, the hazards apply to the people to my colleagues who are listening to It is in the middle of the water; is that on the shore. The hazards apply to this debate to try to impress upon correct? those watermen who want to catch the them why they should reject this Mr. EHRLICH. That is correct. few remaining oysters in the Chesa- amendment. Sure, I can go through the Mr. HOYER. So because it borders peake Bay that will be silted over, safety considerations, and we have the district of the gentleman from which is about the largest oyster bar in gone through that. I can read to them Maryland (Mr. EHRLICH) and it borders the Chesapeake Bay, well over 300 a letter signed by the gentleman from his district, both gentleman can equal- acres. Maryland (Mr. GILCHREST) that says ly claim it; am I correct? One last comment. The only reason the Tolchester project involves safety- Mr. EHRLICH. I certainly claim eco- they would straighten the Tolchester related modifications of the existing nomic benefits to be derived from this Channel, the Corps of Engineers, is if it channel which makes five course project. was a benefit to the taxpayers; and changes within 3 miles. The Corps of Mr. HOYER. I just wanted to make they have concluded that it is not a Engineers is completing a safety-re- sure that we understood. benefit to the taxpayers. There is no fi- lated study of the project. We request Mr. EHRLICH. In fact, the map is up. nancial justification for it. And the that the committee indicate support Mr. HOYER. Good. We have all got other one, is it really a safety hazard? for the execution of the project as a maps. And we have concluded that it is a safety improvement using operation Mr. QUINN. Mr. Chairman, I move to challenge. The safety hazard lies with and maintenance funding authority. strike the requisite number of words. those residents on the shoreline. This was signed by our entire delega- Mr. GILCHREST. Mr. Chairman, will Mr. CARDIN. Mr. Chairman, I move tion, including the gentleman from the gentleman yield? to strike the requisite number of Maryland (Mr. GILCHREST). Mr. QUINN. I yield to the gentleman words. I could tell my colleagues that this from Maryland. Mr. PACKARD. Mr. Chairman, will does meet the standards to be funded, Mr. GILCHREST. Mr. Chairman, I the gentleman yield? otherwise the distinguished chairman thank the gentleman from New York Mr. CARDIN. I yield to the gen- and ranking member would not have for yielding. I just wanted to make a tleman from California. included it in the bill they brought for- couple of points very quickly, if I can. Mr. PACKARD. Mr. Chairman, I ask ward. The administration would not The last comment: Whose district is unanimous consent that the debate have included it in its funding. This is the Tolchester Channel in? I do not time on this amendment and all not an add-on. This is authorized fund- think it really makes a difference amendments thereto be limited to 10 ing and has met all of the standards. whose district the Tolchester Channel minutes, equally divided. I could talk about the need, about is in. It happens to be in my district, Mr. VISCLOSKY. Mr. Chairman, is the pilots, the bay pilots that have though, and I will show my colleagues that 10 minutes per side, proponents been in my office that tell us of the on the map. Not the district of the gen- and opponents? Mr. Chairman, there safety hazards and the time delays that tleman from Maryland (Mr. EHRLICH) was 20 minutes total on this amend- are caused because of the S-turn and and not the district of the gentleman ment. how this change should be made from Mr. PACKARD. I adjust the unani- from Maryland (Mr. HOYER). the point of view of the efficiency and mous consent request to 10 minutes If my colleagues will look at this safety of our port. map, it is a little busy, a little hard to each side. I could tell my colleagues about the The CHAIRMAN. Is there objection see, but if we look at the map, the C&D environmental issues; that all of us are to the request of the gentleman from Canal channel comes down the eastern very concerned about the environment side of the Chesapeake Bay along the California? There was no objection. and we have worked very hard. Our en- Eastern Shore, and the area we are The CHAIRMAN. The gentleman tire delegation will stand by the Army talking about is Kent County on the from Maryland (Mr. GILCHREST) and Corps’ findings. And if this is not con- Eastern Shore. Following this line the gentleman from Maryland (Mr. sistent with the environmental stand- coming down here, we can see the C&D CARDIN) each will control 10 minutes. ards, that we are not going to support Canal approach the channel. Down in any type of activity that jeopardizes PARLIAMENTARY INQUIRY this area, what do we have right here, Mr. GILCHREST. Mr. Chairman, par- the progress that we have made in the less than a thousand feet off the shores liamentary inquiry. last 25 years for the Port of Baltimore. of Kent County, in a pretty little place The CHAIRMAN. The gentleman will I could tell my colleagues all these called Tolchester? The Tolchester state his inquiry. things, but let me just maybe make Channel. Mr. GILCHREST. Mr. Chairman, who one point. This has followed the or- Now, in the Tolchester Channel is the controls the time in support of the derly process. And if my colleagues be- Tolchester S-turn, which we have al- amendment? lieve there should be a process in ap- ready concluded is not classified as a The CHAIRMAN. The gentleman proving these projects, reject the gen- hazard but a challenge. So just a quick from Maryland (Mr. GILCHREST). tleman’s amendment. We have four clarification. The Tolchester Channel, Mr. GILCHREST. I thank the gen- Members of our delegation on the floor the Tolchester S-turn is contained tleman. that represent this area, two Demo- within the first congressional district. The CHAIRMAN. Who seeks time in crats, one Republican, opposing the Now, since we are reading letters, I opposition? gentleman’s amendment. want to read something from the re- Mr. CARDIN. I seek time in opposi- We all are concerned about the area; port of the Corps of Engineers that was tion, Mr. Chairman. but we recognize that in order to make recently put out about the Tolchester The CHAIRMAN. The gentleman progress, in order for safety, in order S-turn. Here is what it says. ‘‘The ben- from Maryland (Mr. CARDIN) is recog- for the efficiency of this port and in efit for straightening the Tolchester S- nized for 10 minutes. order for the environment of our area, turn is based solely on transit time Mr. CARDIN. Mr. Chairman, I yield we must reject the gentleman’s amend- savings.’’ It might be a challenge to get myself 3 minutes. ment. As well intended as it is, the

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12580 CONGRESSIONAL RECORD—HOUSE June 27, 2000 gentleman is opposed to dredging. He is The S-turn poses a serious problem cost of dredging because many of those opposed to any new dump sites. I un- with regard to safety risks, as my col- areas will be filled in. derstand his position, but it is not the leagues on this side stated a little bit Now, we are talking about $6 million, orderly process that we followed. earlier. Ships often have to change $13 million dollars, to complete a We have complied with all of the re- course five times within 3 miles to project that we asked the Corps to look quests that have been asked of us. navigate the turn. With vessels nearly into. When the Corps looked into this Allow the study to go forward. Let the a thousand feet in length, it is difficult project, their answer to do this project Army Corps reach its judgment. We are to safely navigate the channel, particu- was no. It is written down no. I have all satisfied to be controlled by how larly in poor weather conditions. talked to Colonel Berwick that the the Army Corps reaches that decision. The straightening of the turn has gentleman from Maryland (Mr. Mr. Chairman, I reserve the balance been recommended and supported by CUMMINGS) has referred to, and Colonel of my time. the State of Maryland, the Maryland Berwick, from the Baltimore district, Mr. GILCHREST. Mr. Chairman, I Port Administration, the Fifth U.S. said, number one, it does not rise to a yield myself such time as I may con- Coast Guard District, and the Mary- safety hazard, it is a challenge to get sume. land Pilots Association. through there, but it is not a safety Let me just make some comments. And speaking of the Maryland Pilots hazard for ships to pass through and The gentleman from Maryland (Mr. Association, in a letter dated April 26, this particular channel is an environ- CARDIN) said we stand by the Corps’ 2000, written by Captain Michael Wat- mental problem if we dredge this chan- nel. findings. The Corps found that the ben- son to Colonel Berwick of the Army efit for the straightening is based sole- So the Corps of Engineers said no. So Corps of Engineers, and I quote this be- what does Congress say if this amend- ly upon time saving. It is not economi- cause this is a very interesting state- ment fails? The Corps of Engineers, cally justified. And the Corps’ findings ment and it goes to that whole issue of through their study that we say we go on to say, ‘‘Based on our informa- safety, and we are talking about the pi- ought to trust, we hold on to their tion, general funding for this purpose,’’ lots who are out there every day, it study, the Corps says no, for sound fun- straightening the Tolchester S-turn, says: ‘‘Tolchester Channel was origi- damental reasons. Congress says yes. ‘‘is not considered feasible or appro- nally designed to utilize deep water in I strongly urge my colleagues in the priate.’’ That is what the Corps of En- order to minimize dredging costs and House to be fiscally responsible, envi- gineers said. allow for increases in vessel loads. This ronmentally smart, and consider the Now, the gentleman is saying that we resulted in the creation of the S-turn safety hazard of the people on the did not follow an orderly process. Well, at the northern end of the channel. As shore because of the increasing wake we did follow an orderly process. The vessel size has increased, the S-turn that will result from these bigger ships orderly process rejected the widening has become more difficult and that will go faster through this and the straightening of the Tolchester groundings have resulted. Subsequent straightened Tolchester channel. S-turn by the Corps of Engineers. What modifications and additional buoys One other quick comment. There is we are doing here is interrupting, we have addressed the problem, but only at this point in time no Environmental are bypassing, we are leapfrogging the in part. Pilots,’’ and I emphasize pilots, Impact Statement that has been con- orderly process with this appropriation ‘‘continue to report close calls and cluded by the Corps of Engineers on of $6 million for what the Corps of En- near misses, especially during periods this project. gineers said was not a necessary of reduced visibility during winter ice. Mr. HOYER. Mr. Chairman, will my project. A straightened channel will have many friend, the gentleman from Maryland Now, at this point I would like to advantages, increasing navigational (Mr. GILCHREST), yield on that issue? wax a little bit philosophical with Jus- safety, reducing the protection for Mr. GILCHREST. I yield to the gen- tice Felix Frankfurter’s statement, maritime accidents, and thereby help- tleman from Maryland. which goes and I quote, and this has to ing to protect the Chesapeake Bay en- Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding. I know he do with the letter that I signed approv- vironment.’’ has mentioned that a couple of times. ing this project some years ago. And With that, Mr. Chairman, I oppose As I think he knows, that is not a after some investigation and a closer the amendment. look at the project, I would like to unique situation of this project, but 1800 quote Justice Felix Frankfurter. Here b that statement is applicable to a num- ber of the safety-related projects in is what he said: ‘‘Wisdom so often Mr. GILCHREST. Mr. Chairman, this bill as well as previous bills. never comes. When it does, we ought could the Chair tell me how much time I have remaining. Mr. GILCHREST. Mr. Chairman, re- not to reject it merely because it’s claiming my time, and I will close with The CHAIRMAN. The gentleman late.’’ And in this particular situation, this comment, the other problem with from Maryland (Mr. GILCHREST) has 8 I think that is appropriate. this, it is a much broader issue than minutes remaining. The gentleman Mr. Chairman, I reserve the balance the Sandy Canal or a safety concern for from Maryland (Mr. CARDIN) has 41⁄2 of my time. the Tolchester area. Mr. CARDIN. Mr. Chairman, I yield 3 minutes remaining. The whole northern route that would minutes to the gentleman from Mary- Mr. GILCHREST. Mr. Chairman, who be dredged by my colleagues would in- land (Mr. CUMMINGS), my colleague has the right to close? volve 18 million cubic yards of dredge from Baltimore. The CHAIRMAN. The gentleman material being dumped overboard in Mr. CUMMINGS. Mr. Chairman, I from Maryland (Mr. GILCHREST) has the the middle of the Chesapeake Bay just want to thank the gentleman for yield- right to close. north of the Chesapeake Bay Bridge. ing me this time, and I rise to strongly Mr. GILCHREST. Mr. Chairman, I I guess we could get into a dispute oppose the gentleman’s amendment to yield myself such time as I may con- whether or not that is actually in my strike the funding to straighten the S- sume. district or in the district of the gen- turn in the Tolchester Channel leading Mr. Chairman, I would like to make tleman from Maryland (Mr. CUMMINGS) to the Port of Baltimore. a comment about the S-turn and the or anybody else’s district. It does not The straightening of the Tolchester pilots. The S-turn was not made to ac- matter. That 18 million cubic yards is S-turn is critical to maintaining navi- commodate ship traffic. The S-turn is a 2 million pounds of ammonia, 700,000 gational safety and economic viability natural channel, as the old Susque- pounds of phosphorus. It is the equiva- of the Port of Baltimore. Nearly 8,000 hanna River bed that is a natural chan- lent of putting a sewage treatment Baltimore City residents are directly nel. It is naturally deep. plant the size of the city of Annapolis employed by port businesses and as Now, when we straighten out that S- right there in the middle of the Chesa- many as 30,000 additional city residents turn, we are going to do a number of peake Bay, and I do not think that is have jobs related to port activities. things, one of which is to increase the what we want to do.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12581 Mr. Chairman, I reserve the balance Corps said in their analysis it did not letters I read to my colleagues, said of my time. rise to the cost benefit analysis that this is a significant safety issue, it Mr. CARDIN. Mr. Chairman, I yield was necessary to do a project like this. needs to be resolved. 11⁄2 minutes to the gentleman from But, nevertheless, this has been ap- The gentleman says we have not had California (Mr. PACKARD), the distin- proved by Congress. But we have not any accidents. Well, the Exxon Valdez guished chairman of the subcommittee. started this project. We continue the had an accident where there had been Mr. PACKARD. Mr. Chairman, the maintenance of the Tolchester Chan- no accident. Very frankly, we have a Gilchrest amendment seeks to zero out nel, but we have not started this new pipeline down on the Patuxent River funding for the Baltimore Channel and work project which I am so adamantly which for 40 years carried oil without Channels navigation channel mainte- opposed to. an accident. But there is going to be an nance and straightening project. This Now, I do want to sincerely thank accident here, and the consequences is an ongoing project which was funded the chairman of this committee, the may be very significant. in the current fiscal year, and the pro- gentleman from California (Mr. PACK- The chairman of the committee and posed funding is to complete the ARD), for working with me on this issue the ranking member of the committee project in fiscal year 2001. and many other dredging issues in the have heard this issue, they have gone The committee included report lan- past dealing with the Chesapeake Bay. the regular process, and they have ap- guage to address the apparent concerns I wish the gentleman from California proved this project. The majority of of the gentleman which involves envi- (Mr. PACKARD) a long, successful, joy- the Maryland delegation opposes the ronmental analysis and effects of pro- ous retirement. And at this particular amendment of the gentleman. posed dredged-material disposal sites. point, I am thinking about that myself. One of our former colleagues has On this point, we have stated in our So if I am ever out in San Diego, Mr. worked very hard on this issue, Helen report our expectation that the Corps Chairman, I would like to do a little Bentley, a Republican; and I, as a Dem- of Engineers will comprehensively con- kayaking in the Pacific Ocean out ocrat, have worked hard on this issue. sider alternative disposal sites in its there. But I do want to thank the I share absolutely the concern of the ongoing Environmental Impact State- chairman for being a gentleman with gentleman about the environmental ment which is to be released as a re- all these various issues. impact of dredging. We ought not to vised document later this year. Now, as far as the delegation is con- dredge if we cannot do so environ- It is inappropriate to pre-judge the cerned, the delegation is not united on mentally safely, period. That is a outcome of that analysis as being un- this. There is no unanimous agreement given. satisfactory; and, therefore, I reluc- on this particular issue. The gentle- But we ought not to by this amend- tantly oppose the amendment of the woman from Maryland (Mrs. MORELLA), ment with, and I reiterate, 4 hours’ no- gentleman from Maryland (Mr. the gentleman from Maryland (Mr. tice to the Maryland delegation that GILCHREST). BARTLETT), and myself are all opposed this amendment was going to be of- Mr. CARDIN. Mr. Chairman, I yield 2 to this particular project. We are going fered, defeat this project, which has minutes to the gentleman from Mary- forward with the maintenance of the been worked on since 1996, actually be- land (Mr. WYNN). Tolchester Channel, but we do not fore that, with the participation of the Mr. WYNN. Mr. Chairman, I thank want to deal at this point, because all gentleman from Maryland (Mr. my colleague from Maryland for yield- the evidence points against it, with the GILCHREST). ing me the time. widening of the Tolchester S-turn; and Now he has changed his mind. Let us Mr. Chairman, I would like to join we do not want to do that because not change our minds. Oppose the most of my Maryland colleagues cer- there is no need to dredge the northern Gilchrest amendment. Support the tainly in strongly opposing this amend- route at this point because it is not a Maryland delegation, the bipartisan ment. We have looked at this issue safety hazard, it is not necessary for Maryland delegation. thoroughly and, as has been indicated increasing commerce, it has nothing to Mr. GILCHREST. Mr. Chairman, I through today’s testimony, we are near do with jobs in the city of Baltimore. unanimous agreement that this amend- This has everything to do with spend- yield myself such time as I may con- ment is inappropriate. ing the taxpayers’ dollars unwisely. sume. We have here fundamental safety This has everything to do with an envi- Mr. Chairman, in our closing com- issues with respect to Tolchester, and ronmental project that is not wise to ments, when we look at each issue of we ought to acknowledge that fact and do and all the environmental groups dredging or straightening or deepening then act upon it and not implement are opposed to it. one at a time, it is not an environ- this amendment, which would, in ef- Mr. CARDIN. Mr. Chairman, I yield mental problem. When we take the cu- fect, overturn a lot of the work that myself such time as I may consume. mulative impact of all of these projects has already been done. Mr. Chairman, let me say that I ask throughout the Chesapeake Bay, it is This is a channel that has many my colleagues to support the chairman an environmental problem. shifts and turns in order to accommo- of the subcommittee, to support the And, no, there are many people date the traffic and, also, to accommo- majority of the Maryland delegation, throughout the State of Maryland that date safety concerns. Straightening the and to support common sense and fair oppose this particular issue. Every en- channel is a desirable objective. That play and allow this project to move for- vironmental group in the State of is an objective that we are pursuing ward and reject the Gilchrest amend- Maryland opposes this widening. My through, I say, the majority of the ment. constituents, especially those that Maryland delegation. We have studied Mr. Chairman, I yield the balance of have property on the shoreline, oppose this issue thoroughly. As was indi- the time to the gentleman from Mary- this widening and straightening of the cated, Environmental Impact Studies land (Mr. HOYER), the dean of the Tolchester S-turn. And, believe it or are underway and we certainly cannot Maryland delegation. not, my colleagues, the Corps of Engi- pre-judge them to be in the negative. Mr. HOYER. Mr. Chairman, this is an neers opposes this straightening with Under the circumstances, I think it issue on which Maryland is not divided. their cost benefit analysis because it is both prudent and sound that we pro- The Governor of Maryland opposes this does not rise to the threshold nec- ceed with the position that the delega- amendment. The State Legislature op- essary to benefit taxpayers. tion has taken and reject this amend- poses this amendment, not because The Environmental Impact State- ment. I would urge the membership to they voted on this particular amend- ment is not complete and there are do so. ment, but because they support the many environmental hazards that we Mr. GILCHREST. Mr. Chairman, I Tolchester Channel straightening. are considering. yield myself 2 minutes. Why? Because it is a safety issue. The gentleman from Maryland (Mr. Mr. Chairman, this project was ap- The pilots have been lobbying this HOYER) mentioned the problem with proved by Congress even though the very heavily. The Coast Guard, in two the oil tanker, the Exxon Valdez. 6,700

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12582 CONGRESSIONAL RECORD—HOUSE June 27, 2000 ships have passed through here in the The Permit Processing Management Plan There was no objection. last 6 years without one incident. And shall include specific objective criteria by Mr. BOEHLERT. Mr. Chairman, my there are no rocks here. One of the rea- which the Corps of Engineers progress to- amendment is straightforward and wards reducing any permit backlog can be noncontroversial. I believe it not only sons the Corps of Engineers said it was measured; (3) beginning on December 31, 2001, not necessary and one of the reasons and at the end of each quarter thereafter, re- has the support of the gentleman from the Coast Guard says it is a challenge port to Congress and publish in the Federal California (Mr. PACKARD) and the gen- but it is not a safety hazard is because Register, an analysis of the performance of tleman from Indiana (Mr. VISCLOSKY) there is nothing but sand here, nothing its program as measured against the criteria and other members of the Committee but sand and mud. set out in the Permit Processing Manage- on Appropriations, but also the gen- If anything runs aground, and they ment Plan; (4) implement a one-year pilot tleman from Pennsylvania (Mr. SHU- have not, they will slowly move into program to publish quarterly on the U.S. STER) and other members, on a bipar- Army Corps of Engineer’s Regulatory Pro- tisan basis, of the Committee on Trans- the sand bar and it is probably because gram website all Regulatory Analysis and the tide is down and when the tide Management Systems (RAMS) data for the portation and Infrastructure. comes up, they will move along. South Pacific Division beginning within 30 It also accomplishes something that This is not about safety, my col- days of enactment of this Act; and (5) pub- is relatively rare in this day and age. leagues. This is about convenience. lish in Division Office websites all findings, We have support for the amendment This is about convenience. rulings, and decisions rendered under the ad- from those within both the environ- The Corps of Engineers, in their ministrative appeals process for the Corps of mental community and the regulated Engineers Regulatory Program as estab- statement, said this is about time sav- community. lished in Public Law 106–60: Provided further, I have details on the amendment. ing. And so, we have not paid enough That Corps shall allow any appellant to keep attention as Members of Congress, as Both the chairman and the ranking a verbatim record of the proceedings of the member have the details, and I would our oversight responsibility, to some of appeals conference under the aforementioned these issues. administrative appeals process: Provided fur- have them inserted into the RECORD at So I urge my colleagues to vote for ther, That within 30 days of enactment of the end of this statement. fiscal responsibility, to vote for an en- this Act, the Secretary of the Army, acting What does this noncontroversial, but impor- through the Chief of Engineers, shall require tant amendment do? It updates and revises vironmentally sound amendment, and all U.S. Army Corps of Engineers Divisions the authorizing language included by Chair- to vote for the average constituent and Districts to record the date on which a man PACKARD in his Subcommittee relating to that needs a voice in the U.S. House of Section 404 individual permit application or the Corps wetlands permitting program—spe- Representatives. nationwide permit notification is filed with cifically nationwide permits and administrative Mr. Chairman, I yield back the bal- the Corps of Engineers: Provided further, appeals. ance of my time. That ‘‘filed’’ shall mean the date an appli- cant first submits its application or notifica- The general intent of my amendment is two- b 1815 tion to the Corps and not the date the appli- fold: (1) to increase the public’s and the regu- The CHAIRMAN. The question is on cation or notification is deemed complete. lated community’s right to know about the the amendment offered by the gen- AMENDMENT OFFERED BY MR. BOEHLERT Corps wetlands permitting program; and (2) to tleman from Maryland (Mr. Mr. BOEHLERT. Mr. Chairman, I remove provisions that might cause unneces- GILCHREST). offer an amendment. sary controversy or debate. The question was taken; and the The Clerk read as follows: While I’m including a detailed summary of Chairman announced that the noes ap- Amendment offered by Mr. BOEHLERT: the amendment in my written statement, let peared to have it. Page 6, line 12, strike ‘‘revise’’ and insert me highlight its major features. First, it re- ‘‘supplement’’. moves the reference to the number of pending Mr. GILCHREST. Mr. Chairman, I de- Page 6, line 17, strike ‘‘proposed rule’’ and mand a recorded vote. individual permits at the end of FY 99 as the insert ‘‘rule proposed on July 21, 1999,’’. performance measure of the proposed Permit The CHAIRMAN. Pursuant to House Page 6, line 19, after ‘‘(2)’’ insert ‘‘after Resolution 532, further proceedings on consideration of the cost analysis for the Processing Management Plan (PPMP). It the amendment offered by the gen- 1999 proposal to issue and modify nationwide shouldn’t be necessary to legislatively require that the Plan revolve around a chosen prior tleman from Maryland (Mr. GILCHREST) permits and the supplement prepared pursu- will be postponed. ant to this Act and’’. fiscal year. I would note, however, that there Page 6, line 25, strike ‘‘so that within’’ and is legitimate concern that the new nationwide The Clerk will read. all that follows through ‘‘1999’’ on page 7, The Clerk read as follows: permit restrictions and conditions will create line 3. an unmanageable workload for processing in- Page 7, line 4, after ‘‘specific objective’’ in- REGULATORY PROGRAM dividual permits. To be effective, the Plan For expenses necessary for administration sert ‘‘goals and’’. Page 7, line 5, strike ‘‘Engineers progress’’ must address this concern head-on; in the of laws pertaining to regulation of navigable context of its Plan, the Corps may certainly waters and wetlands, $125,000,000, to remain and insert ‘‘Engineers’ progress’’. Page 7, line 7, strike ‘‘at the end of each available until expended: Provided, That the want to look at the number of pending indi- quarter’’ and insert ‘‘on a biannual basis’’. Secretary of the Army, acting through the vidual permit applications in FY 99. Page 7, line 15, insert ‘‘and North Atlantic The other major highlight of the amendment Chief of Engineers, is directed to use funds Division’’ after ‘‘South Pacific Division’’. appropriated herein to: (1) by March 1, 2001, Page 7, line 20, insert after ‘‘Public Law is to modify provisions on recording the filing revise the report, Cost Analysis For the 1999 106–60: Provided further, That’’ the following: of permits so as to require the Corps to track Proposal to Issue and Modify Nationwide ‘‘, through the period ending on September both the date of permit application is received Permits, to reflect the Nationwide Permits 30, 2003,’’. and the date the application is considered actually issued on March 9, 2000, including Page 8, line 4, strike ‘‘That ‘filed’ shall complete, as well as the reason the applica- changes in the acreage limits, mean’’ and all that follows through ‘‘deemed tion is not considered complete upon first sub- preconstruction notification requirements complete.’’ on line 7 and insert the following: and general conditions between the proposed That the Corps of Engineers, when reporting mission. This should go a long way in pro- rule and the rule promulgated and published permit processing times, shall track both the viding useful information to help resolve the in the Federal Register; (2) by September 30, date a permit application is first received never-ending debate over the length of time it 2001, prepare, submit to Congress and publish and the date the application is considered takes a review and approve or deny wetlands in the Federal Register a Permit Processing complete, as well as the reason that the ap- permit applications. Management Plan by which the Corps of En- plication is not considered complete upon Chairman PACKARD is to be commended for gineers will handle the additional work asso- first submission. his overall efforts in developing and advancing ciated with all projected increases in the Mr. BOEHLERT (during the reading). this year’s bill. He has done a good job bal- number of individual permit applications Mr. Chairman, I ask that the amend- ancing the need for increased knowledge and preconstruction notifications related to the new and replacement permits and gen- ment be considered as read and printed about wetlands permit processing times, work- eral conditions so that within two years the in the RECORD. load impacts, and administrative appeals. number of pending individual permits shall The CHAIRMAN. Is there objection My modest, yet important amendment will not be greater than the number of said per- to the request of the gentleman from improve the language in the bill, and I urge all mits pending at the end of fiscal year 1999. New York? of my colleagues to accept it.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12583 Deletes the reference to the number of permit processing management plan; to the situation we find ourselves in. I do pending individual permits at the end of FY 99 wit, beginning on December 31, 2001, at not object to what he wants to do. as the performance measure of the Permit the end of each quarter thereafter, and The CHAIRMAN. The question is on Processing Management Plan (PPMP) for fu- I would acknowledge the gentleman the amendment offered by the gen- ture years, It shouldn’t be necessary to legisla- has lengthened this to a biannual re- tleman from New York (Mr. BOEH- tively require that the Plan revolve around a port, report to Congress and published LERT). chosen prior fiscal year. in the Federal Register an analysis of The amendment was agreed to. Modifies the performance measures report the performance of its programs as reg- Mr. PACKARD. Mr. Chairman, I to Congress (and publication in the Federal istered against the criteria set out in move to strike the last word. Register) from being quarterly to bi-annual (i.e. the permit processing management Mr. Chairman, for the benefit of the twice a year). This should help address con- plan; and, four, implement a 1-year Members, we would like to now offer a cerns about ‘‘excessive’’ reporting and paper- pilot program to publish quarterly on motion that will allow us to offer a work burdens. the U.S. Army Corps of Engineers’ reg- unanimous consent request that will Expands the one-year pilot program for the ulatory program for the South Pacific put some limitations and some con- South Pacific Division to include the North At- Division. trols on the balance of the evening, and lantic Division. Increased geographic diversity Additionally, how we compute time hopefully shorten the debate. should increase the value of the pilot program. relative to delays that had been com- Mr. Chairman, I move that the Com- Modifies provisions on recording the filing of plained about was changed in the sub- mittee do now rise. permits to require the Corps to track both the committee mark. That was an addi- The motion was agreed to. date a permit application is received and the tional burden. We then went to the full Accordingly, the Committee rose; date the application is considered complete, committee. The chairman of the com- and the Speaker pro tempore (Mr. as well as the reason the application is not mittee offered an amendment that was QUINN) having assumed the chair, Mr. considered complete upon first submission. ultimately adopted that further in- BARRETT of Nebraska, Chairman of the Sunsets after 3 fiscal years the proviso al- creased that burden by requiring that Committee of the Whole House on the lowing appellants to keep verbatim records of the Corps Division Office publish on its State of the Union, reported that that appeals conference proceedings. This should Web site all findings, rulings and deci- Committee, having had under consider- provide ample time to determine if such ver- sions. Additionally, a provision that I ation the bill (H.R. 4733) making appro- batim records help or hinder equitable and just do think can potentially have a priations for energy and water develop- resolutions. chilling impact on the appellate proce- ment for the fiscal year ending Sep- Makes technical and clarifying amendments. dure that the Corps shall allow an ap- tember 30, 2001, and for other purposes, Mr. PACKARD. Mr. Chairman, will pellant to keep a verbatim record of had come to no resolution thereon. the gentleman yield? the proceedings of the appeals con- f Mr. BOEHLERT. I yield to the gen- ference under the aforementioned ad- LIMITATION ON AMENDMENTS tleman from California. ministrative appeals process. DURING FURTHER CONSIDER- Mr. PACKARD. Mr. Chairman, I ap- The gentleman has now come forth ATION OF H.R. 4733, ENERGY AND preciate the gentleman from New York and, as I indicated, changed a quarterly WATER DEVELOPMENT APPRO- (Mr. BOEHLERT) yielding. reporting to biannual. That is an im- PRIATIONS ACT, 2001 Mr. Chairman, I think the amend- provement. There were several other ment is a very good amendment, and I improvements, but it also did place an- Mr. PACKARD. Mr. Speaker, I ask am very pleased to accept the amend- other burden on the Corps by also now unanimous consent that during further ment. I appreciate the fact that he has including the North Atlantic Division consideration of H.R. 4733 in the Com- offered it. as far as those reporting requirements. mittee of the Whole pursuant to House Mr. VISCLOSKY. Mr. Chairman, I So I do not object to what the gentle- Resolution 532, no further amendment move to strike the last word. men has done. He has added a burden to the bill shall be in order except, one, Mr. Chairman, I rise not to object to but he has improved the legislation pro forma amendments offered by the the Boehlert amendment. I will not do that was reported by the committee. chairman or ranking minority member so, but I do think it is imperative that The Corps does not have the money, of the Committee on Appropriations or the House understand the situation rel- and I would just want to emphasize I their designees for the purpose of de- ative to funding for the Army Corps of would hope at some point we have cor- bate; Engineers. rected that procedure so there is no Two, the amendment printed in the A year ago on this floor, in consid- delay to those who seek permits. House Report 106–701; ering the bill, we had several very seri- Finally, I do think the gentleman has Three, the following additional ous controversies relative to wetland made one important change, and that amendments, which shall be debatable regulation. When the budget was sent is that we do continue the current for 30 minutes: Mr. SALMON’s amend- to the United States Congress in Janu- counting period as far as when an ap- ment regarding solar energy. ary of this year, those rules were not plication for a permit is considered to Mr. VISCLOSKY. Mr. Speaker, will yet in effect. Subsequent to that period have been received, because my con- the gentleman yield? of time, they went into effect, and the cern as expressed in the full com- Mr. PACKARD. I yield to the gen- Army Corps of Engineers has estimated mittee, and would be here, that 12 tleman from Indiana. that the additional cost to ensure that months from now, 24 months from now Mr. VISCLOSKY. Mr. Speaker, if we there is no delay to developers and con- when the wetlands issue is potentially would also have an understanding on tractors and members of the general debated again, people will come in and the Salmon amendment that the gen- public would be 6 million additional say we told you so. If it was not for tleman from Arizona (Mr. SALMON) dollars over and above the budget re- those two changes in the year 2000, we would control 15 minutes of the 30 min- quest. Those $6 million are not con- would not have had this additional utes and that the gentleman from Colo- tained in this bill. delay, not because of any failing of the rado (Mr. UDALL) would control the To add further to the Corps’ problem, Corps or the contractor or developer, other 15 minutes? in the subcommittee mark there were but because we changed how those Mr. PACKARD. That is my under- additional requirements placed on the dates are computed. The gentleman in standing. Corps to the tune of a March 1, 2001, re- his amendment would compute them in Number four, the following addi- vised report cost analysis for a pro- both fashions, the previous fashion as tional amendments, which shall be de- posal to issue modified nationwide per- well as the new fashion contained in batable for 20 minutes: Mr. RYAN of mits: to wit, by September 30, the year the committee bill. Wisconsin regarding National Ignition 2001, prepare and submit to Congress So I did want to make sure that peo- Facility; and the amendment printed and publish in the Federal Register a ple understand for the record that is in the portion of the CONGRESSIONAL

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RECORD designated for that purpose in The SPEAKER. Is there objection to Becerra Gutknecht Pelosi Berman Hall (OH) Peterson (PA) clause 8 of rule XVIII and numbered 1. the request of the gentleman from Berry Hansen Petri Number five, the following additional California? Biggert Hastings (FL) Phelps amendments, which shall be debatable There was no objection. Blagojevich Hayes Pickering for 10 minutes: Mr. GEKAS, regarding Bliley Hill (MT) Pitts f Boehner Hilliard Porter energy independence; Mr. STEARNS, re- Boswell Hinchey Portman garding Secretary of Energy travel; ENERGY AND WATER DEVELOP- Brady (TX) Hoekstra Price (NC) Mr. STEARNS, regarding Secretary of MENT APPROPRIATIONS ACT, Brown (FL) Holt Ramstad 2001 Bryant Hostettler Rangel Energy travel before January 20, 2001; Burr Hoyer Riley Mr. RYAN of Wisconsin, regarding con- The SPEAKER pro tempore. Pursu- Burton Hulshof Rogan struction of the National Ignition Fa- ant to House Resolution 532 and rule Buyer Hutchinson Ros-Lehtinen cility; Mr. HANSEN, regarding nuclear XVIII, the Chair declares the House in Camp Hyde Ryan (WI) Canady Isakson Sabo waste storage; Mr. CAMP, regarding the Committee of the Whole House on Cannon Jenkins Salmon Strategic Petroleum Reserve Ex- the State of the Union for the further Capps Johnson, Sam Sanders changes; Mr. RYUN of Kansas, regard- consideration of the bill, H.R. 4733. Carson Jones (NC) Sandlin ing compensation of Department of En- Chambliss Kennedy Sanford b 1826 Clay Kildee Scarborough ergy employees; Mr. NEY, regarding Clyburn Kind (WI) Schakowsky Appalachian Regional Commission; Ms. IN THE COMMITTEE OF THE WHOLE Coburn Kleczka Sensenbrenner BROWN of Florida, regarding alter- Accordingly, the House resolved Cooksey LaHood Serrano native energy sources; and the amend- Costello Lantos Shadegg itself into the Committee of the Whole Crane Largent Shays ments printed in the portion of the House on the State of the Union for the Cubin Latham Sherman CONGRESSIONAL RECORD designated for further consideration of the bill (H.R. Danner Leach Shimkus that purpose in clause 8 of rule XVIII 4733) making appropriations for energy Davis (FL) Lee Shows Davis (IL) Lewis (GA) Shuster that are numbered 2, 3, 4, 8, 9, 10, 11, and water development for the fiscal Deal Linder Skelton and 12. year ending September 30, 2001, and for DeFazio Luther Smith (MI) Each additional amendment may be other purposes, with Mr. BARRETT of Deutsch Manzullo Smith (TX) Diaz-Balart McCarthy (MO) Souder offered only by the Member designated Nebraska in the chair. Doggett McCrery Spence in this request, or a designee, or the The CHAIRMAN. When the Com- Dooley McDermott Stark Member who caused it to be printed, or mittee of the Whole rose earlier today, Ehrlich McHugh Sununu a designee, and shall be considered as the amendment offered by the gen- Emerson McInnis Sweeney English McKinney Talent read. Each additional amendment shall tleman from New York (Mr. BOEHLERT) Eshoo McNulty Tancredo be debatable for the time specified had been disposed of, and the bill was Etheridge Meek (FL) Tauzin equally divided and controlled by the open for amendment from page 6, line 6 Evans Miller, George Thompson (CA) Ewing Minge Thompson (MS) proponent and an opponent, shall not through page 8, line 7. Farr Moran (KS) Thune be subject to amendment, and shall not SEQUENTIAL VOTES POSTPONED IN COMMITTEE Foley Myrick Thurman be subject to a demand for a division of OF THE WHOLE Ganske Nadler Tiahrt the question in the House or in the Gejdenson Ney Udall (CO) The CHAIRMAN. Pursuant to House Gephardt Northup Vitter Committee of the Whole. Resolution 532, proceedings will now Gibbons Norwood Weller That is the unanimous consent re- resume on those amendments on which Gilchrest Nussle Wexler quest that I propose, and I believe we further proceedings were postponed in Graham Oxley Whitfield Green (WI) Paul Wynn have agreement. the following order: amendment No. 5 The SPEAKER pro tempore. Is there by the gentleman from Missouri (Mr. NOES—262 objection to the request of the gen- HULSHOF); amendment by the gen- Abercrombie Collins Gekas tleman from California? tleman from Maryland (Mr. Ackerman Combest Gillmor Mr. OBEY. Mr. Speaker, reserving GILCHREST); a second amendment by Allen Condit Gilman Armey Conyers Gonzalez the right to object, I do not intend to the gentleman from Maryland (Mr. Bachus Cox Goode object. I simply would like to point out GILCHREST). Baird Coyne Goodlatte that the distinguished chairman of the The Chair will reduce to 5 minutes Baker Cramer Goodling the time for any electronic vote after Baldacci Crowley Gordon committee, the gentleman from Flor- Ballenger Cummings Goss ida (Mr. YOUNG), yesterday asked Mem- the first in this series. Barcia Cunningham Granger bers to give notice of amendments that AMENDMENT NO. 5 OFFERED BY MR. HULSHOF Barrett (NE) Davis (VA) Green (TX) they might intend to offer so that they Bass DeGette Greenwood The CHAIRMAN. The pending busi- Bateman Delahunt Gutierrez could be incorporated in any unani- ness is the demand for a recorded vote Bentsen DeLauro Hall (TX) mous consent request today; and also on amendment No. 5 offered by the gen- Bereuter DeLay Hastings (WA) said that the committee would know tleman from Missouri (Mr. HULSHOF) Berkley DeMint Hayworth Bilbray Dickey Hefley what we are doing when we are asked on which further proceedings were Bilirakis Dicks Herger to either accept or reject them. postponed and on which the ayes pre- Bishop Dingell Hill (IN) I note that in the last hour there vailed by a voice vote. Blumenauer Dixon Hilleary Blunt Doolittle Hobson have been some eight additional The Clerk will redesignate the Boehlert Doyle Hoeffel amendments that have come out of the amendment. Bonilla Dreier Holden woodwork. Seven of those, I think it is The Clerk redesignated the amend- Bonior Duncan Hooley fair to say, are coming from the major- ment. Bono Dunn Horn Borski Edwards Houghton ity side of the aisle. I would simply RECORDED VOTE Boucher Ehlers Hunter take note, for the benefit of Members The CHAIRMAN. A recorded vote has Boyd Engel Inslee who will want to know why we will be Brady (PA) Everett Istook been demanded. Brown (OH) Fattah Jackson (IL) in so late tonight on this bill, that the A recorded vote was ordered. Callahan Filner Jackson-Lee committee tried to make certain that The vote was taken by electronic de- Calvert Fletcher (TX) we had early notice of what the amend- vice, and there were—ayes 165, noes 262, Campbell Forbes Jefferson ments were and apparently we have a Capuano Ford John not voting 7, as follows: Cardin Fossella Johnson (CT) lot more who desire to prolong the de- [Roll No. 334] Castle Fowler Johnson, E. B. bate on that side of the aisle than we Chabot Frank (MA) Jones (OH) AYES—165 do on this side of the aisle. Chenoweth-Hage Franks (NJ) Kanjorski Aderholt Baca Barrett (WI) Clayton Frelinghuysen Kaptur Mr. Speaker, I withdraw my reserva- Andrews Baldwin Bartlett Clement Frost Kasich tion of objection. Archer Barr Barton Coble Gallegly Kelly

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Kilpatrick Napolitano Skeen AMENDMENT OFFERED BY MR. GILCHREST Capuano Hulshof Pitts King (NY) Neal Slaughter Cardin Hutchinson Pomeroy Kingston Nethercutt Smith (NJ) The CHAIRMAN pro tempore. The Carson Istook Portman Klink Oberstar Smith (WA) pending business is the demand for a Chenoweth-Hage Jackson (IL) Price (NC) Knollenberg Obey Snyder recorded vote on the amendment of- Clay Jackson-Lee Quinn Kolbe Olver Spratt fered by the gentleman from Maryland Clayton (TX) Radanovich Kucinich Ortiz Stabenow Clement Jefferson Rahall Kuykendall Ose Stearns (Mr. GILCHREST) on which further pro- Clyburn John Rangel LaFalce Owens Stenholm ceedings were postponed and on which Condit Johnson, E. B. Regula Lampson Packard Strickland the noes prevailed by voice vote. Conyers Jones (OH) Reyes Larson Pallone Stump The Clerk will designate the amend- Costello Kanjorski Reynolds LaTourette Pascrell Stupak Coyne Kaptur Rodriguez Levin Pastor Tanner ment. Cramer Kasich Roemer Lewis (CA) Payne Tauscher The Clerk designated the amend- Crane Kennedy Rogan Lewis (KY) Pease Taylor (MS) ment. Crowley Kildee Rogers Lipinski Peterson (MN) Taylor (NC) Cummings Kilpatrick Rothman LoBiondo Pickett Terry RECORDED VOTE Danner Kind (WI) Roybal-Allard Lofgren Pombo Thornberry The CHAIRMAN pro tempore. A re- Davis (FL) King (NY) Rush Lowey Pomeroy Tierney Davis (IL) Kingston corded vote has been demanded. Ryun (KS) Lucas (KY) Pryce (OH) Toomey DeGette Kleczka Sabo Lucas (OK) Quinn Towns A recorded vote was ordered. DeLauro Klink Sanchez Maloney (CT) Radanovich Traficant The CHAIRMAN pro tempore. This is DeMint Kucinich Sanders Maloney (NY) Rahall Turner a 5-minute vote. Deutsch LaFalce Sandlin Martinez Regula Udall (NM) Dickey Lampson Sawyer Mascara Reyes Upton The vote was taken by electronic de- Dicks Lantos Schaffer ´ Matsui Reynolds Velazquez vice, and there were—ayes 153, noes 273, Dingell Largent Schakowsky McCarthy (NY) Rivers Visclosky not voting 8, as follows: Dixon Larson Scott McCollum Rodriguez Walden Doggett Latham Serrano McGovern Roemer Walsh [Roll No. 335] Dooley Lee Sherman McIntyre Rogers Wamp AYES—153 Doolittle Levin Shows McKeon Rohrabacher Waters Doyle Lewis (KY) Shuster Meehan Rothman Watkins Abercrombie Goodlatte Oxley Dreier Lipinski Simpson Meeks (NY) Roukema Watt (NC) Andrews Goss Paul Dunn Lofgren Sisisky Menendez Roybal-Allard Watts (OK) Archer Graham Pease Edwards Lowey Skeen Metcalf Royce Waxman Barr Greenwood Peterson (PA) Ehrlich Lucas (KY) Skelton Mica Rush Weiner Barrett (NE) Gutknecht Petri Emerson Maloney (CT) Slaughter Millender- Ryun (KS) Weldon (FL) Bartlett Hansen Pickering Engel Maloney (NY) Smith (TX) McDonald Sanchez Weldon (PA) Barton Hefley Pombo English Mascara Snyder Miller (FL) Sawyer Weygand Bass Hill (IN) Porter Eshoo Matsui Souder Miller, Gary Saxton Wicker Bereuter Hill (MT) Pryce (OH) Etheridge McCarthy (NY) Spratt Mink Schaffer Wilson Biggert Hilleary Ramstad Evans McDermott Stabenow Moakley Scott Wise Bilbray Hobson Riley Everett McGovern Mollohan Sessions Wolf Bilirakis Hoekstra Rivers Fattah McHugh Stark Moore Shaw Woolsey Bliley Horn Rohrabacher Filner McIntyre Stearns Moran (VA) Sherwood Wu Blumenauer Houghton Ros-Lehtinen Fletcher McKinney Stenholm Morella Simpson Young (AK) Boehlert Hunter Roukema Forbes McNulty Strickland Murtha Sisisky Young (FL) Bonilla Hyde Royce Ford Meehan Stupak Bono Inslee Ryan (WI) Fossella Meek (FL) Sweeney NOT VOTING—7 Brady (TX) Isakson Salmon Fowler Meeks (NY) Talent Tanner Cook Markey Vento Bryant Jenkins Sanford Frank (MA) Menendez Tauscher Hinojosa McIntosh Burton Johnson (CT) Saxton Franks (NJ) Metcalf Lazio Thomas Calvert Johnson, Sam Scarborough Frelinghuysen Millender- Taylor (NC) Campbell Jones (NC) Sensenbrenner Frost McDonald Thompson (CA) b 1852 Canady Kelly Sessions Gallegly Miller, George Thompson (MS) Cannon Kolbe Shadegg Gejdenson Minge Thornberry Messrs. SMITH of Washington, Castle Kuykendall Shaw Gekas Mink Thune CUMMINGS, HALL of Texas, LEWIS of Chabot LaHood Shays Gephardt Moakley Thurman Chambliss LaTourette Sherwood Gibbons Mollohan Tiahrt California, KUCINICH, WEYGAND, Coble Leach Shimkus Gonzalez Moore Tierney ACKERMAN, ALLEN, ROHR- Coburn Lewis (CA) Smith (MI) Goodling Moran (VA) Towns ABACHER, CONYERS, MEEKS of New Collins Lewis (GA) Smith (NJ) Gordon Murtha Turner York, TOWNS, HAYWORTH, FORD, Combest Linder Smith (WA) Granger Nadler Udall (NM) Cooksey LoBiondo Spence Green (TX) Napolitano Vela´ zquez CROWLEY, HERGER and MEEHAN, Cox Lucas (OK) Stump Green (WI) Neal Visclosky and Ms. SANCHEZ, Mrs. MINK of Ha- Cubin Luther Sununu Gutierrez Ney Vitter waii, and Ms. MILLENDER- Cunningham Manzullo Tancredo Hall (OH) Northup Walsh Davis (VA) Martinez Tauzin Hall (TX) Oberstar Waters MCDONALD changed their vote from Deal McCarthy (MO) Taylor (MS) Hastings (FL) Obey Watkins ‘‘aye’’ to ‘‘no.’’ DeFazio McCollum Terry Hastings (WA) Ortiz Watt (NC) Messrs. BARR of Georgia, BURTON Delahunt McCrery Toomey Hayes Ose Waxman DeLay McInnis Traficant of Indiana, EVANS, DEFAZIO, Hayworth Owens Weiner Diaz-Balart McKeon Udall (CO) Herger Packard Wexler COBURN, LEWIS of Georgia, DAVIS of Duncan Mica Upton Hilliard Pallone Weygand Illinois, SABO, MINGE, TIAHRT, Ehlers Miller (FL) Walden Hinchey Pascrell Wicker SPENCE, FARR of California, UDALL Ewing Miller, Gary Wamp Hoeffel Pastor Wise Farr Moran (KS) Watts (OK) Holden Payne Woolsey of Colorado, MCNULTY, and BERMAN, Foley Morella Weldon (FL) Holt Pelosi Wu and Ms. LEE changed their vote from Ganske Myrick Weldon (PA) Hooley Peterson (MN) Wynn ‘‘no’’ to ‘‘aye.’’ Gilchrest Nethercutt Weller Hostettler Phelps Young (AK) Gillmor Norwood Whitfield Hoyer Pickett Young (FL) So the amendment was rejected. Gilman Nussle Wilson The result of the vote was announced Goode Olver Wolf NOT VOTING—8 as above recorded. NOES—273 Cook Lazio Thomas ANNOUNCEMENT BY THE CHAIRMAN PRO Hinojosa Markey Vento Ackerman Barrett (WI) Borski Knollenberg McIntosh TEMPORE Aderholt Bateman Boswell The CHAIRMAN pro tempore (Mr. Allen Becerra Boucher LAHOOD). Pursuant to House Resolu- Armey Bentsen Boyd b 1900 Baca Berkley Brady (PA) tion 532, the Chair announces that he Bachus Berman Brown (FL) Mrs. NORTHUP changed her vote will reduce to a minimum of 5 minutes Baird Berry Brown (OH) from ‘‘aye’’ to ‘‘no.’’ the period of time within which a vote Baker Bishop Burr Messrs. GRAHAM, ROYCE, and by electronic device will be taken on Baldacci Blagojevich Buyer COOKSEY changed their vote from Baldwin Blunt Callahan each amendment on which the Chair Ballenger Boehner Camp ‘‘no’’ to ‘‘aye.’’ has postponed further proceedings. Barcia Bonior Capps So the amendment was rejected.

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The result of the vote was announced tleman from Oklahoma (Mr. COBURN), [Roll No. 336] as above recorded. the gentleman from Tennessee (Mr. AYES—145 (Mr. STUPAK asked and was given WAMP), and the gentleman from Maine Abercrombie Goodling Norwood permission to allowed to speak out of (Mr. BALDACCI), who came to Michigan Andrews Goss Nussle order for 1 minute.) immediately after B.J. died. These Archer Graham Olver EXPRESSING GRATITUDE FOR SUPPORT OF MEM- Members and I, we all live together Armey Greenwood Ose Barrett (NE) Gutknecht BERS OF CONGRESS AND PEOPLE ACROSS Oxley here in D.C., not as Democrats or Re- Bartlett Hansen AMERICA DURING RECENT FAMILY TRAGEDY Paul publicans, but as individuals who have Bass Hayes Pease Mr. STUPAK. Mr. Speaker, I rise to- profound respect and love for one an- Bereuter Hefley Petri night to speak out of order for a few other. They are a great source of com- Biggert Hill (MT) Porter Bilbray Hilleary Pryce (OH) minutes to express my gratitude to the fort for me, Laurie, and Ken. Bilirakis Hobson Ramstad Members of this distinguished body and Blumenauer Hoekstra My family and I ask that each Mem- Rohrabacher Boehlert Horn to the thousands of individuals and ber also keeps in mind and close to Ros-Lehtinen families across my district and in this Bonilla Houghton heart the friends and classmates of B.J. Brady (TX) Hunter Roukema great Nation who have offered my fam- at Menominee High School as they deal Bryant Hyde Royce ily and me their support, prayers, and with this tragedy. They need all our Burton Inslee Ryan (WI) Salmon love for the loss of our son and brother, love, care, and support. B.J. was their Campbell Isakson Canady Johnson (CT) Sanford B.J. class leader. He would have been presi- Cannon Johnson, Sam Saxton It is often said that the true measure dent of the student body this coming Castle Jones (NC) Scarborough of any institution is how it comes to- year. Chabot Kelly Sensenbrenner gether for one of its own in times of Chambliss Kingston Sessions B.J. was concerned when the student Coble Kolbe Shadegg trouble. As I stand here tonight with a leadership team could not attend out- Coburn Kuykendall Shaw broken heart, I am reminded of the of-town functions or conferences be- Collins LaHood Shays strength and greatness in each of the cause there was never enough money in Combest LaTourette Sherwood Members, their congressional staffs, Cooksey Leach Skeen the student government budget. So in Cox Lewis (GA) Smith (MI) and the men and women who work each B.J.’s memory we have established the Cunningham Linder Smith (NJ) day with us in the U.S. House of Rep- B.J. Fund, to finance in part student Davis (VA) LoBiondo Smith (TX) Deal Lucas (OK) resentatives. participation in leadership programs. Smith (WA) Not only have they displayed their DeFazio Luther Sununu Through the generosity of many indi- DeGette Manzullo Tancredo kindness to Laurie, Ken, and me, but Delahunt Martinez viduals, organizations, and some Mem- Taylor (MS) DeLay McCarthy (MO) also to the Menominee community Terry bers of this House, I am proud to say Diaz-Balart McCollum when so many Members traveled to our Thornberry we have over $35,000 in the B.J. Fund. Duncan McInnis hometown to attend B.J.’s funeral. Ehlers McKeon Thune Mr. Speaker, I do not wish to make my Traficant While Members’ trips have been re- son larger than what he was in life, but Ewing Metcalf ported as a Who’s Who in Congress, led Farr Mica Udall (CO) B.J. was one of those people who we re- Upton by the Speaker, the Democratic leader, Foley Miller (FL) member they were here. He was blessed Fossella Miller, Gary Walden the gentleman from Missouri (Mr. GEP- with a personality, charm, and cha- Ganske Minge Wamp Gilchrest Moran (KS) Watts (OK) HARDT), and Tipper Gore, the news- risma. That was B.J. His life is a harsh paper failed to mention the personal Gillmor Morella Weller reminder of how fragile life is, for we Gilman Myrick Whitfield sacrifice each Member made, failed to do not know what life holds for any of Goode Nethercutt Wolf mention that a number were left stand- us. Goodlatte Ney Young (FL) ing on the tarmac because there was no For Laurie, Ken, and me, B.J. will be room on the plane. The newspaper NOES—281 forever in our hearts, on our minds, failed to recognize the kindness of this Ackerman Cardin Fattah and on our lips. Tonight we would like Aderholt Carson House, which is found in its Members. Filner to express our heartfelt thanks for Allen Chenoweth-Hage Fletcher B.J. realized the greatness of the U.S. Members’ support. Baca Clay Forbes House of Representatives, as he often Bachus Clayton Ford told me that I could not leave the ANNOUNCEMENT BY THE CHAIRMAN PRO Baird Clement Fowler TEMPORE Baker Clyburn Frank (MA) House until he was 25, so he could suc- Baldacci Condit The CHAIRMAN pro tempore (Mr. Franks (NJ) ceed me. B.J. knew that Article 1, Sec- Baldwin Conyers Frelinghuysen tion 2 of the United States Constitu- LAHOOD). Without objection, the next Ballenger Costello Frost vote will be 5 minutes. Barcia Coyne Gallegly tion states, ‘‘No person shall be a rep- Barr Cramer resentative who shall not have at- There was no objection. Gejdenson Barrett (WI) Crane Gekas tained the age of 25 years.’’ AMENDMENT OFFERED BY MR. GILCHREST Barton Crowley Gephardt He told Laurie shortly before he died Bateman Cubin Gibbons The CHAIRMAN pro tempore. The Becerra Cummings Gonzalez that he felt he could be an even better pending business is the demand for a Bentsen Danner Gordon Congressman than his dad. I am sure Berkley Davis (FL) recorded vote on the amendment of- Granger Berman Davis (IL) he could have been. Earlier today when Green (TX) fered by the gentleman from Maryland Berry DeLauro I announced my reelection plans for a Green (WI) (Mr. GILCHREST) on which further pro- Bishop DeMint fifth term, I know B.J. was pleased. ceedings were postponed and on which Blagojevich Deutsch Gutierrez We have received thousands of calls Bliley Dickey Hall (OH) the noes prevailed by voice vote. Hall (TX) and letters from Members and their Blunt Dicks The Clerk will designate the amend- Boehner Dingell Hastings (FL) families, friends, neighbors, even com- ment. Bonior Dixon Hastings (WA) Hayworth plete strangers. This outpouring of sup- The Clerk designated the amend- Bono Doggett port has given us strength. It has re- Borski Dooley Herger ment. Boswell Doolittle Hill (IN) newed our faith in the goodness of peo- Hilliard RECORDED VOTE Boucher Doyle ple and in the love of friends and neigh- Boyd Dreier Hinchey bors. The love, support, and under- The CHAIRMAN pro tempore. A re- Brady (PA) Dunn Hoeffel standing that we have received and corded vote has been demanded. Brown (FL) Edwards Holden A recorded vote was ordered. Brown (OH) Ehrlich Holt still continue to receive are blessings Burr Emerson Hooley for which we will be forever grateful. The CHAIRMAN pro tempore. This Buyer Engel Hostettler I would like to take a moment and will be a 5-minute vote. Callahan English Hoyer thank the gentleman from Oklahoma The vote was taken by electronic de- Calvert Eshoo Hulshof Camp Etheridge Hutchinson (Mr. LARGENT), the gentleman from vice, and there were—ayes 145, noes 281, Capps Evans Istook Pennsylvania (Mr. DOYLE), the gen- not voting 8, as follows: Capuano Everett Jackson (IL)

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12587 Jackson-Lee Moore Shows The following additional amend- Army Corps of Engineers headquarters to of- (TX) Moran (VA) Shuster ments, which shall be debatable for 20 fice space in the General Accounting Office Jefferson Murtha Simpson headquarters building in Washington, D.C. Jenkins Nadler Sisisky minutes: John Napolitano Skelton Mr. RYAN of Wisconsin regarding Na- ADMINISTRATIVE PROVISIONS Johnson, E.B. Neal Slaughter tional Ignition Facility; and Appropriations in this title shall be avail- Jones (OH) Northup Snyder The amendment printed in the por- able for official reception and representation Kanjorski Oberstar Souder tion of the CONGRESSIONAL RECORD des- expenses (not to exceed $5,000); and during Kaptur Obey Spence the current fiscal year the Revolving Fund, Kasich Ortiz Spratt ignated for that purpose in clause 8 of Kennedy Owens Corps of Engineers, shall be available for Stabenow rule XVIII, and numbered 1; purchase (not to exceed 100 for replacement Kildee Packard Stark The following additional amend- Kilpatrick Pallone Stearns only) and hire of passenger motor vehicles. Kind (WI) Pascrell Stenholm ments, which shall be debatable for 10 GENERAL PROVISIONS King (NY) Pastor Strickland minutes: Kleczka Payne CORPS OF ENGINEERS—CIVIL Stump Mr. GEKAS, regarding energy inde- Klink Pelosi SEC. 101. 16 U.S.C. 777c(a) is amended in the Stupak Knollenberg Peterson (MN) pendence; Sweeney second sentence by striking ‘‘2000’’ and in- Kucinich Phelps Mr. STEARNS, regarding Secretary of Talent serting ‘‘2001’’. LaFalce Pickering Tanner Energy travel; SEC. 102. (a) The Secretary of the Army Lampson Pickett Tauscher Mr. STEARNS, regarding Secretary of shall enter into an agreement with the City Lantos Pitts Tauzin Largent Pombo Energy travel before January 20 of 2001; of Grand Prairie, Texas, wherein the City Larson Pomeroy Taylor (NC) Mr. RYAN of Wisconsin regarding con- agrees to assume all of the responsibilities of Latham Portman Thomas struction of National Ignition Facility; the Trinity River Authority of Texas under Lee Price (NC) Thompson (CA) Contract #DACW63–76–C–0166, other than fi- Thompson (MS) Mr. HANSEN, regarding nuclear waste Levin Quinn nancial responsibilities, except as provided Thurman storage; Lewis (CA) Radanovich for in subsection (c) of this section. The Tiahrt Mr. CAMP, regarding Strategic Petro- Lewis (KY) Rahall Trinity River Authority shall be relieved of Lipinski Rangel Tierney Toomey leum Reserve exchanges; all of its financial responsibilities under the Lofgren Regula Mr. RYUN of Kansas, regarding com- Lowey Reyes Towns Contract as of the date the Secretary of the Lucas (KY) Reynolds Turner pensation of Department of Energy em- Army enters into the agreement with the Maloney (CT) Riley Udall (NM) ployees; City. ´ Maloney (NY) Rivers Velazquez Mr. NEY, regarding the Appalachian (b) In consideration of the agreement re- Visclosky Mascara Rodriguez Regional Commission; ferred to in subsection (a), the City shall pay Matsui Roemer Vitter Walsh Ms. BROWN of Florida, regarding al- the Federal Government a total of $4,290,000 McCarthy (NY) Rogan in two installments, one in the amount of McCrery Rogers Waters ternative energy sources; and McDermott Rothman Watkins The amendments printed in the por- $2,150,000, which shall be due and payable no McGovern Roybal-Allard Watt (NC) later than December 1, 2000, and one in the tion of the CONGRESSIONAL RECORD des- McHugh Rush Waxman amount of $2,140,000, which shall be due and McIntyre Ryun (KS) Weiner ignated for that purpose in clause 8 of payable no later than December 1, 2003. McKinney Sabo Weldon (FL) rule XVIII, and numbered 2, 3, 4, 8, 9, (c) The agreement executed pursuant to McNulty Sanchez Weldon (PA) 10, 11, and 12. subsection (a) shall include a provision re- Wexler Meehan Sanders quiring the City to assume all costs associ- Meek (FL) Sandlin Weygand Mr. PACKARD. Mr. Chairman, I ask Meeks (NY) Sawyer Wicker unanimous consent that the remainder ated with operation and maintenance of the Menendez Schaffer Wilson of title I be considered as read, printed recreation facilities included in the Contract referred to in that subsection. Millender- Schakowsky Wise in the RECORD, and open to amendment McDonald Scott Woolsey The CHAIRMAN. Are there any Miller, George Serrano Wu at any time. Mink Sherman Wynn The CHAIRMAN. Is there objection amendments to this portion of the bill? Mollohan Shimkus Young (AK) to the request of the gentleman from Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word. NOT VOTING—8 California? There was no objection. Mr. Chairman, I yield such time as Cook Markey Peterson (PA) she may consume to the gentlewoman Hinojosa McIntosh Vento The text of the bill from page 8, line Lazio Moakley 8, through page 10, line 18, is as follows: from Ohio (Ms. KAPTUR) for purposes of FORMERLY UTILIZED SITES REMEDIAL ACTION a colloquy. Ms. KAPTUR. Mr. Chairman, I thank b 1914 PROGRAM For expenses necessary to clean up con- the able gentleman from Indiana (Mr. So the amendment was rejected. tamination from sites throughout the United VISCLOSKY) for yielding me this time. The result of the vote was announced States resulting from work performed as Mr. Chairman, I have risen to engage as above recorded. part of the Nation’s early atomic energy pro- the distinguished gentleman from Cali- The CHAIRMAN. Pursuant to the gram, $140,000,000, to remain available until fornia (Mr. PACKARD), chairman of the order of the House of today, no further expended. Subcommittee on Energy and Water amendments shall be in order except GENERAL EXPENSES Development Appropriations, in a col- pro forma amendments offered by the For expenses necessary for general admin- loquy. As the gentleman and the rank- chairman and the ranking member or istration and related functions in the Office ing member knows, I have an ongoing their designees and the following fur- of the Chief of Engineers and offices of the interest in the enlarged use of biomass ther amendments which may be offered Division Engineers; activities of the Coastal materials as a source of domestic en- only by the Member designated in the Engineering Research Board, the Humphreys Engineer Center Support Activity, the Water ergy. Serving on the Subcommittee on order of the House or a designee, or the Resources Support Center, and headquarters Agriculture Appropriations, I have al- Member who has caused it to be print- support functions at the USACE Finance ways been somewhat puzzled that bio- ed or a designee, shall be considered Center, $149,500,000, to remain available until mass fuels such as ethanol and bio- read, debatable for the time specified, expended: Provided, That no part of any diesel have not become a more substan- equally divided and controlled by the other appropriation provided in title I of this tial energy resource for our country to proponent and opponent, shall not be Act shall be available to fund the activities displace our unwise reliance on im- subject to amendment, and shall not be of the Office of the Chief of Engineers or the ported sources of energy. subject to a demand for a division of executive direction and management activi- Mr. Chairman, it appears that we ties of the division offices: Provided further, the question: That none of these funds shall be available have a win-win-win situation if bio- The amendment printed in House Re- to support an office of congressional affairs mass fuels can provide a domestic en- port 106–701; within the executive office of the Chief of ergy source to help relieve our depend- The following additional amendment, Engineers. ence on foreign oil, if we maintain it as which shall be debatable for 30 min- REVOLVING FUND a renewable resource that will last as utes: Mr. SALMON, regarding solar en- Amounts in the Revolving Fund are avail- long as we can grow crops, and it will ergy; able for the costs of relocating the U.S. provide a new and substantial market

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for our farmers, especially if linked to work within, and the difficulty, frank- Iowa (Mr. BOSWELL) for purposes of a on-farm storage of inputs and broadly ly, of finding appropriate offsets with- colloquy. competitive processing and distribu- out impinging upon other vitally im- Mr. BOSWELL. Mr. Chairman, I tion arrangements. portant programs in this bill, I decided thank the gentleman from Indiana (Mr. One issue that seems to stand in the not to offer the amendment. VISCLOSKY) for yielding me this time. I way of additional progress in the devel- We do have allies on the Senate side appreciate that. opment of biomass fuels is the reluc- that are also very strong proponents of Mr. Chairman, it seems like I go tance of the Departments of Energy the Environmental Management Pro- these long spells and do not say much, and Agriculture to work together to gram. As the ranking member and but today I come asking for the consid- move biofuels research and develop- chairman undoubtedly recall, EMP was eration of the gentleman from Cali- ment forward. I assume that that lack permanently reauthorized last year; fornia (Mr. PACKARD). I had intended, I of coordination is the product of bu- and it was authorized from a $19 mil- had hoped today, to offer an amend- reaucratic inertia and can be overcome lion level up to $33 million. This year, ment which would have added $4.3 mil- with some well-directed prodding by the committee I think did a wonderful lion to the Environment, Health, and this Congress. job of trying to increase funding from Safety section of title III of the bill. So if the Chairman and ranking $19 million for this fiscal year up to $21 This addition would have matched the member agree, I hope that our two sub- million that is contained in this bill. administration’s request for important committees and we as leaders in the Mr. Chairman, we were hoping as health screening and treatment for Congress can work together to find part of the bipartisan Mississippi River workers at the Iowa Army Ammuni- ways to encourage cooperation between Caucus to get the funding up to around tion Plant in Burlington, Iowa, which I the Departments of Agriculture and $24 million, $25 million, which we feel am proud to represent. Unfortunately, Energy in the development of biomass would be sufficient for the program to this was not accepted by the com- fuels. I would suggest we ask the De- absorb the new cost, yet still be able to mittee. I know, from what we have dis- partments to report back to the com- accomplish the objectives that exist cussed earlier, I understand the di- mittee before we consider next year’s under the program; and that is still our lemma that the committee is in. appropriation bill on suggested initia- goal. We are hoping that given the Mr. Chairman, I will say that from tives that can be undertaken to in- greater flexibility over the allocation 1946 until 1975, the U.S. Atomic Energy crease the production and use of numbers as they are in the Senate, we Commission operated a portion of this biofuels, including recommendations are going to be able to achieve in- plant near Burlington to assemble nu- for engaging more broadly the U.S. creased funding from that side. Based clear weapons, employing approxi- farm sector in the storage, production, on conversations I have now had with mately 4,000 people, 4,000 workers. A re- processing, and distribution of biofuel the gentleman from Indiana (Mr. VIS- cent review by the EPA of documents inputs and outputs. CLOSKY) and also the gentleman from provided by the Department of Energy Mr. PACKARD. Mr. Chairman, will California (Mr. PACKARD), ranking has revealed the release of radioactive the gentlewoman yield? member and chairman of the sub- isotopes and hazardous chemicals at Ms. KAPTUR. I yield to the gen- committee, we are hoping to get a the plant during this time period. This tleman from California. more favorable outcome in conference, development raises serious concerns re- Mr. PACKARD. Mr. Chairman, we if we are more successful on the Senate garding the health and welfare of the would be very happy, and I would be side for EMP. workers at the plant. There is a tre- very happy, to work with the gentle- Mr. PACKARD. Mr. Chairman, will mendous need for this funding to prop- woman on this issue and, of course, the gentleman yield? erly screen and treat those that were with the committee upon which she Mr. KIND. I yield to the gentleman exposed to harmful elements. serves. from California. Funding for screening and treatment Ms. KAPTUR. Mr. Chairman, I thank Mr. PACKARD. Mr. Chairman, the at this plant at Burlington is not the the gentleman for his willingness to gentleman and I have discussed this only important screening activity work with me. I want to again thank previously, and we certainly would like which will not be funded in this bill. the able gentleman from Indiana (Mr. to work with the gentleman in trying Medical monitoring of more than 1,000 VISCLOSKY), ranking member, for yield- to find additional funds for this project workers who were employed at Am- ing me this time. in conference with the Senate. If the chitka, Alaska, during the time that Mr. VISCLOSKY. Mr. Chairman, re- Senate has a higher figure, there is a the U.S. Government maintained a nu- claiming my time, I yield such time as good chance that we could find a way clear testing facility on the island will he may consume to the gentleman to come up from what the House level be canceled. The project identifies, lo- from Wisconsin (Mr. KIND) for purposes is. cates and provides targeted medical of a colloquy. Mr. KIND. Mr. Chairman, reclaiming screening for those workers. Mr. KIND. Mr. Chairman, I thank the my time, I appreciate the gentleman’s Other sites such as Pantex in Texas gentleman from Indiana (Mr. VIS- commitment to the program, his lead- and Los Alamos in New Mexico will not CLOSKY), our ranking member, for ership on the issue, and look forward to be able to begin medical monitoring yielding me this time for purposes of a working with the gentleman in the fu- projects because the funding is not colloquy. As the ranking member and ture on this. available. the chairman of the subcommittee un- Mr. VISCLOSKY. Mr. Chairman, will So, Mr. Chairman, I ask of the gen- derstand, I have been a strong pro- the gentleman yield? tleman from California (Chairman ponent of the Environmental Manage- Mr. KIND. I yield to the gentleman PACKARD) and the gentleman from In- ment Program for the Upper Mis- from Indiana. diana (Mr. VISCLOSKY), the ranking sissippi River Basin. This is a program Mr. VISCLOSKY. Mr. Chairman, I member, and so on and all the rest, that has habitat restoration and long- would also agree. Obviously, there is no that when they go to conference, and term resource monitoring to better guarantee at all because the budget is any other opportunity that they may preserve and protect the Mississippi so very tight. But I do appreciate the have, I ask that they consider the serv- River Basin. commitment of the gentleman from ice the workers in these ammunition I had originally intended to offer an Wisconsin (Mr. KIND). And as the chair- plants, these tests sites, did for our amendment with appropriate offsets in man indicated, we would be happy to country during this Cold War period. order to increase funding for this vi- try to work with the gentleman. Their noble service is as responsible as tally important program, but out of Mr. VISCLOSKY. Mr. Chairman, I some of us who wore the uniform, some the respect for the committee and the move to strike the last word. of us that make the decisions we have work that they have done, and the Mr. Chairman, I yield such time as he to make in operations such as this 302(b) allocations that they have had to may consume to the gentleman from now.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12589 Mr. Chairman, these Cold War war- $1,916,000 shall be available for transfer to POLICY AND ADMINISTRATION riors need our country’s help to deal the Upper Colorado River Basin Fund and For necessary expenses of policy, adminis- with the health problems they have in- $39,467,000 shall be available for transfer to tration, and related functions in the office of curred due to their service. So I hope the Lower Colorado River Basin Develop- the Commissioner, the Denver office, and of- ment Fund; of which such amounts as may that these gentlemen and my col- fices in the five regions of the Bureau of Rec- be necessary may be advanced to the Colo- lamation, to remain available until ex- leagues in the House will work with me rado River Dam Fund; and of which not to pended, $47,000,000, to be derived from the and others to get this restored during exceed $200,000 is for financial assistance for Reclamation Fund and be nonreimbursable conference committee or any other the preparation of cooperative drought con- as provided in 43 U.S.C. 377: Provided, That no possible opportunity. That is my re- tingency plans under Title II of Public Law part of any other appropriation in this Act quest that I come to the floor with 102–250: Provided, That such transfers may be shall be available for activities or functions today. increased or decreased within the overall ap- budgeted as policy and administration ex- Mr. VISCLOSKY. Mr. Chairman, will propriation under this heading: Provided fur- penses. ther, That of the total appropriated, the ADMINISTRATIVE PROVISION the gentleman yield? amount for program activities that can be fi- Mr. BOSWELL. I yield to the gen- nanced by the Reclamation Fund or the Bu- Appropriations for the Bureau of Reclama- tleman from Indiana. reau of Reclamation special fee account es- tion shall be available for purchase of not to Mr. VISCLOSKY. I appreciate the tablished by 16 U.S.C. 460l–6a(i) shall be de- exceed four passenger motor vehicles for re- gentleman’s concern, and particularly rived from that Fund or account: Provided placement only. his concern over the health and safety further, That funds contributed under 43 GENERAL PROVISIONS of those who have worked in his dis- U.S.C. 395 are available until expended for DEPARTMENT OF THE INTERIOR trict and continue to do so. I for one, the purposes for which contributed: Provided SEC. 201. None of the funds appropriated or further, That funds advanced under 43 U.S.C. and I think the gentleman from Cali- otherwise made available by this or any 397a shall be credited to this account and are other Act may be used to pay the salaries fornia (Chairman PACKARD) shares my available until expended for the same pur- and expenses of personnel to purchase or concern, appreciate the gentleman poses as the sums appropriated under this lease water in the Middle Rio Grande or the bringing it to the committee’s atten- heading: Provided further, That funds avail- Carlsbad Projects in New Mexico unless said tion. able for expenditure for the Departmental Ir- purchase or lease is in compliance with the As I indicated to the gentleman from rigation Drainage Program may be expended purchase requirements of section 202 of Pub- Wisconsin, there is no guarantee in by the Bureau of Reclamation for site reme- lic Law 106–60. this process, except the sincerity of our diation on a non-reimbursable basis: Provided SEC. 202. The Secretary of the Interior is further, That section 301 of Public Law 102– authorized to assess and collect annually efforts. And I do appreciate the gentle- 250, Reclamation States Emergency Drought man’s commitment very much. from Central Valley Project (CVP) water and Relief Act of 1991, as amended, is amended power contractors the sum of $540,000 (June Mr. BOSWELL. Mr. Chairman, I further by inserting ‘‘2000, and 2001’’ in lieu 2000 price levels), and to remit that amount thank the gentleman for his response, of ‘‘and 2000’’: Provided further, That the annually to the Trinity Public Utilities Dis- and I thank the gentleman from Cali- amount authorized for Minidoka Project trict (TPUD). This assessment shall be pay- fornia (Mr. PACKARD) for his nodding North Side Pumping Division, Idaho, by sec- able 70% by CVP Preference Power Cus- response. tion 5 of Public Law 81–864, is increased by tomers and 30% by CVP Water Contractors. The CHAIRMAN. The Clerk will read. $2,805,000: Provided further, That none of the The CVP Water Contractor share of this as- The Clerk read as follows: funds appropriated in this Act may be used sessment shall be collected by the Secretary by the Bureau of Reclamation for closure of through established Bureau of Reclamation TITLE II the Auburn Dam, California, diversion tun- (Reclamation) Operation and Maintenance DEPARTMENT OF THE INTERIOR nel or restoration of the American River ratesetting practices. The CVP Power Con- CENTRAL UTAH PROJECT channel through the Auburn Dam construc- tractor share of this assessment shall be as- tion site. CENTRAL UTAH PROJECT COMPLETION ACCOUNT sessed by Reclamation to the Western Area BUREAU OF RECLAMATION LOAN PROGRAM Power Administration, Sierra Nevada Region For carrying out activities authorized by ACCOUNT (Western), and collected by Western through the Central Utah Project Completion Act, established power ratesetting practices. The $38,724,000, to remain available until ex- For the cost of direct loans and/or grants, $8,944,000, to remain available until ex- authorized amount collected shall be paid pended, of which $19,158,000 shall be deposited annually to the TPUD. into the Utah Reclamation Mitigation and pended, as authorized by the Small Reclama- Conservation Account: Provided, That of the tion Projects Act of August 6, 1956, as Mr. PACKARD (during the reading). amounts deposited into that account, amended (43 U.S.C. 422a–422l): Provided, That Mr. Chairman, I ask unanimous con- $5,000,000 shall be considered the Federal con- such costs, including the cost of modifying sent that the remainder of the title II tribution authorized by paragraph 402(b)(2) of such loans, shall be as defined in section 502 be considered as read, printed in the of the Congressional Budget Act of 1974, as the Central Utah Project Completion Act RECORD, and open for amendments at and $14,158,000 shall be available to the Utah amended: Provided further, That these funds are available to subsidize gross obligations any point. Reclamation Mitigation and Conservation The CHAIRMAN. Is there objection Commission to carry out activities author- for the principal amount of direct loans not ized under that Act. to exceed $27,000,000. to the request of the gentleman from In addition, for necessary expenses in- In addition, for administrative expenses California? curred in carrying out related responsibil- necessary to carry out the program for di- There was no objection. ities of the Secretary of the Interior, rect loans and/or grants, $425,000, to remain The CHAIRMAN. Are there amend- $1,216,000, to remain available until ex- available until expended: Provided, That of ments to that portion of the bill? pended. the total sums appropriated, the amount of If not, the Clerk will read. program activities that can be financed by BUREAU OF RECLAMATION The Clerk read as follows: the Reclamation Fund shall be derived from The following appropriations shall be ex- that Fund. TITLE III pended to execute authorized functions of DEPARTMENT OF ENERGY CENTRAL VALLEY PROJECT RESTORATION FUND the Bureau of Reclamation: For carrying out the programs, projects, ENERGY PROGRAMS WATER AND RELATED RESOURCES plans, and habitat restoration, improvement, ENERGY SUPPLY (INCLUDING TRANSFER OF FUNDS) and acquisition provisions of the Central For Department of Energy expenses includ- For management, development, and res- Valley Project Improvement Act, $38,382,000, ing the purchase, construction and acquisi- toration of water and related natural re- to be derived from such sums as may be col- tion of plant and capital equipment, and sources and for related activities, including lected in the Central Valley Project Restora- other expenses necessary for energy supply, the operation, maintenance and rehabilita- tion Fund pursuant to sections 3407(d), and uranium supply and enrichment activi- tion of reclamation and other facilities, par- 3404(c)(3), 3405(f ), and 3406(c)(1) of Public Law ties in carrying out the purposes of the De- ticipation in fulfilling related Federal re- 102–575, to remain available until expended: partment of Energy Organization Act (42 sponsibilities to Native Americans, and re- Provided, That the Bureau of Reclamation is U.S.C. 7101 et seq.), including the acquisition lated grants to, and cooperative and other directed to assess and collect the full or condemnation of any real property or any agreements with, State and local govern- amount of the additional mitigation and res- facility or for plant or facility acquisition, ments, Indian tribes, and others, $635,777,000, toration payments authorized by section construction, or expansion; and the purchase to remain available until expended, of which 3407(d) of Public Law 102–575. of not to exceed 17 passenger motor vehicles

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12590 CONGRESSIONAL RECORD—HOUSE June 27, 2000 for replacement only, $576,482,000 to remain Today, I urge my colleagues to join funding renewable energy research and available until expended: Provided, That, in me in declaring that the time for re- development, posing the risk of U.S. addition, royalties received to compensate newable energy is now. Americans are technology advancement being lost to the Department of Energy for its participa- paying more for fuel right now than at overseas competition. tion in the First-Of-A-Kind-Engineering pro- gram shall be credited to this account to be any time in our history. Dependency Despite the financial inequity of re- available until September 30, 2002, for the on foreign oil is at all-time highs. We search and development funding, re- purposes of Nuclear Energy, Science and fought a war less than 10 years ago newable energy and energy efficiency Technology activities. over threats to our oil supply, and we technologies have made impressive AMENDMENT OFFERED BY MR. SALMON agreed then we had to decrease our re- progress. Take, for example, the ad- Mr. SALMON. Mr. Chairman, I offer liance on foreign oil. Domestic oil pro- vances being made in my home State of an amendment. duction is down 17 percent since the Arizona. Arizona recently became the The CHAIRMAN. The Clerk will des- start of the current administration. first State to require that a certain ignate the amendment. Mr. Chairman, we must now work to percentage of our electricity come The text of the amendment is as fol- diversify our energy portfolio and draw from solar sources and one of 27 States lows: on domestic renewable energy re- to require derivation of energy from re- Amendment offered by Mr. SALMON: sources that, given the funding and pri- newable sources, including landfill gas, Page 16, line 18, after the dollar amount in- ority they deserve, will provide much- wind and biomass generators. sert the following: ‘‘(increased by needed reliable, affordable energy to These renewable energy technologies $40,000,000)’’. American homes, businesses, and in- are steadily gaining acceptance and are Page 21, line 19, after the dollar amount in- dustry, and free us from foreign con- just beginning to deliver on the prom- sert the following: ‘‘(reduced by $46,000,000)’’. trol. ise of clean, abundant, reliable and in- The CHAIRMAN. Pursuant to the The urgency of this situation is most creasingly competitive renewable en- order of the House of today, the gen- clearly illustrated by the recent gas ergy. I am confident that with con- tleman from Arizona (Mr. SALMON) and prices. Climbing fuel costs across the sistent, healthy funding, renewable en- the gentleman from Colorado (Mr. Nation have served as a painful re- ergy technologies will continue to UDALL) each will control 15 minutes. minder of our overdependence on for- faithfully deliver on that promise. The Chair recognizes the gentleman eign oil. For over a year, countries As my colleagues know, or many of from Arizona (Mr. SALMON). from the OPEC cartel and other oil- them know and probably are happy Mr. SALMON. Mr. Chairman, I yield producing countries have conspired to about this, this is my final term, and myself such time as I may consume. steal from Americans by artificially in- the close of my service as chairman of Mr. Chairman, before I begin I would flating the price of oil. These hikes the House Renewable Energy and En- like to express my gratitude to the have had a dramatic effect on the life ergy Efficiency Caucus. I am very gentleman from California (Chairman of every American and threaten the pleased at the progress that renewables PACKARD) for graciously accepting this state of our economy. have made during my stewardship. amendment. He and his staff have been Clearly, we rely too heavily on unre- House caucus membership is at an all- more than generous with their ideas, liable foreign oil supply from the time high of 160 Members. Senate cau- their time; and thanks to their efforts, world’s most volatile region. We must cus membership has grown to an im- we have agreed to fund renewable en- lessen our dependence on foreign oil pressive 26 Members. Nationwide sup- ergy programs well above this year’s and recognize renewable energy as a vi- port for renewable energy is strong and subcommittee mark and above final tally important and, I believe, under- growing, and funding levels are back on funding levels for the last 2 years. valued component of responsible en- the rise. This is particularly notable given ergy. I am optimistic about this year’s this year’s limited House Energy and House and Senate funding levels and b 1930 Water budget allocation. Again, I hope that, as more funds become avail- thank the gentleman. We will go golf- This morning, Secretary Richardson able, the conference bill will further ing together when we get out of here. spoke before the Committee on Inter- boost appropriations for renewable en- Mr. Chairman, I would also like to national Relations and commented ergy and energy efficiency programs. offer special thanks to the gentleman that our increased technology and re- I urge my colleagues to support re- from Colorado (Mr. UDALL) for his as- newable energy will be one of the fac- newable energy and energy efficiency sistance and support of this amend- tors that will bring oil prices back research and development. Together, ment. His outstanding work is much down and lessen our dependence on for- we can ensure a secure, abundant, appreciated by the renewable energy eign oil. clean and promising renewable energy community, and myself, and the future Despite exciting advances and prom- future. of this planet. I thank the gentleman ising advantages, renewable energy has Mr. Chairman, I reserve the balance very much. been underfunded in comparison to of my time. The amendment that the gentleman competing energy programs. From 1973, Mr. UDALL of Colorado. Mr. Chair- from Colorado and I are proposing when Federal funding for renewable en- man, I yield myself such time as I may today is a timely and responsible effort ergy technologies started in earnest, consume. to increase funding for renewable en- through fiscal year 1996, in real 1977 Mr. Chairman, I rise today to offer ergy for research and development pro- dollars, the Federal Government has this amendment with the gentleman grams. The amendment adds $40 mil- spent $42 billion for research and devel- from Arizona (Mr. SALMON) who chairs lion to the renewable energy budget. opment in nuclear and $19 billion for the House Caucus on Renewable En- This funding is necessary to ensure fossil fuels. ergy and Energy Efficiency, and with continued quality research and devel- Contrast those figures with the $11 the gentleman from New York (Mr. opment that is so vital to our national billion spent for renewable energy re- BOEHLERT) and the gentlewoman from security. search and development and $7 billion Ohio (Ms. KAPTUR). I especially want to The amendment is offset by a reduc- for energy efficiency. Clearly, renew- thank the gentleman from Arizona tion in contractor travel. Though the able energy technologies need and de- (Mr. SALMON) for working with me on committee cut funding for this pro- serve more comparable support, par- this amendment. This is our second gram last year, abuses still persist. Ad- ticularly in light of the fact that we joint effort in the last 2 years. ditionally, given the choice between are losing the technology race to other I join with many of my colleagues in travel dollars for contractors and re- countries, causing an even greater im- saying we will miss the leadership of search dollars for the future of Amer- balance in trade. the gentleman from Arizona (Mr. ica, it is clear that we must choose the Countries like Germany and Japan SALMON) on this issue. We look forward latter. are placing much higher priority on to working with him from his home

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12591 State of Arizona, and who knows what mestic businesses, supporting thou- resources in this country is hydrogen. I the future may hold. sands of American jobs, and opening believe it has been undervalued as a po- I do also want to thank the gen- new international markets for Amer- tential. I believe it has not received, tleman from California (Chairman ican goods and services. for a long time, the support it should. PACKARD) and the gentleman from In- It is estimated that the world market This is why I have such a strong in- diana (Mr. VISCLOSKY), ranking mem- for energy supply and construction terest in the potential for the evo- ber, for agreeing to accept this amend- over the next 30 years will be in the lution of a hydrogen economy, an econ- ment. range of several hundred billion dollars omy where hydrogen can compete and The amendment will add $40 million per year. America currently leads the win both as an energy supplement, a to solar and renewable energy pro- world technologically in developing ad- pure energy commodity rather than grams in fiscal 2001 and will offset this vanced renewable instruments and simply as a chemical. Rather than suf- sum with Department of Energy con- products; and we cannot, I say cannot, fering a dependency upon imported en- tractor funds. While this increase is afford to surrender this lead to our for- ergy sources, we can use hydrogen pro- not even close to the levels of the re- eign competitors. duced here at home as an abundant, ef- quest, it is a good start, and I hope it Past Federal support for sustainable ficient energy source with the capacity can begin a trend toward increased energy programs has been key to the to increase U.S. competitiveness, funding for these programs in future rapid growth of these emerging renew- bringing high-salaried jobs to this years. able technologies. Solar, wind, geo- country. After all the rhetoric we have been thermal, and biomass technologies Secondly, hydrogen is abundant. It hearing in the last few weeks in the have together more than tripled their can be produced from a variety of re- newspapers, on the talk shows, and on contribution to the Nation’s energy newable resources, and it has many the floor about our lack of an energy mix of our Nation over the last two uses, offering the promise of signifi- policy, I am glad to have this oppor- decades. Including hydropower renew- cant benefits to the agricultural, man- tunity today to rise above recrimina- ables, renewables now account for over ufacturing, transportation, and service tion to get to the heart of the problem. 10 percent of domestic energy produc- sectors of our economy. Our aerospace I want to talk about the importance tion, and approximately 13 percent of and chemical industries are ready right of agreeing on a long-term energy pol- domestic electricity generation. now to implement significant increases icy, one that requires us to think be- While these technologies have be- in the production, distribution, and yond today’s gasoline prices and be- come increasingly cost-competitive, storage of hydrogen as an energy com- yond the elections in November. I want the pace of their penetration into the modity. Also, hydrogen is a proven, effective to talk about the real crisis that will market will be determined largely by carrier of energy. Today, our cars are develop in 10 or 20 years from now government support for future research fueled with hydrogen-enriched gaso- when oil prices will probably go up per- and development as well as by assist- line. Our automobile industry is devel- manently as a result of increasing ance in catalyzing public-private part- oping fuel-cell powered cars, and re- global demand and of passing the peak nerships, leading to full commer- searchers are closing in on ways to in global petroleum production. cialization. power entire communities with hydro- We have not done enough to prepare Not only economic independence, but for this eventuality. But we might gen technology. also environmental health and lower There are many who feel that the have the opportunity to do so now. If energy costs are advanced by our in- Third World developing countries will there is a silver lining to the current vestment in renewable energy. But for be able to utilize it before us. We can crisis in oil prices, it is that we are our investment in these technologies create it and sell it to them, another being forced to consider alternative en- to pay off, efforts must be sustained way to increase American jobs. ergy sources. over the long term. It is time for us to I am told that hydrogen can be com- The Department of Energy has been recognize the value of clean energy re- bined with gasoline, ethanol, methanol, looking into these alternatives for search and development to our commu- or natural gas. Just adding 5 percent years. Twenty years after research on nities and to our world and to commit hydrogen to the gasoline/air mixture in clean energy technologies began, these to sustaining our investment in clean an internal combustion engine can re- technologies are becoming a part of the energy in the years to come. duce nitrogen oxide emissions from 30 solution to concerns about the quality Our amendment does not quite do all to 40 percent. An engine converted to of our water and air and changes in our that should be done, but it does greatly burn pure hydrogen produces mostly climate. improve the bill. I urge its adoption. clean water as exhaust. DOE’s renewable energy programs Mr. Chairman, I reserve the balance For example, NASA, in addition to are vital to our Nation’s interests, of my time. using hydrogen to propel the space helping to provide strategies and tools Mr. SALMON. Mr. Chairman, I yield shuttle, uses hydrogen to provide all to address the environmental chal- 4 minutes to the gentleman from Penn- the shuttles electric power in on-board lenges we will face in the coming dec- sylvania (Mr. PETERSON). fuel cells, whose exhaust, pure water, is ades. By reducing air pollution and Mr. PETERSON of Pennsylvania. Mr. used to drink by those who are on the other environmental impacts from en- Chairman, I thank the gentleman from trip. ergy production and use, these pro- Arizona for yielding me this time. I While this is no secret, some people grams also constitute the single larg- thank him and congratulate him on his might be surprised to know that the est and most effective Federal pollu- amendment. largest user of hydrogen is the petro- tion prevention program. Mr. Chairman, there has never been a chemical industry which infuses oil Investments in sustainable energy time when this country should be with growing amounts of hydrogen in technologies meet multiple other pub- ready for alternatives. There has never order to meet environmental regula- lic policy objectives. Far from decreas- been a time when we should be working tions. Hydrogen also improves the po- ing, U.S. dependence on imported oil together to solve our energy problems tency and lowers emissions of natural has actually increased to record levels in this country and start moving away gas. I believe this is one of the most over the past 25 years. The gentleman from a 60 percent dependency. It is bad immediate targets of continuing oppor- from Arizona (Mr. SALMON) and I are enough to be 60 percent dependent, but tunity for our industry. old enough to remember the gas lines worse when one is dependent on unsta- Our economy is a fossil fuel-based and the early crisis of the early 1970s. ble parts of the world, some parts of it economy, and we should be thankful These programs are helping us to re- who desperately do not like us. for the success we have had there. But duce our reliance on oil imports, there- On the renewable side, I think one hydrogen, not only is an energy itself, by strengthening our national security, part I want to emphasize on is the hy- but is an enhancer of the current fossil and also creating hundreds of new do- drogen side. One of the most renewable fuels.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12592 CONGRESSIONAL RECORD—HOUSE June 27, 2000 I urge the adoption of this amend- and to increase their production, is not ship on this initiative. I do think it is ment, and I urge a stronger emphasis a position America wants to be in at important. be put on hydrogen. There is no down- the beginning of this new millennium. Mr. Chairman, we flick on switches side to hydrogen. It is what we should We spend over $50 billion a year on and electricity immediately comes on. put our investment in. I believe it will imported petroleum products and We start our cars; we drive. We imme- be the fuel that will operate our future crude. And when we go and pump gaso- diately have access to virtually any- economy. line in our tanks, over half of every thing we want in this country. Yet at dollar that we spend goes in the pocket the end of the day we are indeed de- b 1945 of a leader of business in some other pendent on other people to supply the Mr. UDALL of Colorado. Mr. Chair- nation, not this one. To put it in per- basic resources of this country to run man, I yield myself such time as I may spective, America’s farmland and our our operations. Let us not continue to consume, before yielding to my col- farmers, our agriculture infrastruc- find ourselves at this place at this league from Ohio, to speak to the gen- ture, can produce enough energy to re- time. Let us support this amendment, tleman from Pennsylvania (Mr. PETER- place half of our Nation’s gasoline let us move forward, let us strive in the SON) and tell him that I was very inter- usage and all of our nuclear power sup- 21st century to bring about tech- ested to hear his remarks and I look ply. And we can do so without a major nologies that will improve the quality forward to working together with him impact on food prices. That is how pro- of life, that will improve the quality of on this exciting potential that hydro- ductive agricultural America can be if the atmosphere and make our lives less gen does offer to us. given this challenge. dependent on outside and external As the gentleman points out, it may Imagine taking that $50 billion we forces. well be the fuel economy of the future, pay to someone else and putting it to Mr. UDALL of Colorado. Mr. Chair- and it has very clean by-products and work here at home for domestic invest- man, I yield myself such time as I may has applications across all the energy ment in rural America, in terms of jobs consume to respond to my colleague needs we now have in our society. So I created for production, harvesting, from Florida that I agree with him; look forward to working with the gen- storage of biofuel inputs, and indus- that this is an issue of national secu- tleman to promote the use of hydrogen trial growth with the creation of facili- rity at its core. It is also an issue of for the long term. ties for the conversion of biomass to great economic opportunity. And in an Mr. Chairman, I yield 3 minutes to fuel. What an energy boost, in fact, interesting way, it is an issue that the gentlewoman from Ohio (Ms. KAP- this would be and an income boost for could provide more freedom to every TUR). so many communities across this coun- American. If we think about it, we bring our oil Ms. KAPTUR. Mr. Chairman, I thank try. the gentleman from Colorado (Mr. I have been very surprised at how from all over the world, and we have to UDALL) for yielding me this time, and I slow we have made progress in this centralize the production of it and the distribution of it. If we move in the di- also want to thank the gentleman from area. Progress has come, but not in as rection that the gentlewoman from Arizona (Mr. SALMON) and the gen- fast a way as we have seen progress, for Ohio (Ms. KAPTUR) and the gentleman tleman from New York (Mr. BOEHLERT) example, in our space program. So I from Arizona (Mr. SALMON) are pro- for their cosponsorship of this very im- rise in very strong support of the viding leadership in, we can be pro- portant amendment. amendment. This is the right direction ducing these fuels in our home areas I want to also thank the chairman of for America, the right direction for the and in ways that provide maximum the subcommittee, the gentleman from future, and I commend both gentlemen. freedom to all our citizens. California (Mr. PACKARD), and the Mr. SALMON. Mr. Chairman, I yield ranking member, the gentleman from It is an interesting thought and an such time as he may consume to the exciting one, I thank the gentleman for Indiana (Mr. VISCLOSKY), for their co- gentleman from Florida (Mr. FOLEY), his leadership on this. operation. Because when this legisla- who not only talks the talk, he walks Mr. Chairman, I yield 3 minutes to tion was considered in the full Com- the walk. He has a convertible so that the gentleman from Wisconsin (Mr. mittee on Appropriations, I offered an he does not have to use his blow dryer KIND). amendment to make sure that we did in the morning and saves on energy Mr. KIND. Mr. Chairman, I thank the not spend any less this coming year that way. gentleman from Colorado (Mr. UDALL) than we did the current year, and the Mr. FOLEY. Mr. Chairman, I cer- for yielding me this time, and I rise in original bill that came to us was about tainly appreciate the personal observa- strong support of this alternative en- $12 million under what we were spend- tion of the gentleman from Arizona. ergy amendment. ing for this area of renewables and Mr. Chairman, I first want to salute In the past few months, gasoline solar. In fact, it was $106 million under the gentlewoman from Ohio (Ms. KAP- prices have skyrocketed, with my west- the administration’s request. The gen- TUR), who just made some very, very ern Wisconsin constituents paying tleman from California (Mr. PACKARD) important statements. I think it is im- nearly $1.90 per gallon for conventional very willingly tried to work with us portant for America to note the strong- gasoline, not the reformulated gaso- and to tick up this account a bit. est Nation on Earth, the one everyone line, but conventional gasoline. Unfor- Certainly in light of rising fuel prices comes to for aid and assistance, is on tunately, many elected officials, from in this country, we really thank the bended knee at OPEC headquarters both sides of the political aisle, would chairman for his cooperation and inter- pleading for lower fuel prices. The rather play politics with this issue and est, and I sincerely hope as this bill United States of America, who when blame someone else for the problem progresses farther down the appropria- asked to defend other nations is the rather than work to find answers and tions process in our work with the first to respond, sends its emissaries to fix the problem for the future. other body we will be able to find addi- plead with the oil emirates to please Many of my colleagues claim that tional dollars for this important addi- bring down our prices, our voters are the current gasoline prices are the re- tion to America’s energy security. upset. sult of an inadequate national energy Every person in this Chamber and This amendment goes a long way to policy. To them, however, increased do- every American listening tonight rectifying not only the pleadings but, mestic drilling and greater reliance on knows that this is the right direction hopefully, the passage of a new era in oil seems to be the panacea for decreas- for America, and that in fact America’s seeking alternative fuels that will not ing the rising prices at the pump. chief strategic vulnerability now is our degrade the environment, that will be Other Members believe the big oil com- energy dependence. To see American available, and will create opportunities panies and refiners are gouging con- diplomats on their knees to the leaders and jobs. So I applaud the gentleman sumers with inflated gasoline prices, of other countries, oil producing states, from Arizona and the gentleman from leading to a 512 percent profit margin asking them to try to take care of us Colorado (Mr. UDALL) for their leader- for the oil industry in this year alone.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12593 While the arguments of both parties mestic fuel sources, like wind, like b 2000 may well have some merit, it is undeni- solar and geothermal; and we must as- AMENDMENT NO. 4 OFFERED BY MR. FOLEY able this Nation needs to invest more sure a guaranteed supply of available Mr. FOLEY. Mr. Chairman, I offer an in renewable and alternative energy and affordable energy. Yet in order for amendment. technologies that are more environ- us to have options other than foreign- The CHAIRMAN. The Clerk will des- mentally friendly. Wind, solar, geo- produced fossil fuel in the future, we ignate the amendment. thermal, biomass, and hydropower are must have genuine investments in re- The text of the amendment is as fol- important components in our Nation’s newables today. lows: energy mix. Unfortunately, between This amendment is a key step in that Amendment No. 4 offered by Mr. FOLEY: fiscal year 1973 and fiscal year 1995, re- direction. It is also a statement of Page 16, line 18, insert after ‘‘$576,482,000’’ newable energy technologies accounted what our energy priorities must and the following: ‘‘(reduced by $22,500,000) (in- for approximately 10 percent of all Fed- should be. Mr. Chairman, I urge my creased by $13,000,000) (increased by eral Government research and develop- colleagues to support this amendment. $6,000,000)’’. ment spending. Private sector energy We must develop renewable sources of The CHAIRMAN. Pursuant to the R&D declined 42 percent between 1985 energy that our children can depend order of the House today, the gen- and 1994. In fact, it has continued, this upon. tleman from Florida (Mr. FOLEY) and downward decline. Mr. UDALL of Colorado. Mr. Chair- the gentleman from California (Mr. Investments in efficient and renew- man, I yield myself such time as I may PACKARD) each will control 5 minutes. able energy sources deliver value for consume. The Chair recognizes the gentleman taxpayers by lowering our energy de- Again, I want to just close and thank from Florida (Mr. FOLEY). mand while developing additional do- my colleague, the gentleman from Ari- Mr. FOLEY. Mr. Chairman, I yield mestic energy sources that strengthen zona (Mr. SALMON), for all his terrific myself such time as I may consume. our national security, spur new high- work in this regard over the last couple Mr. Chairman, let me take this op- tech jobs, boost world economic devel- of years. I do look forward to working portunity to thank the gentleman from opment, and help protect the environ- with him in the future. California (Chairman PACKARD) for his ment. I might leave the discussion with a hard work on this legislation before us My constituents are currently suf- couple of additional thoughts. I was re- today. I am proud of the work he has fering from inordinately high gas minded that just 100 years ago humans done to help preserve our water re- prices. And while it is important that depended on three sources of energy: sources, particularly in the Everglades we find out the causes for the regional their own muscle power, that of ani- in Florida. differentials in gas prices as they exist mals, and wood. And over the last hun- This is probably one the most impor- today, especially in the upper Midwest dred years we have created an im- tant bills Members deal with relative region, we must also use this oppor- mensely powerful supply of energy that to their legislative responsibilities be- tunity to advance a proactive and more is based on petroleum and fossil fuels. cause it clearly works within the dis- sustainable long-term energy policy so When that potential energy source be- tricts and the multitude of projects we are in more control of our own en- came apparent, the Federal Govern- that make America the great Nation it ergy needs in the future. This amend- ment was very involved in the research is. ment helps us get there, and I urge my and development that occurred that de- I join my colleague today the gen- colleagues to support it. termined and explored and discovered tleman from Massachusetts (Mr. MAR- Mr. UDALL of Colorado. Mr. Chair- all these terrific uses for petroleum. KEY). He is unavoidably detained or he would be here today at this moment to man, I yield 2 minutes to the gentle- Now we are on the cusp of a new age, OOLSEY argue with us the importance of this woman from California (Ms. W ). and I think it is very appropriate that Ms. WOOLSEY. Mr. Chairman, I rise amendment. we continue this kind of involvement in strong support of the Salmon-Udall But I think we can do more to pre- as we move into a new energy century amendment to increase funding for re- serve those truly important resources and we explore all the great possibili- newable programs. Renewables are a while ending some of the wasteful ties of clean energy that involves bio- clean energy source and renewables are spending and corporate welfare in so mass, solar, hydrogen, and the like. good for our environment. many of the programs brought before This is something that will be exciting, It is no secret that current sources of this Congress. that will be great for our economy and energy, nuclear and fossil fuel-burning The amendment I am offering today great for our environment. power plants, produce emissions and would shift funding from the Nuclear pollutants. These harmful by-products Mr. Chairman, I yield back the bal- Energy Research Initiative, or NERI, include long-lived radioactive wastes, ance of my time. to renewable energy research, which is greenhouse gases, and the air pollut- Mr. SALMON. Mr. Chairman, I yield truly a clean renewable source of en- ants responsible for acid rain. By in- myself such time as I may consume ergy. creasing our support for renewable en- and would simply like to concur with After pouring more than $47 billion ergy sources to meet our Nation’s elec- the gentleman from Colorado. into the nuclear power industry over tric needs, we can significantly reduce We have a very exciting opportunity the last 50 years, this industry is still our contribution to the release of these right now. We are on the cusp of some attempting to have the taxpayers fund pollutants. things that are very great. We can stay its research and industry improvement Supporting renewable energy is a at the leading edge on technology, or efforts. Included in the fiscal year 2001 powerful and direct way to help protect we can move to the back of the pack. I funding for the Department of Energy, the environment, and it is also a way propose that we are doing the right the nuclear power industry will still to make a long-lasting commitment to thing tonight by moving one step clos- get another $22.5 million in Nuclear our children’s future and to the future er on this commitment toward renew- Energy Research Initiative subsidies. of our planet. It is only responsible, able energy. I think this is wrong, Mr. Chairman. and it is prudent that we support the I thank the gentleman for his tireless The money goes to such corporate gi- technological development of renew- commitment. It has been an honor and ants as Westinghouse and General able energy sources, especially in light a privilege to work with him on this. Electric. Why does this mature indus- of the current oil price crisis we are all Mr. SALMON. Mr. Chairman, I yield try need the help of the American tax- experiencing across this Nation. back the balance of my time. payers to develop and design the next I firmly believe that we already rely The CHAIRMAN. The question is on generation nuclear reactors? too heavily on foreign oil. We must de- the amendment offered by the gen- I would ask my colleagues, are any velop a responsible domestic energy tleman from Arizona (Mr. SALMON). planned in their hometown or commu- policy. We must shift our focus to do- The amendment was agreed to. nity? Probably not. But we are still

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spending money on research. Six of the This program is reinvigorating the KEY lives and the interests of which he sup- nine largest investor-owned utilities by Department of Energy’s nuclear energy posedly represents. revenue were nuclear energy in 1998. R&D based upon competitive and, more The Massachusetts Institute of Technology They made profits of nearly $200 billion importantly, peer-reviewed projects. (MIT) happens to be in Massachusetts. In fact last year. Yet, the American people Even the President’s very own com- it is about one mile from the edge of Mr. MAR- must continue to fund them. mittee of advisors says that PCAST as KEY’s congressional district. The Massachu- Westinghouse and General Electric it is called, recommended in 1997 that setts Institute of Technology has been award- have been in the business for more further nuclear energy research and de- ed eleven NERI grants. These grants are than 40 years, and it is their turn to velopment is absolutely necessary to awarded on a competitive, peer-reviewed, lead and to use their huge profits to ad- maintain the Nation’s energy mix. sound scientific basis by a panel of expert sci- vance their own industry. So it is absolutely amazing to me entists. The American taxpayers have over that someone would want to cut the At the Massachusetts Institute of Tech- the last 50 years put $47 billion, again, modest amount of funding for the nology, fully 20 students and eight professors $47 billion into nuclear subsidies. They NERI program and instead send it to thus receive the very funds that Mr. MARKEY is should not have to subsidize this giant fund solar and renewables. trying to take away and benefit from the very of an industry any longer. Let us take a look at this chart for a program that Mr. MARKEY is destroying. Again, the amendment I am offering little bit. This is 1999. In 1999, 22.78, al- For example, let’s take two students at the today with my colleague, the gen- most 23 percent, more than it was 10 Massachusetts Institute of Technology: Jini tleman from Massachusetts (Mr. MAR- years ago, more than it was 20 years Curran and Martin Busse. These students are KEY), would ensure this money is used ago. And guess what? The very things studying engineering and they have chosen to to support clean renewable energy. We that my colleagues are talking about, study the specific discipline of nuclear engi- would further help this emerging in- such as the renewables, we can hardly neering. Jini and Martin are doing research dustry reinforce their infrastructure find them on here. under the guidance of a particular Professor and keep it a reliable source for the fu- When my colleagues turn the switch Mujid Kazimi. ture. on in their house, where do they think Without the funding that the NERI program It is projected that voting for this the power comes from? It does not provides, Jini and Martin’s NERI research will amendment could save the American come from solar. It does not come from have to be stopped and the future of their people at least $95 million over the biomass or wind. In fact, the gen- education is in doubt. next 5 years. tleman over here said 13 percent of it Professor Kazimi’s research here will cease. I urge my colleagues to adopt this was all wrapped up in renewables. He is Substantial financial resources that now go to common sense initiative. We would counting hydro. Hydro is a part of this. the Massachusetts Institute of Technology will move out of the $22.5 requested in the Hydro is clean. be stopped dead by Mr. MARKEY. MIT’s Nu- But look at this. This is 1999. In 1990, cut, $13 million to wind energy and $6 clear Engineering Department will therefore be it was the same thing, with nuclear million to Electric Energy Systems ac- diminished. down about 2 percent. In 1980, about count, with the remaining $3.5 million When these students Jini and Martin and the same thing. In the 30 years we have to be returned to the Treasury for debt the other eighteen students at MIT are hurt by been funding this renewable program, reduction. Mr. MARKEY, and when Professor Kazimi and I believe this is a good amendment, we have seen very little gain. the other seven professors at MIT are hurt by I am not suggesting we drop it. I am and I urge my colleagues to support it. Mr. MARKEY, and MIT’s Nuclear Engineering suggesting we balance it. Do not take Mr. Chairman, I yield back the bal- Department is diminished in this way by Mr. away funding that is needed. There are ance of my time. MARKEY, then indeed the city of Boston and kids that want to go to school to learn Mr. PACKARD. Mr. Chairman, I yield the state of Massachusetts themselves are how to keep these things going in the 3 minutes to the gentleman from hurt by Mr. MARKEY. new generation of these nuclear plants Michigan (Mr. KNOLLENBERG). Rest assured that if they are not already that is coming on line. Mr. KNOLLENBERG. Mr. Chairman, aware of the damage Mr. MARKEY seeks to do Would my colleagues believe that nu- I thank the gentleman for yielding me here today, I will work to make sure that all of clear plants can operate at a 100 per- the time. the students and the professors and the uni- cent capacity. Do they know that wind Mr. Chairman, I rise in strong opposi- versities all across this great nation will be cannot get above 28? They talk about tion to this amendment. The gen- made fully aware of his actions and the effects 100 percent capacity. Look, the wind tleman from Florida (Mr. FOLEY) and of his actions. does not blow all the time. Do not let the gentleman from Massachusetts Perhaps some of these twenty student and that word fool us. Solar. The sun does ARKEY (Mr. MARKEY) would pull the rug out these eight professors live in Mr. M ’s not shine all the time. congressional district. Thus, perhaps they are from under the Department of Energy’s So they said 100 percent capacity. No important Nuclear Research Initiative, thus his constituents. such thing, my colleagues. It is way For the sake of the Jini and Martin and pro- NERI, as it is called. below 28 percent, down around 20 per- fessor Kazimi and all of the students and pro- This chart behind me represents the cent. So keep that in mind when we are latest data from the Energy Informa- fessors and universities across the nation, Mr. talking about dropping this program. MARKEY and this amendment must be tion Agency. There are 103 operating I admit I, too, like the solar. But let nuclear power plants in this country. stopped. us not kill what works. We have got to A vote for the amendment advocated by Mr. They provide 23 percent of the Nation’s prove this thing works. And it does not MARKEY and Mr. FOLEY is a vote against edu- electricity, more than ever before in yet, the way nuclear does—reject the cation. our history. Think about it, almost one Markey-Foley amendment. Vote no on the Foley/Markey amendment. quarter comes from nuclear. Nuclear is Mr. Chairman, I rise in strong, strong oppo- Mr. Chairman, I rise against the clean and it is green and it is emissions sition to this amendment. amendment. free. Students and teachers and universities are Mr. PACKARD. Mr. Chairman, I yield I implore every Member with a nu- the issue here. 1 minute to the gentleman from Indi- clear-related university or industry in Students are endangered by Mr. FOLEY and ana (Mr. VISCLOSKY), the ranking mem- their district to think about this. Re- Mr. MARKEY. They’re threatening the education ber of the subcommittee. gardless of whether it is a university of real live students. Students, as a part of Mr. VISCLOSKY. Mr. Chairman, I ap- program or nuclear engineering, a na- their education, engage in research. This sci- preciate the gentleman yielding and tional laboratory or one of those 103 entific research enables them to get their de- would add my voice to the gentleman power plants, the NERI program pro- grees. In fact, without this research, these stu- from Michigan (Mr. KNOLLENBERG) in vides vital information to support in- dents don’t get their degrees. opposition to the amendment. novative research in nuclear tech- Let’s take real, live students and professors Mr. Chairman, my first concern is nology. in the state of Massachusetts where Mr. MAR- that we have just had a vote on this

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12595 floor to, essentially, increase funding and engaging the international community will In addition, we will increase wind power re- for renewables by $40 million. And sec- all contribute to enabling the United States to search and development by $13 million to ondly, I do think under the NERI pro- reassert its leadership role in the development bring it closer to the Administration request gram we are doing very important re- of nuclear energy technologies. level. This is a true, clear renewable energy search. We are looking to continue to I am therefore pleased to support NERI and source. With the research the Department of improve efficiency and reliability and oppose the Foley amendment that would Energy is conducting, the industry will ensure to reduce the cost of existing nuclear eliminate this vital program at DOE. wind energy a viable alternative to other forms energy applications. We are looking for Mr. MARKEY. Mr. Chairman, a few sum- of electricity generation. proliferation resistant reactors in mers ago a boondoggle was born: the Nuclear We have decided to make regarding the fu- fuels. We are looking for new reactor Energy Research Initiative—NERI. When I ture of our electricity generating facilities. I en- designs with improved safety, higher think of this program, I can’t help but think courage members to put a stop to subsidies efficiency, and lower costs that would ‘‘There’s something about NERI. Just like the for mature industries. Instead give the new in- be competitive in the global market. movie from which it was inspired, this program dustries a chance to research their potential to And we are looking for new tech- is a bad spoof—it passes itself off as a nec- deliver clean, renewable energy for the future. nologies for nuclear waste management essary research initiative to maintain the via- I urge members to vote yes on the Foley and investigations into fundamental bility of the nuclear power industry. But it is Amendment. nuclear science. really nothing more than the same subsidy for Mrs. BIGGERT. Mr. Chairman, I rise today I do oppose the amendment put forth the nuclear power industry that Congress cut in strong opposition to the Foley/Markey and would encourage my colleagues to in 1998. amendment to eliminate the Nuclear Energy vote against it. It is amazing that such a mature, estab- Research Initiative, or NERI. Mr. PACKARD. Mr. Chairman, I yield lished industry still has a subsidy from the fed- I support both renewable energy research myself the balance of our time. eral government. In the last few years, the nu- programs and nuclear energy research pro- Mr. Chairman, I simply have to op- clear power industry has been a $140 billion grams, but the numbers speak for themselves. This bill already provides $350 million for pose this amendment because it totally dollar a year industry. In fact, the Nuclear En- solar and renewable energy programs com- eliminates the Nuclear Energy Re- ergy Institute (NEI), the industry trade group pared to $40 million for nuclear energy re- search Initiative, which I think would for the revenue were nuclear utilities. That search and development. be a terrible mistake. This has been an hardly sounds like a fledgling industry in need With passage of the Salmon amendment initiative very modestly funded while of government subsidy. earlier this evening, funding for solar and re- essential to keep nuclear energy safe But that is exactly what the industry would newable research programs has increased to and to continue nuclear energy as a have you think. They will tell you we need this almost $400 million. viable part of our energy resources. money to conduct research into new reactor Funding for solar and renewable energy re- It is clean. It is proven to be safe. It designs. The problem is this research helps search now dwarfs funding for nuclear energy is 20 percent of our Nation’s elec- the industry improve the economic perform- research. In this situation, it makes no sense tricity. And to eliminate the entire ance of existing facilities. I don’t think an in- to eliminate what little funding exists for re- NERI project I think would be abso- dustry that already produces 20% of the na- search aimed at an energy source that pro- lutely unconscionable. tion’s electricity needs any more help from the vides 20 percent of the nation’s electricity. In We have beefed up, as has already federal government to improve the perform- my home state of Illinois, that percentage is been said just in the previous amend- ance of its facilities. The industry has the re- even higher. ment tonight, $40 million additional to sources and expertise to deal with those Again, the numbers speak for themselves. renewable energy resources. And we issues on its own. In FY 1999, 91 percent of NERI’s funding think that that is even beyond what is Before you think this is important academic went to independent, peer-reviewed research necessary, but certainly we are willing research let me remind you that NERI award- projects at America’s research universities and to do that. But to add $19 million more ed grants to Westinghouse and General Elec- national laboratories, including Argonne Na- to that I think would not be appro- tric to develop new advanced reactor designs. tional Laboratory, a Department of Energy priate. These are companies that have been design- multi-program laboratory located in the district And so, I urge all Members to vote ing and building equipment for the nuclear in- I represent. Only 9 percent went to private against the amendment to cut nuclear dustry for over 40 years. They should know by sector entities. R&D. now how to develop new generations of reac- I would encourage my colleagues to remem- Mr. BARTON of Texas. Mr. Chairman, the tors. More importantly, they have the re- ber that we are talking about a source of en- NERI R&D program at DOE is an innovative sources to carry out that research. ergy that does not produce harmful air emis- program to spur new thinking at DOE labs, the Mr. Chairman, this industry has received sions. Again, the number speak for them- nation’s universities and in industry. The NERI $47 billion dollars in subsidy over the last fifty selves. At least 165 million metric tons of car- program represents a revitalization of the De- years. That’s close to $1 billion dollars a year! bon are not emitted each year because of this partment’s nuclear energy research program. Imagine what wind, solar or other clean re- country’s operating nuclear power plants. Begun two years ago, these awards also newable energy projects could do in fifty years Mr. Chairman, as electricity demand grows, represent excellence. Out of 120 proposals re- if they received subsidies of $1 billion per we cannot ignore a viable and significant ceived by DOE, only 10 were selected, includ- year. source of electricity like nuclear energy, espe- ing one from Texas A&M University. The time to be subsidizing this industry is cially one that does not dirty the air. I support Through NERI, the Department has ushered over. The nuclear energy film is on the last nuclear energy research and development, in a new management approach to long-term reel and it is time to begin making room for and would urge my colleagues to oppose the nuclear energy research that applies the com- the digital age of electricity generation—mul- Foley/Markey amendment. petitive, peer-reviewed selection of investi- tiple, reliable, clean renewable energy gener- Mr. HOEFFEL. Mr. Chairman, I rise in sup- gator-initiated R&D proposals. ating sources integrated into a seamless port of the Foley-Markey amendment with Through NERI, the Department has initiated transmission network. transfers funds from nuclear energy research an R&D effort focused on resolving barriers to So with the funds available from NERI, we to renewable energy programs. the future expansion of nuclear energy—in- will take $6 million form the NERI program As a follow-up to the Budget Committee’s cluding proliferation, economics and nuclear and put it into research into the reliability of hearing on my legislation, the Corporate Wel- waste. the electricity transmission system. Brownouts fare Reform Commission Act, I continue to Through NERI, we are maintaining our seat and blackouts are looming this summer. This support efforts to root out corporate welfare. at the table of the international discussion on research will help keep the lights on and the While my legislation is a comprehensive ap- the future of nuclear energy. This is critical if air conditioners running. In addition, the re- proach to get at all corporate welfare in the we are to participate in discussions on clean search will examine how to ensure that the federal budget and tax code, I have been air, climate change and energy security. clean, renewable distributed generating facili- looking closely at programs funded through Advancing the state of nuclear science and ties can be integrated into the transmission in- the appropriations bills that provide unneces- technology, resolving key technology issues, frastructure. sary and wasteful subsidies to industry.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00082 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.002 H27JN0 12596 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Over the past fifty years, the nuclear power as amended, including the acquisition of real AMENDMENT OFFERED BY MR. NEY industry has received $47 billion in subsidies property or facility construction or expan- Mr. NEY. Mr. Chairman, I offer an from the American taxpayers. The nuclear sion, $213,000,000, to remain available until amendment. power industry is now a mature industry with expended and to be derived from the Nuclear The CHAIRMAN. The Clerk will des- Waste Fund: Provided, That not to exceed ignate the amendment. over $140 billion in revenues last year alone. $2,500,000 may be provided to the State of Ne- Funding under the Nuclear Energy Research vada solely for expenditures, other than sala- The text of the amendment is as fol- Initiative (NERI) is funneled to some of the ries and expenses of State employees, to con- lows: largest corporations in the country. These very duct scientific oversight responsibilities pur- Amendment offered by Mr. NEY: successful companies can stand to do without suant to the Nuclear Waste Policy Act of Page 20, line 8, after the dollar amount in- the support of the American taxpayer. 1982, Public Law 97–425, as amended: Provided sert ‘‘(reduced by $3,000,000)’’. This amendment also has the benefit of further, That not to exceed $5,887,000 may be Page 2D, line 25, after the dollar amount provided to affected units of local govern- insert ‘‘(reduced by $3,000,000).’’ transferring this money to a more deserving Page 33, line 13, after the dollar amount in- cause which is in the early stages of develop- ments, as defined in Public Law 97–425, to conduct appropriate activities pursuant to sert ‘‘(increased by $3,000,000)’’. ment and which provides a truly clean source the Act: Provided further, That the distribu- The CHAIRMAN. Pursuant to the of energy: wind power research. Some of the tion of the funds as determined by the units order of the House today, the gen- funds transferred under this amendment would of local government shall be approved by the tleman from Ohio (Mr. NEY) and a also go to research on other renewable, clean- Department of Energy: Provided further, That Member opposed each will control 5 er forms of energy. the funds for the State of Nevada shall be I urge the House to support the amendment made available solely to the Nevada Division minutes. The gentleman from Ohio (Mr. NEY) by Mr. FOLEY and Mr. MARKEY. of Emergency Management by direct pay- Mr. PACKARD. Mr. Chairman, I yield ment and units of local government by direct is recognized for 5 minutes. back the balance of my time. payment: Provided further, That within 90 Mr. NEY. Mr. Chairman, today I The CHAIRMAN. The question is on days of the completion of each Federal fiscal wanted to offer an amendment that the amendment offered by the gen- year, the Nevada Division of Emergency would increase funding for the Appa- Management and the Governor of the State tleman from Florida (Mr. FOLEY). lachian Regional Commission. How- of Nevada and each local entity shall provide ever, it is my intention to withdraw The question was taken; and the certification to the Department of Energy Chairman announced that the noes ap- that all funds expended from such payments my amendment and ask the distin- peared to have it. have been expended for activities authorized guished chairman the gentleman from Mr. FOLEY. Mr. Chairman, I demand by Public Law 97–425 and this Act. Failure to California (Mr. PACKARD) if he would a recorded vote. provide such certification shall cause such instead enter into a colloquy with me The CHAIRMAN. Pursuant to House entity to be prohibited from any further in regard to this matter. Resolution 532, further proceedings on funding provided for similar activities: Pro- Mr. Chairman, I say to the gen- the amendment offered by the gen- vided further, That none of the funds herein tleman from California (Mr. PACKARD) tleman from Florida (Mr. FOLEY) will appropriated may be: (1) used directly or in- that I have offered my amendment be postponed. directly to influence legislative action on today and have withdrawn it in order any matter pending before Congress or a The CHAIRMAN. The Clerk will read. to bring attention to the funding level The Clerk read, as follows: State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litiga- contained in the Energy and Water ap- NON-DEFENSE ENVIRONMENTAL MANAGEMENT tion expenses; or (3) used to support multi- propriations bill for the Appalachian For Department of Energy expenses, in- state efforts or other coalition building ac- Regional Commission. cluding the purchase, construction and ac- tivities inconsistent with the restrictions I assure the gentleman it is with my quisition of plant and capital equipment and contained in this Act: Provided further, That utmost respect to the chairman and other expenses necessary for non-defense en- all proceeds and recoveries by the Secretary vironmental management activities in car- members of the subcommittee and full in carrying out activities authorized by the committee that I bring this matter to rying out the purposes of the Department of Nuclear Waste Policy Act of 1982 in Public Energy Organization Act (42 U.S.C. 7101 et Law 97–425, as amended, including but not the attention of the House because I seq.), including the acquisition or condemna- limited to, any proceeds from the sale of as- am fully aware of the constraints tion of any real property or any facility or sets, shall be available without further ap- placed on them with regard to the for plant or facility acquisition, construction propriation and shall remain available until 302(b) allocation made to it. or expansion, $281,001,000, to remain avail- expended. I commend the chairman and ranking able until expended. DEPARTMENTAL ADMINISTRATION member on the fine job they have done URANIUM FACILITIES MAINTENANCE AND For salaries and expenses of the Depart- on this bill, considering the funding REMEDIATION ment of Energy necessary for departmental levels with which they have had to (INCLUDING TRANSFER OF FUNDS) administration in carrying out the purposes work. For necessary expenses to maintain, decon- of the Department of Energy Organization Unfortunately, because of the fund- taminate, decommission, and otherwise re- Act (42 U.S.C. 7101 et seq.), including the hire mediate uranium processing facilities, ing restraints placed on the sub- of passenger motor vehicles and official re- committee, the Appalachian Regional $301,400,000, of which $260,000,000 shall be de- ception and representation expenses (not to rived from the Uranium Enrichment Decon- exceed $35,000), $153,527,000, to remain avail- Commission is being funded at a level tamination and Decommissioning Fund and able until expended, plus such additional that is $3.149 million less than the ap- of which $12,000,000 shall be derived by trans- amounts as necessary to cover increases in propriation in fiscal year 2000. That fer from the United States Enrichment Cor- the estimated amount of cost of work for funding is also nearly $8.4 million less poration Fund, all of which shall remain others notwithstanding the provisions of the available until expended. than was requested in the President’s Anti-Deficiency Act (31 U.S.C. 1511 et seq.): budget. SCIENCE Provided, That such increases in cost of work As Members of Congress and as a For Department of Energy expenses includ- are offset by revenue increases of the same Member of Congress that represents ing the purchase, construction and acquisi- or greater amount, to remain available until tion of plant and capital equipment, and expended: Provided further, That moneys re- counties that have some of the highest other expenses necessary for science activi- ceived by the Department for miscellaneous unemployment rates in the State and ties in carrying out the purposes of the De- revenues estimated to total $111,000,000 in are indicative of conditions within Ap- partment of Energy Organization Act (42 fiscal year 2001 may be retained and used for palachia, I believe it is important to U.S.C. 7101 et seq.), including the acquisition operating expenses within this account, and properly and adequately fund the ARC or condemnation of any real property or fa- may remain available until expended, as au- so that these depressed counties can cility or for plant or facility acquisition, thorized by section 201 of Public Law 95–238, construction, or expansion, and purchase of take advantage of the economic devel- notwithstanding the provisions of 31 U.S.C. opment opportunities that ARC pro- not to exceed 58 passenger motor vehicles for 3302: Provided further, That the sum herein replacement only, $2,830,915,000, to remain appropriated shall be reduced by the amount vides. available until expended. of miscellaneous revenues received during It is my understanding that the NUCLEAR WASTE DISPOSAL fiscal year 2001 so as to result in a final fiscal chairman, along with other members of For nuclear waste disposal activities to year 2001 appropriation from the General the subcommittee, including the dis- carry out the purposes of Public Law 97–425, Fund estimated at not more than $42,527,000. tinguished gentleman from Kentucky

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12597

(Mr. ROGERS) who is also well aware of cent gasoline price levels’’ after ‘‘until ex- ATOMIC ENERGY DEFENSE ACTIVITIES the needs of Appalachia residents, pended’’. NATIONAL NUCLEAR SECURITY would consider increased funding for The CHAIRMAN. Pursuant to the ADMINISTRATION ARC should the subcommittee’s 302(b) order of the House today, the gen- WEAPONS ACTIVITIES allocation be increased. tleman from Georgia (Mr. KINGSTON) For Department of Energy expenses, in- I ask the gentleman, am I correct in and a Member opposed each will con- cluding the purchase, construction and ac- assuming that? trol 5 minutes. quisition of plant and capital equipment and other incidental expenses necessary for Mr. PACKARD. Mr. Chairman, will The Chair recognizes the gentleman atomic energy defense weapons activities in the gentleman yield? from Georgia (Mr. KINGSTON). carrying out the purposes of the Department Mr. NEY. I yield to the gentleman Mr. KINGSTON. Mr. Chairman, I of Energy Organization Act (42 U.S.C. 7101 et from California. yield myself such time as I may con- seq.), including the acquisition or condemna- Mr. PACKARD. Mr. Chairman, yes, sume. tion of any real property or any facility or the gentleman from Ohio (Mr. NEY) is Mr. Chairman, I do not know if there for plant or facility acquisition, construc- correct in assuming this. Should the is anybody opposed to this or not. I tion, or expansion; and the purchase of pas- committee receive a revised 302(b) allo- senger motor vehicles (not to exceed 12 for hope this is a constructive amendment. replacement only), $4,625,684,000, to remain cation which increases our funding All it simply asks is that the Office of available until October 1, 2003. level, then our effort will be to con- Inspector General give us a study of DEFENSE NUCLEAR NONPROLIFERATION sider increasing funding for the ARC to the economic basis of the recent gaso- For Department of Energy expenses nec- at least the fiscal year 2000 funding line price increases, and this is just be- essary for atomic energy defense and defense level. cause we are not exactly sure what all nuclear nonproliferation activities to carry Mr. NEY. Mr. Chairman, I thank the caused the increases from the $1.20 out the Department of Energy Organization gentleman for his comments. range as high as the $2.80 per-gallon Act (42 U.S.C. 7101 et seq.), including acquisi- It is also my understanding that the range. And that is all we are trying to tion (by purchase, condemnation, construc- other body intends on appropriating a tion, or otherwise) of real property, plant do, not fingerpoint. and capital equipment, facilities, and facil- level for ARC which is higher than the Mr. PACKARD. Mr. Chairman, will ity expansion, $861,477,000, to remain avail- level proposed in this bill. As a result, the gentleman yield? able until October 1, 2003: Provided, That not I would like to inquire further of the Mr. KINGSTON. I yield to the gen- to exceed $7,000 may be used for official re- chairman if it would be his intention tleman from California. ception and representation expenses for na- during conference negotiations that he Mr. PACKARD. Mr. Chairman, we are tional security and nonproliferation (includ- could support an agreement to increase prepared to accept the amendment. We ing transparency) activities in fiscal year 2001. this funding for ARC at least to the fis- think it is a very good amendment. cal year 2000 levels even if an increase Mr. VISCLOSKY. Mr. Chairman, will NAVAL REACTORS in the 302(b) allocation is not made? the gentleman yield? For Department of Energy expenses nec- Mr. PACKARD. Mr. Chairman, if the essary for naval reactors activities to carry Mr. KINGSTON. I yield to the gen- out the Department of Energy Organization gentleman will continue to yield, yes, tleman from Indiana. Act (42 U.S.C. 7101 et seq.), including the ac- in response to his question, I am pre- Mr. VISCLOSKY. Mr. Chairman, I ap- quisition (by purchase, condemnation, con- pared to work with the other body dur- preciate the gentleman from Georgia struction, or otherwise) of real property, ing the conferencing of the bill to ne- (Mr. KINGSTON) yielding. plant, and capital equipment, facilities, and gotiate funds to fund for the ARC at a Mr. Chairman, as I mentioned in my facility expansion, $677,600,000, to remain minimum of the fiscal year 2000 level. earlier remarks, I am not opposed to available until expended. Mr. NEY. Mr. Chairman, I thank the the gentleman’s amendment but would OTHER DEFENSE RELATED ACTIVITIES distinguished chairman for entering simply point out that we are now ap- DEFENSE ENVIRONMENTAL RESTORATION AND into this colloquy. I appreciate all of plying an additional responsibility to WASTE MANAGEMENT his hard work on this bill and for tak- the Inspector General’s office and not For Department of Energy expenses, in- ing the time to speak with me on a cluding the purchase, construction and ac- providing any additional funds; and the quisition of plant and capital equipment and matter that affects really millions of fact is the funding for the Inspector other expenses necessary for atomic energy people in Appalachia. General in this bill is $1.5 million less defense environmental restoration and waste I look forward to seeing this bill ad- than the administration request. management activities in carrying out the vance as the process moves along and The final observation I would make purposes of the Department of Energy Orga- offer any assistance that I can. is obviously we are dealing with the nization Act (42 U.S.C. 7101 et seq.), includ- Mr. Chairman, I ask unanimous con- Department of Energy. The gentleman ing the acquisition or condemnation of any sent to withdraw my amendment. is very concerned, as we all are, about real property or any facility or for plant or The CHAIRMAN. Is there objection facility acquisition, construction, or expan- the high price of gasoline; but I do not sion; and the purchase of 30 passenger motor to the request of the gentleman from know whether the expertise to do the vehicles for replacement only, $4,522,707,000, Ohio? best job possible in the Department of to remain available until expended: Provided, There was no objection. Energy resides with the Inspector Gen- That any amounts appropriated under this b 2015 eral. heading that are used to provide economic assistance under section 15 of the Waste Iso- The CHAIRMAN. The Clerk will read. Mr. KINGSTON. Mr. Chairman, let me say this, that we will be happy to lation Pilot Plant Land Withdrawal Act, The Clerk read as follows: Public Law 102–579, shall be utilized to the work with this committee as the proc- OFFICE OF THE INSPECTOR GENERAL extent necessary to reimburse costs of finan- ess continues to make sure that there For necessary expenses of the Office of the cial assurances required of a contractor by Inspector General in carrying out the provi- are enough funds to do this, because we any permit or license of the Waste Isolation sions of the Inspector General Act of 1978, as think that it is important. I know the Pilot Plant issued by the State of New Mex- amended, $31,500,000, to remain available gentleman has been a leader in this ico. until expended. also. So we will be glad to work with DEFENSE FACILITIES CLOSURE PROJECTS AMENDMENT NO. 8 OFFERED BY MR. KINGSTON him. For expenses of the Department of Energy Mr. KINGSTON. Mr. Chairman, I We do have another amendment that to accelerate the closure of defense environ- affects the Secretary of Energy in a mental management sites, including the pur- offer an amendment. chase, construction and acquisition of plant The CHAIRMAN. The Clerk will des- similar way. and capital equipment and other necessary ignate the amendment. The CHAIRMAN. The question is on expenses, $1,082,297,000, to remain available The text of the amendment is as fol- the amendment offered by the gen- until expended. lows: tleman from Georgia (Mr. KINGSTON). DEFENSE ENVIRONMENTAL MANAGEMENT Amendment No. 8 offered by Mr. KINGSTON: The amendment was agreed to. PRIVATIZATION Page 21, line 5 insert ‘‘, including con- The CHAIRMAN. The Clerk will read. For Department of Energy expenses for ducting a study of the economic basis of re- The Clerk read as follows: privatization projects necessary for atomic

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12598 CONGRESSIONAL RECORD—HOUSE June 27, 2000 energy defense environmental management wheeling expenses shall be credited to this The CHAIRMAN. Is there objection activities authorized by the Department of account as offsetting collections, to remain to the request of the gentleman from Energy Organization Act (42 U.S.C. 7101 et available until expended for the sole purpose California? seq.), $259,000,000, to remain available until of making purchase power and wheeling ex- There was no objection. expended. penditures as follows: for fiscal year 2001, up to $288,000; for fiscal year 2002, up to $288,000; The CHAIRMAN. Are there amend- OTHER DEFENSE ACTIVITIES ments at this point? For Department of Energy expenses, in- for fiscal year 2003, up to $288,000; and for fis- cal year 2004, up to $288,000. The Clerk will read. cluding the purchase, construction and ac- The Clerk read as follows: quisition of plant and capital equipment and CONSTRUCTION, REHABILITATION, OPERATION other expenses necessary for atomic energy AND MAINTENANCE, WESTERN AREA POWER GENERAL PROVISIONS defense, other defense activities, in carrying ADMINISTRATION DEPARTMENT OF ENERGY out the purposes of the Department of En- For carrying out the functions authorized SEC. 301. (a) None of the funds appropriated ergy Organization Act (42 U.S.C. 7101 et seq.), by title III, section 302(a)(1)(E) of the Act of by this Act may be used to award a manage- including the acquisition or condemnation of August 4, 1977 (42 U.S.C. 7152), and other re- ment and operating contract unless such any real property or any facility or for plant lated activities including conservation and contract is awarded using competitive proce- or facility acquisition, construction, or ex- renewable resources programs as authorized, dures or the Secretary of Energy grants, on pansion, $592,235,000, to remain available including official reception and representa- a case-by-case basis, a waiver to allow for until expended. tion expenses in an amount not to exceed such a deviation. The Secretary may not del- DEFENSE NUCLEAR WASTE DISPOSAL $1,500, $160,930,000, to remain available until egate the authority to grant such a waiver. For nuclear waste disposal activities to expended, of which $154,616,000 shall be de- (b) At least 60 days before a contract carry out the purposes of Public Law 97–425, rived from the Department of the Interior award, amendment, or modification for as amended, including the acquisition of real Reclamation Fund: Provided, That of the which the Secretary intends to grant such a property or facility construction or expan- amount herein appropriated, $4,036,000 is for waiver, the Secretary shall submit to the sion, $200,000,000, to remain available until deposit into the Utah Reclamation Mitiga- Subcommittees on Energy and Water Devel- expended. tion and Conservation Account pursuant to opment of the Committees on Appropriations POWER MARKETING ADMINISTRATIONS title IV of the Reclamation Projects Author- of the House of Representatives and the Sen- ization and Adjustment Act of 1992: Provided ate a report notifying the subcommittees of BONNEVILLE POWER ADMINISTRATION FUND further, That amounts collected by the West- the waiver and setting forth the reasons for Expenditures from the Bonneville Power ern Area Power Administration pursuant to the waiver. Administration Fund, established pursuant the Flood Control Act of 1944 and the Rec- SEC. 302. (a) None of the funds appropriated to Public Law 93–454, are approved for the lamation Project Act of 1939 to recover pur- by this Act may be used to award, amend, or Nez Perce Tribe Resident Fish Substitution chase power and wheeling expenses shall be modify a contract in a manner that deviates Program, the Cour D’Alene Tribe Trout Pro- credited to this account as offsetting collec- from the Federal Acquisition Regulation, un- duction facility, and for official reception tions, to remain available until expended for less the Secretary of Energy grants, on a and representation expenses in an amount the sole purpose of making purchase power case-by-case basis, a waiver to allow for such not to exceed $1,500. and wheeling expenditures as follows: for fis- a deviation. The Secretary may not delegate During fiscal year 2001, no new direct loan cal year 2001, up to $35,500,000; for fiscal year the authority to grant such a waiver. obligations may be made. 2002, up to $33,500,000; for fiscal year 2003, up (b) At least 60 days before a contract OPERATION AND MAINTENANCE, SOUTHEASTERN to $30,000,000; and for fiscal year 2004, up to award, amendment, or modification for POWER ADMINISTRATION $20,000,000. which the Secretary intends to grant such a For necessary expenses of operation and FALCON AND AMISTAD OPERATING AND waiver, the Secretary shall submit to the maintenance of power transmission facilities MAINTENANCE FUND Subcommittees on Energy and Water Devel- and of marketing electric power and energy, opment of the Committees on Appropriations For operation, maintenance, and emer- including transmission wheeling and ancil- of the House of Representatives and the Sen- gency costs for the hydroelectric facilities at lary services, pursuant to the provisions of ate a report notifying the subcommittees of the Falcon and Amistad Dams, $2,670,000, to section 5 of the Flood Control Act of 1944 (16 the waiver and setting forth the reasons for remain available until expended, and to be U.S.C. 825s), as applied to the southeastern the waiver. derived from the Falcon and Amistad Oper- power area, $3,900,000, to remain available SEC. 303. None of the funds appropriated by ating and Maintenance Fund of the Western until expended; in addition, notwithstanding this Act may be used to— Area Power Administration, as provided in the provisions of 31 U.S.C. 3302, amounts col- (1) develop or implement a workforce re- section 423 of the Foreign Relations Author- lected by the Southeastern Power Adminis- structuring plan that covers employees of ization Act, Fiscal Years 1994 and 1995. tration pursuant to the Flood Control Act to the Department of Energy; or recover purchase power and wheeling ex- FEDERAL ENERGY REGULATORY COMMISSION (2) provide enhanced severance payments penses shall be credited to this account as SALARIES AND EXPENSES or other benefits for employees of the De- offsetting collections, to remain available For necessary expenses of the Federal En- partment of Energy, until expended for the sole purpose of mak- ergy Regulatory Commission to carry out under section 3161 of the National Defense ing purchase power and wheeling expendi- the provisions of the Department of Energy Authorization Act for Fiscal Year 1993 (Pub- tures as follows: for fiscal year 2001, up to Organization Act (42 U.S.C. 7101 et seq.), in- lic Law 102–484; 106 Stat. 2644; 42 U.S.C. $34,463,000; for fiscal year 2002, up to cluding services as authorized by 5 U.S.C. 7274h). EC. 304. None of the funds appropriated by $26,463,000; for fiscal year 2003, up to 3109, the hire of passenger motor vehicles, S this Act may be used to augment the $20,000,000; and for fiscal year 2004, up to and official reception and representation ex- $24,500,000 made available for obligation by $15,000,000. penses (not to exceed $3,000), $175,200,000, to this Act for severance payments and other OPERATION AND MAINTENANCE, remain available until expended: Provided, benefits and community assistance grants SOUTHWESTERN POWER ADMINISTRATION That notwithstanding any other provision of under section 3161 of the National Defense For necessary expenses of operation and law, not to exceed $175,200,000 of revenues Authorization Act for Fiscal Year 1993 (Pub- maintenance of power transmission facilities from fees and annual charges, and other lic Law 102–484; 106 Stat. 2644; 42 U.S.C. and of marketing electric power and energy, services and collections in fiscal year 2001 7274h). and for construction and acquisition of shall be retained and used for necessary ex- SEC. 305. None of the funds appropriated by transmission lines, substations and appur- penses in this account, and shall remain this Act may be used to prepare or initiate tenant facilities, and for administrative ex- available until expended: Provided further, Requests For Proposals (RFPs) for a pro- penses, including official reception and rep- That the sum herein appropriated from the gram if the program has not been funded by resentation expenses in an amount not to ex- General Fund shall be reduced as revenues Congress. ceed $1,500 in carrying out the provisions of are received during fiscal year 2001 so as to section 5 of the Flood Control Act of 1944 (16 result in a final fiscal year 2001 appropria- (TRANSFERS OF UNEXPENDED BALANCES) U.S.C. 825s), as applied to the southwestern tion from the General Fund estimated at not SEC. 306. The unexpended balances of prior power area, $28,100,000, to remain available more than $0. appropriations provided for activities in this until expended; in addition, notwithstanding Mr. PACKARD (during the reading). Act may be transferred to appropriation ac- the provisions of 31 U.S.C. 3302, not to exceed Mr. Chairman, I ask unanimous con- counts for such activities established pursu- $4,200,000 in reimbursements, to remain ant to this title. Balances so transferred may available until expended: Provided, That sent that the bill through page 29 line be merged with funds in the applicable estab- amounts collected by the Southwestern 5 be considered as read, printed in the lished accounts and thereafter may be ac- Power Administration pursuant to the Flood RECORD and open to amendment at any counted for as one fund for the same time pe- Control Act to recover purchase power and point. riod as originally enacted.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12599 SEC. 307. Of the funds in this Act provided agency; and this just asks for a report Reorganization Act of 1974, as amended, and to government-owned, contractor-operated within 30 days and what activities the the Atomic Energy Act of 1954, as amended, laboratories, not to exceed 4 percent shall be executive branch is doing to address including official representation expenses available to be used for Laboratory Directed the high gasoline prices. (not to exceed $15,000), $481,900,000, to remain Research and Development. I know, having served on the Sub- available until expended: Provided, That of SEC. 308. (a) Of the funds appropriated by the amount appropriated herein, $21,600,000 this title to the Department of Energy, not committee on the Interior of the Com- shall be derived from the Nuclear Waste more than $150,000,000 shall be available for mittee on Appropriations and having Fund: Provided further, That revenues from reimbursement of management and oper- had the Secretary of Energy come be- licensing fees, inspection services, and other ating contractor travel expenses. fore our committee, they have been services and collections estimated at (b) Funds appropriated by this title to the working on this. So I hope this is not $457,100,000 in fiscal year 2001 shall be re- Department of Energy may be used to reim- anything new. It should not be expen- tained and used for necessary salaries and burse a Department of Energy management sive for them just to give us the report expenses in this account, notwithstanding 31 and operating contractor for travel costs of of what they have been up to. U.S.C. 3302, and shall remain available until its employees under the contract only to the expended: Provided further, That $3,200,000 of extent that the contractor applies to its em- Mr. PACKARD. Mr. Chairman, will the funds herein appropriated for regulatory ployees the same rates and amounts as those the gentleman yield? reviews and assistance to other Federal that apply to Federal employees under sub- Mr. KINGSTON. I yield to the gen- agencies and States shall be excluded from chapter I of chapter 57 of title 5, United tleman from California. license fee revenues, notwithstanding 42 States Code, or rates and amounts estab- Mr. PACKARD. Mr. Chairman, we are U.S.C. 2214: Provided further, That the sum lished by the Secretary of Energy. The Sec- prepared to accept the amendment. herein appropriated shall be reduced by the retary of Energy may provide exceptions to Mr. VISCLOSKY. Mr. Chairman, will amount of revenues received during fiscal the reimbursement requirements of this sec- the gentleman yield? year 2001 so as to result in a final fiscal year tion as the Secretary considers appropriate. Mr. KINGSTON. I yield to the gen- 2001 appropriation estimated at not more SEC. 309. No funds are provided in this Act tleman from Indiana. than $24,800,000. or any other Act for the Administrator of Mr. VISCLOSKY. Mr. Chairman, as OFFICE OF INSPECTOR GENERAL the Bonneville Power Administration to with the gentleman’s earlier amend- For necessary expenses of the Office of In- enter into any agreement to perform energy spector General in carrying out the provi- efficiency services outside the legally de- ment, I am not going to rise in opposi- tion to it but would again point out an sions of the Inspector General Act of 1978, as fined Bonneville service territory, with the amended, $5,500,000, to remain available until exception of services provided internation- additional burden has now been placed expended: Provided, That revenues from li- ally, including services provided on a reim- on the Department of Energy with no censing fees, inspection services, and other bursable basis, unless the Administrator cer- additional funding for it, and just want services and collections estimated at tifies that such services are not available to state that for the membership. $5,500,000 in fiscal year 2001 shall be retained from private sector businesses. Mr. KINGSTON. Mr. Chairman, I do and be available until expended, for nec- SEC. 310. None of the funds appropriated in think that this probably is going to be essary salaries and expenses in this account this or any previous Energy and Water De- notwithstanding 31 U.S.C. 3302: Provided fur- velopment Appropriation Act for payment a lot easier for the Secretary of Energy than the other one was for the Inspec- ther, That the sum herein appropriated shall into the Department of Energy Working Cap- be reduced by the amount of revenues re- ital Fund may be used to pay salaries and ex- tor General. We will work with the ceived during fiscal year 2001 so as to result penses of any employee of the United States committee, obviously, and follow their in a final fiscal year 2001 appropriation esti- Government. wisdom on it; but we just want to make mated at not more than $0. AMENDMENT NO. 9 OFFERED BY MR. KINGSTON sure that we in government on the leg- NUCLEAR WASTE TECHNICAL REVIEW Mr. KINGSTON. Mr. Chairman, I islative branch, on the executive BOARD offer an amendment. branch, we are doing everything we can SALARIES AND EXPENSES The CHAIRMAN. The Clerk will des- to address this situation. For necessary expenses of the Nuclear ignate the amendment. Mr. Chairman, I yield back the bal- Waste Technical Review Board, as author- The text of the amendment is as fol- ance of my time. ized by Public Law 100–203, section 5051, lows: The CHAIRMAN. The question is on $2,700,000, to be derived from the Nuclear Amendment No. 9 offered by Mr. KINGSTON: the amendment offered by the gen- Waste Fund, and to remain available until Page 33, after line 2, insert the following tleman from Georgia (Mr. KINGSTON). expended. new section: The amendment was agreed to. TITLE V—RESCISSIONS SEC. 311. Not later than 30 days after the The CHAIRMAN. The Clerk will read. DEPARTMENT OF ENERGY date of the enactment of this Act, the Sec- The Clerk read as follows: INTERIM STORAGE ACTIVITIES retary of Energy shall transmit to the Con- TITLE IV (INCLUDING TRANSFER OF FUNDS) gress a report on activities of the executive INDEPENDENT AGENCIES (RESCISSION) branch to address high gasoline prices and to develop an overall national energy strategy. APPALACHIAN REGIONAL COMMISSION Of the funds appropriated in Public Law 104–46 for interim storage of nuclear waste, The CHAIRMAN. Pursuant to the For expenses necessary to carry out the programs authorized by the Appalachian Re- $85,000,000 are transferred to this heading: order of the House today, the gen- gional Development Act of 1965, as amended, Provided, That such amount is hereby re- tleman from Georgia (Mr. KINGSTON) for necessary expenses for the Federal Co- scinded. and a Member opposed each will con- Chairman and the alternate on the Appa- TITLE VI—GENERAL PROVISIONS trol 5 minutes. lachian Regional Commission, for payment SEC. 601. None of the funds appropriated by The Chair recognizes the gentleman of the Federal share of the administrative this Act may be used in any way, directly or from Georgia (Mr. KINGSTON). expenses of the Commission, including serv- indirectly, to influence congressional action Mr. KINGSTON. Mr. Chairman, I ices as authorized by 5 U.S.C. 3109, and hire on any legislation or appropriation matters yield myself such time as I may con- of passenger motor vehicles, $63,000,000, to pending before Congress, other than to com- remain available until expended. sume. municate to Members of Congress as de- Mr. Chairman, this is somewhat simi- DEFENSE NUCLEAR FACILITIES SAFETY scribed in section 1913 of title 18, United BOARD States Code. lar to the last amendment which asks SALARIES AND EXPENSES SEC. 602. (a) PURCHASE OF AMERICAN-MADE the Inspector General’s office to come EQUIPMENT AND PRODUCTS.—It is the sense of up with a report on what the economic For necessary expenses of the Defense Nu- clear Facilities Safety Board in carrying out the Congress that, to the greatest extent basis for the gas price increase so rap- activities authorized by the Atomic Energy practicable, all equipment and products pur- idly was and/or has been, and this is Act of 1954, as amended by Public Law 100– chased with funds made available in this Act similar to that in that it asks the Sec- 456, section 1441, $17,000,000, to remain avail- should be American-made. (b) NOTICE REQUIREMENT.—In providing fi- retary of Energy to transmit to the able until expended. nancial assistance to, or entering into any Congress a report on the activities of NUCLEAR REGULATORY COMMISSION contract with, any entity using funds made the executive branch and, of course, SALARIES AND EXPENSES available in this Act, the head of each Fed- the agency, the Department of Energy, For necessary expenses of the Commission eral agency, to the greatest extent prac- does serve at the will, it is an executive in carrying out the purposes of the Energy ticable, shall provide to such entity a notice

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.002 H27JN0 12600 CONGRESSIONAL RECORD—HOUSE June 27, 2000 describing the statement made in subsection The CHAIRMAN. Pursuant to the This amendment shall not go beyond rec- (a) by the Congress. order of the House today, the gen- ognition of the original and enduring meaning (c) PROHIBITION OF CONTRACTS WITH PER- tleman from Indiana (Mr. VISCLOSKY) of the law that has existed for years now— SONS FALSELY LABELING PRODUCTS AS MADE and a Member opposed each will con- specifically that no funds be spent on unau- IN AMERICA.—If it has been finally deter- mined by a court or Federal agency that any trol 5 minutes. thorized activities for the fatally flawed and un- person intentionally affixed a label bearing a The Chair recognizes the gentleman ratified Kyoto Protocol. ‘‘Made in America’’ inscription, or any in- from Indiana (Mr. VISCLOSKY). Mr. Chairman, the whole nation deserves to scription with the same meaning, to any Mr. VISCLOSKY. Mr. Chairman, I hear the plea of this Administration in the product sold in or shipped to the United yield myself such time as I may con- words of the coordinator of all environmental States that is not made in the United States, sume. policy for this administration, George the person shall be ineligible to receive any Mr. Chairman, this amendment deals Frampton, in his position as Acting Chair of contract or subcontract made with funds with the Kyoto Protocol that has been made available in this Act, pursuant to the the Council on Environmental Quality. On debarment, suspension, and ineligibility pro- debated a number of times on the March 1, 2000, on behalf of the Administration cedures described in sections 9.400 through House floor within literally the last he stated before this appropriations sub- 9.409 of title 48, Code of Federal Regulations. several days, as well as committee; and committee, and I quote, ‘‘Just to finish our dia- SEC. 603. (a) None of the funds appropriated I would simply want to point out sev- logue here, my point was that it is the very un- or otherwise made available by this Act may eral things. certainty about the scope of the language . . . be used to determine the final point of dis- One is, Kyoto did not simply come that gives rise to our wanting to not have the charge for the interceptor drain for the San full clothed from the Clinton adminis- continuation of this uncertainty created next Luis Unit until development by the Sec- tration but rather from negotiations retary of the Interior and the State of Cali- year.’’ fornia of a plan, which shall conform to the begun under President Bush’s adminis- Mr. Chairman, I agree with Mr. OBEY when water quality standards of the State of Cali- tration pursuant to a treaty that Presi- he stated to the Administration, ‘‘You’re nuts!’’ fornia as approved by the Administrator of dent Bush signed on June 1, 1992. upon learning of the fatally flawed Kyoto Pro- the Environmental Protection Agency, to There was a Kyoto Protocol subse- tocol that Vice President GORE negotiated. minimize any detrimental effect of the San quent to that, and concerns have been Mr. Chairman, I thank the gentleman from Luis drainage waters. expressed as far as various administra- Indiana for his focus on the activities of this (b) The costs of the Kesterson Reservoir tion agencies engaging in actions that Administration, both authorized and unauthor- Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be are not authorized. ized. classified by the Secretary of the Interior as The gentleman from Michigan (Mr. This amendment shall be read to be fully reimbursable or nonreimbursable and col- KNOLLENBERG) has made a point of consistent with the provision that has been lected until fully repaid pursuant to the this, and I would simply indicate that signed by President Clinton in six current ap- ‘‘Cleanup Program—Alternative Repayment the concern I have is we have legiti- propriations laws. Plan’’ and the ‘‘SJVDP—Alternative Repay- mate authorized programs that the A few key points must be reviewed: ment Plan’’ described in the report entitled various departments in this case, the First, no agency can proceed with activities ‘‘Repayment Report, Kesterson Reservoir Department of Energy, should pursue that are not specifically authorized and funded. Cleanup Program and San Joaquin Valley Mr. Chairman, there has been an effort to con- Drainage Program, February 1995’’, prepared and they should not in any way, shape by the Department of the Interior, Bureau of or form be precluded from doing so be- fuse the long-standing support that I as well Reclamation. Any future obligations of funds cause coincidentally they also happen as other strong supporters of the provision on by the United States relating to, or pro- to have been mentioned in the Kyoto the Kyoto Protocol have regarding important viding for, drainage service or drainage stud- Protocol. energy supply and energy conservation pro- ies for the San Luis Unit shall be fully reim- I would agree with the concerns ex- grams. For example, there has never been a bursable by San Luis Unit beneficiaries of pressed on previous occasions by the question about strong support for voluntary such service or studies pursuant to Federal gentleman from Michigan (Mr. programs, development of clean coal tech- Reclamation law. KNOLLENBERG) that the Kyoto Treaty nology, and improvements in energy con- SEC. 604. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990, as amend- is not the law of the land. We should servation for all sectors of our economy. Not- ed (42 U.S.C. 2214(a)(3)) is amended by strik- not be implementing it; but because withstanding arguments that have been made ing ‘‘September 30, 2000’’ and inserting ‘‘Sep- there are diversions and parallel tracks on the floor in recent days, I have never, ever tember 30, 2001’’. in many programs, I do want to make tried to undermine, eliminate, delete, or delay SEC. 605. None of the funds appropriated by sure that we are clear that we are not any programs that have been specifically au- this Act shall be used to propose or issue in any way inhibiting duly authorized thorized and funded. rules, regulations, decrees, or orders for the programs from proceeding. Second, no new authority is granted. purpose of implementation, or in preparation Third, since neither the United Nations for implementation, of the Kyoto Protocol Mr. Chairman, I reserve the balance which was adopted on December 11, 1997, in of my time. Framework Convention on Climate Change nor the Kyoto Protocol are self executing, spe- Kyoto, Japan at the Third Conference of the b 2030 Parties to the United Nations Framework cific implementing legislation is required for Convention on Climate Change, which has Mr. PACKARD. Mr. Chairman, I do any regulation, program, or initiative. not been submitted to the Senate for advice not rise in opposition. In fact, on the Fourth, since the Kyoto Protocol has not and consent to ratification pursuant to arti- contrary, I am willing to accept the been ratified and implementing legislation has cle II, section 2, clause 2, of the United amendment. not been approved by Congress, nothing con- States Constitution, and which has not en- Mr. KNOLLENBERG. Mr. Chairman, today tained exclusively in that treaty is funded. tered into force pursuant to article 25 of the the House Appropriations Committee accepted Mr. Chairman, as you know, the Administra- Protocol. my amendment to the Foreign Operations Ap- tion negotiated the Kyoto Climate Change Pro- AMENDMENT NO. 12 OFFERED BY MR. VISCLOSKY propriations bill. The amendment that the gen- tocol sometime ago but has decided not to Mr. VISCLOSKY. Mr. Chairman, I tleman from Indiana now offers is exactly the submit this treaty to the United States Senate offer an amendment. same wording as what I offered and what was for ratification. The CHAIRMAN. The Clerk will des- accepted this morning in the full House Appro- The Protocol places severe restrictions on ignate the amendment. priations Committee. the United States while exempting most coun- The text of the amendment is as fol- Mr. Chairman, I want to point out that this tries, including China, India, Mexico, and lows: amendment regarding the Kyoto Protocol of- Brazil, from taking measures to reduce carbon Amendment No. 12 offered by Mr. VIS- fered by me earlier and now by Mr. VISCLOSKY dioxide equivalent emissions. The Administra- CLOSKY: cannot, under the Rules of the House of Rep- tion undertook this course of action despite Page 39, line 5, insert after the period the following: resentatives, authorize anything whatsoever unanimous support in the United States Sen- The limitation established in this section on this Energy and Water Appropriations bill, ate for the Senate’s advice in the form of the shall not apply to any activity otherwise au- H.R. 4733, lest it be subject to a point of Byrd-Hagel resolution calling for commitments thorized by law. order. by all nations and on the condition that the

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00087 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12601 Protocol not adversely impact the economy of address global climate change. The House, PARLIAMENTARY INQUIRY the United States. however, did include provisions aimed at im- Mr. KINGSTON. Mr. Chairman, I We are also concerned that actions taken plementing the Montreal Protocol on Sub- have a parliamentary inquiry. stances that Deplete the Ozone Layer. The CHAIRMAN. The gentleman by Federal agencies constitute the implemen- Second, as to the Senate version (S. 1630) tation of this treaty before its submission to of the proposed amendments, the October 12, from Georgia (Mr. KINGSTON) will state Congress as required by the Constitution of 1998 memorandum correctly points out that his parliamentary inquiry. the United States. Clearly, Congress cannot the Senate did address greenhouse gas mat- Mr. KINGSTON. Mr. Chairman, I allow any agency to attempt to interpret cur- ters and global warming, along with provi- have an amendment at the desk to sec- rent law to avoid constitutional due process. sions implementing the Montreal Protocol. tion 607, which would be inserting at Clearly, we would not need this debate if Nevertheless, only Montreal Protocol related line 19, and I am not certain if I am in the Administration would send the treaty to the provisions were agreed to by the House-Sen- order now or if the gentleman from ate conferees (see Conf. Rept. 101–952, Oct. 26, Senate. The treaty would be disposed of and Wisconsin (Mr. RYAN) or the gentleman 1990). we could return to a more productive process However, I should point out that Public from Pennsylvania (Mr. SHERWOOD) for addressing our energy future. Law 101–549 of November 15, 1990, which con- would be first. During numerous hearings on this issue, the tains the 1990 amendments to the CAA, in- The CHAIRMAN. The Clerk will have administration has not been willing to engage cludes some provisions, such as sections 813, to read the next section first before the in this debate. For example, it took months to 817 and 819–821, that were enacted as free- Committee gets to that point. extract the documents the administration used standing provisions separate from the CAA. Mr. PACKARD. Mr. Chairman, I for its flawed economics. The message is Although the Public Law often refers to the move to strike the last word. ‘Clean Air Act Amendments of 1990,’ the Mr. Chairman, I yield to the gen- clear—there is no interest in sharing with the Public Law does not specify that reference as American public the real price tag of this pol- the ‘short title’ of all of the provisions in- tleman from Georgia (Mr. KINGSTON) to icy. cluded in the Public Law. discuss his upcoming amendment. A balanced public debate will be required One of these free-standing provisions, sec- Mr. KINGSTON. Mr. Chairman, I because there is much to be learned about tion 821, entitled ‘Information Gathering on thank the gentleman from California the issue before we commit this country to un- Greenhouse Gases contributing to Global Cli- (Mr. PACKARD) for yielding to me. precedented curbs on energy use while most mate Change’ appears in the United States Mr. Chairman, let me say, first of all, of the world is exempt. code as a ‘note’ (at 42 U.S.C. 7651k). It re- I certainly appreciate the hard work quires regulations by the EPA to ‘monitor that the gentleman from California Worse yet, some treaty supporters see this carbon dioxide emissions’ from ‘all affected as only a first step to elimination of fossil en- sources subject to title V’’ of the CAA and (Chairman PACKARD) and the ranking ergy production. Unfortunately, the Administra- specifies that the emissions are to be re- member have done on this bill. tion has chosen to keep this issue out of the ported to the EPA. That section does not This bill is extremely important to current debate. designate carbon dioxide as a ‘pollutant’ for all of the 435 Congressional districts, I look forward to working to assure that the any purpose. and we all appreciate their work. I rep- administration and EPA understand the Finally, Title IX of the Conference Report, resent coastal Georgia and do a lot of boundaries of the current law. It will be up to entitled ‘Clean Air Research,’ was primarily Corps of Engineer-type projects in our negotiated at the time by the House and Congress to assure that backdoor implemen- Senate Science Committee, which had no area. None of those are easy, they all tation of the Kyoto Protocol does not occur. regulatory jurisdiction under House-Senate can be controversial. I appreciate the In that regard I would like to include in the Rules. This title amended section 103 of the way, the delicate touch that the rank- Record a letter with legislative history of the CAA by adding new subsections (c) through ing member and the chairman have Clean Air Act reported by Congressman JOHN (k). New subsection (g), entitled ‘Pollution when dealing with this. DINGELL who was the Chairman of the House Prevention and Control,’ calls for non-regu- The amendment that I have deals Conference on the Clean Air Act amendments latory strategies and technologies for air with the Secretary of Energy’s Depart- of 1990. No one knows the Clean Air Act like pollution.’ While it refers, as noted in the ment, not the Secretary of Energy, but EPA memorandum, to carbon dioxide as a INGELL it deals with some of the recent, I am Congressman D . He makes clear, and I ‘pollutant,’ House and Senate conferees quote, ‘‘Congress has not enacted imple- never agreed to designate carbon dioxide as a not going to use the word scandal, but menting legislation authorizing EPA or any pollutant for regulatory or other purposes. some of the recent concern that has other agency to regulate greenhouse gases.’’ Based on my review of this history and my gone on at the Los Alamos labs, which In closing, I look forward to the report lan- recollection of the discussions, I would have this Congress, has on a bipartisan guage to clarify what activities are and are not difficulty concluding that the House-Senate basis, tried to address and do our best authorized. conferees, who rejected the Senate regu- to work with it. latory provisions (with the exception of the OCTOBER 5, 1999. It appears that there are certain em- above-referenced section 821), contemplated Hon. DAVID M. MCINTOSH, regulating greenhouse gas emissions or ad- ployees who have decided that well, it Chairman, Subcommittee on National Economic dressing global warming under the Clean Air is good enough to take a government Growth, Natural Resources, and Regulatory Act. Shortly after enactment of Public Law paycheck, the government is not good Affairs, Committee on Government Reform, 101–549, the United Nations General Assem- enough to require that they take a Washington, DC. bly established in December 1990 the Inter- polygraph test. I stress that we do not DEAR MR. CHAIRMAN: I understand that you governmental Negotiating Committee that have asked, based on discussion between our randomly ask people to take polygraph ultimately led to the Framework Convention staffs, about the disposition by the House- tests, but when there has been an ap- on Climate Change, which was ratified by Senate conferees of the amendments in 1990 parent disappearance of highly-sen- the United States after advice and consent to the Clean Air Act (CAA) regarding green- by the Senate. That Convention is, of course, sitive nuclear secrets, then if there are house gases such as methane and carbon di- not self-executing, and the Congress has not employees who are not necessarily oxide. In making this inquiry, you call my enacted implementing legislation author- even under suspicion, but in the cat- attention to an April 10, 1998 Environmental izing EPA or any other agency to regulate egory where it is possible they could Protection Agency (EPA) memorandum enti- greenhouse gases. have some knowledge on it, then it is tled ‘‘EPA’s Authority to Regulate Pollut- I hope that this is responsive. ants Emitted by Electric Power Generation appropriate for the U.S. government in With best wishes, a highly-sensitive nuclear lab to go out Sources’’ and an October 12, 1998 memo- Sincerely, randum entitled ‘The Authority of EPA to JOHN D. DINGELL, and ask some questions and, unfortu- Regulate Carbon Dioxide Under the Clean Ranking Member. nately, some employees are far from Air Act’ prepared for the National Mining Mr. VISCLOSKY. Mr. Chairman, if that investigation. Association. The latter memorandum dis- there are no further speakers, I yield Mr. Chairman, that is what we will cusses the legislative history of the 1990 be dealing with on this amendment amendments. back the balance of my time First, the House-passed bill (H.R. 3030) The CHAIRMAN. The question is on when the appropriate time comes, and never included any provision regarding the the amendment offered by the gen- I will be glad to deal with the gen- regulation of any greenhouse gas, such as tleman from Indiana (Mr. VISCLOSKY). tleman from New Jersey (Mr. AN- methane or carbon dioxide, nor did the bill The amendment was agreed to. DREWS) if he wanted to comment on

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12602 CONGRESSIONAL RECORD—HOUSE June 27, 2000 that, because I know the gentleman Mr. ANDREWS. Mr. Chairman, I nomic benefit derives from being able has been very concerned about security yield myself such time as I may con- to get more crude oil to six oil refin- at Los Alamos. sume. eries along the Delaware River at a Mr. ANDREWS. Mr. Chairman, will Mr. Chairman, this amendment, cheaper rate which then lowers produc- the gentleman yield? which is cosponsored by the gentleman tion costs. Mr. Chairman, that requires Mr. PACKARD. I yield to the gen- from South Carolina (Mr. SANFORD), those oil refineries to make a commit- tleman from New Jersey. my very able colleague, the gentleman ment with their money to dredge their Mr. ANDREWS. Mr. Chairman, I from Maryland (Mr. GILCHREST), is a berths and make themselves available commend the gentleman from Georgia sensible due diligence amendment, and for this crude oil before we spend $30 (Mr. KINGSTON) for this effort. We are here is what it says. The bill proposes million of the public’s money. embarking on a long national night- to spend approximately $30 million of The record though shows that Best mare about security in this area. It is our constituent’s money to pursue a One Company has committed to make not a Republican problem or a Demo- project to deepen the main channel of that investment; the others have not. cratic problem. It is a national prob- the Delaware River which divides the They have given us words. They have lem. It deserves a heightened degree of States of New Jersey and Pennsylvania given us gestures. They have not given attention, and I commend my friend, and which empties into a bay which us commitment or money. Mr. Chair- the gentleman from Georgia (Mr. KING- sits next to the State of Delaware. man, this project proposes to build a STON) for giving it that attention. We believe that there are significant superhighway with no exit ramps. A PARLIAMENTARY INQUIRY unanswered questions about this $311 million superhighway without an Mr. ANDREWS. Mr. Chairman, par- project, and the purpose of our amend- exit ramp. liamentary inquiry? ment is to be sure that there is ade- Mr. Chairman, finally, there is the The CHAIRMAN. The gentleman quate time for this Congress to first question of the equity of dredged dis- from New Jersey (Mr. ANDREWS) will get the facts, and then decide whether posal sites. This project calls for 10 state his parliamentary inquiry. to spend the $30 million of our re- million cubic yards of dredged material Mr. ANDREWS. Mr. Chairman, at spected taxpayers’ money. to be distributed on the beaches of what point in the bill is the Clerk now There are questions in this project Delaware, but the Army Corps has re- reading? about environmental concerns which is fused to cooperate with the Delaware The CHAIRMAN. We are to the point why the amendment is supported by environmental agency and get the ap- where the Clerk will read section 606. the League of Conservation Voters, the propriate permits which is why Sen- Mr. ANDREWS. Mr. Chairman, I have Sierra Club, the U.S. Public Interest ator ROTH and Senator BIDEN in the an amendment to section 607; is that in Research Group, the National Wildlife other body have urged that this project order at this time? Federation and Friends of the Earth. not be funded at this time. The CHAIRMAN. After 606 is read it There are questions about the eco- The project takes the remaining 22 would be in order. nomics of this project, which is why million cubic yards of material and The Clerk will read. The Clerk read as follows: the amendment is supported by Citi- proposes to put it all in southern New zens Against Government Waste and Jersey, which is why elected officials, SEC. 606. The Energy Policy and Conserva- tion Act is amended— Taxpayers for Common Sense. Finally, Republican and Democrat, State, local, (1) by amending section 166 (42 U.S.C. 6246) there are questions about the equity and county throughout southern New to read as follows: and feasibility of the plan to distribute Jersey have objected to this project. ‘‘AUTHORIZATION OF APPROPRIATIONS the dredged spoils from this project. We need due diligence here, Mr. Chair- ‘‘SEC. 166. There are authorized to be ap- Due diligence requires that we gain man. We need to look at the essentials propriated for fiscal years 2000 and 2001 such the answers to these questions, and of this project when it comes to envi- sums as may by necessary to implement this that is the way this amendment works. ronment, economics and dredged dis- part.’’; It says that funds for this deepening posal before we commit $30 million of (2) in section 181 (42 U.S.C. 6251) by striking project are prohibited to be spent be- the public’s money to this project, ‘‘March 31, 2000’’ both places it appears and fore June 1 of 2001 so that this Congress which is why environmental groups inserting ‘‘September 30, 2001’’; and and the executive branch can answer (3) in section 281 (42 U.S.C. 6285) by striking and taxpayer groups support this ‘‘March 31, 2000’’ both places it appears and these kinds of questions. amendment and why I urge my col- inserting ‘‘September 30, 2001’’. Environmentally, is this project leagues to do so as well. AMENDMENT NO. 1 OFFERED BY MR. ANDREWS going to be a significant threat to the Mr. Chairman, I reserve the balance Mr. ANDREWS. Mr. Chairman, I offer drinking water and the natural re- of my time. an amendment. sources of the Delaware River and bay Mr. VISCLOSKY. Mr. Chairman, I The CHAIRMAN. The Clerk will des- system? The proponents would say that rise in opposition to the gentleman’s ignate the amendment. the environmental impact statement amendment. The text of the amendment is as fol- answers that question. The CHAIRMAN. The gentleman lows: I think the environmental impact from Indiana (Mr. VISCLOSKY) is recog- Amendment No. 1 offered by Mr. ANDREWS: statement raises more questions. The nized for 10 minutes. Page 39, after line 19, insert the following: method that is used with respect to Mr. VISCLOSKY. Mr. Chairman, I SEC. 607. None of the funds made available toxic and polluted sediment is to aver- yield 2 minutes to the gentleman from in this Act may be used to carry out the age the presence of those sediments in New Jersey (Mr. FRELINGHUYSEN). project for navigation, Delaware River the river bed, but that does not allow Mr. FRELINGHUYSEN. Mr. Chair- Mainstem and Channel Deepening, Delaware, for toxic hot spots which could arise. man, I thank the ranking member for New Jersey, and Pennsylvania, authorized by section 101(6) of the Water Resources Devel- It does not deal with the question of yielding me the time. opment Act of 1992 (106 Stat. 4802), as modi- the environmental consequences that Mr. Chairman, I rise in opposition to fied by section 308 of the Water Resources could be done to the dredged disposal the Andrews amendment. Quite frank- Development Act of 1999 (113 Stat. 300), be- sites, and it does not deal with the con- ly, I make no apologies for fighting for fore the June 1, 2001. sequences of the dredging that would our State, the gentleman from New The CHAIRMAN. Pursuant to the take place for berths next to oil refin- Jersey (Mr. ANDREWS) and my State order of the House of today, the gen- eries, if they are ever dredged, that are and our priorities. I do so within the tleman from New Jersey (Mr. relevant to this project. There are too spending restraints of the Balanced ANDREWS) will control 10 minutes and a many environmental questions to go Budget, and I have looked and inves- Member opposed will control 10 min- forward with this project at this time. tigated closely the actual nature of utes. On the economics, the proponents of each of these types of projects in the The Chair recognizes the gentleman this project, the Army Corps of Engi- Appropriations Subcommittee on En- from New Jersey (Mr. ANDREWS). neers, say that 80 percent of the eco- ergy and Water Development.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12603 Let me say I do not and have not sup- Public Interest Research Group, Na- vironment is protected. This project is ported any project in New Jersey that tional Wildlife Federation and others included in the President’s budget re- would harm my State’s environment. so strongly support this amendment. quest; it is supported by the governors The Delaware Deepening project meets Mr. GILCHREST. Mr. Chairman, I of both States, New Jersey and Penn- all environmental standards and has thank the gentleman from New Jersey sylvania, as well as numerous Members been approved by the Environmental (Mr. ANDREWS) for yielding me the of this body. Protection Agency. Since some groups time. The project will deepen the Delaware in the sponsor have raised the prospect Mr. Chairman, I will make a com- main shipping channel from the exist- that this project is nonenvironmently ment about the State of Delaware and ing 40 feet to 45 feet and will provide justified, I decided to contact the Envi- the State of New Jersey supporting substantial benefits. I urge all of the ronmental Protection Agency Region 2 this project. There are numerous agen- Members to support the project and to Office, the agency required under the cies within each of those States, and oppose the amendment. Federal law to review the project. the State of Delaware has a problem Mr. ANDREWS. Mr. Chairman, I Mr. Chairman, I asked if the EPA had with this dredging from the governor yield 2 minutes to the gentleman from any outstanding environmental con- to the two senators, to the Member of Delaware (Mr. CASTLE), the former gov- cerns over the deepening of the Dela- Congress from that State. ernor of the State of Delaware and a ware River. The EPA’s response was The issues that they have had are en- supporter of the amendment. no. vironmental issues, and those environ- Mr. CASTLE. Mr. Chairman, I thank I have also heard the argument that mental issues deal with the toxins that the gentleman for yielding me this the State of New Jersey is opposed to are in these regions of the river that is time. the project. Let me state very clearly going to be dredged. They have a prob- I would point out to my colleagues to all Members that the State of New lem with the dredged spoil that is sup- than there are three States involved in Jersey supports the project and Gov- posed to be considered clean, which, in this. The State of Delaware actually ernor Whitman has written to me to fact, when we move tiny particles of runs the whole length of this Delaware express her support. She writes, and I dredged material, each of those grains River and our State, at this moment, quote her letter of June 5, ‘‘given the of sand, because of the physical nature at least, opposes this particular meas- importance of this project to New Jer- of that structure, when it is moved, ex- ure to dig this channel deeper, and we sey’s economy and Pennsylvania’s will- posed to air, deposited someplace else, support the Andrews amendment. ingness to work with us to ensure that releases nitrogen and phosphorus. There are various reasons for that. they accept a more equitable share of Those are concerns. One could argue waste or whatever it the dredged materials, I support Con- Delaware does not want this project may be, because this is an expensive gress funding this project in the fiscal to go forward, because of the environ- project. But in Delaware, we are trying year 2000 Energy and Water Appropria- mental concerns that the Corps of En- to determine the environmental im- tions bill.’’ gineers have been asked to address, and pact, as has been stated by several In addition to Governor Whitman, they have not addressed those issues. speakers here, whether it will cause our senior senator from New Jersey, undue harm to Delaware’s natural re- b 2045 Senator LAUTENBERG, supports this sources. project. The other issue my colleague from Last year I supported funding be- Dredging on the Delaware River is New Jersey talked about, when they cause it moved the process forward and not new. The U.S. Army Corps of Engi- dredge this channel in the river from 40 we could find out more. Then we tried neers has dredged the river every year to 45 feet, it is going to cost the tax- to work with the Army Corps of Engi- for generations. The shorelines of both payers millions of dollars. Well, what neers in the course of this year, and sides of the river and bay contain dirt good is that dredged deeper channel the Army Corps of Engineers and our and sand removed from the river. None going to do when we do not dredge the Department of Natural Resources and of the dire environmental consequences equivalent depth to the berths where Environmental Control began negotia- predicted as a result of the project the ships are going to dock? And al- tions about how the environment have ever occurred. My colleague from most all of those ships are owned by would be guaranteed: would it be New Jersey (Mr. ANDREWS) has repeat- somebody. Whether it is an oil com- through a State permit or some memo- edly stated in letters and other things pany or a foreign steamship company, randum of agreement. It is my opinion that the dirt and sand taken from the they have intimated that they are not that the forum is not as important as Delaware River is dangerous. It is not. going to dredge from the channel to the substance. Any agreement needs to The EPA, the U.S. Fish and Wildlife, the berths. be mutually acceptable, legally en- the New Jersey DEP, the Pennsylvania Now, why are we dredging? I think forceable, and allow for meaningful DER have studied the project. Surely that is the question that needs to be public participation. one of these agencies after years of re- asked. What are we dredging? We are Mr. Chairman, I had hoped that I view would have raised some objection. dredging for fundamentally two rea- would be able to come to the floor to- Mr. Chairman, I oppose the amend- sons. One so that we can get a 6-pack of night saying these conditions have ment most strongly. Heineken for a couple of pennies less. been met, but I cannot do that; they Mr. ANDREWS. Mr. Chairman, I That is what it amounts to. have not been met. Given the lack of yield myself 20 seconds. Mr. Chairman, I strongly urge sup- assurances from the Corps to my Mr. Chairman, I would say to my port for the Andrews amendment. State’s environmental agency, I cannot friend, the gentleman from New Jersey Mr. VISCLOSKY. Mr. Chairman, I support funding for this project this (Mr. FRELINGHUYSEN), that the New yield 1 minute to the gentleman from year, and that is exactly what the gen- Jersey legislature has failed to yet ap- California (Mr. PACKARD), the chair- tleman from New Jersey’s amendment propriate its match for this project be- man of the subcommittee. does, it delays it for a year. I think the cause of the very concerns that I made Mr. PACKARD. Mr. Chairman, I wiser course of action today is to delay reference to. thank the gentleman for yielding me funding for actual dredging until this Mr. Chairman, I yield 2 minutes to this time. issue is resolved. the gentleman from Maryland (Mr. Funding should not be withheld, and In fact, many in my State thought GILCHREST), my friend and coauthor. this project should not be delayed. that that was the Corps’ position too. The gentleman from Maryland is one of Issues raised by the opponents to the This spring, a Corps spokesman stated the leading environmentalists of this project have been adequately addressed to the Delaware press that the Corps Congress who will reflect some of the during the planning stages and appro- had all the necessary permits, and it reasons that the League of Conserva- priate analyses and project modifica- had addressed all of the environmental tion Voters, the Sierra Club, the U.S. tions have been made to ensure the en- concerns created by the dredging

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12604 CONGRESSIONAL RECORD—HOUSE June 27, 2000 project. The very next day the Corps only 5 more feet can potentially ben- GAO which study other similar reversed itself and stated that we are efit consumers from Maine to Mary- projects. not going to start dredging without re- land. Because of reduced transpor- REPORT BY THE COMPTROLLER GENERAL OF solving the permit issues first, admit- tation costs associated with the deep- THE UNITED STATES: MONTANA’S LIBBY DAM ting they did not have it resolved. ening, oil companies could very well PROJECT: MORE STUDY NEEDED BEFORE Sadly, a few weeks ago when I gave the pass these lower costs on to consumers ADDING GENERATORS AND A REREGULATING Corps the opportunity to support my in order to stay competitive. These DAM efforts to put their promise in writing savings by oil companies can translate The U.S. Army Corps of Engineers has not and delay actual dredging funds, they into reduced home heating oil and gas shown that its proposed project to add more declined. prices for consumers. generators to the Libby Dam and a reregula- Mr. Chairman, it is no wonder citi- As to the environmental issues asso- tion dam downstream is economically justi- fied or the best alternative for meeting Pa- zens in Delaware do not trust the eco- ciated with this project, first, less cific Northwest electricity peaking needs: nomic justifications and environ- lightering gives less of a chance for oil GAO questions the Corps method of calcu- mental propositions the Corps makes. spills. Second, this project provides for lating the project’s benefits. The Corps plans It is no wonder our Department of Nat- wetland restoration and beach fill to reassess the benefit-cost ratio using a bet- ural Resources insists on a legally en- projects built with clean sand. ter method and submit the results to the forceable agreement with the Corps. I Finally, Mr. Chairman, the gen- Congress by early 1980. know we all hope the DNREC, our envi- tleman from New Jersey has requested Neither the Corps nor the Bonneville ronmental people and the Corps can a GAO report. He has asked that the Power Administration has adequately stud- money for this project be delayed until ied other was of meeting forecasted peak reach a mutually acceptable, legally power shortages. Combustion turbines, co- enforceable agreement before the fiscal a report is finished. However, my expe- generation, power exchanges, load manage- year 2001 begins; but until that time, I rience with the GAO as a former chair- ment, and peak pricing options should be urge the House to withhold funding for man of the Subcommittee on Inves- evaluated before the proposed project pro- this project. tigations and Oversight leads me to be- ceeds. Mr. VISCLOSKY. Mr. Chairman, I lieve that this is beyond the purview of This report responds to a request from yield 4 minutes to the gentleman from the GAO. Typically, the GAO conducts Senator Baucus. Pennsylvania (Mr. BORSKI). more broad-based reviews which are re- Mr. BORSKI. Mr. Chairman, I rise in quested by committees of jurisdiction REPORT TO THE CONGRESS BY THE COMP- opposition to the amendment from the TROLLER GENERAL OF THE UNITED STATES: or mandated by law. The GAO does not THE TENNESSEE VALLEY AUTHORITY’S gentleman from New Jersey and in have the resources to respond to indi- TELLICO DAM PROJECT—COSTS, ALTER- strong support of the Delaware River vidual Member requests; and it is high- NATIVES, AND BENEFITS main channel deepening project. This ly unlikely, in my view, that a report In January 1977 the nearly completed $116 project was included in the President’s would be available within a year. million Tellico Dam project was stopped be- fiscal year 2001 budget and is supported Mr. Chairman, I oppose the amend- cause it would harm the habitat of the snail by Governor Ridge and Governor Whit- ment offered by the gentleman from darter—an endangered species of fish. Sev- man. New Jersey, and I offer my strong sup- eral alternatives to the project have been In the early 1980s, Congress directed port for this important project. proposed. However, neither the current the Army Corps to study the viability Mr. VISCLOSKY. Mr. Chairman, I project nor alternatives are supported by of modifying the channel. We author- yield myself such time as I may con- current benefit-cost analyses. ized this and funded it in 1992. The final sume. The Tennessee Valley Authority should up- I would simply conclude our side of date the remaining benefit-cost data for the Environmental Impact Statement was Tellico project and alternatives to it. The filed by the Corps in 1997; and it was the debate, Mr. Chairman, by indi- Congress should prohibit the Authority from approved by EPA, U.S. Fish and Wild- cating that I respect the gentleman further work on the project and should not life, and the U.S. Geological Survey. from New Jersey and those who have act on the proposed legislation to exempt the The Corps has spent $7 million on nu- spoken on his side very much, both in project from the Endangered Species Act merous studies over the past 6 years. terms of their intelligence, their pas- until more current information is received. Reports have been submitted on salin- sion on the issue, and their commit- ity, shellfish, sediments, wetlands, ment for their constituents. I happen, REPORT BY THE U.S. GENERAL ACCOUNTING groundwater, and oil spills; and all of in this instance, however, to seriously OFFICE: INFORMATION ON CORPS OF ENGI- NEERS’ CLARENCE CANNON DAM AND MARK these reports have shown no significant disagree with them. I believe that we TWAIN LAKE PROJECT impact on these areas of concern. have an authorized program, the proce- As for economic benefits, the Army This report discusses the 1981 flooding dures and laws of this country have along the Salt River in northeast Missouri Corps cost-benefit ratio is $1.40 for been followed; and I do think that we and the resulting damages above and below every dollar invested. There is also an ought to proceed. I do oppose the An- the Corps of Engineers’ Clarence Cannon unprecedented level of involvement by drews amendment. Dam project. It further discuses the poten- beneficiaries. It is not only the oil Mr. Chairman, I yield back the bal- tial impact hydropower operations of the companies who will benefit, even ance of my time. dam will have on downstream landowner, though Sunoco and Valero have ex- Mr. ANDREWS. Mr. Chairman, I and the current cost and schedule estimates pressed support for this project and are yield myself the remainder of my time. for completing the project. ready to take advantage of a deeper The bill as it presently is constituted tier channel. Additionally, there are al- is spend first, think later. I think we REPORT TO THE HONORABLE GEORGE MILLER, UNITED STATES HOUSE OF REPRESENTATIVES most 1,200 groups that support the should do the opposite, think first and BY THE U.S. GENERAL ACCOUNTING OFFICE: deepening of the Delaware River to 45 then maybe spend later. PROPOSED PRICING OF IRRIGATION WATER feet. They range from labor to shippers We are being asked to invest nearly FROM CALIFORNIA’S CENTRAL VALLEY NEW to port groups. Virtually every facet of $30 million into a project that is not MELONES RESERVOIR the community that benefits from port economically proven, that is environ- The New Melones Reservoir in California is commerce is supportive of this project. mentally risky, and that is fundamen- the latest addition to the Bureau of Rec- Why does the Port of Philadelphia tally unfair to the people of southern lamation’s vast network of dams, reservoirs, need to go to 45 feet? Because the trend New Jersey. Think first, then maybe canals, and pumping stations known as the in the world is towards bigger ships. If spend later. Join with us and join with Central Valley Project. Since New Melones we do not deepen the Delaware, the re- the League of Conservation Voters, is part of the CVP, the Bureau adds its irri- gation construction, operation, and mainte- gion will be severely affected. We will Citizens Against Government Waste, nance costs to other CVP costs. The entire lose jobs and our port will become less Republicans and Democrats in support irrigation costs are then used in calculating competitive. of this amendment. rates for water repayment. In addition to benefiting labor, oil Mr. Chairman, at this point I will in- As a result, New Melones irrigation rates companies, and shippers, deepening sert into the RECORD reports from the are lower than they would be if its water

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12605 users had to repay construction and oper- cept flood control reservoirs. For projects The estimated annual benefits for each ating costs of the reservoir. Costs associated providing benefits such as beach erosion con- project beneficiary are shown below. with New Melones will eventually cause the trol, the local sponsor is also required to rates of other CVP users to increase. Because contribute a designated percentage of the Beneficiary Amount Percent of existing long-term contracts, however, the total project construction cost. If the land, American Oil Company ...... $17,013,800 86.4 increased rates cannot be passed on to other easements, and rights-of-way do not fulfill Virginia Electric and Power Company ...... 2,386,200 12.1 users until their contracts expire or are the required non-Federal contribution, cash U.S. Navy ...... 300,000 1.5 contributions are required. The traditional amended. Total ...... 19,700,000 100.0 formulas establishing the required non-Fed- REPORT TO THE HONORABLE JAMES H. WEAVER eral share have evolved over the years as Additional non-Federal contributions were HOUSE OF REPRESENTATIVES BY THE COMP- new agencies, programs, and project pur- not recommended by the Corps despite the TROLLER GENERAL OF THE UNITED STATES: poses have been authorized by the Congress. fact that the project is expected to benefit Although many variations in the tradi- CORPS OF ENGINEERS SHOULD REEVALUATE only three users and one user is expected to tional cost-sharing formulas exist, the re- THE ELK CREEK PROJECT’S BENEFITS AND receive 86 percent of the estimated annual quirements are reasonably well defined and COSTS savings. One of the beneficiaries, American are usually met. The Corps of Engineers’ fiscal year 1982 es- However, when the projects benefit only a Oil Company, could completely repay the timates of benefits and costs for the Elk small group or yield significant secondary or project cost in 3 years with its annual trans- Creek project, under construction in Jackson special localized benefits, the Federal Gov- portation savings. Instead, the Nation’s tax- County, Oregon, show an excess of benefits ernment rarely requires a larger percentage payers, if this project is approved, would over costs. of project cost from local sponsors. Corps have to pay for 98.5 percent of the project. This report questions most of the Corps’ policies and procedures (as discussed in ch. 2) IDENTIFIABLE BENEFICIARIES SHOULD MAKE estimates of benefits to be obtained from the address limited beneficiary situations, but ADDITIONAL CONTRIBUTIONS project’s flood control, water supply, recre- their requirements are vague and inconsist- Some projects built by the Corps and SCS ation, irrigation, and area redevelopment ently applied at the various districts. Al- provided significant special localized bene- purposes. It also questions some of the though SCS recognizes that these situations fits to direct, identifiable beneficiaries. Corps’ project cost estimates. These issues occur, their policies and procedures do not These benefits can accrue in the form of in- affect the benefit cost value reported to the address these issues. creased earning potential, land enhance- Congress in support of the project’s eco- Consequently, some project beneficiaries ment, or in the case of a State or local enti- nomic feasibility. have reaped significant special localized ben- ty, increased local real estate and income GAO recommends that the Corps resolve efits at the Federal tax-payers’ expense. The tax bases. these matters and recalculate project bene- following synopses briefly identify and dis- In these situations, the Federal Govern- fits and cost. cuss several water resource projects which ment is subsidizing individuals or groups of REPORT TO THE CONGRESS OF THE UNITED we believe provide significant special or lo- individuals who often have the ability (be- STATES BY THE COMPTROLLER GENERAL: calized benefits to identifiable beneficiaries. cause of increased earnings) to make addi- CONGRESSIONAL GUIDANCE NEEDED ON FED- Additional information concerning each tional contributions. project is included in appendix I. ERAL COST SHARE OF WATER RESOURCE Pohick Watershed Flood Prevention Project PROJECTS WHEN PROJECT BENEFITS ARE SOME PROJECTS HAVE ONLY A FEW The SCS Pohick Watershed project in Fair- NOT WIDESPREAD BENEFICIARIES fax County, Virginia, provides significant in- In 4 of the 14 cases we reviewed a high per- Many water resource projects provide ben- creased income to housing developers and in- centage of project benefits went to only a efits to large segments of the country; how- creased tax revenue to Fairfax County. (See few people or businesses. Estimated project ever, the Corps of Engineers and the Soil p. 69.) The project is creating choice lake- costs ranged from about $7 million to $111 Conservation Service have built some front property within 17 miles of Wash- million. projects that primarily benefit only a few ington, D.C. SCS did not require any addi- landowners or businesses. Total Federal tional non-Federal contributions for these For Corps and Service projects, the non- cost cost Number benefits. Federal entity is seldom required to share a Project name; purpose and location of bene- (thou- (thou- ficiaries The Pohick Watershed was the first SCS larger portion of project cost to compensate sands) sands) flood prevention project undertaken in a wa- for these special benefits, such as land en- Blue River Channel Flood control, Missouri 111,000 94,100 1 281 tershed being totally converted from rural to hancement or increased local taxes. The Hendry County Flood control, Florida ...... 17,719 13,190 2 21 urban land use. It was authorized in 1968 be- Congress needs to clarify its intent regarding Southern Branch of Elizabeth River Navi- gation, Virginia ...... 7,634 5,282 2 cause of the anticipated rapid change in land cost sharing on such projects. York and Pamunkey Rivers Navigation, use. The plan was to supplement an overall Non-Federal entities provide land, ease- Virginia ...... 50,500 47,200 3 3 development plan for an area rapidly con- ments, rights-of-way, and relocate utilities. 1 One company will receive 55 percent of total project benefits. verting from nearly natural cover conditions The estimated costs of such items are shown 2 Four landowners have control over 61 percent of benefited area. to an area of intensive urbanization. as the non-Federal cost share in project fea- 3 One company will receive 86 percent of total project benefits. In June 1970, SCS estimated the project sibility studies. GAO found that the esti- York and Pamunkey Rivers Navigation Project construction and installation would cost mated non-Federal cost share for Service The York and Pamunkey Rivers Naviga- $1,878,520 with the Federal share being projects usually contained extraneous cost tion Project in Virginia is an example of a $904,142 and the non-Federal share $974,378. items which are not actual project costs. proposed project which will benefit a limited The project consists of seven floodwater re- Such costs inflate the total project cost and number of identified users. (See p. 61). The tarding structures and is about 70 percent also make the non-Federal ‘‘share’’ appear project was internally approved by the Corps complete. much higher than it actually is. GAO says in 1973, but has not yet been authorized by The project provides special local benefits this practice should be stopped. the Congress. Although it is expected to pro- to a small number of housing developers. vide transportation savings to only three After the SCS project was authorized and CHAPTER 3: SOME WATER RESOURCE PROJECTS users, additional non-Federal contributions construction started, developers began build- DO NOT PROVIDE WIDESPREAD BENEFITS were not recommended. ing large subdivisions in this formerly unde- The Corps and SCS, after congressional ap- The recommended plan provides a two-lane veloped area. In addition to the homesites proval, finance, construct, and often main- navigation channel. The estimated total surrounding the lakes, many sites are di- tain water resource projects. In some in- project cost is $50.5 million of which the non- rectly on the lakeshores. At project comple- stances, these projects have only one pri- Federal share is estimated at $3.3 million (6.5 tion, the seven lakes formed by the flood- mary beneficiary or provide special localized percent). The non-Federal share is for lands, water retarding structures will create 571 benefits—such as increased earning potential levees, spillways, relocations, berthing choice lakefront homesites. Subdivisions or extraordinary land enhancement—to cer- areas, and access channels. have already been completed around four of tain groups, businesses, or individuals pri- The project has only three identified users, the seven lakes. According to local real es- marily at the expense of the U.S. taxpayer. two of which are expected to receive 98.5 per- tate agents and county officials, homes in However cost sharing between Federal and cent of the total project benefits. It provides Fairfax County with a lake view sell at a non-Federal entities for these projects is a more economically efficient method of $2,000 premium; therefore, the developers generally the same as for other projects pro- transporting oil to the American Oil Com- could receive additional income of $1,142,000 viding more general widespread benefits. pany and the Virginia Electric and Power because of the lakefront sites. One develop- Legislation and procedures generally re- Company. It is also expected to maintain ment company building a subdivision around quire local project sponsors to provide the depth in the York River entrance channel one of the lakes paid $104,000 to increase the necessary land, easements, rights-of-way, sufficient for present and future use by the lake size. The subdivision has 150 lakefront and utility relocations for most projects ex- Navy. homesites, and as a result of the sites, the

VerDate jul 14 2003 10:48 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12606 CONGRESSIONAL RECORD—HOUSE June 27, 2000 company received additional gross income of the Nation. As early as 1920 the Congress rec- cretionary authority under the Watershed $300,000. ognized that some water resource projects Protection and Flood Prevention Act of 1954 The Fairfax County real estate tax base provided a high percentage of ‘‘special local and collect additional non-Federal funds for has increased greatly during the period 1970 benefits,’’ and in the 1920 River and Harbor projects with limited benefits. We rec- to 1979. Overall, the total county assessed Appropriation Act voiced its intent to re- ommended that the secretary direct the SCS value has increased 146 percent while the quire a higher non-Federal cost share for Administrator to prepare regulations which value in the Pohick Watershed area has in- projects with a high percentage of special recognize ‘‘special beneficiary situations,’’ creased about 1,800 percent. County officials local benefits. and ensure that each office applies these reg- did not know how much the project contrib- Conditions have since changed. Much of ulations when preparing future studies. uted to the 1,800-percent increase in value. the Nation is now highly developed and new AGENCY COMMENTS AND OUR EVALUATION However, with the advent of the SCS project national concerns and priorities have sur- On August 7, 1980, we met with Corps offi- and a county sewage system the project area faced (energy and the environment) and cials to obtain oral comments because the developed rapidly. Real estate values in the there is increasing competition for the Na- agency could not respond within the 30 days project area increased $1.1 billion from 1970 tion’s resources. Because of these changing allowed for submitting written comments. to 1979 resulting in additional annual county priorities it is even more important that the However, in a September 8, 1980, letter (see tax revenues of approximately $17 million. Federal agencies carefully evaluate the local app. II), the Corps provided written com- SCS has not required additional non-Fed- versus the national benefits provided by each ments on our draft report. The Corps did not eral contributions to compensate for these proposed project and consider this when rec- concur with out recommendations, providing special localized benefits. We believe the ommending to the Congress the non-Federal the following overall comments. local sponsor should have contributed more cost share. The Corps stated that: because there were readily identifiable bene- Both the Corps and SCS have financed, ‘‘The Flood Control Act of June 22, 1936, ficiaries who receive significant secondary constructed, and sometimes maintained recognized that fact that flood damages de- benefits because of the project. water resources projects which benefit a very stroy portions of the national wealth and ad- few individuals or businesses or provide a Hendry County Flood Control Project versely affect national productive capacity. significant special or localized benefits to an That recognition has been followed by all In Hendry County, Florida, the Corps has identifiable group of beneficiaries. studies since that time. Flood damages to planned a $17.7 million flood control and Although both agencies recognize these anyone in the nation are measured and water supply project which will benefit a situations, they have rarely required addi- counted as benefits in this national program. total of 21 local farmers/corporations—four tional non-Federal contributions (over and The present term for these types of benefits owners control 61 percent of the benefited above established standard cost-sharing for- as approved by the United States Water Re- land (See p. 46.) Although the Corps con- mulas) as compensation. Consequently, the sources Council, is ‘‘National Economic De- siders this project a flood control project, it Federal taxpayer, most of whom will receive velopment Benefits’’ (NED). Your report does will also provide major drainage benefits to no direct project benefit, pays for most of not follow this definition for national bene- vast amounts of marginal grassland which the associated project cost. We believe the fits, and thus gives rise to considerable con- can then be used for more intensified ranch- Corps and SCS should have required addi- fusion. It also suggests implicitly the alloca- ing and farming operations (land enhance- tional non-Federal funds for each of the tion of costs to beneficial outputs which are ment). It also will increase the county’s tax projects discussed in this report. not now recognized in the computation of revenue. Even though the project had identi- As discussed in chapter 2, the law requires benefit-cost ratios or in the Federal decision fiable beneficiaries and may result in sub- that the Corps identify and discuss the na- process.’’ stantial land enhancement, the Corps did not tional project benefits vs. limited special We are familiar with the Water Resources request additional non-Federal contribu- benefits and recommend appropriate non- Council’s terminology but chose not to use it tions. Federal cooperation. for several reasons. Special localized benefits will accrue to identi- While section 2 of the 1920 River and Har- First, many of the ‘‘National Economic De- fiable beneficiaries bor Appropriation Act literally only requires velopment’’ benefits discussed in the report that the Federal agency include its findings are secondary type benefits which directly The Corps analysis of future land use ac- of local versus national benefits and rec- accrue to individuals, businesses, or commu- knowledges that the project will permit 5,400 ommend what the local cost share should be nities around a project, such as land en- acres—presently used for pasture, rangeland, on the basis of these benefits, its purpose is hancement and intensified or changed land woodland, and truck crops cultivation—to be to secure a higher non-Federal contribution use. Granted, such benefits also tend to in- upgraded for sugarcane production. The four under certain circumstances. We believe that crease the economic value of the national largest landowners have stated that once the the Corps’ multiple use policy (discussed in output, but the impact of such benefits is project is complete, they plan to grow sugar- ch. 2) does not fully conform with the intent much greater for those beneficiaries whose cane on land that was previously less produc- of section 2. Further the Corps did not spe- land or income is directly affected or tive. The largest landowner, a corporation cifically compare local versus national bene- improved. that owns 34 percent of the project land, fits in each of the studies we reviewed. We We believe that the report message is more stated that the project will greatly improve believe that a separate discussion of these clearly communicated to most readers by its economic potential because an additional benefits should be included in each feasi- stressing the immediate impact these bene- 3,200 acres of sugarcane could be grown on bility study to fully inform the Congress of fits have on the direct beneficiaries. There- land previously used for a less productive the nature of the project benefits and any fore, the report addresses these as special lo- purpose. A large sugar company, the second additional non-Federal contributions which calized or secondary benefits (benefits which largest landowner, plans to move current should be required. go beyond project purposes). For example, cattle operations to its 17,846 acres in the The Secretary of Agriculture also has dis- the Corps letter points out that flood dam- water supply area. This move will allow cretionary authority under the Watershed age destroys portions of the national wealth them to develop their present ranch near Protection and Flood Protection Act of 1954 and adversely affects national wealth and Clewiston, Florida, into sugarcane, which to require additional non-Federal contribu- national productive capacity. Projects are they indicated would be more profitable. The tion for projects with limited benefits. (See authorized and built to prevent such damage. largest family farm landowner also plans to p. 13.) However, in addition to flood damage pre- convert 960 acres of land from cattle to sug- We believe that the Federal agencies vention, the same projects often provide sub- arcane when the project is completed. An- should require local sponsors to share a larg- stantial secondary benefits which go beyond other rancher indicated plans to produce er percentage of project cost when signifi- the authorized project purpose. In addition sugarcane on land currently used as pasture cant special local benefits (secondary bene- to flood damage prevention (a NED benefit but has not determined the exact acres in- fits) accrue to project beneficiaries. which is related to the project purpose), sec- volved. In our draft report we proposed that the ondary benefits such as significant land en- In addition, the project could provide a secretary of the Army direct the Corps to hancement and changed or intensified land large land development company an esti- provide the Congress more detailed informa- use accrue to individuals, businesses, and mated additional $18 million gross income tion concerning the nature of project bene- communities located around a project. These from sales. In 1975 the company transferred fits as required by section 2 of the River and benefits also contribute to increased na- 2,560 . . . Harbor Appropriation Act. We also proposed tional productivity; however, the impact of * * * * * that the Corps clarify its procedures and es- the benefit is much greater to the individual tablish more specific criteria to help the Dis- whose income or property is directly affected CONCLUSIONS trict offices determine when a larger non- or improved. When Federal Water resource develop- Federal share of project cost should be re- Secondly, many of those who read our re- ments were first authorized, the programs quired. ports are not necessarily familiar with the were designed to encourage transportation, Further, in our draft report we proposed Council’s precise definitions which Federal settlement, and economic development of that the Secretary of Agriculture use his dis- agencies use in their planning.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12607 Mr. Chairman, I urge a yes vote; and (6) to consider tax credits and other finan- SEC. 707. STAFF OF COMMISSION; EXPERTS AND I yield back the balance of my time. cial incentives, along with expanded drilling CONSULTANTS. The CHAIRMAN. The question is on in areas such as the Arctic National Wildlife (a) STAFF.— Refuge and offshore, to help promote and es- (1) APPOINTMENT.—The chairman of the the amendment offered by the gen- Commission may, without regard to the civil tleman from New Jersey (Mr. tablish the viability and research of alter- native forms of energy and domestic oil ex- service laws and regulations, appoint and ANDREWS). ploration; terminate an executive director and such The question was taken; and the (7) to prepare and submit to the Congress other personnel as are necessary to enable Chairman announced that the noes ap- and the President a report in accordance the Commission to perform its duties. The peared to have it. with section 709; and employment of an executive director shall be Mr. ANDREWS. Mr. Chairman, I de- (8) to take into account the adverse envi- subject to confirmation by the Commission. mand a recorded vote. ronmental impact of its proposals. (2) COMPENSATION.—The chairman of the The CHAIRMAN. Pursuant to House (b) LIMITATION.—This title shall not permit Commission may fix the compensation of the Resolution 532, further proceedings on the Commission to recommend an increase executive director and other personnel with- the amendment offered by the gen- in taxes or other revenues or import restric- out regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United tleman from New Jersey (Mr. tions on oil or other commodities. SEC. 705. MEMBERSHIP. States Code, relating to classification of po- ANDREWS) will be postponed. (a) NUMBER AND APPOINTMENT.—The Com- sitions and General Schedule pay rates, ex- AMENDMENT OFFERED BY MR. GEKAS mission shall be composed of 9 members as cept that the rate of pay for the executive di- Mr. GEKAS. Mr. Chairman, I offer an follows: rector and other personnel may not exceed amendment. (1) 3 members appointed by the President, the rate payable for level V of the Executive The CHAIRMAN. The Clerk will des- 1 of whom shall be designated as chairman Schedule under section 5316 of that title. ignate the amendment. by the President. (b) EXPERTS AND CONSULTANTS.—The Com- The text of the amendment is as fol- (2) 2 members appointed by the Majority mission may procure temporary and inter- lows: Leader of the Senate. mittent services of experts and consultants (3) 1 member appointed by the Minority under section 3109(b) of title 5, United States Amendment offered by Mr. GEKAS: Code. Page 39, after line 19, insert the following Leader of the Senate. SEC. 708. POWERS OF THE COMMISSION. new title: (4) 2 members appointed by the Speaker of the House of Representatives. (a) HEARINGS AND MEETINGS.—The Commis- TITLE VII—RESOURCE GOVERNANCE (5) 1 member appointed by the Minority sion or, on authorization of the Commission, SEC. 701. SHORT TITLE. Leader of the House of Representatives. a member of the Commission may hold such This title may be cited as the ‘‘National (b) TERM.—Members of the Commission hearings, sit and act at such time and places, Resource Governance Act of 2000’’. shall be appointed for the life of the Commis- take such testimony, and receive such evi- SEC. 702. FINDINGS. sion. dence as the Commission considers appro- Congress finds that— (c) QUORUM.—5 members of the Commission priate. The Commission or a member of the (1) energy prices have risen dramatically, shall constitute a quorum, but a lesser num- Commission may administer oaths or affir- leading to significant harm to particular sec- ber may conduct meetings. mations to witnesses appearing before it. tors of the economy; (d) APPOINTMENT DEADLINE.—The first ap- (b) OFFICIAL DATA.—The Commission may (2) an affordable domestic energy supply is pointments made under subsection (a) shall secure directly from any Federal depart- vital to the continued growth and vitality of be made within 60 days after the date of en- ment, agency, or court information nec- our Nation’s economy; actment of this Act. essary to enable it to carry out this title. (3) an uninterrupted supply of oil and other (e) FIRST MEETING.—The first meeting of Upon request of the chairman of the Com- energy is necessary to protect the United the Commission shall be called by the chair- mission, the head of a Federal department or States national security interests; and man and shall be held within 90 days after agency or chief judge of a Federal court shall (4) the United States continued dependence the date of enactment of this Act. furnish such information to the Commission. on foreign sources of energy, particularly on (f) VACANCY.—A vacancy on the Commis- (c) FACILITIES AND SUPPORT SERVICES.—The the Organization of Petroleum Exporting sion resulting from the death or resignation Administrator of General Services shall pro- Countries (OPEC), for the majority of its pe- of a member shall not affect its powers and vide to the Commission on a reimbursable troleum and energy needs is harmful to our shall be filled in the same manner in which basis such facilities and support services as national security and will not guarantee the original appointment was made. the Commission may request. Upon request lower fuel prices and protect our economy. (g) CONTINUATION OF MEMBERSHIP.—If any of the Commission, the head of a Federal de- SEC. 703. ESTABLISHMENT OF COMMISSION. member of the Commission who was ap- partment or agency may make any of the fa- There is established the National Energy pointed to the Commission as a Member of cilities or services of the agency available to Self-Sufficiency Commission (in this title re- Congress or as an officer or employee of a the Commission to assist the Commission in ferred to as the ‘‘Commission’’). government leaves that office, or if any carrying out its duties under this title. SEC. 704. DUTIES OF COMMISSION. member of the Commission who was not ap- (d) EXPENDITURES AND CONTRACTS.—The (a) DUTIES.—The duties of the Commission pointed in such a capacity becomes an offi- Commission or, on authorization of the Com- are— cer or employee of a government, the mem- mission, a member of the Commission may (1) to investigate and study issues and ber may continue as a member of the Com- make expenditures and enter into contracts problems relating to issues involving the im- mission for not longer than the 90-day period for the procurement of such supplies, serv- portation of and dependence on foreign beginning on the date the member leaves ices, and property as the Commission or sources of energy; that office or becomes such an officer or em- member considers appropriate for the pur- (2) to evaluate proposals and current ar- ployee, as the case may be. poses of carrying out the duties of the Com- rangements with respect to such issues and SEC. 706. COMPENSATION. mission. Such expenditures and contracts problems with the goal of seeking out ways (a) PAY.— may be made only to such extent or in such to make the United States self-sufficient in (1) NONGOVERNMENT EMPLOYEES.—Each amounts as are provided in appropriation the production of energy by the year 2010; member of the Commission who is not other- Acts. (3) to explore whether alternate sources of wise employed by the United States Govern- (e) MAILS.—The Commission may use the energy such as ethanol, solar power, elec- ment shall be entitle to receive the daily United States mails in the same manner and tricity, natural gas, coal, hydrogen, wind en- equivalent of the annual rate of basic pay under the same conditions as other Federal ergy, and any other forms of alternative payable for level IV of the Executive Sched- departments and agencies of the United power sources should be considered, includ- ule under section 5315 of title 5, United States. ing other potential and actual sources; States Code, for each day (including travel (f) GIFTS.—The Commission may accept, (4) to investigate the affordability of oil time) during which he or she is engaged in use, and dispose of gifts or donations of serv- exploration and drilling in areas which cur- the actual performance of duties as a mem- ices or property. rently are not being used for drilling, wheth- ber of the Commission. SEC. 709. REPORT. er because of the cost of doing so, because of (2) GOVERNMENT EMPLOYEES.—A member of The Commission shall submit to the Con- current law, or because of environmental the Commission who is an officer or em- gress and the President a report not later regulation that may prohibit such drilling; ployee of the United States Government than 2 years after the date of its first meet- (5) to appear at any congressional over- shall serve without additional compensation. ing. The report shall contain a detailed sight hearing before the proper congressional (b) TRAVEL.—Members of the Commission statement of the findings and conclusions of oversight committee to testify as to the shall be reimbursed for travel, subsistence, the Commission, together with its rec- progress and operation of the Commission and other necessary expenses incurred by ommendations for such legislative or admin- and its findings; them in the performance of their duties. istrative action as it considers appropriate.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12608 CONGRESSIONAL RECORD—HOUSE June 27, 2000 SEC. 710. TERMINATION. and recommend it to the Congress and Therefore, I must insist on the point The Commission shall cease to exist on the bring it about so that our people will of order. I hate to do that to one of my date that is 30 days after the date on which have no need any longer to depend on dear colleagues and classmates, but if I it submits its report under section 709. foreign oil. made an exception here, I would have SEC. 711. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated Mr. Chairman, this amendment is to make it in many, many other cases. $3,500,000 to carry out this title for each fis- one that is bred of common sense. I Mr. GEKAS. Mr. Chairman, may I be cal year for the duration of the Commission. have noticed that over the last 6 or 7 heard on the point of order? Mr. PACKARD. Mr. Chairman, I re- weeks, piece by piece, the administra- The CHAIRMAN. The gentleman may serve a point of order. tion is moving ever more closely to the be heard. The CHAIRMAN. The gentleman adoption of some of the facets of what Mr. GEKAS. I may be heard, but I from California (Mr. PACKARD) reserves I have been speaking of. may be heard agreeing with the gen- tleman from California, that it indeed a point of order. b 2100 The Chair recognizes the gentleman is out of order. For instance, right after I introduced from Pennsylvania (Mr. GEKAS). So, with a song in my heart, I with- Mr. GEKAS. Mr. Chairman, I thank a bill and others started talking about draw the amendment. the Chair, but I do not thank my Alaskan exploration, Joe Lockhart of The CHAIRMAN. Without objection, friend, the gentleman from California, the White House denounced it as being the amendment is withdrawn. for reserving a point of order, but I un- something that the White House would There was no objection. derstand. not be interested in developing. Mr. VISCLOSKY. Mr. Chairman, I There is no question about it, I say to Very recently, little bits and pieces move to strike the last word. my colleagues, that the current crisis have come out of the White House Mr. Chairman, I want to use this and all the crises that came before it where the exploration of ANWR seems time to engage in a colloquy with the with respect to the rising tide of prices more feasible now. Where 7 months ago gentlewoman from Florida (Ms. for gas at the pump have come about and a year ago there was no talk of tax BROWN). because of our dependence on foreign credits for domestic drilling, now drib- Ms. BROWN of Florida. Mr. Chair- oil. That is the short and the tall of it. bles of information coming out of the man, will the gentleman yield? We are dependent for our sustenance in White House indicate that they could, Mr. VISCLOSKY. I yield to the gen- this country on foreign oil; more than yes, indulge in some tax credits for do- tlewoman from Florida. 55 percent of it comes from other coun- mestic drilling. Ms. BROWN of Florida. Mr. Chair- tries. We can do it, I say to my colleagues. man, I have an amendment at the desk What does that mean? It means that We can enforce a speed-up program of that I am going to withdraw, but I hope our energy policy as a Nation is re- development of our own resources, and that the ranking member and the com- duced to sending an ambassador to the fairly soon we will see that OPIC will mittee will work with me to get it in foreign countries involved, to OPEC in be out of the question as a menacing conference. particular, to beg them to produce feature of our existence today, because I have had several Members call me more oil. Our policy is, please sell us that is what it is. It is endangering our concerning my amendment because more oil. Please produce more oil. That national security, it endangers our do- they think it is so appropriate at this is intolerable, and it is embarrassing to mestic security, and prevents us from time. I would like to take a moment to the greatness of our Nation to have to doing what Americans do best, to be discuss this amendment. so depend. self-sufficient, to be independent of for- Mr. Chairman, independent truckers So my amendment is one which will eign influences, to be independent of in my home State of Florida have expe- allow ourselves to pledge as a Nation the need to look to other countries to rienced difficulty earning an honest that within 10 years, we will become sustain our way of life. living as a result of the escalating gas self-sufficient in energy. How? By ap- Our way of life is important enough prices. The average independent truck- pointment now of a nine-member, blue and precious enough that if we can put ers earn roughly $35,000 a year. With ribbon commission, much like the one our minds to it, we will preserve it and the cost of the fuel skyrocketing, these that was appointed and worked to save enhance our way of life with energy independent truckers spend approxi- Social Security in the 1970s and 1980s independence for all time. mately $15,000 a year on fuel. As a re- and which did save the then tottering I ask the gentleman from California sult, they are faced with making in- Social Security program. This blue rib- (Mr. PACKARD) to reconsider his inten- credibly tough decisions that impact bon commission would be empowered tion to raise a point of order. This is their ability to take care of their fami- to look at every conceivable source of too vital for that. lies. Almost half of their income goes domestic, self-induced and self-pre- POINT OF ORDER to gas. pared energy for the use of our people. The CHAIRMAN. Does the gentleman As recently as last week, a con- This would include, of course, the Alas- from California (Mr. PACKARD) insist stituent called my office to tell me kan oil fields, the ANWR reserves. It on his point of order? that his truck will be repossessed soon. would include tax incentives for do- Mr. PACKARD. Mr. Chairman, I must It is sitting in the front of his house mestic drilling. It would include explo- insist on the point of order. idle because he simply cannot afford ration of natural gas and solar energy The CHAIRMAN. The gentleman the cost of the fuel. At one point his and water energy and ethanol and from California is recognized to speak wife, who was a homemaker, had to every other conceivable type of energy on the point of order. leave their children and take a second that has been proved to be somewhat, Mr. PACKARD. Mr. Chairman, this is job just so her husband could afford to if not greatly, sufficient and efficient absolutely legislating on an appropria- purchase fuel. for the uses of our people. tions bill. I make a point of order that This amendment is an attempt to This commission would report back, the amendment violates clause 2(c) of emphasize the importance and urgency and then we would be on the road to rule XXI, which provides that an of the problem. In addition to giving self-sufficiency within 10 years. Does amendment to a general appropriations the President the authority to tap into that sound spectacularly narrow in its bill is not in order if it changes exist- the petroleum reserve, we should be ag- scope within 10 years to be self-suffi- ing law. gressively engaging in research that al- cient? We went to the moon in 10 years; The rule states very clearly, ‘‘An lows us to use cost-efficient alternative we now have discovered there is water amendment to a general appropriations energy. The intent is to decrease our on Mars, and no one can tell me that if bill shall not be in order if changing ex- dependency on foreign oil so in the fu- we did not focus on this crisis after cri- isting law.’’ The amendment authorizes ture Americans will not be subject to sis type of situation, that we could not the creation of a new commission, and the ups and downs of the crude oil mar- complete a program within 10 years is clearly in violation of the rule. ket.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12609 As the administration pointed out, ‘‘(b) DEFINITION OF MARGINAL WELL.—The which the President determines to merit a with mounting evidence of global cli- term ‘‘marginal well’’ means a well that— release from the Reserve. mate change and concerns over oil ‘‘(1) has an average daily production of 15 ‘‘(b) Within 45 days of the date of the en- actment of this section, the Secretary shall prices, the DOE’s renewable energy barrels or less; ‘‘(2) has an average daily production of 25 transmit to the President and, if the Presi- budget is $11 million below the current barrels or less with produced water account- dent approves, to the Congress a plan de- appropriation, and $106 million, or 23 ing for 95 percent or more of total produc- scribing— percent, below the President’s request. tion; or ‘‘(1) the acquisition of storage and related This shortsightedness undercuts our ‘‘(3) produces heavy oil with an API grav- facilities or storage services for the Reserve; Nation’s efforts to implement a 21st ity less than 20 degrees.’’. ‘‘(2) the acquisition of petroleum distillate century energy policy. (2) CONFORMING AMENDMENT.—The table of for storage in the Reserve; I understand that the point of order contents for the Energy Policy and Con- ‘‘(3) the anticipated methods of disposition is important, but we have a responsi- servation Act is amended by inserting after of petroleum distillate from the Reserve; and the item relating to section 168 the fol- ‘‘(4) the estimated costs of establishment, bility in Congress to do our part to lowing: maintenance, and operation of the Reserve. make sure that our energy policy is ‘‘Sec. 169. Purchase of oil from marginal The storage of petroleum distillate in a stor- pro-American, and making sure that wells.’’. age facility that meets existing environ- we are not dependent upon foreign oil. (c) NORTHEAST HOME HEATING OIL RE- mental requirements is not a ‘major Federal I thank the gentleman very much for SERVE.— action significantly affecting the quality of giving me the opportunity to discuss (1) AMENDMENT.—Title I of the Energy Pol- the human environment’ as that term is used this issue. I am hoping that on this icy and Conservation Act is amended by— in section 102(2)(C) of the National Environ- amendment, we can work as we go to (A) redesignating part D as part E; mental Policy Act of 1969. conference and it can be included. (B) redesignating section 181 as section 191; ‘‘NORTHEAST HOME HEATING OIL RESERVE Mr. VISCLOSKY. I appreciate the and ACCOUNT (C) inserting after part C the following new ‘‘SEC. 184. (a) Upon a decision of the Sec- gentlewoman’s commitment to her part D: constituents, and also, in terms of her retary of Energy to establish a Reserve ‘‘PART D—NORTHEAST HOME HEATING OIL under this part, the Secretary of the Treas- attempt in trying to begin to solve the RESERVE ury shall establish in the Treasury of the energy crisis we face in this country. I ‘‘ESTABLISHMENT United States an account know as the do look forward to working with the ‘‘SEC. 181. (a) Notwithstanding any other ‘Northeast Home Heating Oil Reserve Ac- gentlewoman on this issue as we ap- provision of this Act, the Secretary may es- count’ (referred to in this section as the ‘Ac- proach conference, but obviously I can- tablish, maintain, and operate in the North- count’). not make a commitment to the gentle- east a Northeast Home Heating Oil Reserve. ‘‘(b) The Secretary of the Treasury shall woman here on the House floor. Again, A Reserve established under this part is not deposit in the Account any amounts appro- a component of the Strategic Petroleum Re- priated to the Account and any receipts from I do appreciate the gentlewoman rais- the sale, exchange, or other disposition of pe- ing the issue this evening. serve established under part B of this title. A Reserve established under this part shall troleum distillate from the Reserve. AMENDMENT OFFERED BY MR. SHERWOOD contain no more than 2 million barrels of pe- ‘‘(c) The Secretary of Energy may obligate Mr. SHERWOOD. Mr. Chairman, I troleum distillate. amounts in the Account to carry out activi- offer an amendment. ‘‘(b) For the purposes of this part— ties under this part without the need for fur- The CHAIRMAN pro tempore (Mr. ‘‘(1) the term ‘Northeast’ means the States ther appropriation, and amounts available to the Secretary of Energy for obligation under LAHOOD). The Clerk will designate the of Maine, New Hampshire, Vermont, Massa- chusetts, Connecticut, Rhode Island, New this section shall remain available without amendment. fiscal year limitation. The text of the amendment is as fol- York, Pennsylvania, and New Jersey; and ‘‘(2) the term ‘petroleum distillate’ in- ‘‘EXEMPTIONS lows: cludes heating oil and diesel fuel. ‘‘SEC. 185. An action taken under this Amendment printed in House Report 106– ‘‘AUTHORITY part— 701 offered by Mr. SHERWOOD: ‘‘SEC. 182. To the extent necessary or ap- ‘‘(1) is not subject to the rulemaking re- Page 39, lines 6 through 19, amend section propriate to carry out this part, the Sec- quirements of section 523 of this Act, section 606 to read as follows: retary may— 501 of the Department of Energy Organiza- SEC. 606. (a) ENERGY POLICY AND CONSERVA- ‘‘(1) purchase, contract for, lease, or other- tion Act, or section 553 of title 5, United TION ACT AMENDMENTS.—The Energy Policy wise acquire, in whole or in part, storage and States Code; and and Conservation Act is amended— related facilities, and storage services; ‘‘(2) is not subject to laws governing the (1) by amending section 166 (42 U.S.C. 6246) ‘‘(2) use, lease, maintain, sell, or otherwise Federal procurement of goods and services, to read as follows: dispose of storage and related facilities ac- including the Federal Property and Adminis- ‘‘AUTHORIZATION OF APPROPRIATIONS quired under this part; trative Services Act of 1949 (including the ‘‘SEC. 166. There are authorized to be ap- ‘‘(3) acquire by purchase, exchange (includ- Competition in Contracting Act) and the propriated for fiscal years 2000 through 2003 ing exchange of petroleum product from the Small Business Act.’’. such sums as may be necessary to implement Strategic Petroleum Reserve or received as (2) AUTHORIZATION OF APPROPRIATIONS.— this part.’’; royalty from Federal lands), lease, or other- There are authorized to be appropriated such (2) in section 181 (42 U.S.C. 6251) by striking wise, petroleum distillate for storage in the sums as may be necessary to carry out part ‘‘March 31, 2000’’ both places it appears and Northeast Home Heating Oil Reserve; D of title I of the Energy Policy and Con- inserting ‘‘September 30, 2003’’; and ‘‘(4) store petroleum distillate in facilities servation Act. (3) in section 281 (42 U.S.C. 6285) by striking not owned by the United States; The CHAIRMAN pro tempore. Pursu- ‘‘March 31, 2000’’ both places it appears and ‘‘(5) sell, exchange, or otherwise dispose of ant to House Resolution 532, the gen- inserting ‘‘September 30, 2003’’. petroleum distillate from the Reserve estab- (b) PURCHASE OF OIL FROM MARGINAL lished under this part; and tleman from Pennsylvania (Mr. WELLS.— ‘‘(6) notwithstanding paragraph (5), on SHERWOOD) and a Member opposed each (1) PURCHASE OF OIL FROM MARGINAL terms the Secretary considers reasonable, will control 15 minutes. WELLS.—Part B of Title I of the Energy Pol- sell, exchange, or otherwise dispose of petro- The Chair recognizes the gentleman icy and Conservation Act (42 U.S.C. 6232 et leum distillate from the Reserve established from Pennsylvania (Mr. SHERWOOD). seq.) is amended by adding the following new under this part in order to maintain the Mr. SHERWOOD. Mr. Chairman, I section after section 168: quality or quantity of the petroleum dis- yield myself such time as I may con- ‘‘PURCHASE OF OIL FROM MARGINAL WELLS tillate in the Reserve or to maintain the sume. ‘‘SEC. 169. (a) IN GENERAL.—From amounts operational capability of the Reserve. Mr. Chairman, my amendment sim- authorized under section 166, in any case in ‘‘CONDITIONS FOR RELEASE; PLAN ply substitutes the language in Section which the price of oil decreases to an amount ‘‘SEC. 183. (a) The Secretary may release 606, which contains a 1-year reauthor- less than $15.00 per barrel (an amount equal petroleum distillate from the Reserve under ization of the Strategic Petroleum Re- to the annual average well head price per section 182(5) only in the event of— barrel for all domestic crude oil), adjusted ‘‘(1) a severe energy supply disruption; serve, with the text of H.R. 2884, which for inflation, the Secretary may purchase oil ‘‘(2) a severe price increase; or passed the House 416 to 8. from a marginal well at $15.00 per barrel, ad- ‘‘(3) another emergency affecting the This House-passed bill reauthorizes justed for inflation. Northeast, the Strategic Petroleum Reserve

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12610 CONGRESSIONAL RECORD—HOUSE June 27, 2000 through fiscal year 2003. Additionally, supply. I strongly urge the Secretary of or in the other body, offered an amend- it provides new discretion for the Sec- Energy to utilize the new authority ment for a 1-year extension of the Stra- retary of Energy to purchase oil from given him with the establishment of tegic Petroleum Reserve that was es- marginal domestic wells known as the Northeast Heating Oil Reserve and sentially unanimously agreed to by the stripper wells when the average market the reauthorization of the Strategic committee. price falls below $15 per barrel. Petroleum Reserve, to use these re- Under the amendment, her language Finally, it provides new authority for serves as pressure release valves during stripped out ‘‘and a full 3-year author- the Secretary of Energy to disburse energy crises. ization is entered into.’’ home heating oil from any future Support of this measure is a step in Again, I support what the gentleman Northeast Home Heating Oil Reserve the right direction towards solving our is doing. I would simply encourage peo- during a national emergency, a re- current gas price crisis, which we are ple to remember that the gentlewoman gional emergency. all suffering through. It is simple: The from Michigan (Ms. KILPATRICK) was The Northeast Heating Oil Reserve, more domestic oil supply capacity we active on this issue and offered her which will be a separate entity from can maintain, the lower the prices will amendment a week ago. The gentleman the Strategic Petroleum Reserve, will be at the pump. from Vermont (Mr. SANDERS) was de- be authorized to contain no more than I urge my colleagues to vote for this nied on a two-vote margin in this 2 million barrels of petroleum dis- bipartisan, prudent, and timely meas- House funding for one of the propo- tillate. Additionally, the reserve may ure so that relief can be brought to the sitions the gentleman put forth, and a be employed during severe energy dis- pocketbook of the American consumer. majority in the other body, again, re- ruptions, extreme price hikes, or when In closing, I would like to thank the fuses to act. the President determines an energy gentleman from Texas (Mr. BARTON) I appreciate again the gentleman’s emergency merits its use in the North- and the gentleman from Massachusetts initiative, but there is, again, bipar- east. (Mr. MARKEY) for all their hard work in tisan support for what is taking place The bottom line is that this amend- crafting this legislation, and the gen- here tonight. ment will help to preserve and enhance tleman from Vermont (Mr. SANDERS) Mr. Chairman, I reserve the balance our domestic energy-producing infra- for his leadership on the issue. of my time. structure, and help provide reasonably- I urge passage of this very common- Mr. SHERWOOD. Mr. Chairman, I priced home heating fuel oil during sense, bipartisan amendment. yield 3 minutes to the gentleman from supply shortages. Mr. Chairman, I reserve the balance Texas (Mr. BARTON). It is simple, having more domestic of my time. Mr. BARTON of Texas. Mr. Chair- oil production and supply capacity will Mr. VISCLOSKY. Mr. Chairman, I man, I thank the gentleman from result in lower prices at the pump and would seek to claim the time, on the Pennsylvania for offering this amend- less dependence on foreign oil. understanding that no other Member is ment. It is similar to an amendment This last winter we in the Northeast seeking the time in opposition. that we reported out of the Sub- were feeling the economic sting of an The CHAIRMAN. Without objection, committee on Energy and Power on a oil crisis due to high heating oil and the gentleman from Indiana (Mr. bipartisan basis. diesel prices. That was our first warn- VISCLOSKY) is recognized for 15 min- Mr. Chairman, it was debated and ing. Now, with severely increased gaso- utes. voted on in the House, and passed I line prices across the Nation, the rest There was no objection. think in the neighborhood of 400 votes of the country is feeling the pain that Mr. VISCLOSKY. Mr. Chairman, I for and five or six votes against. It is we in the Northeast have experienced yield myself such time as I may con- an amendment that is in conference for several months. sume. now with the Senate on the reauthor- The question on everyone’s mind is, Mr. Chairman, as I indicated on the ization of the Strategic Petroleum Re- why did we not see this coming, and remarks on the rule earlier, we find serve and the Energy Policy Conserva- why were we not prepared to meet it? I ourselves with an amendment that I do tion Act of 1992. am here today to work with the Mem- support that the gentleman from Penn- It is a classic compromise in that it bers in this Chamber to find the an- sylvania (Mr. SHERWOOD) has offered. has the heating oil reserve in the swers to these questions; also, to make But I would want to remind Members Northeast, which would be filled most sure that we will never be held hostage of the history of this House in legisla- likely with fuel oil. It has for the again by Middle East oil princes. These tive action over the last several weeks. Southwest in the production region the are the same friends for whom a decade First of all, we had an amendment ability for the Secretary of Energy to ago we risked the lives of our sons and that was offered by the gentleman from purchase stripper well oil, which is oil daughters to protect against Iraqi ag- Vermont (Mr. SANDERS) to the Interior that comes from wells that produce gression. bill about a week ago. His proposal was less than 10 barrels a day when the The bottom line, and this is probably essentially to fund the Northeast Home price of oil falls below $15 a barrel on the most important thing that will be Heating Oil Reserve that the gen- the world market, if that would ever said tonight, is that we lack a coherent tleman would seek authorization for in happen again. national energy policy to insulate us his legislation. The amendment of the from the volatility of these markets. gentleman from Vermont (Mr. b 2115 During the 1998–1999 time frame, our SANDERS) was defeated by two votes in So we get something for the produc- Nation lost 500,000 barrels of produc- this body literally a week ago. tion sector; we get something for the tion capacity every day due to the fail- Additionally, this body has essen- consuming sector. It is bipartisan. It ure of marginal stripper wells to be tially already passed through the au- passed the House overwhelmingly ear- economically viable. This amendment thorization process the amendment lier this year. allows the Secretary of Energy to pur- that the gentleman has already put Mr. Chairman, I want to commend chase oil from stripper wells when forth, so we are for a second time now again the gentleman from Pennsyl- prices are low so they can adequately stating a proposition that to date the vania (Mr. SHERWOOD) for offering it to- operate during extreme price drops, majority in the other body has refused night, and I hope that we would adopt and our Nation’s new heating oil re- to act on. it unanimously. serve can be filled more cheaply. I would further point out that in full Mr. VISCLOSKY. Mr. Chairman, I re- This is an excellent bill which will committee, when the energy and water serve the balance of my time. help maintain the Nation’s oil produc- bill was considered during the past Mr. SHERWOOD. Mr. Chairman, I tion capacity when prices are low, and week, the gentlewoman from Michigan yield 1 minute to the distinguished provide relief to homeowners when (Ms. KILPATRICK), in trying to break gentleman from New York (Mr. heating prices are high and in short this logjam, whether it be in this body BOEHLERT).

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12611 Mr. BOEHLERT. Mr. Chairman, I rise enough. We need to look these policies Mr. BOEHLERT. Mr. Chairman, will in strong support of the Sherwood-Mar- over down the road and develop a very the gentleman yield? key-Barton Energy and Water amend- comprehensive energy policy. Mr. SHERWOOD. I yield to the gen- ment. It just makes so much sense. I Mr. Chairman, how much time do I tleman from New York. would say in a Nation like ours where have remaining? Mr. BOEHLERT. Mr. Chairman, I am we had a condition like we did this past The CHAIRMAN pro tempore (Mr. just reading the handout that our col- winter, shame on us for not having LAHOOD). The gentleman from Penn- leagues will be getting as this vote is something available that could meet sylvania has 5 minutes remaining. taken, and I want to call everyone’s at- the urgent and pressing needs of Amer- Mr. VISCLOSKY. Mr. Chairman, I re- tention to a particular paragraph. It ican families. serve the balance of my time. reads: ‘‘When prices are high in the In the Northeast, it was devastating. Mr. SHERWOOD. Mr. Chairman, I northeast, which uses a lot of home We had families that could not afford yield myself such time as I may con- heating oil, the Secretary of Energy to pay the heating bill. We had families sume. may,’’ not must, but may, ‘‘disburse Mr. Chairman, this is going to be a that were suffering because of the fail- home heating oil from a reserve.’’ national debate that is going to take ure on the part of so many who they This reserve, as we all know all too awhile. Tonight might be the start of have every right to expect to be re- well, does not exist today, although that. People in my district certainly sponsive to their needs; and quite current law allows it. This amendment cannot put in another winter like we frankly, we just were not. would authorize the creation of a had last winter. I do not think people This is an amendment that will ad- Northeast reserve of up to 2 million in Chicago want to put in another sum- dress that need in a very responsible barrels and allow it to be tapped during mer like they are having right now way. And as the gentleman from Texas a regional emergency. And I thank the with $2.50 gasoline. We do not want to (Mr. BARTON), my friend who preceded gentleman for yielding me this time. go back to $2.60 diesel fuel. These are me, said, this is a delicate compromise That is a very important observation. problems that we have got to address. Mr. SHERWOOD. Mr. Chairman, how that has been worked out on a bipar- We have got to make sure that we do tisan basis. It is something that, for all much time do I have remaining? not have artificial barriers to the The CHAIRMAN pro tempore. The the right reasons, deserves our very movement of product throughout the strong support. I ask my colleagues to gentleman from Pennsylvania (Mr. various regions of the country. The re- SHERWOOD) has 1 minute remaining. do just that, give it strong support. formulated product for different air Mr. VISCLOSKY. Mr. Chairman, I re- Mr. SHERWOOD. Mr. Chairman, I quality standards has made it very dif- yield 1 minute to the gentleman from serve the balance of my time. ficult for the big oil companies to move Mr. SHERWOOD. Mr. Chairman, I New York (Mr. LAZIO). product from one part of the country Mr. VISCLOSKY. Mr. Chairman, I as- yield myself such time as I may con- to the other, and that leads to regional sume the gentleman from Pennsyl- sume. dislocations like we have in Chicago at vania has the right to close. So he Mr. Chairman, this winter we had se- the present time. vere price disruptions in the Northeast would use his time to close? We have to have more refinery capac- The CHAIRMAN pro tempore. The that would be almost unbelievable if ity. Some of our areas of the country gentleman from Indiana (Mr. we had not experienced them. In a pe- that are complaining about high heat- VISCLOSKY) has the right to close. riod of 60 days, home heating oil, which ing oil prices and high gasoline prices The gentleman from New York (Mr. all the old people depend on in the have not allowed refineries to be built. LAZIO) is recognized for 1 minute. Northeast, we do not have any gas So we have to have a comprehensive Mr. LAZIO. Mr. Chairman, I want to mains and home heating oil is the discussion that includes the environ- begin by thanking the gentleman from heating source of choice, went from 80 mentalists, includes the oil companies, Pennsylvania (Mr. SHERWOOD) for his cents a gallon to $1.80 a gallon. People includes the consumers and distribu- leadership on this issue which address- could not fund that in their budgets. tors so that we get a comprehensive es a crisis that is facing the Northeast: Diesel fuel for trucks and tractors national oil policy. high gas prices and high fuel prices. and farm equipment and snowmobiles We are being held hostage now to We experienced this during the win- and school buses went from $1.30 to some items that have come up, because ter when many of our most vulnerable $2.60 per gallon. Now, there is no real we have not addressed them for the fu- citizens, our seniors, our disabled, understandable reason for a price spike ture. It will take awhile, but we cannot those in rural America were suffering of this magnitude. What happened, we just blunder off into the future like we the most. Many of us have been calling had a little shortage and then because have in the last few years. for immediate relief, including the roll- there was a shortage, they got specu- I think we were lulled to sleep by the back of the 4.3-cent Clinton-Gore gas lating on the New York Merc and this fact that world demand was low, and tax at the gas pump. price was run up to double its historic we had historically low oil prices here But this method of creating a re- record and double what we were expect- in the U.S. Because we had historically gional reserve will help address an ing for the winter. low oil prices, nobody wanted to do issue, that has been a dramatic prob- Mr. Chairman, the purpose of my anything about a policy. Well, that bit lem, in the years ahead. The ability to amendment is to put some things in us this winter. It is biting us this sum- try and provide more liquidity in the place that will help this from hap- mer. And if we do not get a comprehen- market, to lance the boil of insuffi- pening again. If we could keep these sive policy, we will continue to have cient supply of oil, especially in our stripper wells in production during these oil spikes. Northeast area that is so dependent on low-price periods, we will have that The two features of my amendment both oil for transportation and for much more domestic production. If we will help. But we need to do more than home fuel oil. can have the Northeast Heating Re- that. We need to have a comprehensive Mr. Chairman, I want to thank the serve, that will be some hedge against policy. I appreciate this opportunity gentleman from Pennsylvania, and I this happening again. this evening to speak on this issue. It urge our colleagues to support this These are things that we need to do. is something that we need to continue amendment. We need to become more self-sufficient. to discuss, and we need to get our na- Mr. VISCLOSKY. Mr. Chairman, I I think that is a much bigger discus- tional oil policy that brings all the yield 2 minutes to the gentleman from sion for another day. But we have to stakeholders into play so that when Connecticut (Mr. MALONEY). look at our drilling policies and find this comes together, it will make Mr. MALONEY of Connecticut. Mr. out how we got in this position where sense. It will make sense environ- Chairman, I thank the gentleman from we have all of these reserves, but we do mentally, and it will make sense to the Indiana for yielding me this time. not have refinery capacity enough and producers and the consumers in the Mr. Chairman, I rise to express my we do not have drilling capacity country. strong support for this amendment,

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12612 CONGRESSIONAL RECORD—HOUSE June 27, 2000 which is modeled in large part after I support this amendment, but my assure that we can make the Reserve a legislation that I and many of my col- concern, as always, is that we try to reality. leagues introduced earlier this year. play politics with these issues when I urge adoption of this bipartisan This amendment will not only pro- families in my part of the country and amendment. vide relief to residents in the Northeast families in other parts of the country ANNOUNCEMENT BY THE CHAIRMAN PRO through the creation of a regional are suffering because, in fact, the Re- TEMPORE home heating oil reserve, it will give publican leadership has not allowed us The CHAIRMAN pro tempore (Mr. the President the authority he needs to to create an energy policy in this coun- LAHOOD). The Chair was in error a release oil from the Strategic Petro- try. It fails to reduce our dependence minute ago in stating that the gen- leum Reserve to have an impact on the on oil. tleman from Indiana (Mr. VISCLOSKY) market price. That is the direction that we need to had the right to close. Since he is not As the price of gasoline reaches $2 a move in. We need to support this opposed to the amendment, the gen- gallon in Connecticut and $2.50 across amendment tonight. But we also need tleman from Pennsylvania has the the Midwest, there is no better time to to do something about solar renewable right to close. address this issue. My constituents and energy. We also need to do something Without objection, the Chair will ex- families across the Northeast have about providing the opportunity for an tend to each side 1 additional minute. been hit with high gasoline prices; and energy policy that meets the needs of The gentleman from Pennsylvania (Mr. if we do not act, they will face high the people in this country. SHERWOOD), at the conclusion, will heating bills during the cold winter Mr. VISCLOSKY. Mr. Chairman, I have 1 minute remaining to close. We months ahead. If this crisis is not ad- yield 2 minutes to the gentleman from will add 1 minute on the time of the dressed now, the situation will only be- New Jersey (Mr. PALLONE). gentleman from Indiana (Mr. VIS- come worse. Most importantly, the Mr. PALLONE. Mr. Chairman, I rise CLOSKY), so he has 8 minutes remain- seniors and others in my district who on behalf of the gentleman from Massa- ing. live on fixed incomes cannot afford chusetts (Mr. MARKEY) and myself in Mr. VISCLOSKY. Mr. Chairman, that these high prices. Having to choose be- support of the Sherwood-Markey-Bar- is perfect. I appreciate the Chair’s tween heating their home and other ton amendment to reauthorize the En- courtesy. life necessities is simply unacceptable. ergy Policy and Conservation Act and Mr. Chairman, I yield 21⁄2 minutes to Mr. Chairman, I say to my col- establish the Northeast Home Heating the gentleman from New Jersey (Mr. leagues, this crisis has gone on already Oil Reserve. MENENDEZ). far too long. We have the means; we On April 12 of this year, the House Mr. MENENDEZ. Mr. Chairman, I have the ability to solve this problem. overwhelmingly approved the Energy rise to support the Markey amend- Let us act, and let us act now. Policy Conservation Act reauthoriza- ment, and I certainly believe that this Mr. VISCLOSKY. Mr. Chairman, I tion by a vote of 416 to 8. This bill in- is a step in the right direction. yield 2 minutes to the gentlewoman cluded language that the gentleman Exorbitant gasoline prices are clearly from Connecticut (Ms. DELAURO). from Massachusetts (Mr. MARKEY) au- a problem as we begin the summer sea- b 2130 thored to provide for the establishment son. I am even more concerned about Ms. DELAURO. Mr. Chairman, this of the heating oil reserve in the North- home heating oil costs for next winter. past winter, families across the North- east. Unfortunately, these provisions In fact, the current inventory for home east saw their budget stretched to the have languished at the hands of the Re- heating oil on the East Coast is 40 per- limit by skyrocketing home heating oil publican leadership in the Senate. The cent lower than at this time last year. costs. Over 50 percent of families in administration supports these provi- We Democrats have called for urgent Connecticut depend on oil to heat their sions, and these provisions have bipar- action on several fronts. We have asked homes in the winter months. For mid- tisan support here in the House. the Federal Trade Commission to expe- dle-class working families in my State The Democrats and some House Re- dite its investigation into price and throughout the Northeast, the in- publicans are working to address our gouging on the part of oil companies. crease in home heating oil prices broke high gas and heating oil prices by Major oil companies have nearly tri- the bank. crafting bipartisan solutions. Unfortu- pled their profits as a result of these I received thousands of calls from my nately, some members of the Repub- price increases, from $4.5 billion in constituents asking for help. For exam- lican leadership are using tactics to profits in the first 3 months of 1999 to ple, I received a call from Thomas prevent this Congress from imple- more than $12 billion in the same pe- Marcarelli of East Haven. He has a menting a long-term energy strategy, riod this year. family with four children, ages three, one that will provide real energy secu- Democrats have also urged the Re- six, seven and nine. In order to pay for rity for all Americans. publican leadership and Congress to heating oil, he has had to send in his This legislation would give the Presi- show some leadership and renew the mortgage payment late, cut back on dent the flexibility that he needs to Strategic Petroleum Reserve. This is a his family’s groceries, and drop his create a Northeast heating oil reserve key tool in our Nation’s energy secu- thermostat by 10 degrees with children and release the heating oil from this rity, and the President must have the in the house to stretch out his supply. reserve in the event we have a repeti- authority to release or exchange oil re- It appears that Mr. Marcarelli and tion of the type of severe price spikes, serves from the SPR. his family and families across the supply disruptions or severe weather Finally, we have called on the Con- Northeast may face another very cold situations that we saw last winter gress to authorize the Northeast Oil season. This winter they are esti- which drove home heating oil prices Reserve. mating that home heating oil will in- way up. I am glad that we have finally gotten crease by another 10 percent. This provision helped assure that as our colleagues in the majority to move My concern is, and I support this we are reauthorizing EPCA, that we in this direction, despite all of our pre- amendment, but we had an opportunity are addressing both the needs of the vious efforts to get them to move in several weeks ago with the gentleman producing States, who are worried that direction. But we must also under- from Vermont (Mr. SANDERS) when he about what happens when prices go too stand that the Republican leadership is offered such an amendment and was de- low, and the consuming States, who also responsible and has failed to pro- feated by two votes. In terms of allow- worry about what happens when prices vide Americans with energy security. ing the President the authority to re- get too high. It has failed to reauthorize the Stra- lease the Strategic Petroleum Reserve, So if my colleagues voted aye for tegic Petroleum Reserve to date. It has the gentlewoman from Michigan (Ms. H.R. 2884, the EPCA reauthorization to failed to fund research and develop- KILPATRICK) offered this amendment in create a Northeast Home Heating Oil ment into alternative fuels and energy committee just a few days ago. Reserve, they should vote aye today to efficiency.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12613 In fact, in the past 5 years, Repub- According to a 1998 Department of Mr. Chairman, we all know what hap- licans in Congress have funded only 12 Energy report, the creation of a home pened last year. Home heating oil percent of the administration’s request heating oil reserve will be an effective prices were the highest they have ever for new investments in renewable method of stabilized home heating oil been in history. Now we are faced with sources of energy and energy efficiency prices in the future, and the use of a a home heating oil stockpile that is 37 initiatives. This measly and irrespon- Government-owned reserve in the percent lower than last year. It does sible level of funding has been nearly $2 Northeast would provide benefits to not take a genius to figure out that we billion short of the administration’s re- consumers in the Northeast and to the are setting ourselves up for a huge quest. Nation at large. heating oil crisis next year unless Con- When they were not funding the re- Mr. Chairman, I hope we move for- gress acts now. quests, they were out trying to get rid ward with this amendment. I do not believe that the Home Heat- of the Department of Energy and sell- Mr. Chairman, I urge my colleagues on both ing Oil Reserve is going to solve all of ing off the reserve policy itself. That sides of the aisle to support this effort to en- the problems. Far from it. But it is an would have been extremely detri- sure consumers have an adequate supply of important step forward. We have got to mental if carried out as proposed. home heating fuel at reasonable, predictable do all that we can to make sure that So I am glad that we begin on a prices throughout the year. the huge increase in home heating oil course tonight that works with the Mr. VISCLOSKY. Mr. Chairman, I prices that we experienced last winter Democratic proposals that we have yield 3 minutes to the gentleman from does not happen again. Too many el- talked about and that clearly have Vermont (Mr. SANDERS). derly people, too many people on fixed Mr. SANDERS. Mr. Chairman, I been copied here in the context of the incomes just cannot afford to pay a thank the gentleman from Indiana, the work of the gentleman from Massachu- doubling of the price that they paid the ranking member, for giving me this setts (Mr. MARKEY) and to begin to previous year for oil. work on energy security for American time. Mr. Chairman, I rise in very strong I urge support for this very impor- families before we enter into a winter tant amendment and thank the spon- of discontent. support of this amendment authored by the gentleman from Pennsylvania (Mr. sors of it. Mr. VISCLOSKY. Mr. Chairman, I The CHAIRMAN pro tempore. The SHERWOOD), the gentleman from Texas yield 2 minutes to the gentleman from gentleman from Indiana (Mr. (Mr. BARTON), and the gentleman from Connecticut (Mr. SHAYS). VISCLOSKY) has 30 seconds remaining. Massachusetts (Mr. MARKEY), author- Mr. SHAYS. Mr. Chairman, I thank Mr. VISCLOSKY. Mr. Chairman, I the gentleman for yielding me this izing the establishment of a Northeast Home Heating Oil Reserve. have no further requests for time, and time. I yield back the balance of my time. Mr. Chairman, I rise in strong sup- This amendment is very similar to Mr. SHERWOOD. Mr. Chairman, I port of the Sherwood-Barton-Markey freestanding legislation which I have yield myself such time as I may con- amendment to replace section 606 of authored which has some 98 cosponsors and similar to an amendment that sume. this bill with the text of H.R. 2884, Mr. Chairman, I urge support of this which passed the House by a vote of 416 passed this body as part of a larger bill a little while ago. bipartisan, indeed tripartisan amend- to 8 on April 12. ment. It does some very important Among its provisions, H.R. 2884 au- What is important to understand is things. It reauthorizes the strategic pe- thorized the creation of a two million that we not only have to pass this troleum reserve through 2003. It is new barrel home heating oil reserve in the amendment tonight, but that we must discretion for the Secretary of Energy Northeast. go forward to adequately appropriate Winter is a perennial event. It is sen- money to make sure that this North- to purchase oil from domestic stripper sible to prepare for the cold weather, east Home Heating Oil Reserve be- wells when the price falls below $15, regardless of external circumstances. comes a reality. and it is new discretion for the Sec- We can help ensure stable home heat- We had a vote last week where we retary of Energy to disburse home ing oil, diesel fuel, and jet fuel prices lost by two votes, but I think a major- heating oil for many future Northeast by creating a two million barrel re- ity of the Members actually support it, Home Heating Oil Reserves upon a re- serve of home heating oil that can be and I hope we will support the roughly gional emergency. drawn down when fuel prices rise dra- $10 million that we need for appropria- But more than that, we need to keep matically, as they did last winter. tions. alive this bipartisan debate of how we The recent increase in oil prices led It is no secret to anybody that this will have a coherent energy policy in fuel costs in some areas of the North- country is facing an energy crisis from this country, the drilling, the refining, east to reach their highest point since one end of the Nation to the other. We the production, and the distribution so the Gulf War. This winter it cost some are seeing gasoline prices sky- that we will not be held hostage again. Connecticut residents as much as $2 for rocketing. We know that the price of People do not want to put up with a gallon of home heating oil, approxi- crude oil has more than tripled since this forever. There is no reason in this mately double the cost of a year ago. last year and is the highest that it has country that we have to. I urge passage We should not force families to been since the Gulf War. The reason of this amendment. choose between heating their homes that prices are high is because the sup- Mrs. MCCARTHY of New York. Mr. Chair- and buying food during the winter ply for gasoline is low. That obviously man, I rise today in support of the Sherwood months. can mean only one thing; and that is, if amendment. But I must ask why this House Establishing a home heating oil re- we do not adequately prepare now for continues to debate this issue? On April 13th serve in the Northeast, much like the next winter, we will have a home heat- of this year we voted 417–8 in favor of H.R. Strategic Petroleum Reserve, to help ing oil disaster on our hands. That is 2884 a bill that would provide for a Northeast stabilize prices when fuel costs rise why we have got to move very quickly Home Heating Oil Reserve. dramatically, will ensure consumers on this Home Heating Oil Reserve. This legislation, calls for the federal govern- have access to home heating fuel at Let me just quote what USA Today ment to create a two million barrel home heat- predictable, affordable prices. said yesterday. USA Today yesterday ing oil reserve in New York—which could be I commend my colleagues for their said, ‘‘Those who heat with oil will released by the President when oil prices rise hard work and leadership on this issue. shiver this winter, and pay a premium. sharply. Many industry experts agree an in- Just 15.3 million barrels of heating oil It’s now 75 days later and the only thing that flux of home heating oil into the mar- are stockpiled for the East Coast, has happened is that our gas prices have con- ket would drive prices down and allow which uses 75 percent of the Nation’s tinued to rise. families access to affordable home heating oil in the winter. That’s well We have been working hard to make sure heating oil in times of drastic price in- down from the 41.3 million barrels on that our neighbors and family do not have to crease. hand last June.’’ spend another winter being gouged by home

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00100 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.003 H27JN0 12614 CONGRESSIONAL RECORD—HOUSE June 27, 2000 heating oil prices—which is why the Senate $2 a gallon level. This provision helped assure These projects provide many bene- must act today. that as we are reauthorizing EPCA, that we fits, including flood control and Today I again ask for swift passage of H.R. are addressing both the needs of the pro- bettering water quality, but more im- 2884. ducing States, who are worried about what portantly the improve water avail- Mr. MARKEY. Mr. Chairman, I support the happens when prices go too low, and the con- ability in areas of perpetual drought. Sherwood-Markey-Barton amendment to reau- suming States, who worry about what hap- No resource is more crucial than thorize the Energy Policy and Conservation pens when prices get too high. water. There is an increasing need for Act and establish a Northeast Home Heating Now, H.R. 2884 is currently sitting over in water as the population and economy Oil Reserve. the other body. So far, the leadership in that continues to grow rapidly. Water short- On April 12th of this year, the House ap- body has failed to take any action on the bill. age problems arise primarily as a re- proved the Energy Policy and Conservation I am informed, however, that there may be sult of limited access to supplies and Act reauthorization by an overwhelming vote some efforts underway to work out an agree- uneven distribution of water resources. of 416 to 8. This bill included language that I ment on both the stripper well and the North- It is these small watershed projects authored to provide for the establishment of a east Home Heating Oil Reserve provisions that provide many communities the heating oil reserve in the Northeast. that will be acceptable to various Senators means to maintain a viable water sup- What we did on that legislation was to work and to the Administration. If so, perhaps we ply and literally keep the community out an agreement with the Chairman of the can soon send the EPCA reauthorization to alive. Energy and Power Subcommittee (Mr. BAR- the President’s desk that contains both the Unfortunately, many of these TON) that constructed a kind of a classic Aus- stripper well and regional reserve provisions. projects do not always find their way tin-Boston piece of legislation. The gentleman But what we also need to do, and what the to completion on a smooth road. Time from Texas was concerned about the fate of amendment that gentleman from Pennsyl- and time again I have seen projects certain marginal oil producers that operate so- vania, the gentleman from Texas, and myself back home held up by multiple bureau- called stripper wells. He noted that during the would accomplish, is to demonstrate to the cratic hurdles that in the end seriously 1998–1999 price drop, these domestic pro- other body that this House is seriously com- impact the health, safety, and welfare ducers had the proper set of incentives in mitted to an EPCA reauthorization that con- of the community involved. order to continue to keep their wells open. As tains both the Northeast Home Heating Oil b 2145 and stripper well provisions. And so, if you a result, our Nation lost at least 500,000 bar- For example, the City of Stamford, rels per day due to the closure of hard-to-re- were one of the 416 Members who on April 12th of this year voted for H.R. 2884, the Texas, is facing a very serious water open stripper wells. availability problem in which the So, what the legislation says is that when EPCA reauthorization to create a Northeast Home Heating Oil Reserve, you should vote Army Corps of Engineers was involved the price of stripper well oil goes below $15 a as required by law. The population of barrel, that there would be an authorization for ‘‘aye’’ today to assure that we can make the Reserve a reality. At the same time, I would Stamford is approximately 3,300. How- that oil to be purchased in order, one, to fill up ever, the city provides water to 10,000 the Strategic Petroleum Reserve but, sec- hope and expect that the Appropriators would recognize the urgent need to provide the esti- residents in the area. ondly, in order to keep the price of stripper Lake Stamford is the sole source of mated $10 million in funding needed to get the well oil high enough so that there is an incen- water supply for the city, as well as Northeast Reserve up and running. We cannot tive for that industry to continue to make the several surrounding communities and afford to wait and delay on this matter any proper investment in maintaining them as via- West Texas Utilities’ 237 megawatt ble domestic sources of energy for our coun- loner. It is time to act now. I urge adoption of this bipartisan amend- Paint Creek Steam Electric power sta- try. tion. The city is operating under a 1- As well, the legislation made it possible for ment. The CHAIRMAN. The question is on year supply of water. there to be constructed a Regional Home the amendment offered by the gen- A diversion project was formulated Heating Oil Reserve in the northeastern part tleman from Pennsylvania (Mr. to supplement the inflow to Lake of the United States. That is very important to SHERWOOD). Stamford. The diversion project would those of us that live within a region that does The question was taken; and the be located on Paint Creek and would have, on an ongoing basis, the threat that we Chairman announced that the ayes ap- consist of a pump station, a pipeline are going to be cut off from that home heating peared to have it. and a channel dam, creating a deten- oil supply. Last winter, our region experienced Mr. SHERWOOD. Mr. Chairman, I de- tion pond along the stream channels. a very severe spike the price of home heating mand a recorded vote. The city began by requesting a pre- oil, and supplies were so tight that had the The CHAIRMAN. Pursuant to House application meeting to speed up the bad weather continued we faced the very real Resolution 532, further proceedings on process. However, this request was de- prospect of being just a few days away from the amendment offered by the gen- nied by the Corps on the grounds that having no supply on hand to meet the needs tleman from Pennsylvania (Mr. dams generally destroy and/or degrade of our constituents. This was simply unaccept- SHERWOOD) will be postponed. riverine systems, even those that do able. Mr. VISCLOSKY. Mr. Chairman, I not permanently impound water. Now, maybe over the next 20 years, as move to strike the last word to engage As such, they should be avoided when Sable Island, this rich resource of natural gas in a colloquy with the gentleman from a practical alternative exists. The ap- off of the Newfoundland coast comes on line, Texas (Mr. STENHOLM). plicant, City of Stamford, should and as our constituents convert over to gas, Mr. Chairman, I yield to the gen- evaluate alternatives to supplementing we may not need this kind of protection. But tleman from Texas (Mr. STENHOLM). its water supply. Obviously, the au- that is not really going to be possible for an- Mr. STENHOLM. Mr. Chairman, I ap- thors of this regulatory requirement other 5, 10, 15 years before it fully penetrates preciate the courtesy of the gentleman have never set foot in west Texas, as the entire Northeast. And by the Northeast, I from Indiana for allowing me to take finding an alternative water source is also mean Eastern Pennsylvania, all of New these 5 minutes and to speak relatively about as likely as finding an udder on Jersey, and the State of New York. Those are out of order. a bull. the parts of our country that are very much I do not have an amendment, but I After 6 months of jumping through dependent upon imported oil for home heat- want to speak about a very, very real hoops and over hurdles, including the ing. and growing problem in my district proposed mitigation of 2,200 acres of Now, we have, without question, the need to back home dealing with water. In al- mesquite trees, a species and often give the President the flexibility that he needs most any part of Texas, drive into a eradicated throughout the State, the to release the heating oil from the reserve in rural area and look for a large pond; city was faced with their next obstacle, the event we have a repetition of the type of and when one finds one, it is likely to an on-site assessment of the project severe price spikes, supply disruptions or se- have been built, funded and managed area to evaluate the culture resource vere weather situations that we saw last winter through a unique coalition of Federal, sites identified through a required ar- which drove home heating oil prices over the State, and local agencies. cheological survey which was requested

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12615 to discuss the project’s potential im- forward a license, permit, or other authoriza- much wilderness we can have. They pact on the aquatic environment and tion or permission for the interim storage of want to tell us where we can have leg- formulate possible alternatives that spent nuclear fuel, low-level radioactive acy highways. They want to tell us might help reduce the project’s adverse waste, or high-level radioactive waste on any where we can do various other things, reservation lands of the Skull Valley Band of environmental impact. Goshute Indians. but no one bothers to come out and see As expected, a site was identified, a it or even care. But now that we have The CHAIRMAN. Pursuant to the site which if left alone would continue the trash, they want to get rid of their order of the House today, the gen- to wash away as a result of normal nuclear waste. Let us put it out in tleman from Utah (Mr. HANSEN) and a creek flow regardless of whether or not Utah; that is a great place to put it. Member opposed each will control 5 this project was implemented. How- Forget about these other things. Let us minutes. put it there. ever, the city is now required to miti- The Chair recognizes the gentleman gate this site as a mandate by the Na- Now it just seems to me, Mr. Chair- from Utah (Mr. HANSEN). man, that it is about time that the tional Historic Preservation Act. As a Mr. HANSEN. Mr. Chairman, I yield people out there had a say in their own result of this untimely process, and be- myself such time as I may consume. destiny, that they would have the op- cause of some recent spring rains as re- Mr. Chairman, I think it is very in- portunity to say what they want and corded by the USGS, the City of Stam- teresting that we just had an amend- ford has missed out on a 2-year water what they do not want. ment earlier in the day about sludge I find it interesting that of these five supply increase of approximately 4,400 going into a certain State. It was acre feet of water because the infra- big polluters, this Private Fuel Stor- amazing how many people stood up and age, not one volt from those areas goes structure was not in place. were incensed at the idea that they Opportunities to collect water come into the West. It all goes east of the may have sludge go into their State. Mississippi River. So they get the ad- rarely in west Texas, and it is painful I find it interesting the State of Utah vantage of the wattage, they get the for those of us from the area to watch right now a lot of people want to put in advantage of the volts, and we get the the opportunities flow away from us high-level nuclear waste, and why is unnecessarily. crap that is left over, if I may say that. that? That is because many of us voted So it comes down to the idea, Mr. Now, Stamford is not alone in this in both Houses to put a permanent Chairman, I personally feel that this problem. Most, if not all, of the com- place for nuclear waste in Yucca Moun- amendment is worth doing; but my munities in my district are facing seri- tain. However, the President chose to good friend, the gentleman from Cali- ous water availability concerns. The veto this bill, another example of the fornia (Mr. PACKARD), has convinced cities of Throckmorton and Winters poor, irresponsible program that they me that maybe I ought to give it some have a 118-day supply of drinking water have. thought, and so I am thinking about it. remaining with no other options, and So where do we go now? We do not Let me say this: the solicitor general the cities of Abilene and Snyder are have a place to put it, because the of the Department of Interior has made currently working on potential solu- President, after we spent literally bil- a ruling that says the language we put tions to their water shortage problem. lions of dollars, determined, oh, I am in the authorization bill last year pro- Each of these cases will likely in- going to veto this. Obviously, for polit- hibits any of these things from hap- volve the Corps, as well as the numer- ical reasons; but I guess he has a right pening until the Department of Inte- ous laws and regulations that require to do that. So a group of five big pol- rior and the Department of Defense the Corps to dot every ‘‘I’’ and cross luters called the Private Fuel Storage, gives a study to this. So why are they every ‘‘T.’’ who have all of their stuff in the East even looking at it? That has not been Granted, it is important to carefully right now, decided what they would do accomplished. In fact, it has not even scrutinize projects ensuring that the is they would go to the West. been started. requirements of the Clean Water Act, So they went to a place called the Let me add one other thing. I am the Endangered Species Act, and the Goshute Indian Reservation, that is asking the IG of the Department of In- National Historic Preservation Act are Skull Valley. Maybe some of my col- terior to look into this thing. I think fulfilled; but 118 days does not allow leagues think it is a God-forsaken they are taking advantage of some of much room for bureaucratic red tape, place, but a lot of folks live out there. our Indian friends out there. In my especially when one is dealing with an We have a lot of military issues out in opinion, there are some financial irreg- emergency situation involving the eco- that particular area. And they decided ularities, and I want a full investiga- nomic stability of a community, in ad- that they could go in there and put a tion of it before they move out on this dition to people’s lives and well-being. temporary site down. particular area. The situation at hand is not entirely What is temporary? Four hundred So, Mr. Chairman, in my opinion, I the fault of the Corps. We in Congress years? I have never seen one of these would hope that people from the East need to be mindful of the legislation temporary sites that ever stayed tem- who love to tell the West how to run passed. It is not implemented in a vac- porary, at least not in my lifetime. our affairs, what we can do, how we can uum. A common sense approach to Maybe that will happen. handle our land but they never bother emergency situations like this, I hope, Now in this situation, they decided to come out, I wish they were all will get the attention of this com- what they are going to do. Did anyone standing here now saying the beautiful mittee and the committees of jurisdic- check out the water source to see if area that we put all these bills in is tion so that we might in fact find a so- any of these aquifers would fill up? No, now going to be inundated with high- lution to a very, very real problem in not anybody. level nuclear waste. I do not see them the near future. What about the idea that the Utah here, but I guess that is their privilege. AMENDMENT OFFERED BY MR. HANSEN Testing and Training Range, one of the Mr. PACKARD. Mr. Chairman, will Mr. HANSEN. Mr. Chairman, I offer largest testing and training ranges in the gentleman yield? an amendment. the world, is right there? I want to Mr. HANSEN. I yield to the gen- The CHAIRMAN. The Clerk will des- point out that 1 mile away from this tleman from California. ignate the amendment. site a cruise missile crashed not too Mr. PACKARD. Mr. Chairman, I ap- The text of the amendment is as fol- long ago. Numerous F–16s, F–4s and preciate the gentleman from Utah (Mr. lows: others have crashed there. It does not HANSEN) yielding. seem to bother these people who have Mr. Chairman, I do consider him one Amendment offered by Mr. HANSEN: Page 39, after line 19, insert the following gotten these things in the East. of my dear friends here, but I have to new section: Now as I look at my friends in the oppose the amendment and would urge SEC. 607. No funds appropriated under this East, I find it very interesting that him to withdraw the amendment. Act shall be expended for the purpose of they have never been to our State, but We should not prevent the NRC from processing, granting, or otherwise moving they want to put bills in to tell us how licensing nuclear waste disposal sites.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12616 CONGRESSIONAL RECORD—HOUSE June 27, 2000 It is very difficult to find suitable ons and modification of existing weap- I urge my colleagues very strongly to sites, and in this instance we should ons. Laboratory directors might then oppose the Kucinich-Ryan amendment. certainly not interfere with the estab- agree that some of the new nuclear Mr. RYAN of Wisconsin. Mr. Chair- lished procedures of the NRC. I would weapons cannot be reliably certified man, I yield myself 2 minutes. hope that the investigation that has without full scale nuclear testing, pro- Mr. Chairman, this NIF project is been mentioned by the gentleman from viding a rationale for future testing. over budget. It is behind schedule. It Utah (Mr. HANSEN) would shed light on The creation of new nuclear weapons has experienced several technical dif- where we should go with this in the fu- may serve to ignite a new arms race. ficulties and problems. It has been ture, but let us not kill it tonight. Mr. PACKARD. Mr. Chairman, I criticized by the other labs, and it has Mr. HANSEN. Would the gentleman claim the time in opposition to the been plagued with mismanagement. like to have it in his district? amendment. For example, first in the FY 2000 en- Mr. PACKARD. I do not know that Mr. Chairman, I yield myself such ergy and water appropriations bill, the there is any room in my district for it. time as I may consume. committee asked the DOE for a rebase- It is already filled with houses. Mr. Chairman, this project has been lining of costs by June 1 of 2000 for this Mr. HANSEN. Mr. Chairman, I ask underway for 5 years now. To interrupt year’s appropriations. However, the unanimous consent to withdraw the the ongoing construction project, I DOE has pushed off this deadline until amendment. think, would be very inappropriate, mid-September, conveniently past the The CHAIRMAN. Is there objection would be a very wasteful effort with appropriations date. to the request of the gentleman from monies that have already been ex- Given the fact that the GAO report Utah? pended. I would strongly urge that we has cited so many problems with the There was no objection. oppose the amendment and allow us to management and the construction of AMENDMENT OFFERED BY MR. RYAN OF continue the project. The committee this facility, which DOE acknowledges, WISCONSIN has provided $80 million for the Na- these overruns should not be contin- Mr. RYAN of Wisconsin. Mr. Chair- tional Ignition Facility in this bill. ued. Congress should not appropriate man, I offer an amendment. This is less than the Department of En- these funds until we have that rebase- The CHAIRMAN. The Clerk will des- ergy wanted. The Department re- lining report. ignate the amendment. quested $95 million, but the committee Second, a GAO report again was re- The text of the amendment is as fol- did not believe that the Department quested by the House Committee on lows: had provided sufficient information on Science last September in 1999. How- the new cost schedule. Therefore, we Amendment offered by Mr. RYAN of Wis- ever, we still do not have this report consin: funded it, however, at $80 million. We yet, but we have found some prelimi- At the end of the bill, insert after the last certainly are not passing judgment on nary findings from the draft report section (preceding the short title) the fol- the quality of the project at this time, which is imminently due, yet not in lowing new section: but we should not take the money time for this appropriations bill. SEC. ll. None of the funds made available away from it. It shows that the cost estimates are in this Act may be used for construction of I also understand that there are sev- still being overrun. It shows that a the National Ignition Facility. eral Members that wish to speak on project management assessment was The CHAIRMAN. Pursuant to the this. required as part of the DOD authoriza- order of the House today, the gen- Mr. Chairman, I yield 1 minute to the tion bill in this year, and that has not tleman from Wisconsin (Mr. RYAN) and gentlewoman from California (Mrs. been done. a Member opposed will each control 5 TAUSCHER). It shows that this project began as a minutes. Mrs. TAUSCHER. Mr. Chairman, I $1.2 billion project in 1997 and then The Chair recognizes the gentleman thank the gentleman from California slipped to $2.1 billion in the year 2000, from Wisconsin (Mr. RYAN). (Mr. PACKARD) for yielding. according to the DOE. Now the GAO is Mr. RYAN of Wisconsin. Mr. Chair- Mr. Chairman, I rise in strong opposi- telling us this thing is going to cost us man, I yield 1 minute to the gentleman tion to the Kucinich-Ryan amendment. between $3.6 billion and $4 billion. from Ohio (Mr. KUCINICH), a co-sponsor This amendment would eliminate fund- of this amendment. ing for construction of the National Ig- b 2200 Mr. KUCINICH. Mr. Chairman, I rise nition Facility, called the NIF, at the This has tripled in costs over the last today in support of the Ryan-Kucinich Lawrence Livermore National Labora- 3 years alone, the management prob- amendment. I rise in support of nuclear tory. It would waste nearly $1 billion lems, the cost overruns, the fact that nonproliferation and concern for U.S. that has already been spent on develop- the other laboratories, Sandia specifi- taxpayers. ment of this important project. It cally, is saying this ought to be scaled The National Ignition Facility, NIF, would contradict the action this House back, because it does pilfer from other is planned to be the most powerful took last month when we authorized laboratory programs, which seeks to laser in the world, a super laser de- $175 million for the NIF. serve the same purposes. signed to test U.S. nuclear weapons Most importantly, this amendment Mr. Chairman, I reserve the balance through laboratory simulations of nu- would severely cripple our Nation’s of my time. clear explosions. arms control and nonproliferation ef- Mr. ROGERS. Mr. Chairman, I yield 1 The construction of this facility will forts. minute to the gentleman from South promote the expansion of nuclear The United States has made a com- Carolina (Mr. SPRATT). weapons testing at a time when the mitment to end nuclear testing, and Mr. SPRATT. Mr. Chairman, the NIF United States should be working to- that commitment is a fundamental is esoteric physics, but it is essential ward nonproliferation both here and tenet of our national security. In the to the quest for reliability of nuclear internationally. absence of testing, Mr. Chairman, the weapons. If my colleagues believe, as I I strongly support cutting $74.1 mil- only way to maintain an effective, se- do that we should forebear testing and lion, the construction budget for the cure, reliable nuclear deterrent is one day ratify the comprehensive test National Ignition Facility. This invest- through a science-based stockpile stew- band treaty, believe me canceling NIF ment in nuclear weapons research ca- ardship program. is not the way to do it. pabilities runs counter to achieving a Mr. Chairman, the NIF is the corner- What does the NIF do? The NIF es- comprehensive test ban treaty and un- stone of that program. The NIF is the sentially creates the conditions inside dermines efforts worldwide to reduce best way to ensure the safety and reli- of a thermonuclear weapon to an ex- the spread of nuclear weapons. ability of our nuclear weapons and to tent we have never been able to explore The NIH would enhance the capa- promote arms control and non- before, and it helps us to ensure the re- bility for design of new nuclear weap- proliferation. liability of our nuclear weapons to

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12617 validate these complex computer mod- I do think that the Department of facility that would allow the experi- els that we have developed and know Energy, finding a very serious problem, mental study of fusion burning in the that they are reliable. is trying to take the appropriate cor- laboratory. The capability is an essen- Mr. Chairman, if we ask anyone to rective action, I do not believe the tial element of our ability to maintain list the challenges to our security, al- amendment of the gentleman from our nuclear deterrent into the future. most everyone will say that this spread Wisconsin (Mr. RYAN) is in the best in- Mr. PACKARD. Mr. Chairman, I yield of fissile materials and nuclear weap- terests of our national security or the myself such time as I may consume. ons leads to less. One way to curb the testing program and do oppose the Mr. Chairman, let me simply say proliferation of nuclear weapons is to amendment. that let us not kill the project tonight; stop the testing that proves unfeasible, Mr. RYAN of Wisconsin. Mr. Chair- the jury is still out on it. I urge a no but it is hard for us to advocate that man, I yield myself such time as I may vote on the amendment. others should not test if we test. consume. Ms. LEE. Mr. Chairman, I strongly support The CTBT, therefore, is one of the Mr. Chairman, this amendment is the Ryan-Kucinich amendments to cut con- key pieces to this puzzle, but politi- very simple. It does not cut off the re- struction funds for the National Ignition Facil- cally, the CTBT is unlikely to be rati- search and development. I am not sug- ity. fied in country until we are satisfied gesting that I am opposing the goal of Every time this project comes before us, its that our arsenal is reliable and secure this project, what it does it says do not costs rise and its scientific rationale grows and to that end, the NIF is essential; go forward with the construction be- more dubious. that is why we must proceed with this cause of these amazing mismanage- Criticism of NIF has come from groups as project and defeat this amendment. ment problems, because of these phe- diverse as the Friends of the Earth and the Mr. RYAN of Wisconsin. Mr. Chair- nomenal cost overruns, because of the Armed Services Committee. man, I yield 1 minute to the gentleman fact that this project has been delayed This project has already sucked up billions from Ohio (Mr. KUCINICH). in its implementation due to these of taxpayer dollars while endangering our en- Mr. KUCINICH. Mr. Chairman, I problems for years. vironment and sabotaging efforts to reduce thank the gentleman from Wisconsin What this amendment does, it says if nuclear proliferation. (Mr. RYAN) for yielding to me. you cannot build the construction, The National Ignition Facility represents the Mr. Chairman, many experts agree flagship of the Stockpile Stewardship nuclear that the National Ignition Facility has work on the R&D. Mr. Chairman, $914 million has been spent on this, yet 5 weapons program. That is no great honor. no relevance to its goal of maintaining This project, together with National Missile percent of the infrastructure and the the nuclear arsenal. Edward Teller, Defense, symbolizes the American failure to laser components are completed. better known as the Father of the lead the way on global nuclear arms control. This amendment simply says let us Atomic Bomb when asked about the If the National Ignition Facility continues to watch our taxpayers’ dollars. Congress NIF’s usefulness in maintaining nu- fail to achieve its stated goal of ignition, it will asked the DOE to actually take a look clear weapons he replied, none whatso- remain a financial quagmire that has depleted at this. Congress asked the GAO to get ever. badly needed financial resources. If it suc- back to us to see if these problems had Los Alamos’s theoretical weapon ceeds, it threatens to send the arms race spi- been dealt with. physicist Rod Schultz wrote that the raling to an ever higher level. NIF supposed importance to the weap- We have not heard from the DOE. We Now is the time to seriously evaluate this ons stockpile does not reflect the tech- have not heard from the GAO yet. I program. We should not put more money into nical judgment of the nuclear weapons would suggest that on behalf of our construction for a project that is neither nec- designed community. Eliminating taxpayers that we represent, let us essary nor productive. funding for the National Ignition Facil- wait till we hear from them before ob- This project is now approximately one billion ity does not cut funding for research ligating this money, and let us spend it dollars over budget. It is 5 years behind and development for any future com- on research and development in the schedule. mercial energy technology. meantime. Ultimately, there are economic, geopolitical, Mr. Chairman, our future energy Mr. PACKARD. Mr. Chairman, I yield and environmental reasons to oppose contin- path is clearly in renewable tech- myself such time as I may consume. ued construction of the National Ignition Facil- nologies, such as fuel cells, wind and The Ryan amendment would take $74 ity. solar power. As the gentleman from million from the National Ignition Fa- Economically, NIF is over budget and over Wisconsin (Mr. RYAN) has said, NIF is a cility and terminate the project; that due. budgetary black hole. The Department is premature. We are aware that the Geoplitically, this effort to create thermo- of Energy’s initial estimate of NIF’s project has not run smoothly, and that nuclear explosions in a laboratory setting un- cost overruns were about $350 million, it has had its problems both manage- dermines U.S. efforts to reduce nuclear weap- but current cost overruns estimates ment and fiscally on schedule, but ons across the globe. from the DOE stand between $750 mil- some of this funding will be needed, Environmentally, Californians are already lion to $1 billion, 100 percent more than whether the committee agrees to com- justifiably concerned about the release of trit- originally estimated. plete NIF or not. ium into their environment. Increasing nuclear Mr. PACKARD. Mr. Chairman, I yield If the decision is made to cancel NIF, waste is not the solution. 1 minute to the gentleman from Indi- the funds will be needed for termi- I repeat, it is time to seriously reevaluate ana (Mr. VISCLOSKY). nation costs. this program. I urge your support for the Ryan- Mr. VISCLOSKY. Mr. Chairman, I For the last remaining few seconds Kucinich amendments. thank the gentleman for yielding me that I have, I will yield to the gentle- Mr. KNOLLENBERG. Mr. Chairman, I rise in the time. woman from New York (Ms. SLAUGH- strong opposition to the amendment offered by Mr. Chairman, I also rise in opposi- TER). Mr. RYAN and Mr. KUCINICH. It is simply too tion to the amendment. I do think the Ms. SLAUGHTER. Mr. Chairman, I early to cut funding for the National Ignition NIF is an important program. Clearly thank the gentleman for yielding me Facility. We all realize that there are problems there have been some very serious the time, and I rise in opposition to with the project. I am just as concerned as my problems that have angered everyone this amendment offered by my friend, colleagues here with the troubles that have in this body, and clearly have angered the gentleman from Ohio (Mr. beset this project. The subcommittee Mem- the Secretary of Energy; that is why a KUCINICH) and the gentleman from Wis- bers and myself are keeping a watchful eye penalty was imposed, that is why $55 consin (Mr. Ryan) because of the effect on each and every development at NIF. The million of the proposed $95 million ad- it would have on the nuclear deterrent Department of Energy has indeed determined ditional investment that needs to be power of the United States. that NIF will take longer than projected and made is going to come out of the hide The National Ignition Facility is a cost more than originally expected. But the of the contractor essentially Lawrence cornerstone requirement of the stock- final cost and schedule are yet to be deter- Livermore. pile stewardship program and the only mined.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00104 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.003 H27JN0 12618 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Those increases must be viewed in light of (Mr. KINGSTON) and a Member opposed we have the right to polygraph those the fact that the National Ignition Facility is a each will control 5 minutes. folks, and it is absolutely equitable and key component of our stockpile stewardship The Chair recognizes the gentleman fair that those who would refuse to program. With over 60 times the energy of any from Georgia (Mr. KINGSTON). take the polygraphs cannot be paid, laser in existence, NIF will provide us with un- Mr. KINGSTON. Mr. Chairman, I cannot be employed in this capacity. precedented insights into the science of nu- yield myself such time as I may con- Mr. Chairman, I support the gen- clear fusion. The NIF project will provide vital sume. tleman. I think it is an excellent information on our weapons stockpile that Mr. Chairman, this is part of the con- amendment. I thank the subcommittee would have previously required expensive un- tinuing effort of this House on a bipar- for agreeing to accept this amendment. derground testing. In addition, NIF will offer us tisan basis to reign in maybe the loose Mr. KINGSTON. Mr. Chairman, I some exceptional science related to the un- security or the mistakes we have all yield myself such time as I may con- derlying physics of nuclear fusion—a source of made in the security at the Los Alamos sume. power that could potentially fuel our future. lab, and this is not directed at any- Mr. Chairman, I thank the gentleman The Department of Energy is working hard thing. This is supposed to be a con- from California (Mr. HUNT) and I thank to straighten out the difficulties with the NIF structive amendment. the gentleman from California (Chair- project. It is currently undertaking a thorough The idea behind it is, we had the situ- man PACKARD) and the gentleman from evaluation of this project and considering ation, as all Members of the House well Indiana (Mr. VISCLOSKY), the ranking every alternative. It has already been deter- know and all Members of the House are member, for their support of this mined that the underlying science associated concerned about, that has to do with amendment. I want to say that what this amend- with NIF is sound. the disappearance of two highly sen- Until DOE’s investigation is complete, it is sitive disks, computer disks, that con- ment does, Mr. Chairman, on a bipar- premature to cut funding for this program. We tained nuclear secrets. The disks dis- tisan basis is send a signal out to any need to get all the facts before proceeding— appeared and reappeared, and during employee who works at Los Alamos in especially when the issue is the security of our that period of time, we are not exactly a sensitive area who refuses to take a polygraph test that we believe the se- national defenses. I urge my colleagues to op- sure what happened. curity of our Nation is more important pose this amendment. We do know that they searched be- The CHAIRMAN. The question is on hind a copying machine, and then than their personal pride or whatever the amendment offered by the gen- later, they researched behind there and conflict they may have that prevents them from doing this. We are just say- tleman from Wisconsin (Mr. RYAN). found out that they were there. It ap- The amendment was rejected. pears that they were kind of stuck in ing, you have to do it, that is part of taking care of our nuclear secrets. AMENDMENT NO. 10 OFFERED BY MR. KINGSTON after the search. What we are trying to Mr. Chairman, I yield back the bal- Mr. KINGSTON. Mr. Chairman, I do as a Government is to investigate offer an amendment. ance of my time. this and yet much to our dismay, I be- The CHAIRMAN. The question is on The CHAIRMAN. The Clerk will des- lieve on a bipartisan basis, we have em- ignate the amendment. the amendment, as modified, offered by ployees out there who have refused to the gentleman from Georgia (Mr. The text of the amendment is as fol- take a polygraph test. lows: KINGSTON). Mr. Chairman, we have a precedent The amendment, as modified, was Amendment No. 10 offered by Mr. now. We have a law that can require agreed to. KINGSTON. employees in sensitive areas to take Page 39, after line 19, insert the following AMENDMENT OFFERED BY MR. RYUN OF KANSAS new section: polygraph tests and certainly employ- Mr. RYUN of Kansas. Mr. Chairman, SEC. 607. None of the funds made available ees who are dealing with nuclear se- I offer an amendment. by this Act shall be used to pay the salaries crets are in highly sensitive areas, and The CHAIRMAN. The Clerk will des- of employees of the Department of Energy what this simply says is that if you ignate the amendment. who handle classified information related to will not take a polygraph test and you The text of the amendment is as fol- computer equipment containing sensitive are working in a highly-sensitive area, lows: national security information at Los Ala- we are not going to pay you. We are mos, New Mexico, and have refused to take a Amendment offered by Mr. RYUN of Kan- lawfully authorized lie detector test related urging employees and have the lawful sas: to their official duties. right to do that. At the end of the bill, insert after the last Mr. Chairman, I reserve the balance section (preceding the short title) the fol- MODIFICATION TO AMENDMENT NO. 10 OFFERED lowing new section: BY MR. KINGSTON of my time. Mr. VISCLOSKY. Mr. Chairman, I SEC. ll. (a) IN GENERAL.—None of the Mr. KINGSTON. Mr. Chairman, I ask funds made available in this Act may be used unanimous consent to change Amend- have no objection to the Kingston to pay any basic pay of an individual who si- ment No. 10 to another amendment amendment. multaneously holds or carries out the re- that is at the desk. Mr. PACKARD. Mr. Chairman, I sponsibilities of— The CHAIRMAN. The Clerk will re- would like to say that I think it is (1) a position within the National Nuclear port the modification. probably micromanaging to a degree, Security Administration; and The Clerk read as follows: but I am willing to accept the amend- (2) a position within the Department of En- ment. ergy not within the Administration. Modification to Amendment No. 10 offered (b) EXCEPTIONS FOR ADMINISTRATOR FOR Mr. KINGSTON. Mr. Chairman, I by Mr. KINGSTON: NUCLEAR SECURITY AND DEPUTY ADMINIS- Page 39, after line 19, add the following yield 1 minute to the gentleman from TRATOR FOR NAVAL REACTORS.—The limita- new section: California (Mr. HUNTER) to speak on tion in subsection (a) shall not apply to the ‘‘SEC. . None of the funds in this Act may this amendment, who is a member of following cases: be used to pay the salary of any employee of (1) The Under Secretary of Energy for Nu- the Department of Energy at the Los Alamos the Committee on Armed Services. clear Security serving as the Administrator National Laboratory who has failed to un- Mr. HUNTER. Mr. Chairman, I thank for Nuclear Security, as provided in section dergo a polygraph examination pursuant to the gentleman for yielding to me. 3212(a)(2) of the National Nuclear Security section 3154(e) of Public Law 106–65.’’. Mr. Chairman, I just want to rise in support of the amendment of the gen- Administration Act (50 U.S.C. 2402(a)(2)). The CHAIRMAN. Is there objection (2) The director of the Naval Nuclear Pro- to the modification to the amendment tleman from Georgia (Mr. KINGSTON). pulsion Program provided for under the offered by the gentleman from Georgia Let me just say there are people, a Naval Nuclear Propulsion Executive Order (Mr. KINGSTON)? number of people, at the laboratories serving as the Deputy Administrator for There was no objection. who have clearances and access to clas- Naval Reactors, as provided in section The CHAIRMAN. The amendment is sified material; that is, nuclear mate- 3216(a)(1) of such Act (50 U.S.C. 2406(a)(1)). modified. rial or nuclear design material. Also The CHAIRMAN. Pursuant to the Pursuant to the order of the House what we know is special access pro- order of the House today, the gen- today, the gentleman from Georgia grams, it is absolutely imperative that tleman from Kansas (Mr. RYUN) and a

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12619 Member opposed each will control 5 provision in the bill that passed this Mr. Chairman, I yield the remainder minutes. House recently. of my time to the gentleman from The Chair recognizes the gentleman b 2215 Texas (Mr. THORNBERRY), the Chairman from Kansas (Mr. RYUN). of the National Security Special Over- Mr. RYUN of Kansas. Mr. Chairman, The Senate has included the provi- sight Panel of the Department of En- I yield myself 21⁄2 minutes. sion in the Defense authorization bill; ergy Reorganization, who has been a Mr. Chairman, the National Nuclear and, therefore, it will clearly be a leader in this effort, watching over our Secret Administration was put in place conferencible item between the House nuclear secrets. by this Congress to be an independent and Senate on the defense authoriza- Mr. THORNBERRY. Mr. Chairman, I agency within the Department of En- tion bill. This House should not pre- thank the gentleman from Kansas for ergy; their sole purpose was to secure empt the conference committee in yielding me this time and for all of his our most vital national nuclear se- doing their job. Let us leave it to those contributions to the special oversight crets. that have the responsibility, and that panel. My amendment does one simple is the authorizers. Mr. Chairman, when Congress passed thing, it requires the Secretary of the We believe this amendment should be the bill to reorganize the Department Energy to properly implement the Na- addressed by the authorizing com- of Energy last year, it was clear from tional Nuclear Security Administra- mittee, it will be addressed in the con- the language of the law and the inten- tion. It does so by prohibiting the prac- ferencing of the Defense authorization tion behind the law that we intended to tice of dual hatting that the Secretary bill, and for that reason, I urge the have some separation between the nu- of Energy engaged in to circumvent the Members to allow that process to take clear weapons complex and the rest of law that this Congress passed and that its rightful place; and I urge the Mem- the Department of Energy. That is ex- the President signed last year. bers to vote against the amendment. actly what the President’s foreign in- Dual hatting involves the giving of Mr. Chairman, I yield such time as he telligence advisory board recommended titles and responsibility for the Na- may consume to the gentleman from as well as many other studies. We did tional Nuclear Security Administra- Indiana (Mr. VISCLOSKY), the ranking exactly what his commission rec- tion to current employees of the De- member of the subcommittee. ommended. partment of Energy, thereby removing Mr. VISCLOSKY. Mr. Chairman, I Yet, in implementing the law, the the independent status of the agency. rise in opposition to the Ryun amend- current Department has dual-hatted Removing dual hatting is an idea ment, which would restrict the ability several positions. What that means is that the Committee on Appropriations of the Department of Energy to main- they give one person two jobs, one job was leading toward in its own report. tain the country’s nuclear stockpile. inside the nuclear weapons complex The report says that the committee en- The amendment would prohibit the De- and one job outside the nuclear weap- courages the new administrator and partment from dual-hatting certain ons complex. I would tell my friend deputy administrator for defense pro- senior physicists and nuclear weapon from Indiana, it is not nuclear weapons grams to review the urgency for orga- designers and would mandate certain experts. These are procurement people, nization and management changes in job functions encompassed in the re- they are lawyers, they are security and the NNSA headquarters and field struc- quirement of the Defense authorization counterintelligence people. The American Law Division at CRS ture. It goes on to say that simply re- bill to split the Department of Energy has said that this dual-hatting practice naming the same employees to the into two independent organizations. is against the law we passed, period. same organizational structure, the The practical problem inherent in the gentleman’s amendment is that it The Ryun amendment simply enforces same management culture will not ad- the law that we passed. The gentleman dress the fundamental program that is not enforceable. Less than 20 Federal employees are currently dual-hatted in is correct, it is less than 20 people that Congress sought to address by creating this applies to, but let me tell my col- the Department of Energy. These offi- this new entity. leagues who one of those persons is. cials are the core of the nuclear weap- Finally, the committee strongly In the bill that we passed last year, urges the new administrator and dep- ons program, and these scientists and we created a Chief of Defense for Nu- uty administrator to use this oppor- military officers are not attempting to clear Security whose job explicitly in tunity to make bold and strategic im- politicize the Department; they are the law is to set up policies and imple- provements. men and women who won the Cold War. ment security policies at our nuclear Mr. Chairman, I, too, believe that we What the amendment is attempting laboratories and plants. That position should not focus on the recent security to do is to set a date certain by which has been held by a part-time person. failures within the current nuclear lab- these people must be replaced. Hiring That position has been held by a guy oratories complex. Instead, I believe we permanent replacements for these offi- who has a job inside and a job outside should focus on strengthening the De- cials is not a frivolous issue. Replacing in the rest of the Department of En- partment of Energy’s ability to protect nuclear weapon experts takes time and ergy. this Nation’s national security. very careful consideration. Now, I would suggest that that is We must manage the risks associated Earlier this month, the Senate con- partly responsible for the serious secu- with the development of the nuclear firmed the new chief of the National rity problems that we have had. We technology. Mr. Chairman, the other Nuclear Security Administration, Gen- have not had a full-time person looking body recently approved a new adminis- eral Gordon. General Gordon has a at security inside the NNSA. trator of the National Nuclear Security Ph.D. in nuclear physics and is a Mr. Chairman, this amendment stops Administration. I urge my colleagues former deputy director of the Central dual-hatting. It says we have to have a to join me and give him the tools need- Intelligence Agency. General Gordon full-time person dealing with security; ed to effectively protect our Nation’s should not be forced to hire 18 new sen- we have to have a full-time person most vital nuclear secrets. ior government executives in literally dealing with counterintelligence, a Mr. Chairman, I reserve the balance the next 30 to 60 days. I do not believe full-time procurement officer, a full- of my time. that it is a sound proposition, and I am time lawyer inside the NSA. Mr. PACKARD. Mr. Chairman, I yield opposed to the gentleman’s amend- I would also say to my friend from myself such time as I may consume. ment. Indiana that I suggest General Gordon Mr. Chairman, I have to rise in oppo- Mr. PACKARD. Mr. Chairman, I re- looks forward to the opportunity of sition to the amendment. This is an serve the balance of my time. putting his own people in here so that issue that should be addressed and has Mr. RYUN of Kansas. Mr. Chairman, he can have them devoted fully to the been addressed by the authorizing com- I would like to point out that the nuclear weapons complex, rather than mittee. The House Committee on House Committee on Armed Services have other responsibilities in the rest Armed Services did not include this does not oppose this. of the Department.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12620 CONGRESSIONAL RECORD—HOUSE June 27, 2000

Mr. Chairman, this nuclear security offered by Mr. FOLEY of Florida; Dingell Kennedy Reynolds Dixon Kildee Riley breach at Los Alamos is a very, very amendment No. 1 offered by Mr. AN- Dooley Kilpatrick Rivers serious matter. Certainly, there are DREWS of New Jersey; an amendment Doolittle Kind (WI) Rodriguez other proposals to deal with it, but I by Mr. SHERWOOD of Pennsylvania; and Doyle King (NY) Roemer think we have to be very careful and be an amendment by Mr. RYUN of Kansas. Dreier Kleczka Rogan responsible in what we do. Knee-jerk The Chair will reduce to 5 minutes Duncan Klink Rogers Dunn Knollenberg Rothman reactions are not appropriate. the time for any electronic vote after Edwards Kolbe Roukema It is true that the authorizers are the first vote in this series. Ehlers Kuykendall Roybal-Allard Ehrlich LaFalce dealing with several provisions associ- AMENDMENT NO. 4 OFFERED BY MR. FOLEY Rush ated with this, but we should not miss Emerson LaHood Ryun (KS) The CHAIRMAN. The pending busi- Engel Lampson Sabo any opportunity to stand up and say, ness is the demand for a recorded vote English Largent Salmon when Congress passes a law and the on amendment No. 4 offered by the gen- Etheridge Larson Sandlin Evans Latham President signs a law, it ought to be tleman from Florida (Mr. FOLEY) on Sawyer Everett LaTourette Saxton enforced. We should not allow any ad- which further proceedings were post- Ewing Leach ministration to get away with not en- Schakowsky poned and on which the noes prevailed Farr Levin Scott Fattah Lewis (CA) forcing the law, particularly when it Serrano by voice vote. Filner Lewis (KY) has such serious security consequences Shadegg The Clerk will redesignate the Fletcher Linder Shaw for our country. Forbes Lipinski amendment. Sherman Mr. Chairman, this amendment Ford LoBiondo The Clerk redesignated the amend- Sherwood Fossella Lofgren ought to be passed, and it ought to be Shimkus ment. Fowler Lowey passed strongly. Shows RECORDED VOTE Franks (NJ) Lucas (KY) Mr. PACKARD. Mr. Chairman, I yield Frelinghuysen Lucas (OK) Shuster myself such time as I may consume to The CHAIRMAN. A recorded vote has Frost Maloney (CT) Simpson simply reiterate this is being done and been demanded. Gallegly Manzullo Sisisky A recorded vote was ordered. Ganske Mascara Skeen taken care of by the authorizers both Skelton The vote was taken by electronic de- Gejdenson Matsui in the House and the Senate. Let us Gekas McCarthy (MO) Slaughter leave it to them to do it. vice, and there were—ayes 71, noes 356, Gephardt McCarthy (NY) Smith (MI) Mr. Chairman, I yield back the bal- not voting 7, as follows: Gibbons McCollum Smith (NJ) ance of my time. [Roll No. 337] Gilchrest McCrery Smith (TX) Gillmor McHugh Smith (WA) The CHAIRMAN. The question is on AYES—71 Gonzalez McInnis Snyder the amendment offered by the gen- Abercrombie Lazio Rohrabacher Goode McIntyre Souder tleman from Kansas (Mr. RYUN). Blumenauer Lee Ros-Lehtinen Goodlatte McKeon Spence The question was taken; and the Capps Lewis (GA) Royce Gordon McNulty Spratt Graham Meek (FL) Stabenow Chairman announced that the noes ap- Capuano Luther Ryan (WI) Conyers Maloney (NY) Sanchez Granger Meeks (NY) Stearns peared to have it. Cox McDermott Sanders Green (TX) Menendez Stenholm Mica Mr. RYUN of Kansas. Mr. Chairman, DeFazio McGovern Sanford Greenwood Strickland Gutierrez Millender- I demand a recorded vote. Delahunt McKinney Scarborough Stump Gutknecht McDonald Deutsch Meehan Schaffer Stupak The CHAIRMAN. Pursuant to House Doggett Metcalf Hall (OH) Miller (FL) Sensenbrenner Sweeney Resolution 532, further proceedings on Eshoo Miller, George Hall (TX) Miller, Gary Sessions Talent Foley Minge Hansen Mink the amendment offered by the gen- Shays Tanner Frank (MA) Moran (KS) Hastings (FL) Moakley tleman from Kansas (Mr. RYUN) will be Tauscher Gilman Nadler Sununu Hastings (WA) Mollohan postponed. Tancredo Tauzin Goodling Olver Hayes Moore Taylor (NC) Mr. PACKARD. Mr. Chairman, I Goss Owens Taylor (MS) Hayworth Moran (VA) Thompson (CA) Terry move to strike the last word. Green (WI) Pallone Hefley Morella Thomas Hoeffel Paul Thune Murtha For the benefit of the Members, I be- Herger Thompson (MS) Horn Payne Tierney Hill (IN) Myrick Thornberry lieve this is the last business before we Inslee Pelosi Toomey Hill (MT) Napolitano Thurman Jackson (IL) Petri Udall (CO) Hilleary Neal call for the series of votes. I am not Tiahrt Kelly Pombo Waters Hilliard Nethercutt aware of any other amendments, but I Towns Kingston Rahall Wexler Hinchey Ney Traficant yield to the gentleman from Michigan Kucinich Rangel Woolsey Hinojosa Northup (Mr. KNOLLENBERG), a member of the Hobson Norwood Turner NOES—356 subcommittee, for a very short col- Hoekstra Nussle Udall (NM) Ackerman Blagojevich Chenoweth-Hage Holden Oberstar Upton loquy. ´ Aderholt Bliley Clay Holt Obey Velazquez Mr. KNOLLENBERG. Mr. Chairman, Allen Blunt Clayton Hooley Ortiz Visclosky I report to the gentleman that today it Andrews Boehlert Clement Hostettler Ose Vitter was emphasized to me that the Depart- Archer Boehner Clyburn Houghton Oxley Walden Walsh ment of Energy is readying a ‘‘Power Armey Bonilla Coble Hoyer Packard Baca Bonior Coburn Hulshof Pascrell Wamp Scorecard’’ that disparages energy pro- Bachus Bono Collins Hunter Pastor Watkins duced by nuclear means, coal and nat- Baird Borski Combest Hutchinson Pease Watt (NC) ural gas. I ask that as we move forward Baker Boswell Condit Hyde Peterson (MN) Watts (OK) Baldacci Waxman to and through the conference that the Boucher Cooksey Isakson Peterson (PA) Baldwin Boyd Costello Istook Phelps Weiner matter be investigated and addressed, Ballenger Brady (PA) Coyne Jackson-Lee Pickering Weldon (FL) if necessary. Barcia Brady (TX) Cramer (TX) Pickett Weldon (PA) Mr. PACKARD. Mr. Chairman, re- Barr Brown (FL) Crane Jefferson Pitts Weller Barrett (NE) Brown (OH) Crowley Jenkins Pomeroy Weygand claiming my time, I appreciate the Barrett (WI) Bryant Cubin John Porter Whitfield gentleman bringing that to our atten- Bartlett Burr Cummings Johnson (CT) Portman Wicker tion, and we will certainly look at the Barton Burton Cunningham Johnson, E. B. Price (NC) Wilson issue as we go into conference; and Bass Buyer Danner Johnson, Sam Pryce (OH) Wise Bateman Callahan Davis (FL) Jones (NC) Quinn Wolf hopefully, we can resolve it. Becerra Calvert Davis (IL) Jones (OH) Radanovich Wu SEQUENTIAL VOTES POSTPONED IN COMMITTEE Bentsen Camp Davis (VA) Kanjorski Ramstad Wynn Bereuter Campbell Deal OF THE WHOLE Kaptur Regula Young (AK) Berkley Canady DeGette Kasich Reyes Young (FL) The CHAIRMAN. Pursuant to House Berman Cannon DeLauro Resolution 532, proceedings will now Berry Cardin DeLay NOT VOTING—7 resume on those amendments on which Biggert Carson DeMint Bilbray Castle Diaz-Balart Cook Martinez Vento further proceedings were postponed in Bilirakis Chabot Dickey Lantos McIntosh the following order: amendment No. 4 Bishop Chambliss Dicks Markey Stark

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12621 b 2248 Lee Olver Shimkus Pryce (OH) Shows Toomey Lewis (GA) Owens Skelton Quinn Shuster Traficant Messrs. GANSKE, WISE, LEVIN, and Lewis (KY) Pallone Slaughter Rahall Simpson Turner WAXMAN, Ms. BERKLEY and Ms. Linder Pascrell Smith (MI) Rangel Sisisky Visclosky LoBiondo Paul Regula Skeen DEGETTE changed their vote from Smith (NJ) Vitter Lofgren Pease Smith (WA) Reyes Smith (TX) Walden ‘‘aye’’ to ‘‘no.’’ Lucas (KY) Petri Stabenow Reynolds Snyder Waters Messrs. HOEFFEL, TIERNEY, Lucas (OK) Porter Stearns Riley Souder Watkins Rodriguez Spence MCGOVERN, METCALF, KUCINICH, Luther Portman Stenholm Watts (OK) Rogan Spratt Maloney (CT) Radanovich Sununu Weiner BLUMENAUER, GILMAN, INSLEE, Maloney (NY) Ramstad Rogers Strickland Sweeney Weldon (FL) OWENS, SUNUNU, DELAHUNT, Manzullo Rivers Rohrabacher Stump Tancredo Weldon (PA) McCarthy (MO) Roemer Rothman Stupak PAYNE, COX, UDALL of Colorado, Tauscher Weller McDermott Ros-Lehtinen Roukema Talent MCDERMOTT, LEWIS of Georgia and Terry Whitfield McGovern Royce Roybal-Allard Tanner Thompson (CA) Wicker OLVER, Mrs. MALONEY of New York, McInnis Rush Ryun (KS) Tauzin Thune Wise Ms. ESHOO, Ms. SANCHEZ, Ms. McKinney Ryan (WI) Sabo Taylor (NC) Tiahrt McNulty Salmon Sandlin Thomas Wolf PELOSI, Ms. ROS-LEHTINEN, Ms. Towns Meehan Sanchez Sawyer Thompson (MS) Wu MCKINNEY, and Ms. WATERS changed Meeks (NY) Sanders Udall (CO) Scott Thornberry Wynn their vote from ‘‘no’’ to ‘‘aye.’’ Metcalf Sanford Udall (NM) Shaw Thurman Young (AK) So the amendment was rejected. Miller (FL) Saxton Upton Sherwood Tierney Young (FL) Vela´ zquez The result of the vote was announced Minge Scarborough NOT VOTING—9 Mink Schaffer Walsh as above recorded. Moore Schakowsky Wamp Bonior Markey Stark ANNOUNCEMENT BY THE CHAIRMAN Moran (KS) Sensenbrenner Watt (NC) Cook Martinez Taylor (MS) Moran (VA) Serrano Waxman Ganske McIntosh Vento The CHAIRMAN. Pursuant to House Morella Sessions Wexler Resolution 532, the Chair announces Myrick Shadegg Weygand that he will reduce to a minimum of 5 Napolitano Shays Wilson b 2257 minutes the period of time within Norwood Sherman Woolsey Mr. KUCINICH changed his vote from which a vote by electronic device will NOES—249 ‘‘no’’ to ‘‘aye.’’ be taken on each amendment on which Abercrombie Dreier Kennedy So the amendment was rejected. the Chair has postponed further pro- Allen Dunn Kildee The result of the vote was announced ceedings. Archer Edwards Kilpatrick as above recorded. AMENDMENT NO. 1 OFFERED BY MR. ANDREWS Armey Ehrlich Kind (WI) Baca Emerson King (NY) The CHAIRMAN. The pending busi- Bachus Engel Kleczka b 2300 ness is the demand for a recorded vote Baird English Klink on the amendment No. 1 offered by the Baker Etheridge Knollenberg (Mr. SABO asked and was given per- Baldacci Evans Kuykendall mission to speak out of order for one gentleman from New Jersey (Mr. An- Barcia Ewing LaFalce drews) on which further proceedings Barrett (WI) Farr Lampson minute.) were postponed and on which the noes Barton Fattah Lantos BASEBALL PRACTICE prevailed by a voice vote. Bateman Filner Largent Bentsen Forbes Larson Mr. SABO. Mr. Chairman, to all my The Clerk will redesignate the Berkley Fossella Latham colleagues on the Democratic side who amendment. Berry Fowler LaTourette were planning to be at baseball prac- The Clerk redesignated the amend- Bishop Frank (MA) Levin Blumenauer Franks (NJ) Lewis (CA) tice at 7:00 in the morning, our first ment. Blunt Frelinghuysen Lipinski practice will be at 7 a.m. on Thursday RECORDED VOTE Boehlert Frost Lowey morning, not 7 a.m. tomorrow morn- Bonilla Gejdenson Mascara ing. The CHAIRMAN. A recorded vote has Borski Gekas Matsui been demanded. Boswell Gephardt McCarthy (NY) Mr. OXLEY. Mr. Chairman, will the A recorded vote was ordered. Boucher Gibbons McCollum gentleman yield? The CHAIRMAN. This will be a 5- Boyd Gonzalez McCrery Brady (PA) Goodling McHugh Mr. SABO. I yield to the gentleman minute vote. Brady (TX) Gordon McIntyre from Ohio. The vote was taken by electronic de- Brown (FL) Granger McKeon Mr. OXLEY. Mr. Chairman, I thank vice, and there were—ayes 176, noes 249, Bryant Green (TX) Meek (FL) Burton Green (WI) Menendez the gentleman for yielding to me. The not voting 9, as follows: Buyer Greenwood Mica good news on the Republican side, we [Roll No. 338] Callahan Hansen Millender- will not practice tomorrow morning Calvert Hastings (WA) McDonald due to wet ground. AYES—176 Camp Hayworth Miller, Gary Ackerman Coble Goode Campbell Herger Miller, George AMENDMENT OFFERED BY MR. SHERWOOD Aderholt Collins Goodlatte Canady Hilleary Moakley The CHAIRMAN. The pending busi- Andrews Combest Goss Cannon Hilliard Mollohan Baldwin Condit Graham Capuano Hinojosa Murtha ness is the demand for a recorded vote Ballenger Conyers Gutierrez Cardin Hobson Nadler on the amendment offered by the gen- Barr Cox Gutknecht Chenoweth-Hage Hoeffel Neal tleman from Pennsylvania (Mr. SHER- Barrett (NE) Cunningham Hall (OH) Clayton Holden Nethercutt Bartlett Davis (FL) Hall (TX) Clement Hooley Ney WOOD) on which further proceedings Bass Davis (IL) Hastings (FL) Coburn Hostettler Northup were postponed and on which the ayes Becerra Davis (VA) Hayes Cooksey Houghton Nussle prevailed by voice vote. Bereuter Deal Hefley Costello Hoyer Oberstar Berman DeGette Hill (IN) Coyne Hulshof Obey The Clerk will redesignate the Biggert DeMint Hill (MT) Cramer Hunter Ortiz amendment. Bilbray Deutsch Hinchey Crane Hutchinson Ose The Clerk redesignated the amend- Bilirakis Diaz-Balart Hoekstra Crowley Hyde Oxley Blagojevich Doggett Holt Cubin Isakson Packard ment. Bliley Dooley Horn Cummings Jackson-Lee Pastor RECORDED VOTE Boehner Duncan Inslee Danner (TX) Payne Bono Ehlers Istook DeFazio Jefferson Pelosi The CHAIRMAN. A recorded vote has Brown (OH) Eshoo Jackson (IL) Delahunt Jenkins Peterson (MN) been demanded. Burr Everett Johnson (CT) DeLauro John Peterson (PA) A recorded vote was ordered. Capps Fletcher Kelly DeLay Johnson, E. B. Phelps Carson Foley Kingston Dickey Johnson, Sam Pickering The CHAIRMAN. This will be a 5- Castle Ford Kolbe Dicks Jones (NC) Pickett minute vote. Chabot Gallegly Kucinich Dingell Jones (OH) Pitts The vote was taken by electronic de- Chambliss Gilchrest LaHood Dixon Kanjorski Pombo Clay Gillmor Lazio Doolittle Kaptur Pomeroy vice, and there were—ayes 393, noes 33, Clyburn Gilman Leach Doyle Kasich Price (NC) not voting 8, as follows:

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12622 CONGRESSIONAL RECORD—HOUSE June 27, 2000 [Roll No. 339] Pelosi Scarborough Thompson (CA) [Roll No. 340] Peterson (MN) Schakowsky AYES—393 Thompson (MS) Peterson (PA) Scott Thornberry AYES—239 Abercrombie Dickey Kelly Petri Serrano Thune Abercrombie Goodlatte Petri Ackerman Dicks Kennedy Phelps Sessions Thurman Aderholt Goodling Pickering Aderholt Dingell Kildee Pickering Shadegg Tiahrt Andrews Gordon Pitts Allen Dixon Kilpatrick Pickett Shaw Tierney Archer Goss Pombo Andrews Doggett Kind (WI) Pomeroy Shays Towns Armey Graham Porter Archer Dooley King (NY) Porter Sherman Traficant Baca Granger Portman Armey Doyle Kingston Portman Sherwood Turner Bachus Green (WI) Pryce (OH) Baca Dreier Kleczka Price (NC) Shows Udall (CO) Baker Greenwood Radanovich Bachus Dunn Klink Pryce (OH) Shuster Udall (NM) Ballenger Gutknecht Ramstad Baird Edwards Knollenberg Quinn Simpson Upton Barcia Hall (TX) Regula Baker Ehlers Kolbe Radanovich Sisisky Vela´ zquez Barr Hansen Baldacci Reynolds Ehrlich Kucinich Rahall Skeen Visclosky Bartlett Hastings (WA) Baldwin Emerson Kuykendall Ramstad Skelton Riley Vitter Barton Hayes Barr Engel LaFalce Rangel Slaughter Rogan Walsh Bass Hayworth Barrett (NE) English LaHood Regula Smith (MI) Rogers Wamp Bateman Hefley Barrett (WI) Eshoo Lampson Reyes Smith (NJ) Rohrabacher Waters Bereuter Herger Bartlett Etheridge Lantos Reynolds Smith (TX) Ros-Lehtinen Watkins Berry Hill (MT) Barton Roukema Evans Largent Riley Smith (WA) Biggert Hilleary Bass Watt (NC) Royce Everett Larson Rivers Snyder Bilbray Hobson Bateman Watts (OK) Ryan (WI) Ewing Latham Rodriguez Spence Bilirakis Hoekstra Becerra Waxman Ryun (KS) Farr LaTourette Roemer Spratt Blagojevich Horn Bentsen Weiner Salmon Fattah Lazio Rogan Stabenow Bliley Hostettler Bereuter Weldon (FL) Sandlin Filner Leach Rogers Stearns Blunt Houghton Berkley Weldon (PA) Sanford Fletcher Lee Ros-Lehtinen Stenholm Boehlert Hulshof Berman Weller Saxton Foley Levin Rothman Strickland Boehner Hunter Berry Wexler Scarborough Forbes Lewis (CA) Roukema Stump Bonilla Hutchinson Biggert Weygand Schaffer Ford Lewis (GA) Roybal-Allard Stupak Bono Hyde Bilbray Whitfield Sensenbrenner Fossella Lewis (KY) Rush Sweeney Boswell Inslee Bilirakis Wicker Sessions Fowler Linder Ryan (WI) Talent Brady (TX) Isakson Bishop Wilson Shadegg Frank (MA) Lipinski Ryun (KS) Tanner Bryant Istook Blagojevich Wise Shaw Franks (NJ) LoBiondo Sabo Tauscher Burr Jenkins Bliley Wolf Shays Frelinghuysen Lofgren Sanchez Tauzin Burton John Blumenauer Woolsey Sherwood Frost Lowey Sanders Taylor (MS) Buyer Johnson (CT) Blunt Wynn Shimkus Gallegly Lucas (KY) Sandlin Taylor (NC) Callahan Johnson, Sam Boehlert Young (AK) Shows Gejdenson Lucas (OK) Sawyer Terry Calvert Jones (NC) Boehner Shuster Gekas Luther Saxton Thomas Young (FL) Camp Kasich Bonilla Simpson Gephardt Maloney (CT) Campbell Kelly Bonior Sisisky Gibbons Maloney (NY) NOES—33 Canady Kildee Bono Gilchrest Manzullo Skeen Ballenger Hill (MT) Salmon Cannon Kingston Borski Gillmor Mascara Skelton Burton Hostettler Sanford Castle Kuykendall Boswell Gilman Matsui Smith (MI) Coble Johnson, Sam Schaffer Chabot LaHood Boucher Gonzalez McCarthy (MO) Smith (NJ) Coburn Jones (NC) Sensenbrenner Chambliss Largent Boyd Goode McCarthy (NY) Smith (TX) Cox Miller, Gary Shimkus Chenoweth-Hage Latham Brady (PA) Goodlatte McCollum Cunningham Paul Souder Coble LaTourette Smith (WA) Brady (TX) Goodling McCrery Doolittle Pease Sununu Coburn Lazio Souder Brown (FL) Gordon McDermott Duncan Pitts Tancredo Collins Leach Spence Brown (OH) Graham McGovern Goss Pombo Toomey Combest Lewis (CA) Stabenow Bryant Granger McHugh Gutknecht Rohrabacher Walden Cooksey Lewis (KY) Stearns Burr Green (TX) McInnis Hefley Royce Wu Cox Linder Stenholm Buyer Green (WI) McIntyre Crowley LoBiondo Stump Callahan Greenwood McKeon NOT VOTING—8 Cubin Lofgren Sununu Calvert Gutierrez McKinney Cunningham Lucas (KY) Sweeney Camp Barcia Markey Stark Hall (OH) McNulty Danner Lucas (OK) Talent Campbell Cook Martinez Vento Hall (TX) Meehan Davis (VA) Luther Tancredo Canady Ganske McIntosh Hansen Meek (FL) Deal Maloney (CT) Tanner Cannon Hastings (FL) Meeks (NY) DeFazio Manzullo Tauscher Capps Hastings (WA) Menendez DeLay McCollum Tauzin Capuano b 2305 Hayes Metcalf DeMint McCrery Taylor (MS) Cardin Hayworth Mica Diaz-Balart McHugh Taylor (NC) Carson So the amendment was agreed to. Herger Millender- Dickey McInnis Terry Castle Hill (IN) McDonald The result of the vote was announced Doolittle McKeon Thomas Chabot Hilleary Miller (FL) Dreier McKinney Thornberry Chambliss as above recorded. Hilliard Miller, George Duncan Metcalf Thune Chenoweth-Hage Hinchey Minge AMENDMENT OFFERED BY MR. RYUN OF KANSAS Dunn Mica Tiahrt Clay Hinojosa Mink Ehrlich Miller (FL) Toomey Clayton Hobson Moakley The CHAIRMAN. The pending busi- English Miller, Gary Traficant Clement Hoeffel Mollohan ness is the demand for a recorded vote Everett Minge Turner Clyburn Hoekstra Moore Ewing Moran (KS) Upton Collins on the amendment offered by the gen- Holden Moran (KS) Fletcher Myrick Vitter Combest Holt Moran (VA) tleman from Kansas (Mr. RYUN) on Foley Nethercutt Walden Condit Hooley Morella which further proceedings were post- Fossella Ney Walsh Conyers Horn Murtha Fowler Northup Wamp Cooksey poned and on which the noes prevailed Houghton Myrick Franks (NJ) Norwood Watkins Costello by voice vote. Hoyer Nadler Gallegly Nussle Watts (OK) Coyne Hulshof Napolitano The Clerk will redesignate the Gekas Oxley Weldon (PA) Cramer Hunter Neal Gibbons Pallone Weller Crane amendment. Hutchinson Nethercutt Gilchrest Paul Whitfield Crowley Hyde Ney The Clerk redesignated the amend- Gillmor Pease Wicker Cubin Inslee Northup Gilman Peterson (MN) Wilson Cummings ment. Isakson Norwood Goode Peterson (PA) Young (AK) Danner Istook Nussle RECORDED VOTE Davis (FL) Jackson (IL) Oberstar NOES—187 Davis (IL) Jackson-Lee Obey The CHAIRMAN. A recorded vote has Davis (VA) (TX) Olver been demanded. Ackerman Berman Capps Deal Jefferson Ortiz Allen Bishop Capuano DeFazio Jenkins Ose A recorded vote was ordered. Baird Blumenauer Cardin DeGette John Owens Baldacci Bonior Carson Delahunt Johnson (CT) Oxley The CHAIRMAN. This will be a 5- Baldwin Borski Clay DeLauro Johnson, E. B. Packard minute vote. Barrett (NE) Boucher Clayton DeLay Jones (OH) Pallone The vote was taken by electronic de- Barrett (WI) Boyd Clement DeMint Kanjorski Pascrell Becerra Brady (PA) Clyburn Deutsch Kaptur Pastor vice, and there were—ayes 239, noes 187, Bentsen Brown (FL) Condit Diaz-Balart Kasich Payne not voting 8, as follows: Berkley Brown (OH) Conyers

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12623 Costello Jones (OH) Pascrell AMENDING INTERNAL REVENUE to public inspection of applications) is Coyne Kanjorski Pastor CODE TO REQUIRE 527 ORGANIZA- amended— Cramer Kaptur Payne TIONS TO DISCLOSE POLITICAL (i) by inserting ‘‘or a political organization Crane Kennedy Pelosi is exempt from taxation under section 527 for Cummings Kilpatrick Phelps ACTIVITIES any taxable year’’ after ‘‘taxable year’’, Davis (FL) Kind (WI) Pickett Davis (IL) King (NY) Pomeroy Mr. HOUGHTON. Mr. Speaker, I (ii) by inserting ‘‘or notice of status filed DeGette Kleczka Price (NC) move to suspend the rules and pass the by the organization under section 527(i)’’ be- Delahunt Klink Quinn bill (H.R. 4762) to amend the Internal fore ‘‘, together’’, DeLauro Knollenberg Rahall Revenue Code of 1986 to require 527 or- (iii) by inserting ‘‘or notice’’ after ‘‘such Deutsch Kolbe Rangel application’’ each place it appears, Dicks Kucinich Reyes ganizations to disclose their political (iv) by inserting ‘‘or notice’’ after ‘‘any ap- Dingell LaFalce Rivers activities. plication’’, Dixon Lampson Rodriguez The Clerk read as follows: (v) by inserting ‘‘for exemption from tax- Doggett Larson Roemer H.R. 4762 ation under section 501(a)’’ after ‘‘any orga- Dooley Lee Rothman Doyle Levin Roybal-Allard Be it enacted by the Senate and House of Rep- nization’’ in the last sentence, and Edwards Lewis (GA) Rush resentatives of the United States of America in (vi) by inserting ‘‘OR 527’’ after ‘‘SECTION Ehlers Lipinski Sabo Congress assembled, 501’’ in the heading. Sanchez ONFORMING AMENDMENT Emerson Lowey SECTION 1. REQUIRED NOTIFICATION OF SEC- (B) C .—The heading Engel Maloney (NY) Sanders TION 527 STATUS. for section 6104(a) of such Code is amended Eshoo Mascara Sawyer (a) IN GENERAL.—Section 527 of the Inter- by inserting ‘‘OR NOTICE OF STATUS’’ before Etheridge Matsui Schakowsky the period. Evans McCarthy (MO) Scott nal Revenue Code of 1986 (relating to polit- (2) INSPECTION OF NOTICE ON INTERNET AND Farr McCarthy (NY) Serrano ical organizations) is amended by adding at IN PERSON.—Section 6104(a) of such Code is Fattah McDermott Sherman the end the following new subsection: Filner McGovern Slaughter ‘‘(i) ORGANIZATIONS MUST NOTIFY SEC- amended by adding at the end the following Forbes McIntyre Snyder RETARY THAT THEY ARE SECTION 527 ORGANI- new paragraph: Ford McNulty Spratt ZATIONS.— ‘‘(3) INFORMATION AVAILABLE ON INTERNET Frank (MA) Meehan Strickland AND IN PERSON ‘‘(1) IN GENERAL.—Except as provided in .— Stupak Frelinghuysen Meek (FL) paragraph (5), an organization shall not be ‘‘(A) IN GENERAL.—The Secretary shall Frost Meeks (NY) Thompson (CA) make publicly available, on the Internet and Gejdenson Menendez Thompson (MS) treated as an organization described in this section— at the offices of the Internal Revenue Serv- Gephardt Millender- Thurman ice— Gonzalez McDonald Tierney ‘‘(A) unless it has given notice to the Sec- ‘‘(i) a list of all political organizations Green (TX) Miller, George Towns retary, electronically and in writing, that it which file a notice with the Secretary under Gutierrez Mink Udall (CO) is to be so treated, or section 527(i), and Hall (OH) Moakley Udall (NM) ‘‘(B) if the notice is given after the time re- ´ ‘‘(ii) the name, address, electronic mailing Hastings (FL) Mollohan Velazquez quired under paragraph (2), the organization Hill (IN) Moore Visclosky address, custodian of records, and contact shall not be so treated for any period before Hilliard Moran (VA) Waters person for such organization. such notice is given. Hinchey Morella Watt (NC) ‘‘(B) TIME TO MAKE INFORMATION AVAIL- ‘‘(2) TIME TO GIVE NOTICE.—The notice re- Hinojosa Murtha Waxman ABLE.—The Secretary shall make available quired under paragraph (1) shall be trans- Hoeffel Nadler Weiner the information required under subparagraph Holden Napolitano Weldon (FL) mitted not later than 24 hours after the date (A) not later than 5 business days after the Holt Neal Wexler on which the organization is established. Secretary receives a notice from a political Hooley Oberstar Weygand ONTENTS OF NOTICE.—The notice re- ‘‘(3) C organization under section 527(i).’’. Hoyer Obey Wise quired under paragraph (1) shall include in- Jackson (IL) Olver Wolf (3) INSPECTION BY COMMITTEE OF CON- formation regarding— Jackson-Lee Ortiz Woolsey GRESS.—Section 6104(a)(2) of such Code is (TX) Ose Wu ‘‘(A) the name and address of the organiza- amended by inserting ‘‘or notice of status of Jefferson Owens Wynn tion (including any business address, if dif- any political organization which is exempt Johnson, E. B. Packard Young (FL) ferent) and its electronic mailing address, from taxation under section 527 for any tax- ‘‘(B) the purpose of the organization, able year’’ after ‘‘taxable year’’. NOT VOTING—8 ‘‘(C) the names and addresses of its offi- (4) PUBLIC INSPECTION MADE AVAILABLE BY Cook Markey Stark cers, highly compensated employees, contact ORGANIZATION.—Section 6104(d) of such Code Ganske Martinez Vento person, custodian of records, and members of (relating to public inspection of certain an- Lantos McIntosh its Board of Directors, nual returns and applications for exemption) ‘‘(D) the name and address of, and relation- is amended— ship to, any related entities (within the b 2312 (A) by striking ‘‘AND APPLICATIONS FOR EX- meaning of section 168(h)(4)), and EMPTION’’ and inserting ‘‘, APPLICATIONS FOR Mr. MEEHAN changed his vote from ‘‘(E) such other information as the Sec- EXEMPTION, AND NOTICES OF STATUS’’ in the retary may require to carry out the internal ‘‘aye’’ to ‘‘no.’’ heading, revenue laws. (B) by inserting ‘‘or notice of status under Mr. BOEHLERT and Mr. ENGLISH ‘‘(4) EFFECT OF FAILURE.—In the case of an section 527(i)’’ after ‘‘section 501’’ and by in- changed their vote from ‘‘no’’ to ‘‘aye.’’ organization failing to meet the require- serting ‘‘or any notice materials’’ after ‘‘ma- ments of paragraph (1) for any period, the terials’’ in paragraph (1)(A)(ii), So the amendment was agreed to. taxable income of such organization shall be (C) by inserting or ‘‘or such notice mate- The result of the vote was announced computed by taking into account any ex- rials’’ after ‘‘materials’’ in paragraph (1)(B), empt function income (and any deductions as above recorded. and directly connected with the production of (D) by adding at the end the following new Mr. PACKARD. Mr. Chairman, I such income). paragraph: move that the Committee do now rise. ‘‘(5) EXCEPTIONS.—This subsection shall ‘‘(6) NOTICE MATERIALS.—For purposes of not apply to any organization— paragraph (1), the term ‘notice materials’ The motion was agreed to. ‘‘(A) to which this section applies solely by means the notice of status filed under sec- Accordingly, the Committee rose; reason of subsection (f)(1), or tion 527(i) and any papers submitted in sup- ‘‘(B) which reasonably anticipates that it and the Speaker pro tempore (Mr. port of such notice and any letter or other will not have gross receipts of $25,000 or more document issued by the Internal Revenue PEASE) having assumed the chair, Mr. for any taxable year. Service with respect to such notice.’’. BARRETT of Nebraska, Chairman of the ‘‘(6) COORDINATION WITH OTHER REQUIRE- (c) FAILURE TO MAKE PUBLIC.—Section Committee of the Whole House on the MENTS.—This subsection shall not apply to 6652(c)(1)(D) of the Internal Revenue Code of any person required (without regard to this 1986 (relating to public inspection of applica- State of the Union, reported that that subsection) to report under the Federal Elec- tions for exemption) is amended— Committee, having had under consider- tion Campaign Act of 1971 (2 U.S.C. 431 et (1) by inserting ‘‘or notice materials (as de- ation the bill (H.R. 4733) making appro- seq.) as a political committee.’’. fined in such section)’’ after ‘‘section)’’, and priations for energy and water develop- (b) DISCLOSURE REQUIREMENTS.— (2) by inserting ‘‘AND NOTICE OF STATUS’’ (1) INSPECTION AT INTERNAL REVENUE SERV- ment for the fiscal year ending Sep- after ‘‘EXEMPTION’’ in the heading. ICE OFFICES.— (d) EFFECTIVE DATE.— tember 30, 2001, and for other purposes, (A) IN GENERAL.—Section 6104(a)(1)(A) of (1) IN GENERAL.—Except as provided in had come to no resolution thereon. the Internal Revenue Code of 1986 (relating paragraphs (2) and (3), the amendments made

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12624 CONGRESSIONAL RECORD—HOUSE June 27, 2000 by this section shall take effect on the date filed in accordance with subparagraph (relating to nondisclosure of contributors, of the enactment of this section. (A)(i)(II), a post-general election report shall etc.) is amended by inserting ‘‘or a political (2) ORGANIZATIONS ALREADY IN EXISTENCE.— be filed in accordance with subparagraph organization exempt from taxation under In the case of an organization established be- (A)(i)(III), and a year end report shall be section 527’’ after ‘‘509(a))’’. fore the date of the enactment of this sec- filed not later than January 31 of the fol- (3) DISCLOSURE BY INTERNAL REVENUE SERV- tion, the time to file the notice under sec- lowing calendar year. ICE.—Section 6104(d) of such Code is amended tion 527(i)(2) of the Internal Revenue Code of ‘‘(3) CONTENTS OF REPORT.—A report re- by adding at the end the following new para- 1986, as added by this section, shall be 30 quired under paragraph (2) shall contain the graph: days after the date of the enactment of this following information: ‘‘(6) DISCLOSURE OF REPORTS BY INTERNAL section. ‘‘(A) The amount of each expenditure made REVENUE SERVICE.—Any report filed by an or- (3) INFORMATION AVAILABILITY.—The to a person if the aggregate amount of ex- ganization under section 527(j) (relating to amendment made by subsection (b)(2) shall penditures to such person during the cal- required disclosure of expenditures and con- take effect on the date that is 45 days after endar year equals or exceeds $500 and the tributions) shall be made available to the the date of the enactment of this section. name and address of the person (in the case public at such times and in such places as SEC. 2. DISCLOSURES BY POLITICAL ORGANIZA- of an individual, including the occupation the Secretary may prescribe.’’. TIONS. and name of employer of such individual). (c) FAILURE TO MAKE PUBLIC.—Section (a) REQUIRED DISCLOSURE OF 527 ORGANIZA- ‘‘(B) The name and address (in the case of 6652(c)(1)(C) of the Internal Revenue Code of TIONS.—Section 527 of the Internal Revenue an individual, including the occupation and 1986 (relating to public inspection of annual Code of 1986 (relating to political organiza- name of employer of such individual) of all returns) is amended— tions), as amended by section 1(a), is amend- contributors which contributed an aggregate (1) by inserting ‘‘or report required under ed by adding at the end the following new amount of $200 or more to the organization section 527(j)’’ after ‘‘filing)’’, section: during the calendar year and the amount of (2) by inserting ‘‘or report’’ after ‘‘1 re- ‘‘(j) REQUIRED DISCLOSURE OF EXPENDI- the contribution. turn’’, and TURES AND CONTRIBUTIONS.— Any expenditure or contribution disclosed in (3) by inserting ‘‘AND REPORTS’’ after ‘‘RE- ‘‘(1) PENALTY FOR FAILURE.—In the case a previous reporting period is not required to TURNS’’ in the heading. of— be included in the current reporting period. (d) EFFECTIVE DATE.—The amendment ‘‘(A) a failure to make the required disclo- ‘‘(4) CONTRACTS TO SPEND OR CONTRIBUTE.— made by subsection (a) shall apply to expend- sures under paragraph (2) at the time and in For purposes of this subsection, a person itures made and contributions received after the manner prescribed therefor, or shall be treated as having made an expendi- the date of enactment of this Act, except ‘‘(B) a failure to include any of the infor- ture or contribution if the person has con- that such amendment shall not apply to ex- mation required to be shown by such disclo- tracted or is otherwise obligated to make the penditures made, or contributions received, sures or to show the correct information, expenditure or contribution. after such date pursuant to a contract en- there shall be paid by the organization an ‘‘(5) COORDINATION WITH OTHER REQUIRE- tered into on or before such date. amount equal to the rate of tax specified in MENTS.—This subsection shall not apply— SEC. 3. RETURN REQUIREMENTS RELATING TO subsection (b)(1) multiplied by the amount to ‘‘(A) to any person required (without re- SECTION 527 ORGANIZATIONS. which the failure relates. gard to this subsection) to report under the (a) RETURN REQUIREMENTS.— ‘‘(2) REQUIRED DISCLOSURE.—A political or- Federal Election Campaign Act of 1971 (2 (1) ORGANIZATIONS REQUIRED TO FILE.—Sec- ganization which accepts a contribution, or U.S.C. 431 et seq.) as a political committee, tion 6012(a)(6) of the Internal Revenue Code makes an expenditure, for an exempt func- ‘‘(B) to any State or local committee of a of 1986 (relating to political organizations re- tion during any calendar year shall file with political party or political committee of a quired to make returns of income) is amend- the Secretary either— State or local candidate, ed by inserting ‘‘or which has gross receipts ‘‘(A)(i) in the case of a calendar year in ‘‘(C) to any organization which reasonably of $25,000 or more for the taxable year (other which a regularly scheduled election is anticipates that it will not have gross re- than an organization to which section 527 ap- held— ceipts of $25,000 or more for any taxable year, plies solely by reason of subsection (f)(1) of ‘‘(I) quarterly reports, beginning with the ‘‘(D) to any organization to which this sec- such section)’’ after ‘‘taxable year’’. first quarter of the calendar year in which a tion applies solely by reason of subsection (2) INFORMATION REQUIRED TO BE INCLUDED contribution is accepted or expenditure is (f)(1), or ON RETURN.—Section 6033 of such Code (relat- made, which shall be filed not later than the ‘‘(E) with respect to any expenditure which ing to returns by exempt organizations) is 15th day after the last day of each calendar is an independent expenditure (as defined in amended by redesignating subsection (g) as quarter, except that the report for the quar- section 301 of such Act). subsection (h) and inserting after subsection ter ending on December 31 of such calendar ‘‘(6) ELECTION.—For purposes of this sub- (f) the following new subsection: year shall be filed not later than January 31 section, the term ‘election’ means— ‘‘(g) RETURNS REQUIRED BY POLITICAL OR- of the following calendar year, ‘‘(A) a general, special, primary, or runoff GANIZATIONS.—In the case of a political orga- ‘‘(II) a pre-election report, which shall be election for a Federal office, nization required to file a return under sec- filed not later than the 12th day before (or ‘‘(B) a convention or caucus of a political tion 6012(a)(6)— posted by registered or certified mail not party which has authority to nominate a ‘‘(1) such organization shall file a return— later than the 15th day before) any election candidate for Federal office, ‘‘(A) containing the information required, with respect to which the organization ‘‘(C) a primary election held for the selec- and complying with the other requirements, makes a contribution or expenditure, and tion of delegates to a national nominating under subsection (a)(1) for organizations ex- which shall be complete as of the 20th day convention of a political party, or empt from taxation under section 501(a), and before the election, and ‘‘(D) a primary election held for the expres- ‘‘(B) containing such other information as ‘‘(III) a post-general election report, which sion of a preference for the nomination of in- the Secretary deems necessary to carry out shall be filed not later than the 30th day dividuals for election to the office of Presi- the provisions of this subsection, and after the general election and which shall be dent.’’. ‘‘(2) subsection (a)(2)(B) (relating to discre- complete as of the 20th day after such gen- (b) PUBLIC DISCLOSURE OF REPORTS.— tionary exceptions) shall apply with respect eral election, and (1) IN GENERAL.—Section 6104(d) of the In- to such return.’’. ‘‘(ii) in the case of any other calendar year, ternal Revenue Code of 1986 (relating to pub- (b) PUBLIC DISCLOSURE OF RETURNS.— a report covering the period beginning Janu- lic inspection of certain annual returns and (1) RETURNS MADE AVAILABLE BY SEC- ary 1 and ending June 30, which shall be filed applications for exemption), as amended by RETARY.— no later than July 31 and a report covering section 1(b)(4), is amended— (A) IN GENERAL.—Section 6104(b) of the In- the period beginning July 1 and ending De- (A) by inserting ‘‘REPORTS,’’ after ‘‘RE- ternal Revenue Code of 1986 (relating to in- cember 31, which shall be filed no later than TURNS,’’ in the heading, spection of annual information returns) is January 31 of the following calendar year, or (B) in paragraph (1)(A), by striking ‘‘and’’ amended by inserting ‘‘6012(a)(6),’’ before ‘‘(B) monthly reports for the calendar year, at the end of clause (i), by inserting ‘‘and’’ at ‘‘6033’’. beginning with the first month of the cal- the end of clause (ii), and by inserting after (B) CONTRIBUTOR INFORMATION.—Section endar year in which a contribution is accept- clause (ii) the following new clause: 6104(b) of such Code is amended by inserting ed or expenditure is made, which shall be ‘‘(iii) the reports filed under section 527(j) ‘‘or a political organization exempt from filed not later than the 20th day after the (relating to required disclosure of expendi- taxation under section 527’’ after ‘‘509(a)’’. last day of the month and shall be complete tures and contributions) by such organiza- (2) RETURNS MADE AVAILABLE BY ORGANIZA- as if the last day of the month, except that, tion,’’, and TIONS.— in lieu of filing the reports otherwise due in (C) in paragraph (1)(B), by inserting ‘‘, re- (A) IN GENERAL.—Paragraph (1)(A)(i) of sec- November and December of any year in ports,’’ after ‘‘return’’. tion 6104(d) of such Code (relating to public which a regularly scheduled general election (2) DISCLOSURE OF CONTRIBUTORS AL- inspection of certain annual returns, reports, is held, a pre-general election report shall be LOWED.—Section 6104(d)(3)(A) of such Code applications for exemption, and notices of

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12625

status) is amended by inserting ‘‘or section Texas (Mr. DOGGETT) and the gen- amendments to perfect the reform that 6012(a)(6) (relating to returns by political or- tleman from Connecticut (Mr. SHAYS) has been advanced and to broaden it to ganizations)’’ after ‘‘organizations)’’. and the gentleman from Delaware (Mr. be more comprehensive reform, and (B) CONFORMING AMENDMENTS.— CASTLE). certainly its passage is imperiled by (i) Section 6104(d)(1) of such Code is amend- ed in the matter preceding subparagraph (A) We changed the Senate sanction pro- the two-thirds requirement. by inserting ‘‘or an organization exempt vision to apply 35 percent tax rate Mr. Speaker, I did not pick the proce- from taxation under section 527(a)’’ after against nondisclosed amounts, and dure. We have it, I think we should uti- ‘‘501(a)’’. that is all. So I just have to feel that lize it now to try to move forward in (ii) Section 6104(d)(2) of such Code is passing this bill on suspension will the most constructive way possible to amended by inserting ‘‘or section 6012(a)(6)’’ send a signal that, yes, that we can do approve a reform that will be signifi- after ‘‘section 6033’’. something on campaign finance re- cant, though modest, in addressing this (c) FAILURE TO FILE RETURN.—Section form, just as the Senate did. abuse. 6652(c)(1) of the Internal Revenue Code of This is not the end. It is the first step Mr. HOUGHTON. Mr. Speaker, I yield 1986 (relating to annual returns under sec- 2 minutes to the gentleman from Texas tion 6033) is amended— and a big one; and we still need to (1) by inserting ‘‘or section 6012(a)(6) (relat- move forward on better disclosure, but (Mr. ARCHER), the chairman of the ing to returns by political organizations)’’ that will come. First, we must pass Committee on Ways and Means. after ‘‘organizations)’’ in subparagraph this legislation. Mr. ARCHER. Mr. Speaker, I thank (A)(i), Mr. Speaker, I reserve the balance of the gentleman for yielding me the (2) by inserting ‘‘or section 6012(a)(6)’’ after my time. time, and I particularly appreciate his ‘‘section 6033’’ in subparagraph (A)(ii), efforts to put together a bipartisan (3) by inserting ‘‘or section 6012(a)(6)’’ after b 2320 bill. This is one of the most conten- ‘‘section 6033’’ in the third sentence of sub- Mr. RANGEL. Mr. Speaker, I yield tious issues for all of us, because the paragraph (A), and myself such time as I may consume. Democrats say we have to have an ad- (4) by inserting ‘‘OR 6012(a)(6)’’ after ‘‘SEC- vantage and the Republicans say we TION 6033’’ in the heading. Mr. Speaker, I know we all are anx- (d) EFFECTIVE DATE.—The amendments ious to vote, but this is such a great have to have an advantage. When we made by this section shall apply to returns victory for Republicans and Democrats get into campaign finance reform, it is for taxable years beginning after June 30, to do the right thing. highly charged politically. 2000. I would like to believe that many on The gentleman from New York (Mr. The SPEAKER pro tempore. Pursu- the other side would really want to HOUGHTON), I think, has done a tremen- ant to the rule, the gentleman from join with us, because I think that the dous job in trying to work through New York (Mr. HOUGHTON) and the gen- voters are very concerned about how that; and I applaud him for that. First, this bill does nothing but re- tleman from New York (Mr. RANGEL) we got to where we are this evening. each will control 20 minutes. Mr. Speaker, I want to compliment quire disclosure. It does not change The Chair recognizes the gentleman my friend, the gentleman from New anything as to how much money can be given or how it can be used, any of from New York (Mr. HOUGHTON). York (Mr. HOUGHTON) and the gen- those other substantive things in the GENERAL LEAVE tleman from Connecticut (Mr. SHAYS), but I am afraid that I do them more law. Mr. HOUGHTON. Mr. Speaker, I ask I am sad that we could not broaden it harm than good by doing that, but it unanimous consent that all Members more. I think any tax exempt entity does show what happens when good may have 5 legislative days within that is excused from paying any in- people decide that they are going to do which to revise and extend their re- come tax under our law and engages in the right thing. We do not care what marks and include extraneous material significant political activity should we will call the bill, but we are con- on H.R. 4762. have to disclose and report. It should cerned that we do have a bill that we The SPEAKER pro tempore. Is there not be simply limited to one group, can move forward on a bipartisan basis. objection to the request of the gen- but, unfortunately, that was not going Mr. Speaker, I would like to con- tleman from New York? to be accepted on a bipartisan basis. There was no objection. gratulate the gentleman from Texas We are back now on what has been Mr. HOUGHTON. Mr. Speaker, I yield (Mr. DOGGETT) for doggedly following agreed to basically on the Senate side myself such time as I may consume. through. and by a large number of Members of Mr. Speaker, the hour is late and it Mr. Speaker, in view of the over- the House of Representatives, and it is has been a long day, but I frankly whelming support on this side of the a disclosure bill. thought I would be here tonight talk- aisle, we can see whether the gen- Mr. Speaker, I support it, but I wish ing about another bill, H.R. 4717. It has tleman from Texas (Mr. DOGGETT) has we had more significant campaign fi- a long title, the Full and Fair Political earned it on the other side. nance reform that was much broader in Activity Disclosure Act of 2000, but Mr. Speaker, I yield 1 minute to the nature. I, again, applaud the gentleman this is not the case. gentleman from Texas (Mr. DOGGETT). from New York (Mr. HOUGHTON) for his As it turned out, it was not the right Mr. DOGGETT. Mr. Speaker, I thank work, and I do urge the passage of this time, either. This is a fact, and we now the gentleman for yielding me the bill. move on to H.R. 4762, an entirely dif- time. Mr. RANGEL. Mr. Speaker, I yield ferent bill. Mr. Speaker, since March, we have myself such time as I may consume. Furthermore, it is the way our demo- called on the House to come together Mr. Speaker, I would like to con- cratic process works. One shoots as to support in a bipartisan fashion a gratulate my distinguished chairman, high as they possibly can and ends up cleanup of some of the worst excesses the gentleman from Texas (Mr. AR- with something the majority feels is in our campaign finance system, what CHER), for the leadership that he has the best practical solution at the time. one expert referred to as the most dan- displayed on this most important piece Personally, I wanted to do two gerous loophole that has ever come of legislation. things. One is to get something done, along, period, what Senator MCCAIN Mr. Speaker, I yield 2 minutes to the which means produce the first piece of has rightly called this 527 political gentleman from Kansas (Mr. MOORE). campaign reform legislation that will loophole, an egregious and obscene dis- Mr. MOORE. Mr. Speaker, I would pass not only this House but also the tortion of everything the American like to congratulate the gentleman Senate in years. people believe in. from New York (Mr. HOUGHTON), the Secondly, to make it bipartisan this I think it is unfortunate that we have gentleman from Texas (Mr. DOGGETT), bill, 4762, is the base McCain-Feingold- this sudden switch to the suspension the gentleman from Connecticut (Mr. Lieberman bill with strong inputs from calender at this late hour, which will SHAYS), and the gentleman from Mas- the gentleman from Massachusetts deny Members, both Republicans and sachusetts (Mr. MEEHAN) for their ex- (Mr. MEEHAN) and the gentleman from Democrats, an opportunity to offer cellent work on this bill.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 12626 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Back in February, I filed the Cam- Mr. Speaker, while I would have Members of that other body were re- paign Integrity Act of 2000 which is re- liked to cover more groups engaging in quired to break a filibuster. quired as to 527s only disclosure, I electioneering communications, I am So let no Member in this body or no think that should be the bottom line, pleased that we will pass significant one in this country make the mistake and that is where we are now. I am legislation that will tackle the 527 of thinking this is comprehensive cam- proud, even though this is not my bill, stealth political organization problem. paign finance reform, because it is not. to support this bill, because it is what We explored many possible alter- We still have our work cut out for us, the American people demand, it is natives, and I believe we have laid the and we are going to try to push our col- what the American people deserve. groundwork for further legislation in leagues in the other body to break that When I go home, I hear from my con- this area. Tonight we will vote on H.R. filibuster, and we are going to be back stituents, and I think a lot of my col- 4762 language taken from Senator JOHN at it. If we cannot get this done before leagues do, too, we are so tired of all MCCAIN’s legislation which has already this session, then next session. It is an the partisan bickering, the Democrats passed the Senate. important step, and I congratulate my did this and the Republicans did that; This legislation requires section 527 colleagues. what they wanted it us to do is come organizations that have gross receipts Mr. Speaker, it is very important up here and do the people’s agenda. of more than $25,000 to disclose their that we reduce the influence of money That is what we are doing tonight by donors. Whether or not we agree with in American politics. At every turn we just campaign finance reform bill is the message of any advertisement cam- have met with obstacles, but we will disclosure so people will know who is paign, I hope we can agree that voters continue in this effort; we will push trying to influence their vote and who have the right to know who is paying this effort until we break the filibuster is trying to influence Federal elec- for any campaign-related ad and who is in the other body and send a real cam- tions. That is the bottom line. I invite trying to influence their vote. paign finance reform bill for the Presi- all people of good will to vote for this The 2000 general election cycle is fast dent’s signature, because he is waiting bill tonight. approaching, and section 527 political to sign it. Mr. HOUGHTON. Mr. Speaker, I yield groups are expanding at a rapid pace Mr. HOUGHTON. Mr. Speaker, I yield 3 minutes to the gentleman from Dela- that will be a dominant force in the 1 minute to the gentleman from Vir- ware (Mr. CASTLE). 2000 election. ginia (Mr. BATEMAN). Mr. CASTLE. Mr. Speaker, I thank Mr. Speaker, I am convinced this bill Mr. BATEMAN. Mr. Speaker, I thank the distinguished gentleman from New will curb some of the most blatant the gentleman for yielding me this York (Mr. HOUGHTON) for yielding to abuses and will allow the public to time. me. I ask the indulgence of the House. Mr. Speaker, I also credit the gen- know who is supporting these groups that are now operating behind a veil of This will not be a 1-minute filibuster, I tleman from New York (Mr. RANGEL) assure my colleagues. for the tremendous work which he did, secrecy. I am concerned about the process and along with other Members in the House I urge my colleagues to join us in how we got to where we are, as much as of Representatives and in the United supporting H.R. 4762 in an effort to re- I congratulate my good friend, the gen- States Senate who have been involved store integrity to our election process tleman from New York (Mr. HOUGH- with this. and return the election process to the Tonight the House of Representatives American people. It is a real step for- TON), and those who have labored with has the opportunity to ensure that ward, and we should take it. him. meaningful campaign finance reform is Mr. RANGEL. Mr. Speaker, I yield 2 I stand here with a perception that passed in time for this year’s election. minutes to the gentleman from Massa- there are many, many Members of this H.R. 4762 is the campaign finance bill chusetts (Mr. MEEHAN). body who would not like to have any with the best chance to pass both Mr. MEEHAN. Mr. Speaker, I thank form of campaign finance reform. I Chambers and be signed into law that the gentleman for yielding me the think there are many, many Members has reached the floor of this House in time. of this body who would buy into any years. Mr. Speaker, let me thank the Re- form of campaign finance reform. I am Mr. Speaker, last week when I testi- publican Members, the gentleman from not sure what we are buying into, be- fied before the Committee on Ways and New York (Mr. HOUGHTON), who worked cause I know so little of what we are Means, I said that I would help lead the so hard to bring this here and the gen- doing. But I do know that when we fight to pass legislation that would tleman from Delaware (Mr. CASTLE), start limiting what people can do with reign in the section 527 groups if the the gentleman from Connecticut (Mr. their money to influence the outcome House could not pass more comprehen- SHAYS), as well as Democratic Mem- of the political process, we are treading sive disclosure legislation. I will do bers. on very serious constitutional ground. I choose not to tread there without that tonight. b 2330 In this case, we cannot afford to knowing much more about where I make the perfect, the enemy of the Can any of us forget over the period tread. good. Section 527 organizations set up of the last several months the efforts of Mr. RANGEL. Mr. Speaker, I yield under section 527 of the Tax Code are the gentleman from Kansas (Mr. 11⁄2 minutes to the gentleman from established to engage in political ac- MOORE) and the gentleman from Texas Georgia (Mr. LEWIS), a member of the tivities which influence our political (Mr. DOGGETT) to bring us to this point Committee on Ways and Means. process by funding an election-related in time? And I congratulate both of Mr. LEWIS of Georgia. Mr. Speaker, communications without having to dis- them for that. I rise to support this bill, H.R. 4762. I close their donors. This is an important step, but it is a want to commend the gentleman from H.R. 4762 is needed because current step. Let none of us forget the fact that Texas (Mr. DOGGETT) and the gen- campaign laws are wholly unable to this House passed a campaign finance tleman from New York (Mr. HOUGH- adequately regulate the torrent of po- reform bill by a wide bipartisan margin TON), my good friends and colleagues, litical advising by groups exploiting that would have dealt with the prob- for their work on this important issue. this loophole in both our taxation and lems in this bill. The problem is the We all know that it is time to fix our election laws. bill went over to the United States broken system of financing elections, Huge sums of money are being spent Senate with 53 Members of that body, and this bill is a good and necessary to influence the election system. This the majority of the Members, all of the first step. is a troubling new trend in campaign- Democrats and several Republicans, a Mr. Speaker, H.R. 4762 would close a finance spending by groups operating majority of that body voted to pass huge loophole by requiring simple dis- under unique designations in our Tax that bill; and it could have gone to the closure by these secret political orga- Code such as section 527. President’s desk for signature, but 60 nizations and groups. The American

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.003 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12627 people have a right to know. They have let the American people decide, and have upheld the right of groups to partici- a right to know who is funding polit- this will be a long ongoing fight. pate in the political process while retaining ical campaigns in this country. They Tonight, I am going to vote for 527, privacy for their members. I am therefore but I want to tell my colleagues, it is confident that the courts will quickly and have a right to know who is trying to decisively strike down this legislation. How influence their votes. The American such a fig leaf, it is a shame. The House will the Democrats explain to their constitu- people have a right to a free and open had a real chance at reform. We blew ents that any American who supports these election process. it. issue advocacy groups could find his or her It is time to close this loophole. It is Mr. RANGEL. Mr. Speaker, I yield names on a government list? This lack of time to get rid of the secrecy; it is time myself such time as I may consume. privacy and free speech is chilling. to fix this mess. So tonight, I urge all I want to thank the gentleman in the ‘‘This so-called ‘reform’ bill is in reality well for his vote for 527, and I hope we nothing more than a last ditch effort by the of my colleagues to support this bill. It Democrats to protect their vulnerable in- is the right thing to do. The time is al- will see who is not voting for 527. But cumbent Members from valid attacks on ways right to do right. Tonight is the that was an eloquent statement their positions and beliefs. The Left is trying first step down a long road toward po- against the bill; but I guess in the final to stamp out our right to free speech for litical campaign finance reform. analysis, it is the vote that really their own political purposes while protecting Mr. HOUGHTON. Mr. Speaker, I yield counts. their big labor friends and political contribu- 3 minutes to the gentleman from Ohio Mr. Speaker, I yield 2 minutes to the tors. The Democrats are the ultimate hypo- crites and they must explain their double (Mr. KASICH). gentleman from Washington, a member standard to the American people.’’ Mr. KASICH. Mr. Speaker, I would of the committee (Mr. MCDERMOTT). like to say to the House that of course, Mr. MCDERMOTT. Mr. Speaker, I Mr. HOUGHTON. Mr. Speaker, I yield 527 should have to disclose. But in the agree with the gentleman from Vir- 1 minute to the gentlewoman from New name of disclosure, it just should not ginia (Mr. BATEMAN), I dislike the proc- Jersey (Mrs. ROUKEMA). Mrs. ROUKEMA. Mr. Speaker, I rise be the political organizations that have ess by which we got here. We voted this in strong support of this legislation. to disclose; it should be any of the bill down twice on this floor, and now These are stealth PACs. That is ex- other organizations in this country, suddenly we went to committee, and actly what they are. They are com- whether it be business organizations we passed a bill out of that committee, pletely operating in secret, and it is a like the Chamber of Commerce, or which is not the bill which we are vot- dangerous loophole in the law that we whether it be labor organizations, ing on here on the floor. The gen- tleman from New York (Mr. Houghton), have to close. We can close it tonight. whether it be the Christian right. It It is not everything we would like to my good friend, has worked hard to does not matter who it is, if they are do, but we cannot let the perfect be the work this problem; but it is pretty engaging in blatant political activity, enemy of the good. Let us deal with clear that this is being put out at 20 they ought to have to be forced to dis- these stealth PACs, close this loophole, minutes to 12:00 so that disclosure is close so that the American people can and restore democracy to our electoral done in the middle of the night. It is understand where they get their money process. from. To limit this just to political or- kind of an irony, if one has that kind of Mr. RANGEL. Mr. Speaker, I yield ganizations is worse than even half a mind, to look at the fact that we are such time as he may consume to the bringing out a bill that nobody in a loaf. Frankly, it does not matter which gentleman from Wisconsin (Mr. BAR- committee has actually looked at the organization is electioneering. If they RETT). are electioneering, make them all re- words. Mr. BARRETT of Wisconsin. Mr. port. Do my colleagues know why? Be- We passed another bill out of our Speaker, I rise in strong support of this cause with disclosure comes power to committee, and obviously, we could bill. I thank the gentleman from Kan- not get the votes on the floor for that, the ordinary citizen. sas (Mr. MOORE) for bringing it to my The fact is, some in this House be- so suddenly, miraculously, we have a attention. lieve that the way we fix election law bill at 12 minutes to 12:00. I understand Mr. Speaker, I rise this evening in support of and we give power to ordinary people is all the rules and the way things work, the measure before us. to restrict access to the political proc- but this process is not a good one. Sincere advocates of campaign finance re- ess, to shut them down. I despise that I think the importance of campaign form have named 527 organizations Public idea. But I will tell my colleagues what finance reform is very clear. It is not a Enemy number One—and with good reason. I do believe in. Give the ordinary cit- Democrat issue, it is not a Republican 527s illustrate everything that has gone wrong izen the right and the power to know issue, it is an issue about whether peo- in America’s political campaign financing sys- who is behind all of these political or- ple are willing to participate in the tem. ganizations, all of them, and they will elections. We have all heard from our constituents make the smart decision and they will b 2340 how much they hate big money in politics. But use the real power in America, which is the one thing that undermines public con- It is expected that this election will the power of the ballot box. fidence in our electoral process more than the be the least participation since 1924 be- This is a debate tonight about one obvious influence of big monied special inter- cause people are turned off, and they big thing. Do we want to restrict ests is the hidden, disingenuous influence of are turned off by all the money in the Americans and their ability to commu- the big monied special interests. That, as we election. It is our job to clean that up nicate, or do we want to let the sun all know, is what 527s represent. The widely and get the American people back in- shine in and let Americans decide for applied term ‘‘Stealth PAC’’ aptly describes volved. This is a very small step for- themselves who is behind these polit- these groups, because they operate ‘under the ical activities. ward. Mr. Speaker, I include for the radar’ of public scrutiny and cloaked in a veil Mr. Speaker, I vote for openness. Let of secrecy. RECORD the following statement: the sun shine in. Freedom. And at the 527s wield vast power over American elec- end of the day, the people will have [From the Office of Congressman Tom tions. They are authorized under present law DeLay, June 27, 2000] their way, and they will make a deci- to raise unlimited sums of money, and they sion. DELAY TO OPPOSE MCCAIN BILL do. They can spend their vast warchests to Mr. Speaker, this bill is a sham when AN ATTACK ON OUR FIRST AMENDMENT RIGHTS buy elections for favored candidates or ruin it comes to real campaign finance re- Washington, DC: Tom Delay (R–TX), the opponents—and they do. The time has come form. We should have gone the whole House Majority Whip, issued the following to make 527 Stealth organizations account- way and forced anybody, from the right statement tonight on the vote in the House on the campaign finance reform. able to the American people. and the business community, to the Majority Whip Tom DeLay stated: ‘‘I am That is what the legislation before us would left and the labor community, to have first and foremost a constitutionalist, and do. This bill would level the playing field, by to square with the American people this bill is a clear violation of the First applying the same public disclosure require- about where they get their money and Amendment. Again and again, the courts ments to 527s as are applied to PACs under

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00114 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.003 H27JN0 12628 CONGRESSIONAL RECORD—HOUSE June 27, 2000 current law. It would give you and me a way Let me quote a congressional leader: it is not bipartisan and we cannot pass to find out just who is running those ads en- ‘‘This bill is in reality nothing more that. Excuse me. If Members want to couraging everyone in a media market to ‘Call than a last-ditch effort by the Demo- have disclosure, I think we should have For More Information About Congressman crats,’’ and I am quoting the majority total disclosure, including all that the Whomever’s Bad Record on Clean Air’. Most whip, the gentleman from Texas (Mr. unions spend all the rest spend. importantly, it would allow our constituents to DeLay), who put out a statement giv- I want to notify my friends, this is a find out just exactly which big monied special ing us credit for the bill, although not suspension. One-third of the votes will interest is trying to tell them what to think and too cheerfully. kill this bill. We ought to do it. how to vote. Under the general leave, I do think Mr. RANGEL. Mr. Speaker, I yield This bill is not perfect. Some would prefer to that in the interests of full disclosure such time as he may consume to the apply similar disclosure requirements to labor and full debate, and I do not see the gentleman from Texas (Mr. DOGGETT), unions and social welfare organizations, when majority Whip, he was apparently tied the primary sponsor of this bill. they spend money to influence elections. Oth- up somewhere, I knew he was eager to Mr. DOGGETT. Mr. Speaker, I thank ers would like to require corporations to do the be here, but under the general leave the gentleman for yielding time to me. same. These are both important points and that was gotten by the gentleman from Mr. Speaker, briefly, this is in no deserve serious debate. New York, I include the majority way a substitute for comprehensive But the bill before us allows us take an im- whip’s statement into the CONGRES- campaign finance reform of the type portant first step. It allows us to build on the SIONAL RECORD. that the gentleman from Connecticut momentum generated in the Senate, and it The material referred to is as follows: (Mr. SHAYS) and the gentleman from has been freed of poison pill provisions force- [From the Office of Congressman Tom Massachusetts (Mr. MEEHAN) have so fed by opponents who sought to scuttle this DeLay, June 27, 2000] admirably led this House in pursuing. important reform effort. This clean, consensus DELAY TO OPPOSE MCCAIN But to those who have said they bill gives us a chance to restore a measure of AN ATTACK ON OUR FIRST AMENDMENT RIGHTS wanted a much broader bill, the first fairness, candor, and accountability to Amer- Washington, DC: Tom DeLay (R–TX), the thing to point out is that 527s can be ica’s political system. House Majority Whip, issued the following used by a union, they can be used by I disagree with those opponents of reform statement tonight on the vote in the House the trial lawyers, they can be used by who argue that, if we cannot do everything, on the campaign finance reform. right-to-life, by Planned Parenthood. we should do nothing. I encourage my col- Majority Whip Tom DeLay stated: ‘‘I am This treats everyone who chooses to first and foremost a constitutionalist, and leagues to join me in voting to ground the this bill is a clear violation of the First use a 527 in exactly the same way. It Stealth campaign and in launching a new Amendment. Again and again, the courts discriminates neither for nor in favor strike against secrecy and corruption in Amer- have upheld the right of groups to partici- of anyone. ican electoral politics. pate in the political process while retaining The second thing, however, is that in Mr. RANGEL. Mr. Speaker, I yield 2 privacy for their members. I am therefore the committee, seven Republicans, led minutes to the gentleman from Massa- confident that the courts will quickly and by the gentleman from Delaware (Mr. chusetts (Mr. FRANK). decisively strike down this legislation. How CASTLE), and six Democrats came to Mr. FRANK of Massachusetts. Mr. will the Democrats explain to their constitu- the committee and they said, why do Speaker, I feel that I may be betraying ents that any American who supports these we not take a Republican idea ad- issue advocacy groups could find his or her the Constitution. The Supreme Court names on a government list? This lack of vanced by Senator SNOW and Senator just decided that a party has a right to privacy and free speech is chilling. JEFFORDS and add that onto the bill so settle its own disputes and non-mem- ‘‘This so-called ‘reform’ bill is in reality we will cover more people. bers should not interfere. I find myself nothing more than a last ditch effort by the And we Democrats on the committee in the midst of an internal Republican Democrats to protect their vulnerable in- said, yes, that is a good idea. We will dispute here tonight, but I have no cumbent Members from valid attacks on do that. Republicans on the committee choice, because that is the way the ma- their positions and beliefs. The Left is trying raised numerous objections that that to stamp out our right to free speech for jority chose to bring it up. their own political purposes while protecting just was not broad enough, so we said, I congratulate my Republican friends their big labor friends and political contribu- well, we will do more than that. We who have brought this bill forward. For tors. The Democrats are the ultimate hypo- will extend this. We will do more to be those who think it is being brought up crites and they must explain their double sure we are covering and ensuring fair- without adequate notice, they should standard to the American people.’’ ness and equity. We will cover unions know that it is essentially the bill they Mr. HOUGHTON. Mr. Speaker, I yield and their activities, we will cover busi- voted down when we had a motion to 1 minute to the gentleman from Geor- ness organizations and their activities. recommit a while ago, so this is not gia (Mr. LINDER). We will try to treat everyone fairly and the first time Members are seeing this Mr. LINDER. I thank the gentleman comprehensively. bill. for yielding time to me, Mr. Speaker. And both privately in our discussions It does, I think, give some confidence There is a gentleman at Rutgers Uni- with Members on the other side and in the political process because there versity named Dr. Troy who has been publicly in the committee we sought to has been a great transmogrification on studying spending in campaigns for 20 pursue this in a bipartisan way. Not the other side from people who did not years. What he said is that in the last one change, not the slightest change, like this bill a couple of weeks ago who two cycles, 1996 and 1998, labor unions were our Republican colleagues willing have now found some merit in it. I spent between $400 million and $600 to even contemplate. think it is a good idea. I am delighted million. If they are in our neighbor- So what they produced was a bill to see the wheel reinvented and cam- hoods knocking on doors, they were that all Members have heard about. paign finance reform passed. paid by labor unions. They have heard from right-to-life, I would agree with the gentlemen This bill does not touch that. This they have heard, I believe, from at who have complained about the proce- bill yields them all they want. They to- least 30 organizations, saying that it is dure. We of course had no say in this tally cover all that the Republican blatantly unconstitutional, and they procedure: bringing this bill up in a committees do combined, and there are absolutely right. The bill that fashion that it cannot be amended, it was an original bill that covered all the came out of that committee was bla- has not had a chance to be studied, and spending by all the groups, labor tantly unconstitutional, and the at midnight, that was their choice. unions, right-to-life, political parties, woman that wrote it admitted she I do think that the debate has been a and it was determined by a variety of could not find the lawyer that would little one-sided. For people who think I folks, including our friend Senator say it was constitutional. may be being too partisan, I would say MCCAIN, that this is a poison pill. It is unfortunate that such a bill that we on our side deserve a lot of If we include labor unions, Demo- should come out of the committee. I credit for the bill. crats cannot vote for it, and therefore, am very proud I voted against it, and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12629 so did every other Democrat, in urging Delaware (Mr. CASTLE) and others on tainly flow to other tax-exempt groups. Section a constructive alternative, in trying to both sides of the aisle who have, indeed 501(c) organizations will become the new negotiate a way to deal fairly with all as we know, worked tirelessly around haven for those who wish to avoid scrutiny. these problems. the clock to craft a meaningful, bipar- Our approach is fairly straightforward: if you The problem all along has been that tisan and genuine step forward in cam- are tax-exempt and intervene meaningfully in we are attacked from both directions. paign finance disclosure legislation, an election, you disclose. The bill is either too narrow or it is too legislation that can and should become Fiction: The Houghton bill applies to lob- broad. It is either too deep or it is too law. bying. shallow. So it has been impossible to The growing abuse of anonymous po- Fact: This is a real red herring. The bill does meet all of the conflicting objections litical advertising has reached such ex- not impact lobbying by anyone—unless an that have been raised. tremes that many of us in Congress ‘‘issue ad’’ identifies a candidate for office, or So we find ourselves back tonight who are strong supporters of campaign otherwise tries to influence the election of a where we started in March essentially, finance reform feel that at least disclo- person. The right to know your accuser is a as my colleague, the gentleman from sure of 527 organizations is something basic element of American fairness. If your ad Massachusetts, said, voting on the to which every voter is entitled. Our attacks a candidate, the public should know same issue that the House has already American principles stress the impor- who’s paying for it. voted on twice, but hopefully with a tance and the value of transparency in Fiction: The bill is too vague. It isn’t clear better outcome. I think we are moving government; and this legislation, a what must be disclosed. forward with what is an important but small step, but a step forward, this leg- Fact: For 25 years, Sec. 527 of the Internal obviously a small step to open up the islation demonstrates that this Con- Revenue Code has provided the definition of secret organizations to sunshine. gress is sincere. political activity for tax law purposes. That’s For months while we have waited for Mr. Speaker, I would like to stress the same definition in our bill as well as the this coming together on this approach sincerity. It is, in fact, a step that Doggett bill. Tax-exempt social welfare organi- there have been those who have ob- demonstrates that we do care, that we zations (sec. 501(c)(4)), labor unions and agri- structed reform that have been work- are sincere in our belief that we can re- cultural organizations (sec. 501(c)(5)) trade ing as hard as they can to raise as store the public’s voice and the public’s associations, and chambers of commerce much secret money as they can to fill confidence in the Federal election sys- (sec. 501(c)(6)) have been interpreting and our air waves with hate in the fall and tem. This bill, H.R. 4762, moves us in complying with this law for 25 years. our mailboxes with misinformation. that direction. Fiction: The bill’s disclosure requirements We are going to get a very narrow Mr. Speaker, I certainly urge this en- are overly broad. Less disclosure should be window now, a too narrow window, I tire body’s support of this legislation, required of 501(c) organizations. must say, because of the way the effec- and I thank the author for working so Fact: Our basic approach here is what’s tive date is constructed in this legisla- hard on it. good for the goose .... If we have a strict tion, but a very narrow window to look Mr. RANGEL. Mr. Speaker, I have no set of rules for Sec. 527 organizations and a at those stealth organizations with further requests for time, and I yield loophole-ridden set of rules for other tax-ex- their secret stash. As they plan for the back the balance of my time. empt organizations, it isn’t too hard to figure fall, we will at least be able to know Mr. HOUGHTON. Mr. Speaker, I yield out where the money and the activity will go. who is launching the attack and iden- myself such time as I may consume. Fiction: The bill is unconstitutional. tify the attackers. Mr. Speaker, I urge my colleagues to Fact: Because we have no way of knowing Tonight I believe we must take a vote for this bill. I would just like to how the courts will rule on any legislation we firm stance on the only action we can say one other thing. I am proud to be a consider in Congress, this is always the per- on this very constricted midnight de- Member here, and I am proud to have fect excuse for doing nothing. Some of the bate that denies an opportunity for Re- friends such as everyone. The Chamber bill’s critics believe its provisions are constitu- publicans or Democrats to add and badly needs to pull itself together, to tional on some days, but not on others, de- strengthen and expand and perfect this work together, to craft legislation to- pending on proximity to an election. I’m not a bill, but we should take the action that gether and finally feel good about lawyer but it is clear that no group has a con- we are permitted to take because it is something they have done together. stitutional right to tax-exempt status. There is aimed directly at corruption in the So through this bill, H.R. 4762, I no question that Congress has the right to im- American political system, where would like to feel we can reinforce that pose conditions on such privileged status. And someone can come in and ask for a process. our bill is severable; if one part is found un- favor one day and deliver a contribu- If I believed half of what I have heard about constitutional, the rest will stand. It’s that sim- tion that is never disclosed on the next the Full and Fair Political Activity Disclosure ple. day. Act of 2000, I would have to vote against my Fiction: (1) The bill is unfair to organized Disclosure by the secret 527 political own bill. labor. (2) The bill gives labor an unfair advan- funds is the one modest reform that we Some have said that the bill requires disclo- tage. can still put in place to affect a little sure by too many organizations. Some say it Fact: Presumably, these claims are mutually bit of this year’s election, and we should be expanded. Others have said that exclusive. Apparently, some would prefer to ought to do it without any more delay. the bill is too narrow. Some say it is unfair to shield a number of labor’s political activities I believe that this represents one small labor; others that it lets labor off the hook. Still from sunshine while others would like to im- triumph for democracy over secrecy. others claim the bill is unconstitutional, but pose unreasonable disclosure requirements on somehow would pass muster if its provisions unions. Let me be clear: the bill imposes ex- 2350 b applies 30 days before a primary and 60 days actly the same disclosure requirements on or- Mr. HOUGHTON. Mr. Speaker, I yield before a general election. Or 60 to 90 days. ganized labor as it does on Sec. 527 political 11⁄2 minute to the gentlewoman from Take your pick. organizations, social welfare organizations, Maryland (Mrs. MORELLA). It becomes difficult to separate the fact from and chambers of commerce and trade asso- Mrs. MORELLA. Mr. Speaker, all is fiction. ciations. well that ends well; and at least we are Fiction: This issue is so politically charged Fiction: The bill will have a chilling effect on moving forward in the right direction. that Congress should simply require disclosure participation in the political process. I am in very strong support, and I hope by Sec. 527 organizations, period. Fact: The bill simply requires disclosure, this body is, of H.R. 4762. Again, I ap- Fact: Some of us feel we need the ‘‘dis- nothing more, by tax-exempt organizations plaud the very hard work and dedica- infectant of sunshine’’ regardless of the spe- which attempt to influence the outcome of an tion of my friends, particularly the cific section of the Internal Revenue Code that election. The bill should not have a chilling ef- gentleman from New York (Mr. HOUGH- confers tax-exempt status on a group trying to fect unless someone has something to hide. TON), the gentleman from Connecticut influence an election. If we limit disclosure to Public Citizen, Common Cause, the League of (Mr. SHAYS), and the gentleman from Sec. 527 groups alone, the money will cer- Women Voters, Public Campaign and PIRG

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00116 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.004 H27JN0 12630 CONGRESSIONAL RECORD—HOUSE June 27, 2000 have lobbied Congress to pass Sec. 527 dis- RECORDED VOTE Morella Rothman Sununu Murtha Roukema Sweeney closure. If disclosure is good for one group, Mr. RANGEL. Mr. Speaker, I demand Nadler Roybal-Allard Talent why not all? a recorded vote. Napolitano Royce Tanner Fact: This is not a perfect bill. There is no A recorded vote was ordered. Neal Rush Tauscher perfect bill. But this bill, I hope, strikes a dif- Nethercutt Ryan (WI) Tauzin The vote was taken by electronic de- Ney Sabo Taylor (MS) ficult balance of promoting meaningful disclo- vice, and there were—ayes 385, noes 39, Norwood Salmon Taylor (NC) sure without creating unwarranted burdens for not voting 11, as follows: Nussle Sanchez Terry people who want to participate in the political Obey Sanders Thompson (CA) [Roll No. 341] Olver Sandlin Thompson (MS) process. Senator JOHN MCCAIN is absolutely Ortiz Sanford Thune right. We cannot let the perfect be the enemy AYES—385 Ose Sawyer Thurman of the good. Abercrombie Delahunt Hunter Owens Saxton Tierney Mr. SMITH of Michigan. Mr. Speaker, I sup- Ackerman DeLauro Hutchinson Packard Scarborough Toomey Aderholt DeMint Hyde Pallone Schakowsky Towns port this legislation to require disclosure of po- Allen Deutsch Inslee Pascrell Scott Traficant litical activities by section 527 organizations. Andrews Diaz-Balart Isakson Pastor Sensenbrenner Turner The legislation is identical to the McCain Archer Dicks Istook Payne Serrano Udall (CO) amendment which passed the Senate. Armey Dingell Jackson (IL) Pease Sessions Udall (NM) Baca Dixon Jackson-Lee Pelosi Shadegg Upton This is an excellent step forward in cam- Bachus Doggett (TX) Peterson (MN) Shaw Vela´ zquez paign finance reform. Baird Dooley Jefferson Petri Shays Visclosky The bill will require section 527 organiza- Baker Doyle John Phelps Sherman Vitter Baldacci Dreier Johnson (CT) Pickering Sherwood Walden tions to disclose their contributions and ex- Baldwin Duncan Johnson, E.B. Pickett Shimkus Walsh penditures on political campaigns. Ballenger Dunn Jones (NC) Pomeroy Shows Wamp While the bill does not address the cam- Barcia Edwards Jones (OH) Porter Shuster Watkins paign activities of other 501  organizations, Barrett (NE) Ehlers Kanjorski Portman Simpson Watt (NC) Barrett (WI) Ehrlich Kaptur Price (NC) Sisisky Watts (OK) coverage of the 527s will address the fastest Bartlett Emerson Kasich Pryce (OH) Skeen Waxman growing problem in campaign advertising— Bass Engel Kelly Quinn Skelton Weiner independent groups that can spend millions of Becerra English Kennedy Rahall Slaughter Weldon (FL) Bentsen Eshoo Kildee Ramstad Smith (MI) Weldon (PA) dollars to influence a campaign—without dis- Bereuter Etheridge Kilpatrick Rangel Smith (NJ) Weller closing their contributors. Berkley Evans Kind (WI) Regula Smith (TX) Wexler Eventually we must have total disclosure of Berman Everett King (NY) Reyes Smith (WA) Weygand all groups that try to influence voting. If the Berry Ewing Kleczka Reynolds Snyder Whitfield Biggert Farr Klink Riley Spence Wicker American people know where the money is Bilbray Fattah Knollenberg Rivers Spratt Wilson coming from and can measure the significance Bilirakis Filner Kolbe Rodriguez Stabenow Wise of the special interest bias they will ultimately Bishop Fletcher Kucinich Roemer Stark Wolf Blagojevich Foley Kuykendall Rogan Stearns Woolsey make the best decision. Bliley Forbes LaFalce Rogers Stenholm Wu Mr. COYNE. Mr. Speaker, I rise in support Blumenauer Ford LaHood Rohrabacher Strickland Wynn of campaign finance reform—and in particular Blunt Fossella Lampson Ros-Lehtinen Stupak Young (FL) Boehlert Fowler Lantos the elimination of secret political slush funds. NOES—39 With that in mind, I am pleased to support this Boehner Frank (MA) Largent Bonior Franks (NJ) Larson Barr Doolittle Oxley legislation, and I want to commend Chairman Bono Frelinghuysen Latham Barton Hayworth Paul HOUGHTON for his leadership and his earnest Borski Frost LaTourette Bateman Hefley Peterson (PA) efforts at bipartisanship. Boswell Gallegly Lazio Bonilla Herger Pitts Boucher Ganske Leach Burton Hostettler Pombo Legislation addressing the abuse of section Boyd Gejdenson Lee Canady Jenkins Radanovich 527’s operate in total secrecy outside the view Brady (PA) Gekas Levin Chenoweth-Hage Johnson, Sam Ryun (KS) of the public. These organizations do not Brady (TX) Gephardt Lewis (GA) Coburn Kingston Souder apply for tax-exempt status with the Internal Brown (FL) Gibbons Lewis (KY) Combest Lewis (CA) Stump Brown (OH) Gilchrest Lipinski Cooksey Linder Tancredo Revenue Service nor file annual returns with Bryant Gillmor LoBiondo Crane Manzullo Thomas the IRS describing their activities and contribu- Burr Gilman Lofgren DeLay Mica Thornberry tors. Buyer Gonzalez Lowey Dickey Myrick Tiahrt Callahan Goode Lucas (KY) This bill is essentially identical to the legisla- Calvert Goodlatte Lucas (OK) NOT VOTING—11 tion introduced by Representative LLOYD Camp Goodling Luther Cook McIntosh Vento DOGGETT. It is very similar to the legislation Campbell Gordon Maloney (CT) Markey Northup Waters that House Democrats have been trying to Cannon Goss Maloney (NY) Martinez Oberstar Young (AK) Capps Graham Mascara McCarthy (MO) Schaffer pass for several months now. But this is not Capuano Granger Matsui some bill designed to score partisan points. Cardin Green (TX) McCarthy (NY) 0007 Rather, it reflects the priorities identified by a Carson Green (WI) McCollum b Castle Greenwood McCrery bipartisan group of witnesses who testified be- Chabot Gutierrez McDermott So (two-thirds having voted to favor fore the Oversight Subcommittee last week in Chambliss Gutknecht McGovern thereof) the rules were suspended and advance of the full Committee markup—wit- Clay Hall (OH) McHugh the bill was passed. Clayton Hall (TX) McInnis The result of the vote was announced nesses like Senators MCCAIN and LIEBERMAN Clement Hansen McIntyre and Representatives CASTLE and DOGGETT. Clyburn Hastert McKeon as above recorded. I urge my colleagues to support this impor- Coble Hastings (FL) McKinney A motion to reconsider was laid on tant legislation. If we can’t pass comprehen- Collins Hastings (WA) McNulty the table. Condit Hayes Meehan sive campaign finance legislation this year, Conyers Hill (IN) Meek (FL) Stated for: let’s at least subject the activities of these or- Costello Hill (MT) Meeks (NY) Mrs. NORTHRUP. Mr. Speaker, on rollcall ganizations to public scrutiny. It is essential in Cox Hilleary Menendez No. 341, I was inadvertently detained. Had I Coyne Hilliard Metcalf been present, I would have voted ‘‘aye.’’ a democracy that the voters know who is Cramer Hinchey Millender- spending money to influence elections. Crowley Hinojosa McDonald Ms. MCCARTHY of Missouri. Mr. Speaker, Mr. HOUGHTON. Mr. Speaker, I yield Cubin Hobson Miller (FL) on rollcall No. 341, had I been present, I back the balance of my time. Cummings Hoeffel Miller, Gary would have voted ‘‘aye’’. Cunningham Hoekstra Miller, George The SPEAKER pro tempore. The Danner Holden Minge Ms. WATERS. Mr. Speaker, on rollcall No. question is on the motion offered by Davis (FL) Holt Mink 341, I was detained on an emergency call in the gentleman from New York (Mr. Davis (IL) Hooley Moakley my office and was not present on the floor HOUGHTON) that the House suspend the Davis (VA) Horn Mollohan when rollcall 341 was voted. Deal Houghton Moore rules and pass the bill, H.R. 4762. DeFazio Hoyer Moran (KS) Had I been present, I would have voted The question was taken. DeGette Hulshof Moran (VA) ‘‘aye.’’

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00117 Fmt 0688 Sfmt 9920 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12631 Mr. OBERSTAR. Mr. Speaker, during priations for energy and water develop- Hoyer Millender- Scott the consideration of H.R. 4762, legisla- ment for the fiscal year ending Sep- Hulshof McDonald Serrano Hunter Miller (FL) Sessions tion to require Section 527 disclosure, tember 30, 2001, and for other purposes, Hutchinson Miller, Gary Shadegg my vote was not recorded on final pas- pursuant to House Resolution 532, he Hyde Miller, George Shaw sage. reported the bill back to the House Isakson Minge Sherman Had I been present, I would have with sundry amendments adopted by Istook Mink Sherwood Jackson (IL) Moakley Shimkus voted ‘‘aye’’ on Rollcall 341. the Committee of the Whole. Jackson-Lee Mollohan Shows f The SPEAKER pro tempore. Under (TX) Moore Shuster the rule, the previous question is or- Jefferson Moran (KS) Simpson ENERGY AND WATER DEVELOP- dered. Jenkins Moran (VA) Sisisky MENT APPROPRIATIONS ACT, John Morella Skeen Is a separate vote demanded on any 2001 Johnson (CT) Murtha Skelton amendment? If not, the Chair will put Johnson, Sam Myrick Slaughter The SPEAKER pro tempore (Mr. them en gros. Jones (NC) Nadler Smith (MI) PEASE). Pursuant to House Resolution Jones (OH) Napolitano Smith (NJ) The amendments were agreed to. Neal 532 and rule XVIII, the Chair declares The CHAIRMAN. The question is on Kanjorski Smith (TX) Kaptur Nethercutt Snyder the House in the Committee of the the engrossment and third reading of Kasich Ney Souder Whole House on the State of the Union the bill. Kelly Northup Spence for the further consideration of the Kennedy Norwood Spratt The bill was ordered to be engrossed Nussle bill, H.R. 4733. and read a third time, and was read the Kildee Stabenow Kilpatrick Oberstar Stark b 0010 third time. Kind (WI) Obey Stenholm The SPEAKER pro tempore. The King (NY) Olver Strickland IN THE COMMITTEE OF THE WHOLE Kingston Ortiz Stump question is on the passage of the bill. Ose Accordingly, the House resolved Under clause 10 of rule XX, the yeas Kleczka Stupak Klink Owens Sununu itself into the Committee of the Whole Oxley and nays are ordered. Knollenberg Sweeney House on the State of the Union for the Packard The vote was taken by electronic de- Kolbe Talent Pallone further consideration of the bill (H.R. Kucinich Tanner vice, and there were—yeas 407, nays 19, Pascrell 4733) making appropriations for energy Kuykendall Tauscher not voting 8, as follows: Pastor LaFalce Tauzin and water development for the fiscal Payne [Roll No. 342] LaHood Taylor (MS) year ending September 30, 2001, and for Pease Lampson Taylor (NC) YEAS—407 Pelosi other purposes, with Mr. BARRETT of Lantos Terry Abercrombie Capps Ewing Peterson (PA) Nebraska in the chair. Largent Thomas Ackerman Capuano Farr Petri Larson Thompson (CA) The Clerk read the title of the bill. Aderholt Cardin Fattah Phelps Latham Thompson (MS) The CHAIRMAN. When the Com- Allen Carson Filner Pickering LaTourette Thornberry Archer Chabot Fletcher Pickett mittee of the Whole rose earlier today, Lazio Thune Armey Chambliss Foley Pitts the amendment of the gentleman from Leach Thurman Baca Chenoweth-Hage Forbes Pombo Lee Tiahrt Kansas (Mr. RYUN) had been disposed of Bachus Clayton Ford Pomeroy Levin Tierney and the bill was open for amendment Baird Clement Fossella Porter Lewis (CA) Toomey Baker Clyburn Fowler Portman on page 39, line 19. Lewis (GA) Towns The Clerk will read the final lines of Baldacci Coble Frank (MA) Price (NC) Baldwin Coburn Franks (NJ) Lewis (KY) Pryce (OH) Traficant the bill. Ballenger Collins Frelinghuysen Linder Quinn Turner The Clerk read as follows: Barcia Combest Frost Lipinski Radanovich Udall (CO) Barr Condit Gallegly LoBiondo Udall (NM) This Act may be cited as the ‘‘Energy and Rahall Barrett (NE) Conyers Ganske Lofgren Rangel Upton Water Development Appropriations Act, ´ Barrett (WI) Cooksey Gejdenson Lowey Regula Velazquez 2001’’. Bartlett Costello Gekas Lucas (KY) Reyes Visclosky Mr. VISCLOSKY. Mr. Chairman, I Barton Cox Gephardt Lucas (OK) Reynolds Vitter Bass Coyne Gilchrest Maloney (CT) Walden move to strike the last word. Riley Bateman Cramer Gillmor Maloney (NY) Rivers Walsh Mr. Chairman, the hour is late be- Becerra Crane Gilman Manzullo Rodriguez Wamp cause many hours ago we started the Bentsen Crowley Gonzalez Mascara Roemer Waters Bereuter Cubin Goode Matsui Rogan Watkins final energy and water bill under the Berkley Cummings Goodling McCarthy (MO) Rogers Watt (NC) guidance of the gentleman from Cali- Berman Cunningham Gordon McCarthy (NY) Rohrabacher Watts (OK) Berry Danner Goss fornia (Mr. PACKARD). As we all know McCollum Ros-Lehtinen Waxman Biggert Davis (FL) Graham in this Chamber, the gentleman from McCrery Rothman Weiner Bilbray Davis (IL) Granger McDermott Roukema Weldon (FL) California (Mr. PACKARD) has served all Bilirakis Davis (VA) Green (TX) McGovern Roybal-Allard Weldon (PA) of us, his country and his family well, Bishop Deal Green (WI) McHugh Rush Weller Blagojevich DeFazio Greenwood both in the military service, local and McInnis Ryan (WI) Wexler Bliley DeGette Gutierrez McIntyre Ryun (KS) Weygand Federal service. I think as we conclude Blumenauer DeLauro Gutknecht McKeon Whitfield consideration of a well-done work prod- Blunt DeLay Hall (OH) Sabo McKinney Wicker Boehlert DeMint Hall (TX) Salmon uct, which we have come to expect McNulty Wilson Boehner Deutsch Hansen Sanchez from the gentleman from California Meehan Wise Bonilla Diaz-Balart Hastings (FL) Sanders (Mr. PACKARD) day in and day out, that Bonior Dickey Hastings (WA) Meek (FL) Sandlin Wolf we owe the gentleman from California Bono Dicks Hayes Meeks (NY) Sawyer Woolsey Menendez Saxton Wu (Mr. PACKARD) our appreciation and a Borski Dingell Hayworth Boswell Dixon Hefley Metcalf Scarborough Wynn round of applause. Boucher Dooley Herger Mica Schakowsky Young (FL) The CHAIRMAN. Are there any other Boyd Doolittle Hill (IN) amendments to the bill? Brady (PA) Doyle Hill (MT) NAYS—19 If not, under the rule, the Committee Brady (TX) Dreier Hilleary Andrews Luther Sensenbrenner Brown (FL) Duncan Hilliard Castle Paul Shays rises. Brown (OH) Dunn Hinchey Doggett Peterson (MN) Smith (WA) Accordingly, the Committee rose; Bryant Edwards Hinojosa Gibbons Ramstad Stearns Burr Ehlers Hobson and the Speaker pro tempore (Mr. Goodlatte Royce Tancredo Burton Ehrlich Hoeffel PEASE) having resumed the Chair, Mr. Inslee Sanford Buyer Emerson Hoekstra Johnson, E. B. Schaffer BARRETT of Nebraska, Chairman of the Callahan Engel Holden Committee of the Whole House on the Calvert English Holt NOT VOTING—8 State of the Union, reported that that Camp Eshoo Hooley Campbell Etheridge Horn Clay Markey Vento Committee, having had under consider- Canady Evans Hostettler Cook Martinez Young (AK) ation the bill (H.R. 4733) making appro- Cannon Everett Houghton Delahunt McIntosh

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 12632 CONGRESSIONAL RECORD—HOUSE June 27, 2000 b 0027 forth in H. Rept. 106–577, to reflect $5.5 bil- needed to implement section 311(b), which So the bill was passed. lion in additional new budget authority and exempts committees that comply with their al- The result of the vote was announced outlays for fiscal year 2000 and $1.640 billion locations from the point of order under section as above recorded. in new budget authority and outlays for both 311(a). A motion to reconsider was laid on fiscal year 2000 and $1.640 billion in new The third table compares the current levels the table. budget authority and outlays for both fiscal of discretionary appropriations for fiscal year year 2001 and for the period of fiscal years f 2000 with the revised ‘‘section 302(a)’’ sub-al- 2001 through 2005. locations of discretionary budget authority and REPORT ON EXPANDED THREAT Section 218 of H. Con. Res. 290 authorizes outlays among Appropriations subcommittees. REDUCTION INITIATIVE—MES- the Chairman of the House Budget Committee This comparison is also needed to implement SAGE FROM THE PRESIDENT OF to increase the 302(a) allocation of the Com- section 302(f) of the Budget Act because the THE UNITED STATES (H. DOC. mittee on Agriculture for a conference report point of order under that section also applies NO. 263) on a bill that provides assistance for producers to measures that would breach the applicable The SPEAKER pro tempore (Mr. of program crops and specialty crops. Under section 302(b) sub-allocation. PEASE) laid before the House the fol- the terms of section 218, the adjustments is in The fourth table compares discretionary ap- lowing message from the President of the amount of budget authority provided by propriations to the levels provided by section the United States; which was read and, that bill for the specified purpose but may not 251(c) of the Balanced Budget and Emer- together with the accompanying pa- exceed $5.5 billion in new budget authority gency Deficit Control Act of 1985. Section 251 pers, without objection referred to the and outlays for fiscal year 2000 and $1.640 requires that, if at the end of a session discre- Committee on International Relations billion in new budget authority and outlays for tionary spending in any category exceeds the and ordered to be printed: fiscal year 2001. limits set forth in section 251(c) (as adjusted To the Congress of the United States: This adjustment is for the conference report pursuant to provisions of section 251(b)), there Enclosed is a report to the Congress accompanying H.R. 2559 (H. Rept. 106–300). shall be a sequestration of funds within that on the Expanded Threat Reduction Ini- If you have any questions, please contact category to bring spending within the estab- tiative, as required by section 1309 of Jim Bates of my staff at 6–7270. lished limits. This table is provided for informa- the National Defense Authorization f tion purposes only. Determination of the need Act for Fiscal Year 2000 (Public Law for a sequestration is based on the report of STATUS REPORT ON CURRENT 106–65). the President required by section 254. SPENDING LEVELS OF ON-BUDG- WILLIAM J. CLINTON. THE WHITE HOUSE, June 27, 2000. ET SPENDING AND REVENUES REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE FOR FY 2000 AND THE 5-YEAR PE- f BUDGET—STATUS OF THE FISCAL YEAR 2000 CON- RIOD FY 2000 THROUGH FY 2004 GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 290 REMOVAL OF NAME OF MEMBER Mr. KASICH. Mr. Speaker, to facilitate appli- [Reflecting action completed as of June 15, 2000—On-budget amounts, in millions of dollars] AS COSPONSOR OF H.R. 1598 cation of sections 302 and 311 of the Con- Mr. MCCOLLUM. Mr. Speaker, I ask gressional Budget Act, I am transmitting a sta- Fiscal year Fiscal year unanimous consent that my name be tus report on the current levels of on-budget 2000 2000–2004 removed as a cosponsor to the bill H.R. spending and revenues for fiscal year 2000 Appropriate level (as amended): 1598, the Patent Fairness Act of 1999. and for the 5-year period of fiscal year 2000 Budget authority ...... 1,471,750 (1) Outlays ...... 1,453,390 (1) The SPEAKER pro tempore. Is there through fiscal year 2004. Revenues ...... 1,465,500 7,768,100 objection to the request of the gen- The term ‘‘current level’’ refers to the Current level: Budget authority ...... 1,465,562 (1) tleman from Florida? amounts of spending and revenues estimated Outlays ...... 1,44,558 (1) There was no objection. for each fiscal year based on laws enacted or Revenues ...... 1,465,492 7,871,246 Current level over (+)/under (¥) appropriate f awaiting the President’s signature as of June level: 15, 2000. Budget authority ...... ¥6,188 (1) PERMISSION FOR CHAIRMAN OF Outlays ...... ¥8,832 (1) The first table in the report compares the Revenues ...... ¥8 103,146 COMMITTEE ON THE BUDGET TO current level of total budget authority, outlays, INSERT COMMUNICATIONS IN 1 Not applicable because annual appropriations Acts for Fiscal Year 2001 and revenues with the aggregate levels set by through 2004 will not be considered until future sessions of Congress. THE RECORD H. Con. Res. 290. This comparison is needed BUDGET AUTHORITY Mr. MCCOLLUM. Mr. Speaker, I ask to implement section 311(a) of the Budget Act, unanimous consent that the gentleman which creates a point of order against meas- Enactment of any measure providing new budget authority for FY 2000 of more than from Ohio (Mr. KASICH) be permitted to ures that would breach the budget resolution’s $6,188,000,000 (if not already included in the insert Committee on the Budget com- aggregate levels. The table does not show current level estimate) would cause FY 2000 munications into the RECORD at this budget authority and outlays for years after fis- budget authority to exceed the appropriate point. cal year 2000. level set by H. Con. Res. 290. The CHAIRMAN. Is there objection The second table compares the current lev- OUTLAYS to the request of the gentleman from els of budget authority and outlays of each di- Florida? rect spending committee with the ‘‘section Enactment of any measure providing new outlays for FY 2000 of more than There was no objection. 302(a)’’ allocations for discretionary action $8,832,000,000 (if not already included in the f made under H. Con. Res. 290 for fiscal year current level estimate) would cause FY 2000 2000 and fiscal years 2000 through 2004. outlays to exceed the appropriate level set REVISIONS TO ALLOCATION FOR ‘‘Discretionary action’’ refers to legislation en- by H. Con. Res. 290. HOUSE COMMITTEE ON APPRO- acted after adoption of the budget resolution. REVENUES PRIATIONS This comparison is needed to implement sec- Enactment of any measure resulting in Mr. KASICH. Mr. Speaker, in accordance tion 302(f) of the Budget Act, which creates a any revenue loss for FY 2000 through 2004 in with section 218 of H. Con. Res. 290, I hereby point of order against measures that would excess of $103,146,0000,000 (if not already in- submit for printing in the CONGRESSIONAL breach the section 302(a) discretionary action cluded in the current level) would cause rev- RECORD adjustments to the 302(a) allocation allocation of new budget authority for the com- enues to fall below the appropriate levels set for the House Committee on Agriculture, set mittee that reported the measure. It is also by H. Con. Res. 290.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12633 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(a) REFLECTING ACTION COMPLETED AS OF JUNE 15, 2000 [Fiscal year, in millions of dollars]

2000 2000–2004 BA Outlays BA Outlays

House Committee: Agriculture: Allocation ...... 5,500 5,500 13,489 12,533 Current level ...... 5,500 5,500 13,485 12,559 Difference ...... (4 ) 26 Armed Services: Allocation ...... Current level ...... Difference ...... Banking and Financial Services: Allocation ...... (968) Current level ...... Difference ...... 968 Commerce: Allocation ...... Current level ...... 10 10 Difference ...... 10 10 Education & the Workforce: Allocation ...... Current level ...... Difference ...... Government Reform & Oversight: Allocation ...... Current level ...... Difference ...... House Administration: Allocation ...... Current level ...... Difference ...... International Relations: Allocation ...... Current level ...... Difference ...... Judiciary: Allocation ...... Current level ...... (456) (410) Difference ...... (456) (410) Resources: Allocation ...... 121 6 Current level ...... 7 3 13 13 Difference ...... 7 3 (108) 7 Science: Allocation ...... Current level ...... Difference ...... Select Committee on Intelligence: Allocation ...... Current level ...... Difference ...... Small Business: Allocation ...... Current level ...... Difference ...... Transportation & Infrastructure: Allocation ...... Current level ...... Difference ...... Veterans’ Affairs: Allocation ...... 4,666 4,492 Current level ...... Difference ...... (4,666) (4,492) Ways and Means: Allocation ...... (50 ) ...... 3,012 3,064 Current level ...... 53 52 21 20 Difference ...... 103 52 (2,991 ) (3,044) Total authorized: Allocation ...... 5,450 5,500 21,288 19,127 Current level ...... 5,560 5,555 13,073 12,192 Difference ...... 110 55 (8,215 ) (6,935)

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

302(b) suballocations last up- Current level reflecting action Difference dated on October 12, 19991 completed as of June 15, 2000 BA O BA O BA O

Agriculture, Rural Development ...... 13,882 14,346 14,614 14,830 732 484 Commerce, Justice, State ...... 35,774 34,907 38,095 38,356 2,321 3,449 National Defense ...... 267,692 259,130 268,605 261,933 913 2,803 District of Columbia ...... 453 448 430 501 (23) 53 Energy & Water Development ...... 20,190 20,140 21,094 21,275 904 1,135 Foreign Operations ...... 12,625 13,168 15,306 13,527 2,681 359 Interior ...... 13,888 14,354 14,769 14,833 881 479 Labor, HHS & Education ...... 75,763 77,063 86,451 86,345 10,688 9,282 Legislative Branch ...... 2,478 2,484 2,449 2,448 (29) (36 ) Military Construction ...... 8,374 8,775 8,352 8,595 (22 ) (180) Transportation 2 ...... 12,400 43,445 12,493 43,502 93 57 Treasury-Postal Service ...... 13,706 14,115 13,761 14,231 55 116 VA–HUD-Independent Agencies ...... 68,633 82,045 72,104 83,445 3,471 1,400 Reserve/Offsets ...... 0 0 0 0 0 0 Unassigned 3 ...... 22,719 14,326 0 (768) (22,719) (15,094) Grand total ...... 568,577 598,746 568,523 603,053 (54) 4,307 1 The Appropriations Committee did not revise the fiscal year 2000 302(b) suballocations after the passage of H. Con. Res. 290. 2 Transportation does not include mass transit BA. 3 Unassigned refers to the allocation adjustments provided under Section 314, but not yet allocated under Section 302(b).

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 12634 CONGRESSIONAL RECORD—HOUSE June 27, 2000 COMPARISON OF CURRENT LEVEL TO DISCRETIONARY SPENDING LEVELS SET FORTH IN SEC. 251(c) OF THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 [In millions of dollars]

Defense 1 Nondefense 1 General purpose Violent Crime Trust Fund Highway category Mass transit category BA O BA O BA O BA O BA O BA O

Statutory Caps 2 ...... NA NA NA NA 566,472 564,913 4,500 6,344 NA 24,574 NA 4,117 Current Level 3 ...... 289,927 283,543 274,110 283,549 564,037 567,092 4,486 6,999 0 24,393 NA 4,569 Difference (Current level-caps)...... NA NA NA NA ¥2,435 2,179 ¥14 655 NA ¥181 NA 452 1 Defense and nondefense categories are advisory rather than statutory. 2 Established by OMB Budget Enforcement Act Preview Report. 3 Consistent with H. Con. Res. 290.

U.S. CONGRESS, FISCAL YEAR 2000 HOUSE CURRENT STATUS REPORT AS The second table compares the current lev- CONGRESSIONAL BUDGET OFFICE, OF JUNE 15, 2000—Continued els of budget authority and outlays of each di- Washington, DC, June 19, 2000. [In millions of dollars] rect spending committee with the ‘‘section Hon. JOHN R. KASICH, 302(a)’’ allocations for discretionary action Chairman, Committee on the Budget, House of Budget Representatives, Washington, DC. authority Outlays Revenues made under H. Con. Res. 290 for fiscal year DEAR MR. CHAIRMAN: The enclosed report 2001 and fiscal years 2001 through 2005. Cleared pending signa- shows the effects of Congressional action on ture: ‘‘Discretionary action’’ refers to legislation en- the fiscal year 2000 budget and is current Agricultural Risk acted after the adoption of the budget resolu- through June 15, 2000. This report is sub- Protection Act tion. This comparison is needed to implement mitted under section 308(b) and in aid of sec- of 2000 (H.R. 2559) ...... 5,500 5,500 0 section 302(f) of the Budget Act, which cre- tion 311 of the Congressional Budget Act, as Total current level 1 ...... 1,465,562 1,444,558 1,465,492 amended. Total budget resolution 1,471,750 1,453,390 1,465,500 ates a point of order against measures that The estimates of budget authority, out- Current level over would breach the section 302(a) discretionary budget resolu- lays, and revenues are consistent with the tion ...... 0 0 0 action allocation of new budget authority for technical and economic assumptions of H. Current level the committee that reported the measure. It is Con. Res. 290, the Concurrent Resolution on under budget also needed to implement section 311(b), the Budget for Fiscal Year 2001, which re- resolution ...... ¥6,188 ¥8,832 ¥8 Memorandum: which exempts committees that comply with place H. Con. Res. 68, the Concurrent Resolu- Revenues, 2000– tion on the Budget for Fiscal Year 2000. 2004: their allocations from the point of order under Since the beginning of the second session House cur- section 311(a). rent level 0 0 7,871,246 of the 106th Congress, in addition to the House budg- The third table compares the current levels changes in budget authority, outlays, and et resolu- of discretionary appropriations for fiscal year revenues from adopting H. Con. Res. 290, the tion ...... 0 0 7,768,100 2001 with the revised ‘‘section 302(b)’’ sub-al- Congress has cleared and the President has Current level locations of discretionary budget authority and signed an act to amend the Food Stamp Act over of 1977 (P.L. 106–171), the Omnibus Parks budget outlays among Appropriations subcommittees. Technical Corrections Act of 1999 (P.L. 106– resolu- This comparison is also needed to implement tion .... 0 0 103,146 176), the Wendell H. Ford Aviation Invest- section 302(f) of the Budget Act because the ment and Reform Act for the 21st Century 1 For purposes of enforcing section 311 of the Congressional Budget Act point of order under that section also applies (P.L. 106–181), the Civil Asset Forfeiture Re- in the House, the budget resolution does not include budget authority or outlays for Social Security administrative expenses. As a result, current level to measures that would breach the applicable form Act of 2000 (P.L. 106–185), and the Trade excludes these items. In addition, for comparability purposes, current level section 302(b) sub-allocation. and Development Act of 2000 (P.L. 106–200). In budget authority excludes $1,159 million that was appropriated for mass addition, the Congress cleared for the Presi- transit. The fourth table compares discretionary ap- dent’s signature the Agricultural Risk Pro- Note.—P.L.=Public Law. propriations to the levels provided by section tection Act of 2000 (H.R. 2559). Source: Congressional Budget Office. 251(c) of the Balanced Budget and Emer- Sincerely, STATUS REPORT ON CURRENT SPENDING LEVELS gency Deficit Control Act of 1985. Section 251 ROBERT A. SUNSHINE OF ON-BUDGET SPENDING AND REVENUES FOR requires that, if at the end of a session discre- (For Dan L. Crippen, Director.) FY 2001 AND THE 5-YEAR PERIOD FY 2001 tionary spending in any category exceeds the Enclosure. THROUGH FY 2005 limits set forth in section 251(c) (as adjusted FISCAL YEAR 2000 HOUSE CURRENT STATUS REPORT AS Mr. KASICH. Mr. Speaker, to facilitate the pursuant to section 251(b)), there shall be a OF JUNE 15, 2000 application of sections 302 and 311 of the sequestration of amounts within that category [In millions of dollars] Congressional Budget Act and sections 202 to bring spending within the established limits. and 203 of the conference report accom- This table is provided for information purposes Budget only. The determination of the need for a se- authority Outlays Revenues panying H. Con. Res. 290, I am transmitting a status report on the current levels of on-budg- questration is based on the report of the Presi- Enacted in previous dent required by section 254. sessions: et spending and revenues for fiscal year 2001 Revenues ...... 0 0 1,465,500 and for the 5-year period of fiscal years 2001 REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE Permanents and through fiscal year 2005. other spending BUDGET—STATUS OF THE FISCAL YEAR 2001 CON- legislation ...... 876,422 836,631 0 The term ‘‘current level’’ refers to the Appropriation leg- GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 290 islation ...... 869,318 889,756 0 amounts of spending and revenues estimated ¥ ¥ [Reflecting action completed as of June 15, 2000—On-budget amounts, in Offsetting receipts 284,184 284,184 0 for each fiscal year based on laws enacted or millions of dollars] Total, enacted awaiting the President’s signature as of June in previous 15, 2000. Fiscal year Fiscal year sessions ...... 1,461,556 1,442,203 1,465,500 2001 2001–2005 Enacted this session: The first table in the report compares the Omnibus Parks Approprate Level (as amended): Technical Cor- current levels of total budget authority, outlays, Budget Authority ...... 1,529,886 (1) rections Act of revenues, the surplus and advance appropria- Outlays ...... 1,495,196 (1) 1999 (P.L. Revenues ...... 1,503,200 8,022,400 106–176) ...... 7 3 0 tions with the aggregate levels set forth by H. Surplus ...... 8,004 (1) Wendell H. Ford Con. Res. 290. This comparison is needed to Advance Appropriations ...... 23,500 (1) Aviation Invest- Current Level: ment & Reform implement section 311(a) of the Budget Act Budget Authority ...... 952,967 (1) Act for the and sections 202 and 203(b) of H. Con. Res. Outlays ...... 1,149,381 (1) 21st Century Revenues ...... 1,514,241 8,169,171 (P.L. 106–181) 2,805 0 0 290, which create points of order against Surplus ...... 364,860 (1) Trade and Devel- measures that would breach the budget reso- Advance Appropriations ...... 0 (1) opment Act of Current Level over (+)/under(¥) Approprate 2000 (P.L. lution’s aggregate levels. The table does not Level: 106–200) ...... 53 52 ¥8 show budget authority and outlays for years Budget Authority ...... ¥576,919 (1) Outlays ...... ¥345,815 (1) Total, enacted after fiscal year 2001 because appropriations Revenues ...... 11,041 146,771 this session 2,865 55 ¥8 for those years have not yet been considered. Surplus ...... 356,856 (1)

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12635 REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE budget authority to exceed the appropriate cluded in the current level) would cause rev- BUDGET—STATUS OF THE FISCAL YEAR 2001 CON- level set by H. Con. Res. 290. enues to fall below the appropriate levels set GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 290— OUTLAYS by H. Con. Res. 290. Continued Enactment of any measure providing new SURPLUS [Reflecting action completed as of June 15, 2000—On-budget amounts, in outlays for FY 2001 in excess of Enactment of any measure that reduces millions of dollars] $345,815,000,000 (if not already included in the the surplus for FY 2001 by more than current level estimate) would cause FY 2001 $356,856,000,000 (if not already included in the Fiscal year Fiscal year outlays to exceed the appropriate level set current level estimate)( would cause FY 2001 2001 2001–2005 by H. Con. Res. 290. surplus to fall below the appropriate level Advance Appropriations ...... ¥23,500 (1) REVENUES set by Section 2092 of H. Con. Res. 290.

1 Not applicable because annual appropriations Acts for Fiscal Years Enactment of any measure that would re- ADVANCE APPROPRIATIONS 2002 through 2005 will not be considered until future sessions of Congress. sult in any revenue loss for FY 2001 in excess Enactment of any measure that would re- of $11,041,000,000 (if not already included in sult in FY 2001 advance appropriations in ex- BUDGET AUTHORITY the current level estimate) would cause reve- cess of $23,500,000,000 (if not already included nues to fall below the appropriate level set Enactment of any measure providing new in the current level estimate) would cause by H. Con. Res. 290. budget authority for FY 2001 (if not already the FY 2001 advance appropriations to exceed Enactment of any measure resulting in the appropriate level set by Section 203(b) of included in the current level estimate) in ex- any revenue loss for FY 2001 through 2005 in H. Con. Res. 290. cess of $576,919,000,000 would cause FY 2001 excess of $146,771,000,000 (if not already in- DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(a), REFLECTING ACTION COMPLETED AS OF JUNE 15, 2000 [Fiscal years, in millions of dollars]

2001 2001–2005 BA Outlays BA Outlays

House Committee: Agriculture: Allocation ...... 3,062 2,295 9,837 8,824 Current Level ...... 3,061 2,166 9,787 8,833 Difference ...... (1 ) (129 ) (50 ) 9 Armed Services: Allocation ...... Current Level ...... Difference ...... Banking and Financial Services: Allocation ...... (107 ) ...... (1,329 ) Current Level ...... Difference ...... 107 ...... 1,329 Commerce: Allocation ...... Current Level ...... 15 15 Difference ...... 15 15 Education & the Workforce: Allocation ...... Current Level ...... Difference ...... Government Reform & Oversight: Allocation ...... Current Level ...... Difference ...... House Administration: Allocation ...... Current Level ...... Difference ...... International Relations: Allocation ...... Current Level ...... Difference ...... Judiciary: Allocation ...... Current Level ...... (114 ) (75 ) (570 ) (524) Difference ...... (114 ) (75 ) (570 ) (524) Resources: Allocation ...... 162 44 Current Level ...... 8 6 6 10 Difference ...... 8 6 (156) (34 ) Science: Allocation ...... Current Level ...... Difference ...... Select Committee on Intelligence: Allocation ...... Current Level ...... Difference ...... Small Business: Allocation ...... Current Level ...... Difference ...... Transportation & Infrastructure: Allocation ...... Current Level ...... Difference ...... Veterans’ Affairs: Allocation ...... 510 479 7,280 7,037 Current Level ...... Difference ...... (510) (479) (7,280 ) (7,037 ) Ways and Means: Allocation ...... 55 25 3,035 3,038 Current Level ...... (47 ) (47 ) (29 ) (28 ) Difference ...... (102 ) (72 ) (3,064 ) (3,066 ) Total Authorized: Allocation ...... 3,627 2,692 20,314 17,614 Current Level ...... 2,908 2,050 9,209 8,306 Difference ...... (719) (642) (11,105) (9,308)

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 12636 CONGRESSIONAL RECORD—HOUSE June 27, 2000 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2001—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(b) [In millions of dollars]

Revised 302(b) suballocations Current level reflecting as of June 8, 2000 (H. Rpt. action completed as 106–660) of June 15, 2000 Difference BA O BA O

Agriculture, Rural Development ...... 14,491 14,974 42 3,882 (14,449) (11,092) Commerce, Justice, State ...... 34,904 35,977 283 12,279 (34,621) (23,698) National Defense ...... 288,414 279,025 0 89,078 (288,414) (189,947 ) District of Columbia ...... 414 414 0 36 (414) (378) Energy & Water Development ...... 21,743 22,025 0 7,908 (21,743) (14,117) Foreign Operations ...... 13,281 8,512 0 9,859 (13,281) 1,347 Interior ...... 14,742 15,322 36 5,399 (14,706) (9,923 ) Labor, HHS & Education ...... 97,159 91,156 18,954 64,188 (78,205) (26,968) Legislative Branch ...... 2,355 2,383 0 352 (2,355) (2,031 ) Military Construction ...... 8,634 8,684 0 6,101 (8,634 ) (2,583 ) Transportation 1 ...... 14,989 48,513 20 28,651 (14,969) (19,862) Treasury-Postal Service ...... 14,088 14,563 62 3,202 (14,026) (11,361) VA–HUD–Independent Agencies ...... 76,194 84,154 3,561 47,808 (72,633) (36,346) Reserve/Offsets ...... 0 0 0 0 0 0 Unassigned ...... 273 273 0 768 (273) 495 Grand Total ...... 601,681 625,975 22,958 279,511 (578,723) (346,464 ) 1 Transportation does not include mass transit BA.

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

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

Statutory Caps 2 ...... (3) (3) (3) (3) 541,095 547,279 0 26,920 (3) 4,639 Current Level ...... 0 99,470 22,958 156,530 22,958 256,000 0 18,968 0 4,543 Difference (Current Level—Caps) ...... (3) (3) (3) (3) ¥518,137 ¥291,279 (3) ¥7,952 (3) ¥96 1 Defense and nondefense categories are advisory rather than statutory. 2 Established by OMB Budget Enforcement Act Preview Report. 3 Not applicable.

U.S. CONGRESS, technical and economic assumptions of H. 106–17), the Omnibus Parks Technical Correc- CONGRESSIONAL BUDGET OFFICE, Con. Res. 290, the Concurrent Resolution on tions Act of 1999 (P.L. 106–176), the Wendell Washington, DC, June 19, 2000. the Budget for Fiscal Year 2001. The budget H. Ford Aviation Investment and Reform Hon. JOHN R. KASICH, resolution figures incorporate revisions sub- Act for the 21st Century (P.L. 106–181), the Chairman, Committee on the Budget, mitted by the Committee on the Budget to Civil Asset Forfeiture Reform Act of 2000 House of Representatives, Washington, DC. the House to reflect funding for emergency (P.L. 106–185), and the Trade and Develop- DEAR MR. CHAIRMAN: The enclosed report requirements, disability reviews, and adop- ment Act of 2000 (P.L. 106–200). In addition, shows the effects of Congressional action on tion assistance. These revisions are required the Congress cleared for the President’s sig- the fiscal year 2001 budget and is current by section 314 of the Congressional Budget nature the Agricultural Risk Protection Act through June 15, 2000. This report is sub- Act, as amended. This is my first letter for of 2000 (H.R. 2559). mitted under section 308(b) and in aid of sec- fiscal year 2001. Sincerely, tion 311 of the Congressional Budget Act, as Since the beginning of the second session ROBERT A. SUNSHINE amended. of the 106th Congress, the Congress has (For Dan L. Crippen, Director). The estimates of budget authority, out- cleared and the President has signed an act lays, and revenues are consistent with the to amend the Food Stamp Act of 1977 (P.L. Enclosure. FISCAL YEAR 2001 HOUSE CURRENT LEVEL REPORT AS OF JUNE 15, 2000 [In millions of dollars]

Budget (authority) Outlays Revenues Surplus

Enacted in previous sessions: Revenues ...... 0 0 1,514,800 ...... Permanents and other spending legislation ...... 961,064 916,715 0 ...... Appropriation legislation 1 ...... 0 266,010 0 ...... Offsetting receipts ...... ¥297,807 ¥297,807 0 ...... Total, previously enacted ...... 663,257 884,918 1,514,800 n.a.

Enacted this session: An act to amend the Food Stamp Act of 1977 (P.L. 106–171) 1 1 0 ...... Omnibus Parks Technical Corrections Act of 1999 (P.L. 106–176) ...... 8 6 0 ...... Wendell H. Ford Aviation Investment & Reform Act for the 21st Century (P.L. 106–181) ...... 3,200 0 ¥2 ...... Civil Asset Forfeiture Reform Act of 2000 (P.L. 106–185) ...... ¥114 ¥75 ¥115 ...... Trade and Development Act of 2000 (P.L. 106–200) ...... ¥47 ¥47 ¥442 ...... Total, enacted this session ...... 3,048 ¥115 ¥559 n.a.

Cleared pending signature: Agricultural Risk Protection Act of 2000 (H.R. 2559) ...... 3,060 2,165 0 n.a. Entitlements and Mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 283,602 262,778 0 n.a. Total Current Level 1 ...... 952,967 1,149,381 1,514,241 364,860 Total Budget Resolution ...... 1,529,886 1,495,196 1,503,200 8,004 Current Level Over Budget Resolution ...... 0 0 11,041 356,856 Current Level Under Budget Resolution ...... ¥576,919 ¥345,815 0 0 Memorandum: Revenues, 2001–2005: House Current Level ...... 0 0 8,169,171 n.a. House Budget Resolution ...... 0 0 8,022,400 n.a. Current Level Over Budget Resolution ...... 0 0 146,771 n.a. 2001 Advances: FY 2002 House Current Level ...... 0 0 0 n.a. FY 2001 House Budget Resolution ...... 0 0 23,500 n.a. Current Level Under Budget Resolution ...... 0 0 ¥23,500 n.a. 1 For purposes of enforcing section 311 of the Congressional Budget Act in the House, the budget resolution does not include budget authority or outlays for Social Security administrative expenses. As a result, current level excludes these items.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12637 Source: Congressional Budget Office. Notes.—P.L.=Public Law; n.a.=not applicable.

OPPOSE H.R. 4717 events—whether disseminated by mail, tele- Legislative Director. phone, paid ads, e-mail alert systems, or (Mr. PITTS asked and was given per- websites. CHRISTIAN COALITION, mission to address the House for 1 Incredibly, these requirements would apply Chesapeake, VA, June 26, 2000. minute and to revise and extend his re- even to communications to our own mem- DEAR MEMBER OF CONGRESS: I am writing marks.) bers that mention the name of a member of to you about one of the most important Mr. PITTS. Mr. Speaker, as chairman Congress or other federal politician, if the votes for the Christian Coalition member- of the Values Action Team, I rise to communication ‘‘urges such members to ship that you may ever cast in your career— bring to the Members’ attention the communicate with another person or to take that is the upcoming vote on campaign fi- strong opposition of many of the out- an action as a result of such communica- nance reform. The Christian Coalition side pro-family groups to the Archer- tion.’’ Thus, an ‘‘action alert’’ in the Na- strongly opposes H.R. 4717, the ‘‘Full and tional Right to Life News, urging our mem- Fair Political Activity Disclosure Act,’’ be- Houghton disclosure bill, H.R. 4717. bers to write ‘‘letters to the editor’’ of local cause of the impact it would have on the Since this bill has been broadened to newspapers expressing support for the ‘‘Hyde Christian Coalition as an organization by include, not only 527s, but now Amendment,’’ would need to be reported to forcing us to publicly disclose the names of 501(c)(4)s, (c)(5)s, (c)(6)s, and it is being the IRS. Indeed, if a group spent $1,000 on a our donors, and because of its intrusive and marketed as a disclosure bill, the pro- mailing to urge its members to ‘‘pray for the burdensome reporting requirements. H.R. vision would result in such burdensome defeat of the Kennedy bill,’’ that group 4717 is a blatant violation of our constitu- regulations that many of these organi- would be required to give a ‘‘detailed de- tional right to free speech and to freedom of zations feel they would be out of busi- scription’’ of that activity to the IRS, in- association. Be assured that the Christian cluding a listing of ‘‘the candidates intended ness as far as issue advocacy and rep- Coalition intends to publicize to our sup- to be affected.’’ porters in the clearest possible terms how resenting their constituencies in lob- In addition, the bill would unconstitution- you vote on H.R. 4717, and the impact of your bying. ally require that our organizations report to vote on the Christian Coalition. I submit for the RECORD about 30 let- the government—and place in the public do- H.R. 4717 would require the Christian Coa- ters from 30 organizations, including main—the name, address, occupation, and lition and many of our affiliates to publicly the Family Research Council, Eagle employer of any person who contributes report the name, address, occupation, and Forum, Christian Coalition, National $1,000 per year or more to our organizations. employer of any contributors who contribute Right to Life, Concerned Women for Stripping our best donors of privacy in this an aggregate of $1,000 or more during the re- America, American Conservative manner will expose them to harassment and porting period. Freedom of speech and free- exploitation by fly-by-night telemarketers dom of association are two of the most fun- Union, Traditional Values Coalition, and other outside parties. It would also ex- damental rights acknowledged by the U.S. U.S. Business and Industry Council, pose them to retribution from employers or Constitution. The freedom to donate money Citizens Against Government Waste, pro-abortion activists who do not agree with to support controversial or unpopular views and many others, and trust that Mem- their support for the right-to-life cause. This is crucial to both these rights. Activists bers will take this into consideration. is not a hypothetical concern—pro-abortion committed to social change will never be The letters are as follows: activists have in the past used boycotts and able to lead the rest of us to a better life NATIONAL RIGHT TO other means to ‘‘punish’’ businessmen and without the financial support of generous LIFE COMMITTEE, INC., others who support pro-life causes. souls willing to sacrifice their hard earned Washington, DC, June 23, 2000. Respectfully, we do not believe that the capital as an investment for the future. H.R. DEAR MEMBER OF CONGRESS: We are writing Constitution permits our elected representa- 4717 would punish individuals who support to express the strong objections of the Na- tives to demand that groups of citizens, or- political action on controversial issues. Op- tional Right to Life Committee (NRLC) to ganized to promote a cause, must report to position activists could target contributors the punitive and unconstitutional legislation government bureaucrats every instance in for harassment, both legal and illegal. What approved yesterday by the Ways & Means which they dare to utter the name of a fed- would have happened to the Civil Rights Committee, which is expected to come before eral politician to multiple listeners. The movement of the 1950’s and 60’s if the KKK the full House during the week of June 26. Constitution protects the rights of our mem- had access to the donor lists for the NAACP NRLC, Inc. and its state affiliates are bers to associate, to express opinions on the and the ACLU? Americans must never be 501(c)(4) corporations. These organizations actions of federal politicians, and to urge forced to risk their jobs, their homes, their have non-profit status simply because they other citizens to communicate with their friends, or their lives merely because they exist not to make a profit but to promote a elected representatives, without being sub- choose to contribute money for causes that cause—the protection of innocent human jected to intrusive oversight by politicians, others may not yet understand. life. Contributions to 501(c)(4) corporations political appointees, or federal bureaucrats. The United States Supreme Court has rec- are not tax-deductible. Finally, it is worth noting that the bur- ognized that the public disclosure of donors HR 4717 is being marketed as merely re- dens imposed by HR 4417 would not apply to has ‘‘the practical effect of discouraging the quiring ‘‘disclosure’’ by organizations, in- the largest organizational sponsor of pro- exercise of constitutionally protected polit- cluding 501(c)(4) corporations, that engage in abortion lobbying and issue advocacy—the ical rights,’’ Buckley v. Valeo, 424 U.S. 1, 65 so-called ‘‘political activities.’’ But in fact it Planned Parenthood Federation of America (1976), since ‘‘revelation of the identity of would impose extremely burdensome regula- (PPFA). That is because PPFA is 501(c)(3) or- rank-and-file members expose[s] these mem- tions on the day-to-day advocacy and grass- ganization, which are not covered by the bill. bers to economic reprisal, loss of employ- roots lobbying activities of many long-estab- Private donors to PPFA obtain tax deduc- ment, threat of physical coercion and other lished and respectable membership organiza- tions, unlike donors to NRLC. Yet, because manifestations of public hostility.’’ NAACP tions, including NRLC and NRLC’s state af- PPFA files under the special 501(h) category, v. Alabama, 357 U.S. 449, 462 (1958). In light of filiates. The bill would required groups such PPFA can and does engage extensively in the controversial issues that the Christian as NRLC and NRLC affiliates to file reports mass communications that mention the Coalition has been willing to stand and fight with the IRS giving a ‘‘detailed description,’’ names of members of Congress (issue advo- for over the years, the public reporting of including ‘‘the purpose and intended re- cacy), including grassroots lobbying cam- our donor base cold cripple the Christian Co- sults,’’ of communications to our members paigns aimed at Congress. Inclusion of 501(h) alition as our donations dry up. or to members of the public merely because organizations would not make the bill con- H.R. 4717 would also require the Christian those communications mention the name of stitutional, but the exclusion of PPFA Coalition to file quarterly reports of any a member of Congress, or Vice-president makes the bill even more outrageous. communications over $1,000 that involve the Gore or some other ‘‘candidate.’’ (Under cur- We strongly urge you to oppose this legis- name or likeness of a candidate, or which rent federal law, the term ‘‘candidate’’ in- lation. We intend to inform our members and meet the IRS definition of political interven- cludes every member of Congress who has donors regarding how members of the House tion—an extremely vague and nebulous defi- not announced his retirement, including vote regarding protection of their rights to nition. But the bill goes even further and each senator throughout his six-year term.) privacy and their ability to collectively peti- goes so far as to force disclosure of the These requirements are triggered by an ex- tion their elected representatives. money spent for internal communications penditure of as little as $1,000 on any such Sincerely, from an organization’s officers to its general activity. This requirement would apply, DAVID N. O’STEEN, PH.D., membership regarding elected officials if the among other things, to routine grassroots Executive Director. communication calls for the membership to alerts regarding upcoming legislative DOUGLAS JOHNSON, take action. Even legislative alerts and

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 12638 CONGRESSIONAL RECORD—HOUSE June 27, 2000 other communications to our membership such as Eagle Forum, to report to govern- Our nation’s founders neither intended nor regarding pending legislation would need to ment bureaucrats. Freedom of speech and as- imagined that one day American citizens be reported to the government if they exceed sociation are fundamental principles. Yet, would be required to subject themselves to the $1,000 threshold. We reject the notion H.R. 4717 replaces these freedoms with intru- the dictates of the government, federal bu- that Congress can require grassroots citizen sive government oversight. reaucrats or political appointees, or be re- organizations like the Christian Coalition I urge you to pull the bill from the legisla- quired to obtain permission simply to exer- that are organized to promote a cause, to tive calendar. If this bill in fact reaches the cise their unalienable rights. The Constitu- constantly report to the government our in- floor, I encourage you to oppose it. Eagle tion protects the rights of the American peo- ternal communications with our membership Forum members in your district will be ple to freely associate, to petition their regarding pending legislation would need to waiting to hear our report on how you voted. elected representatives and express their be reported to the government if they exceed Faithfully, opinions individually or collectively without the $1,000 threshold. We reject the notion PHYLLIS SCHLAFLY, intrusive oversight by the government. that Congress can require grassroots citizen President. The Family Research Council strongly organizations like the Christian Coalition urges you to oppose the misguided provisions that are organized to promote a cause, to FAMILY RESEARCH COUNCIL, contained in H.R. 4417 and the Doggett sub- constantly report to the government our in- Washington DC, June 26, 2000. stitute. ternal communications with our member- Re: HR 4717, ‘‘Exempt Organization Political Sincerely, ship, or our communications with the public Activity Disclosure Act of 2000’’ CHARLES A. DONOVAN, merely because they mention the name of a DEAR MEMBER OF CONGRESS: The Family Executive Vice President. candidate, and be subjected to intrusive Research Council urges you in the strongest oversight by political appointees and other possible terms to vote ‘‘NO’’ on the ‘‘Exempt CONCERNED WOMEN FOR AMERICA, government employees. Organization Political Activity Disclosure Washington, DC, June 26, 2000. It is particularly offensive that H.R. 4717 Act of 2000’’ (H.R. 4417) and the Doggett sub- Hon. JOE PITTS, applies to groups like the Christian Coali- stitute. These measures would unconsti- House of Representatives, Washington, DC. tion, but not to the Planned Parenthood tutionally restrict First Amendment free- DEAR REPRESENTATIVE PITTS, Concerned Federation of America, a 501c3 organization dom of speech rights and permit the govern- Women for America (CWA) is writing to ex- that is the largest organizational sponsor of ment to intrude egregiously on the privacy press our firm opposition to the Houghton pro-abortion lobbying. of millions of Americans. The measures also 527 amendment. This amendment threatens On behalf of the members and supporters of would impose an undue burden on the con- the future of ‘‘issue advocacy’’ for many non- the Christian Coalition, I urge you to stand stitutional right to petition government for profit public policy groups. up for the rights of our membership and vote the grievances and unnecessarily limit free- This measure is over-broad and attempts against H.R. 4717. dom of association. to solve a perceived problem with one type of Sincerely, Requiring non-profit organizations to re- organization by targeting even 501(c)(4) non- SUSAN T. MUSKETT, port all contributions in excess of $1,000 profit educational groups. Reporting their Director, Legislative Affairs. would needlessly expose donors to possible donors is wholly unwarranted and a viola- EAGLE FORUM, harassment, reprisals and public abuse. The tion of the donor’s right of association. June 23, 2000. U.S. Supreme Court already has ruled that Furthermore, the IRS definition of ‘‘polit- DEAR SPEAKER HASTERT, MAJORITY LEADER non-profit donor confidentiality is constitu- ical activity’’ is vague and may change in ARMEY, AND MAJORITY WHIP DELAY: On be- tional and an important privacy protection the future. Organizations which in good faith half of Eagle Forum members nationwide, I for those who wish to exercise their constitu- attempt law-abiding efforts to further their am writing in strong opposition to the Full tional rights by expressing their opinions on public policy agenda could be held hostage and Fair Political Activity Disclosure Act of matters of public policy. Two weeks ago, a by the IRS and this legislation. 2000 (H.R. 4717), which was approved by the federal appeals court struck down a Vermont This measure has been hastily drawn and Ways and Means Committee yesterday. This law that sought to force disclosure by groups it shows. Therefore, the over 500,000 members bill gives the federal government the author- that sponsor issue ads. ‘‘The constitutional of Concerned Women for America urge the ity to police the activities of section 527, defects are particularly serious because of House of Representatives and House leader- 501(c)(4), 501(c)(5), and section 501(c)(6) orga- their impact on anonymous communica- ship to oppose the Houghton 527 amendment. nizations. tions, which have played a central role in the Sincerely, Eagle Forum functions as a 501(c)(4) tax- development of free expression and demo- BEVERLY LAHAYE, exempt organization and does not receive cratic governance,’’ the appeals court said. Chairman and Founder. tax-deductible contributions. While H.R. 4717 Information regarding donors, moreover, is is being marketed as a ‘‘disclosure’’ bill, im- proprietary. Making such information public June 23, 2000. plementing its provisions would result in through government agencies would allow HON. J. DENNIS HASTERT, burdensome paperwork that would take a competing groups, unscrupulous hucksters Speaker of the House of Representatives, heavy toll on our day-to-day activities and or other outside parties to target an organi- Washington, DC. grassroots lobbying. Once Eagle Forum zation’s supporters. DEAR SPEAKER HASTERT: A vote on a bill spends $10,000 on legislative activities that Extending donor reporting requirements to sponsored by Representative Amo Houghton merely mention the name of a Member of non-profit organizations is unneeded. Such (R–NY) in regard to disclosure of tax-exempt Congress or a candidate, we would be re- organizations already are ‘‘explicitly barred group’s political activities is scheduled to quired to file reports with the Internal Rev- from having a primarily electoral purpose.’’ take place prior to the Congressional July enue Service giving a ‘‘detailed description H.R. 4417 has nothing to do with ‘‘campaign 4th recess. This vote should be postponed. . . . including the purpose and intended re- finance.’’ It would, however, subject non- The signers of this letter are gravely con- sults’’ of our communications. We do not profit organizations to unwarranted govern- cerned that this important issue is being want the IRS knocking on our door every ment scrutiny when they are engaged in treated with undue haste. Hasty, ill-consid- time we send an alert, conduct a postcard good faith, lawful public policy advocacy. ered legislation may not only fail to address campaign, or generate phone calls. This requirement would have a profound the problem this legislation purports to It is Eagle Forum’s policy to respect and chilling effect on public policy debate and al- solve, by may also broadly impact all public protect the privacy of our members. There- most all grassroots issues advocacy. policy organizations. fore, we do not rent or share our lists. How- H.R. 4417 would inappropriately cede too The current version of the ‘‘Exempt Orga- ever, H.R. 4717 would force us to report to much power to the IRS to scrutinize the nization Political Activity Disclosure Act of the government, thereby placing in the pub- daily activities of issue advocacy groups. 2000’’ suffers from several drafting problems. lic domain, the name, address, occupation, The bill would not only require the reporting The legislation includes language which and employer of any person who contributes of gifts and contributions to non-profit orga- would require the Internal Revenue Service $1,000 or more in one year to Eagle Forum. nizations, but would compel them to disclose to hire mind readers to conduct audits by es- This requirement would force our members the ‘‘purpose and intended results’’ of such tablishing an intent standard (e.g. page 2, into the public sphere despite our long- donations. This would drive the IRS into the lines 12 & 13: ‘‘The intended results for the standing policy of protecting our members’ mind-reading business. The potential here major categories of expenditures’’). privacy, which is guaranteed by the First for abuses of power or manipulation of the Exactly how the IRS will verify compli- Amendment, see NAACP v. Patterson, 357 U.S. tax-collecting agency for political purposes ance with the reporting requirements this 449 (1958). is painfully self-evident. H.R. 4417 effectively legislation imposes on all law-abiding Finally, our system of government relies would empower the government to control 501(c)(4) organizations also merits scrutiny. on citizen participation. The U.S. Constitu- and limit public debate on policy issues or Will an organization’s entire computer mem- tion does not give federal government the pending legislation. This would be fatal to bership file be turned over to the IRS during authority to police or force organizations, participatory democracy. an audit in order to allow the IRS computers

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12639 to search for undisclosed donors? The secu- REPORT ON RESOLUTION PRO- that that committee did on this day rity of this information, which is the life- VIDING FOR CONSIDERATION OF present to the President, for his ap- blood of any organization, may well be com- H.R. 4461, AGRICULTURE, RURAL proval, bills of the House of the fol- promised if accessed by persons opposed to DEVELOPMENT, FOOD AND DRUG lowing titles: the organization’s beliefs. ADMINISTRATION, AND RELATED The Committee on House Adminis- This chilling effect of membership disclose AGENCIES APPROPRIATIONS tration reports that on June 27, 2000 on Constitutionally-protected activity has ACT, 2001 they presented to the President of the been addressed by the Supreme Court in United States, for his approval, the fol- NAACP v. Alabama 78 S. Ct. 1163 (1958): ‘‘It is Mr. SESSIONS, from the Committee hardly a novel perception that compelled on Rules, submitted a privileged report lowing bills: disclosure of affiliation with groups engaged (Rept. No. 106–704) on the resolution (H. H.R. 642. To redesignate the Federal build- in advocacy may constitute a(n) effective re- Res. 538) providing for consideration of ing located at 701 South Santa Fe Avenue in straint on freedom of association.’’ Compton, California, and known as the the bill (H.R. 4461) making appropria- Compton Main Post Office, as the ‘‘Mervyn Please postpone consideration of the ‘‘Ex- tions for Agriculture, Rural Develop- Malcolm Dymally Post Office Building’’. empt Organization Political Activity Disclo- ment, Food and Drug Administration, H.R. 643. To redesignate the Federal build- sure Act of 2000’’ until affected organizations and Related Agencies programs for the ing located at 10301 South Compton Avenue, and concerned Members of Congress can fiscal year ending September 30, 2001, in Los Angeles, California, and known as the properly and fully evaluate the scope and im- Watts Finance Office, as the ‘‘Augustus F. pact of this legislation. and for other purposes, which was re- ferred to the House Calendar and or- Hawkins Post Office Building’’. (Titles and organizations of signers listed H.R. 2460. To designate the United States for identification purposes only) dered to be printed. Post Office located at 125 Border Avenue Paul Weyrich, National Chairman, Coali- f West in Wiggins, Mississippi, as the ‘‘Jay tions for America; Beverly LaHaye, Founder Hanna ‘Dizzy’ Dean Post Office’’. REPORT ON RESOLUTION PRO- H.R. 2357. To designate the United States and Chairman, Concerned Women for Amer- VIDING FOR CONSIDERATION OF Post Office located at 3675 Warrensville Cen- ica; David Keene, Chairman, American Con- ter Road in Shaker Heights, Ohio, as the servative Union; Larry Pratt, Executive Di- H.R. 4680, MEDICARE RX 2000 ACT ‘‘Louise Stokes Post Office’’. rector, Gun Owners of America; Rev. Lou Mr. SESSIONS, from the Committee H.R. 2307. To designate the building of the Sheldon, Chairman, Traditional Values Coa- on Rules, submitted a privileged report United States Postal Service located at 5 lition; Gordon S. Jones, President, Associa- (Rept. No. 106–705) on the resolution (H. Cedar Street in Hopkinton, Massachusetts, tion of Concerned Taxpayers; Joe Glover, Res. 539) providing for consideration of as the ‘‘Thomas J. Brown Post Office Build- President, Family Policy Network; Ronald ing’’. W. Pearson, Executive Director, Conserv- the bill (H.R. 4680) to amend title XVIII of the Social Security Act to provide H.R. 1666. To designate the facility of the ative Victory Fund Kent Snyder, Executive United States Postal Service at 200 East Director, Liberty Study Committee; Joe for a voluntary program for prescrip- Pinckney Street in Madison, Florida, as the Douglas, Director, Redwood Institute; Dr. tion drug coverage under the Medicare ‘‘Captain Colin P. Kelly, Jr. Post Office’’. Emillio-Adolpho Rivera, Popular Republican Program, to modernize the Medicare H.R. 2591. To designate the United States Party of Cuba; Tom DeWeese, President, Program, and for other purposes, which Post Office located at 713 Elm Street in American Policy Center; David N. O’Steen, was referred to the House Calendar and Wakefield, Kansas, as the ‘‘William H. Avery Ph.D., Executive Director, National Right to ordered to be printed. Post Office’’. Life Committee; Tom Schatz, President, H.R. 2952. To redesignate the facility of the Council for Citizens Against Government f United States Post Office located at 100 Or- Waste; Kevin L. Kearns, President, U.S. LEAVE OF ABSENCE chard Park Drive in Greenville, South Caro- Business and Industry Council; Linda Cha- lina, as the ‘‘Keith D. Oglesby Station’’. vez, President, One Nation Indivisible; Jen- By unanimous consent, leave of ab- H.R. 3018. To designate certain facilities of nifer Bingham, Executive Director, Susan B. sence was granted to: the United States Postal Service in South Anthony List; C. Preston Noell, III, Presi- Mr. MARKEY (at the request of Mr. Carolina. dent, Traditio, Family, Property, Inc.; Jim H.R. 3699. To designate the facility of the GEPHARDT) for today on account of Boulet, Jr., Exeutive Director, English First; United States Postal Service located at 8409 Laszlo Pasztor, Honorary Chairman, Na- family illness. Lee Highway in Merrifield, Virginia, as the tional Republican Heritage Groups Council; f ‘‘Joel T. Broyhill Postal Building’’. Juraj Slavik, Washington Representative, H.R. 3701. To designate the facility of the Czechoslovak National Council of America; SPECIAL ORDERS GRANTED United States Postal Service located at 3118 Jack Clayton, Washington Representative, By unanimous consent, permission to Washington Boulevard in Arlington, Vir- Public Advocate; Joan Hueter, American address the House, following the legis- ginia, as the ‘‘Joseph L. Fisher Post Office Council for Immigration Reform; Wes Building’’. Vernon, Writer & Broadcaster. lative program and any special orders H.R. 3903. To deem the vessel M/V MIST heretofore entered, was granted to: COVE to be less than 100 gross tons, as meas- (The following Members (at the re- f ured under chapter 145 of title 46, United quest of Mr. MCNULTY) to revise and States Code. extend their remarks and include ex- H.R. 4241. To designate the facility of the RECESS traneous material:) United States Postal Service located at 1818 Milton Avenue in Janesville, Wisconsin, as Mr. PALLONE, for 5 minutes, today. The SPEAKER pro tempore. Pursu- the ‘‘Les Aspin Post Office Building’’. Ms. STABENOW, for 5 minutes, today. ant to clause 12 of rule I, the Chair de- f clares the House in recess subject to f the call of the Chair. ADJOURNMENT SENATE ENROLLED BILL SIGNED Accordingly (at 12 o’clock and 31 Mr. SESSIONS. Mr. Speaker, I move The SPEAKER announced his signa- minutes a.m.), the House stood in re- that the House do now adjourn. ture to an enrolled bill of the Senate of The motion was agreed to; accord- cess subject to the call of the Chair. the following title: ingly (at 3 clock and 30 minutes a.m.), S. 1309. An act to amend title I of the Em- the House adjourned until today, f ployee Retirement Income Security Act of Wednesday, June 28, 2000, at 10 a.m. 1974 to provide for the preemption of State f b 0329 law in certain cases relating to certain church plans. EXECUTIVE COMMUNICATIONS, ETC. AFTER RECESS f Under clause 8 of rule XII, executive The recess having expired, the House BILLS PRESENTED TO THE communications were taken from the was called to order by the Speaker pro PRESIDENT Speaker’s table and referred as follows: tempore (Mr. DREIER) at 3 o’clock and Mr. THOMAS, from the Committee 8373. A letter from the Director, Office of 29 minutes a.m. on House Administration, reported Regulatory Management and Information,

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 12640 CONGRESSIONAL RECORD—HOUSE June 27, 2000 Environmental Protection Agency, transmit- ment of Defense, transmitting a report of en- rine Fisheries Service, National Oceanic and ting the Agency’s final rule—Mancozeb; Re- hancement or upgrade of sensitivity of tech- Atmospheric Administration, transmitting establishment of Tolerance for Emergency nology or capability for the Taipei Economic the Administration’s final rule—Fisheries off Exemptions [OPP–301001; FRL–6556–9] (RIN: and Cultural Representative Office [Trans- the West Coast States and in the Western 2070–AB78) received May 16, 2000, pursuant to mittal No. 0A–00], pursuant to 22 U.S.C. Pacific; West Coast Salmon Fisheries; 2000 5 U.S.C. 801(a)(1)(A); to the Committee on 2776(b)(5)(A); to the Committee on Inter- Management Measures [Docket No. 0005– Agriculture. national Relations. 0119–01; I.D. 042400J] (RIN: 0648–AN81) re- 8374. A letter from the Secretary of De- 8384. A letter from the Assistant Secretary ceived May 17, 2000, pursuant to 5 U.S.C. fense, transmitting notification of munitions for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Resources. disposal, pursuant to 50 U.S.C. 1512(4); to the transmitting notification of a proposed li- 8395. A letter from the Assistant Adminis- Committee on Armed Services. cense for the export of defense articles or de- trator for Fisheries, National Marine Fish- 8375. A letter from the Assistant Secretary, fense services sold commercially to Italy, erie’s Service, National Oceanic and Atmos- Health Affairs, Department of Defense, Sweden, Norway, Germany, Australia, UAE pheric Administration, transmitting the transmitting the TRICARE Program Effec- (Transmittal No. DTC 008–00), pursuant to 22 Administratition’s final rule—Fisheries of tiveness Interim Evaluation Report for U.S.C. 2776(c); to the Committee on Inter- the Exclusive Economic Zone Off Alaska; Li- March 2000; to the Committee on Armed national Relations. cense Limitation Program [Docket No. Services. 8385. A letter from the Assistant General 00424110–0110–01; I.D. 040600A] (RIN: 0648– 8376. A letter from the Assistant Secretary, Counsel for Regulatory Law, Office of Arms AO01) received May 17, 2000, pursuant to 5 Department of Education, transmitting the Control and Nonproliferation, Department of U.S.C. 801(a)(1)(A); to the Committee on Re- Department’s final rule—National Institute Energy, transmitting the Department’s final sources. rule—Assistance to Foreign Atomic Energy on Disability and Rehabilitation Research— 8396. A letter from the Assistant Adminis- Activities (RIN: 1992–AA24) received March received May 17, 2000, pursuant to 5 U.S.C. trator for Fisheries, National Marine Fish- 29, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Education eries Service, National Oceanic and Atmos- the Committee on International Relations. and the Workforce. pheric Administration, transmitting the Ad- 8386. A letter from the Assistant Secretary 8377. A letter from the Director, Office of ministration’s final rule—Fisheries of the for Legislative Affairs, Department of State, Regulatory Management and Information, Exclusive Economic Zone Off Alaska; transmitting the 1999 Report on IAEA Ac- Environmental Protection Agency, transmit- Prohibitation of Nonpelagic Trawl Gear in tivities in Countries Described in Section 307 ting the Agency’s final rule—Approval and the Bering Sea and Aleutian Islands Pollock (a) of the Foreign Assistance Act, pursuant Promulgation of Implementation Plans; Re- Fishery [Docket No. 991221345–0108–02; I.D. to Public Law 105—277; to the Committee on visions to the California State Implementa- 113099B] (RIN: 0648–AL30) received May 17, International Relations. tion Plan, Monterey Bay Unified Air Pollu- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion Control District [CA 240–0237a; FRL– 8387. A letter from the Executive Director, Committee For Purchase From People Who Committee on Resources. 6602–2] received May 9, 2000, pursuant to 5 8397. A letter from the Assistant Adminis- U.S.C. 801(a)(1)(A); to the Committee on Are Blind Or Severely Disabled, transmitting the Committee’s final rule—Procurement trator for Fisheries, National Marine Fish- Commerce. eries Service, National Oceanic and Atmos- 8378. A letter from the Director, Office of List: Addition—received May 5, 2000, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee pheric Administration, transmitting the Ad- Regulatory Management and Information, ministration’s final rule—Fisheries of the Environmental Protection Agency, transmit- on Government Reform. 8388. A letter from the Assistant Attorney Caribbean, Gulf of Mexico, and South Atlan- ting the Agency’s final rule—Approval and General for Administration, Justice Manage- tic; Coastal Migratory Pelagic Resources of Promulgation of Implementation Plans; ment Division, Department of Justice, trans- the Gulf of Mexico and South Atlantic; California State Implementation Plan Revi- mitting the Department’s final rule—Pri- Catch Specifications for Gulf Group King and sion, Antelope Valley Air Pollution Control vacy Act of 1974; Implementation [AAG/A Spanish MACKerel [Docket No. 991112303–0069– District [CA 226–0186a; FRL–6606–3] received Order No. 196–2000] received May 17, 2000, pur- 02; I.D. 100499A] (RIN: 0648–AM01) received May 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); suant to 5 U.S.C. 801(a)(1)(A); to the Com- May 17, 2000, pursuant to 5 U.S.C. to the Committee on Commerce. mittee on Government Reform. 801(a)(1)(A); to the Committee on Resources. 8379. A letter from the Director, Office of 8389. A letter from the Chairman, Inter- 8398. A letter from the Assistant Secretary Regulatory Management and Information, national Trade Commission, transmitting of the Army, Civil Works, Department of the Environmental Protection Agency, transmit- the semiannual report on the activities of Army, transmitting the Department’s final ting the Agency’s final rule—Acquisition the Office of Inspector General ending Octo- rule—St. Marys Falls Canal and Locks, Regulation: To amend the EPA Acquisition ber 1, 1999 through March 31, 2000, pursuant Michigan; Use, Administration and Naviga- Regulation Clause 1552.216–70, Award fee to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); tion—received May 15, 2000, pursuant to 5 [FRL–6606–6] (RIN: 2030–AA74) received May to the Committee on Government Reform. U.S.C. 801(a)(1)(A); to the Committee on 9, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 8390. A letter from the Director, Office of Transportation and Infrastructure. the Committee on Commerce. Personnel Management, transmitting the Of- 8399. A letter from the Director, Office of 8380. A letter from the Director, Office of fice’s final rule—Prevailing Rate Systems; Regulatory Management and Information, Regulatory Management and Information, Definition of Napa County, CA, to a Non- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- appropriated Fund Wage Area (RIN: 3206– ting the Agency’s final rule—Clean Air Act ting the Agency’s final rule—Allocation of AI86) received May 4, 2000, pursuant to 5 Fiscal Year 2000 Youth and the Environment Approval and Promulgation of State Imple- U.S.C. 801(a)(1)(A); to the Committee on Gov- mentation Plan; South Dakota; New Source Training and Employment Program Funds— ernment Reform. received May 16, 2000, pursuant to 5 U.S.C. Performance Standards [SD–001–0010 & SD– 8391. A letter from the Director, Office of 001–0011; FRL–6603–1] received May 16, 2000, 801(a)(1)(A); to the Committee on Transpor- Personnel Management, transmitting the Of- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice’s final rule—Prevailing Rate Systems; 8400. A letter from the the Board of Trust- mittee on Commerce. Abolishment of the Washington, MD, Non- ees, Federal Hospital Insurance Trust Fund, 8381. A letter from the Director, Office of appropriated Fund Wage Area (RIN: 3206– the Department of Health and Human Serv- Regulatory Management and Information, AI97) received May 17, 2000, pursuant to 5 ices, transmitting the Amended 2000 Annual Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on Gov- Report of the Board of Trustees of the Fed- ting the Agency’s final rule—Approval and ernment Reform. Promulgation of Implementation Plans; 8392. A letter from the Director, Office of eral Hospital Insurance Trust Fund, pursu- State of Iowa; Correction [IA 104–1104; FRL– Personnel Management, transmitting the Of- ant to 42 U.S.C. 401(c)(2), 1395i(b)(2), and 6702–9] received May 16, 2000, pursuant to 5 fice’s final rule—Prevailing Rate Systemsl 1395t(b)(2); (H. Doc. No. 106—262); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Abolishment of the Dubuque, IA, Appro- mittee on Ways and Means and ordered to be Commerce. priated Fund Wage Area (RIN: 3206–AI90) re- printed. 8382. A letter from the Acting Director, De- ceived May 17, 2000, pursuant to 5 U.S.C. 8401. A letter from the Chief, Regulations fense Security Cooperation Agency, Depart- 801(a)(1)(A); to the Committee on Govern- Unit, Internal Revenue Service, transmitting ment of Defense, transmitting notification ment Reform. the Service’s final rule—June 2000 Applicable concerning the Department of the Navy’s 8393. A letter from the Chairman, Federal Federal Rates [Rev. Rul. 2000–28] received Proposed Letter(s) of Offer and Acceptance Election Commission, transmitting the Com- May 17, 2000, pursuant to 5 U.S.C. (LOA) to Greece for defense articles and mission’s final rule—Administrative Fines 801(a)(1)(A); to the Committee on Ways and services (Transmittal No. 00–36), pursuant to [Notice 2000–10] received May 15, 2000, pursu- Means. 22 U.S.C. 2776(b); to the Committee on Inter- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8402. A letter from the Legislative Liaison, national Relations. on House Administration. Trade and Development Agency, transmit- 8383. A letter from the Acting Director, De- 8394. A letter from the Acting Director, Of- ting a prospective funding obligation which fense Security Cooperation Agency, Depart- fice of Sustainable Fisheries, National Ma- requires special notification under section

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 CONGRESSIONAL RECORD—HOUSE 12641

520 of the Foreign Operations, Export Fi- report to Congress on economically signifi- Mr. JACKSON of Illinois, Ms. JACKSON- nancing, and Related Programs Appropria- cant rules of Federal agencies, and for other LEE of Texas, Ms. EDDIE BERNICE tions Act, 2000; jointly to the Committees on purposes; to the Committee on Government JOHNSON of Texas, Mr. KENNEDY of Appropriations and International Relations. Reform. Rhode Island, Mr. KILDEE, Ms. KIL- By Mr. EWING (for himself, Mr. PATRICK, Mr. KUCINICH, Mr. LAMPSON, f MCCRERY, and Mr. THOMAS): Mr. LANTOS, Ms. LEE, Mrs. LOWEY, REPORTS OF COMMITTEES ON H.R. 4764. A bill to require the United Mr. MCGOVERN, Mrs. MALONEY of New PUBLIC BILLS AND RESOLUTIONS States Trade Representative to enter into York, Mr. MEEHAN, Mr. MENENDEZ, negotiations to eliminate price controls im- Ms. MILLENDER-MCDONALD, Mr. Under clause 2 of rule XIII, reports of posed by certain foreign countries on pre- MOAKLEY, Mrs. NAPOLITANO, Mr. committees were delivered to the Clerk scription drugs; to the Committee on Ways OBERSTAR, Mr. OLVER, Mr. ORTIZ, Mr. for printing and reference to the proper and Means. PASCRELL, Mr. PASTOR, Ms. PELOSI, calendar, as follows: By Mr. QUINN (for himself, Mr. FIL- Mr. PHELPS, Mr. POMEROY, Mr. NER, Mr. STUMP, and Mr. EVANS): REYES, Mr. RODRIGUEZ, Ms. ROYBAL- Mr. ARCHER: Committee on Ways and H.R. 4765. A bill to amend title 38, United ALLARD, Ms. SANCHEZ, Mr. SANDLIN, Means. H.R. 4717. A bill to amend the Inter- States Code, to improve employment and Mr. SKELTON, Ms. SLAUGHTER, Mr. nal Revenue Code of 1986 to require 527 orga- training services provided to veterans and SNYDER, Mr. SPRATT, Ms. STABENOW, nizations and certain other tax-exempt orga- disabled veterans by requiring the use of Mrs. JONES of Ohio, Mr. TURNER, Mr. nizations to disclose their political activi- measurable performance outcomes in an era UDALL of New Mexico, Mr. UNDER- ties; with an amendment (Rept. 106–702). Re- of electronic-based self services and one-stop WOOD, Mr. WEYGAND, Mr. WEXLER, ferred to the Committee of the Whole House career service centers; to the Committee on and Ms. WOOLSEY): on the State of the Union. Veterans’ Affairs. H.R. 4770. A bill to amend title XVIII of the Mr. ARCHER: Committee on Ways and By Mr. GOODLING (for himself, Mr. Social Security Act to provide a prescription Means. H.R. 4680. A bill to amend title XVIII ISAKSON, Mr. CASTLE, Mr. MCKEON, medicine benefit under the Medicare Pro- of the Social Security Act to provide for a Mr. PETRI, Mr. UPTON, and Mr. gram, to enhance the preventive benefits voluntary program for prescription drug cov- FLETCHER): covered under such program, and for other erage under the Medicare Program, to mod- H.R. 4766. A bill to amend the Elementary purposes; to the Committee on Ways and ernize the Medicare Program, and for other and Secondary Education Act of 1965 to au- Means, and in addition to the Committee on purposes; with an amendment (Rept. 106–703 thorize the appropriation of funds to assist Commerce, for a period to be subsequently Pt. 1). Referred to the Committee of the States and local educational agencies with determined by the Speaker, in each case for Whole House on the State of the Union. the expenses of Federal education statutory consideration of such provisions as fall with- Mr. DIAZ-BALART: Committee on Rules. requirements and priorities relating to infra- in the jurisdiction of the committee con- House Resolution 538. Resolution providing structure, technology, and equipment; to the cerned. for consideration of the bill (H.R. 4461) mak- Committee on Education and the Workforce. By Mr. MCHUGH: ing appropriations for Agriculture, Rural De- By Mr. GREENWOOD: H.R. 4771. A bill to amend title XVIII of the velopment, Food and Drug Administration, H.R. 4767. A bill to suspend temporarily the Social Security Act to provide increased ac- and Related Agencies programs for the fiscal duty on Exisulind; to the Committee on cess to health care for Medicare beneficiaries year ending September 30, 2001, and for other Ways and Means. through telemedicine; to the Committee on purposes (Rept. 106–704). Referred to the By Mr. HERGER: Commerce, and in addition to the Committee House Calendar. H.R. 4768. A bill to provide compensation on Ways and Means, for a period to be subse- Mr. GOSS: Committee on Rules. House to individuals who are injured by an escaped quently determined by the Speaker, in each Resolution 539. Resolution providing for con- prescribed fire and to amend the tort proce- case for consideration of such provisions as sideration of the bill (H.R. 4680) to amend fall within the jurisdiction of the committee dure provisions of title 28, United States title XVIII of the Social Security Act to pro- concerned. Code, relating to claims for such fires, and vide for a voluntary program for prescription By Mr. OWENS: for other purposes; to the Committee on the drug coverage under the Medicare Program, H.R. 4772. A bill to provide for prices of Judiciary, and in addition to the Committees to modernize the Medicare Program, and for pharmaceutical products that are fair to the on Resources, and Agriculture, for a period other purposes (Rept. 106–705). Referred to producer and the consumer, and for other to be subsequently determined by the Speak- the House Calendar. purposes; to the Committee on Commerce, er, in each case for consideration of such pro- and in addition to the Committee on the Ju- f visions as fall within the jurisdiction of the diciary, for a period to be subsequently de- committee concerned. DISCHARGE OF COMMITTEE termined by the Speaker, in each case for By Mr. MARKEY: consideration of such provisions as fall with- Pursuant to clause 5 of rule X the H.R. 4769. A bill to amend the Communica- in the jurisdiction of the committee con- Committee on Commerce discharged. tions Act of 1934 to prohibit the imposition cerned. H.R. 4680 referred to the Committee of of time-based access charges on Internet te- By Mr. SAXTON: lephony; to the Committee on Commerce. H.R. 4773. A bill to provide for the con- the Whole House on the State of the By Mr. GEPHARDT (for himself, Mr. Union. servation and rebuilding of overfished stocks HOEFFEL, Mr. BONIOR, Mr. RANGEL, of Atlantic highly migratory species of fish, f Mr. DINGELL, Mr. STARK, Mr. BROWN and for other purposes; to the Committee on of Ohio, Mr. MATSUI, Mr. COYNE, Mr. Resources. TIME LIMITATION OF REFERRED LEVIN, Mr. CARDIN, Mr. MCDERMOTT, By Mr. WALDEN of Oregon: BILL Mr. KLECZKA, Mr. LEWIS of Georgia, H.R. 4774. A bill to authorize the Secretary Pursuant to clause 5 of rule X the fol- Mr. NEAL of Massachusetts, Mr. of Agriculture to sell or exchange all or part MCNULTY, Mr. JEFFERSON, Mr. TAN- lowing action was taken by the Speak- of certain administrative sites and other Na- NER, Mr. BECERRA, Mrs. THURMAN, tional Forest System land in the State of Or- er: Mr. DOGGETT, Mr. WAXMAN, Mr. MAR- egon and use the proceeds derived from the H.R. 4680. Referral to the Committee on KEY, Mr. BOUCHER, Mr. PALLONE, Mr. sale or exchange for National Forest System Commerce extended for a period ending not STUPAK, Mr. ENGEL, Mr. GREEN of purposes; to the Committee on Resources. later than June 27, 2000. Texas, Mr. ALLEN, Mr. BACA, Mr. By Mr. WELDON of Florida: f BENTSEN, Ms. BERKLEY, Mr. BISHOP, H.R. 4775. A bill to direct the Secretary of Mrs. CAPPS, Mr. BLAGOJEVICH, Mr. the Army to mitigate the adverse impacts of PUBLIC BILLS AND RESOLUTIONS BLUMENAUER, Mr. BRADY of Pennsyl- shoreline erosion in Brevard County, Flor- Under clause 2 of rule XII, public vania, Ms. BROWN of Florida, Mr. ida, and for other purposes; to the Com- CAPUANO, Mr. CLAY, Mrs. CLAYTON, bills and resolutions were introduced mittee on Transportation and Infrastruc- Mr. CLEMENT, Mr. CONYERS, Mr. ture. and severally referred, as follows: COSTELLO, Mr. CUMMINGS, Ms. DAN- By Mr. TALENT: By Mr. HOUGHTON: NER, Mr. DAVIS of Illinois, Ms. H. Res. 533. A resolution providing for the H.R. 4762. A bill to amend the Internal Rev- DEGETTE, Mr. DELAHUNT, Ms. concurrence by the House with an amend- enue Code of 1986 to require 527 organizations DELAURO, Mr. DIXON, Mr. DOYLE, Mr. ment in the amendment of the Senate to to disclose their political activities; to the EDWARDS, Mr. EVANS, Mr. FARR of H.R. 2614; considered and agreed to. Committee on Ways and Means. California, Mr. FORBES, Mr. FRANK of By Mr. SPENCE (for himself, Mr. SKEL- By Mr. CONDIT: Massachusetts, Mr. FROST, Mr. GON- TON, Mr. HUNTER, Mr. SISISKY, Mr. H.R. 4763. A bill to establish a 3-year pilot ZALEZ, Mr. GUTIERREZ, Mr. HILLIARD, WELDON of Pennsylvania, Mr. THORN- project for the General Accounting Office to Ms. NORTON, Mr. HOYER, Mr. INSLEE, BERRY, and Mrs. TAUSCHER):

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H. Res. 534. A resolution expressing the H.R. 2457: Mr. JEFFERSON, Ms. BERKLEY, H.R. 4508: Mr. ALLEN and Mr. COYNE. sense of the House of Representatives that and Mr. BENTSEN. H.R. 4539: Mr. WEXLER and Mr. BERMAN. the recent nuclear weapons security failures H.R. 2538: Ms. MCCARTHY of Missouri. H.R. 4547: Mr. BUYER and Mr. HOEKSTRA. at Los Alamos National Laboratory dem- H.R. 2624: Mr. SMITH of Washington. H.R. 4548: Mr. QUINN. onstrate that security policy and security H.R. 2738: Mr. DAVIS of Florida. H.R. 4565: Mr. GEORGE MILLER of Cali- procedures within the National Nuclear Se- H.R. 2814: Mr. HILLEARY. fornia, Mrs. MCCARTHY of New York, Ms. curity Administration remain inadequate, H.R. 2882: Ms. SCHAKOWSKY. WOOLSEY, Ms. RIVERS, Mr. DEFAZIO, Mrs. that the individuals responsible for such pol- H.R. 2892: Mr. JEFFERSON. TAUSCHER, Mr. TANNER, Mr. FORBES, Ms. icy and procedures must be held accountable H.R. 3003: Ms. LEE, Mr. BONIOR, and Mr. STABENOW, Mr. BOSWELL, Mrs. EMERSON, Ms. for their performance, and that immediate CANADY of Florida. KILPATRICK, and Mr. LANTOS. action must be taken to correct security de- H.R. 3032: Mr. COSTELLO. H.R. 4566: Mr. SAWYER, Mr. FILNER, and Mr. ficiencies; to the Committee on Armed Serv- H.R. 3144: Ms. BROWN of Florida. MOLLOHAN. ices. H.R. 3250: Mr. DICKEY. H.R. 4596: Mr. CLAY and Ms. BROWN of Flor- By Mr. BILBRAY (for himself and Mrs. H.R. 3433: Mr. PRICE of North Carolina, Mr. ida. WILSON): BOEHLERT, and Mr. KILDEE. H.R. 4607: Mr. FARR of California. H. Res. 535. A resolution expressing the H.R. 3453: Mr. VISCLOSKY. H.R. 4651: Mr. MCDERMOTT. sense of the House of Representatives con- H.R. 3517: Mr. HOLT, Mr. NETHERCUTT, Mr. H.R. 4652: Mr. SANDERS and Mr. HINCHEY. cerning use of additional projected surplus COSTELLO, Mr. ETHERIDGE, Mr. DOYLE, Mr. H.R. 4659: Ms. MCKINNEY, Ms. ROS- funds to supplement Medicare funding, pre- HUTCHINSON, and Mr. SCHAFFER. LEHTINEN, and Mrs. MYRICK. viously reduced under the Balanced Budget H.R. 3561: Ms. PELOSI and Mr. WEXLER. H.R. 4660: Mr. HOSTETTLER and Mr. Act of 1997; to the Committee on Ways and H.R. 3580: Mr. NEY, Mr. STENHOLM, Mr. MCINNIS. Means, and in addition to the Committee on HINOJOSA, Mr. INSLEE, Mr. HOUGHTON, Mr. H.R. 4687: Mr. NADLER, Ms. PELOSI, Mr. Commerce, for a period to be subsequently SABO, Mrs. NORTHUP, Mr. HANSEN, and Mr. HINCHEY, Mr. STARK, Mr. BONIOR, Mr. AN- determined by the Speaker, in each case for HASTINGS of Washington. DREWS, Mrs. MINK of Hawaii, Mr. FARR of consideration of such provisions as fall with- H.R. 3590: Mr. HILLEARY. California, Ms. MCCARTHY of Missouri, Mr. in the jurisdiction of the committee con- H.R. 3610: Ms. WOOLSEY and Mr. TIERNEY. SAWYER, Mr. KUCINICH, and Mr. WATT of H.R. 3625: Mr. SMITH of Washington, Mr. cerned. North Carolina. WISE, and Mr. COMBEST. By Mr. BALDACCI (for himself, Mr. H.R. 4711: Mr. WATT of North Carolina. H.R. 3634: Mr. MCDERMOTT. FROST, Mr. HINCHEY, Mr. KILDEE, Mr. H.R. 4712: Mr. BRYANT. H.R. 3676: Mr. ANDREWS, Mr. EHRLICH, Mr. JACKSON of Illinois, Mr. HILLIARD, H.R. 4722: Mr. ABERCROMBIE. MANZULLO, Mr. GOODLATTE, Mr. YOUNG of Mr. BOSWELL, Mr. GREEN of Texas, H.R. 4727: Mr. SMITH of Washington, Mr. Florida, Mr. QUINN, Mr. SPENCE, Ms. Mr. BRADY of Pennsylvania, Mr. RODRIGUEZ, Mr. RAHALL, Mr. MCNULTY, Mr. MILLENDER-MCDONALD, Mr. CANNON, Mr. CAPUANO, Mr. PASCRELL, Mr. DOYLE, BALDACCI, Mr. NEY, Mr. TOWNS, Mr. PETER- BACHUS, Mr. CANADY of Florida, Mr. HAYES, Mr. HOLDEN, and Mr. GEORGE MILLER SON of Minnesota, Mr. TIERNEY, and Mrs. Mr. MOAKLEY, Ms. SCHAKOWSKY, Mr. EWING, of California): CHRISTENSEN. Mr. JACKSON of Illinois, Mrs. KELLY, Mr. H. Res. 536. A resolution expressing the H.R. 4734: Mr. METCALF. NETHERCUTT, Mrs. CAPPS, Mr. DOOLEY of sense of the House of Representatives that H.R. 4742: Mr. HILL of Indiana. California, Mr. HORN, Mr. SAXTON, Mr. the Board of Governors of the Federal Re- H.R. 4750: Mrs. MCCARTHY of New York. STEARNS, Mr. COX, Mr. DIAZ-BALART, and serve System should take action to reduce H.J. Res. 102: Mr. HUTCHINSON, Mr. Mrs. CUBIN. interest rates; to the Committee on Banking SWEENEY, and Mr. RYAN of Wisconsin. H.R. 3677: Mr. LOBIONDO, Mr. DUNCAN, and and Financial Services. H. Con. Res. 62: Mr. MEEHAN. Mr. MCKEON. By Mrs. THURMAN (for herself and Mr. H. Con. Res. 276: Mr. MCHUGH. H.R. 3798: Ms. LEE. SHAW): H. Con. Res. 322: Mr. BEREUTER and Mr. H.R. 3800: Mr. SANDLIN. H. Res. 537. A resolution expressing the HASTINGS of Florida. H.R. 3825: Ms. WOOLSEY. sense of the House of Representatives with H. Con. Res. 327: Mr. EHRLICH, Ms. MCKIN- H.R. 3844: Mr. THORNBERRY. NEY, Mr. STUMP, and Mr. LANTOS. respect to the serious national problems as- H.R. 3850: Mr. SAWYER. H. Con. Res. 348: Ms. WATERS, Mrs. sociated with polycystic kidney disease; to H.R. 3880: Mr. HILLEARY. MALONEY of New York, Ms. SCHAKOWSKY, Mr. the Committee on Commerce. H.R. 4033: Mr. YOUNG of Alaska and Ms. DEFAZIO, Mr. GUTIERREZ, Mr. GEJDENSON, KILPATRICK. f and Mr. BLUMENAUER. H.R. 4046: Ms. WOOLSEY. H. Con. Res. 350: Ms. WATERS and Mr. INS- ADDITIONAL SPONSORS H.R. 4049: Mr. ISAKSON and Mr. SHIMKUS. LEE. H.R. 4066: Mr. BLUMENAUER and Mr. BOR- Under clause 7 of rule XII, sponsors H. Res. 347: Mr. BONIOR. were added to public bills and resolu- SKI. H.R. 4100: Mrs. CHRISTENSEN. f tions as follows: H.R. 4157: Mr. FARR of California, Mr. DELETIONS OF SPONSORS FROM H.R. 61: Mr. BONIOR. DOOLEY of California, Mrs. CAPPS, and Ms. PUBLIC BILLS AND RESOLUTIONS H.R. 141: Mr. EVANS, Mr. SAXTON, and Mr. MILLENDER-MCDONALD. TIERNEY. H.R. 4211: Ms. BROWN of Florida. Under clause 7 of rule XII, sponsors H.R. 303: Mr. ORTIZ and Mr. WALSH. H.R. 4219: Mr. ENGEL, Mr. RADANOVICH, Mr. were deleted from public bills and reso- H.R. 363: Mr. OWENS, Mr. COOK, Mr. RO- UDALL of Colorado, Mr. WEINER, Mr. lutions as follows: MERO-BARCELO, and Mr. GOODE. WHITFIELD, and Mr. ROMERO-BARCELO. H.R. 1598: Mr. MCCOLLUM. H.R. 372: Mr. BACA, Mr. BRADY of Pennsyl- H.R. 4290: Mr. GEJDENSON. vania, Mrs. CAPPS, Mr. LANTOS, and Mr. H.R. 4292: Mr. SHADEGG and Mr. WELDON of f PETERSON of Minnesota. Florida. AMENDMENTS H.R. 460: Mr. DOOLITTLE, Ms. BROWN of H.R. 4320: Mr. SAXTON. Under clause 8 of rule XVIII, pro- Florida, and Ms. LEE. H.R. 4328: Mr. KOLBE. posed amendments were submitted as H.R. 531: Ms. SCHAKOWSKY and Mr. DOYLE. H.R. 4362: Mr. WYNN. H.R. 583: Mr. CANADY of Florida and Ms. H.R. 4383: Mr. MATSUI. follows: BROWN of Florida. H.R. 4410: Mr. DELAHUNT, Mr. ROMERO- H.R. 4461 H.R. 783: Mr. TIERNEY and Mr. BOSWELL. BARCELO, Mr. KENNEDY of Rhode Island, and OFFERED BY: MR. BROWN OF OHIO H.R. 904: Mr. OLVER and Mr. BAIRD. Mr. ALLEN. AMENDMENT NO. 37: Insert before the short H.R. 960: Mr. FRANKS of New Jersey. H.R. 4412: Ms. LEE. title the following title: H.R. 1116: Mr. HUTCHINSON. H.R. 4467: Mr. HILL of Indiana. H.R. 1122: Mr. BENTSEN. H.R. 4487: Ms. MCCARTHY of Missouri. TITLE IX—ADDITIONAL GENERAL H.R. 1146: Mr. SALMON. H.R. 4492: Mr. BOYD, Mr. FRANK of Massa- PROVISIONS H.R. 1311: Mr. ISAKSON. chusetts, Mr. MASCARA, Mr. TAYLOR of North SEC. 901. None of the amounts made avail- H.R. 1560: Mr. HERGER. Carolina, Mr. HOBSON, Ms. LEE, and Mr. able in this Act for the Food and Drug Ad- H.R. 1824: Mr. HINOJOSA and Mr. FOLEY. SPENCE. ministration may be expended to approve H.R. 1870: Ms. BROWN of Florida. H.R. 4502: Mr. BAKER, Mr. BLUNT, Mr. any application for a new drug submitted by H.R. 1976: Mr. BARRETT of Wisconsin and MCINTOSH, Mr. MCINNIS, Mr. BUYER, Mr. BOS- an entity that does not agree to publicly dis- Mr. ANDREWS. WELL, Mr. NUSSLE, Mr. ENGLISH, Mr. PETER- close, on a quarterly basis during the patent H.R. 2273: Mrs. MYRICK. SON of Minnesota, Mr. HILLIARD, Mr. THUNE, life of the drug, the average price charged by H.R. 2308: Mr. CALVERT. Mr. PHELPS, Mr. PICKETT, and Mrs. the manufacturer for the most common dos- H.R. 2451: Mr. DOYLE. CHENOWETH-HAGE. age of the drug (expressed as total revenues

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ACROSS-THE-BOARD PERCENTAGE RE- DUCTION. ther, That $3,000,000 may be for activities car- search being conducted by the Food and Each amount appropriated or otherwise ried out pursuant to section 512 of the Fed- Drug Administration and other Federal made available by this Act that is not re- eral Food, Drug, and Cosmetic Act with re- agencies concerning both the basic science of quired to be appropriated or otherwise made spect to new animal drugs, in addition to the food allergy and testing methodology for amounts otherwise available under this available by a provision of law is hereby re- food allergens, including a prioritized de- duced by one percent. heading for such activities:’’. scription of research needed to develop a pre- H.R. 4461 dictive testing methodology for the H.R. 4461 OFFERED BY: MR. DEFAZIO allergenicity of proteins added to foods via OFFERED BY: MR. SANFORD AMENDMENT NO. 48: Insert before the short AMENDMENT NO. 39: Insert before the short genetic engineering and what steps the Food title the following: and Drug Administration is taking or plans title the following: to take to address these needs:’’. TITLE IX—ADDITIONAL GENERAL TITLE IX—ADDITIONAL GENERAL PROVISIONS PROVISIONS H.R. 4461 SEC. 901. None of the funds appropriated or SEC. 901. Notwithstanding any other provi- OFFERED BY: MR. MILLER OF FLORIDA otherwise made available by this Act to the sion of this Act, not more than $28,684,000 of AMENDMENT NO. 43: Page 31, after line 5, in- Department of Agriculture may be used to the funds made available in this Act may be sert the following: pay the salaries and expenses of personnel used for Wildlife Services Program oper- PURCHASES OF RAW OR REFINED SUGAR who make payments to producers of wool ations under the heading ‘‘ANIMAL AND For fiscal year 2001, the Commodity Credit and mohair under section 204(d) of the Agri- PLANT HEALTH INSPECTION SERVICE’’, and Corporation shall not expend more than cultural Risk Protection Act of 2000. none of the funds appropriated or otherwise $54,000,000 for purchases of raw or refined H.R. 4461 made available by this Act for Wildlife Serv- sugar from sugarcane or sugar beets. OFFERED BY: MR. SANFORD ices Program operations to carry out the H.R. 4461 first section of the Act of March 2, 1931 (7 AMENDMENT NO. 49: Page 13, line 17, insert U.S.C. 426), may be used to conduct cam- OFFERED BY: MR. MILLER OF FLORIDA after the dollar amount the following: ‘‘(re- paigns for the destruction of wild animals for AMENDMENT NO. 44: Page 10, line 23, insert duced by $14,406,000)’’. the purpose of protecting stock. ‘‘(reduced by $54,000,000)’’ after ‘‘$850,384,000’’. Page 13, line 24, insert after the dollar Page 19, line 4, insert ‘‘(increased by H.R. 4461 amount the following: ‘‘(reduced by $20,000,000)’’ after ‘‘$470,000,000’’. $14,406,000)’’. OFFERED BY: MR. DEFAZIO Page 32, line 8, insert ‘‘(increased by H.R. 4733 AMENDMENT NO. 40: Insert before the short $5,000,000)’’ after ‘‘$676,812,000’’. OFFERED BY: MS. BROWN OF FLORIDA title the following: Page 34, line 8, insert ‘‘(increased by $3,500,000)’’ after ‘‘$83,423,000’’. AMENDMENT NO. 13: Page 33, after line 2, in- TITLE IX—ADDITIONAL GENERAL sert the following new section: PROVISIONS Page 36, line 13, insert ‘‘(increased by $10,000,000)’’ after ‘‘$41,015,000’’. SEC. 311. The Secretary of Energy shall ex- SEC. 901. Notwithstanding any other provi- Page 37, line 10, insert ‘‘(increased by peditiously conduct a program of research sion of this Act, not more than $35,636,999 of $5,000,000)’’ after ‘‘$775,837,000’’. into alternative energy resources capable of the funds made available in this Act may be Page 37, line 11, insert ‘‘(increased by mitigating United States dependence on for- used for Wildlife Services Program oper- $5,000,000)’’ after ‘‘$33,150,000’’. eign oil, and shall promote the use by the ations under the heading ‘‘ANIMAL AND Page 50, line 11, insert ‘‘(increased by Federal Government, and the development PLANT HEALTH INSPECTION SERVICE’’, and $1,000,000)’’ after ‘‘$4,067,000,000’’. and use by the private sector, of any alter- none of the funds appropriated or otherwise Page 51, line 2, insert ‘‘(increased by native energy resource the Secretary con- made available by this Act for Wildlife Serv- $5,000,000)’’ after ‘‘$6,000,000’’. siders a proven resource that is not cost-pro- ices Program operations to carry out the Page 51, line 21, insert ‘‘(increased by hibitive. first section of the Act of March 2, 1931 (7 $1,500,000)’’ after ‘‘$21,231,933,000’’. H.R. 4733 U.S.C. 426), may be used to conduct cam- H.R. 4461 OFFERED BY: MR. CAMP paigns for the destruction of wild animals for AMENDMENT NO. 14: Page 33, after line 2, in- the purpose of protecting stock. OFFERED BY: MR. MILLER OF FLORIDA sert the following new section; H.R. 4461 AMENDMENT NO. 45: Insert before the short title the following: SEC. 311. Upon the requests of an oil com- OFFERED BY: MR. KNOLLENBERG pany incorporated in the United States, or at TITLE IX—ADDITIONAL GENERAL AMENDMENT NO. 41: Strike Section 734 and the discretion of the Secretary of Energy, PROVISIONS insert as Section 734: the Secretary may enter into an arrange- None of the funds appropriated by this Act SEC. 901. None of the funds appropriated or ment with such company under which the shall be used to propose or issue rules, regu- otherwise made available by this Act to the company receives petroleum product from lations, decrees, or orders for the purpose of Department of Agriculture may be used to the Strategic Petroleum Reserve in ex- implementation, or in preparation for imple- pay the salaries and expenses of personnel change for a commitment to replace an mentation, of the Kyoto Protocol which was who issue, under section 156 of the Agricul- equal amount of petroleum product into the adopted on December 11, 1997, in Kyoto, tural Market Transition Act (7 U.S.C. 7272), Strategic Petroleum within 1 year after the Japan, at the Third Conference of the Par- any nonrecourse loans to sugar beet or sugar date of withdrawal. ties to the United Nations Framework Con- cane processors. H.R. 4733 vention on Climate Change, which has not H.R. 4461 OFFERED BY: MR. HANSEN been submitted to the Senate for advice and OFFERED BY: MR. MILLER OF FLORIDA AMENDMENT NO. 15: Page 39, after line 19, consent to ratification pursuant to article II, AMENDMENT NO. 46: Insert before the short insert the following new section: section 2, clause 2, of the United States Con- title the following: SEC. 607. No funds appropriated under this stitution, and which has not entered into TITLE IX—ADDITIONAL GENERAL Act shall be expended for the purpose of force pursuant to article 25 of the Protocol; PROVISIONS processing, granting, or otherwise moving Provided further, the limitation established forward a license, permit, or other authoriza- SEC. 901. None of the funds appropriated or in this section shall not apply to any activ- tion or permission for the interim storage of otherwise made available by this Act to the ity otherwise specifically authorized by law. spent nuclear fuel, low-level radioactive Department of Agriculture may be used to waste, or high-level radioactive waste on any H.R. 4461 pay the salaries and expenses of personnel in reservation lands of the Skull Valley Band of OFFERED BY: MR. KUCINICH fiscal year 2001 to store, maintain, market, Goshute Indians. AMENDMENT NO. 42: Page 58, line 4, insert transport, donate, or otherwise dispose of after the colon the following: ‘‘Provided fur- raw or refined sugar that has been purchased H.R. 4733 ther, That $500,000 is available for the pur- by the Secretary of Agriculture or the Com- OFFERED BY: MR. NEY pose of drafting guidance for industry on modity Credit Corporation in excess of quan- AMENDMENT NO. 16: Page 20, line 8, after how to assess genetically engineered food tity of raw or refined sugar so purchased dur- the dollar amount insert ‘‘(reduced by products for allergenicity until a predictive ing fiscal year 1999. $3,000,000)’’.

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Page 20, line 5, after the dollar amount in- H.R. 4733 SEC. 607. None of the funds provided by this sert ‘‘(reduced by $3,000,000)’’. Act may be used for travel expenses incurred OFFERED BY: MR. STEARNS by the Secretary of Energy or the Deputy Page 33, line 13, after the dollar amount in- Secretary of Energy before January 20, 2001, sert ‘‘(increased by $3,000,000)’’. AMENDMENT NO. 17: Page 39, after line 19, insert the following new section: other than for official business conducted be- fore the Congress.

VerDate Aug 04 2004 10:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\BR00\H27JN0.004 H27JN0 June 27, 2000 EXTENSIONS OF REMARKS 12645 EXTENSIONS OF REMARKS

TRIBUTE TO THE LATE ANNE an international trading, consulting and export First, the NIH’s CancerNet website contains SPERRY RULE management company with branches in Leb- a comprehensive page on melanoma including anon, Syria, Cyprus, and the United Arab information on early detection, symptoms, di- HON. MARK FOLEY Emirates. Through his guidance and vision, agnosis, and treatment. CancerNet also ad- OF FLORIDA the company has mastered the art of devel- dresses genetics, risk factors, and prevention IN THE HOUSE OF REPRESENTATIVES oping mutually beneficial business partner- so that sun worshipers will be able to protect ships in the world economy. themselves early and properly. You can find Tuesday, June 27, 2000 Nicola has been honored by many different CancerNet at http://cancernet.nci.nih.gov/can- Mr. FOLEY. Mr. Speaker, this Friday, June organizations for his hard work and dedication cerltypes/melanoma.shtml. 30, 2000, the ashes of Anne Sperry Rule will to international commerce, but his church and Second, the CDC sponsors the ‘‘Choose be laid to rest with her late husband, Col. community involvement are his most reward- Your Cover’’ Campaign—a skin cancer pre- Richard Rule, in a ceremony at Arlington Na- ing duty. His civic interests range from state, vention initiative aimed at children and young tional Cemetery. local and national politics to philanthropic as- adults. This program uses education materials, Anne was an overly dedicated, respected sociations and Arab-American groups. He is, brochures, posters, and public service an- and well loved member of her community. of course, deeply involved in his church. A life nouncements to remind young Americans that Anne would not want us to be sad or to suffer member of the Order of St. Ignatius, he has they can have fun in the sun and still be safe. from her loss. Rather, she would want us to served as a member of the Board of Trustees For more information on this campaign, see cherish our memories of her and celebrate her of the Antiochian Orthodox Christian Arch- the CDC website at http://www.cdc.gov/ life. diocese of North America for the past 11 ChooseYourCover. Anne’s daughter, Cathi, will read the fol- years. Currently Nicola is a member of St. As we head to the beaches and outdoors lowing poem on Friday which serves as a George Antiochian Orthodox Church in Troy, over this 4th of July recess, I appeal to all my message for us all. MI, and is a founding member of St. Paul colleagues to learn more about melanoma by reviewing these websites and to educate their TO THOSE I LOVE AND THOSE WHO LOVED ME Antiochian Orthodox Church in Naples, FL. Few have achieved the same success in life families and constituents about the ways to When I am gone, release me, let me go— as Nicola Antakli has. Fewer still have dedi- I have so many things to see and do. prevent this horrible disease. You mustn’t tie yourself to me with tears. cated so much of the energy and resources of In closing, I want to thank Terry for bringing Be happy that we had so many years. that success to the betterment of others. I am this important issue to my attention. Terry put I gave you my love, you can only guess proud to know Nicola Antakli and to consider aside his grief so that others will not suffer as How much you gave to me in happiness. him a friend. I understand the devotion and he has. He is a brave young man and de- I thank you for the love you each have sense of civic responsibility that one must serves to be recognized. I am proud for this shown, have in order to receive an Antonian Gold opportunity to do so. But now it’s time I traveled on alone. Medal Award, and I ask each of you join me And, finally, on Terry’s behalf, I encourage So grieve a while for me if grieve you must, in recognizing this remarkable achievement. you all to ‘‘Choose Your Cover.’’ Then let your grief be comforted by trust. It’s only for a while that we must part. f f So bless the memories within your heart. HONORING TERRY KRAEMER, JR. HONORING TOM ARCHER I won’t be far away, for life goes on. So if you need me, call and I will come. Though you can’t see or touch me, I’ll be HON. HOWARD P. ‘‘BUCK’’ McKEON HON. GEORGE RADANOVICH near— OF CALIFORNIA OF CALIFORNIA And if you listen with your heart, you’ll hear IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES All of my love around you soft and clear. Tuesday, June 27, 2000 Tuesday, June 27, 2000 And then, when you must come this way alone, Mr. MCKEON. Mr. Speaker, today I com- Mr. RADANOVICH. Mr. Speaker, I rise I’ll greet you with a smile and ‘‘Welcome mend a young constituent of mine for his in- today to honor Tom Archer for a lifetime of Home.’’ sightful letter. public service. Today he retires from years of f Terry Kraemer, Jr., of Palmdale, CA, sent serving the citizens of Mariposa County as the me a very thought provoking letter about the Human Services Director. RECOGNITION OF NICOLA M. recent death of his father, Terry Kraemer, Sr., Tom’s academic endeavors have taken him ANTAKLI RECEIVING THE due to melanoma. His letter recounted how his to some of our nation’s top universities. He re- ANTONIAN GOLD MEDAL AWARD father endured a painful death as his skin can- ceived a Bachelor’s degree in Social Science cer traveled from a small mole on his leg to from the California State University, HON. DAVID E. BONIOR his lymph system and then to other vital or- Stanislaus, a Master’s degree in Political OF MICHIGAN gans. Science from the University of California, IN THE HOUSE OF REPRESENTATIVES He also told me about how his father served Berkeley, and a Master of Social Work degree his community as a Boy Scout leader, a coun- from West Virginia University. He is currently Tuesday, June 27, 2000 seling intern, and as a ‘‘father figure’’ for many a Ph.D. candidate at the University of Cali- Mr. BONIOR. Mr. Speaker, on June 9th of of the children in the neighborhood. fornia, Davis. this year, His Eminence Metropolitan Philip In his dad’s memory, Terry wrote to me to Not only is Tom an accomplished scholar, Saliba visited my home State of Michigan in ask that Congress place a special emphasis he is also a compassionate social worker and order to present a very prestigious award to on finding a cure for melanoma and on edu- an American soldier. Tom served in the United Nicola Antakli. The Antonian Gold Medal cating other Americans, so they will not suffer States Navy, and has served as Director of Award is the highest honor the Antiochian Or- as Terry’s family has suffered. the Central Valley Regional Center in Merced, thodox Christian Archdiocese of North Amer- His letter compelled me to find out what the California, as Council Member and Mayor Pro ica can bestow upon a member. federal government is doing to prevent this Temp of the City of Merced, and most recently Born in Homs, Syria, Nicola Antakli came to devastating disease. I was pleased to see that as Human Services Director for the County of the United States as a student in 1955. After both the National Institutes of Health (NIH) Mariposa. establishing Middle East/African operations for and the Centers for Disease Control (CDC) Tom has spent his lifetime dedicated to an auto company, he founded Intraco Corp., have extensive programs on melanoma. sound community planning, managed growth,

● 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 Aug 04 2004 10:58 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E27JN0.000 E27JN0 12646 EXTENSIONS OF REMARKS June 27, 2000 and intergovernmental relations in diverse consumers’ general Internet use. This fictitious the 13th district that has become widely pop- communities throughout the country. He has bill—sponsored by the equally fictitious Rep- ular and enormously successful. The Fremont served selflessly and strengthened every com- resentative Schnell—allegedly aimed to im- Festival of the Arts, sponsored by the Fremont munity he has touched with his longstanding pose new fees on Internet use. Chamber of Commerce, will continue for this, interest in extending social and cultural pro- The bill that the House approved however, its 17th year. grams to all citizens. didn’t technically prohibit access charges on This festival attracts over 400,000 attendees Mr. Speaker, I want to congratulate Tom Ar- the Internet—the bill only prohibits access and will feature more than 750 artists, 40 cul- cher on his achievements and thank him for charge fees that would support universal serv- inary selections and 20 bands. This efforts is his dedication to our communities. I ask my ice. It did not prohibit per minute access underwritten by the Fremont Chamber of colleagues to join me in wishing Mr. Archer charges that could be assessed by local Commerce and made possible by over 300 many more years of continued success. phone companies for recovering access costs volunteers who give willingly of their time for f that did not go into any universal service sup- the betterment of our community. port mechanism. Most shocking, however, is It takes generous and concerned individuals INTERNET TELEPHONY ACCESS the fact that the bill includes a legislative like those volunteers to reach out and make a CHARGE PROHIBITION ACT OF 2000 ‘‘green light’’ to the FCC to support per minute difference, ensuring promise and opportunity fees on internet telephone calls by specifically for this and future generations to enjoy. The HON. EDWARD J. MARKEY exempting IP telephony from H.R. 1291’s (al- spirit of community service is alive and thriving OF MASSACHUSETTS beit incomplete) access charge prohibition. in Fremont, as in many communities through- IN THE HOUSE OF REPRESENTATIVES This big ‘‘legislative wink’’ that the bill’s sup- out our nation. The City of Fremont has re- Tuesday, June 27, 2000 porters give to the FCC, i.e., to look at access cently been recognized as an All-American charges on Internet telephony providers may City, an honor which was also promoted by Mr. MARKEY. Mr. Speaker, I rise today to accelerate and embolden efforts by local the Fremont Chamber of Commerce. introduce legislation to permanently prohibit phone companies to pressure the FCC into I am indeed proud to salute the efforts of ‘‘per minute,’’ or time sensitive, access permitting local phone companies to assess the organizers of the Fremont Festival of the charges on Internet telephone calls. Mr. per minute charges on IP telephony providers. Arts for making my district a better place in Speaker, telephone calls over the Internet— Congress should not, in my view, be expressly which to live. I particularly would like to com- often referred to as ‘‘IP telephony’’ or ‘‘VOIP and overtly exempting Internet telephone calls mend the efforts of David M. O’Hara, the vol- (voice over Internet protocol)’’—has a bright from the current access charge exemption. unteer Chairman of the Festival for his gen- future for telecommunications competitors and Moreover, my legislation to close the IP erous and untiring efforts on behalf of my con- consumers but only if we succeed in treating telephone exemption contained in H.R. 1291 stituents. it from a regulatory standpoint in a way that is would also mitigate against the creation of a f consistent with the flat rate nature of the Inter- potentially huge privacy issue. Who is going to PERSONAL EXPLANATION net itself. monitor your Internet usage to see which of The legislation I am introducing today pre- your bits are email bits, which are websurfing vents per minute access charges on the pro- bits, and which are bits representing telephone HON. PATRICK J. KENNEDY viders of Internet telephone service. This pro- calls? OF RHODE ISLAND hibition would cover any per minute access The bill I introduce today is designed to IN THE HOUSE OF REPRESENTATIVES charges irrespective of whether such access remedy this situation. It is based upon the Tuesday, June 27, 2000 charges are levied for the purpose of universal amendment that I offered in the House Com- Mr. KENNEDY of Rhode Island. Mr. Speak- service funding or for any underlying cost of merce Committee to prohibit the FCC from au- er, on June 26, 2000 I was unavoidably de- providing such access. thorizing per minute charges on Internet te- tained and consequently missed one vote, roll- A little history of how we got here I believe lephony. I believe we need to safeguard the call 326. Had I been here I would have voted is important. Back in the late 1980s, the flat rate nature of the Internet for consumers. ‘‘no’’ on the passage of H.R. 4690. Reagan FCC was poised to abandon the ac- Mr. Speaker, I hope my colleagues in the cess charge exemption that so-called ‘‘en- House will look favorably upon this policy. f hanced service providers’’ such as Prodigy f PERSONAL EXPLANATION and Compuserve had enjoyed. I convened hearings as then-Telecommunications Sub- PERSONAL EXPLANATION committee Chairman to battle any per minute HON. LEONARD L. BOSWELL access charge on this nascent information in- OF IOWA HON. ALBERT RUSSELL WYNN IN THE HOUSE OF REPRESENTATIVES dustry. At a Boston field hearing in October of OF MARYLAND 1987, I argued to the Chairman of the FCC Tuesday, June 27, 2000 IN THE HOUSE OF REPRESENTATIVES that it was vital to nurture and foster the devel- Tuesday, June 27, 2000 Mr. BOSWELL. Mr. Speaker, I was unavoid- opment of this new industry and that the re- ably detained while en route from Iowa back sulting rate shock from per minute fees would Mr. WYNN. Mr. Speaker, on June 21, 2000 to Washington yesterday afternoon. Due to an destroy the economic base of the information through June 23, 2000, I missed rollcall votes aircraft mechanical problem, I missed rollcall providers. I was greatly concerned that the number 298 through 321, due to the death of vote No. 322, the Sanford amendment. Had I FCC proposal would put this exciting service my father, Albert F. Wynn. Had I been present been present, I would have voted ‘‘no.’’ I also out of reach financially for millions of con- I would have voted ‘‘no’’ on rollcall votes 299, missed rollcall vote No. 323, the Olver amend- sumers. 302, 303, 305, 306, 307, 308, 309, 310, 311, ment. Had I been present, I would have voted Successfully defeating that Reagan FCC 312, 313, 314, 321 and ‘‘aye’’ on votes 298, ‘‘yea.’’ Finally, I also missed rollcall vote No. proposal was one of the key decisions in the 300, 301, 304, 315, 316, 317, 318, 319 and 324, the Hostettler amendment. Had I been development of the Internet. In other words, it 320. present, I would have voted ‘‘yea.’’ was not by accident that the Internet has de- f f veloped largely as a flat rate medium, it was by design—but not without a battle. RECOGNIZING THE FREMONT RECOGNIZE THE CENTENNIAL OF Recently, the House of Representatives ap- FESTIVAL STAMFORD, TEXAS proved a bill (H.R. 1291) that purportedly was crafted to address a ‘‘threat’’ that Congress or HON. FORTNEY PETE STARK HON. CHARLES W. STENHOLM the FCC was going to impose access charges OF CALIFORNIA OF TEXAS on the Internet. No such threat exists. Never- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES theless many Members of Congress had re- ceived letters—generated by rumors on the Tuesday, June 27, 2000 Tuesday, June 27, 2000 Internet—about a bill that would impose a Mr. STARK. Mr. Speaker, I would like to Mr. STENHOLM. Mr. Speaker, I rise today ‘‘modem tax,’’ or a per minute fee, on email or take this opportunity to recognize an event in with a great deal of Texas pride to recognize

VerDate Aug 04 2004 10:58 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E27JN0.000 E27JN0 June 27, 2000 EXTENSIONS OF REMARKS 12647 the Centennial of my hometown, Stamford, was plotted and the principal streets were to Abilene and the name changed to Texas. named McHarg and Swenson, thus beginning McMurry University. On June 30, 2000, citizens in this small the town of Stamford. The first train came In early Spring of 1930, a small group of West Texas town will gather to celebrate this over the new extension on February 11, 1900. Stamford men organized the Texas Cowboy In the spring of 1900, the construction of Reunion as an annual rodeo and reunion of event. Founded by owners of the SMS the historic Stamford Inn was begun. It was cowboys and ranchers of the area which Ranches and the President of the Texas Cen- formally opened in February 1901, operated would help boost the local economy, as well. tral Railway, Stamford will honor the Centen- by the Townsite Company, under the direc- Staged each year during the Fourth of July nial with the unveiling of a large sculpture tion of W.E. Gunnig. Destroyed by fire in weekend, the Texas Cowboy Reunion, known made of steel that depicts a mounted cowboy 1924, the motel was rebuilt and purchased by as the World’s Largest Amateur Rodeo, con- meeting the railroad. The sculpture acknowl- A.C. Cooper, and in the 1930’s, 40’s and 50’s tinues to entertain approximately 25,000 each edges the two industries—agriculture and rail- became a well-known hotel for travelers, year. In 1950, Paint Creek, north of Stamford, ways—that contributed to the City’s founding. visitors and railroad workers. The Stamford Inn was sold in the mid 40’s and was a retire- was damned to enable Stamford to have a Citizens will also place items into a time cap- ment home until the mid 70’s. lake with an adequate water supply. Today sule that will be opened at the Bicentennial. Most of Stamford’s early operatives were the lake is a popular recreational area for I wish to include in the RECORD a brief his- established by the Townsite Company. The boating, camping and fishing. tory of the City. In addition, I want to include electric light plant was installed in 1900. Today, the railroad which played such a an excellent article by Stamford native Ron This was later disposed of to the Stamford large role in the development of Stamford Calhoun that appeared in the June 2000 issue Gas and Electric Company in 1907 and still one hundred years ago, is no more. The Bur- of Texas Co-Op Power. later was acquired by the West Texas Utili- lington Northern Railroad (final proprietor I know that many of my colleagues join me ties, still operating the City. of the line) abandoned the track in the late 1990s. in congratulating Stamford on this important Stamford’s first chamber of Commerce was established a few days after the town started However, cotton, cattle and wheat con- occasion. as the old Commercial Club with Penick as tinue to be among the town’s leading indus- THE CITY OF STAMFORD president. try with Swenson Land and Cattle Company The City of Stamford was established The town was incorporated on January 24, still in operation and headquartered in through the combined influence of the own- 1901, and P.P. Berthelot, secretary and busi- Stamford. ers of the SMS Ranches and the Texas Cen- ness manager of the Townsite Company was tral Railroad. elected as the first mayor. [From the Texas Co-op Power, June 2000] Svante Magnus Swenson, who immigrated In 1903, city fathers built a two-story STAMFORD CENTENNIAL CELEBRATION—THE from Sweden in 1836, bought 100,000 acres of building in the middle of the downtown SAGA OF THE SWENSONS West Texas land, sight-unseen from railroad square. The first floor served as City Hall scrip which included portions of Jones, and the second floor was an Opera House. (By Ron Calhoun) Throckmorton, Shackelford, Haskell and R.L. Penick had been elected mayor just Out in the wide open spaces between Abi- Stonewall Counties. prior to the construction. lene and Wichita Falls, a traveler hardly no- Until 1882, because of the threat of Indian In 1917, the U.S. government purchased the tices Stamford anymore—not since Highway depredation, isolation and lack of operating land to build a new Post Office. The City 277 bypassed the town square a few years capital, the ranch land lay unused. It was at Hall was torn down and rebuilt in it’s exist- ago. Unfortunately, it has gone the way of that time, after receiving word that Texas ing location at the corner of Wetherbee and other small West Texas towns in loss of pop- was imposing taxes on land, that Swenson McHarg Streets. ulation and businesses. But Stamford still decided to bring his two sons, Eric Pierson Agriculture was the primary industry. The takes pride in its history in the settlement (E.P.) and Swen Albin (S.A.) to Texas to Swenson’s Hereford cattle herd combined of the area. begin utilizing the family’s vast holdings in with other area ranches were a huge boost to Stamford celebrates its centennial this West Texas—thus beginning the SMS the economy. Additionally, cotton was the year, and no family had more to do with the Ranches. primary crop in the area. In 1905, a world- founding of the town and development of the The Swenson Brothers realized that a rail- record 40,000 bales were shipped from the area’s economy than the Swenson family, road in their area was a necessity. In 1899, a area. one of the most remarkable ranching fami- meeting of the Swensons and Henry McHarg, Another factor for growth was the building lies in Texas. The visionary family donated president of the Texas Central Railway, re- of other railroads through Stamford. In 1907, the land on which Stamford was built, re- sulted in the extension of the line from Al- the Texas Central extended its rails 40 miles cruited fellow Swedes to settle the area and bany, Texas, and the beginnings of a new west to Rotan and the Wichita Valley Rail- helped develop modern ranching techniques. townsite. The Swensons gave every other lot road reached Stamford, linking Wichita Swante Magnus (S.M.) Swenson left Swe- in the new townsite to the railroad, which Falls and Abilene. The Stamford North- den at 22 and arrived penniless in Galveston was laid out on ranch property. western Railway Company was chartered in in 1838. He was the first Swede in Texas and McHarg named the new town Stamford 1909 and the railroad was built from Stam- destined to lead many others from his native after his hometown of Stamford, Con- ford to Spur. Swenson Cattle company was a land to settle in the Lone Star State. necticut. It was also the hometown of large stockholder in this railroad and they Swenson, a resourceful, ambitious man, Eleanora Swenson Towne, a daughter of S.M. built cotton gins for the farmers along the didn’t take long to overcome tough cir- Swenson. route. By 1915, approximately twelve pas- cumstances. Knowing no English, he talked The first building in Stamford was opened senger trains were departing from Stamford his way into a $15 a month job at a mer- on January 8, 1900. Robert Lee Penick had and many wholesale houses were opened to cantile business in Columbia, Texas’ first the building moved from Anson to the site accommodate business in the area. capital. Shortly afterward, he was selling for the new town. Stamford’s early religious, cultural and goods out of a wagon among the plantations Penick had arranged with P.P. Berthelot, educational life was not neglected. Churches of the Stephen F. Austin Colony and shortly manager of the townsite company, for cer- were especially deemed desirable additions after that he was managing, then buying tain lots to be established by the first busi- to the community by the Townsite orga- plantations. ness establishment. Sale of lots had not offi- nizers who donated plots to each denomina- Swenson headed to Austin, the new state cially begun, but Berthelot assured Penick tion. In fact, Cumberland Presbyterian capital, in 1850 and became a close friend of that he could have the lot if he were willing Church (later re-named Central Pres- Sam Houston and other Texas leaders of the to take on possible change of price, since byterian) was organized prior to the actual day. He was put in charge of such important they had not yet been determined. A small beginning of the town, on September 3, 1899. matters as furnishing the new governor’s frame structure, the house was set into place St. John’s United Methodist church and the mansion and determining how to finance on that site and a sign tacked on the front of First Baptist Church were both organized in state and local government. the building reading, ‘‘The Bank of Stam- 1900 followed by the Christian Church and He quickly became the biggest land dealer ford.’’ The first deposit was 15 cents and was the West Side Baptist Mission. in Texas, retaining for himself 100,000 acres made by Nathan Leavitt, Stamford’s first Stamford’s first school was built on Moran in unsettled northwest Texas—land he main- postmaster. Just one week later, J.S. Mor- Street with Professor Coss Rose as the first ly obtained from railroad companies that row of Anson opened up a second bank, the superintendent. Citizens subscribed $4,000 for were granted millions of acres by the state Morrow-Lowden. the erection of the building. to extend their lines into the interior. Additional lots were sold on January 15. In 1906, twenty acres was donated by the But Swenson would never live in West Penick-Colbert-Hughes and Baker-Bryant Townsite Company to establish Stamford Texas. An abolitionist, he fled to Mexico dur- were two of the firms to buy lots. Leavitt College. A fire in 1916 destroyed the adminis- ing the Civil War and afterward moved to bought a lot for the post office. The town tration building and the college was moved New York City with his family. He leased his

VerDate Aug 04 2004 10:58 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR00\E27JN0.000 E27JN0 12648 EXTENSIONS OF REMARKS June 27, 2000 acreage to his sons Eric and Albin. They also The Swensons built the Stamford Inn to The ranches were divided and much of the lived on the East Coast, but distance didn’t accommodate cattle buyers and other visi- acreage has been sold. discourage them from forming an ambitious tors. Known as the ‘‘high bosses,’’ the aloof Bruce Swenson of Dallas still owns the Texas ranching operation known as Swenson and reserved Swenson brothers visited Stam- Flat Top and Throckmorton ranches. His Brothers. They started by fencing 50,000 ford only occasionally. They wore derby hats great-grandfather, S.M., died in 1896, but his acres east of what today is Stamford and and toured the ranches in Model T Fords. legacy lives on in the famed SMS brand stocking the acreage with quality cattle and The Swensons also founded the town of Spur (with the S’s turned backward). horses. in Dickens County, the site of which was On June 30, Stamford will celebrate its part of the Espuela Land & Cattle Co. and its centennial with a parade, a hamburger cook- Those 50,000 acres eventually were sold off 438,000 acres, which they’d purchased. out and the dedication of a monument. And, to Swedish immigrants encouraged by the In 1926, the firm became the Swenson Land as it has for the past 70 years, the town will Swensons to come to Texas. A community & Cattle Co. Much of the Espuela acreage throw its annual Texas Cowboy Reunion called Ericsdahl was formed, landmarked was sold over the years, and today hundreds (July 1–4), the world’s largest amateur rodeo, today by a beautiful Lutheran Church. Many of farmers and small ranches in the Stam- complete with working cowboys, a parade, Swedish immigrants worked as cowboys for ford-Spur area trace their original land ti- an old timers reunion, a ball, a western art the Swensons; others prospered by farming, tles to Swenson land. show and real chuckwagon food. (For infor- and later by the discovery of oil on their The Swensons were to become even mation, call Gary Mathis or Beverly land. wealthier when oil was discovered on their Swenson at the Swenson Ranches office at The Swensons bought more and more land. land. They used the profits for water devel- (915) 773–3614.) Eventually their holdings included the opment and pasture improvements that were The Swenson record is finely detailed in a Throckmorton Ranch (106,000 acres); the Flat widely copied. Their firm had such a good book by Mary Whatley Clarke, a Palo Pinto Top Ranch (41,000 acres) adjacent to Stam- reputation for management that one of their native and journalist. Published in 1976, it’s ford; and the Tongue River Ranch (79,000 top employees, Clifford B. Jones, was named titled The Swenson Saga and the SMS acres) in King, Motley and Dickens counties. president of Texas Tech in 1938. Ranches. Partly based on Gail Swenson’s In 1898, the Swensons donated land for the But, alas, the Swenson Land & Cattle Co. master’s thesis at the University of Texas Stamford townsite, giving every other lot to is no more. It died in a Dallas law office in and conversations Clarke had with the last Texas Central Railroad to entice the com- 1978. Like many other famous ranching em- of the Swenson managers, it is the story of pany to extend lines from Albany. The rail- pires in Texas, it fell victim to heirs who an astute, risk-taking family that helped road reached Stamford on February 11, 1900. could not agree on the company’s future. make Texas the great state that it is today.

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