[Congressional Record (Bound Edition), Volume 145 (1999), Part 6]
[Issue]
[Pages 7835-8006]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 7835]]


             CONGRESSIONAL RECORD 

                United States
                 of America


April 29, 1999


           HOUSE OF REPRESENTATIVES--Thursday, April 29, 1999

  The House met at 10 a.m.
  The Chaplain, Reverend James David Ford, D.D., offered the following 
prayer:
  We know that in our prayers we can speak to You, O God, with any 
words we wish and with any thoughts we care to think. Give us boldness 
and honesty in our prayers so that we truly speak what is in our 
hearts. And give us wisdom in our minds so that in all things we may do 
justice, love mercy, and ever walk humbly with You. This is our earnest 
prayer. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER. Will the gentleman from Texas (Mr. Green) come forward 
and lead the House in the Pledge of Allegiance.
  Mr. GREEN of Texas led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                      ANNOUNCEMENT BY THE SPEAKER

  The SPEAKER. The Chair will entertain 10 one-minutes on each side.

                          ____________________




                       NEVADA TRAVEL AND TOURISM

  (Mr. GIBBONS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GIBBONS. Mr. Speaker, today on behalf of the great State of 
Nevada, I would like to personally thank the travel and tourism 
industry because of its lasting partnership and patronage.
  Nevada ranks sixth in both direct domestic and international travel 
spending among all 50 States. Total travel expenditures in Nevada 
exceed $17 billion, travel payroll climbed well over $5 billion, and it 
employed more than 307,000 people.
  To this effect I would like to specifically recognize the Grand 
Canyon Air Tour Industry which has served southern Nevada and the Grand 
Canyon for more than 70 years. This service provides enjoyment to over 
800,000 passengers annually, of which 30 percent are over the age of 
50, to the outstanding air tours of the Grand Canyon, truly one of 
America's most treasured sites.
  Without the Grand Canyon tour industry, many handicapped would never 
be able to enjoy the deep, colored canyons or the magnificent raging 
Colorado River.
  Again on behalf of my constituents and the many tourists who visit 
southern Nevada, thank you for your economic contributions and your 
continued steadfast service.

                          ____________________




             HOUSE SENDS TERRIBLE MESSAGE REGARDING KOSOVO

  (Mr. GREEN of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. GREEN of Texas. Madam Speaker, I was elected to Congress 6 years 
ago and I came to Washington to work on health care and education for 
our children. But yesterday was one of the worst days I have served in 
26 years of elected office. What a terrible message this House sent 
yesterday to our men and women serving our country in the Balkan 
conflict. The quote I heard ``taking ownership of this war'' by my 
Republican colleagues should be unacceptable, not only to myself but 
the American people. Our country's finest young men and women serving 
our Nation deserve more than politics as usual on this floor of the 
House. This reminds me of World War II when my Republican colleagues 
referred to World War II as ``Mr. Roosevelt's war.''
  Please put your hatred aside for this President and realize that this 
conflict was not started by Bill Clinton, it was started by Serbia's 
murderers of civilians, and it was started by our commitment to NATO 
and to our allies who have protected us for 50 years from communism. 
Now your hatred of Bill Clinton is giving hope to our Nation's enemies 
who are trying to shoot down our men and women literally as we stand 
here today.
  Please think and reflect on your action because our service people 
are in harm's way.

                          ____________________




                     ON ORIOLES-CUBA BASEBALL GAME

  (Ms. ROS-LEHTINEN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Ms. ROS-LEHTINEN. Madam Speaker, it is ironic that as NATO forces are 
bombing the Butcher of the Balkans, the Clinton administration is 
cozying up to the Butcher of the Caribbean, Cuba's Fidel Castro.
  In the aftermath of the tragedy in Colorado as we search for answers 
and discuss role models and values, it is ironic that the United States 
is preparing to play ball with the regime that violates the human 
rights and civil liberties of its people.
  Monday's game between the Baltimore Orioles and the Cuban team will 
send a message to our children that America's pastime can also be an 
instrument for dictators; that money, power and individual interests 
are more important than freedom and democracy for the oppressed people 
of Cuba.
  The May 3rd game, as the one played in Cuba, will be a political and 
public relations home run for Fidel Castro but it will be a strikeout 
for political prisoners, for human rights dissidents and the Cuban 
people as a whole.
  Let us send the right message to our young people and to the 
international community as a whole that the U.S., its institutions and 
its symbols will not be accessories to the crimes committed by the 
Castro regime and that we will not be manipulated into covering up 
those crimes.

                          ____________________




   PRESIDENTIAL ASSAILANT JOHN HINCKLEY VACATIONS ON TAXPAYER DOLLARS

  (Mr. TRAFICANT asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. TRAFICANT. Madam Speaker, John Hinckley shot President Reagan 
with intent to kill. He was acquitted by reason of insanity and 
confined to a hospital where after a routine search they found 
correspondence between Hinckley and mass murderers Charles Manson and 
Ted Bundy.
  But despite all of this, a Federal judge ruled that Hinckley is not 
an inmate, that Hinckley is a guest and is thus entitled to supervised 
leave privileges.
  Beam me up. Is it any wonder what is happening to our society? 
Hinckley, who shot the President with intent to kill, is now enjoying 
weekends in the country. What is next, Disney World?
  I yield back the tragic ordeal of James Brady and the two policemen 
also shot by this bum now vacationing on taxpayer dollars.




                          ____________________


[[Page 7836]]


                       GEORGIA TRAVEL AND TOURISM

  (Mr. DEAL of Georgia asked and was given permission to address the 
House for 1 minute.)
  Mr. DEAL of Georgia. Madam Speaker, I rise today to pay tribute to 
the travel and tourism industry in my State of Georgia and in my Ninth 
District. It is an industry that contributes some 190,000 jobs in my 
State.
  My district is blessed to be the home of Lake Lanier which is the 
most visited Corps of Engineers lake in the United States and has some 
$2 billion of economic impact annually. We also have some 750,000 acres 
of the Chattahoochee National Forest.
  The Appalachian Trail begins at Springer Mountain in my district and 
ends some 2,100 plus miles later in Maine.
  We also have the Etowah Indian Mound and the Tallulah Gorge State 
Park. And in Dahlonega, Georgia, the first actual gold rush in our 
country was ignited there in 1828. The gold museum there is the second 
most visited museum in our State.
  We also have the Chickamauga-Chattanooga National Battle Park which 
is the first military park in our Nation that celebrates the fact that 
it was a bloody 2 days in which over 35,000 men were either killed, 
wounded or missing. We have visitors that come from all over the world 
to visit that park.
  A number of other attractions include our Prater's Mill, Chief Vann 
House and others. It is absolutely the reason why the tourism industry 
is referred to as America's largest services export.

                          ____________________




       U.S. ROLE IN KOSOVO TURNED INTO PARTISAN POLITICAL CONTEST

  (Mr. MENENDEZ asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. MENENDEZ. Madam Speaker, yesterday Republicans turned the 
question of ethnic cleansing, NATO's future and America's role in the 
world into a partisan political contest. Well over 30 Republican 
Members switched their votes from supporting the air strikes to ending 
the conflict yesterday so that they could vote against President 
Clinton.
  Now, after having voted in a way that is totally inconsistent and 
having voted, some of them actually voted to not only not withdraw the 
troops in Campbell I and then not to declare war and then they voted at 
the end not to support the President's air campaign to end the ethnic 
cleansing, to end the genocide, they want to load the appropriations 
bill that the President proposes to try to sustain our troops in the 
field and take it from $6 billion to $12 billion, all of it coming from 
Social Security.
  It is inconceivable to be spending twice the amount the President 
asked for when you are not even willing to vote to stop the ethnic 
cleansing in Kosovo. It is outrageous and it cannot be tolerated.

                          ____________________




    SALUTING UNIONVILLE HIGH SCHOOL'S ``MAKE A DIFFERENCE'' PROGRAM

  (Mr. PITTS asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Madam Speaker, last week I visited a high school in my 
district that was a great encouragement to me in the aftermath of the 
horrible tragedy in Littleton, Colorado.
  As I met with several English honors classes at Unionville High 
School in Pennsylvania, I witnessed presentations by students who 
shared the results of community service assignments called ``Make A 
Difference'' projects. From planting trees to stream clean-up, to 
adopting a needy family, raising money to pay utility bills for a poor 
family, these kids did it all. Volunteering with school tutoring, 
helping a Salvation Army food bank, even sharing the joy of music with 
seniors at a nursing home, all of these activities gave the students a 
new perspective.
  I listened to these thoughtful, well-organized and poised 
presentations about the lessons these students learned and the benefits 
of giving themselves to help others.
  There are many wonderful people across this Nation who are making a 
difference in our neighborhoods, including students. We need to 
continue to praise our kids and teachers and remind them of the 
importance of their contributions to our communities.
  Thank you, Unionville High School, Mrs. Sheeler and students. Keep it 
up.

                          ____________________




                    AN INFAMOUS MOMENT IN THE HOUSE

  (Mr. LEVIN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. LEVIN. Madam Speaker, last night's vote failing to support the 
NATO air campaign against Milosevic was an infamous moment in this 
House. The majority proclaims its support for the troops but will not 
support what the troops are now risking their lives to do. The majority 
wants to double appropriations for an effort most of them apparently 
oppose. What is left for bipartisanship when the Republican majority 
will not use it in times as these? For them, there seems no water's 
edge. They mock the memory of that great Republican Senator from my 
home State, Arthur Vandenberg.

                          ____________________




                  TOO MANY MISSIONS, TOO FEW RESOURCES

  (Mr. SCHAFFER asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. SCHAFFER. Madam Speaker, our military problem is simple: too many 
missions, too few resources. This administration adds new missions 
every year and then gives the Pentagon fewer resources to accomplish 
them. And then to add insult to injury, our own continent remains 
vulnerable to a ballistic missile attack. A national missile defense 
system remains unbuilt, sacrificed on the altar of arms control. 
Instead of an America safe from a missile attack, we have a contract, a 
piece of paper with a country that no longer exists, the Soviet Union. 
That piece of paper, known as the ABM Treaty, does not keep America 
safe. It cannot protect us from the evil designs of Osama bin Laden, 
Saddam Hussein and other world troublemakers who hate America and 
despise the very liberty we represent.
  Tyrannical regimes cannot abide the idea of liberty. The existence of 
liberty is a threat to the power of the despots, tyrants and dictators.
  Meanwhile, as the world becomes a dangerous place, our military is 
ignored and a national missile defense system is rejected. This is the 
path of dangerous folly.

                          ____________________




                      HOUSE VOTES REGARDING KOSOVO

  (Mr. POMEROY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. POMEROY. Madam Speaker, there is a vile partisanship in this 
Chamber. We may have a new Speaker, but make no mistake about it, we 
have the same utterly dysfunctional leadership that saw us through 
government shutdowns and that made a partisan mockery out of the 
constitutional impeachment responsibility in this body.
  Yesterday more than 30 Members of the majority voted against stopping 
U.S. participation in the NATO action, against the horrendous ethnic 
cleansing of Slobodan Milosevic, but then refused to vote for a 
resolution in support of the NATO action. There can only be one 
explanation for the House vote against the NATO campaign. The 
Republican majority will seize any opportunity to strike at President 
Clinton, even if it means giving encouragement to such a vile criminal 
as Slobodan Milosevic. Our national interest must rise above our 
partisan inclinations. The memory of those killed and raped in Kosovo 
and the support of the brave men and women carrying out this mission on 
NATO's behalf deserve better than this vote.




                          ____________________


[[Page 7837]]


                              {time}  1015

 MANY LIBERALS IN EDUCATION HAVE HOSTILE ATTITUDES TOWARDS PEOPLE WITH 
                      RELIGIOUSLY-INSPIRED VALUES

  (Mr. TIAHRT asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. TIAHRT. Madam Speaker, the recent tragedy in Littleton, Colorado, 
points to an issue that has gone unaddressed for too long. Too many of 
our public schools are unsafe, and this is unacceptable.
  What kind of system is it that allows kids to quote Hitler in the 
hallway, but which would see students get hauled into the principal's 
office for quoting the bible in the classroom? The pendulum has swung 
too far to the left.
  Madam Speaker, many Americans believe that America has lost its way 
when our schools ignore the morals and the values that built this great 
Nation. But too many of the liberals in education have such a hostile 
attitude towards religion that they can not even conceive of a 
tolerant, multi-denominational religious presence in the public square 
which does not harm anyone's rights. Their caricatures of religious 
people are nothing but unfair stereotypes, and they falsely portray the 
agenda of ordinary people who think that religiously-inspired values 
are something to be proud of and something that has always made America 
great.
  There is no magic solution for the problems we face in schools, but 
it is time for the pendulum to swing the other way, back to the virtues 
and the values that built this great Nation.

                          ____________________




      COST OF FAILURE INFINITELY GREATER THAN THE PRICE OF VICTORY

  (Mr. HOYER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. HOYER. Madam Speaker, Dante said that nothing was necessary for 
the spread of evil but that good men do nothing.
  Yesterday, last night, shamefully the House of Representatives voted 
to do nothing. It sent an uncertain trumpet, not only to our NATO 
allies, but to one of the evils of this world: Slobodan Milosevic.
  Let me read from a speech given by John McCain, not a member of my 
party, but one of this body, the Congress of the United States, that 
knows about war and knows about the American interest, not the partisan 
political interest. He said this:
  Let me close by saying that both the Congress and the administration 
must show resolve and the confidence of a superpower. Our cause is 
just, and our early success is imperative. Let us keep our nerve and 
see the things through to the end. No matter how awful the images of 
war appear on television, the cost of failure, John McCain said 
correctly, are infinitely greater than the price of victory.
  Madam Speaker, we failed last night. Let us not fail in the days 
ahead.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mrs. Emerson). Members should avoid 
references to members of the other body.

                          ____________________




   REPUBLICAN COMPLAINTS ABOUT ABUNDANT MILITARY SHORTAGES MET WITH 
                       SILENCE AT THE WHITE HOUSE

  (Mr. BALLENGER asked and was given permission to address the House 
for 1 minute.)
  Mr. BALLENGER. Madam Speaker, the war in Kosovo has exposed a 
military readiness and national security vulnerability that must be 
removed. Evidence of our current military shortage is abundant:
  We are dangerously close to running out of air-launched cruise 
missiles, a situation unthinkable in the days of Ronald Reagan's strong 
leadership. More than half of the B1-B bombers in Ellsworth Air Force 
Base are not mission capable because they lack critical parts. We are 
diverting planes from their patrols over the Iraqi no-fly zone in order 
to fill out the Kosovo mission.
  Republican complaints and oversight hearings about this deteriorating 
situation over the past 6 years have been met with silence in the White 
House and indifference in the press. No one seems to care. For four 
straight years, four straight years, the Republican Congress 
appropriated more money for defense than the President requested. But 
each year it is more of the same: an inadequate defense budget and 
insufficient resources.
  Now will the President finally care?

                          ____________________




      INTRODUCTION OF THE RURAL TEACHERS' RECRUITMENT ACT OF 1999

  (Mrs. CLAYTON asked and was given permission to address the House for 
1 minute.)
  Mrs. CLAYTON. Madam Speaker, today I am introducing the Rural 
Teachers' Recruitment Act of 1999, a much needed measure designed to 
address teacher shortage, recruitment and retention. Recruiting and 
retaining quality teachers is so important and difficult in schools 
across the country. Accomplishing this goal in rural areas is even a 
greater task.
  Madam Speaker, there is little motivation for teachers to teach and 
to remain in rural areas. My bill offers an incentive to teachers to 
teach in these unrepresented areas.
  The Rural Teachers' Recruitment Act of 1999 allows rural local 
education agencies to submit an application to the Secretary of the 
Department of Education for a grant to develop incentives that they 
like for whatever they like, for recruitment and retaining teachers and 
providing opportunities.
  As we move in the 21st century, it is time to ensure that we have 
talented, dedicated and qualified teachers. We must give these new 
teachers a reason to favor providing instruction in our rural areas. We 
must reduce the shortage of quality teachers in areas where they are 
most needed. Without these teachers, our communities and children are 
the ones who suffer.
  Madam Speaker, I urge all of my colleagues in rural areas and urban 
areas to support my bill, the Rural Teachers' Recruitment Act of 1999.

                          ____________________




                      LAST NIGHT'S APPALLING VOTE

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Madam Speaker, what have we wrought? I 
ended my time on the floor last night by speaking to this body of my 
shock and appall at our vote not to support those military men and 
women trying to save lives in the Kosovo area.
  It is interesting, having gone to the Hershey retreat to uphold and 
promote bipartisanship, that yesterday I saw the crumbling edges of 
bipartisanship. I saw the repeat of the impeachment vote, the 
undermining of a President, not because one found good reason that 
there was no basis for this onslaught that is going on or this attack 
that is going on in Kosovo because of the enormous loss of life, but 
because we simply do not like him.
  Madam Speaker, it is a shame that we would fall to partisanship while 
thousands and thousands and hundreds of thousands of women and children 
are being murdered and moved from their homes. What have we wrought?
  Martin Luther King said injustice anywhere is injustice everywhere. 
My question to my Republican friends: Where is the outrage?
  Stop the partisanship. Let us unify around saving lives, and standing 
up for American principles and believing that we must fight this 
humanitarian war.

                          ____________________




             CALLING ON THE PRESIDENT TO PROVIDE LEADERSHIP

  (Mr. BLUNT asked and was given permission to address the House for 1 
minute.)
  Mr. BLUNT. Madam Speaker, there was no vote taken yesterday not to

[[Page 7838]]

support our military. There was a vote taken not to endorse a policy 
that we should have been asked weeks ago before the bombing started to 
be part of. There was a vote not to endorse a policy that has not been 
explained to this Congress the way it should have been explained by the 
administration.
  We have heard of vile partisanship on this House yesterday, but over 
2 dozen members of the Democratic party voted with Republicans, 
Republicans voted with Democrats. We would be glad to have those 2 
dozen members of that party if they do not want them.
  This was not a statement about vile partisanship. This was a 
statement about principle. This is about whether foreign policy is 
driven by the Constitution or by CNN, and the Constitution says the 
President and the Congress should be involved in that.
  I call on the President to provide the leadership that this Congress 
needs.

                          ____________________




             THIS PLACE IS GETTING CURIOUSER AND CURIOUSER

  (Mr. McDERMOTT asked and was given permission to address the House 
for 1 minute.)
  Mr. McDERMOTT. Madam Speaker, yesterday, as I listened to that 
debate, I thought of my time in the Vietnam war when I listened to 
soldiers and sailors and marines talk about what it was like fighting a 
war when the American people did not support them. I got to wonder what 
people think sitting on the flight line in Aviano in Italy today, 
asking themselves:
  Where is the Congress? Are we going out there risking our lives, and 
they do not support us?
  Now I watched last night when the leadership of this House stood by 
that back retail and did not turn a single vote around. Amazing. One 
can be the leader of this House, and they cannot change a single vote. 
They do not even speak to anybody to change a vote.
  Now next week we will see it all different. Then we will have an 
appropriations act out here, and we will want to give money to an 
effort that we do not support.
  Madam Speaker, Lewis Carroll must be writing the script because this 
place is getting curiouser and curiouser.

                          ____________________




             WHY IS SPARTANBURG HIGH SCHOOL SO SUCCESSFUL?

  (Mr. DeMINT asked and was given permission to address the House for 1 
minute.)
  Mr. DeMINT. Madam Speaker, on a more positive note, the upstate 
region of South Carolina is home to Spartanburg High School, a four-
time winner of the National Blue Ribbon Award. It is the only school in 
our Nation to achieve this honor four times.
  Why Spartanburg High so successful? Caring parents, quality students, 
committed teachers, creative administrators, an active school board and 
encouraging community. The people have taken control of their school 
and have succeeded in spite of misguided federal programs and 
paperwork.
  Do not just take my word for it. Yesterday the Spartanburg Herald 
Journal wrote an editorial praising Congress for passing legislation to 
give schools more flexibility. It read:
  Federal lawmakers need to do more to free state and local educators 
so they can run their schools as they see fit. Education is a State and 
local matter.
  I could not have said it better myself.

                          ____________________




                 LAST NIGHT'S VOTE NOT TO SUPPORT NATO

  (Mr. PASTOR asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PASTOR. Madam Speaker, I could understand a year ago when the 
majority, because of their hate for President Clinton, made the 
impeachment process a partisan procedure. But last night I could not 
believe that the vote to not support NATO was done because of the hate 
the majority has for the President.
  What message have we sent to NATO? What message have we sent to our 
troops? That we do not support them.
  The ironic thing is today, this afternoon, I am going to be asked to 
vote on the supplemental that doubles the request, and yet I am being 
asked to vote for a supplemental that the majority does not support, 
does not support the action of the NATO cause.
  In the words of the great Congressman, the gentleman from Ohio (Mr. 
Traficant), all I can say is:
  Beam me up, Scotty.

                          ____________________




               AMENDING RULES OF HOUSE FOR 106TH CONGRESS

  Mr. HASTINGS of Washington. Madam Speaker, I ask unanimous consent 
that the Committee on Rules be discharged from further consideration of 
the resolution (H. Res. 153) amending House Resolution 5, One Hundred 
Sixth Congress, as amended by House Resolution 129, One Hundred Sixth 
Congress, and ask for its immediate consideration.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore (Mrs. Emerson). Is there objection to the 
request of the gentleman from Washington?
  There was no objection.
  The Clerk read the resolution, as follows:

                              H. Res. 153

       Resolved,

     SECTION 1. AMENDMENT OF HOUSE RESOLUTION 5.

       Section 2(f)(1) of House Resolution 5, One Hundred Sixth 
     Congress, agreed to January 6, 1999 (as amended by House 
     Resolution 129, One Hundred Sixth Congress, agreed to March 
     24, 1999), is amended by striking ``April 30, 1999'' and 
     inserting ``May 14, 1999''.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                WATER RESOURCES DEVELOPMENT ACT OF 1999

  Mr. HASTINGS of Washington. Madam Speaker, by direction of the 
Committee on Rules, I call up House Resolution 154 and ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 154

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 1480) to provide for the conservation and 
     development of water and related resources, to authorize the 
     United States Army Corps of Engineers to construct various 
     projects for improvements to rivers and harbors of the United 
     States, and for other purposes. The first reading of the bill 
     shall be dispensed with. General debate shall be confined to 
     the bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Transportation and Infrastructure. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. It shall be in order to consider as an 
     original bill for the purpose of amendment under the five-
     minute rule the amendment in the nature of a substitute 
     recommended by the Committee on Transportation and 
     Infrastructure now printed in the bill, modified by the 
     amendments printed in part 1 of the report of the Committee 
     on Rules accompanying this resolution. That amendment in the 
     nature of a substitute shall be considered as read. All 
     points of order against that amendment in the nature of a 
     substitute are waived. No amendment to that amendment in the 
     nature of a substitute shall be in order except those printed 
     in part 2 of the report of the Committee on Rules. Each 
     amendment may be offered only in the order printed in the 
     report, may be offered only by a Member designated in the 
     report, shall be considered as read, shall be debatable for 
     the time specified in the report equally divided and 
     controlled by the proponent and an opponent, shall not be 
     subject to an amendment, and shall not be subject to a demand 
     for division of the question in the House or in the Committee 
     of the Whole. The chairman of the Committee of the Whole may: 
     (1) postpone until a time during further consideration in the 
     Committee of the Whole a request for a recorded vote on any 
     amendment; and (2) reduce to five minutes the minimum time 
     for electronic voting on any postponed question that follows 
     another electronic vote without intervening business, 
     provided that the minimum time for electronic voting on the 
     first in any series of questions shall be 15 minutes. At the 
     conclusion of consideration of the bill for amendments the 
     Committee shall rise and report the bill to the House with

[[Page 7839]]

     such amendments as may have been adopted. Any Member may 
     demand a separate vote in the House on any amendment adopted 
     in the Committee of the Whole to the bill or to the amendment 
     in the nature of a substitute made in order as original text. 
     The previous question shall be considered as ordered on the 
     bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

                              {time}  1030

  The SPEAKER pro tempore (Mrs. Emerson). The gentleman from Washington 
(Mr. Hastings) is recognized for 1 hour.
  Mr. HASTINGS of Washington. Madam Speaker, for purposes of debate 
only, I yield the customary 30 minutes to the distinguished gentleman 
from Texas (Mr. Frost), pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time yielded is 
for the purpose of debate only.
  Madam Speaker, H.R. 154 is a structured rule providing 1 hour of 
general debate to be equally divided and controlled between the 
chairman and ranking minority member of the Committee on Transportation 
and Infrastructure. The rule makes in order the Committee on 
Transportation and Infrastructure amendment in the nature of a 
substitute as an original bill for the purposes of amendment, modified 
by the amendments printed in part 1 of the report of the Committee on 
Rules accompanying this resolution.
  The rule waives points of order against consideration of the 
amendment in the nature of a substitute and makes in order only those 
amendments printed in part 2 of the Committee on Rules report 
accompanying the resolution.
  Furthermore, the rule provides that amendments made in order may be 
offered only in the order printed in the report, may be offered only by 
the Member designated in the report, shall be considered as read, be 
debatable for the time specified in the report, equally divided and 
controlled by an opponent and proponent, shall not be subject to 
amendment, and shall not be subject to demand for a division of the 
question in the House or in the Committee of the Whole.
  The rule allows for the Chairman of the Committee of the Whole to 
postpone votes during consideration of the bill and to reduce voting 
time to 5 minutes on a postponed question if the vote follows a 15 
minute vote.
  Finally, the rule provides for one motion to recommit with or without 
instructions.
  Madam Speaker, the Water Resources Development Act of 1999, H.R. 
1480, is the culmination of work that was begun in the 105th Congress 
on a variety of Bureau of Reclamation and U.S. Army Corps of Engineers 
water projects. In fact, I would like to take this opportunity to 
commend the chairman of the Committee on Transportation and 
Infrastructure and all committee members for their hard work on this 
important legislation.
  The maintenance and improvement of water resource infrastructure is 
vital to the residents in my own district and to the people and economy 
of the entire Nation as a whole.
  Specifically, H.R. 1480 authorizes 95 new water resource projects, 
makes necessary modifications to six existing projects, and authorizes 
the U.S. Army Corps of Engineers to conduct 26 studies on a variety of 
water resource issues. The bill authorizes $1.9 billion for these 
development projects, which are funded on a cost-share basis with non-
Federal partners. These projects are being authorized only after 
detailed feasibility studies conducted by the U.S. Army Corps of 
Engineers and by a careful review of the Committee on Transportation 
and Infrastructure.
  H.R. 1480 also addresses the concerns of those who believe that past 
water resource projects have had unintended impacts on the environment. 
In particular, the bill establishes a pilot program to explore the 
feasibility of natural flood control methods, and it makes it easier 
for nonprofit organizations to participate in U.S. Army Corps of 
Engineers environmental programs.
  Madam Speaker, passage of the Water Resources Development Act of 1999 
will allow needed maintenance and improvements to our Nation's 
navigation, irrigation, flood control and power generation 
infrastructure to move forward. I therefore encourage my colleagues to 
support H. Res. 154, which I believe is a fair rule, and to support the 
underlying legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. FROST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am supporting this rule, in spite of the fact that 
the rule is not open and it does limit amendments to those printed in 
the report of the Committee on Rules. While I am perfectly aware that 
every amendment submitted to the Committee on Rules was made in order, 
the committee's ranking member, the gentleman from Minnesota (Mr. 
Oberstar) did point out at the Committee on Rules hearing last night 
that water resources bills are nearly always considered under open 
rules, or, in some cases, under suspension of the rules.
  The Democratic members of the Committee on Rules would not ordinarily 
support closing down a rule on legislation as important as this water 
resources development bill. In this case, however, we will not oppose 
the rule. This is because the majority and minority on the Committee on 
Transportation and Infrastructure have worked diligently to reach a 
number of compromises on controversial positions in the committee 
reported bill, and because every amendment submitted to the Committee 
on Rules has been made in order either in the manager's amendment or as 
a freestanding amendment.
  The major controversy in the committee reported bill has been 
resolved in an amendment which will be self-executed into the text of 
the bill by virtue of adoption of the rule. The rule self-executes an 
amendment which removes language that would have allowed one Member to 
further development in his district at the expense of his neighbors 
along the Sacramento and American Rivers. I would like to commend the 
gentleman from New York (Mr. Boehlert) and the gentlewoman from 
California (Mrs. Tauscher) for their willingness to work out an 
agreement on this thorny issue.
  In spite of this compromise, the bill does not satisfactorily resolve 
the issue of flood control for the city of Sacramento, California. 
Flood control has been and remains a serious and potentially deadly 
issue for Sacramento. Quite frankly, the flood protection provided in 
the bill is inadequate, but an amendment to be offered by the gentleman 
from Minnesota (Mr. Oberstar) seeks to improve those flood protection 
provisions and deserves the support of the House.
  Madam Speaker, I would like to point out that there are many 
provisions in this legislation that are strongly supported by 
communities across the country. In particular, the committee has 
responded to the request of a community in my congressional district to 
alter the original flood control plans of the Corps of Engineers.
  The city of Arlington, Texas, had requested that the committee 
include a locally preferred plan for flood control for Johnson Creek, a 
tributary of the Trinity River which flows through the cities of 
Arlington and Grand Prairie, in lieu of the original Corps plan.
  This locally preferred plan, which will have a total cost of $20 
million and a Federal share of $12 million, would allow the city of 
Arlington to include recreational facilities and environmental 
restoration along Johnson Creek, which will benefit the residents of 
that city on an ongoing basis, while assuring that adequate flood 
control will protect life and property in the surrounding area. I am 
particularly pleased that this amendment to the plan and the funding 
for it have been included in H.R. 1480.
  Madam Speaker, I know that the gentleman from Pennsylvania (Chairman 
Shuster) and the gentleman from Minnesota (Mr. Oberstar) are eager to 
move their legislation, especially now that the controversy on the 
Sacramento and American Rivers has been resolved. However, I must again 
point

[[Page 7840]]

out that a bill like water resources really should be considered under 
an open rule.
  Madam Speaker, that being said, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Madam Speaker, it is my pleasure to yield 
such time as he may consume to the gentleman from California (Mr. 
Dreier), the distinguished chairman of the Committee on Rules.
  Mr. DREIER. Madam Speaker, I rise in strong support of this rule, and 
I congratulate my friends on both sides of the aisle for their 
management of it. I would like to especially congratulate my friend the 
gentleman from New York (Mr. Boehlert) for the role that he has played 
in helping to fashion a compromise here. I would like to also 
congratulate the gentleman from Pennsylvania (Chairman Shuster) and the 
others who have worked on this measure, and, of course, the many 
Californians who have played a role in getting to where we are.
  These projects are particularly important to western States, the 23 
that have been authorized in this package that we are going to be 
considering. My State of California is very, very key, as I mentioned, 
because access to safe, usable water is obviously very, very critical 
to our State's survival.
  This bill addresses past environmental concerns that water resources 
projects have had unintended impacts on the environment. For example, 
the bill establishes a pilot program to explore the feasibility of 
natural flood control methods, and, in addition to that, the bill makes 
it easier for nonprofit organizations to participate in U.S. Army Corps 
of Engineers environmental programs.
  The rule also ensures that no provisions in the bill will interfere 
with California State water rights, which are balanced with great care 
by State laws that we have today. In particular, members of my 
delegation with communities wrestling with major water issues will be 
given the time that they need to work on compromise language that will 
be fair to everyone and address the concerns that are there.
  So I urge strong support of the rule. I congratulate my friends on 
both sides of the aisle for having fashioned this compromise, and look 
forward to passage of both the rule and the bill itself.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Madam Speaker, I thank the gentleman for yielding me 
time.
  Madam Speaker, many of our colleagues on our side of the aisle in 
committee and other Members have expressed surprise that we bring a 
water resources bill to the floor, any bill from our committee, to the 
floor under what amounts to a modified closed rule and to a very 
unusual self-executing provision in the rule that deals with the 
substantive provision of the bill.
  My response is that not in my 36 years' experience on the committee 
have we done such a maneuver on a water resources bill. Generally this 
is a matter that is brought to the floor under an open rule, as we have 
nothing to fear. But in this case there were some extenuating 
circumstances.
  This water resources bill has been held up for two Congresses over 
one project, and, even though that one issue of flood control 
protection for the city of Sacramento and water distribution for 
potential upstream users has not yet been satisfactorily resolved, it 
has at least been deferred to another time. That is the purpose of the 
self-executing provision in the rule.
  The bill deals with all the rest of what is needed in the rest of 
this country. Indeed, as the previous speaker said, a good deal of this 
bill benefits the rest of the State of California outside of 
Sacramento.
  So, reluctant as I would be to support this type of procedure for our 
committee, in this case, this exceptional case, it is a means to get 
through the problem that has held up all the rest of the country and 
deal substantively with the needs of other Members, and put off to 
another time the appropriate protection for the city of Sacramento.
  So, Madam Speaker, I support the rule, with those caveats.
  Mr. HASTINGS of Washington. Madam Speaker, I yield 2 minutes to the 
distinguished gentleman from New York (Mr. Boehlert), the chairman of 
the subcommittee dealing with this issue.
  Mr. BOEHLERT. Madam Speaker, I thank my colleague for yielding me 
time.
  Madam Speaker, I want to rise in strong support of the rule. The 
chairman and the committee and the Committee on Rules have crafted a 
rule that provides for the fair consideration of the Water Resources 
and Development Act of 1999 and a rule that resolves the primary fiscal 
and environmental concerns that were raised about this legislation.

                              {time}  1045

  Specifically, the rule includes an amendment that I offered at the 
Committee on Rules yesterday that strips all water supply language that 
was opposed by the environmental community and the fiscal watchdog 
organizations like Taxpayers for Common Sense. In fact, the leading 
environmental and taxpayer groups have endorsed my amendment.
  As the chairman of the Subcommittee on Water Resources and 
Environment, I am proud to report that we have labored long and hard in 
a bipartisan manner to craft this bill. Essentially, we are going 
forward with unfinished business. We should have concluded it at the 
end of the last Congress, but we were not able to do so because of a 
serious controversy about one region of the country. That controversy 
has now been resolved.
  I think that WRDA 1999 specifically deals with the California water 
supply and Sacramento flood protection provisions in a very responsible 
way. Once again, let me report the environmental community is endorsing 
what we are about and so, too, are the fiscal watchdogs.
  What I did was I listened, I learned, I heard and I heeded. So the 
bill we are bringing forward today has earned the support of a broad 
coalition of Republicans and Democrats alike. We are about the Nation's 
business. We are committed to dealing with infrastructure, and in this 
bill we are dealing with infrastructure in a very responsible way in 
the best interests of the entire Nation.
  Mr. FROST. Madam Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Borski).
  Mr. BORSKI. Madam Speaker, I want to just follow up with my 
distinguished colleague and chairman of our subcommittee, the gentleman 
from New York (Mr. Boehlert) and explain just briefly, if I may, that 
in the subcommittee we had a very partisan divide on this issue; and as 
a matter of fact, in the full committee in reporting the bill, there 
was still a very partisan struggle, if you will.
  I am reminded somewhat of the old Mark Twain quote that ``whiskey is 
for drinking and water is for fighting.'' We fought a little bit in the 
subcommittee, and I particularly want to commend the gentlewoman from 
California (Mrs. Tauscher) for her efforts in subcommittee and full 
committee to bring this to light.
  This rule, with the self-enacting rule will, in effect, do what the 
gentlewoman from California (Mrs. Tauscher) wanted to do in committee. 
I want to commend our distinguished chairman, because again, he had 
suggested to us in the strongest terms possible that he would continue 
to work with us to improve the bill. He has done so, and I support the 
rule.
  Mr. GOSS. Madam Speaker, I encourage my colleagues to support this 
rule. It is a fair rule that makes in order every amendment that was 
offered, ensuring an open debate.
  Let me begin by commending the transportation committee for resolving 
the issues that held this much needed legislation up over the last 
year. It is a critically important bill for my home state of Florida 
and the rest of the country. I am pleased to see that Congress, as 
evidenced by the funding levels in this bill, has once again turned 
back the Clinton-Gore administration's assault on beach renourishment 
projects. These vital projects serve the same function as other flood 
control projects: they

[[Page 7841]]

 save lives and limit damage to property. I simply cannot understand 
the Clinton-Gore administration's continued neglect of these important 
projects. It is irresponsible and it's past time they got the message.
  I am particularly grateful for the committee's attention to southwest 
Florida and the captiva project. In addition, I would point out that 
this bill will help us continue moving forward on the Everglades 
restoration program. The bill extends the authorization period for the 
Everglades ``critical projects'' so they can be funded and completed as 
planned. Once again, Congress has reaffirmed its commitment to the 
Everglades restoration program and is meeting its obligations to help 
restore this national treasure.
  In conclusion, Madam Speaker, this is a fair rule and a good bill. I 
encourage my colleagues to support both.
  Mr. FROST. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HASTINGS of Washington. Madam Speaker, I yield back the balance 
of my time, and I move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Hastings of Washington). Pursuant to 
House Resolution 154 and rule XVIII, the Chair declares the House in 
the Committee of the Whole House on the State of the Union for the 
consideration of the bill, H.R. 1480.

                              {time}  1048


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 1480) to provide for the conservation and development of water 
and related resources, to authorize the United States Army Corps of 
Engineers to construct various projects for improvements to rivers and 
harbors of the United States, and for other purposes, with Mrs. Emerson 
in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Pennsylvania (Mr. Shuster) and the 
gentleman from Pennsylvania (Mr. Borski), each will control 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Madam Chairman, I yield myself such time as I may 
consume. H.R. 1480, the Water Resources Development Act of 1999, is a 
comprehensive authorization of the water resources programs of the Army 
Corps of Engineers. It represents two-and-a-half years of bipartisan 
effort to preserve and develop the water infrastructure that is so 
vital to our Nation's safety and economic well-being.
  First, let me thank and congratulate my colleagues on the Committee 
on Transportation and Infrastructure for their tireless efforts. I want 
to give special thanks to the gentleman from Minnesota (Mr. Oberstar), 
the ranking member of the full committee; the gentleman from New York 
(Mr. Boehlert), the chairman of the subcommittee; and the gentleman 
from Pennsylvania (Mr. Borski), the ranking member of the subcommittee.
  This legislation is unfinished business that should be enacted as 
soon as possible. The 105th Congress failed to enact the Water 
Resources Development Act, largely because of a contentious flood 
control issue in California.
  The bill we bring to the floor today, however, ends the impasse. It 
represents a fair and balanced compromise on all fronts.
  Madam Chairman, this legislation accomplishes three important 
objectives. First, it reflects the committee's continuing commitment to 
improving the Nation's water infrastructure and keeping to a regular 
schedule for authorizations.
  Second, it responds to policy initiatives to modernize the Corps of 
Engineers' activities and to achieve programmatic reforms.
  Third, and this is very important, it takes advantage of the Corps' 
capabilities and recognizes evolving national priorities by expanding 
and creating new authorities for protecting and enhancing the 
environment.
  Now, is this bill 100 percent perfect, free of controversy? I am sure 
it is not. We have heard concerns about a few provisions, and intend to 
address those as the bill progresses. There are also some differences 
between this legislation and the Senate counterpart that must be 
resolved. In many cases, people are not getting everything they want 
here, so many are not totally pleased, but it is a balanced compromise 
and one that we think deserves support.
  Madam Chairman, as we move forward with this important legislation, I 
intend to work with all parties to ensure that the final product 
reflects a balance of all interests. I also want to assure my 
colleagues that we do intend to move another water resources bill that 
will really be the vehicle to address new items and requests that have 
arisen and are likely to arise in the coming months, and we intend 
indeed to move that legislation early in the next session.
  This legislation is a strong bipartisan bill that reflects balance in 
every sense of the word, and a responsible approach to developing water 
infrastructure, preserving and enhancing the Federal, State and local 
partnerships.
  Madam Chairman, I strongly urge my colleagues to support this 
legislation.
  Madam Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Chairman, before yielding, I would like to take 
this opportunity to commend the gentleman from Pennsylvania (Mr. 
Borski) for his splendid work over several years of trying to shape 
this bill and bring it to this point. He has been most diligent and 
deserves credit for the work product that we bring to the House today 
with great pride.
  And now, Madam Chairman, I yield such time as he may consume to the 
gentleman from Pennsylvania (Mr. Borski), the ranking Democrat on the 
Subcommittee on Water Resources.
  Mr. BORSKI. Madam Chairman, let me thank the distinguished ranking 
member for yielding me this time and for his outstanding leadership on 
all issues, but particularly on this water resources issue that is 
before us today. I also want to congratulate and commend the gentleman 
from Pennsylvania (Mr. Shuster), my friend, the distinguished chairman, 
and the gentleman from New York (Mr. Boehlert), my good friend and the 
subcommittee chairman, for, as always, listening to the members of the 
minority, working with us in a fair and bipartisan manner. The bill 
before us today is one which we all can support.
  Madam Chairman, the committee on Transportation and Infrastructure 
strongly supports biennial legislation for the Corps' water resources 
program because it provides stability to Corps programs, certainly to 
local project sponsors, and timely response to changing circumstances.
  The bill before us today authorizes major flood control navigation, 
shore protection, and other water resource development projects. These 
projects have gone through the traditional review and evaluation 
process of the Corps and have received favorable reports from the Chief 
of Engineers. Another 16 projects will be authorized to proceed to 
construction if their Chief's reports are complete by September 30, 
1999.
  This bill also establishes a new flood mitigation and riverine 
restoration pilot program that is modeled after the administration's 
proposed Challenge 21 program. It takes a broader approach to address 
the issues of flood protection, especially by using nonstructural 
measures and environmental restoration in a coherent manner. I see a 
great deal of value in this approach and expect overall savings as well 
as enhancement of the environment.
  The bill also addresses current policies concerning shore protection 
and cost share of deep-draft harbors. With regard to shore protection 
and beach nourishment, I hope the provisions in this bill will bring 
the administration's policy more in line with congressional intent. The 
proposed change to harbor cost sharing is intended to proactively deal 
with potentially deeper draft requirements of new generations of 
oceangoing vessels.
  Madam Chairman, we all know that our failure to enact the bill last 
year

[[Page 7842]]

during its normal cycle was due entirely to one issue: providing 
adequate flood protection for Sacramento, California. The bill, as 
reported by the committee, attempted to address this issue but further 
complicated the debate by adding numerous provisions relating to water 
supply. I am pleased that the adoption of the rule removed the 
offending water supply provisions from the bill. Any Federal 
involvement in a reallocation of water rights adversely affects the 
traditional State prerogative jealously guarded by the States and, in 
particular, by Western States. I do not believe the Federal Government 
should get involved in such matters.
  Finally, I am concerned that the bill does not provide the adequate 
flood protection that Sacramento needs. I support a level of flood 
protection for Sacramento closer to 200 years, not to 117 in the 
current bill. That level would allow the issue to be disposed of once 
and for all. Future WRDAs would not be held hostage by similar 
disagreements as occurred last year.
  Madam Chairman, but for the issue of flood protection for Sacramento, 
H.R. 1480 is a good bill and is worthy of the strong support of the 
House.
  Mr. SHUSTER. Madam Chairman, I am pleased to yield 5 minutes to the 
gentleman from New York (Mr. Boehlert), the chairman of our 
distinguished subcommittee.
  Mr. BOEHLERT. Madam Chairman, I thank the gentleman for yielding me 
this time.
  Before anything else, I just wanted to pay tribute to the outstanding 
professionalism of the entire staff, the staff of the Subcommittee on 
Water Resources and Development and the full committee staff on the 
Committee on Transportation and Infrastructure. Mike Strachn and Jeff 
More, Ben Grumbles, the whole team on our side and on the other side, a 
team of very able professionals.
  Secondly, I want to say this proves that we can work things out the 
way we should. Our Committee on Transportation and Infrastructure I 
think is the envy of a lot of other committees on Capitol Hill, because 
while we have differences, we come together in a bipartisan manner and 
we overcome those differences, and the product we have on the floor 
today is as a result of that.
  Before us this morning we have a water resources bill that provides 
billions of dollars for flood protection, navigation improvements, 
water infrastructure and the enhancement of critical environmental 
resources. This legislation is critical to our Nation's ports, our 
Nation's cities, the millions of Americans who live along our Nation's 
rivers; and yes, this bill is critical to the environment, which is a 
very important subject that warms my heart.
  I would like to share with my colleagues a list of some of the 
environmental provisions in the Water Resources Development Act of 
1999. It authorizes a $100 million pilot project for nonstructural 
flood control and riverine environmental restoration. It enhances 
environmentally sensitive floodplain management measures. It authorizes 
an aquatic ecosystem restoration project. It reauthorizes a sediment 
decontamination program. It encourages beneficial reuse of dredge 
material. The list goes on and on.
  Madam Chairman, I include the entire list at this point in the 
Record.

Environmental Highlights of H.R. 1480, the Water Resources Development 
                              Act of 1999


                   A. Programmatic and Policy Changes

       Authorizes a $100 million pilot program for nonstructural 
     flood control and riverine environmental restoration
       Advances environmentally sensitive floodplain management 
     measures (including those involving nonstructural features 
     such as buyouts and relocations)
       Continues Corps' efforts to coordinate with FEMA's hazard 
     mitigation program
       Authorizes aquatic ecosystem restoration projects and makes 
     programmatic changes to encourage new local sponsors
       Reauthorizes sediment decontamination program and 
     authorizes the development and testing of innovative dredging 
     technologies to minimize release of contaminants and improve 
     water quality
       Encourages beneficial reuse of dredged material
       Promotes a ``systems approach'' to sand management and 
     beach nourishment
       Expands Corps' efforts to control non-indigenous invasive 
     aquatic plant species
       Extends authorization for critical projects under the 
     Everglades and South Florida ecosystem restoration program
       Authorizes in-kind contributions to projects to enhance 
     fish and wildlife resources thereby promoting additional 
     local sponsorship of such projects
       Encourages the use of innovative treatment technologies for 
     watershed and environmental restoration and protection 
     projects involving water quality
       Authorizes development of coastal aquatic habitat 
     management plans to address problems associated with toxic 
     micro-organisms and the resulting degradation of ecosystems 
     in tidal and non-tidal wetlands
       Provides for restoration of abandoned and inactive coal 
     mines


                          B. Regional Programs

       Reauthorizes and improves the Upper Mississippi 
     Environmental Management Program
       Directs a comprehensive study of the Great Lakes 
     environment to promote effective planning and management
       Increases the acreage cap for the Missouri River mitigation 
     project to increase the program's effectiveness
       Provides financial and technical assistance for management 
     of non-indigenous species in the Great Lakes
       Provides for aquatic restoration projects on the Lower 
     Missouri River
       Provides for aquatic resources restoration in the Pacific 
     Northwest
       Authorizes assistance for integrated water management 
     planning for the State of Texas


                C. Miscellaneous Projects and Provisions

       Adds 3 additional projects to the Corps' Clean Lakes 
     Program to improve water quality by reducing silt and 
     sediment
       Authorizes 3 projects for improvement of the environment 
     under the authority of section 1135 of the Water Resources 
     Development Act of 1986
       Authorizes 16 projects for aquatic ecosystem restoration 
     under the authority of section 206 of the Water Resources 
     Development Act of 1996
       Authorizes technical assistance for 8 watersheds for 
     environmental restoration and protection.

  Madam Chairman, whether it is helping clean up abandoned mines in the 
West or the development of nonstructural flood control measures in the 
East, or the establishment of aquatic restoration projects in the 
South, WRDA 1999 provides critical resources for the enhancement of our 
environment. In recent years we have seen a gradual greening of the 
Corps of Engineers, and the legislation before us today continues that 
trend. Our committee is most responsible for that greening of the 
Corps.
  The Corps' traditional functions, flood control and navigation, are 
also continued in WRDA 1999. Dredging of our great harbors and 
navigation routes is a central component of this legislation. Moving 
bulk commodities such as grain and coal by water is essential to our 
growing economy.

                              {time}  1100

  WRDA 1999 provides increased protection for flooding for millions of 
Americans. Perhaps no place is a better example of that than the city 
of Sacramento, the capital of California, of why WRDA 1999 is so 
critically needed.
  Today the city of Sacramento has only about 77 years of flood 
protection. The legislation before us today, this day, authorizes over 
$300 million for projects designed to increase the flood protection for 
Sacramento to nearly 140 years.
  As my colleague, the gentleman from Pennsylvania (Mr. Borski), the 
ranking member of our subcommittee, has stated so eloquently, and we 
have no disagreement on this, we want to provide the maximum level of 
protection for Sacramento, and we are determined to do so. Not only are 
we investing $300 million in this bill. No, we are expediting studies 
of the possibility of elevating the Folsom Dam. We are expediting 
studies of the possibility of doing levee work south of the dam. We are 
looking at this in a very serious, professional way.
  That is what we should do, because we want our final decisions to be 
made not based upon emotions, and we all can get very emotional about 
these subjects, but based upon facts. That is exactly what we are going 
to do.
  We have moved responsibly to dramatically increase the flood 
protection for the capital of California, and I remain committed to the 
proposition that we can provide additional flood protection for 
Sacramento in next year's water bill.

[[Page 7843]]

  The chairman of the full committee has indicated that as soon as this 
bill is behind us, we are going to start on WRDA 2000. There is a 
fundamental national interest in moving this legislation forward in a 
bipartisan, expeditious fashion.
  WRDA 1999 is important to the lives and livelihood of millions of 
Americans, from Sacramento to Syracuse, from Savannah to Seattle, from 
Urbana to Utica. WRDA 1999 deserves our support.
  Mr. OBERSTAR. Madam Chairman, I am pleased to yield 2 minutes to the 
gentleman from Texas (Mr. Stenholm), ranking member of the Committee on 
Agriculture.
  Mr. STENHOLM. Madam Chairman, I thank the gentleman for yielding time 
to me.
  I would like to thank the gentleman from Pennsylvania (Chairman 
Shuster), the ranking member, the gentleman from Minnesota (Mr. 
Oberstar), the gentleman from Pennsylvania (Mr. Borski), and the 
gentleman from New York (Mr. Boehlert) for their action and hard work 
in bringing this bill to the floor.
  I rise today to speak in favor of this legislation. I do it as the 
ranking member of the Committee on Agriculture, but also to make my 
colleagues aware of a rather ironic situation.
  Section 501 would mandate that the Army Corps of Engineers would take 
control of some of the projects of the USDA's Natural Resources and 
Conservation Service. This would be done because of a $1.5 billion 
backlog in the USDA's small watershed program.
  Local residents who have sponsored these projects have lost 
confidence in USDA's ability to provide funding, and they are now 
looking at other sources of funding. This situation is indicative of 
the lack of resources and support currently being provided to 
agriculture.
  Funding for the NRCS's Small Watershed Program is no greater today 
than it was in the 1950s. In fact, the program has been virtually cut 
in half in the last 5 years. As a result, projects typically sit on the 
backlog list for more than a decade.
  We cannot blame the sponsors. In essence, they are shopping for the 
most available source of funding. There simply is not enough funding in 
the USDA program to live up to existing responsibilities and 
commitments.
  In 1937, the United States invested 6 percent of the Federal budget 
in USDA conservation programs. This is in stark contrast to the .16 
percent included in the 1999 Federal budget. In 1937, Congress 
appropriated $440 million for financial assistance, and $23 million in 
technical assistance. In 1999 dollars, that would be $5.3 billion.
  In 1999, the estimated appropriation for USDA conservation financial 
and technical assistance programs is $1.2 billion. These numbers speak 
for themselves. I would challenge my colleagues to make conservation 
spending a priority in order to meet the pressing needs in rural 
America.
  Again, I thank the sponsors of this legislation for, in another way, 
dealing with a part of the problem for many areas, of which this was 
the only available opportunity that they had.
  Mr. SHUSTER. Madam Chairman, I am pleased to yield 5 minutes to the 
distinguished gentleman from California (Mr. Doolittle), a member of 
the committee.
  Mr. DOOLITTLE. Madam Chairman, today we come to the floor with a very 
important bill, the water bill. I am very, very pleased to be able to 
support it. It contains many important projects across the country that 
can be developed with the passage and enactment of this legislation.
  I would particularly like to thank for their work on our problem in 
Sacramento our chairman, the gentleman from Pennsylvania (Mr. Shuster), 
and our subcommittee chairman, the gentleman from New York (Mr. 
Boehlert) and their staffs. They have been tremendously helpful, and it 
has been a very, very difficult problem for us to resolve.
  I would like to thank my colleagues from the Sacramento region who 
have been involved with me for months of intense negotiation with our 
staffs, the gentlemen from California, Mr. Pombo, Mr. Ose, Mr. Herger, 
and Mr. Matsui. All of us have worked hard to try and come up with a 
solution.
  Ultimately that solution that we worked on did not materialize in the 
exact way that we had desired. But the bottom line is this, Madam 
Chairman, this bill today enables Sacramento to take a giant step 
forward in the area of flood control, achieving virtually a 1 hundred 
percent increase in the level of protection over what we presently 
have.
  Madam Chairman, I would be less than candid if I did not say that 
this is still not what we need. But the truth of the matter is that we 
will never have what we need until, in one fashion or another, we are 
able to complete the construction of the Auburn Dam. It is the only 
solution that provides the level of flood protection for Sacramento. 
Everything else ultimately falls short.
  But this is a political process, and one that requires a certain 
agreement between all the parties. We are moving in the right 
direction, and when we come to issues of water and flood control and so 
forth, I think if you are moving in the right direction and making 
progress, that is something that we have to acknowledge and encourage.
  We are taking this step today. It is something that will be, I think, 
a very significant improvement for our community. Moreover, we do not 
do any harm, such as by passing the disastrous stepped release plan 
which is in the Senate bill, which would actually make things worse, 
increase the danger to life and property, and export flood control 
problems to those down below. So I am grateful to see that.
  I cannot help but acknowledge that this process has revealed the 
tremendous problem we also face in our State, which is the shortage of 
water. Even in an average year we are short of water. In a drought year 
we are significantly short of water, by about 5 million acre feet a 
year.
  We in California are going to have to address that problem, and in my 
own subcommittee which I chair, next month we will be specifically 
addressing that problem as we continue oversight over the Cal-Fed 
process. Water storage has to be developed.
  I strongly encourage my colleagues to support this legislation.
  Mr. OBERSTAR. Madam Chairman, I am pleased to yield 5 minutes to the 
gentleman from California (Mr. Matsui), and to also commend him for his 
diligent work on behalf of his community and people who desperately 
need the flood control protection. He has been a vigilant advocate for 
the people he represents.
  Mr. MATSUI. Madam Chairman, I first would like to thank the gentleman 
from Minnesota (Mr. Oberstar) for his very kind remarks and all of his 
help over the last decade, but particularly over the last 3 or 4 years 
that he has given me, along with the gentleman from Pennsylvania (Mr. 
Borski) as the subcommittee ranking member, obviously, and thanks to 
the gentleman from Minnesota (Mr. Oberstar) for all of the help he has 
given me as ranking member of the full committee as well.
  I would like to turn to my colleagues on the other side, the other 
side of the aisle. Certainly the gentleman from Pennsylvania (Chairman 
Shuster) has been extremely helpful in trying to put together a 
consensus for all of us in the Sacramento region. I want to express my 
gratitude and thanks to him, along with the gentleman from New York 
(Mr. Boehlert), who has been tireless over the last 3 or 4 years on our 
behalf. The staffs of both majority and minority have been extremely 
helpful, as well. I do want to express my appreciation.
  I also want to express my apologies to members of the subcommittee 
and certainly the Members of the entire House of Representatives. As we 
know, as the gentleman from Pennsylvania (Mr. Borski) and the gentleman 
from New York (Mr. Boehlert) have said, this bill had been delayed from 
the last Congress to this Congress. It was basically because of the 
Sacramento problem, and particularly about the flood control issue.
  I know it was very difficult for the Members of this body, but I 
appreciate

[[Page 7844]]

the fact that there was tolerance to me and my constituents. I 
certainly would hope that I would never have to put my colleagues in 
that kind of imposition again.
  I would like to, if I may, just comment a little bit about my problem 
in Sacramento County. We have about a 100-year protection, now. This 
bill would get us up to about 137 years protection, because it would 
modify the existing Folsom Dam in Sacramento County.
  The problem with this, as all of us know, is the fact that we still 
would be by far the lowest community in terms of flood protection in 
this Nation. Just to read off a few, Kansas City currently has 500-year 
protection; St. Louis, 50-year protection; Dallas, Texas, 500- year; 
New Orleans, 300 years; Topeka, Kansas, 500 years; and Omaha, Nebraska, 
Tacoma and the quad cities all have 500-year protection.
  We now will have, with this bill, 137 years. We wanted to get up to 
about 170 years, and we are, of course, afraid, because of the rainfall 
in northern California and the continuing uncertainty of our climate, 
that we could fall again in terms of hydrology studies.
  We have approximately 600,000 people at risk. We have over six major 
regional hospitals. We have 100 public schools. All of these are at 
risk with respect to Sacramento County. This bill will go a long way, 
obviously, in making sure that we are given some additional level of 
protection, but we need more. I think my colleagues on both sides of 
the aisle know this, and would want to help us.
  I would hope that as we proceed along over the next few weeks and 
perhaps months that we not confuse this issue. Sacramento County needs 
flood protection, and one of the real concerns that I have is that we 
have been tied into the whole issue of water supply.
  I agree with the gentleman from California (Mr. Doolittle), the 
previous speaker, that Northern California needs more water. We are the 
fastest growing region in America. We need more water. But we are 
trying to work that through right now with the State-Federal compact.
  We have Bruce Babbitt from the Interior Department. Obviously, former 
Governor Wilson and now Governor Gray Davis are attempting through Cal-
Fed to come up with a solution, because there are various competing 
interests in California with respect to the limited supply of water.
  We do need to solve this problem, but it has to be done in a 
methodical way. But please, I urge my colleagues not to tie flood 
protection for 600,000 people with this issue that has been raging in 
the State of California for over 125 years. We are not going to solve 
the issue of water supply in California as long as it is tied to the 
whole issue of flood protection, which we need immediately.
  The issue of water supply has to be an issue that is going to be 
dealt with from a larger perspective, from a Federal-State perspective, 
with all the water districts in California.
  I am not, however, suggesting that my colleague up north of me, the 
gentleman from California (Mr. Doolittle) is incorrect. Placer County 
is growing and it will need water in a few years. But that issue is one 
we need to work together on, not in an adversarial role on, and flood 
protection, unfortunately, puts us somewhat at odds.
  So I want to express my thanks to my colleagues, all of them, the 
gentlewoman from California (Mrs. Tauscher) and all of them for all of 
the tolerance and help they have given my community and myself over the 
last few months, and I urge adoption of this bill.
  Mr. SHUSTER. Madam Chairman, I am pleased to yield 2 minutes to the 
distinguished gentleman from New York (Mr. Forbes).
  Mr. FORBES. Madam Chairman, I thank the distinguished chairman for 
yielding time to me.
  Madam Chairman, I rise in strong support of the Water Resources 
Development Act of 1999, H.R. 1480. This is critically needed 
legislation, and I want to thank the chairman of the full committee, 
the gentleman from Pennsylvania (Mr. Shuster) for his leadership, and 
of course, my friend, the gentleman from New York (Mr. Boehlert) for 
really shepherding this bill, this much-needed bill, through the 
committee and bringing it to the floor, understanding that it had to go 
through some tenuous minefields getting fiscal watchdogs, environmental 
watchdogs to agree to this much-needed legislation.
  I might remind my colleagues that the ritual here in Congress has 
been that this program, this important program, has been funded 
generally and sufficiently by the Congress, not by the administration, 
for years. Whether it be the current administration or previous 
administrations, they have not provided the Army Corps of Engineers, in 
my estimation, the kinds of support they need, and it has been Congress 
that has come to the rescue.
  Again this year, it is the United States House of Representatives and 
this committee that have provided this adequate support. For over 150 
years the Corps has done a phenomenal job of protecting our lives and 
property. If you come from a place like I do, on Long Island, New York, 
you understand the tremendous importance of the Army Corps program.
  I might point out in this bill is the Atlantic Coast Monitoring 
Study, which is a very, very important undertaking that will study 
tides, erosion data, make future erosion predictions, and try to get 
ahead, if you will, of Mother Nature, to the extent that we can do 
that, and provide protection for our coastlines; very, very important.
  I again thank the committee for recognizing that and bringing the 
other Federal agencies together with the Army Corps of Engineers to get 
a final plan in place by June 30 for the Moriches Inlet Island plan.

                              {time}  1115

  I thank the committee tremendously for this support. This is a 
tremendous program. It deserves the support that is demonstrated in 
this bill today, and I urge my colleagues to support it, and I hope the 
President will sign it.
  Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the gentlewoman 
from California (Mrs. Tauscher), who has made a very valuable 
contribution to our committee in her service and has been a leader on 
these California water projects for the committee.
  Mrs. TAUSCHER. Madam Chairman, I thank the gentleman for those kind 
words, and I also want to thank him and the ranking member, the 
gentleman from Pennsylvania (Mr. Borski) for all their help.
  Madam Chairman, I rise in support of H.R. 1480, which has 
incorporated the Tauscher-Petri amendment to strip the controversial 
American River water supply provisions from H.R. 1480. I appreciate the 
work of the gentleman from Pennsylvania (Mr. Shuster) and the gentleman 
from New York (Mr. Boehlert) and the gentleman from California (Mr. 
Dreier) to self-execute this important amendment as part of the rule.
  As my colleagues know, H.R. 1480 traditionally funds flood control 
and port and harbor maintenance projects. This year, however, over $287 
million in municipal water supply projects were included in the bill at 
the last minute which were wrong for the American taxpayer, wrong for 
the environment and wrong for the development of long-term water policy 
in my State of California. Over the past 2 weeks I have worked hard 
with members of the Committee on Transportation and Infrastructure and 
Members of the House in general to address the implications of this 
water grab.
  The Bay-Delta in my district is the largest estuary on the West Coast 
and serves as the drinking water source for 22 million Californians. 
Moreover, it serves as a key component of the State's $24 billion 
agricultural industry. In California, water is a zero-sum game, and 
these ill-conceived projects that have been stripped out would have had 
devastating effects for water for two out of every three Californians. 
In addition, the projects were terribly expensive.
  I am pleased to have been joined by the gentleman from Wisconsin (Mr. 
Petri), Taxpayers for Common Sense,

[[Page 7845]]

Friends of the River and Friends of the Earth, and scores of other 
taxpayer and environmental organizations in effectively getting that 
message out. Officials throughout California, including Governor Gray 
Davis and Attorney General Bill Lockyer expressed extreme apprehension 
with the projects included in the bill.
  Once again, I want to thank the gentleman from New York (Mr. 
Boehlert) and others for urging the removal of those audacious 
provisions from H.R. 1480.
  At the same time, however, I must object to the concurrent removal of 
the much needed flood control for the city of Sacramento. That city 
currently has only 85 years of flood protection, making it the largest 
metropolitan area in the country without an adequate flood control 
system. That is why I urge support for the Oberstar amendment.
  Mr. SHUSTER. Madam Chairman, I yield 1 minute to the gentleman from 
New York (Mr. Walsh).
  Mr. WALSH. Madam Chairman, I thank the chairman for his leadership on 
this incredibly important bill. I would also like to thank my good 
friend and neighbor, colleague, the gentleman from New York (Mr. 
Boehlert), who chairs the subcommittee, for the hard work he has done 
in bringing this bill to fruition; also to the ranking member, the 
gentleman from Minnesota (Mr. Oberstar). I want to thank them all for 
this terrific bill. The work that they have done is remarkable, getting 
it this far, given all the traps along the way.
  The project that I am supporting has been identified by my community 
as the number one priority project, and we could not do it without the 
help of the Committee on Transportation and Infrastructure and the Army 
Corps of Engineers and the Environmental Protection Agency. This is a 
critical bill to my community, I strongly support it, and I urge all my 
colleagues to support this legislation.
  Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Madam Chairman, I thank the esteemed ranking member for 
yielding me time and I would like to congratulate the chairman of the 
subcommittee and the ranking member, as well as the full committee 
chairman and ranking member on what I consider to be an excellent Water 
Resources Development Act piece of legislation.
  This bill is vital in three major areas for my State and for many 
States across the Union. It contains investment in appropriate projects 
that are vital to the economic infrastructure and the competitiveness 
of the United States in the international economy.
  In particular, we have provided for an authorization, should all of 
the environmental reviews be adequately completed by the Corps of 
Engineers, for the Columbia River. It is vital if the port of Portland 
is to compete in the Asia Rim, that they be able to accommodate the new 
larger class of ships.
  It is vital in a number of other areas. The environment. Certainly we 
can say this is probably the most important piece of environmental 
legislation to pass this Congress. It contains money for a number of 
projects in my district: Amazon Creek; Springfield Millrace; going to 
look at nonstructural flood control alternatives for the Willamette 
River; Skinner Butte Park environmental restoration right in the heart 
of the largest city of my district; and, finally, it is good for 
salmon. It contains a large investment in a long overdue Willamette 
River temperature control project that I have been working on for 
almost a decade here in Congress. It is a large project, $65 million, 
but it will correct problems created by the Federal Government when 
those dams were constructed, which are destroying salmon runs in the 
McKenzie and Willamette Rivers.
  All in all, this is an excellent piece of legislation. It is good for 
the economy, good for the environment, and good for water resources 
across the United States.
  Mr. SHUSTER. Madam Chairman, I yield 2 minutes to the gentleman from 
Maryland (Mr. Gilchrest), the chairman of one of our subcommittees.
  Mr. GILCHREST. Madam Chairman, I too want to make some comments about 
the water bill of 1999, sort of a retroactive process.
  There are a lot of good projects in here. As the previous speaker 
mentioned, there are a number of positive environmental provisions in 
here. There are several in particular in my district. One of those 
provisions is to correct a couple of previous mistakes by the Corps of 
Engineers in Chesapeake City, where a water pipe was cut as a result of 
dredging in the C&D Canal.
  Another provision which is under evaluation to be corrected is an 
area where there is a dredge disposal site by the Corps of Engineers 
that was not managed properly and the wells of the community right now 
cannot be used as a result of the acidic leaching from that dredge 
disposal site. That will be corrected.
  There is a small community on the ocean side called Snug Harbor. 
There is going to be some effort into producing nonstructural flood 
control measures.
  And the other provision that is in the water bill, that I am very, 
very pleased with, is a study that has never been done before, not even 
by the Chesapeake Bay Program, NMFS, or Fish and Wildlife. This is a 
study to evaluate the nutrient loads into the Chesapeake Bay as a 
result of dredging across the entire bay.
  Now, the Chesapeake Bay Program, what we have funded every single 
year with millions and millions and millions of dollars tries to 
evaluate the amount of nitrogen and phosphorus and other pollutants 
that get into the bay from all kinds of sources: from air deposition, 
from agricultural runoff, from shopping plazas, from housing 
developments, from roads; all kinds of sources, with one exception, and 
that is the nutrient pollution problem from dredging. In this bill 
there is going to be an 18-month study to determine the contribution of 
pollution nutrient overloads from dredging.
  And if we are going to restore the Chesapeake Bay to the kind of 
health that is necessary for that marine ecosystem to be sustained for 
future generations, this is the kind of thing we really need to do, and 
this is in this bill and we are very pleased with it.
  Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the distinguished 
gentleman from the State of Maryland (Mr. Hoyer).
  Mr. HOYER. Madam Chairman, I thank my friend from Minnesota and the 
chairman of the committee, and I rise in support of this bill and, in 
particular, section 573, which authorizes $7 million for the Corps of 
Engineers to work with USDA, Interior, EPA, NOAA and State and local 
agencies to develop strategies for dealing with toxic microorganisms 
and the damage they inflict on aquatic ecosystems.
  I want to congratulate my friend and colleague, the gentleman from 
Maryland (Mr. Wayne Gilchrest) on his support of this provision and his 
discussions just earlier about some of the studies he has undertaken 
and his support of making sure the Chesapeake Bay is what we want it to 
be.
  Toxic microorganisms, Madam Chairman, are a serious threat. The 
summer before last, Maryland was struck by the toxic microorganism 
pfiesteria. Linked to the flow of excess nutrients and the loss of 
aquatic habitat in our waterways, toxic blooms like pfiesteria 
seriously impact regional economies and threaten sensitive aquatic 
resources.
  Several Federal agencies, including the EPA, NOAA, and the Centers 
for Disease Control presently are assisting States impacted by these 
toxic algae blooms. I have worked diligently in the past, through the 
appropriations process, to ensure that these agencies have the proper 
resources to undertake this effort. Although they have responded 
quickly and made substantial progress, no single agency is tasked with 
taking a comprehensive look at the problem and developing a master 
plan.
  Given its expertise in water resources modeling, water quality 
monitoring, watershed management and restoration, and environmental 
planning, the Corps of Engineers has a vital role to play in this 
process. Section 573 simply authorizes $7 million for the Corps' 
participation in these efforts, and I

[[Page 7846]]

urge my colleagues to support this important initiative and the bill 
itself.
  Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the delegate from 
Guam (Mr. Underwood).
  Mr. UNDERWOOD. Madam Chairman, I thank the gentleman from Minnesota 
for yielding me the time. I rise today to support the passage of H.R. 
1480 to provide for the conservation and development of water and 
related resources projects, and I wish to thank the committee's 
leadership for moving this legislation quickly, well, not quickly, but 
successfully to the House floor.
  The projects in this bill are important to the successful development 
of water-related projects across America. It helps to prepare 
communities to mitigate themselves against natural disasters and helps 
redress the destruction of storms past.
  The projects for Guam are a prime example of repairing damages that 
were inflicted by a cumulative series of storms that have devastated 
Guam over the past decade. The most recent one, Supertyphoon Paka, was 
one of the largest and more powerful storms that have hit Guam in 
recent years. It inflicted a lot of damage to individual homes and 
businesses, but, most important, it nearly destroyed the lifeline of 
our island, which is our port facilities. Seaports are the direct link 
to an island's economic development activities and without them 
communities and families suffer.
  Guam's plan to build a seawall to protect our harbor, the hardening 
of our piers, and the reconstruction of two of our largest marinas will 
help our island mitigate against any future damages caused by natural 
disasters. I might add that the development of these harbor projects 
are also very important for national defense.
  I wish to thank again the chairman of the committee, the gentleman 
from Pennsylvania (Mr. Shuster); the subcommittee chairman the 
gentleman from New York (Mr. Boehlert); as well as the two ranking 
Members, the gentleman from Minnesota (Mr. Oberstar) and the gentleman 
from Pennsylvania (Mr. Borski) for their roles in moving this 
legislation and these projects successfully to the floor.
  Mr. OBERSTAR. Madam Chairman, may I inquire as to how much time is 
remaining on our side?
  The CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 12 
minutes remaining.
  Mr. OBERSTAR. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I would like to take this opportunity to pay tribute 
to the organization frequently mentioned in debate here but almost 
never discussed, the U.S. Army Corps of Engineers. It celebrates its 
224th birthday this year. It is the Nation's oldest, largest, and most 
experienced government organization in the area of water and related 
land engineering matters. It has provided extraordinary, competent, 
lifesaving, economic development enhancing service to this country for 
two and a quarter centuries.
  Little is it known that the Corps of Engineers, among its many 
responsibilities, had jurisdiction over Yellowstone Park.

                              {time}  1130

  The Corps managed Yellowstone for 30 years. And Lieutenant Dan 
Kingman of the Corps, later to become chief of engineers, wrote:

       The plan of development which I have submitted is given 
     upon the supposition and in the earnest hope that it will be 
     preserved as nearly as may be as the hand of nature left it, 
     a source of pleasure to all who visit and a source of wealth 
     to no one.

  A fewer years later, John Muir, founder of the Sierra Club, said:

       The best service in forest protection, almost the only 
     efficient service, is that rendered by the military. For many 
     years, they have guarded the great Yellowstone Park, and now 
     they are guarding Yosemite. They found it a desert as far as 
     underbrush, grass and flowers are concerned. But, in 2 years, 
     the skin of the mountains is healthy again, blessings on 
     Uncle Sam's soldiers, as they have done the job well, and 
     every pine tree is waving its arms for joy.

  Another great American said: ``The military engineers are taking upon 
their shoulders the job of making the Mississippi River over again, a 
job transcended in size only by the original job of creating it.'' That 
was Mark Twain.
  Those two statements together pay tribute to what the Corps of 
Engineers has done so admirably and the great legacy they have left for 
all Americans protected in floods, enhanced with river navigation 
programs, and protecting the great resource of the Great Lakes, one 
fifth of all the fresh water on the face of the Earth.
  And that is the spirit in which we normally present the Water 
Resources Development Act, projects throughout our Nation to promote 
control of floods, to enhance river navigation, to protect our shores, 
to protect and restore the environment, to enhance navigation.
  And that is mostly what this bill before us does today, with one 
flaw. It fails to give the capital of the world's sixth largest 
economy, the City of Sacramento, the flood protection it needs and 
deserves.
  This deficiency comes from a dispute between two parts of the State 
of California that has resulted in flood control at Sacramento being 
held hostage for almost a decade. The amendment made in order by the 
self-executing rule, and which is now adopted because the rule has been 
adopted, gives the City of Sacramento only 117 years of flood 
protection, and that is the estimate of the Corps of Engineers in their 
1997 analysis.
  That is significantly less than the protection given cities of 
comparable size, the nearly 200 to 500 years protection for Santa Ana, 
Tacoma, New Orleans, St. Louis, Dallas, Kansas City, Omaha. Surely 
Sacramento deserves as much flood protection as those cities.
  Today some 400,000 residents in Sacramento face an unacceptable risk 
of flood; 160,000 residential structures are in the flood plain in the 
capital city, 5,000 businesses, 1,200 government facilities, with an 
estimated value of $37 billion. The 55,000-acre flood plain includes 
seven of the nine major hospitals in the region and 130 schools.
  Potential losses from flood in the City of Sacramento range from $7 
billion to $16 billion depending on the size of the flood. Even at the 
lower end of the scale, flood losses in Sacramento would be comparable 
to the losses experienced in the Northridge earthquake a few years ago, 
to date the single largest disaster in U.S. history.
  Now, I do not say these words and make those comments in the 
abstract. I have traveled several times to Sacramento. I have bicycled 
along the flood protection walls of the American River. I have traveled 
to Folsom Dam and further up river to the site once planned and once 
development begun on the Auburn Dam proposal by the Bureau of 
Reclamation. I understand what is at stake here.
  Linking flood protection for Sacramento and reallocation of water 
through a new dam at Auburn has been in the works for many, many years. 
But the Bureau of Reclamation already stubbed its toe to the tune of 
$250 million developing the base for a dam right on the fault line of a 
major earthquake region in the upper reaches of the American River.
  The Auburn Dam has already been rejected by the House in 1992 in a 
vote of 273-140. And it was rejected in 1996 in our Committee on 
Transportation and Infrastructure in a vote of 28 ayes, 35 nays. There 
is no reason to believe the vote would be any different today.
  So why could we not have just simply accommodated whatever water 
resource needs there may be for the upper reaches of the American 
River, and at the same time provide Sacramento its requested 200-year 
flood protection, and have done it in this bill?
  I had an amendment in committee to do that. I offered the amendment 
in committee to make the adjustments to Folsom, to widen the outlets so 
the gates can discharge more water, raise the level of the dam to allow 
more water to be discharged in advance of midwinter melt from the 
Sierra Nevada Mountains, where they get as much as 30 feet of snow and 
often have midwinter rains that cause not only runoff but melt, to 
accommodate that

[[Page 7847]]

runoff, accommodate in a larger basin and protect Sacramento and its 
residents and facilities, and also improve the levees at Sacramento to 
accommodate that increased runoff.
  The amendment was defeated on a straight party-line vote. And now we 
come to the floor with this legislation that does not do what 
Sacramento truly deserves and, as the gentleman from California (Mr. 
Matsui) said, does not really provide the water resources needs of the 
upper reaches of the American River Valley area.
  There were several arguments made about the amendment that I offered. 
One was that the levee strengthening proposed for Sacramento in my 
amendment would create unacceptable risks to areas downstream. But that 
objection fails on closer scrutiny.
  The Army Corps of Engineers analyzed that argument and rejected it. 
The Corps specifically stated this: ``Additional protection can be 
provided without adversely affecting the reaches below the mouth of the 
American River without project conditions.''
  The Corps' plan includes several different structural and operational 
modifications to ensure that no flood threat is transferred to 
downstream interests. In addition, I talked with the City of 
Sacramento. They have committed to spend $100 million to mitigate any 
possible further adverse effects downstream.
  Finally, my amendment specifically required that measures to increase 
the capacity of the levees be undertaken only after downstream 
mitigation features will have been constructed.
  So absent any objective, substantive reason for opposition to the 
Sacramento amendment, I am left only to surmise that the real basis for 
opposition was the desire by upstream interests to withhold flood 
protection from Sacramento in hope that the Auburn Dam at some future 
time could be revived or that some alternative, far more expensive yet 
unstudied water distribution plan be enacted.
  That is not the way to conduct the water resources business of the 
country. And while I am not prepared to accept this legislation as it 
is to go forward with the bill on the floor, the bill before us, I will 
not relent in my purpose of providing for Sacramento the protection 
that it rightly deserves and to address in a rational and responsible 
manner the water resources requirements upstream of Sacramento in an 
appropriate time frame.
  We should not hold Sacramento hostage. We will have to come back at 
another time to address this issue. And I am confident that at that 
future time we will treat the lives and the property of the residents 
of Sacramento in an appropriate and responsible manner, as this 
committee has always done, absent these extraneous considerations.
  Mr. BOEHLERT. Madam Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from New York.
  Mr. BOEHLERT. As the gentleman from California (Mr. Matsui) and the 
endless flow of visitors from Sacramento can attest, this Chair of this 
subcommittee is determined to work cooperatively to provide the maximum 
level of protection for Sacramento. That is a commitment.
  Secondly, let me point out, we are nearly doubling the level of 
protection in this bill, as the gentleman from California (Mr. Matsui) 
himself has indicated, from 77 to 137 years, and we are studying the 
feasibility and practicability and affordability of additional 
measures. So we will continue to work together to protect Sacramento.
  Mr. OBERSTAR. Madam Chairman, I look forward to that happy outcome.
  Mr. SHUSTER. Madam Chairman, I am pleased to yield such time as he 
may consume to the gentleman from California (Mr. Herger).
  Mr. HERGER. Madam Chairman, I would like to thank Chairman Shuster, 
Speaker Hastert, and the other members of the leadership for their 
invaluable assistance in reaching a final compromise for our California 
area flood control. The compromise that is included in this bill is a 
win for those of us who have sought sincere dialogue and consensus in 
California flood control issues. More importantly, however, this 
legislation is also a partial win for northern California. I can 
testify from personal experience that California has a very real need 
for increased flood protection. For example, just two years ago the 
district I represent in norhtern California suffered a horrendous 
tragedy as a result of an inadequate flood control system. On January 
2nd, 1997, a levee in my district near the community of Arboga suddenly 
broke, and as a result, three people drowned. This tragedy could have 
been avoided if flood control officials had been allowed to complete 
repairs on the levee when the problem was first acknowledged six years 
earlier. In 1955, almost directly across the river from the Arboga 
break, another levee broke and this time flooded Yuba City. However, 
instead of three people losing their lives 37 people died. Mr. Speaker 
and members, we have a natural phenomenon in California where heavy 
snowfall in the Sierra Nevada Mountains, followed by warm rains results 
in an overwhelming amount of water that flows into our Sacramento River 
Valley. There is no levee system in the world that can handle this kind 
of extreme flows. Until we build a flood control structure that can 
hold back this overwhelming flow of water and release it in a 
controlled manner, our levees are set up to fail. As California's first 
State Engineer, William Hall, said, ``There are two types of levees, 
those that have failed and those that will.'' This legislation provides 
$26.6 million to complete flood control repairs along the Yuba River 
basin, but regrettably, it won't be enough. I hope and pray that it 
will not take another great tragedy before we are allowed to proceed 
with the development of a structure that can hold back these waters. 
Next time, it may not be just three or even 37 people who drown, but 
rather, if a levee breaks in Sacramento or in my Marysville and Yuba 
City area, we could be talking about thousands of people drowned by 
this type of flooding. I do, however, want to commend my colleagues, 
Mr. Doolittle, Mr. Matsui, Mr. Pombo and Mr. Ose for their hard work in 
reaching this historic compromise for further flood protection in our 
northern California area in a responsible manner. I therefore urge my 
colleagues to support this legislation and vote in favor of the 1999 
Water Resources Development Act.
  Mr. SHUSTER. Madam Chairman, I yield myself such time as I may 
consume.
  I wish to emphasize, Madam Chairman, that with the passage of this 
legislation today, it will represent the 21st piece of legislation that 
the Committee on Transportation and Infrastructure of the House has 
brought to the floor and has seen passed.
  In addition, thus far, six of our bills of the 21 pieces of 
legislation that have come to the floor have been signed into law, 
representing 25 percent of the public laws which have been signed into 
law thus far this year.
  So the Committee on Transportation and Infrastructure is moving 
vigorously to bring important legislation to the floor. And I certainly 
want to compliment, on a bipartisan basis, the leadership on the other 
side of the aisle as well as my colleagues on our committee who have 
made this possible.
  I want to particularly, in addition, recognize Dr. Joe Westphal, the 
Assistant Secretary of the Army, for the valuable steps that he set in 
motion last fall so that we could proceed; the water experts in the 
Corps of Engineers, especially Mr. Bob Childs in the Corps' Sacramento 
office, who has certainly made a major contribution; and to Mr. Dave 
Mendelsohn and Curt Haensel in our Legislative Counsel's Office for 
their expertise, patience, and undying efforts.
  Jack Schenendorf, our chief of staff, is without fear, in my 
judgment. There never has been a more competent chief of staff in the 
history of the Congress that I am aware of, in my judgment.
  I want to thank our water staff for the excellent work which they 
have done: Ben Grumbles, Jeff More, Carrie Jelsma on the Republican 
staff, Ken Kopocis, and Art Chan on the Democratic staff.
  I would also like to thank John Anderson, the detailee of the 
Committee on Transportation and Infrastructure from the Corps of 
Engineers, for his fine work.
  But the one person who needs to really be singled out for his superb 
work on the Sacramento River and American River issues, that person is 
Mike Strachn. His outstanding knowledge of water resource programs and 
his high standard of professionalism were of tremendous benefit to all 
Members of the House as we tried to work out these difficult issues. 
His efforts were in the highest tradition of the House and certainly 
has set an example for all staffs.

[[Page 7848]]



                              {time}  1145

  I want to compliment all the individuals on both sides of the aisle, 
both Members and staff, as well as the administration, who were 
involved in bringing us to this point today to be able to bring this 
very important national bipartisan legislation to the floor. I urge its 
passage.
  Mrs. FOWLER. Madam Chairman, today, I rise in strong support of the 
Water Resources Development Act of 1999.
  This bill authorizes vital projects for our nation's coast line and 
the shoreline of our rivers and tributaries, for dredging in our 
nation's harbors, and for flood control throughout our States.
  My district includes over 100 miles of coastline, several ports and 
navigation channels. It is easy to understand how important this bill 
is to my district.
  The corps projects authorized in this bill will protect and create 
avenues of commerce and transportation. Improvements to our harbors are 
necessary to open up access to our ports and enhance international 
trade. It is imperative to continue projects that preserve property and 
protect our beaches. Shore protection projects are particularly 
important to Florida and I applaud the committee's work in 
understanding the need for preserving our beaches--something that the 
administration has failed to do.
  This bill protects and maintains our vast and crucial water resources 
not just in my district but, across the country.
  I encourage my colleagues to join me in supporting this important 
legislation.
  Mr. EVERETT. Madam Chairman, I rise in strong support of the Water 
Resources Development Act (H.R. 1480). This long overdue legislation 
authorizes important civil works projects of the Army Corps of 
Engineers to address critical water resource and management issues 
facing the Nation. This $4.2 billion national investment in flood 
control, navigation, and water quality initiatives goes a long way in 
meeting the water resource needs in virtually every part of the 
country.
  In Alabama, we are blessed with many river systems that contribute 
significant environmental, commercial, and recreational benefits to the 
State and southeastern region. The Alabama/Coosa/Tallapoosa and the 
Appalachicola/Chattahoochee/Flint river systems both flow through my 
district and are important navigable waterways that, in addition to 
enhancing the environment, help drive the economy. This legislation 
continues to provide the Corps of Engineers with the necessary funds to 
continue the operation and maintenance of these systems.
  Of particular note in my own district in southeast Alabama, flooding 
has been a problem. In the past decade, Coffee and Geneva counties have 
been subjected to three major floods that forced the evacuation of the 
towns of Elba and Geneva. The flooding resulted from heavy tropical 
storms and hurricanes, which are seasonal occurrences, and caused these 
old and outdated levees to fail. I am pleased that this legislation 
includes funds to rebuild both of these two levees to modern standards. 
Section 520 authorizes $12.9 million to repair and rehabilitate the 
Elba levee and section 521 authorizes $16.6 million to repair and 
rehabilitate the Geneva levee.
  It's important that we move this overdue authorization forward, so I 
encourage the adoption of this measure in order to go to conference 
with the Senate to arrive at a final reauthorization bill for these 
water resource projects.
  Mr. CRANE. Madam Chairman, I just wanted to take this opportunity to 
commend and thank the members of the Transportation and Infrastructure 
Committee, and its Subcommittee on Water Resources and Environment, for 
the good work they have done in assembling this year's version of the 
Water Resources Development Act (WRDA). As reported, H.R. 1480 
authorizes numerous flood control, navigational improvement, beach 
restoration and ecosystem enhancement projects that will be of 
significant benefit to millions of Americans.
  Let me cite one example with which I am particularly familiar. 
Thirteen years ago, the Des Plaines River, which flows through my 
congressional district in northeastern Illinois, went on a rampage, 
flooding over 10,000 homes and businesses, forcing 15,000 people to 
flee to drier ground, and causing at least $35 million in damages. A 
year later, there was another major flood along the Des Plaines and 
several times since the waters of that river have spilled over their 
banks. Just this past week, in fact, residents in the area were 
reminded of the threat posed by the Des Plaines, when a pair of 
rainstorms caused the river to crest 1.4 feet above flood stage in 
Gurnee, IL.
  Much to my relief, and not just to mine alone, sections 101 and 408 
of H.R. 1480 address this flood threat by authorizing (subject to the 
timely completion of the final Corps of Engineers report) the 
construction of the first phase of the Des Plaines River Flood Control 
Project and an expanded study of the options for Phase II. Assuming 
their wording remains unchanged and H.R. 1480 is enacted into law, 
those provisions will allow the Corps of Engineers to proceed 
expeditiously with work on three floodwater storage areas, the 
construction of a pair of levees, the raising of an existing dam and 
development of additional flood control alternatives. As a result, a 
25-percent reduction in Des Plaines River flood damages can be expected 
when the authorized construction work is complete, the benefits of 
which are anticipated to exceed the costs by a ratio of 1.7 to 1. 
Furthermore, the groundwork will have been laid for the implementation 
of additional flood prevention and/or reduction measures.
  In short, these efforts to mitigate, if not eliminate, flood damages 
along the Des Plaines are a win-win proposition. Thousands of people in 
the northern Chicago suburbs will profit because they will not suffer 
the same, or as severe, disruptions as they have in the past and 
millions of taxpayers will benefit because they are less likely to be 
asked to repair the damages that future flooding episodes would 
otherwise cause. Moreover, the same can be said for a number of the 
other projects in the bill, one reason being that, much to its credit, 
the U.S. Army Corps of Engineers takes very seriously its obligation to 
determine that water-resource projects under its jurisdiction have a 
favorable benefit-to-cost ratio. Also, it should be noted that H.R. 
1480 contains a number of provisions aimed at making future flood 
control and water resource projects as environmentally friendly as 
possible.
  To sum up, what we have before us today is a long-awaited bill which 
authorizes projects that promise substantial and cost-effective returns 
on the financial investment being made in them. With that thought very 
much in mind, let me reiterate my thanks to our Transportation and 
Infrastructure colleagues for bringing this WRDA99 bill before us today 
and let me urge my colleagues in the House to give H.R. 1480 their full 
support. It deserves no less.
  Mr. VENTO. Madam Chairman, I would like to express my thanks and 
appreciation to the Transportation and Infrastructure Committee 
Chairman Bud Shuster and Ranking Member Jim Oberstar, and Water 
Resources and Environment Subcommittee Chairman Sherwood Boehlert and 
Ranking Member Robert Borski for their hard work and tireless effort to 
pass this long overdue and much needed legislation. I would also like 
to thank ranking member and friend Jim Oberstar for his special effort 
in providing the authorization needed to implement an important 
educational tool for the residents of Minnesota, the Mississippi Place. 
The Mississippi Place would bring together the Army Corps of Engineers, 
the U.S. Geological Survey, the Environmental Protection Agency and 
NASA to offer the nation an opportunity to develop a more complete 
understanding of the unique resource which the Upper Mississippi River 
System represents. Located on the banks of the Mississippi River in 
downtown St. Paul, Mississippi Place will provide these Federal 
entities an opportunity to partner with State, local, and educational 
institutions in providing the public with real time learning 
opportunities on important issues affecting the river. In addition, the 
Corps and the USGS will operate Mississippi River monitoring stations 
at Mississippi Place for practical research purposes while still being 
accessible to the public. Once again, I would like to thank my 
colleagues for their efforts in finally crafting this bipartisan 
legislation.
  Mr. CASTLE. Madam Chairman, I have some serious concerns with the 
potential environmental and economic ramifications of the project 
authorized to deepen the Delaware River ship channel from 40 to 45 
feet. I had prepared a number of amendments to address some of these 
concerns, but I have agreed to withhold them with the assurance from 
the chairman that we will address these concerns by working together as 
the process moves forward. It is essential that as this project moves 
forward, it does so in an environmentally and economically sound 
manner.
  First, let met state that I am concerned with the environmental 
consequences that the project may have on the State of Delaware. I have 
heard from many of my constituents and there remains many unanswered 
questions that the Army Corps of Engineers has yet to address to 
Delaware's satisfaction.
  I am concerned with the authority clarified in this bill to allow the 
local sponsor--the Delaware River Port Authority--to operate a revenue 
generating dredge spoil disposal operation that is designed to import 
dredge

[[Page 7849]]

spoils--that could be contaminated--and dump them at sites along the 
Delaware River. The Army Corps of Engineers requires a permit for this 
disposal with checks and balances to prevent environmentally unsafe 
disposal of the dredge spoils. Even so, it would be a great comfort to 
me to know that the Delaware Department of Natural Resources and 
Environmental Control (DNREC) has approved the details because there 
are many different ways to dispose of dredge spoils, each with a 
different degree of environmental protection. The method chosen needs 
to meet Delaware's standards because Delawareans living near these 
sites are the most at risk.
  Furthermore, I want to make absolutely certain that the Coastal Zone 
Management consistency provisions apply to Federal activities relating 
to the Delaware River channel deepening project. DNREC has given its 
approval conditioned upon a list of requirements being met, however 
this conditional approval is not final approval as some have suggested 
in public meetings. The Army Corps of Engineers has given me assurances 
that they are fully aware they must meet the growing list of 
requirements before consistency approval from Delaware is effective.
  Third, while this project has been authorized since 1992, last week, 
just prior to committee consideration of this bill, section 347 was 
included in this bill to relocate a portion of the channel along the 
Camden area. It is my understanding that this portion has been 
relocated to deeper water that will not require any dredging or 
disruption of the existing soils. In fact, this shift in the channel 
will make the project less expensive for the taxpayer because the Army 
Corps of Engineers will not have to dredge there. This is an 
encouraging development, but there should be more public notice for 
stakeholders and efforts made to inform the congressional delegations 
involved about changes to the project as originally authorized.
  Madam Chairman, I also have concerns about the economic risks of this 
project to the American taxpayer. According to the Army Corps of 
Engineers benefit-cost analysis, over 80 percent of the benefits have 
been attributed to six oil facilities along the river channel. However, 
none of the benefitting oil companies have directly indicated outright 
support for the project. Although they are not legally required to 
commit to spending their own capital dollars to deepen their own berths 
to take advantage of a deeper channel, it seems prudent for Congress or 
the Army Corps of Engineers to seek assurances that they will make 
those expenditures before $300 million in taxpayer funds are committed 
to building the channel.
  In light of these financial concerns, it seems particularly important 
that Congress reinforce the intent of Congress in 1992 when the project 
was first authorized. Report 102-842 accompanying the Water Resource 
Development Act of 1992 states on page 12:

       Committee comments.--The Committee believes that the non-
     Federal cost of the channel deepening should be funded by 
     water transportation users, not surface transportation users. 
     The Committee urges the Delaware River Port Authority to make 
     every effort to ensure that the non-Federal cost of the 
     project is borne by water transportation users.

  There has been some discussion of bridge toll receipts being raised 
to help fund the non-Federal cost--$100 million. Although report 
language is not binding, raising bridge tolls would appear to violate 
the committee's intent. Before the Delaware River Port Authority raises 
bridge tolls, at a minimum it should demonstrate its efforts to raise 
the funds from water transportation users.
  We must make sure that those projects Congress chooses to finance 
give Americans a sufficient return both on their tax dollar investment 
and their investment of natural resources. I look forward to continuing 
to address these fiscal and environmental concerns.
  Mr. MOORE. Madam Chairman, I rise in support of the managers' 
amendment to H.R. 1480, the Water Resources Development Act of 1999, 
and in support of the underlying legislation.
  I want to take this opportunity to thank publicly House 
Transportation Infrastructure Chairman Bud Shuster of Pennsylvania and 
ranking Democrat Jim Oberstar of Minnesota for their assistance in 
adding to the managers' amendment language I requested authorizing a 
badly needed flood control project for Turkey Creek Basin in Kansas 
City, MO, and Kansas City, KS.
  This language also is included in S. 507, the Senate companion 
measure to H.R. 1480, which passed the other body by voice vote on 
April 19. This project is of significant importance to my congressional 
district. Turkey Creek flows from its urbanized drainage basis in 
Johnson County, KS, and into Kansas City, MO, and the Kansas River. 
Severe flooding has occurred along the basin, most recently in 1993 and 
again in 1998. An improvement plan has been prepared in partnership 
with the U.S. Corps of Engineers. This project will provide vitally 
needed protection for commercial and industrial areas in both cities. I 
hope that Congress also will approve later this year an appropriation I 
am seeking to complete design work on this project.
  Once again, Madam Chairman, I commend the bipartisan leadership of 
the Transportation and Infrastructure Committee for bringing this 
important legislation to the House floor and my constituents and I very 
much appreciate their timely responsiveness to this request.
  Mr. RILEY. Madam Chairman, I had planned to offer an amendment today 
that would have expressed the Sense of Congress that any water 
agreement entered into between the States of Alabama, Georgia, and 
Florida should comply with existing Federal environmental water quality 
protection laws as they are presently written. At the Committee's 
request, I have decided not to offer my amendment, with the 
understanding that Chairman Shuster has pledged to work with me to 
identify an appropriate legislative vehicle for my proposal.
  I would like to clarify that my amendment would not have altered or 
expanded the Clean Water Act, it simply urged the States to ensure that 
water quality should be considered within the scope of all water 
quantity negotiations as consistent with current Federal law. We need 
to emphasize that the citizens of these States deserve to have not only 
the proper quantity of water they need, but also the highest quality of 
water.
  Mr. SHAW. Madam Chairman, I rise today in support of the Water 
Resources Development Act of 1999.
  I represent a district in South Florida with over 90 miles of 
coastline, and 100 miles of Intracoastal Waterway, so water projects 
are very important to my constituents. I commend Chairmen Shuster, 
Boehlert, and all of the members of the Water Resources Subcommittee 
for their perseverance in getting this bill to the floor.
  One issue of much concern to my constituents is the continued 
participation of the federal government to renourish beaches. Despite 
the Administration's decision to abandon coastal communities across the 
country, for three years the Committee has continued to ensure adequate 
funding levels for desperately needed projects. When the Committee 
finally decided to adjust the cost share formula for new construction 
projects, I am grateful they provided for a phased-in approach over 
three years. This will give local sponsors the chance to prepare for a 
reduced federal share. I am optimistic that the change will provide the 
needed motivation to the Clinton Administration to send a realistic 
budget to the Congress next year, with sensible funding levels for 
shore protection.
  On a related topic, I am most grateful to the Committee for including 
a provision in H.R. 1480 that will allow Broward County, Florida to be 
reimbursed for the federal portion of their beach renourishment project 
in two phases. Although this language was not included in the Senate 
version, I hope the language will be included in the final conference 
report.
  Finally, the Committee is also to be commended for their willingness 
to assist the Florida congressional delegation on the Everglades 
restoration effort. Three provisions in the bill relating to land 
acquisition and the extension of critical projects authority will 
ensure the program moves forward unimpeded.
  Madam Chairman, I urge my colleagues to vote for this bill.
  Mr. BEREUTER. Madam Chairman, this Member rises in support of H.R. 
1480, the Water Resources Development Act of 1999.
  This Member would like to begin by commending the distinguished 
gentleman from Pennsylvania [Mr. Shuster], the Chairman of the 
Transportation and Infrastructure Committee, the distinguished 
gentleman from Minnesota [Mr. Oberstar], the ranking member of the 
Transportation Committee, the distinguished gentleman from New York 
[Mr. Boehlert], the Chairman of the Water Resources and Environment 
Subcommittee, and the distinguished gentleman from Pennsylvania [Mr. 
Borski], the ranking member of the Subcommittee, for their 
extraordinary work in developing this bill and bringing it to the 
floor. This Member appreciates their diligence, persistence, and hard 
work.
  This important legislation includes numerous projects designed to 
improve flood control, navigation, and shore protection. It also 
promotes environmental restoration and protection efforts across the 
nation.
  In particular, this Member is pleased that the bill includes a 
provision he promoted which helps to ensure that the Missouri River 
Mitigation Project can be implemented as envisioned. In 1986, Congress 
authorized over

[[Page 7850]]

$50 million (more than $79 million in today's dollars if adjusted for 
inflation) to fund the Missouri River Mitigation Project to restore 
fish and wildlife habitat that were lost due to the construction of 
structures to implement the Pick-Sloan plan. At that time the Corps did 
not choose to include funding requests for implementing that Act in 
their budgeting process. That is why this Member, along with other 
Members who represent the four states bordering the channelized 
Missouri River (Nebraska, Iowa, Kansas and Missouri), have worked to 
provide funding to implement the Missouri River Mitigation Project 
which has just begun to become a reality during the last few years.
  This project is specifically needed to restore fish and wildlife 
habitat lost due to the Federally sponsored channelization and 
stabilization projects of the Pick-Sloan era. The islands, wetlands, 
and flat floodplains that are needed to support the wildlife and 
waterfowl that once lived along the river are dramatically reduced. And 
estimated 475,000 acres of habitat in Iowa, Nebraska, Missouri and 
Kansas have been lost because of Federal action in creating the flood 
control projects and channelization of the Missouri River. Today's 
fishery resources are estimated to be only one-fifth of those which 
existed in pre-development days.
  The success of the project has resulted in a concern related to the 
original study that outlined habitat needs. Under this study, acreage 
goals for each state were listed and these goals are generally 
considered to be an acreage limitation for each state. Nebraska and 
Kansas have already reached their acreage limits and Missouri is fast 
approaching its ceiling. Before long, Iowa will also reach its acreage 
limit.
  To correct this problem, H.R. 1480 authorizes an increase in 
mitigation lands authorized to the four states to 25% of the lands 
lost, or 118,650 acres. In addition, the Corps of Engineers--in 
conjunction with the four states--is directed to study the amount of 
funds that would need to be authorized to achieve that acreage goal.
  This Member is also pleased that H.R. 1480 also includes a provision 
which provides for the completion of the Wood River Flood Control 
Project. When completed, this important project in Nebraska's Third 
Congressional District will provide protection for an estimated 1,755 
home and business structures in southern Grand Island, Nebraska. It is 
also expected to protect more than 5,000 acres of irrigated farmland 
and 7,000 to 8,000 acres of grassland.
  Madam Chairman, this Member urges his colleagues to support H.R. 
1480, the Water Resources Development Act of 1999.
  Mr. GARY MILLER of California. Madam Chairman, I rise today in strong 
support of H.S. 1480, the ``Water Resources Development Act.''
  The bill authorizes $4.2 billion for projects and programs of the 
Army Corps of Engineers civil works program.
  It responds to pressing water infrastructure priorities, policy 
initiatives to update existing water resources programs,and 
opportunities to restore, protect, and enhance the aquatic environment.
  Specifically, H.R. 1480 authorizes 95 new water resources projects, 
modifies 66 existing authorized projects, and authorizes the Corps. to 
conduct 26 studies to address a variety of water resources problems and 
opportunities.
  The bill, Madam Chairman, is extremely important to my district, 
especially to the Chino Dairy Preserve in California.
  The bill calls upon the Secretary of the Army, in coordination with 
the heads of other Federal agencies, to provide technical assistance to 
State and local agencies in the study, design, and implementation of 
measures for flood damage reduction and environmental restoration and 
protection in the Santa Ana River Watershed, with particular emphasis 
on structural and nonstructural measures in the vicinity of the Chino 
Dairy Preserve.
  H.R. 1480 also calls upon the Secretary to conduct a feasibility 
study to determine the most cost-effective plan for flood damage 
reduction an environmental restoration and protection in the vicinity 
of the Chino Dairy Preserve, Santa Ana River Watershed, Orange County, 
and San Bernardino County, California.
  I wish to extend my deep appreciation for the leadership shown by 
Chairman Shuster, Ranking Member Oberstar, Subcommittee Chairman 
Boehlert and Ranking Member Borski in drafting this important piece of 
legislation.
  I ask my colleagues to vote for H.R. 1480.
  Mr. WELLER. Madam Chairman, I rise today in support of H.R. 1480, the 
Water Resources Development Act. This important legislation includes a 
provision that will advance a flood control project important to 
thousands of my constituents and many residents of Chicago's South 
Suburbs. H.R. 1480 will advance the construction of the Thornton 
Reservoir, which is located in my Congressional District, through an 
innovative approach allowing the Metropolitan Water Reclamation 
District of Greater Chicago to work with the Natural Resources 
Conservation Service to build a transitional reservoir for Thorn Creek. 
Because of this project, my constituents in the South Suburbs of 
Chicago will see the much needed benefits of flood control more than a 
decade earlier than previously anticipated by the Army Corps of 
Engineers.
  The innovative approach included in H.R. 1480 will allow the 
Metropolitan Water Reclamation District of Chicago to secure credit for 
the advance work which is critical to the development of the permanent 
Thornton Reservoir. The approach couples early protection with local/
federal partnering resulting in significant benefits to area 
communities.
  Frequent flooding has been a constant problem in the Chicago area. 
This has consistently been the cause of disruptions in major 
expressways, as well as rainwater and raw sewage back up into the 
basements of over 500,000 homes. The solution comes from the Tunnel and 
Reservoir Plan (TARP) through an intricate system of underground 
tunnels, pumping stations and storage reservoirs used to control this 
flooding and combined sewage pollution in the Chicago Metropolitan 
Area. The Thornton Reservoir is a crucial component of the TARP 
project. Once completed, the Thornton Reservoir will provide 5 billion 
gallons of floodwater storage. The reservoir will have a service area 
of 91 square miles and will provide flood relief to 131,000 dwellings 
in 18 communities.
  The continuation of the TARP project and the Thornton Reservoir is 
important to 500,000 families in Chicago's South Suburbs. I urge my 
colleagues to support H.R. 1480.
  Mr. BARRETT of Nebraska. Madam Chairman, I'm excited to rise in 
strong support for the Water Resources Development Act today. Three 
words can sum up my thoughts--finally, finally, finally!
  This Water Resources bill contains a reauthorization for the Wood 
River/Warm Slough flood control project in Grand Island, Nebraska. The 
residents of Grand Island and I have been working on reauthorization 
and waiting for an opportunity to move it since 1997. Their patience 
has been tested, but I'm pleased I'm going to be able to report good 
news today.
  Construction of the Wood River project was originally authorized in 
the 1996 Water Resources Development Act. Soon after the initial 
authorization, the Army Corps of Engineers had to revise its cost 
estimates for the project. The revision increased the cost by more than 
20 percent, thus requiring congressional review and reauthorization.
  The project eventually will provide flood protection for more than 
1,700 structures in Grand Island and protect 5,000 acres of irrigated 
cropland. The project also will enhance wildlife habitat for many 
species, including the endangered Whooping Crane, and provide 
opportunities for wetlands development.
  This is a good project that deserves our support. I wish to extend my 
sincere appreciation to the Transportation Committee for expeditiously 
moving this bill this spring. And thank you very, very much for your 
work on behalf of the residents of Grand Island, Nebraska.
  Mr. KIND. Madam Chairman, I rise today as a co-chair of the upper 
Mississippi River congressional task force, in support of the upper 
Mississippi environmental management program which is part of WRDA 99.
  The EMP is designed to evaluate, restore and enhance river and 
wetland habitat along a 1200 mile stretch of the upper Mississippi and 
Illinois Rivers. It is a cooperative effort among the U.S. Fish and 
Wildlife Service, the U.S. Geological Service, the Army Corps of 
Engineers and the 5 upper Mississippi River basin States.
  The EMP has always had bipartisan support in Congress and the five 
midwestern States. I, along with Mr. Oberstar, Mr. Gutknecht and Mr. 
Leach co-chair the 16 member upper Mississippi River congressional task 
force, which strongly supports expansion of the EMP.
  WRDA 99 authorizes funding of $33.17 million each year for EMP.
  EMP was established in 1986 by my predecessor Steve Gunderson. At the 
time EMP was only authorized for 15 years. This WRDA bill gives EMP a 
permanent authorization. In the past EMP projects faced funding 
challenges due to the uncertain future of the program. With adequate 
funding and permanent authorization the EMP will be able to continue 
it's outstanding work protecting this great natural resource.
  The EMP is vital to the environmental and economic well being of the 
Mississippi River, and it enjoys strong bipartisan support throughout 
the upper Mississippi region.
  Navigation along the upper Mississippi River supports 400,000 full 
and part-time jobs, which

[[Page 7851]]

produces over $4 billion in individual income. Recreation use totals 12 
million visitors each year and 1.2 billion in direct and indirect 
expenditures annually. Communities along the river from St. Paul, 
Minnesota to St. Louis, Missouri are striving to enhance the river. The 
EMP helps to rehabilitate the natural areas up and down the river.
  I urge the Members to support WRDA and the Environmental Management 
Program, and I thank the chairman for the time.
  Mr. HILLEARY. Madam Chairman, I want to thank the distinguished 
Chairman of the Transportation and Infrastructure Committee for his 
cooperation and assistance in addressing an important concern in my 
district.
  I appreciate that the chairman's manager's amendment includes 
language to allow the Corps of Engineers to conduct a feasibility study 
on improvements to a regional water supply for Cumberland County, 
Tennessee.
  Water Supply has become a critical concern on the Cumberland Plateau. 
Recent growth and development throughout this region has placed extreme 
pressure on the six county water utility districts in Cumberland County 
and the City of Crossville to expand water supplies.
  The Tennessee Department of Environment and Conservation worked with 
the water utility districts and local officials within Cumberland 
County to form a regional water planning partnership to work together 
to address their mutual problem.
  By working together in this partnership, they will be able to resolve 
water issues, avoid and reduce impacts to natural streams and save time 
and taxpayers' money.
  At the request of local and state officials, the Army Corps of 
Engineers conducted a regional water supply study. This Preliminary 
Engineering Report was completed earlier this year and provides 
Cumberland County residents with innovative alternatives for a water 
supply through the year 2050. This ``state of the art'' model can be 
used as a process for other local governments to effectively plan the 
use of their region's water resources.
  The manager's amendment will help this rapidly growing county by 
allowing them to continue into the next phase of the process in solving 
their long-term water supply needs.
  Again, I want to thank Chairman Shuster for his assistance and urge 
all my colleagues to support his amendment and the entire bill.
  Mr. SHUSTER. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill, modified by the amendments printed in 
part 1 of House Report 106-120, is considered as an original bill for 
the purpose of amendment under the 5-minute rule and is considered 
read.
  The text of the committee amendment in the nature of a substitute, as 
modified, is as follows:

                               H.R. 1480

         Be it enacted by the Senate and House of Representatives 
     of the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 1999''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.

                   TITLE I--WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small projects for improvement of the environment.
Sec. 106. Small aquatic ecosystem restoration projects.

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Small flood control authority.
Sec. 202. Use of non-Federal funds for compiling and disseminating 
              information on floods and flood damages.
Sec. 203. Contributions by States and political subdivisions.
Sec. 204. Sediment decontamination technology.
Sec. 205. Control of aquatic plants.
Sec. 206. Use of continuing contracts required for construction of 
              certain projects.
Sec. 207. Support of Army civil works program.
Sec. 208. Water resources development studies for the Pacific region.
Sec. 209. Everglades and south Florida ecosystem restoration.
Sec. 210. Beneficial uses of dredged material.
Sec. 211. Harbor cost sharing.
Sec. 212. Aquatic ecosystem restoration.
Sec. 213. Watershed management, restoration, and development.
Sec. 214. Flood mitigation and riverine restoration pilot program.
Sec. 215. Shoreline management program.
Sec. 216. Assistance for remediation, restoration, and reuse.
Sec. 217. Shore damage mitigation.
Sec. 218. Shore protection.
Sec. 219. Flood prevention coordination.
Sec. 220. Annual passes for recreation.
Sec. 221. Cooperative agreements for environmental and recreational 
              measures.
Sec. 222. Nonstructural flood control projects.
Sec. 223. Lakes program.
Sec. 224. Construction of flood control projects by non-Federal 
              interests.
Sec. 225. Enhancement of fish and wildlife resources.
Sec. 226. Sense of Congress; requirement regarding notice.
Sec. 227. Periodic beach nourishment.
Sec. 228. Environmental dredging.

                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 301. Missouri River Levee System.
Sec. 302. Ouzinkie Harbor, Alaska.
Sec. 303. Greers Ferry Lake, Arkansas.
Sec. 304. Ten- and Fifteen-Mile Bayous, Arkansas.
Sec. 305. Loggy Bayou, Red River below Denison Dam, Arkansas, 
              Louisiana, Oklahoma, and Texas.
Sec. 306. Sacramento River, Glenn-Colusa, California.
Sec. 307. San Lorenzo River, California.
Sec. 308. Terminus Dam, Kaweah River, California.
Sec. 309. Delaware River mainstem and channel deepening, Delaware, New 
              Jersey, and Pennsylvania.
Sec. 310. Potomac River, Washington, District of Columbia.
Sec. 311. Brevard County, Florida.
Sec. 312. Broward County and Hillsboro Inlet, Florida.
Sec. 313. Fort Pierce, Florida.
Sec. 314. Nassau County, Florida.
Sec. 315. Miami Harbor Channel, Florida.
Sec. 316. Lake Michigan, Illinois.
Sec. 317. Springfield, Illinois.
Sec. 318. Little Calumet River, Indiana.
Sec. 319. Ogden Dunes, Indiana.
Sec. 320. Saint Joseph River, South Bend, Indiana.
Sec. 321. White River, Indiana.
Sec. 322. Lake Pontchartrain, Louisiana.
Sec. 323. Larose to Golden Meadow, Louisiana.
Sec. 324. Louisiana State Penitentiary Levee, Louisiana.
Sec. 325. Twelve-mile Bayou, Caddo Parish, Louisiana.
Sec. 326. West Bank of the Mississippi River (East of Harvey Canal), 
              Louisiana.
Sec. 327. Tolchester Channel, Baltimore Harbor and channels, Chesapeake 
              Bay, Kent County, Maryland.
Sec. 328. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 329. Jackson County, Mississippi.
Sec. 330. Tunica Lake, Mississippi.
Sec. 331. Bois Brule Drainage and Levee District, Missouri.
Sec. 332. Meramec River Basin, Valley Park Levee, Missouri.
Sec. 333. Missouri River mitigation project, Missouri, Kansas, Iowa, 
              and Nebraska.
Sec. 334. Wood River, Grand Island, Nebraska.
Sec. 335. Absecon Island, New Jersey.
Sec. 336. New York Harbor and Adjacent Channels, Port Jersey, New 
              Jersey
Sec. 337. Passaic River, New Jersey.
Sec. 338. Sandy Hook to Barnegat Inlet, New Jersey.
Sec. 339. Arthur Kill, New York and New Jersey.
Sec. 340. New York City watershed.
Sec. 341. New York State Canal System.
Sec. 342. Fire Island Inlet to Montauk Point, New york.
Sec. 343. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 344. Willamette River temperature control, Mckenzie Subbasin, 
              Oregon.
Sec. 345. Aylesworth Creek Reservoir, Pennsylvania.
Sec. 346. Curwensville Lake, Pennsylvania.
Sec. 347. Delaware River, Pennsylvania and Delaware.
Sec. 348. Mussers Dam, Pennsylvania.
Sec. 349. Nine-Mile Run, Allegheny County, Pennsylvania.
Sec. 350. Raystown Lake, Pennsylvania.
Sec. 351. South Central Pennsylvania.
Sec. 352. Cooper River, Charleston Harbor, South Carolina.
Sec. 353. Bowie County Levee, Texas.
Sec. 354. Clear Creek, Texas.
Sec. 355. Cypress Creek, Texas.
Sec. 356. Dallas Floodway Extension, Dallas, Texas.
Sec. 357. Upper Jordan River, Utah.
Sec. 358. Elizabeth River, Chesapeake, Virginia.
Sec. 359. Bluestone Lake, Ohio River Basin, West Virginia.
Sec. 360. Greenbrier Basin, West Virginia.
Sec. 361. Moorefield, West Virginia.
Sec. 362. West Virginia and Pennsylvania Flood Control.
Sec. 363. Project reauthorizations.
Sec. 364. Project deauthorizations.
Sec. 365. American and Sacramento Rivers, California.
Sec. 366. Martin, Kentucky.

                           TITLE IV--STUDIES

Sec. 401. Upper Mississippi and Illinois Rivers levees and streambanks 
              protection.
Sec. 402. Upper Mississippi River comprehensive plan.
Sec. 403. El Dorado, Union County, Arkansas.
Sec. 404. Sweetwater Reservoir, San Diego County, California.
Sec. 405. Whitewater River Basin, California.

[[Page 7852]]

Sec. 406. Little Econlackhatchee River Basin, Florida.
Sec. 407. Port Everglades Inlet, Florida.
Sec. 408. Upper Des Plaines River and tributaries, Illinois and 
              Wisconsin.
Sec. 409. Cameron Parish west of Calcasieu River, Louisiana.
Sec. 410. Grand Isle and vicinity, Louisiana.
Sec. 411. Lake Pontchartrain seawall, Louisiana.
Sec. 412. Westport, Massachusetts.
Sec. 413. Southwest Valley, Albuquerque, New Mexico.
Sec. 414. Cayuga Creek, New York.
Sec. 415. Arcola Creek Watershed, Madison, Ohio.
Sec. 416. Western Lake Erie Basin, Ohio, Indiana, and Michigan.
Sec. 417. Schuylkill River, Norristown, Pennsylvania.
Sec. 418. Lakes Marion and Moultrie, South Carolina.
Sec. 419. Day County, South Dakota.
Sec. 420. Corpus Christi, Texas.
Sec. 421. Mitchell's Cut Channel (Caney Fork Cut), Texas.
Sec. 422. Mouth of Colorado River, Texas.
Sec. 423. Kanawha River, Fayette County, West Virginia.
Sec. 424. West Virginia ports.
Sec. 425. Great Lakes region comprehensive study.
Sec. 426. Nutrient loading resulting from dredged material disposal.
Sec. 427. Santee Delta focus area, South Carolina.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Corps assumption of NRCS projects.
Sec. 502. Construction assistance.
Sec. 503. Contaminated sediment dredging technology.
Sec. 504. Dam safety.
Sec. 505. Great Lakes remedial action plans.
Sec. 506. Sea Lamprey control measures in the Great Lakes.
Sec. 507. Maintenance of navigation channels.
Sec. 508. Measurement of Lake Michigan diversions.
Sec. 509. Upper Mississippi River environmental management program.
Sec. 510. Atlantic Coast of New York monitoring.
Sec. 511. Water control management.
Sec. 512. Beneficial use of dredged material.
Sec. 513. Design and construction assistance.
Sec. 514. Lower Missouri River aquatic restoration projects.
Sec. 515. Aquatic resources restoration in the Northwest.
Sec. 516. Innovative technologies for watershed restoration.
Sec. 517. Environmental restoration.
Sec. 518. Expedited consideration of certain projects.
Sec. 519. Dog River, Alabama.
Sec. 520. Elba, Alabama.
Sec. 521. Geneva, Alabama.
Sec. 522. Navajo Reservation, Arizona, New Mexico, and Utah.
Sec. 523. Augusta and Devalls Bluff, Arkansas.
Sec. 524. Beaver Lake, Arkansas.
Sec. 525. Beaver Lake trout production facility, Arkansas.
Sec. 526. Chino Dairy Preserve, California.
Sec. 527. Novato, California.
Sec. 528. Orange and San Diego Counties, California.
Sec. 529. Salton Sea, California.
Sec. 530. Santa Cruz Harbor, California.
Sec. 531. Point Beach, Milford, Connecticut.
Sec. 532. Lower St. Johns River Basin, Florida.
Sec. 533. Shoreline protection and environmental restoration, Lake 
              Allatoona, Georgia.
Sec. 534. Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia.
Sec. 535. Comprehensive flood impact response modeling system, 
              Coralville Reservoir and Iowa River Watershed, Iowa.
Sec. 536. Additional construction assistance in Illinois.
Sec. 537. Kanopolis Lake, Kansas.
Sec. 538. Southern and Eastern Kentucky.
Sec. 539. Southeast Louisiana.
Sec. 540. Snug Harbor, Maryland.
Sec. 541. Welch Point, Elk River, Cecil County, and Chesapeake City, 
              Maryland.
Sec. 542. West View Shores, Cecil County, Maryland.
Sec. 543. Restoration projects for Maryland, Pennsylvania, and West 
              Virginia.
Sec. 544. Cape Cod Canal Railroad Bridge, Buzzards Bay, Massachusetts.
Sec. 545. St. Louis, Missouri.
Sec. 546. Beaver Branch of Big Timber Creek, New Jersey.
Sec. 547. Lake Ontario and St. Lawrence River water levels, New York.
Sec. 548. New York-New Jersey Harbor, New York and New Jersey.
Sec. 549. Sea Gate Reach, Coney Island, New York, New York.
Sec. 550. Woodlawn, New York.
Sec. 551. Floodplain mapping, New York.
Sec. 552. White Oak River, North Carolina.
Sec. 553. Toussaint River, Carroll Township, Ottawa County, Ohio.
Sec. 554. Sardis Reservoir, Oklahoma.
Sec. 555. Waurika Lake, Oklahoma, water conveyance facilities.
Sec. 556. Skinner Butte Park, Eugene, Oregon.
Sec. 557. Willamette River basin, Oregon.
Sec. 558. Bradford and Sullivan Counties, Pennsylvania.
Sec. 559. Erie Harbor, Pennsylvania.
Sec. 560. Point Marion Lock And Dam, Pennsylvania.
Sec. 561. Seven Points' Harbor, Pennsylvania.
Sec. 562. Southeastern Pennsylvania.
Sec. 563. Upper Susquehanna-Lackawanna watershed restoration 
              initiative.
Sec. 564. Aguadilla Harbor, Puerto Rico.
Sec. 565. Oahe Dam to Lake Sharpe, South Dakota, study.
Sec. 566. Integrated water management planning, Texas.
Sec. 567. Bolivar Peninsula, Jefferson, Chambers, and Galveston 
              Counties, Texas.
Sec. 568. Galveston Beach, Galveston County, Texas.
Sec. 569. Packery Channel, Corpus Christi, Texas.
Sec. 570. Northern West Virginia.
Sec. 571. Urbanized peak flood management research.
Sec. 572. Mississippi River Commission.
Sec. 573. Coastal aquatic habitat management.
Sec. 574. Abandoned and inactive noncoal mine restoration.
Sec. 575. Beneficial use of waste tire rubber.
Sec. 576. Site designation.
Sec. 577. Land conveyances.
Sec. 578. Namings.
Sec. 579. Folsom Dam and Reservoir additional storage and additional 
              flood control studies.
Sec. 580. Wallops Island, Virginia.
Sec. 581. Detroit River, Detroit, Michigan.

     SEC. 2. SECRETARY DEFINED.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.
                   TITLE I--WATER RESOURCES PROJECTS

     SEC. 101. PROJECT AUTHORIZATIONS.

       (a) Projects With Chief's Reports.--The following projects 
     for water resources development and conservation and other 
     purposes are authorized to be carried out by the Secretary 
     substantially in accordance with the plans, and subject to 
     the conditions, described in the respective reports 
     designated in this subsection:
       (1) Sand point harbor, alaska.--The project for navigation, 
     Sand Point Harbor, Alaska: Report of the Chief of Engineers 
     dated October 13, 1998, at a total cost of $11,760,000, with 
     an estimated Federal cost of $6,964,000 and an estimated non-
     Federal cost of $4,796,000.
       (2) Rio salado, salt river, phoenix and tempe, arizona.--
     The project for flood control and environmental restoration, 
     Rio Salado, Salt River, Phoenix and Tempe, Arizona: Report of 
     the Chief of Engineers dated August 20, 1998, at a total cost 
     of $88,048,000, with an estimated Federal cost of $56,355,000 
     and an estimated non-Federal cost of $31,693,000.
       (3) Tucson drainage area, arizona.--The project for flood 
     control, Tucson drainage area, Arizona: Report of the Chief 
     of Engineers, dated May 20, 1998, at a total cost of 
     $29,900,000, with an estimated Federal cost of $16,768,000 
     and an estimated non-Federal cost of $13,132,000.
       (4) American river watershed, california.--
       (A) In general.--The Folsom Dam Modification portion of the 
     Folsom Modification Plan described in the United States Army 
     Corps of Engineers Supplemental Information Report for the 
     American River Watershed Project, California, dated March 
     1996, as modified by the report entitled ``Folsom Dam 
     Modification Report, New Outlets Plan,'' dated March 1998, 
     prepared by the Sacramento Area Flood Control Agency, at an 
     estimated cost of $150,000,000, with an estimated Federal 
     cost of $97,500,000 and an estimated non-Federal cost of 
     $52,500,000. The Secretary shall coordinate with the 
     Secretary of the Interior with respect to the design and 
     construction of modifications at Folsom Dam authorized by 
     this paragraph.
       (B) Reoperation measures.--Upon completion of the 
     improvements to Folsom Dam authorized by subparagraph (A), 
     the variable space allocated to flood control within the 
     Reservoir shall be reduced from the current operating range 
     of 400,000-670,000 acre-feet to 400,000-600,000 acre-feet.
       (C) Makeup of water shortages caused by flood control 
     operation.--The Secretary of the Interior shall enter into, 
     or modify, such agreements with the Sacramento Area Flood 
     Control Agency regarding the operation of Folsom Dam and 
     reservoir as may be necessary in order that, notwithstanding 
     any prior agreement or provision of law, 100 percent of the 
     water needed to make up for any water shortage caused by 
     variable flood control operation during any year at Folsom 
     Dam and resulting in a significant impact on recreation at 
     Folsom Reservoir shall be replaced, to the extent the water 
     is available for purchase, by the Secretary of the Interior.
       (D) Significant impact on recreation.--For the purposes of 
     this paragraph, a significant impact on recreation is defined 
     as any impact that results in a lake elevation at Folsom 
     Reservoir below 435 feet above sea level starting on May 15 
     and ending on September 15 of any given year.
       (5) South sacramento county streams, california.--The 
     project for flood control, environmental restoration and 
     recreation, South Sacramento County streams, California: 
     Report of the Chief of Engineers dated October 6, 1998, at a 
     total cost of $65,500,000, with an estimated Federal cost of 
     $41,200,000 and an estimated non-Federal cost of $24,300,000.
       (6) Upper guadalupe river, california.--The project for 
     flood control and recreation, Upper Guadalupe River, 
     California: Locally Preferred Plan (known as the ``Bypass 
     Channel Plan''), Report of the Chief of Engineers dated

[[Page 7853]]

     August 19, 1998, at a total cost of $140,285,000, with an 
     estimated Federal cost of $44,000,000 and an estimated non-
     Federal cost of $96,285,000.
       (7) Yuba river basin, california.--The project for flood 
     control, Yuba River Basin, California: Report of the Chief of 
     Engineers dated November 25, 1998, at a total cost of 
     $26,600,000, with an estimated Federal cost of $17,350,000 
     and an estimated non-Federal cost of $9,250,000.
       (8) Delaware bay coastline, delaware and new jersey-
     broadkill beach, delaware.--The project for hurricane and 
     storm damage reduction, Delaware Bay coastline, Delaware and 
     New Jersey-Broadkill Beach, Delaware: Report of the Chief of 
     Engineers dated August 17, 1998, at a total cost of 
     $9,049,000, with an estimated Federal cost of $5,674,000 and 
     an estimated non-Federal cost of $3,375,000, and at an 
     estimated average annual cost of $538,200 for periodic 
     nourishment over the 50-year life of the project, with an 
     estimated annual Federal cost of $349,800 and an estimated 
     annual non-Federal cost of $188,400.
       (9) Delaware bay coastline, delaware and new jersey-port 
     mahon, delaware.--The project for ecosystem restoration, 
     Delaware Bay coastline, Delaware and New Jersey-Port Mahon, 
     Delaware: Report of the Chief of Engineers dated September 
     28, 1998, at a total cost of $7,644,000, with an estimated 
     Federal cost of $4,969,000 and an estimated non-Federal cost 
     of $2,675,000, and at an estimated average annual cost of 
     $234,000 for periodic nourishment over the 50-year life of 
     the project, with an estimated annual Federal cost of 
     $152,000 and an estimated annual non-Federal cost of $82,000.
       (10) Delaware bay coastline, delaware and new jersey-
     roosevelt inlet-lewes beach, delaware.--The project for 
     navigation mitigation and hurricane and storm damage 
     reduction, Delaware Bay coastline, Delaware and New Jersey-
     Roosevelt Inlet-Lewes Beach, Delaware: Report of the Chief of 
     Engineers dated February 3, 1999, at a total cost of 
     $3,393,000, with an estimated Federal cost of $2,620,000 and 
     an estimated non-Federal cost of $773,000, and at an 
     estimated average annual cost of $196,000 for periodic 
     nourishment over the 50-year life of the project, with an 
     estimated annual Federal cost of $152,000 and an estimated 
     annual non-Federal cost of $44,000.
       (11) Jacksonville harbor, florida.--
       (A) In general.--The project for navigation, Jacksonville 
     Harbor, Florida: Report of the Chief of Engineers April 21, 
     1999, at a total cost of $26,116,000, with an estimated 
     Federal cost of $9,129,000 and an estimated non-Federal cost 
     of $16,987,000.
       (B) Special rule.--Notwithstanding subparagraph (A), the 
     Secretary may construct the project to a depth of 40 feet if 
     the non-Federal interest agrees to pay any additional costs 
     above those for the recommended plan.
       (12) Tampa harbor-big bend channel, florida.--The project 
     for navigation, Tampa Harbor-Big Bend Channel, Florida: 
     Report of the Chief of Engineers dated October 13, 1998, at a 
     total cost of $9,356,000, with an estimated Federal cost of 
     $6,235,000 and an estimated non-Federal cost of $3,121,000.
       (13) Brunswick harbor, georgia.--The project for 
     navigation, Brunswick Harbor, Georgia: Report of the Chief of 
     Engineers dated October 6, 1998, at a total cost of 
     $50,717,000, with an estimate Federal cost of $32,966,000 and 
     an estimated non-Federal cost of $17,751,000.
       (14) Beargrass creek, kentucky.--The project for flood 
     control, Beargrass Creek, Kentucky: Report of the Chief of 
     Engineers, dated May 12, 1998, at a total cost of 
     $11,171,300, with an estimated Federal cost of $7,261,500 and 
     an estimated non-Federal cost of $3,909,800.
       (15) Amite river and tributaries, louisiana.--The project 
     for flood control, Amite River and tributaries, Louisiana: 
     Report of the Chief of Engineers dated December 23, 1996, at 
     a total cost of $112,900,000, with an estimated Federal cost 
     of $84,675,000 and an estimated non-Federal cost of 
     $28,225,000. Cost sharing for the project shall be determined 
     in accordance with section 103(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213), as in effect on 
     October 11, 1996.
       (16) Baltimore harbor anchorages and channels, maryland and 
     virginia.--The project for navigation, Baltimore harbor 
     anchorages and channels, Maryland and Virginia: Report of the 
     Chief of Engineers, dated June 8, 1998, at a total cost of 
     $28,430,000, with an estimated Federal cost of $19,000,000 
     and an estimated non-Federal cost of $9,430,000.
       (17) Red river lake at crookston, minnesota.--The project 
     for flood control, Red River Lake at Crookston, Minnesota: 
     Report of the Chief of Engineers, dated April 20, 1998, at a 
     total cost of $8,950,000, with an estimated Federal cost of 
     $5,720,000 and an estimated non-Federal cost of $3,230,000.
       (18) Lower cape may meadows, cape may point, new jersey.--
     The project for navigation mitigation, ecosystem restoration, 
     and hurricane and storm damage reduction, Lower Cape May 
     Meadows, Cape May Point, New Jersey: Report of the Chief of 
     Engineers dated April 5, 1999, at a total cost of 
     $15,952,000, with an estimated Federal cost of $12,118,000 
     and an estimated non-Federal cost of $3,834,000, and at an 
     estimated average annual cost of $1,114,000 for periodic 
     nourishment over the 50-year life of the project, with an 
     estimated annual Federal cost of $897,000 and an estimated 
     annual non-Federal cost of $217,000.
       (19) New jersey shore protection: townsends inlet to cape 
     may inlet, new jersey.--The project for hurricane and storm 
     damage reduction and ecosystem restoration, New Jersey Shore 
     Protection: Townsends Inlet to Cape May Inlet, New Jersey: 
     Report of the Chief of Engineers dated September 28, 1998, at 
     a total cost of $56,503,000, with an estimated Federal cost 
     of $36,727,000 and an estimated non-Federal cost of 
     $19,776,000, and at an estimated average annual cost of 
     $2,000,000 for periodic nourishment over the 50-year life of 
     the project, with an estimated annual Federal cost of 
     $1,300,000 and an estimated annual non-Federal cost of 
     $700,000.
       (20) Guanajibo river, puerto rico.--The project for flood 
     control, Guanajibo River, Puerto Rico: Report of the Chief of 
     Engineers, dated February 27, 1996, at a total cost of 
     $27,031,000, with an estimated Federal cost of $20,273,250 
     and an estimated non-Federal cost of $6,757,750. Cost sharing 
     for the project shall be determined in accordance with 
     section 103(a) of the Water Resources Development Act 1986 
     (33 U.S.C. 2213) as in effect on October 11, 1986.
       (21) Rio grande de manati, barceloneta, puerto rico.--The 
     project for flood control, Rio Grande De Manati, Barceloneta, 
     Puerto Rico: Report of the Chief of Engineers, dated January 
     22, 1999, at a total cost of $13,491,000, with an estimated 
     Federal cost of $8,785,000 and an estimated non-Federal cost 
     of $4,706,000.
       (22) Rio nigua at salinas, puerto rico.--The project for 
     flood control, Rio Nigua at Salinas, Puerto Rico: Report of 
     the Chief of Engineers, dated April 15, 1997, at a total cost 
     of $13,702,000, with an estimated Federal cost of $7,645,000 
     and an estimated non-Federal cost of $6,057,000.
       (23) Salt creek, graham, texas.--The project for flood 
     control, environmental restoration and recreation, Salt 
     Creek, Graham, Texas: Report of the Chief of Engineers dated 
     October 6, 1998, at a total cost of $10,080,000, with an 
     estimated Federal cost of $6,560,000 and an estimated non-
     Federal cost of $3,520,000.
       (b) Projects Subject to Report.--The following projects for 
     water resources development and conservation and other 
     purposes are authorized to be carried out by the Secretary 
     substantially in accordance with the plans, and subject to 
     the conditions, recommended in a final report of the Corps of 
     Engineers, if the report is completed not later than 
     September 30, 1999.
       (1) Nome, alaska.--The project for navigation, Nome, 
     Alaska, at a total cost of $24,608,000, with an estimated 
     Federal cost of $19,660,000 and an estimated non-Federal cost 
     of $4,948,000.
       (2) Seward harbor, alaska.--The project for navigation, 
     Seward Harbor, Alaska, at a total cost of $12,240,000, with 
     an estimated Federal cost of $4,364,000 and an estimated non-
     Federal cost of $7,876,000.
       (3) Hamilton airfield, california.--The project for 
     wetlands restoration, Hamilton Airfield, California, at a 
     total cost of $55,200,000, with an estimated Federal cost of 
     $41,400,000 and an estimated non-Federal cost of $13,800,000.
       (4) Oakland harbor, california.--The project for 
     navigation, Oakland Harbor, California, at a total cost of 
     $256,650,000, with an estimated Federal cost of $143,450,000 
     and an estimated non-Federal cost of $113,200,000.
       (5) Delaware bay coastline, delaware and new jersey: reeds 
     beach and pierces point, new jersey.--The project for shore 
     protection and ecosystem restoration, Delaware Bay Coastline, 
     Delaware and New Jersey: Reeds Beach and Pierces Point, New 
     Jersey, at a total cost of $4,057,000, with an estimated 
     Federal cost of $2,637,000 and an estimated non-Federal cost 
     of $1,420,000.
       (6) Delaware bay coastline, delaware and new jersey: villas 
     and vicinity, new jersey.--The project for shore protection 
     and ecosystem restoration, Delaware Bay Coastline, Delaware 
     and New Jersey: Villas and Vicinity, New Jersey, at a total 
     cost of $7,520,000, with an estimated Federal cost of 
     $4,888,000 and an estimated non-Federal cost of $2,632,000.
       (7) Delaware coast from cape henelopen to fenwick island, 
     bethany beach/south bethany beach, delaware.--The project for 
     hurricane and storm damage reduction, Delaware Coast from 
     Cape Henelopen to Fenwick Island, Bethany Beach/South Bethany 
     Beach, Delaware, at a total cost of $22,205,000, with an 
     estimated Federal cost of $14,433,000 and an estimated non-
     Federal cost of $7,772,000, and at an estimated average 
     annual cost of $1,584,000 for periodic nourishment over the 
     50-year life of the project, with an estimated annual Federal 
     cost of $1,030,000 and an estimated annual non-Federal cost 
     of $554,000.
       (8) Little talbot island, duval county, florida.--The 
     project for hurricane and storm damage prevention, Little 
     Talbot Island, Duval County, Florida, at a total cost of 
     $5,915,000, with an estimated Federal cost of $3,839,000 and 
     an estimated non-Federal cost of $2,076,000.
       (9) Ponce de leon inlet, florida.--The project for 
     navigation and related purposes, Ponce de Leon Inlet, Volusia 
     County, Florida, at a total cost of $5,454,000, with an 
     estimated Federal cost of $2,988,000 and an estimated non-
     Federal cost of $2,466,000.
       (10) Savannah harbor expansion, georgia.--
       (A) In general.--Subject to subparagraph (B), the project 
     for navigation, Savannah Harbor expansion, Georgia, including 
     implementation of the mitigation plan, with such 
     modifications as the Secretary deems appropriate, at a total 
     cost of $230,174,000 (of which amount a portion is authorized 
     for implementation of the mitigation plan), with an estimated 
     Federal cost of $145,160,000 and an estimated non-Federal 
     cost of $85,014,000.
       (B) Conditions.--The project authorized by subparagraph (A) 
     may be carried out only after--

[[Page 7854]]

       (i) the Secretary, in consultation with affected Federal, 
     State of Georgia, State of South Carolina, regional, and 
     local entities, has reviewed and approved an environmental 
     impact statement for the project that includes--

       (I) an analysis of the impacts of project depth 
     alternatives ranging from 42 feet through 48 feet; and
       (II) a selected plan for navigation and an associated 
     mitigation plan as required by section 906(a) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283); and

       (ii) the Secretary of the Interior, the Secretary of 
     Commerce, the Administrator of the Environmental Protection 
     Agency, and the Secretary have approved the selected plan and 
     have determined that the mitigation plan adequately addresses 
     the potential environmental impacts of the project.
       (C) Mitigation requirements.--The mitigation plan shall be 
     implemented in advance of or concurrently with construction 
     of the project.
       (11) Des plaines river, illinois.--The project for flood 
     control, Des Plaines River, Illinois, at a total cost of 
     $44,300,000 with an estimated Federal cost of $28,800,000 and 
     an estimated non-Federal cost of $15,500,000.
       (12) New jersey shore protection, brigantine inlet to great 
     egg harbor, brigantine island, new jersey.--The project for 
     hurricane and storm damage reduction, New Jersey shore 
     protection, Brigantine Inlet to Great Egg Harbor, Brigantine 
     Island, New Jersey, at a total cost of $4,970,000, with an 
     estimated Federal cost of $3,230,000 and an estimated non-
     Federal cost of $1,740,000, and at an estimated average 
     annual cost of $465,000 for periodic nourishment over the 50-
     year life of the project, with an estimated annual Federal 
     cost of $302,000 and an estimated annual non-Federal cost of 
     $163,000.
       (13) Columbia river channel, oregon and washington.--The 
     project for navigation, Columbia River Channel, Oregon and 
     Washington, at a total cost of $183,623,000 with an estimated 
     Federal cost $106,132,000 and an estimated non-Federal cost 
     of $77,491,000.
       (14) Johnson creek, arlington, texas.--The locally 
     preferred project for flood control, Johnson Creek, 
     Arlington, Texas, at a total cost of $20,300,000, with an 
     estimated Federal cost of $12,000,000 and an estimated non-
     Federal cost of $8,300,000.
       (15) Howard hanson dam, washington.--The project for water 
     supply and ecosystem restoration, Howard Hanson Dam, 
     Washington, at a total cost of $75,600,000, with an estimated 
     Federal cost of $36,900,000 and an estimated non-Federal cost 
     of $38,700,000.

     SEC. 102. SMALL FLOOD CONTROL PROJECTS.

       (a) In General.--The Secretary shall conduct a study for 
     each of the following projects and, after completion of such 
     study, shall carry out the project under section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s):
       (1) Lancaster, california.--Project for flood control, 
     Lancaster, California, westside stormwater retention 
     facility.
       (2) Gateway triangle area, florida.--Project for flood 
     control, Gateway Triangle area, Collier County, Florida.
       (3) Plant city, florida.--Project for flood control, Plant 
     City, Florida.
       (4) Stone island, lake monroe, florida.--Project for flood 
     control, Stone Island, Lake Monroe, Florida.
       (5) Ohio river, illinois.--Project for flood control, Ohio 
     River, Illinois.
       (6) Repaupo creek, new jersey.--Project for flood control, 
     Repaupo Creek, New Jersey.
       (7) Owasco lake seawall, new york.--Project for flood 
     control, Owasco Lake seawall, New York.
       (8) Port clinton, ohio.--Project for flood control, Port 
     Clinton, Ohio.
       (9) North canadian river, oklahoma.--Project for flood 
     control, North Canadian River, Oklahoma.
       (10) Abington township, pennsylvania.--Project for flood 
     control, Baeder and Wanamaker Roads, Abington Township, 
     Pennsylvania.
       (11) Port indian, west norriton township, montgomery 
     county, pennsylvania.--Project for flood control, Port 
     Indian, West Norriton Township, Montgomery County, 
     Pennsylvania.
       (12) Port providence, upper providence township, 
     pennsylvania.--Project for flood control, Port Providence, 
     Upper Providence Township, Pennsylvania.
       (13) Springfield township, montgomery county, 
     pennsylvania.--Project for flood control, Springfield 
     Township, Montgomery County, Pennsylvania.
       (14) First creek, knoxville, tennessee.--Project for flood 
     control, First Creek, Knoxville, Tennessee.
       (15) Metro center levee, cumberland river, nashville, 
     tennessee.--Project for flood control, Metro Center Levee, 
     Cumberland River, Nashville, Tennessee.
       (b) Festus and Crystal City, Missouri.--
       (1) Maximum federal expenditure.--The maximum amount of 
     Federal funds that may be expended for the project for flood 
     control, Festus and Crystal City, Missouri, shall be 
     $10,000,000.
       (2) Revision of project cooperation agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in paragraph (1) to take into account 
     the change in the Federal participation in such project 
     pursuant to paragraph (1).
       (3) Cost sharing.--Nothing in this section shall be 
     construed to affect any cost-sharing requirement applicable 
     to the project referred to in paragraph (1) under the Water 
     Resources Development Act of 1986.

      SEC. 103. SMALL BANK STABILIZATION PROJECTS.

       The Secretary shall conduct a study for each of the 
     following projects and, after completion of such study, shall 
     carry out the project under section 14 of the Flood Control 
     Act of 1946 (33 U.S.C. 701r):
       (1) Saint joseph river, indiana.--Project for streambank 
     erosion control, Saint Joseph River, Indiana.
       (2) Saginaw river, bay city, michigan.--Project for 
     streambank erosion control, Saginaw River, Bay City, 
     Michigan.
       (3) Big timber creek, new jersey.--Project for streambank 
     erosion control, Big Timber Creek, New Jersey.
       (4) Lake shore road, athol springs, new york.--Project for 
     streambank erosion control, Lake Shore Road, Athol Springs, 
     New York.
       (5) Marist college, poughkeepsie, new york.--Project for 
     streambank erosion control, Marist College, Poughkeepsie, New 
     York.
       (6) Monroe county, ohio.--Project for streambank erosion 
     control, Monroe County, Ohio.
       (7) Green valley, west virginia.--Project for streambank 
     erosion control, Green Valley, West Virginia.

      SEC. 104. SMALL NAVIGATION PROJECTS.

       The Secretary shall conduct a study for each of the 
     following projects and, after completion of such study, shall 
     carry out the project under section 107 of the River and 
     Harbor Act of 1960 (33 U.S.C. 577):
       (1) Grand marais, arkansas.--Project for navigation, Grand 
     Marais, Arkansas.
       (2) Fields landing channel, humboldt harbor, california.--
     Project for navigation, Fields Landing Channel, Humboldt 
     Harbor, California.
       (3) San mateo (pillar point harbor), california.--Project 
     for navigation San Mateo (Pillar Point Harbor), California.
       (4) Agana marina, guam.--Project for navigation, Agana 
     Marina, Guam.
       (5) Agat marina, guam.--Project for navigation, Agat 
     Marina, Guam.
       (6) Apra harbor fuel piers, guam.--Project for navigation, 
     Apra Harbor Fuel Piers, Guam.
       (7) Apra harbor pier f-6, guam.--Project for navigation, 
     Apra Harbor Pier F-6, Guam.
       (8) Apra harbor seawall, guam.--Project for navigation 
     including a seawall, Apra Harbor, Guam.
       (9) Guam harbor, guam.--Project for navigation, Guam 
     Harbor, Guam.
       (10) Illinois river near chautauqua park, illinois.--
     Project for navigation, Illinois River near Chautauqua Park, 
     Illinois.
       (11) Whiting shoreline waterfront, whiting, indiana.--
     Project for navigation, Whiting Shoreline Waterfront, 
     Whiting, Indiana.
       (12) Naraguagus river, machias, maine.--Project for 
     navigation, Naraguagus River, Machias, Maine.
       (13) Union river, ellsworth, maine.--Project for 
     navigation, Union River, Ellsworth, Maine.
       (14) Detroit waterfront, michigan.--Project for navigation, 
     Detroit River, Michigan, including dredging and removal of a 
     reef.
       (15) Fortescue inlet, delaware bay, new jersey.--Project 
     for navigation for Fortescue Inlet, Delaware Bay, New Jersey.
       (16) Buffalo and lasalle park, new york.--Project for 
     navigation, Buffalo and LaSalle Park, New York.
       (17) Sturgeon point, new york.--Project for navigation, 
     Sturgeon Point, New York.

     SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

       (a) In General.--The Secretary shall conduct a study for 
     each of the following projects and, after completion of such 
     study, shall carry out the project under section 1135 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2309a):
       (1) Illinois river in the vicinity of havana, illinois.--
     Project for the improvement of the environment, Illinois 
     River in the vicinity of Havana, Illinois.
       (2) Knitting mill creek, virginia.--Project for the 
     improvement of the environment, Knitting Mill Creek, 
     Virginia.
       (b) Pine Flat Dam, Kings River, California.--The Secretary 
     shall carry out under section 1135(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2309a(a)) a project to 
     construct a turbine bypass at Pine Flat Dam, Kings River, 
     California, in accordance with the Project Modification 
     Report and Environmental Assessment dated September 1996.

     SEC. 106. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.

       The Secretary shall conduct a study for each of the 
     following projects and, after completion of such study, shall 
     carry out the project under section 206 of the Water 
     Resources Development Act of 1996 (33 U.S.C. 2330):
       (1) Contra costa county, bay delta, california.--Project 
     for aquatic ecosystem restoration, Contra Costa County, Bay 
     Delta, California.
       (2) Indian river, florida.--Project for aquatic ecosystem 
     restoration and lagoon restoration, Indian River, Florida.
       (3) Little wekiva river, florida.--Project for aquatic 
     ecosystem restoration and erosion control, Little Wekiva 
     River, Florida.
       (4) Cook county, illinois.--Project for aquatic ecosystem 
     restoration and lagoon restoration and protection, Cook 
     County, Illinois.
       (5) Grand batture island, mississippi.--Project for aquatic 
     ecosystem restoration, Grand Batture Island, Mississippi.
       (6) Hancock, harrison, and jackson counties, mississippi.--
     Project for aquatic ecosystem

[[Page 7855]]

     restoration and reef restoration along the Gulf Coast, 
     Hancock, Harrison, and Jackson Counties, Mississippi.
       (7) Mississippi river and river des peres, st. louis, 
     missouri.--Project for aquatic ecosystem restoration and 
     recreation, Mississippi River and River Des Peres, St. Louis, 
     Missouri.
       (8) Hudson river, new york.--Project for aquatic ecosystem 
     restoration, Hudson River, New York.
       (9) Oneida lake, new york.--Project for aquatic ecosystem 
     restoration, Oneida Lake, Oneida County, New York.
       (10) Otsego lake, new york.--Project for aquatic ecosystem 
     restoration, Otsego Lake, Otsego County, New York.
       (11) North fork of yellow creek, ohio.--Project for aquatic 
     ecosystem restoration, North Fork of Yellow Creek, Ohio.
       (12) Wheeling creek watershed, ohio.--Project for aquatic 
     ecosystem restoration, Wheeling Creek watershed, Ohio.
       (13) Springfield millrace, oregon.--Project for aquatic 
     ecosystem restoration, Springfield Millrace, Oregon.
       (14) Upper amazon creek, oregon.--Project for aquatic 
     ecosystem restoration, Upper Amazon Creek, Oregon.
       (15) Lake ontelaunee reservoir, berks county, 
     pennsylvania.--Project for aquatic ecosystem restoration and 
     distilling pond facilities, Lake Ontelaunee Reservoir, Berks 
     County, Pennsylvania.
       (16) Blackstone river basin, rhode island and 
     massachusetts.--Project for aquatic ecosystem restoration and 
     fish passage facilities, Blackstone River Basin, Rhode Island 
     and Massachusetts.
                      TITLE II--GENERAL PROVISIONS

     SEC. 201. SMALL FLOOD CONTROL AUTHORITY.

       Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s) is amended--
       (1) by striking ``construction of small projects'' and 
     inserting ``implementation of small structural and 
     nonstructural projects''; and
       (2) by striking ``$5,000,000'' and inserting 
     ``$7,000,000''.

     SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING AND 
                   DISSEMINATING INFORMATION ON FLOODS AND FLOOD 
                   DAMAGES.

       The last sentence of section 206(b) of the Flood Control 
     Act of 1960 (33 U.S.C. 709a(b)) is amended by inserting 
     before the period the following: ``; except that this 
     limitation on fees shall not apply to funds voluntarily 
     contributed by such entities for the purpose of expanding the 
     scope of the services requested by such entities''.

     SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.

       Section 5 of the Flood Control Act of June 22, 1936 (33 
     U.S.C. 701h), is amended by inserting ``or environmental 
     restoration'' after ``flood control''.

     SEC. 204. SEDIMENT DECONTAMINATION TECHNOLOGY.

       Section 405 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2239 note; 106 Stat. 4863) is amended--
       (1) by adding at the end of subsection (a) the following:
       ``(4) Practical end-use products.--Technologies selected 
     for demonstration at the pilot scale shall be intended to 
     result in practical end-use products.
       ``(5) Assistance by the secretary.--The Secretary shall 
     assist the project to ensure expeditious completion by 
     providing sufficient quantities of contaminated dredged 
     material to conduct the full-scale demonstrations to stated 
     capacity.'';
       (2) in subsection (c) by striking the first sentence and 
     inserting the following: ``There is authorized to be 
     appropriated to carry out this section $22,000,000 to 
     complete technology testing, technology commercialization, 
     and the development of full scale processing facilities 
     within the New York/New Jersey Harbor.''; and
       (3) by adding at the end the following:
       ``(e) Support.--In carrying out the program under this 
     section, the Secretary is encouraged to utilize contracts, 
     cooperative agreements, and grants with colleges and 
     universities and other non-Federal entities.''.

     SEC. 205. CONTROL OF AQUATIC PLANTS.

       Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 
     610) is amended--
       (1) in subsection (a) by inserting ``arundo,'' after 
     ``milfoil,'';
       (2) in subsection (b) by striking ``$12,000,000'' and 
     inserting ``$15,000,000.''; and
       (3) by adding at the end the following:
       ``(c) Support.--In carrying out this program, the Secretary 
     is encouraged to utilize contracts, cooperative agreements, 
     and grants with colleges and universities and other non-
     Federal entities.''.

     SEC. 206. USE OF CONTINUING CONTRACTS REQUIRED FOR 
                   CONSTRUCTION OF CERTAIN PROJECTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall not implement a fully allocated 
     funding policy with respect to a water resources project if 
     initiation of construction has occurred but sufficient funds 
     are not available to complete the project. The Secretary 
     shall enter into continuing contracts for such project.
       (b) Initiation of Construction Clarified.--For the purposes 
     of this section, initiation of construction for a project 
     occurs on the date of enactment of an Act that appropriates 
     funds for the project from 1 of the following appropriation 
     accounts:
       (1) Construction, General.
       (2) Operation and Maintenance, General.
       (3) Flood Control, Mississippi River and Tributaries.

     SEC. 207. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

       The requirements of section 2361 of title 10, United States 
     Code, shall not apply to any contract, cooperative research 
     and development agreement, cooperative agreement, or grant 
     entered into under section 229 of the Water Resources 
     Development Act of 1996 (110 Stat. 3703) between the 
     Secretary and Marshall University or entered into under 
     section 350 of this Act between the Secretary and Juniata 
     College.

     SEC. 208. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC 
                   REGION.

       Section 444 of the Water Resources Development Act of 1996 
     (110 Stat. 3747) is amended by striking ``interest of 
     navigation'' and inserting ``interests of water resources 
     development, including navigation, flood damage reduction, 
     and environmental restoration''.

     SEC. 209. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

       (a) Program Extension.--Section 528(b)(3) of the Water 
     Resources Development Act of 1996 (110 Stat. 3769) is 
     amended--
       (1) in subparagraph (B) by striking ``1999'' and inserting 
     ``2000''; and
       (2) in subparagraph (C)(i) by striking ``1999'' and 
     inserting ``2003''.
       (b) Credit.--Section 528(b)(3) of such Act is amended by 
     adding at the end the following:
       ``(D) Credit of past and future activities.--The Secretary 
     may provide a credit to the non-Federal interests toward the 
     non-Federal share of a project implemented under subparagraph 
     (A). The credit shall be for reasonable costs of work 
     performed by the non-Federal interests if the Secretary 
     determines that the work substantially expedited completion 
     of the project and is compatible with and an integral part of 
     the project, and the credit is provided pursuant to a 
     specific project cooperation agreement.''.
       (c) Caloosahatchee River Basin, Florida.--Section 528(e)(4) 
     of such Act is amended by inserting before the period at the 
     end of the first sentence the following: ``if the Secretary 
     determines that such land acquisition is compatible with and 
     an integral component of the Everglades and South Florida 
     ecosystem restoration, including potential land acquisition 
     in the Caloosahatchee River basin or other areas''.

     SEC. 210. BENEFICIAL USES OF DREDGED MATERIAL.

       Section 204 of the Water Resources Development Act of 1992 
     (106 Stat. 4826-4827) is amended--
       (1) in subsection (c) by striking ``cooperative agreement 
     in accordance with the requirements of section 221 of the 
     Flood Control Act of 1970'' and inserting ``binding agreement 
     with the Secretary''; and
       (2) by adding at the end the following:
       ``(g) Non-Federal Interests.--Notwithstanding section 
     221(b) of the Flood Control Act of 1968 (42 U.S.C. 1962d-
     5b(b)), the Secretary, after coordination with the 
     appropriate State and local government officials having 
     jurisdiction over an area in which a project under this 
     section will be carried out, may allow a nonprofit entity to 
     serve as the non-Federal interest for the project.''.

     SEC. 211. HARBOR COST SHARING.

       (a) In General.--Sections 101 and 214 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2211 and 2241; 
     P.L. 99-662) are amended by striking ``45 feet'' each place 
     it appears and inserting ``53 feet''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall only apply to a project, or separable element thereof, 
     on which a contract for physical construction has not been 
     awarded before the date of enactment of this Act.

     SEC. 212. AQUATIC ECOSYSTEM RESTORATION.

       Section 206 of the Water Resources Development Act of 1996 
     (110 Stat. 3679-3680) is amended--
       (1) by adding at the end of subsection (b) the following: 
     ``Before October 1, 2003, the Federal share may be provided 
     in the form of grants or reimbursements of project costs.''; 
     and
       (2) by adding at the end of subsection (c) the following: 
     ``Notwithstanding section 221(b) of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b(b)), the Secretary, after 
     coordination with the appropriate State and local government 
     officials having jurisdiction over an area in which a project 
     under this section will be carried out, may allow a nonprofit 
     entity to serve as the non-Federal interest for the 
     project.''.

     SEC. 213. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

       (a) Nonprofit Entity as Non-Federal Interest.--Section 
     503(a) of the Water Resources Development Act of 1996 (110 
     Stat. 3756) is amended by adding at the end the following: 
     ``Notwithstanding section 221(b) of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b(b)), the Secretary, after 
     coordination with the appropriate State and local government 
     officials having jurisdiction over an area in which a project 
     under this section will be carried out, may allow a nonprofit 
     entity to serve as the non-Federal interest for the 
     project.''.
       (b) Project Locations.--Section 503(d) of such Act is 
     amended--
       (1) in paragraph (7) by inserting before the period at the 
     end ``, including Clear Lake''; and
       (2) by adding at the end the following:
       ``(14) Fresno Slough watershed, California.
       ``(15) Hayward Marsh, Southern San Francisco Bay watershed, 
     California.
       ``(16) Kaweah River watershed, California.
       ``(17) Malibu Creek watershed, California.
       ``(18) Illinois River watershed, Illinois.

[[Page 7856]]

       ``(19) Catawba River watershed, North Carolina.
       ``(20) Cabin Creek basin, West Virginia.
       ``(21) Lower St. Johns River basin, Florida.''.

     SEC. 214. FLOOD MITIGATION AND RIVERINE RESTORATION PILOT 
                   PROGRAM.

       (a) In General.--The Secretary may undertake a program for 
     the purpose of conducting projects that reduce flood hazards 
     and restore the natural functions and values of rivers 
     throughout the United States.
       (b) Studies and Projects.--
       (1) Authority.--In carrying out the program, the Secretary 
     may conduct studies to identify appropriate flood damage 
     reduction, conservation, and restoration measures and may 
     design and implement projects described in subsection (a).
       (2) Consultation and coordination.--The studies and 
     projects carried out under this section shall be conducted, 
     to the maximum extent practicable, in consultation and 
     coordination with the Federal Emergency Management Agency and 
     other appropriate Federal agencies, and in consultation and 
     coordination with appropriate State, tribal, and local 
     agencies.
       (3) Nonstructural approaches.--The studies and projects 
     shall emphasize, to the maximum extent practicable and 
     appropriate, nonstructural approaches to preventing or 
     reducing flood damages.
       (4) Use of state, tribal, and local studies and projects.--
     The studies and projects shall include consideration of and 
     coordination with any State, tribal, and local flood damage 
     reduction or riverine and wetland restoration studies and 
     projects that conserve, restore, and manage hydrologic and 
     hydraulic regimes and restore the natural functions and 
     values of floodplains.
       (c) Cost-Sharing Requirements.--
       (1) Studies.--Studies conducted under this section shall be 
     subject to cost sharing in accordance with section 105 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2215).
       (2) Environmental restoration and nonstructural flood 
     control projects.--The non-Federal interests shall pay 35 
     percent of the cost of any environmental restoration or 
     nonstructural flood control project carried out under this 
     section. The non-Federal interests shall provide all land, 
     easements, rights-of-way, dredged material disposal areas, 
     and relocations necessary for such projects. The value of 
     such land, easements, rights-of-way, dredged material 
     disposal areas, and relocations shall be credited toward the 
     payment required under this paragraph.
       (3) Structural flood control projects.--Any structural 
     flood control measures carried out under this section shall 
     be subject to cost sharing in accordance with section 103(a) 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2213(a)).
       (4) Operation and maintenance.--The non-Federal interests 
     shall be responsible for all costs associated with operating, 
     maintaining, replacing, repairing, and rehabilitating all 
     projects carried out under this section.
       (d) Project Justification.--
       (1) In general.--Notwithstanding any other provision of law 
     or requirement for economic justification established 
     pursuant to section 209 of the Flood Control Act of 1970 (42 
     U.S.C. 1962-2), the Secretary may implement a project under 
     this section if the Secretary determines that the project--
       (A) will significantly reduce potential flood damages;
       (B) will improve the quality of the environment; and
       (C) is justified considering all costs and beneficial 
     outputs of the project.
       (2) Establishment of selection and rating criteria and 
     policies.--Not later than 180 days after the date of 
     enactment of this section, the Secretary, in cooperation with 
     State, tribal, and local agencies, shall develop, and 
     transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate, 
     criteria for selecting and rating projects to be carried out 
     under this section and shall establish policies and 
     procedures for carrying out the studies and projects 
     undertaken under this section. Such criteria shall include, 
     as a priority, the extent to which the appropriate State 
     government supports the project.
       (e) Priority Areas.--In carrying out this section, the 
     Secretary shall examine the potential for flood damage 
     reductions at appropriate locations, including the following:
       (1) Upper Delaware River, New York.
       (2) Willamette River floodplain, Oregon.
       (3) Pima County, Arizona, at Paseo De Las Iglesias and 
     Rillito River.
       (4) Los Angeles and San Gabriel Rivers, California.
       (5) Murrieta Creek, California.
       (6) Napa County, California, at Yountville, St. Helena, 
     Calistoga, and American Canyon.
       (7) Santa Clara basin, California, at Upper Guadalupe River 
     and tributaries, San Francisquito Creek, and Upper Penitencia 
     Creek.
       (8) Pine Mount Creek, New Jersey.
       (9) Chagrin River, Ohio.
       (10) Blair County, Pennsylvania, at Altoona and Frankstown 
     Township.
       (11) Lincoln Creek, Wisconsin.
       (f) Program Review.--
       (1) In general.--The program established under this section 
     shall be subject to an independent review to evaluate the 
     efficacy of the program in achieving the dual goals of flood 
     hazard mitigation and riverine restoration.
       (2) Report.--Not later than April 15, 2003, the Secretary 
     shall transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the findings of the review conducted under this 
     subsection with any recommendations concerning continuation 
     of the program.
       (g) Cost Limitations.--
       (1) Maximum federal cost per project.--No more than 
     $30,000,000 may be expended by the United States on any 
     single project under this section.
       (2) Committee resolution procedure.--
       (A) Limitation on appropriations.--No appropriation shall 
     be made to construct any project under this section the total 
     Federal cost of construction of which exceeds $15,000,000 if 
     the project has not been approved by resolutions adopted by 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate.
       (B) Report.--For the purpose of securing consideration of 
     approval under this paragraph, the Secretary shall transmit a 
     report on the proposed project, including all relevant data 
     and information on all costs.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $25,000,000 for fiscal year 2000;
       (2) $25,000,000 for fiscal year 2001 if $12,500,000 or more 
     is appropriated to carry out subsection (e) for fiscal year 
     2000;
       (3) $25,000,000 for fiscal year 2002 if $12,500,000 or more 
     is appropriated to carry out subsection (e) for fiscal year 
     2001; and
       (4) $25,000,000 for fiscal year 2003 if $12,500,000 or more 
     is appropriated to carry out subsection (e) for fiscal year 
     2002.

     SEC. 215. SHORELINE MANAGEMENT PROGRAM.

       (a) Review.--The Secretary shall review the implementation 
     of the Corps of Engineers' shoreline management program, with 
     particular attention to inconsistencies in implementation 
     among the divisions and districts of the Corps of Engineers 
     and complaints by or potential inequities regarding property 
     owners in the Savannah District including an accounting of 
     the number and disposition of complaints over the last 5 
     years in the District.
       (b) Report.--As expeditiously as practicable after the date 
     of enactment of this Act, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report describing the results of 
     the review conducted under subsection (a).

     SEC. 216. ASSISTANCE FOR REMEDIATION, RESTORATION, AND REUSE.

       (a) In General.--The Secretary may provide to State and 
     local governments assessment, planning, and design assistance 
     for remediation, environmental restoration, or reuse of areas 
     located within the boundaries of such State or local 
     governments where such remediation, environmental 
     restoration, or reuse will contribute to the conservation of 
     water and related resources of drainage basins and watersheds 
     within the United States.
       (b) Beneficial Use of Dredged Material.--In providing 
     assistance under subsection (a), the Secretary shall 
     encourage the beneficial use of dredged material, consistent 
     with the findings of the Secretary under section 204 of the 
     Water Resources Development Act of 1992 (33 U.S.C. 2326).
       (c) Non-Federal Share.--The non-Federal share of the cost 
     of assistance provided under subsection (a) shall be 50 
     percent.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2000 through 2004.

     SEC. 217. SHORE DAMAGE MITIGATION.

       (a) In General.--Section 111 of the River and Harbor Act of 
     1968 (33 U.S.C. 426i; 100 Stat. 4199) is amended by inserting 
     after ``navigation works'' the following: ``and shore damages 
     attributable to the Atlantic Intracoastal Waterway and the 
     Gulf Intracoastal Waterway''.
       (b) Palm Beach County, Florida.--The project for 
     navigation, Palm Beach County, Florida, authorized by section 
     2 of the River and Harbor Act of March 2, 1945 (59 Stat. 11), 
     is modified to authorize the Secretary to undertake beach 
     nourishment as a dredged material disposal option under the 
     project.
       (c) Galveston County, Texas.--The Secretary may place 
     dredged material from the Gulf Intracoastal Waterway on the 
     beaches along Rollover Pass, Galveston County, Texas, to 
     stabilize beach erosion.

     SEC. 218. SHORE PROTECTION.

       (a) Non-Federal Share of Periodic Nourishment.--Section 
     103(d) of the Water Resources Development Act of 1986 (100 
     Stat. 4085-5086) is amended--
       (1) by inserting ``(1) Construction.--'' before ``Costs of 
     constructing'';
       (2) by inserting at the end the following:
       ``(2) Periodic nourishment.--
       ``(A) In general.--Subject to subparagraph (B), the non-
     Federal share of costs of periodic nourishment measures for 
     shore protection or beach erosion control that are carried 
     out--
       ``(i) after January 1, 2001, shall be 40 percent;
       ``(ii) after January 1, 2002, shall be 45 percent; and
       ``(iii) after January 1, 2003, shall be 50 percent;
       ``(B) Benefits to privately owned shores.--All costs 
     assigned to benefits of periodic nourishment measures to 
     privately owned shores (where use of such shores is limited 
     to private interests) or to prevention of losses of

[[Page 7857]]

     private lands shall be borne by the non-Federal interest and 
     all costs assigned to the protection of federally owned 
     shores for such measures shall be borne by the United 
     States.''; and
       (C) by indenting paragraph (1) (as designated by 
     subparagraph (A) of this paragraph) and aligning such 
     paragraph with paragraph (2) (as added by subparagraph (B) of 
     this paragraph).
       (b) Utilization of Sand From Outer Continental Shelf.--
     Section 8(k)(2)(B) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1337(k)(2)(B)) is amended by striking ``an agency 
     of the Federal Government'' and inserting ``a Federal, State, 
     or local government agency''.
       (c) Report on Nation's Shorelines.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall report to Congress 
     on the state of the Nation's shorelines.
       (2) Contents.--The report shall include--
       (A) a description of the extent of, and economic and 
     environmental effects caused by, erosion and accretion along 
     the Nation's shores and the causes thereof;
       (B) a description of resources committed by local, State, 
     and Federal governments to restore and renourish shorelines;
       (C) a description of the systematic movement of sand along 
     the Nation's shores; and
       (D) recommendations regarding (i) appropriate levels of 
     Federal and non-Federal participation in shoreline 
     protection, and (ii) utilization of a systems approach to 
     sand management.
       (3) Utilization of specific location data.--In developing 
     the report, the Secretary shall utilize data from specific 
     locations on the Atlantic, Pacific, Great Lakes, and Gulf of 
     Mexico coasts.
       (d) National Coastal Data Bank.--
       (1) Establishment of data bank.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary shall 
     establish a national coastal data bank containing data on the 
     geophysical and climatological characteristics of the 
     Nation's shorelines.
       (2) Content.--To the extent practical, the national coastal 
     data bank shall include data regarding current and predicted 
     shoreline positions, information on federally-authorized 
     shore protection projects, and data on the movement of sand 
     along the Nation's shores, including impediments to such 
     movement caused by natural and manmade features.
       (3) Access.--The national coastal data bank shall be made 
     readily accessible to the public.

     SEC. 219. FLOOD PREVENTION COORDINATION.

       Section 206 of the Flood Control Act of 1960 (33 U.S.C. 
     709a) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Flood Prevention Coordination.--The Secretary shall 
     coordinate with the Director of the Federal Emergency 
     Management Agency and the heads of other Federal agencies to 
     ensure that flood control projects and plans are 
     complementary and integrated to the extent practicable and 
     appropriate.''.

     SEC. 220. ANNUAL PASSES FOR RECREATION.

       Section 208(c)(4) of the Water Resources Development Act of 
     1996 (16 U.S.C. 460d note; 110 Stat. 3680) is amended by 
     striking ``1999, or the date of transmittal of the report 
     under paragraph (3)'' and inserting ``2003''.

     SEC. 221. COOPERATIVE AGREEMENTS FOR ENVIRONMENTAL AND 
                   RECREATIONAL MEASURES.

       (a) In General.--The Secretary is authorized to enter into 
     cooperative agreements with non-Federal public bodies and 
     non-profit entities for the purpose of facilitating 
     collaborative efforts involving environmental protection and 
     restoration, natural resources conservation, and recreation 
     in connection with the development, operation, and management 
     of water resources projects under the jurisdiction of the 
     Department of the Army.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that includes--
       (1) a listing and general description of the cooperative 
     agreements entered into by the Secretary with non-Federal 
     public bodies and entities under subsection (a);
       (2) a determination of whether such agreements are 
     facilitating collaborative efforts; and
       (3) a recommendation on whether such agreements should be 
     further encouraged.

     SEC. 222. NONSTRUCTURAL FLOOD CONTROL PROJECTS.

       (a) Analysis of Benefits.--Section 308 of the Water 
     Resources Development Act of 1990 (33 U.S.C. 2318; 104 Stat. 
     4638) is amended--
       (1) in the heading to subsection (a) by inserting 
     ``Elements Excluded from'' before ``Benefit-Cost'';
       (2) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Flood Damage Reduction Benefits.--In calculating the 
     benefits of a proposed project for nonstructural flood damage 
     reduction, the Secretary shall calculate benefits of 
     nonstructural projects using methods similar to structural 
     projects, including similar treatment in calculating the 
     benefits from losses avoided from both structural and 
     nonstructural alternatives. In carrying out this subsection, 
     the Secretary should avoid double counting of benefits.''.
       (b) Reevaluation of Flood Control Projects.--At the request 
     of a non-Federal interest for a flood control project, the 
     Secretary shall conduct a reevaluation of a previously 
     authorized project to consider nonstructural alternatives in 
     light of the amendments made by subsection (a).
       (c) Cost Sharing.--Section 103(b) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(b)) is amended by 
     adding at the end the following: ``At any time during 
     construction of the project, where the Secretary determines 
     that the costs of lands, easements, rights-of-way, dredged 
     material disposal areas, and relocations in combination with 
     other costs contributed by the non-Federal interests will 
     exceed 35 percent, any additional costs for the project, but 
     not to exceed 65 percent of the total costs of the project, 
     shall be a Federal responsibility and shall be contributed 
     during construction as part of the Federal share.''.

     SEC. 223. LAKES PROGRAM.

       Section 602(a) of the Water Resources Development Act of 
     1986 (110 Stat. 3758) is amended--
       (1) by striking ``and'' at the end of paragraph (15);
       (2) by striking the period at the end of paragraph (16) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(17) Clear Lake, Lake County, California, removal of silt 
     and aquatic growth and measures to address excessive 
     sedimentation and high nutrient concentration; and
       ``(18) Osgood Pond, Milford, Hillsborough County, New 
     Hampshire, removal of silt and aquatic growth and measures to 
     address excessive sedimentation.
       ``(19) Flints Pond, Hollis, Hillsborough County, New 
     Hampshire, removal of silt and aquatic growth and measures to 
     address excessive sedimentation.''.

     SEC. 224. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-
                   FEDERAL INTERESTS.

       (a) Construction by Non-Federal Interests.--Section 
     211(d)(1) of the Water Resources Development Act of 1996 (33 
     U.S.C. 701b-13(d)(1)) is amended--
       (1) by striking ``(b) or'';
       (2) by striking ``Any non-Federal'' and inserting the 
     following:
       ``(A) Studies and design activities under subsection (b).--
     A non-Federal interest may only carry out construction for 
     which studies and design documents are prepared under 
     subsection (b) if the Secretary approves such construction. 
     The Secretary shall approve such construction unless the 
     Secretary determines, in writing, that the design documents 
     do not meet standard practices for design methodologies or 
     that the project is not economically justified or 
     environmentally acceptable or does not meet the requirements 
     for obtaining the appropriate permits required under the 
     Secretary's authority. The Secretary shall not unreasonably 
     withhold approval. Nothing in this subparagraph may be 
     construed to affect any regulatory authority of the 
     Secretary.
       ``(B) Studies and design activities under subsection (c).--
     Any non-Federal''; and
       (3) by aligning the remainder of subparagraph (B) (as 
     designated by paragraph (2) of this subsection) with 
     subparagraph (A) (as inserted by paragraph (2) of this 
     subsection).
       (b) Conforming Amendment.--Section 211(d)(2) of such Act is 
     amended by inserting ``(other than paragraph (1)(A))'' after 
     ``this subsection''.
       (c) Reimbursement.--
       (1) In general.--Section 211(e)(1) of such Act is amended--
       (A) in the matter preceding subparagraph (1) by inserting 
     after ``constructed pursuant to this section'' the following: 
     ``and provide credit for the non-Federal share of the 
     project'';
       (B) by striking ``and'' at the end of subparagraph (A);
       (C) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(C) if the construction work is reasonably equivalent to 
     Federal construction work.''.
       (2) Special rules.--Section 211(e)(2)(A) of such Act is 
     amended--
       (A) by striking ``subject to amounts being made available 
     in advance in appropriations Acts'' and inserting ``subject 
     to appropriations''; and
       (B) by inserting after ``the cost of such work'' the 
     following: ``, or provide credit (depending on the request of 
     the non-Federal interest) for the non-Federal share of such 
     work,''.
       (3) Schedule and manner of reimbursements.--Section 211(e) 
     of such Act (33 U.S.C. 701b-13(e)) is amended by adding at 
     the end the following:
       ``(6) Schedule and manner of reimbursement.--
       ``(A) Budgeting.--The Secretary shall budget and request 
     appropriations for reimbursements under this section on a 
     schedule that is consistent with a Federal construction 
     schedule.
       ``(B) Commencement of reimbursements.--Reimbursements under 
     this section may commence upon approval of a project by the 
     Secretary.
       ``(C) Credit.--At the request of a non-Federal interest, 
     the Secretary may reimburse the non-Federal interest by 
     providing credit toward future non-Federal costs of the 
     project.
       ``(D) Scheduling.--Nothing in this paragraph shall affect 
     the President's discretion to schedule new construction 
     starts.''.

     SEC. 225. ENHANCEMENT OF FISH AND WILDLIFE RESOURCES.

       Section 906(e) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2283(e)) is amended

[[Page 7858]]

     by inserting after the second sentence the following: ``Not 
     more than 80 percent of the non-Federal share of such first 
     costs may be satisfied through in-kind contributions, 
     including facilities, supplies, and services that are 
     necessary to carry out the enhancement project.''.

     SEC. 226. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--It 
     is the sense of Congress that, to the greatest extent 
     practicable, all equipment and products purchased with funds 
     made available under this Act should be American made.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary, to the 
     greatest extent practicable, shall provide to each recipient 
     of the assistance a notice describing the statement made in 
     subsection (a).

     SEC. 227. PERIODIC BEACH NOURISHMENT.

       (a) In General.--Section 506(a) of the Water Resources 
     Development Act of 1996 (110 Stat. 3757) is amended by adding 
     at the end the following:
       ``(5) Lee county, florida.--Project for shoreline 
     protection, Lee County, Captiva Island segment, Florida.''.
       (b) Projects.--Section 506(b)(3) of such Act (110 Stat. 
     3758) is amended by striking subparagraph (A) and 
     redesignating subparagraphs (B) through (D) as subparagraphs 
     (A) through (C), respectively.

     SEC. 228. ENVIRONMENTAL DREDGING.

       Section 312 of the Water Resources Development Act of 1990 
     (104 Stat. 4639-4640) is amended--
       (1) in subsection (b)(1) by striking ``50'' and inserting 
     ``35''; and
       (2) in subsection (d) by striking ``non-Federal 
     responsibility'' and inserting ``shared as a cost of 
     construction''.
                 TITLE III--PROJECT-RELATED PROVISIONS

     SEC. 301. MISSOURI RIVER LEVEE SYSTEM.

       The project for flood control, Missouri River Levee System, 
     authorized by section 10 of the Act entitled ``An Act 
     authorizing the construction of certain public works on 
     rivers and harbors for flood control, and other purposes'', 
     approved December 22, 1944 (58 Stat. 897), is modified to 
     provide that project costs totaling $2,616,000 expended on 
     Units L-15, L-246, and L-385 out of the Construction, General 
     account of the Corps of Engineers before the date of 
     enactment of the Water Resources Development Act of 1986 (33 
     U.S.C. 2201 note) shall not be treated as part of total 
     project costs.

     SEC. 302. OUZINKIE HARBOR, ALASKA.

       (a) Maximum Federal Expenditure.--The maximum amount of 
     Federal funds that may be expended for the project for 
     navigation, Ouzinkie Harbor, Alaska, shall be $8,500,000.
       (b) Revision of Project Cooperation Agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in subsection (a) to take into 
     account the change in the Federal participation in such 
     project pursuant to subsection (a).
       (c) Cost Sharing.--Nothing in this section shall be 
     construed to affect any cost-sharing requirement applicable 
     to the project referred to in subsection (a) under the Water 
     Resources Development Act of 1986.

     SEC. 303. GREERS FERRY LAKE, ARKANSAS.

       The project for flood control, Greers Ferry Lake, Arkansas, 
     authorized by the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and other purposes'', approved June 28, 
     1938 (52 Stat. 1218), is modified to authorize the Secretary 
     to construct water intake facilities for the benefit of 
     Lonoke and White Counties, Arkansas.

     SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, ARKANSAS.

       The project for flood control, St. Francis River Basin, 
     Missouri and Arkansas, authorized by section 204 of the Flood 
     Control Act of 1950 (64 Stat. 172), is modified to expand the 
     project boundaries to include Ten- and Fifteen-Mile Bayous 
     near West Memphis, Arkansas. Notwithstanding section 103(f) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4086), the flood control work at Ten- and Fifteen-Mile Bayous 
     shall not be considered separable elements of the St. Francis 
     Basin project.

     SEC. 305. LOGGY BAYOU, RED RIVER BELOW DENISON DAM, ARKANSAS, 
                   LOUISIANA, OKLAHOMA, AND TEXAS.

       The project for flood control on the Red River Below 
     Denison Dam, Arkansas, Louisiana, Oklahoma, and Texas, 
     authorized by section 10 of the Flood Control Act of 1946 (60 
     Stat. 647), is modified to direct the Secretary to conduct a 
     study to determine the feasibility of expanding the project 
     to include mile 0.0 to mile 7.8 of Loggy Bayou between the 
     Red River and Flat River. If the Secretary determines as a 
     result of the study that the project should be expanded, the 
     Secretary may assume responsibility for operation and 
     maintenance of the expanded project.

     SEC. 306. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

       (a) In General.--The project for flood control, Sacramento 
     River, California, authorized by section 2 of the Act 
     entitled ``An Act to provide for the control of the floods of 
     the Mississippi River and of the Sacramento River, 
     California, and for other purposes'', approved March 1, 1917 
     (39 Stat. 949), and modified by section 102 of the Energy and 
     Water Development Appropriations Act, 1990 (103 Stat. 649), 
     section 301(b)(3) of the Water Resources Development Act of 
     1996 (110 Stat. 3110), and title I of the Energy and Water 
     Development Appropriations Act, 1999 (112 Stat. 1841), is 
     further modified to authorize the Secretary--
       (1) to carry out the portion of the project at Glenn-
     Colusa, California, at a total cost of $26,000,000, with an 
     estimated Federal cost of $20,000,000 and an estimated non-
     Federal cost of $6,000,000; and
       (2) to carry out bank stabilization work in the vicinity of 
     the riverbed gradient facility, particularly in the vicinity 
     of River Mile 208.
       (b) Credit.--The Secretary shall provide the non-Federal 
     interests for the project referred to in subsection (a) a 
     credit of up to $4,000,000 toward the non-Federal share of 
     the project costs for the direct and indirect costs incurred 
     by the non-Federal sponsor in carrying out activities 
     associated with environmental compliance for the project. 
     Such credit may be in the form of reimbursements for costs 
     which were incurred by the non-Federal interests prior to an 
     agreement with the Corps of Engineers, to include the value 
     of lands, easements, rights-of-way, relocations, or dredged 
     material disposal areas.

     SEC. 307. SAN LORENZO RIVER, CALIFORNIA.

       The project for flood control and habitat restoration, San 
     Lorenzo River, California, authorized by section 101(a)(5) of 
     the Water Resources Development Act of 1996 (110 Stat. 3663), 
     is modified to authorize the Secretary to expand the 
     boundaries of the project to include bank stabilization for a 
     1,000-foot portion of the San Lorenzo River.

     SEC. 308. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.

       (a) Transfer of Title to Additional Land.--If the non-
     Federal interests for the project for flood control and water 
     supply, Terminus Dam, Kaweah River, California, authorized by 
     section 101(b)(5) of the Water Resources Development Act of 
     1996 (110 Stat. 3667), transfers to the Secretary without 
     consideration title to perimeter lands acquired for the 
     project by the non-Federal interests, the Secretary may 
     accept the transfer of such title.
       (b) Lands, Easement, and Rights-of-Way.--Nothing in this 
     section shall be construed to change, modify, or otherwise 
     affect the responsibility of the non-Federal interests to 
     provide lands, easements, rights-of-way, relocations, and 
     dredged material disposal areas necessary for the Terminus 
     Dam project and to perform operation and maintenance for the 
     project.
       (c) Operation and Maintenance.--Upon request by the non-
     Federal interests, the Secretary shall carry out operation, 
     maintenance, repair, replacement, and rehabilitation of the 
     project if the non-Federal interests enter into a binding 
     agreement with the Secretary to reimburse the Secretary for 
     100 percent of the costs of such operation, maintenance, 
     repair, replacement, and rehabilitation.
       (d) Hold Harmless.--The non-Federal interests shall hold 
     the United States harmless for ownership, operation, and 
     maintenance of lands and facilities of the Terminus Dam 
     project title to which is transferred to the Secretary under 
     this section.

     SEC. 309. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, 
                   DELAWARE, NEW JERSEY, AND PENNSYLVANIA.

       The project for navigation, Delaware River Mainstem and 
     Channel Deepening, Delaware, New Jersey and Pennsylvania, 
     authorized by section 101(6) of the Water Resources 
     Development Act of 1992 (106 Stat. 4802), is modified as 
     follows:
       (1) The Secretary is authorized to provide non-Federal 
     interests credit toward cash contributions required for 
     construction and subsequent to construction for engineering 
     and design and construction management work that is performed 
     by non-Federal interests and that the Secretary determines is 
     necessary to implement the project. Any such credits extended 
     shall reduce the Philadelphia District's private sector 
     performance goals for engineering work by a like amount.
       (2) The Secretary is authorized to provide to non-Federal 
     interests credit toward cash contributions required during 
     construction and subsequent to construction for the costs of 
     construction carried out by the non-Federal interest on 
     behalf of the Secretary and that the Secretary determines is 
     necessary to implement the project.
       (3) The Secretary is authorized to enter into an agreement 
     with a non-Federal interest for the payment of disposal or 
     tipping fees for dredged material from a Federal project 
     other than for the construction or operation and maintenance 
     of the new deepening project as described in the Limited 
     Reevaluation Report of May 1997, where the non-Federal 
     interest has supplied the corresponding disposal capacity.
       (4) The Secretary is authorized to enter into an agreement 
     with a non-Federal interest that will provide that the non-
     Federal interest may carry out or cause to have carried out, 
     on behalf of the Secretary, a disposal area management 
     program for dredged material disposal areas necessary to 
     construct, operate, and maintain the project and to authorize 
     the Secretary to reimburse the non-Federal interest for the 
     costs of the disposal area management program activities 
     carried out by the non-Federal interest.

     SEC. 310. POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.

       The project for flood control authorized by section 5 of 
     the Flood Control Act of June 22, 1936 (69 Stat. 1574), as 
     modified by section 301(a)(4) of the Water Resources 
     Development Act of 1996 (110 Stat. 3707), is further modified 
     to authorize the Secretary to construct the project at a 
     Federal cost of $5,965,000.

[[Page 7859]]



     SEC. 311. BREVARD COUNTY, FLORIDA.

       (a) Study.--The Secretary, in cooperation with the non-
     Federal interest, shall conduct a study of any damage to the 
     project for shoreline protection, Brevard County, Florida, 
     authorized by section 101(b)(7) of the Water Resources 
     Development Act of 1996 (110 Stat. 3667), to determine 
     whether the damage is the result of a Federal navigation 
     project.
       (b) Conditions.--In conducting the study, the Secretary 
     shall utilize the services of an independent coastal expert 
     who shall consider all relevant studies completed by the 
     Corps of Engineers and the project's local sponsor. The study 
     shall be completed within 120 days of the date of enactment 
     of this Act.
       (c) Mitigation of Damages.--After completion of the study, 
     the Secretary shall mitigate any damage to the shoreline 
     protection project that is the result of a Federal navigation 
     project. The costs of the mitigation shall be allocated to 
     the Federal navigation project as operation and maintenance.

     SEC. 312. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.

       The project for shoreline protection, Broward County and 
     Hillsboro Inlet, Florida, authorized by section 301 of the 
     River and Harbor Act of 1965 (79 Stat. 1090), is modified to 
     authorize the Secretary to reimburse the non-Federal interest 
     for the Federal share of the cost of preconstruction planning 
     and design for the project upon execution of a contract to 
     construct the project if the Secretary determines such work 
     is compatible with and integral to the project.

     SEC. 313. FORT PIERCE, FLORIDA.

       (a) In General.--The project for shore protection and 
     harbor mitigation, Fort Pierce, Florida, authorized by 
     section 301 of the River and Harbor Act of 1965 (79 Stat. 
     1092) and section 506(a)(2) of the Water Resources 
     Development Act of 1996 (110 Stat. 3757), is modified to 
     incorporate an additional 1 mile into the project in 
     accordance with a final approved General Reevaluation Report, 
     at a total cost for initial nourishment for the entire 
     project of $9,128,000, with an estimated Federal cost of 
     $7,073,500 and an estimated non-Federal cost of $2,054,500.
       (b) Period Nourishment.--Periodic nourishment is authorized 
     for the project in accordance with section 506(a)(2) of Water 
     Resources Development Act of 1996 (110 Stat. 3757).
       (c) Revision of the Project Cooperation Agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in subsection (a) to take into 
     account the change in Federal participation in the project 
     pursuant to subsection (a).

     SEC. 314. NASSAU COUNTY, FLORIDA.

       The project for beach erosion control, Nassau County 
     (Amelia fIsland), Florida, authorized by section 3(a)(3) of 
     the Water Resources Development Act of 1988 (102 Stat. 4013), 
     is modified to authorize the Secretary to construct the 
     project at a total cost of $17,000,000, with an estimated 
     Federal cost of $13,300,000 and an estimated non-Federal cost 
     of $3,700,000.

     SEC. 315. MIAMI HARBOR CHANNEL, FLORIDA.

       The project for navigation, Miami Harbor Channel, Florida, 
     authorized by section 101(a)(9) of the Water Resources 
     Development Act of 1990 (104 Stat. 4606), is modified to 
     include construction of artificial reefs and related 
     environmental mitigation required by Federal, State, and 
     local environmental permitting agencies for the project.

     SEC. 316. LAKE MICHIGAN, ILLINOIS.

       The project for storm damage reduction and shoreline 
     erosion protection, Lake Michigan, Illinois, from Wilmette, 
     Illinois, to the Illinois-Indiana State line, authorized by 
     section 101(a)(12) of the Water Resources Development Act of 
     1996 (110 Stat. 3664), is modified to authorize the Secretary 
     to provide a credit against the non-Federal share of the cost 
     of the project for costs incurred by the non-Federal 
     interest--
       (1) in constructing Reach 2D and Segment 8 of Reach 4 of 
     the project; and
       (2) in reconstructing Solidarity Drive in Chicago, 
     Illinois, prior to entry into a project cooperation agreement 
     with the Secretary.

     SEC. 317. SPRINGFIELD, ILLINOIS.

       Section 417 of the Water Resources Development Act of 1996 
     (110 Stat. 3743) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary''; and
       (2) by adding at the end the following:
       ``(b) Cost Sharing.--The non-Federal share of assistance 
     provided under this section before, on, or after the date of 
     enactment of this subsection shall be 50 percent.''.

     SEC. 318. LITTLE CALUMET RIVER, INDIANA.

       The project for flood control, Little Calumet River, 
     Indiana, authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4115), is modified to 
     authorize the Secretary to construct the project 
     substantially in accordance with the report of the Corps of 
     Engineers, at a total cost of $167,000,000, with an estimated 
     Federal cost of $122,000,000 and an estimated non-Federal 
     cost of $45,000,000.

     SEC. 319. OGDEN DUNES, INDIANA.

       (a) Study.--The Secretary shall conduct a study of beach 
     erosion in and around the town of Ogden Dunes, Indiana, to 
     determine whether the damage is the result of a Federal 
     navigation project.
       (b) Mitigation of Damages.--After completion of the study, 
     the Secretary shall mitigate any damage to the beach and 
     shoreline that is the result of a Federal navigation project. 
     The cost of the mitigation shall be allocated to the Federal 
     navigation project as operation and maintenance.

     SEC. 320. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.

       (a) Maximum Total Expenditure.--The maximum total 
     expenditure for the project for streambank erosion, 
     recreation, and pedestrian access features, Saint Joseph 
     River, South Bend, Indiana, shall be $7,800,000.
       (b) Revision of Project Cooperation Agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in subsection (a) to take into 
     account the change in the Federal participation in such 
     project pursuant to subsection (a).
       (c) Cost Sharing.--Nothing in this section shall be 
     construed to affect any cost-sharing requirement applicable 
     to the project referred to in subsection (a) under title I of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2211 
     et seq.).

     SEC. 321. WHITE RIVER, INDIANA.

       The project for flood control, Indianapolis on West Fork of 
     the White River, Indiana, authorized by section 5 of the Act 
     entitled ``An Act authorizing the construction of certain 
     public works on rivers and harbors for flood control, and 
     other purposes'', approved June 22, 1936 (49 Stat. 1586), and 
     modified by section 323 of the Water Resources Development 
     Act of 1996 (110 Stat. 3716), is further modified to 
     authorize the Secretary to undertake riverfront alterations 
     as described in the Central Indianapolis Waterfront Concept 
     Master Plan, dated February 1994, at a total cost of 
     $110,975,000, with an estimated Federal cost of $52,475,000 
     and an estimated non-Federal cost of $58,500,000.

     SEC. 322. LAKE PONTCHARTRAIN, LOUISIANA.

       The project for hurricane-flood protection, Lake 
     Pontchartrain, Louisiana, authorized by section 204 of the 
     Flood Control Act of 1965 (79 Stat. 1077), is modified--
       (1) to direct the Secretary to conduct a study to determine 
     the feasibility of constructing a pump adjacent to each of 
     the 4 proposed drainage structures for the Saint Charles 
     Parish feature of the project; and
       (2) to authorize the Secretary to construct such pumps upon 
     completion of the study.

     SEC. 323. LAROSE TO GOLDEN MEADOW, LOUISIANA.

       The project for hurricane protection Larose to Golden 
     Meadow, Louisiana, authorized by section 204 of the Flood 
     Control Act of 1965 (79 Stat. 1077), is modified to direct 
     the Secretary to convert the Golden Meadow floodgate into a 
     navigation lock if the Secretary determines that the 
     conversion is feasible.

     SEC. 324. LOUISIANA STATE PENITENTIARY LEVEE, LOUISIANA.

       The Louisiana State Penitentiary Levee project, Louisiana, 
     authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4117), is modified to 
     direct the Secretary to provide credit to the non-Federal 
     interest toward the non-Federal share of the cost of the 
     project. The credit shall be for cost of work performed by 
     the non-Federal interest prior to the execution of a project 
     cooperation agreement as determined by the Secretary to be 
     compatible with and an integral part of the project.

     SEC. 325. TWELVE-MILE BAYOU, CADDO PARISH, LOUISIANA.

       The Secretary shall be responsible for maintenance of the 
     levee along Twelve-Mile Bayou from its junction with the 
     existing Red River Below Denison Dam Levee approximately 26 
     miles upstream to its terminus at high ground in the vicinity 
     of Black Bayou, Caddo Parish, Louisiana, if the Secretary 
     determines that such maintenance is economically justified 
     and environmentally acceptable and that the levee was 
     constructed in accordance with appropriate design and 
     engineering standards.

     SEC. 326. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY 
                   CANAL), LOUISIANA.

       (a) In General.--The project for flood control and storm 
     damage reduction, West Bank of the Mississippi River (East of 
     Harvey Canal), Louisiana, authorized by section 401(b) of the 
     Water Resources Development Act of 1986 (100 Stat. 4128) and 
     section 101(a)(17) of the Water Resources Development Act of 
     1996 (110 Stat. 3665), is modified--
       (1) to provide that any liability under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) from the construction of the 
     project is a Federal responsibility; and
       (2) to authorize the Secretary to carry out operation and 
     maintenance of that portion of the project included in the 
     report of the Chief of Engineers, dated May 1, 1995, referred 
     to as ``Algiers Channel'', if the non-Federal sponsor 
     reimburses the Secretary for the amount of such operation and 
     maintenance included in the report of the Chief of Engineers.
       (b) Combination of Projects.--The Secretary shall carry out 
     work authorized as part of the Westwego to Harvey Canal 
     project, the East of Harvey cannal project, and the Lake 
     Cataouatche modifications as a single project, to be known as 
     the West Bank and vicinity, New Orleans, Louisiana, hurricane 
     protection project, with a combined total cost of 
     $280,300,000.

     SEC. 327. TOLCHESTER CHANNEL, BALTIMORE HARBOR AND CHANNELS, 
                   CHESAPEAKE BAY, KENT COUNTY, MARYLAND.

       The project for navigation, Tolchester Channel, Baltimore 
     Harbor and Channels, Chesapeake Bay, Kent County, Maryland, 
     authorized by section 101 of the River and Harbor Act of 1958 
     (72 Stat. 297), is modified to authorize the Secretary to 
     straighten the navigation channel in accordance with the 
     District Engineer's Navigation Assessment Report and 
     Environmental

[[Page 7860]]

     Assessment, dated April 30, 1997. This modification shall be 
     carried out in order to improve navigation safety.

     SEC. 328. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.

       The project for navigation Sault Sainte Marie, Chippewa 
     County, Michigan, authorized by section 1149 of the Water 
     Resources Development Act of 1986 (100 Stat. 4254-4255) and 
     modified by section 330 of the Water Resources Development 
     Act of 1996 (110 Stat. 3717-3718), is further modified to 
     provide that the amount to be paid by non-Federal interests 
     pursuant to section 101(a) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2211(a)) and subsection (a) of such 
     section 330 shall not include any interest payments.

     SEC. 329. JACKSON COUNTY, MISSISSIPPI.

       The project for environmental infrastructure, Jackson 
     County, Mississippi, authorized by section 219(c)(5) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835) and 
     modified by section 504 of the Water Resources Development 
     Act of 1996 (110 Stat. 3757), is further modified to direct 
     the Secretary to provide a credit, not to exceed $5,000,000, 
     against the non-Federal share of the cost of the project for 
     the costs incurred by the Jackson County Board of Supervisors 
     since February 8, 1994, in constructing the project if the 
     Secretary determines that such costs are for work that the 
     Secretary determines is compatible with and integral to the 
     project.

      SEC. 330. TUNICA LAKE, MISSISSIPPI.

       The project for flood control, Mississippi River Channel 
     Improvement Project, Tunica Lake, Mississippi, authorized by 
     the Act entitled: ``An Act for the control of floods on the 
     Mississippi River and its tributaries, and for other 
     purposes'', approved May 15, 1928 (45 Stat. 534-538), is 
     modified to include construction of a weir at the Tunica 
     Cutoff, Mississippi.

     SEC. 331. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, MISSOURI.

       (a) Maximum Federal Expenditure.--The maximum amount of 
     Federal funds that may be allocated for the project for flood 
     control, Bois Brule Drainage and Levee District, Missouri, 
     authorized pursuant to section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s), shall be $15,000,000.
       (b) Revision of the Project Cooperation Agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in subsection (a) to take into 
     account the change in Federal participation in the project 
     pursuant to subsection (a).
       (c) Cost Sharing.--Nothing in this section shall be 
     construed to affect any cost-sharing requirement applicable 
     to the project referred to in subsection (a) under title I of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2211 
     et seq.).

     SEC. 332. MERAMEC RIVER BASIN, VALLEY PARK LEVEE, MISSOURI.

       The project for flood control, Meramec River Basin, Valley 
     Park Levee, Missouri, authorized by section 2(h) of an Act 
     entitled ``An Act to deauthorize several projects within the 
     jurisdiction of the Army Corps of Engineers'' (95 Stat. 1682-
     1683) and modified by section 1128 of the Water Resources 
     Development Act of 1986, (100 Stat. 4246), is further 
     modified to authorize the Secretary to construct the project 
     at a maximum Federal expenditure of $35,000,000.

     SEC. 333. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, 
                   KANSAS, IOWA, AND NEBRASKA.

       (a) In General.--The project for mitigation of fish and 
     wildlife losses, Missouri River Bank Stabilization and 
     Navigation Project, Missouri, Kansas, Iowa, and Nebraska, 
     authorized by section 601 of the Water Resources Development 
     Act of 1986 (100 Stat. 4143), is modified to increase by 
     118,650 acres the lands and interests in lands to be acquired 
     for the project.
       (b) Study.--
       (1) In general.--The Secretary, in conjunction with the 
     States of Nebraska, Iowa, Kansas, and Missouri, shall conduct 
     a study to determine the cost of restoring, under the 
     authority of the Missouri River fish and wildlife mitigation 
     project, a total of 118,650 acres of lost Missouri River 
     habitat.
       (2) Report.--The Secretary shall report to Congress on the 
     results of the study not later than 6 months after the date 
     of enactment of this Act.

     SEC. 334. WOOD RIVER, GRAND ISLAND, NEBRASKA.

       The project for flood control, Wood River, Grand Island, 
     Nebraska, authorized by section 101(a)(19) of the Water 
     Resources Development Act of 1996 (110 Stat. 3665), is 
     modified to authorize the Secretary to construct the project 
     substantially in accordance with the report of the Corps of 
     Engineers dated June 29, 1998, at a total cost of 
     $17,039,000, with an estimated Federal cost of $9,730,000 and 
     an estimated non-Federal cost of $7,309,000.

     SEC. 335. ABSECON ISLAND, NEW JERSEY.

       The project for storm damage reduction and shoreline 
     protection, Brigantine Inlet to Great Egg Harbor Inlet, 
     Absecon Island, New Jersey, authorized by section 101(b)(13) 
     of the Water Resources Development Act of 1996 (110 Stat. 
     3668), is modified to provide that, if, after October 12, 
     1996, the non-Federal interests carry out any work associated 
     with the project that is later recommended by the Chief of 
     Engineers and approved by the Secretary, the Secretary may 
     credit the non-Federal interests toward the non-Federal share 
     of the cost of the project an amount equal to the Federal 
     share of the cost of such work, without interest.

     SEC. 336. NEW YORK HARBOR AND ADJACENT CHANNELS, PORT JERSEY, 
                   NEW JERSEY

       The project for navigation, New York Harbor and Adjacent 
     Channels, New York and New Jersey, authorized by section 
     202(b) of the Water Resources Development Act of 1986 (100 
     Stat. 4098), is modified to authorize the Secretary to 
     construct that portion of the project that is located between 
     Military Ocean Terminal Bayonne and Global Terminal in 
     Bayonne, New Jersey, substantially in accordance with the 
     report of the Corps of Engineers, at a total cost of 
     $103,267,000, with an estimated Federal cost of $76,909,000 
     and an estimated non-Federal cost of $26,358,000.

     SEC. 337. PASSAIC RIVER, NEW JERSEY.

       Section 101(a)(18)(B) of the Water Resources Development 
     Act of 1990 (104 Stat. 4608-4609) is amended by inserting ``, 
     including an esplanade for safe pedestrian access with an 
     overall width of 600 feet'' after ``public access to Route 
     21''.

     SEC. 338. SANDY HOOK TO BARNEGAT INLET, NEW JERSEY.

       The project for shoreline protection, Sandy Hook to 
     Barnegat Inlet, New Jersey, authorized by section 101 of the 
     River and Harbor Act of 1958 (72 Stat. 299), is modified--
       (1) to include the demolition of Long Branch pier and 
     extension of Ocean Grove pier; and
       (2) to authorize the Secretary to reimburse the non-Federal 
     sponsor for the Federal share of costs associated with the 
     demolition of Long Branch pier and the construction of the 
     Ocean Grove pier.

     SEC. 339. ARTHUR KILL, NEW YORK AND NEW JERSEY.

       The project for navigation, Arthur Kill, New York and New 
     Jersey, authorized by section 202(b) of the Water Resources 
     Development Act of 1986 (100 Stat. 4098) and modified by 
     section 301(b)(11) of the Water Resources Development Act of 
     1996 (110 Stat. 3711), is further modified to authorize the 
     Secretary to construct the portion of the project at Howland 
     Hook Marine Terminal substantially in accordance with the 
     report of the Corps of Engineers, dated September 30, 1998, 
     at a total cost of $315,700,000, with an estimated Federal 
     cost of $183,200,000 and an estimated non-Federal cost of 
     $132,500,000.

     SEC. 340. NEW YORK CITY WATERSHED.

       Section 552(i) of the Water Resources Development Act of 
     1996 (110 Stat. 3781) is amended by striking ``$22,500,000'' 
     and inserting ``$42,500,000''.

     SEC. 341. NEW YORK STATE CANAL SYSTEM.

       Section 553(e) of the Water Resources Development Act of 
     1996 (110 Stat. 3781) is amended by striking ``$8,000,000'' 
     and inserting ``$18,000,000''.

     SEC. 342. FIRE ISLAND INLET TO MONTAUK POINT, NEW YORK.

       The project for combined beach erosion control and 
     hurricane protection, Fire Island Inlet to Montauk Point, 
     Long Island, New York, authorized by the River and Harbor Act 
     of 1960 (74 Stat. 483) and modified by the River and Harbor 
     Act of 1962, the Water Resources Development Act of 1974, and 
     the Water Resources Development Act of 1986, is further 
     modified to direct the Secretary, in coordination with the 
     heads of other Federal departments and agencies, to complete 
     all procedures and reviews expeditiously and to adopt and 
     transmit to Congress not later than June 30, 1999, a mutually 
     acceptable shore erosion plan for the Fire Island Inlet to 
     Moriches Inlet reach of the project.

     SEC. 343. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.

       The project for flood control and water supply, Broken Bow 
     Lake, Red River Basin, Oklahoma, authorized by section 203 of 
     the Flood Control Act of 1958 (72 Stat. 309) and modified by 
     section 203 of the Flood Control Act of 1962 (76 Stat. 1187), 
     section 102(v) of the Water Resources Development Act of 1992 
     (106 Stat. 4808), and section 338 of the Water Resources 
     Development Act of 1996 (110 Stat. 3720), is further modified 
     to require the Secretary to make seasonal adjustments to the 
     top of the conservation pool at the project as follows (if 
     the Secretary determines that the adjustments will be 
     undertaken at no cost to the United States and will 
     adequately protect impacted water and related resources):
       (1) Maintain an elevation of 599.5 from November 1 through 
     March 31.
       (2) Increase elevation gradually from 599.5 to 602.5 during 
     April and May.
       (3) Maintain an elevation of 602.5 from June 1 to September 
     30.
       (4) Decrease elevation gradually from 602.5 to 599.5 during 
     October.

     SEC. 344. WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE 
                   SUBBASIN, OREGON.

       (a) In General.--The project for environmental restoration, 
     Willamette River Temperature Control, McKenzie Subbasin, 
     Oregon, authorized by section 101(a)(25) of the Water 
     Resources Development Act of 1996 (110 Stat. 3665), is 
     modified to authorize the Secretary to construct the project 
     substantially in accordance with the Feature Memorandum dated 
     July 31, 1998, at a total cost of $64,741,000.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall report to Congress 
     on the reasons for the cost growth of the Willamette River 
     project and outline the steps the Corps of Engineers is 
     taking to control project costs, including the application of 
     value engineering and other appropriate measures. In the 
     report, the Secretary shall also include a cost estimate for, 
     and recommendations on the advisability of, adding fish 
     screens to the project.

[[Page 7861]]



     SEC. 345. AYLESWORTH CREEK RESERVOIR, PENNSYLVANIA.

       The project for flood control, Aylesworth Creek Reservoir, 
     Pennsylvania, authorized by section 203 of the Flood Control 
     Act of 1962 (76 Stat. 1182), is modified to authorize the 
     Secretary to transfer, in each of fiscal years 1999 and 2000, 
     $50,000 to the Aylesworth Creek Reservoir Park Authority for 
     recreational facilities.

     SEC. 346. CURWENSVILLE LAKE, PENNSYLVANIA.

       Section 562 of the Water Resources Development Act of 1996 
     (110 Stat. 3784) is amended by adding at the end the 
     following: ``The Secretary shall provide design and 
     construction assistance for recreational facilities at 
     Curwensville Lake and, when appropriate, may require the non-
     Federal interest to provide not more than 25 percent of the 
     cost of designing and constructing such facilities. The 
     Secretary may transfer, in each of fiscal years 1999 through 
     2003, $100,000 to the Clearfield County Municipal Services 
     and Recreation Authority for recreational facilities.''.

     SEC. 347. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.

       The project for navigation, Delaware River, Philadelphia to 
     Wilmington, Pennsylvania and Delaware, authorized by section 
     3(a)(12) of the Water Resources Development Act of 1988 (102 
     Stat. 4014), is modified to authorize the Secretary to extend 
     the channel of the Delaware River at Camden, New Jersey, to 
     within 150 feet of the existing bulkhead and to relocate the 
     40-foot deep Federal navigation channel, eastward within 
     Philadelphia Harbor, from the Ben Franklin Bridge to the Walt 
     Whitman Bridge, into deep water.

     SEC. 348. MUSSERS DAM, PENNSYLVANIA.

       Section 209 of the Water Resources Development Act of 1992 
     (106 Stat. 4830) is amended by striking subsection (e) and 
     redesignating subsection (f) as subsection (e).

     SEC. 349. NINE-MILE RUN, ALLEGHENY COUNTY, PENNSYLVANIA.

       The Nine-Mile Run project, Allegheny County, Pennsylvania, 
     carried out pursuant to section 206 of the Water Resources 
     Development Act of 1996 (33 U.S.C. 2330; 110 Stat. 3679-
     3680), is modified to authorize the Secretary to provide a 
     credit toward the non-Federal share of the project for costs 
     incurred by the non-Federal interest in preparing 
     environmental and feasibility documentation for the project 
     before entering into an agreement with the Corps of Engineers 
     with respect to the project if the Secretary determines such 
     costs are for work that is compatible with and integral to 
     the project.

     SEC. 350. RAYSTOWN LAKE, PENNSYLVANIA.

       (a) Recreation Partnership Initiative.--Section 519(b) of 
     the Water Resources Development Act of 1996 (110 Stat. 3765) 
     is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Engineering and design services.--The Secretary may 
     perform, at full Federal expense, engineering and design 
     services for project infrastructure expected to be associated 
     with the development of the site at Raystown Lake, Hesston, 
     Pennsylvania.''.
       (b) Construction Assistance.--
       (1) In general.--Consistent with the master plan described 
     in section 318 of the Water Resources Development Act of 1992 
     (106 Stat. 4848), the Secretary may provide a grant to 
     Juniata College for the construction of facilities and 
     structures at Raystown Lake, Pennsylvania, to interpret and 
     understand environmental conditions and trends. As a 
     condition of the receipt of such financial assistance, 
     officials at Juniata College shall coordinate with the 
     Baltimore District of the Army Corps of Engineers.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for fiscal years beginning 
     after September 30, 1998, to carry out this subsection.

     SEC. 351. SOUTH CENTRAL PENNSYLVANIA.

       Section 313(g)(1) of the Water Resources Development Act of 
     1992 (106 Stat. 4846) is amended by striking ``$80,000,000'' 
     and inserting ``$180,000,000''.

     SEC. 352. COOPER RIVER, CHARLESTON HARBOR, SOUTH CAROLINA.

       The project for rediversion, Cooper River, Charleston 
     Harbor, South Carolina, authorized by section 101 of the 
     River and Harbor Act of 1968 (82 Stat. 731) and modified by 
     title I of the Energy and Water Development Appropriations 
     Act, 1992 (105 Stat. 516), is further modified to authorize 
     the Secretary to pay to the State of South Carolina not more 
     than $3,750,000 if the Secretary and the State enter into a 
     binding agreement for the State to perform all future 
     operation of, including associated studies to assess the 
     efficacy of, the St. Stephen, South Carolina, fish lift. The 
     agreement must specify the terms and conditions under which 
     payment will be made and the rights of, and remedies 
     available to, the Federal Government to recover all or a 
     portion of such payment in the event the State suspends or 
     terminates operation of the fish lift or fails to operate the 
     fish lift in a manner satisfactory to the Secretary. 
     Maintenance of the fish lift shall remain a Federal 
     responsibility.

     SEC. 353. BOWIE COUNTY LEVEE, TEXAS.

       The project for flood control, Red River Below Denison Dam, 
     Texas and Oklahoma, authorized by section 10 of the Flood 
     Control Act of 1946 (60 Stat. 647), is modified to direct the 
     Secretary to implement the Bowie County Levee feature of the 
     project in accordance with the plan defined as Alternative B 
     in the draft document entitled ``Bowie County Local Flood 
     Protection, Red River, Texas Project Design Memorandum No. 1, 
     Bowie County Levee'', dated April 1997. In evaluating and 
     implementing this modification, the Secretary shall allow the 
     non-Federal interest to participate in the financing of the 
     project in accordance with section 903(c) of the Water 
     Resources Development Act of 1986 (100 Stat. 4184) to the 
     extent that the Secretary's evaluation indicates that 
     applying such section is necessary to implement the project.

     SEC. 354. CLEAR CREEK, TEXAS.

       Section 575 of the Water Resources Development Act of 1996 
     (110 Stat. 3789) is amended by adding at the end the 
     following:
       ``(c) Clear Creek, Texas.--In any evaluation of economic 
     benefits and costs for the project for flood control, Clear 
     Creek, Texas, authorized by section 203 of the Flood Control 
     Act of 1968 (82 Stat. 742) that occurs after the date of 
     enactment of this subsection, the Secretary shall include the 
     costs and benefits of nonstructural measures undertaken, 
     including any buyout or relocation actions, of non-Federal 
     interests within the drainage area of such project before the 
     date of the evaluation in the determination of conditions 
     existing before the construction of the project.''.

     SEC. 355. CYPRESS CREEK, TEXAS.

       (a) In General.--The project for flood control, Cypress 
     Creek, Texas, authorized by section 3(a)(13) of the Water 
     Resources Development Act of 1988 (102 Stat. 4014), is 
     modified to authorize the Secretary to carry out a 
     nonstructural flood control project at a total cost of 
     $5,000,000.
       (b) Reimbursement for Work.--The Secretary may reimburse 
     the non-Federal interest for the Cypress Creek project for 
     work done by the non-Federal interest on the nonstructural 
     flood control project in an amount equal to the estimate of 
     the Federal share, without interest, of the cost of such 
     work--
       (1) if, after authorization and before initiation of 
     construction of such nonstructural project, the Secretary 
     approves the plans for construction of such nonstructural 
     project by the non-Federal interest; and
       (2) if the Secretary finds, after a review of studies and 
     design documents prepared to carry out such nonstructural 
     project, that construction of such nonstructural project is 
     economically justified and environmentally acceptable.

     SEC. 356. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

       The project for flood control, Dallas Floodway Extension, 
     Dallas, Texas, authorized by section 301 of the River and 
     Harbor Act of 1965 (79 Stat. 1091) and modified by section 
     351 of the Water Resources Development Act of 1996 (110 Stat. 
     3724), is further modified--
       (1) to add environmental restoration and recreation as 
     project purposes; and
       (2) to authorize the Secretary to construct the project 
     substantially in accordance with the Chain of Wetlands Plan 
     in the report of the Corps of Engineers at a total cost of 
     $123,200,000, with an estimated Federal cost of $80,000,000 
     and an estimated non-Federal cost of $43,200,000.

     SEC. 357. UPPER JORDAN RIVER, UTAH.

       The project for flood control, Upper Jordan River, Utah, 
     authorized by section 101(a)(23) of the Water Resources 
     Development Act of 1990 (104 Stat. 4610) and modified by 
     section 301(a)(14) of the Water Resources Development Act of 
     1996 (110 Stat. 3709), is further modified to direct the 
     Secretary to carry out the locally preferred project, 
     entitled ``Upper Jordan River Flood Control Project, Salt 
     Lake County, Utah--Supplemental Information'' and identified 
     in the document of Salt Lake County, Utah, dated July 30, 
     1998, at a total cost of $12,870,000, with an estimated 
     Federal cost of $8,580,000 and an estimated non-Federal cost 
     of $4,290,000.

     SEC. 358. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.

       Notwithstanding any other provision of law, after September 
     30, 1999, the city of Chesapeake, Virginia, shall not be 
     obligated to make the annual cash contribution required under 
     paragraph 1(9) of the Local Cooperation Agreement dated 
     December 12, 1978, between the Government and the city for 
     the project for navigation, southern branch of Elizabeth 
     River, Chesapeake, Virginia.

     SEC. 359. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.

       Section 102(ff) of the Water Resources Development Act of 
     1992 (106 Stat. 4810) is amended by striking ``take such 
     measures as are technologically feasible'' and inserting 
     ``implement Plan C/G, as defined in the Evaluation Report of 
     the District Engineer, dated December 1996,''.

     SEC. 360. GREENBRIER BASIN, WEST VIRGINIA.

       Section 579(c) of the Water Resources Development Act of 
     1996 (110 Stat. 3790) is amended by striking ``$12,000,000'' 
     and inserting ``$73,000,000.''

     SEC. 361. MOOREFIELD, WEST VIRGINIA.

       Effective October 1, 1999, the project for flood control, 
     Moorefield, West Virginia, authorized by section 101(a)(25) 
     of the Water Resources Development Act of 1990 (104 Stat. 
     4610-4611), is modified to provide that the non-Federal 
     interest shall not be required to pay the unpaid balance, 
     including interest, of the non-Federal share of the cost of 
     the project.

     SEC. 362. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.

       Section 581(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3790) is amended to read as follows:
       ``(a) In General.--The Secretary may design and construct--
       ``(1) flood control measures in the Cheat and Tygart River 
     basins, West Virginia, at a level of protection that is 
     sufficient to prevent any future losses to these communities 
     from flooding

[[Page 7862]]

     such as occurred in January 1996 but no less than a 100-year 
     level of protection; and
       ``(2) structural and nonstructural flood control, 
     streambank protection, stormwater management, and channel 
     clearing and modification measures in the Lower Allegheny, 
     Lower Monongahela, West Branch Susquehanna, and Juniata River 
     basins, Pennsylvania, at a level of protection that is 
     sufficient to prevent any future losses to communities in 
     these basins from flooding such as occurred in January 1996, 
     but no less than a 100-year level of flood protection with 
     respect to those measures that incorporate levees or 
     floodwalls.''.

     SEC. 363. PROJECT REAUTHORIZATIONS.

       (a) Lee Creek, Arkansas and Oklahoma.--The project for 
     flood protection on Lee Creek, Arkansas and Oklahoma, 
     authorized by section 204 of the Flood Control Act of 1965 
     (79 Stat. 1078) and deauthorized pursuant to section 
     1001(b)(1) of the Water Resources Development Act of 1986 (33 
     U.S.C. 579a(b)(1)), is authorized to be carried out by the 
     Secretary.
       (b) Indian River County, Florida.--The project for shore 
     protection, Indian River County, Florida, authorized by 
     section 501 of the Water Resources and Development Act of 
     1986 (100 Stat. 4134) and deauthorized pursuant to section 
     1001(b)(1) of the Water Resources Development Act of 1986 (33 
     U.S.C. 579a(b)(1)), is authorized to be carried out by the 
     Secretary.
       (c) Lido Key, Florida.--The project for shore protection, 
     Lido Key, Florida, authorized by section 101 of the River and 
     Harbor Act of 1970 (84 Stat. 1819) and deauthorized pursuant 
     to section 1001(b)(2) of the Water Resources Development Act 
     of 1986 (33 U.S.C 579a(b)(2)), is authorized to be carried 
     out by the Secretary.
       (d) St. Augustine, St. Johns County, Florida.--
       (1) In general.--The project for shore protection and storm 
     damage reduction, St. Augustine, St. Johns County, Florida, 
     authorized by section 501 of the Water Resources Development 
     Act of 1986 and deauthorized pursuant to section 1001(a) of 
     such Act (33 U.S.C. 579a(a)), is authorized to include 
     navigation mitigation as a project purpose and to be carried 
     out by the Secretary substantially in accordance with the 
     General Reevaluation Report dated November 18, 1998, at a 
     total cost of $16,086,000, with an estimated Federal cost of 
     $12,949,000 and an estimated non-Federal cost of $3,137,000.
       (2) Periodic nourishment.--The Secretary is authorized to 
     carry out periodic nourishment for the project for a 50-year 
     period at an estimated average annual cost of $1,251,000, 
     with an estimated annual Federal cost of $1,007,000 and an 
     estimated annual non-Federal cost of $244,000.
       (e) Cass River, Michigan (Vassar).--The project for flood 
     protection, Cass River, Michigan (Vassar), authorized by 
     section 203 of the Flood Control Act of 1958 (72 Stat. 311) 
     and deauthorized pursuant to section 1001(b)(2) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), is 
     authorized to be carried out by the Secretary.
       (f) Saginaw River, Michigan (Shiawassee Flats).--The 
     project for flood control, Saginaw River, Michigan 
     (Shiawassee Flats), authorized by section 203 of the Flood 
     Control Act of 1958 (72 Stat. 311) and deauthorized pursuant 
     to section 1001(b)(2) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 579a(b)(2)), is authorized to be carried 
     out by the Secretary.
       (g) Park River, Grafton, North Dakota.--The project for 
     flood control, Park River, Grafton, North Dakota, authorized 
     by section 401(a) of the Water Resources Development Act of 
     1986 (100 Stat. 4121) and deauthorized pursuant to section 
     1001(a) of such Act (33 U.S.C. 579a(a)), is authorized to be 
     carried out by the Secretary.
       (h) Memphis Harbor, Memphis, Tennessee.--The project for 
     navigation, Memphis Harbor, Memphis, Tennessee, authorized by 
     section 601(a) of the Water Resources Development Act of 1986 
     (100 Stat. 4145) and deauthorized pursuant to 1001(a) of such 
     Act (33 U.S.C 579a(a)), is authorized to be carried out by 
     the Secretary.

     SEC. 364. PROJECT DEAUTHORIZATIONS.

       (a) In General.--The following projects or portions of 
     projects are not authorized after the date of enactment of 
     this Act:
       (1) Bridgeport harbor, connecticut.--That portion of the 
     project for navigation, Bridgeport Harbor, Connecticut, 
     authorized by section 101 of the River and Harbor Act of 1958 
     (72 Stat. 297), consisting of a 2.4-acre anchorage area, 9 
     feet deep, and an adjacent 0.6-acre anchorage, 6 feet deep, 
     located on the west side of Johnsons River.
       (2) Clinton harbor, connecticut.--That portion of the 
     project for navigation, Clinton Harbor, Connecticut, 
     authorized by the Rivers and Harbors Act of 1945, House 
     Document 240, 76th Congress, 1st Session, lying upstream of a 
     line designated by the 2 points N158,592.12, E660,193.92 and 
     N158,444.58, E660,220.95.
       (3) Bass harbor, maine.--The following portions of the 
     project for navigation, Bass Harbor, Maine, authorized on May 
     7, 1962, under section 107 of the River and Harbor Act of 
     1960 (33 U.S.C. 577):
       (A) Beginning at a bend in the project, N149040.00, 
     E538505.00, thence running easterly about 50.00 feet along 
     the northern limit of the project to a point N149061.55, 
     E538550.11, thence running southerly about 642.08 feet to a 
     point, N14877.64, E538817.18, thence running southwesterly 
     about 156.27 feet to a point on the westerly limit of the 
     project, N148348.50, E538737.02, thence running northerly 
     about 149.00 feet along the westerly limit of the project to 
     a bend in the project, N148489.22, E538768.09, thence running 
     northwesterly about 610.39 feet along the westerly limit of 
     the project to the point of origin.
       (B) Beginning at a point on the westerly limit of the 
     project, N148118.55, E538689.05, thence running southeasterly 
     about 91.92 feet to a point, N148041.43, E538739.07, thence 
     running southerly about 65.00 feet to a point, N147977.86, 
     E538725.51, thence running southwesterly about 91.92 feet to 
     a point on the westerly limit of the project, N147927.84, 
     E538648.39, thence running northerly about 195.00 feet along 
     the westerly limit of the project to the point of origin.
       (4) Boothbay harbor, maine.--The project for navigation, 
     Boothbay Harbor, Maine, authorized by the River and Harbor 
     Act of 1912 (37 Stat. 201).
       (5) Bucksport harbor, maine.--That portion of the project 
     for navigation, Bucksport Harbor, Maine, authorized by the 
     River and Harbor Act of 1902, consisting of a 16-foot deep 
     channel beginning at a point N268.748.16, E423.390.76, thence 
     running north 47 degrees 02 minutes 23 seconds east 51.76 
     feet to a point N268.783.44, E423.428.64, thence running 
     north 67 degrees 54 minutes 32 seconds west 1513.94 feet to a 
     point N269.352.81, E422.025.84, thence running south 47 
     degrees 02 minutes 23 seconds west 126.15 feet to a point 
     N269.266.84, E421.933.52, thence running south 70 degrees 24 
     minutes 28 seconds east 1546.79 feet to the point of origin.
       (6) East boothbay harbor, maine.--The project for 
     navigation, East Boothbay Harbor, Maine, authorized by the 
     first section of the Act entitled, ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved June 25, 1910 (36 Stat. 631).
       (7) Wells harbor, maine.--The following portions of the 
     project for navigation, Wells Harbor, Maine, authorized by 
     section 101 of the River and Harbor Act of 1960 (74 Stat. 
     480):
       (A) The portion of the 6-foot channel the boundaries of 
     which begin at a point with coordinates N177,992.00, 
     E394,831.00, thence running south 83 degrees 58 minutes 14.8 
     seconds west 10.38 feet to a point N177,990.91, E394,820.68, 
     thence running south 11 degrees 46 minutes 47.7 seconds west 
     991.76 feet to a point N177,020.04, E394,618.21, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 10.00 
     feet to a point N177,018.00, E394,628.00, thence running 
     north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to 
     the point of origin.
       (B) The portion of the 6-foot anchorage the boundaries of 
     which begin at a point with coordinates N177,778.07, 
     E394,336.96, thence running south 51 degrees 58 minutes 32.7 
     seconds west 15.49 feet to a point N177,768.53, E394,324.76, 
     thence running south 11 degrees 46 minutes 26.5 seconds west 
     672.87 feet to a point N177,109.82, E394,187.46, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 10.00 
     feet to a point N177,107.78, E394,197.25, thence running 
     north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to 
     the point of origin.
       (C) The portion of the 10-foot settling basin the 
     boundaries of which begin at a point with coordinates 
     N177,107.78, E394,197.25, thence running north 78 degrees 13 
     minutes 45.7 seconds west 10.00 feet to a point N177,109.82, 
     E394,187.46, thence running south 11 degrees 46 minutes 15.7 
     seconds west 300.00 feet to a point N176,816.13, E394,126.26, 
     thence running south 78 degrees 12 minutes 21.4 seconds east 
     9.98 feet to a point N176,814.09, E394,136.03, thence running 
     north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to 
     the point of origin.
       (D) The portion of the 10-foot settling basin the 
     boundaries of which begin at a point with coordinates 
     N177,018.00, E394,628.00, thence running north 78 degrees 13 
     minutes 45.7 seconds west 10.00 feet to a point N177,020.04, 
     E394,618.21, thence running south 11 degrees 46 minutes 44.0 
     seconds west 300.00 feet to a point N176,726.36, E394,556.97, 
     thence running south 78 degrees 12 minutes 30.3 seconds east 
     10.03 feet to a point N176,724.31, E394,566.79, thence 
     running north 11 degrees 46 minutes 22.4 seconds east 300.00 
     feet to the point of origin.
       (8) Falmouth harbor, massachusetts.--That portion of the 
     project for navigation, Falmouth Harbor, Massachusetts, 
     authorized by section 101 of the River and Harbor Act of 1948 
     lying southeasterly of a line commencing at a point 
     N199,286.41, E844,394.91, thence running north 66 degrees 52 
     minutes 3.31 seconds east 472.95 feet to a point N199,472.21, 
     E844,829.83, thence running north 43 degrees 9 minutes 28.3 
     seconds east 262.64 feet to a point N199,633.80, E845,009.48, 
     thence running north 21 degrees 40 minutes 11.26 seconds east 
     808.38 feet to a point N200,415.05, E845,307.98, thence 
     running north 32 degrees 25 minutes 29.01 seconds east 160.76 
     feet to a point N200,550.75, E845,394.18, thence running 
     north 24 degrees 56 minutes 42.29 seconds east 1,410.29 feet 
     to a point N201,829.48, E845,988.97.
       (9) Green harbor, massachusetts.--That portion of the 
     project for navigation, Green Harbor, Massachusetts, 
     undertaken pursuant to section 107 of the River and Harbor 
     Act of 1960 (33 U.S.C. 577), consisting of the 6-foot deep 
     channel beginning at a point along the west limit of the 
     existing project, North 395990.43, East 831079.16, thence 
     running northwesterly about 752.85 feet to a point, North 
     396722.80, East 830904.76, thence running northwesterly about 
     222.79 feet to a point along the west limit of the existing 
     project, North 396844.34, East 830718.04, thence running 
     southwesterly about 33.72 feet along the west limit of the 
     existing project to a point, North 396810.80, East 830714.57, 
     thence running southeasterly about 195.42 feet along the west 
     limit of the existing project to a point, North 396704.19, 
     East

[[Page 7863]]

     830878.35, thence running about 544.66 feet along the west 
     limit of the existing project to a point, North 396174.35, 
     East 831004.52, thence running southeasterly about 198.49 
     feet along the west limit of the existing project to the 
     point of beginning.
       (10) New bedford and fairhaven harbor, massachusetts.--The 
     following portions of the project for navigation, New Bedford 
     and Fairhaven Harbor, Massachusetts:
       (A) A portion of the 25-foot spur channel leading to the 
     west of Fish Island, authorized by the River and Harbor Act 
     of 3 March 1909, beginning at a point with coordinates 
     N232,173.77, E758,791.32, thence running south 27 degrees 36 
     minutes 52.8 seconds west 38.2 feet to a point N232,139.91, 
     E758,773.61, thence running south 87 degrees 35 minutes 31.6 
     seconds west 196.84 feet to a point N232,131.64, E758,576.94, 
     thence running north 47 degrees 47 minutes 48.4 seconds west 
     502.72 feet to a point N232,469.35, E758,204.54, thence 
     running north 10 degrees 10 minutes 20.3 seconds west 438.88 
     feet to a point N232,901.33, E758,127.03, thence running 
     north 79 degrees 49 minutes 43.1 seconds east 121.69 feet to 
     a point N232,922.82, E758,246.81, thence running south 04 
     degrees 29 minutes 17.6 seconds east 52.52 feet to a point 
     N232,870.46, E758,250.92, thence running south 23 degrees 56 
     minutes 11.2 seconds east 49.15 feet to a point N323,825.54, 
     E758,270.86, thence running south 79 degrees 49 minutes 27.0 
     seconds west 88.19 feet to a point N232,809.96, E758,184.06, 
     thence running south 10 degrees 10 minutes 25.7 seconds east 
     314.83 feet to a point N232,500.08, E758,239.67, thence 
     running south 56 degrees 33 minutes 56.1 seconds east 583.07 
     feet to a point N232,178.82, E758,726.25, thence running 
     south 85 degrees 33 minutes 16.0 seconds east to the point of 
     origin.
       (B) A portion of the 30-foot west maneuvering basin, 
     authorized by the River and Harbor Act of 3 July 1930, 
     beginning at a point with coordinates N232,139.91, 
     E758,773.61, thence running north 81 degrees 49 minutes 30.1 
     seconds east 160.76 feet to a point N232,162.77, E758.932.74, 
     thence running north 85 degrees 33 minutes 16.0 seconds west 
     141.85 feet to a point N232,173.77, E758,791.32, thence 
     running south 27 degrees 36 minutes 52.8 seconds west to the 
     point of origin.
       (b) Anchorage Area, Clinton Harbor, Connecticut.--That 
     portion of the Clinton Harbor, Connecticut, navigation 
     project referred to in subsection (a)(2) beginning at a point 
     beginning: N158,444.58, E660,220.95, thence running north 79 
     degrees 37 minutes 14 seconds east 833.31 feet to a point 
     N158,594.72, E661,040.67, thence running south 80 degrees 51 
     minutes 53 seconds east 181.21 feet to a point N158,565.95, 
     E661,219.58, thence running north 57 degrees 38 minutes 04 
     seconds west 126.02 feet to a point N158,633.41, E660,113.14, 
     thence running south 79 degrees 37 minutes 14 seconds west 
     911.61 feet to a point N158,469.17, E660,216.44, thence 
     running south 10 degrees 22 minutes 46 seconds east 25 feet 
     returning to a point N158,444.58, E660,220.95 is redesignated 
     as an anchorage area.
       (c) Wells Harbor, Maine.--
       (1) Project modification.--The project for navigation, 
     Wells Harbor, Maine, navigation project referred to in 
     subsection (a)(7) is modified to authorize the Secretary to 
     realign the channel and anchorage areas based on a harbor 
     design capacity of 150 craft.
       (2) Redesignations.--
       (A) 6-foot anchorage.--The following portions of the 
     project for navigation, Wells Harbor, Maine, navigation 
     project referred to in subsection (a)(7) shall be 
     redesignated as part of the 6-foot anchorage:
       (i) The portion of the 6-foot channel the boundaries of 
     which begin at a point with coordinates N177,990.91, 
     E394,820.68, thence running south 83 degrees 58 minutes 40.8 
     seconds west 94.65 feet to a point N177,980.98, E394,726.55, 
     thence running south 11 degrees 46 minutes 22.4 seconds west 
     962.83 feet to a point N177,038.40, E394,530.10, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 90.00 
     feet to a point N177,020.04, E394,618.21, thence running 
     north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to 
     the point of origin.
       (ii) The portion of the 10-foot inner harbor settling basin 
     the boundaries of which begin at a point with coordinates 
     N177,020.04, E394,618.21, thence running north 78 degrees 13 
     minutes 30.5 seconds west 160.00 feet to a point N177,052.69, 
     E394,461.58, thence running south 11 degrees 46 minutes 45.4 
     seconds west 299.99 feet to a point N176,759.02, E394,400.34, 
     thence running south 78 degrees 13 minutes 17.9 seconds east 
     160 feet to a point N176,726.36, E394,556.97, thence running 
     north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to 
     the point of origin.
       (B) 6-foot channel.--The following portion of the project 
     for navigation, Wells Harbor, Maine, navigation project 
     referred to in subsection (a)(7) shall be redesignated as 
     part of the 6-foot channel: the portion of the 6-foot 
     anchorage the boundaries of which begin at a point with 
     coordinates N178,102.26, E394,751.83, thence running south 51 
     degrees 59 minutes 42.1 seconds west 526.51 feet to a point 
     N177,778.07, E394,336.96, thence running south 11 degrees 46 
     minutes 26.6 seconds west 511.83 feet to a point N177,277.01, 
     E394,232.52, thence running south 78 degrees 13 minutes 17.9 
     seconds east 80.00 feet to a point N177,260.68, E394,310.84, 
     thence running north 11 degrees 46 minutes 24.8 seconds east 
     482.54 feet to a point N177,733.07, E394,409.30, thence 
     running north 51 degrees 59 minutes 41.0 seconds east 402.63 
     feet to a point N177,980.98, E394,726.55, thence running 
     north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to 
     the point of origin.
       (3) Realignment.--The 6-foot anchorage area described in 
     paragraph (2)(B) shall be realigned to include the area 
     located south of the inner harbor settling basin in existence 
     on the date of enactment of this Act beginning at a point 
     with coordinates N176,726.36, E394,556.97, thence running 
     north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to 
     a point N176,759.02, E394,400.34, thence running south 11 
     degrees 47 minutes 03.8 seconds west 45 feet to a point 
     N176,714.97, E394,391.15, thence running south 78 degrees 13 
     minutes 17.9 seconds 160.00 feet to a point N176,682.31, 
     E394,547.78, thence running north 11 degrees 47 minutes 03.8 
     seconds east 45 feet to the point of origin.
       (4) Relocation.--The Secretary may relocate the settling 
     basin feature of the project for navigation, Wells Harbor, 
     Maine, navigation project referred to in subsection (a)(7) to 
     the outer harbor between the jetties.
       (d) Anchorage Area, Green Harbor, Massachusetts.--The 
     portion of the Green Harbor, Massachusetts, navigation 
     project referred to in subsection (a)(9) consisting of a 6-
     foot deep channel that lies northerly of a line whose 
     coordinates are North 394825.00, East 831660.00 and North 
     394779.28, East 831570.64 is redesignated as an anchorage 
     area.

     SEC. 365. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.

       (a) In General.--The project for flood damage reduction, 
     American and Sacramento Rivers, California, authorized by 
     section 101(a)(1) of the Water Resources Development Act of 
     1996 (110 Stat. 3662-3663), is modified to direct the 
     Secretary to include the following improvements as part of 
     the overall project:
       (1) Raising the left bank of the non-Federal levee upstream 
     of the Mayhew Drain for a distance of 4,500 feet by an 
     average of 2.5 feet.
       (2) Raising the right bank of the American River levee from 
     1,500 feet upstream to 4,000 feet downstream of the Howe 
     Avenue bridge by an average of 1 feet.
       (3) Modifying the south levee of the Natomas Cross Canal 
     for a distance of 5 miles to ensure that the south levee is 
     consistent with the level of protection provided by the 
     authorized levee along the east bank of the Sacramento River.
       (4) Modifying the north levee of the Natomas Cross Canal 
     for a distance of 5 miles to ensure that the height of the 
     levee is equivalent to the height of the south levee as 
     authorized by paragraph (3).
       (5) Installing gates to the existing Mayhew Drain culvert 
     and pumps to prevent backup of floodwater on the Folsom 
     Boulevard side of the gates.
       (6) Installation of a slurry wall in the north levee of the 
     American River from the east levee of the Natomas east Main 
     Drain upstream for a distance of approximately 1.2 miles.
       (7) Installation of a slurry wall in the north levee of the 
     American River from 300 feet west of Jacob Lane north for a 
     distance of approximately 1 mile to the end of the existing 
     levee.
       (b) Cost Limitations.--Section 101(a)(1)(A) of the Water 
     Resources Development Act of 1996 (110 Stat. 3662) is amended 
     by striking ``at a total cost of'' and all that follows 
     through ``$14,225,000,'' and inserting the following: ``at a 
     total cost of $91,900,000, with an estimated Federal cost of 
     $68,925,000 and an estimated non-Federal cost of 
     $22,975,000,''.
       (c) Cost Sharing.--For purposes of section 103 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213), the 
     modifications authorized by this section shall be subject to 
     the same cost sharing in effect for the project for flood 
     damage reduction, American and Sacramento Rivers, California, 
     authorized by section 101(a)(1) of the Water Resources 
     Development Act of 1996 (110 Stat. 3662).

     SEC. 366. MARTIN, KENTUCKY.

       The project for flood control, Martin, Kentucky, authorized 
     by section 202(a) of the Energy and Water Development 
     Appropriations Act, 1981 (94 Stat. 1339) is modified to 
     authorize the Secretary to take all necessary measures to 
     prevent future losses that would occur from a flood equal in 
     magnitude to a 100-year frequency event.
                           TITLE IV--STUDIES

     SEC. 401. UPPER MISSISSIPPI AND ILLINOIS RIVERS LEVEES AND 
                   STREAMBANKS PROTECTION.

       The Secretary shall conduct a study of erosion damage to 
     levees and infrastructure on the upper Mississippi and 
     Illinois Rivers and the impact of increased barge and 
     pleasure craft traffic on deterioration of levees and other 
     flood control structures on such rivers.

     SEC. 402. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

       (a) Development.--The Secretary shall develop a plan to 
     address water and related land resources problems and 
     opportunities in the Upper Mississippi and Illinois River 
     Basins, extending from Cairo, Illinois, to the headwaters of 
     the Mississippi River, in the interest of systemic flood 
     damage reduction by means of a mixture of structural and 
     nonstructural flood control and floodplain management 
     strategies, continued maintenance of the navigation project, 
     management of bank caving and erosion, watershed nutrient and 
     sediment management, habitat management, recreation needs, 
     and other related purposes.
       (b) Contents.--The plan shall contain recommendations on 
     future management plans and actions to be carried out by the 
     responsible Federal and non-Federal entities and shall 
     specifically address recommendations to authorize 
     construction of a systemic flood control project in

[[Page 7864]]

     accordance with a plan for the Upper Mississippi River. The 
     plan shall include recommendations for Federal action where 
     appropriate and recommendations for follow-on studies for 
     problem areas for which data or current technology does not 
     allow immediate solutions.
       (c) Consultation and Use of Existing Data.--The Secretary 
     shall consult with appropriate State and Federal agencies and 
     shall make maximum use of existing data and ongoing programs 
     and efforts of States and Federal agencies in developing the 
     plan.
       (d) Cost Sharing.--Development of the plan under this 
     section shall be at Federal expense. Feasibility studies 
     resulting from development of such plan shall be subject to 
     cost sharing under section 105 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2215).
       (e) Report.--The Secretary shall submit a report that 
     includes the comprehensive plan to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate not later than 3 years after the date of 
     enactment of this Act.

     SEC. 403. EL DORADO, UNION COUNTY, ARKANSAS.

       The Secretary shall conduct a study to determine the 
     feasibility of improvements to regional water supplies for El 
     Dorado, Union County, Arkansas.

     SEC. 404. SWEETWATER RESERVOIR, SAN DIEGO COUNTY, CALIFORNIA.

       The Secretary shall conduct a study of the potential water 
     quality problems and pollution abatement measures in the 
     watershed in and around Sweetwater Reservoir, San Diego 
     County, California.

     SEC. 405. WHITEWATER RIVER BASIN, CALIFORNIA.

       The Secretary shall undertake and complete a feasibility 
     study for flood damage reduction in the Whitewater River 
     basin, California, and, based upon the results of such study, 
     give priority consideration to including the recommended 
     project, including the Salton Sea wetlands restoration 
     project, in the flood mitigation and riverine restoration 
     pilot program authorized in section 214 of this Act.

     SEC. 406. LITTLE ECONLACKHATCHEE RIVER BASIN, FLORIDA.

       The Secretary shall conduct a study of pollution abatement 
     measures in the Little Econlackhatchee River basin, Florida.

     SEC. 407. PORT EVERGLADES INLET, FLORIDA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a sand bypass project at Port 
     Everglades Inlet, Florida.

     SEC. 408. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS 
                   AND WISCONSIN.

       (a) In General.--The Secretary is directed to conduct a 
     study of the upper Des Plaines River and tributaries, 
     Illinois and Wisconsin, upstream of the confluence with Salt 
     Creek at Riverside, Illinois, to determine the feasibility of 
     improvements in the interests of flood damage reduction, 
     environmental restoration and protection, water quality, 
     recreation, and related purposes.
       (b) Special Rule.--In conducting the study, the Secretary 
     may not exclude from consideration and evaluation flood 
     damage reduction measures based on restrictive policies 
     regarding the frequency of flooding, drainage area, and 
     amount of runoff.

     SEC. 409. CAMERON PARISH WEST OF CALCASIEU RIVER, LOUISIANA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for storm damage 
     reduction and environmental restoration, Cameron Parish west 
     of Calcasieu River, Louisiana.

     SEC. 410. GRAND ISLE AND VICINITY, LOUISIANA.

       In carrying out a study of the storm damage reduction 
     benefits to Grand Isle and vicinity, Louisiana, the Secretary 
     shall include benefits that a storm damage reduction project 
     for Grand Isle and vicinity, Louisiana, may have on the 
     mainland coast of Louisiana as project benefits attributable 
     to the Grand Isle project.

     SEC. 411. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.

       (a) In General.--The Secretary shall complete a post-
     authorization change report on the project for hurricane-
     flood protection, Lake Pontchartrain, Louisiana, and 
     vicinity, authorized by section 204 of the Flood Control Act 
     of 1965 (79 Stat. 1077), to incorporate and accomplish 
     structural modifications to the seawall fronting protection 
     along the south shore of Lake Pontchartrain from the New 
     Basin Canal on the west to the Inner harbor Navigation Canal 
     on the east.
       (b) Report.--The Secretary shall ensure expeditious 
     completion of the post-authorization change report required 
     by subsection (a) not later than 180 days after the date of 
     enactment of this section.

     SEC. 412. WESTPORT, MASSACHUSETTS.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a navigation project for the town 
     of Westport, Massachusetts, and the possible beneficial uses 
     of dredged material for shoreline protection and storm damage 
     reduction in the area. In determining the benefits of the 
     project, the Secretary shall include the benefits derived 
     from using dredged material for shoreline protection and 
     storm damage reduction.

     SEC. 413. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.

       The Secretary shall undertake and complete a feasibility 
     study for flood damage reduction in the Southwest Valley, 
     Albuquerque, New Mexico, and, based upon the results of such 
     study, give priority consideration to including the 
     recommended project in the flood mitigation and riverine 
     restoration pilot program authorized in section 214 of this 
     Act.

     SEC. 414. CAYUGA CREEK, NEW YORK.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for flood control for 
     Cayuga Creek, New York.

     SEC. 415. ARCOLA CREEK WATERSHED, MADISON, OHIO.

       The Secretary shall conduct a study to determine the 
     feasibility of a project to provide environmental restoration 
     and protection for the Arcola Creek watershed, Madison, Ohio.

     SEC. 416. WESTERN LAKE ERIE BASIN, OHIO, INDIANA, AND 
                   MICHIGAN.

       (a) In General.--The Secretary shall conduct a study to 
     develop measures to improve flood control, navigation, water 
     quality, recreation, and fish and wildlife habitat in a 
     comprehensive manner in the western Lake Erie basin, Ohio, 
     Indiana, and Michigan, including watersheds of the Maumee, 
     Ottawa, and Portage Rivers.
       (b) Cooperation.--In carrying out the study, the Secretary 
     shall cooperate with interested Federal, State, and local 
     agencies and nongovernmental organizations and consider all 
     relevant programs of such agencies.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study, including findings and 
     recommendations.

     SEC. 417. SCHUYLKILL RIVER, NORRISTOWN, PENNSYLVANIA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for flood control for 
     Schuylkill River, Norristown, Pennsylvania, including 
     improvement to existing stormwater drainage systems.

     SEC. 418. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for Lakes Marion and 
     Moultrie to provide water supply, treatment, and distribution 
     to Calhoun, Clarendon, Colleton, Dorchester, Orangeburg, and 
     Sumter Counties, South Carolina.

     SEC. 419. DAY COUNTY, SOUTH DAKOTA.

       The Secretary shall conduct an investigation of flooding 
     and other water resources problems between the James River 
     and Big Sioux watersheds in South Dakota and an assessment of 
     flood damage reduction needs of the area.

     SEC. 420. CORPUS CHRISTI, TEXAS.

       The Secretary shall include, as part of the study 
     authorized in a resolution of the Committee on Public Works 
     and Transportation of the House of Representatives, dated 
     August 1, 1990, a review of two 175-foot-wide barge shelves 
     on either side of the navigation channel at the Port of 
     Corpus Christi, Texas.

     SEC. 421. MITCHELL'S CUT CHANNEL (CANEY FORK CUT), TEXAS.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for navigation, 
     Mitchell's Cut Channel (Caney Fork Cut), Texas.

     SEC. 422. MOUTH OF COLORADO RIVER, TEXAS.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for navigation at the 
     mouth of the Colorado River, Texas, to provide a minimum 
     draft navigation channel extending from the Colorado River 
     through Parkers Cut (also known as ``Tiger Island Cut''), or 
     an acceptable alternative, to Matagorda Bay.

     SEC. 423. KANAWHA RIVER, FAYETTE COUNTY, WEST VIRGINIA.

       The Secretary shall conduct a study to determine the 
     feasibility of developing a public port along the Kanawha 
     River in Fayette County, West Virginia, at a site known as 
     ``Longacre''.

     SEC. 424. WEST VIRGINIA PORTS.

       The Secretary shall conduct a study to determine the 
     feasibility of expanding public port development in West 
     Virginia along the Ohio River and navigable portion of the 
     Kanawha River from its mouth to river mile 91.0

     SEC. 425. GREAT LAKES REGION COMPREHENSIVE STUDY.

       (a) Study.--The Secretary shall conduct a comprehensive 
     study of the Great Lakes region to ensure the future use, 
     management, and protection of water and related resources of 
     the Great Lakes basin. Such study shall include a 
     comprehensive management plan specifically for St. Clair 
     River and Lake St. Clair.
       (b) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that includes the 
     strategic plan for Corps of Engineers programs in the Great 
     Lakes basin and details of proposed Corps of Engineers 
     environmental, navigation, and flood damage reduction 
     projects in the region.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,400,000 for 
     fiscal years 2000 through 2003.

     SEC. 426. NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL 
                   DISPOSAL.

       (a) Study.--The Secretary shall conduct a study of nutrient 
     loading that occurs as a result of discharges of dredged 
     material into open-water sites in the Chesapeake Bay.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study.

     SEC. 427. SANTEE DELTA FOCUS AREA, SOUTH CAROLINA.

       The Secretary shall conduct a study of the Santee Delta 
     focus area, South Carolina, to determine the feasibility of 
     carrying out a project

[[Page 7865]]

     for enhancing wetlands values and public recreational 
     opportunities in the area.
                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. CORPS ASSUMPTION OF NRCS PROJECTS.

       (a) Llagas Creek, California.--The Secretary is authorized 
     to complete the remaining reaches of the Natural Resources 
     Conservation Service's flood control project at Llagas Creek, 
     California, undertaken pursuant to section 5 of the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1005), 
     substantially in accordance with the Natural Resources 
     Conservation Service watershed plan for Llagas Creek, 
     Department of Agriculture, and in accordance with the 
     requirements of local cooperation as specified in section 4 
     of such Act, at a total cost of $45,000,000, with an 
     estimated Federal cost of $21,800,000 and an estimated non-
     Federal cost of $23,200,000.
       (b) Thornton Reservoir, Cook County, Illinois.--
       (1) In general.--The Thornton Reservoir project, an element 
     of the project for flood control, Chicagoland Underflow Plan, 
     Illinois, authorized by section 3(a)(5) of the Water 
     Resources Development Act of 1988 (102 Stat. 4013), is 
     modified to authorize the Secretary to include additional 
     permanent flood control storage attributable to the Natural 
     Resources Conservation Service Thornton Reservoir (Structure 
     84), Little Calumet River Watershed, Illinois, approved under 
     the Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1001 et seq.).
       (2) Cost sharing.--Costs for the Thornton Reservoir project 
     shall be shared in accordance with section 103 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213).
       (3) Transitional storage.--The Secretary of Agriculture may 
     cooperate with non-Federal interests to provide, on a 
     transitional basis, flood control storage for the Natural 
     Resources Conservation Service Thornton Reservoir (Structure 
     84) in the west lobe of the Thornton quarry in advance of 
     Corps' construction.
       (4) Crediting.--The Secretary may credit against the non-
     Federal share of the Thornton Reservoir project all design, 
     lands, easements, rights-of-way (as of the date of 
     authorization), and construction costs incurred by the non-
     Federal interests before the signing of the project 
     cooperation agreement.
       (5) Reevaluation report.--The Secretary shall determine the 
     credits authorized by paragraph (4) that are integral to the 
     Thornton Reservoir project and the current total project 
     costs based on a limited reevaluation report.

     SEC. 502. CONSTRUCTION ASSISTANCE.

       Section 219(e) of the Water Resources Development Act of 
     1992 (106 Stat. 4836-4837) is amended by striking paragraphs 
     (5) and (6) and inserting the following:
       ``(5) $25,000,000 for the project described in subsection 
     (c)(2);
       ``(6) $20,000,000 for the project described in subsection 
     (c)(9);
       ``(7) $30,000,000 for the project described in subsection 
     (c)(16); and
       ``(8) $30,000,000 for the project described in subsection 
     (c)(17).''.

     SEC. 503. CONTAMINATED SEDIMENT DREDGING TECHNOLOGY.

       (a) Contaminated Sediment Dredging Project.--
       (1) Review.--The Secretary shall conduct a review of 
     innovative dredging technologies designed to minimize or 
     eliminate contamination of a water column upon removal of 
     contaminated sediments. The Secretary shall complete such 
     review by June 1, 2001.
       (2) Testing.--After completion of the review under 
     paragraph (1), the Secretary shall select the technology of 
     those reviewed that the Secretary determines will increase 
     the effectiveness of removing contaminated sediments and 
     significantly reduce contamination of the water column. Not 
     later than December 31, 2001, the Secretary shall enter into 
     an agreement with a public or private entity to test such 
     technology in the vicinity of Peoria Lakes, Illinois.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000.

     SEC. 504. DAM SAFETY.

       (a) Assistance.--The Secretary is authorized to provide 
     assistance to enhance dam safety at the following locations:
       (1) Healdsburg Veteran's Memorial Dam, California
       (2) Felix Dam, Pennsylvania
       (3) Kehly Run Dam, Pennsylvania
       (4) Owl Creek Reservoir, Pennsylvania
       (5) Sweet Arrow Lake Dam, Pennsylvania
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $6,000,000 to carry out this section.

     SEC. 505. GREAT LAKES REMEDIAL ACTION PLANS.

       Section 401(a)(2) of the Water Resources Development Act of 
     1990 (110 Stat. 3763) is amended by adding at the end the 
     following: ``Nonprofit public or private entities may 
     contribute all or a portion of the non-Federal share.''.

     SEC. 506. SEA LAMPREY CONTROL MEASURES IN THE GREAT LAKES.

       (a) In General.--In conjunction with the Great Lakes 
     Fishery Commission, the Secretary is authorized to undertake 
     a program for the control of sea lampreys in and around 
     waters of the Great Lakes. The program undertaken pursuant to 
     this section may include projects which consist of either 
     structural or nonstructural measures or a combination 
     thereof.
       (b) Cost Sharing.--Projects carried out under this section 
     on lands owned by the United States shall be carried out at 
     full Federal expense. The non-Federal share of the cost of 
     any such project undertaken on lands not in Federal ownership 
     shall be 35 percent.
       (c) Non-Federal Interests.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), the 
     Secretary, after coordination with the appropriate State and 
     local government officials having jurisdiction over an area 
     in which a project under this section will be carried out, 
     may allow a nonprofit entity to serve as the non-Federal 
     interest for the project.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2000 through 2005.

     SEC. 507. MAINTENANCE OF NAVIGATION CHANNELS.

       Section 509(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3759) is amended by adding at the end the 
     following:
       ``(12) Acadiana Navigation Channel, Louisiana.
       ``(13) Contraband Bayou, Louisiana, as part of the 
     Calcasieu River and Pass Ship Channel.
       ``(14) Lake Wallula Navigation Channel, Washington.
       ``(15) Wadley Pass (also known as McGriff Pass), Suwanee 
     River, Florida.''.

     SEC. 508. MEASUREMENT OF LAKE MICHIGAN DIVERSIONS.

       Section 1142(b) of the Water Resources Development Act of 
     1986 (42 U.S.C. 1962d-20 note; 100 Stat. 4253) is amended by 
     striking ``$250,000'' and inserting ``$1,250,000''.

     SEC. 509. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT 
                   PROGRAM.

       (a) Authorized Activities.--Section 1103(e)(1) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 652(e)(1)) is 
     amended--
       (1) by inserting ``and'' at the end of subparagraph (A);
       (2) in subparagraph (B) by striking ``long-term resource 
     monitoring program; and'' and inserting ``long-term resource 
     monitoring, computerized data inventory and analysis, and 
     applied research program.''; and
       (3) by striking subparagraph (C) and inserting the 
     following:

     ``In carrying out subparagraph (A), the Secretary shall 
     establish an independent technical advisory committee to 
     review projects, monitoring plans, and habitat and natural 
     resource needs assessments.''.
       (b) Reports.--Section 1103(e)(2) of such Act (33 U.S.C. 
     652(e)(2)) is amended to read as follows:
       ``(2) Reports.--Not later than December 31, 2004, and not 
     later than December 31st of every sixth year thereafter, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the States of Illinois, Iowa, Minnesota, Missouri, and 
     Wisconsin, shall transmit to Congress a report that--
       ``(A) contains an evaluation of the programs described in 
     paragraph (1);
       ``(B) describes the accomplishments of each of such 
     programs;
       ``(C) provides updates of a systemic habitat needs 
     assessment; and
       ``(D) identifies any needed adjustments in the 
     authorization.''.
       (c) Authorization of Appropriations.--Section 1103(e) of 
     such Act (33 U.S.C. 652(e)) is amended--
       (1) in paragraph (3) by striking ``not to exceed'' and all 
     that follows before the period at the end and inserting 
     ``$22,750,000 for fiscal year 1999 and each fiscal year 
     thereafter'';
       (2) in paragraph (4) by striking ``not to exceed'' and all 
     that follows before the period at the end and inserting 
     ``$10,420,000 for fiscal year 1999 and each fiscal year 
     thereafter''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1)(A) $350,000 for 
     each of fiscal years 1999 through 2009.''.
       (d) Transfer of Amounts.--Section 1103(e)(6) of such Act is 
     amended to read as follows:
       ``(6) Transfer of amounts.--For fiscal year 1999, and each 
     fiscal year thereafter, the Secretary, in consultation with 
     the Secretary of the Interior and the States of Illinois, 
     Iowa, Minnesota, Missouri, and Wisconsin, may transfer not to 
     exceed 20 percent of the amounts appropriated to carry out 
     subparagraph (A) or (B) of paragraph (1) to the amounts 
     appropriated to carry out the other of such subparagraphs.''.
       (e) Habitat Needs Assessment.--Section 1103(h)(2) of such 
     Act (33 U.S.C. 652(h)(2)) is amended by adding at the end the 
     following: ``The Secretary shall complete the on-going 
     habitat needs assessment conducted under this paragraph not 
     later than September 30, 2000, and shall include in each 
     report required by subsection (e)(2) the most recent habitat 
     needs assessment conducted under this paragraph.''.
       (f) Conforming Amendments.--Section 1103 of such Act (33 
     U.S.C. 652) is amended--
       (1) in subsection (e)(7) by striking ``paragraphs (1)(B) 
     and (1)(C)'' and inserting ``paragraph (1)(B)''; and
       (2) in subsection (f)(2)--
       (A) by striking ``(2)(A)'' and inserting ``(2)''; and
       (B) by striking subparagraph (B).

     SEC. 510. ATLANTIC COAST OF NEW YORK MONITORING.

       Section 404(c) of the Water Resources Development Act of 
     1992 (106 Stat. 4863) is amended by striking ``1993, 1994, 
     1995, 1996, and 1997'' and inserting ``1993 through 2003''.

[[Page 7866]]



     SEC. 511. WATER CONTROL MANAGEMENT.

       (a) In General.--In evaluating potential improvements for 
     water control management activities and consolidation of 
     water control management centers, the Secretary may consider 
     a regionalized water control management plan but may not 
     implement such a plan until the date on which a report is 
     transmitted under subsection (b).
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate a report containing 
     the following:
       (1) A description of the primary objectives of streamlining 
     water control management activities.
       (2) A description of the benefits provided by streamlining 
     water control management activities through consolidation of 
     centers for such activities.
       (3) A determination of whether or not benefits to users of 
     regional water control management centers will be retained in 
     each district office of the Corps of Engineers that does not 
     have a regional center.
       (4) A determination of whether or not users of such 
     regional centers will receive a higher level of benefits from 
     streamlining water management control management activities.
       (5) A list of the Members of Congress who represent a 
     district that currently includes a water control management 
     center that is to be eliminated under a proposed regionalized 
     plan.

     SEC. 512. BENEFICIAL USE OF DREDGED MATERIAL.

       The Secretary is authorized to carry out the following 
     projects under section 204 of the Water Resources Development 
     Act of 1992 (33 U.S.C. 2326):
       (1) Bodega bay, california.--A project to make beneficial 
     use of dredged materials from a Federal navigation project in 
     Bodega Bay, California.
       (2) Sabine refuge, louisiana.--A project to make beneficial 
     use of dredged materials from Federal navigation projects in 
     the vicinity of Sabine Refuge, Louisiana.
       (3) Hancock, harrison, and jackson counties, mississippi.--
     A project to make beneficial use of dredged material from a 
     Federal navigation project in Hancock, Harrison, and Jackson 
     Counties, Mississippi.
       (4) Rose city marsh, orange county, texas.--A project to 
     make beneficial use of dredged material from a Federal 
     navigation project in Rose City Marsh, Orange County, Texas.
       (5) Bessie heights marsh, orange county, texas.--A project 
     to make beneficial use of dredged material from a Federal 
     navigation project in Bessie Heights Marsh, Orange County, 
     Texas.

     SEC. 513. DESIGN AND CONSTRUCTION ASSISTANCE.

       Section 507(2) of the Water Resources Development Act of 
     1996 (110 Stat. 3758) is amended to read as follows:
       ``(2) Expansion and improvement of Long Pine Run Dam and 
     associated water infrastructure in accordance with the 
     requirements of subsections (b) through (e) of section 313 of 
     the Water Resources Development Act of 1992 (106 Stat. 4845) 
     at a total cost of $20,000,000.''.

     SEC. 514. LOWER MISSOURI RIVER AQUATIC RESTORATION PROJECTS.

       (a) In General.--Not later than 1 year after funds are made 
     available for such purposes, the Secretary shall complete a 
     comprehensive report--
       (1) identifying a general implementation strategy and 
     overall plan for environmental restoration and protection 
     along the Lower Missouri River between Gavins Point Dam and 
     the confluence of the Missouri and Mississippi Rivers; and
       (2) recommending individual environmental restoration 
     projects that can be considered by the Secretary for 
     implementation under section 206 of the Water Resources 
     Development Act of 1996 (33 U.S.C. 2330; 110 Stat. 3679-
     3680).
       (b) Scope of Projects.--Any environmental restoration 
     projects recommended under subsection (a) shall provide for 
     such activities and measures as the Secretary determines to 
     be necessary to protect and restore fish and wildlife habitat 
     without adversely affecting private property rights or water 
     related needs of the region surrounding the Missouri River, 
     including flood control, navigation, and enhancement of water 
     supply, and shall include some or all of the following 
     components:
       (1) Modification and improvement of navigation training 
     structures to protect and restore fish and wildlife habitat.
       (2) Modification and creation of side channels to protect 
     and restore fish and wildlife habitat.
       (3) Restoration and creation of fish and wildlife habitat.
       (4) Physical and biological monitoring for evaluating the 
     success of the projects.
       (c) Coordination.--To the maximum extent practicable, the 
     Secretary shall integrate projects carried out in accordance 
     with this section with other Federal, tribal, and State 
     restoration activities.
       (d) Cost Sharing.--The report under subsection (a) shall be 
     undertaken at full Federal expense.

     SEC. 515. AQUATIC RESOURCES RESTORATION IN THE NORTHWEST.

       (a) In General.--In cooperation with other Federal 
     agencies, the Secretary is authorized to develop and 
     implement projects for fish screens, fish passage devices, 
     and other similar measures agreed to by non-Federal interests 
     and relevant Federal agencies to mitigate adverse impacts 
     associated with irrigation system water diversions by local 
     governmental entities in the States of Oregon, Washington, 
     Montana, and Idaho.
       (b) Procedure and Participation.--
       (1) Consultation requirement; use of existing data.--In 
     providing assistance under subsection (a), the Secretary 
     shall consult with other Federal, State, and local agencies 
     and make maximum use of data and studies in existence on the 
     date of enactment of this Act.
       (2) Participation by non-federal interests.--Participation 
     by non-Federal interests in projects under this section shall 
     be voluntary. The Secretary shall not take any action under 
     this section that will result in a non-Federal interest being 
     held financially responsible for an action under a project 
     unless the non-Federal interest has voluntarily agreed to 
     participate in the project.
       (c) Cost Sharing.--Projects carried out under this section 
     on lands owned by the United States shall be carried out at 
     full Federal expense. The non-Federal share of the cost of 
     any such project undertaken on lands not in Federal ownership 
     shall be 35 percent.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     fiscal years beginning after September 30, 1999.

     SEC. 516. INNOVATIVE TECHNOLOGIES FOR WATERSHED RESTORATION.

       The Secretary shall use, and encourage the use of, 
     innovative treatment technologies, including membrane 
     technologies, for watershed and environmental restoration and 
     protection projects involving water quality.

     SEC. 517. ENVIRONMENTAL RESTORATION.

       (a) Atlanta, Georgia.--Section 219(c)(2) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835) is amended 
     by inserting before the period ``and watershed restoration 
     and development in the regional Atlanta watershed, including 
     Big Creek and Rock Creek''.
       (b) Paterson and Passaic Valley, New Jersey.--Section 
     219(c)(9) of such Act (106 Stat. 4836) is amended to read as 
     follows:
       ``(9) Paterson, passaic county, and passaic valley, new 
     jersey.--Drainage facilities to alleviate flooding problems 
     on Getty Avenue in the vicinity of St. Joseph's Hospital for 
     the City of Paterson, New Jersey, and Passaic County, New 
     Jersey, and innovative facilities to manage and treat 
     additional flows in the Passaic Valley, Passaic River basin, 
     New Jersey.''.

     SEC. 518. EXPEDITED CONSIDERATION OF CERTAIN PROJECTS.

       The Secretary shall expedite completion of the reports for 
     the following projects and proceed directly to project 
     planning, engineering, and design:
       (1) Arroyo Pasajero, San Joaquin River basin, California, 
     project for flood control.
       (2) Success Dam, Tule River, California, project for flood 
     control and water supply.
       (3) Alafia Channel, Tampa Harbor, Florida, project for 
     navigation.

     SEC. 519. DOG RIVER, ALABAMA.

       (a) In General.--The Secretary is authorized to establish, 
     in cooperation with non-Federal interests, a pilot project to 
     restore natural water depths in the Dog River, Alabama, 
     between its mouth and the Interstate Route 10 crossing, and 
     in the downstream portion of its principal tributaries.
       (b) Form of Assistance.--Assistance provided under 
     subsection (a) shall be in the form of design and 
     construction of water-related resource protection and 
     development projects affecting the Dog River, including 
     environmental restoration and recreational navigation.
       (c) Non-Federal Share.--The non-Federal share of the cost 
     of the project carried out with assistance under this section 
     shall be 90 percent.
       (d) Lands, Easements, and Rights-of-Way.--The non-Federal 
     sponsor provide all lands, easements, rights of way, 
     relocations, and dredged material disposal areas including 
     retaining dikes required for the project.
       (e) Operation Maintenance.--The non-Federal share of the 
     cost of operation, maintenance, repair, replacement, or 
     rehabilitation of the project carried out with assistance 
     under this section shall be 100 percent.
       (f) Credit Toward Non-Federal Share.--The value of the 
     lands, easements, rights of way, relocations, and dredged 
     material disposal areas, including retaining dikes, provided 
     by the non-Federal sponsor shall be credited toward the non-
     Federal share.

     SEC. 520. ELBA, ALABAMA.

       The Secretary is authorized to repair and rehabilitate a 
     levee in the city of Elba, Alabama at a total cost of 
     $12,900,000.

      SEC. 521. GENEVA, ALABAMA.

       The Secretary is authorized to repair and rehabilitate a 
     levee in the city of Geneva, Alabama at a total cost of 
     $16,600,000.

      SEC. 522. NAVAJO RESERVATION, ARIZONA, NEW MEXICO, AND UTAH.

       (a) In General.--In cooperation with other appropriate 
     Federal and local agencies, the Secretary shall undertake a 
     survey of, and provide technical, planning, and design 
     assistance for, watershed management, restoration, and 
     development on the Navajo Indian Reservation, Arizona, New 
     Mexico, and Utah.
       (b) Cost Sharing.--The Federal share of the cost of 
     activities carried out under this section shall be 75 
     percent. Funds made available under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) may be used by the Navajo Nation in meeting the non-
     Federal share of the cost of such activities.

[[Page 7867]]

       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $12,000,000 for 
     fiscal years beginning after September 30, 1999.

     SEC. 523. AUGUSTA AND DEVALLS BLUFF, ARKANSAS.

       (a) In General.--The Secretary is authorized to perform 
     operations, maintenance, and rehabilitation on 37 miles of 
     levees in and around Augusta and Devalls Bluff, Arkansas.
       (b) Reimbursement.--After performing the operations, 
     maintenance, and rehabilitation under subsection (a), the 
     Secretary shall seek reimbursement from the Secretary of the 
     Interior of an amount equal to the costs allocated to 
     benefits to a Federal wildlife refuge of such operations, 
     maintenance, and rehabilitation.

     SEC. 524. BEAVER LAKE, ARKANSAS.

       (a) Water Supply Storage Reallocation.--The Secretary shall 
     reallocate approximately 31,000 additional acre-feet at 
     Beaver Lake, Arkansas, to water supply storage at no 
     additional cost to the Beaver Water District or the Carroll-
     Boone Water District above the amount that has already been 
     contracted for. At no time may the bottom of the conservation 
     pool be at an elevation that is less than 1,076 feet NGVD.
       (b) Contract Pricing.--The contract price for additional 
     storage for the Carroll-Boone Water District beyond that 
     which is provided for in subsection (a) shall be based on the 
     original construction cost of Beaver Lake and adjusted to the 
     1998 price level net of inflation between the date of 
     initiation of construction and the date of enactment of this 
     Act.

     SEC. 525. BEAVER LAKE TROUT PRODUCTION FACILITY, ARKANSAS.

       (a) Expedited Construction.--The Secretary shall construct, 
     under the authority of section 105 of the Water Resources 
     Development Act of 1976 (90 Stat. 2921) and section 1135 of 
     the Water Resources Development Act of 1986 (100 Stat. 4251-
     4252), the Beaver Lake trout hatchery as expeditiously as 
     possible, but in no event later than September 30, 2002.
       (b) Mitigation Plan.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary, in conjunction with 
     the State of Arkansas, shall prepare a plan for the 
     mitigation of effects of the Beaver Dam project on Beaver 
     Lake. Such plan shall provide for construction of the Beaver 
     Lake trout production facility and related facilities.

     SEC. 526. CHINO DAIRY PRESERVE, CALIFORNIA.

       (a) Technical Assistance.--The Secretary, in coordination 
     with the heads of other Federal agencies, shall provide 
     technical assistance to State and local agencies in the 
     study, design, and implementation of measures for flood 
     damage reduction and environmental restoration and protection 
     in the Santa Ana River watershed, California, with particular 
     emphasis on structural and nonstructural measures in the 
     vicinity of the Chino Dairy Preserve.
       (b) Comprehensive Study.--The Secretary shall conduct a 
     feasibility study to determine the most cost-effective plan 
     for flood damage reduction and environmental restoration and 
     protection in the vicinity of the Chino Dairy Preserve, Santa 
     Ana River watershed, Orange County and San Bernardino County, 
     California.

     SEC. 527. NOVATO, CALIFORNIA.

       The Secretary shall carry out a project for flood control 
     under section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s) at Rush Creek, Novato, California.

     SEC. 528. ORANGE AND SAN DIEGO COUNTIES, CALIFORNIA.

       The Secretary, in cooperation with local governments, may 
     prepare special area management plans in Orange and San Diego 
     Counties, California, to demonstrate the effectiveness of 
     using such plans to provide information regarding aquatic 
     resources. The Secretary may use such plans in making 
     regulatory decisions and issue permits consistent with such 
     plans.

     SEC. 529. SALTON SEA, CALIFORNIA.

       (a) Technical Assistance.--The Secretary, in coordination 
     with other Federal agencies, shall provide technical 
     assistance to Federal, State, and local agencies in the 
     study, design, and implementation of measures for the 
     environmental restoration and protection of the Salton Sea, 
     California.
       (b) Study.--The Secretary, in coordination with other 
     Federal, State, and local agencies, shall conduct a study to 
     determine the most effective plan for the Corps of Engineers 
     to assist in the environmental restoration and protection of 
     the Salton Sea, California.

     SEC. 530. SANTA CRUZ HARBOR, CALIFORNIA.

       The Secretary is authorized to modify the cooperative 
     agreement with the Santa Cruz Port District, California, to 
     reflect unanticipated additional dredging effort and to 
     extend such agreement for 10 years.

     SEC. 531. POINT BEACH, MILFORD, CONNECTICUT.

       (a) Maximum Federal Expenditure.--The maximum amount of 
     Federal funds that may be expended for the project for 
     hurricane and storm damage reduction, Point Beach, Milford, 
     Connecticut, shall be $3,000,000.
       (b) Revision of Project Cooperation Agreement.--The 
     Secretary shall revise the project cooperation agreement for 
     the project referred to in subsection (a) to take into 
     account the change in the Federal participation in such 
     project.
       (c) Cost Sharing.--Nothing in this section shall be 
     construed to affect any cost-sharing requirement applicable 
     to the project referred to in subsection (a) under section 
     101 of the Water Resources Development Act of 1986 (31 U.S.C. 
     2211).

     SEC. 532. LOWER ST. JOHNS RIVER BASIN, FLORIDA.

       (a) Computer Model.--
       (1) In general.--The Secretary may apply the computer model 
     developed under the St. Johns River basin feasibility study 
     to assist non-Federal interests in developing strategies for 
     improving water quality in the Lower St. Johns River basin, 
     Florida.
       (2) Cost sharing.--The non-Federal share of the cost of 
     assistance provided under this subsection shall be 50 
     percent.
       (b) Topographic Survey.--The Secretary is authorized to 
     provide 1-foot contour topographic survey maps of the Lower 
     St. Johns River basin, Florida, to non-Federal interests for 
     analyzing environmental data and establishing benchmarks for 
     subbasins.

     SEC. 533. SHORELINE PROTECTION AND ENVIRONMENTAL RESTORATION, 
                   LAKE ALLATOONA, GEORGIA.

       (a) In General.--The Secretary, in cooperation with the 
     Administrator of the Environmental Protection Agency, is 
     authorized to carry out the following water-related 
     environmental restoration and resource protection activities 
     to restore Lake Allatoona and the Etowah River in Georgia:
       (1) Lake allatoona/etowah river shoreline restoration 
     design.--Develop pre-construction design measures to 
     alleviate shoreline erosion and sedimentation problems.
       (2) Little river environmental restoration.--Conduct a 
     feasibility study to evaluate environmental problems and 
     recommend environmental infrastructure restoration measures 
     for the Little River within Lake Allatoona, Georgia.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal years beginning after September 
     30, 1999--
       (1) $850,000 to carry out subsection (a)(1); and
       (2) $250,000 to carry out subsection (a)(2).

     SEC. 534. MAYO'S BAR LOCK AND DAM, COOSA RIVER, ROME, 
                   GEORGIA.

       The Secretary is authorized to provide technical 
     assistance, including planning, engineering, and design 
     assistance, for the reconstruction of the Mayo's Bar Lock and 
     Dam, Coosa River, Rome, Georgia. The non-Federal share of 
     assistance under this section shall be 50 percent.

     SEC. 535. COMPREHENSIVE FLOOD IMPACT RESPONSE MODELING 
                   SYSTEM, CORALVILLE RESERVOIR AND IOWA RIVER 
                   WATERSHED, IOWA.

       (a) In General.--The Secretary, in cooperation with the 
     University of Iowa, shall conduct a study and develop a 
     Comprehensive Flood Impact Response Modeling System for 
     Coralville Reservoir and the Iowa River watershed, Iowa.
       (b) Contents of Study.--The study shall include--
       (1) an evaluation of the combined hydrologic, geomorphic, 
     environmental, economic, social, and recreational impacts of 
     operating strategies within the Iowa River watershed;
       (2) development of an integrated, dynamic flood impact 
     model; and
       (3) development of a rapid response system to be used 
     during flood and other emergency situations.
       (c) Report to Congress.--Not later than 5 years after the 
     date of enactment of this Act, the Secretary shall transmit 
     to Congress a report containing the results of the study and 
     modeling system together with such recommendations as the 
     Secretary determines to be appropriate.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $900,000 for 
     each of fiscal years 2000 through 2004.

     SEC. 536. ADDITIONAL CONSTRUCTION ASSISTANCE IN ILLINOIS.

       The Secretary may carry out the project for Georgetown, 
     Illinois, and the project for Olney, Illinois, referred to in 
     House Report Number 104-741, accompanying Public Law 104-182.

     SEC. 537. KANOPOLIS LAKE, KANSAS.

       (a) Water Storage.--The Secretary shall offer to the State 
     of Kansas the right to purchase water storage in Kanopolis 
     Lake, Kansas, at a price calculated in accordance with and in 
     a manner consistent with the terms of the memorandum of 
     understanding entitled ``Memorandum of Understanding Between 
     the State of Kansas and the U.S. Department of the Army 
     Concerning the Purchase of Municipal and Industrial Water 
     Supply Storage'', dated December 11, 1985.
       (b) Effective Date.--For the purposes of this section, the 
     effective date of that memorandum of understanding shall be 
     deemed to be the date of enactment of this Act.

     SEC. 538. SOUTHERN AND EASTERN KENTUCKY.

       Section 531(h) of the Water Resources Development Act of 
     1996 (110 Stat. 3774) is amended by striking ``$10,000,000'' 
     and inserting ``$25,000,000''.

     SEC. 539. SOUTHEAST LOUISIANA.

       Section 533(c) of the Water Resources Development Act of 
     1996 (110 Stat. 3775) is amended by striking ``$100,000,000'' 
     and inserting ``$200,000,000''.

     SEC. 540. SNUG HARBOR, MARYLAND.

       (a) In General.--The Secretary, in coordination with the 
     Director of the Federal Emergency Management Agency, is 
     authorized--
       (1) to provide technical assistance to the residents of 
     Snug Harbor, in the vicinity of Berlin, Maryland, for 
     purposes of flood damage reduction;
       (2) to conduct a study of a project for nonstructural 
     measures for flood damage reduction in the vicinity of Snug 
     Harbor, Maryland, taking into account the relationship of 
     both the

[[Page 7868]]

     Ocean City Inlet and Assateague Island to the flooding; and
       (3) after completion of the study, to carry out the project 
     under the authority of section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s).
       (b) FEMA Assistance.--The Director, in coordination with 
     the Secretary and under the authorities of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 note), may provide technical assistance and 
     nonstructural measures for flood damage mitigation in the 
     vicinity of Snug Harbor, Maryland.
       (c) Federal Share.--The Federal share of the cost of 
     assistance under this section shall not exceed $3,000,000. 
     The non-Federal share of such cost shall be determined in 
     accordance with the Water Resources Development Act of 1986 
     or the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act, as appropriate.

     SEC. 541. WELCH POINT, ELK RIVER, CECIL COUNTY, AND 
                   CHESAPEAKE CITY, MARYLAND.

       (a) Spillage of Dredged Materials.--The Secretary shall 
     carry out a study to determine if the spillage of dredged 
     materials that were removed as part of the project for 
     navigation, Inland Waterway from Delaware River to Chesapeake 
     Bay, Delaware and Maryland, authorized by the first section 
     of the Act of August 30, 1935 (49 Stat. 1030), is a 
     significant impediment to vessels transiting the Elk River 
     near Welch Point, Maryland. If the Secretary determines that 
     the spillage is an impediment to navigation, the Secretary 
     may conduct such dredging as may be required to permit 
     navigation on the river.
       (b) Damage to Water Supply.--The Secretary shall carry out 
     a study to determine if additional compensation is required 
     to fully compensate the city of Chesapeake, Maryland, for 
     damage to the city's water supply resulting from dredging of 
     the Chesapeake and Delaware Canal project. If the Secretary 
     determines that such additional compensation is required, the 
     Secretary may provide the compensation to the city of 
     Chesapeake.

     SEC. 542. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall carry out an investigation of the 
     contamination of the well system in West View Shores, Cecil 
     County, Maryland. If the Secretary determines that the 
     disposal site from any Federal navigation project has 
     contributed to the contamination of the wells, the Secretary 
     may provide alternative water supplies, including replacement 
     of wells, at full Federal expense.

     SEC. 543. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA, 
                   AND WEST VIRGINIA.

       Section 539 of the Water Resources Development Act of 1996 
     (110 Stat. 3776-3777) is amended--
       (1) in subsection (a)(1) by striking ``technical'';
       (2) in subsection (a)(1) by inserting ``(or in the case of 
     projects located on lands owned by the United States, to 
     Federal interests)'' after ``interests'';
       (3) in subsection (a)(3) by inserting ``or in conjunction'' 
     after ``consultation''; and
       (4) by inserting at the end of subsection (d) the 
     following: ``Funds authorized to be appropriated to carry out 
     section 340 of the Water Resources Development Act of 1992 
     (106 Stat. 4856) are authorized for projects undertaken under 
     subsection (a)(1)(B).''.

     SEC. 544. CAPE COD CANAL RAILROAD BRIDGE, BUZZARDS BAY, 
                   MASSACHUSETTS.

       (a) Alternative Transportation.--The Secretary is 
     authorized to provide up to $300,000 for alternative 
     transportation that may arise as a result of the operation, 
     maintenance, repair, and rehabilitation of the Cape Cod Canal 
     Railroad Bridge.
       (b) Operation and Maintenance Contract Renegotiation.--Not 
     later than 60 days after the date of enactment of this Act, 
     the Secretary shall enter into negotiation with the owner of 
     the railroad right-of-way for the Cape Cod Canal Railroad 
     Bridge for the purpose of establishing the rights and 
     responsibities for the operation and maintenance of the 
     Bridge. The Secretary is authorized to include in any new 
     contract the termination of the prior contract numbered ER-
     W175-ENG-1.

     SEC. 545. ST. LOUIS, MISSOURI.

       (a) Demonstration Project.--The Secretary, in consultation 
     with local officials, shall conduct a demonstration project 
     to improve water quality in the vicinity of St. Louis, 
     Missouri.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,700,000 to carry out this section.

      SEC. 546. BEAVER BRANCH OF BIG TIMBER CREEK, NEW JERSEY.

       Upon request of the State of New Jersey or a political 
     subdivision thereof, the Secretary may compile and 
     disseminate information on floods and flood damages, 
     including identification of areas subject to inundation by 
     floods, and provide technical assistance regarding floodplain 
     management for Beaver Branch of Big Timber Creek, New Jersey.

     SEC. 547. LAKE ONTARIO AND ST. LAWRENCE RIVER WATER LEVELS, 
                   NEW YORK.

       Upon request, the Secretary shall provide technical 
     assistance to the International Joint Commission and the St. 
     Lawrence River Board of Control in undertaking studies on the 
     effects of fluctuating water levels on the natural 
     environment, recreational boating, property flooding, and 
     erosion along the shorelines of Lake Ontario and the St. 
     Lawrence River in New York. The Commission and Board are 
     encouraged to conduct such studies in a comprehensive and 
     thorough manner before implementing any change to water 
     regulation Plan 1958-D.

     SEC. 548. NEW YORK-NEW JERSEY HARBOR, NEW YORK AND NEW 
                   JERSEY.

       The Secretary may enter into cooperative agreements with 
     non-Federal interests to investigate, develop, and support 
     measures for sediment management and reduction of contaminant 
     sources which affect navigation in the Port of New York-New 
     Jersey and the environmental conditions of the New York-New 
     Jersey Harbor estuary. Such investigation shall include an 
     analysis of the economic and environmental benefits and costs 
     of potential sediment management and contaminant reduction 
     measures.

     SEC. 549. SEA GATE REACH, CONEY ISLAND, NEW YORK, NEW YORK.

       The Secretary is authorized to construct a project for 
     shoreline protection which includes a beachfill with 
     revetment and T-groin for the Sea Gate Reach on Coney Island, 
     New York, as identified in the March 1998 report prepared for 
     the Corps of Engineers, New York District, entitled ``Field 
     Data Gathering, Project Performance Analysis and Design 
     Alternative Solutions to Improve Sandfill Retention'', at a 
     total cost of $9,000,000, with an estimated Federal cost of 
     $5,850,000 and an estimated non-Federal cost of $3,150,000.

     SEC. 550. WOODLAWN, NEW YORK.

       (a) In General.--The Secretary shall provide planning, 
     design, and other technical assistance to non-Federal 
     interests for identifying and mitigating sources of 
     contamination at Woodlawn Beach in Woodlawn, New York.
       (b) Cost Sharing.--The non-Federal share of the cost of 
     assistance provided under this section shall be 50 percent.

     SEC. 551. FLOODPLAIN MAPPING, NEW YORK.

       (a) In General.--The Secretary shall provide assistance for 
     a project to develop maps identifying 100- and 500-year flood 
     inundation areas in the State of New York.
       (b) Requirements.--Maps developed under the project shall 
     include hydrologic and hydraulic information and shall 
     accurately show the flood inundation of each property by 
     flood risk in the floodplain. The maps shall be produced in a 
     high resolution format and shall be made available to all 
     flood prone areas in the State of New York in an electronic 
     format.
       (c) Participation of FEMA.--The Secretary and the non-
     Federal sponsor of the project shall work with the Director 
     of the Federal Emergency Management Agency to ensure the 
     validity of the maps developed under the project for flood 
     insurance purposes.
       (d) Forms of Assistance.--In carrying out the project, the 
     Secretary may enter into contracts or cooperative agreements 
     with the non-Federal sponsor or provide reimbursements of 
     project costs.
       (e) Federal Share.--The Federal share of the cost of the 
     project shall be 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $12,000,000 for 
     fiscal years beginning after September 30, 1998.

     SEC. 552. WHITE OAK RIVER, NORTH CAROLINA.

       The Secretary shall conduct a study to determine if water 
     quality deterioration and sedimentation of the White Oak 
     River, North Carolina, are the result of the Atlantic 
     Intracoastal Waterway navigation project. If the Secretary 
     determines that the water quality deterioration and 
     sedimentation are the result of the project, the Secretary 
     shall take appropriate measures to mitigate the deterioration 
     and sedimentation.

     SEC. 553. TOUSSAINT RIVER, CARROLL TOWNSHIP, OTTAWA COUNTY, 
                   OHIO.

       The Secretary is authorized to provide technical assistance 
     for the removal of military ordnance from the Toussaint 
     River, Carroll Township, Ottawa County, Ohio.

     SEC. 554. SARDIS RESERVOIR, OKLAHOMA.

       (a) In General.--The Secretary shall accept from the State 
     of Oklahoma or an agent of the State an amount, as determined 
     under subsection (b), as prepayment of 100 percent of the 
     water supply cost obligation of the State under Contract No. 
     DACW56-74-JC-0314 for water supply storage at Sardis 
     Reservoir, Oklahoma.
       (b) Determination of Amount.--The amount to be paid by the 
     State of Oklahoma under subsection (a) shall be subject to 
     adjustment in accordance with accepted discount purchase 
     methods for Federal Government properties as determined by an 
     independent accounting firm designated by the Director of the 
     Office of Management and Budget. The cost of such 
     determination shall be paid for by the State of Oklahoma or 
     an agent of the State.
       (c) Effect.--Nothing in this section affects any of the 
     rights or obligations of the parties to the contract referred 
     to in subsection (a).

     SEC. 555. WAURIKA LAKE, OKLAHOMA, WATER CONVEYANCE 
                   FACILITIES.

       For the project for construction of the water conveyances 
     authorized by the first section of Public Law 88-253 (77 
     Stat. 841), the requirement for the Waurika Project Master 
     Conservancy District to repay the $2,900,000 in costs 
     (including interest) resulting from the October 1991 
     settlement of the claim before the United States Claims 
     Court, and the payment of $1,190,451 of the final cost 
     representing the difference between the 1978 estimate of cost 
     and the actual cost determined after completion of such 
     project in 1991, are waived.

     SEC. 556. SKINNER BUTTE PARK, EUGENE, OREGON.

       (a) Study.--The Secretary shall conduct a study of the 
     south bank of the Willamette River, in the area of Skinner 
     Butte Park from Ferry Street Bridge to the Valley River 
     footbridge, to

[[Page 7869]]

     determine the feasibility of carrying out a project to 
     stabilize the river bank, and to restore and enhance riverine 
     habitat, using a combination of structural and bioengineering 
     techniques.
       (b) Construction.--If, upon completion of the study, the 
     Secretary determines that the project is feasible, the 
     Secretary shall participate with non-Federal interests in the 
     construction of the project.
       (c) Cost Share.--The non-Federal share of the cost of the 
     project shall be 35 percent.
       (d) Lands, Easements, and Rights-of-Way.--The non-Federal 
     interest shall provide lands, easements, rights-of-way, 
     relocations, and dredged material disposal areas necessary 
     for construction of the project. The value of such items 
     shall be credited toward the non-Federal share of the cost of 
     the project.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     fiscal years beginning after September 30, 1999.

     SEC. 557. WILLAMETTE RIVER BASIN, OREGON.

       The Secretary, Director of the Federal Emergency Management 
     Agency, Administrator of the Environmental Protection Agency, 
     and heads of other appropriate Federal agencies shall, using 
     existing authorities, assist the State of Oregon in 
     developing and implementing a comprehensive basin-wide 
     strategy in the Willamette River basin of Oregon for 
     coordinated and integrated management of land and water 
     resources to improve water quality, reduce flood hazards, 
     ensure sustainable economic activity, and restore habitat for 
     native fish and wildlife. The heads of such Federal agencies 
     may provide technical assistance, staff and financial support 
     for development of the basin-wide management strategy. The 
     heads of Federal agencies shall seek to exercise flexibility 
     in administrative actions and allocation of funding to reduce 
     barriers to efficient and effective implementing of the 
     strategy.

     SEC. 558. BRADFORD AND SULLIVAN COUNTIES, PENNSYLVANIA.

       The Secretary is authorized to provide assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in Bradford and Sullivan 
     Counties, Pennsylvania, using the funds and authorities 
     provided in title I of the Energy and Water Development 
     Appropriations Act, 1999 (Public Law 105-245) under the 
     heading ``Construction, General'' (112 Stat. 1840) for 
     similar projects in Lackawanna, Lycoming, Susquehanna, 
     Wyoming, Pike, and Monroe Counties, Pennsylvania.

     SEC. 559. ERIE HARBOR, PENNSYLVANIA.

       The Secretary may reimburse the appropriate non-Federal 
     interest not more than $78,366 for architect and engineering 
     costs incurred in connection with the Erie Harbor basin 
     navigation project, Pennsylvania.

     SEC. 560. POINT MARION LOCK AND DAM, PENNSYLVANIA.

       The project for navigation, Point Marion Lock and Dam, 
     Borough of Point Marion, Pennsylvania, as authorized by 
     section 301(a) of the Water Resources Development Act of 1986 
     (100 Stat. 4110), is modified to direct the Secretary, in the 
     operation and maintenance of the project, to mitigate damages 
     to the shoreline, at a total cost of $2,000,000. The cost of 
     the mitigation shall be allocated as an operation and 
     maintenance cost of a Federal navigation project.

     SEC. 561. SEVEN POINTS' HARBOR, PENNSYLVANIA.

       (a) In General.--The Secretary is authorized, at full 
     Federal expense, to construct a breakwater-dock combination 
     at the entrance to Seven Points' Harbor, Pennsylvania.
       (b) Operation and Maintenance Costs.--All operation and 
     maintenance costs associated with the facility constructed 
     under this section shall be the responsibility of the lessee 
     of the marina complex at Seven Points' Harbor.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $850,000 to carry out this section.

     SEC. 562. SOUTHEASTERN PENNSYLVANIA.

       Section 566(b) of the Water Resources Development Act of 
     1996 (110 Stat. 3786) is amended by inserting ``environmental 
     restoration,'' after ``water supply and related 
     facilities,''.

     SEC. 563. UPPER SUSQUEHANNA-LACKAWANNA WATERSHED RESTORATION 
                   INITIATIVE.

       (a) In General.--The Secretary, in cooperation with 
     appropriate Federal, State, and local agencies and 
     nongovernmental institutions, is authorized to prepare a 
     watershed plan for the Upper Susquehanna-Lackawanna Watershed 
     (USGS Cataloguing Unit 02050107). The plan shall utilize 
     geographic information system and shall include a 
     comprehensive environmental assessment of the watershed's 
     ecosystem, a comprehensive flood plain management plan, a 
     flood plain protection plan, water resource and environmental 
     restoration projects, water quality improvement, and other 
     appropriate infrastructure and measures.
       (b) Non-Federal Share.--The non-Federal share of the cost 
     of preparation of the plan under this section shall be 50 
     percent. Services and materials instead of cash may be 
     credited toward the non-Federal share of the cost of the 
     plan.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     fiscal years beginning after September 30, 1999.

      SEC. 564. AGUADILLA HARBOR, PUERTO RICO.

       The Secretary shall conduct a study to determine if erosion 
     and additional storm damage risks that exist in the vicinity 
     of Aguadilla Harbor, Puerto Rico, are the result of a Federal 
     navigation project. If the Secretary determines that such 
     erosion and additional storm damage risks are the result of 
     the project, the Secretary shall take appropriate measures to 
     mitigate the erosion and storm damage.

     SEC. 565. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA, STUDY.

       Section 441 of the Water Resources Development Act of 1996 
     (110 Stat. 3747) is amended--
       (1) by inserting ``(a) Investigation.--'' before ``The 
     Secretary''; and
       (2) by adding at the end the following:
       ``(b) Report.--Not later than September 30, 1999, the 
     Secretary shall transmit to Congress a report on the results 
     of the investigation under this section. The report shall 
     include the examination of financing options for regular 
     maintenance and preservation of the lake. The report shall be 
     prepared in coordination and cooperation with the Natural 
     Resources Conservation Service, other Federal agencies, and 
     State and local officials.''.

     SEC. 566. INTEGRATED WATER MANAGEMENT PLANNING, TEXAS.

       (a) In General.--The Secretary, in cooperation with other 
     Federal agencies and the State of Texas, shall provide 
     technical, planning, and design assistance to non-Federal 
     interests in developing integrated water management plans and 
     projects that will serve the cities, counties, water 
     agencies, and participating planning regions under the 
     jurisdiction of the State of Texas.
       (b) Purposes of Assistance.--Assistance provided under 
     subsection (a) shall be in support of non-Federal planning 
     and projects for the following purposes:
       (1) Plan and develop integrated, near- and long-term water 
     management plans that address the planning region's water 
     supply, water conservation, and water quality needs.
       (2) Study and develop strategies and plans that restore, 
     preserve, and protect the State's and planning region's 
     natural ecosystems.
       (3) Facilitate public communication and participation.
       (4) Integrate such activities with other ongoing Federal 
     and State projects and activities associated with the State 
     of Texas water plan and the State of Texas legislation.
       (c) Cost Sharing.--The non-Federal share of the cost of 
     assistance provided under subsection (a) shall be 50 percent, 
     of which up to \1/2\ of the non-Federal share may be provided 
     as in kind services.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     the fiscal years beginning after September 30, 1999.

     SEC. 567. BOLIVAR PENINSULA, JEFFERSON, CHAMBERS, AND 
                   GALVESTON COUNTIES, TEXAS.

       (a) Shore Protection Project.--The Secretary is authorized 
     to design and construct a shore protection project between 
     the south jetty of the Sabine Pass Channel and the north 
     jetty of the Galveston Harbor Entrance Channel in Jefferson, 
     Chambers, and Galveston Counties, Texas, including beneficial 
     use of dredged material from Federal navigation projects.
       (b) Applicability of Benefit-Cost Ratio Waiver Authority.--
     In evaluating and implementing the project, the Secretary 
     shall allow the non-Federal interest to participate in the 
     financing of the project in accordance with section 903(c) of 
     the Water Resources Development Act of 1986 (100 Stat. 4184), 
     notwithstanding any limitation on the purpose of projects to 
     which such section applies, to the extent that the 
     Secretary's evaluation indicates that applying such section 
     is necessary to implement the project.

     SEC. 568. GALVESTON BEACH, GALVESTON COUNTY, TEXAS.

       The Secretary is authorized to design and construct a shore 
     protection project between the Galveston South Jetty and San 
     Luis Pass, Galveston County, Texas, using innovative 
     nourishment techniques, including beneficial use of dredged 
     material from Federal navigation projects.

     SEC. 569. PACKERY CHANNEL, CORPUS CHRISTI, TEXAS.

       (a) In General.--The Secretary shall construct a navigation 
     and storm protection project at Packery Channel, Mustang 
     Island, Texas, consisting of construction of a channel and a 
     channel jetty and placement of sand along the length of the 
     seawall.
       (b) Ecological and Recreational Benefits.--In evaluating 
     the project, the Secretary shall include the ecological and 
     recreational benefits of reopening the Packery Channel.
       (c) Applicability of Benefit-Cost Ratio Waiver Authority.--
     In evaluating and implementing the project, the Secretary 
     shall allow the non-Federal interest to participate in the 
     financing of the project in accordance with section 903(c) of 
     the Water Resources Development Act of 1986 (100 Stat. 4184), 
     notwithstanding any limitation on the purpose of projects to 
     which such section applies, to the extent that the 
     Secretary's evaluation indicates that applying such section 
     is necessary to implement the project.

     SEC. 570. NORTHERN WEST VIRGINIA.

       The projects described in the following reports are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     recommended in such reports:
       (1) Parkersburg, west virginia.--Report of the Corps of 
     Engineers entitled ``Parkersburg/Vienna Riverfront Park 
     Feasibility Study'', dated June 1998, at a total cost of 
     $8,400,000, with an estimated Federal cost of $4,200,000, and 
     an estimated non-Federal cost of $4,200,000.

[[Page 7870]]

       (2) Weirton, west virginia.--Report of the Corps of 
     Engineers entitled ``Feasibility Master Plan for Weirton Port 
     and Industrial Center, West Virginia Public Port Authority'', 
     dated December 1997, at a total cost of $18,000,000, with an 
     estimated Federal cost of $9,000,000, and an estimated non-
     Federal cost of $9,000,000.
       (3) Erickson/wood county, west virginia.--Report of the 
     Corps of Engineers entitled ``Feasibility Master Plan for 
     Erickson/Wood County Port District, West Virginia Public Port 
     Authority'', dated July 7, 1997, at a total cost of 
     $28,000,000, with an estimated Federal cost of $14,000,000, 
     and an estimated non-Federal cost of $14,000,000.
       (4) Monongahela river, west virginia.--Monongahela River, 
     West Virginia, Comprehensive Study Reconnaissance Report, 
     dated September 1995, consisting of the following elements:
       (A) Morgantown Riverfront Park, Morgantown, West Virginia, 
     at a total cost of $1,600,000, with an estimated Federal cost 
     of $800,000 and an estimated non-Federal cost of $800,000.
       (B) Caperton Rail to Trail, Monongahela County, West 
     Virginia, at a total cost of $4,425,000, with an estimated 
     Federal cost of $2,212,500 and an estimated non-Federal cost 
     of $2,212,500.
       (C) Palatine Park, Fairmont, West Virginia, at a total cost 
     of $1,750,000, with an estimated Federal cost of $875,000 and 
     an estimated non-Federal cost of $875,000.

     SEC. 571. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH.

       (a) In General.--The Secretary shall develop and implement 
     a research program to evaluate opportunities to manage peak 
     flood flows in urbanized watersheds located in the State of 
     New Jersey.
       (b) Scope of Research.--The research program authorized by 
     subsection (a) shall be accomplished through the New York 
     District. The research shall specifically include the 
     following:
       (1) Identification of key factors in urbanized watersheds 
     that are under development and impact peak flows in the 
     watersheds and downsteam of the watersheds.
       (2) Development of peak flow management models for 4 to 6 
     watersheds in urbanized areas located with widely differing 
     geology, areas, shapes, and soil types that can be used to 
     determine optimal flow reduction factors for individual 
     watersheds.
       (3) Utilization of such management models to determine 
     relationships between flow and reduction factors and change 
     in imperviousness, soil types, shape of the drainage basin, 
     and other pertinent parameters from existing to ultimate 
     conditions in watersheds under consideration for development.
       (4) Development and validation of an inexpensive accurate 
     model to establish flood reduction factors based on runoff 
     curve numbers, change in imperviousness, the shape of the 
     basin, and other pertinent factors.
       (c) Report to Congress.--The Secretary shall evaluate 
     policy changes in the planning process for flood control 
     projects based on the results of the research authorized by 
     this section and transmit to Congress a report not later than 
     3 years after the date of enactment of this Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carryout this section $3,000,000 for 
     fiscal years beginning after September 30, 1999.
       (e) Flow Reduction Factors Defined.--In this section, the 
     term ``flow reduction factors'' means the ratio of estimated 
     allowable peak flows of stormwater after projected 
     development when compared to pre-existing conditions.

     SEC. 572. MISSISSIPPI RIVER COMMISSION.

       Section 8 of the Flood Control Act of May 15, 1928 (Public 
     Law 391, 70th Congress), is amended by striking ``$7,500'' 
     and inserting ``$21,500.''

     SEC. 573. COASTAL AQUATIC HABITAT MANAGEMENT.

       (a) In General.--The Secretary may cooperate with the 
     Secretaries of Agriculture and the Interior, the 
     Administrators of the Environmental Protection Agency and the 
     National Oceanic and Atmospheric Administration, other 
     appropriate Federal, State, and local agencies, and affected 
     private entities, in the development of a management strategy 
     to address problems associated with toxic microorganisms and 
     the resulting degradation of ecosystems in the tidal and 
     nontidal wetlands and waters of the United States for the 
     States along the Atlantic Ocean. As part of such management 
     strategy, the Secretary may provide planning, design, and 
     other technical assistance to each participating State in the 
     development and implementation of nonregulatory measures to 
     mitigate environmental problems and restore aquatic 
     resources.
       (b) Cost Sharing.--The Federal share of the cost of 
     measures undertaken under this section shall not exceed 65 
     percent.
       (c) Operation and Maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (d) Authorization of Appropriation.--There is authorized to 
     be appropriated to carry out this section $7,000,000 for 
     fiscal years beginning after September 30, 1999.

     SEC. 574. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

       (a) In General.--The Secretary is authorized to provide 
     technical, planning, and design assistance to Federal and 
     non-Federal interests for carrying out projects to address 
     water quality problems caused by drainage and related 
     activities from abandoned and inactive noncoal mines.
       (b) Specific Measures.--Assistance provided under 
     subsection (a) may be in support of projects for the 
     following purposes:
       (1) Management of drainage from abandoned and inactive 
     noncoal mines.
       (2) Restoration and protection of streams, rivers, 
     wetlands, other waterbodies, and riparian areas degraded by 
     drainage from abandoned and inactive noncoal mines.
       (3) Demonstration of management practices and innovative 
     and alternative treatment technologies to minimize or 
     eliminate adverse environmental effects associated with 
     drainage from abandoned and inactive noncoal mines.
       (c) Non-Federal Share.--The non-Federal share of the cost 
     of assistance under subsection (a) shall be 50 percent; 
     except that the Federal share with respect to projects 
     located on lands owned by the United States shall be 100 
     percent.
       (d) Effect on Authority of the Secretary of the Interior.--
     Nothing in this section shall be construed as affecting the 
     authority of the Secretary of the Interior under title IV of 
     the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1231 et seq.).
       (e) Technology Database for Reclamation of Abandoned 
     Mines.--The Secretary is authorized to provide assistance to 
     non-Federal and non-profit entities to develop, manage, and 
     maintain a database of conventional and innovative, cost-
     effective technologies for reclamation of abandoned and 
     inactive noncoal mine sites. Such assistance shall be 
     provided through the rehabilitation of abandoned mine sites 
     program, managed by the Sacramento District Office of the 
     Corps of Engineers.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.

     SEC. 575. BENEFICIAL USE OF WASTE TIRE RUBBER.

       (a) In General.--The Secretary is authorized to conduct 
     pilot projects to encourage the beneficial use of waste tire 
     rubber, including crumb rubber, recycled from tires. Such 
     beneficial use may include marine pilings, underwater 
     framing, floating docks with built-in flotation, utility 
     poles, and other uses associated with transportation and 
     infrastructure projects receiving Federal funds. The 
     Secretary shall, when appropriate, encourage the use of waste 
     tire rubber, including crumb rubber, in such federally funded 
     projects.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     fiscal years beginning after September 30, 1998.

     SEC. 576. SITE DESIGNATION.

       Section 102(c)(4) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended by 
     striking ``January 1, 2000'' and inserting ``January 1, 
     2005''.

     SEC. 577. LAND CONVEYANCES.

       (a) Exchange of Land in Pike County, Missouri.--
       (1) Exchange of land.--Subject to paragraphs (3) and (4), 
     at such time as Holnam Inc. conveys all right, title, and 
     interest in and to the land described in paragraph (2)(A) to 
     the United States, the Secretary shall convey all right, 
     title, and interest in the land described in paragraph (2)(B) 
     to Holnam Inc.
       (2) Description of lands.--The lands referred to in 
     paragraph (1) are the following:
       (A) Non-federal land.--152.45 acres with existing flowage 
     easements situated in Pike County, Missouri, described a 
     portion of Government Tract Number FM-9 and all of Government 
     Tract Numbers FM-11, FM-10, FM-12, FM-13, and FM-16, owned 
     and administered by the Holnam Inc.
       (B) Federal land.--152.61 acres situated in Pike County, 
     Missouri, known as Government Tract Numbers FM-17 and a 
     portion of FM-18, administered by the Corps of Engineers.
       (3) Conditions of exchange.--The exchange of land 
     authorized by paragraph (1) shall be subject to the following 
     conditions:
       (A) Deeds.--
       (i) Federal land.--The instrument of conveyance used to 
     convey the land described in paragraph (2)(B) to Holnam Inc. 
     shall contain such reservations, terms, and conditions as the 
     Secretary considers necessary to allow the United States to 
     operate and maintain the Mississippi River 9-Foot Navigation 
     Project.
       (ii) Non-federal land.--The conveyance of the land 
     described in paragraph (2)(A) to the Secretary shall be by a 
     warranty deed acceptable to the Secretary.
       (B) Removal of improvements.--Holnam Inc. may remove any 
     improvements on the land described in paragraph (2)(A). The 
     Secretary may require Holnam Inc. to remove any improvements 
     on the land described in paragraph (2)(A). In either case, 
     Holnam Inc. shall hold the United States harmless from 
     liability, and the United States shall not incur cost 
     associated with the removal or relocation of any such 
     improvements.
       (C) Time limit for exchange.--The land exchange authorized 
     by paragraph (1) shall be completed not later than 2 years 
     after the date of enactment of this Act.
       (D) Legal description.--The Secretary shall provide the 
     legal description of the land described in paragraph (2). The 
     legal description shall be used in the instruments of 
     conveyance of the land.
       (E) Administrative costs.--The Secretary shall require 
     Holnam Inc. to pay reasonable administrative costs associated 
     with the exchange.
       (4) Value of properties.--If the appraised fair market 
     value, as determined by the Secretary, of the land conveyed 
     to Holnam Inc. by the Secretary under paragraph (1) exceeds 
     the appraised fair market value, as determined by the 
     Secretary, of the land conveyed to the

[[Page 7871]]

     United States by Holnam Inc. under paragraph (1), Holnam Inc. 
     shall make a payment equal to the excess in cash or a cash 
     equivalent to the United States.
       (b) Candy Lake Project, Osage County, Oklahoma.--
       (1) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Fair market value.--The term ``fair market value'' 
     means the amount for which a willing buyer would purchase and 
     a willing seller would sell a parcel of land, as determined 
     by a qualified, independent land appraiser.
       (B) Previous owner of land.--The term ``previous owner of 
     land'' means a person (including a corporation) that 
     conveyed, or a descendant of a deceased individual who 
     conveyed, land to the Corps of Engineers for use in the Candy 
     Lake project in Osage County, Oklahoma.
       (2) Land conveyances.--
       (A) In general.--The Secretary shall convey, in accordance 
     with this subsection, all right, title, and interest of the 
     United States in and to the land acquired by the United 
     States for the Candy Lake project in Osage County, Oklahoma.
       (B) Previous owners of land.--
       (i) In general.--The Secretary shall give a previous owner 
     of land the first option to purchase the land described in 
     subparagraph (A).
       (ii) Application.--

       (I) In general.--A previous owner of land that desires to 
     purchase the land described in subparagraph (A) that was 
     owned by the previous owner of land, or by the individual 
     from whom the previous owner of land is descended, shall file 
     an application to purchase the land with the Secretary not 
     later than 180 days after the official date of notice to the 
     previous owner of land under paragraph (3).
       (II) First to file has first option.--If more than 1 
     application is filed to purchase a parcel of land described 
     in subparagraph (A), the first option to purchase the parcel 
     of land shall be determined in the order in which 
     applications for the parcel of land were filed.

       (iii) Identification of previous owners of land.--As soon 
     as practicable after the date of enactment of this Act, the 
     Secretary shall, to the extent practicable, identify each 
     previous owner of land.
       (iv) Consideration.--Consideration for land conveyed under 
     this paragraph shall be the fair market value of the land.
       (C) Disposal.--Any land described in subparagraph (A) for 
     which an application to purchase the land has not been filed 
     under subparagraph (B)(ii) within the applicable time period 
     shall be disposed of in accordance with law.
       (D) Extinguishment of easements.--All flowage easements 
     acquired by the United States for use in the Candy Lake 
     project in Osage County, Oklahoma, are extinguished.
       (3) Notice.--
       (A) In general.--The Secretary shall notify--
       (i) each person identified as a previous owner of land 
     under paragraph (2)(B)(iii), not later than 90 days after 
     identification, by United States mail; and
       (ii) the general public, not later than 90 days after the 
     date of enactment of this Act, by publication in the Federal 
     Register.
       (B) Contents of notice.--Notice under this paragraph shall 
     include--
       (i) a copy of this subsection;
       (ii) information sufficient to separately identify each 
     parcel of land subject to this subsection; and
       (iii) specification of the fair market value of each parcel 
     of land subject to this subsection.
       (C) Official date of notice.--The official date of notice 
     under this paragraph shall be the later of--
       (i) the date on which actual notice is mailed; or
       (ii) the date of publication of the notice in the Federal 
     Register.
       (c) Lake Hugo, Oklahoma, Area Land Conveyance.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall convey at fair 
     market value to Choctaw County Industrial Authority, 
     Oklahoma, the property described in paragraph (2).
       (2) Description.--The property to be conveyed under 
     paragraph (1) is--
       (A) that portion of land at Lake Hugo, Oklahoma, above 
     elevation 445.2 located in the N\1/2\ of the NW\1/4\ of 
     Section 24, R 18 E, T 6 S, and the S\1/2\ of the SW\1/4\ of 
     Section 13, R 18 E, T 6 S bounded to the south by a line 50 
     north on the centerline of Road B of Sawyer Bluff Public Use 
     Area and to the north by the \1/2\ quarter section line 
     forming the south boundary of Wilson Point Public Use Area; 
     and
       (B) a parcel of property at Lake Hugo, Oklahoma, commencing 
     at the NE corner of the SE\1/4\ SW\1/4\ of Section 13, R 18 
     E, T 6 S, 100 feet north, then east approximately \1/2\ mile 
     to the county line road between Section 13, R 18 E, T 6 S, 
     and Section 18, R 19 E, T 6 S.
       (3) Terms and conditions.--The conveyances under this 
     subsection shall be subject to such terms and conditions, 
     including payment of reasonable administrative costs and 
     compliance with applicable Federal floodplain management and 
     flood insurance programs, as the Secretary considers 
     necessary and appropriate to protect the interests of the 
     United States.
       (d) Conveyance of Property in Marshall County, Oklahoma.--
       (1) In general.--The Secretary shall convey to the State of 
     Oklahoma all right, title, and interest of the United States 
     to real property located in Marshall County, Oklahoma, and 
     included in the Lake Texoma (Denison Dam), Oklahoma and 
     Texas, project consisting of approximately 1,580 acres and 
     leased to the State of Oklahoma for public park and 
     recreation purposes.
       (2) Consideration.--Consideration for the conveyance under 
     paragraph (1) shall be the fair market value of the real 
     property, as determined by the Secretary. All costs 
     associated with the conveyance under paragraph (1) shall be 
     paid by the State of Oklahoma.
       (3) Description.--The exact acreage and legal description 
     of the real property to be conveyed under paragraph (1) shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be paid by the State of Oklahoma.
       (4) Environmental compliance.--Before making the conveyance 
     under paragraph (1), the Secretary shall--
       (A) conduct an environmental baseline survey to determine 
     if there are levels of contamination for which the United 
     States would be responsible under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.); and
       (B) ensure that the conveyance complies with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (5) Other terms and conditions.--The conveyance under 
     paragraph (1) shall be subject to such other terms and 
     conditions as the Secretary considers necessary and 
     appropriate to protect the interests of the United States, 
     including reservation by the United States of a flowage 
     easement over all portions of the real property to be 
     conveyed that are at or below elevation 645.0 NGVD.
       (e) Summerfield Cemetery Association, Oklahoma, Land 
     Conveyance.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall transfer to the 
     Summerfield Cemetery Association, Oklahoma, all right, title, 
     and interest of the United State in and to the land described 
     in paragraph (3) for use as a cemetery.
       (2) Reversion.--If the land to be transferred under this 
     subsection ever cease to be used as a not-for-profit cemetery 
     or for other public purposes the land shall revert to the 
     United States.
       (3) Description.--The land to be conveyed under this 
     subsection is the approximately 10 acres of land located in 
     Leflore County, Oklahoma, and described as follows:


                         indian basin meridian

              Section 23, Township 5 North, Range 23 East

       SW SE SW NW
       NW NE NW SW
       N\1/2\ SW SW NW.
       (4) Consideration.--The conveyance under this subsection 
     shall be without consideration. All costs associated with the 
     conveyance shall be paid by the Summerfield Cemetery 
     Association, Oklahoma.
       (5) Other terms and conditions.--The conveyance under this 
     subsection shall be subject to such other terms and 
     conditions as the Secretary considers necessary and 
     appropriate to protect the interests of the United States.
       (f) Dexter, Oregon.--
       (1) In general.--The Secretary shall convey to the Dexter 
     Sanitary District all right, title, and interest of the 
     United States in and to a parcel of land consisting of 
     approximately 5 acres located at Dexter Lake, Oregon, under 
     lease to the Dexter Sanitary District.
       (2) Consideration.--Land to be conveyed under this section 
     shall be conveyed without consideration. If the land is no 
     longer held in public ownership or no longer used for 
     wastewater treatment purposes, title to the land shall revert 
     to the Secretary.
       (3) Terms and conditions.--The conveyance by the United 
     States shall be subject to such terms and conditions as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (4) Description.--The exact acreage and description of the 
     land to be conveyed under paragraph (1) shall be determined 
     by such surveys as the Secretary considers necessary. The 
     cost of the surveys shall be borne by the Dexter Sanitary 
     District.
       (g) Richard B. Russell Dam and Lake, South Carolina.--
       (1) In general.--Upon execution of an agreement under 
     paragraph (4) and subject to the requirements of this 
     subsection, the Secretary shall convey, without 
     consideration, to the State of South Carolina all right, 
     title, and interest of the United States to the lands 
     described in paragraph (2) that are managed, as of the date 
     of enactment of this Act, by the South Carolina Department of 
     Natural Resources for fish and wildlife mitigation purposes 
     in connection with the Richard B. Russell Dam and Lake, South 
     Carolina, project.
       (2) Description.--
       (A) In general.--Subject to subparagraph (B), the lands to 
     be conveyed under paragraph (1) are described in Exhibits A, 
     F, and H of Army Lease Number DACW21-1-93-0910 and associated 
     Supplemental Agreements or are designated in red in Exhibit A 
     of Army License Number DACW21-3-85-1904; except that all 
     designated lands in the license that are below elevation 346 
     feet mean sea level or that are less than 300 feet measured 
     horizontally from the top of the power pool are excluded from 
     the conveyance. Management of the excluded lands shall 
     continue in accordance with the terms of Army License Number 
     DACW21-3-85-1904 until the Secretary and the State enter into 
     an agreement under paragraph (4).
       (B) Survey.--The exact acreage and legal description of the 
     lands to be conveyed under

[[Page 7872]]

     paragraph (1) shall be determined by a survey satisfactory to 
     the Secretary, with the cost of the survey to be paid by the 
     State. The State shall be responsible for all other costs, 
     including real estate transaction and environmental 
     compliance costs, associated with the conveyance.
       (3) Terms and conditions.--
       (A) Management of lands.--All lands that are conveyed under 
     paragraph (1) shall be retained in public ownership and shall 
     be managed in perpetuity for fish and wildlife mitigation 
     purposes in accordance with a plan approved by the Secretary. 
     If the lands are not managed for such purposes in accordance 
     with the plan, title to the lands shall revert to the United 
     States. If the lands revert to the United States under this 
     subparagraph, the Secretary shall manage the lands for such 
     purposes.
       (B) Terms and conditions.--The Secretary may require such 
     additional terms and conditions in connection with the 
     conveyance as the Secretary considers appropriate to protect 
     the interests of the United States.
       (4) Payments.--
       (A) Agreements.--The Secretary is authorized to pay to the 
     State of South Carolina not more than $4,850,000 if the 
     Secretary and the State enter into a binding agreement for 
     the State to manage for fish and wildlife mitigation 
     purposes, in perpetuity, the lands conveyed under this 
     subsection and the lands not covered by the conveyance that 
     are designated in red in Exhibit A of Army License Number 
     DACW21-3-85-1904.
       (B) Terms and conditions.--The agreement shall specify the 
     terms and conditions under which the payment will be made and 
     the rights of, and remedies available to, the Federal 
     Government to recover all or a portion of the payment in the 
     event the State fails to manage the lands in a manner 
     satisfactory to the Secretary.
       (h) Charleston, South Carolina.--The Secretary is 
     authorized to convey the property of the Corps of Engineers 
     known as the ``Equipment and Storage Yard'', located on 
     Meeting Street in Charleston, South Carolina, in as-is 
     condition for fair-market value with all proceeds from the 
     conveyance to be applied by the Corps of Engineers, 
     Charleston District, to offset a portion of the costs of 
     moving or leasing (or both) an office facility in the city of 
     Charleston.
       (i) Clarkston, Washington.--
       (1) In general.--The Secretary shall convey to the Port of 
     Clarkston, Washington, all right, title, and interest of the 
     United States in and to a portion of the land described in 
     Army Lease Number DACW68-1-97-22, consisting of approximately 
     31 acres, the exact boundaries of which shall be determined 
     by the Secretary and the Port of Clarkston.
       (2) Additional land.--The Secretary may convey to the Port 
     of Clarkston, Washington, at fair market value as determined 
     by the Secretary, such additional land located in the 
     vicinity of Clarkston, Washington, as the Secretary 
     determines to be excess to the needs of the Columbia River 
     Project and appropriate for conveyance.
       (3) Terms and conditions.--The conveyances made under 
     paragraphs (1) and (2) shall be subject to such terms and 
     conditions as the Secretary determines to be necessary to 
     protect the interests of the United States, including a 
     requirement that the Port of Clarkston pay all administrative 
     costs associated with the conveyances (including the cost of 
     land surveys and appraisals and costs associated with 
     compliance with applicable environmental laws, including 
     regulations).
       (4) Use of land.--The Port of Clarkston shall be required 
     to pay the fair market value, as determined by the Secretary, 
     of any land conveyed pursuant to paragraph (1) that is not 
     retained in public ownership or is used for other than public 
     park or recreation purposes, except that the Secretary shall 
     have a right of reverter to reclaim possession and title to 
     any such land.
       (j) Land Conveyance to Matewan, West Virginia.--
       (1) In general.--The United States shall convey by quit 
     claim deed to the Town of Matewan, West Virginia, all right, 
     title, and interest of the United States in and to four 
     parcels of land deemed excess by the Secretary of the Army, 
     acting through the Chief of the U.S. Army Corps of Engineers, 
     to the structural project for flood control constructed by 
     the Corps of Engineers along the Tug Fork River pursuant to 
     section 202 of Public Law 96-367.
       (2) Property description.--The parcels of land referred to 
     in paragraph (1) are as follows:
       (A) A certain parcel of land in the State of West Virginia, 
     Mingo County, Town of Matewan, and being more particularly 
     bounded and described as follows:
       Beginning at a point on the southerly right-of-way line of 
     a 40-foot-wide street right-of-way (known as McCoy Alley), 
     having an approximate coordinate value of N228,695, 
     E1,662,397, in the line common to the land designated as 
     U.S.A. Tract No. 834, and the land designated as U.S.A. Tract 
     No. 837, said point being South 51 deg.52' East 81.8 feet 
     from an iron pin and cap marked M-12 on the boundary of the 
     Matewan Area Structural Project, on the north right-of-way 
     line of said street, at a corner common to designated U.S.A. 
     Tracts Nos. 834 and 836; thence, leaving the right-of-way of 
     said street, with the line common to the land of said Tract 
     No. 834, and the land of said Tract No. 837.
       South 14 deg.37' West 46 feet to the corner common to the 
     land of said Tract No. 834, and the land of said Tract No. 
     837; thence, leaving the land of said Tract No. 837, severing 
     the lands of said Project.
       South 14 deg.37' West 46 feet.
       South 68 deg.07' East 239 feet.
       North 26 deg.05' East 95 feet to a point on the southerly 
     right-of-way line of said street; thence, with the right-of-
     way of said street, continuing to sever the lands of said 
     Project.
       South 63 deg.55' East 206 feet; thence, leaving the right-
     of-way of said street, continuing to sever the lands of said 
     Project.
       South 26 deg.16' West 63 feet; thence, with a curve to the 
     left having a radius of 70 feet, a delta of 33 deg.58', an 
     arc length of 41 feet, the chord bearing.
       South 09 deg.17' West 41 feet; thence, leaving said curve, 
     continuing to sever the lands of said Project.
       South 07 deg.42' East 31 feet to a point on the right-of-
     way line of the floodwall; thence, with the right-of-way of 
     said floodwall, continuing to sever the lands of said 
     Project.
       South 77 deg.04' West 71 feet.
       North 77 deg.10' West 46 feet.
       North 67 deg.07' West 254 feet.
       North 67 deg.54' West 507 feet.
       North 57 deg.49' West 66 feet to the intersection of the 
     right-of-way line of said floodwall with the southerly right-
     of-way line of said street; thence, leaving the right-of-way 
     of said floodwall and with the southerly right-of-way of said 
     street, continuing to sever the lands of said Project.
       North 83 deg.01' East 171 feet.
       North 89 deg.42' East 74 feet.
       South 83 deg.39' East 168 feet.
       South 83 deg.38' East 41 feet.
       South 77 deg.26' East 28 feet to the point of beginning, 
     containing 2.59 acres, more or less. The bearings and 
     coordinate used herein are referenced to the West Virginia 
     State Plane Coordinate System, South Zone.
       (B) A certain parcel of land in the State of West Virginia, 
     Mingo County, Town of Matewan, and being more particularly 
     bounded and described as follows:
       Beginning at an iron pin and cap designated Corner No. M2-2 
     on the southerly right-of-way line of the Norfolk and Western 
     Railroad, having an approximate coordinate value of N228,755 
     E1,661,242, and being at the intersection of the right-of-way 
     line of the floodwall with the boundary of the Matewan Area 
     Structural Project; thence, leaving the right-of-way of said 
     floodwall and with said Project boundary, and the southerly 
     right-of-way of said Railroad.
       North 59 deg.45' East 34 feet.
       North 69 deg.50' East 44 feet.
       North 58 deg.11' East 79 feet.
       North 66 deg.13' East 102 feet.
       North 69 deg.43' East 98 feet.
       North 77 deg.39' East 18 feet.
       North 72 deg.39' East 13 feet to a point at the 
     intersection of said Project boundary, and the southerly 
     right-of-way of said Railroad, with the westerly right-of-way 
     line of State Route 49/10; thence, leaving said Project 
     boundary, and the southerly right-of-way of said Railroad, 
     and with the westerly right-of-way of said road.
       South 03 deg.21' East 100 feet to a point at the 
     intersection of the westerly right-of-way of said road with 
     the right-of-way of said floodwall; thence, leaving the 
     right-of-way of said road, and with the right-of-way line of 
     said floodwall.
       South 79 deg.30' West 69 feet.
       South 78 deg.28' West 222 feet.
       South 80 deg.11' West 65 feet.
       North 38 deg.40' West 14 feet to the point of beginning, 
     containing 0.53 acre, more or less. The bearings and 
     coordinate used herein are referenced to the West Virginia 
     State Plane Coordinate System, South Zone.
       (C) A certain parcel of land in the State of West Virginia, 
     Mingo County, Town of Matewan, and being more particularly 
     bounded and described as follows:
       Beginning at a point on the southerly right-of-way line of 
     the Norfolk and Western Railroad, having an approximate 
     coordinate value of N228,936 E1,661,672, and being at the 
     intersection of the easterly right-of-way line of State Route 
     49/10 with the boundary of the Matewan Area Structural 
     Project; thence, leaving the right-of-way of said road, and 
     with said Project boundary, and the southerly right-of-way of 
     said Railroad.
       North 77 deg.49' East 89 feet to an iron pin and cap 
     designated as U.S.A. Corner No. M-4.
       North 79 deg.30' East 74 feet to an iron pin and cap 
     designated as U.S.A. Corner No. M-5-1; thence, leaving the 
     southerly right-of-way of said Railroad, and continuing with 
     the boundary of said Project.
       South 06 deg.33' East 102 to an iron pipe and cap 
     designated U.S.A. Corner No. M-6-1 on the northerly right-of-
     way line of State Route 49/28; thence, leaving the boundary 
     of said Project, and with the right-of-way of said road, 
     severing the lands of said Project.
       North 80 deg.59' West 171 feet to a point at the 
     intersection of the Northerly right-of-way line of said State 
     Route 49/28 with the easterly right-of-way line of said State 
     Route 49/10; thence, leaving the right-of-way of said State 
     Route 49/28 and with the right-of-way of said State Route 49/
     10.
       North 03 deg.21' West 42 feet to the point of beginning, 
     containing 0.27 acre, more or less. The bearings and 
     coordinate used herein are referenced to the West Virginia 
     State Plane Coordinate System, South Zone.
       (D) A certain parcel of land in the State of West Virginia, 
     Mingo County, Town of Matewan, and being more particularly 
     bounded and described as follows:
       Beginning at a point at the intersection of the easterly 
     right-of-way line of State Route 49/10 with the right-of-way 
     line of the floodwall, having an approximate coordinate value 
     of N228,826 E1,661,679; thence, leaving the right-of-way of

[[Page 7873]]

     said floodwall, and with the right-of-way of said State Route 
     49/10.
       North 03 deg.21' West 23 feet to a point at the 
     intersection of the easterly right-of-way line of said State 
     Route 49/10 with the southerly right-of-way line of State 
     Route 49/28; thence, leaving the right-of-way of said State 
     Route 49/10 and with the right-of-way of said State Route 49/
     28.
       South 80 deg.59' East 168 feet.
       North 82 deg.28' East 45 feet to an iron pin and cap 
     designated as U.S.A. Corner No. M-8-1 on the boundary of the 
     Western Area Structural Project; thence, leaving the right-
     of-way of said State Route 49/28, and with said Project 
     boundary.
       South 08 deg.28' East 88 feet to an iron pin and cap 
     designated as U.S.A. Corner No. M-9-1 point on the northerly 
     right-of-way line of a street (known as McCoy Alley); thence, 
     leaving said Project boundary and with the northerly right-
     of-way of said street.
       South 83 deg.01' West 38 feet to a point on the right-of-
     way line of said floodwall; thence, leaving the right-of-way 
     of said street, and with the right-of-way of said floodwall.
       North 57 deg.49' West 180 feet.
       South 79 deg.30' West 34 feet to a point of beginning, 
     containing 0.24 acre, more or less. The bearings and 
     coordinate used herein are referenced to the West Virginia 
     State Plane Coordinate System, South Zone.

     SEC. 578. NAMINGS.

       (a) Francis Bland Floodway Ditch, Arkansas.--
       (1) Designation.--8-Mile Creek in Paragould, Arkansas, 
     shall be known and designated as the ``Francis Bland Floodway 
     Ditch''.
       (2) Legal reference.--Any reference in a law, map, 
     regulation, document, paper, or other record of the United 
     States to the creek referred to in paragraph (1) shall be 
     deemed to be a reference to the ``Francis Bland Floodway 
     Ditch''.
       (b) Lawrence Blackwell Memorial Bridge, Arkansas.--
       (1) Designation.--The bridge over lock and dam numbered 4 
     on the Arkansas River, Arkansas, constructed as part of the 
     project for navigation on the Arkansas River and tributaries, 
     shall be known and designated as the ``Lawrence Blackwell 
     Memorial Bridge''.
       (2) Legal reference.--Any reference in a law, map, 
     regulation, document, paper, or other record of the United 
     States to the bridge referred to in paragraph (1) shall be 
     deemed to be a reference to the ``Lawrence Blackwell Memorial 
     Bridge''.

     SEC. 579. FOLSOM DAM AND RESERVOIR ADDITIONAL STORAGE AND 
                   ADDITIONAL FLOOD CONTROL STUDIES.

       (a) Folsom Flood Control Studies.--
       (1) In general.--The Secretary, in consultation with the 
     State of California and local water resources agencies, shall 
     undertake a study of increasing surcharge flood control 
     storage at the Folsom Dam and Reservoir.
       (2) Limitations.--The study of the Folsom Dam and Reservoir 
     undertaken under paragraph (1) shall assume that there is to 
     be no increase in conservation storage at the Folsom 
     Reservoir.
       (3) Report.--Not later than March 1, 2000, the Secretary 
     shall transmit to Congress a report on the results of the 
     study under this subsection.
       (b) American and Sacramento Rivers Flood Control Study.--
       (1) In general.--The Secretary shall undertake a study of 
     all levees on the American River and on the Sacramento River 
     downstream and immediately upstream of the confluence of such 
     Rivers to access opportunities to increase potential flood 
     protection through levee modifications.
       (2) Deadline for completion.--Not later than March 1, 2000, 
     the Secretary shall transmit to Congress a report on the 
     results of the study undertaken under this subsection.

     SEC. 580. WALLOPS ISLAND, VIRGINIA.

       (a) Emergency Action.--The Secretary shall take emergency 
     action to protect Wallops Island, Virginia, from damaging 
     coastal storms, by improving and extending the existing 
     seawall, replenishing and renourishing the beach, and 
     constructing protective dunes.
       (b) Reimbursement.--The Secretary shall seek reimbursement 
     from other Federal agencies whose resources are protected by 
     the emergency action taken under subsection (a).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $8,000,000.

     SEC. 581. DETROIT RIVER, DETROIT, MICHIGAN.

       (a) In General.--The Secretary is authorized to repair and 
     rehabilitate the seawalls on the Detroit River in Detroit, 
     Michigan.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal years beginning after September 
     30, 1999, $1,000,000 to carry out this section.

  The CHAIRMAN. No amendment shall be in order except those printed in 
part 2 of that report. Each amendment may be offered only in the order 
specified, may be offered only by a Member designated in the report, 
shall be considered read, debatable for the time specified in the 
report, equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject 
to a demand for division of the question.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  It is now in order to consider amendment No. 1 printed in part 2 of 
House Report 106-120.


                 Amendment No. 1 Offered by Mr. Shuster

  Mr. SHUSTER. Madam Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 printed in part 2 of House Report 106-120 
     offered by Mr. Shuster:
       In section 101(a)(6) of the bill, strike ``at a total cost 
     of'' and all that follows and insert the following:

     at a total cost of $140,328,000, with an estimated Federal 
     cost of $70,164,000 and an estimated non-Federal cost of 
     $70,164,000.
       In section 101(a)(8) of the bill, strike all after 
     ``$3,375,000'' and insert a period.
       In section 101(a)(9) of the bill, strike all after 
     ``$2,675,000'' and insert a period.
       In section 101(a)(10) of the bill, strike all after 
     ``$773,000'' and insert a period.
       In section 101(a)(18) of the bill, strike all after 
     ``$3,834,000'' and insert a period.
       In section 101(a)(19) of the bill, strike all after 
     ``$19,776,000'' and insert a period.
       In section 101(a) of the bill, after paragraph (4) insert 
     the following:
       (5) Oakland harbor, california.--The project for 
     navigation, Oakland Harbor, California: Report of the Chief 
     of Engineers dated April 21, 1999, at a total cost of 
     $252,290,000, with an estimated Federal cost of $128,081,000 
     and an estimated non-Federal cost of $124,209,000.
       In section 101(a) of the bill, after paragraph (10) insert 
     the following:
       (11) Delaware bay coastline, delaware and new jersey-villas 
     and vicinity, new jersey.--The project for shore protection 
     and ecosystem restoration, Delaware Bay coastline, Delaware 
     and New Jersey-Villas and vicinity, New Jersey: Report of the 
     Chief of Engineers dated April 21, 1999, at a total cost of 
     $7,520,000, with an estimated Federal cost of $4,888,000 and 
     an estimated non-Federal cost of $2,632,000.
       (12) Delaware coast from cape henelopen to fenwick island, 
     bethany beach/south bethany beach, delaware.--The project for 
     hurricane and storm damage reduction, Delaware Coast from 
     Cape Henelopen to Fenwick Island, Bethany Beach/South Bethany 
     Beach, Delaware: Report of the Chief of Engineers dated April 
     21, 1999, at a total cost of $22,205,000, with an estimated 
     Federal cost of $14,433,000 and an estimated non-Federal cost 
     of $7,772,000.
       In section 101(a) of the bill, insert after paragraph (17) 
     the following (and redesignate paragraphs accordingly):
       (18) Turkey creek basin, kansas city, missouri, and kansas 
     city, kansas.--The project for flood damage reduction, Turkey 
     Creek Basin, Kansas City, Missouri, and Kansas City, Kansas: 
     Report of the Chief of Engineers dated April 21, 1999, at a 
     total cost of $42,875,000, with an estimated Federal cost of 
     $25,596,000 and an estimated non-Federal cost of $17,279,000.
       In section 101(b)(7) of the bill, strike all after 
     ``$7,772,000'' and insert a period.
       In section 101(b)(12) of the bill, strike all after 
     ``$1,740,000'' and insert a period.
       In section 101(b) of the bill, strike paragraph (4) and 
     insert the following:
       (4) Delaware bay coastline, delaware and new jersey: 
     oakwood beach, new jersey.--The project for shore protection, 
     Delaware Bay Coastline, Delaware and New Jersey: Oakwood 
     Beach, New Jersey, at a total cost of $3,360,000, with an 
     estimated Federal cost of $2,184,000 and an estimated non-
     Federal cost of $1,176,000.
       In section 101(b) of the bill, strike paragraphs (6) and 
     (7) and redesignate accordingly.
       At the end of section 104 of the bill, insert the 
     following:
       (18) Fairport harbor, ohio.--Project for navigation, 
     Fairport Harbor, Ohio, including a recreation channel.
       At the end of title II of the bill, insert the following:

     SEC. 229. WETLANDS MITIGATION.

       In carrying out a water resources project that involves 
     wetlands mitigation and that has an impact that occurs within 
     the service area of a mitigation bank, the Secretary, to the 
     maximum extent practicable and where appropriate, shall give 
     preference to the use of the mitigation bank if the bank 
     contains sufficient available credits to offset the impact 
     and the bank is approved in accordance with the Federal 
     Guidance for the Establishment, Use and Operation of 
     Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or 
     other applicable Federal law (including regulations).
       Conform the table of contents of the bill accordingly.
       In section 304 of the bill, insert ``River'' after ``St. 
     Francis''.
       In section 310 of the bill--
       (1) insert ``, Potomac River, Washington, District of 
     Columbia,'' after ``for flood control'';

[[Page 7874]]

       (2) strike ``as'' and insert ``and''; and
       (3) strike ``$5,965,000'' and insert ``$6,129,000''.
       In section 326 of the bill, strike ``cannal'' and insert 
     ``Canal''.
       In section 351 of the bill--
       (1) insert ``(a) Authorization of Appropriations.--'' 
     before ``Section''; and
       (2) add at the end the following:
       (b) Corps of Engineers Expenses.--Section 313(g) of such 
     Act (106 Stat. 4846) is amended by adding at the end the 
     following:
       ``(4) Corps of engineers expenses.--10 percent of the 
     amounts appropriated to carry out this section for each of 
     fiscal years 2000 through 2002 may be used by the Corps of 
     Engineers district offices to administer and implement 
     projects under this section at 100 percent Federal 
     expense.''.
       Strike section 354 of the bill and insert the following:

     SEC. 354. CLEAR CREEK, TEXAS.

       Section 575 of the Water Resources Development Act of 1996 
     (110 Stat. 3789) is amended--
       (1) in subsection (a)--
       (A) by inserting ``or nonstructural (buyout) actions'' 
     after ``flood control works constructed''; and
       (B) by inserting ``or nonstructural (buyout) actions'' 
     after ``construction of the project''; and
       (2) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) the project for flood control, Clear Creek, Texas, 
     authorized by section 203 of the Flood Control Act of 1968 
     (82 Stat. 742).''.
       In section 356 of the bill, strike ``modified--'' and all 
     that follows and insert the following:

     modified to add environmental restoration and recreation as 
     project purposes.
       In section 363(d) of the bill, strike ``(1) In general.--
     ''.
       In section 363(d) of the bill, strike paragraph (2).
       In section 364(a) of the bill, after paragraph (5) insert 
     the following (and redesignate paragraph (6) as paragraph 
     (7)):
       (6) Carvers harbor, vinalhaven, maine.--That portion of the 
     project for navigation, Carvers Harbor, Vinalhaven, Maine, 
     authorized by the Act of June 3, 1896 (commonly known as the 
     ``River and Harbor Appropriations Act of 1896'') (29 Stat. 
     202, chapter 314), consisting of the 16-foot anchorage 
     beginning at a point with coordinates N137,502.04, 
     E895,156.83, thence running south 6 degrees 34 minutes 57.6 
     seconds west 277.660 feet to a point N137,226.21, 
     E895,125.00, thence running north 53 degrees, 5 minutes 42.4 
     seconds west 127.746 feet to a point N137,302.92, E895022.85, 
     thence running north 33 degrees 56 minutes 9.8 seconds east 
     239.999 feet to the point of origin.
       In section 364(a) of the bill, after paragraph (7), (as so 
     redesignated) insert the following (redesignate subsequent 
     paragraphs accordingly):
       (8) Searsport harbor, searsport, maine.--That portion of 
     the project for navigation, Searsport Harbor, Searsport, 
     Maine, authorized by section 101 of the River and Harbor Act 
     of 1962 (76 Stat. 1173), consisting of the 35-foot turning 
     basin beginning at a point with coordinates N225,008.38, 
     E395,464.26, thence running north 43 degrees 49 minutes 53.4 
     seconds east 362.001 feet to a point N225,269.52, 
     E395,714.96, thence running south 71 degrees 27 minutes 33.0 
     seconds east 1,309.201 feet to a point N224,853.22, 
     E396,956.21, thence running north 84 degrees 3 minutes 45.7 
     seconds west 1,499.997 feet to the point of origin.
       In section 364(c) of the bill--
       (1) strike ``(a)(7)'' each place it appears and insert 
     ``(a)(9)'';
       (2) strike ``project for navigation,'' each place it 
     appears; and
       (3) add at the end the following:
       (5) Additional actions.--In carrying out the operation and 
     the maintenance of the Wells Harbor, Maine, navigation 
     project referred to in subsection (a)(9), the Secretary shall 
     undertake each of the actions of the Corps of Engineers 
     specified in section IV(B) of the memorandum of agreement 
     relating to the project dated January 20, 1998, including 
     those actions specified in such section IV(B) that the 
     parties agreed to ask the Corps of Engineers to undertake.
       In section 364(d) of the bill, strike ``(a)(9)'' and insert 
     ``(a)(11)''.
       At the end of title III of the bill, add the following (and 
     conform the table of contents of the bill accordingly):

     SEC. 367. SOUTHERN WEST VIRGINIA PILOT PROGRAM.

       Section 340(g) of the Water Resources Development Act of 
     1992 (106 Stat. 4856) is amended to read as follows:
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the pilot program under this 
     section $40,000,000 for fiscal years beginning after 
     September 30, 1992. Such sums shall remain available until 
     expended.''.

     SEC. 368. BLACK WARRIOR AND TOMBIGBEE RIVERS, JACKSON, 
                   ALABAMA.

       The project for navigation, Black Warrior and Tombigbee 
     Rivers, vicinity of Jackson, Alabama, as authorized by 
     section 106 of the Energy and Water Development 
     Appropriations Act, 1987 (100 Stat. 3341-199), is modified to 
     authorize the Secretary to acquire lands for mitigation of 
     the habitat losses attributable to the project, including the 
     navigation channel, dredged material disposal areas, and 
     other areas directly impacted by construction of the project. 
     Notwithstanding section 906 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2283), the Secretary may 
     construct the project prior to acquisition of the mitigation 
     lands if the Secretary takes such actions as may be necessary 
     to ensure that any required mitigation lands will be acquired 
     not later than 2 years after initiation of construction of 
     the new channel and such acquisition will fully mitigate any 
     adverse environmental impacts resulting from the project.

     SEC. 369. TROPICANA WASH AND FLAMINGO WASH, NEVADA.

       Any Federal costs associated with the Tropicana and 
     Flamingo Washes, Nevada, authorized by section 101(13) of the 
     Water Resources Development Act of 1992 (106 Stat. 4803), 
     incurred by the non-Federal interest to accelerate or modify 
     construction of the project, in cooperation with the Corps of 
     Engineers, shall be considered to be eligible for 
     reimbursement by the Secretary.

     SEC. 370. COMITE RIVER, LOUISIANA.

       The Comite River Diversion Project for flood control, 
     authorized as part of the project for flood control, Amite 
     River and Tributaries, Louisiana, by section 101(11) of the 
     Water Resources Development Act of 1992 (106 Stat. 4802-4803) 
     and modified by section 301(b)(5) of the Water Resources 
     Development Act of 1996 (110 Stat. 3709-3710), is further 
     modified to authorize the Secretary to include the costs of 
     highway relocations to be cost shared as a project 
     construction feature if the Secretary determines that such 
     treatment of costs is necessary to facilitate construction of 
     the project.

     SEC. 371. ST. MARY'S RIVER, MICHIGAN.

       The project for navigation, St. Mary's River, Michigan, is 
     modified to direct the Secretary to provide an additional 
     foot of overdraft between Point Louise Turn and the Locks and 
     Sault Saint Marie, Michigan, consistent with the channels 
     upstream of Point Louise Turn. The modification shall be 
     carried out as operation and maintenance to improve 
     navigation safety.
       At the end of section 408 of the bill, add the following:
       (c) Consultation and Use of Existing Data.--The Secretary 
     shall consult with appropriate State and Federal agencies and 
     shall make maximum use of existing data and ongoing programs 
     and efforts of States and Federal agencies in conducting the 
     study.
       In section 425(a) of the bill, strike ``Such study'' and 
     all that follows.
       In section 425(c) of the bill, strike ``$1,400,000'' and 
     insert ``$1,000,000''.
       At the end of title IV of the bill, insert the following 
     (and conform the table of contents of the bill accordingly):

     SEC. 428. DEL NORTE COUNTY, CALIFORNIA.

       The Secretary shall undertake and complete a feasibility 
     study for designating a permanent disposal site for dredged 
     materials from Federal navigation projects in Del Norte 
     County, California.

     SEC. 429. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

       (a) Plan.--The Secretary, in coordination with State and 
     local governments and appropriate Federal and provincial 
     authorities of Canada, shall develop a comprehensive 
     management plan for St. Clair River and Lake St. Clair. Such 
     plan shall include the following elements:
       (1) The causes and sources of environmental degradation.
       (2) Continuous monitoring of organic, biological, metallic, 
     and chemical contamination levels.
       (3) Timely dissemination of information of such 
     contamination levels to public authorities, other interested 
     parties, and the public.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report that includes the plan developed under 
     subsection (a), together with recommendations of potential 
     restoration measures.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $400,000.

     SEC. 430. CUMBERLAND COUNTY, TENNESSEE.

       The Secretary shall conduct a study to determine the 
     feasibility of improvements to regional water supplies for 
     Cumberland County, Tennessee.
       In the matter proposed to be inserted in section 219(e) of 
     the Water Resources Development Act of 1992 by section 502 of 
     the bill, strike ``and'' at the end of paragraph (7) and all 
     that follows through paragraph (8) and insert the following:
       ``(8) $30,000,000 for the project described in subsection 
     (c)(17);
       ``(9) $20,000,000 for the project described in subsection 
     (c)(19);
       ``(10) $15,000,000 for the project described in subsection 
     (c)(20);
       ``(11) $11,000,000 for the project described in subsection 
     (c)(21);
       ``(12) $2,000,000 for the project described in subsection 
     (c)(22);
       ``(13) $3,000,000 for the project described in subsection 
     (c)(23);

[[Page 7875]]

       ``(14) $1,500,000 for the project described in subsection 
     (c)(24);
       ``(15) $2,000,000 for the project described in subsection 
     (c)(25);
       ``(16) $8,000,000 for the project described in subsection 
     (c)(26);
       ``(17) $8,000,000 for the project described in subsection 
     (c)(27), of which $3,000,000 shall be available only for 
     providing assistance for the Montoursville Regional Sewer 
     Authority, Lycoming County;
       ``(18) $10,000,000 for the project described in subsection 
     (c)(28); and
       ``(19) $1,000,000 for the project described in subsection 
     (c)(29).''.
       At the end of section 517 of the bill, insert the 
     following:
       (c) Nashua, New Hampshire.--Section 219(c) of such Act is 
     amended by adding at the end the following:
       ``(19) Nashua, new hampshire.--A sewer and drainage system 
     separation and rehabiliation program for Nashua, New 
     Hampshire.''.
       (d) Fall River and New Bedford, Massachusetts.--Section 
     219(c) of such Act is further amended by adding at the end 
     the following:
       ``(20) Fall river and new bedford, massachusetts.--
     Elimination or control of combined sewer overflows in the 
     cities of Fall River and New Bedford, Massachusetts.''.
       (e) Additional Project Descriptions.--Section 219(c) of 
     such Act is further amended by adding at the end the 
     following:
       ``(21) Findlay township, pennsylvania.--Water and sewer 
     lines in Findlay Township, Allegheny County, Pennsylvania.
       ``(22) Dillsburg borough authority, pennsylvania.--Water 
     and sewer systems in Franklin Township, York County, 
     Pennsylvania.
       ``(23) Hampton township, pennsylvania.--Water, sewer, and 
     stormsewer improvements in Hampton Township, Cumberland 
     County, Pennsylvania.
       ``(24) Towamencin township, pennsylvania.--Sanitary sewer 
     and water lines in Towamencin Township, Montgomery County, 
     Pennsylvania.
       ``(25) Dauphin county, pennsylvania.--Combined sewer and 
     water system rehabilitation for the City of Harrisburg, 
     Dauphin County, Pennsylvania.
       ``(26) Lee, norton, wise, and scott counties, virginia.--
     Water supply and wastewater treatment in Lee, Norton, Wise, 
     and Scott Counties, Virginia.
       ``(27) Northeast pennsylvania.--Water-related 
     infrastructure in Lackawanna, Lycoming, Susquehanna, Wyoming, 
     Pike, and Monroe Counties, Pennsylvania, including assistance 
     for the Montoursville Regional Sewer Authority, Lycoming 
     County.
       ``(28) Calumet region, indiana.--Water-related 
     infrastructure in Lake and Porter Counties, Indiana.
       ``(29) Clinton county, pennsylvania.--Water-related 
     infrastructure in Clinton County, Pennsylvania.''.
       At the end of section 518 of the bill, insert the 
     following:
       (4) Columbia Slough, Portland, Oregon, project for 
     ecosystem restoration.
       (5) Ohio River Greenway, Indiana, project for environmental 
     restoration and recreation.
       In section 523(b) of the bill, strike ``the Secretary 
     shall'' and insert ``the Secretary may''.
       After section 573 of the bill, insert the following:

     SEC. 574. WEST BATON ROUGE PARISH, LOUISIANA.

       The Secretary shall expedite completion of the report for 
     the West Baton Rouge Parish, Louisiana, project for 
     waterfront and riverine preservation, restoration, and 
     enhancement modifications along the Mississippi River.
       Conform the table of contents of the bill accordingly.
       At the end of section 578 of the bill, add the following:
       (k) Merrisach Lake, Arkansas County, Arkansas.--
       (1) Land conveyance.--Notwithstanding any other provision 
     of law, the Secretary shall convey to eligible private 
     property owners at fair market value, as determined by the 
     Secretary, all right, title, and interest of the United 
     States in and to certain lands acquired for Navigation Pool 
     No. 2, McClellan-Kerr Arkansas River Navigation System, 
     Merrisach Lake Project, Arkansas County, Arkansas.
       (2) Property description.--The lands to be conveyed under 
     paragraph (1) include those lands lying between elevation 
     163, National Geodetic Vertical Datum of 1929, and the 
     Federal Government boundary line for Tract Numbers 102, 129, 
     132-1, 132-2, 132-3, 134, 135, 136-1, 136-2, 138, 139, 140, 
     141, 142, 143, 144, and 145, located in sections 18, 19, 29, 
     30, 31, and 32, Township 7 South, Range 2 West, and the SE\1/
     4\ of Section 36, Township 7 South, Range 3 West, Fifth 
     Principal Meridian, with the exception of any land designated 
     for public park purposes.
       (3) Terms and conditions.--Any lands conveyed under 
     paragraph (1) shall be subject to--
       (A) a perpetual flowage easement prohibiting human 
     habitation and restricting construction activities;
       (B) the reservation of timber rights by the United States; 
     and
       (C) such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (4) Eligible property owner defined.--In this subsection, 
     the term ``eligible private property owner'' means the owner 
     of record of land contiguous to lands owned by the United 
     States in connection with the project referred to in 
     paragraph (1).
       In section 583(b) of the bill, strike ``The Secretary 
     shall'' and insert ``The Secretary may''.
       At the end of title V of the bill, add the following (and 
     conform the table of contents of the bill accordingly):

     SEC. 585. NORTHEASTERN MINNESOTA.

       (a) Establishment of Program.--The Secretary may establish 
     a pilot program for providing environmental assistance to 
     non-Federal interests in northeastern Minnesota.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in northeastern 
     Minnesota, including projects for wastewater treatment and 
     related facilities, water supply and related facilities, 
     environmental restoration, and surface water resource 
     protection and development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection shall be 75 percent. The Federal share may be in 
     the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest prior to entering into 
     a local cooperation agreement with the Secretary for a 
     project. The credit for the design work shall not exceed 6 
     percent of the total construction costs of the project.
       (C) Credit for interest.--In the event of a delay in the 
     funding of the non-Federal share of a project that is the 
     subject of an agreement under this section, the non-Federal 
     interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of a project's 
     cost.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward its share of 
     project costs (including all reasonable costs associated 
     with obtaining permits necessary for the construction, 
     operation, and maintenance of the project on publicly 
     owned or controlled land), but not to exceed 25 percent of 
     total project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section shall be construed as waiving, limiting, or 
     otherwise affecting the applicability of any provision of 
     Federal or State law that would otherwise apply to a project 
     to be carried out with assistance provided under this 
     section.
       (f) Report.--Not later than December 31, 2001, the 
     Secretary shall transmit to Congress a report on the results 
     of the pilot program carried out under this section, together 
     with recommendations concerning whether or not such program 
     should be implemented on a national basis.
       (g) Northeastern Minnesota Defined.--In this section, the 
     term ``northeastern Minnesota'' means the counties of Cook, 
     Lake, St. Louis, Koochiching, Itasca, Cass, Crow Wing, 
     Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, Benton, 
     Sherburne, Isanti, and Chisago, Minnesota.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $40,000,000 for 
     fiscal years beginning after September 30, 1999. Such sums 
     shall remain available until expended.

     SEC. 586. ALASKA.

       (a) Establishment of Program.--The Secretary may establish 
     a pilot program for providing environmental assistance to 
     non-Federal interests in Alaska.

[[Page 7876]]

       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in Alaska, including 
     projects for wastewater treatment and related facilities, 
     water supply and related facilities, and surface water 
     resource protection and development.
       (c) Ownership Requirements.--The Secretary may provide 
     assistance for a project under this section only if the 
     project is publicly owned or is owned by a native corporation 
     as defined by section 1602 of title 43, United States Code.
       (d) Local Cooperation Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the project costs 
     under each local cooperation agreement entered into under 
     this subsection shall be 75 percent. The Federal share may be 
     in the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest prior to entering into 
     a local cooperation agreement with the Secretary for a 
     project. The credit for the design work shall not exceed 6 
     percent of the total construction costs of the project.
       (C) Credit for interest.--In the event of a delay in the 
     funding of the non-Federal share of a project that is the 
     subject of an agreement under this section, the non-Federal 
     interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of a project's 
     cost.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward its share of project 
     costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section shall be construed as waiving, limiting, or 
     otherwise affecting the applicability of any provision of 
     Federal or State law that would otherwise apply to a project 
     to be carried out with assistance provided under this 
     section.
       (f) Report.--Not later than December 31, 2001, the 
     Secretary shall transmit to Congress a report on the results 
     of the pilot program carried out under this section, together 
     with recommendations concerning whether or not such program 
     should be implemented on a national basis.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     fiscal years beginning after September 30, 1999. Such sums 
     shall remain available until expended.

     SEC. 587. CENTRAL WEST VIRGINIA.

       (a) Establishment of Program.--The Secretary may establish 
     a pilot program for providing environmental assistance to 
     non-Federal interests in central West Virginia.
       (b) Form of Assistance.--Assistance under this section may 
     be in the form of design and construction assistance for 
     water-related environmental infrastructure and resource 
     protection and development projects in central West Virginia, 
     including projects for wastewater treatment and related 
     facilities, water supply and related facilities, and surface 
     water resource protection and development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Local Cooperation Agreements.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the project costs 
     under each local cooperation agreement entered into under 
     this subsection shall be 75 percent. The Federal share may be 
     in the form of grants or reimbursements of project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest prior to entering into 
     a local cooperation agreement with the Secretary for a 
     project. The credit for the design work shall not exceed 6 
     percent of the total construction costs of the project.
       (C) Credit for interest.--In the event of a delay in the 
     funding of the non-Federal share of a project that is the 
     subject of an agreement under this section, the non-Federal 
     interest shall receive credit for reasonable interest 
     incurred in providing the non-Federal share of a project's 
     cost.
       (D) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward its share of project 
     costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of total 
     project costs.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section shall be construed as waiving, limiting, or 
     otherwise affecting the applicability of any provision of 
     Federal or State law that would otherwise apply to a project 
     to be carried out with assistance provided under this 
     section.
       (f) Report.--Not later than December 31, 2001, the 
     Secretary shall transmit to Congress a report on the results 
     of the pilot program carried out under this section, together 
     with recommendations concerning whether or not such program 
     should be implemented on a national basis.
       (g) Central West Virginia Defined.--In this section, the 
     term ``central West Virginia'' means the counties of Mason, 
     Jackson, Putnam, Kanawha, Roane, Wirt, Calhoun, Clay, 
     Nicholas, Braxton, Gilmer, Lewis, Upshur, Randolph, 
     Pendleton, Hardy, Hampshire, Morgan, Berkeley, and Jefferson, 
     West Virginia.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     fiscal years beginning after September 30, 1999. Such sums 
     shall remain available until expended.

     SEC. 588. SACRAMENTO METROPOLITAN AREA WATERSHED RESTORATION, 
                   CALIFORNIA.

       (a) In General.--The Secretary is authorized to undertake 
     environmental restoration activities included in the 
     Sacramento Metropolitan Water Authority's ``Watershed 
     Management Plan''. These activities shall be limited to 
     cleanup of contaminated groundwater resulting directly from 
     the acts of any Federal agency or Department of the Federal 
     government at or in the vicinity of McClellan Air Force Base, 
     California; Mather Air Force Base, California; Sacramento 
     Army Depot, California; or any location within the watershed 
     where the Federal government would be a responsible party 
     under any Federal environmental law.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     fiscal years beginning after September 30, 1999.

     SEC. 589. ONONDAGA LAKE.

       (a) In General.--The Secretary is authorized to plan, 
     design, and construct projects for the environmental 
     restoration, conservation, and management of Onondaga Lake, 
     New York, and to provide, in coordination with the 
     Administrator of the Environmental Protection Agency, 
     financial assistance to the State of New York and political 
     subdivisions thereof for the development and implementation 
     of projects to restore, conserve, and manage Onondaga Lake.
       (b) Partnership.--In carrying out this section, the 
     Secretary shall establish a partnership with appropriate 
     Federal agencies (including the Environmental Protection 
     Agency) and the State of New York and political subdivisions 
     thereof for the purpose of project development and 
     implementation. Such partnership shall be dissolved not later 
     than 15 years after the date of enactment of this Act.
       (c) Cost Sharing.--The non-Federal share of the cost of a 
     project constructed under subsection (a) shall be not less 
     than 30 percent of the total cost of the project and may be 
     provided through in-kind services.
       (d) Effect on Liability.--Financial assistance provided 
     under this section shall not relieve from liability any 
     person who would otherwise be liable under Federal or State 
     law for damages, response costs, natural resource damages, 
     restitution, equitable relief, or any other relief.

[[Page 7877]]

       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 to carry out the purposes of 
     this section.

     SEC. 590. EAST LYNN LAKE, WEST VIRGINIA.

       The Secretary shall defer any decision relating to the 
     leasing of mineral resources underlying East Lynn Lake, West 
     Virginia, project lands to the Federal entity vested with 
     such leasing authority.

     SEC. 591. EEL RIVER, CALIFORNIA.

       The Secretary shall conduct a study to determine if 
     flooding in the city of Ferndale, California, is the result 
     of a Federal flood control project on the Eel River. If the 
     Secretary determines that the flooding is the result of the 
     project, the Secretary shall take appropriate measures 
     (including dredging of the Salt River and construction of 
     sediment ponds at the confluence of Francis, Reas, and 
     Williams Creeks) to mitigate the flooding.

     SEC. 592. NORTH LITTLE ROCK, ARKANSAS.

       (a) In General.--The Secretary shall review a report 
     prepared by the non-Federal interest concerning flood 
     protection for the Dark Hollow area of North Little Rock, 
     Arkansas. If the Secretary determines that the report meets 
     the evaluation and design standards of the Corps of Engineers 
     and that the project is economically justified, technically 
     sound, and environmentally acceptable, the Secretary shall 
     carry out the project.
       (b) Treatment of Design and Plan Preparation Costs.--The 
     costs of design and preparation of plans and specifications 
     shall be included as project costs and paid during 
     construction.

     SEC. 593. UPPER MISSISSIPPI RIVER, MISSISSIPPI PLACE, ST. 
                   PAUL, MINNESOTA.

       (a) In General.--The Secretary may enter into a cooperative 
     agreement to participate in a project for the planning, 
     design, and construction of infrastructure and other 
     improvements at Mississippi Place, St. Paul, Minnesota.
       (b) Cost Sharing.--
       (1) In general.--The Federal share of the cost of the 
     project shall be 50 percent. The Federal share may be 
     provided in the form of grants or reimbursements of project 
     costs.
       (2) Credit for non-federal work.--The non-Federal interest 
     shall receive credit toward the non-Federal share of the cost 
     of the project for reasonable costs incurred by the non-
     Federal interests as a result of participation in the 
     planning, design, and construction of the project.
       (3) Land, easements, and rights-of-way credit.--The non-
     Federal interest shall receive credit toward the non-Federal 
     share of the cost of the project for land, easements, rights-
     of-way, and relocations provided by the non-Federal interest 
     with respect to the project.
       (4) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for the project shall be 100 
     percent.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $3,000,000 to carry out this section.


         Modification of Amendment No. 1 Offered by Mr. Shuster

  Mr. SHUSTER. Madam Chairman, I ask unanimous consent that the 
manager's amendment be modified with the modification I have placed at 
the desk. My modification would correct a technical mistake in the 
amendment.
  The CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification of amendment No. 1 printed in part 2 of House 
     Report 106-120 offered by Mr. Shuster:
       On page 1, after line 3, strike the next five sentences.
       On page 2, line 22, strike the period and add at the end 
     ``, and at an estimated average annual cost of $1,584,000 for 
     periodic nourishment over the 50-year life of the project, 
     with an estimated annual Federal cost of $1,030,000 and an 
     estimated annual non-Federal cost of $554,000.''
       On page 3, after line 8, strike the next two sentences.
       On page 5, after ``$6,129,000''.'' and before the next 
     sentence, insert the following:
       ``In section 314 of the bill, strike ``(Amelia fIsland)'' 
     and insert ``(Amelia Island)''.
       On page 7, strike the first two sentences.
       On page 32, after line 14, insert the following:
       (f) Repeal.--Section 401 of the Great Lakes Critical 
     Programs Act of 1990 (104 Stat 3010) and section 411 of the 
     Water Resources Development Act of 1990 (104 Stat 4648) are 
     repealed as of the date of the enactment of this Act.
       At the end of title III of the bill, add the following new 
     section:

     SEC. 367. CITY OF CHARLEVOIX REIMBURSEMENT, MICHIGAN.

       The Secretary shall review and, if consistent with 
     authorized project purposes, reimburse the city of 
     Charlevoix, Michigan, for the Federal share of costs 
     associated with construction of the new revetment connection 
     to the Federal navigation project at Charlevoix Harbor, 
     Michigan.
       Conform the table of contents of the bill accordingly.

  Mr. SHUSTER (during the reading). Madam Chairman, I ask unanimous 
consent that the modification be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  Mr. OBERSTAR. Madam Chairman, reserving the right to object, I do so 
for the purpose of yielding to the gentleman for an explanation.
  Mr. SHUSTER. I thank the gentleman for yielding.
  Madam Chairman, this amendment corrects provisions in the manager's 
amendment that were found to have unintended effects. And it adds two 
other noncontroversial items. The modification has been worked out with 
the minority.
  Mr. OBERSTAR. Madam Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  The CHAIRMAN. Without objection, the amendment is modified.
  There was no objection.
  The CHAIRMAN. Pursuant to House Resolution 154, the gentleman from 
Pennsylvania (Mr. Shuster) and the gentleman from Minnesota (Mr. 
Oberstar) each will control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Madam Chairman, I yield myself such time as I may 
consume. This is a bipartisan, noncontroversial package. It makes 
technical and conforming changes. It makes modifications to several 
projects in the reported bill. It includes environmental restoration 
and infrastructure projects. It includes flood control and navigation 
projects. It includes studies. It includes provisions based on 
discussions with other committees.
  I urge my colleagues to support this amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Chairman, I yield myself such time as I may 
consume. The amendment continues the tradition of addressing the urgent 
concerns of Members by including several high priority, time-sensitive 
projects and provisions that could not be considered in their ordinary 
and customary time.
  I do want to thank the chairman of the committee for being so fully 
cooperative and responsive and participating in the time-honored 
tradition of our committee in a bipartisan manner.
  Madam Chairman, I yield 1 minute to the gentlewoman from Ohio (Ms. 
Kaptur).
  Ms. KAPTUR. Madam Chairman, I thank the gentleman for yielding time 
to me. I wanted to especially on this bill come down here to the floor 
and compliment the chairman of the full committee, the gentleman from 
Pennsylvania (Mr. Shuster) and the ranking member, the gentleman from 
Minnesota (Mr. Oberstar), for including language in this bill relative 
to a study by the Corps of Engineers on the Western Lake Erie Basin 
Watershed at the crossroads of the Great Lakes.
  I want to just put on the record, without the help of these two 
gentlemen, our part of America could not solve the significant water 
problem that we have crossing several jurisdictions. This bill is so 
important. I hope every Member understands how hard these men have 
worked to really help every single corner of America. We have waited 
for years for this bill as our cities flood and our rural areas get 
devastated by extra water because of all of the development that has 
occurred in our region.
  We cannot solve this problem without them and without the help of the 
Corps being the umbrella entity that brings all these multiple 
jurisdictions together across Indiana, Ohio and Michigan. I just want 
to thank them for being men of the future and paying attention to 
places like Toledo, Ohio and the crossroads of the Great Lakes. Our 
hats are off to them.
  Madam Chairman, I include the following memorandum for the Record:

[[Page 7878]]



                               Memorandum

     To: Marcy.
     From: George.
     Subject: Western Lake Erie Basin Watershed Study Talking 
         Points.
     Date: April 29, 1999.

       The 1999 Water Resources Development Act, H.R. 1480, 
     includes a provision authorizing the Western Lake Erie 
     Watershed study.
       The Western Lake Erie Basin is the crossroads of the Great 
     Lakes.
       The Maumee River, which empties into Lake Erie at Toledo is 
     the largest tributary to the Great Lakes. My District and the 
     City of Toledo sit at the mouth of the Maumee.
       The Corps of Engineers and other government agencies have 
     conducted numerous studies in the Western Lake Erie basin, 
     but no one has ever looked at the watershed as a whole.
       We understand now the indispensable interrelationship 
     between the various elements of the watershed's ecosystem, 
     the water, the farmland, the cities, the suburbs.
       If we are going to sustain the productive resources of the 
     Western Lake Erie Basin, we must understand how all these 
     elements work together.
       I hope and expect that this study will lead to an 
     understanding of our region on which we can plan a 
     sustainable future.

  Mr. OBERSTAR. Madam Chairman, I want to say to the gentlewoman from 
Ohio, I have not heard such kind words in 6 months. It is good to have 
those comments.
  Madam Chairman, I yield 3 minutes to the gentleman from New Jersey 
(Mr. Menendez).
  Mr. MENENDEZ. Madam Chairman, I thank the distinguished ranking 
member for yielding me this time.
  Let me try to continue the kind words as we go along here. To the 
gentleman from Minnesota (Mr. Oberstar) and to the chairman of the full 
committee and to the chairman of the Subcommittee on Water Resources 
and Environment on which I serve as well as to our ranking member, let 
me thank them for finally getting this bill to the floor. This is 
unfinished business from the 105th Congress. It is certainly one that 
is important to the people I represent and the region in which I come 
from. I want to thank particularly my side of the aisle for working 
with me as well as with the majority to make certain that East Coast 
residents will continue to have access to the goods that ships carry 
and the jobs our ports produce.
  When we talk about international trade, 95 percent of all of the 
Nation's commerce moves through ports like that of the Port of New York 
and New Jersey. If we are to take advantage of that trade, then we have 
to have ocean-going ports that can take care of the next generation of 
ocean-going ships. This project and the bill that encompasses the 
project that I am talking about will help my region fight off economic 
trouble and ensure healthy growth by making the port receptive for more 
and larger ships for years to come. It will widen, deepen and align the 
harbor's channels to improve navigational safety to make way for the 
new generation of ocean-going ships.
  The bill also contains important environmental considerations insofar 
as it contains provisions on sediment decontamination and sediment 
management which are enormous issues in the Port of New York and New 
Jersey and for that fact in other parts of the country. And it 
demonstrates the Federal commitment to deepening our harbors and 
channels which is unfortunately in direct contrast to some of the 
signals we have been getting within the region from the Governor of New 
York who has been holding us hostage on issues not related to the 
port's mission and the Port Authority.
  We believe that it is important for the 20 million consumers in the 
region to get products that will be cheaper. We believe for the 180,000 
jobs and $20 billion of economic activity that the Port of New York and 
New Jersey presently enjoys and which all the projections are that will 
grow dramatically, we believe that in essence for all of the economic 
opportunity yet to come as a result of international trade that this 
bill, the Water Resources Development Act, is an appropriate Federal 
response that will inure to the benefit of the region and to our 
country as this port is one of the vital natural resources that we have 
in this country in the promotion of international trade.
  I want to thank again the chairman of both the full committee and the 
subcommittee and the ranking member of the full committee and 
subcommittee for making this a reality.
  Mr. SHUSTER. Madam Chairman, I have no further requests for time, and 
I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Shuster), as modified.
  The amendment, as modified, was agreed to.
  The CHAIRMAN. The Chair is advised that amendment No. 2 will not be 
offered.
  It is now in order to consider amendment No. 3 printed in part 2 of 
House Report 106-120.
  Does any Member rise to offer that amendment?
  If not, it is now in order to consider amendment No. 4 printed in 
part 2 of House Report 106-120.
  Does any Member rise to offer that amendment?
  Mr. PICKETT. Madam Chairman, I ask unanimous consent to strike the 
last word.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Virginia?
  There was no objection.
  Mr. PICKETT. Madam Chairman, I rise to engage the chairman of the 
Committee on Transportation and Infrastructure in a colloquy.
  I had intended to offer an amendment today concerning a project at 
Sandbridge Beach in the City of Virginia Beach, Virginia. I have 
decided not to offer the amendment if the chairman can assure me that 
this important project will receive attention by the committee in the 
future.
  Mr. SHUSTER. Madam Chairman, will the gentleman yield?
  Mr. PICKETT. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chairman, I thank the gentleman for withholding 
his amendment. I will state that it is my intention to consider his 
proposal on the Sandbridge Beach project as we move forward with water 
resources legislation including our WRDA 2000 bill which we anticipate 
moving quickly in the next session.
  Mr. PICKETT. I thank the gentleman.
  The CHAIRMAN. Is the gentleman from Virginia offering amendment No. 
5?
  Mr. PICKETT. No, Madam Chairman, I am not.
  The CHAIRMAN. It is now in order to consider amendment No. 6 printed 
in part 2 of House Report 106-120.
  Does any Member rise to offer that amendment?
  Mr. OBERSTAR. Madam Chairman, I ask unanimous consent to strike the 
last word.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Minnesota?
  There was no objection.
  Mr. OBERSTAR. Madam Chairman, I take this time to express my 
appreciation to the gentleman from Pennsylvania for the splendid 
cooperation that we have always enjoyed on this committee in working 
out matters. But for a little half billion dollar bump in the road over 
this California project, this bill would have been disposed of 2 years 
ago.
  I appreciate the continuing good will on the part of the gentleman 
from Pennsylvania and understanding of these problems as well as the 
chairman of the subcommittee. I also want to express my great 
appreciation for his patience to the gentleman from Pennsylvania (Mr. 
Borski).
  I do want to cite for extraordinary commendable service Ken Kopocis, 
our chief staff member on the Subcommittee on Waters Resources and 
Environment who has done yeoman's service. The chairman was kind enough 
to mention him, but I want to reinforce my appreciation for Ken's 
devoted endeavors, and that of Ward McCarragher and Dave Heymsfeld and 
Art Chan on our committee who all have given such enormous time and 
effort to the unfolding of this legislation and bringing us to this 
point today. We can pass this bill relatively uncontroversial.
  The CHAIRMAN. The question is on the committee amendment in the 
nature of a substitute, as modified, as amended.

[[Page 7879]]

  The committee amendment in the nature of a substitute, as modified, 
as amended, was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Herger) having assumed the chair, Mrs. Emerson, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1480) to 
provide for the conservation and development of water and related 
resources, to authorize the United States Army Corps of Engineers to 
construct various projects for improvements to rivers and harbors of 
the United States, and for other purposes, pursuant to House Resolution 
154, he reported the bill back to the House with an amendment adopted 
by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on the amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the committee amendment in the nature 
of a substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SHUSTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 418, 
nays 5, not voting 11, as follows:

                             [Roll No. 104]

                               YEAS--418

     Abercrombie
     Ackerman
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E.B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Scott
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Stump
     Stupak
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Woolsey
     Wu
     Young (AK)

                                NAYS--5

     Hefley
     Paul
     Sanford
     Sensenbrenner
     Sununu

                             NOT VOTING--11

     Aderholt
     Blagojevich
     Brown (CA)
     Cooksey
     Engel
     Slaughter
     Smith (MI)
     Strickland
     Tauzin
     Wynn
     Young (FL)

                              {time}  1219

  Mr. SENSENBRENNER changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. SMITH of Michigan. Mr. Speaker, I missed the vote on H.R. 1480, 
the Water Resources Development Act because I was detained away from 
the Capitol and the vote closed as I returned. Had I been present, I 
would have voted ``yes.''

                          ____________________




                          PERSONAL EXPLANATION

  Ms. SLAUGHTER. Mr. Speaker, I was unable to be present for rollcall 
votes 103 and 104.
  Had I been present, I would have voted ``yes'' or ``aye'' on rollcall 
votes 103 and 104.

                          ____________________




                             GENERAL LEAVE

  Mr. SHUSTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 1480.
  The SPEAKER pro tempore (Mrs. Emerson). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.

                          ____________________




                          LEGISLATIVE PROGRAM

  (Mr. MENENDEZ asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. MENENDEZ. Madam Speaker, I take this time to inquire about next 
week's schedule from the distinguished majority leader.
  Mr. ARMEY. Madam Speaker, will the gentleman yield?
  Mr. MENENDEZ. Madam Speaker, I yield to the distinguished majority

[[Page 7880]]

leader for purposes of discussing next week's schedule.
  Mr. ARMEY. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I am pleased to announce that we have concluded our 
legislative business for the week. On Monday, May 3, the House will 
meet at 2 o'clock p.m. for a pro forma session. There will be no 
legislative business and no votes on that day.
  On Tuesday, May 4, the House will meet at 12:30 p.m. for morning hour 
and 2 p.m. for legislative business. The House will consider a number 
of bills under suspension of the rules, a list of which will be 
distributed to Members' offices. Members should note that we anticipate 
votes after 2 p.m. on Tuesday.
  On Wednesday, May 5, and Thursday, May 6, the House will take up the 
following measures, both of which will be subject to rules: The 
emergency Kosovo supplemental bill for fiscal year 1999 and H.R. 833, 
the Bankruptcy Reform Act of 1999. It is our hope that the conference 
report on H.R. 4, the National Missile Defense bill, will also be 
available next week.
  Madam Speaker, we should finish legislative business and have Members 
on their way home to their families on Thursday, May 6.
  Mr. MENENDEZ. Madam Speaker, if the majority leader would allow a 
question, could the majority leader tell us on which day next week the 
Kosovo supplemental will be on the floor and for what amount it will 
be?
  Mr. ARMEY. Madam Speaker, I thank the gentleman for his inquiry. Let 
me say I can say with a high degree of certainty that the legislation 
will be on the floor on Thursday of next week, and, of course, it will 
be up to the Committee on Appropriations to report it. I cannot give 
the figure in terms of its amount until after the committee has its 
markup, I think later today.
  Mr. MENENDEZ. If the majority leader would answer one other question: 
Is it the majority leader's intention, or does he know if that 
supplemental will include a supplemental for Central America and for 
the farming community in the country?
  Mr. ARMEY. I thank the gentleman for his inquiry. As the gentleman 
knows, we had that legislation pass through the House. We have gone to 
conference with the Senate. We wait upon the Senate with respect to 
that earlier supplemental report that has the inclusions that the 
gentleman speaks of. It is our anticipation that the week following 
next we would have that back in conference, as well as the Kosovo work, 
and we should be able to complete all supplemental work on both bills 
by the end of the week following next.
  Mr. MENENDEZ. I thank the majority leader. For many of us it is a 
real concern, the Central American farming package. While we face one 
emergency, we have another emergency with 1 million people to the south 
of our border who we are concerned about in the context of immigration 
and in the context of disease and the context of helping to rebuild 
their countries. We would certainly hope that we could in a bipartisan 
way work expeditiously to make sure that that emergency is equally as 
resolved.
  Mr. ARMEY. Madam Speaker, I appreciate the gentleman's remarks.

                          ____________________




 EXPRESSING SENSE OF CONGRESS REGARDING SOCIAL PROBLEM OF CHILD ABUSE 
                              AND NEGLECT

  Mr. FLETCHER. Madam Speaker, I ask unanimous consent that the 
Committee on Education and the Workforce and the Committee on the 
Judiciary be discharged from further consideration of the concurrent 
resolution (H. Con. Res. 93) expressing the sense of the Congress 
regarding the social problem of child abuse and neglect and supporting 
efforts to enhance public awareness of this problem, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  The Clerk read the concurrent resolution, as follows:

                            H. Con. Res. 93

       Whereas each year more than 3,000,000 children in the 
     United States are reported as suspected victims of child 
     abuse and neglect;
       Whereas more than 500,000 American children are currently 
     unable to live safely with their families and have been 
     placed in foster homes and institutions;
       Whereas it is estimated that more than 1,000 children in 
     the United States, 78 percent of whom are less than 5 years 
     of age and 38 percent of whom are less than 1 year of age, 
     lose their lives each year as a direct result of abuse and 
     neglect;
       Whereas the tragic social problem of child abuse and 
     neglect results in human and economic costs due to its 
     relationship to crime and delinquency, drug and alcohol 
     abuse, domestic violence, and welfare dependency; and
       Whereas April has been designated by the President as Child 
     Abuse Prevention Month to focus public awareness on this 
     social ill: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That--
       (1) it is the sense of the Congress that--
       (A) the faith community, nonprofit organizations, State and 
     local officials involved in prevention of child abuse and 
     neglect, and volunteers throughout the United States should 
     recommit themselves and mobilize their resources to assist 
     children in danger of abuse or neglect;
       (B) Federal resources should be marshalled in a manner that 
     maximizes their impact on the prevention of child abuse and 
     neglect;
       (C) because abuse and neglect of children increases the 
     likelihood that they will later engage in criminal activity, 
     State and local officials should be provided with increased 
     flexibility that allows them to use Federal law enforcement 
     resources in the fight to prevent child abuse and neglect if 
     they consider that use appropriate; and
       (D) child protective services agencies, law enforcement 
     agencies, and the judicial system should coordinate their 
     efforts to the maximum extent possible to prevent child abuse 
     and neglect; and
       (2) the Congress--
       (A) supports efforts in the United States to--
       (i) focus the attention of the Nation on the disturbing 
     problem of child abuse;
       (ii) demonstrate gratitude to the people in the United 
     States who work to keep children safe; and
       (iii) encourage individuals to take action in their own 
     communities to make them healthier places in which children 
     can grow and thrive; and
       (B) commends the faith community, nonprofit organizations, 
     State and local officials involved in prevention of child 
     abuse and neglect, and volunteers throughout America for 
     their efforts on behalf of abused and neglected children 
     everywhere.

  The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Fletcher) 
is recognized for 1 hour.
  Mr. FLETCHER. Madam Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Virginia (Mr. Scott) pending 
which I yield myself such time as I may consume.
  Mr. SCOTT. Madam Speaker, I ask unanimous consent that the 
gentlewoman from Ohio (Mrs. Jones) be allowed to manage the time and 
yield debate time on this side.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. FLETCHER. Madam Speaker, I am here today to recognize the 
continued and very good efforts by the gentlewoman from Ohio (Ms. 
Pryce) who has offered this resolution, and I stand honored to speak on 
this very important resolution.
  This resolution calls for a greater commitment toward recognizing the 
problem of child abuse and neglect and encourages more to be done for 
its prevention. Specifically it promotes greater coordination between 
child protective services agencies, law enforcement agencies and the 
judicial system in working to prevent such abuse and neglect. 
Additionally, it commends the work of those who keep children safe, 
including those in the faith community, nonprofit organizations, State 
and local agencies and volunteer organizations.
  Madam Speaker, as you know, April is Child Abuse Prevention Month. 
The estimated number of children seriously injured by all forms of 
maltreatment quadrupled between 1986 and 1997. The estimated number of 
sexually abused children increased by 83 percent, the number of 
physically neglected children rose 102 percent, there was a 333 percent 
increase in the estimated number of emotionally neglected children,

[[Page 7881]]

and the estimated number of physically abused children rose 42 percent. 
Now 500,000 American children are currently unable to live safely with 
their families and have been placed in foster homes and institutions.
  During Child Abuse Prevention Month, we should focus the Nation's 
attention on this national tragedy and demonstrate gratitude to the 
people in the United States who work to keep our children safe. 
Moreover, Congress should continue working to help State and local 
officials in their effort to prevent child abuse.
  With my personal experience I have witnessed this firsthand, and in 
my practice in caring for patients, I am thinking back of one patient 
in particular, one small child that we cared for at the University of 
Kentucky Medical Center.

                              {time}  1230

  A child that was abused to the extent that they were comatose. I 
think, why should this happen in this great United States. I look at 
the impact that this has on the events that have occurred, and not only 
that, but we look at what has happened recently as to how much do we 
really care about our children.
  Certainly I am honored to speak on this, the resolution of the 
gentlewoman from Ohio (Ms. Jones), and I certainly commend her on this. 
As we are addressing and focusing more attention on this issue, I hope 
that we can reduce the number of abused children in this tragedy in the 
United States and certainly continue to work.
  This concurrent resolution will express the growing problem of child 
abuse and neglect. It also focuses on enhancing public awareness. We 
believe that the faith community, nonprofit organizations, State and 
local officials involved in abuse and neglect, and volunteers across 
America must recommit themselves to ending this alarming trend.
  Federal dollars should be used in a constructive manner to maximize 
the prevention of child abuse in our local communities. It is time for 
this Nation to focus more attention and resources on the disturbing 
problem of child abuse. We need to encourage individuals to take 
actions in their communities to ensure a happy, healthy environment for 
our children.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. JONES of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  It gives me great pause as I stand in this Chamber this afternoon to 
bring to the floor this resolution with regard to child abuse in 
America. The statistics are numbing. In 1997 over 3 million children 
were reported for child abuse and neglect to child protective agencies. 
Between 1988 and 1997, child abuse reporting levels increased by 41 
percent. Currently, 47 out of every 1,000 children are reported as 
victims of child mistreatment. In 1997, 1,054,000 children were victims 
of child abuse, or in other numbers, 15 out of every 1,000 U.S. 
children.
  A child in the United States is twice as likely to be reported as 
abused or neglected as to be enrolled in Head Start. Mr. Speaker, 37 
percent of American parents reported insulting or swearing at their 
children within the last 12 months. One of three of all Americans have 
witnessed an adult physically abuse a child, and two out of three have 
seen an adult emotionally abuse a child.
  In 1996, 1,185 child abuse fatalities were reported. Between 1995 and 
1997, 78 percent of these children were less than 5 years old at the 
time of their death. Mr. Speaker, 38 percent were under the age of 1 
year old.
  It is time that we as a Congress and we as a Nation wake up and 
understand the impact that child abuse has not only on the child, but 
the child who witnesses the abuse; not only on the child as a child, 
but when he or she becomes a juvenile or becomes an adult and again, on 
their own become a child abuser. It is time that we figure out how we 
can prevent child abuse in our country, and how we can marshal the 
necessary assets for it, in light of the fact that our dollars are 
innumerable, in order to deal with this issue.
  We have all been numbed over the past week, week and a half about the 
events in Colorado. We are numb today about a similar event in Canada. 
We are numbed about the use of guns by our children, but contemplate 
acting out such as these children did with guns could, in fact, be a 
result of child abuse in their earlier life. Many of the statistics 
have shown that someone who was an abused child is likely to be an 
abuser later on in life, is likely to act out in some type of conduct 
that would be inappropriate.
  I am pleased to stand on the floor of this House today to talk about 
solving the issue of child abuse and neglect in our country.
  Prior to coming to Congress, I served for 8 years as the Cuyahoga 
County prosecutor in Cleveland, Ohio, and it was part of my 
responsibility to deal with the issue of child abuse and neglect. One 
of the things that we were able to do in that jurisdiction was to in 
fact train assistant prosecutors who, in fact, were specially trained 
to handle child abuse and neglect cases. We found that we had an 
overwhelming greater success in winning our prosecutions because they 
were specially trained. In addition, we were able to take the attorneys 
who represent Cuyahoga County as attorneys in court on the civil side 
on abuse and neglect, to give them an opportunity to call the shots; in 
other words, to make the legal determination with regard to when we 
would proceed with a case of abuse or neglect or when we would not 
proceed.
  I take my hat off today to the workers in the child protection 
services. I take my hat off today to law enforcement in child 
protection services, and to the attorneys, because if one does that 
work day after day and one sees the young people who have been abused 
and neglected, not only at the hands of their parents or their loved 
ones but the hands of children in similar age groups, one will 
understand how it is a profession that causes high burnout.
  I am pleased to be a sponsor of a piece of legislation called CAPE, 
in conjunction with my colleague from Ohio (Ms. Pryce), and we have 
other sponsors as well. Under the CAPE Act we are proposing that 
dollars that are collected from forfeiture in drug cases be allocated 
to provide for dollars to train child protection workers.
  Currently, under the law as it exists, only $10 million is allocated 
for that purpose. Under the law that we have proposed, $20 million 
would be allocated to provide additional dollars through the Byrne 
Grant proposal for training for child protection workers.
  In addition, dollars could be allocated to provide for child 
protection workers to have access to various criminal records, so that 
when they are making a determination with regard to where young people 
are assigned or what families they are assigned to, they would take 
that information into consideration. As I said, it is important.
  My colleagues see the blue ribbon that we are all wearing today, all 
of us throughout the House, all of us all over Capitol Hill. The blue 
ribbon stands for Child Abuse Prevention Month, but it also stands for 
the young people who were killed in Colorado. It is time, it is time, 
it is time that we as a Nation wake up.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FLETCHER. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from Ohio (Ms. Pryce).
  Ms. PRYCE of Ohio. Mr. Speaker, I thank the good doctor, the 
gentleman from Kentucky (Mr. Fletcher) for yielding me this time.
  Mr. Speaker, for the past few weeks we have all been mourning the 
loss of the 12 innocent children who were so brutally slain in 
Littleton, Colorado. Today, we take this time to focus on other 
innocent children who lose their lives to other inconceivable acts of 
violence.
  As many know, the President declared April as Child Abuse Prevention 
Month, and we bring this bipartisan resolution to the floor to help 
focus the Nation's attention on this national tragedy.
  During the time which I stand before my colleagues for the next few 
minutes, at least one child will be reported

[[Page 7882]]

abused or neglected in my home State of Ohio. By the time this hour of 
debate is over, 20 children will have been reported abused or 
neglected, 480 by day's end, and that is just one State, and those are 
just the reported cases. These statistics are staggering.
  But sometimes statistics are too sterile to demonstrate the real 
tragedy, because child abuse cases are not just statistics. Each case 
involves an innocent, fragile, living, breathing child who has a name 
and a face. Each bruise, broken bone, cigarette burn or death not only 
hurts that child, but also hurts all of us, because it so often means 
one less bright light for our Nation's future.
  A sad fact, Mr. Speaker, is that many child abusers are themselves 
victims of abuse or neglect, which suggests a vicious cycle of 
criminality. Aside from its relationship to crime and delinquency, 
child abuse and neglect is also closely linked to drug and alcohol 
abuse, domestic violence and welfare dependency. Therefore, in a very 
real sense child abuse prevention also is crime prevention, drug 
prevention and welfare dependency prevention.
  If we only could have paid more attention up front to prevent the 
abuse of those who years later will fill our jails or sleep on the 
streets strung out on drugs, or abuse their own spouse and children. We 
can make a difference if we stop the abuse now. We can reduce these 
problems in our future.
  We must recognize that our children are our Nation's most precious 
resource and redouble our efforts to fight child abuse. This is why we 
are here today.
  Throughout this month, a number of us have been wearing blue ribbons, 
as the gentlewoman from Ohio (Mrs. Jones) referred to, as part of a 
campaign which is being waged across the Nation during Child Abuse 
Prevention Month. In fact, I received my blue ribbon from my 
constituent, Debbie Sendek, Executive Director of the Ohio Committee to 
Prevent Child Abuse. Debbie Sendek is but one of the thousands of 
unsung heroes across our Nation who are in our communities on the front 
lines in the fight to protect our children, and it is all of these 
unsung heroes that we recognize and commend today through this 
resolution.
  However, I am sure that we would all agree that the most important 
goal of Child Abuse Prevention Month is to protect our children. With 3 
million children in the United States reported as victims of child 
abuse and neglect every year, we have a lot to do. While April is Child 
Abuse Prevention Month, I believe Congress must rededicate itself to 
fighting this national tragedy 12 months a year, and we need to make 
sure that this resolution is only the beginning and not the end of our 
efforts.
  Congress must continue seeking ways to help those on the State and 
local level to fight child abuse. To do this, I have joined with 
colleagues on both sides of the aisle in introducing the Child Abuse 
Prevention and Enforcement Act, or the CAPE Act. In a nutshell, this 
bill will provide State and local officials greater flexibility to use 
existing Federal law enforcement resources for child abuse prevention. 
Also, the bill would double the earmark from $10 million to $20 million 
in the crime victims fund for child abuse victims. All of these funds 
come from forfeited bail bonds, forfeited assets and fines paid to the 
Federal Government, not from taxpayers' dollars.
  The bill has the support of the National Child Abuse Coalition, 
Prevent Child Abuse America, and the Christian Coalition, just to name 
a few, and I urge all of my colleagues to sign on.
  Mr. Speaker, abused children do not have a powerful voting block; 
they do not have high-paid lobbyists in Washington to champion their 
cause. That is why we must take this initiative and work it together in 
a bipartisan fashion to continue the fight to protect our Nation's 
children.
  Finally, I would like to thank my fellow original cosponsors of this 
resolution for their support: the gentleman from Texas (Mr. DeLay), 
without whose help we would not be here today; the gentleman from 
Illinois (Mr. Hyde); the gentleman from Florida (Mr. McCollum); the 
gentleman from Pennsylvania (Mr. Goodling); the gentlewoman from 
Connecticut (Mrs. Johnson); the gentleman from Illinois (Mr. Ewing); 
the gentleman from Pennsylvania (Mr. Greenwood); the gentleman from 
Virginia (Mr. Scott); and my good friend, the gentlewoman from the 
great State of Ohio (Mrs. Jones), who has had so much personal 
experience in this area.
  To recognize all of those who work tirelessly in the field who see 
these tragedies up close, we dedicate this month, and set our sights to 
do what we can as the United States Congress to stem the tide of one of 
the saddest, most horrifying aspects of this great country, and that is 
child abuse.
  Mr. Speaker, I urge adoption of the resolution.
  Mrs. JONES of Ohio. Mr. Speaker, I yield such time as she may consume 
to the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentlewoman from 
Ohio for yielding me this time. Let me congratulate both the 
gentlewoman from Ohio (Ms. Pryce) and the gentlewoman from Ohio (Mrs. 
Jones) for their leadership, and simply to add my voice in support of 
H. Con. Res. 93, and particularly emphasizing the need for protecting 
our children in America.

                              {time}  1245

  This is Child Abuse and Neglect Awareness Month, the month of April. 
I would simply like to say to my colleagues, let us look to the future 
when such a day will not be needed or such a month will not be needed.
  As a cochair of the Congressional Children's Caucus, we have 
committed ourselves to promoting children as a national agenda. In the 
last session we were able to secure an additional $11 million to 
support the Children's Mental Health Services Program under Health and 
Human Services.
  What we find with respect to our children who are abused and 
neglected are the kinds of devastating numbers that suggest that more 
than 500,000 American children are currently unable to live safely with 
their families, and have been placed in foster homes and institutions.
  We also find it estimated that more than 1,000 children in the United 
States, 78 percent of whom are less than 5 years of age and 38 percent 
of whom are less than 1 year of age, lose their lives each year as a 
direct result of abuse and neglect.
  If any of us can express the priceless feeling of cuddling a 5-year-
old, a 1-year-old, maybe a 13-year-old, we are obviously outraged at 
the thought of those children being abused physically or mentally, and 
not getting the fullness of what an adult can give, which is loving and 
nurturing.
  This tragic social problem is an epidemic, so I join with my 
colleagues to ask for and to give encouragement to the faith community, 
the nonprofit organizations, State and local officials involved in 
prevention of child abuse and neglect, and volunteers throughout the 
United States. We ask them to recommit themselves. We also applaud the 
works that they have done.
  In my own hometown in Houston, Harris County, I have had the pleasure 
of co-chairing a committee that promoted foster parents to encourage 
them, to recruit more of them, so that in instances of tragic 
circumstances where we find a child from an abused home, we can 
immediately transfer that child into a loving foster care circumstance.
  How terrible it is to read in our newspapers that a foster care 
situation was not available, or that a child protection services worker 
could not find a place for that child, or who had visited that abusive 
home and had left that child in the abusive home with the hope that it 
would get better, only to find in the next morning's news, to read that 
the child is dead because it was left in a home that was abusive and 
had no support system.
  I believe we must promote foster care, parenting and foster care 
systems, and we should support them, provide the resources for those 
foster care parents.
  Then I think it is imperative, as I wear the ribbon in commemoration 
of this month, but as well, the tragic killing of those young people in 
Littleton,

[[Page 7883]]

Colorado, along with all the other young people who have died at the 
hands of violence, to know that some of those who were the perpetrators 
suffered from child abuse and neglect, and we did not intervene at an 
early age.
  I also say we should promote more funding for mental health services 
for our children, with more funding for school nurses, more funding for 
guidance counselors.
  Most of all, let me say that we all should embrace this month with a 
recommitment in support of, one, the legislation, the CAPE Act, but as 
well, a recommitment that maybe in our lifetime we will not celebrate 
or commemorate, rather, the month that has to bring attention to child 
abuse and neglect; that we can say we have wiped it out, we have 
extinguished it, that we really do what this Nation should do, which is 
to love our children and to save our children.
  I thank the gentlewoman for her courtesies for extending me this 
time.
  Mr. FLETCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Speaker, I rise in support of House Concurrent 
Resolution 93.
  As we have heard, April is Child Abuse Prevention Month. For any 
parent or adult who has witnessed the despair in a child's eyes after 
he or she has gone for so long without the love and nurturing that he 
or she so strongly craves and needs, it is heartwrenching.
  Mr. Speaker, we know many of the results that come from child abuse. 
The majority of juvenile offenders, teenage runaways and adult 
criminals in this country were abused as children.
  In a home for young, unwed troubled mothers in my district in 
Lancaster, Pennsylvania, called Beth Shalom, I have visited many of 
these young ladies who have suffered through terrible childhoods full 
of abuse, and they are now struggling not to repeat the patterns with 
their own young children.
  Mr. Speaker, we also know that the most harsh price of child abuse is 
death. As we have heard, more than 1,000 children in the United States, 
78 percent under the age of 5, 38 percent under the age of 1, lose 
their lives every year as a direct result of abuse and neglect. This is 
a tragedy happening in America today.
  Mr. Speaker, we cannot call attention to this issue just once a year. 
Our efforts require a year-round focus and a continuation of our work 
with State and local officials who are working so hard to prevent child 
abuse.
  This must be a community effort. Our children deserve all of the love 
and energy we have to keep them safe and healthy. I strongly support 
this resolution, and urge the Members to vote in favor.
  Mrs. JONES of Ohio. Mr. Speaker, I yield such time as she may consume 
to my colleague from the great State of North Carolina (Mrs. Eva 
Clayton).
  Mrs. CLAYTON. Mr. Speaker, I thank the gentlewoman from Ohio for 
yielding me the time, I thank her for her leadership, and I also 
appreciate the fact that this is a bipartisan effort led by the great 
State of Ohio and other Members who are joining with us.
  Mr. Speaker, this is a time where we recognize child abuse, but 
hopefully, as the previous speaker said, this is not a one-time-a-year 
event, but this is a recognition that our children are our most 
precious gift. They represent our future. They are our hope. Therefore, 
we should be investing in their healthy existence. We should have been 
investing in their safe existence, as well.
  Child abuse has many aspects to it. First, we do want to support this 
resolution, which gives public advocacy to it and recognizes the many 
individuals who are in there professionally doing it every day. It does 
take a lot for them to stay in that. It takes a continuous commitment 
to have that energy and not be burned out, so we want to commend those 
professionals who are in there.
  We also want to commend a comprehensive approach. There is obviously 
a law enforcement part of this, there is a health enforcement part of 
this, there is a psychological and mental health part of this, there is 
a spiritual involvement with this, and the community as a whole should 
be involved. We need to see this as a community response, where all of 
us have an opportunity to play a part.
  I am reminded of a poem that Edward Hale has said, and others have 
reminded us this week of that. It says, ``I am only one, but I am one. 
What I can do, I ought to do. By God's grace, I will do it.''
  Here is an opportunity where individual actions with a parent who is 
having problems and struggling with overcoming his or her past of 
having been an abused child, now trying to struggling to be a decent 
and honorable parent, we need to engage ourselves as individuals with 
that.
  Again, I commend all of our colleagues to support this resolution, 
but more than just support this resolution, to be engaged in this 
worthwhile activity, making sure that our children not only are healthy 
and safe, but making sure that their lives are the kinds of lives that 
will be productive and they will make a contribution.
  Mr. FLETCHER. Mr. Speaker, I yield 5 minutes to the gentleman from 
Texas (Mr. DeLay).
  Mr. DeLAY. Mr. Speaker, I commend the leadership of the gentleman 
from Kentucky (Mr. Fletcher) and the gentlewoman from Ohio (Mrs. Tubbs 
Jones) in bringing this legislation to the floor.
  As people honor April as Child Abuse Prevention Month by wearing blue 
ribbons, listening to speeches, mourning innocent lives lost or 
damaged, and celebrating the valiant efforts of those who have made a 
difference, my prayer is that we as a Nation would recommit ourselves 
to this issue.
  We as parents and Americans must realize our collective 
responsibility for the well-being of our children. Their future is, 
indeed, our country's future, and therein lies a moral imperative that 
we cannot afford to ignore.
  The numbers are daunting. In 1997, there were 3 million cases of 
child abuse and neglect. Today, at least 500,000 American children are 
in foster care and institutions because they cannot live safely with 
their own families.
  Unfortunately, costs of government programs skyrocket, while there 
are more broken families, more abused children, more teenaged parents, 
and more foster children getting bumped around for years without being 
adopted.
  This resolution expresses the sense of Congress that current 
statistics merit our commitment to intervene in the vicious cycle of 
child abuse. It says that we need to marshal Federal resources in order 
to maximize their impact on the prevention of child abuse and neglect. 
Sometimes it is clear that the most effective reform by the Federal 
Government is to simply cut red tape and empower local communities.
  As with most social problems, government can only do so much to solve 
them. Local communities, families, and individuals must join together 
with government agencies to fight and to address the needs of children 
in the system.
  My wife, Christine, and I have two foster kids in our home, and have 
had over the past 2 years. We have also been involved as volunteers for 
the Court-Appointed Special Advocates, CASA, and child advocates of 
Fort Bend County for almost 5 years. We have only recently talked 
publicly of our family life, in the hopes that others might be 
encouraged to become involved with the children at risk in their own 
communities.
  The strength of America, the true greatness of America, is not only 
in the moral fiber of her people and in the integrity of her leaders, 
but also is revealed by how we treat those who are the most vulnerable.
  There are none more vulnerable in our society, none heard less, than 
the children that suffer from abuse and neglect. We must be their 
voice. We must speak loudly and speak out with our time and our 
resources and our love. Get involved. No effort is too small and no 
child beyond our reach.
  Let me just close by commending my colleague, the gentlewoman from 
Ohio (Ms. Deborah Pryce), one of the best

[[Page 7884]]

mothers and legislators I know. I so appreciate her efforts on behalf 
of our Nation's children, and I am honored to join her as an original 
cosponsor of the child abuse prevention and awareness resolution, as 
well as the Child Abuse Prevention and Enforcement Act.
  Mrs. JONES of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would just like to review a few more facts with the 
Members. As I stated earlier, I served as the Cuyahoga County 
Prosecutor, prosecuting child abuse in Cuyahoga County and being 
responsible for abuse and neglect cases.
  I also have had the opportunity to serve for 10 years as a judge in 
Cuyahoga County, where in many instances I was required to listen to 
testimony and judge the credibility of a young person who was being 
presented for purposes of testifying with regard to some abuse that he 
or she had suffered.
  To look into the eyes of a child, to require them to walk into a 
courtroom, to be required to tell the world about terrible incidents of 
what had occurred to them, I cannot even tell Members how my heart 
would bleed.
  Mr. Speaker, as I stand here this afternoon, as with my other 
colleagues, I look forward to the time wherein we will not have to 
celebrate Child Abuse Prevention Month. I look forward to the time 
where we will not have to celebrate Domestic Violence Month. I look 
forward to the time where we have created a society wherein people feel 
good about their relationships, wherein they care about one another, 
wherein they understand that what goes around comes around, where they 
understand that what you do to a child at an early age has an 
indeterminable impact as they go on later on in their lives.
  It is important that we let the child protection workers who work in 
this area every day know how supportive we are of them, how we 
understand that they are underpaid, overworked, and that many times 
their caseloads just continue to balloon without any support in sight.

                              {time}  1300

  It is important that we let them know that we care about them and 
that this issue is important to all Americans. It is important that we 
as a community stop watching child abuse occur and do what the law and 
morality requires us to do, which is to say something about it, report 
it, be willing to step forward and tell what we saw happen. It is 
important that we as a community, as we talk about what it is we can do 
about child prevention, that we are willing to give not only our 
personal dollars but be willing to be supportive of the government 
giving dollars to child abuse prevention. And finally it is important 
that all of us, those of us that are Members of Congress, sign on not 
only to the resolution celebrating or bringing to the floor the issues 
of child abuse, but to also sign on to the CAPE act that will give 
dollars to local communities to be able to combat child abuse.
  Mr. Speaker, I yield back the balance of my time.
  Mr. FLETCHER. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Connecticut (Mrs. Johnson).
  Mrs. JOHNSON of Connecticut. Mr. Speaker, I thank the gentleman for 
yielding me this time, and I rise in strong support of this resolution.
  One of my colleagues earlier described as the inconceivable acts of 
violence some of the things we have witnessed in America's high schools 
recently, but that people like my colleague from Ohio witnessed day in 
and day out from adults in America toward children in America. And, 
indeed, what children in America, what some children in America are 
suffering at the hands of their own parents can only be described as 
inconceivable acts of violence.
  It took this Nation a number of decades to understand the 
significance of domestic abuse and to actually change the laws so that 
beating one's wife was treated under the law exactly the same way as 
beating a neighbor's wife; that, in fact, assault and battery, whether 
it was against one's wife or anyone else was equally a crime. And as we 
came to understand that, we had to change many, many laws and we had to 
change the way emergency room personnel talked to women who came into 
emergency rooms and police responded to domestic abuse calls.
  We have come a long way now in integrating into our understanding the 
early warning signs of domestic abuse and we are better at responding 
and better at early intervention, but we have not done this in the area 
of child abuse prevention. We have passed laws about mandated 
reporters, we have tried many things, but we do not integrate into our 
everyday lives a sensitivity to the needs of families where abuse is 
brewing or present.
  And so this resolution that points to legislation that these leaders 
are going to bring to this floor and that our Committee on the 
Judiciary is going to consider and discharge will begin to look at 
every crime prevention program and assure that crime prevention 
includes child abuse prevention because, essentially, none of that 
money is being used for this very, very important purpose. And there 
are many other things we can do.
  This Congress passed the Safe Homes and Adoption Act a year and a 
half ago. We just had an excellent hearing on that. And it has helped 
to focus on these families early on and helped the families either deal 
with their problems or infants to be discharged for adoption where 
there is no hope that the family can deal with its problems in such a 
way that abuse will not be recurring in a long-term part of a child's 
growing up. So we have made progress.
  But there is so much more to do, not only in our criminal statutes 
and in our crime prevention statutes but also in those statutes that 
govern how this Nation funds child abuse and prevention. As chairman of 
the committee that has responsibility for those funds for our child 
protective services program, I can say we have a lot of work to do.
  We have got to change the way we fund these services so that money 
does not follow placement into foster care, which represents failure to 
prevent, failure to restore, and failure to intervene when a family has 
an opportunity to become whole not only for that one abused child but 
for others who may be affected but maybe not as clearly and, therefore, 
not removed.
  So we have to change the way we deal with this problem, to move to a 
far more holistic approach, and the opportunity is there for us. When 
we look at what we have done in welfare reform, it is really a model. 
We have provided more money for services to welfare women coming off 
welfare than ever in this Nation's history by providing much greater 
flexibility and a more responsive Federal program. And that is my goal 
in child protective services funding.
  I look forward to working with women of experience and men of 
experience and deep concern in this body, and I thank the gentlewoman 
from Ohio (Mrs. Tubbs Jones) for her experience, interest and 
dedication to this matter.
  The SPEAKER pro tempore (Mr. Gillmor). Does the gentlewoman from Ohio 
(Mrs. Jones) wish to reclaim her time?
  Mrs. JONES of Ohio. I do, Mr. Speaker.
  The SPEAKER pro tempore. Without objection, the gentlewoman from Ohio 
(Mrs. Jones) may reclaim her time.
  There was no objection.
  Mrs. JONES of Ohio. Mr. Speaker, I yield myself such time as I may 
consume only to thank my colleagues who have worked so hard with me on 
this piece of legislation and this resolution. I am pleased as a brand 
new Member of Congress to be able to participate in some bipartisan 
legislation that will impact our entire Nation.
  Mr. FLETCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. Fossella).
  Mr. FOSSELLA. Mr. Speaker, I thank the gentleman for yielding me this 
time, and, Mr. Speaker, I believe there is no greater responsibility 
that we have as public officials than to protect the innocent. And 
there is no greater group of innocent people than young children.

[[Page 7885]]

  Sadly, there are those in this country who are compelled, for 
whatever reason, unbeknownst to any human being with common sense and 
decency, to abuse a child, physically and/or mentally scarring the 
child for life. We see it manifested in many different ways; yet for 
some reason, whether we are a Democrat or a Republican, when we see a 
young baby, it always brings a smile to our face. But to know that 
there are people who would willingly abuse a young innocent child 
walking the streets of our country is just beyond the bounds of human 
reasoning.
  So I am happy and I compliment the sponsor of this legislation which 
will at least raise the level of consciousness one more notch. Because 
we need to stand united and to demonstrate that this great country, 
with its moral underpinnings, is concerned about every child that walks 
the face of the Earth, and that we, most importantly, can make a 
difference.
  It is beyond just the abuse itself. We have been successful on Staten 
Island in developing a child advocacy center. In short, what that means 
is that the poor child who is abused, sexually, physically, sometimes 
as young as 6 months old, these poor children who would then have the 
trauma of repeating this story 8, 10, 15 different times to assistant 
district attorneys, to police officers, to child welfare workers, will 
no longer have to do so because what we did is consolidated our 
operations.
  I compliment my predecessor, Susan Molinari, for spearheading this 
before she left Congress. It is a way of bringing a little reason and 
comfort to these poor children. I would encourage other communities 
across this country, if indeed they do not already have them, to 
explore this option. It minimizes an already tragic situation for a 
young child and, at the same time, sends a signal to child abusers that 
this is a zero tolerance policy.
  Mr. Speaker, I want to once again compliment the sponsors of this 
legislation.
  Mr. FLETCHER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Ewing).
  Mr. EWING. Mr. Speaker, I thank the gentleman, the acting chairman, 
for yielding me this time. I am pleased to come here today and to talk 
about the resolution honoring child abuse prevention and awareness 
month and also to speak about a piece of legislation that works into 
the area of prevention of abuse and child awareness which is called the 
CAPE Act.
  This is a piece of legislation which I originally sponsored with 
Susan Molinari, and now I am cosponsoring along with the gentlewoman 
from Ohio (Ms. Deborah Pryce), the gentleman from Texas (Mr. Tom 
DeLay), and the gentlewoman from Ohio (Mrs. Stephanie Tubbs Jones). We 
are extremely pleased with the reception of this legislation, and we 
think that it has tremendous ability in a very small way to loosen the 
bonds or the restrictions that too often are put on local governments 
who are fighting this battle with the money we send them. That is 
really basically what we do here. We give breathing room to local 
governments to fight this problem.
  I am not going to go into statistics today. They are pretty gruesome. 
They are very, very sobering when we think about what is happening in 
this country. And probably the one statistic that is most alarming is 
that those children who are abused children themselves become abusers 
and criminals and addicted to drugs and alcohol and all of the things 
that we think are bad in our society. They are more susceptible to 
those things than children that have a healthy environment in which to 
grow up in.
  So I would just ask all of those in the Congress, Mr. Speaker, to 
join in this bipartisan effort. We can fight crisis around the world, 
but in child abuse we have a crisis right here in America. It is time 
to put our best efforts towards solving that problem and moving ahead 
with new solutions.
  I believe that the CAPE Act will allow us just a small step in that 
direction, and I hope, Mr. Speaker, that we can count on strong support 
from the Members of this body so that we will send that legislation to 
the Senate as well as pass this resolution here today on child abuse 
and awareness month.
  Mr. FLETCHER. Mr. Speaker, I yield 3 minutes to the gentleman from 
New York (Mr. Gilman).
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me this 
time. I am pleased to rise today in support of this concurrent 
resolution, H. Con. Res. 93, the sense of Congress regarding child 
abuse and neglect, and enhancing the public's awareness of this 
problem.
  Child abuse, whether sexual, physical or emotional, is a growing 
problem in this Nation which we should view with a great deal of alarm. 
Every child has the right to grow up in a safe, well cared for 
environment. The most tragic thing about child abuse is it is often 
inflicted by someone close to the child who should be concerned with 
that child's welfare rather than inflicting that kind of harm.
  Regrettably, far too many families are simply incapable of raising 
children without resorting to abuse. The end result is that the child 
often learns violence as an acceptable way to convey ones's feelings 
and release stress. Thus, the patterns of abuse usually continue with 
future generations.
  In addition to the physical harm imparted on the child from sexual 
abuse, there is psychological damage which often lasts long into 
adulthood, affecting the child's future adult relationships.

                              {time}  1315

  Even worse, sexual abuse robs a child of his or her innocence long 
before that innocence should be taken away. And whereas many adults who 
physically abuse their children can, with the help of extensive 
counseling, overcome their problems and the dangerous patterns of 
behavior, that same success does not usually occur with sexual abusers.
  All too often, sexual predators of children repeat their acts of 
abuse even after being punished for earlier actions. Those individuals 
need to either be deterred from committing their acts or effectively 
punished for their behavior.
  So I want to commend my colleagues, the gentleman from Illinois (Mr. 
Hyde), the gentlewoman from Ohio (Ms. Pryce), the gentleman from 
Illinois (Mr. Ewing), the gentleman from Texas (Mr. DeLay), the 
gentlewoman from Ohio (Mrs. Jones), for bringing this measure to the 
floor at this time.
  I ask my colleagues to support this measure.
  Mrs. JONES of Ohio. Mr. Speaker, I yield myself such time as I may 
consume only to say to all of my colleagues who have appeared here this 
afternoon that I thank them for coming out in support of our 
resolution. We look forward to the same support on the CAPE Act when it 
comes to the floor.
  Mr. Speaker, I yield back the balance of my time.
  Mr. FLETCHER. Mr. Speaker, I yield myself 2 minutes to close and say 
certainly it has been a great pleasure to work with the gentlewoman 
from Ohio (Mrs. Jones) and the other sponsors of this resolution.
  Obviously, as this month is Child Abuse Prevention Month, we 
certainly are encouraged to see the increased effort that Congress will 
make, that we can make at this national level to work with local folks, 
work with law enforcement, with health care, with faith communities, as 
well as all parts of our local communities, to ensure that we provide a 
safer place for our children, that we continue to increase the 
awareness of this problem, that we can, as the future goes on, do a 
better job in making sure that our children are safe.
  Mr. BONIOR. Mr. Speaker, I rise today in support of the resolution 
calling for public and private resources to prevent child abuse and 
neglect.
  Children are our most precious gifts. We are responsible for their 
education, their safety, their health, and their lives. We should do 
everything we can to protect our children and ensure that their lives 
are safe from harm.
  Yet, a sad truth remains that not all children are free from abuse 
and neglect. In 1997 alone, more than 1 million cases of child abuse 
and neglect were confirmed by child protective service agencies in the 
United States. One million children confirmed.
  If that statistic wasn't disturbing enough, we know what the results 
of childhood abuse and

[[Page 7886]]

neglect can be. We know that abused and neglected children do not 
perform as well in school. In some cases, physical abuse of children 
can result in brain damage, cerebral palsy, and learning disorders.
  Perhaps most troubling of all, we know that there is a vicious cycle 
surrounding child abuse. Adults abused as children are at higher risk 
of arrest for sex crimes.
  By recognizing April as Child Abuse Prevention Month, we alert 
communities all over our country to this tragic social illness that 
hurts our most precious and vulnerable resource. We recognize that 
child abuse is a complex problem. The solution requires action from 
everyone in each city and state. We need to support and expand local 
officials' efforts to prevent abuse. We need religious leaders to lend 
a supportive and understanding voice for families. We need to also 
support programs for families that prepare individuals for the job of 
parenting.
  Most importantly, by recognizing Child Abuse Prevention Month, we 
also tell victims of child abuse that they are not forgotten. We see 
you and we will help you. We must remember that truly effective 
prevention efforts must include treatment for children who have been 
abused or neglected.
  The lingering anguish we feel toward the tragedy in Littleton, 
Colorado captures how we feel when our children are harmed. We need to 
break this cycle and prevent child abuse from ever occurring.
  I urge my colleagues to support Representative Pryce's resolution 
that calls on a collective effort to raise awareness and prevent child 
abuse and neglect in our communities. I want to thank Representative 
Pryce for her work on this important issue.
  Mrs. BIGGERT. Mr. Speaker, I rise in support of Mrs. Pryce's 
Resolution. This month is Child Abuse Prevention Month and I am pleased 
to be able to support this resolution which commemorates those who are 
helping to alleviate the evils of child abuse and neglect.
  Together, we can make a difference, one child at a time.
  I recently learned about the life of one child and the difference she 
felt in her life. Three years ago, Shannon was a 16-year-old girl 
suffering from neglect and despair. She never knew her father. Her 
sister had been taken away by the state and placed in foster care. Her 
brother was in state prison for attempted murder. And her mother 
couldn't seem to help her.
  Shannon wasn't interested in life. She was depressed, in and out of 
psychiatric care between suicide attempts. She was failing in school.
  Shannon needed a home. And thanks to the dedication of some very 
special people at Our Children's Homestead in my Congressional 
District, that's exactly what Shannon was given.
  And what difference did it make? Today Shannon attends College. She 
plans to go into hotel management.
  When she looks back to high school, Shannon sees A's and B's on her 
report cards; she looks at photos of herself in the sports section of 
the yearbook; she sees herself on stage at the prom--a member of the 
prom court.
  Shannon is blessed.
  But we must also remember how much more we need to do.
  In 1992, less than 30,000 children in Illinois were removed from 
their homes and placed into the child welfare system because they were 
victims of severe abuse and neglect. Just last year, that number had 
increased to over 50,000. That's more than a 66 percent increase in 
only six years. Each one of those numbers may be another Shannon. A 
child who needs our help--literally needs our help--to survive.
  As the numbers of children in need comes close to doubling, we must 
redouble our efforts to help them. I rise to commemorate the work of 
those who have done so much. As Shannon's story tells us, we can make a 
difference for children--one at a time.
  Mr. FLETCHER. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the concurrent resolution.
  The previous question was ordered.
  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Con. Res. 93.
  The SPEAKER pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from Kentucky?
  There was no objection.

                          ____________________




                         NATIONAL HOSPITAL WEEK

  (Mr. GOODE asked and was given permission to address the House for 1 
minute.)
  Mr. GOODE. Mr. Speaker, the week of May 9 is National Hospital Week, 
when communities across the country celebrate the health care workers, 
volunteers, and other health professionals. This year's theme for 
National Hospital Week is ``People Care, Miracles Happen.''
  A great example of this theme is an event called Martha's Market at 
Martha Jefferson Hospital in Charlottesville, Virginia. Martha's Market 
is a weekend event that transforms an indoor tennis facility into a 
shopping plaza with 40 unique boutique vendors. The event began as a 
fund-raiser by a group of enthusiastic volunteers who wanted to raise 
awareness of breast cancer, and it won the American Hospital 
Association's prestigious Hospital Award for Volunteer Excellence.
  Income for the event comes from corporate sponsors, individual 
donations and vendor profits. The net profit for the Market grew to 
more than $150,000 in 1998. The proceeds are used to support the 
hospital's breast cancer outreach program, provide free or reduced-fee 
mammograms and health screenings to low-income women, and sponsor free 
mammography days.
  Mr. Speaker, I want to take this opportunity as National Hospital 
Week is approaching to congratulate Martha Jefferson Hospital for its 
award-winning program.

                          ____________________




                             GENERAL LEAVE

  Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Res. 154.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.

                          ____________________




                   ADJOURNMENT TO MONDAY, MAY 3, 1999

  Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that when the 
House adjourns today, it adjourn to meet at 2 p.m. on Monday next.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.

                          ____________________




                HOUR OF MEETING ON TUESDAY, MAY 4, 1999

  Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that when the 
House adjourns on Monday, May 3, 1999, it adjourn to meet at 12:30 p.m. 
on Tuesday, May 4, 1999, for morning hour debates.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.

                          ____________________




     DISPENSING WITH CALENDAR WEDNESDAY BUSINESS ON WEDNESDAY NEXT

  Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that the business 
in order under the Calendar Wednesday rule be dispensed with on 
Wednesday next.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.

                          ____________________




              MINIMUM WAGE STIFLES GROWTH, CREATIVE SPIRIT

  (Mr. DICKEY asked and was given permission to address the House for 1 
minute and to revise and extend his remarks and include extraneous 
material.)
  Mr. DICKEY. Mr. Speaker, I would like to place in the Record an 
article written by Leo Collins and published in

[[Page 7887]]

the Pine Bluff Commercial on April 27. Two significant points were 
made.
  First, it stated:

       In many ways it seems that the only people who benefit from 
     guaranteed minimum wage are those high school dropouts with 
     lost ambition. We should not promote a permanent minimum wage 
     mentality in anyone by convincing them that they can only 
     expect an increase in wages if the government gives it to 
     them. On the contrary, we should encourage them to look to 
     their willingness to prepare themselves and use their 
     ambition as their ticket to higher prices.

  On another subject Mr. Collins talks about good educational programs 
like Trio being sooner or later: ``Bushwacked and slowly ground into 
government pork.''
  Without his knowing it, the opportunities afforded by Trio to 
students who want to try are being threatened by a new proposed program 
called Gear Up. The threatened dilution of Trio has been prophesized in 
this article. Mr. Collins' wisdom on each of these issues is 
remarkable.

            [From the Pine Bluff Commercial, Apr. 27, 1999]

              Minimum Wage Stifles Growth, Creative Spirit

                            (By Leo Collins)

       As long as I write an opinion column or do radio 
     commentaries, which I have done 30 years or more, I will from 
     time to time voice an opinion against those who buy into the 
     minimum wage concept.
       And I will also get branded from time to time as one of 
     those black conservatives who doesn't want to see all 
     Americans with enough financial resources to sit around the 
     dinner table and feast on pheasant washed down with vintage 
     wine.
       Well, those who identify me as a black liberal half of the 
     time are about right. Those who identify me as a black 
     conservative the other half of the time are probably right 
     also.
       Some of our well-meant social programs are not much more 
     than social crutches that are both addictive and non-
     productive and often do nothing more than provide feather 
     bedding posh jobs for those charged with overseeing these 
     types of programs.
       But there are many government programs that do tons of 
     good: Headstart, TRIO Programs (Talent Search, Student 
     Support Service and Upward Bound) all come to mind. They help 
     provide all kinds of educational supplements for students who 
     are at a disadvantage or who are educationally abandoned.
       We don't want to throw all social programs out the back 
     door. Most government programs start off with all the good 
     intent in the world, but along their voyage down the road of 
     good intentions, these programs get bushwhacked, are slowly 
     ground into government pork and get branded often as 
     government waste.
       There are times when our elected officials make political 
     hash out of well-meaning social programs because they seem 
     directed toward a certain racial or ethnic group. So when we 
     evaluate the outcome of these types of programs, they will 
     not have had a national impact on America; but they will have 
     helped a large segment of the populace in certain areas of 
     the country.
       Over the years social programs that were designed to help 
     the poor have always been branded as pork. But Pentagon waste 
     and aid to huge corporations have always been labeled as 
     programs aiding America, or it's done under the guise of 
     keeping America strong.
       The concept of minimum wage has always sounded like a good 
     idea. No American, according to those who advocate it, should 
     earn less than a set wage.
       All of this sounds good, but is it good? Not to me! It 
     stifles individual growth, it dampens the creative spirit and 
     it gives the illusion that your lifelong economic dreams have 
     been fulfilled even though you can never quite figure out why 
     you never seem to take enough pay home to make a down payment 
     on a new car. In many ways it seems that the only people who 
     benefit from guaranteed minimum wage are those high school 
     dropouts with lost ambition.
       In a small business the owners may not earn enough to pay 
     minimum wage, but this is an ideal climate for young people 
     to learn something about what it requires to make it in an 
     economy based upon free enterprise. That is more important 
     than earning minimum wage.
       No, I don't believe in child labor and slave wages, but I 
     do believe in organized labor, providing that labor leaders 
     require the membership to deliver high quality performance 
     after management concedes to their demands. Wage wise indeed, 
     there ought to be some kind of collective bargaining, but it 
     should be between workers and management, not necessarily 
     between government and management.
       The government only needs to raise its powerful fist when 
     management is obviously abusing labor by not providing safe 
     working places, health insurance, etc. It just seems to me 
     that wages ought to coincide with net profits, but there 
     should be no guaranteed minimum or maximum wage. Too 
     frequently, I must admit that management does not pay labor 
     its fair share.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 1999, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




     DECLARING CUSTOMS AND INS INSPECTORS LAW ENFORCEMENT OFFICERS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Filner) is recognized for 5 minutes.
  Mr. FILNER. Mr. Speaker, I rise today to honor the work of the 
officers and inspectors of the U.S. Immigration and Naturalization 
Service and the U.S. Customs Service and other Federal agents and 
various agencies and ask that they be accorded the full Federal law 
enforcement status, as outlined in legislation I recently introduced.
  This bill will finally grant the same status to the U.S. INS and 
Customs inspectors as to all other Federal law enforcement officers and 
fire fighters. It is in the public's interest to end the unfair, 
unsafe, and expensive practice of excluding these inspectors from the 
law enforcement category.
  Because of the current lopsided law, INS and Customs lose vigorous, 
trained professionals to other law enforcement agencies. The agencies 
also lose millions of dollars, as they have to train other inspectors 
to take the place of those who have just departed.
  Customs and Immigration inspectors are law enforcement officers. They 
are law enforcement officers. They carry firearms and are the country's 
first line of defense against terrorism and smuggling of drugs at our 
borders.
  I represent the City of San Diego at the border crossing between 
Mexico and the United States; and right there in my district, 125,000 
people per day, 125,000 people per day cross through the point of 
entry. It is the busiest border crossing in the world. And inspectors 
there daily face felons. They disarm people who are carrying sawed-off 
shotguns, switch-blade knives, and handguns. They have been run over by 
cars and have had shoot-outs with drug smugglers.
  Forty-three courageous U.S. Customs and Immigration and 
Naturalization Service inspectors have been killed in the line of duty. 
We owe it to their memory, and to the men and women who now serve in 
the same dangerous jobs that their predecessors died performing, to 
provide inspectors with the full law enforcement status.
  The sad irony in this fight is that the inspectors who were killed in 
the line of duty eventually achieved law enforcement status when they 
died by having their names inscribed in the granite of the National Law 
Enforcement Officers Memorial here in Washington, D.C.
  Mr. Speaker, I say this is too long to wait and way too high of a 
price to pay for law enforcement status for the Customs Service and 
Immigration and Naturalization Service inspectors. We have the 
opportunity to provide inspectors parity and recognition now, while 
they live and protect us from terrorists, drug dealers, and fugitives.
  Mr. Speaker, the U.S. Immigration and Customs inspectors daily put 
their lives on the line. It is time that we value those lives. I urge 
support of H.R. 1228, legislation to correct the unequal treatment of 
these Federal law enforcement officers.

                          ____________________




                            SANCTIONS REFORM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Oregon (Mr. Blumenauer) is recognized for 5 minutes.
  Mr. BLUMENAUER. Mr. Speaker, this Chamber has been dominated with 
discussion over the course of this week dealing with the limitations 
and the costs of the use of force in trying to secure international 
peace. Yet, there is another very critical area.
  As we attempt to work our will on issues around the globe, we are 
finding

[[Page 7888]]

it more and more difficult to gain leverage with other countries as we 
are dealing with issues that deal with economic sanctions. Our efforts 
are made all the more difficult by signals coming from inside this 
Chamber encouraging America to retreat from its role as the world's 
only remaining superpower.
  It is time for us to take a step back and reshape our thinking about 
how we can apply sanctions that are more in tune with what actually 
happens in the world. Well-intentioned sanctions are becoming less and 
less effective if we do it on an unilateral basis. Currently, it is 
estimated that half the world's population is subject to some sort of 
sanction on the part of the United States. Yet it is estimated that 
only one-fifth of the programs that we have applied previously in the 
last 20 years achieved their intended goals.
  The Institute for Economic Analysis estimated that unilateral 
sanctions have a very real cost for Americans and our businesses, 
perhaps as much as $20 billion per year in lost opportunities, which 
translates into a potential job loss of 200,000 American jobs. And 
those that are in the international arena turn out to be amongst the 
highest paying American jobs.
  We see persuasive evidence that unilateral sanctions simply do not 
work. The threat of sanctions not only failed to deter what happened in 
India or Pakistan regarding nuclear testing, but it would have cost 
people in the region that I represent in the Pacific Northwest a huge 
wheat sale if Congress had not acted quickly to grant a waiver 
authority to the President so he would not have to apply the sanction. 
Well, it rescued a potential loss of business but it made us look 
foolish, having this sanction out here and then not applying it when 
the chips were down.
  The example of Cuba is perhaps one of the most abject failure, where 
we have imposed sanctions basically alone in the world. Yet Castro 
continues to thrive after 40 years and, in fact, perhaps has been even 
more entrenched by our opposition to his regime.
  The simple fact is, if we are going to initiate sanctions, we need to 
have better information to make better-informed decisions. We need to 
look in a comprehensive way about what we are trying to achieve. When 
will we decide whether or not the sanction is effective, and how will 
we determine whether or not we have met that objective?
  I personally am embarrassed in conversations that I have had with 
people, parliamentarians from other more developed countries who have 
very thoughtful approaches that allow them to determine when they are 
going to be involved, how they are going to be successful, and when 
they conclude that effort.
  I was pleased to join former Representative Lee Hamilton and Senator 
Lugar, both of Indiana, last session when they introduced comprehensive 
reform of American sanctions policy. I am pleased that this legislation 
has been reintroduced in this session.
  I would strongly urge my colleagues to look at comprehensive sanction 
reform as an area for them to be involved. It is an area that we ought 
to know what we are doing. It will make a big difference for American 
business, and it will make our foreign policy much more effective in 
the long-run.
  At a time when we are dominated by the threat of war and, in fact, 
being actively engaged with American fighting men and women overseas, 
we owe it to them, we owe it to our constituents, we owe it to 
ourselves to make sure that we have all the tools that are available 
and that they are used in a thoughtful fashion.

{time}  1330

                          ____________________




                    TRAGEDY AT COLORADO HIGH SCHOOL

  The SPEAKER pro tempore (Mr. Simpson). Under a previous order of the 
House, the gentleman from North Carolina (Mr. Jones) is recognized for 
5 minutes.
  Mr. JONES of North Carolina. Mr. Speaker, as a Congress and as a 
Nation we are mourning the brave students and teachers whose lives were 
cut short in the senseless tragedy at Columbine High School.
  An overwhelming sense of sadness and grief has spread throughout our 
Nation as we wonder out loud what led our country to this point. How 
could two of our children, our Nation's future, who harbored so much 
anger and resentment, turn to violence before they turned for help? 
What frightens me even more than the event itself is that it is 
symptomatic of a Nation rapidly losing sight of the very values this 
country was built upon: faith, family and freedom.
  Mr. Speaker, in the past year and a half, at least 29 people have 
been killed as a result of school violence. In today's era of virtual 
reality games and the Internet, children witness gruesome acts of 
violence on a daily basis and can access pornography on the Internet 
with ease. And now our Nation's children are a simple click away from 
directions to build the same pipe bombs that two troubled young men 
used to wreak devastation on a small Colorado community.
  The events of the last week have reminded me of an old Chinese 
proverb that says, ``If we do not change our direction, we are likely 
to end up where we are headed.''
  Mr. Speaker, we are headed down a dangerous path. Some blame violence 
in the media, music, the Internet, access to guns and parental neglect. 
While they all influence our children, the problem is even greater.
  In response to the tragedy, President Clinton has proposed more gun 
control laws. Mr. Speaker, we already have a number of gun control laws 
on the book. New laws are not the answer. It is not what is in our 
children's hands, it is what is in their hearts.
  Mr. Speaker, one of the students who died last week was killed after 
proclaiming her belief in God. This young girl herself once struggled 
with some of the same issues her killers did. She even subscribed to 
witchcraft until she chose to embrace God and turn her life around. For 
this, for her beliefs, she was killed.
  Sadly, in the news coverage over the past week, the media has focused 
on a small group of students who isolated themselves from others 
because they felt alienated. But we can see by this tragedy at 
Columbine that when circumstances were dire, students and teachers cast 
aside their differences and worked together.
  As a man of Christian faith, I cannot help but be proud of the number 
of students recounting stories of being trapped in the school and 
surrounded by death who found solace in prayer. Yet how ironic that on 
any other day, our Nation's children cannot pray in school. In fact, 
children have been barred from bowing their heads in private prayer, 
from expressing their religious beliefs in school newspapers and even 
bringing the Bible to school.
  Mr. Speaker, can anyone today say that our children are better off 
than they were 30 years ago when prayer was accepted in our schools? 
Thirty years ago, teachers were concerned with students smoking in 
school, skipping class and an occasional fistfight. Today teachers are 
being asked to deal with teen pregnancy, drug abuse and the physical 
safety of their students.
  Mr. Speaker, let Littleton, Colorado be our wakeup call. Faith is 
exactly what this country needs. The children in Littleton turned 
toward God during their time of crisis. We should not force them to 
turn away from God during their daily lives.
  Mr. Speaker, today our Nation is faced with two choices: We can 
continue down the path we have created for ourselves or we can look to 
a time in our history when children felt safe in school, and we can 
learn from our mistakes. This country was founded on Judeo-Christian 
principles. Yet we have become an America in which children reach for a 
gun before they reach for their Bible, or turn to violence instead of 
their parents or their church.
  Mr. Speaker, I have the great honor of representing the citizens of 
eastern North Carolina. What makes me so proud of my constituents is 
that they, like so many Americans across this Nation, have a great 
respect for the Bible and the Constitution. They live their lives for 
God and country and they nurture these beliefs in the lives of their

[[Page 7889]]

children. These are the values that this country needs.
  As Mother Theresa once said, ``If you become a burning light of 
justice and peace in the world, then really you will be true to what 
the founders of this country stood for. This is to love one another as 
God loves each one of us. And where does his love begin? In our home. 
How does it begin? By praying together.''
  Mr. Speaker, how did we ever imagine to lose sight of our founders' 
intentions? The students and teachers of Columbine High School have 
shown us that we must join together to return an America that gives 
families the freedom to raise their children in an environment that is 
safe, where children are free to live and to learn.
  In the words of George Washington, ``The smiles of heaven can never 
be expected on a nation that disregards the eternal rules of order and 
right, which heaven itself has ordained.''
  Today, my thoughts and prayers are with the community of Littleton, 
Colorado as they begin their healing process.
  As a tribute to the families and friends who lost loved ones, let us 
turn this tragedy into an opportunity.
  We took prayer out of school and we have seen the results.
  Let us now change course and return to the values on which this 
nation was founded.
  Please do not allow those who died in Littleton to have died in vain.

                          ____________________




             TRIBUTE TO SAM GILMAN OF ROCK ISLAND, ILLINOIS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Evans) is recognized for 5 minutes.
  Mr. EVANS. Mr. Speaker, today I rise to pay tribute to a good friend 
of mine, Sam Gilman of Illinois. Tonight the Quad Cities Israel Bonds 
Council will award Sam with the Jerusalem Medal for dedicated service 
to his community and to Israel. I have learned so much from Sam about 
public service over the years and I take great joy in seeing him 
recognized for his outstanding achievements. He knows what it means to 
give of yourself to help others.
  After graduating from college, he served our country in the United 
States Army during World War II. Following law school at Harvard, Sam 
returned to the Quad Cities to practice law and later became a director 
of the Pinnacle Banc Group. He has also helped build enduring 
institutions that serve the entire community, including founding WQAD 
and WKPT and serving as chairman of the board of Franciscan Medical 
Center.
  Sam has been instrumental in developing a strong Jewish community and 
support for Israel in western Illinois. His leadership as a director 
and past president of the Jewish Federation of the Quad Cities, as 
founder of the Quad Cities Yom HaShoah Committee, and past director of 
the Tri-City Jewish Center strengthened those groups and laid a 
foundation to be erected for an active community for many years to 
come.
  I have witnessed Sam's love for Israel and his dedication to helping 
Jews in need around the world. In 1986 we went together with a group to 
Israel and I learned to appreciate the deep affection he has for that 
land and its people. Two years later, on a journey to the former Soviet 
Union, I joined Sam as we met with refuseniks and worked to help Soviet 
Jews fighting for their freedom under a repressive regime.
  Sam's work and that of countless others in the Jewish community is 
directly responsible for securing the right of Jews to emigrate from 
the former Soviet Union and for helping Israel to resettle this mass 
exodus of people in a land where they can now be free.
  Finally, I have been fortunate to benefit from Sam's wise counsel and 
support for almost 20 years. He has been a true mentor to me as I first 
sought to represent western Illinois in Congress, and as treasurer of 
my campaign, he has always had a critical role in every race that I 
have run. Most of all, I am proud to call Sam a friend and look forward 
to many more years of sharing his advice.

                          ____________________




                                 KOSOVO

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Indiana (Mr. Souder) is recognized for 5 minutes.
  Mr. SOUDER. Mr. Speaker, last night's votes on our war were a wakeup 
call to our President, to NATO and to the world. The American People's 
House voted against a declaration of war, against ground troops, and 
also defeated a resolution on a tie vote, even, in support of the 
current air war. That should be a clear message to the world that 
America is in the process of switching the more they learn about this 
ill-conceived war.
  Next week's supplemental defense appropriations bill is in deep 
trouble. How can a Congress vote against a declaration of war this week 
and then the next week turn around and fund it? I want to make sure as 
one of those who is against this war, who started skeptical but has 
turned into someone who feels it is time to aggressively speak out 
before American men and women die on a battlefield in an ill-conceived, 
ill-planned and unwinnable war, that several things are true about this 
supplemental appropriation. Those of us who oppose it are not 
unconcerned about the refugees. Two weeks ago when I was privileged to 
go along with the CODEL over to that area and visited a refugee camp in 
Macedonia, you cannot help but be moved by the terrible stories that 
the individuals are telling about how they have been forcibly removed 
from their country. It is terrible. The question is not whether it 
should pull at your heart and how terrible it is. The question is what 
can we do about it and is this unprecedented? It is wrong when the 
Serbs do it, it is wrong when the Croatians do it, it is wrong when the 
Bulgarians do it, and it is wrong when the Bosnian Muslims do it. The 
question is by inserting ourselves can we stop this? Is this the most 
effective way? And will we accidentally create a problem potentially 
bigger than the problem that we went in to solve?
  Secondly, this is not about refugee aid. We should be having a 
separate vote on refugee aid, not refugee aid serving as a cover for 
military appropriations for a continuing war. All of us agree that the 
economies of Albania and Macedonia have been devastated by being unable 
to continue their trade not only with Serbia but the other countries 
around them, by handling the refugees that come in, by having a general 
collapse of their economies by their openness. We need to give aid for 
the refugees, we need to give aid to those countries. That is not what 
this supplemental appropriations bill is about next week. That is 
merely wrapping with it. We will give refugee aid, we will give aid to 
those countries, but I believe it should happen after we have a 
settlement there.
  Thirdly, this is not about replacing military preparedness. This 
President has already proven that whatever we appropriate, he diverts 
to the war. We can appropriate it for this or that, but if he wants to 
continue the war, he is diverting it. We have an obligation if we say 
we are against this war not to hide behind what we are replacing but 
understand he has no conscience as far as how he will divert the money, 
which also leads me to, this is not about military buildup. I am one of 
those who believes we are at least $20 billion behind in military 
preparedness and that is why we need to do it and that is why we must 
as a Republican Congress step up regardless of the budget question and 
address the defense question. But not here. If we put $12 billion, $6 
billion more than he proposed on this bill, what assurances do we have 
that this is not either going to continue the war or be used, even 
worse, for the ground war that we voted against last night? Because 
there are no fire walls that you can put in, particularly if we 
continue to allow reprogramming of money in our leadership that 
protects us from having voted the funds next week to go to a ground 
war.
  It is fine to stand up here as we did last night and say we are 
against a ground war, we are against continuing this air war, we are 
against a declaration of war, but the real thing comes

[[Page 7890]]

down to the money. Next week are we going to stand up and say, ``He 
can't have the money to continue and expand this war. We want to see 
people come to the table in a livable, workable thing''?
  When I was at NATO in Brussels, I had a very weird feeling as I was 
sitting around the table and hearing how we cannot back up, this could 
be terrible and devastating for NATO. This is so much like Vietnam 
where we heard all those things and in fact we got the same deal after 
we had the loss of American lives that we could have had the first day.
  In a very interesting book, ``Taking Charge'' by Michael Beschloss 
about Lyndon Johnson, actual tapes, this is an exchange of Lyndon 
Johnson with Dick Russell, head of the Senate Foreign Relations, I 
believe, at that time.
  ``LBJ: I spend all my days with Rusk and McNamara and Bundy and 
Harriman and Vance and all those folks that are dealing with it and I 
would say it pretty well adds up to them now that we've got to show 
some power and some force--that they do not believe--they don't believe 
that the Chinese Communists will come into this thing. But they don't 
know and nobody can really be sure. But their feeling is that they 
won't. And in any event, that we haven't got much choice, that we are 
treaty-bound, that we are there, that there will be a domino that will 
kick off a whole list of others, that we've got to prepare for the 
worst.''
  That is exactly what we are being told here. That is exactly what I 
heard at NATO. ``Oh, we can't back up because we are treaty-bound, we 
are there, it will be a domino.''
  In fact, we stayed in Vietnam. We lost many of my friends, thousands 
of Americans in that battle, and in the end wound up backing up, 
because the problem here is do not bluff, do not make threats that you 
cannot follow through. Our generals have told us, this is unwinnable in 
the air. Those of us who have been over there, those of us who have 
studied any history realize you cannot do a ground war from the south. 
A ground war would have to come from the north. Not only are there huge 
mountains and not only have armies throughout world history been 
stopped in those mountains, you have to come from the north.
  If you come from the north you have Romania and Hungary drawn into 
the war. You have a problem of coming through Belgrade and northern 
Yugoslavia and then us owning northern Yugoslavia as well as the 
autonomous republic of Kosovo.
  It is not winnable on the ground. The American people need to be told 
that if we go to a ground war, between 20 and 50,000 Americans are 
going to lose their lives. We have to understand what we are faced with 
here. We bluffed. We should not bluff when we do not have the ability 
to execute. It is time to cut off the funding for this war.

                          ____________________




                       ILLEGAL IMMIGRANTS IN GUAM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Guam (Mr. Underwood) is recognized for 5 minutes.
  Mr. UNDERWOOD. Mr. Speaker, this is the third time in 3 weeks that I 
have taken the opportunity to give a special order on an ongoing crisis 
in my home island of Guam, and this pertains to the continuing arrival 
of illegal immigrants from the People's Republic of China.
  During this past week, there was yet another 200, over 200 illegal 
immigrants who have arrived. On October 23, 175 were apprehended off of 
Guam's waters and on April 28 another estimated 100 were apprehended 
near Guam's shores by the U.S. Coast Guard.

                              {time}  1345

  The number of apprehended illegal immigrants from the People's 
Republic caught near Guam is now well over 700 this year. A couple of 
weeks ago I informed this body and I have informed the administration 
about the inhuman ramifications of this smuggling trade in human beings 
into Guam.
  These people are being smuggled in by Chinese crime syndicates which 
charge them anywhere from $10,000 to $30,000 each. They set sail in 
squalid quarters meant to survive, in a vessel that is meant to survive 
a one-way trip in open ocean for over 10 days from the Fukien Province 
inside China to Guam, near Guam, and the Mariana Islands.
  Upon successfully completing the trip, they are then, if they are 
successful and if they land on Guam, invariably they are successful in 
getting some kind of asylum, they are made into indentured servants for 
many years to work to pay off their debt to the smugglers who have 
brought them into the United States.
  This is very unlike other economic refugees or even the border 
crossings that we see on our southern border. This is clearly a 
smuggling trade in which these people who are making the journey are as 
much victims as the people of Guam are being victimized by this trade.
  According to the INS officer in charge on Guam, Mr. David Johnston, 
the waves of illegal immigrants will not stop. We are faced with a 
phenomenon that will not stop unless we change the applicability of 
Federal law to Guam, in the case of immigration, the application of the 
Immigration and Naturalization Act, and unless we make it apparent to 
the Chinese smuggling crime syndicates that this will no longer be a 
profitable trade for them.
  There is a way out which has been utilized by the administration, a 
process which I fully endorse, and that is to take these people and 
instead of moving them to Guam, to take them up to the Commonwealth of 
the Northern Mariana Islands, another U.S. territory, but interestingly 
a U.S. territory in which the application of the Immigration and 
Naturalization Act does not fully apply.
  So what that means is that when these people are taken to the 
Northern Marianas, what happens is that they do not have the right to 
all the kinds of asylum which is generally available in Guam or any 
other U.S. territory. It is anticipated that from there they can be 
repatriated back to China within weeks rather than the 2 years it takes 
to adjudicate asylee cases, in which case most of the time they are 
generally released into American society.
  So as a consequence of this the Coast Guard has been taking and 
trying to interdict these vessels in the open ocean and moving them to 
the Commonwealth of the Northern Mariana Islands through the 
collaboration and cooperation of Governor Tenorio and other officials 
there, and for that at least the people of Guam are grateful, and we 
certainly endorse this policy, this practice which has been implemented 
by the Clinton administration.
  Illegal immigration into the United States is a Federal 
responsibility. Because of Guam's proximity to Asia, it is incumbent 
that Federal agencies assist the Government of Guam in combating this 
serious problem on our shores. It is important to understand that Guam 
is only 212 square miles in size and our population is only 150,000. 
Any significant increase in the immigrant population on the island has 
significant social and financial repercussions because of our 
financial, current financial conditions which are affected by the Asian 
economic crisis, and because we do not have the alternative resources 
available for noncriminal alien immigrants that are generally available 
in the U.S. mainland.
  The financial strain on Guam's resources are tremendous. I hope that 
we can find a way to reprogram some $10 to $15 million to take care of 
this problem on Guam and to reimburse the Government of Guam for costs 
that have already been expended on this crisis.

                          ____________________




         A PEACEFUL RESOLUTION TO THE SITUATION IN THE BALKANS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Washington (Mr. Metcalf) is recognized for 5 minutes.
  Mr. METCALF. Mr. Speaker, I hope we are all here well informed of the 
efforts of our colleague, the gentleman from Pennsylvania (Mr. Weldon), 
to bring about a peaceful solution to the situation in the Balkans. In 
the light of yesterday's votes on the Balkans, I

[[Page 7891]]

believe this effort should be immediately embraced by the 
administration.
  Mr. Speaker, I am astounded that the administration choose not to 
support the attempts of the gentleman from Pennsylvania (Mr. Weldon) at 
finding a peaceful solution to the crisis in Kosovo. The decision by 
the administration leads me to reluctantly conclude that they are 
determined to prosecute a war in Kosovo regardless of costs. The 
attempt by the gentleman from Pennsylvania (Mr. Weldon) in coordination 
with the Russian Duma should have been wholeheartedly embraced by this 
administration as a means to ensure the safety of not only the 
Kosovars, but our men and women in uniform carrying out the NATO 
mission. I can think of no reason why the administration would reject 
the efforts of the gentleman from Pennsylvania (Mr. Weldon) and the 
members of the Russian Duma. The agreement, if successful, would 
establish a cease-fire under conditions first proposed by the NATO 
countries.
  Now, if the NATO requirements were dismissed in the proposal and 
unsatisfactory ones drafted, I could understand that the administration 
would be unable or unwilling to support it. But a rejection of a 
potential agreement with the NATO conditions as a prerequisite is 
unimaginable.
  It is essential for this Congress to accept its responsibility to our 
men and women in uniform and ensure that their safety is the paramount 
concern of the United States. Unfortunately, with the administration's 
rejection of the potential peace initiative I cannot be sure that it is 
theirs.
  The United States does not have a vital interest in the Balkans. We 
have not been presented with clear objectives, any specific mission or 
even a coherent exit strategy. Now the administration is choosing 
military action over peace.
  Mr. Speaker, I encourage all my colleagues to support the efforts of 
the gentleman from Pennsylvania (Mr. Weldon) in the Balkans.

                          ____________________




                         THE HIGH TECH ECONOMY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Washington (Mr. Smith) is recognized for 5 minutes.
  Mr. SMITH of Washington. Mr. Speaker, the fastest growing segment of 
our economy has been the high tech segment of our economy driven mostly 
by computers, software, the Internet, biotech, and also the products 
that our increasing technology enables us to create. It is what has 
been most responsible for the strong economy we have enjoyed in the 
last 7 or 8 years and, more importantly, will be the cornerstone of 
what the future is going to hold. The more we can do to move the high 
tech economy forward, the more jobs that we could create and the 
stronger an economy that we can have.
  Now we deal with a lot of complicated issues in Congress. Mostly our 
goal is to try to improve the lives of the people we represent. There 
are a lot of very strong difficulties in doing that, but the one thing 
that most clearly, positively affects the lives of the people all of us 
represent is a strong economy. That is means opportunity, opportunity 
for good jobs and a decent wage so that you can take care of your 
family and build for the future. High tech is critical to that.
  That is the first component of what I want to talk about, the high 
tech economy. The second component is exports and basically creating 
markets for our goods, specifically for our high tech goods. Ninety-six 
percent of the people in the world live someplace other than the United 
States of America.
  Now in the U.S. we still manage to consume 20 percent of the world's 
goods, services and products, so what that means is if we are going to 
have growth in any aspect of our economy really, not just the high tech 
aspect, we are going to have to look overseas. We are going to have to 
look to that other 96 percent of the world out there and increase their 
consumption of our goods.
  Bottom line: Increase exports, and in particular, increase exports of 
high tech products. Those are the two things that need to come 
together, the importance of getting at that 96 percent of the rest of 
the world and the importance of continuing to allow our high tech 
economy to thrive. If that high tech economy is going to thrive, we are 
going to have to get access to those other markets. Our companies in 
this country are going to have to get access to those other markets for 
one central reason, that we are the leaders in most aspects of the high 
tech economy.
  We are far from alone. Countries throughout the world are developing 
their own Internet technology, their own telecommunications technology, 
their own software and hardware technology. We have competitors out 
there, and if they have access to markets that we do not have access 
to, that is inevitably going to catch up with us. It is going to give 
them the ability to grow and prosper and then feed more money back into 
research and development to develop the next best product, and in the 
high tech community, as my colleagues know, today's best product could 
be just totally out the window tomorrow as technology leaps ahead. You 
have to be the one in the position to leap ahead, and to get there we 
have to give our high tech products access to those foreign markets, 
and we are failing in three areas right at the moment.
  Number one, we have too many broad based economic sanctions that are 
unilaterally imposed by our country. We unilaterally decide that our 
country's companies will not be allowed to do business with dozens of 
other countries for dozens of other reasons. This does not work because 
while we make that unilateral decision, our competitors do not. Our 
competitors sell products to those same countries, so we do not have 
any impact on the country that we are trying to impact except to force 
them to buy good goods from our competitors.
  But two other areas are specifically problematic for the high tech 
community. One is encryption software, and skipping a complicated 
analysis, encryption software is basically the software that enables 
you to protect whatever is on your computer, to make sure that only you 
can see it and no one else can. This is very important for a variety of 
reasons, privacy reasons but also competitive reasons.
  Any computer technology, computer product, software product that is 
sold requires top-of-the-line encryption technology, but our country 
does not allow our companies to export top-of- the-line encryption 
technology. We place caps on how much of it can be sent out, depending 
on the product and depending on the service. That puts us at a 
disadvantage with our competitors and gives them a chance to get ahead 
of us in the high tech economy and jeopardizes future economic growth.
  We do this because we are concerned about the national security 
implications of encryption technology, and they are there, there is no 
question. The better encryption technology you have, the better you are 
able to either protect your national security or breach somebody 
else's. The mistake we made is in assuming that by placing controls on 
the export of our companies' encryption technology, that somehow stops 
the rest of the world from getting it.
  Encryption technology can be downloaded off the Internet. Dozens of 
other countries sell and export top-of-the-line encryption technology. 
All we do is place ourselves at a disadvantage and in the long run hurt 
our national security interests. We hurt them because we hurt our own 
companies' ability to be the leaders in leap-ahead technology. There 
was a great relationship in this country between the National Security 
Council, the FBI and our high-tech companies. They can work together to 
develop the best products to help with our national security concerns, 
but not if the company developing the best technology is from China or 
Germany or even Canada. They do not have the same cooperative 
relationship with the FBI that our own companies can have. We need to 
change encryption technology export, for the good of our economy and 
for the good of our export sector.




                          ____________________


[[Page 7892]]


                    INTERPRETING THE VOTES ON KOSOVO

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Sherman) is recognized for 5 minutes.
  Mr. SHERMAN. Mr. Speaker, the subject that is on all of our minds is 
the fight in Kosovo, and I would like to focus on properly interpreting 
the votes of yesterday and looking to what our opportunities for 
solving this crisis might be tomorrow.
  Yesterday was a momentous day in the history of this House. First, we 
voted with an over 60 percent vote that the President should not send 
major ground forces into Kosovo without the approval of this House.
  Now it is fair to point out that there were those on the other side. 
They argued that Congress should not have a role in determining whether 
ground forces are deployed. They argued that our enemies would tremble 
in fear if they knew that one man, the President of the United States, 
without the approval of Congress, could deploy 100,000 American 
soldiers.
  Mr. Speaker, I would tremble in fear, and the founders of this 
republic would tremble in fear if it was thought that one man, without 
the approval of the representatives of the people, could send 100,000 
of our men and women into battle.

                              {time}  1400

  But the fact that Congress insists upon approving in advance any 
deployment of ground troops does not mean that Congress has prejudged 
the issue.
  Whether this country supports ground troops will depend, in my 
opinion, on what we discover is happening to the men of Kosovo. Because 
the refugees come out, the women, the children, the old men, but the 
younger men and the middle-aged men are left behind. They may join the 
KLA, and that is their right; they may be detained, and that is not 
something that would cause incredible outrage. But if we discover, as 
so many fear, that the men of Kosovo are being systematically 
slaughtered, then there will be an outcry throughout Europe and the 
United States, and it is possible that this House would authorize the 
use of ground troops.
  Second, and I think most telling, we voted 2-to-1, and that is very 
rare in this House, by a 2-to-1 majority against ending all 
hostilities. In doing so, we made it clear that America is not simply 
going to shrug our shoulders and walk away. This is the most important 
vote, and the vote that should be focused on by Belgrade.
  The third vote, and, unfortunately, the vote that is getting the 
press, was a vote of 213 to 213 as to whether this House would go on 
record authorizing the air strikes.
  Now, our own press is misinterpreting this vote, for it came just a 
few hours after, by a 2-to-1 majority, my colleagues and I voted not to 
stop what is going on now. We are not fools. What is going on now is an 
air campaign, and our decision not to stop it should have been read as 
a decision to go forward, at least for the present time.
  But our own press, let alone the people in Belgrade, misinterpret the 
last vote yesterday, because they fail to account for two groups that 
voted against the resolution. One was a group, unfortunately, of some 
of my Republican colleagues, who, while they support continuing the air 
campaign, oppose saying anything good about anything President Clinton 
has ever done. It is not a secret even in Belgrade that President 
Clinton is not popular in the Republican Caucus, but that does mean 
that this people or this Congress wants to stop action and let 
Milosevic have his way.
  Second, there were a group that I respect immensely who looked at 
some of the hidden possible legal implications of that resolution. They 
noticed that under the War Powers Act there may be a challenge to any 
attempt by the President to put in ground troops without the approval 
of this House, and that there is some judicial writing to the effect 
that if Congress authorizes any kind of force, that we are in no 
position to limit any other kind of force.
  Properly interpreted, the votes of yesterday are clear: We should 
proceed to work to put Kosovars back in their homes in security and 
peace, and I addressed the House earlier on some of the more creative 
ways to try to accomplish that.

                          ____________________




    EXEMPTING U.S. FOOD AND MEDICINE FROM UNILATERAL TRADE SANCTIONS

  The SPEAKER pro tempore (Mr. Simpson). Under a previous order of the 
House, the gentleman from Texas (Mr. Stenholm) is recognized for 5 
minutes.
  Mr. STENHOLM. Mr. Speaker, I want to use these 5 minutes for purposes 
of commending the administration's announcement of yesterday in which 
they are exempting food and medicine from unilateral trade sanctions. 
This has a possible immediate and positive impact on agriculture 
exports of wheat, rice and corn.
  The United States agricultural producers, and we will hear a little 
bit more about that in the next hour, have faced a lot of problems with 
trade barriers imposed by other countries; but United States sanctions, 
when we and some who believe that our own policies can be put forward 
by denying shipment of food and medicine to countries, that too becomes 
a sanction or a trade barrier.
  We have clearly proven, I think, over the last several years that 
sanctions do not work; they hurt producers, and they hurt those that we 
do not intend to hurt. I think that we can find much more effective 
ways to implement foreign policy.
  Therefore, the new policy, which is part of the administration's 
long-term review of sanctions, which is intended to ensure 
effectiveness of economic sanctions, is designed to minimize the cost 
to United States' producers of anything and maintain the reputation of 
the United States as a reliable supplier, something that often gets 
overlooked by some who believe that these actions, as they result in 
what is perceived to be in the best interests of the United States, 
often do not accomplish that which was intended.
  A recent report from the President's Export Council showed that more 
than 75 countries may be subject to sanctions. In 1995, sanctions cost 
America $15 billion to $19 billion and affected 200,000 to 250,000 
export-related jobs.
  Speaking specifically of agriculture, United States agriculture 
exports account for 30 percent of all U.S. farm cash receipts and 40 
percent of all agricultural production. Sanctions and embargoes make it 
more and more difficult for farmers and ranchers to expand agricultural 
markets, particularly when the 95-96 farm bill was designed to make us 
more reliant on foreign markets. It absolutely makes no sense then to 
deny the market opportunity for our producers.
  The Departments of Commerce and Treasury will issue new regulations 
with regard to Iran, Libya and Sudan. The Departments of State and 
Treasury must review the pending applications for agricultural sales to 
Iran.
  On January 5, policy changes were made to authorize case-by-case 
licensing of food and agricultural imports to Cuba. Congress would have 
to amend current law to change this policy, and it is my sincere hope 
that Congress will take up through the committee process and hopefully 
through action on this floor, a sincere and open debate as to whether 
or not our policy that we have toward Cuba should in fact be revised 
along the same lines of which we are talking of other countries.
  So here today I take this minute, and I will soon yield back if I 
have any balance of time, to just say let us use this new policy to 
help our producers, in this case, move wheat, corn and rice and other 
commodities to our customers overseas, in whatever area is affected by 
these sanctions.
  It is important for this body and for the administration to think 
long and hard before we impose unilateral sanctions. Unilateral trade 
sanctions have never proven effective. When we sanction, when we deny 
markets and our friends take those markets, it only hurts producers and 
workers in America.




                          ____________________


[[Page 7893]]


   PASSAGE OF EMERGENCY SUPPLEMENTAL FUNDING FOR FARM SERVICE AGENCY 
                               NEEDED NOW

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Minnesota (Mr. Minge) is recognized for 5 minutes.
  Mr. MINGE. Mr. Speaker, I rise today to highlight the long delay in 
passing the emergency supplemental funding for the Farm Service Agency 
lending programs and FSA staffing budget.
  This is truly an emergency, in every sense of the word. Tracy 
Beckman, FSA Director in my state of Minnesota, has told me that he 
will be forced to lay off FSA employees because of the delay in passing 
the emergency supplemental. The demand for loans and other FSA services 
is skyrocketing because of the commercial banks' concern about 
declining farm incomes. Many producers are having a difficult time 
securing private sector operating loans. FSA has to step in to fill the 
gap with guaranteed and direct loans to producers. Demand for loans 
this year is up 75% from a year ago, the Secretary of Agriculture tells 
me.
  Minnesota FSA will approve more loan applications by the end of the 
fiscal year than they have funding. If this supplemental is not 
approved, they will be unable to deliver the funds to farmers because 
their accounts have run dry. Planting season has arrived, and those 
farmers without operating loans are going to be left high and dry.
  Mr. Speaker, now is the time to approve these truly emergency funds. 
We must not delay action on this matter because of disputes between 
Congress and the White House on other matters. The supplemental bill 
threatens to be bogged down with billions of non-emergency spending, 
and I worry that this may sink the ship.
  The president requested $6 billion to fund the air campaign against 
Yugoslavia. Some on the other side of the aisle want to pass as much as 
$20 billion. The Senate majority leader suggested $10 or $11 billion. I 
do not understand how funds the Administration has not even requested 
could be remotely considered emergency spending. We must remember these 
are Social Security funds we are spending here. If we are going to 
continue to claim to be fiscally responsible, we must be honest with 
ourselves about what is emergency funding and what is desirable 
funding. What ever happened to not opening the Social Security lock box 
unless it is an absolute emergency?
  I propose that we develop and pass in the shortest possible time 
frame a free standing emergency agriculture spending bill to provide 
critical guaranteed and direct operating loan funds that our farmers 
need to get into the field and the FSA staff to deliver those programs. 
These are truly emergency funding needs. We must move forward with a 
clean bill for agriculture now, and not hold hostage these funds for 
American farmers in a raid on the Social Security trust fund to benefit 
non-emergency defense spending.

                          ____________________




 APPROVAL OF FARM SERVICE AGENCY EMERGENCY SUPPLEMENTAL FUNDING NEEDED 
                                  NOW

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 1999, the gentleman from Arkansas (Mr. Berry) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. BERRY. Mr. Speaker, it is springtime in America. Normally that 
means that there is great optimism, great excitement, particularly 
among our agriculture community. Our farmers know that now is the time 
to put the seed in the ground and prepare for the fall's harvest, to 
prepare to feed this country and a good portion of the rest of the 
world.
  But, regrettably, it is a sad time in the farm community this year. 
Prices are low. We just had terrible disasters last year. We had a bad 
crop. The agriculture income is down some 28 percent.
  As I traveled the First Congressional District that I am privileged 
to represent over the last few weeks to see the distress, the 
discouragement, the despair that exists in our agriculture community 
today, it is a terrible thing.
  I rise today to once again ask the Speaker to move our agriculture 
emergency supplemental appropriations bill and provide the emergency 
loan money that this House and the Senate have both approved. It is 
absolutely unbelievable that the Speaker and the Republican leadership 
would hold America's farmers hostage as they are doing now. It is 
shameful.
  Our farmers are good, honest, hardworking people. They had a farm 
bill forced upon them in 1996 that they knew was going to be a 
disaster, and it has been. The administration, as my distinguished 
colleague from Texas (Mr. Stenholm) just mentioned, made a great step 
forward yesterday by lifting sanctions on some of our markets, and that 
is going to be very helpful. But you do not get but one chance a year 
to make a crop, and if our farmers are not provided loans and those 
loans are not provided almost immediately, within the next few weeks, 
they will not get a chance to make a crop this year. Many of them have 
already missed that opportunity.
  You cannot wait until the middle of the summer to plant a crop. It 
will be too late. You have to plant it in April and May.
  It is time for our farmers to put the seed in the ground. It is time 
for our Speaker and the Republican leadership to let this emergency 
supplemental bill be conferenced and give our farmers an even break.
  Mr. Speaker, I yield to the distinguished ranking member of the House 
Committee on Agriculture, a great friend of America's farmers and a 
great leader for America and for agriculture, the gentleman from Texas 
(Mr. Stenholm).
  Mr. STENHOLM. Mr. Speaker, I thank the gentleman for yielding, and 
would amplify a little more on what he has just said regarding the 
conference that should be going on between the House and the Senate 
regarding the emergency agriculture appropriation, a request sent here 
to this body 62 days ago from the Secretary of Agriculture, 
acknowledging that we were going to have some credit problems, that the 
amount budgeted for credit was not going to be sufficient, and, 
therefore, an emergency supplemental was going to be required.
  Everyone knows this. The House Committee on Agriculture, both sides 
of the aisle, are in agreement that these monies are needed and must be 
forthcoming, but it is very frustrating when we have already had to 
have two stopgap proposals in order to just get us to the next point, 
that we have had to have the Secretary of Agriculture juggling various 
accounts just to continue to be able to provide the service in our 
various FSA offices.
  But we are now kind of at the end of our rope. The Secretary this 
morning informed us that at the end of the close of business today 
there would no longer be the ability to accept applications for loans. 
This week we have averaged 150 applications per day. This is four times 
the normal demand for FSA loans.
  It is really inexcusable that, for whatever reasons, the conferees 
have not been able to come up with an acceptable compromise that would 
allow the House to work its will. I know that there are budget 
considerations, and I remind everyone, including myself, when we are 
talking about expenditure of emergency funds, whether it be for 
agriculture, for Kosovo, or for any other purpose, for Central America, 
the emergency that has already been created there and which is also 
pending, something which needs to be taken care of, all of these 
dollars are Social Security Trust Fund dollars.

                              {time}  1415

  I see we have been joined by our friend from Michigan (Mr. Smith), 
and he and I and others have been working and trying to come up with 
proposals in which we might deal with the Social Security problem. I 
welcome his efforts there, and I appreciate his welcoming of mine.
  But when we talk about this particular proposal today and the state 
of agriculture, we go into it with our eyes open. That is why the 
gentleman from Arkansas (Mr. Berry) and I, and I believe the gentleman 
from Michigan (Mr. Smith) joined us in this, in support of the Blue Dog 
budget, if memory serves me correctly, and recognizing that there were 
going to be some additional needs, and we proposed to budget for them. 
The good news was that we

[[Page 7894]]

had a majority of Democrat supporters, 26 Republican supporters; the 
bad news is it takes 218 votes to do it. I understand that.
  But having said all of this, that gets us right back to what the 
gentleman from Arkansas (Mr. Berry) was saying a moment ago. We have a 
crisis, it is really inexcusable, and it is one of the reasons the 
American people get so frustrated with all of us, because of our 
seeming inability to make timely decisions.
  One of the decisions that could be is that we do not want to fund 
this. That would be one of the decisions. If a majority of the House 
say these are monies we should not expend, these are loans we should 
not make, therefore let us not approve it, I can accept that. Mr. 
Speaker, a 218-vote decision by this body saying these loans should not 
be made would be a perfectly logical, legitimate decision of this body 
to be made. But what is inexcusable is to not make the decision because 
somebody is not able to please somebody within somebody's conference or 
caucus, and that is what is going on. We would like to see this come 
forward, deal with it in an open and honest way.
  I yield back now to the gentleman from Arkansas, and if there is any 
time additionally I will have a few other comments to be made.
  Mr. BERRY. Mr. Speaker, I thank my colleague from the great State of 
Texas. I now yield to our distinguished colleague, the gentlewoman from 
North Carolina (Mrs. Clayton).
  Mrs. CLAYTON. Mr. Speaker, I thank the gentleman for conducting this 
Special Order. I am delighted to see the gentleman from Michigan (Mr. 
Smith) is joining us, as we work together on a budget on Social 
Security.
  Mr. SMITH of Michigan. Mr. Speaker, if the gentlewoman would yield, I 
just want to say that I come in support of preserving American 
agriculture, because generally in this Congress, in this Nation, it is 
not a partisan issue. I say this with some emotion, because we have a 
serious challenge facing traditional agriculture in the United States.
  Other countries are doing everything they can to protect their 
farmers. We have been somewhat carefree in saying we should go to a 
market system and therefore, it is up to whatever the market might bear 
on American farmers. That is fine if the, if you will, playing field 
were level, but if other countries are going to subsidize their farmers 
to protect their farmers, that becomes an ultimate competitive 
disadvantage to our farmers, and then we have to be more aggressive in 
making sure that we preserve our agriculture.
  Mr. Speaker, I appreciate my colleagues allowing me to interrupt.
  Mr. BERRY. Mr. Speaker, I appreciate the comments from the 
distinguished Member from the State of Michigan.
  Mrs. CLAYTON. Again, Mr. Speaker, I appreciate the gentleman's 
leadership in this area and for providing this forum for us to urge the 
House and the leadership of the House to act.
  I think we all recognize that there is an emergency. We all 
acknowledge that our farmers are very important to us. We all 
acknowledge that they provide the basics for life, food and fiber, and 
we know they are suffering. In fact, there is a farm resource center 
which is a national crisis line for farmers where they call to get 
help. However, when the farmers call, the line is busy because so many 
farmers are calling for help. And this Congress also shows a busy 
signal. We are not listening to our farmers.
  I share the observations of the gentleman from Texas (Mr. Stenholm) 
who said there is a level of frustration and a belief that we are 
insensitive to their plight. I urge this Congress, I cannot beg any 
more severely than I know how, that our farmers are hurting, they are 
hurting. It will be too late to wait until they go out of business to 
help them. We want to help them to be viable farmers, vigorous, 
profitable people who can make a contribution.
  Farmers do not want to be dependent on the United States; however, 
they would like to think that the government understands their value in 
this economy. They would like to think that their government has not 
turned their back on them. They would like to think that they can 
prosper in this robust economy, which they are not. All they are 
asking, all the President has asked is for $1.1 billion to speak to the 
credit crisis, a credit crisis that will speak to the current need.
  Now, I want to tell my colleagues there is a credit crisis even more 
severe than the current need, and later on I certainly will be 
considering again a credit provision in the legislation that would 
speak to some of the disadvantages written into the 1996 farm bill that 
denies people a second chance, denies that they might have been in a 
disastrous area, denies them having an opportunity for a direct 
operational loan, and also to amend the shared appreciation agreement. 
Those are structural things that we need to do.
  But the emergency, the emergency is now, and in fact I was told 
earlier this morning this is the 62nd day, I say to my colleagues, that 
this has been on the floor. The House passed it, the Senate passed it. 
We just cannot get together. So I want to urge Members of Congress who 
care about farmers, but if they do not care about farmers, just care 
about themselves, care about being able to have available food, quality 
food at an affordable price. These farmers provide that for us. The 
consumers are interdependent on the survivability of farm families and 
farm communities. We are one Nation, and food adds to our national 
security. So we should not be misled.
  This is not something we can put under the rug; this is not something 
we can ignore. Everyday we ignore it, we ignore it at our peril. 
Certainly our farmers are going under, but we are tied to them, and to 
the extent we understand that, we would have a chorus of people crying 
out, saying help our farmers, because when we help our farmers, we help 
ourselves and we help our Nation.
  Again, I say to the gentleman, I just appreciate his leadership and 
allowing us to cry out to say we really need this emergency 
supplemental and we need it now. We do not need it 2 months from now. 
Planting time is going on right now.
  I can tell my colleagues, the census was taken recently, the farm 
census, and in 1997 they found out from a 5-year period in North 
Carolina, and North Carolina may be handling this crisis a little 
better than some, but over a 5-year period we were losing one farm per 
day. That has nothing to do with the suppression and the depression of 
prices. Add that to the mix.
  Then we begin to understand the severity of the problem of big 
farmers, small farmers, family farmers, individual farmers, young 
farmers, old farmers, black farmers, minority farmers. All of them are 
suffering, and to the extent that we can understand that we are tied to 
their survival or the lack thereof, I think we would be incensed. There 
is a time when we should be outraged at something, and I am trying to 
build that outrage in this Congress that we ought to all join together 
and make sure we have an opportunity to respond.
  This is truly a crisis; it is a crisis, it is an emergency. It is 
truly an emergency. We should treat it as an emergency. We do not just 
say it in words, we act it out. We say we love our farmers. Well, where 
is the proof of that? And if it is an emergency, why are we talking 
about an offset? Why are we putting this emergency behind all of the 
other emergencies? Now, truly our military and our national defense is 
an emergency, but I do think that farmers should, which was already on 
a schedule, should now be set aside for this. We can do both. We have 
the capacity to respond to both of those. We are not limited. The only 
thing we are limited by is our political will. The only thing we are 
limited by is our vision of how we are so tied together.
  So I cannot urge my colleagues strongly enough that this is indeed a 
serious matter and we are all tied to this. Not just those of us who 
live in rural areas, but our national security is tied to our ability 
for our farmers to grow and produce very basic food and fiber that they 
do so well, not only for this country but much of the world.
  Mr. BERRY. Mr. Speaker, I thank the gentlewoman from North Carolina,

[[Page 7895]]

not only for her remarks but for her great leadership as the ranking 
member on the Subcommittee on Government Operations of the Committee on 
Agriculture.
  I now yield to the distinguished gentleman from North Dakota (Mr. 
Pomeroy).
  Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding. I would 
echo the comments so ably made in the course of this Special Order 
about the crisis in agriculture. The crisis is a deep, threatening 
crisis that will in North Dakota cause more families to leave their 
farms in search of other work than we have seen in many, many years. I 
have with me just some photocopies of auction bills.
  We are seeing an awful lot of these auction bills, and for those not 
from farm country, they may not realize that each of these represents 
the end of a family tradition, heritage, history. Farms that have been 
in the land and under constant cultivation for more than the last 100 
years, farms continuously held by families since the prairie on the 
Northern Plains was broken, now going under because of inadequate 
prices, because of a farm program that is not working anywhere near 
what was promised when it was passed in the 104th Congress. As a 
result, as a result of the loss of profitability in agriculture, we do 
not just have people selling out, we have other people knocking on the 
door of their banks for credit and being turned away.
  Now, the funds that are at issue for agriculture lending, that we so 
critically need in this supplemental appropriation, are required 
because they are available to guarantee credit privately offered 
through banks to farmers, as per the Federal programs to provide that 
kind of credit guarantee, keep the credit available for farmers, or 
funds directly lent by the farm service agency itself, the lender of 
last resort for farmers. Well, believe me, this is the last resort, and 
that is why they are calling, calling to the tune of 150 a week.
  In fact, the statistics from the U.S. Department of Agriculture are 
that they have received more than 8,000 loan applications since the 
supplemental request for additional loan money was sent up to Congress 
on February 26, 62 days ago.
  Our new Speaker, Dennis Hastert, is from Illinois. He knows 
agriculture. They have an awful lot of agriculture in Illinois. He 
knows one thing, that between now and February 26 when this first 
request came up, that has been planting season, a very critical time in 
a farmer's year. You go to the bank and get the loan, the operating 
loan. With that loan you buy seed, fertilizer, gas for the tractor. You 
go and put in the crop, but you can only put in the crop if you get the 
essential operating capital for the beginning of the crop year. What 
happens if Congress continues to wait, if Speaker Hastert continues to 
fail to lead, to bring this bill to the floor so we can get the money 
out there, is the window will close.
  I represent North Dakota. It has one of the latest planting periods 
in the country because of our northern location, and yet even in North 
Dakota we are seeing the window come perilously close to shutting 
altogether because we have failed to act on this supplemental.

                              {time}  1430

  I cannot think of a more heedless, tone-deaf signal for the Congress 
to send to the farmers of this country than to dilly-dally around, play 
politics, wring our hands so piously during our trips back to the 
district during the weekend about our concern for farmers, but fail to 
pass the essential operating loan money they need until after the 
period has passed and they can no longer get their crops in the ground.
  That would really be the limit. Unfortunately, we are reaching the 
edge of that limit by Congress' failure to bring up the agriculture 
appropriations supplemental. We are putting farmers, individual 
families that have farmed for generations, in the circumstance where, 
even as the clock is tolling relative to making essential spring 
planting decisions, they do not even know whether they will have the 
financing capital.
  I cannot think of a more cruel hoax to play for farmers, dangling the 
prospect out there that we will be there to help them, but then somehow 
getting too politically distracted in our own internal partisan warfare 
that seems to have taken on its own reality, irrespective of the real 
needs of this country and the people we represent.
  I ask the gentleman from Illinois (Speaker Hastert), I hope the 
gentleman is listening, because he owes this body more, he owes our 
Nation's farmers more. When the gentleman fails to lead, others take 
over. The way others are running this place, they are not responding to 
the very real needs of the American people that we represent, and in 
this case, the needs of the American farmer, farmers that the Speaker 
knows very well because of his long, distinguished representation of 
the State of Illinois.
  I cannot for the life of me understand what is going on in the 
Speaker's mind to let this situation linger and to leave our farmers in 
this kind of predicament.
  I have now heard that they are seriously considering bringing funding 
for the Kosovo campaign to the floor without addressing the needs of 
our farms. I think that, without question, the NATO involvement, the 
expense of U.S. participation in the NATO involvement is a legitimate 
exercise and obviously requires additional financial support, 
appropriately passed on an emergency basis.
  But this crisis halfway around the world is no more important in the 
scheme of things to our country than the crisis right here at home on 
our farms. To leave the plight of our farmers behind as we respond to 
situations across the world would be the absolute height of 
foolishness.
  I would implore majority leadership to think again and not address 
Kosovo without addressing our farmers. On April 26 of this year we sent 
a letter to the Speaker, signed by almost 30 members of both political 
parties, urging the action on the agriculture supplemental 
appropriations.
  This is a bipartisan appeal from farm country, Mr. Speaker, so that 
the Speaker might be able to bring up the appropriations so desperately 
needed by our farmers. Do not leave our farmers out, even while we 
respond to situations halfway across the world.
  I would be happy to entertain a dialogue with the gentleman from 
Arkansas (Mr. Berry), a further discussion on the critical need facing 
our farmers and why Congress has to act now.
  Mr. BERRY. Mr. Speaker, I thank the distinguished gentleman from 
North Dakota, and I appreciate the comments he just made. Certainly all 
of us that represent major agriculture-producing areas are mystified by 
the actions of the Speaker and the Republican leaders on this matter, 
and hopefully very soon this will be resolved. It is so irresponsible 
for us to leave America's farmers twisting in the wind while we play 
partisan politics.
  Mr. POMEROY. If the gentleman will yield further, Mr. Speaker, these 
loan applications have been mounting in the FSA offices in counties 
across North Dakota. Farmers turn away from their banker, come in to 
FSA, put in the application, and they evaluate whether the application 
is creditworthy or not. We cannot make loans that are not creditworthy, 
but so often the case is they are creditworthy loans that should be 
financed if the loan money was available.
  We now have stockpiled, in other words, applications filed that 
cannot be funded, $45 million worth of loan requests. If the gentleman 
wants to calculate how many farmers are waiting, holding their breath, 
not knowing whether they will be in the field or selling out in just a 
month, we just have to figure how many loans, how many farmers can be 
served by $45 million.
  Farming is an expensive business, but there are a whole lot of 
operating loans represented in that size of capital, and that is just 
North Dakota alone. Across the country, they reckon

[[Page 7896]]

that this $1.1 billion in additional lending authority that funding the 
agriculture supplemental will make available will be literally 
thousands, thousands of family farmers that are either reduced to 
auction sales, or on with the business of farming, the business that is 
their profession, the business that has been their family's heritage. 
That is really what it all comes down to.
  Sometimes I think that we get so wrapped up, and in fact, the venal 
partisanship of this place has absolutely taken over our ability to see 
reality anymore, and we spend all our time thinking about how we can 
jam the other side and utterly quit thinking about what ought to be job 
one for us, and that is serving the interests of the people that 
elected us to these offices.
  There is nothing Republican or Democrat about a farmer being able to 
get the loan money they need to get in the field. There is not a 
Republican ideology or a Democrat ideology on this loan request, this 
funding request sent up by Secretary Glickman in February that would 
make this funding available for these farm loans.
  Why in the world one would take the plight of family farmers and put 
them in the middle of this vicious, disgusting, unworthy partisan 
contest is beyond me.
  But I will tell the Members this, the gentleman from Illinois 
(Speaker Hastert) owes us better. He is the Speaker. He is the leader 
of this Chamber. He is the leader of the Republican Party, not the 
majority whip. It is time for this Speaker to stand up and be counted. 
It is time for this Speaker to lead, and to lead on behalf of the 
farmers that are in his State of Illinois and in my State of North 
Dakota and the gentleman's State of Arkansas and all across this 
country.
  Until he does that, every day the planting deadlines are passing for 
some farmers in more southern latitudes than North Dakota, and if we do 
not act soon, it is going to be too late for all of us.
  Mr. BERRY. Mr. Speaker, as the gentleman from North Dakota knows, I 
am a farmer myself. There is not a more frustrating time than in the 
springtime when you cannot get in the field. To be in a position where 
you have the weather to plant but you cannot plant because you have not 
got a production loan is the most frustrating situation that a farmer 
can be in.
  I think that for us to allow them to twist in the wind, not be 
responsive, not fulfill the obligation that this body has to react and 
take care of the business of the country is highly irresponsible.
  As it was just mentioned by our colleague, the gentleman from Texas, 
it is no wonder that the American people question how responsible the 
Congress is, because we do things like this.
  Mr. POMEROY. If the gentleman will continue to yield, Mr. Speaker, I 
wish some of the Members that have worked so hard to keep this from 
coming to the floor would have their own paychecks in the same kind of 
uncertainty that we have placed these farmers.
  I wish they would get up in the morning, sit at the breakfast table 
drinking coffee with their wives, not knowing whether or not they would 
be able to get a crop in the field in a few weeks, whether or not they 
would have their job, whether or not they would be able to provide for 
their family.
  Maybe then some of these Members that are working so hard to ignore 
the plight of our farmers in favor of partisan games, if they had the 
same kinds of uncertainties our farmers were dealing with, they would 
not be quite so cavalier.
  Because what we are doing to people is absolutely cruel. We have got 
people that will not know, they cannot know today whether or not they 
will be able to keep this farm going, the farm that has not just been 
their life's work, but was their daddy's before that and their 
granddaddy's before that; literally generations of family tradition 
resulting in the livelihood for these farmers, the way they provide for 
their families and put shoes on their kids' feet, and they do not even 
know whether they will be able to keep at it one more growing season 
because this Congress is playing party politics instead of kicking out 
the loan money as requested by Secretary Glickman. I simply do not 
understand it.
  Mr. BERRY. Mr. Speaker, I thank the gentleman from North Dakota, and 
yield to the gentleman from Texas (Mr. Stenholm).
  Mr. STENHOLM. Mr. Speaker, it sounds like we might have been a little 
critical of the Speaker and the leadership in the House today. We have. 
I always believe if we are going to be critical, we ought to offer a 
suggestion of what should be done. Let me make one observation of what 
I think should be done. It should have been done today, but we cannot 
do it today. We are out until next Tuesday.
  Next Tuesday, Mr. Speaker, I hope that the Speaker would see fit to 
bring the Kosovo $6 billion emergency request from the administration 
to the floor of the House. It is an emergency, and a legitimate one.
  I would like to see the Speaker bring the Central American emergency 
funds in that same package. I would like to see the Speaker include the 
agricultural fund in that same package, and give this body an 
opportunity to vote on those as emergency spending, which they are, 
under the Rules of the House which we agreed to in the 1997 budget 
agreement.
  There is an additional request now for defense funds that I am 
supportive of, but not as an emergency. I think they ought to be 
considered in the due process of the appropriations process for this 
year, but if we see fit, because there might be a need to do it now, do 
it now, but do not affect the caps. Allow those to be counted against 
the caps, whether we do it next Tuesday or not.
  That would be just my personal suggestion to the leadership of what 
could be done that would resolve this issue, and do it in the way in 
which it ought to be done. Any other spending other than those 
associated with the agriculture request should not be declared an 
emergency.
  I would again point out that those of us who supported the Blue Dog 
budget, the majority of Democrats, we budget for this. This is not 
something that will break the budget, as visioned by the Blue Dog and a 
majority of the Democrats in this House.
  That is a suggestion. I hope the Speaker does it next Tuesday, 
because if we do, hopefully at that point can move quickly and before 
the end of next week we can resolve this question and avoid further 
inconveniencing so many family farmers that will be inconvenienced 
because we have been unable to deal in a rational way with this 
situation.
  If I might, just for a moment, switch subjects and talk about another 
very important happening this week for agriculture, the gentleman from 
Arkansas (Mr. Berry) and I about a year ago requested a meeting with 
the Vice President of the United States to express our concern of the 
implementation of the Food Quality Protection Act, something that deals 
with the technology that is used by our farmers and ranchers that 
allows us to always say to the American people and to the world that, 
are we not blessed to live in a country that has the most abundant food 
supply, the best quality of food, the safest food supply to our people 
at the lowest cost of any other country in the world? And we do this 
because of the utilization of technology.
  In our visit with the Vice President, we pointed out that there were 
some at EPA that were interpreting the law as passed by the Congress in 
ways that was going to be very detrimental to production agriculture. 
He agreed, and for the last year we have seen continuous improvement. 
We have seen EPA and USDA begin to work together, which the Vice 
President suggested should be done.
  It is amazing to me that we would have to have a Vice President of 
the United States instructing two agencies of the United States 
government to work together. But he did, they did, they are, and it is 
working.
  There was a track committee put together, a committee of about 54 men 
and women, producers, chemical companies, environmentalists, consumers, 
all who have a vested interest in seeing that these decisions are made 
based on sound science and in the best interests

[[Page 7897]]

of consumers. This committee has been working until last week, when for 
some strange reason the environmental community and the consumer 
community decided to pull out of the discussion.
  I encourage them to come back to the table, come back to the table 
and continue to do as they were doing over the last year, working in a 
constructive way in order that we might in fact continue to have this 
most abundant, safe food supply.
  Please, do not be, as some are accusing you of, of saying because you 
cannot have your way, I am going to take my bat and ball and go home. 
Please come back to the table. Please come back to the discussions, and 
let us make sure that all decisions, though, are based on sound 
science, not on an individual interpretation of what is good and bad.
  There are those among us who believe that pesticides, those things 
that kill insects, should not be used because if used improperly, they 
will kill humans. Everyone agrees to that. But everyone does not agree 
that we ought to eliminate pesticides, because if we would eliminate 
the technology, we would not have the best-fed Nation. In fact, we 
would have a starving world in a very short period of time.
  One of the things the Vice President instructed us all to do is to 
have these discussions in the open, in sunshine, in transparency, as 
the word is called. Let everyone present their views.
  This seems to be what is bugging some folks in the environmental 
community. They do not want to have to honestly debate their views with 
others in the scientific community who may have a different view.

                              {time}  1445

  I know the gentleman from Arkansas has been a real leader in this 
effort, for which I have commended him. I was glad to work with him all 
of last year, and I know he shares this frustration. But it is 
something that we need to talk about over and over and as openly as we 
can to make sure that more of the American people understand we cannot 
have this abundant food supply without using technology.
  Both the gentleman from Arkansas and I are farmers in real life. We 
do not wish to use any product that will do harm to ourselves, our 
families, those who work for us, and certainly not to those who consume 
the products which we produce. It is in our best interest that we use 
sound science.
  We were making great progress. I do not understand why some now 
decide that they do not want to even play anymore, but I hope that they 
will reconsider that decision. If not, then I certainly hope that the 
process will go forward without them. But if it goes forward without 
them, it will not work nearly as smoothly and good for the Nation as a 
whole as if they come back to the table and work together.
  Mr. BERRY. Mr. Speaker, I thank the gentleman once again and thank 
him for his leadership and the great wisdom he brings to this body and 
the always thoughtful suggestions and effort that he makes.
  I would like now to read a statement from our colleague, the 
gentleman from Minnesota (Mr. Minge). He says: ``I rise today to 
highlight the long delay in passing the emergency supplemental funding 
for the Farm Service Agency lending programs and FSA staffing budget.
  ``This is truly an emergency in every sense of the word. Tracy 
Beckman, FSA Director in the State of Minnesota, has told me that he 
will be forced to lay off FSA employees because of the delay in passing 
the emergency supplemental. The demand for loans and other FSA services 
is skyrocketing because of the commercial banks' concern about 
declining farm incomes. Many producers are having a difficult time 
securing private sector operating loans. FSA has to step in to fill the 
gap with guaranteed and direct loans to producers. Demands for loans 
this year is up 75 percent from a year ago, the Secretary of 
Agriculture tells me.
  ``Minnesota FSA will approve more loan applications by the end of the 
fiscal year than they have funding. If this supplemental is not 
approved, they will be unable to deliver the funds to the farmers 
because their accounts can have run dry. Planting season has arrived, 
and those farmers without operating loans are going to be left high and 
dry.
  ``Mr. Speaker, now is the time to approve these truly emergency 
funds. We must not delay action on this matter because of disputes 
between Congress and the White House on other matters. The supplemental 
bill threatens to be bogged down with millions of nonemergency 
spending, and I worry that this may sink the ship.
  ``The President requested $6 billion to fund the air campaign against 
Yugoslavia. Some on the other side of the aisle want to pass as much as 
$20 billion. The Senate majority leader suggested $10 or $11 billion. I 
do not understand how funds the administration has not even requested 
could be remotely considered emergency spending. We must remember these 
are Social Security funds that we are spending. If we are going to 
continue to claim to be fiscally responsible, we must be honest with 
ourselves about what is emergency funding and what is desirable 
funding. Whatever happened to not opening the Social Security lock box 
unless it is an absolute emergency?
  ``I propose that we develop and pass in the shortest possible time 
frame a freestanding emergency agriculture spending bill to provide 
critical guaranteed and direct operating loans that our farmers need to 
get into the field and the FSA staff to deliver these programs. These 
are truly emergency funding needs. We must move forward with a clean 
bill for agriculture now, and not hold hostage these funds for 
America's farmers in a raid on the Social Security Trust Fund to 
benefit nonemergency defense spending.''
  That is the statement from our distinguished colleague, the gentleman 
from Minnesota (Mr. David Minge), and I know that he has great concern 
for America's farmers and for the future of American agriculture.
  In closing, Mr. Speaker, I would just once again make the plea to the 
Speaker to let this legislation move forward and treat America's 
farmers fairly. America's farmers are very resilient. They have great 
capacity for hard work to overcome obstacles and to achieve greatness. 
There has never been a producer of anything in this world that is as 
successful as the American farmer. They have done such an outstanding 
job that we take them for granted. They are the golden goose of 
America's economy and we should be very careful how we take care of it.
  In conclusion, I would also want to thank Secretary Dan Glickman at 
the Department of Agriculture for the great job he has done in every 
possible way to deal with this emergency situation and, at the same 
time, make available as many funds as he can to serve this program. I 
think it is a shameful thing that we have allowed partisan politics to 
bring us to this point, and I urge the Speaker to allow this 
legislation to move forward.
  Mr. Speaker, I yield to the gentleman from California (Mr. Sherman).


       Military and Diplomatic Options With Regard to Yugoslavia

  Mr. SHERMAN. Mr. Speaker, I thank the gentleman for yielding to me. I 
addressed the House earlier. I had about 15 minutes of things to say 
and lacked the conciseness and brevity to put it into a 5-minute 
speech. I guess the next thing to the capacity to brevity is to have a 
good friend who is willing to yield time.
  If I may inquire as to the level of generosity of my friend, how much 
time is remaining, Mr. Speaker?
  The SPEAKER pro tempore (Mr. Fosella). The gentleman from Arkansas 
(Mr. Berry) has approximately 20 minutes remaining.
  Mr. SHERMAN. If I can inquire of the Chair, is it necessary that Mr. 
Berry remain standing through my speech or can that be waived through 
unanimous consent?
  The SPEAKER pro tempore. It is necessary for the gentleman to remain 
on his feet.
  Mr. SHERMAN. Well, then, perhaps brevity is called for, and I thank 
the gentleman. I did not realize the imposition involved.
  Mr. Speaker, earlier today I stated that we have to reflect on the 
votes of

[[Page 7898]]

yesterday, where by a 2-to-1 majority we voted against a unilateral 
withdrawal. But this was not a ringing endorsement of our current 
military or diplomatic strategy with regard to Yugoslavia nor is it a 
call for the introduction of NATO ground troops; rather, it is 
important that we come up with additional options. I have a few that I 
believe deserve to be considered, and I thank the gentleman from 
Arkansas for giving me the opportunity to present them to this House.
  The first of these involves training, though not necessarily arming 
the Albanians, both those who are citizens of Albania and wish to fight 
for their brethren and the Kosovar refugees who have escaped from 
Kosovo.
  Now, there are objections to this strategy. They point out that there 
is an arms embargo with regard to the nation of Yugoslavia. But this 
arms embargo would not be violated if we simply provided training while 
Americans retained custody of the weapons.
  Second, the idea of just arming the Kosovars with the idea that we 
would just open up a box and distribute rifles does not create an army 
capable of defeating Milosevic. In fact, the KLA already has plenty of 
rifles from a variety of sources.
  Now, I am not saying that the time has come to turn over custody of 
artillery and tanks to the Albanians. But if Milosevic knew that we 
were training an Albanian force to use heavy weapons, then he would 
know that he was up against not only the NATO air armada, not only a 
ragtag band of lightly armed KLA guerillas, but would also know that 
soon we would be able to unleash a force of heavily armed Albanians.
  Second, I think it is important that we look at our diplomatic 
strategy and posturing. At this point we seem too tied to the intense 
vilification of Milosevic. And it is indeed tempting, for he is indeed 
evil. But let us keep in mind that we have to do business with evil 
men.
  The Government of China sent its emissary to this Capitol just a few 
weeks ago. That government is responsible for more deaths than all the 
Albanians that have ever been alive anywhere since the days of the 
ancient Eridians. Saddam Hussein, a man with much blood on his hands, 
has not been deposed by the United States and we have had to reach an 
accommodation with him. Those who say that our objective should be to 
remove Milosevic should contemplate the casualties involved in sending 
American ground troops not only into Kosovo but into Serbia.
  Mr. Speaker, our colleague, the gentleman from Pennsylvania (Mr. Curt 
Weldon), is leading a group to Vienna, and we should praise those 
efforts, because he is going to reach out to members of the Russian 
Duma in an effort to enlist Russian support for a negotiated peace. We 
should remember that negotiation involves give and take.
  All too often we focus on the results of World War II. Glorious as 
they were, they are not typical. In fact, only one of our foreign wars 
ended with the unconditional surrender of our adversary. And for us to 
expect an unconditional surrender of Serbia, whether it is the 
unconditional surrender of its Kosovo province and all parts of it, or 
whether it is the surrender of that government and the occupation of 
all of Serbia, this should not be the expected result nor is it the 
necessary result.
  I would suggest, and I have suggested this not only to the gentleman 
from Pennsylvania (Mr. Weldon) but several others who are traveling 
with him, that we propose to the Russians that there be two zones in 
Kosovo and two separate peacekeeping forces. One zone would be along 
the border between Kosovo and Serbia and Kosovo and Montenegro and 
would be patrolled exclusively by Russian peacekeepers.
  This area Serbia would know they would retain rights with regard to. 
And this area should include the ancient battlefield of Kosovo Polyea, 
the famous monastery to the south of Pristina, the City of Pec, which 
was the original site of the Serbian Orthodox Church, and other lands 
of critical significance to the Serb nation.
  The remaining, I would suspect 70 to 80 percent of Kosovo, would be 
subject to NATO occupation, a NATO peacekeeping force, and in this area 
the Albanian Kosovars would live in security and could return from 
their refugee status.
  If we propose this, Milosevic then has a reason to deal. Because 
instead of proposing that he lose all rights in Kosovo, we are 
proposing that he retains rights that he might otherwise lose if he 
continues to battle us and our Albanian allies in the year to come.
  At the same time, we should work toward any acceptable peace. And an 
acceptable peace is one that is workable, and where the Kosovars are 
able to return to Kosovo, or any reasonable part thereof, to live in 
peace and security and, knowing the generosity of the American and 
European people, with the aid and trade concessions they need to live 
prosperous as well as secure lives.

                              {time}  1500

  Mr. HILL of Indiana. Mr. Speaker, will the gentleman yield?
  Mr. BERRY. I yield to the gentleman from Indiana.
  Mr. HILL of Indiana. Mr. Speaker, I thank the gentleman from Arkansas 
for yielding.
  Mr. Speaker, when I am home traveling in my district and talking to 
farmers in southern Indiana about this farm crisis that we are in, they 
always tell me that they do not want any handouts. What they do tell me 
is they want access to credit.
  I think it is just common sense to provide farmers access to enough 
credit so they can plant their crops, market their products, and pay 
their bills. It does not make any sense to me that this has not been a 
higher priority for this Congress. Every day families across the 
country are losing their farms. I am especially concerned that this 
crisis is taking a hard toll on our next generation of farmers.
  I think it is important that the American people understand how great 
the need is in rural America for this emergency money. The situation in 
my home State of Indiana is not encouraging. For one thing, many of our 
loan programs in Indiana are exhausted, or close to it anyway. Our 
direct operating loan money is, for the most part, exhausted. We are 
completely all out of guaranteed farm ownership loans. We are short 
nearly $800,000 for beginning and non-beginning direct farm ownership 
loans.
  On March 23, the House of Representatives passed a supplemental 
appropriations bill that included much needed emergency credit for 
farmers across this country. I was one of the few Members of my own 
party to vote for the bill. Two days later, the Senate passed the 
Emergency Supplemental Appropriations bill and asked for a conference 
committee to come together to work out the differences of the House and 
Senate bills.
  It was only on April 22, almost a month later, that the House 
leadership agreed to send the emergency bill to conference committee 
and appoint conferees. In the meantime, farmers in Indiana and all 
across this country have been waiting for this emergency money.
  Many farmers have not been able to begin spring planting, while 
others have been forced to sell the family farm. While the farmers have 
been waiting, Secretary of Agriculture Glickman has been transferring 
money from different USDA accounts in an attempt to give the States 
more access to credit for farmers.
  Without the supplemental appropriations to restore to these accounts 
we have been borrowing from, we are facing layoffs and furloughs at FSA 
offices. We have had even to borrow money from FSA salary accounts. As 
a last resort, more and more farmers are being forced to appeal to 
their local FSA offices for financial assistance, and demand for farm 
loans has increased by 62 percent over the last year.
  So today I urge the leadership to act on the supplemental bill that 
this body passed over a month ago. I am truly concerned about Hoosier 
farmers. It is difficult for me to see this many farmers in need of 
access to credit. Indiana farmers need our help.

[[Page 7899]]

  Every weekend I go back to Indiana to visit with my constituents, and 
many times my constituents are farmers. I have a lot of them in my 
district. And each time that I go back, I ask these farmers whether or 
not, in their view, they believe that a young man or woman in this 
country can on their own become a farmer, and each and every time all 
the farmers say no.
  Now, there have been many speakers before me talking about the farm 
crisis, but this is a farm tragedy, to think that a young man or woman 
in this country could not fulfill their dream of becoming a farmer. I 
know of no other business, no other industry where this is true.
  So today is the day we must start to begin to help the family farmer.
  Mr. BERRY. Mr. Speaker, I thank the distinguished gentleman from 
Indiana for his comments in support of America's farmers and his 
leadership in this area.

                          ____________________




                          TRAVEL-TOURISM WEEK

  The SPEAKER pro tempore (Mr. Ryan). Under the Speaker's announced 
policy of January 6, 1999, the gentleman from Florida (Mr. Foley) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. FOLEY. Mr. Speaker, I want to commend my colleague today. I know 
how proud his mother must be as he ascends in the chair of the United 
States Congress in his first term. I am sure the people of Wisconsin 
are indeed fortunate and proud to have him representing them. And I 
salute him as he leads this Chamber today during our Special Orders.
  Our Special Order today is designed to highlight Travel and Tourism 
Week, May 2 through May 8. Wednesday, May 5, is Tourist Appreciation 
Day; and in honor of this day there is a reception being held in the 
Longworth cafeteria from 5:30 to 8:30 p.m.
  Why are we focusing on travel and tourism today? Well, my colleagues, 
it is vitally important to the economic mission, if you will, of all 
Floridians and all Americans. We have a lot to boast about when we 
think of the great resources around our country that people from all 
over the world come to each and every day. And some of us take those, 
frankly, for granted.
  So I wanted to illuminate some of the things that are occurring in 
Florida's 16th District, talk about some of the revenues derived from 
tourism, and talk also as well about some of the significant sites in 
my district. Florida's 16th Congressional District has over $1 billion 
in travel expenditures annually. Over 16,000 people are employed in the 
travel business in the 16th District, earning a total of $236 million.
  Restaurants, one of which I started, in 1980 I started the Lettuce 
Patch Restaurant, a small family restaurant, with my parents, and we 
began to develop a network of friends and customers. Well, 1999 has 
been designated the Year of the Restaurant by the Commerce Department.
  Nationwide, international travelers spend more than $97 billion 
dining out in restaurants around America. Restaurants are the leading 
source of travel industry jobs in the United States. 47.8 million 
foreign travelers visited the United States in 1997, 47.8 million 
foreign visitors, a tremendous impact on both employment, economic 
opportunity, and job development. In fact, the restaurants have been 
leading the way in providing substantial jobs for those that are moving 
from welfare to work.
  In fact, my first job in life was in a restaurant. I was a dishwasher 
in a small restaurant in Lake Worth, Florida. I obviously had to attend 
that job on a regular schedule basis. I learned the value of hard work, 
and I realized how hard it was to manage a small business. I learned 
what the impact of regulation was on taxes, on, if you will, customer 
preference.
  So I got a huge experience at the age of 14 in my first job as a 
dishwasher, which then led me to start my own business, started the 
restaurant, as I said. And I said earlier it was 1980. It was actually 
1975. But it taught me an entrepreneurial spirit. So the restaurant 
industry is, of course, alive and well and thriving throughout 
America's cities.
  Projections for 1999. Travel and tourism contributes a total of $70 
billion in Federal, State, and local tax revenue. $70 billion in 
Federal, State, and local tax revenue. Travel and tourism will 
represent 12 percent of the gross domestic product of the United 
States.
  The United States' travel and tourism will have a trade surplus of 
$24.7 billion. Travel and tourism will support more than 7 million 
people in direct jobs and nearly $128 billion in payroll each year. Let 
me repeat that. Travel and tourism will support more than 7 million 
people in direct jobs and nearly 128 billion in payroll dollars each 
year. Travel and tourism was the United States' leading service export 
and third largest export overall.
  Now, when we talk about travel and tourism, we do not just talk about 
restaurants, we talk about transportation. In 1997, airline passenger 
traffic increased 4.6 percent to top 605 million passenger miles. 
Amtrak passenger traffic grew to reach 5.2 billion passenger miles.
  Now, one of the things I like to boast about and why I am proud of 
the 16th District is the vast array of assets that we have to entice 
people to come to Florida. One is significant because it is a national 
park. It is the Everglades National Park, managed by our National Park 
Service.
  The Everglades National Park is the largest remaining subtropical 
wilderness in the continental United States, and has extensive fresh 
and salt water areas, open everglades prairies and mangrove forests. It 
has abundant wildlife, includes rare and colorful birds. And this is 
the only place in the world where alligators and crocodiles exist side-
by-side.
  The park is 1,506,539 acres or 606,688 hectares in size. It is a 
World Heritage site, an international biosphere reserve, and a wetland 
of international significance.
  Now, obviously, people come from around the world to see Everglades 
National Park. But it also has a dual purpose. It not only is a 
national park, it is also the reservoir for water to supply South 
Floridians with the vital need of fresh, clean, clear drinking water. 
The park acts as an ecosystem. It is a natural refuge, as I mentioned, 
for birds and animals, but also for the sustenance of life in South 
Florida.
  Now, program activities include ranger-led walks and talks, the boat 
tours, tram tours. But, most significantly, it is the educational 
programs that are arranged. The Everglades National Park sponsors on-
site curriculum-based education programs for local fourth, fifth, and 
sixth graders. Participation in these programs is by advance 
reservation, and teachers are required to attend training workshops 
before their classes are allowed to be admitted to the park. So it 
serves vital resources, tourist education and, obviously, clean and 
clear and abundant water.
  The main park is 38 miles of road winding from the entrance to 
Flamingo. U.S. 41 leads to the Shark Valley entrance, and U.S. 29 leads 
to the Gulf Coast Visitor Center. Parking is available for buses at all 
visitor centers.
  Now, this is a national park in which we are all vitally interested. 
In fact, this Congress has appropriated more money than any Congress in 
the past in order to provide and make certain that the Everglades 
National Park remains a vital, important national treasure.
  I know every Member of Congress can talk about travel and tourism in 
their district, as well. I would like to show, in fact, a picture 
painted by my mother of the Jupiter Lighthouse. This is in my district. 
This, of course, is a rendering of one of the most historic sites in 
Palm Beach County.
  And of course Jupiter, in the northern part of my district, is 
clearly proud of its lighthouse and, obviously, its history. But this 
is one I am proudly displaying in my office. In fact, many people 
comment as they come from our community how impressed they are with the 
painting. And I am thankful to my mother, clearly, for doing it for me. 
But most importantly, it represents something that most people when 
they come to our Nation's Capital can look at and admire and reflect

[[Page 7900]]

on the fact that they just recently arrived from Florida, and they can 
see something that relates back to my district that they can enjoy and 
talk about.
  The Jupiter Lighthouse was constructed in 1853 under the 
administration of President Franklin Pierce, and he appropriated at 
that time the sum of $25,000 for the building of the lighthouse at 
Jupiter Inlet. It was designed by Lieutenant George Gordon Meade, who 
later gained fame as the general in command of the victorious Union 
forces at the battle of Gettysburg.
  The site was selected and the materials brought in in 1854. And of 
course it served as clearly an indication for navigational traffic, to 
make certain that they would arrive safely into the Jupiter Inlet at 
the time. And so this was one of our first vitally important public 
works projects by the Nation, but now is the oldest structure in Palm 
Beach County, and it is listed on the Natural Register of Historic 
Places. The lighthouse is maintained by the Florida History Center and 
Museum in cooperation with the United States Coast Guard.
  So those are just a few of the places that exist in Florida that are, 
of course, vitally important, and we have many, many others.
  Mr. Speaker, I see a friend approaching who would certainly like to 
speak, the gentleman from Utah (Mr. Hansen), the chairman; and I would 
be delighted to yield to the chairman to talk about travel and tourism 
in his State.
  Mr. HANSEN. Mr. Speaker, I appreciate the gentleman from Florida 
yielding.
  Let me just say, as chairman of the Committee on Public Lands and 
National Parks, I cannot believe how much people love parks. I tell my 
friend from Florida, there was a survey done recently on what the 
American people like the very most about America or the United States 
Government, and the thing that came out number one was the national 
parks. People love our parks. In fact, they love them to death.
  And does my colleague know what they love the least? Maybe I should 
not even bring this up. It was the Internal Revenue Service.
  Be that as it may, I am glad to join with my friend here and talk 
about the economic effects of many visitors who come to Utah for 
business and pleasure. And it is very substantial.
  In Utah we have five national parks: Zion, Bryce, Capitol Reef, 
Canyonlands and Arches. We have seven national monuments: Cedar Breaks, 
Rainbow Bridge, Dinosaur, Natural Bridges, Hovenweep, Timpanogas Cave, 
and on September 16, 1998, the President of the United States gave us 
one that we really did not want very badly but we have it now, and it 
is called the Grand Staircase Escalante.
  In addition to that, we have the Glen Canyon National Recreation 
Area, known as Lake Powell, and the Golden Spike National Historic 
Site, one of the most beautiful areas that we have in the West.
  These scenic, cultural, and historic sites draw thousands of visitors 
to Utah each year to absorb and enjoy the wondrous lessons, stories, 
and inspiration to be gained from these special places.

                              {time}  1515

  The same can be said of the thousands of acres of public lands in 
Utah's national forests and those administered by the Bureau of Land 
Management. As these visitors seek out great destinations in Utah's 
public lands, there is a group of professional service providers in 
most of the units of the national park system to meet their necessary 
and appropriate needs.
  My thanks go to these dedicated people who work at our several parks 
and the concession companies who work so diligently doing it. They 
provide the food, the laundry and the transportation, souvenirs and 
equipment rentals. Every day there are meetings, talking with and 
assisting the visitors to enjoy a more comfortable and safe experience. 
The park concessionaires are a vital cog in the network of those who 
make travel and tourism a major part of the Utah economy.
  Many others in the broader area of the hospitality industry serve our 
national parks as well as other networks. It is fun, as the chairman of 
the Subcommittee Committee on National Parks, to go into the parks of 
America, like going into Yellowstone, and say, ``What do you like about 
Yellowstone?'' Some people like the bears, some people like the 
geysers. Some say, ``I just like the lodge, I like to go to the Old 
Faithful Lodge or the Lake Lodge or I like to go out on the lake.'' We 
all have something different we see in these areas. But we are so 
blessed in this country. Teddy Roosevelt was so right, if I may say so, 
when he established those. I guess I kind of zero in on those because 
so many, many people go to the parks of America.
  Frankly, if I may say so, the parks are the best deal in America. In 
1915 they could go to Yellowstone Park and drive their old Model A or 
Model T in there and it cost them $10. In 1996 the cost of taking a car 
into Yellowstone was $10. As you know, we have traded that up just a 
tad, and now they pay a few more dollars for it. It is funny how many 
people will write me and say, ``Mr. Chairman, we are getting such a 
good deal, I feel like I have ripped off the public'' and they send 
money, which I immediately give to the Treasury, I want the gentleman 
to know. It is interesting to see how many people realize what a good 
deal they have got. If you take the wife and family out to a show and 
dinner, you are going to pay a lot more than you would pay to go into 
our parks.
  As we observe National Tourism Week, 1999, I am proud to join with my 
colleagues in saluting all of those involved with travel and tourism 
across America, in my home State of Utah and pledge my cooperation to 
work in continuing the great results that come from this extremely 
vital part of our economy.
  Mr. FOLEY. Mr. Speaker, let me thank the gentleman from Utah for his 
strong and dedicated work on funding our national parks, because that 
in fact is a real magnet, if you will, for people coming to America. As 
he clearly stated in his time allocated, that people desperately love 
to come to see the natural resources that we have to offer. Many of 
them in their own countries have not prioritized preservation of public 
lands in order to enhance not only this generation but future 
generations to come.
  The gentleman from Utah has not only been a good steward of those 
resources but has appropriately given credit to President Teddy 
Roosevelt for establishing them. I think that is lost on a lot of 
people. But it took foresight, dedication and, I am sure, perseverance 
when there were other demands for dollars to be spent to preserve what 
are then great heritage sites for us that become something that is 
synonymous with America and represents, I think, the great fabric of 
our society. I want to commend the gentleman from Utah for that 
leadership.
  Mr. Speaker, I yield to the gentlewoman from Maryland (Mrs. Morella) 
who is also another strong advocate of tourism and probably can tell us 
a number of great sites that are located within the wonderful State of 
Maryland.
  Mrs. MORELLA. I thank the gentleman from Florida (Mr. Foley) for 
taking out this special order. I would certainly recognize the 
gentleman from Utah (Mr. Hansen) also for the stewardship he has shown 
and certainly the leadership that the gentleman from Florida has shown.
  I wanted to make sure I came down to the floor of the House to be 
able to comment to this body about how important travel and tourism is, 
because every year more than 21 million visitors travel from every part 
of the country and the far corners of the world to Washington, D.C. The 
District is the Nation's capital. It is a cultural hub with many fine 
museums and theaters, and it is home to many fine colleges and 
universities. These visitors bring economic prosperity to the 
metropolitan Washington area, creating jobs, income and tax revenues 
for the local area.
  Mr. Speaker, I rise to pay tribute to the travel and tourism industry 
which

[[Page 7901]]

has long been an important part of the American economy. The industry 
is the Nation's second largest employer, providing more than 16 million 
jobs. It is the third largest retail sales industry. In 1998, it 
generated more than $71 billion in tax revenues for Federal, State and 
local governments. The travel and tourism industry is diverse and it 
touches every sector of our society, from business to the arts to 
education. Dollars that tourists spend trickle down to local 
communities and benefit the whole U.S. economy.
  The good news is that people are traveling at record rates and the 
industry is proving that it is an economic success story. The travel 
and tourism industry is often perceived as a collection of separate 
business industries: the hotel industry, airline industry, the cruise 
line industry, the car rental industry and the food and beverage 
industry. Considered as a whole, travel and tourism is an industrial 
powerhouse. It is critical to the economy of every State in our Nation.
  In 1996, travel spending generated nearly 97,000 jobs in my State of 
Maryland, and nearly $1.9 billion in salaries and wages for Maryland 
residents. The 97,000 travel-generated jobs comprise 4.4 percent of the 
total State nonagricultural employment. Domestic and international 
travelers spent more than $6.4 billion in Maryland during 1996, of 
which more than $1.2 billion went to the Federal, State and local 
governments.
  Over the past 10 years, world tourism has continued to grow. In 1997, 
there were 613 million international visitors to the United States. 
They spent approximately $444 billion. International arrivals to the 
United States reached 47.8 million in 1997 which was 7.8 percent of the 
world total.
  Next week, and that is May 2nd through 8th, is National Tourism Week. 
The purpose of National Tourism Week is to celebrate the economic, 
social and cultural impact of travel and tourism on our Nation. 
Localities everywhere will celebrate tourism and make efforts to 
educate local residents on the importance and impact of tourism on 
their communities.
  Mr. Speaker, this is a fitting time to pay tribute to the travel and 
tourism industry, because the industry is one of the largest in terms 
of employment. It is first as the Nation's largest export industry, and 
provides more than 684,000 executive-level positions. Spending by 
domestic and international travelers last year averaged $1.38 billion a 
day, which is $57.4 million in an hour, $955,800 a minute, and $15,900 
a second. Without a doubt, travel and tourism is a major contributor to 
the economic well-being of our country.
  I am really very pleased to add my voice to the chorus of praise to 
the travel and tourism industry, which brings a virtual treasure trove 
of economic opportunity right in our own backyards. I certainly thank 
the gentleman for his leadership in having us come to the floor of the 
House and submit statements on behalf of what is being done for our 
country through travel and tourism.
  Mr. FOLEY. I thank the gentlewoman from Maryland.
  It is my distinct pleasure to now introduce a gentleman who knows a 
great deal about travel and tourism, who in fact represents probably 
one of Florida's most dynamic cities, Orlando, which is the home to a 
number of large entities who have created, if you will, great 
opportunities for families to enjoy Florida's great opportunities, 
Disney, Universal and others, the gentleman from Florida (Mr. McCollum) 
who is from Orlando, chairman of the Subcommittee on Crime, and has 
been a leading proponent of tourism for Floridians and for all of our 
American citizens.
  Mr. McCOLLUM. I thank the gentleman from Florida (Mr. Foley) for 
having this time today. I want to join with him and the gentlewoman 
from Maryland who just gave the statistics that are so enlightening 
about the sheer dollar power of tourism to our Nation, but I can tell 
you as the representative who does represent, as you said, the number 
one tourist destination I think in the world, we have Disney World, we 
have Universal Studios of Florida in my district, we have Sea World, 
and we have lots of people who come, not just from other parts of the 
United States but from all over the world. Someone told me once that 
Brazil produced more than any other single country for tourism of 
Disney's products that are there and to visit the theme parks.
  I think tourism is probably less understood as a business by most 
Americans than it should be. So this special order time and our Travel 
and Tourism Caucus that you work so much with and I work with is a very 
important thing to bring home that message.
  And it is an opportunity to thank all of the people who are in the 
industry. We do not always think of what that industry is. I again hear 
the statistics rattled off about the dollars involved but there are 
people involved, people involved in operating those hotels, a 
tremendous number of hotel rooms, a tremendous number of employees who 
work very, very hard and contribute mightily to the business of travel 
and tourism. People who work in the airline industry. We would not get 
all those people coming here if it were not for the airlines, frankly. 
People who work with car rental companies. I do not know how many cars 
we have got but I know there are a lot of them. I remember being told 
that Orlando has more car rentals than anyplace else, I think, in the 
country, if I am not mistaken. I know it is very large.
  And when we think about tourism, of course, we also immediately think 
about these theme parks. We have opened up so many new ones down there 
lately in terms of Disney has expanded, Universal has expanded and Sea 
World now in Orlando, and that area is about to expand with a new theme 
park, which will bring more business to central Florida and more 
business to the United States, probably add more hotel beds. We know 
they are building more hotel rooms every day. It is the number one 
industry in our State.
  Agriculture, which the gentleman represents a great deal of that, is 
right there on its heels, has been a traditional source of very great 
industry to our State. But travel and tourism is indeed the thought 
that centers on central Florida and our State first and foremost in 
people's minds, again as a place to go to visit, as a place to go to 
have a good time.
  But I think today we are more importantly saying thank you to the 
people who are employed in those industries, who develop and create 
them, who work them and who produce the economic engine that is so 
important to lots of other people whose jobs depend on that, who are 
not themselves maybe employed by the particular theme park or by the 
hotel or by the airline or by the car rental company or whomever else, 
but who would not be able to have these jobs that they have were it not 
for all the people who are brought into the area, is a tremendous 
economic engine. Again I am not here to belabor the point, but I could 
not resist being a part of your special order time, knowing that my 
home county, my hometown and my district is the number one tourist 
destination in the country.
  Mr. FOLEY. Let me share a personal aside with the gentleman from 
Florida. When I was in China with Speaker Gingrich a couple of years 
ago when we were talking about a variety of issues relating to trade 
and what have you, I kept trying to explain to them where West Palm 
Beach, Florida was. It became very difficult. I said West Palm Beach. 
They were not sure where it was. Finally I decided, I am an hour and a 
half, two hours south of Disney; they would immediately say, ``Disney 
World, I know that.'' So it really is well known worldwide.
  I think the other thing, if you would comment briefly, was the high-
tech side of the business. When you look at the motion picture industry 
and some of the other things that are going on in your district, I 
think that speaks to technology, it speaks to enhanced job 
opportunities for our youth, if the gentleman would take a moment on 
that.
  Mr. McCOLLUM. Absolutely. I thank the gentleman for yielding. The 
spinoff from this is enormous. You think of jobs, I mentioned earlier, 
you think of

[[Page 7902]]

the hotels and so on. But the gentleman is quite right. What is 
happening in our university, the large University of Central Florida 
and in our community college, we have programs now that have been 
developed in order to give opportunities for young people to get into 
motion picture production, to get into theater, to get into lots of 
things that are related to the studios and the businesses that are 
there that we would not otherwise have had, and as a result of that, 
that in addition has stimulated a lot of high-tech interest in coming 
to the area.
  We have developed a great big technology center in central Florida 
now with high-tech industries that would not be there if it were not 
for the climate and the opportunity and the tourism and travel industry 
presence that was already there to begin with. We have a very large 
semiconductor manufacturing company there. I probably should not start 
naming names here of businesses.
  We have the Navy, the Army and the Air Force's simulation training 
and research facilities in Orlando for the entire country. That in turn 
has spawned a lot of small-tech industries, over 150 small businesses 
in the last 5 years alone that have come to the region. I am confident 
this growth in that kind of quality business would not have occurred 
had it not been for Disney, Universal, Sea World and the tourism 
industry generally coming to Florida and to central Florida.
  There is a synergy that operates around that whole area. We all know, 
for example, the field of animation, what is happening in that regard. 
Well, Disney has all these animations, but think about the games that 
people every day see themselves or have their kids playing on 
computers. One of the major computer manufacturing concerns, Electronic 
Arts--I named a company, I guess--came to central Florida, developed, 
working with a business that arose there, and they are employing people 
that basically use animation to make those football games and baseball 
games and sports games that people see played.
  Most people have no idea a lot of that gamesmanship is developed in 
central Florida and a lot of the people they have employed are young 
people who came there associated with the other industry that is there, 
the tourism sector, the attractions sector who are involved in theater, 
animation and so on that go along with those theme parks.

                              {time}  1530

  So, Mr. Speaker, my colleague is quite right. It is an elaborate 
network of job creation and high tech development as a part of that, 
again a synergy with travel and tourism that most people do not 
recognize.
  Mr. FOLEY. Well, Mr. Speaker, virtually every face you come in 
contact with in Florida has something to do with travel and tourism, 
whether you are arriving at Orlando International Airport where you 
will see the porter or the reservation clerk or the taxicab driver or 
the bus operator, or as you leave that facility, you encounter somebody 
at the fuel station, or you get to your hotel and check in.
  I think that is the dynamic that is missed on a lot of people, is the 
sheer job generation, and it is not necessarily that they just work in 
travel and tourism, but the off shoots from that; as you mentioned, 
high tech, the things that are occurring.
  Because of a transportation system that was originally designed for 
the tourist industry, the large expansion of the airport which has been 
very, very successful, it is highly regarded and probably one of the 
most efficient airports. But that now has spurred, if you will, the 
high tech side of it because now business executives can fly from 
around the country right to your hub airport.
  Mr. McCOLLUM. Mr. Speaker, if the gentleman would yield on just the 
airport, we have seen, for example, we have a travel tourism industry 
right in downtown Orlando called Church Street Station, and the fact 
that that night spot, and it is a family type night spot that was 
generated there a few years ago; the fact that it exists there 
transformed the entire downtown of Orlando and made it a community that 
was revived after years of decline, as many inner cities have, so that 
today we have a marvelous downtown city, and I would welcome people to 
come visit downtown Orlando, not just go to the theme parks that are 
out there, and see what we have got to offer. And you now see the 
businesses like that so that building and construction going on of high 
rises and office complexes there has just grown, too.
  So, Mr. Speaker, it is amazing what things are related, and again 
most people never think about how travel and tourism, as an industry, 
produces all of this change, and it has certainly done so in my 
community.
  Mr. FOLEY. Mr. Speaker, I thank the gentleman for joining us today on 
our special order highlighting Travel and Tourism Week, which is May 2 
through the 8.
  Now I would like to present to my colleagues the gentlewoman from 
Nevada (Ms. Berkley), a new Member of Congress. Welcome.
  Ms. BERKLEY. Mr. Speaker, I thank the gentleman very much for giving 
me the opportunity to share some thoughts with him for Tourism Week.
  I represent the most unique district in the United States. I 
represent the City of Las Vegas. It is the fastest growing community in 
the United States. I have got the fastest growing school age 
population, the fastest growing senior population, the fastest growing 
veterans population. I have got the fastest growing Hispanic 
population, the fastest growing Asian population, and the fastest 
growing Jewish population in the United States. The reason that 
thousands of people, that is, 5,000 new residents a month are pouring 
into Las Vegas is because of the incredible strength of our economy, 
and our economy is based on one industry, the tourism industry.
  In my home State of Nevada tourism is the very life blood of our 
economy. We owe our incredible quality of life and our thriving economy 
to one industry, and that is the tourism industry. More than one-third 
of our jobs in Nevada, over 315,000, are created by tourism.
  In addition to gaming, world class hotels, spectacular entertainment, 
fine dining, and the wonders of the Valley of Fire, Hoover Dam and the 
Red Rock Canyon, visitors to Las Vegas have the opportunity to 
experience the majesty of the Grand Canyon by taking air tours that 
depart from my district. Without air tours, many of these travelers who 
come to Las Vegas solely to see the Grand Canyon would never have the 
opportunity to experience the grandeur of the Grand Canyon due to a 
disability or some other constraint which would prevent them from 
viewing the Grand Canyon and enjoying its splendor. Yet the air tour 
industry could be put out of business if an ill-advised provision of 
H.R. 1000 is passed. It would force the industry to meet impossible 
sound standards for no good environmental or esthetic reasons.
  I urge the gentleman from Florida (Mr. Foley) to join me in 
opposition to this provision so that travelers may continue to enjoy 
the Grand Canyon from the air, in addition to all the other wonders 
that my great district has to offer. And I want to thank the gentleman 
from Florida, and I will be glad to share with him any other thoughts 
that he would like me to on this issue.
  Mr. FOLEY. Mr. Speaker, one thing I think is important to note, the 
family value of the gentlewoman from Nevada's destination. I understand 
a lot of families now have great activities in Las Vegas and in Nevada 
that they can enjoy.
  Ms. BERKLEY. Mr. Speaker, as my colleague knows, that is very true, 
and I grew up in Las Vegas. My family moved there 38 years ago, and I 
have two wonderful children that are also growing up in Las Vegas.
  When I first moved to town, Las Vegas was a destination where many 
families did not think of coming. But today I can tell my colleague it 
is an entirely different environment. We have some of the most 
magnificent hotels in the world that cater to children, cater to 
families and have made our community family-friendly, and I can tell my 
colleague that when it comes

[[Page 7903]]

to my children, my parents who also live in Las Vegas, when they take 
the grandchildren for an afternoon, most times they take them to the 
Las Vegas strip so they can enjoy the many attractions that are 
designed specifically for children and for families who come to my 
wonderful community.
  Mr. FOLEY. I think that is why it is important today for Members to 
come out and describe their districts and describe some of the value 
that the tourism and travel industry plays in their hometown 
communities because, as the gentlewoman is suggesting, years ago it was 
known as a destination primarily for gaming, but now it is the site of 
international conventions dealing with some of the most important 
issues. It has become very family-friendly and is a great resource for 
all residents of Nevada who enjoy employment, enjoy economic growth and 
opportunity and activity.
  So it is very appropriate that we signal and salute the variety of 
sectors of the Nation, if my colleague will, and the 435 districts that 
make up the great United States of America.
  Ms. BERKLEY. Well, as my colleague knows, a very interesting 
statistic:
  In 1900 the census showed that there were 30 residents in the Las 
Vegas Valley. Now we boast of 1.2 million. It has been a remarkable, 
remarkable growth area, and that is primarily because our area is for 
tourism, it is a destination resort area, and the tourism industry has 
played an incredible and indispensable role in making Las Vegas what it 
is today. And when we have 30 million visitors a year coming to Las 
Vegas to enjoy what we have to offer, we invite the rest of the country 
to come to Las Vegas and enjoy the wonderful scenery that we have, the 
magnificent hotels that we have. And as my colleague knows, if he comes 
to the Las Vegas strip he can see pyramids, he can see the City of 
Paris, he can see the City of Venice, he can see medieval castles and 
New York, New York, a replica of the City of New York, the City of New 
Orleans. It is just the most spectacular place.
  And I will boast this: Our pyramids, our medieval castles, our City 
of Paris, our City of Venice, and New York, New York are better than 
the originals. So I invite my colleague to come out and see it for 
himself.
  Mr. FOLEY. Well, I am indeed tempted to, and I will also tell my 
colleague she gained national prominence with the opening of the 
Beloagio, which has probably one of the great art collections that I 
understand being displayed for the benefit of art lovers as well.
  Ms. BERKLEY. Well, if I can share something with my colleague for one 
half a minute more, Las Vegas has not been known as a cultural Mecca; 
however, with the addition of the Beloagio Art Museum I can tell him 
that it has added significantly to our culture. And my own children, 
who have studied art in school, we took them to the Beloagio Art 
Museum, and as soon as my children walked into the facility they were 
able to pick out Monets, Picassos, Renoirs, and they never would have 
had an opportunity to see these magnificent works of art up close and 
personal if not for the Beloagio bringing them to our fair city.
  So I invite my colleague from Florida to come out and not only see 
all those other wonderful things, but see a wonderful art collection as 
well.
  Mr. FOLEY. I thank the gentlewoman from Nevada (Ms. Berkley) for 
joining us today in this special order, and I do want to in conclusion 
thank a variety of groups that have helped supply some of the critical 
data that we have shared today.
  I want to go over it real quickly again so people understand the, if 
my colleague will, great economic import of the industries we talk 
about today:
  The travel industry supports 7 million jobs contributing 127.8 
billion in payroll expenditures.
  The restaurant industry is the leading source of travel industry jobs 
in the United States.
  Employment growth in the travel industry continues to outpace job 
growth in the overall economy.
  During 1997 the industry produced more than 200,000 new tourism jobs.
  The travel industry generates more than $70 billion in Federal, State 
and local tax revenue.
  47.8 million foreign travelers visited the United States in 1997, 
spending $94.2 billion.
  Last year visits from international travelers fell 1 percent. This 
drop represented 627,000 less travelers, 950 million in lost spending 
and 121 million in lost tax to Federal, State and local governments.
  The reason I bring that up is the fact that the gentleman from 
California (Mr. Farr), a Member of Congress who represents the areas of 
Pebble Beach, and I decided that as former, if my colleague will, 
employees of the travel and tourism sector, we felt it vitally 
important to make certain that we remain competitive, that we try and 
see how we can continue to grow the industry, if my colleague will, 
again for the sake of providing jobs and opportunity for Americans and 
for Floridians, as I represent Florida.
  The National Restaurant Association and the Travel Industry 
Association of America and the Travel Business Round Table and other 
groups have contributed mightily to the presentation, if my colleague 
will, today, of the statistical data. In fact, it was the Travel 
Industry Association of America that worked in conjunction with the 
White House, the 1995 national strategy at the White House Conference 
on Travel and Tourism, in order to determine exactly what the 
statistics are, because we want to be able to document for the record 
the significance of which travel and tourism relates to people's home 
districts.
  And again we have enjoyed being able to present these facts for 
people as we once again celebrate Travel and Tourism Week, May 2 
through the 8, and again I would remind the staff of Members of 
Congress that on Wednesday, May 5, it is Tourist Appreciation Day, and 
we will again have a reception in the Longworth cafeteria from 5:30 to 
8:30 p.m.
  And again I want to thank specifically the gentleman from California 
(Mr. Farr), who has been a leading proponent and advocate of travel and 
tourism in his district. We are a bipartisan committee. We are an 
advocate for the travel and tourism industry. We are equally 
represented by Democrats and Republicans because we recognize that the 
growth of opportunity and the growth of jobs and the growth of a strong 
community depends on the many components and parts that make up this 
unique and great industry.

                          ____________________




        GETTING TO THE BOTTOM OF ILLEGAL CAMPAIGN CONTRIBUTIONS

  The SPEAKER pro tempore (Mr. Ryan of Wisconsin). Under the Speaker's 
announced policy of January 6, 1999, the gentleman from Indiana (Mr. 
Burton) is recognized for 60 minutes.
  Mr. BURTON of Indiana. Mr. Speaker, my committee, the Committee on 
Government Reform and Oversight, of which I am chairman over the past 
2\1/2\ years, has been investigating illegal campaign contributions 
that came in from a variety of countries around the world. Came in from 
South America, from Taiwan, from communist China, from Macao, from 
Indonesia, from Egypt, and on and on, and these illegal campaign 
contributions came in to the Clinton/Gore Reelection Committee and to 
the Democrat National Committee.
  During the past 2\1/2\ years we have been trying, day and night, to 
get to the bottom of this. We have tried to get people to come forward 
and testify, we tried to get cooperation from the Justice Department, 
the White House, but we have been very, very unsuccessful because there 
seems to have been a stone wall erected by the White House and the 
Justice Department and other agencies to keep us from getting to the 
bottom of this.
  We have had 121 people, 121 people take the Fifth Amendment or flee 
the country. That is unparalleled in American history, and I have been 
here on the floor a number of times talking about this because I think 
it is unbelievable that foreign governments should be able to influence 
our elections and even elect a President. Millions of dollars have come 
in illegally

[[Page 7904]]

into the Clinton/Gore campaign and to the Democrat National Committee, 
and much of that money has been returned because of our investigation.
  Now today I rise on a different subject, but it may be related, and 
that is why it is so troubling to me. The Chinese communists, through 
people in their government, the head of their military intelligence and 
the head of their Chinese aerospace industry gave a man named Johnny 
Chung $300,000 to give, at least in large part, to the Clinton 
Reelection Committee, and they were not doing it in my opinion for Mr. 
Clinton's good looks. They obviously had some kind of an agenda. The 
head of the Chinese military intelligence and the head of the Chinese 
aerospace industry giving campaign contributions to a candidate for 
President in this country would lead almost anyone to say there is 
something amiss here, there is something wrong, and it should be 
thoroughly investigated.
  Mr. Speaker, we just recently found out that at Los Alamos, one of 
our nuclear research facilities, that they had a man there named Wen Ho 
Lee who had been there for a long time who is believed to have been 
involved in espionage.

                              {time}  1545

  I am very concerned about some of the statements that have come out 
of the administration with respect to China's thefts of these U.S. 
nuclear secrets. Again and again we have seen administration officials 
all the way up to the President make misleading statements about what 
they knew and when they knew it. Let me provide you with some examples.
  One good example is on March 19, 1999, President Clinton was asked by 
a reporter, ``Can you assure the American people that under your watch, 
no valuable secrets were lost?''
  The President responded, ``Can I tell you there has been no espionage 
at the lab since I have been President? I can tell you that no one,''--
listen to this--``I can tell you that no one has reported to me that 
they suspect such a thing has occurred.'' So the President was saying 
he was totally uninformed. He did not know anything about it.
  Well, Mr. Speaker, the President's response about his knowledge of 
Chinese spying is not only troubling and disingenuous, it is just hard 
to believe. The Clinton administration, his administration, knew about 
the full extent of Chinese spying at Los Alamos and Livermore and other 
laboratories as far back as 1996, over 3 years ago.
  Then the National Security Adviser, Sandy Berger, head of the NSC, 
was briefed about the Chinese spying by the Energy Department's chief 
of intelligence, a Mr. Notra Trulock. Berger was told that China had 
stolen W-88 nuclear warhead designs and neutron bomb technology. He was 
told that a spy might still be passing secrets to China at Los Alamos, 
our nuclear research facility. He was even told that the theft of 
neutron bomb data occurred in 1995 under the President's 
administration.
  Let me just tell you that the W-88 warhead is a miniaturized nuclear 
warhead that can be put on one missile. You can put 10 of these nuclear 
warheads on one missile so that with one missile you can hit 10 
American cities and kill 50 to 60 million American citizens. We have no 
defense for that right now.
  The neutron bomb technology would allow a neutron bomb to be launched 
on a missile to the United States, and, if it exploded over a major 
city, it would kill everybody in the city, but the infrastructure would 
not be damaged, so it would be something an enemy would like to do, 
protect the infrastructure, the roads, the buildings, and so forth, but 
kill all the people in it.
  At the end of the briefing that Mr. Berger, the head of the National 
Security Council, received, Trulock referred to a recent intelligence 
report. In the report a Chinese source, a Chinese spy that spies for 
us, a Chinese source said that officials inside, inside, China's 
intelligence service, were boasting about how they had just stolen U.S. 
nuclear secrets, and how those secrets allowed them to improve their 
neutron bomb technology.
  Now, Mr. Speaker, again in July of 1997, a year before his meeting 
with President Jiang of Communist China and 21 months before his 
meeting with Prime Minister Shu of China, Sandy Berger received a 
second detailed briefing about China's spying, and soon after told the 
President about the weaknesses at the laboratories at Los Alamos and 
Livermore, and about the Chinese spying. This was in 1997.
  Now, remember, the President just a few weeks ago said that no one 
had informed him. Yet Sandy Berger, the head of the NSC, did tell him 
for sure 2 years ago in 1997. Why would the President misspeak? Why 
would he mislead the American people? I do not know.
  Mr. Speaker, in August of 1997, Gary Samore, the senior National 
Security Council official assigned to the China spy case, received a 
briefing from Mr. Notra Trulock, who is the head of intelligence 
security over at the Department of Energy, and immediately after the 
briefing about this spying, he went to the CIA director and asked the 
CIA director to seek an alternative analysis about how the Chinese had 
developed these small nuclear warheads.
  So after he had been told they stole this nuclear technology and that 
spying was going on, he went to the CIA and said, ``Can't you give us a 
different way they got this technology?''
  Why would he do that? Why, when presented with such overwhelming 
evidence of Chinese espionage, did Gary Samore seek to downplay the 
significance of the information, asking the CIA to come up with another 
explanation, other than espionage, about China's advances? We had 
already gotten some of this information from our intelligence sources 
over in China.
  Mr. Speaker, in May of 1998, Notra Trulock, the Energy Department's 
director of intelligence, was demoted; he was demoted after he brought 
this information out, to acting deputy director of Intelligence, after 
he made a third report to the Energy Department's Inspector General 
about a steady pattern, a steady pattern of suppression of 
counterintelligence issues. They did not like what he was saying, so 
they demoted the guy.
  I want to go back just a minute to this briefing that took place 
about the neutron bomb. The Chinese intelligence source that we have 
also said that Chinese agents solved a 1988 design problem by coming 
back to the United States after they had already been involved in 
espionage in 1995 to steal more secrets. Trulock's April 1996 briefing 
to Sandy Berger could not have been more detailed and it could not have 
been more alarming. So the head of the NSC, the man who reports to the 
President about security issues, was completely informed about this in 
1996, in April.
  When Paul Redmund, the CIA's chief spy hunter was given a similar 
briefing from Trulock a few months earlier, he said that China spying, 
now, get this, China spying was far more damaging to the U.S. national 
security than Aldrich Ames, who is now serving a prison term for 
spying, and it would turn out to be as bad as the Rosenbergs, who were 
put to death because they gave Communist Russia, the Soviet Union, 
secrets back after World War II.
  Mr. Speaker, is it really, really likely that Sandy Berger, the head 
of the NSC, after hearing such a detailed and alarming picture of 
Chinese espionage, would not tell the President about it? Yet the 
President just a few weeks ago said no one brought it to his attention, 
and this was 3 years ago. If you were the President or if I was the 
President and our head of National Security did not tell us this, you 
would fire him. You would have him hung out to dry, because this a 
national tragedy, a national security issue. Yet the President said he 
did not know about it just a few weeks ago.
  According to the White House, Berger first briefed the President 
about Chinese spying in July of 1997. So why did the President say he 
had not been informed about it? He did so after he received a second 
briefing from Notra Trulock, which, according to Berger, was much more 
specific than the first.
  In addition, according to NSC spokesman David Levy, Berger ``did not 
detail each and every allegation.''

[[Page 7905]]

  Why would he not detail each and every allegation? We are talking 
about spying at one of our foremost nuclear research laboratories and 
about technology that could endanger every man, woman and child in the 
country. Mr. Levy gave this explanation, after being asked if Berger 
had told the President about the neutron bomb data that was stolen in 
1995.
  Apparently the White House wants us to believe that Berger only told 
the President about the W-88 design theft which happened before 1992, 
which was done under his watch, and left out the theft of the neutron 
bomb data and China's recent spying at Los Alamos.
  Are we to believe that 3 years after the President's national 
security adviser received his first briefing about this wave of 
espionage that happened under the President's watch, that he would not 
have told the President about it? And, after that, how can you believe 
anything the administration says?
  Why does the President, despite all the evidence to the contrary, 
continue to accept every Chinese denial, not only of spying, but also 
of illegally funneling money to the Clinton-Gore reelection committee?
  We know that the President was briefed about China's spying in July 
of 1997. Why then, while in China in 1998, with President Jiang, did he 
quickly accept President Jiang's denial that China had illegally 
funneled money to the Clinton-Gore reelection committee? He already 
knew about the spying. He already had Chinese nationals coming in and 
out of the White House on a regular basis. Johnny Chung was bringing 
them in, Charlie Trie was bringing them in, John Huang, Mark Middleton, 
and on and on and on. They were running in and out like they were on a 
railroad train. Yet he said he believed President Jiang when President 
Jiang said they were not illegally funneling money into the Clinton-
Gore reelection committee. We know for a fact that that was going on.
  How could the President say, I do believe him, that he did not order, 
authorize or approve such a thing, the illegal contributions, and that 
he could find no evidence that anybody in governmental authority had 
done that?
  The head of the Chinese military intelligence was running money 
through Johnny Chung. The head of the Chinese aerospace industry, who 
benefitted from the technology transfer I am talking about, was 
involved. They were very high up. In fact, the head of the Chinese 
National Aeronautics Agency over there, the aerospace industry, her 
father was the head of the Chinese Liberation Army, the People's 
Liberation Army. He was right in the Politburo, right next to the 
President of the country.
  For them to say the head of the country was not involved is just 
ludicrous, because if you do not keep the head of the government 
involved in a Communist society, you are either put away for good or 
you are killed.
  Mr. Speaker, again in April of this year, how could the President 
listen to Chinese Prime Minister Zhu Rongji deny that Chinese had any 
involvement in spying and respond by saying, and this is what the 
President said, ``China is a big country with a big government, and I 
can only say that America is a big country with a big government, and 
occasionally things happen in this government that I do not know 
about.''
  He was implying the Chinese did not know, the head of the Chinese 
Government, did not know they were stealing through espionage nuclear 
technology from Los Alamos and Livermore. That is just insane. I do not 
think anybody could believe that.
  Mr. Speaker, our leadership cannot continually be blind and accept 
each and every denial that comes out of China. Newsweek recently 
reported that a team of U.S. nuclear weapons experts in America 
practically fainted when the CIA showed them the data that China had 
obtained. These are the guys that know what these weapons can do. They 
practically fainted when they found out that technology had been taken 
by espionage to the Communist Chinese.
  What did this data show? It showed that Chinese scientist also 
routinely used phrases, descriptions and concepts that came straight 
out of Los Alamos and Livermore labs. The Chinese penetration, they 
said, is total, one official close to the investigation said. They are 
deep, deep into the labs' black programs. Those are the top, top secret 
programs involving our country and our security.
  Now, today, because of these things that happened, the head of the 
Senate Intelligence Committee, Mr. Shelby, started investigating it. 
Mr. Shelby said that he had known there was an ongoing investigation 
and that it confirmed his worst fears. He said we have got to get to 
the bottom of this. He is working on it right now.
  One of the people, a senior analyst and nuclear weapons expert at the 
Natural Resources Defense Council, said, ``It is staggering. I am still 
in shock here.''


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Ryan of Wisconsin). The gentleman should 
please refrain from quoting Members of the other body.
  Mr. BURTON of Indiana. I will do that. I will mention the other body 
generically, Mr. Speaker.
  ``It is staggering,'' he said. ``I am still in shock here,'' a senior 
analyst and nuclear weapons expert at the Natural Resources Defense 
Council said. He said, ``If someone had access to Lee's,'' that is the 
fellow who was involved in the espionage, allegedly involved, 
``unclassified computer, this could be all over the world.''
  What he was talking about, this was this Mr. Wen Ho Lee, took this 
top secret information and he transferred it from a top secret computer 
into a non-top secret computer, where all you had to do was put in a 
password and you could get every one of our nuclear secrets that he had 
available to him.
  This has been going on for some time. Norris's colleague, physicist 
Matthew G. McKenzie said that ``unauthorized access to those programs, 
so-called legacy codes, used to simulate warhead detonation, would 
represent an unprecedented act of espionage in his scope. Get this. The 
espionage in the Manhattan Project, that was right after we discovered 
the nuclear bomb that ended World War II, the espionage in the 
Manhattan Project would pale, would pale, in comparison.''
  This is so much more damaging. We are focusing everything right now 
in the media almost on Kosovo, and our heart goes out to the people who 
are suffering over there. But this espionage endangers every man, woman 
and child in this country if we ever go to war with Communist China. 
And they have made threats in the Taiwan Straits. They have made overt 
threats about we would not go into Taiwan to protect them because we 
value Los Angeles more than we do Taiwan, which was an implied threat. 
So you do not know what might happen. They are a Communist 
dictatorship. Yet they got all this, and we keep working with them and 
dealing with them as if nothing happened.
  Asked whether Clinton stands by his statement that he made last month 
that there was no evidence indicating Chinese espionage on his watch, 
David Levy, a National Security Council spokesman, said, 
``Administration officials are investigating a number of recent 
allegations and are under no illusion that China and other nations 
continue to acquire secrets. This does not come as news to this 
administration,'' he said.
  Does not come as news? The President said just a few weeks ago that 
he had not been informed about it, even though the national security 
adviser, the head of National Security in this country, found out about 
it in 1996.
  Why? Why was this money coming into America from Chinese Communist 
sources into the campaign? Why did this technology transfer take place, 
this espionage? Why did that take place? And why did the President say 
he did not know about it?
  The transfers took place from 1983 to 1995 when Los Alamos began 
installing a new mechanism that would have made such transfers more 
difficult. It looks like he was moving quickly, Mr. Lee, in the last 
few months, to get it transferred before the new system came in. They 
were coming up with a new system.

[[Page 7906]]

  When the FBI finally searched Lee's computer last month, following 
his dismissal on March 8, the official said they found he had made an 
effort to erase what he had been doing as far as classified information 
was concerned.

                              {time}  1600

  Mr. Speaker, what is interesting is that the FBI a couple of years 
ago wanted to put electronic surveillance on Mr. Lee and the Justice 
Department said no. The Justice Department told the FBI two years ago 
that they did not want electronic surveillance on Mr. Lee because the 
information was not current enough. We were talking about espionage of 
our most top secret nuclear weapons systems, and the Justice Department 
denied the FBI the right to put electronic surveillance on this guy.
  In addition to that, they wanted a warrant to go in and look at his 
computer and search facilities of his, and that also was denied by the 
Justice Department. Why? What in the world is wrong with this 
administration, from the White House all the way to the Justice 
Department? I do not understand it.
  Mr. STEARNS. Mr. Speaker, will the gentleman yield?
  Mr. BURTON of Indiana. I yield to the gentleman from Florida.
  Mr. STEARNS. Mr. Speaker, I just wanted to come down here to the 
House floor to compliment the gentleman for what he is trying to do, to 
educate the American people and also educate some of our colleagues, in 
fact, many of our colleagues.
  Mr. Speaker, I served in the Air Force, and I was in a classified 
program dealing with top secret material, and the access we had to have 
to get into the room where we worked was coded, and the code would 
change, and we would have to punch it in. Then, when we had classified 
material on our desks, we had to account for this at the end of the 
day, and we had to account for it the next morning. There were very 
detailed procedures on how we handled it.
  What I read today in the paper, and in The New York Times yesterday, 
is very alarming, and I think the gentleman is talking about this 
scientist, Wen Ho Lee. It was reported in The New York Times on March 
24 that he was already under investigation. Now, the gentleman may have 
said this and I might have missed it.
  Mr. BURTON of Indiana. Mr. Speaker, they started investigating him in 
1996-1997.
  Mr. STEARNS. It was reported on March 24 of this year, he was under 
investigation as a suspected spy for China to run a sensitive weapons 
program, and it is just outrageous that they would continue to take a 
person like this and put him in that responsibility. Then he was asked, 
as the gentleman knows, to hire his own special assistant. So he hired 
a special assistant.
  Mr. BURTON of Indiana. This was after he was under surveillance.
  Mr. STEARNS. After he was under surveillance, after he was working 
there. So he hired a researcher who was a citizen of China. 
Intelligence and law enforcement officials have confirmed this. The FBI 
has said that they wanted to put a wiretap on Mr. Lee. And so it is 
sort of flabbergasts the American people, I think, if they look at it, 
how this individual could get a top secret clearance and get access to 
so much information.
  Mr. BURTON of Indiana. And why the Justice Department denied 
electronic surveillance on the man.
  Let me just interrupt my colleague and tell him something else that 
we recently found out, and I will be having other Special Orders going 
into other aspects of this, but the gentleman is welcome to stay so 
that we can discuss this.
  We found out under Hazel O'Leary, the previous head of the Department 
of Energy, that she relaxed, cut the budget for security, cut the 
security force to such a degree that the head of intelligence for the 
Energy Department was really alarmed. Not only that, they changed the 
cards, the cards that they used to have, one card for top secret 
people, another card for somebody else, color codes so people could not 
get into the top secret areas, she did away with those and came up with 
one card for everybody so you could not track who was going in and out 
of the top secret areas.
  This was an invitation to espionage. I cannot figure out why in the 
world they relaxed, they cut the budget for security, especially in 
view of the fact that this man was a suspect back as far as 1996. It 
does not make any sense to me.
  Mr. STEARNS. Mr. Speaker, if the gentleman will yield, just to 
confirm what the gentleman is saying, throughout all our military they 
do not have that type of operations in their classified programs, they 
do not have that one-pass-fits-all, and I do not think any classified 
program of that delicate a nature should have be relaxed; in fact, they 
should have increased security.
  Mr. BURTON of Indiana. Mr. Speaker, that is absolutely correct. 
However, this administration, for whatever reason, from top to bottom, 
is guilty of either just mishandling all of this or worse. I do not 
know what it is. But we need to get to the bottom of it because this 
endangers, as I said before, every man, woman and child in this 
country.
  Let me just go on with this article, because I have some things I 
would like to comment about it. When the FBI finally searched Lee's 
computer last month following his dismissal, they found that he was 
trying to erase top secret information that he had put in the computer. 
The official said that a password was needed to access the information 
even after Lee transferred it from the classified computer system, but 
all he had to do was give the password to one of his Communist friends 
and they could access every nuclear secret before him at that 
laboratory, everything that was in that computer, and this was top 
secret information that had been transferred to a non-top secret 
computer.
  The unclassified system allows investigators to determine when and 
whether the data was accessed, the official said, and initial 
indications are that the materials was accessed. So they think somebody 
did get into the computer and get this technology, at least a little 
bit.
  Who was looking at it remains unclear, the official said, since Lee 
could have given the password to anyone else in any government.
  Another high-ranking official reported no indication that the 
information was compromised. He denied a published report of evidence 
showing a password had been misused to gain access. He also denied that 
the FBI had been derelict in not searching Lee's computer at the 
beginning of the espionage investigation in 1996. At the time the FBI 
agents from the Bureau's Albuquerque field office wanted to search the 
computer but were told they needed a search warrant from the Federal 
court under the Foreign Intelligence Surveillance Act. The warrant was 
denied, the official said, because a lack of evidence showed that Mr. 
Lee was engaged in acts of espionage.
  If there was any doubt, why would the Justice Department not grant a 
search warrant? That would have been the prudent thing to do. They 
could have done that.
  I can tell the gentleman, the FBI would never go to the Justice 
Department without probable cause. If they think there is probable 
cause that espionage took place and they went to the Justice Department 
and that was denied, that is darn near criminal.
  Lee became a suspect in 1996 after the Energy Department and 
intelligence agencies determined that a Chinese military document that 
the CIA had obtained from some of our sources a year earlier contained 
classified data about the size and shape of the newest miniaturized 
nuclear weapon, which I was talking about, the W-88. The FBI was unable 
to gather hard evidence against him, and he has not been charged with a 
crime yet, but Lee was fired in March for security violations after the 
investigation was disclosed. The official said transferring data to an 
unclassified computer system would be or could be a crime, depending on 
the intent of the person who did it.

[[Page 7907]]

  As soon as FBI agents discovered Lee had transferred massive amounts 
of secret data to his unclassified computer, Richardson ordered to shut 
down, Mr. Richardson is now the head of the Energy Department, 
Richardson ordered a shutdown of the classified computers at Los 
Alamos, Lawrence Livermore and Sandia National Laboratories.
  The problem is this: The cat is out of the bag. The secrets have been 
taken by the Chinese communists. The things that our taxpayers spent 
millions and millions and millions of dollars and hundreds and 
thousands of man-hours researching to protect the citizens of this 
country have been given away through espionage to the Chinese 
communists, endangering every man, woman and child in this country.
  My committee will continue to investigate the illegal campaign 
contributions. The Cox report which looked into this espionage should 
be made public. The White House has blocked, according to the 
information I have, the White House has continued to block the Cox 
report from being made public. Much of it has been leaked to the 
American people through the media, but not all, and that information 
needs to be made known to every man, woman and child.
  Because if this administration has been derelict in its 
responsibilities and endangered every man, woman and child, it is more 
important than Kosovo. It is more important than anything. And we need 
to get to the bottom of it and those who let this happen, for whatever 
reason, campaign contributions or because they like the Chinese or 
whatever reason. They need to be held accountable and brought to 
justice.
  Mr. STEARNS. Mr. Speaker, if the gentleman will yield, I would just 
echo what the gentleman says. If nothing else, at some point we in the 
House should have an up-or-down vote to make the Cox report public if 
the White House continues to procrastinate on this, and at that point 
the House can redact or take out the things that they think would 
compromise some of our agents, but somehow we have to get this report 
public.
  So I think the gentleman's effort here this afternoon in trying to 
say to the American people, this is important to us, this is important 
to Congress, we have to get to the bottom of this, is right on target. 
As the gentleman pointed out earlier, the Department of Energy as well 
as the administration knew all about this a long time ago. They relaxed 
the security provisions, and that in itself is terrible. The fact that 
the White House did not move quickly to put in place more secure 
operations is a sad commentary.
  Mr. BURTON of Indiana. Mr. Speaker, one other thing. Just a few weeks 
ago the President denied he had knowledge of any of this, and yet we 
know that he was briefed by Sandy Berger as far back as 1997. I can not 
understand why he is saying that.
  This chart, which I did not get to today, but I will get to in a 
future Special Order, and I hope the gentleman from Florida will once 
again join me as I get additional information for people regarding this 
espionage.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Engel (at the request of Mr. Gephardt) for today on account of 
family illness.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Filner) to revise and 
extend their remarks and include extraneous material:)
  Mr. Filner, for 5 minutes, today.
  Ms. Norton, for 5 minutes, today.
  Mr. Underwood, for 5 minutes, today.
  Mr. Luther, for 5 minutes, today.
  Mr. Blumenauer, for 5 minutes, today.
  Mr. Minge, for 5 minutes, today.
  Ms. Hooley of Oregon, for 5 minutes, today.
  Mr. Stenholm, for 5 minutes, today.
  Mr. Davis of Florida, for 5 minutes, today.
  Mr. Dooley of California, for 5 minutes, today.
  Mr. Smith of Washington, for 5 minutes, today.
  Mr. Holt, for 5 minutes, today.
  Mr. Sherman, for 5 minutes, today.
  Mr. Cummings, for 5 minutes, today.
  (The following Members (at the request of Mr. Fletcher) to revise and 
extend their remarks and include extraneous material:)
  Mr. Nethercutt, for 5 minutes, today.
  Mr. Metcalf, for 5 minutes, today.
  Mr. Whitfield, for 5 minutes, on May 3.

                          ____________________




                              ADJOURNMENT

  Mr. BURTON of Indiana. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly, (at 4 o'clock and 13 minutes 
p.m.), under its previous order the House adjourned until Monday, May 
3, 1999, at 2 p.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       1780. A letter from the Secretary of Transportation, 
     transmitting the annual report of the Maritime Administration 
     (MARAD) for Fiscal Year 1998, pursuant to 46 U.S.C. app. 
     1118; to the Committee on Armed Services.
       1781. A letter from the Administrator, Panama Canal 
     Commission, transmitting a draft of proposed legislation to 
     authorize expenditures for fiscal year 2000 for the operation 
     and maintenance of the Panama Canal; to the Committee on 
     Armed Services.
       1782. A letter from the Secretary of Health and Human 
     Services Secretary of Labor, transmitting a draft of proposed 
     legislation to reauthorize the Older Americans Act of 1965 
     and thereby set the stage for strategic activities the 
     Administration will pursue to more effectively and 
     efficiently serve older Americans and their caregivers in the 
     21st Century; to the Committee on Education and the 
     Workforce.
       1783. A letter from the Acting Assistant General Counsel 
     for Regulatory Law, Department of Energy, transmitting Life 
     Cycle Asset Management; to the Committee on Commerce.
       1784. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report which 
     describes current conditions in Hong Kong of interest to the 
     United States, the report covers the period since the last 
     report in March 1998; to the Committee on International 
     Relations.
       1785. A letter from the Assistant Secretary for Fish and 
     Wildlife and Parks, Department of the Interior, transmitting 
     a draft of proposed legislation to authorize the transfer of 
     administrative jurisdiction of land within the boundary of 
     the Home of Franklin Delano Roosevelt National Historic Site 
     to the Archivist of the United States for the construction of 
     a visitor center; to the Committee on Resources.
       1786. A letter from the Chief Justice, the Supreme Court of 
     the United States, transmitting amendments to the Federal 
     Rules of Bankruptcy Procedure as adopted by the Court, 
     pursuant to 28 U.S.C. 2075; (H. Doc. No. 106-53); to the 
     Committee on the Judiciary and ordered to be printed.
       1787. A letter from the Chief Justice, the Supreme Court of 
     the United States, transmitting amendments to the Federal 
     Rules of Civil Procedure adopted by the Court; (H. Doc. No. 
     106-54); to the Committee on the Judiciary and ordered to be 
     printed.
       1788. A letter from the Chief Justice, the Supreme Court of 
     the United States, transmitting amendments to the Federal 
     Rules of Criminal Procedure adopted by the Court; (H. Doc. 
     No. 106-55); to the Committee on the Judiciary and ordered to 
     be printed.
       1789. A letter from the President, U.S. Institute of Peace, 
     transmitting a report of the audit of the Institute's 
     accounts for fiscal year 1998, pursuant to 22 U.S.C. 4607(h); 
     jointly to the Committees on International Relations and 
     Education and the Workforce.
       1790. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a draft of 
     proposed legislation to authorize appropriations for the 
     Department of State to carry out its authorities and 
     responsibilities in the conduct of foreign affairs during the 
     fiscal years 2000 and 2001; jointly to the Committees on 
     International Relations, Government Reform, and Ways and 
     Means.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk

[[Page 7908]]

for printing and reference to the proper calendar, as follows:

       Mr. SENSENBRENNER: Committee on Science. H.R. 1183. A bill 
     to amend the Fastener Quality Act to strengthen the 
     protection against the sale of mismarked, misrepresented, and 
     counterfeit fasteners and eliminate unnecessary requirements, 
     and for other purposes; with an amendment (Rept. 106-121, Pt. 
     1). Referred to the Committee of the Whole House on the State 
     of the Union.
       Mr. GILMAN: Committee on International Relations. H.R. 
     1211. A bill to authorize appropriations for the Department 
     of State and related agencies for fiscal years 2000 and 2001, 
     and for other purposes; with amendments (Rept. 106-122). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. GEKAS: Committee on the Judiciary. H.R. 833. A bill to 
     amend title 11 of the United States Code, and for other 
     purposes; with an amendment (Rept. 106-123 Pt. 1). Referred 
     to the Committee of the Whole House on the State of the 
     Union.


                         discharge of committee

  Pursuant to clause 5 of rule X the Committee on Banking and Financial 
Services discharged from further consideration. H.R. 833 referred to 
the Committee of the Whole House on the State of the Union.
  Pursuant to clause 5 of rule X the Committee on Commerce discharged 
from further consideration. H.R. 1183 referred to the Committee of the 
Whole House on the State of the Union.

                          ____________________




                    TIME LIMITATION OF REFERRED BILL

  Pursuant to clause 5 of rule X the following action was taken by the 
Speaker:

       H.R. 833. Referral to the Committee on Banking and 
     Financial Services extended for a period ending not later 
     than April 29, 1999.
       H.R. 1183. Referral to the Committee on Commerce extended 
     for a period ending not later than April 29, 1999.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. GEJDENSON (for himself and Mr. Neal of 
             Massachusetts):
       H.R. 1619. A bill to amend the Quinebaug and Shetucket 
     Rivers Valley National Heritage Corridor Act of 1994 to 
     expand the boundaries of the Corridor; to the Committee on 
     Resources.
           By Mr. ISTOOK (for himself, Mr. Ballenger, Mr. Boehner, 
             Mr. Bonilla, Mr. Burton of Indiana, Mr. Cannon, Mr. 
             Chabot, Mr. Combest, Mrs. Cubin, Mr. Cunningham, Mr. 
             Deal of Georgia, Mr. DeLay, Mr. DeMint, Mr. Dickey, 
             Mrs. Emerson, Mr. Graham, Ms. Granger, Mr. 
             Hostettler, Mr. Sam Johnson of Texas, Mr. McIntosh, 
             Mr. Miller of Florida, Mrs. Myrick, Mr. Nethercutt, 
             Mrs. Northup, Mr. Norwood, Mr. Largent, Mr. Paul, Mr. 
             Porter, Mr. Schaffer, Mr. Stump, Mr. Talent, Mr. 
             Tancredo, Mr. Wamp, Mr. Wicker, and Mr. Young of 
             Florida):
       H.R. 1620. A bill to amend the National Labor Relations Act 
     to provide for inflation adjustments to the mandatory 
     jurisdiction thresholds of the National Labor Relations 
     Board; to the Committee on Education and the Workforce.
           By Mr. FRANKS of New Jersey (for himself, Mr. Dingell, 
             Mr. McHugh, Mr. George Miller of California, Mr. 
             Smith of New Jersey, Mr. Kildee, Mr. LaTourette, Mr. 
             Hinchey, Mr. Forbes, Mr. Brown of Ohio, Mr. Deal of 
             Georgia, Ms. Danner, Mr. Bachus, Ms. DeLauro, Mr. 
             Weiner, Mr. Brady of Pennsylvania, Mrs. Mink of 
             Hawaii, Mrs. Maloney of New York, Mr. Lipinski, Mr. 
             Green of Texas, Mr. Spratt, Mr. Clyburn, Mr. 
             Visclosky, Mr. Goode, Mr. Pascrell, Mr. Stark, Mrs. 
             Thurman, and Mr. Pallone):
       H.R. 1621. A bill to prohibit the use of the ``Made in 
     USA'' label on products of the Commonwealth of the Northern 
     Mariana Islands and to deny such products duty-free and 
     quota-free treatment; to the Committee on Resources, and in 
     addition to the Committee on Ways and Means, for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. KLECZKA:
       H.R. 1622. A bill to prohibit the importation of products 
     made with dog or cat fur, to prohibit the sale, manufacture, 
     offer for sale, transportation, and distribution of products 
     made with dog or cat fur in the United States, and for other 
     purposes; to the Committee on Ways and Means, and in addition 
     to the Committee on Commerce, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. CLAY (for himself, Mr. Kildee, and Mr. 
             Martinez):
       H.R. 1623. A bill to reduce class size, and for other 
     purposes; to the Committee on Education and the Workforce.
           By Mr. LaFALCE (for himself, Mr. Vento, Mr. Kanjorski, 
             Mr. Frank of Massachusetts, Ms. Hooley of Oregon, Ms. 
             Lee, Ms. Schakowsky, Mrs. Meek of Florida, Mr. 
             Waxman, Mr. Rahall, Mr. Filner, Mr. Brown of 
             California, Ms. Woolsey, Mr. Olver, Mr. Meehan, and 
             Mr. Brady of Pennsylvania):
       H.R. 1624. A bill to improve the quality of housing for 
     elderly individuals and families, and for other purposes; to 
     the Committee on Banking and Financial Services.
           By Mr. LANTOS (for himself, Mrs. Morella, Mr. Porter, 
             Mr. Kucinich, Mr. Smith of New Jersey, Ms. McKinney, 
             Mr. Barrett of Wisconsin, Mr. Berman, Mr. 
             Blagojevich, Mr. Boucher, Mr. Brown of California, 
             Mr. Brown of Ohio, Mr. Clyburn, Mr. Costello, Mr. 
             Coyne, Mr. DeFazio, Mr. Delahunt, Mr. Engel, Mr. 
             Evans, Mr. Farr of California, Mr. Frank of 
             Massachusetts, Mr. Gutierrez, Mr. Hinchey, Ms. 
             Kilpatrick, Mr. Kleczka, Mr. Lewis of Georgia, Ms. 
             Lofgren, Mrs. Lowey, Mr. Luther, Mr. McDermott, Mr. 
             McGovern, Mr. McNulty, Mrs. Maloney of New York, Mr. 
             George Miller of California, Mr. Minge, Mr. Moakley, 
             Ms. Norton, Mr. Oberstar, Mr. Olver, Ms. Pelosi, Mr. 
             Peterson of Minnesota, Ms. Rivers, Mr. Sabo, Ms. 
             Slaughter, Mr. Stark, Ms. Schakowsky, Mr. Shays, Mr. 
             Smith of Washington, Mrs. Thurman, Mr. Underwood, Mr. 
             Waxman, Mr. Weiner, and Mr. Wexler):
       H.R. 1625. A bill to provide a process for declassifying on 
     an expedited basis certain documents relating to human rights 
     abuses in Guatemala, Honduras, and other regions; to the 
     Committee on Government Reform.
           By Mr. BAKER:
       H.R. 1626. A bill to amend the Clean Air Act to repeal the 
     highway sanctions; to the Committee on Commerce.
           By Mr. BALDACCI (for himself and Mr. Allen):
       H.R. 1627. A bill to require the Secretary of Housing and 
     Urban Development to distribute funds available for grants 
     under title IV of the Stewart B. McKinney Homeless Assistance 
     Act to help ensure that each State receives not less than 0.5 
     percent of such funds for certain programs, and for other 
     purposes; to the Committee on Banking and Financial Services.
           By Ms. BROWN of Florida:
       H.R. 1628. A bill to direct the Secretary of Veterans 
     Affairs to establish a national cemetery for veterans in the 
     Miami, Florida, metropolitan area; to the Committee on 
     Veterans' Affairs.
           By Mrs. CLAYTON (for herself, Mr. Clay, Mr. Etheridge, 
             Mr. Price of North Carolina, Mrs. Mink of Hawaii, 
             Mrs. Roukema, Mr. LaHood, Mr. Sanders, Mr. Clyburn, 
             Mr. Boucher, Mr. Pomeroy, Mr. Costello, Mr. Towns, 
             Mr. Bishop, Mr. Scott, Mr. Owens, Mr. George Miller 
             of California, Mr. Ford, Mr. Frost, Mr. Wu, Mr. 
             Cummings, Mr. Taylor of Mississippi, Mr. Jackson of 
             Illinois, Mr. John, Ms. Woolsey, Mr. Turner, Mrs. 
             Thurman, Mr. Holden, and Mrs. Christensen):
       H.R. 1629. A bill to provide grants to rural eligible local 
     educational agencies to enable the agencies to recruit and 
     retain qualified teachers; to the Committee on Education and 
     the Workforce.
           By Mr. COYNE (for himself and Mr. Rangel):
       H.R. 1630. A bill to amend the Internal Revenue Code of 
     1986 to extend permanently environmental remediation costs; 
     to the Committee on Ways and Means.
           By Mr. FORD:
       H.R. 1631. A bill to amend the Internal Revenue Code of 
     1986 to make higher education more affordable by providing a 
     full tax deduction for higher education expenses and interest 
     on student loans; to the Committee on Ways and Means.
           By Mr. GREEN of Wisconsin (for himself and Mr. Ryan of 
             Wisconsin):
       H.R. 1632. A bill to provide that certain attribution rules 
     be applied with respect to the counting of certain prisoners 
     in a decennial census of population; to the Committee on 
     Government Reform.
           By Mr. HOUGHTON (for himself, Mr. Rangel, Mr. English, 
             Mr. Ramstad, Mr. Crane, Mr. Kleczka, Mr. Thomas, Mr. 
             Watkins, Mr. McInnis, Mr. Herger, Mr. Matsui, Mr. 
             Hayworth, Mr. McCrery, Mr. Becerra, Mr. Sam Johnson 
             of Texas, Mrs. Johnson of Connecticut, Mr. Hulshof, 
             Mr. Levin, Mrs. Thurman, Mr. Lewis of Georgia, Ms. 
             Dunn, Mr. Portman, Mr. Jefferson, Mr. Cardin, Mr. 
             Foley, and Mr. Camp):
       H.R. 1633. A bill to amend the Internal Revenue Code of 
     1986 to repeal the limitation on

[[Page 7909]]

     the use of foreign tax credits under the alternative minimum 
     tax; to the Committee on Ways and Means.
           By Mr. JONES of North Carolina:
       H.R. 1634. A bill to amend the Consumer Credit Protection 
     Act to assure meaningful disclosures of the terms of rental-
     purchase agreements, including disclosures of all costs to 
     consumers under such agreements, to provide certain 
     substantive rights to consumers under such agreements, and 
     for other purposes; to the Committee on Banking and Financial 
     Services.
       H.R. 1635. A bill to amend the Internal Revenue Code of 
     1986 to provide that a member of the uniformed services shall 
     be treated as using a principal residence while away from 
     home on qualified official extended duty in determining the 
     exclusion of gain from the sale of such residence; to the 
     Committee on Ways and Means.
           By Mrs. LOWEY (for herself, Mr. Castle, Mrs. Clayton, 
             Mrs. Johnson of Connecticut, Mr. Lewis of Georgia, 
             Mr. Kolbe, Mrs. Capps, Mr. Shays, Ms. Jackson-Lee of 
             Texas, Mrs. Morella, Mr. Barrett of Wisconsin, Ms. 
             Pryce of Ohio, Mr. Towns, Mr. Porter, Mrs. Thurman, 
             Mrs. Roukema, and Mr. Moran of Virginia):
       H.R. 1636. A bill to provide for a reduction in the rate of 
     adolescent pregnancy through the evaluation of public and 
     private prevention programs, and for other purposes; to the 
     Committee on Commerce.
           By Mr. MARTINEZ:
       H.R. 1637. A bill to amend the Older Americans Act of 1965 
     to extend authorizations of appropriations for programs under 
     the Act through fiscal year 2004, to establish a National 
     Family Caregiver Support Program, to modernize aging programs 
     and services, to address the need to engage in life course 
     planning, and for other purposes; to the Committee on 
     Education and the Workforce.
           By Mr. McINNIS:
       H.R. 1638. A bill to amend the Internal Revenue Code of 
     1986 to expand S corporation eligibility for banks, and for 
     other purposes; to the Committee on Ways and Means.
           By Mr. QUINN:
       H.R. 1639. A bill to amend title XVIII of the Social 
     Security Act to require 6-months' advance notice to enrollees 
     of Medicare managed care plans of termination of hospital 
     participation under such plans; to the Committee on Ways and 
     Means, and in addition to the Committee on Commerce, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. RANGEL:
       H.R. 1640. A bill to amend the Internal Revenue Code of 
     1986 to restore and make permanent the exclusion from gross 
     income for amounts received under qualified group legal 
     services plans; to the Committee on Ways and Means.
           By Mr. REGULA:
       H.R. 1641. A bill to amend the Federal Election Campaign 
     Act of 1971 to eliminate PAC contributions to individual 
     House of Representatives candidates, to provide a tax credit 
     and tax deduction for contributions to such candidates, to 
     provide for voluntary expenditure limitations in House of 
     Representatives elections, and for other purposes; to the 
     Committee on House Administration, and in addition to the 
     Committees on Ways and Means, and Commerce, for a period to 
     be subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. ROGAN:
       H.R. 1642. A bill to require local educational agencies to 
     develop and implement a random drug testing and counseling 
     program for students in grades 9 through 12; to the Committee 
     on Education and the Workforce.
           By Mr. SAXTON (for himself and Mr. Faleomavaega):
       H.R. 1643. A bill to establish a moratorium on large 
     fishing vessels in Atlantic herring and mackerel fisheries; 
     to the Committee on Resources.
           By Mr. SERRANO (for himself, Mr. Leach, Mr. Allen, Mr. 
             Barrett of Wisconsin, Mr. Blumenauer, Mr. Boucher, 
             Mr. Brown of California, Mr. Campbell, Mr. Clay, Mr. 
             Cummings, Mr. Davis of Illinois, Mr. Delahunt, Mr. 
             Dooley of California, Mr. English, Mr. Evans, Mr. 
             Farr of California, Mr. Hilliard, Mr. John, Ms. 
             Kilpatrick, Mr. LaFalce, Mr. Lampson, Ms. Lee, Ms. 
             Lofgren, Mrs. Lowey, Mr. McDermott, Mr. McGovern, Ms. 
             McKinney, Mrs. Maloney of New York, Mr. Meeks of New 
             York, Mr. George Miller of California, Mr. Minge, Mr. 
             Moakley, Mr. Moran of Virginia, Mr. Moran of Kansas, 
             Mrs. Morella, Mr. Nadler, Mr. Neal of Massachusetts, 
             Mr. Nethercutt, Mr. Ney, Mr. Oberstar, Mr. Olver, Ms. 
             Pelosi, Ms. Rivers, Ms. Roybal-Allard, Mr. Rush, Mr. 
             Shays, Mr. Stark, Ms. Waters, and Ms. Woolsey):
       H.R. 1644. A bill to provide the people of Cuba with access 
     to food and medicines from the United States, and for other 
     purposes; to the Committee on International Relations, and in 
     addition to the Committee on Agriculture, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. STARK (for himself, Mr. McDermott, Mr. Lewis of 
             Georgia, Mrs. Thurman, Ms. Kaptur, Ms. Jackson-Lee of 
             Texas, Mr. Filner, Mr. Cummings, Ms. Brown of 
             Florida, Mr. Frost, and Mr. Hilliard):
       H.R. 1645. A bill to amend title XVIII of the Social 
     Security Act to provide for full payment rates under Medicare 
     to hospitals for costs of direct graduate medical education 
     of residents for residency training programs in specialties 
     or subspecialties which the Secretary of Health and Human 
     Services designates as critical need specialty or 
     subspecialty training programs; to the Committee on Ways and 
     Means, and in addition to the Committee on Commerce, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. STARK:
       H.R. 1646. A bill to authorize the Secretary of Health and 
     Human Services to provide for an extra payment amount under 
     the Medicare Program to rural providers of services who 
     furnish case manager services to Medicare beneficiaries; to 
     the Committee on Ways and Means, and in addition to the 
     Committee on Commerce, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. SWEENEY:
       H.R. 1647. A bill to amend the Crime Control Act of 1990 to 
     prohibit law enforcement agencies from imposing a waiting 
     period before accepting reports of missing children less than 
     21 years of age; to the Committee on the Judiciary.
           By Mrs. TAUSCHER (for herself, Mr. Boehlert, Mr. Brown 
             of California, Mrs. Christensen, Mr. Condit, Mr. 
             Conyers, Mr. Crowley, Mr. Cummings, Mr. DeFazio, Mr. 
             Dingell, Mr. Dooley of California, Mr. Etheridge, Mr. 
             Filner, Mr. Frost, Mr. Gilchrest, Mr. Green of Texas, 
             Mr. Holden, Mr. Kucinich, Mr. Lampson, Mr. Lewis of 
             Georgia, Ms. Lofgren, Mr. Martinez, Mr. McGovern, Mr. 
             McIntyre, Mr. Moran of Virginia, Mr. Payne, Ms. 
             Pelosi, Mr. Roemer, Mr. Sherman, Mr. Shows, Ms. 
             Stabenow, Mr. Stark, Mr. Tierney, and Mr. Weiner):
       H.R. 1648. A bill to establish State infrastructure banks 
     for education; to the Committee on Education and the 
     Workforce.
           By Mr. TIAHRT (for himself, Mr. Royce, Mr. Rohrabacher, 
             Mr. Sanford, Mrs. Myrick, Mr. Pitts, Mr. Doolittle, 
             Mr. Sununu, Mr. Pombo, Mr. Coburn, Mr. Shadegg, Mr. 
             Goss, Mr. Ryun of Kansas, Mr. Kasich, Mr. Foley, Mr. 
             Miller of Florida, Mrs. Kelly, Mr. Weldon of Florida, 
             Mr. Paul, Mr. Bartlett of Maryland, Mr. DeLay, Mr. 
             Ehrlich, Mr. Blunt, and Mr. McIntosh):
       H.R. 1649. A bill to abolish the Department of Energy; to 
     the Committee on Commerce, and in addition to the Committees 
     on Armed Services, Science, Resources, Rules, and Government 
     Reform, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. UPTON (for himself, Mr. LaFalce, Mr. Bonilla, 
             Mr. Conyers, Mr. McHugh, Ms. Jackson-Lee of Texas, 
             Mr. Metcalf, Mr. Knollenberg, Mr. Camp, Mr. Rahall, 
             Mr. Quinn, Mr. Pastor, Mr. Stupak, Mr. Sensenbrenner, 
             Mr. Sununu, Mr. Baldacci, Ms. Schakowsky, Mr. 
             Houghton, Mr. Walsh, Mr. Allen, Mr. Holden, Mr. 
             Reyes, Mr. Frost, Mr. Davis of Florida, Ms. Rivers, 
             Mr. Pomeroy, Mr. English, Mr. Ehlers, Mr. Smith of 
             Michigan, Mr. Kildee, Mr. Campbell, Mr. Ortiz, Mr. 
             Hoekstra, Mr. Oxley, Mr. LaTourette, Mr. Pickett, Mr. 
             Sabo, Mr. Rodriguez, Mr. Wynn, Ms. Lee, and Mr. 
             Bonior):
       H.R. 1650. A bill to amend the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 to modify the 
     requirements for implementation of an entry-exit control 
     system; to the Committee on the Judiciary, and in addition to 
     the Committee on Ways and Means, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. YOUNG of Alaska (for himself, Mr. Saxton, and 
             Mr. Faleomavaega):
       H.R. 1651. A bill to amend the Fishermen's Protective Act 
     of 1967 to extend the period during which reimbursement may 
     be provided to owners of United States fishing vessels for 
     costs incurred when such a vessel is seized and detained by a 
     foreign country; to the Committee on Resources.
           By Mr. YOUNG of Alaska (for himself and Mr. Saxton):

[[Page 7910]]


       H.R. 1652. A bill to establish the Yukon River Salmon 
     Advisory Panel; to the Committee on Resources.
           By Mr. YOUNG of Alaska (for himself, Mr. Saxton, and 
             Mr. Faleomavaega) (all by request):
       H.R. 1653. A bill to approve a governing international 
     fishery agreement between the United States and the Russian 
     Federation; to the Committee on Resources.
           By Mr. KASICH:
       H.J. Res. 49. A joint resolution to designate the Village 
     of Sunbury, Ohio, as ``Flagville, U.S.A.''; to the Committee 
     on Government Reform.

                          ____________________




                               MEMORIALS

  Under clause 3 of rule XII, memorials were presented and referred as 
follows:

       27. The SPEAKER presented a memorial of the Senate of the 
     State of Idaho, relative to Senate Joint Memorial No. 104 
     memorializing that they support the passage of the Imported 
     Meat Labeling Act of 1999 by the First Session of the 106th 
     Congress; to the Committee on Agriculture.
       28. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 650 memorializing the Congress of the United States be 
     urged to reconsider federal restrictions on discipline of 
     certain students with disabilities; to the Committee on 
     Education and the Workforce.
       29. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 552 memorializing the Congress of the United States be 
     urged to either enact meaningful patient protections at the 
     federal level with respect to employer self-funded plans or, 
     in the absence of such federal action, amend the Employee 
     Retirement Income Security Act (ERISA) of 1974 to grant 
     authority to all individual states to monitor and regulate 
     self-funded, employer-based health plans; to the Committee on 
     Education and the Workforce.
       30. Also, a memorial of the House of Representatives of the 
     State of Michigan, relative to House Resolution No. 14 
     memorializing the Congress to enact legislation to prohibit 
     the federal government from claiming any tobacco settlement 
     money from the states or directing how the states expend 
     these funds; to the Committee on Commerce.
       31. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 640 memorializing the Congress of the United States be 
     urged to direct the Federal Communications Commission to 
     study the feasibility of including all of Buchanan County, 
     Virginia, and all of Dickenson County, Virginia, into the 
     Southwest Virginia Network; to the Committee on Commerce.
       32. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 598 memorializing the Congress of the United States be 
     urged to enact legislation giving states and localities the 
     power to control waste imports into their jurisdictions; to 
     the Committee on Commerce.
       33. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 581 memorializing the Congress of the United States be 
     urged to enact legislation to prevent the seizure of state 
     tobacco settlement funds by the federal government, and that 
     the federal government be urged not to interfere in the 
     tobacco settlement which has been reached between the fifty 
     states and the largest tobacco manufacturers; to the 
     Committee on Commerce.
       34. Also, a memorial of the Senate of the State of Maine, 
     relative to Senate Paper #750 memorializing the President of 
     the United States and the United States Congress to support a 
     World War II Memorial; to the Committee on Resources.
       35. Also, a memorial of the General Assembly of the 
     Commonwealth of Virginia, relative to Senate Joint Resolution 
     No. 440 memorializing Congress to enact the ``Conservation 
     and Reinvestment Act''; to the Committee on Resources.
       36. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 754 memorializing the Congress of the United States be 
     urged to grant historic congressional federal recognition to 
     the Chickahominy; the Chickahominy, Eastern Division; the 
     Mattaponi; the Monacan; the Nansemond; the Pamunkey; the 
     Rappahannock; and the Upper Mattaponi as Indian tribes under 
     federal law; to the Committee on Resources.
       37. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 568 memorializing the retention of the 1,250-mile 
     perimeter rule and slot rule at Ronald Reagan Washington 
     National Airport be supported and that any relaxation of, 
     exemption from, or amendment to Section 6012 of the 
     Metropolitan Washington Airports Act of 1986 or the 
     regulations promulgated pursuant thereto be opposed; to the 
     Committee on Transportation and Infrastructure.
       38. Also, a memorial of the General Assembly of the State 
     of North Dakota, relative to House Concurrent Resolution No. 
     3039 memorializing the United States Congress to enact 
     legislation to return adequate funds to states to fund the 
     employment security system and give a fair return to 
     employers for the taxes employers pay under the Federal 
     Unemployment Tax Act; to the Committee on Ways and Means.
       39. Also, a memorial of the Senate of the State of Idaho, 
     relative to Senate Joint Memorial No. 103 memorializing the 
     Congress and the President to provide that the provisions of 
     the North American Free Trade Agreement be enforced or that 
     the Agreement be nullified and the United States withdrawn 
     from the provisions of and participating in the Agreement; to 
     the Committee on Ways and Means.
       40. Also, a memorial of the Senate of the State of Idaho, 
     relative to Senate Joint Memorial No. 101 memorializing that 
     they strongly support aggressive, immediate and continued 
     management activities on all acres of Douglas fir bark beetle 
     infested lands on all Idaho national forests, and 
     specifically on the Idaho Panhandle National Forests; jointly 
     to the Committees on Resources and Agriculture.
       41. Also, a memorial of the Senate of the State of Idaho, 
     relative to Senate Joint Memorial No. 102 memorializing the 
     Congress to implement procedures similiar to the procedure 
     employed by the state of Idaho which requires all rules 
     proposed by executive agencies to be submitted to the 
     Legislature of the State of Idaho for final approval before 
     such administrative law may become effective; jointly to the 
     Committees on the Judiciary and Government Reform.
       42. Also, a memorial of the House of Delegates of the 
     Commonwealth of Virginia, relative to House Joint Resolution 
     No. 649 memorializing that availability and unfettered usage 
     of strong encryption technology for any legitimate purpose 
     will enable and facilitate the growth of the information 
     economy and therefore should be encouraged and supported by 
     government at all levels; jointly to the Committees on 
     International Relations, Commerce, and the Judiciary.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 5: Ms. Stabenow, Mrs. Northup, and Mr. Goodling.
       H.R. 8: Mr. Rogan, Mr. Scarborough, Mr. Saxton, Mr. Green 
     of Wisconsin, Mr. Deal of Georgia, Mr. Bass, Mr. Boehlert, 
     Mrs. Biggert, Mr. Sam Johnson of Texas, Mr. Sununu, and Mr. 
     Whitfield.
       H.R. 49: Mr. Boswell and Mr. English.
       H.R. 137: Mr. Forbes.
       H.R. 142: Mr. Bateman, Mrs. Biggert, and Mr. Coburn.
       H.R. 175: Mr. Packard, Mr. Gallegly, Mr. Dreier, Mr. Farr 
     of California, Mr. Bateman, Mr. Spence, Mr. Watts of 
     Oklahoma, Mr. King, Mrs. Napolitano, Mr. Rogers, Mr. Spratt, 
     Mr. Phelps, and Mr. Stark.
       H.R. 230: Ms. Slaughter.
       H.R. 261: Ms. Schakowsky.
       H.R. 262: Mr. McDermott and Mr. Rangel.
       H.R. 315: Mr. Meeks of New York, Mr. Crowley, Mr. Holt, and 
     Mr. Berman.
       H.R. 323: Mr. Ackerman.
       H.R. 324: Mr. Davis of Illinois.
       H.R. 351: Mr. Shimkus, Mr. Houghton, and Mrs. Biggert.
       H.R. 353: Mr. Capuano, Mr. Nussle, Mr. Weldon of 
     Pennsylvania, Mrs. Mink of Hawaii, Ms. Pelosi, Mr. Pallone, 
     Ms. DeLauro, Mr. Pastor, and Mr. McNulty.
       H.R. 383: Mr. Lazio, and Mr. Cooksey.
       H.R. 425: Mr. English, Ms. Schakowsky, Mr. Campbell, and 
     Mr. Oberstar.
       H.R. 488: Mr. LaTourette.
       H.R. 516: Mr. Coburn, Mr. Walsh, and Mr. Walden of Oregon.
       H.R. 518: Mr. Coburn, Mr. Walsh, and Mr. Upton.
       H.R. 544: Mrs. Emerson.
       H.R. 568: Ms. Stabenow.
       H.R. 580: Ms. Dunn, Mr. Lewis of Georgia, Mr. McCrery, and 
     Mr. Stark.
       H.R. 629: Mr. Sandlin.
       H.R. 632: Mr. Gutknecht, Mr. Deutsch, Mr. LoBiondo, Mr. 
     Walsh, Mr. Holt, Mr. Gary Miller of California, Mrs. 
     Christensen, Mr. Cook, Mr. Diaz-Balart, Mr. Ramstad, Mr. 
     Hayes, Mr. LaHood, and Mr. Deal of Georgia.
       H.R. 639: Mr. DeMint.
       H.R. 648: Ms. Pryce of Ohio and Mr. Lampson.
       H.R. 655: Ms. DeGette, Mrs. Johnson of Connecticut, and Mr. 
     Baldacci.
       H.R. 673: Mr. Young of Florida.
       H.R. 674: Mr. McInnis and Mr. Houghton.
       H.R. 716: Mr. Rodriguez.
       H.R. 721: Mr. Moakley.
       H.R. 742: Mr. Andrews, Mr. Stupak, Mr. Watkins, and Ms. 
     Woolsey.
       H.R. 750: Mr. Ganske and Mr. Nadler.
       H.R. 756: Mr. Burton of Indiana.
       H.R. 764: Mr. Boehlert, Mrs. Fowler, Mr. Cramer, Mr. 
     Hobson, Mr. Cooksey, Mr. Franks of New Jersey, Mrs. Johnson 
     of Connecticut, and Mr. LaHood.
       H.R. 773: Mr. Mica, Mr. Watt of North Carolina, Mr. Larson, 
     and Mr. Fossella.
       H.R. 775: Mr. Simpson.
       H.R. 796: Mr. Istook, Mr. Packard, and Mr. Frost.

[[Page 7911]]


       H.R. 815: Mr. Ganske, Mr. Smith of New Jersey, Mr. Bachus, 
     and Mr. DeMint.
       H.R. 828: Mr. Bass.
       H.R. 835: Mr. Thompson of California.
       H.R. 845: Mr. Barrett of Wisconsin.
       H.R. 864: Mr. Walsh, Mr. Radanovich, Mr. Walden of Oregon, 
     Mr. Frelinghuysen, Mr. Gary Miller of California, Mr. Farr of 
     California, Mr. Packard, Mr. Gallegly, Mr. Dreier, Mr. 
     Herger, Mr. Bateman, Mr. Spence, Mr. King, Mrs. Napolitano, 
     Mr. Meeks of New York, Mr. Spratt, Mr. Blumenauer, Ms. 
     Woolsey, Mr. Maloney of Connecticut, and Mr. Phelps.
       H.R. 872: Mr. Underwood.
       H.R. 895: Mr. Towns, Mr. Gutierrez, Mr. Price of North 
     Carolina, Ms. Roybal-Allard, Mr. Blumenauer, Mr. Udall of 
     Colorado, Mr. Martinez, Mr. Jackson of Illinois, Mr. Inslee, 
     Mr. Rangel, Ms. Waters, Mrs. Capps, Mr. Berman, Mr. Allen, 
     Ms. Rivers, Mr. Brown of Ohio, Ms. Woolsey, Mr. Gejdenson, 
     Mr. Underwood, and Mr. Brown of California.
       H.R. 904: Mr. Baldacci, Mr. Pastor, Mr. Shows, and Ms. 
     Rivers.
       H.R. 941: Mr. Foley, Mr. Hilliard, Mr. Matsui, Mrs. Johnson 
     of Connecticut, and Mr. English.
       H.R. 948: Mr. Wicker.
       H.R. 989: Mr. Ackerman.
       H.R. 1008: Mr. Pallone and Mr. Smith of Washington.
       H.R. 1039: Ms. Eddie Bernice Johnson of Texas, Mr. Smith of 
     Washington, and Mr. Kind.
       H.R. 1044: Mrs. Emerson.
       H.R. 1070: Mr. Brady of Pennsylvania and Mr. Towns.
       H.R. 1074: Mr. Bereuter, Mrs. Chenoweth, Mr. Nethercutt, 
     and Mr. Whitfield.
       H.R. 1083: Mr. Snyder and Mr. Chambliss.
       H.R. 1084: Mrs. Myrick.
       H.R. 1088: Mr. Hoyer, Mr. Whitfield, Mr. Frost, Mrs. 
     Emerson, and Mr. Kolbe.
       H.R. 1095: Mr. Bentsen, Ms. Baldwin, Mr. Blumenauer, and 
     Mr. Luther.
       H.R. 1102: Mr. Tancredo.
       H.R. 1111: Mr. Dicks and Mr. Martinez.
       H.R. 1122: Mr. Ramstad, Mr. Lewis of Georgia, Mr. Sam 
     Johnson of Texas, Mr. Sessions, Mr. Farr of California, Ms. 
     Sanchez, Mr. Neal of Massachusetts, and Ms. Hooley of Oregon.
       H.R. 1130: Mr. Pascrell and Mr. Stark.
       H.R. 1138: Mr. Calvert.
       H.R. 1178: Mr. Wicker, Mr. Turner, and Mr. LaHood.
       H.R. 1180: Mr. Farr of California and Mr. Bonior.
       H.R. 1183: Mr. Hobson.
       H.R. 1187: Mr. Gutknecht, Mr. Moran of Virginia, and Mr. 
     Houghton.
       H.R. 1193: Mr. Neal of Massachusetts, Mr. Callahan, Mr. 
     Ganski, Mr. Weldon of Florida, and Mr. Bonior.
       H.R. 1194: Mr. Barrett of Nebraska and Mrs. Morella.
       H.R. 1196: Mr. Waxman.
       H.R. 1224: Mr. Rahall.
       H.R. 1229: Mr. Whitfield and Mr. Barcia.
       H.R. 1239: Mr. Blagojevich, Mr. Meeks of New York, and Mr. 
     Spratt.
       H.R. 1250: Mr. Sabo and Mr. Wynn.
       H.R. 1260: Mr. Saxton, Mr. McDermott, Mr. Dicks, Mr. 
     English, Mr. LoBiondo, Mr. Ortiz, Mr. LaTourette, Mr. 
     Lipinski, Mr. Stupak, Mr. Bentsen, Mr. Fattah, Mr. Delahunt, 
     Mr. Brady of Pennsylvania, Mr. Lampson, Mr. Smith of 
     Washington, Mr. Shows, Mr. Inslee, and Mr. Capuano.
       H.R. 1261: Mr. Shays, Mr. Frost, and Mr. Nethercutt.
       H.R. 1278: Mr. Inslee.
       H.R. 1288: Mr. Bonior and Ms. DeLauro.
       H.R. 1304: Mr. Goode, Mr. Kildee, Mr. Barr of Georgia, and 
     Mr. Dickey.
       H.R. 1317: Mr. Lucas of Kentucky.
       H.R. 1319: Ms. DeGette.
       H.R. 1320: Mr. Ackerman, Ms. Eddie Bernice Johnson of 
     Texas, and Mr. Gordon.
       H.R. 1333: Mr. Gutierrez, Mr. Pastor, Mr. Fattah, and Mr. 
     McGovern.
       H.R. 1337: Mr. DeLay and Mr. Kolbe.
       H.R. 1342: Mr. Maloney of Connecticut, Ms. Eshoo, and Mr. 
     Brown of California.
       H.R. 1344: Mr. Bishop.
       H.R. 1349: Mr. Barrett of Nebraska and Mr. Bilbray.
       H.R. 1387: Ms. Carson and Mr. McIntosh.
       H.R. 1388: Mr. Gutierrez, Mr. Nadler, Ms. Pryce of Ohio, 
     and Mr. Kolbe.
       H.R. 1399: Mr. Davis of Illinois, Mr. George Miller of 
     California, Mr. Waxman, Ms. Schakowsky, and Mr. Wynn.
       H.R. 1414: Mr. Gary Miller of California, Mr. Rahall, and 
     Mr. LaFalce.
       H.R. 1447: Mr. Holden.
       H.R. 1472: Mr. Wynn, Mr. Sisisky, Mr. Baldacci, Mr. Bonior, 
     Mr. Price of North Carolina, Mr. Greenwood, Mrs. Emerson, Mr. 
     Inslee, Mr. Baird, Mr. Davis of Illinois, Mr. Gilchrest, Mr. 
     Smith of New Jersey, Mr. Ramstad, Mr. Maloney of Connecticut, 
     Mr. Rodriguez, and Mr. LaTourette.
       H.R. 1477: Mr. Gary Miller of California, and Ms. 
     Schakowsky.
       H.R. 1491: Mr. Jefferson and Mr. Hill of Indiana.
       H.R. 1530: Mrs. Meek of Florida, Mr. Diaz-Balart, and Mrs. 
     Thurman.
       H.R. 1551: Mr. Barcia.
       H.R. 1560: Mr. Shaw.
       H.R. 1579: Mr. Phelps and Mr. Gutierrez.
       H.J. Res. 25: Mr. Frelinghuysen, Mr. Davis of Illinois, Mr. 
     Deal of Georgia, and Mr. Ackerman.
       H. Con. Res. 30: Mrs. Chenoweth and Mr. Toomey.
       H. Con. Res. 78: Mr. Underwood.
       H. Res. 35: Mr. Romero-Barcelo, Mr. Smith of Washington, 
     and Ms. Hooley of Oregon.
       H. Res. 106: Mr. Whitfield.



[[Page 7912]]

             CONGRESSIONAL RECORD 

                United States
                 of America

This ``bullet'' symbol identifies statements or insertions 
which are not spoken by a member of the Senate on the floor.



April 29, 1999
                                                          April 29, 1999





                    SENATE--Thursday, April 29, 1999

  The Senate met at 9:30 a.m. and was called to order by the President 
pro tempore [Mr. Thurmond].
  The PRESIDENT pro tempore. Today's prayer will be offered by our 
guest Chaplain, Dr. Thomas A. Erickson, Valley Presbyterian Church, 
Scottsdale, AZ.
  We are pleased to have you with us.
                                 ______
                                 

                                 prayer

  The guest Chaplain, Dr. Thomas A. Erickson, Valley Presbyterian 
Church, Scottsdale, AZ, offered the following prayer:
  Let us pray.
  Gracious and ever-living God, You promised through the Psalmist, ``I 
will instruct you and teach you the way you should go, I will counsel 
you with my eye upon you.''--Psalm 32:8. In response, we open our minds 
to You, asking that in all the business before us we may clearly see 
Your will and courageously do Your work.
  O God, when world events threaten to crush our hope, reassure us that 
peace is possible, for Your will shall yet be done in all the Earth. 
Then help us to do what we can, individually and together, to achieve 
that peace for all people everywhere.
  At the end of this day, let every Senator know, let every staff 
member and aide know, that they have done their duty to You, to their 
Nation, and to one another. Give them satisfaction in knowing that they 
have moved our Nation a step further in its unrelenting quest to be 
``one Nation under God, with liberty and justice for all.'' Amen.

                          ____________________




               RECOGNITION OF THE ACTING MAJORITY LEADER

  The PRESIDENT pro tempore. The able acting majority leader is 
recognized.
  Mr. GRAMS. I thank the Chair.

                          ____________________




                                SCHEDULE

  Mr. GRAMS. Mr. President, today the Senate will immediately begin 1 
hour of debate relating to the cloture motion to the McCain amendment 
to the Y2K legislation. At approximately 10:30 a.m., following that 
debate, the Senate will proceed to a cloture vote on the pending McCain 
amendment.
  As a reminder, by a previous agreement, second-degree amendments to 
the McCain amendment must be filed by 10 a.m. today.
  Following the cloture vote, the Senate may continue debate on the Y2K 
bill, the lockbox issue, or any other legislative or executive items 
cleared for action.
  Also, as a further reminder, a cloture motion was filed on Wednesday 
to the pending amendment to S. 557 regarding the Social Security 
lockbox legislation. That vote will take place on Friday at a time to 
be determined by the two leaders.
  For the remainder of the week, it is possible that the Senate may 
begin debate on the situation in Kosovo.
  Mr. President, I yield the floor.
  The PRESIDENT pro tempore. The able Senator from Arizona is 
recognized.
  Mr. KYL. I thank the Chair.

                          ____________________




                     GUEST CHAPLAIN THOMAS ERICKSON

  Mr. KYL. Mr. President, it is an honor for me this morning to have in 
the Senate Chamber both of my ministers--of course, the Chaplain of the 
Senate, Lloyd Ogilvie, and the individual who gave our prayer this 
morning, who is Thomas Erickson, minister of the Valley Presbyterian 
Church in Scottsdale, AZ. This is the church in which I am a member in 
my home State of Arizona. His wife Carol joins him today in the 
Nation's Capital, and as I said, it is my honor to be with them today 
and certainly an honor for my church to have its minister deliver the 
opening of the Senate.
  Valley Presbyterian Church is a dynamic congregation of some 2,400 
members and growing. Reverend Erickson has been with the church now for 
almost 13 years.
  Mr. President, you perhaps noticed that as he was delivering the 
morning prayer, if you closed your eyes just a little bit, it almost 
sounded like our Chaplain, Lloyd Ogilvie. I frequently do that when I 
am in church here or I am in the Senate Chamber. I close my eyes and I 
can almost hear the other speaking, because they have the same resonant 
voice, especially when delivering a prayer.
  So I am honored, as I said, to be able to present Dr. Erickson to my 
fellow Senators this morning and all of those who observed the morning 
prayer on television.
  I thank you, Mr. President. I yield the floor.

                          ____________________




                        Y2K ACT--CLOTURE MOTION

  The PRESIDING OFFICER (Mr. Grams). The Senator from Oregon.
  Mr. WYDEN. I thank the Chair.
  To begin the hour of debate that we have on the Y2K measure, I would 
like to discuss the agreement entered into late yesterday, the special 
effort that was led by Senator Dodd of Connecticut. Senator Dodd has 
been the leader on our side on the Y2K issue. The agreement that was 
entered into last night involved Senator McCain, myself, Chairman 
Hatch, Senator Feinstein, Chairman Bennett; a number of colleagues were 
involved. It seems to me that this effort, which was led by Senator 
Dodd, has directly responded to a number of the concerns outlined by 
the White House in the statement that was delivered yesterday to the 
Senate. I would like to briefly outline the proposals which are going 
to be offered by the Senator from Connecticut in conjunction with the 
group of us that has been working on a bipartisan basis for this 
legislation.
  Under the changes made yesterday, there would be punitive damage caps 
for small businesses. We ensure that there is fairness to both sides. 
We would eliminate punitive damage caps for the large businesses, those 
over 50 employees. We would protect municipalities and governmental 
entities from punitive damages. And we would also ensure that State 
evidentiary standards for claims involving fraud were kept in place.
  The legislation would continue to do the following. There would have 
to be a 30-day notice. The plaintiff would have to submit a 30-day 
notice to the defendant on the plaintiff's intentions to sue, with a 
description of the Y2K problem. If the defendant responded with a plan 
to remediate, then an additional 60 days would be allowed to resolve 
the problem. If the defendant didn't agree to fix the problem, the 
plaintiff would be in a position to sue on the 31st day. We would 
establish--and this was of great concern to a number of Members of the 
Senate--liability proportionality. We would ensure that defendants 
don't pay more than the damage they are responsible for but exceptions 
would include plaintiffs with a modest net worth who were not able to 
collect from one or more defendants and defendants who had 
intentionally injured plaintiffs.
  I think this is especially important because, clearly, if you have a 
defendant who has engaged in intentionally abusive conduct, you want to 
send the strongest possible message, and we do establish liability 
proportionality under the agreement led by Senator Dodd.
  We would also preserve contract rights so as to not interfere with 
parties who have already agreed on Y2K terms and conditions. We would 
also confirm the duty to mitigate. This is an effort to essentially 
confirm existing law that plaintiffs have to limit

[[Page 7913]]

damages and can't collect damages that could have been avoided. This is 
an opportunity for potential defendants to provide widespread 
information on Y2K solutions to assist potential plaintiffs.
  Finally, our proposal would encourage alternative dispute resolution, 
and it also keeps, as a number of Democrats have discussed with us, all 
personal injury and wrongful death claims with every opportunity to use 
existing law to ensure protection for the consumer and for injured 
parties.
  I commend my colleague from Connecticut, Senator Dodd. He is the 
Democratic leader on the Y2K issue. Let me also say that what Senator 
Dodd has done, in conjunction with myself and Senator McCain, is he has 
essentially taken a lot of what we have done in the securities 
litigation area, a lot of what we have done in the earlier Y2K 
legislation, and used that as a model. So Senator Dodd's proposal, in 
my view, is very constructive. We now have an agreement that has been 
entered into by Senator Dodd, Chairman McCain, myself, Chairman Hatch, 
who has been exceptionally helpful on this effort, our colleague from 
California, Senator Feinstein, and Senator Bennett, who chairs the Y2K 
committee.
  So I am very pleased about this effort that was entered into late 
yesterday. I say to my colleagues--especially Democrats who were 
concerned about the statement issued earlier by the White House--this 
compromise effort that I have outlined--and we also issued a statement 
on it--responds directly to a number of the concerns that were outlined 
by the White House, especially the two perhaps most important, which 
are protection for injured parties as it relates to the opportunity to 
seek punitive damages where appropriate, and also to ensure that with 
respect to evidentiary standards, no one could say that this was now 
raising somehow for all time a change through Federal law. We 
specifically preserve State evidentiary standards for important claims 
involving fraud.
  But I would say, Mr. President and colleagues, this legislation is 
not going to be a change for all time in our laws. It is essentially a 
bill, and it has a strong sunset provision that is going to last for 3 
years or so. We are trying to make sure, through that sunset provision, 
that we deal just with those concerns raised by Y2K. Y2K is not a 
partisan issue. It affects every computer system that uses date 
information. It was essentially an engineering tradeoff which brought 
us to this predicament; to get more space on a disk and in memory, the 
idea of century indicators was abandoned. It is hard for us to believe 
today that disk and memory space at a premium, but it was at one time. 
So in an effort to try to make sure during those earlier days there 
were standards by which programs and systems could exchange 
information, there was this engineering tradeoff.
  Now, some say you could just solve the Y2K problem by dumping all the 
old layers of computer code accumulated over the last few decades. That 
is not realistic. So what we ought to be trying to do is to make sure 
that information technology systems are brought into Y2K compliance as 
soon as possible. That is what the substitute that Senator McCain and I 
have offered seeks to do, and I believe that substitute has been vastly 
improved now by the leadership of the Senator from Connecticut, Mr. 
Dodd.
  I think as this discussion goes forward in the next hour, it is also 
important to recognize just how dramatic the implications are for this 
issue. I would like to cite one example which I know a number of my 
colleagues on the Democratic side can identify with very easily. A lot 
of my colleagues, led by Senator Kennedy, have been very concerned 
about making sure that there is a good prescription drug benefit for 
seniors under Medicare. It is the view of a lot of us that billions of 
dollars are wasted. Billions of dollars are wasted every single year as 
a result of seniors not taking prescriptions in a way so as to limit 
some adverse interaction. We waste billions of dollars and millions of 
seniors suffer as a result of not taking these prescriptions properly. 
And the best single antidotes that we have today are some of the new 
online computer systems which keep track of seniors' prescriptions and 
are in a position to help limit these adverse drug interactions.
  Well, the fact of the matter is, if we have, next January, chaos in 
the marketplace with our pharmacies and our health care systems and 
programs that help us limit these problems involving drug interactions, 
we are going to waste billions of dollars which could be used to get 
senior citizens decent prescription drug benefits, and we are going to 
hurt older people needlessly.
  Now, that has been a problem documented by the General Accounting 
Office. I raise it primarily because there has been a discussion in the 
Senate about how this legislation is just sort of a high-tech bill, and 
maybe some folks care about it in the State of Oregon where we care 
passionately about technology, or Silicon Valley, or another part of 
the country. I think we all know that technology is important in every 
State in our Nation. But I think it is very clear that these issues 
dramatically affect our entire Nation. It doesn't just involve a 
handful of high-tech companies; it involves millions and millions of 
Americans. The reason I have taken the Senate's time to discuss 
particularly how this would affect older people with their prescription 
drugs is that I think this is just a microcosm of this debate. I think 
this is just one small example of what this discussion is all about.
  Now, the Congressional Budget Office and other experts have estimated 
that Y2K-related litigation could cost consumers and businesses twice 
as much as fixing the Y2K problem itself. Now, I think those 
predictions may, in fact, be exaggerated; maybe they are wildly 
exaggerated. But I would much prefer to see the Senate craft 
responsible legislation now rather than to delay. And should the Senate 
not act on this legislation in an expeditious way, I believe there is a 
very real possibility that the Senate could be back here in January 
having a special session to deal with this issue.
  So I am very hopeful that we can go forward on it. I know that the 
minority leader, Senator Daschle, has worked very hard to be fair and 
to ensure that there is opportunity for colleagues to raise amendments. 
He has been working closely with the majority leader, Senator Lott. 
Those procedural issues are still to be resolved.
  I happen to agree with Senator Kennedy on this matter of raising the 
minimum wage. I think he is absolutely correct that we ought to raise 
the minimum wage. But I am very hopeful that we will not see these 
issues pitted against each other. It is extremely important to raise 
the minimum wage. I also think it is extremely important to deal with 
this Y2K issue in a responsible fashion.
  I know there are other Members of the Senate who wish to speak on 
this issue. They haven't arrived on the floor quite yet. I think I will 
just take an additional couple of minutes, as we await them, to outline 
some of the changes that have been made since the legislation left the 
Commerce Committee. At that time, regrettably, it was a partisan bill 
and did not yet have the constructive changes made by the Senator from 
Connecticut, Mr. Dodd, and did not at that point include the eight 
major changes that Chairman McCain and I negotiated. I would like to 
wrap up my initial comments by taking a minute or two to talk about 
those changes that have been made in the legislation. For example, Mr. 
President and colleagues, early on none of the bills had a sunset 
provision in the legislation. There was a great concern that somehow 
some change in tort law and contract law would be for all time, 
establishing new Federal standards in this area. It was a feeling on my 
part and upon the part of other colleagues that it was absolutely 
critical to have a sunset provision to ensure that we were talking just 
about problems relating to the Y2K and not creating massive changes in 
Federal tort law or contract law that would last for all time.
  None of the original bills contained a sunset date. We now have a 3-
year sunset date making it very clear that any Y2K failure must occur 
before January 1, 2003, in order to be eligible to be covered by the 
legislation. Most industry

[[Page 7914]]

analysts agree that Y2K failures are likely to follow a bell curve, a 
peaking on approximately January 1, 2000, and trailing off in 1 to 3 
years. The sunset date that has been added tracks the very best 
professional analysis we have about the problem.
  I thank Chairman McCain for adding that in our initial negotiations. 
It is extremely important to me. I felt a lot of the Members of the 
Senate on the Democratic side felt that it was critical that this be a 
set of changes that was limited to a short period of time. That 3-year 
sunset addition, I think, sends a very powerful message that this is 
not changing tort and contract law for all time. I am very pleased that 
it has been added.
  Second, in the committee there were some vague, essentially new 
Federal defenses that I and others felt unfairly biased this process in 
favor of the defendant. Those were removed. Essentially what those 
original provisions said was that if defendants engaged in what was 
called a ``reasonable effort'' that they would be protected advocates. 
Consumers felt strongly that this language was mushy and vague.
  I agree completely with them on it. In fact, we originally had it in 
committee, and I opposed it at that time. But at the request of the 
consumer groups, this mushy, vague language that protects defendants 
who engaged in something called a ``reasonable effort'' was dropped.
  We also made changes to keep the principle of joint liability. After 
the legislation left the committee, we thought it was important to make 
sure that for cases involving fraud and egregious conduct we kept the 
traditional principle of joint and several liability. It was also 
extended to involve insolvent defendants.
  Senator Dodd has continued to help us in this area to ensure there is 
fairness for injured parties while at the same time making it clear 
that the defendants don't pay more than the damage for which they are 
responsible.
  The legislation continues to have in place what we negotiated after 
the legislation left the committee. This is incorporated into the 
announcements we made last night about the important efforts made by 
Senator Dodd.
  Finally, we thought it was important to make sure contract rights 
were paramount in this area. This legislation does not involve any 
changes whatever in personal injury rights. If, for example, an 
individual is in an elevator and that elevator falls 10 floors to the 
bottom of a building, and that individual is tragically injured, or 
dies, all of the personal injury remedies are kept in place. That is 
not something that would be affected by this legislation. This 
legislation involves contractual rights between private business 
parties. I and others felt that it was not adequately laid out in the 
committee legislation, that the contract rights were paramount in this 
area. As a result of the negotiations we had after the legislation left 
the committee, those rights were kept in place. I and others felt that 
was essential.
  I see my good friend from the State of Connecticut on the floor. I am 
going to yield in just one second. But first I want to take a minute 
and tell him how much I appreciate what he has done. He is, of course, 
the Democratic leader on the Y2K issue.
  I am essentially still a rookie in the Senate, and the Senator from 
Connecticut has been so helpful as we have tried to take this 
legislation that passed the committee unfortunately on a partisan vote 
and tried to make it responsive to the many legitimate issues that have 
been raised by our colleagues on this side of the aisle. The colleagues 
on this side of the aisle have been absolutely right about saying that 
the original bill was not adequate with respect to punitive damages. It 
wasn't adequate with respect to evidentiary standards. It didn't do 
enough to address the issues that we heard about from the White House 
late yesterday.
  As a result of an agreement led by the Senator from Connecticut, we 
have been responsive to those issues. We have essentially had nine 
major changes made after the bill came out of committee. The Senator 
from Connecticut has led the bipartisan effort. I discussed that 
bipartisan effort earlier involving Senator Feinstein, Senator Hatch, 
and Senator Bennett.
  I want to yield the floor now to the Senator from Connecticut, and 
thank him for all he has done to make this a bill that I believe can 
get the support of a significant number of Democrats, because it 
responds to what we heard from the White House. I thank him as well 
personally for all of the good counsel and help that he has given me. 
He is the leader on this issue. He is the one who navigated the 
securities litigation legislation. I pointed out how he took much of 
what the Senate learned on the securities litigation in the earlier Y2K 
bill and made that part of his compromise. I thank the Senator from 
Connecticut.
  Mr. President, I yield the floor. I look forward to hearing from the 
Senator from Connecticut.
  Mr. DODD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. DODD. Mr. President, I will be very brief.
  Let me begin by thanking our colleague from Oregon. He is very 
effusive and gracious in his compliments. He describes himself as a 
rookie. But he is anything than a rookie when it comes to the 
legislative process. He served with great distinction in the other 
body, and has been here now several years proving the value of his 
experience as a seasoned legislator in the Senate.
  Let me just say I am very hopeful. I was very pleased yesterday that 
we were able to reach an agreement on three proposals that I felt, and 
many others felt, were essential if this Y2K litigation legislation was 
going to succeed. One of these proposals was to deal with the punitive 
damages cap issue with the exception of municipalities, government 
entities, and smaller businesses, which are described as businesses 
that employ 50 people or less. This number is more than the 25 
employees which usually defines a small business. I realize that one 
might make a very strong case that even more than 50 employees would 
still constitute a small business. But with a country that is growing 
all the time, I think most of us would agree that a small business 
today would still be one that employed 50 people or less.
  We also eliminated the caps on the director and officer liability 
because under the disclosure bill passed last year we crafted a safe 
harbor for forward-looking statements by directors and officers and 
managers. We felt that this safe harbor would suffice, along with the 
normal business judgment rule which protects managers to some degree. 
As a result, we didn't think a cap on director and officer liability 
was necessary.
  I am pleased that Senator McCain and Senator Hatch, as well as my 
good colleague and friend, Senator Bennett--who really has been the 
leader on the Y2K issue for so many years--agreed with both of those 
provisions, as well as with the state of mind provisions. It gets 
rather arcane when you start talking about some of these legal terms, 
but they are important matters.
  What we are doing with the claims involving state of mind is leaving 
the status quo with respect to the evidentiary standard. That is, each 
State determines what that standard is, instead of having a national 
standard. There was some effort to have clear and convincing evidence 
be used as the evidentiary standard you would have to reach, but 34 
States already have that standard. Many other States do not have that 
standard, so we thought the best result on a compromise was to leave it 
to the States to decide what that standard ought to be, rather than 
incorporating it in this bill.
  Again, I thank Senator McCain, Senator Hatch, Senator Bennett, and 
others who have agreed to and supported these changes.
  As I understand it, there are other outstanding issues. The Senator 
from Oregon is absolutely correct. There are colleagues who have other 
amendments. They would not support this bill even with these additions. 
I know Senator Kerry of Massachusetts has a strong interest in 
proportional liability issues. I am confident that Senator Hollings and 
Senator Edwards have some suggestions they might want to make to this 
bill.

[[Page 7915]]

  My hope is that our leaders can work this out. I know Senator Daschle 
is more than prepared to sit down and work with our distinguished 
majority leader to allow for a series of amendments to be considered, 
as we normally do here, on this bill and to allow them to come up, to 
debate them, to vote on them, and to try and get this bill completed. I 
think we could complete it by this weekend, by tomorrow, if we began to 
work.
  I do not know what the schedule is. There may be other matters that 
are more pressing in the minds of the leadership. But it seems to me 
now that agreeing on a package of amendments that can be offered is the 
way to go. We are going to have a cloture vote here shortly. I am going 
to oppose invoking cloture because we have not yet agreed on a process 
and I do not want to deny an opportunity to any of my colleagues. I 
know there may be some on the majority side who do not yet agree with 
this bill. There are several who have strong reservations about this 
bill even with the additions we have made to it by this agreement, and 
they may have some amendments they may want to offer. That is how we do 
business in the Senate. The Presiding Officer knows of what I speak. We 
both served in the other body, the House of Representatives, where you 
have strict rules and whoever is in the majority controls this exactly, 
determining if any amendments are to be considered.
  In the Senate we are a different institution. Here we allow the free 
flow of debate and we do not deny Members the opportunity to bring up 
issues that they believe are critically important, even issues that are 
not germane to the matter before us. Although we do not encourage that 
in every instance, that can be done here. That is what makes the Senate 
of the United States different from the Chamber down the hall. We are, 
in a sense, counterweights to each other. In the House of 
Representatives the rule of the majority prevails, as it should. In a 
sense, in the Senate we protect the rights of a minority to be heard.
  That is what we are hoping the leaders will allow to happen today. We 
hope an agreement is reached on a series of amendments that will allow 
them to be debated and discussed and voted on. If that is the case, I 
am very confident that we will be able to pass this important piece of 
legislation and send it to the House, where they are considering 
similar legislation. I am also very confident that we can secure a 
signature from the President, who I know cares very much about this 
issue, as does the Vice President, and we can accomplish what many have 
sought here--to protect against the dangers of massive litigation over 
this year 2000 computer bug which is looming on the horizon.
  Two hundred and forty days from now, when the millenium clock turns, 
I do not think that any of us here wants to be looking back and saying 
we lost an opportunity here in April to try to at least limit the kind 
of financial hardship and economic disruption that could occur if we do 
not address the threat of a Y2K litigation explosion. So I am very 
hopeful that we can come together, as we have already come so far.
  Again, I express my thanks to the chairman of the committee who has 
the thankless job of trying to move a complicated bill along. Senator 
Hatch has also been tremendously helpful and supportive on this. Again, 
Senator Bennett of Utah, with whom I work on the Y2K committee, has 
done just an astounding job, I think, of bringing to the attention of 
all of us here, as well as to the people across this country, the 
importance of this issue. And, of course, the efforts of the 
distinguished Senator from Oregon and Senator Feinstein of California. 
My colleague from Connecticut, Senator Lieberman, who cares very much 
about litigation reform issues generally, has also been very helpful on 
this. I fear I am leaving some people out here. I hope I am not. But at 
this juncture I know these are people who have been involved in this 
issue and care about it. Again, my plea to the majority leader, and I 
know Senator Daschle cares about this, too, is to see if we can now 
come to some agreement.
  The PRESIDING OFFICER (Mr. Crapo). The time of the proponents has 
expired.
  Mr. DODD. I ask unanimous consent for an additional minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WYDEN. Will the Senator yield?
  Mr. DODD. I do.
  Mr. WYDEN. I will be brief. I concur completely with what the Senator 
from Connecticut has said. I want to ask him one question about the 
very helpful punitive damages agreement he negotiated with us last 
night.
  My understanding is, this agreement tracks very closely with what the 
Clinton administration has agreed to in the past with respect to 
product liability. In fact, our agreement seems to be more generous to 
plaintiffs than what the administration has agreed to in the past.
  In the past, they seemed to have said we ought to look at something 
that would have two times compensatory damages. This legislation has 
three times the damages, to make sure there is a fair shake for the 
consumer. Is that the understanding of the Senator from Connecticut? I 
ask because he has been involved in this issue involving punitive 
damage questions for quite some time. I think he has been very fair to 
plaintiffs in this area. It seems to me, actually, the Senator has gone 
beyond what has been talked about in various other discussions that we 
had.
  In just this minute I would like to take one more moment to hear the 
Senator's opinion on that issue which is a key issue for Democrats.
  Mr. DODD. I think I ought to ask unanimous consent for an additional 
minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. In response to my colleague--and I thank him for raising 
the issue--I do not claim great expertise in the product liability 
area. We have done some work, and I appreciate his comments, on the 
securities bill, the standards reform bill, and here on the Y2K area. 
So going back and revisiting this, while I do not recall the point the 
Senator raises, I do not question what he has said. I presume, in fact, 
that he is correct. I simply do not bring any personal recollection of 
how we crafted that.
  I know the administration cares about the Y2K issue. I negotiated 
with the White House on securities litigation, and there were some 
difficult issues to resolve. The Senator may recall that in that case 
the President vetoed the bill and the Congress overrode the veto. That 
is how that piece of legislation became law.
  On uniform standards, President Clinton and Vice President Gore were 
tremendously helpful and supportive, and I suspect they will be here as 
well. I want to be careful. I think it is fine to go back and use 
previous examples on punitive damages and on director and officer 
liability and on state of mind issues. However, there are differences 
in the application of law when you are dealing with bodily injury and 
other questions where product liability issues can come in, and even 
more differences when contract law comes into play. Contract law is 
basically what we are talking about here.
  Let me just say this, because the Senator has raised a very important 
point. I know there are going to be Members--there always are--who 
think that we are going too far in the punitive damage area and with 
director and officer liability, and who think we are giving away too 
much. I think there are people who care about the trial bar and think 
we have not done enough in this area and that there is too much here 
against the trial bar.
  This bill really does provide a balance at this point. We have not 
adopted this amendment, but on the assumption it is adopted, we have 
removed the caps on punitive damages in most instances, removed the 
caps on director and officer liability, and kept the status quo on 
state of mind issues. Those are issues the trial bar said were very 
important to them.
  Is it everything they want? No. Does it give away more than some who 
care about these issues want? It does. But traditionally, when you are 
trying to craft a piece of legislation with as many different points of 
view as 100

[[Page 7916]]

Senators can bring to the debate, clearly no side is going to prevail 
with everything it would like. What we have done here, I think, is 
struck a sound, good balance that is a good bill and one I hope will 
attract the broad support of Republicans and Democrats, and to move on.
  I see the chairman of the committee has arrived on the floor here. In 
his absence I was praising him. I would do so in his presence as well, 
but I realize he may want to go on to other matters here. I have 
already been taking advantage of the Presiding Officer's presence here 
by extending the time by unanimous consent, and I do not want to abuse 
the graciousness he has already demonstrated to me any more than that, 
so I yield the floor.
  Mr. McCAIN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I ask unanimous consent to speak for an 
additional 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Mr. President, before the Senator from Connecticut leaves 
the floor, I thank him for all of his efforts. We have engaged in 
intensive and sometimes emotional negotiation, and we have had a long 
relationship for many years. His contribution, no matter how this 
cloture vote comes out today, has been critical in moving this process 
forward. It has given me optimism that we will be able to resolve this 
issue. Without his involvement, we would not have the opportunities 
that I believe we will have in the future.
  In my prepared statement, which I will make in just a minute, this 
issue is too important to just go away. I think the Senator from 
Connecticut knows that and the Senator from Oregon, who has played such 
a critical role, along with Senator Feinstein, Senator Hatch, and 
others on this issue, know that. It is not going to go away.
  What the Senator from Connecticut has done and the Senator from 
Oregon has done is move this process forward to where I believe we will 
be able to get it done, because it is too important for us to just say 
we cannot agree on it. I thank both my colleagues for all their 
efforts.
  Mr. President, we are now at a critical time if we are to pass this 
bill. We have been attempting to debate and act on this matter for a 
week. We are about to have our second cloture vote as we crawl through 
the morass of Senate procedure. We have endured hours of quorum calls 
waiting for substantive discussion. We have heard at length the views 
of the ranking member, Senator Hollings, in opposition to this bill. We 
have detoured from the bill to hear the minority's complaints about 
scheduling unrelated matters of interest to them. But now, Mr. 
President, we are about to have a critical vote.
  This is a vote to allow us to complete action on this critical bill. 
This is a vote to cast aside the partisan procedural games and get on 
with the business of the nation. Important business, as the thousands 
of CEO's and business people from all segments of industry: high tech, 
accounting, insurance, retail, wholesale, large and small, who are 
actively supporting this bill will attest. The Y2K problem is not going 
away, nor is it going to be postponed by petty, partisan procedural 
wrangling.
  The cost of solving the Y2K problem is staggering. Experts have 
estimated that the businesses in the United States alone will spend $50 
billion in fixing affected computers, products and systems. But experts 
have also predicted that the potential litigation costs could reach $1 
trillion--more than the legal costs associated with asbestos, breast 
implants, tobacco, and Superfund litigation combined--more than three 
times the total annual estimated cost of all civil litigation in the 
United States. This is not just my opinion, but are facts supported by 
a panel of experts on an American Bar Association panel last August. 
These costs represent resources and energy that will not be directed 
toward innovation, new technology, or new productivity for our nation's 
economy. This litigation could overwhelm and paralyze the industries 
driving the best economy in our history.
  The Y2K phenomenon, while anticipated for years, presents 
nevertheless, a one-time, unique problem. Our legal system is neither 
designed, nor adequately equipped, to handle the flood of litigation 
which we can expect when law firms across the country are laying in 
wait, in eager anticipation of a golden opportunity. More to the point, 
the vast majority of our Nation's citizens do not want to sue. They 
want their computers, their equipment, their systems to work. They want 
solutions to problems, and a healthy economy, not a trial lawyers' full 
employment act.
  S. 96 presents a solution, a reasonable practical, balanced, and most 
important, bi-partisan solution. Since it passed out of committee, with 
the help of my colleagues especially Senator Wyden, Senator Dodd, 
Senator Feinstein, and others it has been improved, narrowed, and more 
carefully crafted to ensure a fair and practical result to the Y2K 
situation.
  The Public Policy Institute of the Democratic Leadership Council 
published a Y2K background paper in March which has been widely 
circulated and quoted on the Senate floor in the past several days. The 
authors state:

       In order to diminish the threat of burdensome and 
     unwarranted litigation, it is essential that any legislation 
     addressing Y2K liability:
       Encourage remediation over litigation and the assignment of 
     blame;
       Enact fair rules that reassure businesses that honest 
     efforts at remediation will be rewarded by limiting 
     liability, while enforcing contracts and punishing 
     negligence;
       Promote Alternative Dispute Resolution; and
       Discourage frivolous lawsuits while protecting avenues of 
     redress for parties that suffer real injuries.

  S. 96 does all of those things.
  It provides time for plaintiffs and defendants to resolve Y2K 
problems without litigation;
  It reiterates the plaintiff's duty to mitigate damages, and 
highlights the defendant's opportunity to assist plaintiffs in doing 
that by providing information and resources;
  It provides for proportional liability in most cases, with exceptions 
for fraudulent or intentional conduct, or where the plaintiff has 
limited assets;
  It protects governmental entities including municipalities, school, 
fire, water and sanitation districts from punitive damages;
  It eliminates punitive damage limits for egregious conduct, while 
providing some protection against runaway punitive damage awards; and
  It provides protection for those not directly involved in a Y2K 
failure;
  It is a temporary measure. It sunsets January 1, 2003;
  And it does not deny the right of anyone to redress their legitimate 
grievances in court.
  I have spent hours working with several of my colleagues, including 
the distinguished Senator from Connecticut, Mr. Dodd, to resolve 
specific concerns. We have arrived at an agreement to further modify 
the substitute amendment my friend Mr. Wyden and I earlier agreed upon. 
There may still be others, such as Mr. Kerry of Massachusetts, with 
ideas, suggestions, or a different perspective on solving the problem.
  I welcome hearing other ideas. My colleagues may want to offer 
amendments. I am willing to enter into consent agreements to allow the 
opportunity for debate on other ideas. We can then vote and the best 
idea will win. That is the way of the Senate. But, that cannot take 
place unless we vote yes now on cloture.
  The clock is ticking. Mr. President, 246 days plus a few hours remain 
until January 1. This bill cannot wait. Its purpose is to provide 
incentives for proaction--to encourage remediation and solution and to 
prevent Y2K problems from occurring. It will not serve its purpose 
unless it passes now.
  This vote is a simple vote. It is a critical vote. This is a vote as 
to whether we want to solve and prevent the Y2K litigation problem, 
which has already begun, or whether we will let partisan ``politics as 
usual'' be an obstacle to our nation's well-being. It is a vote to 
either help the American economy or to show your willingness to do

[[Page 7917]]

the bidding of the Trial Lawyers Association. Make no mistake, I hope 
companies across America are paying attention. Senators will vote to 
help protect small and large business, the high tech industry, and 
others, or they will choose to protect the trial lawyers' stream of 
income. That is the choice. I ask my colleagues to consider carefully 
the message they send with their vote today. Are you part of the 
solution? Or part of the problem?
  Mr. President, I believe it is time for the vote. I yield the floor.
  The PRESIDING OFFICER. The Senator from South Carolina has 22 minutes 
remaining.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, we have a cloture vote set at a specific 
time; is that correct?
  The PRESIDING OFFICER. The cloture motion vote was scheduled to occur 
at the end of 1 hour of debate. We have had unanimous consent 
agreements extending the time. There are 22 minutes remaining in the 
debate. This time is under the control of the Senator from South 
Carolina.
  Mr. HOLLINGS. I yield whatever time the Senator needs.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KERRY. Mr. President, I will address the question of the Y2K for 
just a moment, if I may, and then I was going to ask unanimous consent 
just to make a couple comments as in morning business for the purpose 
of introducing a bill.
  Prior to doing that--do I understand the Senator from Arizona would 
object to that taking place at this point?
  Mr. McCAIN. I would object to going to morning business at this time. 
The Senator from South Carolina has 22 minutes left, and I am glad to 
listen on that time, but it is getting time for us to vote on cloture.
  Mr. KERRY. All right.
  Mr. President, let me just say a few words on the issue of the Y2K. I 
have been working quietly with a number of colleagues in order to try 
to see if we cannot come to some sort of compromise.
  I heard the Senator from Arizona assert that the principal reason 
that we are where we are right now is because the revenue stream for 
lawyers, for trial counsel, might be somehow impacted, and that is the 
sort of overbearing consideration that has brought us to this point of 
impasse. Let me just say as directly and as forcefully as I possibly 
can that there really are public policy considerations that extend 
beyond that.
  I have tried cases previously as a trial attorney. I understand the 
motivations and needs to certainly have a client base which allows you 
to survive. I have seen some ugly practices out there, and I have 
joined in condemning them as a Member of the Senate and also as a 
member of the bar.
  I do not think any of us who are members of the bar take pride in the 
practices of some attorneys who have obviously given the profession a 
bad name at times and have abused what ought to be a more respected and 
sacrosanct relationship in the country.
  But at the same time, just as with any business--whether it is Wall 
Street and brokers or businesspeople who are manufacturers who somehow 
put a product on the marketplace that cost lives--there are always 
exceptions to fundamental rules. There are also a lot of lawyers out 
there who work for nothing, who do pro bono work, who give their 
energies to fighting for the environment or for civil rights or a whole 
lot of other things. I think it is a mistake to sweep everybody into 
one basket and suggest that that is all this issue is about.
  We have some time-honored traditions in this country about access to 
our court system. We have some deep-rooted principles which allow 
victims of certain kinds of abuses, and sometimes even arrogance, to be 
able to get redress for that. That is one of the beauties of the 
American judicial system. And I could show--and I do not have time 
now--countless examples of life being made better for millions of 
Americans because some lawyer took a case to court and was willing to 
fight for a particular principle.
  I happened to bump into Ralph Nader a little while ago going into a 
Banking hearing related to an issue on privacy on the House side. I 
recall, obviously, his landmark efforts with respect to automobiles and 
safety, and millions of American lives have been saved because of those 
kinds of challenges.
  Sometimes the pendulum sweeps too far, and I well recognize that. In 
fact, there is a great tendency within the Congress for us to react to 
a particular problem, and, kaboom, we wind up with unintended 
consequences, and then we sort of have to pull the pendulum back. I 
have done that.
  I have joined with colleagues here to change the law on liability 
with respect to aircraft manufacturing because we found that there was 
a particular problem for small, light plane manufacturing in the 
country. We also changed the law with respect to securities reform, and 
I joined in that effort. And I joined in overriding the veto of a 
President with respect to those things because I thought the reform was 
important and legitimate. No one here ought to condone the capacity of 
individual lawyers to simply trigger a lawsuit with the hopes of 
walking into a company and then holding them up for settlement because 
it is too expensive to litigate.
  I believe that in the compromise we have on the table, as well as in 
other efforts that have been offered, there are legitimate restraints 
on the capacity of lawyers to abuse the system. There are increased 
specificity requirements with respect to the pleadings so that you 
cannot just go in on a fishing expedition. There is a 90-day period for 
cure; i.e., once a company is noticed that they are in fact in a 
particular possible breach with respect to the contract that extends 
for the sale of a particular computer or software program, they are 
given 90 days within which time they can cure the problem and there is 
no lawsuit. In addition to that, there are a series of other restraints 
which I think are entirely appropriate, and I would vote for those.
  Let's say somebody's mother or father is at home and you have a bank 
account and a bank loses your entire bank account, for whatever reason, 
or there is some doctor's appointment that is lost by somebody that was 
critical to the provision of some serum or antibiotic. Who knows what 
might be occurring that has been computerized and expected on a 
particular schedule that might be affected. There is a requirement in 
their legislation, the legislation currently about to be voted on, 
which would deny any consumer access to remedy for 90 days.
  You get a 90-day stay period. What is the rationale for that? That 
was supposed to apply to the companies, not to individuals. But we 
don't have a legitimate carve-out for consumers, for the average 
consumer, for Joe ``Six-Pack'' who might be affected by this. They are 
somehow going to be plunked into a basket with all of the other 
companies.
  In addition to that, there is a legitimate problem with respect to 
access to the system. If you have a company that does business abroad, 
does not have a home base here, you have no capacity to reach them with 
respect to service of process. We are going to say that we are going to 
deny somebody the capacity to have full redress or remedy, and they are 
going to have to go chase that other person somehow, no matter what the 
level of that person's responsibility is. To do that is effectively to 
say to people, Sorry, folks. No lawyer in the country is going to take 
that case. We're effectively stripping you of the rights to be able to 
have access to the court system.
  I am for a fair balance here. I have a lot of companies in 
Massachusetts that are high-tech companies, a lot of companies that are 
impacted by this. I know a lot of people in the industry whom I respect 
enormously who deserve to be protected against greedy, voracious sorts 
of wrongful, totally predatory efforts to try to hold them up in the 
system. I am for stopping that.
  I would, in our effort, put restraints on the capacity to bring class 
actions

[[Page 7918]]

wrongly. And I think we have an increased standard with respect to 
materiality that would make it much tougher for people to put a class 
together without a showing of injury.
  So the real issue here before us in the Senate is, What is really 
trying to be achieved here? If we are trying to simply achieve a 
balanced, fair approach to protecting companies from unfair lawsuits 
and being balanced about the average citizen's approach to the court 
system there is a way to do that. But if what we are doing is a larger 
tort reform agenda, because of the bad name that lawyers in general 
have, and some lawyers in particular have earned for them, if that is 
the effort, in order to seek some broader change in the legal system 
that denies people access to the courts, then I think we have a 
different kind of problem.
  There are many people in this Chamber who have practiced law before, 
some on the other side of the fence, on the Republican side, who do not 
believe any legislation is necessary, that this is a one-time problem, 
that the greatest incentive you can have to avoid a problem is for 
people to fix it ahead of time, and the greatest way in which you will 
get the best and biggest and fastest fix ahead of time is to have 
people required to be open to the possibilities of redress if they did 
not do that.
  But if we limit people's potential liability, there is a great 
likelihood that a lot of people will say, Well, I'm not going to fix 
this. I'm not liable. I don't need to do anything about it. They can't 
bring suit against me. And you may, in fact, have taken away the very 
incentive you are trying to create.
  Mr. President, there are very real and legitimate substantive 
arguments: Access to our court system. What is the best incentive? How 
do you approach this fairly? How are you going to wind up with a system 
that is balanced? All of those issues are really at stake in this. I 
hope colleagues will remember that as they approach the question of 
what is the best compromise here which would give us the kind of 
balance that we need.
  Mr. President, I yield the remainder of my time to the Senator from 
South Carolina.
  The PRESIDING OFFICER. The Senator from South Carolina has 11 minutes 
remaining.
  Mr. HOLLINGS. Mr. President, I thank my distinguished friend from 
Massachusetts. He has summed it up.
  I will only point out again this morning's news, the Wall Street 
Journal. I quote from page B4:

       [By now] the year 2000 bug was supposed to have played 
     havoc with corporate computer spending, with companies 
     supposedly too worried about their mainframes to think of 
     anything else. A cautious attitude about the issue was the 
     theme in comments by big technology companies that released 
     first-quarter results in the past few weeks.
       But with one notable exception, the technology industry has 
     so far escaped any broad year 2000 slowdown.

  Mr. President, I ask unanimous consent to print in the Record an 
editorial from this morning's Washington Post about Y2K liability.
  There being no objection, the editorial was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Apr. 29, 1999]

                             Y2K Liability

       The Senate is considering a bill to limit litigation 
     stemming from the Year 2000 computer problem. The current 
     version, a compromise reached by Sens. John McCain (R-Ariz.) 
     and Ron Wyden (D-Ore.), would cap punitive damages for Y2K-
     related lawsuits and require that they be preceded by a 
     period during which defendants could fix the problems that 
     otherwise would give rise to the litigation. Cutting down on 
     frivolous lawsuits is certainly a worthy goal, and we are 
     sympathetic to litigation reform proposals. But this bill, 
     though better than earlier versions, still has fundamental 
     flaws. Specifically, it removes a key incentive for companies 
     to fix problems before the turn of the year, and it also 
     responds to a problem whose scope is at this stage unknown.
       Nobody knows just how bad the Y2K problem is going to be or 
     how many suits it will provoke. Also unclear is to what 
     extent these suits will be merely high-tech ambulance chasing 
     or, conversely, how many will respond to serious failures by 
     businesses to ensure their own readiness. In light of all 
     this uncertainty, it seems premature to give relief to 
     potential defendants.
       The bill is partly intended to prevent resources that 
     should be used to cure Y2K problems from being diverted to 
     litigation. But giving companies prospective relief could end 
     up discouraging them from fixing those problems. The fear of 
     significant liability is a powerful incentive for companies 
     to make sure that their products are Y2K compliant and that 
     they can meet the terms of the contracts they have entered. 
     To cap damages in this one area would encourage risk-taking, 
     rather than costly remedial work, buy companies that might or 
     might not be vulnerable to suits. The better approach would 
     be to wait until the implications of the problem for the 
     legal system are better understood. Liability legislation for 
     the Y2K problem can await the Y2K.

  Mr. HOLLINGS. I thank the distinguished Chair.
  ``Liability legislation for the Y2K problem can await the Y2K.'' What 
we are talking about is an instrument, a computer. The average cost for 
a small business and otherwise is $2,000. They are not going to buy a 
$2,000 instrument in 1999 that is not going to last past January 1.
  It is quite obvious that it is not the poor, but it is the 
economically advantaged, the small businesses, and the doctors in 
America that use this instrument now. And all they have to do is go 
into Circuit City and say: Now, put it up, let me see that it works, 
that it is Y2K compliant.
  Why do away with the entire law system, the 10th amendment to the 
Constitution, the habitual and constitutional control of torts at the 
State level under article 10 over the 200 years of history? Do you know 
why? Because they put in this amendment to amendment to amendment. When 
they put in the first one, even chambers of commerce objected to it. 
What you had in the McCain bill was still a bad bill. The McCain-Wyden 
bill is still a bad bill. The McCain-Wyden amendment to the McCain-
Wyden amendment is still bad, as evidenced by this editorial here this 
morning.
  Again, Mr. President, I ask unanimous consent to have printed in the 
Record a letter from Kaiser Permanente Executive Offices, dated April 
27.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            Kaiser Permanente,

                                      Oakland, CA, April 27, 1999.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of Kaiser Permanente, we 
     would like to address a number of serious concerns regarding 
     S. 96, a bill introduced by Senator John McCain, which 
     addresses disputes arising out of year 2000 computer based 
     problems (Y2K).
       In brief, S. 96 as currently drafted:
       Threatens the ability of the health care industry to 
     maintain rates;
       Severely limits the rights of small businesses, consumers 
     and non-profit organizations like ours to recover the often 
     excessive costs of Y2K fixes, purchases and upgrades;
       Unfairly prejudices (or completely bars) the ability of the 
     health care community to recover the costs associated with 
     any potential personal injury or wrongful death award from 
     the entity primarily at fault for the defect that caused the 
     injury. S. 96 permits the manufacturers, vendors and sellers 
     of non-compliant Y2K equipment and products to profit at the 
     expense of their customers and leaves the health care 
     industry (and ultimately our employer groups and patients) 
     responsible to bear the costs of their negligence.
       The four provisions in S. 96 that cause us the most concern 
     are as follows:
       The Act would not prohibit a patient injured in a hospital 
     by a Y2K defective product from suing the hospital or health 
     plan providing the medical service in which the defect arose. 
     The Act would, however, limit or bar a claim brought by the 
     hospital or health plan against the manufacturer or vendor of 
     the defective product, leaving the health care providers 
     solely responsible for the damages.
       The 90 day waiting period requirement will impair the 
     ability of the health care industry to complete its Y2K 
     compliance efforts. The health care providers must remedy 
     their Y2K problems quickly to be compliant with internal and 
     external (including state and federal regulatory) timeliness. 
     For a considerable length of time, Kaiser Permanente has been 
     diligently identifying, mediating, validating, and testing 
     equipment and software with respect to Y2K issues. A key 
     component of this process has been demanding information, 
     assistance, and corrective action from manufacturers and 
     vendors, who often have control of the source codes and other 
     information that is necessary to achieve compliance. Vendors 
     who at this late date have still not adequately addressed 
     their Y2K defects in their products, despite repeated 
     requests by us, should not be afforded a 90 day period in 
     which to respond to such requests. Such a delay in pursuing 
     legal

[[Page 7919]]

     remedies could prejudice our ability to complete our Y2K 
     efforts by the year 2000.
       While the Act limits the liability of manufacturers and 
     sellers of defective equipment and software, it does not 
     require that they fix the problems that they created for a 
     reasonable price. Some manufacturers and vendors sold Y2K 
     defective products in recent years knowing that their 
     products would not be usable past the year 2000. Yet S.96 
     would allow such tortfeasors to charge exorbitant rates for 
     fixes which should be provided at a discounted or nominal 
     fee. In other words, the Act allows tortfeasors to increase 
     their ill-gained profits at the health care purchaser's 
     expense.
       The Act does not carefully limit the use of the powerful 
     defenses it creates. Rather, it permits a defendant to assert 
     defenses in any action related ``directly or indirectly to an 
     actual or potential Y2K failure''. Manufacturers and vendors 
     will find it useful to assert that there are Y2K issues in 
     cases where a Y2K problem is not alleged, lengthening and 
     confusing litigation and potentially barring claims for other 
     defects.
       The above provisions in S.96 are of the greatest concern to 
     us. However, there are other unfair provisions in the Act 
     which inequitably limit liability, including the abrogation 
     of joint liability, the mandate of proportionate liability, 
     the limitation to economic loss, the increase in the standard 
     of proof for the plaintiff, and the addition of new defenses 
     for the defendant. Please carefully review S.96 again in 
     light of our concerns. We would be happy to discuss this with 
     you further, please do not hesitate to call Wendy Weil at 
     510-271-2630 or Laird Burnett at 202-296-1314.
           Sincerely,

                                               Mary Ann Thode,

                                            Senior Vice President,
                                          Chief Operating Officer.

  Mr. HOLLINGS. Quoting from the letter:

       In brief, S. 96 [as currently drafted] threatens the 
     ability of the health care industry to maintain rates; 
     severely limits the rights of small businesses, consumers and 
     non-profit organizations like ours to recover the often 
     excessive costs of Y2K fixes, purchases and upgrades; 
     unfairly prejudices (or completely bars) the ability of the 
     health care community to recover the costs associated with 
     any personal injury or wrongful death award from the entity 
     primarily at fault for the defect that caused the injury. S. 
     96 permits the manufacturers, vendors and sellers of non-
     compliant Y2K equipment and products to profit at the expense 
     of their customers and leaves the health care industry (and 
     ultimately our employer groups and patients) responsible to 
     bear the costs of their negligence.

  Mr. President, I could read on and on, but when different 
industries--the automobile industry, the grocer industry, and 
otherwise--come to the attention of this 36-page document to change 
around the 200-year experience of the enforcement of torts, the Uniform 
Commercial Code nationally, and do away with it and the so-called 
privilege it required. To come in here and cap punitive damages, 
describe a small business as any 50 or less--I notice in this most 
recent amendment, Mr. President, on page 2, a defendant is described as 
an unincorporated business, a partnership, corporation, association, or 
organization with fewer than 50 full-time employees. It used to be 
smaller, 25. But they are going in the wrong direction, all with this 
so reasonable, so bipartisan, so studied, so compromising, so 
interested--come on. Give me a break.
  Look at the next sentence: ``No cap with injury specifically 
intended.'' Paragraph 1 does not apply if the plaintiff establishes by 
clear and convincing evidence that the defendant acted with specific 
intent to injure the plaintiff. So there go the class actions. Each 
plaintiff has got to come in and prove by clear and convincing, not by 
the greater weight of the preponderance of evidence, but by clear and 
convincing, that it is specifically intended for that particular 
plaintiff to be injured.
  Mr. President, what we really have is a fixed jury. We could talk 
sense, but I notice in the morning paper that Kenneth Starr, the 
independent prosecutor, is asking the judge down there in Arkansas to 
go and interview the jurors after the verdict. He ought to come to 
Washington where they interview the jurors before the verdict.
  That is my problem on the floor of the Senate here this morning; I 
can tell you that right now. They run around this Chamber, the Chamber 
of Commerce is in here, the Business Roundtable, this conference board, 
get all those organizations going. I am tending to my business down 
home. And you are for tort reform. You know this Y2K liability, $1 
trillion for the trial lawyers and all that.
  Yes, I am against that. I am against a trillion dollars for the trial 
lawyers. Everybody says that, running for office. Sure, the idea of 
tort reform.
  So they have Kosovo, they have the balanced budget, and the lockbox 
charade going on, and right in the middle of this they come with all 
the fixed votes, the jurors, before we even get to debate and show that 
there is a nonproblem.
  I am getting there. I can see the Parliamentarian blinking his eyes, 
so I am running out of time here. We are going to have to vote. But 
here is the biggest fix I have ever seen. We had a difficult time 
trying to get the truth around to our colleagues about S. 96 here this 
morning, but I hope we can withhold and get some time to vote against 
this cloture motion so we will have time to really show what is going 
on.
  We have problems in this country, but I can tell Senators, it is not 
the tort system. It is not how the tort system affects business. 
Business is going through the roof financially in New York. Everybody 
is making money, particularly in the computer business. Of all the 
people to ask for special legislation here in the Congress as well as 
special protections and the revision of all the tort practices, is the 
computer industry, the richest in the entire world.
  I appreciate the indulgence of the Chair, and I yield the floor.
  Mr. LIEBERMAN. Mr. President, I would like to add my strong support 
to the bill we are currently considering, the Y2K Act. Although I plan 
to join my colleagues on this side of the aisle in voting against 
cloture, I don't want anyone to construe that vote as an indication 
that I have any doubts about the need for, and the wisdom of, this 
legislation.
  Congress needs to act to address the probable explosion of litigation 
over the Y2K problem, and it needs to act now. We are all familiar with 
the problem caused by the Y2K bug. Although no one can predict with 
certainty what will happen next year, there is little doubt that there 
will be computer program failures, possibly on a large scale, and that 
those failures could bring both minor inconveniences and significant 
disruptions in our lives. This could pose a serious challenge to our 
economy, and if there are wide spread failures, American businesses 
will need to focus on how they can continue providing the goods and 
services we all rely on in the face of disruptions.
  Just as importantly, the Y2K problem will present a unique challenge 
to our court system--unique because of the likely massive volume of 
litigation that will result and because of the fact that that 
litigation will commence within a span of a few months, potentially 
flooding the courts with cases and inundating American companies with 
lawsuits at the precise time they need to devote their resources to 
fixing the problem. I think it is appropriate for Congress to act now 
to ensure that our legal system is prepared to deal efficiently, fairly 
and effectively with the Y2K problem--to make sure that those problems 
that can be solved short of litigation will be, to make sure that 
companies that should be held liable for their actions will be held 
liable, but to also make sure that the Y2K problem does not just become 
an opportunity for a few enterprising individuals to profit from 
frivolous litigation, unfairly wasting the resources of companies that 
have done nothing wrong or diverting the resources of companies that 
should be devoting themselves to fixing the problem.
  To that end, I have worked extensively with the sponsors of this 
legislation--with Senators McCain, Gorton, Wyden, Dodd, Hatch, 
Feinstein and others--to try to craft targeted legislation that will 
address the Y2K problem. Like many others here, I was uncomfortable 
with the breadth of the initial draft of this legislation. I took those 
concerns to the bill's sponsors, and together, we worked out my 
concerns. I thank them for that. With the addition of the amendment 
just agreed to by Senators Dodd, McCain and others, I think we have a 
package of which we all can be proud, one which will help us

[[Page 7920]]

fairly manage Y2K litigation. Provisions like the one requiring notice 
before filing a lawsuit will help save the resources of our court 
system while giving parties the opportunity to work out their problems 
before incurring the cost of litigation and the hardening of positions 
the filing of a lawsuit often brings. The requirement that defects be 
material for a class action to be brought will allow recovery for those 
defects that are of consequence while keeping those with no real injury 
from using the court system to extort settlements out of companies that 
have done them no real harm. And the provision keeping plaintiffs with 
contractual relationships with defendants from seeking through tort 
actions damages that their contracts don't allow them to get will make 
sure that settled business expectations are honored and that plaintiffs 
get precisely--but not more than--the damages they are entitled to.
  I think it is critical for everyone to recognize that the bill we 
have before us today is not the bill that Senator McCain first 
introduced or that was reported out of the Commerce Committee. Because 
of the efforts of the many of us interested in seeing legislation move, 
the bill has been significantly narrowed. For example, a number of the 
provisions changing substantive state tort law have been dropped. 
Provisions offering a new ``reasonable efforts'' defense have been 
dropped. The punitive damages section has been altered. And, instead of 
a complete elimination of joint liability, we now have a bill that 
holds those who committed intentional fraud fully jointly liable, that 
offers full compensation to plaintiffs with small net worths and that 
allows partial joint liability against a defendant when its co-
defendants are judgment proof--precisely what most of us voted for in 
the context of securities litigation reform.
  I understand that there are those who still have concerns about some 
of the remaining provisions in the bill. To them and to the bill's 
supporters, I offer what has become a cliche around here, but has done 
so because it is truly a wise piece of advice: let us not make the 
perfect the enemy of the good. Y2K liability reform is necessary--in 
fact critical--legislation that we must enact. Those of us supporting 
the legislation must be open to reasonable changes necessary to make 
the bill move, and those with legitimate concerns about the bill need 
to work with us to help address them. I hope we can all work together 
to get this done.


                             Cloture Motion

  The PRESIDING OFFICER. All time for debate has expired. Under the 
previous order, the clerk will report the motion to invoke cloture.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the pending 
     amendment to Calendar No. 34, S. 96, the Y2K legislation:
         Senators Trent Lott, John McCain, Rick Santorum, Spence 
           Abraham, Judd Gregg, Pat Roberts, Wayne Allard, Rod 
           Grams, Jon Kyl, Larry Craig, Bob Smith, Craig Thomas, 
           Paul Coverdell, Pete Domenici, Don Nickles, and Phil 
           Gramm.

  The PRESIDING OFFICER. The question is, Is it the sense of the Senate 
that debate on amendment No. 267 to S. 96, the Y2K legislation, shall 
be brought to a close?
  The yeas and nays are required under the rule. The clerk will call 
the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from New York (Mr. Moynihan) is 
absent due to surgery.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan), would vote ``no.''
  The PRESIDING OFFICER (Mr. Allard). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 52, nays 47, as follows:

                      [Rollcall Vote No. 95 Leg.]

                                YEAS--52

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Smith (NH)
     Smith (OR)
     Snowe
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Cochran
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Shelby
     Specter
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Moynihan
       
  The PRESIDING OFFICER. On this vote, the yeas are 52, the nays are 
47. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader.

                          ____________________




                       UNANIMOUS-CONSENT REQUEST

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
resume consideration of S. 96, and the last amendment pending to S. 96 
be modified with the changes proposed by Senators Dodd, Wyden, Hatch, 
Feinstein, Bennett, and Senator McCain which I now send to the desk. 
And I send a cloture motion to the desk to the compromise amendment.
  The PRESIDING OFFICER. Is there objection?
  Mr. HOLLINGS. Most respectfully, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LOTT. Mr. President, for the information of all Senators, this 
cloture vote would have occurred, if consent had been granted, on 
Monday on the so-called compromise worked out among the chairman and 
Senator Dodd, Senator Feinstein, and others as mentioned above.
  Let me say, I appreciate the effort of the chairman. I appreciate the 
effort, the work, and the willingness to try to find an adequate 
solution by Senator Wyden. And Senator Feinstein has been involved, and 
a number of others, Senator Dodd, obviously.
  But in light of this objection, I do not intend to bring this bill 
back before the Senate until consent can be granted by the Democrats. 
And if it is predicated on agreement that we open this up for every 
amendment in the kitchen, then it is over. Or until we get a commitment 
that we are going to get the votes for cloture and get a reasonable 
solution to this problem, I think it would be unreasonable for me to 
waste the Senate's time with any further debate or action on this 
amendment.
  We need to do this. We can do it. But I am prepared now--if everybody 
is ready, we will just say it is over, the trial lawyers won, and we 
will move on to the next bill. But I am willing to be supportive of 
Members on both sides of the aisle who, acting in good faith, want to 
get this done.
  We should do it. This is a reasonable approach. There is no reason we 
should use the Y2K computer glitch as an opportunity for a litigation 
bonanza. I am a lawyer, and everybody in this Chamber knows I have 
relatives who would be very interested in this. But I am interested in 
what is fair and what is right. We need to do this. The negotiations 
have happened. Concessions have been made. But, frankly, I am ready to 
move on to something else, unless we can get this done. So I do not 
intend to do anything else until we hear some solution to this problem.
  I yield the floor.
  Mr. DASCHLE addressed the Chair.
  The PRESIDING OFFICER. The Democrat leader.
  Mr. DASCHLE. Mr. President, I am disappointed with the announcement 
just made by the majority leader. I

[[Page 7921]]

think, as others have already indicated, that we have made 
extraordinary progress in the last couple of days. That would not have 
happened without Senator Dodd, Senator Wyden, Senator Kerry, Senator 
McCain, and a number of other Senators who have been very involved in 
bringing us to this point.
  I am disappointed, as well, that there was an objection to returning 
to the Y2K bill, because we were making real progress toward improving 
the bill. I believe that negotiations have delivered progress, even 
though more improvements will be needed. I support proceeding back to 
the Y2K bill. I support keeping the negotiations going. I want a bill. 
I think we will get a bill. I think it is important we get a bill.
  I also think, however, that there were unfortunate decisions made by 
the majority about how we consider legislation on the floor. We are 
negotiating all of this off the floor. I would much prefer to have a 
good debate and offer amendments. The amendment tree is filled. We are 
not able to offer a Democratic amendment--relevant or not relevant. So 
we are relegated to negotiating off the floor. And we are making 
progress even in that context. I only wish we would recognize in this 
Chamber all the rich tradition of debate in the Senate and we would 
have the opportunity to offer amendments and debate them, dispose of 
them, and move on.
  Senator McCain has suggested that. So I am not necessarily accusing 
the manager of any effort to keep us from having those amendments. But 
I will say this. We will not be gagged when it comes to our ability to 
offer amendments. It is religion. And it ought to be religion on both 
sides. It is a fundamental question about fairness, about rights, and 
about any one Senator's opportunity to participate fully in the debate 
and consideration of any important legislation.
  So I am frustrated that the tree is full. I am frustrated that we are 
not able to move this process forward in the normal, open process under 
which we should consider any bill, especially this one. But I am also 
hopeful that we will come to some resolution. I am hopeful that we will 
find compromise. I know we will pass this legislation before long.
  I yield the floor.
  Mr. McCAIN addressed the Chair.
  The PRESIDING OFFICER. Senator McCain is recognized.
  Mr. McCAIN. Mr. President, could I first say, before Senator Daschle 
leaves the floor, that having been in the minority for the first 7 
years or 8 years I was here, I certainly have sympathy with his 
frustration. The great strength of the Senate is that not only does 
every Senator have the right to be heard but the minority does also. 
But I also think Senator Daschle realizes that if we allow any 
amendment on any subject with extended debate, then the body does not 
move forward.
  I have not seen a better relationship than the one that exists 
between Senator Daschle and Senator Lott. It is one of friendship and 
it is one of cooperation. I think the legislative accomplishments which 
have been achieved during Senator Lott's and Senator Daschle's 
stewardship have been incredibly impressive, really.
  I think perhaps it would be best for us to recognize that there is 
virtue on both sides of the argument, especially in light of, for 
example, yes, the tree is filled, but I did state, and the majority 
leader stated, we would be glad to vitiate one of those parts of the 
tree so that we could take up relevant amendments. I think that was 
made clear. So with the tree filled, there was the opportunity to 
debate relevant amendments.
  I also comment that, as Senator Daschle pointed out, it is not really 
best to have all of this progress done off the floor in negotiations. I 
can't express a deep enough appreciation to Senator Dodd, Senator 
Wyden, Senator Feinstein, Senator Hatch, and Senator Bennett for their 
efforts, and others, and those of Senator Kerry of Massachusetts. From 
a personal standpoint, I express my sympathy for Senator Daschle's 
frustration. But at the same time, I do believe we could have moved 
forward with debate and votes on this issue.
  I really appreciate his comments about his commitment to seeing this 
bill pass, because we really do have to pass this legislation. We will 
engage in further negotiations. But between now and early next week, 
what I would sincerely hope is that all of us--the majority leader and 
Senator Daschle would urge all of our colleagues to get together, come 
up with a set of amendments, as we usually do when this process comes 
to an end, come up with a set of relevant amendments, a time period 
associated with it, and get this thing done so we do not have to have 
another cloture vote and not have this very vital issue addressed.
  Again, I also say that these amendments are important. I know the 
Senator from South Carolina feels very strongly about many of them. But 
it is time, really, that we started going through that process, even 
though we are bringing the bill down today.
  Again, I express my appreciation to Senator Feinstein, Senator Wyden, 
and Senator Dodd on this very important issue.
  Mr. President, I yield the floor.
  Mr. DASCHLE addressed the Chair.
  The PRESIDING OFFICER. The minority leader.
  Mr. DASCHLE. Mr. President, I just want to ask unanimous consent that 
a list of amendments in the 103rd Congress--the last Congress, of 
course, that the Democrats were in the majority was the 103rd Congress. 
I would be remiss if I did not submit for the Record right now a list 
of amendments that were not relevant that were offered by Republicans 
to legislation during the 103rd Congress. There were at least 19 
nonrelevant amendments offered, and this may not be the complete list. 
We may update this as time goes on.
  This issue of relevancy is interesting because it was never an issue 
in the 103rd Congress. Nonrelevant amendments were added. That list 
details a number of things. In fact, the manager of the bill today, 
Senator McCain, had a nonrelevant amendment on the motor voter bill 
that would have allowed certain rescission authority on the part of the 
President. The Senator from Arizona also offered a nonrelevant 
amendment to the unemployment compensation bill in December, 1993. The 
amendment was to eliminate the Social Security earnings test.
  The ability to offer nonrelevant amendments has been part of the 
consideration and deliberation of legislation here in the Senate for 
every Congress, including the 103rd Congress when we were in the 
majority.
  Mr. President, I ask unanimous consent that this list be printed in 
the Record.
  There being no objection, the list was ordered to be printed in the 
Record, as follows:

               GOP NON-RELEVANT AMENDMENTS--103RD CONGRESS
------------------------------------------------------------------------
       Vote  No.           Date
------------------------------------------------------------------------
9                          2/4/93  Family and Medical Leave (H.R. 1,
                                    P.L. 103-3)--Mitchell motion to
                                    table Dole, et al., perfecting
                                    amendment to Dole, et al., amendment
                                    (as amended by Mitchell amendment--
                                    Vote No. 8): Directs Congress to
                                    conduct thorough review of all
                                    executive orders, DOD directives,
                                    and regulations of military
                                    departments concerning appointment,
                                    enlistment, and retention of
                                    homosexuals in armed services before
                                    July 15, 1993; specifies that all
                                    such orders, directives or
                                    regulations in effect on January 1,
                                    1993, shall remain in effect until
                                    review is completed, unless changed
                                    by law; requires President to submit
                                    any change to this policy to
                                    Congress as bill; and sets forth
                                    expedited procedures for Senate and
                                    House floor consideration. (62-37)
27 \1\                    3/10/93  Motor Voter (H.R. 2)--McCain motion
                                    to waive Budget Act to permit
                                    consideration of McCain et al.,
                                    amendment: Permits President to
                                    rescind all or part of
                                    appropriations bill if he
                                    determines, and notifies Congress
                                    within 20 days, that rescission
                                    would help balance Federal budget
                                    and not harm national interests;
                                    deems rescinded budget authority
                                    canceled unless Congress passes
                                    disapproval bill and overrides
                                    expected Presidential veto; and
                                    contains expedited procedures for
                                    Senate floor consideration. (45-52)
109                       4/29/93  Department of Environmental
                                    Protection (S. 171)--Glenn motion to
                                    table Nickles-Reid, et al., modified
                                    amendment: Requires Comptroller
                                    General and GAO to prepare impact
                                    statement to accompany each bill,
                                    resolution, or conference report
                                    before it may be reported or
                                    considered by either House of
                                    Congress that describes
                                    legislation's impact on economic
                                    growth and employment, on State and
                                    local governments, on ability of
                                    U.S. industries to compete
                                    internationally, on Federal revenues
                                    and outlays, and on gross domestic
                                    product; requires Executive Branch
                                    agencies to prepare such impact
                                    statements to accompany their
                                    proposed and final regulations; and
                                    requires brief summary statement if
                                    aggregate effect of legislation is
                                    less than $100 million or 10,000
                                    jobs. (50-48)
120 \1\                   5/13/93  RTC Funding (S. 714, 103-204)--Gramm
                                    motion to waive Budget Act to permit
                                    consideration of Gramm-Mack-Brown
                                    amendment: Extends discretionary
                                    spending caps and sequestration for
                                    Defense, International, and Domestic
                                    budgetary categories through FY
                                    1998. (43-53)

[[Page 7922]]

 
160 \1\                   6/22/93  Supplemental Appropriations, 1993
                                    (H.R. 2118, P.L. 103-50)--Roth
                                    motion to waive Budget Act to permit
                                    consideration of Rom, et al.,
                                    amendment: Provides capital gains
                                    tax cut indexed for inflation, 150
                                    percent depreciation expense
                                    increase, $2,000 tax deductible IRA
                                    for all taxpayers, jobs tax credit
                                    for new hiring, repeal of luxury
                                    taxes, and passive loss reform for
                                    real estate; and offsets cost by
                                    eliminating Federal retirement lump
                                    sum benefit, freezing domestic
                                    discretionary spending for five
                                    years, reducing Federal employment
                                    by 150,000, and imposing Medicare
                                    secondary payor reform and reducing
                                    Federal aid for mass transit. (39-
                                    59)
197                       7/20/93  Hatch Act Reform (H.R. 20, P.L. 103-
                                    94)--Sasser-Glenn motion to table
                                    Domenici, et al., modified
                                    amendment: Expresses sense of Senate
                                    that President should submit
                                    supplementary budget as required by
                                    law no later than July 26, 1993. (56-
                                    43)
206                       7/22/93  National Community Service (H.R.
                                    2010, 103-82)--Moseley-Braum motion
                                    to table Helms amendment: Extends
                                    design patent for insignia of United
                                    Daughters of Confederacy for 14
                                    years. (48-52)
207                       7/22/93  National Community Service (H.R.
                                    2010, 103-82)--Bennett motion to
                                    reconsider vote No. 206 by which
                                    Senate failed to table Helms
                                    amendment: Extends design patent for
                                    insignia of United Daughters of
                                    Confederacy for 14 years. (76-24)
208                       7/22/93  National Community Service (H.R.
                                    2010, 103-82)--Moseley-Braum motion
                                    to table Helms amendment: Extends
                                    design patent for insignia of United
                                    Daughters of Confederacy for 14
                                    years. (75-25)
327                      10/26/93  Emergency Unemployment Compensation
                                    (H.R. 3167, 103-152)--Hutchison
                                    motion to waive Budget Act to permit
                                    consideration of Hutchison-Shelby,
                                    et al., amendment: Eliminates
                                    retroactivity of Tax increase on
                                    upper income individuals: makes
                                    effective date of estate and gift
                                    tax rates August 10, 1993; cuts
                                    discretionary spending caps for
                                    agency and departments operating
                                    expenses by $36 billion over three
                                    years; and exempts DOD expenses from
                                    these cuts in FY 1994. (50-44)
337 \1\                  10/27/93  Emergency Unemployment Compensation
                                    (H.R. 3167, 103-152)--Gramm motion
                                    to waive Budget Act to permit
                                    consideration of Gramm amendment:
                                    Reduces discretionary spending caps
                                    for FY 1994-98 by amount comparable
                                    to savings achieved from termination
                                    of superconducting super collider.
                                    (58-39)
338 \1\                  10/27/93  Emergency Unemployment Compensation
                                    (H.R. 3167, 103-152)--McCain motion
                                    to waive Budget Act to permit
                                    consideration of McCain amendment:
                                    Eliminates Social Security earnings
                                    test for individuals age 65. (46-51)
339                      10/28/93  Emergency Unemployment Compensation
                                    (H.R. 3167, 103-152)--Nickles-Shelby
                                    amendment: Creates point of order
                                    against any bill, amendment, joint
                                    resolution, motion, conference
                                    report or amendment between House
                                    and Senate which increases taxes
                                    retroactively and provides for
                                    waiver by affirmative three-fifths
                                    vote of all Senators, during time of
                                    war, or after adoption of joint
                                    resolution declaring that military
                                    conflict in which U.S. is engaged is
                                    serious threat to national security.
                                    (40-56)
28                         2/8/94  Goals 2000: Educate America Act (H.R.
                                    1804, 103-227)--Helms amendment:
                                    Prohibits use of funds by DOE or HHS
                                    to support or promote distribution
                                    or provision of, or prescription
                                    for, condoms or other contraceptive
                                    devices or drugs to unemancipated
                                    minor without prior written consent
                                    of parent or guardian. (34-59)
36                         2/9/94  Emergency Earthquake Supplemental
                                    Appropriations, 1994 (H.R. 3759,
                                    P.L. 103-211)--D'Amato amendment, as
                                    amended: Extends to December 31,
                                    1995, or date on Resolution Trust
                                    Corporation (RTC) is terminated,
                                    whichever is later, statute of
                                    limitations for RTC to file civil
                                    lawsuits for certain tort actions
                                    responsible for thrift failure. (95-
                                    0)
44                        2/10/94  Emergency Earthquake Supplemental
                                    Appropriations, 1994 (H.R. 3759,
                                    P.L. 103-211)--Byrd motion to table
                                    McConnell-Dole-Nickles amendment:
                                    Expresses sense of Senate that
                                    report and related documents
                                    pertaining to disclosure of Bush
                                    Administration files should be made
                                    available to Congressional Offices
                                    with legitimate oversight interests;
                                    confidentiality of report should be
                                    protected by Congress until Office
                                    of Inspector General (OIG) releases
                                    and OIG should report in writing to
                                    Majority and Republican Leaders why
                                    such procedures were not observed in
                                    release of OIG report entitled
                                    ``Special Inquiry into the Search
                                    and Retrieval of William Clinton's
                                    Passport File'' and his reason for
                                    declining to prosecute case. (55-39)
53                        3/10/94  National Competitiveness (H.R. 820)--
                                    Glenn motion to table Wallop, et
                                    al., modified amendment: Requires
                                    agencies to submit regulatory
                                    flexibility analysis of all proposed
                                    regulations. (31-67)
251                        8/2/94  Improving America's Schools (H.R. 6,
                                    P.L. 103-382)--Biden motion to table
                                    Gramm-Dole amendment: Expands
                                    Federal jurisdiction to all State
                                    crimes of violence and drug
                                    trafficking where gun is used and
                                    provides for minimum penalties for
                                    illegal use of firearm; permits
                                    waiver of these penalties for drug
                                    offenses under specifically defined
                                    circumstances; establishes mandatory
                                    minimum sentence for distribution
                                    and trafficking of drugs by person
                                    under age 18; permits admission of
                                    evidence of previous assault or
                                    child molestation offense in
                                    criminal or civil cases involving
                                    these offenses; and requires
                                    attorney for government to disclose
                                    such to defendant at least 15 days
                                    before scheduled date of trial or at
                                    such later time as court may allows
                                    for good cause. (55-44)
268                       8/10/94  DOD Appropriations, 1995 (H.R. 4650,
                                    P.L. 103-335)--Inouye motion to
                                    table Helms amendment (to Committee
                                    amendment): States sense of Senate
                                    that major health care reform is too
                                    important to enact in rushed
                                    fashion, and Congress should take
                                    whatever time is necessary to do it
                                    right deferring action until next
                                    year in order to give Congress and
                                    American time to obtain, read, and
                                    consider all alternatives, unless
                                    Senate has had full opportunity to
                                    debate and amend proposal after CBO
                                    estimates have been made available.
                                    (54-46)
------------------------------------------------------------------------
\1\ 3/5ths majority.
\2\ 2/3rds majority.

  Mr. DASCHLE. Mr. President, I yield the floor.
  The PRESIDING OFFICER. Is the Senator from Texas seeking recognition?
  The Senator from South Carolina.
  Mr. HOLLINGS. Mr. President, the distinguished majority leader 
alluded to the fact that he had relatives that were trial lawyers. That 
puts me in the position of qualifying to even speak. Let me first say 
that I am proud to be a trial lawyer. No trial lawyer has called me or 
talked to me about this bill. They don't need to. They know and 
understand.
  Now, what happens is, when you grow up in a small town, you get a 
varied experience. I am also known as a good business and corporate 
lawyer. I represented a grocery chain that had 125 Piggly Wiggly stores 
all over, and we were sued for antitrust. I won that going all the way 
to the Supreme Court.
  I know about frivolous suits. I represented the local transit 
company, the South Carolina Electric and Gas. Every November, somehow 
everybody slipped down on the bus. They got their arm caught in the 
door. They tripped up on the floor. They were small cases, but the 
attorneys who preceded me handling them didn't want to try them. It is 
Christmastime, New Year's.
  I backed them all up. We tried them all. We won them all. I saved 
that corporation millions of dollars. I am the first southern Governor 
to get a AAA credit rating from Standard & Poor's and Moody's. I know 
about business responsibility.
  Now, we trial lawyers have had the fortune to represent people who 
have been dying of asbestosis, and then we have the young ladies who 
had the breast implants, and then moved to the tobacco. But here now 
for a change it is trial lawyers. We are beginning to get credibility. 
We are representing small businesses, with $20,000 in their pockets or 
more. You don't go down and buy a computer for $20. And small business 
people are buying that instrument. I wish they would read Business 
Week. I wish they would listen to Kaiser Permanente in California, how 
they are absolutely opposed to this particular bill, and that it would 
hurt the health industry. I wish they would read the record whereby the 
individual doctor came from New Jersey. He said he had--I can't 
remember the exact name so I don't want to refer to it incorrectly--a 
supplier. He bought the computer in 1996, and the salesman bragged 
about how it was going to be Y2K compliant. It would last for over 10 
years and on and on.
  And then he found out last year that it wasn't compliant. You see, 
you don't have to wait until January 1. This is an important point for 
the Senate to understand. You don't have to wait for January 1.
  This is all political applesauce. You don't have to wait until 
January 1, when you go in and buy a computer, and everybody who reads 
the newspaper and anybody with $20,000 in their pocket knows now the 
Y2K problem.
  He asked that it be fixed, and they did not even answer when he 
called a couple of times. Then he wrote a letter. And after a couple of 
months passed, he decided that he had to get a lawyer. He was told that 
it would be $25,000. Now, mind you me, he only paid $16,000 for the 
computer, but it would be $25,000 to make it Y2K compliant.
  So as a result, they brought the suit, and somehow it got on the 
Internet. The next thing you know, this particular supplier had 17,000 
doctors similarly situated. And immediately the supplier said, oh, yes, 
we will fix it for free and even pay the lawyers' fees to get out of 
this thing. But that is the cost/benefit of some of these businesses.
  We have been into this tort thing. We have the Uniform Commercial 
Code. We have the States. No State attorney general is running around 
saying we need a national approach and to do away with 200 years of 
history of the Constitution under the 10th amendment, and tort law and 
all the trial codes of America. The State of Colorado has a good bill, 
not like this incidentally, which brings me to the real point about 
negotiating.
  The crowd that says this is nonnegotiable has been running around 
trying to pick up votes. That is what the negotiation has been about. I 
just read the amendment to the amendment to the amendment. When it 
first started, even chambers of commerce said, this is too violating 
and we are not going to get away with this. They actually opposed the 
bill when it was first introduced. Then they got this McCain bill. Then 
they got the McCain-Wyden bill. Then they got the amendment, and

[[Page 7923]]

now we have the amendment to the amendment. It showed how objectionable 
it was.
  It is tricky. They are still plying downtown. Tom Donahue has been 
out in the hall saying what we will go with.
  This is a political exercise. There is not a national need for Y2K 
legislation, as the Washington Post just this morning said. The 
communities know and understand. This is certainly not a conservative 
newspaper. I have introduced it. ``Liability legislation for the Y2K 
problem can await the Y2K.''
  But it is a political problem, if you can identify with Silicon 
Valley and get their money and get their votes. They collected 14 
million last night and they have to perform. The rich expect a fight, 
and you have to show you are fighting. You don't care about Y2K and the 
person buying a computer and everything else of that kind. It is taken 
care of; it is a nonproblem.
  Read Business Week, March 1 issue. All the blue chip corporations of 
America have notified their suppliers to be compliant by the end of 
April, this year, 7, 8 months ahead of time.
  So we are talking about a problem that is a nonproblem. It is 
certainly not a Federal problem, but it is a national political problem 
between the parties.
  Yes, some on this side think they can get in bed with the Silicon 
Valley boys who want a capital gains tax cut. They want estate tax 
cuts. We have heard it. The bills are running all around. That is the 
crowd that is shoving them. If we can just give them a little bit, I 
can go out and get a fund-raiser. That is what is going on.
  When you refer to the trial lawyers, we trial lawyers are finally 
getting a little credibility. We are representing good, responsible, 
financially solvent clients, not an injured party who is hurt from 
smoking or from a breast implant or dying from asbestosis and doesn't 
have any money, and can hardly pay the doctor, much less the lawyer. 
How are they going to get into court? Like I am committing some civic 
offense by representing them--Mr. President, I do not get a dime unless 
I win. What does winning mean? Winning means drawing the pleadings and 
negotiating, because I know you don't make money in court. But, by 
gosh, you might have to go to court.
  And then you have to get the jurors. Then they will think of other 
things to get up on appeal. And I have to go all the way and pay all 
the expenses--investigation, court expenses, and everything else. That 
is the contingent fee process, so the indigent poor in this America can 
get their day in court. It has worked for 200 years.
  It is not the crowd where we have former Senators still indebted, 
having been investigated, $450 an hour, sitting down with the mahogany 
walls and the blooming Oriental rugs. I want a continuance. I want a 
continuance. No trial lawyer is frivolous. He doesn't want a 
continuance. He has to move it along. Like Senator McCain says, ``Let's 
move it along.'' The trial lawyers are a move-along crowd. But when 
they see a fixed jury, then they say, wait, lets stop, look, and 
listen.
  I earlier remarked on something here. Kenneth Starr is in the morning 
news trying to interview the jury after the verdict. We understand, 
from this particular charade, that you have to interview the jury 
before the verdict, because we are the jury and they are running around 
with all of these entities. I can't do it. The Chamber of Commerce, the 
Business Roundtable, NFIB--they are all running around--are you for 
tort reform? I am for tort reform. We have had it in South Carolina. It 
is a good bill. It practices there. I get in all the industries, and no 
businessman in my backyard is complaining. I have the best of the best. 
Give me the blue chips. I have GE, Westinghouse, BMW, Hoffman-LaRoche. 
Give me the best of the best.
  I went out to Bosch not long ago. They make the antilock brakes for 
Mercedes and Toyota, and they have a contract for all GM. I asked the 
gentleman who was briefing us, ``What about product liability on 
defective antilock brakes?'' He said, ``No, every one of these is 
numbered. We would know immediately where it went wrong.'' That is what 
trial lawyers have caused. They have caused the utmost care in 
production. You have quality care and you ought to be proud of it. That 
is how you get productive --not on a State tax cut or a capital gains 
tax cut.
  Let the trial lawyers show you the way for quality production. We get 
on them when they give you a bad article. That is what we argued about 
here when they referred to the trial lawyers as if there is something 
wrong with them. I am proud that we can be able to represent people 
with money for a change. So I am ready to stay here and object.
  If there were some negotiations, it would be better while we move on 
some other legislation. They need to get a reasonable bill that doesn't 
change all the tort law or joint and several and these other things 
they have in there, where you just sue them and they say, ``That part 
was made in India, so go out to New Delhi and see if you can find 
them''--come on. No small businessman or doctor has the wherewithal to 
do that. They have no recourse. They are trying to take away individual 
rights on a political bum's rush.
  I yield the floor.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. LOTT. Mr. President, there is a lot I would like to say in 
response to Senator Daschle's remarks and Senator Hollings' remarks. 
Some of it would probably be better left unsaid, but I must comment.
  Regarding amendments, I reiterate what Senator McCain, the manager of 
the legislation, said. Amendments that are relevant to this bill, 
germane to this bill, we ought to do that. That is why I left a window 
in the parliamentary procedure yesterday so we could do that. 
Unfortunately, the Senator from Massachusetts showed up and stuck in a 
totally irrelevant amendment, and I felt that that was an abuse of my 
good-faith effort. But we can still do that. If Senator Dodd, Senator 
Robb, or some other Senator has an amendment with regard to Y2K, OK, 
that is the way you legislate. But the idea that we are going to have a 
political legislative agenda dumped off on this bill, which is a very 
thinly veiled effort to kill the bill--that is really what is at stake 
here--any majority leader would be certainly unwilling to agree to 
that.
  I offer this to Senators again: If we have relevant amendments, we 
will be glad to do that.
  Let me talk for a moment about what this bill does. It seems to be a 
little bit clouded by the debate. It provides time for plaintiffs and 
defendants to resolve the Y2K computer problems without litigation--
without litigation. That sounds like a good idea to me. Those who think 
the solution to the problem in America is more lawsuits, I don't think 
they have been talking to the real world. I am a lawyer. But the idea 
that we ought to just have more opportunities to file lawsuits--I 
understand lawyers are calling the families of the poor victims in 
Colorado and saying, ``Can we sue somebody for you?'' That makes me 
sick to my stomach, that in this moment of grief, members of my 
profession would call and say, ``Let me sue somebody for you.''
  No, the answer is not more lawsuits in America. The answer is 
solutions, opportunities for resolution, sanity, for Heaven's sake. So 
we would like to have a process here where we don't always have to 
resort to litigation. Wonderful lawsuits. Great. I don't believe the 
American people want that.
  This bill reiterates the plaintiff's duty to mitigate damages and 
highlights the defendant's opportunity to assist plaintiffs in doing 
that by providing information and resources. Does that make sense? Why, 
sure. It is giving them help to solve the problem. This is a unique 
problem, one we have never had before. Shall we rush to the courts? No. 
Should we try to find a way to resolve the problem for all concerned? 
Yes.
  The bill provides for proportional liability in most cases, with 
exceptions for fraudulent or intentional conduct, or where the 
plaintiff has limited assets.

[[Page 7924]]

  Are there legitimate causes for court actions? Yes. I don't have the 
extensive practice background that the distinguished Senator from South 
Carolina has, but I practiced a little law and I did some corporate 
work and some public defender work, and I filed some lawsuits because I 
thought they were necessary. I can remember a medical malpractice case 
that I thought was justified. Yes, there are cases, but they should be 
only after other avenues have been pursued where there is fraud or 
intentional misconduct.
  This bill protects governmental entities, including municipalities, 
schools, fire, water sanitation districts from punitive damages. Should 
there be some general protection for the school districts from being 
sued? Sure.
  The bill eliminates punitive damage limits for egregious conduct 
while providing some protection against runaway punitive damage awards. 
Do we need some protection here? You see lawsuits out here in some 
States for $40 million, and it is totally inexplicable and, in my 
opinion, indefensible.
  It provides protection for those not directly involved in a Y2K 
failure. And it is a temporary measure. We are not trying to have 
product liability reform on this bill or tort reform--although we ought 
to have both, in my opinion, and the sooner the better. I can't wait 
until we can get it done. But this is a temporary measure to deal with 
a temporary, one-time problem. It sunsets January 1, 2002.
  I want to emphasize that it does not deny the right of anyone to 
redress their legitimate grievances in court.
  What is at stake here? What is going on here? Some people don't want 
this bill at all, pure and simple. To the credit of the Senator from 
South Carolina, I don't think he has denied that. His goal is to defeat 
this bill. For every name of people out here in the hall on the 
business side, I can assure you there is somebody on the other side. 
But the idea that we are going to resort to the courts to solve all of 
the problems in America, and the insinuation that this bill is some 
sinister plot to block legitimate legal action, I just find that wrong.
  I think it is a good effort. I hope we get it done. But I am willing 
to stand on this line right here. Those who just voted against cloture 
can live with it, as far as I am concerned, and they can explain it to 
their constituents--big businesses, small businesses, farmers, people 
who are going to get sued if we don't do this, when it is not even 
necessary.
  So if this bill dies on this line, it is OK with me, because I think 
the blame is clear. But I am not going to be a part of shenanigans 
here, to have an agenda dumped on this bill that would result in 
killing it. We are not going to keep spinning our wheels. We are going 
to come up with a legitimate compromise solution, and we are going to 
vote and move or not--either way. If anybody in this Chamber thinks the 
solution to the Y2K problem is more lawsuits, I don't believe they have 
talked to the people in America.
  Mr. KYL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  (The remarks of Mr. Kyl, Mrs. Hutchison, and Mr. Hollings pertaining 
to the introduction of S. 912 are located in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  Mr. HOLLINGS. Mr. President, let me thank the distinguished Senator 
from Texas. She is right on target. We have graduated over 2,000 agents 
from the finest school down there for Border Patrol agents. Two who 
trained there have already been killed.
  I have visited from time to time. The matter of pay is the issue. We 
advertise and we solicit in the local area over the entire State--and 
nationally--and it is a pay problem.
  I hope we can confront it.
  Mr. President, I will say a word about the majority leader's 
rejoinder relative to this legislation.
  He points out specifically that without litigation, we have time; it 
gives an avenue, gives 90 days in time, to fix the problem.
  Mr. President, this Senator knows, rather than fixing the problem, 
they are trying to fix the defendants and see if, on a cost-benefit 
basis, they can move the problem out to India or some other supplier 
that is indigent or bankrupt or otherwise; that is what they do during 
the 90 days.
  We do not need in law a 90-day waiting period before you can file. 
Nobody is filing immediately. Nobody wants to get to court. These 
businesspeople don't run down and get a lawyer. They do as the doctor 
did in his testimony before the Commerce Committee: He called and 
called, and he wasn't called back; then he wrote the letter; he spent 
$16,000 for a computer, and in a year's time he had to pay $25,000 just 
to be Y2K compliant.
  We live in the real world. Why is this gimmick on all legal 
proceedings all of a sudden given a 90-day extension for fixing the 
problem? For an individual running a little corner grocery store with a 
computer that goes down, if they call the company and don't have the 
money to make it Y2K compliant, in 90 days they are out of business. 
They are still waiting around while they are maneuvering with their 
lawyers.
  These manufacturers who are sued have lawyers on retainer sitting up 
on the 32nd floor wondering when they can get off to play another golf 
game or when they can get another continuance. They think about how to 
stay out of the courtroom and how to get the clock running. It is a bad 
provision.
  Let me agree with the distinguished majority leader and say I agree 
that no bill is needed. We find out after all of the debate, here comes 
the Washington Post that says, wait a minute, the market is fixing it 
now. On January 1, if there is a real problem that the States can't 
handle, there are courts in all the States, and if they can't handle 
it, we have a national problem, fine. But don't use Y2K as an 
instrument to distort the tort system and get through what they haven't 
been able to get through for the past 20 years.
  I yield the floor.

                          ____________________




  GUIDANCE FOR THE DESIGNATION OF EMERGENCIES AS A PART OF THE BUDGET 
                                PROCESS

  The PRESIDING OFFICER (Mr. Bunning). The Senate will now resume 
consideration of S. 557, which the clerk will report.
  The bill clerk read as follows:

       A bill (S. 557) to provide guidance for the designation of 
     emergencies as part of the budget process.

  The Senate resumed consideration of the bill.
  Pending:

       Lott (for Abraham) amendment No. 254, to preserve and 
     protect the surpluses of the social security trust funds by 
     reaffirming the exclusion of receipts and disbursement from 
     the budget, by setting a limit on the debt held by the 
     public, and by amending the Congressional Budget Act of 1974 
     to provide a process to reduce the limit on the debt held by 
     the public.
       Abraham amendment No. 255 (to Amendment No. 254), in the 
     nature of a substitute.
       Lott motion to recommit the bill to the Committee on 
     Governmental Affairs, with instructions and report back 
     forthwith.
       Lott amendment No. 296 (to the instructions of the Lott 
     motion to recommit), to provide for Social Security surplus 
     preservation and debt reduction.
       Lott amendment No. 297 (to amendment No. 296), in the 
     nature of a substitute.

  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I ask unanimous consent I be permitted to 
proceed as in morning business not to exceed 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Ms. Collins pertaining to the introduction of S. 913 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from New Hampshire is recognized.
  Mr. SMITH of New Hampshire. I thank the Chair.
  (The remarks of Mr. Smith of New Hampshire, pertaining to the 
introduction of S. 914 are located in today's Record under ``Statements 
on Introduced Bills and Joint Resolutions.'')
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
for an additional 5 minutes.

[[Page 7925]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       TED GUY, AN AMERICAN HERO

  Mr. SMITH of New Hampshire. Mr. President, I rise today to pay 
tribute to an American hero. We could use some heroes today, of all 
days, considering the last few days we have had in America. But I rise 
today to pay tribute to retired Col. Theodore Wilson Guy, United States 
Air Force, from Missouri. Ted Guy, nicknamed the ``Hawk'' by those who 
knew him best, was a genuine American hero. He was best known for 
having sacrificed his freedom for his country as a U.S. POW during the 
Vietnam war. But aside from being a hero, perhaps more importantly, Ted 
would say he was a husband, a father, a brother, and a friend to many, 
including myself. Last Friday, April 23, 1999, Ted passed away only 6 
months after discovering symptoms associated with leukemia.
  I will always remember Ted Guy for the encouraging faxes and e-mails 
he used to send to my office, especially during the investigation 
conducted by the Senate Select Committee on POW/MIA Affairs, which I 
cochaired in the early 1990s. I gained a lot of strength from those 
inspiring messages from this hero. Ted will never know, but I want his 
family to know how much those messages meant to me.
  Ted felt strongly that our Government needed to do more to account 
for his missing comrades from the Vietnam war. He traveled at his own 
expense to Washington, DC, to the Halls of Congress, to make this 
point.
  Ted was right to be concerned about our Government's handling of the 
issue of POWs and MIAs, and with his support, and the support of his 
fellow veterans and family members of POWs and MIAs, we have made 
significant progress in opening the books, declassifying the records, 
and pressing foreign governments for answers over the last decade.
  However, as Ted continued to maintain up until his last days with us, 
there is still much work to be done with our accounting effort, and I, 
for one, am committed to seeing this issue through, in part because of 
people like Ted.
  I commit to you, Ted, we will keep working. We owe it to you.
  I say to the youth of America, if you want a role model to aspire to 
and to inspire you, they do not come any better than men like Ted Guy. 
When looking for a hero, oftentimes young people look to professional 
athletes or others. You want to remember that a hero is not only 
somebody you care for, but if they are a real hero, that person will 
care about you, too.
  Ted joined the Air Force in 1947. He served his country as an Air 
Force fighter pilot for the next 26 years. He served in both the Korean 
and Vietnam wars flying the F-84 in the Korean theater and the F-4 in 
the Vietnam theater. On March 22, 1968, while attacking an automatic 
weapons position near the Vietnamese-Laotian border during the battle 
of Khe Sanh, Ted's plane was shot down and he was captured by the 
Communist forces.
  Ted Guy was subsequently marched up the Ho Chi Minh Trail and then 
held in several POW camps in the Hanoi area, to include the infamous 
Hanoi Hilton. He was brutally tortured by the North Vietnamese to the 
point where he would pass out from severe beatings. He also was forced 
to spend nearly 4 years in solitary confinement.
  He was one tough guy--Ted Guy. He did not talk about it much, though. 
You could not get him to talk about it. He was not looking for 
sympathy.
  When he was finally removed from solitary confinement, he was put in 
a prison with more than 100 other U.S. military and civilian prisoners. 
He became the senior officer among them and was responsible for 
maintaining order, the chain of command, and the code of conduct among 
his fellow POWs.
  His leadership and guidance helped his fellow POWs survive their 
ordeal. Many have said just that. Many referred to themselves as 
``Hawks' Heroes'' in honor of Ted Guy.
  To the code of conduct, Ted added his own personal code that 
consisted of two points. The first point was to resist until unable to 
resist any longer before doing anything to embarrass his family or his 
country. The second point was to accept death before losing his honor.
  Ted once said:

       Honor is something that once you lose it, you become like 
     an insect in the jungle. You prey upon others and others prey 
     upon you until there is nothing left. Once you lose your 
     honor, all the gold in the world is useless in your attempt 
     to regain it.

  Mr. President, Ted Guy never, never lost his honor. What an 
inspiration he was to all Americans. I wish more Americans could have 
known him personally. I wish more Americans knew more about Ted Guy. He 
leaves behind his wife Linda of 26 years, four sons and two 
stepdaughters. He touched a lot of people--so many people.
  However, his unselfish and patriotic sacrifices for America and his 
heartfelt concerns about efforts to account for his missing comrades 
from the Vietnam war who never made it home were huge accomplishments. 
I was proud to call him a friend, and I already miss him.
  As with other POWs, Ted used a tap code in Hanoi to communicate 
through the walls with other POWs. It was an alphabet matrix--five 
lines across, five lines down. Ted used to end his messages by tapping 
the code ``GBU,'' or ``God bless you,'' and ``CUL'' for ``See you 
later.''
  I end my tribute with the same message to Ted: ``GBU CUL, Ted.''
  Mr. President, I ask unanimous consent that the tributes to Ted Guy 
from his son, his POW-MIA supporters, and his dear friend and fellow 
POW, ``Swede'' Larson, and also a copy of the tapping code, as Ted Guy 
used it, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          A Tribute to Ted Guy, Sr. From His Son, Ted Guy, Jr.

       On Friday, April 23rd, my dad passed away. Col. Ted Guy was 
     a man of tremendous conviction, determination and patriotism. 
     As his son, I would like to share with you a picture of my 
     Dad you might not have been aware of. Please read this as a 
     tribute from a son to his Dad.
       It was a little over six months ago that Linda alerted me 
     to the fact that Dad was not feeling well and he would be 
     undergoing some tests. The test showed the seriousness of 
     Dad's illness. I knew Dad would do everything he could to 
     fight the cancer, as his five year experience in POW camp had 
     provided a glimpse of his determination. However, my concern 
     became that he would finish well. To finish well would be to 
     be right with God. To be right with God would be to 
     understand and accept God's word, the Bible. To accept God's 
     word would be to receive Jesus Christ as one's Saviour.
       When I visited with Dad shortly after Christmas, I gave him 
     a copy of the book ``Mere Christianity'' by C.S. Lewis. On 
     the cover of the book I had written, ``Dad, I desire more 
     than anything in life that you would spend eternity with me 
     in heaven. I ask you to read this book with an open mind as 
     it is written by a `wanna be' fighter jock, C.S. Lewis.''
       Prior to giving this book to Dad, we had had discussions 
     about Jesus Christ, but Dad felt he was pretty much a self 
     made man and could make it on his own. But when your Dad is 
     dying, you tend to again go the extra mile as my greatest 
     concern was where would he spend eternity.
       I am so pleased to report that Dad read the book. As he was 
     fighting the cancer, his loving wife, Linda, would read from 
     ``Mere Christianity'' to Dad every night before he went to 
     bed. In addition, I gave Dad an audio cassette about the 
     ``proof of Christ.'' About two months ago, Dad called me and 
     said he had listened to the tape and ``it made a lot of 
     sense.'' He also told me not to worry as he and God were 
     going to be O.K.
       Throughout these past four months, I have had the great 
     privilege of seeing Dad do everything he could to beat the 
     cancer. I believe he received outstanding care. I also 
     believe the love and care shown Dad by Linda in helping him 
     fight the cancer is a real example of loving and serving at 
     its very best.
       I have also seen Dad's heart towards God change. This 
     change was reflected not only in what he said to people about 
     the things of God, but this change was also reflected in the 
     warmth and love he expressed to so many in his last days. He 
     understood the love of Christ and the beauty of Christ's gift 
     on the cross. But more than understanding, he accepted the 
     gift of God through his Son Jesus Christ.
       My wife, Rita, and my sons, David and Jeremy, will miss 
     Dad. David and Jeremy will miss fishing with Granddad as well 
     as being the only two people on the planet that could

[[Page 7926]]

     humble him. (A 4 and 5 year old have that amazing ability.) 
     We are so proud of the great American he was, the lives he 
     touched and the causes he fought. His legacy of patriotism 
     and determination will live on, we promise.
       While we are proud, we are also very thankful. We are 
     thankful Dad received Jesus Christ as Lord and Savior. 
     Perhaps, the Lord has placed dad in a place of great need in 
     having cancer. A place where dad could completely understand 
     his need for Jesus Christ. If I could say one thing to my 
     dad, it would be: ``Dad, you served, you fought, but most of 
     all, you finished well. I am proud to be Ted Guy, Jr.''
       Knowing my Dad, he would have wanted you to know he died 
     with peace in his heart. He knew he was loved and cared for; 
     but more than anything, he would want you to know he knew the 
     love of God.

                POW-MIA Internetwork Tribute to Ted Guy

     Re Colonel Ted 'Hawk' Guy Passes.
     Date: April 25, 1999.

       From the flight lines of Korea and Vietnam, to a cell in 
     the Hanoi Hilton, to the hallowed halls of Congress . . . Ted 
     Guy never failed to speak his mind, do his job and command 
     respect, awe and admiration from all who crossed his path.
       And now he has passed on to a final freedom and peace.
       After duty in Korea and stateside, he was transferred to 
     Vietnam where he bailed out over Laos after one of his bombs 
     prematurely exploded and was captured by the North 
     Vietnamese. From the jungles of Laos, Ted was marched to 
     Hanoi, repeatedly exposed along the way to Agent Orange. Upon 
     reaching the Hanoi Hilton, he spent 3 years in solitary 
     confinement and upon release to the general population, 
     assumed his role as Senior POW Officer (SRO).
       He was badly beaten, tortured and as a result of extreme 
     mistreatment during captivity, he was retired shortly after 
     his release during Operation Homecoming.
       Ted rallied family members, activists and Ex-POWs the same 
     way he rallied his men . . . With compassion, strength and 
     passion. He openly spoke of his confinement, the politics of 
     POWs and was a resounding voice of reason in an unreasonable 
     issue and world.
       The continued saturation of Agent Orange took its final 
     toll . . . Ted was diagnosed with Leukemia as a result of AO 
     exposure and within a scant 6 months, passed from this world.
       There are no words to express how much he is respected and 
     how much he will be missed. His voice may have been silenced, 
     but his message will endure.
       In closing he always signed his letters and e-mails to us 
     with the POW tap code, GBU and CUL, and we were and we did . 
     . . and we will, one day.
       May your flight be swift and the winds carry you high Ted.
       GBU-CUL
                                  ____


        National Alliance of POW/MIA Families Tribute to Ted Guy

       It is with deep sadness that we inform you of the passing, 
     on April 23rd, 1999 of Korean and Vietnam War Vet and former 
     Vietnam Prisoner of War--Col. Ted Guy. For those unaware, 
     Col. Guy was with us, from the very beginning of the 
     Alliance. He spoke at our first forum back in July 1990. When 
     our website started (www.nationalalliance.org), he agreed to 
     write the foreward for our Vietnam Pages.
       Col. Guy was a strong supporter of the Live POW issue. He 
     was never afraid to speak his mind and he stood by his 
     convictions.
       All of us in the POW/MIA issue will miss him. We have lost 
     a dear friend and our POW's have lost a strong advocate.
                                  ____


     A Message From Col ``Swede'' Larson, Former POW--Hanoi Vietnam

       It is with deep regret, that I inform you of the death of 
     Col. Ted Guy. He passed away today, 23 April 1999, from 
     complications associated with Leukemia. He only lived 6 
     months from the time of his first symptoms. He is survived by 
     his wife Linda, two step daughters, four son's, and a 
     brother.
       Since most of you did not know Ted, and a few misunderstood 
     him, I am going to ask your indulgence, and tell you a little 
     about him, since I was his very close friend for 44 years.
       We first met at Luke Air Force base in 1955 as young 
     Captains instructing fighter gunnery. He had previously 
     completed a combat tour in Korea, flying F-84's. He and I had 
     three things in common. We both loved to fly, party, and 
     fish. Over the years we stayed in close touch, and after his 
     retirement, we fished together many times.
       He was assigned to South Vietnam in F-4's while I was in 
     Thailand flying out-country missions, in F-105's. When he 
     showed up in Hanoi, I couldn't fathom how he had gotten 
     there. After we were released, I learned that he was shot 
     down during the battle at Khe Sanh, bailed out and captured 
     in Laos by the North Vietnamese (they were never in Laos! -
     yah, right!). On the second day of his capture while he was 
     starting his walk to Hanoi, he was heavily sprayed with Agent 
     Orange. In the ensuing days, he walked through many areas 
     that had been previously defoliated.
       As he was captured in Laos, he was kept away from the rest 
     of us and spent his first 3 years in solitary confinement. He 
     was then put in with the 100 plus, Army and civilian 
     prisoners and was the Senior Officer. He had his hands full 
     with a group of very young, non-motivated and rebellious 
     enlisted men. Unlike our group, (after the death of HO), he 
     was badly treated by his captors, almost up to our release. 
     He was badly beaten during this time for acting as SRO and on 
     one occasion, suffered severe head injuries, which several 
     years later resulted in his being medically discharged from 
     the service. He had been on the ``fast track'' prior to shoot 
     down, and had been promoted to Lt. Col. below the zone. To my 
     knowledge, he was the only POW promoted (to 06) below the 
     zone while a POW. Those concussions he suffered forced his 
     early retirement.
       He was not an active member of our group, primarily because 
     he did not know or serve with any of us in Hanoi. He also 
     felt that even though our group elected to be non-political, 
     we should have made an exception and taken a prominent stand 
     as a potential powerful lobby group, to demand a full 
     accounting of the MIA's. He was an individual of deep 
     loyalties, and a boundless love of his country and flag. He 
     stood up tall against those he felt were in the wrong.
       His medical specialists felt that his Leukemia was a direct 
     result of his repeated heavy exposures to Agent Orange. The 
     Veterans Administration however, in their infinite wisdom 
     felt otherwise, and denied his emergency claim for Agent 
     Orange disabilities. (Hence no DIC for his wife).
       He ended up loosing a promising military career and 
     suffered an early end to his life, in his service to his 
     country. I shall truly miss him. Thanks for your indulgence.
       GBU Ted.
     Swede Larson.
                                  ____


                          Obituary for Ted Guy

       Theodore Wilson Guy, 70, of Sunrise Beach, Missouri, died 
     April 23, 1999, at St. Marys Health Center.
       He was born April 18, 1929, in Chicago, a son of Theopholus 
     W. and Edwina LaMonte Guy.
       He was married October 18, 1973, to Linda Bergquist, who 
     survives at the home.
       A 1949 graduate of Kemper Military College, he served as a 
     pilot in the Air Force until his retirement in 1973 as a 
     colonel. A veteran of the Korean and Vietnam wars, he 
     received a Silver Star, the Distinguished Service Medal, the 
     Distinguished Flying Cross, the Air Medal and a Purple Heart. 
     He was a POW for five years in Laos and North Vietnam. After 
     his retirement from the Air Force, he became National 
     Adjutant for the Order of Daedalians.
       In 1977, he became associated with TRW, assigned to Iran as 
     Senior Tactical Adviser to the Commander, Iranian Tactical 
     Air Command.
       He was a member of St. George Episcopal Church, Camdenton.
       Other survivors include: two sons, Ted Guy Jr. and Michael 
     Guy, both of Phoenix; two stepdaughters, Elizabeth Thannum, 
     Los Angeles, and Katherine Roth, Chicago; one brother, Donald 
     Guy, state of Alabama; and three grandsons.
       Services will be at 3 p.m. Friday at St. George Episcopal 
     Church. The Rev. Tim Coppinger will officiate. The remains 
     were cremated. Inurnment, with military honors, will be at a 
     later date in Arlington National Cemetery, Arlington, 
     Virginia.
       Memorials are suggested to the Leukemia Society of America.
                                  ____


                      POW TAP CODE IN HANOI HILTON
------------------------------------------------------------------------
                  1            2           3           4           5
------------------------------------------------------------------------
       1            A           B            C          D           E
            ------------------------------------------------------------
       2            F           G           H           I           J
            ------------------------------------------------------------
       3            L           M           N           O           P
            ------------------------------------------------------------
       4            Q           R           S           T           U
            ------------------------------------------------------------
       5            V           W           X           Y           Z
------------------------------------------------------------------------

  Mr. SMITH of New Hampshire. I thank the Chair for his courtesy. I 
yield the floor.
  Mr. GRAMS. Mr. President, I ask unanimous consent that I be allowed 
to speak for up to 10 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Grams pertaining to the introduction of S. 916 
and S. 917 are located in today's Record under ``Statements on 
Introduced Bills and Joint Resolutions.'')
  Mr. GRAMS. Mr. President, I yield the floor and suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Voinovich). Without objection, it is so 
ordered.

[[Page 7927]]


  Mr. BROWNBACK. Mr. President, I ask unanimous consent to speak as in 
morning business for a period of up to 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




               VIDEO VIOLENCE AND THE CULTURE OF KILLING

  Mr. BROWNBACK. Mr. President, I rise to address the body today on 
another aspect of our culture. I have spoken several times this week 
about different aspects of our culture in areas that I think need 
desperate reform, which certainly has been highlighted by what took 
place in Colorado.
  Today, I want to speak of video games. I have examples to show people 
in this body and I hope around the country of what is being marketed to 
our children, what is being put out there, what they are receiving.
  I have kids who are in this age range. My oldest daughter is 12, my 
son is 11, and my youngest daughter is 9. They have some exposure to 
some of these notions. I rise to address one aspect of our society that 
I think demands attention, particularly in the wake of these tragic 
events.
  Yesterday, I addressed the rise in popularity of music with 
hyperviolent, often misogynistic lyrics. More and more kids are tuning 
in to music which glorifies and glamorizes violence and viciousness. As 
the popularity and profitability of music depicting murder, torture, 
and rape grows, the music industry is making a killing off our kids.
  The problem is not unique to the music industry. It is found in many 
entertainment fields. This coming Tuesday, we will hold a hearing in 
the Commerce Committee to examine marketing violence.
  Today, I will talk about another equally troubling trend in pop 
entertainment, the rising popularity of gory, graphic video games. The 
video game industry has received far less attention than television or 
movies but is among the fastest growing entertainment media in the 
country.
  Last year, the video game industry was worth more than $6 billion. 
Its profitability is climbing steadily and rapidly. The rise in 
profitability is fueled by the rise in popularity of these games. Video 
games are being played more often by more people and particularly more 
kids.
  Even industry executives acknowledge that video games are a growing 
part of the cultural landscape. I want to put this in the context of 
the cultural landscape. One executive of the industry went so far as to 
assert in a recent Wall Street Journal article that:

       Games are a primary vehicle for popular culture.

  These games are.
  As a father with a young son who plays a lot of video games, I can 
tell you, they get to spend more time with him a lot of times than 
anybody else does, as he plays the video games.
  Although many video games are nonviolent, a growing number of 
companies are producing and promoting unimaginable gory, interactive 
video games. They are gory and they are interactive.
  Consider these few examples. ``Carmaggedon'' is a highly popular 
video game put out by Interplay, which debuted a little over a year 
ago. The purpose of the game is for the player, who controls a race 
car, to mow down as many pedestrians as he possibly can. That is the 
purpose of the game, ``Carmaggedon.'' You are in the car mowing down 
people. Points are awarded for each pedestrian killed, and the more 
gruesome, the better.
  Unlike some games where the player aims to kill villains, such as 
monsters or aliens, the targets in this game are innocent people. The 
game player is no longer cast in the role of vigilante but simply a 
cold-blooded killer.
  The video game ``Quake,'' put out by Midway Games and ID Software, 
the same companies as producers of ``Doom,'' consists of a lone gunman 
confronting a variety of monsters. For every kill, he gets points. As 
he advances in the game, the weapons he uses grow more powerful and 
more gory. He trades in a shotgun for an automatic, and later he gets 
to use a chain saw on his enemies. The more skilled the player, the 
gorier the weapons he gets to use. Bloodshed is his reward. ``Quake'' 
sold more than 1.7 million copies its first year out.
  Here are some other examples of popular games. I want to show you 
some of these ads, because I think they are particularly troubling in 
the advertisement that they use. These are ads that were all taken from 
a recent gaming magazine, again, aimed at a teenage audience. These are 
generally aimed at people under the age of 18. And I can see some of 
our interns and pages up front. I rather imagine they will recognize 
some of this advertising that I am going to show.
  But I want you to look at some. Here is ``Quake.'' Just look how this 
is advertised, if you would, Mr. President.

       Blowing your friends to pieces with a rocket launcher is 
     only the beginning . . . .

  Sound familiar?

       Whether you are in search of the ultimate online frag-fest 
     or looking for the latest Quake news, information player 
     ranks, or skins--the Imagine Games Network has it all.

  It talks about ``[b]lowing your friends to pieces with a rocket 
launcher is only the beginning. . ..'' Unfortunately, does that sound 
like a news headline?
  Let's look at the next one we have up here. And I want to point out, 
before I get to the real graphics of it, it is rated 14. So there is 
actually a rating system on video games. So this one is supposed to be 
purchased by people under the age of 18. It is rated to do so.
  Listen to the title of this one. Look at how this one is advertised 
at the very top. ``Kill Your Friends Guilt Free'' is the advertising. 
``Kill Your Friends Guilt Free.''

       If you consider yourself a fighter kind of surg, Guilty 
     Gear comes highly recommended. No true fan can be--

  This is online here. What else do we have of this one? ``Fighting 
games.'' You can see the rest of it, and the gory details. It is rated 
for teens. This is rated for kids under the age of 18.
  ``Kill Your Friends Guilt Free.'' Does that sound horrible?
  This is an actual game screen, really. This is of a very popular 
game.

       It is built on the revolutionary Quake II engine kingpin. 
     Life of crime. Includes a multiple player gang bang 
     deathmatch for up to 16 thugs.

  I think you can see the blood splattering here at the side in which 
different people are blown away.
  One other point I want to make about this is that we will have people 
testify at our hearing about the desensitization that this does to 
people to allow and even empower them to do things to people that are 
not even imaginable, but after you spend so much time looking at and 
studying the screen and shooting at and blowing up people, the 
desensitization process happens.
  We will have an expert witness testifying that that allows you to do 
things that you would otherwise have an internal mechanism in you 
saying, no, you cannot do that; no, you do not do that. But after hour 
after hour of the blood and guts, it has a desensitization to it.
  These are advertisements.
  Look at this one. Look at this one: ``Deploy. Destroy. Then relax 
over a cold one.''
  ``Deploy. Destroy.'' And ``[t]hen relax over a cold one.''
  On this one you can see the little teen label. This is marketed and 
this is for teens to purchase. They actually are for teens to purchase.
  Can you really sit there and say that the consumption of this on and 
on and on does not have some impact on a young mind, on a young soul?
  ``Deploy. Destroy. Then relax over a cold one.''
  Look at this one. This one goes further than even death.

       Destroying your enemies isn't enough. * * * You must devour 
     their souls [in this one]. Legacy of Kain: Soul Reaver. As a 
     result, stalk the shadows of Nosgoth, hunting your vampire 
     brethren. Impale them with spears, incite them with torches, 
     down them in water. No matter how you must destroy them, you 
     must feed on their souls to sustain your quest, the ruin of 
     your creator, Kain.
       [Y]ou must feed on their souls to sustain your quest, the 
     ruin of your creator, Kain.

[[Page 7928]]

     Dark Gothic story, shift real time between material and 
     special planes. Morph.

  Those are being marketed to our kids.
  The video game industry has not only deemed some of these acceptable 
for teens and parental consent unnecessary, but they market them to 
teens as well.
  This may seem over the top, but they are among the more popular games 
around. One survey of 900 fourth to eighth graders found that almost 
half of the children said their favorite electronic games involved 
violence.
  Columnist John Leo put it this way:

       We are now a society in which the chief form of play for 
     millions of youngsters is making large numbers of people die. 
     Hurting and maiming others is the central fun activity in 
     video games played so addictively by the young. Can it be 
     that all this constant training in make-believe killing has 
     no social effects?

  One would think that some of these games are so violent that they are 
out on the fringe somewhere snubbed by respectable companies, cringing 
somewhere in the electronic redlight district. Not so. They are backed 
and distributed by some of the biggest names in the business.
  GT Interactive distributes ``Quake.'' Sony Corporation is developing 
the ``Doom'' game, which so inspired the two young killers in 
Littleton, into a movie. They are making this into a movie and are in 
the process of negotiating with its own game division's ``Twisted 
Metal'' car game, where the object is to mow down innocent pedestrians.
  In these games, the goal is death. Success is determined by the body 
count. Others' pain is your gain.
  Moreover, almost all of these games are sold in toy stores. Reports 
indicate that they are typically arranged in alphabetical order, not by 
rating or age level.
  It seems pretty apparent to me that toy stores are designed to appeal 
to children. Children are the targeted audience. Parents do not enter 
toy stores to buy toys for themselves. But right there on the shelves 
are products that are supposedly unsuitable for children.
  Defenders of these games say they are mere fantasy and harmless role-
playing. But is it really the best thing for our children to play the 
role of murderous psychopaths? Is it truly harmless to fantasize about 
mass murder? Is it?
  We need to do better than this. I am not saying that companies do not 
have a right to peddle this, but it is not right to make a killing off 
peddling violence to our children.
  Raising children is a precious duty and a precarious task. It 
requires nurturing, sacrifice, and lots of love. But even the most 
devoted parents may find it impossible to shield their child from these 
images and messages that surround them at school, at the mall, at a 
friend's house, through music, TV, movies, and video games. We can no 
more shield our children from a polluted culture than we can shield 
them from polluted air.
  Just as a polluted physical ecosystem is poisoned by several sources, 
so our cultural ecosystem has many points of source pollution. And this 
is one. We all need to do our part in cleaning up our cultural 
ecosystem--or else we shall all be poisoned by it.
  Mr. President, I am willing to share these graphics with other 
offices for them to look at as well. I simply ask them to look and to 
examine and to think as we start to explore more in this area of 
cultural renewal and the need for renewal of what we are actually 
dealing with today--how do we move forward to get to a better and a 
brighter day, so our children can live in a culture of life rather than 
a culture of violence and a culture of death? What are they receiving 
today versus what we want them to receive tomorrow? Can we really sit 
here and say that these have no impact on our children? I don't think 
we can.
  I think we need to examine and push, each of us individually, and 
start down this line of saying, what is it that is being received? What 
sort of cultural pollution is getting to our children, and how do we 
improve that ecosystem? How do we get it renewed?
  We can, and we have to start about this task, not by a series of 
censorship but first by knowledge and, by that, spreading and getting 
away from a culture of doom and death to a culture of life.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Crapo). Without objection, it is so 
ordered.
  Mr. LEAHY. Mr. President, I ask unanimous consent that I be allowed 
to proceed for up to 12 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




ILL-CONSIDERED PROSECUTION OF FORMER AGRICULTURE SECRETARY MICHAEL ESPY

  Mr. LEAHY. Mr. President, there have been a lot of interesting things 
in the news this week. One is a story about the Supreme Court's ruling 
on Tuesday. It confirms the view that many of us have held for some 
time. Special Prosecutor Donald Smaltz was overreaching, at the very 
least, in indicting and trying former Secretary of Agriculture Mike 
Espy. Mr. Smaltz spent over 4 years and about $17 million of our 
taxpayers' money to run out of office this distinguished public 
servant.
  Last December, a jury said ``no'' to Special Prosecutor Smaltz and 
acquitted Mr. Espy of the charges against him. In fact, the jury said 
``no'' and ``no'' and ``no'' and ``no'' and ``no'' and ``no,'' I 
believe, over 30 times. Now the Supreme Court has said a resounding 
``no'' also. They rejected the broad reading urged by Mr. Smaltz of the 
criminal laws he has used to bring down a Cabinet Secretary. The 
Supreme Court, Tuesday, concluded that the conviction of a trade 
association for giving Mr. Espy gifts was correctly thrown out by a 
lower court.
  According to the Supreme Court, if Mr. Smaltz's reading of the 
Federal gratuity statute were correct--a reading that out-of-control 
special prosecutors seem to have--``it would criminalize, for example, 
token gifts to the President based on his official position and not 
linked to any identifiable act--such as the replica jerseys given by 
championship sports teams each year during ceremonial White House 
visits . . . [or] a high school principal's gift of a school baseball 
cap to the Secretary of Education, by reason of his office, on the 
occasion of the latter's visit to the school.''
  The Supreme Court wisely rejected these absurd results.
  Secretary Espy began his tenure as Agriculture Secretary facing 
challenges to the safety of our food supply, and he dealt with those 
challenges with enormous energy, compassion, and effectiveness. Just 
before he was sworn as Secretary, several children died because they 
ate contaminated hamburgers in Washington State.
  I remember this very well. I remember Secretary Espy immediately 
flying to Washington State to be with the families, because he cares 
about people. I remember talking to him about that, because I was at 
that time chairman of the Senate Agriculture Committee. I know that 
when he flew back to Washington, he devoted himself to preventing these 
needless deaths. He started putting into effect policies which will 
save thousands of lives in our country. He fought the industry itself--
a very powerful, well-heeled industry--to do the right thing.
  History will record his tenure as a turning point in updating and 
modernizing our food safety standards--a tradition continued by 
Secretary Glickman and President Clinton.
  But his ``trial by fire'' began at the hand of a special prosecutor 
run amuck. The unanimous jury verdict acquitting him underscores what I 
have been concerned about for some time--unaccountable prosecutors with 
unlimited budgets who can and will bring charges that no other 
prosecutor in the world would bring.

[[Page 7929]]

  This special prosecutor is one who is extremely frustrating. If I 
thought that what he did was out of sheer stupidity, that would be one 
thing. It would be enough if we thought that this was a man who was 
just not bright enough to know his job. But along with his total lack 
of judgment, his total stupidity, came a man whose overwhelming ego was 
such that he cared less about anybody he was after. The taxpayers were 
paying his bill. He cared only about preening before the cameras 
himself.
  He was particularly interested in promoting himself and patting 
himself on the back. He was among the first of the special prosecutors 
to establish his own Internet web page. It is like an advertisement for 
himself on this web page. Mr. Smaltz posted his reaction to the jury 
verdict and downplayed the acquittal since an ``indictment of a public 
official may, in fact, be as great a deterrent as a conviction of that 
official.'' That was the most flagrant admission of abuse of a 
prosecutor's power that I have ever seen--I was a prosecutor for nearly 
9 years--and it remains posted on his web page today.
  What he is saying is, it doesn't make any difference if the person is 
guilty or not. It doesn't make any difference if the jury acquitted 
over and over again, and the person is not guilty. All the prosecutor 
has to do is bring an indictment; that will teach them. This is no way 
to restore faith in the criminal justice system. This is an example of 
a prosecutor who indicts somebody for something that no jury would ever 
convict the person for, but says, ``I will show them because I am the 
prosecutor,'' or, ``I can do that because, after all, it is going to 
cost you hundreds of thousands and maybe millions of dollars to prove 
your innocence. And, besides, the taxpayers are paying my bill. So why 
should I care about you?''
  What ego, what stupidity, what arrogant abuse of power. I really 
cannot think of words strong enough to condemn such actions.
  No prosecutor should bring an indictment simply as a deterrent and 
without a good-faith belief that the case can be proved beyond a 
reasonable doubt. Prosecutors should not bring these charges simply to 
harass somebody, simply to cost them money. A prosecutor has a sworn 
duty not to bring a charge unless he or she thinks there is at least a 
reasonable chance they can prove the charge and the person is guilty. 
Common decency, saying nothing about the canons of ethics, would 
require that. Frankly, no prosecutor who has to answer to anybody would 
do that. Only a prosecutor who doesn't have to answer to anyone, only a 
prosecutor who has the taxpayers paying their unlimited bills, would do 
that.
  Putting aside the harm to reputation and cost to the defendant and 
witnesses of bringing unwarranted charges, indictments based on flimsy 
facts can be dangerous. The Government is barred under our 
Constitution's double jeopardy clause from bringing a case twice. So a 
prosecutor has a responsibility to ensure that the Government can prove 
its case the first time around. There is no opportunity for a second 
``bite at the apple.''
  One item that Special Prosecutor Smaltz did not put up on his web 
page was, I thought, one of the most disgusting things I have seen any 
prosecutor do. It was so bad that apparently, even with his unbridled 
ego and his lack of intellectual honesty, he did not feel he could 
bring himself to put it on the web page. That item was: he 
congratulated his team of well paid prosecutors with gifts of 
wristwatches. According to the press reports, these watches ``look 
good, with Smaltz' name around an eagle in the center of the 
independent counsel seal and the case name, `In re Espy.' ''
  It is like he was on some big game hunt and these were the trophies. 
Stupidity one might excuse, and stupidity was evident here. But this 
kind of arrogant, egotistical abuse of a public trust nobody can 
forgive. In fact, I have wondered whether the cost of those gratuities 
exceeded the costs of the gifts that Mr. Espy was charged with 
receiving. Watch gifts may not be criminal; I find them certainly 
offensive.
  Mr. President, as we go into the debate we will have this year on 
whether we renew the Office of Independent Counsel--something, I 
predict, will not be done--let us not aim all our fire at the excesses 
of Kenneth Starr, or his tactics, or his misstatements of the facts to 
the Attorney General, or even some of the lies that came out of his 
office. Let us not focus just on that. Let's look at people like Donald 
Smaltz, a man who showed what happens when somebody of limited talent, 
of questionable ethics, of no integrity, how they can act when they are 
given unbelievable power, unlimited budget; and we in the Congress 
should ask ourselves whether we want to continue this.
  The Office of Independent Counsel, when filled with good men and 
women--and there have been some very good men and women of both parties 
who have been there--who follow the restraints that prosecutors would 
normally expect to have, have done a good job. But when it is filled by 
people who would serve with a sense of self-aggrandizement, it hurts 
the whole Nation. It hurts an awful lot of innocent people--people 
found innocent by juries, people found innocent by appellate courts, 
people whose reputations are besmirched and their bankrolls exhausted 
by the actions of unconscionable, incompetent, out-of-control persons 
like this man.
  Mr. President, I may speak more on this. I have tried to restrain 
myself in my comments about him today and to give him the benefit of 
the doubt. I have probably given him the benefit of the doubt more than 
he deserves.
  Mr. President, seeing no one else seeking the floor, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KERRY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KERRY. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Kerry, Mr. Kohl, and Mr. Jeffords pertaining to 
the introduction of S. 918 are located in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  Mr. KERRY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. LINCOLN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. LINCOLN. Mr. President, I ask unanimous consent to address the 
Senate for 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. LINCOLN. I thank the Chair.

                          ____________________




                AGRICULTURE SUPPLEMENTAL APPROPRIATIONS

  Mrs. LINCOLN. Mr. President, I rise today to bring attention to a 
situation that grows more dim with each passing day. My colleagues and 
I came to the floor before the Easter recess and addressed this very 
issue.
  The Farm Service Agency has depleted many of its accounts, and quick 
passage of the supplemental appropriations bill is absolutely vital to 
replenish these funds and to get our farmers back into the fields.
  I was very pleased with USDA's emergency action on March 26 to keep 
loan money available and to keep temporary employees on staff. However, 
that funding has run out in many areas, and Congress has yet to 
complete action on the bill.
  The billions of dollars in agricultural credit authority contained in 
the bill is literally the only hope of staying on the farm for hundreds 
of Arkansas producers and many farm families.
  In Arkansas, we need an additional $41 million for FSA's loan 
programs. We are experiencing the largest USDA

[[Page 7930]]

credit demand since the mid-1980s. As of April 23, our State FSA 
offices had delivered more than $179 million in credit assistance.
  Due to bad weather, low prices and poor outlooks, the need for 
Government-guaranteed credit has increased substantially this year. Our 
agricultural industry is on a deadline with Mother Nature, and it 
cannot wait any longer.
  The timeliness of this legislation cannot be overemphasized. For 
those of us in Southern States, our planting time has already come and 
is just about gone. We are in dire straits. All farmers across this 
Nation are in dire straits. It is so very important for us to act in 
this body in a timely fashion in recognizing this problem.
  In addition, I take this opportunity to express to my colleagues that 
agriculture is vitally important to all of us across this Nation and to 
the rest of this world. It seems that every time I turn on the 
television, there is another story applauding the unbelievable success 
of our Nation's economy.
  Unfortunately, not every segment of our society is sharing in this 
period of economic bliss. The agricultural community nationwide is 
suffering.
  USDA economic projections for 1999 do not offer much hope for relief 
in the immediate future, and it will fall upon our shoulders to explore 
the short-term, as well as the long-term, policy resolutions to farm 
revenue problems.
  It may not be the most popular issue of the day, but every one of us 
enjoys the safest, most abundant and most affordable food supply in the 
world today produced by American agricultural growers.
  This safe and abundant food supply will not be there for this Nation 
or for the world if we do not support our family farmers at this 
critical time. Once those family farms are gone, they will no longer be 
back in production.
  I certainly thank the President for allowing me to talk about this 
and to reiterate to my colleagues how absolutely important it is.

                          ____________________




                    IN HONOR OF SENATOR DAVID PRYOR

  Mrs. LINCOLN. Mr. President, I rise today to do something that I know 
my fellow colleagues in the Senate will be very interested in, and that 
is to pay tribute to one of the Senate's esteemed graduates and a role 
model for all Americans, former Senator David Pryor.
  As a young woman and a former Congresswoman from Arkansas, I have 
always looked up to Senator David Pryor for his intelligence, his 
dedication, his tenacity and his compassion for his fellow man.
  Now, I have found a new reason to admire my former colleague and 
long-time friend. For those of you who don't know, last week David 
Pryor left his current post at Harvard's Kennedy School of Government.
  No, he didn't take a job at Yale or even an Ambassadorship. He has 
gone to Kosovo. Not as a diplomat or as a U.S. official, not even as a 
Harvard professor, but as a hands-on volunteer who is helping care for 
Kosovo refugees in Albania.
  I am sure that many of you who served with David Pryor and already 
know him as a great humanitarian are not in the least bit surprised by 
this.
  Senator Pryor recently signed on with the International Rescue 
Mission, a New York based group which was started by Albert Einstein to 
help those suffering under Hitler's regime. The organization is 
currently building shelters and assembling sanitation systems to 
improve living conditions for thousands of displaced Albanians.
  Senator Pryor loaded up his suitcase with gifts for the refugee 
children--candy bars and crayons. And he told the International Rescue 
Mission that he was going there to work for 30 to 60 days.
  Some may ask what prompted David Pryor to take this step. By all 
accounts, he has had a remarkable career--serving as a Senator and the 
Governor of my home state and the state legislature as one of its 
youngest members.
  He has been able to continue his love of politics by teaching young 
people at Harvard's esteemed school of Government. And he has a 
wonderful family, who he enjoys immensely and who loves him dearly. It 
all sounds like a pretty full life.
  When asked by a friend why he made the decision to go to Kosovo, 
Pryor responded that he was too young to fight in World War II and he 
was too involved in his own career during the civil rights struggle to 
contribute much in that event.
  Now, later in life he was struck by the reports and pictures coming 
out of the Yugoslav region. He was concerned for the thousands of 
children and families who were in need and who he wanted to do 
something for. So, after a week of deliberating within himself, he woke 
his wife in the middle of the night and said, ``Honey, we've got to 
talk.'' A week later, off he went.
  Since he has been in Albania, Senator Pryor has reported once back to 
his family and sent a fascinating letter to friends, family and former 
staff. He works in a camp digging latrines and assisting the Red Cross 
efforts to secure supplies. Last Saturday he bought 5,000 bars of soap 
and diapers for 1,000 babies.
  ``Being here a week makes me wonder about our world and how people 
can do such unthinkable, brutal things to other humans,'' Senator Pryor 
wrote. ``It is a world of unreality.''
  He says of the men ``All their incentive and pride has been stripped 
from them and they having nothing left.''
  About half of the dislocated refugees in the camp where Senator Pryor 
works are children. They are scared. They are tired. They are hungry. 
And above all, they are devastatingly sad. They mourn lost loved ones 
and ache to return to their homeland.
  Senator Pryor also shared with his family the stories of two women, 
one whose daughter had been raped at the hands of a Serb police 
officer; the other a young mother has been separated from her three 
children, all under the age of 5, for more than a month. She was forced 
to flee her home, abandon her life and possessions in Yugoslavia, and 
now continues to desperately search for her family, her small children.
  These are just some of the images Senator David Pryor is seeing on 
his trip. They are even more heart wrenching than any of us could 
imagine.
  Whether or not you support U.S. involvement in the Kosovo region, 
none of us can imagine or ignore the human tragedy that is unfolding 
along its borders. Every day our televisions and newspapers carry new 
images of the suffering--new reports of atrocities by Yugoslav troops.
  I, for one, feel better about the humanitarian conditions and the 
thousands who are suffering, knowing that David Pryor is lending a hand 
and leading with his heart.
  My generation has yet to see the kind of nationwide mobilization and 
spirit of volunteerism that swept our country during World War II and 
the Korean War. My mother has often told me of rationing gas and 
preserving food. She told me of joining together with friends and 
family to plant a victory garden and to make morale-boosting gifts to 
send to our troops overseas.
  I have such enormous respect for the efforts of all Americans during 
that time and I hope we as a nation can join together in support of our 
troops and the humanitarian efforts to help the Kosovo refugees now.
  I commend Senator David Pryor's efforts, wish him well, and urge all 
of us to take note of his selfless example.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Fitzgerald). Without objection, it is so 
ordered.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. LOTT. Mr. President, I ask unanimous consent beginning at 9:30 on 
Friday there be 30 minutes for debate only with respect to the Social 
Security lockbox issue, and at 10 a.m. a cloture vote occur pursuant to 
rule XXII.

[[Page 7931]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. I further ask that following that vote, the Senate proceed 
to S. Res. 33 reported today by the Judiciary Committee regarding 
National Military Appreciation Month, and the Senate proceed to vote on 
the resolution without further debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. I ask consent it be in order for me to ask for the yeas and 
nays at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I now ask for the yeas and nays on adoption 
of S. Res. 33.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. LOTT. There will be two rollcall votes on Friday beginning at 10 
a.m. I thank my colleagues for their consideration of these issues.
  As a result of the agreement outlined, there will be no further votes 
today. In addition, I am working with the minority leader, Senator 
McCain, and others to reach an agreement for consideration of the 
resolution Senator McCain introduced regarding Kosovo. That could 
involve other votes or other resolutions. For now, we are working on 
exactly when the McCain resolution would come up. I hope the Senate can 
reach consideration on this matter in early May. I expect a little 
debate yet today on the pending lockbox issue.

                          ____________________




                                 RECESS

  Mr. LOTT. In light of a briefing that is ongoing, a very important 
briefing in the secure room with regard to the conflict in Kosovo, I 
ask that the Senate stand in recess until 4:30 so all Senators can 
attend this briefing.
  There being no objection, the Senate, at 3:42 p.m., recessed until 
4:30 p.m.; whereupon, the Senate reassembled when called to order by 
the Presiding Officer [Mr. Gorton].
  The PRESIDING OFFICER. The Presiding Officer, in his capacity as a 
Senator from the State of Washington, notes the absence of a quorum.
  The clerk will call the roll.
  The legislative assistant proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




               CONGRATULATING THE ST. PIUS DECATHLON TEAM

  Mr. DOMENICI. Mr. President, with the recent tragic events in 
Colorado, it's good for us to remind one another that there are a lot 
of terrific young people out there accomplishing great feats involving 
teamwork, academic study, and a lot of guts.
  That's why today I want to salute the St. Pius High School academic 
decathlon team from my hometown in Albuquerque, NM. The St. Pius 
students just finished in 7th place at the national academic decathlon 
finals in California. That's the best finish New Mexico young people 
have ever scored at the decathlon nationals.
  One of the St. Pius team members said it best about the contest. He 
said its the only competitive event in high school where your best 
chance of winning involves going home and reading a book.
  These outstanding young people were tested based on their knowledge 
and scholastic skills in fine art, music, history, economics, 
mathematics and literature.
  It is with great pride that I salute the St. Pius decathlon team and 
their accomplishments. Congratulations to team members Caleb Benton, 
Nicholas Jaramillo, Stephanie Piegzik, Dennis Carmody, Mark Mulder, 
Matt Spurgeon, Louis Rivera, Ben Sachs, Jesse Vigil and their coach 
James Penn.
  THE PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. DOMENICI. I thank the Chair.
  (The remarks of Mr. Domenici pertaining to the introduction of S. 925 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')

                          ____________________




                   THE FLAWED ENDANGERED SPECIES ACT

  Mr. DOMENICI. Mr. President, I rise today to share with my fellow 
Senators an extraordinary exchange that occurred last week in the 
Interior Appropriations Subcommittee when they were conducting a 
hearing under your chairmanship regarding the year 2000 budget for the 
Department of Interior.
  As some of you here may know, Secretary Babbitt and I, while both 
being from adjacent Western States, have not agreed on a lot of land 
management, water, and endangered species issues affecting the West. 
However, last Thursday a most unusual and enlightening thing took 
place. We both agreed that, regarding the impact of the Endangered 
Species Act on desert States like New Mexico, the current 
implementation of the law does not work.
  I ask unanimous consent Secretary Babbitt's testimony be printed in 
the Record. It is not yet an official record because the entire 
transcript has not been completed, but it is a literal translation of 
what he said that day.
  There being no objection, the testimony was ordered to be printed in 
the Record, as follows:

  DEPARTMENTS OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS FOR 
                            FISCAL YEAR 2000

                                 ______
                                 

                        THURSDAY, APRIL 22, 1999

         U.S. Senate, Subcommittee of the Committee on 
           Appropriations,
                                                   Washington, DC.
       The subcommittee met at 9:33 a.m., in room SD-124, the 
     Dirksen Senate Office Building, Hon. Slade Gorton (chairman 
     of the subcommittee) presiding. Present: Senators Gorton, 
     Stevens, Cochran, Domenici, Burns, Campbell and Byrd.


                      UNEDITED PARTIAL TRANSCRIPT

       Senator Gorton. Senator Campbell?
       Senator Campbell. Mr. Chairman, Senator Domenici has to--he 
     has another very tight commitment.
       Did you want to ask a question before I go?
       Senator Domenici. I would really ask if I could ask two 
     questions. I have to preside at a committee hearing at 10:00 
     o'clock, and I will be a little late to that.
       Senator Gorton. Fine, fine. Go ahead.
       Senator Domenici. Thank you.
       Mr. Secretary, I am going to submit some questions to you 
     with reference to the drought in the State of New Mexico, 
     which will essentially be asking you if you can make sure 
     there is a coordination of all of the federal agencies, some 
     under you, as to what might be done.
       We are--we are clearly--I do not know if you know this, but 
     we are destined this year to have the worst drought we have 
     ever had. Our rivers are going to run dry, and a lot of 
     things are going to happen that are very, very bad. And I 
     will ask you about that in detail.
       But now I wanT to raise an issue that is related to the 
     drought and share it with you with reference to the 
     Endangered Species Law, and I think you are aware of this.
       Mr. Secretary, New Mexico, like Arizona, is a very arid 
     state. Folks here in the Beltway are primarily unaware of the 
     critical needs for water out there in the West. We are very 
     grateful that you come from out there and you know about 
     these needs.
       With the lack of snow pack and precipitation in New Mexico, 
     we are going to have a drought. In fact, parts of the Rio 
     Grande River which you are familiar with, which historically 
     has gone dry at various times, may dry up as early as this 
     week, believe it or not.
       The traditional stresses of water users are only made more 
     difficult by litigation regarding the needs for the silver 
     minnow endangered species. A recent notice of intent to sue 
     by the Forest Guardians and others--that is an entity in New 
     Mexico--threatened to force the release of stored water in 
     any of Heron, El Vado, Abiquiu, and Cochiti Reservoirs to 
     maintain--quote, ``to maintain the riparian habitat 
     necessarily for the survival,'' of the silver minnow and the 
     willow flycatcher.
       I am concerned about water necessary for the survival of 
     New Mexico, our cities which use that water, our irrigators 
     which have--as you know, under our water system, they have 
     primacy as per the time they applied it to the ground, and 
     they own much of that water.
       In the lawsuit which sought to force immediate critical 
     habitat designation, you, as the Secretary of Interior, in 
     the lawsuit which I will make available to you, you argued 
     that the Department did not have the data necessary to 
     determine water amounts needed for the fish.

[[Page 7932]]

       Fish and Wildlife Service Director Rappaport-Clark stated 
     in an affidavit that: The Service must comply with NEPA 
     requirements and perform an economical analysis of the 
     impacts. The EIS would likely be needed which would require 
     more time for the habitat designation. The Environmental--the 
     ESA requires that the Service, when designating critical 
     habitat, take into consideration the economic impacts of 
     specifying any particular area as critical.
       I wonder if you would share with the committee, as soon as 
     you can, answers to the following questions, and if you could 
     answer them right now, it would be very helpful.
       Secretary Babbitt. I would be happy to. I would be happy 
     to.
       Senator Domenici. Without scientific data available for the 
     minnow, water needs, nor reliable economic analysis, will not 
     the Department need additional time to follow through and 
     find out what the needs are? You have stated that in the 
     lawsuit, but would you tell the committee if that is the 
     case?
       Secretary Babbit. Well, Senator, if I may----
       Senator Domenici. Please.
       Secretary Babbitt. I would like to step back and frame this 
     issue and then specifically answer your question.
       Senator Domenici. Sure.
       Secretary Babbitt. Senator, I do not think it is any secret 
     that we have not had much luck in our relationship in finding 
     common ground in New Mexico.
       Senator Domenici. No.
       Secretary Babbitt. But this is another tough problem being 
     served up, and let me just say that notwithstanding our 
     failures in the past, I intend to do everything I can to see 
     if we can work our way through this.
       Now, let me say this also: I believe that our failure to 
     work out a reasonable relationship is in some ways due to the 
     underlying fact that in New Mexico, more than any other 
     western state, including Alaska, Colorado, Montana and 
     Washington, these issues are characterized by intransigence 
     on both sides.
       I have never worked in an environment in which the natural 
     resource users have been so rigid and inflexible; and I would 
     say exactly the same thing of the environmental groups. Now, 
     it is in that context that we must deal with this problem.
       I have voiced my concerns about the way that we are 
     mandated to use the designation of critical habitat under the 
     Endangered Species Act. It does not work. It does not produce 
     good results. It should be modified, because the Courts are 
     driving us to front-end determinations which, more properly, 
     should be incorporated in recovery plans at the back end when 
     we, in fact, have the information.
       Now, the Courts have laid out a set of case decisions here 
     that have put us in a straitjacket. They are not going to 
     give us the kind of time we need because the Act does not 
     allow it. So that is just the bottom line.
       Doe we need more time? Yes. But the Endangered Species Act 
     does not give it to us. The Courts do not give it to us. And 
     we are going to proceed with declaring critical habitat. I 
     would prefer not to. It is a--it is not productive. It is 
     incendiary, and it will be in this case.
       Now, finally, let me say, and then I will back off, that I 
     believe that there are solutions available here. It is going 
     to take some movement by those middle ground irrigation 
     districts. They do not have a reputation for water use 
     efficiency. And there are many ways, I believe, that we could 
     work something out. They have not shown the flexibility that 
     we have found in other places, like in Eastern Washington, in 
     Colorado, and elsewhere.
       The environmentalists may, in fact, be making--not ``may, 
     in fact,'' but are, in fact, making some unreasonable demands 
     about their version of what the hydrology of the Rio Grande 
     Valley ought to be like.
       I would like to continue attempting the work. I have talked 
     with the Bureau of Reclamation. I believe we have some water 
     resources that are going to allow us to stagger through this 
     season, with a little bit of flexibility.
       Senator Domenici. Thank you very much.
       I know I used a lot of the Committee's time.
       But I compliment you on your statement, and--while I do not 
     necessarily agree with you characterization of my fellow New 
     Mexicans as being intransigent and the worst in America, as 
     you have just phrased it, but--but I do believe that 
     something is terribly bad in the way the Courts are handling 
     this situation because you have to close down a river to 
     users without knowing what the habitat--what the water is 
     needed for the--what water is needed for the endangered 
     species.
       It is an impossibility. Maybe we could fix that here. It 
     probably would bring the world down on our necks, even if we 
     tried to do what he suggested. But we ought to think about 
     that.
       Let me make sure that everybody understands the seriousness 
     of this problem. I grew up within eight blocks of this river. 
     And for many years of my younger days, I used to walk to this 
     river, and many times it was dry.
       So for those who are used to rivers in your state or in 
     Alaska that run all year long and were having arguments about 
     salmon fish habitat, we do not have that. We have a river 
     that, for much of the time, does not have any water in it.
       On the other hand, we built storage places that make it 
     better now. We do have more water, and we have a different 
     water system than most of you. Our water system is based 
     upon: The first one to use it and apply it to a beneficial 
     use owns it, and they own it as of the date they did it. And 
     they are valuable; you can sell those rights.
       Now, the problem we have is that the endangered species 
     comes along with litigants who know how to use the Courts, 
     and they say, regardless of those water rights, you have to 
     save the fish, the minnow.
       Now, the minnows have survived, I believe, during eras that 
     I have told you about. When there is no water running in the 
     river, they have survived in some other place in the river 
     where there is water.
       And now what we have is a drought and rivers that do not 
     always run wet, and we have at the worst possible time a 
     lawsuit against him and his Department saying, ``Create an 
     endangered species, Mr. Judge,'' and now ordering them to try 
     to get water out of the reclamation projects, even if they 
     have to dump our lakes that are there for irrigation purposes 
     and other things, to save the minnow.
       Now, that is a very frustrating position for a state to be 
     in, and for a Senator, when the Endangered Species Act is a 
     national law. And I do not know whether we want them to go to 
     court and see if they really have water rights under the 
     Endangered Species Law.
       That is a nice question. And everybody has been kind of 
     dancing around it, except for a couple of courts--you could 
     guess where--from California, California Circuit. They have 
     kind of ruled that they have water rights even though they 
     are not part of New Mexico's water ambiance at all.
       The Secretary is indicating that perhaps people have been 
     intransigent regarding their water rights. I can tell you 
     they may have been. But if you were under the gun all of the 
     time about whether you are going to have enough water even 
     though you own it, you would be kind of nervous about sharing 
     it with anybody.
       And I think that is kind of what happened, and then put on 
     the 800,000-population city which gets its water from an 
     underground aquifer that is fed by this river, and they own a 
     lot of water in order for their future, and you have a real 
     tough situation. So I may need the Senators' assistance.
       But I will tell you for now, Mr. Secretary, I hope you are 
     not alluding, in terms of intransigence, to your and my 
     difficulties earlier in your Secretarial term. They are 
     there, and they are acknowledged, and they will kind of be 
     wounds for a long time on both of us.
       But this is a new ball game with a new problem, and I 
     clearly intend to work with you if you will work with me to 
     see if we can find a way to get through this on a temporary 
     basis until we can fix it up in some permanent manner.
       Thank you very much.
       Senator Stevens. Senator, would you yield just for one 
     minute?
       Senator Domenici. I am finished. Thank you.
       Senator Stevens. My friend, I think that is the most 
     enlightened statement about the Endangered Species Act that I 
     have heard from any Administration official since that act 
     was passed, and I was here when it passed. And I am going to 
     get a copy of that, and I do believe that we can work on that 
     basis.

  Mr. DOMENICI. Secretary Babbitt's testimony could open the door to 
some changes in the Endangered Species Act and may permit all parties 
to work together. I am submitting, as I indicated, this unedited 
transcript from the hearing for the Record. The Secretary's remarks are 
very significant because they acknowledge that this law, however well 
intentioned, is not working as it should. I hope we can begin serious 
work on improving the Endangered Species Act, certainly as it applies 
to dry States where water is very much in demand and where we have an 
imposition on those waters by the Endangered Species Act as it is 
currently being implemented.
  Just last month I indicated that people and people's needs should 
come before the minnow, which is an endangered species in this 
particular Rio Grande river valley. I wrote a letter to editors of 
papers in our State, which appeared in multiple newspapers around New 
Mexico, saying it is now time to face the devastating impacts of laws 
such as the Endangered Species Act on people in a desert State like New 
Mexico, particularly in the area of water.
  I got some real arguments and some flak for writing that letter, but 
I also got some very enlightened commentary on the problems facing an 
arid

[[Page 7933]]

State, and I am pleasantly surprised to find that Secretary Babbitt has 
contributed to the debate in a very constructive way.
  New Mexico, my home State, is very dry. I have found that people 
within the beltway and in eastern America are unaware of the critical 
need for water in the West. With the lack of snow pack and 
precipitation in our State this year, we are facing a severe drought 
this summer. In fact, parts of the Rio Grande River, the largest river 
in our State, which runs from north to south and through the city of 
Albuquerque and many other communities, which has historically gone dry 
at times--this river is already drying up, even this early in the 
season.
  My discussion with Secretary Babbitt was extremely timely, since my 
office received a call this past weekend from the Fish and Wildlife 
representatives saying they were out trying to find out what was 
happening to the endangered silvery minnow in the dry stretches of the 
river.
  You see, the traditional tension among water users is not only 
exacerbated by litigation regarding the needs of the endangered silvery 
minnow, but also obviously exacerbated by all conflicting water needs 
when you are in a drought period.
  In a lawsuit filed by the Forest Guardians and Defenders of Wildlife, 
a recent 10th Circuit Court of Appeals decision ordered an immediate 
critical habitat designation for the Rio Grande silvery minnow. The 
practical effect of this determination is the fish may get too much of 
the limited water in the river and some human users may not get any.
  A Federal district judge in New Mexico allowed a few more months for 
the designation, but the lawsuit only dramatizes the growing conflict 
between the Federal Endangered Species Act and water for Rio Grande 
users. Secretary Babbitt agreed.
  I asked the Secretary whether the Interior Department had sufficient 
data to determine the true water needs to sustain the silvery minnow in 
the Rio Grande River in New Mexico or to make an accurate economic and 
social assessment of the critical habitat designation on existing water 
rights owners.
  In States like New Mexico, people actually own a proportionate share 
of the water in a river basin. All of those owners and their rights are 
predicated upon State law, which says if you put water to a beneficial 
use and continue to use it over time, you own the water rights that you 
have moved off the river and used. From the time you first applied 
water to beneficial use, you become a priority owner of the water as of 
that time.
  Secretary Babbitt replied that his Department does not have 
sufficient information, but it has no choice but to act because of 
Federal court orders.
  Secretary Babbitt stated that the Endangered Species Act does not 
work. He hoped that it could be modified to prevent court-ordered, 
unscientific, premature determinations. The courts need to give the 
Interior Department time to gather the data to develop a workable plan 
for habitat designation.
  He does not have that data necessary to make a valid, critical 
habitat designation, and the courts, in trying to follow the act, are 
not giving him the necessary time. He will be forced to proceed, 
perhaps, with declaring a habitat. He also said he felt that it will 
not be productive and will be very inflammatory.
  Litigation has only inflamed passions on both sides of this debate. 
In addition to the critical habitat litigation, a recent notice of 
intent to sue by the Forest Guardians and others threatens to force the 
release of stored water in any of four New Mexico reservoirs to 
``maintain the riparian habitat necessary for the survival'' of two 
endangered species.
  I am concerned about water necessary for the survival of New 
Mexicans, their well-being and way of life. I can only hope that the 
potential needs of this silvery minnow will not drain reservoirs which 
Albuquerque, Santa Fe, and many others depend on for their water.
  I do believe that something is terribly wrong when people who own 
rights to water have to forego usage or face penalties for ``taking'' 
of a species without knowing what amount of water is needed for that 
endangered species.
  Incidentally, Mr. President, I grew up in Albuquerque, and I lived 
within about eight city blocks of this Rio Grande River. I can tell 
you, as anyone who has lived in New Mexico for very long can assert, 
that river ran dry plenty of times. Historical data collected before 
the irrigation projects or large population increases along the river 
showed it dried up consistently in certain places. I am no biologist, 
but that minnow survived.
  I can assure you that the river water did not run down the entire 
length of the river from north to south, which is what some say we must 
do now for the survival of the silvery minnow.
  Mr. President, it really is upsetting when I understand that some 
data available indicates that the minnow ``needs'' more water than the 
Rio Grande can provide, even without consideration of the needs of 
human users. How can critical habitat be designated without the 
consideration of all users and their needs along the river, especially 
if they have property rights and own the water?
  Some irrigators may have to take their toothbrushes to work because 
they might be thrown in jail due to a ``take'' of fish that they have 
shared the wet and dry times with for many years.
  I care about including the silvery minnow. I care about making sure 
we try our best to save the silvery minnow. I support the intent of the 
Endangered Species Act. I actually was here to vote in favor of it, and 
I did. Today, I agree with Secretary Babbitt that it is broken and does 
not work. I do not think the problem is necessarily what we designed in 
the legislation, but I think the court interpretations have made it 
unworkable.
  Mr. President, I say to my colleagues, I know the mention of 
modifying the Endangered Species Act brings howls and scowls from some 
quarters, but I say to you today that it can and it must be improved. I 
am willing to work with my fellow Senators and the administration and 
those surrounding this issue on all sides to try to find some solutions 
to this problem, both nationally and for my State of New Mexico.
  Mr. President, I yield the floor.
  Mrs. MURRAY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, I ask unanimous consent to speak as in 
morning business for 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Thank you, Mr. President.

                          ____________________




                         MICROSOFT CORPORATION

  Mrs. MURRAY. Mr. President, I rise today to talk about an issue of 
great importance to Washington State and our country. I know it is an 
issue the Presiding Officer, the Senator from Washington, shares 
concern with me. There has been a lot of talk in recent months in the 
media and on the Senate floor about Microsoft and the Department of 
Justice. I want to take a few minutes today on the Senate floor and 
share a few of my thoughts on Microsoft.
  Recently, Microsoft's competitors and critics have portrayed 
Microsoft as a serious threat to the technology sector. I can speak 
from experience about Microsoft. The Microsoft I know is far different 
than the ruthless company that has been described in newspaper 
articles. My own professional and political career covers the 20-year 
period of Microsoft's growth from the first personal computers to 
today's innovative software programs which have spurred consumers and 
educators and students and the business community to the reinvention of 
their daily lives.
  Almost everyone is familiar with Microsoft and its products. Bill 
Gates and Paul Allen, the company's founders, had one vision in mind--
that one day every home and family would have a PC. It was an ambitious 
goal but one that seems more attainable every day. Through the years, 
the company has developed tremendous innovations in

[[Page 7934]]

the technology industry, but Microsoft is more than the product it 
makes. I want to take some time today to talk about the things 
Microsoft does to make the lives of everyone in our country better.
  I have spent most of my career as an advocate for education. I have 
traveled all across my State visiting schools and talking to students, 
parents, teachers, and local business leaders. I have worked hard to 
put computers into schools and train teachers in the use of technology 
and make sure that all children, no matter who they are or where they 
come from, has access to technology and the opportunities such skills 
and knowledge bring.
  If there is one thing I have learned, it is that providing a good 
education, if we want to do it, takes the involvement of everyone, and 
that is particularly true of businesses. Microsoft believes one of its 
most important goals is to build technology to empower teachers and 
families to make lifelong learning more dynamic, more powerful, and 
more accessible. To this end, Microsoft contributes more than a half 
billion dollars annually for education, workforce training, and access 
to technology programs.
  Microsoft is a leader in education technology. Through its connected 
learning community effort, they help students and educators and parents 
access technology, and through its ``Working Connections'' program, 
Microsoft supports technology training for underserved populations 
through the Nation's community college system. If we want our young 
people to compete for high paying technology jobs, we need to make sure 
they have the right skills.
  Microsoft is also a leader in addressing the technological gap in 
many communities across our country. The Gates Library Foundation 
grants provide public access to the Internet in underserved areas in 
both rural and urban settings. Their ongoing financial commitment to 
this effort is making a real difference for underserved populations and 
areas.
  I tell you these things today because I know firsthand of all the 
great things Microsoft and its employees are doing to bring new 
inventions and opportunities to American consumers.
  When a grandfather learns how to e-mail his grandchild and play a 
larger role in that child's life, I appreciate Microsoft's efforts on 
behalf of families. When a Washington State family finds work in the 
technology sector, I appreciate Microsoft's contribution to my State's 
economy. When a child discovers the Internet as an educational tool for 
the first time, I see a child filled with excitement, for learning and 
hope for the future, and I thank Microsoft for helping to make that 
possible. That is the Microsoft I see and that is the Microsoft I 
represent in the Senate.
  Now, we all know that high technology, and particularly the software 
business, is immensely competitive. Certainly, Microsoft, and all the 
other Washington high-tech firms, compete vigorously. That is the 
nature of these industries. Washington State has become a high-tech 
leader through hard work, a dedicated and creative workforce, and an 
unmatched quality of life.
  Microsoft has enjoyed immense success over the years and continues to 
grow at an impressive rate. This success has been hard fought, however, 
and has recently drawn the oversight of the Department of Justice.
  The Department of Justice has alleged consumer harm, but I have to 
ask: Where are the consumers who have been hurt? There is no consumer 
uproar over Microsoft or its business practices. Microsoft's business 
model--high volume, product sales at low prices--is both successful and 
proconsumer.
  Microsoft's consumer benefits are well understood by the American 
public. A recent nationwide poll conducted by Hart-Teeter found that 73 
percent of those polled believe Microsoft has benefited consumers, and 
69 percent of those individuals have a favorable impression of 
Microsoft.
  While those results do not surprise me, I was surprised to learn that 
66 percent of those polled believe that the Government should not be 
pursuing this case against Microsoft, and more than half of the 
respondents believe that this case represents a poor use of tax 
dollars.
  I have read the complaint filed by the Justice Department and I have 
followed the court proceedings in this case. I have seen how easy it 
might be to conclude, based on press reports, that Microsoft is faring 
poorly in the courtroom. The vigorous courtroom presentations during 
the trial have led to an aggressive public relations effort outside the 
courtroom. I think it is time for the parties in this case to move to a 
more productive dialogue.
  The judge in this trial has implored both sides to seek a settlement. 
And I agree. Microsoft and the Justice Department should do all they 
can to meet the judge's request. Both sides should be free to pursue a 
settlement in private and free from the influence of the public and 
their competitors. Settlement of this case will mean that consumers 
will continue to benefit from Microsoft's innovative products and the 
antitrust claims will be put to rest.
  At issue here is more than just the fate of Microsoft. The resolution 
of this trial will have broad implications on the software industry as 
a whole. Microsoft employs more than 30,000 people, including 15,000 
from my home State. The U.S. software industry employs more than 
600,000 people and enjoys an annual growth rate of 10 percent.
  The industry paid more than $36 billion in wages to U.S. employees in 
1996. Software and high-tech companies have been the driving force 
behind the economic expansion that we continue to experience here in 
the United States, and much of our economic future lies in these 
knowledge-based industries. We have to be cautious and thoughtful about 
Government intervention so that we do not stifle the economic promise 
that software and high-tech companies offer.
  Of course, we should not protect companies or guarantee profits and 
market share. But we--as legislators and as the Federal Government--
must be careful to correctly interpret the state of competition. My own 
view is competition is alive in this industry. Any tech company that 
rests on its current product line or stock price risks a quick and 
decisive downfall.
  While Microsoft is headquartered in Redmond, WA, my remarks are more 
than a defense of a constituent company. My concerns should be felt by 
every Senator on this floor.
  A recent piece in the Wall Street Journal offered the following 
passage:

       Dominant firms are the norm in high tech. TV ads boast that 
     virtually all internet traffic travels on Cisco systems. 
     Quicken has 80 percent of the financial-software market. 
     Netscape once boasted of having 90 percent of the browser 
     business. Intel still has 76 percent of the microprocessor 
     business. America Online, Lotus Notes and Oracle all dominate 
     their respective markets. Executives who work in such glass 
     offices should think twice before encouraging zealous 
     prosecutors and gullible reporters to define monopoly as a 
     large share of an artificially tiny market.

  The high-tech industry employs 4.5 million workers across this 
country. According to the American Electronics Association, 47 of the 
50 States added high-tech workers between 1994 and 1996. It is not just 
States such as Washington and California and Texas that are booming as 
a result of technology jobs. Georgia, Colorado, North Carolina, Oregon, 
Illinois, Virginia, Florida, and Utah are States that are experiencing 
phenomenal job growth in the tech sector.
  To maintain this impressive nationwide job growth in the technology 
sector, the Congress and the Federal Government must be careful. Let's 
not forget that most of this phenomenal growth occurred over the last 
decade when technology was not on either the Federal or congressional 
radar screen.
  Before yielding, let me reiterate the points that brought me to the 
floor today. I hope each of my colleagues will give serious 
consideration to these issues.
  Microsoft is a true Washington State and American success story that 
is still unfolding for the benefit of consumers, business and the 
general public. Microsoft has a particularly impressive record of 
community activism, and I am especially proud of the company's efforts 
in the area of education.

[[Page 7935]]

  The ongoing court case is of utmost interest and importance to me in 
the work I do in the Senate. I implore all parties to give the legal 
system an opportunity to work. Judge Jackson has urged both parties to 
seek a settlement, and I strongly encourage them to heed the judge's 
advice.
  Finally, the outcome of the Microsoft case will have long-term 
ramifications on our Nation's economy. Technology is growing rapidly, 
and we all know many technology jobs are high-paying, family-wage jobs. 
The United States is a technology superpower. The Federal Government 
must use its immense powers with care and caution in monitoring the 
technology sector. When the Federal Government interjects itself in 
this intensely competitive sector of our economy, it must ensure that 
it does not do serious damage to our economy.
  Mr. President, I again urge my colleagues to pay attention to the 
Microsoft case. I look forward to discussing this issue with my 
colleagues again on the floor of the Senate.

                          ____________________




                        EDUCATION AND CLASS SIZE

  Mrs. MURRAY. Mr. President, while I have the floor, I want to turn 
quickly to a different topic, and that is on the issue of education and 
class size.
  I know my colleagues have watched me come to the floor and talk 
numerous times about how important it is that we reduce class sizes in 
the grades of 1 through 3. I have talked about the research in this 
country which has shown that reducing class size makes a difference for 
our students.
  I ask unanimous consent to have printed in the Record a report from 
Tennessee that has just come out. It is called the Star Report.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                      [From the Project STAR News]

            Benefits of Small Classes Pay Off at Graduation


   project star finds small classes in K-3 linked to greater student 
  achievement, better grades, lower dropout rates, and higher college 
                              aspirations

       Washington, D.C.--A ground-breaking Tennessee-based class 
     size study has found that public school students placed in 
     small classes in grades K-3 continue to outperform students 
     in larger classes right through high school graduation.
       Researchers for Project STAR (Student/Teacher Achievement 
     Ratio)--whose earlier findings helped form the basis for 
     class size reduction in some 20 states--today reported that 
     students placed in small class sizes in grades K-3 have 
     better high school graduation rates, higher grade point 
     averages, and are more inclined to pursue higher education.
       ``This research adds to the evidence we have compiled over 
     the past 14 years,'' said Dr. Helen Pate-Bain, who convinced 
     the Tennessee state legislature to provide funding for the 
     initial STAR research. ``The project's findings indicate that 
     students placed in small classes in grades K-3 continue to 
     benefit from that experience in grades 4-12.''
       The original STAR research tracked the progress of an 
     average of 6,500 students each year in 79 schools between 
     1985 and 1989 (and 11,600 students overall). It found that 
     children who attended small classes (13-17 pupils per 
     teacher) in kindergarten through grade 3 outperformed 
     students in larger classes (22-25 pupils) in both reading and 
     math on the Stanford Achievement Test for elementary 
     students. The second phase of the STAR research found that 
     even after returning to larger classes in grade 4, STAR's 
     small class students continued to outperform their peers who 
     had been in larger class sizes.
       At a news conference held today at the National Press Club, 
     STAR researchers released a new wave of findings:
       Students in small classes are more likely to pursue 
     college: STAR students who attended small classes--and black 
     students in that group in particular--were more likely to 
     take the ACT or SAT college entrance exams, according to 
     Princeton University economist Dr. Alan B. Krueger, who 
     researched test data linked to the Project STAR database. 
     ``Attendance in small classes appears to have cut the black-
     white gap in the probability of taking college-entrance exam 
     by more than half,'' Krueger said.
       Small classes lead to higher graduation rates: Preliminary 
     data from participating STAR school districts in Tennessee 
     show that students in small classes were more likely to 
     graduate on schedule; they were less likely to drop out of 
     high school; and they were more likely to graduate in the top 
     25% of their classes, according to Dr. Jayne Boyd-Zaharias, a 
     STAR researcher since 1986. In addition. Boyd-Zaharias found 
     that small class students graduated with higher grade point 
     averages (GPAs) than regular class size students.
       Students in small classes achieve at higher levels: Three 
     other reearchers--Dr. Jeremy D. Finn, professor of education 
     at SUNY Buffalo, Susan B. Gerber of SUNY Buffalo, and Charles 
     M. Achilles, Ed.D., of Eastern Michigan University, together 
     with Boyd-Zaharias--released new findings showing that STAR 
     students who attended small classes in grades K-3 were 
     between 6 and 13 months ahead of their regular-class peers in 
     math, reading, and science in each of grades 4, 6, and 8. 
     ``Our analyses show that at least three years in a small 
     class are necessary in order for the benefits to be sustained 
     through later grades,'' wrote the researchers. ``Further, the 
     benefits of having been in a small class in the primary years 
     generally increase from grade to grade.''
       Class size is different from pupil/teacher ratio: Achilles, 
     one of the original STAR researchers, explained the 
     difference between class size (the number of students 
     assigned to a teacher) and pupil/teacher ratio (the total 
     number of students divided by the total number of educators 
     in a school). Many ``class size'' studies, he noted, have 
     relied on pupil/teacher ratios to make their case. The STAR 
     research is able to track students based on specific class 
     size. Achilles noted that some 20 states--including Michigan, 
     California, Nevada, Florida, Texas, Utah, Illinois, Indiana, 
     New York, Oklahoma, Iowa, Minnesota, Massachusetts, South 
     Carolina, and Wisconsin--have initiated or considered STAR-
     like class size reduction efforts.
       Teachers who taught small classes in Project STAR support 
     the program strongly.
       ``All educators instinctively know that the smaller the 
     class size, the more individual attention a teacher can 
     provide a student,'' said Sandy Heinrich, a teacher at 
     Granbery Elementary School in Davidson County, Tenn., who 
     taught first grade in the STAR program in 1986. ``The more 
     individual attention per student, the more learning and 
     personal growth each student can enjoy. I was fortunate 
     enough to witness this notion first-hand.''
       The STAR research is the only large-scale, long-term class 
     size research of its kind. Dr. Frederick Mosteller, a 
     professor of mathematical statistics at Harvard University, 
     said this about STAR in 1995: ``Because a controlled 
     education experiment (as distinct from a sample survey) of 
     this quality, magnitude, and duration is a rarity, it is 
     important that both educators and policymakers have access to 
     its statistical information and understand its 
     implications.''
       In fact, the STAR research provided support for federal 
     legislation that proposes to reduce class sizes by hiring 
     100,000 new teachers in grades K-3 nationwide.
       Last fall, Congress appropriated $1.2 billion in the FY 
     1999 federal budget as a ``down-payment'' on that 
     legislation, enough to hire approximately 30,000 teachers for 
     one year. Future funding will require congressional 
     authorization and additional annual appropriations. Pate-Bain 
     was scheduled to share the new STAR findings with a number of 
     education policy experts and Members of Congress later in the 
     day.

  Mrs. MURRAY. This is a report about a study that researchers in 
Tennessee began many years ago in relation to reduced class size in the 
first through third grades. They followed those young people all the 
way through to the point where they are now graduating this year.
  It is a very impressive study. It shows exactly what I have been 
debating on the floor of the Senate; and that is that students who are 
in smaller class sizes in the first through third grades are more 
likely to pursue college, have higher graduation rates, they achieve at 
higher levels, and it makes a difference in discipline.
  Mr. President, it seems to me that we have to get back to this issue. 
I urge all of my colleagues to take a second look and recognize that we 
can make a difference by continuing our support of class size reduction 
and teacher training here in the Senate.
  I ask unanimous consent that the 23 Senators on the list that I send 
to the desk be added as cosponsors to my bill, S. 564, the Class Size 
Reduction and Teacher Quality Act of 1999.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Thank you, Mr. President.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROBB. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.




                          ____________________


[[Page 7936]]


                         NUCLEAR WASTE STORAGE

  Mr. LOTT. Mr. President, more than 15 years ago, Congress directed 
the Department of Energy (DOE) to take responsibility for the disposal 
of nuclear waste created by commercial nuclear power plants and our 
nation's defense programs. Today, there are more than 100,000 tons of 
spent nuclear fuel that must be dealt with. Over a year has now passed 
since the DOE was absolutely obligated under the NWPA of 1982 to begin 
accepting spent nuclear fuel from utility sites. Today DOE is no closer 
in coming up with a solution. This is unacceptable. This is in fact 
wrong--so say the Federal Courts. The law is clear, and DOE must meet 
its obligation. If the Department of Energy does not live up to its 
responsibility, Congress will act.
  I am encouraged that Congressmen Bliley, Barton, Upton, and the rest 
of the House of Representatives have begun to address this issue. It is 
good to see a bipartisan effort for a safe, practical and workable 
solution for America's spent fuel storage needs. The proper storage of 
spent fuel is not a partisan issue --it is a safety issue. The solution 
being advanced is certainly more responsible than just leaving waste at 
105 separate power plants in 34 states all across the nation. There are 
29 sites which will reach their storage capacity by the end of this 
year.
  Where is DOE? Where is the solution? All of America's experience in 
waste management over the last twenty-five years of improving 
environmental protection has taught Congress that safe, effective waste 
handling practices entail using centralized, permitted, and controlled 
facilities to gather and manage accumulated waste.
  Mr. President, the management of used nuclear fuel should capitalize 
on this knowledge and experience. Nearly 100 communities have spent 
fuel sitting in their ``backyard,'' and it needs to be gathered and 
accumulated. This lack of a central storage capacity could very 
possibly cause the closing of several nuclear power plants. These 
affected plants produce nearly 20% of America's electricity. Closing 
these plants just does not make sense.
  Nuclear energy is a significant part of America's energy future, and 
must remain part of the energy mix. America needs nuclear power to 
maintain our secure, reliable, and affordable supplies of electricity. 
Nuclear power, at the same time, allows the nation to directly and 
effectively address increasingly stringent air quality requirements.
  Both the House and the Senate passed a bill in the 105th Congress to 
require the DOE to build this interim storage site in Nevada, but 
unfortunately this bill didn't complete the legislative process because 
of time constraints. We ran out of time. I challenge my colleagues in 
both chambers of the 106th Congress to get this environmental bill 
done. The citizens, in some 100 communities where fuel is stored today, 
challenge the Congress to act and get this bill done. The nuclear 
industry has already committed to the federal government about $15 
billion toward building the facility. In fact, the nuclear industry 
continues to pay about $650 million a year in fees for storage of spent 
fuel. It is time for the federal government to honor its commitment to 
the American people and the power community. It is time for the federal 
government to protect those 100 committees.
  To ensure that the federal government meets its commitment to states 
and electricity consumers, the 106th Congress must mandate completion 
of this program--a program that includes temporary storage, a site for 
permanent disposal, and a transportation infrastructure to safely move 
used fuel from plants to the storage facility.
  Mr. President, this federal foot dragging is unfortunate and 
unacceptable. Clearly, the only remedy to stopping these continued 
delays is timely action in the 106th Congress on this legislation. By 
moving this process, which must also include the work of the Senate, 
the House's work can be improved. Let's move forward and get this bill 
done.

                          ____________________




                       COMMENDING ABHISHEK GUPTA

  Mr. REID. Mr. President, I would like to take this opportunity to 
praise the outstanding accomplishments of a distinguished young man 
from Florida. At the age of 17, Abhishek Gupta has succeeded in making 
a greater contribution towards the alleviation of pain and suffering on 
a global scale than most people can boast of in a lifetime. Last 
November, Abhishek organized 9 other students and initiated a project 
designed to provide humanitarian relief to underprivileged citizens in 
his Southern Florida community and throughout the world.
  In a rare exemplification of compassion and determination, Abhishek, 
a junior at Phillips Exeter Academy in New Hampshire, created a non-
profit organization called ``Clothes, Food and Education for the Poor 
and Needy.'' Drawing on Abhishek's inspiration, this group worked 
toward the goal of raising $50,000 to provide crucial relief for 
numerous families about whom Abhishek had read in several local 
newspaper articles.
  Abhishek went to work lobbying corporate sponsors to pay for 
operational expenses, and entreating members of his community to help 
him meet his goal. Ultimately, he exceeded his own expectations by 
raising $60,000 in a matter of weeks. He channeled this money toward 
helping impoverished children in Southern Florida and victims of 
Hurricane Mitch in Central America.
  Mr. President, I have always believed that the most effective way to 
give charity is to give time--money comes second. I want to stress that 
Abhishek did not only formulate the infrastructure for raising such a 
lofty sum, he also spent part of his Christmas vacation accompanying a 
medical team to Honduras and Nicaragua in order to contribute 
personally. During his week in Central America, Abhishek helped 
administer food, clothing and medical supplies to the disaster victims, 
and provided direct medical aid to nearly 600 patients who were in dire 
need of treatment.
  ``Clothes, Food and Education for the Poor and Needy'' is continuing 
to collect donations for relief of the downtrodden, and I commend 
Abhishek Gupta for his dedication to such a worthy cause. It is rare 
that so young a citizen can play such a direct role in both reducing 
human pain and suffering, and providing inspiration to old and young 
alike.

                          ____________________




                       THE VERY BAD DEBT BOXSCORE

  Mr. HELMS. Mr. President, at the close of business yesterday, 
Wednesday, April 28, 1999, the federal debt stood at 
$5,598,229,787,052.49 (Five trillion, five hundred ninety-eight 
billion, two hundred twenty-nine million, seven hundred eighty-seven 
thousand, fifty-two dollars and forty-nine cents).
  One year ago, April 28, 1998, the federal debt stood at 
$5,512,794,000,000 (Five trillion, five hundred twelve billion, seven 
hundred ninety-four million).
  Five years ago, April 28, 1994, the federal debt stood at 
$4,564,295,000,000 (Four trillion, five hundred sixty-four billion, two 
hundred ninety-five million).
  Ten years ago, April 28, 1989, the federal debt stood at 
$2,756,668,000,000 (Two trillion, seven hundred fifty-six billion, six 
hundred sixty-eight million) which reflects a doubling of the debt--an 
increase of almost $3 trillion--$2,841,561,787,052.49 (Two trillion, 
eight hundred forty-one billion, five hundred sixty-one million, seven 
hundred eighty-seven thousand, fifty-two dollars and forty-nine cents) 
during the past 15 years.

                          ____________________




     SENATOR DAVID PRYOR--HELPING THE REFUGEES AND INSPIRING US ALL

  Mr. KENNEDY. Mr. President, our former colleague in the Senate from 
Arkansas, David Pryor, has a new mission, and I believe that all of us 
will be greatly inspired by his commitment and dedication.
  During the spring term this year, Senator Pryor has been a fellow at 
the Institute of Politics in the Kennedy School of Government at 
Harvard University. Last week, touched by the

[[Page 7937]]

tragic plight of the hundreds of thousands of refugees from Kosovo, he 
left for Tirana, Albania to be a volunteer with the International 
Rescue Committee, which is dedicated to easing the plight of the 
refugees.
  I commend our former colleague for the inspiring example he is 
setting of service to those most in need. His action clearly and deeply 
impressed his students at Harvard. An article in the Harvard Crimson 
last week reported his decision and his departure for Albania. I 
believe the article will be of interest to all of us in the Senate, and 
I ask unanimous consent that it be printed in the Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

               [From the Harvard Crimson, Apr. 21, 1999]

IOP Fellow Pryor Heads to Balkan States--Former Senator To Aid Kosovar 
                                Refugees

                          (By Alysson R. Ford)

       Since the NATO bombings of Yugoslavia began almost a month 
     ago, members of the Harvard community have expressed concern 
     about the plight of Kosovar refugees in peace vigils, panels, 
     and class discussions on Kosovo.
       But David Pryor--a spring term fellow at the Institute of 
     Politics (IOP) and a former U.S. senator and governor of 
     Arkansas--has taken his desire to help ease the refugee 
     crisis a few steps further.
       After notifying colleagues and students of his decision 
     Monday, Pryor departed yesterday for the Albanian capital of 
     Tirana as volunteer for the International Rescue Committee 
     (IRC).
       In a letter to Director of the IOP Alan K. Simpson, Pryor 
     expressed that he wanted to do something concrete for those 
     devastated by the conflict.
       Pryor wrote that he did not know exactly how he would help 
     the Kosovar refugees but added that he felt it was important 
     to offer his assistance.
       ``What I am doing is something I must do. I don't know 
     exactly where I will be, nor do I know what my assignment 
     will be, I just hope I can make a contribution--even though 
     small,'' Pryor wrote. ``I was too young for Hitler, too self-
     preoccupied for [the civil rights struggle in] Selma, and 
     this time I've got to do something.''
       Pryor estimated in his letter that he would be gone 30 to 
     60 days with the IRC, an organization created in 1933 to 
     assist victims who were fleeing from Nazi Germany. The group 
     has been in the Balkans since 1991, according to Edward P. 
     Bligh, IRC vice president of communications.
       Most recently, the IRC has sent volunteers and aid to 
     Albania and Macedonia to help the refugees who have been 
     streaming out of Kosovo. The group is helping to shelter 
     refugees and develop water supplies and sanitary facilities. 
     It also provides medical services and has special programs 
     for children, Bligh said.
       Pryor also wrote in his letter that the IRC volunteers had 
     inspired him.
       ``To be able to watch and know these gallant, and yes, 
     believing, young men and women who want to serve restores 
     faith and binds our hopes together,'' Pryor wrote.
       But those who know Pryor said he is the one providing 
     inspiration to others.
       ``Here's a man that has dedicated his life to serving the 
     people of Arkansas [and] the people of the U.S.,'' said IOP 
     fellow and former South Carolina governor David Beasley. ``He 
     makes us proud to be American, and he inspires us all.''
       Simpson spoke of the positive example that Pryor is 
     setting, particularly to the often-cynical students he sees 
     on campus.
       ``When [students] look around cynically at politicians and 
     those looking only to serve themselves, they'll remember 
     David Pryor [as a positive example],'' Simpson said.
       Pryor taught a study group at the IOP this semester called 
     ``Everything (Well Almost) You Ever Wanted To Know About 
     Winning and Holding Public Office But Were Afraid to Ask.''
       Students who know Pryor said they were impressed by his 
     commitment to helping others.
       ``For this 65-plus-year-old, former U.S. senator to just 
     decide to go off to Albania . . . I think it really 
     exemplifies the kind of person he is and the kind of senator 
     he was,'' said Eugene Krupitsky '02, one of Pryor's study 
     group liaisons.
       ``It was just amazing to think of this individual just 
     leaving the IOP early to go do community action. It's 
     exemplary that he is bridging the gap between politics and 
     community service,'' he added.
       In his letter, Pryor wrote of a friend from his home state 
     who has a sign painted on the side of his truck that says, 
     ``When you wake up, get up, and when you get up, do 
     something.''
       ``That's what I intend to do,'' Pryor wrote. ``I'm going to 
     go over and do something.''

                          ____________________




      COMBINED SEWER OVERFLOW CONTROL AND PARTNERSHIP ACT OF 1999

  Ms. SNOWE. Mr. President, I rise today in support of the Smith-Snowe 
Combined Sewer Overflow Control and Partnership Act of 1999. If 
enacted, this bill will eliminate or appropriately control combined 
sewer overflow (CSO) discharges in this country by the year 2010. This 
legislation will also help ratepayers in at least 53 communities 
throughout the state of Maine and over 1,000 other communities around 
the country. Presently, over 43 million people in the U.S. are 
incurring the high costs of trying to overcome the problem of combined 
sewer overflows because of the lack of federal statute and funding to 
meet federal sewage treatment mandates for these CSO communities.
  Mr. President, CSOs are by far the single largest public works 
project in the history of almost every CSO community. When the Maine 
Municipal Association members met with me last month, they informed me 
of communities where people are facing paying more in sewer rates than 
they will owe in property taxes. This, to me, is unacceptable.
  Most, but not all, of the combined sewer systems are located 
primarily in the Northeast and Great Lakes areas where sewer lines and 
stormwater collection systems were first constructed in the 1800s and 
early 1900s. Typically, sewer lines designated to carry raw sewage from 
urban residential areas and business were laid first. These were 
followed by stormwater drainage systems designed to collect rainwater 
during storms to reduce or eliminate urban flooding. In many cases, 
sewer lines and stormwater conduits were connected into a combined 
sewer, which served as a single collection system to transport both 
sewage and stormwater. Eleven states in the two geographic areas of New 
England and the Great Lakes account for 85 percent of the water-quality 
problems attributed to CSOs nationwide.
  Sewer overflow problems arise mainly during wet weather, causing an 
overload of the systems, and the untreated or partially treated waste 
water discharges through combined sewer overflow outfalls into 
receiving waters such as rivers, lakes, estuaries and bays. The CSOs 
are the last remaining discharges from a point, or known, source of 
untreated or partially treated sewage into the nation's waters.
  The federal government has been long on regulation and short on 
financial assistance. The CSO problem was first addressed when Congress 
revisited the Federal Water Pollution Control Act, better known as the 
Clean Water Act, almost three decades ago. The subsequent Clean Water 
Act Amendments of 1972 established the fundamental principles and 
objectives of a national wastewater management policy. To implement 
these goals, a national program was created to regulate the discharge 
of pollutant into surface waters, the National Pollutant Discharge 
Elimination System, or NPDES. This system required outfalls for 
industrial process waste and sewage from municipal treatment plants. 
Individual states were allowed to assume responsibility for the 
administration of NPDES once their permitting processes were approved 
by the EPA.
  Maine and 37 other states operate EPA-approved NPDES permitting 
programs. The law requires that state water-quality standards be 
consistent with federal policy, but, if necessary to achieve the act's 
objectives, states are allowed to impose water-quality standards more 
stringent than those required by federal regulations.
  Section 10(a)(4) of the CWA Amendments of 1972 explicitly linked the 
achievement of national water-quality goals to federal financial 
assistance for municipalities affected by the new mandate by creating 
the Construction Grants Program (CGP) that provided subsidies for the 
construction of publicly owned treatment works. In Section 516(b), the 
EPA was charged with administering the program, and was required to 
develop biennial estimates of the cost of construction of all needed 
publicly owned treatment works in each of the States.
  In the past, federal funds have paid for as much as 75 percent of the 
construction costs for water treatment

[[Page 7938]]

and sewage facilities. In recent years, federal contributions have been 
limited to low interest loans rather than grants, through a revolving 
loan fund (SRF), and local ratepayers and taxpayers bear the burden of 
rehabilitating, upgrading and for operating costs. It is clear that 
more federal funding assistance is needed so that CSO communities can 
be given policy and financial tools with which to handle their ongoing 
CSO problem of sewer overflows into our rivers and bays.
  The Smith-Snowe CSO bill amends the Clean Water Act and addresses the 
problems faced by such CSO cities and towns, 45 in my state alone. The 
purpose of the bill is to move forward with technology-based controls 
that are the most cost effective and to make sure communities do not 
put in controls that are not actually needed. The bill seeks to codify 
the Environmental Protection Agency's rational approach to CSO control, 
its ``CSO Policy of April, 1994''. Codification is necessary since the 
implementation of EPA's CSO policy has been inadequate to date.
  The bill also provides congressional approval of the inclusion of 
realistic water quality standards compliance schedules for CSO control 
in permits and other enforceable documents issued as called for in the 
1994 EPA Control Policy.
  Initiation of the water quality standards/designated use review and 
revision process called for in EPA's Control Policy must also occur 
before requiring long-term CSO control plan implementation. The 
guidelines that the EPA is currently developing to assist communities 
for implementing measures for the control of CSOs are only just that, 
guidelines, and could potentially be changed after a community has 
spent hundreds of thousands of dollars following them. CSO communities 
need certainty, not changing guidelines after costly measures have 
already been taken.
  The bill also authorizes federal grant funding assistance for CSO 
communities to implement long term CSO controls.
  The problem of CSOs has been a long standing issue Mr. President, for 
which I cosponsored similar legislation in the House in the 102nd 
Congress. The CSO problem is not going to go away, but only become a 
bigger financial burden for our CSO communities.
  I want to thank my colleagues who have agreed to cosponsor the Smith-
Snowe CSO bill and urge those not yet cosponsoring to join us in 
support of this much needed legislation.

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 1:11 p.m., a message from the House of Representatives, delivered 
by one of its reading clerks, Mr. Hanrahan, announced that the House 
has passed the following bill, in which it requests the concurrence of 
the Senate:

       H.R. 1569. An act to prohibit the use of funds appropriated 
     to the Department of Defense from being used for the 
     deployment of ground elements of the United States Armed 
     Forces in the Federal Republic of Yugoslavia unless that 
     deployment is specifically authorized by law.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, which were referred 
as indicated:

       EC-2741. A communication from the Deputy Archivist, 
     National Archives and Records Administration, transmitting, 
     pursuant to law, the report of a rule entitled ``Researcher 
     registration and research room procedures'' (RIN3095-AA69), 
     received April 26, 1999; to the Committee on Governmental 
     Affairs.
       EC-2742. A communication from the Director, Office of 
     Personnel Management, transmitting a draft of proposed 
     legislation entitled ``Federal Employees' Benefits Equity Act 
     of 1999''; to the Committee on Governmental Affairs.
       EC-2743. A communication from the Chairman, United States 
     Parole Commission, Department of Justice, transmitting, 
     pursuant to law, the annual report for 1998; to the Committee 
     on Governmental Affairs.
       EC-2744. A communication from the Executive Director, 
     Committee for Purchase from People who are Blind or Severely 
     Disabled, transmitting, pursuant to law, the report of a rule 
     relative to the procurement list, received April 20, 1999; to 
     the Committee on Governmental Affairs.
       EC-2745. A communication from the Executive Director, 
     Committee for Purchase from People who are Blind or Severely 
     Disabled, transmitting, pursuant to law, the report of a rule 
     relative to the procurement list, received April 7, 1999; to 
     the Committee on Governmental Affairs.
       EC-2746. A communication from the President and Chief 
     Executive Officer, Overseas Private Investment Corporation, 
     transmitting, pursuant to law, the annual management report 
     for fiscal year 1998; to the Committee on Governmental 
     Affairs.
       EC-2747. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the annual 
     report for fiscal years 1997 and 1998; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-2748. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``The Sixth Triennial Report to Congress on Drug 
     Abuse and Addiction Research'', dated November, 1998; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-2749. A communication from the Board Members, United 
     States of America Railroad Retirement Board, transmitting, a 
     draft of proposed legislation amending the Railroad 
     Retirement Act; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-2750. A communication from the Deputy Executive Director 
     and Chief Operating Officer, Pension Benefit Guaranty 
     Corporation, transmitting, pursuant to law, the report of a 
     statement of policy entitled ``Use of Alternative Dispute 
     Resolution''; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-2751. A communication from the Deputy Executive Director 
     and Chief Operating Officer, Pension Benefit Guaranty 
     Corporation, transmitting, pursuant to law, the report of a 
     rule entitled ``Allocation of Assets in Single-Employer 
     Plans; Interest Assumptions for Valuing Benefits'' received 
     April 9, 1999; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-2752. A communication from the President, United States 
     Institute of Peace, transmitting, pursuant to law, the report 
     of the audit for fiscal year 1998; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-2753. A communication from the Secretary of Health and 
     Human Services and the Secretary of Labor, transmitting 
     jointly, a draft of proposed amendments to the Older 
     Americans Act of 1965; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-2754. A communication from the Assistant General 
     Counsel, Division of Regulatory Services, Office of 
     Postsecondary Education, Department of Education, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Regulation--Gaining Early Awareness and Readiness for 
     Undergraduate Programs'' (RIN1840-AC59), received April 12, 
     1999; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2755. A communication from the Assistant General Counsel 
     for Regulations, Office of Elementary and Secondary 
     Education, Department of Education, transmitting, pursuant to 
     law, the report of a rule entitled ``Notice of Final Funding 
     Priorities for Fiscal Year 1999 under the Native Hawaiian 
     Curriculum Development, Teacher Training, and Recruitment 
     Program'', received April 12, 1999; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-2756. A communication from the Assistant General Counsel 
     for Regulations, Office of Postsecondary Education, 
     Department of Education, transmitting, pursuant to law, the 
     report of a rule entitled ``Final Regulations--Federal Family 
     Education Loan Program'' (RIN1840-AC57), received April 12, 
     1999; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2757. A communication from the Assistant General Counsel 
     for Regulations, Special Education & Rehabilitative Services, 
     Department of Education, transmitting, pursuant to law, the 
     report of a rule entitled ``National Institute on Disability 
     & Rehabilitative Research'' (84.133A & 84.133B), received 
     April 13, 1999; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-2758. A communication from the Deputy Director, 
     Regulations Policy and Management Staff, Office of Policy, 
     Food and Drug Administration, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Mutual Recognition of Pharmaceutical Good 
     Manufacturing Practice Inspection Reports, Medical Device 
     Quality System Audit Reports, and Certain Medical Device 
     Product Evaluation Reports Between the United States and the 
     European Community: Correction'' (RIN0910-ZA11), received 
     April 9, 1999; to the Committee on Health, Education, Labor, 
     and Pensions.
       EC-2759. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Medical 
     Devices; Exemptions from Premarket Notification; Class II 
     Devices'', received April 6, 1999; to the Committee on 
     Health, Education, Labor, and Pensions.

[[Page 7939]]


       EC-2760. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Over-the-
     Counter Drug Products Containing Analgesic/Antipyretic Active 
     Ingredients for Internal Use; Required Alcohol Warning--Final 
     Rule'' (Docket No. 77N-094W), received April 12, 1999; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-2761. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Medical 
     Devices; Retention in Class III and Effective Date of 
     Requirement for Premarket Approval for Three Preamendment 
     Class III Devices'' (98N-0405), received April 19, 1999; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-2762. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Medical 
     Devices; Effective Date of Requirement for Premarket Approval 
     for Three Class III Preamendments Physical Medicine Devices'' 
     (98N-0467), received April 19, 1999; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-2763. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Quality 
     Mammography'' (98N-0728), received April 29, 1999; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-2764. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Over-the-
     Counter Human Drugs; Labeling Requirements; Corrections'' 
     (RIN0910-AA79), received April 19, 1999; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-2765. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Secondary 
     Direct Food Additives Permitted in Food for Human 
     Consumption; Sulphopropyl Cellulose'', received April 19, 
     1999; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2766. A communication from the Director, Regulations 
     Policy and Management, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Indirect 
     Food Additives: Adjuvants, Production Aids and Sanitizers'', 
     received April 12, 1999; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-2767. A communication from the Under Secretary for 
     Export Administration, Department of Commerce, transmitting, 
     pursuant to law, a report relative to various export 
     licenses; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2768. A communication from the Under Secretary for 
     Export Administration, Department of Commerce, transmitting, 
     pursuant to law, a report relative to various export 
     controls; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2769. A communication from the Managing Director, Office 
     of General Counsel, Federal Housing Finance Board, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Prohibition on Payment of Fee in Lieu of Mandatory Excess 
     Capital Stock Redemption'' (RIN3069-AA83), received April 9, 
     1999; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2770. A communication from the Managing Director, Office 
     of General Counsel, Federal Housing Finance Board, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Collateral Eligible to Secure Federal Home Loan Bank 
     Advances'' (RIN3069-AA77), received April 13, 1999; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-2771. A communication from the President, transmitting, 
     pursuant to law, a report concerning the national emergency 
     with respect to Angola; to the Committee on Banking, Housing, 
     and Urban Affairs.
       EC-2772. A communication from the Chairman, National Credit 
     Union Administration, transmitting, pursuant to law, the 
     annual report for calendar year 1998; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-2773. A communication from the President and Chairman, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, a report relative to exports to Tunisia; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-2774. A communication from the Secretary, Security and 
     Exchange Commission, transmitting, pursuant to law, the 
     report of amendments to a rule entitled ``Deregistration of 
     Certain Registered Investment Companies'' (RIN3235-AG29) and 
     Form N-8F and Rule 8f-1, received April 19, 1999; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-2775. A communication from the Executive Director, 
     Presidential Advisory Commission on Holocaust Assets in the 
     United States, transmitting a draft of proposed legislation 
     relative to the Commission; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2776. A communication from the Chairman, Federal 
     Financial Institutions Examination Council, transmitting, 
     pursuant to law, the annual report for 1998; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-2777. A communication from the Legislative and 
     Regulatory Activities Division, Comptroller of the Currency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Risk-Based Capital Standards: Market Risk'', received April 
     15, 1999; to the Committee on Banking, Housing, and Urban 
     Affairs.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. HATCH, from the Committee on the Judiciary, without 
     amendment and with a preamble:
       S. Res. 22. A resolution commemorating and acknowledging 
     the dedication and sacrifice made by the men and women who 
     have lost their lives serving as law enforcement officers.
       S. Res. 29. A resolution to designate the week of May 2, 
     1999, as ``National Correctional Officers and Employees 
     Week.''
       S. Res. 33. A resolution designating May 1999 as ``National 
     Military Appreciation Month.''
       S. Res. 72. A resolution designating the month of May in 
     1999 and 2000 as ``National ALS Awareness Month.''
       By Mr. HATCH, from the Committee on the Judiciary, without 
     amendment:
       S. 39. A bill to provide a national medal for public safety 
     officers who act with extraordinary valor above the call of 
     duty, and for other purposes.
       S. 322. A bill to amend title 4, United States Code, to add 
     the Martin Luther King Jr. holiday to the list of days on 
     which the flag should especially be displayed.
       By Mr. HATCH, from the Committee on the Judiciary, with an 
     amendment in the nature of a substitute:
       S. 704. A bill to amend title 18, United States Code, to 
     combat the overutilization of prison health care services and 
     control rising prisoner health care costs.
       By Mr. HATCH, from the Committee on the Judiciary, without 
     amendment:
       S.J. Res. 14. A joint resolution proposing an amendment to 
     the Constitution of the United States authorizing Congress to 
     prohibit the physical desecration of the flag of the United 
     States.

                          ____________________




                    EXECUTIVE REPORTS OF A COMMITTEE

  The following executive reports of a committee were submitted:

       By Mr. WARNER, for the Committee on Armed Services:
       Brian E. Sheridan, of Virginia, to be an Assistant 
     Secretary of Defense.
       Lawrence J. Delaney, of Maryland, to be an Assistant 
     Secretary of the Air Force.

  (The above nominations were reported with the recommendation that 
they be confirmed, subject to the nominees' commitment to respond to 
requests to appear and testify before any duly constituted committee of 
the Senate.)

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C, section 601:

                        To be lieutenant general

     Maj. Gen. Donald G. Cook.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Lance W. Lord.

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                 To be brigadier general, Dental Corps

     Col. Kenneth L. Farmer, Jr.

       The following named officer for appointment in the United 
     States Army to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                             To be general

     Lt. Gen. John G. Coburn.

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                 To be brigadier general, Medical Corps

     Col. Joseph G. Webb, Jr.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

[[Page 7940]]

                        To be lieutenant general

     Maj. Gen. Leslie F. Kenne.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Ronald T. Kadish.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                             To be general

     Gen. Ralph E. Eberhart.

       The following named officer for appointment as Vice Chief 
     of Staff, United States Air Force, and appointment to the 
     grade indicated while assigned to a position of importance 
     and responsibility under title 10, U.S.C., sections 601 and 
     8034:

                             To be general

     Lt. Gen. Lester L. Lyles.

       The following named officer for appointment as Assistant 
     Surgeon General and Chief of the Dental Corps, United States 
     Army, and for appointment to the grade indicated under title 
     10, U.S.C., section 3039:

                          To be major general

     Brig. Gen. Patrick D. Sculley.

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Rear Adm. Thomas R. Wilson.

       The following Air National Guard of the United States 
     officer for appointment in the Reserve of the Air Force to 
     the grade indicated under title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Ronald J. Bath.

  (The above nominations were reported with the recommendation that 
they be confirmed.)
  Mr. WARNER. Mr. President, for the Committee on Armed Services, I 
report favorably nomination lists which were printed in the Records of 
March 2, 18, 22, April 13, 15, 20 and 21, 1999, and ask unanimous 
consent, to save the expense of reprinting on the Executive Calendar, 
that these nominations lie at the Secretary's desk for the information 
of Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.

       In the Air Force nominations beginning *Husam S. Nolan, and 
     ending James H. Walker, which nominations were received by 
     the Senate and appeared in the Congressional Record of March 
     18, 1999
       In the Army nominations beginning Thomas M. Johnson, and 
     ending *Anthony P. Risi, which nominations were received by 
     the Senate and appeared in the Congressional Record of March 
     18, 1999
       In the Army nominations beginning Randall F. Cochran, and 
     ending *Regina K. Draper, which nominations were received by 
     the Senate and appeared in the Congressional Record of March 
     18, 1999
       In the Army nominations beginning Alfred C. Faber, Jr., and 
     ending Edward L. Wright, which nominations were received by 
     the Senate and appeared in the Congressional Record of March 
     18, 1999
       In the Army nominations beginning Dale F. Becker, and 
     ending John F. Stoley, which nominations were received by the 
     Senate and appeared in the Congressional Record of March 18, 
     1999
       In the Marine Corps nomination Harold E. Poole, Sr., which 
     was received by the Senate and appeared in the Congressional 
     Record of March 18, 1999
       In the Navy nomination of Leo J. Grassilli, which was 
     received by the Senate and appeared in the Congressional 
     Record of March 18, 1999
       In the Air Force nominations beginning Robert J. Vaughn, 
     and ending Todd B. Silverman, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     March 22, 1999
       In the Air Force nominations beginning Gerald F. Bunting 
     Blake, and ending Jeffery A. Renshaw, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 22, 1999
       In the Navy nominations beginning Clifford A. Anderson, and 
     ending Stephen G. Young, which nominations were received by 
     the Senate and appeared in the Congressional Record of March 
     22, 1999
       In the Marine Corps nomination of Timothy W. Foley, which 
     was received by the Senate and appeared in the Congressional 
     Record of April 15, 1999
       In the Air Force nomination of Jerry A. Cooper, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Air Force nomination of Thomas A. Drohan, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Air Force nominations beginning Harvey J. U. Adams, 
     Jr., and ending David J. Zupi, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Air Force nominations beginning Ronald G. Adams, and 
     ending Walter H. Zimmer, which nominations were received by 
     the Senate and appeared in the Congressional Record of April 
     20, 1999
       In the Army nomination of Stephen K. Siegrist, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nomination of David A. Mayfield, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nominations beginning John D. Knox, and ending 
     David M. Shublak, which nominations were received by the 
     Senate and appeared in the Congressional Record of April 20, 
     1999
       In the Army nomination of Francisco J. Dominguez, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nomination of Japhet C. Rivera, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nomination of Roy T. McCutcheon, III, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nominations beginning Joseph I. Smith, and 
     ending Sara J. Zimmer, which nominations were received by the 
     Senate and appeared in the Congressional Record of April 20, 
     1999
       In the Marine Corps nomination of Kenneth C. Cooper, which 
     was received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Marine Corps nominations beginning Francis X. 
     Bergmeister, and ending Kenneth P. Myers, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Marine Corps nominations beginning Seth D. Ainspac, 
     and ending James B. Zientek, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     April 20, 1999
       In the Marine Corps nominations beginning Robert S. Abbott, 
     and ending Steven M. Zotti, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     April 20, 1999
       In the Navy nominations beginning Brian L. Kozkil, and 
     ending Stephen M. Wilson, which nominations were received by 
     the Senate and appeared in the Congressional Record of April 
     20, 1999
       In the Navy nomination of Melvin D. Newman, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Navy nomination of Scott R. Hendren, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 20, 1999
       In the Army nominations beginning Paul C. Proffitt, and 
     ending Michael D. Zabrzeski, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     April 21, 1999

  (The nominations ordered to lie on the Secretary's desk were printed 
in the Records of the above dates, at the end of the Senate 
proceedings.)

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second time by unanimous consent, and referred as indicated:

           By Mr. CONRAD (for himself, Mr. Nickles, Mr. Inouye, 
             Mr. Rockefeller, and Mr. Harkin):
       S. 909. A bill to provide for the review and classification 
     of physician assistant positions in the Federal Government, 
     and for other purposes; to the Committee on Governmental 
     Affairs.
           By Mr. CRAIG:
       S. 910. A bill to streamline, modernize, and enhance the 
     authority of the Secretary of Agriculture relating to plant 
     protection and quarantine, and for other purposes; to the 
     Committee on Agriculture, Nutrition, and Forestry.
           By Mr. GRAMS:
       S. 911. A bill to amend title XVIII of the Social Security 
     Act to ensure medicare reimbursement for certain ambulance 
     services, and to improve the efficiency of the emergency 
     medical system, and for other purposes; to the Committee on 
     Finance.
           By Mr. KYL (for himself, Mrs. Hutchison, Mr. Domenici, 
             Mr. McCain, Mr. Gramm, Mr. Bingaman, Mr. Hollings, 
             Mr. Abraham and Mrs. Feinstein):
       S. 912. A bill to modify the rate of basic pay and the 
     classification of positions for certain United States Border 
     Patrol agents, and for other purposes; to the Committee on 
     the Judiciary.
           By Ms. COLLINS (for herself and Ms. Snowe):
       S. 913. A bill to require the Secretary of Housing and 
     Urban Development to distribute funds available for grants 
     under title

[[Page 7941]]

     IV of the Stewart B. McKinney Homeless Assistance Act to help 
     ensure that each State received not less than 0.5 percent of 
     such funds for certain programs, and for other purposes; to 
     the Committee on Banking, Housing, and Urban Affairs.
           By Mr. SMITH of New Hampshire (for himself, Ms. Snowe, 
             Mr. Warner, Mr. Voinovich, Ms. Collins, Mr. Abraham, 
             Mr. Robb, Mr. Hagel, and Mr. Lugar):
       S. 914. A bill to amend the Federal Water Pollution Control 
     Act to require that discharges from combined storm and 
     sanitary sewers conform to the Combined Sewer Overflow 
     Control Policy of the Environmental Protection Agency, and 
     for other purposes; to the Committee on Environment and 
     Public Works.
           By Mr. GRAMM (for himself, Mrs. Hutchison, Mr. Mack, 
             and Mr. Coverdell):
       S. 915. A bill to amend title XVIII of the Social Security 
     Act to expand and make permanent the medicare subvention 
     demonstration project for military retirees and dependents; 
     to the Committee on Finance.
           By Mr. GRAMS (for himself, Mr. Feingold, Mr. 
             Fitzgerald, Mr. Abraham, Mr. Kohl, Mr. Hagel, Mr. 
             Durbin, Mr. Allard, Mr. Craig, Mr. Conrad, and Mr. 
             Wellstone):
       S. 916. A bill to amend the Agricultural Market Transition 
     Act to repeal the Northeast Interstate Dairy Compact 
     provision; to the Committee on Agriculture, Nutrition, and 
     Forestry.
           By Mr. GRAMS (for himself and Mr. Feingold):
       S. 917. A bill to equalize the minimum adjustments to 
     prices for fluid milk under milk marketing orders; to the 
     Committee on Agriculture, Nutrition, and Forestry.
           By Mr. KERRY (for himself, Mr. Bond, Mr. Bingaman, Ms. 
             Landrieu, Mr. Harkin, Mr. Lieberman, Mr. Wellstone, 
             Mr. Kohl, Mr. Burns, Mr. Robb, Mr. Edwards, Mr. 
             Levin, Mr. Graham, Ms. Snowe, Mr. Akaka, Mrs. Murray, 
             Mr. Cleland, Mr. Kennedy, Mr. Jeffords, Ms. Collins, 
             Mr. Abraham, Mr. Leahy, Mr. Baucus, Mr. Kerrey, Mr. 
             Grassley, Mr. Moynihan, Mrs. Lincoln, Mr. Bayh, Mr. 
             Chafee, Mr. Lautenberg, Mr. Cochran, and Mr. 
             Daschle):
       S. 918. A bill to authorize the Small Business 
     Administration to provide financial and business development 
     assistance to military reservists' small business, and for 
     other purposes; to the Committee on Small Business.
           By Mr. DODD (for himself, Mr. Lieberman, Mr. Kerry, and 
             Mr. Kennedy):
       S. 919. A bill to amend the Quinebaug and Shetucket Rivers 
     Valley National Heritage Corridor Act of 1994 to expand the 
     boundaries of the Corridor; to the Committee on Energy and 
     Natural Resources.
           By Mrs. HUTCHISON (for herself, Mr. McCain, Mr. 
             Hollings, and Mr. Inouye):
       S. 920. A bill to authorize appropriations for the Federal 
     Maritime Commission for fiscal years 2000 and 2001; to the 
     Committee on Commerce, Science, and Transportation.
           By Mr. ABRAHAM (for himself, Mr. McCain, and Mr. Lott):
       S. 921. A bill to facilitate and promote electronic 
     commerce in securities transactions involving broker-dealers, 
     transfer agents and investment advisers; to the Committee on 
     Banking, Housing, and Urban Affairs.
           By Mr. ABRAHAM (for himself and Mr. Hollings):
       S. 922. A bill to prohibit the use of the ``Made in the 
     USA'' label on products of the Commonwealth of the Northern 
     Mariana Islands and to deny such products duty-free and 
     quota-free treatment; to the Committee on Finance.
           By Mr. SMITH of Oregon (for himself, Mr. Thomas, and 
             Mr. Brownback):
       S. 923. A bill to promote full equality at the United 
     Nations for Israel; to the Committee on Foreign Relations.
           By Mr. NICKLES (for himself, Ms. Landrieu, Mr. 
             Murkowski, Mr. Domenici, and Mrs. Hutchison):
       S. 924. A bill entitled the ``Federal Royalty Certainty 
     Act''; to the Committee on Energy and Natural Resources.
           By Mr. DOMENICI:
       S. 925. A bill to require the Secretary of the military 
     department concerned to reimburse a member of the Armed 
     Forces for expenses of travel in connection with leave 
     cancelled to meet an exigency in connection with United 
     States participation in Operation Allied Force; to the 
     Committee on Armed Services.
           By Mr. DODD (for himself, Mr. Hagel, Mr. Grams, Mr. 
             Lugar, Mr. Chafee, Mr. Leahy, Mr. Kerrey, Mr. Kerry, 
             Mr. Levin, Mr. Kennedy, Mr. Jeffords, Mrs. Lincoln, 
             and Mrs. Murray):
       S. 926. A bill to provide the people of Cuba with access to 
     food and medicines from the United States, and for other 
     purposes; to the Committee on Foreign Relations.
           By Mr. DODD (for himself and Mr. Hagel):
       S. 927. A bill to authorize the President to delay, 
     suspend, or terminate economic sanctions if it is in the 
     important national interest of the United States to do so; to 
     the Committee on Foreign Relations.
           By Mr. SANTORUM (for himself, Mr. Smith of New 
             Hampshire, Mr. Lott, Mr. Abraham, Mr. Allard, Mr. 
             Ashcroft, Mr. Bond, Mr. Brownback, Mr. Bunning, Mr. 
             Burns, Mr. Cochran, Mr. Craig, Mr. Crapo, Mr. DeWine, 
             Mr. Domenici, Mr. Enzi, Mr. Fitzgerald, Mr. Frist, 
             Mr. Gorton, Mr. Gramm, Mr. Grams, Mr. Grassley, Mr. 
             Hagel, Mr. Hatch, Mr. Helms, Mr. Hutchinson, Mr. 
             Inhofe, Mr. Kyl, Mr. Lugar, Mr. Mack, Mr. McCain, Mr. 
             McConnell, Mr. Murkowski, Mr. Nickles, Mr. Roberts, 
             Mr. Sessions, Mr. Shelby, Mr. Smith of Oregon, Mr. 
             Thomas, Mr. Thurmond, Mr. Voinovich, and Mr. Warner):
       S. 928. A bill to amend title 18, United States Code, to 
     ban partial-birth abortions; to the Committee on the 
     Judiciary.
           By Mr. ROBB (for himself, Mrs. Hutchison, Mr. Kerrey, 
             Mr. Hagel, Mr. Reed, Mr. Smith of New Hampshire, Mr. 
             Cleland, Mr. Abraham, and Mr. Hutchinson):
       S. 929. A bill to provide for the establishment of a 
     National Military Museum, and for other purposes; to the 
     Committee on Armed Services.
           By Mr. REID (for himself and Mr. Bryan):
       S. 930. A bill to provide for the sale of certain public 
     land in the Ivanpah Valley, Nevada, to the Clark County, 
     Nevada, Department of Aviation; to the Committee on Energy 
     and Natural Resources.
           By Mr. McCAIN (for himself, Mr. Lieberman, and Mr. 
             Conrad):
       S.J. Res. 23. A joint resolution expressing the sense of 
     the Congress regarding the need for a Surgeon General's 
     report on media and violence; to the Committee on Health, 
     Education, Labor, and Pensions.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. HATCH (for himself, Mr. Bingaman, Mr. McCain, 
             Mr. Reid, Mr. Domenici, Mr. Lautenberg, Mr. Abraham, 
             Mrs. Feinstein, Mr. Bond, Mrs. Murray, and Mrs. 
             Hutchison):
       S. Res. 90. A resolution designating the 30th day of April 
     2000 as ``Dia de los Ninos: Celebrating Young Americans'', 
     and for other purposes; to the Committee on the Judiciary.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CONRAD (for himself, Mr. Nickles, Mr. Inouye, Mr. 
        Rockefeller, and Mr. Harkin):
  S. 909. A bill to provide for the review and classification of 
physician assistant positions in the Federal Government, and for other 
purposes; to the Committee on Governmental Affairs.


                     physician assistant equity act

  Mr. CONRAD. Mr. President, today I am pleased to be joined by 
Senators Nickles, Rockefeller, Inouye, and Harkin to introduce 
legislation that directs the Office of Personnel Management (OPM) to 
develop a classification standard appropriate to the occupation of 
physician assistant.
  Physician assistants are a part of a growing field of health care 
professionals that make quality health care available and affordable in 
underserved areas throughout our country. Because the physician 
assistant profession was very young when OPM first developed employment 
criteria in 1970, the agency adapted the nursing classification system 
for physician assistants. Today, this is no longer appropriate. 
Physician assistants have different education and training requirements 
than nurses and they are licensed and evaluated according to different 
criteria.
  The inaccurate classification of physician assistants had led to 
recruitment and retention problems of physician assistants in federal 
agencies, usually caused by low starting salaries and low salary caps. 
Because it is recognized that physician assistants provide cost-
effective health care, this is an important problem to resolve.
  This legislation mandates that OPM review this classification in 
consultation with physician assistants and the organizations that 
represent physician assistants. The bill specifically states that OPM 
should consider the educational and practice qualifications of the 
position as well as the treatment of physician assistants in the 
private sector in this review.
  Mr. President, I believe that this legislation will make an important 
correction that will help federal agencies

[[Page 7942]]

make better use of these providers of cost-effective, high quality 
health care.
                                 ______
                                 
      By Mr. CRAIG:
  S. 910. A bill to streamline, modernize, and enhance the authority of 
the Secretary of Agriculture relating to plant protection and 
quarantine, and for other purposes; to the Committee on Agriculture, 
Nutrition, and Forestry.


           noxious weed coordination and plant protection act

 Mr. CRAIG. Mr. President, I rise today to introduce the 
``Noxious Weed Coordination and Plant Protection Act of 1999''--a 
comprehensive bill which will focus the effort of federal agencies in 
fighting noxious weeds and other plant pests.
  In January I introduced the Plant Protection Act, S. 321. This bill 
generated a lot of discussion and several suggestions for improvement, 
much of which is reflected in the bill I am introducing today. The 
Noxious Weed Coordination and Plant Protection Act of 1999 retains most 
of S. 321 but includes a section on federal coordination of noxious 
weed removal.
  Mr. President, I ask that the bill and a section-by-section analysis 
be printed in the Record.
  The material follows:

                                 S. 910

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Noxious 
     Weed Coordination and Plant Protection Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                       TITLE I--PLANT PROTECTION

Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological 
              control organisms, noxious weeds, articles, and means of 
              conveyance.
Sec. 103. Notification and holding requirements on arrival.
Sec. 104. General remedial measures for new plant pests and noxious 
              weeds.
Sec. 105. Extraordinary emergencies.
Sec. 106. Recovery of compensation for unauthorized activities.
Sec. 107. Control of grasshoppers and Mormon Crickets.
Sec. 108. Certification for exports.

                  TITLE II--INSPECTION AND ENFORCEMENT

Sec. 201. Inspections and warrants.
Sec. 202. Collection of information.
Sec. 203. Subpoena authority.
Sec. 204. Penalties for violation.
Sec. 205. Enforcement actions of Attorney General.
Sec. 206. Court jurisdiction.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Cooperation.
Sec. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Protection for mail handlers.
Sec. 305. Preemption.
Sec. 306. Regulations and orders.
Sec. 307. Repeal of superseded laws.

                     TITLE IV--FEDERAL COORDINATION

Sec. 401. Definitions.
Sec. 402. Invasive Species Council.
Sec. 403. Advisory committee.
Sec. 404. Invasive Species Action Plan.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.
Sec. 502. Transfer authority.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the detection, control, eradication, suppression, 
     prevention, and retardation of the spread of plant pests and 
     noxious weeds is necessary for the protection of the 
     agriculture, environment, and economy of the United States;
       (2) biological control--
       (A) is often a desirable, low-risk means of ridding crops 
     and other plants of plant pests and noxious weeds; and
       (B) should be facilitated by the Secretary of Agriculture, 
     Federal agencies, and States, whenever feasible;
       (3) the smooth movement of enterable plants, plant 
     products, certain biological control organisms, or other 
     articles into, out of, or within the United States is vital 
     to the economy of the United States and should be facilitated 
     to the extent practicable;
       (4) markets could be severely impacted by the introduction 
     or spread of plant pests or noxious weeds into or within the 
     United States;
       (5) the unregulated movement of plants, plant products, 
     biological control organisms, plant pests, noxious weeds, and 
     articles capable of harboring plant pests or noxious weeds 
     would present an unacceptable risk of introducing or 
     spreading plant pests or noxious weeds;
       (6) the existence on any premises in the United States of a 
     plant pest or noxious weed new to or not known to be widely 
     prevalent in or distributed within and throughout the United 
     States could threaten crops, other plants, and plant products 
     of the United States and burden interstate commerce or 
     foreign commerce; and
       (7) all plants, plant products, biological control 
     organisms, plant pests, noxious weeds, or articles capable of 
     harboring plant pests or noxious weeds regulated under this 
     Act are in or affect interstate commerce or foreign commerce.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Article.--The term ``article'' means a material or 
     tangible object that could harbor a plant pest or noxious 
     weed.
       (2) Biological control organism.--The term ``biological 
     control organism'' means an enemy, antagonist, or competitor 
     organism used to control a plant pest or noxious weed.
       (3) Enter.--The term ``enter'' means to move into the 
     commerce of the United States.
       (4) Entry.--The term ``entry'' means the act of movement 
     into the commerce of the United States.
       (5) Export.--The term ``export'' means to move from the 
     United States to any place outside the United States.
       (6) Exportation.--The term ``exportation'' means the act of 
     movement from the United States to any place outside the 
     United States.
       (7) Import.--The term ``import'' means to move into the 
     territorial limits of the United States.
       (8) Importation.--The term ``importation'' means the act of 
     movement into the territorial limits of the United States.
       (9) Interstate.--The term ``interstate'' means--
       (A) from 1 State into or through any other State; or
       (B) within the District of Columbia, Guam, the Virgin 
     Islands of the United States, or any other territory or 
     possession of the United States.
       (10) Interstate commerce.--The term ``interstate commerce'' 
     means trade, traffic, movement, or other commerce--
       (A) between a place in a State and a point in another 
     State;
       (B) between points within the same State but through any 
     place outside the State; or
       (C) within the District of Columbia, Guam, the Virgin 
     Islands of the United States, or any other territory or 
     possession of the United States.
       (11) Means of conveyance.--The term ``means of conveyance'' 
     means any personal property that could harbor a pest, 
     disease, or noxious weed and that is used for or intended for 
     use for the movement of any other personal property.
       (12) Move.--The term ``move'' means to--
       (A) carry, enter, import, mail, ship, or transport;
       (B) aid, abet, cause, or induce the carrying, entering, 
     importing, mailing, shipping, or transporting;
       (C) offer to carry, enter, import, mail, ship, or 
     transport;
       (D) receive to carry, enter, import, mail, ship, or 
     transport;
       (E) release into the environment; or
       (F) allow an agent to participate in any of the activities 
     referred to in this paragraph.
       (13) Movement.--The term ``move'' means the act of--
       (A) carrying, entering, importing, mailing, shipping, or 
     transporting;
       (B) aiding, abetting, causing, or inducing the carrying, 
     entering, importing, mailing, shipping, or transporting;
       (C) offering to carry, enter, import, mail, ship, or 
     transport;
       (D) receiving to carry, enter, import, mail, ship, or 
     transport;
       (E) releasing into the environment; or
       (F) allowing an agent to participate in any of the 
     activities referred to in this paragraph.
       (14) Noxious weed.--The term ``noxious weed'' means a plant 
     or plant product that has the potential to directly or 
     indirectly injure or cause damage to a plant or plant product 
     through injury or damage to a crop (including nursery stock 
     or a plant product), livestock, poultry, or other interest of 
     agriculture (including irrigation), navigation, natural 
     resources of the United States, public health, or the 
     environment.
       (15) Permit.--The term ``permit'' means a written 
     (including electronic) or oral authorization by the Secretary 
     to move a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     under conditions prescribed by the Secretary.
       (16) Person.--The term ``person'' means an individual, 
     partnership, corporation, association, joint venture, or 
     other legal entity.
       (17) Plant.--The term ``plant'' means a plant (including a 
     plant part) for or capable of propagation (including a tree, 
     tissue culture, plantlet culture, pollen, shrub, vine, 
     cutting, graft, scion, bud, bulb, root, and seed).

[[Page 7943]]

       (18) Plant pest.--The term ``plant pest'' means--
       (A) a living stage of a protozoan, invertebrate animal, 
     parasitic plant, bacteria, fungus, virus, viroid, infection 
     agent, or pathogen that has the potential to directly or 
     indirectly injure or cause damage to, or cause disease in, a 
     plant or plant product; or
       (B) an article that is similar to or allied with an article 
     referred to in subparagraph (A).
       (19) Plant product.--The term ``plant product'' means--
       (A) a flower, fruit, vegetable, root, bulb, seed, or other 
     plant part that is not covered by paragraph (17); and
       (B) a manufactured or processed plant or plant part.
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (21) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States.
       (22) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.
                       TITLE I--PLANT PROTECTION

     SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.

       (a) Prohibition of Unauthorized Movement of Plant Pests.--
     Except as provided in subsection (b), no person shall import, 
     enter, export, or move in interstate commerce a plant pest, 
     unless the importation, entry, exportation, or movement is 
     authorized under general or specific permit and is in 
     accordance with such regulations as the Secretary may 
     promulgate to prevent the introduction of plant pests into 
     the United States or the dissemination of plant pests within 
     the United States.
       (b) Authorization of Movement of Plant Pests by 
     Regulation.--
       (1) Exception to permit requirement.--The Secretary may 
     promulgate regulations to allow the importation, entry, 
     exportation, or movement in interstate commerce of specified 
     plant pests without further restriction if the Secretary 
     finds that a permit under subsection (a) is not necessary.
       (2) Petition to add or remove plant pests from 
     regulation.--A person may petition the Secretary to add a 
     plant pest to, or remove a plant pest from, the regulations 
     promulgated under paragraph (1).
       (3) Response to petition by the secretary.--In the case of 
     a petition submitted under paragraph (2), the Secretary 
     shall--
       (A) act on the petition within a reasonable time; and
       (B) notify the petitioner of the final action the Secretary 
     takes on the petition.
       (4) Basis for determination.--The determination of the 
     Secretary on the petition shall be based on sound science.
       (c) Prohibition of Unauthorized Mailing of Plant Pests.--
       (1) In general.--Subject to section 304, a letter, parcel, 
     box, or other package containing a plant pest, whether or not 
     sealed as letter-rate postal matter, is nonmailable and shall 
     not knowingly be conveyed in the mail or delivered from any 
     post office or by any mail carrier, unless the package is 
     mailed in compliance with such regulations as the Secretary 
     may promulgate to prevent the dissemination of plant pests 
     into the United States or interstate.
       (2) Application of postal laws.--Nothing in this subsection 
     authorizes a person to open a mailed letter or other mailed 
     sealed matter except in accordance with the postal laws 
     (including regulations).
       (d) Regulations.--Regulations promulgated by the Secretary 
     to implement subsections (a), (b), or (c) may include 
     provisions requiring that a plant pest imported, entered, to 
     be exported, moved in interstate commerce, mailed, or 
     delivered from a post office--
       (1) be accompanied by a permit issued by the Secretary 
     before the importation, entry, exportation, movement in 
     interstate commerce, mailing, or delivery of the plant pest;
       (2) be accompanied by a certificate of inspection issued 
     (in a manner and form required by the Secretary) by 
     appropriate officials of the country or State from which the 
     plant pest is to be moved;
       (3) be raised under post-entry quarantine conditions by or 
     under the supervision of the Secretary for the purposes of 
     determining whether the plant pest may be infested with other 
     plant pests, may pose a significant risk of causing injury 
     to, damage to, or disease in a plant or plant product, or may 
     be a noxious weed; and
       (4) be subject to such remedial measures as the Secretary 
     determines are necessary to prevent the dissemination of 
     plant pests.

     SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, 
                   BIOLOGICAL CONTROL ORGANISMS, NOXIOUS WEEDS, 
                   ARTICLES, AND MEANS OF CONVEYANCE.

       (a) In General.--The Secretary may prohibit or restrict the 
     importation, entry, exportation, or movement in interstate 
     commerce of a plant, plant product, biological control 
     organism, noxious weed, article, or means of conveyance, if 
     the Secretary determines that the prohibition or restriction 
     is necessary to prevent the introduction into the United 
     States or the dissemination of a plant pest or noxious weed 
     within the United States.
       (b) Regulations.--The Secretary may promulgate regulations 
     to carry out this section, including regulations requiring 
     that a plant, plant product, biological control organism, 
     noxious weed, article, or means of conveyance imported, 
     entered, to be exported, or moved in interstate commerce--
       (1) be accompanied by a permit issued by the Secretary 
     prior to the importation, entry, exportation, or movement in 
     interstate commerce;
       (2) be accompanied by a certificate of inspection issued 
     (in a manner and form required by the Secretary) by 
     appropriate officials of the country or State from which the 
     plant, plant product, biological control organism, noxious 
     weed, article, or means of conveyance is to be moved;
       (3) be subject to remedial measures the Secretary 
     determines to be necessary to prevent the spread of plant 
     pests or noxious weeds; and
       (4) in the case of a plant or biological control organism, 
     be grown or handled under post-entry quarantine conditions by 
     or under the supervision of the Secretary for the purpose of 
     determining whether the plant or biological control organism 
     may be infested with a plant pest or noxious weed, or may be 
     a plant pest or noxious weed.
       (c) List of Restricted Noxious Weeds.--
       (1) Publication.--The Secretary may publish, by regulation, 
     a list of noxious weeds that are prohibited or restricted 
     from entering the United States or that are subject to 
     restrictions on interstate movement within the United States.
       (2) Petitions to add plant species to or remove plant 
     species from list.--
       (A) In general.--A person may petition the Secretary to add 
     a plant species to, or remove a plant species from, the list 
     authorized under paragraph (1).
       (B) Action on petition.--The Secretary shall--
       (i) act on the petition within a reasonable time; and
       (ii) notify the petitioner of the final action the 
     Secretary takes on the petition.
       (C) Basis for determination.--The determination of the 
     Secretary on the petition shall be based on sound science.
       (d) List of Biological Control Organisms.--
       (1) Publication.--The Secretary may publish, by regulation, 
     a list of biological control organisms the movement of which 
     in interstate commerce is not prohibited or restricted.
       (2) Distinctions.--In publishing the list, the Secretary 
     may take into account distinctions between biological control 
     organisms, such as whether the organisms are indigenous, 
     nonindigenous, newly introduced, or commercially raised.
       (3) Petitions to add biological control organisms to or 
     remove biological control organisms from list.--
       (A) In general.--A person may petition the Secretary to add 
     a biological control organism to, or remove a biological 
     control organism from, the list authorized under paragraph 
     (1).
       (B) Action on petition.--The Secretary shall--
       (i) act on the petition within a reasonable time; and
       (ii) notify the petitioner of the final action the 
     Secretary takes on the petition.
       (C) Basis for determination.--The determination of the 
     Secretary on the petition shall be based on sound science.

     SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON ARRIVAL.

       (a) Duty of Secretary of the Treasury.--
       (1) Notification.--The Secretary of the Treasury shall 
     promptly notify the Secretary of Agriculture of the arrival 
     of a plant, plant product, biological control organism, plant 
     pest, or noxious weed at a port of entry.
       (2) Holding.--The Secretary of the Treasury shall hold a 
     plant, plant product, biological control organism, plant 
     pest, or noxious weed, for which notification is made under 
     paragraph (1) at the port of entry until the plant, plant 
     product, biological control organism, plant pest, or noxious 
     weed is--
       (A) inspected and authorized by the Secretary of 
     Agriculture for entry into or movement through the United 
     States; or
       (B) otherwise released by the Secretary of Agriculture.
       (3) Exceptions.--Paragraphs (1) and (2) shall not apply to 
     a plant, plant product, biological control organism, plant 
     pest, or noxious weed that is imported from a country or 
     region of a country designated by the Secretary of 
     Agriculture, by regulation, as exempt from the requirements 
     of those paragraphs.
       (b) Notification by Responsible Person.--The person 
     responsible for a plant, plant product, biological control 
     organism, plant pest, noxious weed, article, or means of 
     conveyance required to have a permit under section 101 or 102 
     shall, as soon as practicable on arrival at the port of entry 
     and before the plant, plant product, biological control 
     organism, plant pest, noxious weed, article, or means of 
     conveyance is moved from

[[Page 7944]]

     the port of entry, notify the Secretary of Agriculture or, at 
     the Secretary of Agriculture's direction, the proper official 
     of the State to which the plant, plant product, biological 
     control organism, plant pest, noxious weed, article, or means 
     of conveyance is destined, or both, as the Secretary of 
     Agriculture may prescribe, of--
       (1) the name and address of the consignee;
       (2) the nature and quantity of the plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance proposed to be moved; and
       (3) the country and locality where the plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance was grown, produced, or 
     located.
       (c) Prohibition of Movement of Items Without Inspection and 
     Authorization.--No person shall move from a port of entry or 
     interstate an imported plant, plant product, biological 
     control organism, plant pest, noxious weed, article, or means 
     of conveyance unless the imported plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance has been--
       (1) inspected and authorized by the Secretary of 
     Agriculture for entry into or movement through the United 
     States; or
       (2) otherwise released by the Secretary of Agriculture.

     SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND 
                   NOXIOUS WEEDS.

       (a) Authority To Hold, Treat, or Destroy Items.--If the 
     Secretary considers it necessary to prevent the dissemination 
     of a plant pest or noxious weed that is new to or not known 
     to be widely prevalent or distributed within and throughout 
     the United States, the Secretary may hold, seize, quarantine, 
     treat, apply other remedial measures to, destroy, or 
     otherwise dispose of a plant, plant product, biological 
     control organism, plant pest, noxious weed, article, or means 
     of conveyance that--
       (1)(A) is moving into or through the United States or 
     interstate, or has moved into or through the United States or 
     interstate; and
       (B)(i) the Secretary has reason to believe is a plant pest 
     or noxious weed or is infested with a plant pest or noxious 
     weed at the time of the movement; or
       (ii) is or has been otherwise in violation of this Act;
       (2) has not been maintained in compliance with a post-entry 
     quarantine requirement; or
       (3) is the progeny of a plant, plant product, biological 
     control organism, plant pest, or noxious weed that is moving 
     into or through the United States or interstate, or has moved 
     into the United States or interstate, in violation of this 
     Act.
       (b) Authority To Order an Owner To Treat or Destroy.--
       (1) In general.--The Secretary may order the owner of a 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance subject 
     to action under subsection (a), or the owner's agent, to 
     treat, apply other remedial measures to, destroy, or 
     otherwise dispose of the plant, plant product, biological 
     control organism, plant pest, noxious weed, article, or means 
     of conveyance, without cost to the Federal Government and in 
     a manner the Secretary considers appropriate.
       (2) Failure to comply.--If the owner or agent of the owner 
     fails to comply with an order of the Secretary under 
     paragraph (1), the Secretary may take an action authorized by 
     subsection (a) and recover from the owner or agent of the 
     owner the costs of any care, handling, application of 
     remedial measures, or disposal incurred by the Secretary in 
     connection with actions taken under subsection (a).
       (c) Classification System.--
       (1) In general.--To facilitate control of noxious weeds, 
     the Secretary may develop a classification system to describe 
     the status and action levels for noxious weeds.
       (2) Categories.--The classification system may include the 
     geographic distribution, relative threat, and actions 
     initiated to prevent introduction or distribution.
       (3) Management plans.--In conjunction with the 
     classification system, the Secretary may develop integrated 
     management plans for noxious weeds for the geographic region 
     or ecological range where the noxious weed is found in the 
     United States.
       (d) Application of Least Drastic Action.--No plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance shall be destroyed, 
     exported, or returned to the shipping point of origin, or 
     ordered to be destroyed, exported, or returned to the 
     shipping point of origin under this section unless, in the 
     opinion of the Secretary, there is no less drastic action 
     that is feasible and that would be adequate to prevent the 
     dissemination of any plant pest or noxious weed new to or not 
     known to be widely prevalent or distributed within and 
     throughout the United States.

     SEC. 105. EXTRAORDINARY EMERGENCIES.

       (a) Authority To Declare.--Subject to subsection (b), if 
     the Secretary determines that an extraordinary emergency 
     exists because of the presence of a plant pest or noxious 
     weed that is new to or not known to be widely prevalent in or 
     distributed within and throughout the United States and that 
     the presence of the plant pest or noxious weed threatens 
     plants or plant products of the United States, the Secretary 
     may--
       (1) hold, seize, quarantine, treat, apply other remedial 
     measures to, destroy, or otherwise dispose of, a plant, plant 
     product, biological control organism, article, or means of 
     conveyance that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed;
       (2) quarantine, treat, or apply other remedial measures to 
     any premises, including a plant, plant product, biological 
     control organism, article, or means of conveyance on the 
     premises, that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed;
       (3) quarantine a State or portion of a State in which the 
     Secretary finds the plant pest or noxious weed or a plant, 
     plant product, biological control organism, article, or means 
     of conveyance that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed; or
       (4) prohibit or restrict the movement within a State of a 
     plant, plant product, biological control organism, article, 
     or means of conveyance if the Secretary determines that the 
     prohibition or restriction is necessary to prevent the 
     dissemination of the plant pest or noxious weed or to 
     eradicate the plant pest or noxious weed.
       (b) Required Finding of Emergency.--The Secretary may take 
     action under this section only on finding, after review and 
     consultation with the Governor or other appropriate official 
     of the State affected, that the measures being taken by the 
     State are inadequate to prevent the dissemination of the 
     plant pest or noxious weed or to eradicate the plant pest or 
     noxious weed.
       (c) Notification Procedures.--
       (1) In general.--Before any action is taken in a State 
     under this section, the Secretary shall--
       (A) notify the Governor or another appropriate official of 
     the State;
       (B) issue a public announcement; and
       (C) except as provided in paragraph (2), publish in the 
     Federal Register a statement of--
       (i) the findings of the Secretary;
       (ii) the action the Secretary intends to take;
       (iii) the reason for the intended action; and
       (iv) if practicable, an estimate of the anticipated 
     duration of the extraordinary emergency.
       (2) Time sensitive actions.--If it is not practicable to 
     publish a statement in the Federal Register under paragraph 
     (1) before taking an action under this section, the Secretary 
     shall publish the statement in the Federal Register within a 
     reasonable period of time, not to exceed 10 business days, 
     after commencement of the action.
       (d) Application of Least Drastic Action.--No plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance shall be destroyed, 
     exported, or returned to the shipping point of origin, or 
     ordered to be destroyed, exported, or returned to the 
     shipping point of origin under this section unless, in the 
     opinion of the Secretary, there is no less drastic action 
     that is feasible and that would be adequate to prevent the 
     dissemination of a plant pest or noxious weed new to or not 
     known to be widely prevalent or distributed within and 
     throughout the United States.
       (e) Payment of Compensation.--
       (1) In general.--The Secretary may pay compensation to a 
     person for economic losses incurred by the person as a result 
     of action taken by the Secretary under this section.
       (2) Amount.--The determination by the Secretary of the 
     amount of any compensation to be paid under this subsection 
     shall be final and shall not be subject to judicial review.

     SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED 
                   ACTIVITIES.

       (a) Recovery Action.--The owner of a plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance destroyed or otherwise 
     disposed of by the Secretary under section 104 or 105 may 
     bring an action against the United States to recover just 
     compensation for the destruction or disposal of the plant, 
     plant product, biological control organism, plant pest, 
     noxious weed, article, or means of conveyance (not including 
     compensation for loss due to delays incident to determining 
     eligibility for importation, entry, exportation, movement in 
     interstate commerce, or release into the environment) if the 
     owner establishes that the destruction or disposal was not 
     authorized under this Act.
       (b) Time for Action; Location.--
       (1) Time for action.--An action under this section shall be 
     brought not later than 1 year after the destruction or 
     disposal of the plant, plant product, biological control 
     mechanism, plant pest, noxious weed, article, or means of 
     conveyance involved.
       (2) Location.--The action may be brought in a United States 
     District Court where the owner is found, resides, transacts 
     business, is licensed to do business, or is incorporated.
       (c) Payment of Judgments.--A judgment in favor of the owner 
     shall be paid out of any money in the Treasury appropriated 
     for

[[Page 7945]]

     plant pest control activities of the Department of 
     Agriculture.

     SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

       (a) In General.--Subject to the availability of funds under 
     this section, the Secretary of Agriculture shall carry out a 
     program to control grasshoppers and Mormon Crickets on all 
     Federal land to protect rangeland.
       (b) Transfer Authority.--
       (1) In general.--Subject to paragraph (3), on the request 
     of the Secretary of Agriculture, the Secretary of the 
     Interior shall transfer to the Secretary of Agriculture, from 
     any no-year appropriations, funds for the prevention, 
     suppression, and control of actual or potential grasshopper 
     and Mormon Cricket outbreaks on Federal land under the 
     jurisdiction of the Secretary of the Interior.
       (2) Use.--The transferred funds shall be available only for 
     the payment of obligations incurred on the Federal land.
       (3) Transfer requests.--The Secretary of Agriculture shall 
     make a request for the transfer of funds under this 
     subsection as promptly as practicable.
       (4) Limitation.--The Secretary of Agriculture may not use 
     funds transferred under this subsection until funds 
     specifically appropriated to the Secretary of Agriculture for 
     grasshopper and Mormon Cricket control have been exhausted.
       (5) Replenishment of transferred funds.--Funds transferred 
     under this section shall be replenished by supplemental or 
     regular appropriations, which the Secretary of Agriculture 
     shall request as promptly as practicable.
       (c) Treatment for Grasshoppers and Mormon Crickets.--
       (1) In general.--Subject to the availability of funds under 
     this section, on request of the head of the administering 
     agency or the agriculture department of an affected State, 
     the Secretary of Agriculture, to protect rangeland, shall 
     immediately treat Federal, State, or private land that is 
     infested with grasshoppers or Mormon Crickets at levels of 
     economic infestation, unless the Secretary of Agriculture 
     determines that delaying treatment will not cause greater 
     economic damage to adjacent owners of rangeland.
       (2) Other programs.--In carrying out this section, the 
     Secretary of Agriculture shall work in conjunction with other 
     Federal, State, and private prevention, control, or 
     suppression efforts to protect rangeland.
       (d) Federal Cost Share of Treatment.--
       (1) Control on federal land.--Out of funds made available 
     under this section, the Secretary of Agriculture shall pay 
     100 percent of the cost of grasshopper or Mormon Cricket 
     control on Federal land to protect rangeland.
       (2) Control on state land.--Out of funds made available 
     under this section, the Secretary of Agriculture shall pay 50 
     percent of the cost of grasshopper or Mormon Cricket control 
     on State land.
       (3) Control on private land.--Out of funds made available 
     under this section, the Secretary of Agriculture shall pay 
     33.3 percent of the cost of grasshopper or Mormon Cricket 
     control on private land.
       (e) Training.--From funds made available or transferred by 
     the Secretary of the Interior to the Secretary of Agriculture 
     to carry out this section, the Secretary of Agriculture shall 
     provide adequate funding for a program to train personnel to 
     accomplish effectively the purposes of this section.

     SEC. 108. CERTIFICATION FOR EXPORTS.

       The Secretary may certify a plant, plant product, or 
     biological control organism as free from plant pests and 
     noxious weeds, and exposure to plant pests and noxious weeds, 
     according to the phytosanitary or other requirements of the 
     countries to which the plant, plant product, or biological 
     control organism may be exported.
                  TITLE II--INSPECTION AND ENFORCEMENT

     SEC. 201. INSPECTIONS AND WARRANTS.

       (a) In General.--Consistent with guidelines approved by the 
     Attorney General, the Secretary may--
       (1) stop and inspect, without a warrant, a person or means 
     of conveyance moving into the United States to determine 
     whether the person or means of conveyance is carrying a 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance subject 
     to this Act;
       (2) stop and inspect, without a warrant, a person or means 
     of conveyance moving in interstate commerce on probable cause 
     to believe that the person or means of conveyance is carrying 
     a plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance subject 
     to this Act;
       (3) stop and inspect, without a warrant, a person or means 
     of conveyance moving in intrastate commerce or on premises 
     quarantined as part of an extraordinary emergency declared 
     under section 105 on probable cause to believe that the 
     person or means of conveyance is carrying a plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance subject to this Act; 
     and
       (4) enter, with a warrant, a premises in the United States 
     for the purpose of conducting investigations or making 
     inspections under this Act.
       (b) Warrants.--
       (1) In general.--A United States judge, a judge of a court 
     of record in the United States, or a United States magistrate 
     judge may, on proper oath or affirmation showing probable 
     cause to believe that there is on certain premises a plant, 
     plant product, biological control organism, plant pest, 
     noxious weed, article, or means of conveyance regulated under 
     this Act, issue a warrant for entry on the premises to 
     conduct an investigation or make an inspection under this 
     Act.
       (2) Execution.--The warrant may be applied for and executed 
     by the Secretary or a United States marshal.

     SEC. 202. COLLECTION OF INFORMATION.

       The Secretary may gather and compile information and 
     conduct such investigations as the Secretary considers 
     necessary for the administration and enforcement of this Act.

     SEC. 203. SUBPOENA AUTHORITY.

       (a) Authority To Issue.--The Secretary may require by 
     subpoena--
       (1) the attendance and testimony of a witness; and
       (2) the production of all documentary evidence relating to 
     the administration or enforcement of this Act or a matter 
     under investigation in connection with this Act.
       (b) Location of Production.--The attendance of a witness 
     and production of documentary evidence may be required from 
     any place in the United States at any designated place of 
     hearing.
       (c) Enforcement of Subpoena.--If a person fails to comply 
     with a subpoena, the Secretary may request the Attorney 
     General to invoke the aid of a court of the United States 
     within the jurisdiction in which the investigation is 
     conducted, or where the person resides, is found, transacts 
     business, is licensed to do business, or is incorporated, in 
     obtaining compliance.
       (d) Fees and Mileage.--
       (1) In general.--A witness summoned by the Secretary shall 
     be paid the same fees and mileage that are paid to a witness 
     in a court of the United States.
       (2) Depositions.--A witness whose deposition is taken, and 
     the person taking the deposition, shall be entitled to the 
     same fees that are paid for similar services in a court of 
     the United States.
       (e) Procedures.--
       (1) In general.--The Secretary shall publish procedures for 
     the issuance of subpoenas under this section.
       (2) Legal sufficiency.--The procedures shall include a 
     requirement that a subpoena be reviewed for legal sufficiency 
     and signed by the Secretary.
       (3) Delegation.--If the authority to sign a subpoena is 
     delegated, the agency receiving the delegation shall seek 
     review for legal sufficiency outside that agency.
       (f) Scope of Subpoena.--A subpoena for a witness to attend 
     a court in a judicial district or to testify or produce 
     evidence at an administrative hearing in a judicial district 
     in an action or proceeding arising under this Act may run to 
     any other judicial district.

     SEC. 204. PENALTIES FOR VIOLATION.

       (a) Criminal Penalties.--A person that knowingly violates 
     this Act, or that knowingly forges, counterfeits, or, without 
     authority from the Secretary, uses, alters, defaces, or 
     destroys a certificate, permit, or other document provided 
     under this Act shall be guilty of a misdemeanor, and, on 
     conviction, shall be fined in accordance with title 18, 
     United States Code, imprisoned not more than 1 year, or both.
       (b) Civil Penalties.--
       (1) In general.--A person that violates this Act, or that 
     forges, counterfeits, or, without authority from the 
     Secretary, uses, alters, defaces, or destroys a certificate, 
     permit, or other document provided under this Act may, after 
     notice and opportunity for a hearing on the record, be 
     assessed a civil penalty by the Secretary that does not 
     exceed the greater of--
       (A) $50,000 in the case of an individual (except that the 
     civil penalty may not exceed $1,000 in the case of an initial 
     violation of this Act by an individual moving regulated 
     articles not for monetary gain), or $250,000 in the case of 
     any other person for each violation, except the amount of 
     penalties assessed under this subparagraph in a single 
     proceeding shall not exceed $500,000; or
       (B) twice the gross gain or gross loss for a violation or 
     forgery, counterfeiting, or unauthorized use, defacing or 
     destruction of a certificate, permit, or other document 
     provided for in this Act that results in the person's 
     deriving pecuniary gain or causing pecuniary loss to another 
     person.
       (2) Factors in determining civil penalty.--In determining 
     the amount of a civil penalty, the Secretary--
       (A) shall take into account the nature, circumstance, 
     extent, and gravity of the violation; and
       (B) may take into account the ability to pay, the effect on 
     ability to continue to do business, any history of prior 
     violations, the degree of culpability of the violator, and 
     any other factors the Secretary considers appropriate.
       (3) Settlement of civil penalties.--The Secretary may 
     compromise, modify, or

[[Page 7946]]

     remit, with or without conditions, a civil penalty that may 
     be assessed under this subsection.
       (4) Finality of orders.--
       (A) In general.--An order of the Secretary assessing a 
     civil penalty shall be treated as a final order reviewable 
     under chapter 158 of title 28, United States Code.
       (B) Collection action.--The validity of an order of the 
     Secretary may not be reviewed in an action to collect the 
     civil penalty.
       (C) Interest.--A civil penalty not paid in full when due 
     under an order assessing the civil penalty shall (after the 
     due date) accrue interest until paid at the rate of interest 
     applicable to a civil judgment of the courts of the United 
     States.
       (c) Liability for Acts of an Agent.--For purposes of this 
     Act, the act, omission, or failure of an officer, agent, or 
     person acting for or employed by any other person within the 
     scope of employment or office of the officer, agent, or 
     person, shall be considered to be the act, omission, or 
     failure of the other person.
       (d) Guidelines for Civil Penalties.--The Secretary shall 
     coordinate with the Attorney General to establish guidelines 
     to determine under what circumstances the Secretary may issue 
     a civil penalty or suitable notice of warning in lieu of 
     prosecution by the Attorney General of a violation of this 
     Act.

     SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.

       The Attorney General may--
       (1) prosecute, in the name of the United States, a criminal 
     violation of this Act that is referred to the Attorney 
     General by the Secretary or is brought to the notice of the 
     Attorney General by any person;
       (2) bring a civil action to enjoin the violation of or to 
     compel compliance with this Act, or to enjoin any 
     interference by a person with the Secretary in carrying out 
     this Act, if the Attorney General has reason to believe that 
     the person has violated or is about to violate this Act, or 
     has interfered, or is about to interfere, with the Secretary; 
     and
       (3) bring a civil action for the recovery of an unpaid 
     civil penalty, funds under a reimbursable agreement, late 
     payment penalty, or interest assessed under this Act.

     SEC. 206. COURT JURISDICTION.

       (a) In General.--Except as provided in section 204(b), a 
     United States district court, the District Court of Guam, the 
     District Court of the Virgin Islands, the highest court of 
     American Samoa, and the United States courts of other 
     territories and possessions are vested with jurisdiction in 
     all cases arising under this Act.
       (b) Location.--An action arising under this Act may be 
     brought, and process may be served, in the judicial district 
     where--
       (1) a violation or interference occurred or is about to 
     occur; or
       (2) the person charged with the violation, interference, 
     impending violation, impending interference, or failure to 
     pay resides, is found, transacts business, is licensed to do 
     business, or is incorporated.
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. COOPERATION.

       (a) In General.--To carry out this Act, the Secretary may 
     cooperate with--
       (1) other Federal agencies or entities;
       (2) States or political subdivisions of States;
       (3) national governments;
       (4) local governments of other nations;
       (5) domestic or international organizations;
       (6) domestic or international associations; and
       (7) other persons.
       (b) Responsibility.--The individual or entity cooperating 
     with the Secretary shall be responsible for--
       (1) obtaining the authority necessary for conducting the 
     operations or taking measures on all land and property within 
     the foreign country or State, other than land and property 
     owned or controlled by the United States; and
       (2) other facilities and means determined by the Secretary.
       (c) Transfer of Biological Control Methods.--The Secretary 
     may transfer to a Federal or State agency or other person 
     biological control methods using biological control organisms 
     against plant pests or noxious weeds.
       (d) Cooperation in Program Administration.--The Secretary 
     may cooperate with State authorities or other persons in the 
     administration of programs for the improvement of plants, 
     plant products, and biological control organisms.

     SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.

       (a) In General.--The Secretary may acquire and maintain 
     such real or personal property, and employ such persons, make 
     such grants, and enter into such contracts, cooperative 
     agreements, memoranda of understanding, or other agreements, 
     as are necessary to carry out this Act.
       (b) Tort Claims.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may pay a tort claim (in the manner authorized in 
     the first paragraph of section 2672 of title 28, United 
     States Code) if the claim arises outside the United States in 
     connection with an activity authorized under this Act.
       (2) Requirements of claim.--A claim may not be allowed 
     under paragraph (1) unless the claim is presented in writing 
     to the Secretary not later than 2 years after the claim 
     arises.

     SEC. 303. REIMBURSABLE AGREEMENTS.

       (a) Preclearance.--
       (1) In general.--The Secretary may enter into a 
     reimbursable fee agreement with a person for preclearance (at 
     a location outside the United States) of plants, plant 
     products, biological control organisms, articles, and means 
     of conveyance for movement to the United States.
       (2) Account.--All funds collected under this subsection 
     shall be credited to an account that--
       (A) may be established by the Secretary; and
       (B) if established, shall remain available for preclearance 
     activities until expended.
       (b) Overtime.--
       (1) In general.--Notwithstanding any other law, the 
     Secretary may pay an employee of the Department of 
     Agriculture performing services under this Act relating to 
     imports into and exports from the United States, for all 
     overtime, night, or holiday work performed by the employee, 
     at a rate of pay determined by the Secretary.
       (2) Reimbursement of secretary.--The Secretary may require 
     a person for whom the services are performed to reimburse the 
     Secretary for funds paid by the Secretary for the services.
       (3) Account.--All funds collected under this subsection 
     shall be credited to the account that incurs the costs and 
     remain available until expended.
       (c) Late Payment Penalty and Interest.--
       (1) Collection.--On failure of a person to reimburse the 
     Secretary in accordance with this section, the Secretary may 
     assess a late payment penalty against the person.
       (2) Interest.--Overdue funds due the Secretary under this 
     section shall accrue interest in accordance with section 3717 
     of title 31, United States Code.
       (3) Account.--A late payment penalty and accrued interest 
     shall be credited to the account that incurs the costs and 
     shall remain available until expended.

     SEC. 304. PROTECTION FOR MAIL HANDLERS.

       This Act shall not apply to an employee of the United 
     States in the performance of the duties of the employee in 
     handling the mail.

     SEC. 305. PREEMPTION.

       (a) Regulation of Foreign Commerce.--No State or political 
     subdivision of a State may--
       (1) regulate in foreign commerce a plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance; or
       (2) in order to control a plant pest or noxious weed--
       (A) eradicate a plant pest or noxious weed; or
       (B) prevent the introduction or dissemination of a 
     biological control organism, plant pest, or noxious weed.
       (b) Regulation of Interstate Commerce.--
       (1) In general.--Except as provided in paragraph (2), if 
     the Secretary has promulgated a regulation or order to 
     prevent the dissemination of a plant, plant product, 
     biological control organism, plant pest, or noxious weed 
     within the United States, no State or political subdivision 
     of a State may--
       (A) regulate the movement in interstate commerce of the 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance; or
       (B) in order to control the plant pest or noxious weed--
       (i) eradicate the plant pest or noxious weed; or
       (ii) prevent the introduction or dissemination of the 
     biological control organism, plant pest, or noxious weed.
       (2) Exceptions.--
       (A) Regulations consistent with federal regulations.--
     Except as provided in subparagraph (B), a State or a 
     political subdivision of a State may impose a prohibition or 
     restriction on the movement in interstate commerce of plants, 
     plant products, biological control organisms, plant pests, 
     noxious weeds, articles, or means of conveyance that are 
     consistent with and do not exceed the requirements of the 
     regulations promulgated or orders issued by the Secretary 
     under this Act.
       (B) Special local need.--A State or political subdivision 
     of a State may impose a prohibition or restriction on the 
     movement in interstate commerce of plants, plant products, 
     biological control organisms, plant pests, noxious weeds, 
     articles, or means of conveyance, that are in addition to a 
     prohibition or restriction imposed by the Secretary, if the 
     State or political subdivision of a State demonstrates to the 
     Secretary and the Secretary finds that there is a special 
     need for additional prohibitions or restrictions based on 
     sound scientific data or a thorough risk assessment.

     SEC. 306. REGULATIONS AND ORDERS.

       The Secretary may promulgate such regulations, and issue 
     such orders, as the Secretary considers necessary to carry 
     out this Act.

[[Page 7947]]



     SEC. 307. REPEAL OF SUPERSEDED LAWS.

       (a) Repeal.--The following provisions of law are repealed:
       (1) Subsections (a) through (e) of section 102 of the 
     Department of Agriculture Organic Act of 1944 (7 U.S.C. 
     147a).
       (2) Section 1773 of the Food Security Act of 1985 (7 U.S.C. 
     148f).
       (3) The Golden Nematode Act (7 U.S.C. 150 et seq.).
       (4) The Federal Plant Pest Act (7 U.S.C. 150aa et seq).
       (5) The Joint Resolution of April 6, 1937 (56 Stat. 57, 
     chapter 69; 7 U.S.C. 148 et seq.).
       (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 
     U.S.C. 149).
       (7) The Act of August 20, 1912 (commonly known as the 
     ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 
     U.S.C. 151 et seq.).
       (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et 
     seq.).
       (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 
     7 U.S.C. 2260).
       (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
     seq.), other than the first section and section 15 of that 
     Act (7 U.S.C. 2801 note, 2814).
       (b) Effect on Regulations.--Regulations promulgated under 
     the authority of a provision of law repealed by subsection 
     (a) shall remain in effect until such time as the Secretary 
     promulgates a regulation under section 306 that supersedes 
     the earlier regulation.
                     TITLE IV--FEDERAL COORDINATION

     SEC. 401. DEFINITIONS.

       In this title:
       (1) Action plan.--The term ``Action Plan'' means the 
     National Invasive Species Action Plan developed and submitted 
     to Congress under section 404, including any updates to the 
     Action Plan.
       (2) Alien species.--The term ``alien species'' means, with 
     respect to a particular ecosystem, any species, including its 
     seeds, eggs, spores, or other biological material capable of 
     propagating the species, that is not native to that 
     ecosystem.
       (3) Control.--The term ``control'' means--
       (A) the suppression, reduction, or management of invasive 
     species populations;
       (B) the prevention of the spread of invasive species from 
     areas where the species are present; and
       (C) the taking of measures such as the restoration of 
     native species and habitats to reduce the effects of invasive 
     species and to prevent further invasions.
       (4) Council.--The term ``Council'' means the Invasive 
     Species Council established by section 402.
       (5) Ecosystem.--The term ``ecosystem'' means the complex of 
     a community of organisms and the community's environment.
       (6) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code, except that the term does not include an 
     independent establishment (as defined in section 104 of title 
     5, United States Code).
       (7) Introduction.--The term ``introduction'' means the 
     intentional or unintentional escape, release, dissemination, 
     or placement of a species into an ecosystem as a result of 
     human activity.
       (8) Invasive species.--The term ``invasive species'' means 
     an alien species the introduction of which causes or is 
     likely to cause economic or environmental harm or harm to 
     human health.
       (9) Native species.--The term ``native species'' means, 
     with respect to a particular ecosystem, a species that, other 
     than as a result of an introduction, historically occurred or 
     currently occurs in the ecosystem.
       (10) Species.--The term ``species'' means a group of 
     organisms all of which--
       (A) have a high degree of physical and genetic similarity;
       (B) generally interbreed only among themselves; and
       (C) show persistent differences from members of allied 
     groups of organisms.
       (11) Stakeholder.--The term ``stakeholder'' means an entity 
     with an interest in invasive species, including--
       (A) a State, tribal, or local government agency;
       (B) an academic institution;
       (C) the scientific community; and
       (D) a nongovernmental entity, including an environmental, 
     agricultural, or conservation organization, trade group, 
     commercial interest, or private landowner.

     SEC. 402. INVASIVE SPECIES COUNCIL.

       (a) Establishment.--There is established an advisory 
     council to be known as the ``Invasive Species Council''.
       (b) Membership.--
       (1) In general.--The Council shall be composed of--
       (A) the Secretary of State;
       (B) the Secretary of the Treasury;
       (C) the Secretary of Defense;
       (D) the Secretary of the Interior, who shall be a 
     cochairperson of the Council;
       (E) the Secretary of Agriculture, who shall be a 
     cochairperson of the Council;
       (F) the Secretary of Commerce, who shall be a cochairperson 
     of the Council;
       (G) the Secretary of Transportation;
       (H) the Administrator of the Environmental Protection 
     Agency; and
       (I) a representative of State government appointed by the 
     National Governors' Association.
       (2) Other federal agency representatives.--The Council 
     may--
       (A) invite other representatives of Federal agencies to 
     serve as members of the Council, including representatives 
     from subcabinet bureaus or offices with significant 
     responsibilities concerning invasive species; and
       (B) prescribe special procedures for the participation by 
     those other representatives on the Council.
       (c) Duties.--The Invasive Species Council shall--
       (1) provide national leadership regarding invasive species;
       (2) oversee the implementation of this title and make 
     recommendations designed to ensure that the activities of 
     Federal agencies concerning invasive species are coordinated, 
     complementary, cost-efficient, and effective, relying to the 
     maximum extent practicable on organizations addressing 
     invasive species, such as--
       (A) the Aquatic Nuisance Species Task Force established by 
     section 1201 of the Nonindigenous Aquatic Nuisance Prevention 
     and Control Act of 1990 (16 U.S.C. 4721);
       (B) the Federal Interagency Committee for the Management of 
     Noxious and Exotic Weeds; and
       (C) the Committee on Environment and Natural Resources of 
     the Office of Science and Technology Policy;
       (3) encourage planning and action at local, tribal, State, 
     regional, and ecosystem-based levels to achieve the goals and 
     objectives of the Action Plan, in cooperation with 
     stakeholders and organizations addressing invasive species;
       (4) develop recommendations for international cooperation 
     in addressing invasive species;
       (5) develop, in consultation with the Council on 
     Environmental Quality, guidance to Federal agencies under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) concerning prevention and control of invasive species, 
     including the procurement, use, and maintenance of native 
     species in a manner designed to affect invasive species;
       (6) facilitate development of a coordinated network among 
     Federal agencies to document, evaluate, and monitor impacts 
     from invasive species on the economy, the environment, and 
     human health;
       (7) facilitate establishment of a coordinated, up-to-date 
     information-sharing system that--
       (A) uses, to the maximum extent practicable, the Internet; 
     and
       (B) facilitates access to and exchange of information 
     concerning invasive species, such as--
       (i) information on the distribution and abundance of 
     invasive species;
       (ii) life histories of invasive species and invasive 
     characteristics;
       (iii) economic, environmental, and human health impacts 
     from invasive species;
       (iv) techniques for management of invasive species; and
       (v) laws and programs for management, research, and public 
     education concerning invasive species; and
       (8) develop and submit to Congress the Action Plan.
       (d) Executive Director; Staff.--With the concurrence of the 
     other cochairpersons, the Secretary of the Interior shall--
       (1) appoint an Executive Director of the Council; and
       (2) provide staff and administrative support for the 
     Council.

     SEC. 403. ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of the Interior shall--
       (1) establish an advisory committee to provide information 
     and advice for consideration by the Council; and
       (2) after consultation with other members of the Council, 
     appoint members of the advisory committee to represent 
     stakeholders.
       (b) Duties.--The duties of the advisory committee shall 
     include making recommendations for plans and actions at 
     local, tribal, State, regional, and ecosystem-based levels to 
     achieve the goals and objectives of the Action Plan.
       (c) Cooperation.--The advisory committee shall act in 
     cooperation with stakeholders and organizations addressing 
     the problem of invasive species.
       (d) Administrative and Financial Support.--The Secretary of 
     the Interior shall provide administrative and financial 
     support for the advisory committee.

     SEC. 404. INVASIVE SPECIES ACTION PLAN.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Council shall develop and submit 
     to Congress a National Invasive Species Action Plan, which 
     shall--
       (1) detail and recommend performance-oriented goals and 
     objectives and specific measures of success for Federal 
     agency efforts concerning invasive species;
       (2) detail and recommend measures to be taken by the 
     Council to carry out its duties under section 402; and
       (3) identify the personnel, other resources, and additional 
     levels of coordination needed to achieve the goals and 
     objectives of the Action Plan.
       (b) Public Participation and Coordination.--The Action Plan 
     shall be--

[[Page 7948]]

       (1) developed through a public process and in consultation 
     with Federal agencies and stakeholders; and
       (2) coordinated with any State plans concerning invasive 
     species.
       (c) Special Requirements for First Action Plan.--
       (1) In general.--The first Action Plan submitted under 
     subsection (a) shall--
       (A) include a review of existing and prospective approaches 
     and authorities for preventing the introduction and spread of 
     invasive species, including approaches for--
       (i) identifying pathways for the introduction of invasive 
     species; and
       (ii) minimizing the risk of introductions by means of those 
     pathways; and
       (B) identify research needs and recommend measures to 
     minimize the risk that introductions will occur.
       (2) Recommended processes.--The measures recommended under 
     paragraph (1)(B) shall provide for--
       (A) a science-based process to evaluate risks associated 
     with the introduction and spread of invasive species; and
       (B) a coordinated and systematic risk-based process to 
     identify, monitor, and interdict pathways that may be 
     involved in the introduction of invasive species.
       (3) Recommendations for legislation.--If any measure 
     recommended under paragraph (1)(B) is not authorized by law 
     in effect as of the date of the recommendation, the Council 
     shall develop and submit to Congress legislative proposals 
     for necessary changes in law.
       (d) Updates and Evaluations of Action Plan.--The Council 
     shall--
       (1) develop and submit to Congress biennial updates of the 
     Action Plan; and
       (2) concurrently evaluate and report on success in 
     achieving the goals and objectives specified in the Action 
     Plan.
       (e) Response by Federal Agencies.--Not later than 18 months 
     after the date of submission to Congress of the Action Plan, 
     each Federal agency that is required to implement a measure 
     recommended under subsection (a)(1) or (c)(1)(B) shall--
       (1) take the recommended action; or
       (2) provide to the Council an explanation of why the action 
     is not feasible.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

     SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act.
       (b) Compensation.--Except as provided in section 106 and as 
     specifically authorized by law, no part of the amounts 
     appropriated under this section shall be used to provide 
     compensation for property injured or destroyed by or at the 
     direction of the Secretary.

     SEC. 502. TRANSFER AUTHORITY.

       (a) Authority To Transfer Certain Funds.--In connection 
     with an emergency in which a plant pest or noxious weed 
     threatens a segment of the agricultural production of the 
     United States, the Secretary may transfer from other 
     appropriations or funds available to the agencies or 
     corporations of the Department of Agriculture such amounts as 
     the Secretary considers necessary to be available in the 
     emergency for the arrest, control, eradication, and 
     prevention of the dissemination of the plant pest or noxious 
     weed and for related expenses.
       (b) Availability.--Any funds transferred under this section 
     shall remain available for such purposes until expended.
       (c) Conforming Amendments.--The first section of Public Law 
     97-46 (7 U.S.C. 147b) is amended--
       (1) by striking ``plant pests or''; and
       (2) by striking ``section 102 of the Act of September 21, 
     1944, as amended (7 U.S.C. 147a), and''.
                                  ____


Section-by-Section Analysis of the Noxious Weed Coordination and Plant 
                             Protection Act

       Sections 1, 2, and 3--The first three sections of the bill 
     serve as a ``road map'' to the rest of the legislation. 
     Section 1 consists entirely of the title and table of 
     contents. Section 2 outlines certain findings as to why the 
     legislation is necessary. Section 3 provides the definitions 
     used throughout the rest of the bill.


                      title one--plant protection

       Section 101--Outlaws the importation or interstate movement 
     of a plant pest (defined in Section 3 as anything that has 
     the potential to directly or indirectly injure or cause 
     damage to or disease in a plant product) without a permit 
     from the Secretary of Agriculture.
       Section 102--Grants USDA the authority to block or regulate 
     the importation or movement of a noxious weed, or other 
     plant, if the Secretary determines that such a prohibition is 
     necessary to prevent the weed's introduction into a new area. 
     In addition, USDA is required to publish a list of noxious 
     weeds that are prohibited from entering the country or whose 
     interstate movement is restricted and allows a procedure to 
     have weeds added to or removed from the list. USDA would also 
     publish a list of control agents which may be transported 
     without restriction.
       Section 103--Requires the Secretary of the Treasury (who 
     oversees the Customs Service) to notify USDA of the arrival 
     of any plant or noxious weed upon its arrival at a port of 
     entry and to hold it at the border until it can be inspected 
     and authorized for entry.
       Section 104--Authorizes USDA to hold, seize, quarantine, 
     treat, or destroy any noxious weed or plant pest that it 
     finds in violation of this law.
       Section 105--Authorizes USDA to declare ``extraordinary 
     emergencies'' when necessary to confront the importation or 
     to fight the spread of a noxious weed. In addition, the bill 
     outlines what actions are authorized during such an 
     emergency.
       Section 106--Allows a plant owner to seek compensation from 
     USDA if the owner ``establishes that the destruction or 
     disposal'' of this plant or other property ``was not 
     authorized under this Act'' if he does so within one year of 
     the action.
       Section 107--Makes USDA the federal department in charge of 
     the fight against grasshoppers and Mormon Crickets on all 
     federal lands. In addition to the authority, funds to carry 
     out the program would be transferred from other federal 
     agencies and departments to USDA. It also establishes a cost 
     sharing program in which the federal govenrmetn will assume 
     the entire cost of fighting grasshoppers and Mormon Crickets 
     on federally owned land, one-half of the cost on state owned 
     land, and one-third the cost on private land.
       Section 108--Allows the USDA to develop a means by which it 
     can certify plants to be free of pests or noxious weeds.


                 title two--inspection and enforcement

       Section 201--Allows USDA inspectors to stop and inspect 
     persons and items entering the country or moving from one 
     state to another in search of noxious weeds or plant pests. 
     In addition, USDA is authorized to seek a warrant to search 
     private premises for weeds and pests.
       Section 202--Allows USDA to ``gather and compile 
     information'' needed to carry out its investigations.
       Section 203--Authorizes and restricts how USDA may issue a 
     subpoena in its investigations.
       Section 204--Establishes criminal and civil penalties for 
     anyone who ``knowingly violates this Act,'' forges or 
     counterfeits a permit, or uses a permit unlawfully. Such a 
     violation would be a misdemeanor punishable with a maximum 
     penalty of 1 year in prison and/or a fine of up to $250,000 
     (limits are set in the case that the action is taken by an 
     individual [$50,000] or done without the intention of 
     monetary gain [$1,000]).
       Section 205--Authorizes the Attorney General to enforce the 
     Act.
       Section 206--Locates enforcement at a federal court where 
     the violation occurs or where the defendant lives.


                 title three--miscellaneous provisions

       Sections 301, 302, and 303--Authorizes USDA to seek 
     cooperation with other agencies, states, associations, and 
     individuals in fulfilling its responsibilities.
       Section 304--Stipulates that the regulations against 
     mailing a plant pest or noxious weed included in the bill 
     will not interfere with an employee of the U.S. Postal 
     Service and his responsibility in handling the mail.
       Section 305--Authorizes USDA to issue regulations and 
     orders needed to carry out the Act.
       Section 306--Repeals federal laws which have been 
     superseded or replaced by the Act.


                    title four--federal coordination

       Section 401--Provides the definitions used throughout the 
     rest of the title.
       Section 402--Establishes a multi-agency Invasive Species 
     Council and outlines the duties of the Council.
       Section 403--Directs the Secretary of the Interior to 
     establish an advisory committee to provide information and 
     advice to the Council.
       Secton 404--Gives the Council nine months to develop a 
     National Invasive Species Action Plan with public 
     participation and coordination with State plans concerning 
     invasive species.


              title five--authorization for appropriations

       Secton 501--Authorizes Congress to appropriate the funds 
     necessary to carry out the Act.
       Section 502--Authorizes the Secretary of Agriculture to 
     transfer other USDA funds to the programs authorized by the 
     Act.
                                 ______
                                 
      By Mr. KYL (for himself, Mrs. Hutchison, Mr. Domenici, Mr. 
        McCain, Mr. Gramm, Mr. Bingaman, Mr. Hollings, Mr. Abraham, and 
        Mrs. Feinstein):
  S. 912. A bill to modify the rate of basic pay and the classification 
of positions for certain United States Border Patrol agents, and for 
other purposes; to the Committee on the Judiciary.


          border patrol recruitment and retention act of 1999

  Mr. KYL. Mr. President, I rise today with Senator Kay Bailey 
Hutchison to introduce the Border Patrol Recruitment and Retention Act 
of 1999.
  In 1996, the Congress passed unanimously, and the President signed, 
my amendment to the Immigration Reform Act requiring that 1,000 Border

[[Page 7949]]

Patrol agents be hired each year between the years 1997 and 20001. Last 
year, Congress provided the Immigration and Naturalization Service with 
$93 million to hire, train, and deploy 1,000 agents during 1999.
  We have now learned that the INS will not come close to hiring the 
required 1,000 agents during this year; and, in fact, may only hire 200 
to 400. As a result, states that need the increased personnel the most 
will not receive them. Arizona, which itself was slated to receive 400 
new agents, will now receive only 100 to 150 new agents. That's not 
nearly enough. Border Patrol agents in the Tucson sector apprehended 
60,537 illegal immigrants last month and seized over 28,000 pounds of 
marijuana, an all-time record in both areas. Project that annually and 
then factor in the estimate that 3 times as many illegal aliens 
successfully cross the border than are apprehended. The situation is so 
out of control in Arizona that recently, 600 people attempted to cross 
the border en masse in broad daylight. Some Arizonans are growing so 
anxious about the upsurge of illegal activity in their community that 
they have attempted to take matters into their own hands. Unless 
Arizona is given more federal personnel and resources to get things 
under control, many are worried about how this situation will develop.
  What the INS says is that it is having recruitment and retention 
problems, and so it cannot take on the added personnel at this time. 
Couldn't the INS foresee some of these recruitment issues more than two 
months before now? And couldn't INS do something to correct the problem 
of recruitment?
  We concluded Congress would have to initiate some solutions. 
Therefore, Senator Hutchison and I introduce this bill today to try to 
begin to address some of the Border Patrol's recruitment and retention 
problems. It is not a panacea, and we need to continue to explore 
additional ways of improving recruitment and retention; but it will 
open the debate and will provide for a much-needed increase in salary 
levels for the Border Patrol.
  Currently Border Patrol agents are, for the most part, capped at a 
GS-9 level (currently, only about 20 percent of agents, namely those 
who perform special duties, are raised to the GS-11 level). The Border 
Patrol Retention and Recruitment Enhancement Act would allow all agents 
with a successful year's experience at a GS-9 level to move up to a GS-
11 level. This would enable agents to move from an approximate $34,000 
annually salary to an approximate $41,000 annually salary. And that's 
fair. These agents have a tough time in their assignments. They must 
speak two languages. They deserve a raise.
  The bill would also establish the Office of Border Patrol Recruitment 
and Retention, which would allow the Border Patrol to be more involved 
in recruiting and hiring and will direct the Border Patrol to make 
policy suggestions about ways to improve recruitment and retention. 
Currently, the INS and the Office of Personnel Management are 
responsible for all such activity. We have heard testimony from Border 
Patrol chiefs who say that the Border Patrol has unique and specific 
knowledge about how to enhance these efforts.
  Mr. President, this bill will not solve all of the Border Patrol's 
recruiting and retention problems, but it will be a responsible start 
toward increasing the numbers of agents who will so honorably protect 
our nation's borders.
  Mr. President, I yield the floor.
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. Thank you, Mr. President. I thank Senator Kyl for his 
leadership on this bill that we have just introduced.
  Senator Kyl and I, along with Senators Domenici, Gramm, McCain, and 
Bingaman, have been very concerned about the Border Patrol issue that 
faces our border States. In fact, we were stunned this week to learn 
that though Congress has authorized and authorized funding for 1,000 
new Border Patrol agents that in fact only 200 to 400 are coming on 
line this year.
  Mr. President, that is stunning. That is stunning when you consider 
that last year the Border Patrol apprehended 1.5 million persons 
illegally crossing the border, and fully half of those were at my State 
of Texas. In fact, the McAllen Border Patrol sector, which includes 
Brownsville, Harlingen and McAllen, had the largest number of drug 
seizures of all Border Patrol Sectors in the United States--1,610 drug 
seizures just in that one sector. The drugs apprehended have a value of 
over $410 million. Two Border Patrol agents in the McAllen sector lost 
their lives last year in a raid of a drug trafficker's hideout. It was 
the first time Border Patrol agents had been killed during such a raid.
  Senator Abraham held a hearing this week, and the Chief of the Border 
Patrol told us that he has not been able to recruit and retain and, in 
fact, is losing 10 percent of the agents. For every one that we are 
bringing on, we are losing two, because our Border Patrol agents are 
capped at a journeymen-9 level. That translates to roughly $34,000 a 
year for an agent that has several years of experience. For an agent, 
that is certainly a job of law enforcement at its toughest.
  Under the bill that we have just introduced, the agents would be 
eligible to be paid at a journeymen-11 level, which is approximately a 
$7,000 increase.
  This pay raise is also consistent with the pay of other law 
enforcement agencies that work along the border. One significant 
problem for the Border Patrol has been that many agents go to work for 
the Customs Service, or the DEA when they reach the cap. So they get to 
their cap, their experience, and they go over to another Federal agency 
that pays better.
  We must solve this discrepancy among Federal agencies in the same 
place that are doing similar kinds of tough duty work for hazardous 
pay. Yet, the Border Patrol is $7,000 less than Customs and DEA agents. 
We must correct this discrepancy if we are going to get control of our 
borders, which are a sieve right now with drugs moving through at an 
alarming rate.
  This is not just a Texas-Arizona-New Mexico-California problem. The 
drugs that come in from our borders go right up into Ohio, Michigan, 
New Hampshire, Oregon--all over our country, because we don't have the 
proper control of our border.
  Mr. President, there is not a higher priority for the Federal 
Government than to have the sovereign borders of the United States safe 
from illegal drugs coming into our country, and most certainly illegal 
immigrants that have not gone through the proper procedures so that we 
know who is coming into our country and what their record is so that we 
have the control that any sovereign nation would have.
  Mr. President, this is an emergency. It is why Senator Kyl and I have 
introduced this legislation today, because we are in a crisis. This is 
a war. It is a war on drugs, and we are losing. We are losing our young 
people in this country. Part of the problem is that we are not putting 
the resources into law enforcement.
  I have to say, Mr. President, that I am disappointed to the maximum 
that our INS has money from Congress and authorization from Congress to 
hire 1,000 agents and they have only been able to come up with 200 to 
400 agents this year. That means we are 600 to 800 short, as we speak, 
from what was allocated this year, and which was given priority by 
Congress. I think the INS needs to make this a priority. We are going 
to give them the pay increases with the bill that we have just 
introduced today.
  Senator Gregg, who has been a strong supporter of our efforts to beef 
up the border, has said he will work with us to reprogram money from 
this year's budget for these pay increases so that we will hopefully be 
able to do this on an expedited basis by October 1 of this year.
  Hopefully, we will be able to retain agents knowing that this pay 
raise is in the pipeline. But, Mr. President, it also takes an effort 
by the INS to make it a priority to fill these slots, because

[[Page 7950]]

if they don't look at a little more creative approach to recruiting, 
the $7,000 increase is not going to be enough.
  I am at my wit's end. Senator Kyl, Senator McCain, Senator Gramm, 
Senator Domenici, and Senator Bingaman are at their wit's end, and 
certainly Senator Feinstein and Senator Boxer are at their wit's end 
with promises made and not fulfilled by the Border Patrol to keep the 
illegal drugs out of our country that are preying on our young people.
  This is a priority. It is an emergency. It is a war that we are 
losing, and we are going to try to fix it. But we must have the support 
of the INS to do it. We are going to give them pay raises. We are going 
to create another office in the Border Patrol for recruitment and 
retention to tell us what else we need to do, and we are going to fix 
this problem if we can have a hand-to-hand relationship with the INS 
and the Border Patrol.
  It is inexcusable that they did not come to us earlier to tell us 
they were this far behind. We are going to fix this problem. We are not 
going to sit back and let the children of our country be absorbed in 
drugs that are illegally crossing the border and made available to 
young people who are not yet mature enough to know what to do when they 
are approached.
  Mr. President, we are trying to do our part. I call on the INS and 
the Border Patrol and this administration to do their part, because we 
are not going to take it anymore. We are going to solve this problem. 
We are going to put the resources in it. If the INS will put those 
resources to work and be creative and innovative and dogged in their 
determination, we will make a difference, but we can't do it without 
their commitment.
  Thank you, Mr. President.
  Mr. HOLLINGS. Will the distinguished Senator yield?
  Mrs. HUTCHISON. I yield to the Senator from South Carolina.
  Mr. HOLLINGS. I thank the Senator for the introduction. I ask 
unanimous consent that I be made a cosponsor.
  Mrs. HUTCHISON. I would be pleased to add Mr. Hollings as an original 
cosponsor.
  Mr. HOLLINGS. I would like to say a word about this particular 
problem.
  Is the Senator yielding the floor?
  Mrs. HUTCHISON. I thank the Senator from South Carolina, because he 
has provided leadership and support in our committee and because he has 
the training agency that is sitting empty right now in his State. They 
do a great job training our agents. He knows what a problem this is. I 
look forward to his remarks. I appreciate his support, and I appreciate 
his leadership in the past on trying to help us recruit. I think this 
is something that is in the interest of all of us to solve so that 
every school in America will be drug free.
  I yield the floor.
  Mr. HOLLINGS. Mr. President, let me thank the distinguished Senator 
from Texas. She is right on target. We have graduated over 2,000 agents 
from the finest school down there for Border Patrol agents. Two who 
trained there have already been killed.
  I have visited from time to time. The matter of pay is the issue. We 
advertise and we solicit in the local area over the entire State--and 
nationally--and it is a pay problem.
  I hope we can confront it.
  Mr. McCAIN. Mr. President, I join Senator Kyl and the other co-
sponsors in introducing legislation that I hope will significantly 
improve the Border Patrol's ability to recruit and retain the talented 
individuals we need to guard our nation's borders against illegal 
immigration and illicit drugs. This legislation is timely and 
important. I hope we can act on it promptly.
  As my colleagues know, the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 mandated the addition of 1,000 new Border 
Patrol agents annually through 2001 as a means of providing better 
enforcement against illegal immigration, particularly along the 
southwest border. Unfortunately, this Administration has seen fit to 
request full funding for those authorized agents in only one year since 
we passed that law.
  Moreover, problems in recruiting and retaining Border Patrol agents 
have resulted in a net increase of only several hundred new agents 
annually. Thus, during the current fiscal year, for which we did in 
fact appropriate funds for 1,000 new agents, the recruiting and 
retention problems are such that the Border Patrol will see a net 
increase in its ranks of only several hundred agents. Indeed, Border 
Patrol Chief Gus de la Vina testified before the Senate Immigration 
Subcommittee only yesterday that, despite the Congressional mandate to 
add 1,000 new agents this year, the Border Patrol only anticipates 
hiring between 200 and 400 agents. Arizona, which had anticipated 
receiving about 400 of the 1,000 new agents slated for FY 1999, will 
now receive fewer than 150. We can and must do better than that.
  The Border Patrol's Tucson sector last month recorded a record 60,537 
illegal immigrant detentions, raising this year's total to more than 
200,000. And the Tucson sector does not even cover the entire Arizona 
border with Mexico. The immigration problem in my state is getting 
worse, not better, as the President's decision to request funding for 
no new agents in FY 2000 implies. The Border Patrol's inability to hire 
the required number of new agents even as towns like Douglas, Arizona 
face a rising tide of illegal immigrants does not inspire confidence in 
its ability to properly carry out its mission.
  Our legislation would promote all Border Patrol agents who have 
completed at least one year at the GS-9 level, and who are rated as 
fully successful or higher, to the GS-11 rank, placing them on a 
professional level commensurate with their peers in other Federal law 
enforcement agencies. Our bill would also create an Office of Border 
Patrol Recruitment and Retention to develop outreach programs for 
prospective Border Patrol agents, develop programs to provide retention 
incentives, and make recommendations about Border Patrol salaries and 
benefits. It is our hope that this legislation will help reverse the 
outflow of skilled agents from the Border Patrol, as well as make such 
service more appealing to the talented men and women it relies on.
  America's Border Patrol agents perform critical work but have been 
underappreciated for years. It's time we changed that. The premise of 
our legislation is the Border Patrol agents, whose duties involve 
considerable risks and require unique abilities, perform work as 
important as many of our other Federal law enforcement agents and 
should be compensated accordingly. Similarly, the Border Patrol should 
develop personnel policies to attract more of our best and brightest. 
At a time when we are having trouble hiring and retaining new agents, 
and as pressure from illegal immigration intensifies in some areas, 
especially southern Arizona, we cannot afford not to take better care 
of the men and women of the U.S. Border Patrol. Our legislation makes 
meaningful progress toward that end.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Snowe):
  S. 913. A bill to require the Secretary of Housing and Urban 
Development to distribute funds available for grants under title IV of 
the Stewart B. McKinney Homeless Assistance Act to help ensure that 
each State received not less than 0.5 percent of such funds for certain 
programs, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.


            THE HOMELESSNESS ASSISTANCE FUNDING FAIRNESS ACT

  Ms. COLLINS. Mr. President, I rise today to introduce the 
Homelessness Assistance Funding Fairness Act. I introduce this bill in 
conjunction with my House colleague, Congressman John Baldacci, who is 
sponsoring a companion bill in the House. Congressman Baldacci and I 
have been working on issues involving the homeless for some time, in 
our attempt to devise an approach that will distribute federal funds 
more equitably and effectively.
  Congress has taken important steps to begin to address the root 
causes of homelessness in America. Some of the most important are the 
Continuum of Care programs which provide grants that link neighborhood 
partnerships and community services with shelter.

[[Page 7951]]

The goal of Continuum of Care programs is self-sufficiency for people 
who are homeless, an approach that goes well-beyond the ``band aid'' 
solutions of yesteryear which provided the homeless only a bed for the 
night. Continuum of Care programs support treatment and counseling 
programs in conjunction with shelter, recognizing the hard reality that 
many homeless people must overcome serious substance abuse, addiction, 
and mental health problems before a life of permanent housing and 
stability is possible.
  Under the leadership of VA-HUD Appropriations Subcommittee Chairman 
Bond, Congress has recognized the great importance of Continuum of Care 
programs, and has risen to the challenge to provide this broad spectrum 
of care by appropriating $975 million last year for homeless assistance 
grants, a large portion of which are Continuum of Care grants.
  Although the strategy behind the Continuum of Care grant programs has 
been saluted for its logic, the Department of Housing and Urban 
Development's administration of the competitive award process that 
allocates this funding has not been similarly celebrated.
  The unfortunate experience of the State of Maine last year is 
illustrative of the problems in the distribution of funding. Maine 
submitted two Continuum of Care grant applications in 1998, one to 
address the needs of the City of Portland, and another to serve the 
needs of much of the remainder of the state.
  In December 1998, HUD announced the Continuum of Care grant 
recipients and Maine was shocked to learn the State would receive no 
funding through the grant process. After some investigation, my office 
determined that the scores for both the Maine applications were within 
two points of a passing grade. Nevertheless, Continuum of Care HUD 
homeless assistance funding distributed to Maine went from $3.7 million 
to zero, despite the fact that in 1998 Secretary Cuomo had awarded 
programs which received funding through the Continuum of Care program 
the ``best practices'' award of excellence.
  Following a vigorous public campaign by Maine residents, and the 
repeated intervention of Maine's congressional delegation, HUD provided 
a small portion of the original request to the City of Portland outside 
the competitive process. The money, though welcomed, was far from 
enough to allow Portland to meet the needs of its homeless population.
  The human cost of this bureaucratic determination is immense. In 
light of the ongoing needs of the homeless in Maine, as well the often 
harsh weather conditions in our region of the country, HUD's decision 
was particularly troubling.
  The experience of the state of Maine has convinced me not only of the 
critical need for funding of these projects, but also of the need to 
re-evaluate the process for distributing these funds. No state should 
be wholly shut out of the funding award process, because it is an 
unfortunate reality that all states have homeless people with 
significant needs.
  In response to the unfortunate experience of the State of Maine last 
year, the legislation I am proposing specifically directs the 
Department of Housing and Urban Development to provide a minimum 
percentage of Continuum of Care competitive grant funding to each 
state. This will create a safety net for the homeless of each state, 
without ending the competitive process that recognizes programs of 
special merit or need. My legislation also directs HUD to distribute 
this funding to a state's priority programs should the state only 
receive this mandatory minimum.
  This legislation is not only driven by basic questions of fairness to 
all states, but by the significant and often forgotten needs of 
homeless people living in rural America.
  The problem of homelessness is often mischaracterized as an exclusive 
problem of urban areas. However, homelessness in Maine, and in many 
rural communities across our country, is a large and growing problem. 
From 1993 to 1996, Maine experienced an increase in its homeless 
population of almost 20%--it is estimated that more than 14,000 people 
are homeless in my home state today. In a state of only 1.2 million 
people, this is a troubling percentage of the population.
  A recent article in the Christian Science Monitor perhaps said it 
best: ``If the urban homeless are faceless and nameless. . . then the 
rural homeless are practically invisible.'' However, Mr. President, 
that does not mean they do not exist. Unlike homeless individuals in 
urban areas who are seen on busy streets everyday, rural individuals 
living in poverty often subsist in relative isolation.
  The 27,000 Maine households with incomes of less than $6,000 annually 
teeter on a shadowy brink where income cannot guarantee shelter. When 
fortune turns sour, it is these families who find themselves without 
decent shelter. When substance abuse or mental illness afflicts the 
parents, the likelihood of homelessness escalates. Indeed, in Maine, 24 
percent of visitors to Maine homeless shelters are families with 
children.
  The problem of providing services to homeless people is compounded by 
many challenges. In some areas of Maine, geographic isolation is the 
most critical obstacle to receipt of services; in others, rising 
housing costs makes obtaining housing exceedingly difficult for the 
marginally employed. Both these circumstances are compounded by the 
significant substance abuse and mental health problems prevalent among 
the homeless population in Maine as in all areas of the country.
  I am proud to say that the people of Maine have developed many 
innovative programs to assist our homeless population. Through programs 
like the Bangor Area Homeless Shelter, which fills the immediate needs 
of outreach, shelter and counseling to area homeless, and more long 
term programs like Shalom House, which provides services and shelter 
for the mentally ill, the Preble Street Resource Center, which provides 
job training, social services and medical care among its many services, 
and the YWCA, which provides programs to assist teen age moms, Mainers 
have worked hard to reach out and assist those in need and to provide 
effective care and outreach for Maine's homeless people.
  I recently had the opportunity to visit with the staff and clients of 
a shelter in Alfred, Maine, that is making a real difference in the 
lives of homeless men and women. As one man who has battled both severe 
alcoholism and mental illness told me, ``The people at this shelter 
saved my life. Without their help, I'd be dead on the street. But now, 
I can see a future for myself.'' Significantly, 90 percent of the 
homeless people served by this York County Shelter face serious 
problems with substance abuse or mental illness.
  These programs, and others like them, depend on federal funding, and 
its unexpected loss last year has left my state scrambling to make up 
for this serious shortfall. I hope you will join me in supporting this 
legislation that will prevent other states from facing this same 
misfortune. All states deserve at least a minimum percentage of 
homeless funding available through the Continuum of Care grants, 
because no state has yet solved the problems faced by its homeless men, 
women and children.
  Ms. SNOWE. Mr. President, I rise in support of legislation being 
introduced by my colleague from Maine, Senator Collins, the Homeless 
Assistance Funding Fairness Act.
  This bill will set a minimum allocation for state homeless funding by 
the U.S. Department of Housing and Urban Development (HUD) in an effort 
to prevent future repeats of a situation that Maine faced this year 
when HUD denied applications for homeless funding from the Maine State 
Housing Authority and the city of Portland, Maine's largest city.
  Maine was one of just four states denied funding this year under HUD 
homeless programs--and that is a situation that no state should have to 
endure. HUD took steps to partially rectify this situation since the 
original announcement, but this legislation will assure minimum funding 
for every state and assure a fairer allocation of funding in the 
future. The legislation requires HUD to provide a minimum of 0.5 
percent of funding to each state

[[Page 7952]]

under Title IV of the Stewart B. McKinney Homeless Assistance Act.
  Mr. President, it may interest my colleagues to learn a little more 
about the problem that inspired this legislation. In January, HUD 
issued grant announcements for its Continuum of Care program--which 
provides rental assistance for those who are or were recently 
homeless--but denied applications by the Maine State Housing Authority 
and by the city of Portland, leaving the state one of only four not to 
receive funds.
  The Maine congressional delegation immediately protested the decision 
to HUD Secretary Andrew M. Cuomo, and I wrote and spoke repeatedly with 
Secretary Cuomo about the decision--to encourage HUD to work with Maine 
homeless providers to find an acceptable solution. I also contacted the 
Senate Appropriations Subcommittee on Veterans' Affairs and Housing and 
Urban Development and asked committee members to examine the issue as 
well.
  HUD officials restored about $1 million in funding to the city of 
Portland, but refused to restore State homeless funding. In 1998, Maine 
homeless assistance providers received about $3.5 million from the 
Continuum of Care Program, and this year the State had requested $1.2 
million for renewals and $1.27 million to meet additional needs. MSHA, 
which coordinates the program, estimates that many individuals with 
mental illness or substance abuse problems who have been receiving rent 
subsidies will lose those subsidies over the course of the next six 
months as a result of HUD's failure to fund Maine programs. This in 
spite of the ``proven track record'' of Maine homeless programs, 
including praise by Secretary Cuomo during his visit to Maine in August 
1998.
  Without this homeless assistance, basic subsidized housing and 
shelter programs suffer, and it is more difficult for the State to 
provide job training, health care, child care, and other vital services 
to the victims of homelessness, many of whom are children, battered 
women, and others in serious need.
  In 1988, 14,653 people were temporarily housed in Maine's emergency 
homeless shelters. Alarmingly, young people account for 30 percent of 
the population staying in Maine's shelters, which is approximately 135 
homeless young people every night. Twenty-one percent of these young 
people are between 5\1/2\ with the average age being 13. Meanwhile, 
Maine earmarks more funding per capita for the elderly, disabled, 
mentally ill, and poor for services and support programs then the 
majority of other states, even though it ranks 36th nationwide in per 
capita income.
  In closing, I would simply reiterate that Maine was not the only 
state that was frozen out of the process this year. Without 
congressional intervention, what state will be next? This makes it all 
the more important that changes be made to our homeless policy to 
ensure that no state falls through the cracks. As such, I urge my 
colleagues to join Senator Collins and myself in a strong show of 
support for this legislation.
                                 ______
                                 
      By Mr. SMITH of New Hampshire (for himself, Ms. Snowe, Mr. 
        Warner, Mr. Voinovich, Ms. Collins, Mr. Abraham, Mr. Robb, Mr. 
        Hagel, and Mr. Lugar):
  S. 914. A bill to amend the Federal Water Pollution Control Act to 
require that discharges from combined storm and sanitary sewers conform 
to the Combined Sewer Overflow Control Policy of the Environmental 
Protection Agency, and for other purposes; to the Committee on 
Environment and Public Works.


      combined sewer overflow control and partnership act of 1999

  Mr. SMITH of New Hampshire. Mr. President, I would like to take a few 
minutes to introduce important environmental legislation that will have 
a significant and positive impact on our nation's waterways. Today, 
along with my colleague from Maine, Senator Snowe, and seven other 
cosponsors, I am introducing the Combined Sewer Overflow Control and 
Partnership Act of 1999.
  While the title of this bill, indeed, the subject matter itself, may 
not be the most exciting, front-burner policy issue of the day, the 
control of overflows from sewer systems is a serious environmental and 
financial concern for hundreds of communities across this country. For 
my own state of New Hampshire, there are six communities with combined 
sewer overflow, or CSO, problems. The cities of Manchester, Nashua, 
Portsmouth, Exeter, Berlin, and Lebanon are all facing this challenge.
  I have worked closely with the mayors of these cities over the past 
several years and have seen first-hand the environmental problems. This 
legislation is aimed at helping CSO communities comply with Clean Water 
Act mandates to reduce or eliminate overflows into nearby rivers and 
streams. CSOs are the last permitted point source discharges of 
untreated or partially treated sewage into the nation's waters. For 
those colleagues who don't have CSO communities in their states, I'll 
briefly explain what they are.
  Combined sewer systems collect sanitary sewage from homes and office 
buildings during periods of dry weather for conveyance to wastewater 
treatment plants for treatment. However, these systems also receive 
storm water during wet weather, which typically causes a hydraulic 
overload of the system, triggering the discharge of untreated 
wastewater to receiving waters through combined sewer overflow 
outfalls. Not a pleasant sight.
  Most combined systems were installed at the turn of the century when 
they were state-of-the-art sewer technology, mainly in the Northeast 
and Midwest regions of the country. Controlling or eliminating CSO 
discharges is an enormously expensive proposition that often requires 
communities to completely rebuild their sewer systems. The national 
cost estimates to complete this job range from $50 billion to $100 
billion. Compounding the sheer financial magnitude of the CSO problem 
is the fact that the vast majority of the approximately 1,000 CSO 
communities nationwide have less than 10,000 residents, or ratepayers. 
These ratepayers could pay hundreds of dollars more per year on their 
water bills without this legislation. With these statistics, it is not 
surprising that a CSO control program often poses the single largest 
public works project in a CSO community's history.
  Although the Federal Clean Water Act does not specifically speak to 
the issue of combined sewers, it has been interpreted to require the 
control and treatment of CSO discharges. Recognizing the financial 
burden this would pose on small towns, in 1994, the Environmental 
Protection Agency issued the ``Combined Sewer Overflow Policy,'' which 
allowed CSO control programs to be developed in the most cost-
effective, flexible and site-specific manner possible. This policy was 
developed with the input from many stakeholders, including local 
governments, environmental groups, and engineering firms, and was 
viewed as a major step forward in tackling this problem through 
commonsense means.
  Unfortunately, this policy is just an administrative policy and lacks 
statutory authority. So, one of the most important provisions of this 
bill would essentially codify or affirm EPA's CSO Policy. This 
provision will give CSO communities the legal protection and regulatory 
relief they so desperately need. A key component of the CSO Policy is 
to ensure that water quality standards are consistent with whatever CSO 
control plans are mandated.
  The second part of the bill sets up a partnership between the Federal 
Government and our local governments by authorizing five years of 
funding assistance for these communities. While there is a State 
revolving loan fund under the Clean Water Act that provides loan 
assistance to municipalities for water treatment, the SRF cannot 
possibly meet the needs of these CSO communities. The financial burden 
of CSO control programs generally far exceed the capacity of local 
ratepayers to assume the full cost.
  I emphasize that ratepayers cannot assume the full cost of these 
programs.
  While this bill does authorize new funding assistance, I do not 
intend for

[[Page 7953]]

this funding to increase EPA's overall budget. As many of my colleagues 
are aware, numerous earmarks for CSOs or other public works projects 
are frequently included in appropriations bills. I am hoping that the 
existence of a CSO assistance program at EPA will discourage the 
practice of earmarking specific projects and seek competitive funding 
through this program.
  In conclusion, Mr. President, I would like to add that this 
legislation has been endorsed by the CSO Partnership, a recognized 
coalition of CSO communities and mayors. I would also like to thank 
Senator Snowe for her support and assistance on this legislation, as 
well as the other original cosponsors: Senators Warner, Voinovich, 
Collins, Abraham, Robb, Hagel, and Lugar. I am hopeful that we will 
have an opportunity to consider this legislation in the Environment and 
Public Works Committee and the full Senate sometime this year. It is 
both proenvironment and procommunity and I ask for my colleagues 
support and welcome their cosponsorship.
                                 ______
                                 
      By Mr. GRAMM (for himself, Mrs. Hutchison, Mr. Mack, and Mr. 
        Coverdell):
  S. 915. A bill to amend title XVIII of the Social Security Act to 
expand and make permanent the Medicare subvention demonstration project 
for military retirees and dependents; to the Committee on Finance.


  Legislation expanding and making permanent the medicare subvention 
       demonstration project for military retirees and dependents

  Mr. GRAMM. Mr. President, along with Senators Kay Bailey Hutchison, 
Connie Mack, and Paul Coverdell, I am introducing legislation today 
which will expand the opportunities for military retirees to use their 
Medicare coverage to pay for treatment at military medical facilities. 
By giving our military retirees this option, we fulfill a health care 
promise that America has made to every man and woman who has retired 
from our armed forces after a career of exemplary service.
  Upon retirement after twenty or more years of military service, our 
nation promises to provide military health care to our retirees for the 
rest of their lives. This promise is one of the most important 
commitments our country makes to its military retirees. Unfortunately, 
for many military retirees age 65 and over, this promise is being 
broken. More and more of the 65 and over retirees have found themselves 
unable to receive care on a space-available basis at their local 
military medical facility. For these retirees, America's promise of 
health care for life is not being honored.
  Ironically, many of these military retirees are entitled to Medicare 
in addition to their military health care eligibility. An estimated 1.2 
million Americans fit into this ``dual-eligible'' category, with over 
300,000 of them regularly using military medical treatment facilities 
for their health care. The result is that the Department of Defense 
effectively subsidizes Medicare at the rate of approximately $1.4 
billion per year to treat these dual-eligible beneficiaries.
  As a first step toward fulfilling America's promise to military 
retirees 65 and over, Congress passed my proposal for a three-year 
demonstration project as part of the Balanced Budget Act of 1997. Under 
this demonstration project, known as Medicare Subvention, over 28,000 
dual-eligible military retirees are being treated in military 
facilities at selected test locations across the country. For these 
retirees, Medicare is reimbursing the Department of Defense up to 95% 
of the amount Medicare would pay Health Maintenance Organizations for 
similar care. Unfortunately, the limited scope of the demonstration 
project means that the majority of dual-eligible retirees are still 
unable to receive the treatment they have earned at the military 
facilities in their hometowns.
  The bill we introduce today will keep the health care promise America 
made to her military retirees 65 and over by expanding the 
demonstration project and by ultimately making Medicare Subvention 
permanent across the country. Specifically, this bill will expand the 
test locations for the demonstration project to 16 sites effective 
January 1, 2000. At these 16 sites, the demonstration project will 
become permanent. In addition, on October 1, 2002, the bill expands 
Medicare Subvention to any military medical treatment facility approved 
by the secretaries of Defense and Health and Human Services.
  This bill not only fulfills commitments America made in the past, it 
gives meaning and credibility to promises America is making to our 
military service members today. If America does not keep her word to 
those served during World War II, Korea, Vietnam, and the cold war, how 
can we expect America's best and brightest to dedicate their careers to 
serve this country in the future? We must act now to ensure that 
America's defense in the future will be as strong as it has been in the 
past. I ask my colleagues to support this important legislation. Mr. 
President, I ask unanimous consent that the text of a letter of support 
for the bill, signed by the Military Coalition, which is a consortium 
of military and veterans associations, be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                       The Military Coalition,

                                   Alexandria, VA, April 27, 1999.
     Hon. Phil Gramm,
     U.S. Senate,
     Washington, DC.
       Dear Senator Gramm: The Military Coalition, a consortium of 
     military and veterans associations representing more than 
     five million current and former members of the uniformed 
     services, plus their families and survivors, is very grateful 
     for your leadership in developing legislation to expand and 
     make permanent TRICARE Senior Prime (the Medicare Subvention 
     demonstration project for Medicare-eligible uniformed 
     services beneficiaries). TRICARE Senior Prime has been 
     successfully implemented in all of the demonstration sites 
     and, by all accounts, has been very well received by eligible 
     beneficiaries at each site. The Department of Defense has 
     also expressed a strong desire to expand this program to 
     other sites across the country wherever feasible. Your 
     initiatives to expand TRICARE Senior Prime to ten additional 
     locations by January 1, 2001 and then across the remaining 
     TRICARE Prime catchment areas not later than October 1, 2002 
     clearly meets a critical need for our Medicare-eligible 
     beneficiaries.
       The Military Coalition is particularly pleased that your 
     bill takes the additional step of making TRICARE Senior Prime 
     a permanent program. The Coalition has been concerned that 
     some older retirees have refrained from participating in 
     TRICARE Senior Prime because of their perception that the 
     temporary nature of the demonstration program could place 
     participants at financial risk. Beneficiaries need assurance 
     that this program will not disappear abruptly as so many of 
     their other health care benefits have, especially since 
     TRICARE Senior Prime is an integral part of fulfilling the 
     promise of health care for life for uniformed services 
     beneficiaries. Your bill takes a great step toward providing 
     retirees this assurance.
       The Military Coalition is also pleased that your 
     legislation would authorize non-enrollees to use TRICARE 
     Senior Prime services on a ``fee-for-service'' basis. The 
     Military Coalition believes this would be particularly useful 
     for the Department of Defense, as well as beneficiaries, 
     especially at some of the smaller facilities with little or 
     no inpatient capabilities where it might be difficult to 
     implement a Medicare HMO program.
       The Military Coalition wholeheartedly endorses your bill, 
     and will take whatever steps are necessary to encourage other 
     members of the Senate to co-sponsor this bill and have it 
     enacted as soon as the data from the existing test sites 
     validate that Medicare subvention is as valuable to DoD, 
     Medicare and the beneficiaries as we believe it is.
           Sincerely,
                                           The Military Coalition.
       (Signatures of Associations enclosed).
         Air Force Association, Air Force Sergeants Association, 
           Army Aviation Assn. of America, Assn. of Military 
           Surgeons of the United States, Assn. of the US Army, 
           Commissioned Officers Assn. of the US Public Health 
           Service, Inc., CWO & WO Assn., US Coast Guard, Enlisted 
           Association of the National Guard of the US, Fleet 
           Reserve Assn., Gold Star Wives of America, Inc., Jewish 
           War Veterans of the USA, Marine Corps Reserve Officers 
           Assn., National Guard Assn. of the US, National 
           Military Family Assn., National Order of Battlefield 
           Commissions, Naval Enlisted Reserve Assn., Naval

[[Page 7954]]

           Reserve Assn., Navy League of the US, Reserve Officers 
           Assn., Society of Medical Consultants to the Armed 
           Forces, The Military Chaplains Assn. of the USA, The 
           Retired Enlisted Assn., The Retired Officers Assn., 
           United Armed Forces Assn., USCG Chief Petty Officers 
           Assn., US Army Warrant Officers Assn., Veterans of 
           Foreign Wars of the US, and Veterans' Widows 
           International Network, Inc.

  Mr. COVERDELL. Mr. President, today I am proud to join my esteemed 
colleagues in introducing a bill that will expand and make permanent 
the Medicare Subvention demonstration program passed as part of the 
1997 Balanced Budget Agreement. I worked with Senator Gramm to pass 
that measure then and I am pleased to join him again today to move this 
program to its next level.
  Military retirees have had an increasingly difficult time obtaining 
the lifetime health care they were promised in return for 20 years of 
service to their country. The problem, largely, has been access. The 
number of military hospitals has decreased dramatically since the end 
of the cold war and TRICARE/CHAMPUS, the health care plan created to 
assist military retirees, not only is not available to a military 
retiree who is Medicare eligible, but also when it is available its 
reimbursement rates are so low many private practitioners will not 
accept it, forcing military retirees back into military hospitals on a 
``space available'' basis. Mr. President, you can see the vicious cycle 
this creates. Simply, put, military retirees are being shut out of the 
military health care system.
  Congress, in turn, has been looking for solutions to this lack of 
access. Last year I cosponsored a commonsense measure with Senator 
Thurmond. Our simple proposal would have given military retirees the 
option to enroll in the Federal Employees Health Benefits Plan, the 
same plan in which you and I and our staffs are enrolled, Mr. 
President. Congress acted on this idea by creating an FEHBP 
demonstration program. While not a total solution, the program has 
moved us in the right direction.
  Another commonsense measure, Mr. President, is Medicare Subvention. 
Currently, Medicare does not reimburse the Defense Department for 
health care services. This makes little sense considering that Medicare 
would reimburse any other private physician or medical care provider. 
If a Medicare-eligible military retiree lives near a military hospital 
he cannot use his Medicare and he cannot use TRICARE. He must find 
another insurance provider to help pay for his medical care. This is 
why, Mr. President, we passed a test of the Medicare Subvention in the 
105th Congress.
  Now we hope to move this concept forward. It is my understanding that 
while the program is working, the connotation of the word ``test'' is 
deterring military retirees who might otherwise enroll in a program 
they know to be permanent. This bill would solve that problem. Our bill 
also provides a fee-for-service Medicare option at certain Military 
Treatment Facilities if this would be a more cost effective approach 
for those facilities.
  Mr. President, this bill enjoys widespread support. The Military 
Coalition strongly favors an expansion of the Medicare subvention test. 
My colleague from Texas, Senator Gramm introduced for the Record a 
letter from the Coalition supporting this bill. Further, Congressman 
Hefley's bill in the House has already garnered 69 cosponsors. I 
believe this is a proposal Congress should move forward.
  Congress must continue to increase access to health care for our 
nation's military retirees. Medicare subvention is a commonsense 
approach to achieving this end. Thus far, based on the demonstration 
program, the parties involved feel that Medicare Subvention has been a 
success. Now we must let our military retirees know that when they 
enter this program the Government will not leave them in the lurch. 
This bill will do exactly that.
                                 ______
                                 
      By Mr. GRAMS (for himself, Mr. Feingold, Mr. Fitzgerald, Mr. 
        Abraham, Mr. Kohl, Mr. Hagel, Mr. Durbin, Mr. Allard, Mr. 
        Craig, Mr. Conrad, and Mr. Wellstone):
  S. 916. A bill to amend the Agricultural Market Transition Act to 
repeal the Northeast Interstate Dairy Compact provision; to the 
Committee on Agriculture, Nutrition, and Forestry.


                    dairy compact repeal legislation

  Mr. FEINGOLD. Mr. President, I rise to join the Senator from 
Minnesota, Senator Grams, in introducing a measure to repeal the 
Northeast Interstate Dairy Compact. The Northeast Dairy Compact was 
included in the 1996 farm bill during conference negotiations after it 
had been struck from the Senate version of the farm bill during floor 
consideration.
  Mr. President, support of this legislation is especially crucial as 
compact proponents have recently introduced a measure to make permanent 
and expand the Northeast Interstate Dairy Compact and establish a 
southern dairy compact. In other words, a measure devised to control 
three percent of the country's milk is now seeking 40% of the country's 
milk. The cost to consumers, taxpayers, and farmers outside the compact 
region are enormous.
  Mr. President, the Northeast Interstate Dairy Compact bill of 1996 
established a commission for six Northeastern States--Vermont, Maine, 
New Hampshire, Massachusetts, Rhode Island, and Connecticut--empowered 
to set minimum prices for fluid milk above those established under 
Federal Milk Marketing Orders. This sort or compact was unprecedented 
and unnecessary because the Federal milk marketing order system already 
provided farmers in the designated compact region with minimum milk 
prices higher than those received by most other dairy farmers 
throughout the nation. But they wanted more.
  This compact not only allows the six States to set artificially high 
fluid milk prices for their producers, it also allows those States to 
keep out lower priced milk from producers in competing States and 
provides processors within the region with a subsidy to export their 
higher priced milk to noncompact States.
  Mr. President, the arguments against this type of price-fixing scheme 
are numerous: It interferes with interstate commerce by erecting 
barriers around one region of the Nation; It provides preferential 
price treatment for farmers in the Northeast at the expense of farmers 
nationally and may now extend that privilege to the south; It 
encourages excess milk production in one region without establishing 
effective supply control that drives down milk prices for producers 
throughout the country; It imposes higher costs on the millions of 
consumers in the Compact region; It imposes higher costs to taxpayers 
who pay for nutrition programs such as food stamps and the national 
school lunch programs which provide milk and other dairy products and 
as a price-fixing mechanism, the compact it is unprecedented in the 
history of this Nation.
  Most important to my home State of Wisconsin, Mr. President, is that 
the Northeast Dairy Compact exacerbates the inequities within the 
Federal milk marketing orders system that already discriminates against 
dairy farmers in Wisconsin and throughout the upper Midwest. Federal 
orders provide higher fluid milk prices to producers the further they 
are located from Eau Claire, WI, for markets east of the Rocky 
Mountains.
  Wisconsin farmers have complained for many years that this inherently 
discriminatory system provides other regions, such as the Northeast, 
the Southeast, and the Southwest with milk prices that encourage excess 
production in those regions. Of course, that excess production drives 
down prices throughout the Nation and results in excessive production 
of cheese, butter, and dry milk.
  Cheese and other manufactured dairy products constitute the pillar of 
our dairy industry in Wisconsin. Competition for the production and 
sale of these products by other regions spurred on by artificial 
incentives under milk marketing orders has eroded our markets for 
cheese and other products.
  Mr. President, my State of Wisconsin loses more dairy farms each year 
than any other state. A recent survey by the

[[Page 7955]]

National Milk Producers Federation revealed that, between 1993 and 
1998, Wisconsin lost over 7000 dairy farms--that's three dairy farms a 
day! The number of manufacturing plants has declined from 400 in 1985 
to less than 230 in 1996. These losses are due in part, to the 
systematic discrimination and market distortions created by Federal 
dairy policies that provide artificial regional advantages that cannot 
be justified on any rational economic grounds.
  Lets look at their arguments: They claim this legislation is 
necessary to save their small dairy farmers, yet the bill does not 
target small operations. One year after the compact began, New England 
dairy farms went out of business at a 41% faster rate than in the prior 
two years.
  They also claim that consumers in their regions are willing to pay a 
higher price at the grocery store as a result of the compact. However, 
studies show that higher milk prices at the retail level result in a 
decline in milk consumption at home. According to economists, a 10% 
increase in price can lead to as much as an 8% decline in consumption. 
The spread of dairy compacts to include half of the U.S. population in 
the Northeast, the South and parts of the Midwest could drive up milk 
prices as much as 20%.
  Mr. President, my colleague from Minnesota, Senator Grams and I are 
on the floor today offering this legislation because the Northeast 
Dairy Compact reinforces the outrageous discrimination that has so 
wounded the dairy industry in our States. We have fought to change 
Federal milk marketing orders and we will fight to prevent the 
Northeast Dairy Compact from becoming permanent and expanding, and 
prevent the authorization of a southern compact. We will do all of 
these things in the name of basic fairness, simple justice and economic 
sanity in the marketplace. Upper Midwest dairy farmers have been bled 
long enough.
  When prices fall, as they have recently, all farmers feel the stress. 
Why should one farmer in a region arbitrarily suffer or benefit more 
than another farmer on a similar operation in another region because of 
this artificial finger on the scale called the compact. Regional 
inequities are the inherent assumption of compact proponents and a 
basic economic premise of the compact idea. Shouldn't we be working 
together to make conditions better for all dairy producers? Why should 
one region, and now multiple regions be treated differently?
  And yet the Northeast Compact provides price protection for dairy 
farmers in six States, insulating them from market conditions which 
ordinary noncompact farmers have to live with. Compact proponents have 
never been able to explain how conditions in the Northeast merit 
greater protection from market price fluctuations than other regions of 
the country. The fact that there are no compelling arguments made in 
favor of the compact that justified special treatment for the Northeast 
was emphasized by a vote in the full Senate to strike the compact from 
the 1996 farm bill. It was the only recorded vote on approval or 
disapproval of the Northeast Dairy Compact--and it killed the compact 
in the Senate. The way in which the compact was ultimately included in 
the 1996 farm bill also illustrates the weak justification for its 
approval. Let me remind my colleagues that the compact was never 
included in the House version of the farm bill and yet emerged as part 
of the bill after a closed door Conference negotiation. Legislation 
which is patently unfair and difficult to defend must frequently be 
negotiated behind closed doors rather than in the light of day.
  Even the Secretary of Agriculture, after approving the compact, was 
unable to come up with an economic justification for the compact. The 
Secretary's finding of `compelling public interest' as a basis for 
justifying his approval of the compact was so weak and unsupported by 
the public record that a suit was filed by compact opponents in Federal 
court charging that the Secretary violated the Administrative 
Procedures Act.
  Mr. President, authorizing dairy compacts is bad public policy 
because it increases costs to taxpayers and consumers and currently 
only benefits a few in privileged regions. It is bad dairy policy 
because it exacerbates regional discrimination of existing Federal milk 
marketing orders by providing artificial advantages to a small group of 
producers at the expense of all others. And it is bad economic policy 
because it establishes barriers to interstate trade--barriers of the 
type the United States has been working hard to eliminate in 
international markets.
  Mr. President, Congress should never have provided Secretary Glickman 
with authority to approve the compact. That in my view, was an improper 
and potentially unconstitutional delegation of our authority and it was 
irresponsible. It is the role of Congress to approve interstate 
compacts and we irresponsibly abrogated our responsibility in this 
matter. It is time to make it right.
  It is incumbent upon Congress to undo the mistake it made in the 1996 
farm bill. It's time to repeal the Northeast Interstate Dairy compact.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. GRAMS (for himself and Mr. Feingold):
  S. 917. A bill to equalize the minimum adjustments to prices for 
fluid milk under milk marketing orders; to the Committee on 
Agriculture, Nutrition, and Forestry.


                          the dairy reform act

  Mr. GRAMS. Mr. President, I rise today in order to call attention to 
one of the most onerous barriers currently facing American agriculture. 
It is a regional price-fixing cartel, which benefits only those 
producers within its own boundaries, at the direct expense of 
consumers. It is a patently unfair, unabashed attempt to distort basic 
principles of market forces. It is the Northeast Interstate Dairy 
Compact, which has been in effect in New England States since July 
1997.
  Today, Senator Russ Feingold of Wisconsin and I introduce the Dairy 
Fairness Act, which would repeal the Northeast Interstate Dairy 
Compact. As many southeastern States are passing enabling legislation 
to lay the groundwork in forming their own compacts, we feel it is 
necessary to once again review the notorious history of the Northeast 
Interstate Dairy Compact, and its negative impact on consumers and on 
all dairy farmers--with the notable exception, of course, of the 
largest dairy industries within the compact region.
  The 1996 FAIR Act included significant reforms for diary policy. It 
set the stage for greater market orientation in dairy, including reform 
of the archaic Federal milk marketing orders. Yet despite a strong vote 
by the Senate to strip the Northeast Interstate Dairy Compact from its 
version of the FAIR Act, and the deliberate exclusion of any compact 
language from the House version of the bill, a Northeast Interstate 
Dairy Compact provision was slipped into the conference report. This 
language called for the termination of the compact upon the completion 
of the Federal milk marketing order process. That would have been in 
April of 1999. Well, through last year's appropriations process, the 
implementation of USDA's Federal Milk Marketing Order reforms have been 
delayed by 6 months. Of course, this was not at the request of the 
USDA. With the delay came an automatic extension of this compact. This 
political maneuvering is outrageous, and it comes with a high price tag 
attached--a high price tag to be paid by milk drinkers, and the rest of 
the Nation's dairy farmers.
  The goals of the Northeast Dairy Compact have been clear since its 
inception. That was--to increase the profits of producers within the 
compact region, but at the expense of everyone outside of the compact. 
And by now, the obvious ramifications have been realized--higher milk 
prices within the compact region. This, not surprisingly, has led to a 
decrease in milk consumption. According to data from the Northeast 
Dairy Compact Commission, the compact, since it has been in effect, has 
added $46.5 million to the cost of milk in New England. As the fluid 
milk prices which consumers pay rise, the burden falls 
disproportionately on low-

[[Page 7956]]

income families, particularly those with small children. Low-income 
families spend a greater percentage of their income on food. They are 
harmed as a direct result of this compact.
  The compact is having other dramatic effects as well. The increase in 
prices which producers receive for their milk has led to surplus 
production, which has had a negative effect on other producers around 
the country. Conversion of this surplus milk into cheese, butter, and 
powder drives down prices for these products in other non-compact 
regions. Take milk powder, for instance. Some of the compact's excess 
supply has been converted into nonfat milk powder. Between October 1997 
and March 1998, New England produced 11 million more pounds of powder, 
60 percent more than it did in the same period of the preceding year. 
During that time, nonfat powder production in the U.S. increased by 
only 2 percent. Furthermore, between October 1, 1997 and March 31, 
1998, the nonfat milk powder glut in the U.S. drove prices so low that 
USDA had to spend nearly $41 million to buy surplus milk powder from 
dairy processors. Dairy producers outside of the compact region clearly 
are harmed as a direct result of the compact.
  In fact, the only real winners have been the largest industrial 
dairies of the Northeast. It is really no surprise. Just consider it: 
if the compact pays a premium per hundredweight of milk, and large 
industrial dairies are able to produce, for example, 15 to 20 times 
more than the ``typical'' traditional dairy farm that the compact was 
supposedly going to protect, who do you think the big winners are? It 
certainly isn't the traditional dairy farm. They are also put at a 
competitive disadvantage, and thanks again to regional politics. And so 
are dairies outside the compact region.
  We must keep sight of the fact that a dairy compact, or any sort of 
compact for that matter, is essentially a price-fixing scheme, which so 
abuses interstate commerce that it requires a special authorization of 
Congress. Otherwise it would violate Federal antitrust laws. We have 
come to the point where we must ask ourselves, as a nation, in which 
direction will we proceed concerning dairy policy. USDA has just 
presented its recommendations for Federal Milk Marketing Order reforms. 
It is not a great step in the way of reform, but at least it represents 
a rational attempt to decrease Federal interference in the dairy 
business and to treat producers all over the country a little more 
fairly. A national patchwork of compacts would render the Federal Milk 
Marketing Order reforms meaningless. It would essentially kill any hope 
for the beginning of real Federal reform. Interstate commerce in the 
milk industry would be so confusing it would be a confusing maze that 
harms consumers. While dairy was not included in the farm bill, it was 
always envisioned that a later dairy solution would conform to the free 
market concept of that farm bill.
  We all know that it is difficult in Washington to have the courage to 
bypass any of those quick-fix issues in favor of a long-range view 
which would produce better and sound dairy policies. But that is 
exactly what we need today. That is where real leadership comes into 
play. So let's be advocates for the traditional dairy farmers, not just 
the mega-dairies. What is required now is a complete overhaul of this 
backward-looking and just plain unfair compact legislation. Senator 
Feingold and I will continue to fight the Northeast Interstate Dairy 
Compact, and any other dairy compact that may be proposed. And we urge 
our colleagues to give all dairy farmers, in all areas of our country, 
the ability to compete on a level playing field.
  To this end, and in order to underscore the need for significant 
reform, Senator Feingold and I today also introduce the Dairy Reform 
Act, which would equalize the minimum adjustments to prices for fluid 
milk marketing orders at $1.80 per hundredweight of milk. This 
legislation, again, represents real reform, and a level playing field 
that will allow farmers to compete fairly and not have the Federal 
Government stand on the neck of dairy farmers in one area of the 
country while supporting those in others. It would allow producers to 
compete in a system where efficiencies--efficiencies--would be rewarded 
and they would be important according to market principles. The current 
system is so weighted against the Upper Midwest that our dairy farmers 
have to be twice as good just to be able to break even. The Dairy 
Reform Act proposes a marketing system which would truly be fair.
  Mr. FEINGOLD. Mr. President, today I rise in support of the Dairy 
Reform Act of 1999, introduced by my colleague from Minnesota, Senator 
Rod Grams.
  The Federal Dairy Program was developed in the 1930's, when the Upper 
Midwest was seen as the primary reserve for additional supplies of 
milk. The idea was to encourage the development of local supplies of 
fluid milk in areas of the country that had not produced enough to meet 
local needs. Six decades ago, the poor condition of the American 
transportation infrastructure and the lack of portable refrigeration 
technology prevented Upper Midwest producers from shipping fresh fluid 
milk to other parts of the country. Therefore, the only way to ensure 
consumers a fresh local supply of fluid milk was to provide dairy 
farmers in those distant regions with a boost in milk price large 
enough to encourage local production--that higher price referred to as 
the Class I differential. Mr. President, the system worked well--too 
well. Wisconsin is no longer this country's largest milk producer. This 
program has outlived its necessity and is now working only to 
shortchange the Upper Midwest, and in particular, Wisconsin dairy 
farmers.
  The Dairy Reform Act of 1998 is very simple. It establishes that the 
minimum Class I price differential will be the same, $1.80/
hundredweight, for each marketing order. As many of you know, the price 
for fluid milk increases at a rate of approximately 21 cents per 100 
miles from Eau Claire, WI. Fluid milk prices, as a result, are nearly 
$3 higher in Florida than in Wisconsin, more than $2 higher in New 
England, and more than $1 higher in Texas. This bill ensures that the 
Class I differentials will no longer vary according to an arbitrary 
geographic measure--like the distance from Eau Claire Wisconsin. No 
longer will the system penalize producers in the Upper Midwest with an 
archaic program that outlived its purpose years ago. This legislation 
identifies one of the most unfair and unjustly punitive provisions in 
the current system, and corrects it. There is no substantive, equitable 
justification to support non-uniform Class I differentials in present 
day policy.
  USDA's Federal Milk Marketing Order reform proposal was recently 
published. Although the USDA was successful in narrowing Class I 
differentials, discrepancies still exist. It is long past the time to 
set aside regional bickering and address the problems faced by dairy 
producers in all regions. The Dairy Reform Act of 1999 will make a 
change to USDA's proposed rule which will make the entire package more 
palatable for Wisconsin's producers. It will take USDA's proposal a 
step further and lead the dairy industry into a more market oriented 
program. Also producers will still be able to receive payment for 
transportation costs and over-order premiums. This measure would 
finally bring fairness to an unfair system. With this bill we will send 
a clear message to USDA and to Congress that Upper-Midwest dairy 
farmers will never stop fighting this patently unfair federal milk 
marketing order system. After over 60 years of struggling under this 
burden of inequality, Wisconsin's dairy industry deserves more; it 
deserves a fair price.
                                 ______
                                 
      By Mr. KERRY (for himself, Mr. Bond, Mr. Bingaman, Ms. Landrieu, 
        Mr. Harkin, Mr. Lieberman, Mr. Wellstone, Mr. Kohl, Mr. Burns, 
        Mr. Robb, Mr. Edwards, Mr. Levin, Mr. Graham, Ms. Snowe, Mr. 
        Akaka, Mrs. Murray, Mr. Cleland, Mr. Kennedy, Mr. Jeffords, Ms. 
        Collins, Mr.

[[Page 7957]]

        Abraham, Mr. Leahy, Mr. Baucus, Mr. Kerrey, Mr. Grassley, Mr. 
        Moynihan, Mrs Lincoln, Mr. Bayh, Mr. Chafee, Mr. Lautenberg, 
        Mr. Cochran, and Mr. Daschle):
  S. 918. A bill to authorize the Small Business Administration to 
provide financial and business development assistance to military 
reservists' small business, and for other purposes; to the Committee on 
Small Business.


          MILITARY RESERVIST SMALL BUSINESS RELIEF ACT OF 1999

  Mr. KERRY. Mr. President, I come to the floor today to introduce the 
Military Reservist Small Business Relief Act of 1999. I offer it on 
behalf of myself and 30 other colleagues: Senators Bond, Bingaman, 
Landrieu, Harkin, Lieberman, Wellstone, Kohl, Burns, Robb, Edwards, 
Levin, Graham, Snowe, Akaka, Murray, Cleland, Kennedy, Jeffords, 
Collins, Abraham, Leahy, Baucus, Bob Kerrey of Nebraska, Grassley, 
Moynihan, Lincoln, Bayh, Chafee, Lautenberg, Cochran, and Daschle. I 
thank these Senators for their support.
  Mr. President, a number of those colleagues I listed serve on either 
the Small Business Committee, the Armed Services Committee or on the 
Veterans Affairs Committee. However, all have joined me in a universal 
concern that I think goes across the aisle for the problems that 
reservists face when they are called suddenly to active duty. This bill 
will help small businesses whose owner, manager, or key employee is 
called to active duty. Most immediately, we are obviously looking at 
the question of service in Kosovo, but the act also applies to future 
contingency operations, military conflicts, or national emergencies.
  Since 1973, we have taken pains as a result of the Vietnam experience 
to build an all-volunteer military. Our reservists are much more than 
just weekend warriors. When they are called, they are an essential 
ingredient of any kind of long-term or significant deployment of 
American forces. I think everyone knows the contributions they have 
made as soldiers, sailors, airmen, marines and Coast Guard, serving our 
country in extraordinary ways in recent years.
  The National Guard and the Reservists have become a critical 
component of U.S. force deployment. In the Persian Gulf war they 
accounted for more than 46 percent of our total forces. The Acting 
Assistant Secretary for Defense for Reserve Affairs just Tuesday said 
that ``Reservists are absolutely vital to our national military 
strategy.''
  To support the NATO operations in the Balkans, Secretary of Defense 
Cohen has asked for and received the authorization to call up members 
of the Selected Reserve to active duty. President Clinton has 
authorized deployment of 33,000 reservists, but the initial callup 
includes only about 2,100 personnel. These first reservists come from 
Alabama, Arizona, California, Kansas, Indiana, Michigan, Pennsylvania 
and Wisconsin. A total of 1.4 million Americans currently serve in our 
seven Reserve components of the U.S. Armed Forces.
  When these folks are called up, even though they know they are in the 
Reserves and even though they know at some point in time they might be 
called to meet an emergency of our country, the fact is that nothing 
prepares their families or them for the remarkably fast transition that 
takes place. There are obviously emotional and personal hardships 
people have to deal with, but in addition to that there are significant 
financial realities.
  I have heard first-hand, talking to a number of vets who suffered 
this callup process, how difficult it is. One veteran told the ``Boston 
Globe'' on the 1-year anniversary of the Persian Gulf War:

       The Gulf War is going to wind up having caused a lot of 
     stress for me personally and for my family. It didn't just 
     take a year out of my life. It's going to take a minimum of 
     another two years, because that's how long it's going to take 
     for us to catch up.

  I think it is imperative that we help these families and communities 
to bridge the gap between the moment when the troops leave and when 
they return. We are talking about people who fill all of the normal, 
everyday positions of commerce that help to keep this country strong--
bankers, barbers, mechanics, merchants, farmers, doctors, Realtors, 
owners of fast food restaurants--all kinds of positions that reservists 
hold and ultimately leave when they go to active duty.
  As some veterans of the Persian Gulf War know all too well, they left 
their businesses and their companies in good shape. They were earning a 
living, they were providing a service, they were adding to the tax 
base, they were creating jobs, and then they returned to hardships that 
range from bankruptcy to financial ruin; from deserted clients to 
layoffs.
  Even if you are not a small business owner, one has to ask what 
happens to one's family or to one's business or company during a 6- to 
7-month deployment if you or your key employee suddenly has to depart. 
Particularly in rural areas and small towns it can be extremely 
difficult to find a replacement.
  Let me share with you just one very quick story from my part of the 
country. For privacy purposes I am not going to use any names. However, 
I am going to talk about a physician from Raynham, MA. He was a 
lieutenant commander in the Navy Reserve and was called up for 
Operation Desert Storm as a flight surgeon in January 1991. For 10 
years he had been a solo practitioner. After only 6 months of service, 
he had to file bankruptcy. That bankruptcy affected not only him but 
his wife, his two employees, and their families. After 1 year on duty, 
he came home and he found he literally had no business, no clients at 
that point in time, and no job--no income as a consequence.
  We do not know for how long reservists will be called away, but 
whenever they return, we ought to make certain, to the degree we can, 
that the negative impacts are as minimal as possible. There is a way to 
do that. The way to do it is through this legislation.
  What we seek to do is to authorize the SBA, the Small Business 
Administration, to defer existing loan repayments and to reduce the 
interest rates on direct loans that may be outstanding to those who are 
called up. That would include disaster loans. The deferrals and 
reductions that are authorized by this bill would be available from the 
date that the individual reservist is called to active duty until 180 
days after his or her release from that duty.
  For microloans and loans guaranteed under the SBA's financial 
assistance programs, such as the 504 program or 7(a) loan programs, the 
bill directs the agency to develop policies that encourage and 
facilitate ways that SBA lenders can either defer or reduce loan 
repayments.
  For example, a microlender's ability to repay its debt to the SBA is 
obviously dependent upon the repayments from its microborrowers. So, 
with this bill's authority, if a microlender extends or defers loan 
repayment to a borrower who is a deployed military reservist, in turn 
the SBA would extend repayment obligations to the microlender.
  Second, the bill establishes a low-interest, economic injury loan 
program to be administered by the SBA through its disaster loan 
program. These loans would be specifically available to provide interim 
operating capital to any small business when the departure of a 
military reservist for active duty causes economic injury. Under the 
bill, such harm includes three general cases: No. 1, inability to make 
loan repayments; No. 2, inability to pay ordinary and necessary 
operating expenses; or, No. 3, inability to market, produce or provide 
a service or product that it ordinarily provides.
  Identical to the loan deferral requirements, an eligible small 
business can apply for an economic injury loan from the date that the 
company's military reservist is ordered to active duty, again until 180 
days after the release from active duty.
  Finally, the bill directs the SBA, and all of its private sector 
partners, such as the small business development centers, the women's 
business centers, to make positive efforts--proactive efforts--to reach 
out to those businesses affected by the call-up of military reservists 
to active duty, and to offer

[[Page 7958]]

business counseling and training. Those left behind to run the 
businesses, whether it is a spouse or a child or an employee, while the 
military reservist is serving overseas, may be inexperienced in running 
the business and need quick access to management and marketing 
counseling. We think it is important to do what we can to help bring 
those folks together, to keep the doors of the business open, and to 
reduce the impact of a military conflict and national emergency on the 
economy.
  Some people might argue--I have not heard this argument 
sufficiently--but it is not inconceivable that some people would say: 
Wait a minute now, reservists do not deserve this special assistance 
because they ought to know the inherent risks of their chosen role and 
they ought to be prepared for deployment.
  It is true you may live with those possibilities and those 
probabilities. It is also true it is very hard to pick up from the 
moment of notification to the moment of departure in as little as 3 
days, pulling all the pieces together sufficiently. During the Persian 
Gulf war, one reservist's wife, Mrs. Carolee Ploof of Middlebury, VT, 
reported that her family had 3 days to prepare for her husband's 
departure. She said: ``How do you prepare [for that]? I really think 
it's unfair that self-employed people have to lose their shirts to 
protect their country.'' So, from the moment her husband was mobilized, 
he reported for duty until 10 p.m. and then went home to try to teach 
his wife how to run the business--all in 48 hours before he was to 
depart.
  I think we should understand we are talking here about loans and 
extensions on loans. We are not talking about forgiveness, and we are 
not talking about grants. We are talking about a hand up, not a hand-
out. We are talking about trying to facilitate what is obviously a very 
difficult process.
  Finally, let me just say we are the people who designed the policy 
that made it so our military deployments for significant kinds of 
conflicts are, in fact, so Reserve-dependent. We did that for a lot of 
good reasons, not the least of which is that we have a great tradition 
in this country of citizen soldiers--a voluntary civilian component of 
our military service. We also know it is a significant way to reduce 
the costs of a standing army. The costs of carrying a standing army, in 
lieu of having reservists as the important component they are, millions 
of times outweighs the very small, targeted help we are talking about 
in this legislation.
  I thank my 30 other colleagues who are cosponsors of this bill. I 
hope that this legislation will move very rapidly through the Senate so 
reservists will know, and their families will know, that, should there 
be a greater deployment in the future, it will not come with the kind 
of loss, or double hit if you will, for the notion of service to our 
country.
  Mr. President, I ask unanimous consent the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 918

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Military Reservists Small 
     Business Relief Act of 1999''.

     SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS.

       Section 7 of the Small Business Act (15 U.S.C. 636) is 
     amended by adding at the end the following:
       ``(n) Repayment Deferred for Active Duty Reservists.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible reservist.--The term `eligible reservist' 
     means a member of a reserve component of the Armed Forces 
     ordered to active duty during a period of military conflict.
       ``(B) Owner, manager, or key employee.--An owner, manager, 
     or key employee described in this subparagraph is an 
     individual who--
       ``(i) has not less than a 20 percent ownership interest in 
     the small business concern described in subparagraph (D)(ii);
       ``(ii) is a manager responsible for the day-to-day 
     operations of such small business concern; or
       ``(iii) is a key employee (as defined by the 
     Administration) of such small business concern.
       ``(C) Period of military conflict.--The term `period of 
     military conflict' means--
       ``(i) a period of war declared by Congress;
       ``(ii) a period of national emergency declared by Congress 
     or by the President; or
       ``(iii) a period of a contingency operation, as defined in 
     section 101(a) of title 10, United States Code.
       ``(D) Qualified borrower.--The term `qualified borrower' 
     means--
       ``(i) an individual who is an eligible reservist and who, 
     received a direct loan under subsection (a) or (b) before 
     being ordered to active duty; or
       ``(ii) a small business concern that received a direct loan 
     under subsection (a) or (b) before an eligible reservist, who 
     is an owner, manager, or key employee described in 
     subparagraph (B), was ordered to active duty.
       ``(2) Deferral of direct loans.--
       ``(A) In general.--The Administration shall, upon written 
     request, defer repayment of principal and interest due on a 
     direct loan made under subsection (a) or (b), if such loan 
     was incurred by a qualified borrower.
       ``(B) Period of deferral.--The period of deferral for 
     repayment under this paragraph shall begin on the date on 
     which the eligible reservist is ordered to active duty and 
     shall terminate on the date that is 180 days after the date 
     such eligible reservist is discharged or released from active 
     duty.
       ``(C) Interest rate reduction during deferral.--
     Notwithstanding any other provision of law, during the period 
     of deferral described in subparagraph (B), the Administration 
     may, in its discretion, reduce the interest rate on any loan 
     qualifying for a deferral under this paragraph.
       ``(3) Deferral of loan guarantees and other financings.--
     The Administration shall--
       ``(A) encourage intermediaries participating in the program 
     under subsection (m) to defer repayment of a loan made with 
     proceeds made available under that subsection, if such loan 
     was incurred by a small business concern that is eligible to 
     apply for assistance under subsection (b)(3); and
       ``(B) not later than 30 days after the date of enactment of 
     this subsection, establish guidelines to--
       ``(i) encourage lenders and other intermediaries to defer 
     repayment of, or provide other relief relating to, loan 
     guarantees under subsection (a) and financings under section 
     504 of the Small Business Investment Act of 1958 that were 
     incurred by small business concerns that are eligible to 
     apply for assistance under subsection (b)(3), and loan 
     guarantees provided under subsection (m) if the intermediary 
     provides relief to a small business concern under this 
     paragraph; and
       ``(ii) implement a program to provide for the deferral of 
     repayment or other relief to any intermediary providing 
     relief to a small business borrower under this paragraph.''.

     SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' 
                   SMALL BUSINESSES.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting after the undesignated 
     paragraph that begins with ``Provided, That no loan'', the 
     following:
       ``(3)(A) In this paragraph--
       ``(i) the term `economic injury' means an economic harm to 
     a business concern that results in the inability of the 
     business concern--
       ``(I) to meet its obligations as they mature;
       ``(II) to pay its ordinary and necessary operating 
     expenses; or
       ``(III) to market, produce, or provide a product or service 
     ordinarily marketed, produced, or provided by the business 
     concern;
       ``(ii) the term `owner, manager, or key employee' means an 
     individual who--
       ``(I) has not less than a 20 percent ownership in the small 
     business concern;
       ``(II) is a manager responsible for the day-to-day 
     operations of such small business concern; or
       ``(III) is a key employee (as defined by the 
     Administration) of such small business concern; and
       ``(iii) the term `period of military conflict' has the 
     meaning given the term in subsection (n)(1).
       ``(B) The Administration may make such disaster loans 
     (either directly or in cooperation with banks or other 
     lending institutions through agreements to participate on an 
     immediate or deferred basis) to assist a small business 
     concern (including a small business concern engaged in the 
     lease or rental of real or personal property) that has 
     suffered or that is likely to suffer economic injury as the 
     result of the owner, manager, or key employee of such small 
     business concern being ordered to active military duty during 
     a period of military conflict.
       ``(C) A small business concern described in subparagraph 
     (B) shall be eligible to apply for assistance under this 
     paragraph during the period beginning on the date on which 
     the owner, manager, or key employee is ordered to active duty 
     and ending on the date that is 180 days after the date on 
     which such owner, manager, or key employee is discharged or 
     released from active duty.
       ``(D) Any loan or guarantee extended pursuant to this 
     paragraph shall be made at an

[[Page 7959]]

     annual interest rate of 4 percent, without regard to the 
     ability of the small business concern to secure credit 
     elsewhere.
       ``(E) No loan may be made under this paragraph, either 
     directly or in cooperation with banks or other lending 
     institutions through agreements to participate on an 
     immediate or deferred basis, if the total amount outstanding 
     and committed to the borrower under this subsection would 
     exceed $1,500,000, unless such applicant constitutes a major 
     source of employment in its surrounding area, as determined 
     by the Administration, in which case the Administration, in 
     its discretion, may waive the $1,500,000 limitation.
       ``(F) For purposes of assistance under this paragraph, no 
     declaration of a disaster area shall be required.''.
       (b) Conforming Amendments.--Section 4(c) of the Small 
     Business Act (15 U.S.C. 633(c)) is amended--
       (1) in paragraph (1), by striking ``7(b)(4),''; and
       (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 
     7(b)(6), 7(b)(7), 7(b)(8),''.

     SEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR 
                   MILITARY RESERVISTS' SMALL BUSINESSES.

       (a) In General.--Section 8 of the Small Business Act (15 
     U.S.C. 637) is amended by adding at the end the following:
       ``(l) Management Assistance for Small Businesses Affected 
     by Military Operations.--The Administration shall utilize, as 
     appropriate, its entrepreneurial development and management 
     assistance programs, including programs involving State or 
     private sector partners, to provide business counseling and 
     training to any small business concern adversely affected by 
     the deployment of units of the Armed Forces of the United 
     States in support of a period of military conflict (as 
     defined in section 7(n)(1)).
       (b) Enhanced Publicity During Operation Allied Force.--For 
     the duration of Operation Allied Force and for 120 days 
     thereafter, the Administration shall enhance its publicity of 
     the availability of assistance provided pursuant to the 
     amendments made by this Act, including information regarding 
     the appropriate local office at which affected small 
     businesses may seek such assistance.

     SEC. 5. GUIDELINES.

       Not later than 30 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall issue such guidelines as the Administrator determines 
     to be necessary to carry out this Act and the amendments made 
     by this Act.

     SEC. 6. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     the enactment of this Act.
       (b) Disaster Loans.--The amendments made by section 3 shall 
     apply to economic injury suffered or likely to be suffered as 
     the result of a period of military conflict occurring on or 
     after March 24, 1999.

  Mr. KOHL. Mr. President, more than 2,000 reservists were called up 
Tuesday to participate in NATO Operation Allied Force. These men and 
women who may serve for as long as nine months are making a great 
sacrifice, as are their family members and co-workers who are left 
behind.
  It is incumbent upon us to find ways to ease the burden of this 
service for our reservists, their families and their employers. Two 
weeks ago the Senate passed tax relief for those serving in Operation 
Allied Force. The legislation we are introducing today addresses the 
economic impact of taking reservists away from small businesses, 
whether the reservist is the owner, a manager or a key employee.
  The Military Reservists Small Business Relief Act allows small 
businessmen and women to defer loan payments on any direct loan from 
the Small Business Administration (SBA), including disaster loans. The 
bill directs SBA to come up with a policy for payment deferrals for the 
microloan program and loans guaranteed under one of SBA's financial 
assistance programs. Deferrals on loan payments would extend 180 days 
after the reservist's release from active duty.
  The bill also establishes a low interest economic injury loan program 
to provide interim operating capital to any small business experiencing 
economic harm because a military reservist has been called to active 
duty. The bill defines economic harm as being unable to provide goods 
or services that the business usually provides. SBA will administer the 
loan program through its disaster loan program.
  Recognizing the disruptions that may occur as a result of the recent 
call up, the Military Reservists Small Business Relief Act directs SBA 
and its private sector partners to mobilize their resources to offer 
business counseling and training to inexperienced employees or family 
members who are left behind to run businesses on their own when a 
reservist is called up.
  This legislation is modeled on similar legislation adopted during 
Operation Desert Storm. It is a practical response to the real and 
often overlooked impact of calling up military reservists. Wisconsin 
has some marvelous employers who are tremendously supportive of their 
employees who serve in the reserves. Several years ago, Schneider Truck 
of Green Bay, WI, was recognized as the Reserves Employer of the year 
by the Defense Department. Companies like Schneider do all they can to 
make it easier for reservists and their families to manage while the 
service member is on active duty. It is my hope that this legislation 
will help smaller companies and encourage them to provide reservists 
and their families with this kind of support.
  The men and women of the reserves are far more than ``weekend 
warriors,'' they are the backbone of our military. We are grateful for 
their willingness to serve. We thank the men and women of the reserves, 
their families, and their employers for their sacrifices and this 
service.
  Mr. LEVIN. Mr. President, the President has approved the call-up of 
up to 33,000 Reservists to support NATO operations over Kosovo. Reserve 
forces are playing an ever-increasing role in military operations. With 
the downsizing of our Active forces and the increased number of 
missions, our Armed Forces cannot operate successfully without use of 
our Reserve component resources. For example, of the 540,000 service 
members deployed to Saudi Arabia for Desert Shield/Desert Storm, 
228,000, or 42%, were reservists. Reservists have also answered the 
call for service in Operation RESTORE HOPE in Somalia, Operation UPHOLD 
DEMOCRACY in Haiti, and Operation JOINT ENDEAVOR/JOINT GUARD in Bosnia.
  National Guard and Reserve forces are involved in helping Central 
America recover from the devastation of Hurricane Mitch, and they are 
routinely called upon to respond to disasters in the United States. As 
the Reserve components are relied on more and more, even during nornal 
times they are called away from their civilian jobs more and more.
  The absence of these men and women from their families, jobs and 
businesses while they are serving their country on active duty will 
clearly present some hardships. We should do everything we can do to 
try minimize any economic hardships that might arise from their absence 
on their businesses and places of employment. That is why I have 
cosponsored the Military Reservists Small Business Relief Act that Mr. 
Kerry has introduced today to provide financial and business 
development assistance to military reservists' small businesses.
  This legislation will help military reservists who are called away 
from their jobs and businesses to serve the United States in any 
military operation with respect to Kosovo by allowing them to defer 
existing government guaranteed small business loans and giving them 
access to low interest rate government guaranteed loans to bridge any 
financial gap that might arise out of their absence. These Reservists 
will be eligible for assistance if they are an owner, manager or key 
employee of a small business.
  This legislation provides more generous loan repayment terms for 
small business reservists who have SBA loans. It does this by 
authorizing a deferral of loan repayments for small business reservists 
on any direct loan from the Small Business Administration (SBA), 
including disaster loans. Interest will not accrue during the time that 
the loan is deferred. The legislation also directs SBA to develop 
policies such as extending repayments of its government guaranteed 
loans such as micro loans or 7(a) loans for reservists who are called 
up for active duty. The deferrals will be available from the date the 
reservist is called to active duty until 180 days after his or her 
release from active duty.
  The legislation also establishes a low interest economic injury loan 
program to be administered by SBA through its disaster loan program. 
Such loans

[[Page 7960]]

would be made available to provide interim operating capital to any 
small business when the departure of a military reservist to active 
duty causes economic harm.
  The legislation also directs the SBA and its private sector partners 
to make every effort to reach out to those businesses affected by the 
absence of key employees who are Reservists and provide assistance such 
as businesses counseling and training for how to run the business in 
the absence of these key employees.
  I am pleased to be a cosponsor of this important legislation designed 
to reduce any economic hardship created by the absence of active duty 
reservists from their jobs and businesses and I hope the Senate will 
act on it quickly.
  Mr. JEFFORDS. Mr. President, it is widely known that our nation can 
no longer commit military force to conflicts, national emergencies and 
contingency operations without the participation of our National Guard 
and Reserves. This is expressly provided in our national military 
strategy. It is confirmed by the 300% increase in the pace of 
operations for our National Guard alone since Operation Desert Storm.
  While I enthusiastically support the full integration of our reserve 
components into a seamless Total Force, I recognize its potential to 
seriously affect our nation's small businesses. In most communities 
across this nation small businesses sustain the local economy, yet many 
of these businesses rely upon key employees, owners or managers who are 
also Guard members or Reservists subject to being called away to active 
duty. On Tuesday, the President approved the call-up of 33,102 members 
of the Selected Reserve to active duty in support of NATO operations in 
Yugoslavia. We cannot ignore the impact of this on our small 
businesses. The challenge is upon us. That is why I am happy to join 
Senator Kerry in introducing the Military Reservists Small Business 
Relief Act.
  For eligible reservists called to active duty in support of a 
declared war, national emergency or contingency operation, the bill 
provides in part:
  1. An authorization to defer loan repayments on any direct loan from 
the Small Business Administration (SBA), including disaster loans, to 
borrowers who are members of the Guard and Reserves called to active 
duty.
  2. A low interest economic injury loan program, administered by SBA, 
which would provide interim operating capital to any small business 
likely to suffer economic harm caused by the departure of an employee, 
who is a member of the Guard or Reserves called to active duty.
  3. Direction to the SBA and all of its private sector partners, such 
as the Small Business Development Centers, to offer business training 
and counseling to small business affected by a loss of an employee who 
is a member of the Guard or Reserves called to active duty.
  Given that our Guard and Reserve are shouldering an increasing share 
of our worldwide missions, we cannot overlook the effects of these 
operations on our civilian workforce and their civilian employers. This 
legislation ensures that we keep their interests in mind during periods 
of military conflict.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Lieberman, Mr. Kerry, and Mr. 
        Kennedy):
  S. 919. A bill to amend the Quinebaug and Shetucket Rivers Valley 
National Heritage Corridor Act of 1994 to expand the boundaries of the 
corridor; to the Committee on Energy and Natural Resources.


   quinebaug and shetucket rivers valley national heritage corridor 
                      reauthorization act of 1999

  Mr. DODD. Mr. President, I am pleased to join with my colleagues, 
Senator Lieberman, Senator Kerry, and Senator Kennedy, to introduce 
legislation to reauthorize the Quinebaug and Shetucket Rivers Valley 
National Heritage Corridor (Corridor). Congressman Gejdenson from 
Connecticut and Congressman Neal from Massachusetts will be introducing 
companion legislation today in other body.
  The 25-town area in eastern Connecticut was originally designated a 
Corridor in 1994, when the U.S. Congress passed and the President 
signed Public Law 103-449. The purpose of the Corridor is to encourage 
grassroots efforts to preserve historic and environmental treasures 
while promoting economic development. Today's legislation builds upon 
the success of the Corridor and extends it by including nine towns from 
Massachusetts and one additional town from Connecticut. The towns 
affected include Union, Connecticut, and the following towns in 
Massachusetts--Brimfield, Charlton, Dudley, East Brookfield, Holland, 
Oxford, Southbridge, Sturbridge, and Webster.
  Because this is an established Corridor which has been developing and 
implementing cultural, economic and environmental programs to preserve 
this beautiful and historic region of Connecticut, the legislation we 
are introducing increases the Corridor authorization level to $1.5 
million. This level of funding is consistent with recent new Corridor 
authorization levels of $1 million. Our Corridor has been significantly 
underfunded each year; I can only imagine the further great works that 
can be undertaken with adequate funding.
  Unfortunately, Connecticut ranks near the bottom among States in the 
amount of Federal land within its borders, such as National Parks, 
Recreation Areas, and Forests. That is why I joined with Congressman 
Gejdenson back in 1993 to introduce the original bill designating the 
Quinebaug and Shetucket Heritage Corridor and why I am advocating an 
increase in the size and scope of it. Extending through eastern 
Connecticut and soon southeastern Massachusetts, the Corridor is within 
a two hour's drive from the major metropolitan areas of Boston, New 
Haven, Hartford and New York.
  The Quinebaug and Shetucket Rivers Valley saw a rebirth with the dawn 
of the industrial age. Hundreds of mills were built along the banks of 
the rivers and this region became a leader in the textile industry. 
Today, the mills are quiet, many of them abandoned, and the valley is a 
picturesque area of rolling hills and beautiful farms. It offers 
landscapes for hiking and biking, rivers for canoeing and fishing, and 
abandoned mills which offer a glimpse at history. It is the birthplace 
of Revolutionary War hero Nathan Hale and the Prudence Crandall School, 
the site of the first teacher-training school for African-American 
women established in 1833. There are also many Native American and 
archaeological sites.
  The area is rich in history and those groups and individuals involved 
with the Corridor have developed a management plan to preserve local 
resources, enhance recreational potential and promote appropriate 
development. By joining forces with the people of Massachusetts, a more 
integrated system can be undertaken. The important historic and 
cultural resources do not stop at the border.
  In the few short years that the Corridor has been in place, its 
stewards have provided grants and technical assistance to towns and 
nonprofits embarking on historic preservation and research, economic 
development, tourism, natural resource conservation and recreation.
  The Corridor has public and private support throughout Connecticut 
and the regions in Massachusetts look forward to working with the 
existing partnerships to enhance their quality of life. It is the goal 
of the Corridor to ensure a healthy environment and robust economy 
compatible with the character of the region.
  Mr. President, I urge my colleagues to look favorably on this effort 
and I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 919

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``Quinebaug 
     and Shetucket Rivers Valley National Heritage Corridor 
     Reauthorization Act of 1999''.

[[Page 7961]]

       (b) References.--Except as otherwise expressly provided, 
     wherever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Quinebaug and Shetucket 
     Rivers Valley National Heritage Corridor Act of 1994 (16 
     U.S.C. 461 note; title I of Public Law 103-449).

     SEC. 2. FINDINGS.

       Section 102 is amended--
       (1) in paragraph (1), by inserting ``and the Commonwealth 
     of Massachusetts'' after ``State of Connecticut'';
       (2) by striking paragraph (2);
       (3) by redesignating paragraphs (3) through (9) as 
     paragraphs (2) through (8), respectively;
       (4) in paragraph (3) (as so redesignated), by inserting 
     ``New Haven,'' after ``Hartford,''; and
       (5) in paragraph (8) (as so redesignated), by striking 
     ``regional and State agencies'' and inserting ``regional, and 
     State agencies,''.

     SEC. 3. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS 
                   VALLEY NATIONAL HERITAGE CORRIDOR; PURPOSE.

       Section 103 is amended--
       (1) in subsection (a), by inserting ``and the Commonwealth 
     of Massachusetts'' after ``State of Connecticut''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Purpose.--The purpose of this title is to provide 
     assistance to the State of Connecticut and the Commonwealth 
     of Massachusetts, and their units of local and regional 
     government and citizens, in the development and 
     implementation of integrated natural, cultural, historic, 
     scenic, recreational, land, and other resource management 
     programs in order to retain, enhance, and interpret the 
     significant features of the land, water, structures, and 
     history of the Quinebaug and Shetucket Rivers Valley.''.

     SEC. 4. BOUNDARIES AND ADMINISTRATION.

       Section 104 is amended--
       (1) in the first sentence of subsection (a)--
       (A) by inserting ``Union,'' after ``Thompson,''; and
       (B) by inserting before the period at the end the 
     following: ``in the State of Connecticut, and the towns of 
     Brimfield, Charlton, Dudley, East Brookfield, Holland, 
     Oxford, Southbridge, Sturbridge, and Webster in the 
     Commonwealth of Massachusetts, which are contiguous areas in 
     the Quinebaug and Shetucket Rivers Valley, related by shared 
     natural, cultural, historic, and scenic resources''; and
       (2) by adding at the end the following:
       ``(b) Administration.--The Corridor shall be managed by 
     Quinebaug-Shetucket Heritage Corridor, Inc., in accordance 
     with the management plan and in consultation with the 
     Governors.''.

     SEC. 5. MANAGEMENT PLAN.

       Section 105 is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 105. MANAGEMENT PLAN.'';

       (2) by striking subsections (a) and (b);
       (3) by redesignating subsection (c) as subsection (a);
       (4) in subsection (a) (as so redesignated)--
       (A) in the subsection heading, by inserting ``Management'' 
     before ``Plan'';
       (B) by striking the first sentence and inserting the 
     following: ``The management entity shall implement the 
     management plan.'';
       (C) in paragraph (5), by striking ``identified pursuant to 
     the inventory required in section 5(a)(1)''; and
       (D) in paragraphs (6) and (7), by striking ``plan'' each 
     place it appears and inserting ``management plan''; and
       (5) by adding at the end the following:
       ``(b) Grants and Loans.--The management entity may, for the 
     purposes of implementing the management plan, make grants or 
     loans to the States, their political subdivisions, nonprofit 
     organizations, and other persons to further the goals set 
     forth in the management plan.''.

     SEC. 6. DUTIES OF THE SECRETARY.

       Section 106 is amended to read as follows:

     ``SEC. 106. DUTIES OF THE SECRETARY.

       ``(a) In General.--Upon request of the management entity, 
     the Secretary and the heads of other Federal agencies shall 
     assist the management entity in the implementation of the 
     management plan.
       ``(b) Forms of Assistance.--Assistance under subsection (a) 
     shall include provision of funds authorized under section 109 
     and technical assistance necessary to carry out this Act.''.

     SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.

       Section 107 is amended by striking ``Governor'' and 
     inserting ``management entity''.

     SEC. 8. DEFINITIONS.

       Section 108 is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``and the Commonwealth of Massachusetts'';
       (2) in paragraph (3), by inserting before the period at the 
     end the following: ``and the Governor of the Commonwealth of 
     Massachusetts'';
       (3) in paragraph (5), by striking ``means each of'' and all 
     that follows and inserting the following: ``means--
       ``(A) the Northeastern Connecticut Council of Governments, 
     the Windham Regional Council of Governments, and the 
     Southeastern Connecticut Council of Governments in 
     Connecticut (or any successor council); and
       ``(B) the Pioneer Valley Regional Planning Commission and 
     the Southern Worcester County Regional Planning Commission in 
     Massachusetts (or any successor commission).''; and
       (4) by adding at the end the following:
       ``(6) Management entity.--The term `management entity' 
     means Quinebaug-Shetucket Heritage Corridor, Inc., a not-for-
     profit corporation incorporated under the law of the State of 
     Connecticut (or a successor entity).
       ``(7) Management plan.--The term `management plan' means 
     the document approved by the Governor of the State of 
     Connecticut on February 16, 1999, and adopted by the 
     management entity, entitled `Vision to Reality: A Management 
     Plan', comprising the management plan for the Corridor, as 
     the document may be amended or replaced from time to time.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       Section 109 is amended to read as follows:

     ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this title--
       ``(1) $1,500,000 for any fiscal year; but
       ``(2) not more than a total of $15,000,000.
       ``(b) Cost Sharing.--Federal funding provided under this 
     title may not exceed 50 percent of the total cost of any 
     assistance provided under this title.''.

     SEC. 10. CONFORMING AMENDMENT.

       Section 110 is amended in the section heading by striking 
     ``SERVICE'' and inserting ``SYSTEM''.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Hollings, and Mr. 
        Inouye):
  S. 920. A bill to authorize appropriations for the Federal Maritime 
Commission for fiscal years 2000 and 2001; to the Committee on 
Commerce, Science, and Transportation.


         federal maritime commission authorization act of 1999

 Mrs. HUTCHISON. Mr. President, today I, with Senator McCain, 
Chairman of the Commerce Committee; Senator Hollings, the ranking 
member of the Commerce Committee; and Senator Inouye, ranking member of 
the Surface Transportation and Merchant Marine Subcommittee are 
introducing a bill to authorize appropriations for fiscal years 2000 
and 2001 for the Federal Maritime Commission (FMC).
  The Federal Maritime Commission is an independent agency composed of 
five commissioners. The Commission's primary responsibility is 
administering the Shipping Act of 1984 and enforcing the Foreign 
Shipping Practices Act and Section 19 of the Merchant Marine Act of 
1920. By doing so, the FMC protects shippers and carriers from 
restrictive or unfair practices of foreign-flag carriers. Currently, 
the Commission is engaged in the implementation of the Ocean Shipping 
Reform Act of 1998. The Act, which takes effect on May 1 of this year 
is the first major deregulation of international ocean shipping. This 
bill authorizes funding for the Commission to continue its important 
work.
  Specifically, the bill authorizes $15.6 million for the FMC for 
fiscal year 2000 and $16.3 million for fiscal year 2001. The fiscal 
year 2000 funding is $385,000 above the amount requested by the 
President in order to fund the appointment of the fifth commissioner 
and his or her staff.
  I look forward to working on this important legislation and hope my 
colleagues will join me and the other sponsors in expeditiously moving 
this authorization through the legislative process.
 Mr. McCAIN. Mr. President, I am pleased to join Senator 
Hutchison, Chairman of the Surface Transportation and Merchant Marine 
Subcommittee in introducing this bill.
  The Federal Maritime Commission has done a commendable job in its 
implementation of the Ocean Shipping Reform Act that takes effect on 
May 1, 1999. This measure will insure that the Commission can complete 
their implementation efforts and continue their other duties, 
administering the Shipping Act of 1984 and enforcing the Foreign 
Shipping Practices Act and Section 19 of the Merchant Marine Act of 
1920.
  I am pleased that the subcommittee is taking this action today and 
will join Senator Hutchison and the other sponsors in expeditiously 
moving this

[[Page 7962]]

authorization through the legislative process.
  Mr. HOLLINGS. Mr. President, I rise in support of the Federal 
Maritime Commission Authorization Act of 1999, which would authorize 
appropriations for the Federal Maritime Commission (FMC) for fiscal 
years 2000 and 2001. With the recent passage of the Ocean Shipping 
Reform Act of 1998 (``OSRA'') the Commission's role in overseeing the 
ocean transportation industry has changed dramatically and increased in 
importance. The Commission must have the necessary funding to ensure 
that Congress' intentions with OSRA are met, and that all segments of 
the industry are fully protected from potential abuses.
  I am particularly pleased with the effort made by the Commission to 
adopt regulations to implement OSRA. OSRA, which was signed into law on 
October 14, 1998, and will go into effect on May 1, 1999, significantly 
altered the Commission's primary underlying statute--the Shipping Act 
of 1984. Nevertheless, the Commission was only given until March 1, 
1999, to adopt final regulations to implement the changes made to the 
Act. The Commission met this deadline while fully complying with all 
notice and comment requirements of the Administrative Procedure Act. 
The Commission solicited and received comment from the entire industry 
and, based on those comments, arrived at final rules that are fully 
consistent with the Congressional intent. The Commission should be 
applauded for accomplishing this difficult task in such a timely and 
responsive manner.
  I would also note that under OSRA the Commission will continue to 
exercise its vital role in addressing unfair foreign trade practices 
under section 19 of the Merchant Marine Act, 1920 and the Foreign 
Shipping Practices Act of 1988. The Commission has proven time and 
again--most recently with the Japan port controversy and several 
restrictive practices in Brazil--that it can effectively address such 
practices and, if adequately funded, will be able to continue to do its 
fine job. I am a firm proponent of aggressive policies that promote 
fair and open trades, and I commend the FMC for their role in opening 
markets for our ocean carrier and ocean shipper communities.
  The amounts authorized for the FMC take into account the fact that 
the Commission will soon be fully staffed with five Commissioners. The 
President recently nominated a fifth Commissioner and his nomination is 
pending before the Commerce Committee. The Commission needs full 
funding to bring the agency up to its full complement of members and to 
meet its new responsibilities under OSRA.
                                 ______
                                 
      By Mr. ABRAHAM (for himself, Mr. McCain, and Mr. Lott):
  S. 921. A bill to facilitate and promote electronic commerce in 
securities transactions involving broker-dealers, transfer agents, and 
investment advisers; to the Committee on Banking, Housing, and Urban 
Affairs.


                 ELECTRONIC SECURITIES TRANSACTIONS ACT

  Mr. ABRAHAM. Mr. President, I rise today with Senator McCain and 
Senator Lott to introduce legislation designed to modernize the manner 
in which registered securities broker-dealers, transfer agents, and 
investment advisers serve millions of American investors every day.
  Only a few years ago, a few pioneering brokerage firms, utilizing the 
vast potential of the Internet, began to revolutionize the securities 
industry by offering individual investors the opportunity to buy and 
sell stocks online. Because of the lower costs of electronic 
transactions, investors have found they can place trades online at a 
mere fraction of the price they were paying for services at traditional 
brokerage firms. They have also found that online brokerage firms offer 
them access to a wide array of information, investing assistance, and 
research that previously was available only to institutional investors. 
Almost overnight, many investors have demonstrated their preference for 
the savings and the empowerment that online brokerage services give 
them.
  For example, today Charles Schwab, which has been at the forefront of 
offering electronic services, reports that it has approximately 2.5 
million active online accounts and that more than 50 percent of its 
custoemr trades are placed online. Since Schwab offers its customers 
multiple channels of access to its trading services, the fact that more 
than half of its customer trades are placed online is a dramatic 
illustration of the investing public's enthusiasm for and acceptance of 
online services. The dramatic emergence of online-only brokerage firms, 
such as E*Trade, Discover and Ameritrade, and the continued migration 
of traditional brokerage firms to the Web is further evidence of this. 
Soon, millions of securities transactions will be conducted 
electronically every day.
  Unfortunately, the full potential of online investing has been 
impeded because of antiquated laws that do not yet take account of 
electronic commerce. These laws act as barriers to the efficiencies and 
investor empowerment opportunities that the online brokerage industry 
offers. Now, once again, it is time for the government to catch up to 
the market developments spurred by the technology sector. It is time 
for the government to remove impediments to online investing.
  Today, when a person wishes to become a customer of an online broker, 
he can visit the web-sites of various brokerage firms to compare the 
value and services those firms offer. He may even provide some 
information about himself and the type of account he wishes to 
establish. However, because of traditional principles of contract law 
and certain recordkeeping requirements, an investor cannot open the 
account online with any legal certainty. Instead, he must print the 
application and physically sign and send it by regular mail. The 
technology gap demonstrated here must be bridged. Investors who, once 
their accounts are opened, may access investment tools and research and 
quickly submit trade orders online, should not have to wait days or 
perhaps even weeks to complete the process for opening an account. This 
system can and should be changed.
  Continuing to require pen-and-ink signatures on account applications 
and other documents, when secure electronic signature technology 
exists, imposes unnecessary costs and inefficiencies on brokerage firms 
and customers alike. Similar costs and inefficiencies have been 
recognized and removed in other areas of securities regulation, such as 
recordkeeping and document delivery. Today, brokerage firms can store 
documents in electronic rather than paper format and are allowed to 
deliver many documents, such as prospectuses, to customers 
electronically. There is no reason why the advantages of technology 
cannot and should not be extended to documents that require a 
signature.
  The legislation my colleagues and I introduce today would do just 
that by facilitating and enabling the use of electronic signatures by 
registered broker-dealers and others in the securities industry in 
their business dealings with customers and other transactional parties. 
The legislation would make clear that individuals can open a brokerage 
account and conduct business with a brokerage firm using an electronic 
signature as proof of identification and intent. It would also give 
both brokerage firms and their customers the assurance that they can 
rely on electronic signatures in their business dealings and that the 
validity of those dealings will not be challenged merely because a pen-
and-ink signature was not used.
  At this point I think it is important to stress to my colleagues that 
the online brokerage industry is different from the day-trading 
industry, which has received a lot of negative attention in the past 
year. Day-trading firms offer a specialized service that enables their 
customers to enter orders and trade directly with the market. And while 
I am sure that most of these businesses are legitimate and sound, in 
recent months reports of abusive or questionable practices have emerged 
in relation to this type of trading. Anecdotal accounts tell of 
investors losing many times the amount of money they originally brought 
to the market.
  The online investing services provided by brokerage firms are quite 
different from the services provided by

[[Page 7963]]

day-trading firms. For example, brokerage firms such as Charles Schwab, 
E*Trade, DLJ Direct, Discover, among others, set strict limits on the 
extent to which investors are permitted access to margin and option 
accounts. These firms empower their customers and are not the problem, 
and it is important that my colleagues and the public understand the 
differences.
  It is that simple. Frankly, I am surprised that the SEC does not 
require the use of electronic signatures, because unless a physical 
signature is witnessed, electronic signatures are a far more reliable 
means of guaranteeing a person is who they say they are. Electronic 
signatures may result from a variety of technological means that allow 
users to confirm the authenticity of an electronic documents author, 
location or content. These technologies are designed to allow contracts 
to be reviewed and agreed to electronically, to permit individuals and 
businesses to safely purchase goods online, and to enable government 
agencies to verify the authenticity of information submitted to them. 
It is a natural fit for transactions between online brokerage firms and 
investors.
  Despite the changes being made in the investor-brokerage 
relationship, we recognize that the Securities and Exchange Commission 
must retain full regulatory authority in this industry. This 
legislation therefore authorizes the SEC to provide guidance on the use 
of electronic signatures by broker-dealers and others in the securities 
industry. The SECs active involvement in the move from physical to 
electronic signatures is important. If the change is to be orderly, the 
Commission must be familiar with the various types of electronic 
signatures available. The Commission, as the expert regulator of the 
securities industry, may determine that some forms of signature are 
superior to others for certain types of records.
  Mr. President, the securities industry is experiencing explosive 
growth in electronic transactions, and this bill's response is 
necessary and appropriate. The industry and the investors who utilize 
this medium need the efficiencies and certainty this bill would 
provide. I believe that the more efficient transaction procedures that 
will result from the bill will translate into cost savings for 
customers and industry alike. And that should be the ultimate purpose 
of any securities legislation relating to electronic commerce.
  Again, I would like to thank Senator McCain and the majority leader 
for joining me in introducing this legislation. I hope the Senate 
Banking Committee can move on this legislation in the near future.
  I ask unanimous consent that a copy of this legislation be printed 
into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 921

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Electronics Securities 
     Transactions Act.''

     SEC. 2. FINDINGS.

       Congress finds that--
       1. the growth of electronic commerce and electronic 
     transactions represents a powerful force for econmic growth, 
     consumer choice and creation of wealth;
       2. inefficient transaction procedures impose unnecessary 
     costs on investors and persons who facilitate transactions on 
     their behalf;
       3. new techniques in electronic commerce create 
     opportunities for more efficient and safe procedures for 
     effecting securties transactions; and
       4. because the securities markets are an important national 
     asset which must be preserved and strenghened, it is in the 
     national interest to establish a framework to facilitate the 
     economically efficient execution of securities transactions.

     SEC. 3. PURPOSES.

       The purposes of this act are--
       1. to permit and encourage the continued expansion of 
     electronic commerce in securities transactions; and
       2. to facilitate and promote electronic commerce in 
     securities transactions by clarifying the legal status of 
     electronic signatures for signed documents and records used 
     in relation to securities transactions involving broker-
     dealers, transfer agents and investment advisers.

     SEC. 4. DEFINITONS.

       For purposes of this subsection--
       (1) ``document'' means any record, including without 
     limitation any notification, consent, acknowledgement or 
     written direction, intended, either by law or by custom, to 
     be signed by a person.
       (2) ``electronic'' means of or relating to technology 
     having electrical, digital, magnetic, wireless, optical, 
     electromagnetic, or similar capabilities.
       (3) ``electronic record'' means a record created, stored, 
     generated, received, or communicated by electronic means.
       (4) ``electronic signature'' means an electronic 
     identifying sound, symbol or process attached to or logically 
     connectd with an electronic record.
       (5) ``record'' or ``records'' means the same information or 
     documents defined or identified as ``records'' under the 
     Securities Exchange Act of 1934 and the Investment Advisers 
     Act of 1940, respectively.
       (6) ``transaction'' means an action or set of actions 
     relating to the conduct of business affairs that involve or 
     concern activities conducted pursuant to or regulated under 
     the Securities Exchange Act of 1934 or the Investment 
     Advisers Act of 1940 and occurring between two or more 
     persons.
       (7) Signature.--The term ``signature'' means any symbol, 
     sound, or process executed or adopted by a person or entity, 
     with intent to authenticate or accept a record.

     SEC. 5. SECURITIES MODERNIZATION PROVISIONS.

       (1) Section 15 of the Securities Exchange act of 1934 (15 
     USC 78o) is amended by adding the following new subsections 
     thereto:
       (i) Reliance on Electronic Signatures
       (i) A registered broker or registered dealer may accept and 
     rely upon an electronic signature on any application to open 
     an account or on any other document submitted to it by a 
     customer or counterparty, and such electronic signature shall 
     not be denied legal effect, validity, or enforceability 
     solely because it is an electronic signature, except as the 
     Commission shall otherwise determine pursuant to Section 23 
     of this Act (15 USC 78w) or Section 36 of this Act (15 USC 
     78mm).
       (ii) Where any provision of this Act or any regulation, 
     rule, or interpretation promulgated by the Commission 
     thereunder, including any rules of a self-regulatory 
     organization approved by the Commission, requires a signature 
     to be provided on any record such requirement shall be 
     satisfied by an electronic record containing an electronic 
     signature, except as the Commission shall otherwise determine 
     pursuant to Section 23 of this Act (15 USC 78w) or Section 36 
     of this Act (15 USC 78mm).
       (iii) A registered broker or registered dealer may use 
     electronic signatures in the conduct of its business with any 
     customer or counterparty, and such electronic signature shall 
     not be denied legal effect, validity or enforceability solely 
     because it is an electronic signature.
       (iv) With regard to the use of or reliance on electronic 
     signatures, no registered broker or registered dealer shall 
     be regulated by, be required to register with, or be 
     certified, licensed, or approved by, or be limited by or 
     required to act or operate under standards, rules, or 
     regulations promulgated by, a State government or agency or 
     instrumentality thereof.
       (2) Section 17A of the Securities Exchange Act of 1934 (15 
     USC 78q-1) is amended by adding the following new subsections 
     thereto:
       (g) Reliance on Electronic Signatures
       (i) A registered transfer agent may accept and rely upon an 
     electronic signature on any application to open an account or 
     on any other document submitted to it by a customer or 
     counterparty, and such electronic signature shall not be 
     denied legal effect, validity or enforceability solely 
     because it is an electronic signature, except as the 
     Commission shall otherwise determine pursuant to Section 23 
     of this Act (15 USC 78w) or Section 36 of this Act (15 USC 
     78mm).
       (ii) Where any provision of this Act or any regulation or 
     rule promulgated by the Commission thereunder, including any 
     rule of a self-regulatory organization approved by the 
     Commission, requires a signature to be provided on any record 
     such requirement shall be satisfied by an electronic record 
     containing an electronic signature, except as the Commission 
     shall otherwise determine pursuant to Section 23 of this Act 
     (15 USC 78w) or Section 36 of this Act (15 USC 78mm).
       (iii) A registered transfer agent may use electronic 
     signatures in the conduct of its business with any customer 
     or counterparty, and such electronic signature shall not be 
     denied legal effect, validity or enforceability solely 
     because it is an electronic signature.
       (iv) With regard to the use of or reliance on electronic 
     signatures, no registered transfer agent shall be regulated 
     by, be required to register with, or be certified, licensed, 
     or approved by, or be limited by or required to act or 
     operate under standards, rules, or regulations promulgated 
     by, a State government or agency or instrumentality thereof.
       (3) Section 215 of the Investment Advisers Act of 1940 (15 
     USC 80b-15) is amended by adding the following new 
     subsections thereto:

[[Page 7964]]

       (c) Reliance on Electronic Signatures
       (i) A registered investment adviser may accept and rely 
     upon an electronic signature on any investment advisory 
     contract or on any other document submitted to it by a 
     customer or counterparty, and such signature shall not be 
     denied legal effect, validity or enforceability solely 
     because it is an electronic signature, except as the 
     Commission shall determine pursuant to 206A of this Act (15 
     USC 806-6a) or Section 211 of this Act (15 USC 80b-11).
       (ii) Where any provision of this Act or any regulation or 
     rule promulgated by the Commission thereunder, including any 
     rule of a self-regulatory organization approved by the 
     Commission, requires a signature to be provided on any record 
     such requirement shall be satisfied by an electronic record 
     containing an electronic signature, except as the Commission 
     shall otherwise determine pursuant to Section 206A of this 
     Act (15 USC 80b-6a) or Section 211 of this Act (15 USC 80b-
     11).
       (iii) A registered investment adviser may use electronic 
     signatures in the conduct of its business with any customer 
     or counterparty, and such electronic signature shall not be 
     denied legal effect, validity or enforceability solely 
     because it is an electronic signature.
       (iv) With regard to the use or reliance on electronic 
     signatures no registered investment adviser shall be 
     regulated by, be required to register with, or be certified, 
     licensed, or approved by, or be limited by or required to act 
     or operate under standards, rules, or regulations promulgated 
     by, a State government or agency or instrumentality thereof.

     SEC. 6. RULEMAKING AUTHORITY.

       The Commission is authorized to provide guidance on the 
     acceptance of, reliance on and use of electronic signatures 
     by any registered broker, dealer, transfer agent or 
     investment adviser, as provided in section 5 above.
                                 ______
                                 
      By Mr. ABRAHAM (for himself and Mr. Hollings):
  S. 922. A bill to prohibit the use of the ``Made in the USA'' label 
on products of the Commonwealth of the Northern Mariana Islands and to 
deny such products duty-free and quota-free treatment; to the Committee 
on Finance.


             the ``made in usa'' label defense act of 1999

  Mr. ABRAHAM. Mr. President, I am very pleased today to join my 
distinguished colleague Senator Hollings in introducing legislation to 
defend the truth and the integrity of the ``Made in USA'' label.
  This is the second time, Mr. President, that the Senator from South 
Carolina and I have worked together to defend the ``Made in USA'' 
label.
  Last Congress, when the Federal Trade Commission proposed to dilute 
the meaning of the ``Made in USA'' label by allowing that label on 
products with substantial foreign content, Senator Hollings and I 
introduced a bipartisan resolution opposing this plan.
  Our resolution urged the FTC to restore the traditional and honest 
standard for the use of the ``Made in USA'' label. That standard, which 
has been in existence for more than 50 years, is that products must be 
``all or virtually all'' made in the U.S.A. in order to earn the label 
``Made in USA.''
  Mr. President, there was an overwhelming outpouring of grassroots 
support from the American people for this straightforward and honest 
standard and for our Resolution. In just a few months, a total of 256 
Members of Congress, including the Majority and Minority Leaders of the 
U.S. Senate, joined us as cosponsors of our Senate Resolution and its 
companion bill in the House.
  We were extremely pleased to see the FTC reverse its decision to 
dilute the ``Made in USA'' label and return to the traditional and 
time-tested standard for the use of the label. Frankly, this is the 
only standard that makes sense to the American consumers. If it says 
``Made in USA'' the U.S. consumer has a right to expect that the entire 
product and all of its components was made by U.S. citizens.
  This standard is honest. It is clear. It provides value for all those 
who look for the label and for those who have earned the use of it.
  But in order to retain that value, the integrity of the ``Made in 
USA'' label must be defended. We cannot and will not permit the ``Made 
in USA'' label to be used misleadingly. It belongs to those American 
businesses and workers who follow the rules, pay the taxes, and work 
hard--often against the odds presented by unfair foreign competition--
to continue to manufacture products here in America.
  These workers are correct to insist that Congress protect this 
cherished symbol of American pride and workmanship from abuse and 
misuse.
  That is why Senator Hollings and I recently informed our colleagues 
of our intention to introduce ``The `Made in USA' Label Defense Act of 
1999.''
  This legislation is necessary to close loopholes that currently allow 
the ``Made in USA'' label to be misused. These loopholes must be closed 
to prevent the inappropriate and misleading use of this label at the 
expense of American consumers, taxpayers, and U.S. workers.
  The particular misuse of the ``Made in USA'' label which we seek to 
address involves a U.S. territory, the Commonwealth of the Northern 
Mariana Islands, or as it is sometimes referred to, Saipan.
  To understand how this situation arose, some history is in order.
  Saipan was the site of an important battle in World War II which cost 
America 15,000 casualties. Following the end of the war, it was 
administered by the U.S. on behalf of the United Nations as a district 
of the Trust Territory of the Pacific Islands from 1947 to 1986. In 
1986, Saipan came under U.S. sovereignty pursuant to a Covenant that 
was approved by popular vote in Saipan and by the U.S. Congress (Public 
Law 94-241.) At that point, Saipan, now known as the Commonwealth of 
the Northern Mariana Islands, or CNMI, became an insular possession of 
the United States.
  CNMI negotiators for this Covenant sought an exemption from U.S. 
immigration laws. This exemption was granted, but it came with a clear 
warning from the Reagan Administration: the exemption was not to be 
used to bring in a permanent alien labor force in order to evade duties 
and quotas on Asian textile products and to provide unfair competition 
to domestic textile industry. The duty free and quota free treatment 
provided to Headnote 3(a) industries such as textiles was to benefit 
local U.S. citizens living and working in the CNMI.
  In a letter to the Governor of the CNMI in May of 1986, the year in 
which the Covenant was adopted, the Assistant Secretary for Territorial 
and International Affairs of Interior Department in the Reagan 
Administration, Richard R. Montoya, issued the following clear warnings 
to the Government of the CNMI:

       The recent news reports on the tremendous growth in alien 
     labor in the Northern Mariana Islands are extremely 
     disturbing. . . . I would be remiss if I did not speak 
     frankly to you on the possible consequences of the NMI's 
     alien labor policy.
       As I have often stated, the intent of the Congress in 
     providing the privilege of Headnote 3(a) to the territories 
     is to benefit local and not alien job and business growth. 
     The extensive and permanent use of alien labor in Headnote 
     3(a) industries is an abuse which cannot be tolerated by the 
     [Reagan] Administration.
       The objectives of the recently negotiated Covenant 
     financial agreement could be derailed as the wholesale 
     transfer of U.S. tax, trade and social benefits to non-U.S. 
     citizens occurs under the CNMI's alien labor promotion 
     policies.

  Mr. President, I ask unanimous consent to insert the full text of 
this letter, dated May 7, 1986, from then-Assistant Secretary Richard 
Montoya to the then-Governor of the CNMI, Pedro Tenorio, at this point 
in my remarks.
  At the time of the concerns raised in this letter, the total number 
of aliens in the CNMI was a mere 6,600 people. Today, the number of 
alien workers in the textile industry alone greatly exceeds this 
number. The number of non-U.S. citizens in the CNMI now tops 35,000, 
and actually exceeds the number of U.S. citizens in the territory. In 
fact, 91 percent of the entire private sector workforce is composed of 
alien labor.
  Even more alarming, Mr. President, we are now told by U.S. Government 
officials and news media investigations that the People's Republic of 
China itself may actually be involved in running some of these garment 
factories in Saipan. According to the February 8, 1998 Philadelphia 
Inquirer: ``One of the biggest island factories is Marianas

[[Page 7965]]

Garment Manufacturing, Inc.--indirectly owned by the China National 
Textiles Import and Export Corp. (Chinatech), a behemoth that handles 
$1.2 billion in Chinese textile exports to the world, much of it to the 
United States.'' If this is true, then companies owned by the communist 
Chinese government have succeeded in deceiving U.S. consumers and 
evading U.S. trade laws. Clearly, this is a situation that demands the 
immediate attention of and a firm response by both parties in the 
Congress.
  But what concerns Senator Hollings and myself and what directly 
prompted us to introduce this legislation is the direct effect of the 
CNMI situation on American consumers.
  First, American consumers are deceived by the fact that, due to a 
loophole in U.S. law, the more than $1 billion worth of textile 
products that are now shipped each year from the CNMI to the U.S. can 
be legally labeled as ``Made in USA''--even though they are made with 
nearly all foreign labor and foreign materials.
  This deceives American consumers, who have a right to expect that 
products labeled as ``Made in USA'' are made by U.S. workers with U.S. 
materials.
  Second, American taxpayers are harmed because these foreign goods are 
allowed to be imported into the U.S. duty-free--as if they were made by 
U.S. workers. As the CNMI was so clearly warned by the Reagan 
Administration, duty free treatment for textiles from the insular 
possessions was designed to help local U.S. citizens in these 
territories.
  This abuse of our duty-Free laws is costing American taxpayers an 
estimated $200 million annually. This $200 million could be used to 
fund a tax cut to the American people or could be used to reduce other 
duties.
  Mr. President, let me say that I am a strong believer in free trade. 
I believe the U.S. and the whole world benefits form the unfettered 
movement of goods and services.
  But the fact that foreign garment exports to the U.S are laundered in 
Saipan to escape duties and quotas has nothing to do with free trade 
and everything to do with a form of subterfuge. We cannot allow those 
nations whose imports are subject to lawful duties and quotas to evade 
these laws at the expense of American taxpayers.
  Third, American workers also are being harmed by this situation 
because the $200 million which these foreign imports escape paying to 
the U.S. Treasury acts as a subsidy for these misleadingly labeled 
products.
  Mr. President, in order to address these concerns, I am proud to join 
today with my colleague from South Carolina in introducing a tightly 
crafted and narrowly drawn piece of legislation that will address these 
concerns.
  Our bill is designed to protect Americans from the deleterious 
effects of the current situation by closing what we believe our 
colleagues will agree are two indefensible loopholes in current law:
  (1) The loophole that allows these factories in the CNMI to use the 
``Made in USA'' label on their products or in any way imply that they 
were produced or assembled in the United States.
  (2) The loophole that allows foreign exports from the CNMI to 
masquerade as U.S.-made products for duty and quota purposes. Further, 
I will work to ensure that the estimated $200 million derived from 
eliminating the duty-free treatment of these products is rebated to the 
American taxpayer through tax cuts or tariff reductions.
  If in the future the CNMI feels that the domestic content of its 
products has increased to the extent that a use of the ``Made in USA'' 
label on these products would no longer be deceptive to the consumer, 
then it can petition Congress for a change in the covenant. Given its 
history of ignoring warnings from both Republican and Democratic 
Administrations on this matter, Senator Hollings and I believe that the 
burden should be on the CNMI to prove to Congress and the American 
people that products coming from the CNMI deserve to be labeled ``Made 
in USA.''
  At the same time, Mr. President, we are currently engaged in the long 
and arduous process of bringing China into the World Trading 
Organization. I support China's admission into the WTO as long as they 
meet the same criteria which all member nations must meet and as long 
as they are truly dedicated to working to reduce and eliminate such 
trade barriers as quotas and tariffs. Our long-term objective must be 
to create a global trading regime where all nations conduct trade and 
commerce on a level playing field. However, until countries such as 
China demonstrate that they are prepared to adhere to such principles, 
we must continue to take certain steps to protect our own domestic 
industries and workers from the unfair trade practices utilized by some 
of our trading partners, such as those currently ongoing in the CNMI.
  This legislation is a bipartisan compromise measure that I hope 
avoids the political pitfalls of previous measures. Mindful of Members 
who wish not to interfere in the domestic laws of the CNMI, our bill 
merely takes those minimal steps necessary to defend the ``Made in 
USA'' label from misuse and to enforce U.S. trade laws for the benefit 
of the American taxpayer. It simply prevents the substantive equivalent 
of foreign textile products from evading U.S. trade laws.
  There will be those who argue that more is necessary, and this may be 
true. But Senator Hollings and I are committed to doing that which can 
be done on a bipartisan basis and achieved in this Congress.
  We urge our colleagues on both sides of the aisle to cosponsor this 
important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 922

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Made in USA Label Defense 
     Act of 1999''.

     SEC. 2. RESTRICTIONS ON GOODS IMPORTED FROM NORTHERN MARIANA 
                   ISLANDS.

       The joint resolution entitled ``Joint Resolution to approve 
     the `Covenant To Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (48 U.S.C. 1801 et seq.), is amended by adding at the end the 
     following new sections:

     ``SEC. 7. PROHIBITION ON IDENTIFICATION OF CERTAIN GOODS AS 
                   MADE IN THE UNITED STATES.

       ``Notwithstanding any other provision of law, no product 
     that is made in the Northern Mariana Islands shall have a 
     stamp, tag, label, or other means of identification or 
     substitute therefor on or affixed to the product stating 
     `Made in the USA' or otherwise stating or implying that the 
     product was made or assembled in the United States.

     ``SEC. 8. DUTY-FREE TREATMENT OF PRODUCTS PRODUCED BY UNITED 
                   STATES CITIZENS.

       ``Notwithstanding General Note 3(a)(iv) of the Harmonized 
     Tariff Schedule of the United States, any provision of the 
     covenant set forth in the first section of this joint 
     resolution, or any other provision of law, no product that is 
     made in the Northern Mariana Islands shall be admitted free 
     of duty or quotas into the customs territory of the United 
     States as the product of a United States insular 
     possession.''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act apply to goods entered, or 
     withdrawn from warehouse for consumption, on or after the 
     15th day after the date of enactment of this Act.
                                 ______
                                 
      By Mr. SMITH of Oregon (for himself, Mr. Thomas, and Mr. 
        Brownback):
  S. 923. A bill to promote full equality at the United Nations for 
Israel; to the Committee on Foreign Relations.


                   international affairs legislation

  Mr. SMITH of Oregon. Mr. President, I rise today to introduce 
legislation requiring the Secretary of State to report on actions taken 
by our Ambassador to the United Nations to push the nations of the 
Western Europe and Others Group (WEOG) to accept Israel into their 
group.
  As you may know, Israel is the only nation among the 185 member 
states that does not hold membership in a regional group. Membership in 
a regional

[[Page 7966]]

group is the prerequisite for any nation to serve on key United Nations 
bodies such as the Security Council. In order to correct this 
inequality, I am introducing ``The Equality for Israel at the United 
Nations Act of 1999.'' I believe that this legislation will prompt our 
United Nations Representative to make equality for Israel at the United 
Nations a high priority.
  I am proud to be joined by Senators Brownback and Thomas as original 
co-sponsors of this important legislation.
  Mr. President, Israel has been a member of the United Nations since 
1949, yet it has been continuously precluded from membership in any 
regional bloc. Most member states from the Middle East would block 
Israel's membership in any relevant regional group. The Western Europe 
and Others Group, however, has accepted countries from other 
geographical areas--the United States and Australia for example.
  Last year, United Nations Secretary General Kofi Annan announced that 
``It's time to usher in a new era of relations between Israel and the 
United Nations * * *. One way to rectify that new chapter would be to 
rectify an anomaly: Israel's position as the only Member State that is 
not a member of one of the regional groups, which means it has no 
chance of being elected to serve on main organs such as the Security 
council or the Economic and Social Council. This anomaly would be 
corrected.''
  I believe it is time to back Secretary General Annan's idea with 
strong support from the United States Senate and I ask all my 
colleagues to join me in sending this message to the UN to stop this 
discrimination against Israel.
                                 ______
                                 
      By Mr. NICKLES (for himself, Ms. Landrieu, Mr. Murkowski, Mr. 
        Domenici, and Mrs. Hutchison):
  S. 924. A bill entitled the ``Federal Royalty Certainty Act''; to the 
Committee on Energy and Natural Resources.


                     federal royalty certainty act

  Mr. NICKLES. Mr. President, I rise today to introduce the Federal 
Royalty Certainty Act. The domestic oil and gas industry is an 
essential element of the United States economy. The Administration 
needs to acknowledge the critical importance of this industry and stop 
hindering it with regulatory obstacles. Right now, our domestic oil and 
gas procedures are reeling from low oil prices. In Oklahoma alone, 
50,000 jobs are dependent on the oil industry. Last year, we had over 
350 producing oil rigs in the country, now we have slightly over 100. 
The industry is in a state of depression, not a decline, and these 
conditions pose a threat to our national security and our economy.
  The Administration's policies have failed domestic producers. What is 
needed is a comprehensive plan to maintain the viability of the 
domestic oil and gas industry. Part of that plan should be to eliminate 
or greatly reduce the administrative costs of the current royalty 
program with simple, clear and certain guidelines. We need to eliminate 
rules that are burdensome and excessively costly. The Nation cannot 
afford to allow the devastation of our domestic oil and gas industry to 
continue.
  We should be taking action to encourage growth in the industry. 
Instead, the Administration has advocated policies that undermine it. 
We must raise our country's awareness and reverse this course of action 
by providing relief from big government and burdensome regulations. We 
must provide this critical segment of our economy fairness and 
efficiency in their contracts with the federal government.
  Several years ago, I began taking a closer look at oil and gas 
produced from federal leases and the Department of the Interior's 
administration of those lease contracts. I was pleased when Congress 
passed the Royalty Simplification and Fairness Act which I introduced 
and which became law in August of 1996. What that Act accomplished was 
to streamline the accounting processes for federal royalties. While 
that Act made significant steps forward in simplifying the payment of 
federal royalties, the heart of the issue is still before us--what 
royalty does a lessee owe to the government under its lease contract 
for oil and gas produced from a federal lease? When a person or company 
contracts with the federal government, it should know exactly what is 
owed under the contract.
  While this should be a simple question with a simple and unambiguous 
answer, that is unfortunately not the case today. There appears to be 
multiple answers, changing answers and a morass of regulatory 
interpretations that change over time. Such regulatory obstacles 
prevent industry from knowing what they owe and being able to make 
business decisions with that knowledge. It also prevents the collection 
of royalties easily and efficiently. Having a clear understanding of 
the correct amount due is the central and critical element of any 
successful royalty management program. Without it, the program cannot 
operate fairly, efficiently or cost effectively.
  In January 1997, MMS issued a Notice of Proposed Rulemaking for a new 
oil valuation rule. The proposed rule was met with a firestorm of 
protests and thousands of pages of comments have ensued. Despite 
serious problems that have been raised with the proposal, its 
workability and its fairness, the Department has repeatedly stated that 
it will publish its rule as final. As a result, this Congress has 
imposed two moratoriums on the proposed rule and is in the process of 
imposing another. Congress and Industry have repeatedly attempted to 
initiate negotiations with DOI/MMS to no avail. The current moratorium 
continues until June 1, 1999. Secretary Babbitt has stated that the MMS 
would publish a final rule on June 1, 1999 and in Congressional 
briefings the MMS has stated that ``MMS does not believe that further 
dialogue on the rule would be productive.'' DOI Communications Director 
Michael Gaulding stated to Inside Energy that ``we're sticking to the 
position we've taken. It gives us an issue to demogogue for another 
year.'' Rather than perpetuate the moratoria I believe Congressional 
action is needed. I am therefore today introducing the ``Federal 
Royalty Certainty Act.'' This Act addresses and resolves issues related 
to royalties both when they are paid in value and in amount.
  This bill amends the Outer Continental Shelf Lands Act and the 
Minerals Lands Leasing Act and provides that when payment of royalties 
is made in value, the royalty due is based on oil or gas production at 
the lease in marketable condition. When royalty is paid in kind, the 
royalty due is based on the royalty share of production at the lease. 
If the payment (in value or kind) is calculated from a point away from 
the lease, the payment is adjusted for quality and location 
differentials, and the lessee is allowed reimbursements at a reasonable 
commercial rate for transportation, marketing, and processing services 
beyond the lease through the point of sale, other disposition, or 
delivery
  My bill will codify the fundamental, longstanding principle that 
royalty is due on the value of production at the lease. The Department 
of the Interior recognizes this principle and very recently has said 
``royalty payments [should be] based on no more than the value of 
production at the lease'' (News Release, MMS 2/5/98), there should be 
agreement on this codification. This legislation provides proper 
adjustments when sales are made downstream of the lease to arrive at 
values that equal the value of production at the lease. In addition, 
this legislation includes a consistent basis for valuation of royalty 
both onshore and offshore. Importantly, this legislation also resolves 
many of the core issues related to the proposed rule on oil valuation 
in a manner that is fair and equitable to the people of the United 
States and the producers who have entered into contracts with the 
federal government. These provisions will reduce the costs of a 
complicated system that spawns disputes, while preserving the 
taxpayer's right to a fair return for its resources. As I have said on 
many occasions, we need to reduce unnecessary, burdensome and 
excessively costly regulations. We need a little common sense.
  In summary, all interested parties need to work together to arrive at 
a

[[Page 7967]]

workable, permanent solution--a system whereby the government can 
collect what is due in a manner that is simple, certain, consistent 
with lease agreements and fair to all parties involved. The Royalty 
Fairness bill was a significant first step to simplify and eliminate 
regulatory obstacles in the Department's accounting procedures. I 
believe that the Federal Royalty Certainty Act is an important next 
step.
  Mr. DOMENICI. Mr. President, I want to commend Senator Nickles for 
developing this legislation. Simply stated, it stands for the 
proposition that there has never been, is not now, nor ever shall be a 
``duty to market.''
  If you read a federal oil and gas lease there is no mention of a duty 
to market. It has been Mineral Management Services' (MMS) position that 
the duty to market is an implied covenant in the lease. And this 
legislation says that MMS is wrong.
  Let me back up, and explain the issue and why this legislation is 
needed.
  Oil and gas producers doing business on federal leases pay royalites 
to the federal government based on ``fair market value.'' Under the 
Clinton Administration, this is easier said than done. One of the long 
standing disputes between the Congress and the Mineral Management 
Service (MMS) has been the development of workable oil royalty 
valuation regulations that can articulate just exactly what fair market 
value is.
  Cynthia Quarterman, the former director of the MMs, set out the 
Interior Department's position that fair market value includes a ``duty 
to market the lease production for the mutual benefit of the lessee and 
the lessor,'' but without the federal government paying its share of 
the costs. Many of these costs are transportation costs and they are 
significant. MMS calls it a duty to market, I call it federal 
government mooching.
  This bill states Congressional intent: No duty to market, no federal 
government mooching. And let me be clear, whether there is a duty to 
market is a matter exclusively within the jurisdiction of Congress. It 
is not the job of lawyers at the MMS to raise the Congressionally set 
royality rate through the back door.
  And, the so-called ``duty to market'' is a back door royalty 
increase--make no mistake about it.
  The MMS has been unable to develop workable royalty valuation rules 
and Congress has had to impose a moratorium on these regulations. The 
core issue has been duty to market.
  For this reason, I hope the Senate Energy and Natural Resources 
Committee will act expeditiously on this legislation. In this period of 
hard economic times for the oil and gas industry, the oil royalty 
valuation issue should be resolved with certainty, fairness and without 
a hidden royalty rate increase.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 925. A bill to require the Secretary of the military department 
concerned to reimburse a member of the Armed Forces for expenses of 
travel in connection with leave canceled to meet an exigency in 
connection with United States participation in Operation Allied Force; 
to the Committee on Armed Services.


          reimbursement for u.s. personnel involved in Kosovo

  Mr. DOMENICI. Mr. President, I rise today to offer a bill to 
reimburse U.S. military personnel for costs incurred due to 
cancellation of travel plans. This bill would authorize DoD to 
reimburse the men and women involved in Kosovo operations in any 
instance where they are forced to pay a fee to the airlines for changes 
in travel plans or purchased non-refundable tickets.
  In those instances where military personnel are recalled from leave 
or forced to cancel their leave plans due to the current crisis in 
Kosovo, the Defense Department is not authorized to reimburse them for 
costs incurred to change or cancel their personal travel plans.
  Military legal offices only pay the claims that Congress has 
authorized them to pay through legislation. Currently, DoD is only 
authorized to pay very specific claims. These claims usually involve 
damage to government property. Personal property is only covered if the 
damage or loss is related to official duty. There is no statutory 
authority to reimburse a member who incurs additional costs related to 
their leave, even if these costs are a direct result of performing 
their duty as members of the U.S. military.
  I find this situation preposterous. These men and women are being 
asked to cover expenses incurred through no fault of their own. In 
response to their commitment to an international security crisis, we 
tell them to foot the bill for any vacation plans they might have had.
  In light of earlier legislation we passed this year to signal to our 
military personnel that Congress will not short-change them for their 
service to this country, this measure offers one additional token of 
our appreciation and pride.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 925

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY 
                   MEMBERS OF THE ARMED FORCES IN CONNECTION WITH 
                   LEAVE CANCELED FOR INVOLVEMENT IN KOSOVO-
                   RELATED ACTIVITIES.

       (a) Requirement for Reimbursement.--The Secretary of the 
     military department concerned shall reimburse a member of the 
     Armed Forces under the jurisdiction of the Secretary for 
     expenses of travel (to the extent not otherwise reimbursable 
     under law) that have been incurred by the member in 
     connection with approved leave canceled to meet an exigency 
     in connection with United States participation in Operation 
     Allied Force.
       (b) Administrative Provisions.--The Secretary of Defense 
     shall prescribe the procedures and documentation required for 
     application for, and payment of, reimbursements to members of 
     the Armed Forces under subsection (a).
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Hagel, Mr. Grams, Mr. Lugar, Mr. 
        Chafee, Mr. Leahy, Mr. Kerrey, Mr. Kerry, Mr. Levin, Mr. 
        Kennedy, Mr. Jeffords, Mrs. Lincoln, and Mrs. Murray):
  S. 926. A bill to provide the people of Cuba with access to food and 
medicines from the United States, and for other purposes; to the 
Committee on Foreign Relations.


            The Cuban Food and Medicine Security Act of 1999

 Mr. DODD. Mr. President, today Senator John Warner and twelve 
of our colleagues in the Senate are introducing a bill to end 
restrictions on the sale of food and medicine to Cuba--the so-called 
Cuban Food and Medicine Security Act of 1999. Our House colleagues Jose 
Serrano and Jim Leach are introducing the House companion bill today as 
well.
  Yesterday the Clinton Administration took some long overdue steps to 
end the practice of using food and medicine as foreign policy weapons. 
President Clinton has decided to reverse existing U.S. policy of 
prohibiting sales of such items to Iran, Libya, and Sudan. We applaud 
that decision. Joe Lockhart, the White House spokesman said President 
Clinton had decided that, ``food should not be used as a tool of 
foreign policy, except under the most compelling circumstances.''
  In announcing the change in policy yesterday, Under Secretary of 
State Stuart Eizenstat stated that President Clinton had approved the 
policy after a two-year review concluded that the sale of food and 
medicine ``doesn't encourage a nation's military capability or its 
ability to support terrorism.''
  I am gratified that the administration has finally recognized what we 
determined some time ago, namely that ``sales of food, medicine and 
other human necessities do not generally enhance a nation's military 
capacities or support terrorism.'' On the contrary, funds spent on 
agricultural commodities and products are not available for other, less 
desirable uses.
  Regrettably, the Administration did not include Cuba in its announced 
policy changes. It seems to me terribly inconsistent to say that it is 
wrong to deny the children of Iran, Sudan and Libya access to food and 
medicine, but

[[Page 7968]]

it is all right to deny Cuban children, living ninety miles from our 
shores, similar access. The administration's rationale for not 
including Cuba was rather confused. The best I can discern from the 
conflicting rationale for not including Cuba in the announced policy 
changes was that policy toward Cuba has been established by legislation 
rather than executive order, and therefore should be changed through 
legislative action.
  I disagree with that judgment. However, in order to facilitate the 
lifting of such restrictions on such sales to Cuba, Senator Warner, 
myself, and twelve of our Senate colleagues have decided to move 
forward with this legislation today.
  It is our assumption that the Clinton Administration will support 
this legislation, since it does legislatively for Cuba what it has just 
instituted by Executive order for Sudan, Libya and Iran.
  What about those who say that it is already possible to sell food and 
medicine to Cuba? To those people I would say, ``If that is what you 
think, then you should have no problem supporting this legislation.''
  However, I must tell you, Mr. President, that the people who say that 
are not members of the U.S. agricultural or pharmaceutical industries. 
Ask any representative of a major drug or grain company about selling 
to Cuba and they will tell you it is virtually impossible.
  The Administration's own statistics speak for themselves. Department 
of Commerce licensing statistics prove our point:
  Between 1992 and mid-1997, the Commerce Department approved only 28 
licenses for such sales, valued at less than $1 million, for the entire 
period. To give you some perspective: prior to the passage of the 1992 
Cuba Democracy Act which shut down U.S. food and medicine exports, Cuba 
was importing roughly $700 million of such products on an annual basis 
from U.S. subsidiaries.
  Moreover, since Commerce Department officials do no follow up on 
whether proposed licenses culminate in actual sales, the high water 
mark for the export of U.S. medicines to Cuba over a four and one half 
year period doesn't even represent roughly 0.1% of the exports of U.S. 
food and medicines that took place prior to 1992.
  For these reasons we feel strongly that the complexities of the U.S. 
licensing process, coupled with on-site verification requirements, 
serve as de facto prohibitions on U.S. pharmaceutical companies doing 
business with Cuba. Food sales are virtually impossible to undertake as 
well.
  Let me be clear--I am not defending the Cuban government for its 
human rights practices or some of its other policy decisions. I believe 
that we should speak out strongly on such matters as respect for human 
rights and the treatment of political dissidents. But U.S. policy with 
respect to Cuba goes far beyond that--it denies eleven million innocent 
Cuban men, women and children access to U.S. food and medicine.
  The highly respected human rights organization, Human Rights Watch--a 
severe critic of the Cuban government's human rights practices--
recently concluded, that the ``(U.S.) embargo has not only failed to 
bring about human rights improvements in Cuba,'' it has actually 
``become counterproductive'' to achieving that goal.
  America is not about denying medicine or food to the people in Sudan, 
in Libya, or in Iran, and it shouldn't be about denying food and 
medicine to the Cuban people either, certainly not my America.
  That is why I hope my colleagues will support this legislation when 
it comes to a vote later this year.
 Mr. WARNER. Mr. President, I rise today as chief co-sponsor of 
the Cuban Food and Medicine Security Act of 1999. I am pleased to join 
my good friend and colleague Senator Dodd and many of our colleagues in 
introducing this important legislation.
  The goal of this bill is simple--alleviate the suffering of the Cuban 
people created by the inadequate supplies of food, medicine and medical 
supplies on that island nation less than 100 miles from our shore. If 
enacted, this legislation would authorize the President to permit the 
sale of food, medicine and medical equipment to the Cuban people.
  The Cuban Food and Medicine Security Act of 1999 also mandates that a 
study be carried out on how to promote the consumption of U.S. 
agricultural commodities in Cuba through existing U.S. agricultural 
export promotion and credit programs and requires a report to Congress 
assessing the impact of the bill six months after its enactment.
  Yesterday, President Clinton announced an important change in U.S. 
economic sanctions policy which will enable U.S. firms to sell food and 
medicine to Iran, Sudan and Libya. In making the announcement, Under 
Secretary of State Stuart Eizenstat stated ``Sales of food, medicine 
and other human necessities do not generally enhance a nation's 
military capabilities or support terrorism. On the contrary, funds 
spent on agricultural commodities and products are not available for 
other, less desirable uses. Our purpose in applying sanctions is to 
influence the behavior of regimes, not to deny people their basic 
humanitarian needs.''
  This major change in the Administration's sanctions policy, however, 
will not affect Cuba because restrictions on the sale of food and 
medicine to that country are statutory. The legislation we are 
introducing today, however, would remove those restrictions on the sale 
of food and other agricultural products, medicine and medical supplies 
with regards to Cuba.
  The time has come to stop using food and medicine as a foreign policy 
tool. I hope my colleagues will join us in supporting this important 
and timely legislation.
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Hagel):
  S. 927. A bill to authorize the President to delay, suspend, or 
terminate economic sanctions if it is in the important national 
interest of the United States to do so; to the Committee on Foreign 
Relations.


               the sanctions rationalization act of 1999

 Mr. DODD. Mr. President, I rise today to introduce a bill on 
behalf of myself and Senator Hagel, which we hope will bring 
desperately needed reform to the process by which the United States 
imposes sanctions on other nations.
  Eighty years ago, President Wilson formally added economic sanctions 
to America's foreign policy arsenal for the first time, saying that 
with sanctions as a weapon, ``there will be no need for force.'' In the 
intervening decades, we have taken a greater liking to sanctions than 
President Wilson ever could have imagined. I doubt very much, however, 
that he would approve of the way in which we employ that tool today nor 
of the results accomplished by sanctions.
  When President Wilson described his idea of sanctions as a diplomatic 
tool, he was trying to convince the Senate to ratify American 
membership in the League of Nations. The sanctions he envisioned were 
broad, multi-national efforts designed to affect specific results under 
limited circumstances. He also intended sanctions to serve as one 
component of multi-stage escalation of diplomatic pressure, rather than 
a complete response.
  Our method for imposing sanctions today bears almost no resemblance 
to President Wilson's original concept. Sanctions have become the first 
response to actions which are objectionable to the United States. Very 
often, they are also a response in and of themselves, rather than part 
of a coherent escalation of pressure. In addition, the vast majority of 
American sanctions are not the multilateral efforts President Wilson 
envisioned. Rather, Mr. President, they are unilateral efforts which 
anger our allies, damage our global standing, and hurt our own 
businesses and people. And lest we excuse the drawbacks of unilateral 
sanctions with the argument that the benefits for American foreign 
policy outweigh the harm, let me be very clear: there are very rarely 
such benefits.
  For far too long we have subscribed to the mistaken view that 
sanctions

[[Page 7969]]

represent concrete steps more powerful than mere condemnation and more 
speedy than diplomacy. Unilateral sanctions, Mr. President may make us 
feel good by severing access to American know-how, markets, ideas, and 
products. They may help us demonstrate that we are willing to be tough 
on governments with unacceptable policies or even allow us to appease a 
particular constituency that has clamored for action against a 
particular rogue nation.
  What unilateral sanctions do not do, however, is work. We are 
blindfolded by our own rhetoric, Mr. President, if we think that 
sanctions are the key to correcting the behavior of targeted nations. A 
recent study found that perhaps one out of every five unilateral 
sanctions has any desired effect at all. And in those few cases where 
our goal was met, such as a change in the President of Colombia, 
sanctions were only one of many factors.
  When we mention successes, we all too often ignore the much longer 
list of countries--including Haiti, Cuba, Libya, Iran, Iraq, China, 
Panama, and North Korea--where sanctions have failed. In fact, 
sanctions may even allow some authoritarian regimes to consolidate 
their control by providing them with a convenient scapegoat to blame 
for their domestic failures.
  In addition, we must not lose sight of the unintended consequences of 
sanctions. They hurt our economy. They hurt our allies. They hurt our 
ability to achieve our foreign policy goals. Perhaps most of all, they 
hurt our own citizens. Mr. President, it is imperative that we move 
expeditiously to correct the deep flaws in our system for imposing 
sanctions. In recent years, Congress has imposed sanctions intended to 
discourage the proliferation of weapons of mass destruction and the 
ballistic missiles to deliver them, advance human rights and end 
genocide, end state-supported terrorism, discourage armed aggression, 
thwart drug trafficking, protect the environment and even, in a few 
cases, oust governments that are anathema to the United States.
  Since President Wilson proposed the use of sanctions to realize 
American foreign policy goals, we have imposed them more than 110 
times. Today, however, the situation is growing more acute. In just the 
past six years, Congress passed more than 70 sanctions. That is more 
than 11 per year. Last year, we had sanctions in place against 26 
different countries which included more than half of the world's 
population.
  When Congress passes these sanctions, however, it often takes a 
second congressional action to repeal them. This onerous process robs 
our nation of the ability to react to changing circumstances, 
interferes with the President and Secretary of State's mandate to 
negotiate with foreign governments and leaders and prevents the lifting 
of sanctions which have little chance of success while bringing harm on 
the United States' national interests. The bill that I am proposing 
today will correct these deficiencies by giving the President the 
authority to delay, suspend or terminate any sanction that he 
determines is not in the United States' national interest.
  We often think of sanctions as cost-less actions since they require 
no governmental appropriation. As business leaders and workers across 
the country will tell you, however, that perception is simply 
erroneous. In 1998, the United States had sanctions, of some sort, in 
place against 26 different nations including China and India, the two 
most populous nations in the world. Those sanctions covered well over 
half of the world's population, cutting American firms off from 
billions of potential customers. According to the Institute for 
International Economics here in Washington, the economic sanctions 
currently in effect cost American businesses $20 billion annually in 
lost export sales and cost America's workers 200,000 high-wage jobs.
  Those figures, however, tell only part of the story. The cost to 
businesses does not end when the sanctions are repealed. Rather, the 
absence of American companies allows foreign competitors to make 
inroads leaving the American businesses to try battle the entrenched 
competition, along with any lingering popular resentment toward the 
United States, when the barriers fall. Needless to say, our allies 
think that American unilateral sanctions, while affording them a rather 
pleasant competitive advantage, lack a degree of rationality.
  It would be shortsighted, Mr. President, to consider the cost merely 
in terms of the monetary loss. Rather, our wholesale use of unilateral 
sanctions damages our standing in the world community. Our diplomats 
have to spend an inordinate amount of time and effort trying to assuage 
the concerns of our allies who find themselves on the receiving end of 
some of our secondary sanctions. Meanwhile, when dealing with target 
nations, they are deprived of the ability to offer a carrot in exchange 
for policy changes. Moreover, the fact that more than half of the 
world's population is now on the receiving end of American sanctions 
and our willingness to impose sanctions when the rest of the world 
finds them unnecessary degrades our ability to convince other nations 
to follow our leadership.
  Congress' current infatuation with sanctions also hampers our 
nation's ability to conduct diplomacy. The Constitution gives Congress 
a powerful role in foreign policy, from the power to declare war to the 
power to regulate commerce. Clearly, Congress is within its 
Constitutional mandate when it imposes sanctions on foreign 
governments. What Congress cannot do, however, is micro-manage our 
foreign policy on a day to day basis. The power to negotiate with 
foreign governments and leaders rests solely with the President. 
Anything which detracts from his ability to negotiate, including 
sanctions over which he has no control over, damages his ability to 
exact concessions and come to an agreement acceptable to the United 
States.
  I am not arguing, Mr. President, that sanctions are not a legitimate 
foreign policy tool nor that, if used appropriately, they can be 
efficacious. Nor am I arguing that all sanctions currently in place 
should be removed. To the contrary, I strongly support sanctions 
against countries such as Iraq and Yugoslavia.
  Sanctions, however, should be part of a comprehensive foreign policy 
with clear goals. They should be imposed for a finite period of time 
with an option to extend if the situation warrants continued pressure. 
Finally, sanctions must allow the President and Secretary of State the 
room they need to maneuver in order to effectively negotiate foreign 
governments.
  It is also essential that we strive for multinational support of our 
sanctions. Board sanctions, either global or at least in concert with 
the other industrialized countries, not only have a far greater chance 
of affecting the desired result but minimize the threat to our 
international leadership, and domestic economy in both the short and 
long term.
  Occasionally, other nations take actions so offensive to American 
policy that the United States must act regardless of foreign 
cooperation. In those cases, we must endeavor to minimize the negative 
effects our sanctions have on third countries and on our own economy. 
We must also carefully target our sanctions at the offending government 
officials rather than the general population--people who often have 
little or no ability to affect meaningful change.
  Sanctions deserve a place, even a prominent place, in our foreign 
policy tool kit. Working with our allies, they can have the power 
President Wilson described shortly after witnessing the horrors of 
World War I. At the same time, Mr. President, we must not be so 
infatuated with sanctions as to replace tools which have stood us in 
such good stead for more than two centuries, such as diplomacy.
  The legislation that my colleagues and I are introducing today will 
make the sanctions we do impose more powerful and improve the results 
while simultaneously reducing the costs to Americans and our allies. In 
fact, Mr. President, these reforms will lead to a stronger American 
foreign policy capable of realizing our foreign policy goals

[[Page 7970]]

more quickly and with less effort. This bill will allow us to finally 
reach the goal Congress held when it began imposing sanctions at this 
alarming pace. Mr. President, I urge my colleagues to join me in 
supporting this bipartisan resolution and enacting these overdue 
reforms.
 Mr. HAGEL. Mr. President, I am pleased to join with Senator 
Dodd in introducing the Sanctions Rationalization Act. This bill would 
grant broad authority to the President to waive unilateral sanctions 
that no longer make sense and that he determines harm U.S. national 
interests.
  Sanctions must remain a policy tool. But sanctions are only effective 
when they are multilateral.
  This bill will complete the package of three sanctions reform bills 
that have been introduced this Congress. Senator Dodd and I are 
sponsors or cosponsors of each of these three bills.
  The first of these three sanctions reform bills is S. 757, the 
Sanctions Policy Reform Act. This legislation, introduced by Senator 
Lugar would establish a sensible process for the enactment of future 
unilateral economic sanctions by either the President or the Congress. 
Among its safeguards, the Lugar bill would require a cost/benefit 
analysis and would require a study on the likelihood that the proposed 
sanctions would achieve their policy goals. It would also sunset all 
unilateral sanctions after two years unless reauthorized by Congress. 
The Lugar bill does not undo any existing sanctions, with one 
exception. It would make permanent the President's ability to waive the 
Glenn amendment for U.S. national security reasons. The Glenn amendment 
as originally drafted puts permanent unilateral sanctions on any 
country that tests a nuclear device.
  I introduced the second bill, which is S. 327, the Food and Medicine 
Sanctions Relief Act. Senator Dodd is the lead cosponsor on that bill. 
Food and medicine are basic humanitarian needs. As a matter of policy, 
food and medicine should not be included in unilateral sanctions. The 
President made a good first step in addressing this issue yesterday 
when he removed most, but not all, food and humanitarian goods from 
sanctions on Iran, Sudan and Libya. He did not lift restrictions on 
financing for agricultural sales, nor did he lift food and medicine 
sanctions on several other nations. He could not take these two 
additional steps because he is restricted from doing so by other 
legislation. My bill, S. 327, would enable him to adopt a comprehensive 
policy of exempting food and medicine from unilateral sanctions.
  The bill Senator Dodd and I are introducing today would also grant 
the President much broader authority to protect U.S. interests by 
waiving unilateral sanctions.
  The Sanctions Rationalization Act allows the President, with 
Congressional review, to ``delay, suspend or terminate'' any unilateral 
economic sanction if he determines that it ``does not serve U.S. 
national interests.'' A Presidential waiver under the Act cannot go 
into effect for 30 days. This gives the Congress ample time to consider 
the Presidential action. The bill establishes expedited procedures to 
ensure that Congress would have a chance to disapprove the Presidential 
waiver if the action is unwise.
  Finally, the legislation restricts the use of this Presidential 
waiver authority in specific cases. The President cannot waive 
sanctions that are multilateral rather than unilateral. He is also 
restricted from waiving sanctions based on health or safety concerns, 
treaty obligations, and specific trade laws enacted to remedy unfair 
trade practices or market disruptions.
  As a nation, we are letting unilateral sanctions isolate ourselves. 
Let me demonstrate why:
  A CRS report on January 22, 1998 listed a total of 97 unilateral 
sanctions now in place.
  A study by the National Association of Manufacturers found that from 
1993-1996, the U.S. imposed unilateral sanctions 61 times against 35 
countries. These 35 nations make up 42% of world population and 19% of 
world's $790 billion export market.
  A study by the International Institute of Economics estimates that in 
1995 alone unilateral sanctions cost Americans $15-20 billion in lost 
exports . . . which resulted in 200,000 lost jobs.
  The National Foreign Trade Council has identified 41 separate 
legislative statutes on the books that either require or authorize the 
imposition of unilateral sanctions.
  Repeated use of sanctions undermines confidence in America as a 
reliable supplier. Even after sanctions are lifted, Americans find it 
difficult or impossible to regain export markets.
  Mr. President, each of the three bills I mentioned addresses an 
important feature of ending the overuse of unilateral economic 
sanctions. The Lugar bill would create a process for producing more 
effective sanctions policies for the future. The Hagel bill would 
exempt food and medicine from all unilateral economic sanctions. The 
Dodd bill is a final, critical reform. It would allow the President, 
with congressional review, to waive those sanctions laws that have 
become outdated and no longer serve U.S. national interests.
  Again, I congratulate my colleague from Connecticut for his 
leadership on this issue. I am pleased to join him in introducing the 
Sanctions Rationalization Act.
                                 ______
                                 
      By Mr. SANTORUM (for himself, Mr. Smith of New Hampshire, Mr. 
        Lott, Mr. Abraham, Mr. Allard, Mr. Ashcroft, Mr. Bond, Mr. 
        Brownback, Mr. Bunning, Mr. Burns, Mr. Cochran, Mr. Craig, Mr. 
        Crapo, Mr. DeWine, Mr. Domenici, Mr. Enzi, Mr. Fitzgerald, Mr. 
        Frist, Mr. Gorton, Mr. Gramm, Mr. Grams, Mr. Grassley, Mr. 
        Hagel, Mr. Hatch, Mr. Helms, Mr. Hutchinson, Mr. Inhofe, Mr. 
        Kyl, Mr. Lugar, Mr. Mack, Mr. McCain, Mr. McConnell, Mr. 
        Murkowski, Mr. Nickles, Mr. Roberts, Mr. Sessions, Mr. Shelby, 
        Mr. Smith of Oregon, Mr. Thomas, Mr. Thurmond, Mr. Voinovich, 
        and Mr. Warner):
  S. 928, A bill to amend title 18, United States Code, to ban partial-
birth abortions; to the Committee on the Judiciary.


               the partial birth abortion ban act of 1999

  Mr. SANTORUM. Mr. President, I rise today to introduce the Partial 
Birth Abortion Ban Act. This bill is identical to the legislation 
endorsed by the American Medical Association (AMA) and vetoed by 
President Clinton in October, 1997. This bill is narrowly written to 
prohibit one particularly gruesome, inhumane, and medically unaccepted 
late term abortion method, except when the procedure is necessary to 
save the life of the mother.
  Also known as Intact Dilation Evacuation or Intrauterine Cranial 
Decompression, a partial birth abortion is performed over a three day 
period during the second or third trimester. After the cervix is 
dilated over a two-day period, the doctor begins the actual abortion on 
the third day. Once the doctor turns the baby into the breech position, 
he delivers all but the head through the birth canal. At this point the 
child is still alive. Then, the doctor stabs the baby in the base of 
its skull with curved scissors and uses a suction catheter to remove 
the child's brain. This procedure kills the baby. After the skull 
collapses, the doctor completes the delivery.
  Partial birth abortions are performed as outpatient procedures in 
clinics. They are usually done on healthy 20-25 week olds with healthy 
mothers. Estimates suggest as many as 5000 are performed annually in 
the U.S. We know of 1500 per year in one New Jersey clinic.
  The American public finds this procedure repugnant. A growing 
consensus in the medical community considers it unnecessary and even 
unethical. Yet the reason this horrific procedure is still legal in the 
United States is because President Clinton has twice vetoed legislation 
that would have outlawed partial birth abortion, except in cases of 
maternal life endangerment.
  The lies propagated by proponents of partial birth abortion have 
taken on a life of their own. First, we were told--

[[Page 7971]]

and by we I mean Congress--there was no such thing as partial birth 
abortion. Three years after Dr. Martin Haskell, a pioneer of this 
technique, described it to the National Abortion Federation (NAF), the 
NAF sent a letter to Congress denying its existence. Then Congress was 
assured the fetus feels no pain during the procedure because anesthesia 
given to the mother induced ``neurological fetal demise.'' Such was the 
testimony of Dr. James McMahon, another pioneer of the partial birth 
abortion, to the House Judiciary Subcommittee on the Constitution. 
After pregnant women across the country started refusing necessary 
surgery, Dr. Norig Ellison, President of the American Society of 
Anesthesiologists, testified before the Senate Judiciary Committee to 
set the record straight. He told the Committee women would have to be 
anesthetized to the point where their own health was endangered to 
achieve ``neurological demise'' of the fetus. By the way, 
``neurological demise'' refers to the ``brain death,'' not literal 
death. Not to be deterred, proponents of partial birth abortion 
circulated a third lie--anesthesia kills the fetus. Yet we know from 
Dr. Ellison's testimony and Dr. Haskell's own statements that the baby 
is alive during the procedure. Lie number four asserted partial birth 
abortions were ``rare.'' Then, a small newspaper in New Jersey 
discovered that 1500 of these ``rare'' procedures were performed each 
year in one clinic. This one clinic was performing three times the 
supposed national rate of partial birth abortions. Ron Fitzsimmons, 
executive director of the National Coalition of Abortion Providers, 
suggested as many as 5000 could be performed annually. Another 
egregious lie asserted this technique was only used in cases where the 
mother's life or health were at risk, or when the fetus was deformed. 
Ron Fitzsimmons helped spread this misinformation. He would later admit 
that he ``lied through my teeth.''
  The last lie, which the President continues citing in defense of this 
procedure, proports that partial birth abortion is necessary to protect 
women's health. A group of more than 600 doctors, most of whom are OB-
GYNs or perinatologists, call this lie the ``most serious distortion.'' 
In reality, partial birth is never medically necessary. That is the 
opinion of doctors across this country. The AMA says it is ``not 
medically indicated,'' ``is not good medicine,'' is ``ethically wrong'' 
and ``is not an accepted `medical practice' ''. Former Surgeon General 
C. Everett Koop, who has 30 years of experience in pediatric surgery, 
has publicly denounced this procedure. Dr. Warren Hern, who wrote the 
most widely used textbook on performing abortions admitted he ``* * * 
would dispute any statement that this is the safest procedure to use.'' 
The Physicians Ad Hoc Coalition for Truth (PHACT), a group of over 600 
doctors, emphatically states that partial birth abortion is never 
medically necessary and ``should be banned in the interests of women, 
their children, and the proper practice of medicine.''
  There is absolutely no evidence that partial birth abortion is a safe 
procedure. There are no peer reviewed scientific studies. It is not 
mentioned in medical textbooks or taught in medical schools. The facts, 
as reviewed by doctors, suggest this technique is in fact dangerous for 
women. Because of the deliberate breech positioning and the blind 
procedure of stabbing the baby at the base of its skull, partial birth 
abortion subjects women to risks beyond those normally encountered in 
conventional late term abortions. Furthermore, it could not be used in 
the two most common life endangering conditions during pregnancy, 
infection and hemorrhage, because it puts women at greater risk for 
both.
  Conditions such as hydrocephaly, trisomy, Downs Syndrome, and 
development of the organs or brain outside the body have been cited as 
instances in which partial birth abortion was recommended to preserve a 
woman's life, health, or future fertility. There are tragic situations 
that require separation of the child from the mother. But it is never 
necessary to kill the child during that separation to preserve maternal 
health.
  I have met families who were advised to have a partial birth abortion 
after their child was diagnosed with a disability. These mothers faced 
many of the same struggles, such as concerns for their other children, 
concerns about whether they would be able to care for a handicapped 
baby, and finding a doctor who was willing to deliver the child. As the 
Senate considers the Partial Birth Abortion Ban Act, I will tell the 
stories of these families and the children.
  In closing, I ask my colleagues to examine this issue with their 
hearts. We know of two baby girls, one born in Phoenix and the other in 
Ohio, who survived this brutal procedure. Baby Phoenix overcame cuts 
and a skull fracture sustained during a partial birth abortion 
procedure. Today, she lives with her adopted parents in Texas. Baby 
Hope lived only three hours and eight minutes. She was born prematurely 
during the first dilation stage of a partial birth abortion. Her life 
was short, but she personalized this issue for the hospital staff who 
gently nursed her for those few hours. I ask that my colleagues 
consider whether these little girls deserved to be subjected to partial 
birth abortions. I ask them to consider that these children were not 
catch phrases, slogans, or concepts. These babies, and other candidates 
for partial birth abortions, are human beings. They are being killed 
with a procedure that would not be legal for use on animals. I ask my 
colleagues to do the right thing and vote to outlaw this horrific 
procedure.
  Mr. President, I ask unanimous consent that the text of the Partial 
Birth Abortion Ban Act of 1999 be inserted into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 928

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Partial-Birth Abortion Ban 
     Act of 1999''.

     SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 73 the following:

                 ``CHAPTER 74--PARTIAL-BIRTH ABORTIONS

``Sec.
``1531. Partial-birth abortions prohibited.

     ``Sec. 1531. Partial-birth abortions prohibited

       ``(a) Any physician who, in or affecting interstate or 
     foreign commerce, knowingly performs a partial-birth abortion 
     and thereby kills a human fetus shall be fined under this 
     title or imprisoned not more than two years, or both. This 
     paragraph shall not apply to a partial-birth abortion that is 
     necessary to save the life of a mother whose life is 
     endangered by a physical disorder, illness, or injury. This 
     paragraph shall become effective one day after enactment.
       ``(b)(1) As used in this section, the term `partial-birth 
     abortion' means an abortion in which the person performing 
     the abortion partially vaginally delivers a living fetus 
     before killing the fetus and completing the delivery.
       ``(2) As used in this section, the term `physician' means a 
     doctor of medicine or osteopathy legally authorized to 
     practice medicine and surgery by the State in which the 
     doctor performs such activity, or any other individual 
     legally authorized by the State to perform abortions: 
     Provided, however, That any individual who is not a physician 
     or not otherwise legally authorized by the State to perform 
     abortions, but who nevertheless directly performs a partial-
     birth abortion, shall be subject to the provisions of this 
     section.
       ``(3) As used in this section, the term `vaginally delivers 
     a living fetus before killing the fetus' means deliberately 
     and intentionally delivers into the vagina a living fetus, or 
     a substantial portion thereof, for the purpose of performing 
     a procedure the physician knows will kill the fetus, and 
     kills the fetus.
       ``(c)(1) The father, if married to the mother at the time 
     she receives a partial-birth abortion procedure, and if the 
     mother has not attained the age of 18 years at the time of 
     the abortion, the maternal grandparents of the fetus, may in 
     a civil action obtain appropriate relief, unless the 
     pregnancy resulted from the plaintiff's criminal conduct or 
     the plaintiff consented to the abortion.
       ``(2) Such relief shall include--
       ``(A) money damages for all injuries, psychological and 
     physical, occasioned by the violation of this section; and
       ``(B) statutory damages equal to three times the cost of 
     the partial-birth abortion.

[[Page 7972]]

       ``(d)(1) A defendant accused of an offense under this 
     section may seek a hearing before the State Medical Board on 
     whether the physician's conduct was necessary to save the 
     life of the mother whose life was endangered by a physical 
     disorder, illness or injury.
       ``(2) The findings on that issue are admissible on that 
     issue at the trial of the defendant. Upon a motion of the 
     defendant, the court shall delay the beginning of the trial 
     for not more than 30 days to permit such a hearing to take 
     place.
       ``(e) A woman upon whom a partial-birth abortion is 
     performed may not be prosecuted under this section, for a 
     conspiracy to violate this section, or for an offense under 
     section 2, 3, or 4 of this title based on a violation of this 
     section.''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 73 the following new item:

``74. Partial-birth abortions...............................1531''.....

 Mr. DeWINE. Mr. President, I am very proud to join my 
distinguished colleague, Senator Santorum, in introducing this 
legislation to ban one of the most barbaric practices ever tolerated in 
a civilized society. The Partial Birth Abortion Ban Act is a measure we 
have already passed twice, only to see it overturned by Presidential 
vetoes. Enactment of this bill into law is long overdue.
  A recent tragic event in my own home state of Ohio brings home yet 
again the need for this ban.
  On April 6, a young woman went into the Dayton Medical Center in 
Montgomery County, Ohio, to undergo a partial-birth abortion. This is a 
procedure that usually takes place behind closed doors, where it can be 
ignored, its moral status left unquestioned.
  But this particular procedure was different. In this procedure, on 
April 6, things did not go as planned. Here's what happened.
  The Dayton abortionist, Dr. Martin Haskell, started a procedure to 
dilate her cervix, so the child could eventually be removed and killed. 
He applied seaweed to start the procedure. He then sent her home--
because this procedure usually takes two or three days. In fact, the 
patient is supposed to return on the second day for a further 
application of seaweed--and then come back a third time for the actual 
partial-birth abortion.
  So the woman went home to Cincinnati, expecting to return to Dayton 
and complete the procedure in two or three days. But her cervix dilated 
far too quickly. Shortly after midnight in the first day, after 
experiencing severe stomach pains, she was admitted to Bethesda North 
Hospital in Cincinnati.
  The child was born. After three hours and eight minutes, the child 
died.
  The cause of death was listed on the death certificate as 
``prematurity secondary to induced abortion.''
  True enough, Mr. President. But also on the death certificate is a 
space for ``Method of death.'' And it says, in the case of this child, 
quote, ``Method of death: natural.''
  Now that, Mr. President, may well be true in the technical sense. But 
if you look at the events that led up to her death, you'll see that 
there was really nothing natural about them about them at all.
  The medical technician who held that little girl for the three hours 
and eight minutes of her short life named her Baby Hope. Baby Hope did 
not die of natural causes. She was the victim of a barbaric procedure 
that is opposed by the vast majority of the American people. A 
procedure that has twice been banned by act of Congress--only to see 
the ban repeatedly overturned by a Presidential veto.
  The death of Baby Hope did not take place behind the closed doors of 
an abortion clinic. It took place in public--in a hospital dedicated to 
saving lives, not taking them. It reminds us of the brutal reality and 
tragedy of what partial birth abortion really is.
  When we voted to ban partial-birth abortions, we talked about this 
procedure in graphic detail. The public reaction to this disclosure--
the disclosure of what partial-birth abortion really is--was loud and 
it was decisive. And there is a very good reason for this. The 
procedure is barbaric.
  One of the first questions people ask is ``why?''
  ``Why do they do this procedure? Is it really necessary? Why do we 
allow this to happen?''
  Dr. C. Everett Koop speaks for the consensus of the medical 
profession when he says this is never a medically necessary procedure. 
Even Martin Haskell--the abortionist in the Baby Hope case--has 
admitted that at least eighty percent of the partial-birth abortions he 
performs are elective.
  The facts are clear. Partial-birth abortion is not that rare a 
procedure. What is rare is that we--as a society--saw it happen. It 
happened by surprise, at a regular hospital, where it wasn't supposed 
to.
  Baby Hope was not supposed to die in the arms of a medical 
technician. But she did. And she cannot easily be ignored.
  This procedure is not limited to mothers and fetuses who are in 
danger. It's performed on healthy women--and healthy babies--all the 
time.
  The goal of a partial birth abortion is not to protect somebody's 
health but to kill a child. That is what the doctor wants to do.
  Dr. Haskell himself has said as much. In an interview with the 
American Medical News, he said--and I quote--``you could dilate further 
and deliver the baby alive but that's really not the point. The point 
is you are attempting to do an abortion. And that's the goal of your 
work, is to complete an abortion. Not to see how do I manipulate the 
situation so that I get a live birth instead.'' Unquote.
  Dr. Haskell admitted it. Why don't we?
  Again, let's hear Dr. Haskell describe this procedure. Quote: ``I 
just kept on doing D&Es (dilation and extractions) because that was 
what I was comfortable with, up until 24 weeks. But they were very 
tough. Sometimes it was a 45-minute operation. I noticed that some of 
the later D&Es were very, very easy. So I asked myself why can't they 
all happen this way. You see the easy ones would have a foot length 
presentation, you'd reach up and grab the foot of the fetus, pull the 
fetus down and the head would hang up and then you would collapse the 
head and take it out. It was easy.''
  It was easy, Mr. President. Easy for him. He doesn't say it was easy 
for the mother, and I suspect he doesn't care. His goal is to perform 
abortions. Is he the person we're going to trust to decide when 
abortions are necessary? He's got a production line going--and 
nothing's going to stop him from meeting his quota.
  Dr. Haskell continues: ``At first, I would reach around trying to 
identify a lower extremity blindly with the tip of my instrument. I'd 
get it right about 30-50 percent of the time. Then I said, `Well gee, 
if I just put the ultrasound up there I could see it all and I wouldn't 
have to feel around for it.' I did that and sure enough, I found it 99 
percent of the time. Kind of serendipity.'' End of quote.
  Serendipity, Mr. President.
  Let me conclude.
  We need to ask ourselves, what does our toleration of this procedure 
say about us, as a nation?
  Where do we draw the line? At what point do we finally stop saying, 
``I don't really like this, but it doesn't really matter to me, so I'll 
put up with it?''
  At what point do we say, unless we stop this from happening, we 
cannot justly call ourselves a civilized nation?
  Mr. President, when you come right down to it, America's moral 
anesthetic is wearing off. We know what's going on behind the curtain--
and we can't wish that knowledge away. We have to face it--and do 
what's right.
  We have to make the Partial Birth Abortion Ban Act the law of the 
land. Twice in the last three years, Congress has passed this 
legislation with strong, bipartisan support, only to see it fall victim 
to a Presidential veto. Once again, I am confident Congress will do the 
right thing and pass this very important bill.
  But that's not enough, Mr. President. Passing this legislation in 
Congress is not enough. It will not save any lives. For lives to be 
saved, the bill must become law.
  If something happens behind the iron curtain of an abortion clinic 
it's easier to pretend that it doesn't happen. But the death of Baby 
Hope has torn that

[[Page 7973]]

curtain, revealing the truth of this barbaric procedure. Let people not 
ask about us fifty years from now, ``How can they not have known?'' and 
``Why didn't they do anything?''
  Because, Mr. President, the fact is: We do know. And we must take 
action.
                                 ______
                                 
      By Mr. ROBB (for himself, Mrs. Hutchison, Mr. Kerrey, Mr. Hagel, 
        Mr. Reed, Mr. Smith of New Hampshire, Mr. Cleland, Mr. Abraham, 
        and Mr. Hutchinson):
  S. 929. A bill to provide for the establishment of a National 
Military Museum, and for other purposes; to the Committee on Armed 
Services.


                      national military museum act

  Mr. ROBB. Mr. President, when future generations search for ``lessons 
learned'' from America's 18th, 19th and 20th century military 
experiences, they no doubt will be accessible through dusty texts, 
dated documentary videos, or long-forgotten Congressional transcripts.
  I am concerned, however, that these lessons will not carry forward 
into the next century as an enduring reminder of the true costs, and 
the true benefits, of waging wars, on behalf of freedom and democracy.
  Increasingly, we have seen the gap between the military, and the rest 
of society, widen.
  Early in the next century, for example, we expect that less than four 
percent of the population will be veterans, down from over 11 percent 
in 1980.
  This means that fewer and fewer civilians will have a personal 
understanding of the military, making it more and more difficult to 
pass on to successive generations, one of our most powerful military 
assets--our experience.
  How then do we ensure that we don't ``repeat'' our past mistakes--and 
that we build on our past successes?
  Mr. President, I am joined by Senators Hutchison, of Texas, Kerrey of 
Nebraska, Hagel, Reed of Rhode Island, Smith of New Hampshire, Cleland, 
Abraham, and Hutchinson of Arkansas in introducing the National 
Military Museum Act.
  It will teach visitors about each of the major wars in which America 
has fought.
  Finally, it will help build pride, in our military, and the nation.
  The United States, through the fine stewardship of the Smithsonian 
Institution, operates over a score of excellent national museums--from 
the National Portrait Gallery, to the National Postal Museum, yet none 
of these are dedicated to the armed forces.
  In fact, the individual military services have many museums--the Army 
alone, has over 60.
  We also have military artifacts and battles represented in sections 
of some of the Smithsonian museums.
  Yet we do not have a single, prestigious, integrated national museum 
to tell America's military story and to honor our armed forces.
  This is an extraordinary shortcoming in the telling of our national 
heritage.
  By contrast, many of our key allies have national military museums.
  The British Imperial War Museum, and the Australian War Memorial, are 
two fine examples.
  The United States is a nation that has influenced world events 
decisively over the last century and will continue to do so for 
centuries to come.
  And it is a military power that has sought not to conquer other 
lands, but to bring freedom, and democracy to the entire world.
  History shows few if any nations, with such disproportionate means, 
employing force for such consistently altruistic ends.
  Yet we have no national place to tell, this extraordinary story.
  Mr. President, where, would a teenager interested in World War I, 
World War II, Korea, or Vietnam, go, to learn more about these wars? 
There really is no museum displaying artifacts from these wars, in a 
comprehensive fashion.
  We do in fact have several fine Civil War museums, but the lack of 
representations of so many other wars is remarkable.
  The idea of a National Military Museum goes back to the late 1800s.
  Several attempts to build this museum, (including a concerted effort 
by President Truman) failed, for various reasons: inadequate funding, 
post-war disillusionment, or blueprints that were too ambitious.
  Now, as we enter the 21st century, the time is right to display the 
enormous inventories of artifacts, that have been accumulated from this 
century--especially from conflicts since World War II.
  As now envisioned, the National Military Museum would include display 
sections for each of the military services as well as separate sections 
for each of the country's major wars.
  A spectacular atrium would house large items, from: missiles to ship 
sections to aircraft.
  Based on a review of numerous potential sites, this legislation 
authorizes that the new museum be located on the Navy Annex property 
just west of the Pentagon.
  Bounded symbolically, by Arlington National Cemetery, to the north, 
and offering a commanding view of the capital area, this location is 
ideal, and one of the last available parcels, in the area, suitable for 
a museum of this scope and importance.
  The museum would share a large 55-acre tract of land with an 
expansion of Arlington National Cemetery and possibly other veterans' 
memorials.
  The buildings currently on this land, are slated for demolition 
around 2015.
  The National Military Museum Act establishes a National Military 
Museum Foundation, which will be responsible for the design 
construction, and operation, of the museum.
  The Foundation's Board, will consist of 10 members, and their first 
action will be to conduct a study on the siting, design, environmental 
impact, and governing of the museum.
  The Foundation may recommend that the museum, become part, of the 
Smithsonian Institution.
  Assuming no Congressional action, upon receipt of both this study, 
and a General Accounting Office evaluation, the Foundation will proceed 
with final design preparations, and pursue fundraising.
  Construction would begin after demolition of the existing Navy Annex 
buildings.
  Mr. President, I am very pleased to introduce this legislative 
cornerstone, for building, one of the most important, and--I would 
anticipate--most visited museums, in the world.
  Let us honor our nation's military with this long overdue museum.
  Let us safeguard our past, so that future generations will know what 
has been done before--and what may have to be done again, in the 
future--to push back the forces of tyranny, and to preserve the 
freedoms, we are so fortunate to enjoy.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Bryan):
  S. 930. A bill to provide for the sale of certain public land in the 
Ivanpah Valley, Nevada, to the Clark County, Nevada, Department of 
Aviation; to the Committee on Energy and Natural Resources.


            ivanpah valley airport public land transfer act

  Mr. REID. Mr. President, I rise today to introduce the Ivanpah Valley 
Airport Public Land Transfer Act. This act authorizes the Secretary of 
Interior to convey, at fair market value, certain lands in the Ivanpah 
Valley to the Clark County Department of Aviation. Authorization of 
this conveyance will allow the Department to proceed with the proposed 
development of a new airport to serve Southern Nevada.
  As you are aware, growth in both the general population and the 
tourism industry in Southern Nevada has been and is expected to 
continue to be very strong. Statistics show that over half the people 
who come to Southern Nevada now come by air. From 1985 to 1998, 
operations at McCarran Airport increased at an annual rate of 
approximately five percent. Even if this growth rate slows to two 
percent, activities at McCarran will be at or exceed capacity by the 
year 2014. At this level, the traveling public will also experience 
significant delays. It is obvious we must begin to plan now for the 
future.

[[Page 7974]]

  The Department of Aviation has completed an extensive review of 
options available for meeting the growing needs for air traffic in 
Southern Nevada. These options included construction of a new runway at 
McCarran and the building of an entirely new airport at any one of four 
different sites. Analysis of these options shows that for a variety of 
technical, safety-related, and economic reasons, the Ivanpah site is 
the only option that can accommodate the growing air traffic needs of 
the region.
  The bill Senator Bryan and I introduce today is based on similar 
legislation that was introduced in both the House and Senate in the 
105th Congress. However, this bill incorporates changes from the prior 
legislation to address environmental concerns and issues that were 
raised by the Bureau of Land Management in testimony before the House 
Resources Subcommittee on National Parks and Public Lands last year. 
Some of those concerns were related to endangered species habitat, 
potential conflicts with existing uses, and determination of fair 
market value for the lands to be conveyed.
  Congress should be aware that this is not a giveaway. Clark County 
will pay fair market value for the land and the airport will be 
publicly owned and operated. The bill also provides that the revenues 
collected by the government for the sale will be available for other 
use by the BLM under the terms of the Southern Nevada Public Land 
Management Act of 1998.
  The Clark County Department of Aviation is committed to the 
preparation of necessary environmental documentation for airport 
construction once Congressional approval for the land sale is granted. 
The County cannot, however, invest the substantial amounts of time, 
dollars, and resources an environmental study demands without assurance 
the site will be available for purchase should an airport be deemed to 
have no significant negative impacts. The bill also provides for return 
of the land to the Department of Interior, should airport development 
prove to be infeasible.
  I thank my fellow Senator from Nevada, Mr. Bryan, for his support on 
this issue and urge my colleagues to vote for passage of this bill.
  Mr. President. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 930

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Ivanpah Valley Airport 
     Public Land Transfer Act''.

     SEC. 2. CONVEYANCE TO CLARK COUNTY, NEVADA, DEPARTMENT OF 
                   AVIATION.

       (a) In general.--
       (1) Conveyance.--Notwithstanding the land use planning 
     reqirements contained in sections 202 and 203 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1711, 
     1712), on occurrence of the conditions specified in 
     subsection (b), the Secretary of the Interior (referred to in 
     this section as the ``Secretary'') shall convey to Clark 
     Country, Nevada, on behalf of the Department of Aviation 
     (referred to in this section as the ``Department''), all 
     right, title, and interest of the United States in and to the 
     public land identified for disposition on the map entitled 
     ``Ivanpah Valley, Nevada-Airport Selections'' numbered 01 and 
     dated April 1999, for the purpose of developing an airport 
     facility and related infrastructure.
       (2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Director of the Bureau of Land Management and the Las 
     Vegas District of the Bureau of Land Management.
       (b) Conditions.--The Secretary shall make the conveyance 
     under subsection (a) if--
       (1) the Department conducts an airspace assessment to 
     identify any potential adverse effect on access to the Las 
     Vegas basin under visual flight rules that would result from 
     the construction and operation of a commercial or primary 
     airport, or both, on the land to be conveyed;
       (2) the Administrator of the Federal Aviation 
     Administration certifies to the Secretary that--
       (A) the assessment under paragraph (1) is thorough; and
       (B) alternatives have been developed to address each 
     adverse effect identified in the assessment, including 
     alternatives that ensure access to the Las Vegas basin under 
     visual flight rules at a level that is equal to or better 
     than the access in existence as of the date of enactment of 
     this Act; and
       (3) the Department enters into an agreement with the 
     Secretary to retain ownership of Jean Airport and to maintain 
     and develop Jean Airport as a general aviation airport.
       (c) Phased Conveyances.--At the option of the Department, 
     the Secretary shall convey the land described in subsection 
     (a) in parcels over a period of up to 20 years, as may be 
     required to carry out the phased construction and development 
     of the airport facility and infrastructure on the land.
       (d) Consideration.--
       (1) In general.--As consideration for the conveyance of 
     each parcel, the Department shall pay the United States an 
     amount equal to the fair market value of the parcel.
       (2) Determination of fair market value.--
       (A) Initial 3-year period.--During the 3-year period 
     beginning on the date of enactment of this Act, the fair 
     market value of a parcel to be conveyed under subsection (a) 
     shall be based on an appraisal of the fair market value of 
     the parcel as of a date not later than 180 days after the 
     date of enactment of this Act.
       (B) Subsequent appraisals.--
       (i) In general.--The fair market value of each parcel 
     conveyed after the end of the 3-year period referred to in 
     subparagraph (A) shall be based on a subsequent appraisal.
       (ii) Factors.--An appraisal conducted after that 3-year 
     period--

       (I) shall take into consideration the parcel in its 
     unimproved state; and
       (II) shall not reflect any enhancement in the value of the 
     parcel based on the existence or planned construction of 
     infrastructure on or near the parcel.

       (3) Use of proceeds.--The proceeds of the sale of each 
     parcel--
       (A) shall be deposited in the special account established 
     under section 4(e)(1)(C) of the Southern Nevada Public Land 
     Management Act of 1998 (112 Stat. 2345); and
       (B) shall be disposed of by the Secretary as provided in 
     section 4(e)(3) of that Act (112 Stat. 2346).
       (e) Reversionary Interest.--
       (1) In general.--During the 5-year period beginning 20 
     years after the date on which the Secretary conveys the first 
     parcel under subsection (a), if the Secretary determines that 
     the Department is not developing or progressing toward the 
     development of the parcel as part of an airport facility, the 
     Secretary may exercise a right to reenter the parcel.
       (2) Procedure.--Any determination of the Secretary under 
     paragraph (1) shall be made on the record after an 
     opportunity for a hearing.
       (3) Refund.--If the Secretary exercises a right to reenter 
     a parcel under paragraph (1), the Secretary shall refund to 
     the Department an amount that is equal to the amount paid for 
     the parcel by the Department.
       (f) Withdrawal.--The public land described in subsection 
     (a) is withdrawn from mineral entry under--
       (1) sections 910, 2318 through 2340, and 2343 through 2346 
     of the Revised Statutes (commonly known as the ``General 
     Mining Law of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 through 
     30, 33 through 43, 46 through 48, 50 through 53); and
       (2) the Act of February 25, 1920 (commonly known as the 
     ``Mineral Lands Leasing Act of 1920'') (41 Stat. 437, chapter 
     85; 30 U.S.C. 181 et seq.).
       (g) Mojave National Preserve.--The Secretary of 
     Transportation shall consult with the Secretary in the 
     development of an airspace management plan for the Ivanpah 
     Valley Airport that, to the extent practicable and without 
     adversely affecting safety considerations, restricts aircraft 
     arrivals and departures over the Mojave National Preserve, 
     California.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Lieberman, and Mr. Conrad):
  S.J. Res. 23. A joint resolution expressing the sense of the Congress 
regarding the need for a Surgeon General's report on media and 
violence; to the Committee on Health, Education, Labor, and Pensions.


              surgeon general's media violence report act

  Mr. McCAIN. Mr. President, an entire nation was stunned this past 
week with the shocking violence that unfolded in Littleton, Colorado. 
Perhaps, if this had been an isolated incident, we could have written 
it off as two crazed individuals. However, the tragic reality is that 
it was not an isolated incident, but another in an increasing pattern 
of violence in our schools. Even more disturbing is that these 
schoolyard shootings are occurring against the backdrop of ever-
escalating youth violence, and suicide.
  This is an extraordinarily complex problem, with many contributing 
factors. However, what this comes down to is responsibility, and the 
most basic and profound responsibility that our culture--any culture--
has, is raising its children. We are failing that responsibility, and 
the extent of our failure is

[[Page 7975]]

being measured in the deaths, and injuries of our kids in the 
schoolyard and on the streets of our neighborhoods and communities.
  Primary responsibility lies with families. As a country, we are not 
parenting our children. We are not adequately involving ourselves in 
our children's lives, the friends they hang out with, what they do with 
their time, the problems they are struggling with. This is our job, our 
paramount responsibility, and most unfortunately, we are failing. We 
must get our priorities straight, and that means putting our kids 
first.
  However, parents need help. They need help because our homes and our 
families--our children's minds, are being flooded by a tide of 
violence. This dehumanizing violence pervades our society: our movies 
depict graphic violence; our children are taught to kill and maim by 
interactive video games; the Internet, which holds such tremendous 
potential in so many ways, is tragically used by some to communicate 
unimaginable hatred, images and descriptions of violence, and ``how-
to'' manuals on everything from bomb construction to drugs. Our culture 
is dominated by media, and our children, more-so than any generation 
before them, is vulnerable to the images of violence and hate that, 
unfortunately, are dominant themes in so much of what they see, and 
hear.
  Thus, today I rise to introduce, calling upon the Surgeon General to 
conduct a comprehensive study of media violence, in all its forms, and 
to issue a report on its effects, and recommendations on how we can 
turn this tragic tide of youth violence.
  As I have said, this is a complex challenge. Certainly, working with 
the media industry, we can come to some consensus on immediate measures 
that can be taken to curb our children's access to the types of 
excessive and gratuitous violence that is currently flooding our homes 
and families. However, the crisis we are currently facing did not occur 
overnight, and we must take time to achieve a comprehensive 
understanding of how media violence affects childhood development, and 
what children are most at risk to its impact.
  Again, I urge all Americans to get involved in their kids' lives. Ask 
questions, listen to their fears and concerns, their hopes and their 
dreams. Children are not simply small adults.
  Childhood is a time of innocence, a time to teach discipline and 
values. Our children are our most precious gift, they are full of 
innocence and hope. We must work together to preserve the sanctity of 
childhood.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 51

  At the request of Mr. Biden, the names of the Senator from North 
Carolina (Mr. Edwards) and the Senator from South Carolina (Mr. 
Hollings) were added as cosponsors of S. 51, a bill to reauthorize the 
Federal programs to prevent violence against women, and for other 
purposes.


                                 S. 58

  At the request of Ms. Collins, the name of the Senator from Montana 
(Mr. Baucus) was added as a cosponsor of S. 58, a bill to amend the 
Communications Act of 1934 to improve protections against telephone 
service ``slamming'' and provide protections against telephone billing 
``cramming'', to provide the Federal Trade Commission jurisdiction over 
unfair and deceptive trade practices of telecommunications carriers, 
and for other purposes.


                                 S. 218

  At the request of Mr. Moynihan, the name of the Senator from Illinois 
(Mr. Fitzgerald) was added as a cosponsor of S. 218, a bill to amend 
the Harmonized Tariff Schedule of the United States to provide for 
equitable duty treatment for certain wool used in making suits.


                                 S. 344

  At the request of Mr. Bond, the name of the Senator from Michigan 
(Mr. Abraham) was added as a cosponsor of S. 344, a bill to amend the 
Internal Revenue Code of 1986 to provide a safe harbor for determining 
that certain individuals are not employees.


                                 S. 443

  At the request of Mr. Lautenberg, the name of the Senator from 
Maryland (Ms. Mikulski) was added as a cosponsor of S. 443, a bill to 
regulate the sale of firearms at gun shows.


                                 S. 459

  At the request of Mr. Breaux, the name of the Senator from New Jersey 
(Mr. Torricelli) was added as a cosponsor of S. 459, a bill to amend 
the Internal Revenue Code of 1986 to increase the State ceiling on 
private activity bonds.


                                 S. 487

  At the request of Mr. Grams, the name of the Senator from Wyoming 
(Mr. Enzi) was added as a cosponsor of S. 487, a bill to amend the 
Internal Revenue Code of 1986 to provide additional retirement savings 
opportunities for small employers, including self-employed individuals.


                                 S. 514

  At the request of Mr. Cochran, the names of the Senator from Georgia 
(Mr. Cleland), the Senator from Nebraska (Mr. Hagel), and the Senator 
from Illinois (Mr. Durbin) were added as cosponsors of S. 514, a bill 
to improve the National Writing Project.


                                 S. 517

  At the request of Mr. Graham, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 517, a bill to assure 
access under group health plans and health insurance coverage to 
covered emergency medical services.


                                 S. 564

  At the request of Mrs. Murray, the names of the Senator from Illinois 
(Mr. Durbin), the Senator from Iowa (Mr. Harkin), the Senator from New 
Jersey (Mr. Torricelli), the Senator from Massachusetts (Mr. Kerry), 
the Senator from Michigan (Mr. Levin), the Senator from California 
(Mrs. Boxer), the Senator from Maryland (Ms. Mikulski), the Senator 
from Connecticut (Mr. Dodd), the Senator from New Jersey (Mr. 
Lautenberg), the Senator from Connecticut (Mr. Lieberman), the Senator 
from Virginia (Mr. Robb), the Senator from Maryland (Mr. Sarbanes), the 
Senator from Rhode Island (Mr. Reed), the Senator from Hawaii (Mr. 
Akaka), the Senator from Minnesota (Mr. Wellstone), the Senator from 
Nebraska (Mr. Kerrey), the Senator from Louisiana (Ms. Landrieu), the 
Senator from Nevada (Mr. Bryan), the Senator from Delaware (Mr. Biden), 
the Senator from New Mexico (Mr. Bingaman), the Senator from Montana 
(Mr. Baucus), the Senator from New York (Mr. Schumer), and the Senator 
from Nevada (Mr. Reid) were added as cosponsors of S. 564, a bill to 
reduce class size, and for other purposes.


                                 S. 594

  At the request of Mrs. Feinstein, the names of the Senator from New 
York (Mr. Schumer), the Senator from New Jersey (Mr. Torricelli), the 
Senator from New Jersey (Mr. Lautenberg), the Senator from Maryland 
(Ms. Mikulski), and the Senator from Minnesota (Mr. Wellstone) were 
added as cosponsors of S. 594, a bill to ban the importation of large 
capacity ammunition feeding devices.


                                 S. 632

  At the request of Mr. DeWine, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of S. 632, a bill to provide 
assistance for poison prevention and to stabilize the funding of 
regional poison control centers.


                                 S. 636

  At the request of Mr. Reed, the name of the Senator from New Jersey 
(Mr. Torricelli) was added as a cosponsor of S. 636, a bill to amend 
title XXVII of the Public Health Service Act and part 7 of subtitle B 
of title I of the Employee Retirement Income Security Act of 1974 to 
establish standards for the health quality improvement of children in 
managed care plans and other health plans.


                                 S. 638

  At the request of Mr. Bingaman, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 638, a bill to provide 
for the establishment of a School Security Technology Center and to 
authorize grants for local school security programs, and for other 
purposes.

[[Page 7976]]




                                 S. 648

  At the request of Mr. Kerry, the name of the Senator from Vermont 
(Mr. Leahy) was added as a cosponsor of S. 648, a bill to provide for 
the protection of employees providing air safety information.


                                 S. 676

  At the request of Mr. Campbell, the name of the Senator from Arizona 
(Mr. Kyl) was added as a cosponsor of S. 676, a bill to locate and 
secure the return of Zachary Baumel, a citizen of the United States, 
and other Israeli soldiers missing in action.


                                 S. 678

  At the request of Mrs. Feinstein, the name of the Senator from 
Minnesota (Mr. Wellstone) was added as a cosponsor of S. 678, a bill to 
establish certain safeguards for the protection of purchasers in the 
sale of motor vehicles that are salvage or have been damaged, to 
require certain safeguards concerning the handling of salvage and 
nonrebuildable vehicles, to support the flow of important vehicle 
information to the National Motor Vehicle Title Information System, and 
for other purposes.


                                 S. 704

  At the request of Mr. DeWine, his name was added as a cosponsor of S. 
704, a bill to amend title 18, United States Code, to combat the 
overutilization of prison health care services and control rising 
prisoner health care costs.


                                 S. 708

  At the request of Mr. DeWine, the name of the Senator from Minnesota 
(Mr. Wellstone) was added as a cosponsor of S. 708, a bill to improve 
the administrative efficiency and effectiveness of the Nation's abuse 
and neglect courts and the quality and availability of training for 
judges, attorneys, and volunteers working in such courts, and for other 
purposes consistent with the Adoption and Safe Families Act of 1997.


                                 S. 735

  At the request of Mr. Torricelli, his name was added as a cosponsor 
of S. 735, a bill to protect children from firearms violence.
  At the request of Mr. Wellstone, his name was added as a cosponsor of 
S. 735, supra.


                                 S. 757

  At the request of Mr. Lugar, the names of the Senator from Virginia 
(Mr. Warner) and the Senator from Connecticut (Mr. Dodd) were added as 
cosponsors of S. 757, a bill to provide a framework for consideration 
by the legislative and executive branches of unilateral economic 
sanctions in order to ensure coordination of United States policy with 
respect to trade, security, and human rights.


                                 S. 764

  At the request of Mr. Thurmond, the name of the Senator from New 
Hampshire (Mr. Smith) was added as a cosponsor of S. 764, a bill to 
amend section 1951 of title 18, United States Code (commonly known as 
the Hobbs Act), and for other purposes.


                                 S. 839

  At the request of Mr. Wellstone, his name was added as a cosponsor of 
S. 839, a bill to restore and improve the farmer owned reserve program.


                                 S. 881

  At the request of Mr. Bennett, the name of the Senator from Oregon 
(Mr. Smith) was added as a cosponsor of S. 881, a bill to ensure 
confidentiality with respect to medical records and health care-related 
information, and for other purposes.


                                 S. 882

  At the request of Mr. Murkowski, the name of the Senator from 
Michigan (Mr. Abraham) was added as a cosponsor of S. 882, a bill to 
strengthen provisions in the Energy Policy Act of 1992 and the Federal 
Nonnuclear Energy Research and Development Act of 1974 with respect to 
potential Climate Change.


                       Senate Joint Resolution 20

  At the request of Mr. McCain, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of Senate Joint Resolution 
20, a joint resolution concerning the deployment of the United States 
Armed Forces to the Kosovo region in Yugoslavia.


                          Senate Resolution 22

  At the request of Mr. Campbell, the name of the Senator from 
Louisiana (Mr. Breaux) was added as a cosponsor of Senate Resolution 
22, a resolution commemorating and acknowledging the dedication and 
sacrifice made by the men and women who have lost their lives serving 
as law enforcement officers.


                          Senate Resolution 27

  At the request of Mr. DeWine, his name was added as a cosponsor of 
Senate Resolution 27, a resolution expressing the sense of the Senate 
regarding the human rights situation in the People's Republic of China.


                          Senate Resolution 29

  At the request of Mr. Robb, the name of the Senator from New Jersey 
(Mr. Torricelli) was added as a cosponsor of Senate Resolution 29, a 
resolution to designate the week of May 2, 1999, as ``National 
Correctional Officers and Employees Week.''


                          Senate Resolution 72

  At the request of Mr. Torricelli, the names of the Senator from Rhode 
Island (Mr. Reed), the Senator from Michigan (Mr. Levin), the Senator 
from Wyoming (Mr. Enzi), the Senator from Maine (Ms. Collins), the 
Senator from Ohio (Mr. Voinovich), the Senator from Kansas (Mr. 
Roberts), the Senator from Texas (Mr. Gramm), and the Senator from 
Colorado (Mr. Allard) were added as cosponsors of Senate Resolution 72, 
a resolution designating the month of May in 1999 and 2000 as 
``National ALS Awareness Month.''

                          ____________________




 SENATE RESOLUTION 90--DESIGNATING THE 30TH DAY OF APRIL 2000 AS ``DIA 
              DE LOS NINOS: CELEBRATING YOUNG AMERICANS''

  Mr. HATCH (for himself, Mr. Bingaman, Mr. McCain, Mr. Reid, Mr. 
Domenici, Mr. Lautenberg, Mr. Abraham, Mrs. Feinstein, Mr. Bond, Mrs. 
Murray, and Mrs. Hutchison) submitted the following resolutions; which 
was referred to the Committee on the Judiciary:

                               S. Res. 90

       Whereas many of the nations throughout the world, and 
     especially within the Western hemisphere, celebrate ``Dia de 
     los Ninos'' on the 30th of April, in recognition and 
     celebration of their country's future--their children;
       Whereas children represent the hopes and dreams of the 
     citizens of the United States;
       Whereas children are the center of American families;
       Whereas children should be nurtured and invested in to 
     preserve and enhance economic prosperity, democracy, and the 
     American spirit;
       Whereas Latinos in the United States, the youngest and 
     fastest growing ethnic community in the nation, continue the 
     tradition of honoring their children on this day, and wish to 
     share this custom with the rest of the nation;
       Whereas one in four Americans is projected to be of 
     Hispanic descent by the year 2050, and there are now 10.5 
     million Latino children;
       Whereas traditional Latino family life centers largely on 
     its children;
       Whereas the primary teachers of family values, morality, 
     and culture are parents and family members, and we rely on 
     children to pass on these family values, morals, and culture 
     to future generations;
       Whereas more than 500,000 children drop out of school each 
     year and hispanic dropout rates are unacceptably high;
       Whereas the importance of literacy and education are more 
     often communicated to children through family members;
       Whereas families should be encouraged to engage in family 
     and community activities that include extended and elderly 
     family members and encourage children to explore, develop 
     confidence, and pursue their dreams;
       Whereas the designation of a day to honor the children of 
     the Nation will help affirm for the people of the United 
     States the significance of family, education, and community;
       Whereas the designation of a day of special recognition of 
     children of the United States will provide an opportunity to 
     children to reflect on their future, to articulate their 
     dreams and aspirations, and find comfort and security in the 
     support of their family members and communities;
       Whereas the National Latino Children's Institute, serving 
     as a voice for children, has worked with cities throughout 
     the country to declare April 30 as ``Dia de los Ninos: 
     Celebrating Young Americans''--a day to bring together 
     Latinos and other communities nationwide to celebrate and 
     uplift children;
       Whereas the children of a nation are the responsibility of 
     all its citizens, and citizens

[[Page 7977]]

     should be encouraged to celebrate the gifts of children to 
     society--their curiousity, laughter, faith, energy, spirit, 
     hopes, and dreams: Now, therefore, be it
       Resolved, That the Senate designates the 30th of April of 
     2000, as ``Dia de los Ninos: Celebrating Young Americans'' 
     and requests that the President issue a proclamation calling 
     on the people of the United States to join with all children, 
     families, organizations, communities, churches, cities, and 
     states across the nation to observe the day with appropriate 
     ceremonies, beginning April 30, 2000, that include:
       (1) Activities that center around children, and are free or 
     minimal in cost so as to encourage and facilitate the 
     participation of all our citizens;
       (2) Activities that are positive, uplifting, and that help 
     children express their hopes and dreams;
       (3) Activities that provide opportunities for children of 
     all backgrounds to learn about one another's cultures and 
     share ideas;
       (4) Activities that include all members of the family, and 
     especially extended and elderly family members, so as to 
     promote greater communication among the generations within a 
     family, enabling children to appreciate and benefit from the 
     experiences and wisdom of their elderly family members;
       (5) Activities that provide opportunities for families 
     within a community to get acquainted; and
       (6) Activities that provide children with the support they 
     need to develop skills and confidence, and find the inner 
     strength--the will and fire of the human spirit--to make 
     their dreams come true.

  Mr. HATCH. Mr. President, I am very pleased to announce my submission 
of a Senate resolution, together with other members of the U.S. Senate 
Republican Conference Task Force on Hispanic Affairs and the Senate 
Democrat Working Group on Hispanic Issues, to designate April 30, 2000, 
as Dia de los Ninos: Celebrating Young Americans.
  Last Congress, the resolution to designate April 30, 1999, as a day 
to celebrate young Americans passed with overwhelming bipartisan 
support. As a result, cities and towns throughout the country will host 
community events to celebrate the nation's children throughout this 
week.
  In fact, in my home state of Utah a very special celebration is 
planned. Tomorrow, in Salt Lake City, on Dia de los Ninos: Dia de Los 
Libros [Day of the Children: Day of Books], we will dedicate the first 
Americas Award Reference and Resource Library to be established at the 
Centro de la Familia Center. This unique library will house over 1,500 
books and will form the central part of a literacy program aimed at 
encouraging children and young adults to explore the written world by 
reading books that authentically and engagingly present the experience 
of individuals in Latin America, the Caribbean, and Latinos in the 
United States. These wonderful stories will help children learn to 
read, to expand their universe and dreams, to develop a better 
understanding of the history of the Americas, and to enhance their own 
self-esteem.
  Our children are our greatest promise for the preservation and 
betterment of this country's healthy and competitive global edge. As 
leaders and purveyors of hope for a better America, we must continue to 
nurture their development and potential through innovative programs and 
discussions that encourage and challenge them to become the prime 
movers and guardians of investments made thus far.
  Children's days are celebrated in many other nations, including Japan 
and Korea on May 5, Canada on November 20, Turkey on April 23, and 
Mexico on April 30. Local coalitions have formed in 17 states to 
realize Dia de los Ninos: Celebrating Young Americans as a special day 
for all children throughout this country.
  I think it is imperative, especially now given the recent tragedy of 
Columbine, Colorado, that we celebrate, honor, and encourage our youth, 
in much the same way we honor parents during Mother's Day or Father's 
Day. Our purpose is strictly to uplift children.
  There are no easy solutions for the challenges that face our modern 
day society. But I do know that we need to make and take the time to 
listen, to support, to observe, and to accept responsibility as parents 
for raising children prepared to meet the challenge of living in a 
complex multicultural society--a society that bestows freedom on its 
citizens predicated on the acceptance of basic moral values. I believe 
that calling upon the nation to set aside a day for that purpose can be 
an important step in building awareness among adults that our children 
need parental love, care, and guidance. They need positive role 
models--coaches, teachers, employers--as well as from the entertainment 
industry and professional sports. They need to know there is 
satisfaction in doing their best, honor in doing the right things, and 
consequences for doing the wrong thing.
  A day to reflect on what we are teaching our children and the 
cultural legacy we are leaving them could very well be a turning point 
for our country. It is my hope that when the sun goes down tomorrow 
evening we will have rededicated ourselves to this most important 
purpose of all--to nurture our children.

                          ____________________




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                                Y2K ACT

                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 298

  (Ordered to lie on the table.)
  Mr. DODD (for himself, Mr. McCain, Mr. Wyden, Mr. Hatch, Mrs. 
Feinstein, Mr. Bennett, and Mr. Lieberman) submitted an amendment 
intended to be proposed by him to the bill (S. 96) to regulate commerce 
between and among the several States by providing for the orderly 
resolution of disputes arising out of computer-based problem related to 
processing data that includes a 2-digit expression of that year's date; 
as follows:

       At the appropriate place insert the following:
       In section 5, strike subsection (b) and insert the 
     following:
       (b) Caps on Punitive Damages.--
       (1) In general.--Subject to the evidentiary standard 
     established by subsection (a), punitive damages permitted 
     under applicable law against a defendant described in 
     paragraph (2) in a Y2K action may not exceed the lesser of--
       (A) 3 times the amount awarded for compensatory damages; or
       (B) $250,000.
       (2) Defendant described.--A defendant described in this 
     paragraph is a defendant--
       (A) who--
       (i) is sued in his or her capacity as a individual; and
       (ii) whose net worth does not exceed $500,000; or
       (B) that is an unincorporated business, a partnership, 
     corporation, association, or organization with fewer than 50 
     full-time employees.
       (3) No Cap If Injury Specifically Intended.--Paragraph (1) 
     does not apply if the plaintiff establishes by clear and 
     convincing evidence that the defendant acted with specific 
     intent to injure the plaintiff.
       In section 13--
       (1) in subsection (a), strike ``by clear and convincing 
     evidence'' and inserting ``by the standard of evidence under 
     applicable State law in effect before January 1, 1999'';
       (2) in subsection (b)(1), strike ``by clear and convincing 
     evidence'' and inserting ``by the standard of evidence under 
     applicable State law in effect before January 1, 1999''; and
       (3) at the end add the following:
       (d) Protections of the Year 2000 Information and Readiness 
     Disclosure Act Apply.--The protections for the exchange of 
     information provided by section 4 of the Year 2000 
     Information and Readiness Disclosure Act (Public Law 105-271) 
     shall apply to this Act.
       Strike section 14.
                                 ______
                                 

                       DOMENICI AMENDMENT NO. 299

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 96, supra; as follows:

       At the end of amendment 273 insert the following:
       At the appropriate place, insert the following:

     SEC. __. WAIVER OF SOVEREIGN IMMUNITY FOR A Y2K ACTION.

       (a) In General.--Consent is given to join the United States 
     as a necessary party defendant in a Y2K action.
       (b) Jurisdiction and Review.--The United States, when a 
     party to any Y2K action--
       (1) shall be deemed to have waived any right to plead that 
     it is not amenable thereto by reason of its sovereignty;
       (2) shall be subject to judgments, orders, and decrees of 
     the court having jurisdiction; and
       (3) may obtain review thereof, in the same manner and to 
     the same extent as a private individual under like 
     circumstances.




                          ____________________


[[Page 7978]]


                    AUTHORITY FOR COMMITTEES TO MEET


                          committee on finance

  Mr. GRAMS. Mr. President, the Finance Committee requests unanimous 
consent to conduct a hearing on Thursday, April 29, 1999, beginning at 
10 a.m. in room 215 Dirksen.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   committee on governmental affairs

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Governmental Affairs Committee be permitted to meet on Thursday, April 
29, 1999, at 10 a.m. for a hearing on the nominations of Myrta 
``Chris'' Sale to be Controller of the Office of Federal Financial 
Management at the Office of Management and Budget and John Spotila to 
be Administrator of the Office of Information and Regulatory Affairs at 
the Office of Management and Budget.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet for a 
hearing on ``ESEA Reauthorization'' during the session of the Senate on 
Thursday, April 29, 1999, at 10 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet in 
executive session during the session of the Senate on Thursday, April 
29, 1999, at 4 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to hold an Executive Business Meeting 
during the session of the Senate on Thursday, April 29, 1999, at 10 
a.m. in room 226 of the Senate Dirksen Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    select committee on intelligence

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on Thursday, April 29, 1999, at 10 a.m. to hold a closed 
hearing on intelligence matters.
  The PRESIDING OFFICER. Without objection, it is so ordered.


         special committee on the year 2000 technology problem

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Special 
Committee on the Year 2000 Technology Problem be permitted to meet on 
April 29, 1999, at 9:30 a.m. for the purpose of conducting a hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               subcommittee on housing and transportation

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on Housing and Transportation of the Committee on Banking, 
Housing, and Urban Affairs be authorized to meet during the session of 
the Senate on Thursday, April 29, 1999, to conduct a hearing on 
``Oversight of HUD's Grants Management System.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


             subcommittee on international economic policy

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on International Economic Policy, Export and Trade 
Promotion of the Committee on Foreign Relations be authorized to meet 
during the session of the Senate on Thursday, April 29, 1999, at 10 
a.m. to hold a hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.


  subcommittee on national parks, historic preservation and recreation

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on National Parks, Historic Preservation and Recreation of 
the Committee on Energy and Natural Resources be granted permission to 
meet during the session of the Senate on Thursday, April 29, for 
purposes of conducting a joint hearing with the Subcommittee on 
Interior Appropriations of the Appropriations Committee which is 
scheduled to begin at 9:30 a.m. The purpose of this oversight hearing 
is to review the report of the General Accounting Office on the 
Everglades National Park Restoration Project.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             subcommittee on science, technology, and space

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on Science, Technology, and Space of the Senate Committee 
on Commerce, Science, and Transportation be authorized to meet on 
Thursday, April 29, 1999, at 10 a.m. on NASA FY/2000 Budget.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           subcommittee on transportation and infrastructure

  Mr. GRAMS. Mr. President, I ask unanimous consent that the 
Subcommittee on Transportation and Infrastructure be granted permission 
to conduct a hearing Thursday, April 29, 9:30 a.m., hearing room (SD-
406), on project delivery and streamlining of the Transportation Equity 
Act for the 21st Century.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                      TRIBUTE TO PATRICIA J. KOLL

 Mr. KOHL. Mr. President, I rise today to pay tribute to one of 
Wisconsin's premier educators. Dr. Patricia J. Koll is retiring this 
May after a distinguished 31-year career with the University of 
Wisconsin-Oshkosh.
  Born and raised in Wisconsin, Patricia has excelled in the field of 
Education. Working as a professor of education and assistant vice 
chancellor, she has authored numerous books and received many accolades 
for her work. She was honored in both 1991 and 1992 with the Wisconsin 
Teacher Educator of the Year Award. She has also been a recipient of 
the University of Wisconsin-Oshkosh John McN Rosebush award, the 
university's highest award for scholarly excellence.
  Patricia has been an instrumental part of education development in 
the state. She has served as president of both the Wisconsin 
Association for Supervision and Curriculum Development and the Northern 
Wisconsin chapter of the American Society for Training and Development. 
In addition, she has worked with many school districts providing 
invaluable leadership experience and expertise.
  Patricia's dedication and talent have been enormous assets to the 
University of Wisconsin-Oshkosh and the Oshkosh community. Her talents 
will be sorely missed by her colleagues. However, we wish Patricia all 
the best for her retirement.

                          ____________________




        RECOGNIZING LIBERTY ELEMENTARY SCHOOL IN MARYSVILLE, WA.

 Mr. GORTON. Mr. President, this week's Innovation in Education 
Award recipient is a remarkable school, Liberty Elementary, in 
Marysville, Washington. With help from school staff and led by 
Principal Paula Jones, Liberty Elementary's students have made 
outstanding advances in their reading performance.
  Historically, this school has not shown great success in student 
standardized test results. To improve those results, the school's staff 
researched proven ``best practices'' for improving student reading. The 
staff eventually selected a program called ``Success For All'' that 
focuses on early intervention and personal attention to promote 
literacy.
  Liberty Elementary's parents and staff recognized that in order for 
this program to succeed, they needed to be closely involved. So the 
parents and staff established ``Family Fun Night'' each month to 
educate families on the importance of reading, the benefits of 
education reform, and how to feel more comfortable as active partners 
in their children's education. Liberty's staff attends these family 
activities without

[[Page 7979]]

extra compensation. The staff has also teamed up with local businesses 
to help acknowledge outstanding participation and achievement by 
students and parents.
  Two years ago, Liberty teachers, parents, and students decided to 
refocus their efforts on reading. Now 80% of the students are reading 
at current grade level and above--a tremendous increase of 58%. 
Students at Liberty are now proud and successful readers thanks to the 
hard work of the Liberty staff and the support from their devoted 
parents and community.
  What is noteworthy about Liberty is that the students became better 
readers because the community became more involved with its children. 
This Innovation in Education award is another example of how local 
communities really do know best. Local educators and parents work with 
our children every day and know what needs improvement. They deserve 
our support and should have more decision-making authority over how 
federal education dollars are to be spent. Educators from Washington 
state and from across the country need and deserve more flexibility and 
more control over their classrooms. Liberty Elementary and schools like 
it are the reasons why I will fight to return that power to our local 
schools where it belongs.

                          ____________________




              MAY 1--GUILLAIN-BARRE SYNDROME AWARENESS DAY

 Mr. KENNEDY. Mr. President, communities across America will 
observe Guillain-Barre Syndrome Awareness Day this Saturday, May 1. 
Guillain-Barre Syndrome, or GBS, is a paralyzing disorder that can 
strike any person, regardless of age, gender, or background. Victims 
often face months of hospital care and long-term disabilities can 
result.
  For many years the GBS Foundation International has been renowned for 
its worldwide leadership in the battle against GBS, and I welcome this 
opportunity to commend the Foundation for all it has done. The 
Foundation, established in 1980, provides an effective support network 
for patients and their families. It also provides educational 
materials, funds medical research, and conducts symposia.
  GBS Awareness Day is an important part of educating the public about 
this potentially catastrophic disease. In Massachusetts, for example, 
the chapter of the Foundation in Boston is coordinating an event for 
the entire New England area that will include a fund-raising walk 
around the New England Rehabilitation Hospital in Woburn, followed by a 
video presentation and seminars on the medical and psychological 
aspects of the disease.
  One of the most disturbing developments in the battle against GBS is 
the recent scientific research linking this disease to infection by a 
common food-borne pathogen known as Campylobacter, which is the most 
common bacterial cause of food-borne illness in the United States. 
These bacteria frequently contaminate raw chicken. Unfortunately, 
Campylobacter is also one of a growing number of bacteria that are 
developing resistance to the antibiotic drugs commonly used to treat 
the diseases they cause, and these drug-resistant bacteria are now a 
major public health threat.
  The health and safety of the American people is one of our top 
priorities in Congress. Microbial contamination of food is an 
increasing problem. The association of GBS with Campylobacter infection 
demonstrates that food-borne illness is a serious national challenge. 
We need to take more effective action against these threats to families 
and communities. An important priority of this Congress is to act on 
legislation that will enhance the nation's ability to deal with 
contaminated food and antimicrobial-resistant organisms.
  We in Congress also need to do more to support research into all 
aspects of the prevention, treatment, and cure of GBS. I welcome GBS 
Awareness Day this year as an opportunity for all of us in Congress and 
across the country to become more actively involved in meeting this 
important public health challenge.

                          ____________________




           25TH ANNIVERSARY OF ASSOCIATION OF MAPPING SENIORS

 Ms. MIKULSKI. Mr. President, I rise today to congratulate the 
Association of Mapping Seniors (AMS) on the 25th Anniversary of their 
founding.
  The AMS is a distinguished organization of former employees at 
mapping and imagery agencies like the National Imagery and Mapping 
Agency (NIMA). Their important work has been invaluable to both our 
national policy makers, and our national security.
  Mr. President, the data produced by these dedicated Americans has 
been key to understanding our world and making it safer. Mapping and 
imagery not only help us support our men and women in uniform, but also 
help us develop our cultural understanding of ourselves in terms of 
population, growth, religious and economic clusters, and more. I want 
to commend each and every member of the AMS for their indispensable 
service to our country, our community, and our culture.
  I am also proud to note that Maryland has been home to many devoted 
members of this important organization. As many of my colleagues know, 
I am a strong and unyielding supporter of federal employees, and these 
men and women are no exception. I want to thank them, Mr. President, 
for their outstanding service to our country, and to honor them in 
celebration of the 25th Anniversary of the Association of Mapping 
Seniors.

                          ____________________




               RECOGNITION OF FAMILIES FOR HOME EDUCATION

 Mr. BOND. Mr. President, I rise today in recognition of 
Families for Home Education (FHE) in observance of Home Education Week, 
May 2-8, in my home State of Missouri. I join with the Missouri General 
Assembly in recognizing their commitment not only to excellence in 
education, but also to the promotion of public policy that strengthens 
the family.
  Home educators make tremendous sacrifices to educate our nation's 
young people and they are making a difference. Countless studies show 
that parental involvement positively impacts the education of a child. 
Home-schooled children, in particular, benefit greatly from the 
individualized, one-on-one training they receive from dedicated parents 
and home educators. They are also afforded unique opportunities to 
participate in apprenticeships, and community and civic organizations. 
These activities serve to strengthen social skills and enrich their 
overall educational experience.
  In today's challenging society, it is more important than ever that 
our young people receive a quality education if they are to succeed in 
the expanding global market. Home educators play a vital part in 
preparing children, tomorrow's workforce, to successfully compete and 
prosper in the adult world. I commend these dedicated parents and FHE, 
and wish them continued success in their endeavors.

                          ____________________




                    TRIBUTE TO MARIANNE BOND WEBSTER

 Mr. CLELAND. Mr. President, I rise today to pay tribute to and 
honor the many accomplishments of Marianne Bond Webster, of Dunwoody, 
Georgia. By the age of 43, Marianne was a success by most yardsticks: 
happily married and the mother of two, tennis champion, gourmet cook, 
and a popular caterer. However, several events in Marianne's life 
sparked a midlife change which would cause her to re-examine her life 
and become more involved in our nation's political system. This 
realization spurred her to a more active role in WAND--the Women's 
Action for New Directions.
  WAND is a national grassroots peace group emphasizing the role of 
women-- activists, legislators and community leaders--on issues related 
to the federal budget, the military, violence, and nuclear disarmament 
and nonproliferation. A nonprofit organization founded in the early 
1980s, WAND has grown into a national organization headquartered in 
Boston, MA, with an advocacy office in Washington, DC, and

[[Page 7980]]

a field office in Atlanta, GA, with chapters and organizational 
partners across the country. WAND's educational arm, WAND Education 
Fund, was started in 1982.
  WAND's mission is to empower women to act politically to reduce 
violence and militarism and redirect excessive military resources to 
human and environmental needs.
  In 1990, WiLL--the Women Legislators' Lobby, a program of WAND--was 
formed. WiLL is a powerful and unique membership network of progressive 
women state legislators. It is the only national multipartisan network 
of women state legislators from all 50 states working to influence 
federal policies and budget priorities. One out of three women state 
legislators is a member.
  During the 1990s, it seemed Marianne Bond Webster was everywhere, 
doing everything for WAND and WiLL: lobby days, media workshops, a 
session on nuclear waste for junior high school students, a tour of the 
Savannah River Site, campaigning for Congresswoman Cynthia McKinney, 
arranging benefit concerts with the Indigo Girls, and leading WAND both 
locally and nationally.
  By 1998 Marianne had made two major decisions: to serve as WAND's 
National president, and to run for an open seat in the Georgia 
legislature. Caring, smart, honest, brave, and decent, I know she would 
have made a tremendous difference.
  But, tragically, on April 17, 1998 she jumped on her bicycle to 
deliver her campaign leaflets. The bag holding her literature caught in 
the spokes, and she flew over the handlebars, breaking her neck when 
she landed. Marianne never regained consciousness. She died on June 11, 
1998.
  Family, friends, and WAND members maintained a constant vigil by 
Marianne's hospital bed and joined hands with those who could not 
through daily e-mail updates. She touched so many with her special 
magic. Her spirit lives on in all of us. And her work continues through 
Marianne's Fund.
  Her family and friends developed the idea for a fund shortly after 
Marianne's death. And in 1999 WAND Education Fund established 
Marianne's Fund with the Atlanta Women's Foundation. WiLL and the other 
WAND programs, which had become so central in Marianne's life, will be 
beneficiaries of the Fund.
  Marianne believed wholeheartedly that all women, if offered support 
and training, would contribute significantly to the political process. 
She recruited women state legislators to WiLL enthusiastically, and 
connected WAND activists with WiLL members nationally, to forge 
powerful alliances. With courage and intelligence, she took on WAND's 
complex issues, becoming an expert on the subject of nuclear waste. 
Marianne toured nuclear weapons facilities and test sites. She wrote 
passionately about the legacy of nuclear weapons, alerting her audience 
to the dangers and costs of continued nuclear weapons production.
  Related programs of peace, justice, and protection of the environment 
identified by the Webster/Bond family will also be beneficiaries of 
Marianne's Fund. Marianne worked to increase the women's vote, strongly 
supported affirmative action for women in business and the professions, 
donated generously to battered women and children's causes, and 
contributed much to other grassroots organizations.
  Mr. President, I ask that you and my colleagues join me in 
recognizing and honoring the life of Marianne Bond Webster. Marianne 
was a wonderful and amazing person who positively touched the lives, 
and bettered the lives, of many Georgians and many Americans. Although 
her life was unfortunately too short, her memory and her work on behalf 
of our country and our political system will last forever.

                          ____________________




       TRIBUTE TO HIS HIGHNESS SHAIKH ESSA BIN SALMAN AL-KHALIFA

 Mr. ABRAHAM. Mr. President, I rise today to pay tribute to His 
Highness Shaikh Essa Bin Salman Al-Khalifa, the late Amir of the State 
of Bahrain. The people of Bahrain recently commemorated the 40th day of 
mourning for their great leader who passed away on the 6th of March. 
Shaikh Essa was known for his kindness and compassion and will be 
dearly missed by both the people of Bahrain and his friends around the 
world.
  Shaikh Essa was a visionary leader who helped transform the Bahraini 
economy from an oil-based economy to an economy of trade, investment, 
banking, and service. These improvements led to Bahrain achieving one 
of the highest standards of living among the Arab countries.
  Under Shaikh Essa, Bahrain strengthened its relationship with the 
West. In 1903, Mason Memorial, the first American hospital in the 
region, was established. It has since become a landmark. In 1932, when 
Bahrain became the first country in the southern Gulf region to 
discover oil, American expertise backed the exploration. This year 
Bahrain is celebrating the 50th Anniversary of the strong friendship it 
has with the United States and our Navy. The Bahrani Ambassador to the 
United States, His Excellency Mohammad Abdul Ghaffar Abdulla, continues 
to do a wonderful job in keeping this strong friendship alive.
  My condolences go out to the people of Bahrain and Shaikh Essa's 
family. I wish to extend my warmest regards to His Highness Shaikh 
Hamad Bin Essa Al-Khalifa, who has succeeded his father as the new Amir 
of Bahrain. I am certain he will follow his father's path and continue 
to keep allied relations between Bahrain and the United States.
  Mr. President, I ask that the Amir's tribute to his father be printed 
in the Record.
  The tribute follows.

 Speech of His Highness Shaikh Hamad Bin Essa Al-Khalifa, Amir of the 
                            State of Bahrain

       In The Name of God, Most Gracious, Most Merciful
       Our Dear People, Peace, And God Blessings Be Upon You
       God most high said ``among the believers are men who have 
     been true to their covenant with God, of them some have 
     completed their vow, and some still wait, but they have never 
     changed their determination in the least.'' Trust said God 
     almighty.
       At this historical circumstances, we share with you the 
     great tragic of the sad demise and great loss of our father, 
     the leader.
       At the same time we are all united with prospect of 
     confidence to shoulder the responsibility of continuing the 
     pursuance of the path and the course he laid down through his 
     sagacity, devotion and tolerance.
       In line with this, we need to meet the demands and changes 
     of the future, in a world rift with volatility, by means of 
     Bahrain's potentialities comprising the ability to develop 
     and revitalize since the start of process of modern progress 
     and development.
       For that, Bahrain has been leading the drive among 
     brotherly states and closely working with them in this vital 
     region, of the Arab nation and the whole world.
       The Respected Citizens, with the loss of our father, late 
     Shaikh Essa Bin Salman Al-Khalifa, we have lost an Amir who 
     was a caring beloved leader, a close friend to every 
     individual of his people and a great man whom the whole world 
     loved and respected.
       His human legacy shall remain the guide of this nation and 
     over next generations, reflecting the true image of Bahrain 
     in devotion, tolerance and civilization.
       Prevailed by this great tragic loss, and satisfied by the 
     creed of God almighty, we pray that his mercy and blessing 
     bestow our beloved who granted his country, people and nation 
     all the goodness of action which shall remain the guide we 
     follow in the nation and which will be preserved as a path we 
     pursue enabling us to shoulder and assume the tremendous 
     responsibility, we all are charged with for the sake of the 
     pride, prosperity of Bahrain and for the future of the 
     generations.
       The great late beloved left for us a well-developed, 
     flourished and secured nation and he turned Bahrain into an 
     oasis of civilization, prosperity and a landmark of knowledge 
     and progress in an Arabian Gulf and the pan Arab nation.
       We ought to carry the standard, should the responsibility 
     and continue the drive to serve this nation which is 
     characterized by good nature and manner of the people, and by 
     the competence and the civilized standard of the sons of this 
     country.
       Our dear people, Our great late man shall be recorded by 
     history for his leading role, high status and great decency.
       From this rich testimony, having great respect for the 
     great late father, and at this adieu position with a forward 
     look towards future, we recall that Essa Bin Salman was for 
     us and his people in Bahrain, the man of

[[Page 7981]]

     national independence, of the constitution and consultation 
     and the man who accomplished the state of institutions, law 
     and order.
       He was the man of development, pan-progress and national 
     economy.
       He was the man of Gulf unity and Arab solidarity in most 
     difficult situations and circumstances.
       He was the man of peace and international cooperation and 
     genuine friendship among the peoples of the world.
       All these guiding features shall remain before us while we 
     pursue national path, our Gulf unity and our Arab solidarity 
     and in all domains of our regional approach with the 
     neighbors and our global cooperation.
       We shall remain the solid course at various levels, with 
     all of you in the drive of the national work, with the 
     brothers in the Gulf and the Arab world and with every 
     sincere friend of Bahrain, in this region and in the whole 
     world.
       With the blessings of God almighty, we shall adhere to the 
     track forged by the great late, we shall share love, brace 
     and cooperation with all who seek goodness for Bahrain, 
     inside and outside, and we shall protect and safeguard 
     Bahrain against any harm through the determination and 
     sacrifices.
       As we pay tribute to the great late man and accolade his 
     achievements, we ought to applaud with gratitude and for the 
     sake of truth and history, the leading role of his brother 
     and his right hand our uncle His Highness Shaikh Khalifa Bin 
     Salman Al-Khalifa, the Prime Minister, who and since the 
     beginning till the last minute, spared no effort in serving 
     the nation, developing the country, leading the government 
     through his deep vision, sagacity and hard work resulting in 
     the fruits of wisdom, experience and well organized systems.
       He was and shall remain a source of richness and a source 
     of vision and inspiration to face the tasks of national work 
     and future challenges.
       Every thanks and appreciation are extended to His Highness 
     for the honorable and leading stances he played for the sake 
     of this nation and at all stages of development. We have the 
     confidence that through gifted traits of deep perception and 
     solid resolve, His Highness will continue the path of 
     devotion we expect from him and from the generation of the 
     fathers who accompanied him in quest for development and 
     progress.
       On other respect, witnessing this historical turning point, 
     we call on and urge the young generation of Bahrain to 
     shoulder their responsibilities and prepare for their tasks, 
     starting from our Crown Prince His Highness Shaikh Salman Bin 
     Hamad Al-Khalifa, whom we wish every success in discharging 
     his new constitutional mission.
       We take this opportunity to express our appreciation for 
     the unanimity and the support we gained from the members of 
     the ruling family, led by our uncle His Highness Shaikh 
     Khalifa Bin Salman Al-Khalifa and our uncle His Highness 
     Shaikh Mohammed Bin Salman Al-Khalifa who commended his 
     appointing as the Crown Prince in accordance with the 
     constitution.
       Our dear people, It would be necessary to express to all of 
     you every gratitude over the cohesion and sincere loyalty you 
     have demonstrated at this historical situation, representing 
     your sustained allegiance which reflects true unity between 
     the people and their leadership in this cherished country.
       I would like to say it clearly that as a son of Essa and as 
     an adherent to the duty, I shall raise the standard of his 
     path which does not differentiate between the people of the 
     single nation, regardless of their beliefs and origin, and 
     which only consider the honesty of national association, and 
     which consider the true citizenship which seeks every 
     goodness for Bahrain and her people.
       On the Gulf, Arab and Islamic domains, we are pleased to 
     express, on your behalf, the deep appreciation for the 
     sentiments of heartfelt condolences and over the stances of 
     sincere support we received from all brothers, leaders and 
     people in the Gulf and Arab states, affirming the reality of 
     unity which binds us all and to whom our late great leader 
     was one of its prominent figures.
       We are also in the position to convey appreciation and 
     thanks to the Islamic countries which embraced us with truly 
     sincere feelings, and to all friendly states of the world 
     with whom we share the keenness for a stable, secure and 
     prosperous international community.
       To conclude, witnessing this historical point, and as we 
     consider our assessment of all the institutions, the 
     Consultative Council and various bodies of Bahrain national 
     community for their constructive contribution, we have the 
     pleasure to extend a message of applaud to those who 
     safeguarded the soil of this nation and protected the 
     achievements, and to express, on your behalf, every 
     encouragement and support to the personnel of Bahrain Defense 
     Force, who are shouldering the tremendous responsibilities in 
     protecting the country, safeguarding its territories and 
     securing the security and tranquility of citizens and 
     residents.
       This is achieved by means of joining forces with exerted 
     efforts of security forces, police and the national guard.
       At this moment, we recall the saying of our great late 
     leader who addressed the personnel of Bahrain Defense Force 
     and said ``our solid belief of Bahrain Defense Force is an 
     integral part of the forces of Gulf Cooperation Council 
     providing with further confidence and determination to 
     achieve the security and stability of our region. You have 
     presented a true example in accomplishing the mission of 
     honor and duty.''
       Such belief will remain our solid conviction at all times 
     and circumstances.
       Our dear people, We pledge to remain with you at every step 
     and stage of our national work, for we are strong through the 
     support of God almighty and your backing.
       Cohesion and unity will continue to exist between us for 
     the sake of Bahrain image and pride and for the sake of her 
     prosperity.
       We shall present before you our views and perspective on 
     the future of the national action, and it would be our 
     concern to perceive your expectations and aspirations for the 
     goodness of Bahrain based on the formula of cohesion between 
     the leadership and the citizen.
       We are greatly confident that our Bahraini civilized 
     society is blessed with many potentials of real progress upon 
     which we can build in the path of political, administrative 
     and economic development.
       Such path we highly believe in and consider it as a source 
     of richness for our traditions of consultation, and as a 
     pattern for governmental development and for accomplishing 
     the comprehensive progress and diversifying of the national 
     economy in the interest of the people of this nation and 
     every piece of this soil.
       Finally, we have but to pray for God almighty to bestow our 
     great loss and our leader with the mercy and rest him unto 
     the heaven.
       We are consoled by the fact that we shall remain adherent 
     to his spirit and keep his path, to protect the soil of this 
     nation, by every means of determination, dedication and 
     resolve.
       And say work righteousness, soon will God observe your work 
     and his Apostle and the believers. Peace and God's blessings 
     be upon you.

                          ____________________




                   HONORS FOR STAN AND IRIS OVSHINSKY

 Mr. LEVIN. Mr. President, this weekend, two very special 
people, Stan and Iris Ovshinsky, will be honored by the Workmen's 
Circle/Arbeter Ring, a nonprofit organization dedicated to preserving 
Jewish heritage and Yiddish culture, and to pursuing social and 
economic justice.
  The organization's selection of Stan and Iris is most fitting. Their 
work on behalf of social causes and their love of Yiddish culture has 
been a constant part of their lives. But what makes Stan and Iris so 
special is that theirs is also a great love story. Stan and Iris met, 
fell very much in love, married and dedicated themselves to ``Tikkun 
Olam,'' the Jewish belief in the responsibility to ``repair the world'' 
and leave it a better place for future generations. Their steadfast 
commitment to Tikkun Olam is nowhere more evident than in their work 
together at Energy Conversion Devices (ECD), the materials technology 
company they founded in Troy, Michigan in 1960 when they joined their 
lives together.
  Stan, a self-taught inventor/scientist who never attended college, 
began working in the field of amorphous and disordered materials in 
1955, when the scientific community regarded them as of little 
scientific interest. Iris, who has a PhD in biochemistry, joined him in 
his work after they met. Stan and Iris proved that these materials were 
of great value scientifically and technologically. Stan's initial paper 
describing their properties has become one of the five most cited 
publications in the history of the prestigious Physical Review Letters. 
That and subsequent papers, some co-authored with Iris, led to a new 
field of scientific study.
  From the beginning, Stan and Iris understood the significance of 
their discoveries. They saw a future in which new engineered materials 
could be used to improve people's lives, solve societal problems and 
build new industries. They committed themselves and ECD to that vision 
and never wavered from it. Always on the cutting edge, often ahead of 
their time, they have stayed the course. Today, ECD holds over 350 
active U.S. patents and over 800 corresponding foreign patients. 
Amorphous semiconductors and other engineered amorphous and disordered 
materials are now widely used in an array of products, many of which 
have been developed and commercialized at ECD.
  Three technologies exemplify the Ovshinskys' ingenuity and commitment 
to their vision:

[[Page 7982]]

  Amorphous Silicon Photovoltaics (PV): The Ovshinskys were determined 
to develop a practical and affordable method of generating electric 
power from the sun, and pioneered the use of amorphous silicon 
materials to reduce materials costs and energy used in a highly 
innovative roll-to-roll solar cell production process. Award winning 
products using their technologies are already in the marketplace.
  Ovonuc Nickel Metal Hydride Batteries: The ``Ovonic'' battery is a 
high performing, nontoxic rechargeable nickel metal hydride (NiMH) 
battery. NiMH batteries are replacing nickel cadmium batteries used in 
portable electronic devices. Determined to develop products of benefit 
to society, the Ovshinskys led their company into developing the 
battery for advanced vehicle technologies to ease growing concerns over 
air pollution. NiMH batteries are the advanced electric vehicle battery 
of choice of major auto manufacturers.
  Computer Information Storage Materials and Devices: The phase change 
erasable semiconductor materials developed by the Ovshinskys have 
become the standard in rewritable optical discs. Similar materials 
employing the same physics show the potential for use in electronic 
devices that can help the United States recapture its former dominant 
position in semiconductor memories.
  The totality of Stan and Iris's achievements is remarkable. They 
pioneered a new branch of science and then successfully applied this 
science to develop new technologies and commercial products having 
significant impacts on the energy and information industries. Because 
of their efforts to solve major problems through science and 
technology, the world will be a better place. Now in their 70s, their 
work and their commitment continue unabated, as does their obvious love 
for and delight in one another.

                          ____________________




 WHEN HISTORY ASKS WHO STOOD UP TO EVIL IN KOSOVO, THE ANSWER WILL BE: 
                                  NATO

 Mr. DODD. Mr. President, sixty years ago, as Europe moved 
increasingly close to war, a number of philanthropic organizations came 
to the aid of those desperately trying to escape the Holocaust. Today, 
many of those same organizations have turned their attention to helping 
the latest victims of genocide. The American Jewish Committee, for 
example, has raised over $800,000 in humanitarian aide for the Kosovar 
refugees.
  As in World War II, these organizations recognize that they cannot 
stop the genocide without support from the world community. In the case 
of Kosovo, that means that NATO has had to bring its military might to 
bear on Slobodan Milosevic. This sentiment was poignantly expressed in 
a recent statement by the American Jewish Committee, one of the 
organizations actively worked to alleviate both the European genocide 
of today and that of a generation ago.
  Mr. President, I therefore ask that their statement in support of 
NATO's ongoing efforts be printed in the Record.
  The statement follows.

               Statement by the American Jewish Committee

       When history asks who stood up to evil in Kosovo, the 
     answer will be: NATO. The world could see the slaughter 
     coming. Diplomats worked furiously to prevent it--and, for a 
     time, succeeded.
       But when Yugoslavia's Slobodan Milosevic, in the name of a 
     nationalism run amok, set his army and police at the throat 
     of the ethnic Albanian citizens of Kosovo defying appeals to 
     end the terror and withdraw, one international force had the 
     resolve to stand up to Belgrade's policy of barbarism.
       NATO, the guarantor of European security for half a 
     century, rose to the challenge of defending the Kosovo 
     Albanians. Nineteen countries acted in unison to stop the 
     violence against the Kosovars and seek their safe return 
     under international protection.
       In this noble mission, NATO must prevail. What is at stake 
     in Kosovo isn't oil or commerce or trading routes. What is at 
     stake are basic principles: human rights, human dignity, the 
     credibility of deterrence, collective security. With 
     determination and courage, NATO weighed the difficult choices 
     and chose to act--because it was right, because the 
     alternative would give tyrants a green light to terrorize 
     civilian populations and destroy the fabric of international 
     order. We recognize the sacrifice made by each NATO member to 
     arrest evil in Kosovo. In this dark century, witness to 
     unspeakable acts of inhumanity, we applaud the alliance for 
     taking a principled stand.

                          ____________________




                  TRIBUTE TO CHIEF THOMAS C. O'REILLY

 Mr. LAUTENBERG. Mr. President, throughout my career in the 
Senate I have made the fight against crime one of my top legislative 
priorities. Consequently, it gives me great pleasure to recognize the 
career and accomplishments of one of New Jersey's most distinguished 
public servants, Chief Thomas C. O'Reilly of the Newark Police 
Department.
  For years, the City of Newark has faced many challenges. But I am 
proud to say today Newark is now a city on the rise. There are many 
people to thank and recognize for the rebirth of New Jersey's largest 
city. Today, I would like to thank Chief Thomas C. O'Reilly in 
particular. Chief O'Reilly has devoted more than four decades of his 
life to serving the city of Newark as a police officer. His service to 
the city began on December 10, 1956, when he joined the Police 
Department. He started as a patrol officer and rose through the ranks 
to Detective, Sergeant, Lieutenant, Captain, Inspector, Deputy Chief, 
Chief-of-Staff and finally Police Chief.
  Tonight, April 29, 1999, Chief Thomas C. O'Reilly will be honored by 
the city of Newark and I am happy to join the many voices who will 
thank him for his career on the front lines of law enforcement. We are 
indebted to him for his service. Those who follow him as Police Chief 
have a spendid model of leadership to follow. Chief Thomas O'Reilly's 
level of commitment and dedication to the safety of Newark's residents 
represents our nation's finest traditions of community service.

                          ____________________




                              APPOINTMENT

  The PRESIDING OFFICER. The Chair announces on behalf of the majority 
leader, pursuant to Public Law 105-277, the appointment of Delna Jones 
of Oregon, Representative of Local Government, as a member of the 
Advisory Commission on Electronic Commerce, vice James Barksdale.
  Mr. LOTT. Mr. President, the Internet is nearly a ubiquitous aspect 
of American life. It goes without saying ``electronic commerce''--e-
commerce--has become a central aspect for buying products and services. 
Only two years ago five million households shopped for some product on 
the Internet. Last year that number doubled. Now the forecast for this 
year is that nearly 15 million households will let their keyboards do 
the work. This is a threefold increase of shoppers in only two years. 
One can also look at the dollar volume affected, which is predicted to 
double to $31B this year.
  Mr. President, city, county and state officials are understandably 
overwhelmed by this Internet Tsunami--15 million homes spending $31 
billion. I have spent time talking with these public officials. I have 
listened to their views. They are frightened, and they have legitimate 
concerns about their sales tax base. However, electronic commerce will 
not end Main Street as we now know it. I am confident public policy 
will evolve to deal with the new electronic marketplace in a fair and 
balanced manner.
  Although the Internet is currently accessed by almost 40 million 
American homes, less than half are using the Internet for commerce 
purposes. This tells me there are issues that need to be addressed 
beyond how the sales tax is treated--issues like encryption, privacy 
and digital signatures--all necessary components for vibrant Internet 
commerce. I hope Congress will examine and act on these issues during 
the 106th Congress, while the Advisory Commission on Electronic 
Commerce works on the tax implications.
  The Advisory Commission on Electronic Commerce must complete its 
report promptly so the information is available to Congress before the 
moratorium on new Internet taxes ends. Mr. President, the report date 
does not need to be extended. I am very impressed with Governor Jim 
Gilmore's

[[Page 7983]]

leadership of the Commission and his aggressive technology agenda. I 
commend him for his progress thus far, and I know he will deliver on 
time a fair and balanced report.
  Mr. President, let me back up and say a few words about the 
Commission. This provision was part of the compromise Representative 
Chris Cox worked out with state and local government associations. His 
efforts precipitated the legislative process and culminated in the bill 
becoming law. I want to thank Representative Cox for proposing and fine 
tuning the Commission. I consulted with him as Congress worked to get 
this Commission up and running and appreciate his diligence and insight 
throughout the process.
  Mr. President, today I also want to commend my friend Jimmy Barksdale 
for graciously volunteering to step down from the Commission. He and I 
both agree that the issues surrounding the Internet are too important 
to let individuals and personal agendas get in the way. Jimmy decided 
to step aside so the Commission can get beyond the disruptive law suit. 
Let me say a few words about why I selected Jimmy in the first place--I 
wanted a Mississippian who could bring Southern common sense and wisdom 
to the evolving public policy for the Internet. Jimmy knows what it 
takes to create a new marketplace and he understands the interplay and 
context for each facet of the telecommunications sector, especially 
since the Telecommunications Act of 1996 empowered many sectors to 
compete with each other.
  I have selected Ms. Delna Jones to fill the vacancy. Ms. Jones is a 
public official who brings the Commission into a balance between public 
and private sector interests. Ms. Jones is a county official from 
Washington County, Oregon, thus ensuring that each layer of local 
government is now represented. Ms. Jones is from a non-sales tax state 
which now means all state configurations for income and sales tax 
approaches are present. Ms. Jones also worked for a telecommunications 
company and is no stranger to this aspect of the communication world. 
Ms. Jones will provide the Commission a voice for the 46% of all 
Internet users who are female. Ms. Jones has been recognized by the 
National Federation of Independent Business which tells me she is 
sensitive to the needs of small business--a key component of our 
economy. Her background brings a valuable professional richness to the 
Commission. Senator Gordon Smith both knows and has served with Ms. 
Jones in Oregon's state legislature. He believes she has the right mix 
of professional and personal skills to make a meaningful and 
significant contribution to the Commission.
  Mr. President, I want the record to be clear. The Commission's 
imbalance was not created by me, and it is unfortunate that those who 
did not fulfill the law's mandate were paralyzed and unable to offer a 
real fix. I have stepped up to the problem and changed one of my 
selections. Evolving Internet public policy is just too important to be 
held hostage. I want America to have a vibrant electronic communication 
and commerce medium for the 21st Century.
  I also want to challenge the members of the Advisory Commission on 
Electronic Commerce to focus and produce recommendations that will 
assist Congress in making the right public policy for the Internet.
  Mr. President, today 37 million Americans will click on the Internet 
for something, perhaps a purchase. They need and deserve the right 
public policy--a policy this Commission can and will influence. We 
should not be afraid of this technology shift--the Internet's Tsunami, 
e-commerce--nor should we ignore the consequences of how America's 
commerce is or should be structured to ensure the prosperity and 
vitality of America's 21st Century electronic economy.
  The PRESIDING OFFICER. The Senator from Oklahoma.

                          ____________________




 COMMEMORATING MEN AND WOMEN WHO HAVE LOST THEIR LIVES SERVING AS LAW 
                          ENFORCEMENT OFFICERS

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
now proceed to immediate consideration of Senate Resolution 22, 
reported today by the Judiciary Committee.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 22) commemorating and acknowledging 
     the dedication and sacrifice made by the men and women who 
     have lost their lives while serving as law enforcement 
     officers.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. NICKLES. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, and the motion to reconsider be laid upon the 
table
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 22) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 22

       Whereas the well-being of all citizens of this country is 
     preserved and enhanced as a direct result of the vigilance 
     and dedication of law enforcement personnel;
       Whereas more than 700,000 men and women, at great risk to 
     their personal safety, presently serve their fellow citizens 
     in their capacity as guardians of peace;
       Whereas peace officers are the front line in preserving our 
     children's right to receive an education in a crime-free 
     environment that is all too often threatened by the insidious 
     fear caused by violence in schools;
       Whereas 158 peace officers lost their lives in the 
     performance of their duty in 1998, and a total of nearly 
     15,000 men and women have now made that supreme sacrifice;
       Whereas every year 1 in 9 officers is assaulted, 1 in 25 
     officers is injured, and 1 in 4,400 officers is killed in the 
     line of duty; and
       Whereas, on May 15, 1999, more than 15,000 peace officers 
     are expected to gather in our Nation's Capital to join with 
     the families of their recently fallen comrades to honor them 
     and all others before them: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes May 15, 1999, as Peace Officers Memorial 
     Day, in honor of Federal, State, and local officers killed or 
     disabled in the line of duty; and
       (2) calls upon the people of the United States to observe 
     this day with the appropriate ceremonies and respect.

                          ____________________




           NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK

  Mr. NICKLES. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 100, Senate 
Resolution 29.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 29) designating the week of May 2, 
     1999, as ``National Correctional Officers and Employees 
     Week.''

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. NICKLES. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, and the motion to reconsider be laid upon the 
table
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 29) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 29

       Whereas the operation of correctional facilities represents 
     a crucial component of our criminal justice system;
       Whereas correctional personnel play a vital role in 
     protecting the rights of the public to be safeguarded from 
     criminal activity;
       Whereas correctional personnel are responsible for the 
     care, custody, and dignity of the human beings charged to 
     their care; and
       Whereas correctional personnel work under demanding 
     circumstances and face danger in their daily work lives: Now, 
     therefore, be it
       Resolved, That the Senate designates the week of May 2, 
     1999, as ``National Correctional Officers and Employees 
     Week''. The President is authorized and requested to issue a 
     proclamation calling upon the people of the United States to 
     observe such week with appropriate ceremonies and activities.

                          ____________________




                      NATIONAL ALS AWARENESS MONTH

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 102, Senate 
Resolution 72.

[[Page 7984]]

  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 72) designating the month of May in 
     1999 and 2000 as ``National ALS Awareness Month.''

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. NICKLES. Mr. President, I ask unanimous consent the resolution be 
agreed to, the preamble be agreed to, and the motion to reconsider be 
laid upon the table
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 72) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 72

       Whereas Amyotrophic Lateral Sclerosis (ALS), commonly known 
     as Lou Gehrig's Disease, is a progressive neuromuscular 
     disease characterized by a degeneration of the nerve cells of 
     the brain and spinal cord leading to the wasting of muscles, 
     paralysis, and eventual death;
       Whereas approximately 30,000 individuals in the United 
     States are afflicted with ALS at any time, with approximately 
     5,000 new cases appearing each year;
       Whereas ALS usually strikes individuals that are 50 years 
     of age or older;
       Whereas the life expectancy of an individual with ALS is 3 
     to 5 years from the time of diagnosis;
       Whereas there is no known cause or cure for ALS;
       Whereas aggressive treatment of the symptoms of ALS can 
     extend the lives of individuals with the disease; and
       Whereas recent advances in ALS research have produced 
     promising leads, many related to shared disease processes 
     that appear to operate in many neurodegenerative diseases: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the month of May in 1999 and 2000 as 
     ``National ALS Awareness Month''; and
       (2) requests the President to issue a proclamation calling 
     on the people of the United States to observe the month with 
     appropriate ceremonies and activities.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. NICKLES. I ask unanimous consent that the Senate immediately 
proceed to executive session to consider the following nominations: 
Executive Calendar No. 44 and all nominations reported by the Armed 
Services Committee today with the exception of Lt. Gen. Ronald T. 
Kadish.
  I further ask unanimous consent the nominations be confirmed, the 
motion to reconsider be laid upon the table, the President be 
immediately notified of the Senate's action, and the Senate then return 
to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                       department of the treasury

       David C. Williams, of Maryland, to be Inspector General for 
     Tax Administration, Department of the Treasury. (New 
     Position)


                         department of defense

       Brian E. Sheridan, of Virginia, to be an Assistant 
     Secretary of Defense.
       Lawrence J. Delaney, of Maryland, to be an Assistant 
     Secretary of the Air Force.

  The above nominations were approved subject to the nominees' 
commitment to respond to requests to appear and testify before any duly 
constituted committee of the Senate.


                            in the Air Force

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Donald G. Cook

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Lance W. Lord


                              In the Army

       The following named officer for appointment in the United 
     States Army to the grade indicated title 10, U.S.C., section 
     624:

                 To be brigadier general, Dental Corps

     Col. Kenneth L. Farmer, Jr.

       The following named officer for appointment in the United 
     States Army to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                             To be general

     Lt. Gen. John G. Coburn

       The following named officer for appointment in the United 
     States Army to the grade indicated title 10, U.S.C., section 
     624:

                 To be brigadier general, Medical Corps

     Col. Joseph G. Webb, Jr.


                            In the Air Force

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Leslie F. Kenne

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                             To be general

     Gen. Ralph E. Eberhart

       The following named officer for appointment as Vice Chief 
     of Staff, United States Air Force, and appointment to the 
     grade indicated while assigned to a position of importance 
     and responsibility under title 10, U.S.C., section 601 and 
     8034:

                             To be general

     Lt. Gen. Lester L. Lyles


                              In the Army

       The following named officer for appointment as Assistant 
     Surgeon General and Chief of the Dental Corps, United States 
     Army, and for appointment to the grade indicated under title 
     10, U.S.C., section 3039:

                          To be major general

     Brig. Gen. Patrick D. Sculley


                              In the Navy

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Rear Adm. Thomas R. Wilson


                            In the Air Force

       The following Air National Guard of the United States 
     officer for appointment in the Reserve of the Air Force to 
     the grade indicated under title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Ronald J. Bath

       The following named officer for appointment to the grade 
     indicated in the United States Air Force, under title 10, 
     U.S.C., sections 624 and 1552:

                        To be lieutenant colonel

     Jerry A. Cooper

       The following named officer for appointment to the grade 
     indicated in the United States Air Force and appointment as 
     permanent professor, United States Air Force Academy, under 
     title 10, U.S.C., sections 9333(b) and 9336(a):

                             To be colonel

     Thomas A. Drohan

       The following named officer for appointment to the grade 
     indicated in the Reserve of the Army under title 10, U.S.C., 
     section 12203:

                             To be colonel

     Stephen K. Siegrist

       The following named officer for appointment to the grade 
     indicated in the United States Army in the Judge Advocate 
     General's Corps under title 10, U.S.C., sections 624 and 
     3064:

                       To be lieutentant colonel

     David A. Mayfield

       The following named officer for appointment to the grade 
     indicated in the United States Army Medical Corps under title 
     10, U.S.C., sections 624, 628, and 3064;

                        To be lieutenant Colonel

     Francisco J. Dominguez

       The following named officer for appointment to the grade 
     indicated in the United States Army Medical Service Corps 
     under title 10, U.S.C., sections 531, 624, 628, and 3064:

                              To be major

     Japhet C. Rivera

       The following named Army National Guard of the United 
     States officer for appointment to the grade indicated in the 
     Reserve of the Army under title 10, U.S.C., sections 12203 
     and 12211:

                             To be colonel

     Roy T. McCutcheon, III


                          In the Marine Corps

       The following named officer for appointment to the grade 
     indicated in the United States Marine Corps under title 10, 
     U.S.C., section 624:

                             To be colonel

     Harold E. Poole, Sr.

       The following named limited duty officer for appointment to 
     the temporary grade indicated in the United States Marine 
     Corps in

[[Page 7985]]

     accordance with section 6222 of title 10, U.S.C.:

                             To be colonel

     Timothy W. Foley
       The following named officer for appointment to the grade 
     indicated in the United States Marine Corps under title 10, 
     U.S.C., section 624:

                              To be major

     Kenneth C. Cooper


                              in the navy

       The following named officer for appointment to the grade 
     indicated in the United States Navy under title 10, U.S.C., 
     section 624:

                            To be commander

     Leo J. Grassilli

       The following named officer for appointment to the grade 
     indicated in the United States Navy under title 10, U.S.C., 
     section 624:

                             To be captain

     Melvin D. Newman

       The following named officer for appointment to the grade 
     indicated in the United States Navy under title 10, U.S.C., 
     section 624:

                            To be commander

     Scott R. Hendren

                            in the air force

       Air Force nominations beginning *Husam S. Nolan, and ending 
     James H. Walker, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 18, 
     1999.
       Air Force nominations beginning Robert J. Vaughn, and 
     ending Todd B. Silverman, which nominations were received by 
     the Senate and appeared in the Congressional Record on March 
     22, 1999.
       Air Force nominations beginning Gerald F. Bunting Blake, 
     and ending Jeffery A. Renshaw, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on March 22, 1999.
       Air Force nominations beginning Harvey J.U. Adams, Jr., and 
     ending David J. Zupi, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 20, 
     1999.
       Air Force nominations beginning Ronald G. Adams, and ending 
     Walter H. Zimmer, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 20, 
     1999.


                              in the army

       Army nominations beginning Thomas M. Johnson, and ending 
     *Anthony P. Risi, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 18, 
     1999.
       Army nominations beginning Randall F. Cochran, and ending 
     *Regina K. Draper, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 18, 
     1999.
       Army nominations beginning Alfred C. Faber, Jr., and ending 
     Edward L. Wright, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 18, 
     1999.
       Army nominations beginning Dale F. Becker, and ending John 
     F. Stoley, which nominations were received by the Senate and 
     appeared in the Congressional Record on March 18, 1999.
       Army nominations beginning John D. Knox, and ending David 
     M. Shublak, which nominations were received by the Senate and 
     appeared in the Congressional Record on April 20, 1999.
       Army nominations beginning Joseph I. Smith, and ending Sara 
     J. Zimmer, which nominations were received by the Senate and 
     appeared in the Congressional Record on April 20, 1999.
       Army nominations beginning Paul C. Proffitt, and ending 
     Michael D. Zabrzeski, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 21, 
     1999.
       Marine Corps nominations beginning Francis X. Bergmeister, 
     and ending Kenneth P. Myers, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     April 20, 1999.
       Marine Corps nominations beginning Seth D. Ainspac, and 
     ending James B. Zientek, which nominations were received by 
     the Senate and appeared in the Congressional Record on April 
     20, 1999.
       Marine Corps nominations beginning Robert S. Abbott, and 
     ending Steven M. Zotti, which nominations were received by 
     the Senate and appeared in the Congressional Record on April 
     20, 1999.


                              in the navy

       Navy nominations beginning Clifford A. Anderson, and ending 
     Stephen G. Young, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 22, 
     1999.
       Navy nominations beginning Brian L. Kozlik, and ending 
     Stephen M. Wilson, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 20, 
     1999.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session.

                          ____________________




                   ORDERS FOR FRIDAY, APRIL 30, 1999

  Mr. NICKLES. Mr. President I ask unanimous consent that when the 
Senate completes its business today it stand in adjournment until 9:30 
a.m. on Friday, April 30. I further ask that on Friday immediately 
following the prayer, the Journal of proceedings be approved to date, 
the morning hour be deemed to have expired, and the time for the two 
leaders be reserved for their use later in the day.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. NICKLES. Mr. President, for the information of all Senators, the 
Senate will convene on Friday at 9:30 a.m. and immediately begin 30 
minutes of debate relating to the cloture on the Social Security 
lockbox issue. Following that debate, the Senate will proceed to two 
rollcall votes. The first vote will be on the cloture to the Abraham 
amendment to Senate bill 557. The second vote on Senate Resolution 33, 
regarding a National Military Appreciation Month, will take place 
immediately following the first vote. Therefore, Senators can expect 
two votes at approximately 10 a.m. For the remainder of the day, the 
Senate may continue to debate the lockbox issue or any other 
legislation or executive items cleared for action.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                         ORDER FOR ADJOURNMENT

  Mr. NICKLES. Mr. President, if there is no further business to come 
before the Senate, I now ask unanimous consent that the Senate stand in 
adjournment under the previous order following the remarks of my 
colleague, Senator Robb.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Virginia is recognized.
  Mr. ROBB. I thank my colleague from Oklahoma.
  (The remarks of Mr. Robb pertaining to the introduction of S. 929 are 
located in today's Record under ``Statements on Introduced Bills and 
Joint Resolutions.'')

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  The PRESIDING OFFICER. The Senate, under the previous order, stands 
adjourned until 9:30 a.m. Friday, April 30, 1999.
  Thereupon, the Senate, at 5:44 p.m., adjourned until Friday, April 
30, 1999, at 9:30 a.m.

                          ____________________




                             CONFIRMATIONS

  Executive Nominations Confirmed by the Senate April 29, 1999:


                       DEPARTMENT OF THE TREASURY

       DAVID C. WILLIAMS, OF MARYLAND, TO BE INSPECTOR GENERAL FOR 
     TAX ADMINISTRATION, DEPARTMENT OF THE TREASURY. (NEW 
     POSITION)


                         DEPARTMENT OF DEFENSE

       BRIAN E. SHERIDAN, OF VIRGINIA, TO BE AN ASSISTANT 
     SECRETARY OF DEFENSE.
       LAWRENCE J. DELANEY, OF MARYLAND, TO BE AN ASSISTANT 
     SECRETARY OF THE AIR FORCE.
       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. DONALD G. COOK

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. LANCE W. LORD.

                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                 To be brigadier general, Dental Corps

COL. KENNETH L. FARMER, JR.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED

[[Page 7986]]

     WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY 
     UNDER TITLE 10, U.S.C., SECTION 601:

                             To be general

LT. GEN. JOHN G. COBURN.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                 To be brigadier general, Medical Corps

COL. JOSEPH G. WEBB, JR.


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. LESLIE F. KENNE.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10 
     U.S.C., SECTION 601:

                             To be general

GEN. RALPH E. EBERHART.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE CHIEF 
     OF STAFF, UNITED STATES AIR FORCE, AND APPOINTMENT TO THE 
     GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 
     AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 
     8034:

                             To be general

LT. GEN. LESTER L. LYLES.


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS ASSISTANT 
     SURGEON GENERAL AND CHIEF OF THE DENTAL CORPS, UNITED STATES 
     ARMY, AND FOR APPOINTMENT TO THE GRADE INDICATED UNDER TITLE 
     10, U.S.C., SECTION 3039:

                          To be major general

BRIG. GEN. PATRICK D. SCULLEY.


                                  NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be vice admiral

REAR ADM. THOMAS R. WILSON.


                            IN THE AIR FORCE

       THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES 
     OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO 
     THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

                        To be brigadier general

COL. RONALD J. BATH.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE, UNDER TITLE 10, 
     U.S.C., SECTIONS 624 AND 1552:

                        To be lieutenant colonel

JERRY A. COOPER.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE AND APPOINTMENT AS 
     PERMANENT PROFESSOR, UNITED STATES AIR FORCE ACADEMY, UNDER 
     TITLE 10, U.S.C., SECTIONS 9333(B) AND 9336(A):

                             To be colonel

THOMAS A. DROHAN.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

STEPHEN K. SIEGRIST.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY IN THE JUDGE ADVOCATE 
     GENERAL'S CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 
     3064:

                        To be lieutenant colonel

DAVID A. MAYFIELD.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 
     10, U.S.C., SECTIONS 624, 628, AND 3064:

                        To be lieutenant colonel

FRANCISCO J. DOMINGUEZ.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS 
     UNDER TITLE 10, U.S.C., SECTIONS 531, 624, 628, AND 3064:

                              To be major

JAPHET C. RIVERA.

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

ROY T. MC CUTCHEON III.


                          IN THE MARINE CORPS

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, 
     U.S.C., SECTION 624:

                             To be colonel

HAROLD E. POOLE, SR.

       THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO 
     THE TEMPORARY GRADE INDICATED IN THE UNITED STATES MARINE 
     CORPS IN ACCORDANCE WITH SECTION 6222 OF TITLE 10, U.S.C.:

                             To be colonel

TIMOTHY W. FOLEY.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, 
     U.S.C., SECTION 624:

                              To be major

KENNETH C. COOPER.


                                  NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                            To be commander

LEO J. GRASSILLI.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                             To be captain

MELVIN D. NEWMAN.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE, 10, U.S.C., 
     SECTION 624:

                            To be commander

SCOTT R. HENDREN.


                            IN THE AIR FORCE

       AIR FORCE NOMINATIONS BEGINNING *HUSAM S. NOLAN, AND ENDING 
     JAMES H. WALKER, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 18, 
     1999.
       AIR FORCE NOMINATIONS BEGINNING ROBERT J. VAUGHN, AND 
     ENDING TODD B. SILVERMAN, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 
     22, 1999.
       AIR FORCE NOMINATIONS BEGINNING GERALD F BUNTING BLAKE, AND 
     ENDING JEFFERY A. RENSHAW, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 
     22, 1999.
       AIR FORCE NOMINATIONS BEGINNING HARVEY J. U. ADAMS, JR., 
     AND ENDING DAVID J. ZUPI, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 
     20, 1999.
       AIR FORCE NOMINATIONS BEGINNING RONALD G. ADAMS, AND ENDING 
     WALTER H. ZIMMER, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 20, 
     1999.


                              IN THE ARMY

       ARMY NOMINATIONS BEGINNING THOMAS M. JOHNSON, AND ENDING 
     *ANTHONY P. RISI, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 18, 
     1999.
       ARMY NOMINATIONS BEGINNING RANDALL F. COCHRAN, AND ENDING 
     *REGINA K. DRAPER, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 18, 
     1999.
       ARMY NOMINATIONS BEGINNING ALFRED C. FABER, JR., AND ENDING 
     EDWARD L. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 18, 
     1999.
       ARMY NOMINATIONS BEGINNING DALE F. BECKER, AND ENDING JOHN 
     F. STOLEY, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND 
     APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 18, 1999.
       ARMY NOMINATIONS BEGINNING JOHN D. KNOX, AND ENDING DAVID 
     M. SHUBLAK, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND 
     APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 20, 1999.
       ARMY NOMINATIONS BEGINNING JOSEPH J. SMITH, AND ENDING SARA 
     J. ZIMMER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND 
     APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 20, 1999.
       ARMY NOMINATIONS BEGINNING PAUL C. PROFFITT, AND ENDING 
     MICHAEL D. ZABRZESKI, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, 
     1999.


                          IN THE MARINE CORPS

       MARINE CORPS NOMINATIONS BEGINNING FRANCIS X. BERGMEISTER, 
     AND ENDING KENNETH P. MYERS, WHICH NOMINATIONS WERE RECEIVED 
     BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     APRIL 20, 1999.
       MARINE CORPS NOMINATIONS BEGINNING SETH D. AINSPAC, AND 
     ENDING JAMES B. ZIENTEK, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 
     20, 1999.
       MARINE CORPS NOMINATIONS BEGINNING ROBERT S. ABBOTT, AND 
     ENDING STEVEN M. ZOTTI, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 
     20, 1999.


                              IN THE NAVY

       NAVY NOMINATIONS BEGINNING CLIFFORD A. ANDERSON, AND ENDING 
     STEPHEN G. YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 22, 
     1999.
       NAVY NOMINATIONS BEGINNING BRIAN L. KOZLIK, AND ENDING 
     STEPHEN M. WILSON, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 20, 
     1999.



[[Page 7987]]

             CONGRESSIONAL RECORD 

                United States
                 of America



April 29, 1999





                          EXTENSIONS OF REMARKS

                ELDERLY HOUSING QUALITY IMPROVEMENT ACT

                                 ______
                                 

                          HON. JOHN J. LaFALCE

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. LaFALCE. Mr. Speaker, today, I plan to introduce the ``Elderly 
Housing Quality Improvement Act.'' I am pleased to be joined in this 
effort by ranking Banking Committee Democrats Vento, Kanjorski, and 
Frank, as well as many other co-sponsors.
  According to HUD's ``Worse Case Housing Needs'' study, 1.5 million 
elderly households pay over 50% of their income for rent or live in 
severely substandard housing. As our nation ages, and as our affordable 
housing stock continues to shrink, this problem is likely to get worse.
  The Elderly Housing Quality Improvement Act addresses this growing 
crisis through targeted funding increases and legislative changes 
designed to update and expand our stock of elderly housing, and to 
improve the quality of life of low-income seniors.
  As affordable elderly housing units built in the 1970's and 1980's 
have aged, project sponsors, many of them non-profits, all too often 
lack the resources for adequate repair and maintenance. The first goal 
of the Elderly Housing Quality Improvement Act is to give these 
sponsors additional tools and resources to properly maintain elderly 
housing.
  Most dramatically, the bill creates a new grant program for capital 
repairs for federally assisted elderly housing units, to be funded at 
$100 million a year. Funds would be awarded on a competitive basis, 
based on the need for the proposed repairs, the financial need of the 
applicant, and the impact on the tenants for failure to make such 
repairs.
  The bill also amends existing programs to improve the quality of 
elderly housing units. It facilitates the refinancing of high interest 
rate Section 202 elderly housing projects, by guaranteeing that at 
least half of refinancing savings, plus all excess reserve funds, may 
be retained for the benefit of the tenants or for the benefit of the 
project.
  The bill contains an innovative approach to accelerate the 
availability of 1997 Mark-to-Market Section 531 recapture grant funds, 
to enable affordable housing sponsors to make large capital 
expenditures. The bill also makes all federally assisted housing 
projects eligible for such grants. And, the bill increases annual 
income for non federally insured Section 236 affordable housing 
projects, by letting them keep ``excess income.''
  The second major goal of the bill is to make assisted living 
facilities more available and affordable to low income elderly. 
Assisted living facilities provide meals, health care, and other 
services to frail senior citizens who need assistance with activities 
of daily living. Unfortunately, poorer seniors who can't afford 
assisted living facilities are instead forced to move into nursing 
homes--with a lower quality of life at a higher cost.
  In order to overcome this affordability problem, the bill makes 
conversion of federally assisted elderly housing to assisted living 
facilities an eligible activity under the newly created capital grant 
program. It also authorizes the use of Section 8 vouchers to pay the 
rental component of any assisted living facility. This would make the 
200,000 elderly now receiving vouchers eligible to use them in assisted 
living facilities.
  The legislation also authorizes 15,000 incremental vouchers, on a 
demonstration basis, for low income seniors for use in assisted living 
facilities. These vouchers are to be made available to ten state 
housing finance agencies or local public housing agencies.
  Funds may be used so that an elderly tenant in project-based Section 
8 project-based housing who needs assistance with activities of daily 
living may receive a new voucher to move to an assisted living 
facility. The vouchers may also be used to incentivize construction of 
assisted living facilities which agree to serve low-income seniors.
  This demonstration would give us the opportunity to analyze whether 
authorizing additional Section 8 vouchers for this purpose might 
actually reduce government spending, by reducing the level of Medicaid 
expenditures that would otherwise be expended by the state and federal 
government in a nursing home setting.
  Third, the bill promotes the use of service coordinators, which help 
elderly and disabled tenants gain access to local community services, 
thereby promoting independence. This bill doubles funding for grants 
for service coordinators in federally assisted housing, and lets 
service coordinators serve other low-income seniors in a local 
community. It also provides funds for new public housing service 
coordinator grants, and mandates renewal of all expiring grants, 
including those grants not renewed in the FY 1998 lottery.
  Finally, the bill seeks to expand our stock of affordable housing for 
the elderly, by increasing Section 202 new construction of elderly 
housing by $50 million. It also encourages appropriators to consider 
demonstration projects which encourage the leveraging of funds from 
other sources, such as from tax credit deals, and to encourage the 
development of additional housing which is affordable for moderate 
income elderly.
  Earlier this year, the Chairmen of the Housing Subcommittee and 
Banking Committee introduced H.R. 202, which deals with the worthy goal 
of ``conversion'' of Section 202 elderly housing projects. The Elderly 
Housing Quality Improvement Act complements H.R. 202, and simply gives 
elderly housing sponsors additional tools to carry out their mission. 
It is my hope that Democrats and Republicans can work together in a bi-
partisan fashion to adopt the best of all these proposals and enact 
them into law.

                          ____________________




         THE 75TH ANNIVERSARY OF THE FAIRVIEW COMMUNITY CHURCH

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. KUCINICH. Mr. Speaker, today I rise in honor of the 75th 
Anniversary of the Fairview Community Church for their outstanding 
service to the Cleveland area for the past 75 years.
  Starting as just a Sunday School, with an enrollment of 129 people, 
the church grew to accommodate the growing community. On January 27, 
1924, the Fairview Christian Union Church was founded with 52 members 
from 28 families. As the community continued to grow many in the 
community were unchurched. In addition to expanding to bring more 
people in to the church the congregation supported Christian missions. 
Mission giving continues to be an important part of the church's 
tradition today, over seventy years later.
  Membership doubled and in April of 1936, even through hard financial 
times, the need for a building became apparent. With the support of the 
Cleveland Baptist Association a new Baptist chapter was formed. On May 
2, 1943, even through the financial challenges, the new church building 
was dedicated.
  In its effort to better serve the citizens of Cleveland on October 
13, 1968, The Fairview Church merged with the West Shore Baptist Church 
and became known as the Fairview Community Church. Over the years the 
church has become an active member in many programs such as FISH, Food 
For Our Brothers, and the building of Willowood Manor. To help the 
needy in the area the church is also involved at the Jones Home, St. 
Paul's Community Church, The City Mission and with the families at 
Garnett School.
  My fellow colleagues join me in honoring The Fairview Community 
Church for its outstanding commitment to the whole community, and 
especially the needy in the Cleveland area.

                          ____________________




                     TRIBUTE TO BOY SCOUT TROOP 116

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. RADANOVICH. Mr. Speaker, I rise today to pay tribute to Boy Scout 
Troop 116 which is celebrating its 50th year of service to

[[Page 7988]]

Madera, California. Troop 116 has influenced the lives of approximately 
700 men and boys in the values of citizenship, leadership by example, 
caring for the environment, respecting one's fellow man, and respecting 
the religious values of others.
  During the troop's 50 years it has guided 42 of its members through 
the requirements to attain the ultimate rank of Eagle Scout. About 
eight percent of Troop 116's youth have attained the Eagle Scout Rank--
about four times the national average. Scout training has also enabled 
two scouts to receive the Life Saving Awards from the National Council 
for saving a life while greatly risking their own.
  Troop 116 has participated in several activities, and encourages 
volunteerism. It has sent many members to the periodic National 
jamborees held at various national historical sites. Scouts have 
initiated and participated in numerous food and clothing drives for the 
needy, a variety of clean-up and local improvement projects, as well as 
volunteering and doing a host of maintenance and upgrading projects in 
state and federal parks.
  The Eagle Scouts will recognize their sponsor, The United Methodist 
Church of Madera, by presenting an Eagle's Nest as a sign of 
appreciation for the church's sponsorship over the past 50 years.
  Mr. Speaker, I rise today to recognize Boy Scout Troop 116 in their 
50th Anniversary for doing its part to positively influence the lives 
of men and boys in the Central Valley, and contribute to the community. 
I urge my colleagues to join me in wishing Troop 116 many years of 
continued success.

                          ____________________




  MEDICARE MODERNIZATION BILL NO. 3--RURAL CASE MANAGEMENT ACT OF 1999

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. STARK. Mr. Speaker, it gives me great pleasure to introduce the 
Rural Case Management Act of 1999, a common sense approach to 
delivering high-quality, coordinated health care in rural America. This 
is the third week, and the third bill, in my campaign to modernize and 
improve Medicare.
  Health care needs in rural areas are unique. Whereas many 
metropolitan areas suffer from an over-supply of providers, often there 
is only one provider serving a vast number of rural communities. One-
size-fits-all solutions do not work for these opposite ends of the 
health care spectrum.
  Yet, Republicans continue to promote managed care as the solution for 
all problems and people. Most recently, they have asked taxpayers to 
subsidize private managed care companies in rural counties, despite the 
widely acknowledged reality that managed care cannot function in rural 
areas due to the lack of providers. Changes made in 1997 BBA result in 
outlandish over-payments to private managed care plans that serve rural 
markets. In some counties, health plans are being paid almost twice as 
much as it costs traditional fee-for-service Secretary to operate 
there. Putting more money into an idea that simply cannot work is 
ridiculous. It's like watering a garden that has no seeds.
  The Rural Case Management Act of 1999 would eliminate the waste 
established in the BBA by making payments directly to rural providers 
who coordinate care for their patients. This benefit would help 
coordinate care for the chronically ill, such as diabetes or HIV/AIDS 
patients, improve notification for preventive services, such as 
mammograms and flu shots, and provide follow-up care for people who 
need it. The choice to participate would be entirely voluntary: no one 
would be ``locked in'' to the web of a rural managed care plan that had 
limited providers and limited budgets.
  There is no evidence that managed care is better for consumers than 
fee-for-service Medicine. In fact, for the frail chronically ill, 
evidence suggests the contrary. If HMOs were established in rural 
communities, beneficiaries in the area might be forced to join in order 
to get any service from the few local doctors and the one local 
hospital. Then, if they needed expensive care at a specialty center, 
would their local providers be reluctant to refer them to that center 
for care, when the cost would come out of the small budget of the 
local, rural HMO?
  In light of the Patients Bill of Rights debate and the managed care 
horror stories I have shared with my colleagues in the past, I wonder 
if we should be subjecting rural America to monopolistic ``managed 
care'' unless much stronger consumer protections and quality measures 
are in place.
  Providers are also having a difficult time with managed care. In a 
recent Project Hope survey, providers reported very serious problems 
with HMO reimbursement, clinical review, and paperwork. We should not 
encourage the growth of a health system with this many problems.
  The most valuable thing managed care offers is coordinated follow-up 
care. This is an administrative function. Providers in areas without 
managed care can serve this function effectively. We can reap the 
benefits of managed care without throwing more money at an idea that 
simply will not work. The bill I am proposing would pay rural providers 
a special amount to provide the best thing that managed care has to 
offer: care management.
  Some Members believe that bringing managed care into rural areas 
would being prescription drug coverage to rural beneficiaries. This is 
not likely. Managed care needs competition in order to work. But there 
will never be competition in many rural areas. The problem is that 
rural areas do not have ``extra'' providers to compete against one 
other.
  Competition is also what results in extra benefits in Medicare 
managed care. Health plans vying for greater enrollment entice 
beneficiaries to their plan by providing extra benefits, such as 
prescription drug coverage and zero deductibles. Due to the lack of 
competition, these extra benefits will seldom be offered in rural 
areas. A recent GAO report noted that prescription drugs were the only 
extra benefit for which overall beneficiary access increased in 1999. 
However, access to prescription drugs actually decreased in lower 
payment (i.e., rural) areas. This decrease occurred despite the 23 
percent payment increase in low-payment counties (compared to only 4 
percent increase in all other counties). The GAO report proves that 
more money will not guarantee extra benefits in rural areas. We must 
find creative alternatives to solve the unique problems of health 
access in rural America.
  Managed care is not a silver bullet solution for delivering health 
care. In the best of worlds, managed care can offer coordinated health 
services for enrollees. The same function can be provided by providers 
who live in rural areas and have an established relationship with their 
patients. This bill eliminates the middle man by sending payments 
directly to providers in rural areas. Instead of spending money to 
create managed care plans in areas of provider shortages, this bill 
helps to improve the quality of care by putting the money where it is 
needed most. I strongly encourage members' support.

                          ____________________




               IN RECOGNITION OF OCCUPATION THERAPY MONTH

                                 ______
                                 

                         HON. ELLEN O. TAUSCHER

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. TAUSCHER. Mr. Speaker, I rise in recognition of Occupation 
Therapy Month and in recognition of the invaluable services that 
occupational therapists provide to their patients. Occupational 
therapists provide people with the support, the rehabilitation, and the 
medical care that enables them to live full lives and function at the 
highest possible level, despite disability, illness, injury, or other 
limitations. Occupational therapists work in nursing homes, support 
individuals with mental illnesses, assist physically disabled 
individuals in performing ordinary life activities, and help children 
in our schools learn at the highest level. Occupational therapy is a 
necessary component of quality medical care in that it allows 
individuals who face physical challenges to retain their independence 
and to perform the daily activities that we all take for granted.
  I know from personal experience that this is true. A number of years 
ago, my father contracted Guillan-Barre Syndrome, a devastating illness 
which leaves the individual in temporary paralyzed state. We were truly 
fortunate that we had the highest quality medical care. The doctors 
saved my father's life. The therapists gave him his life. Their 
expertise and specialized knowledge allowed him to resume his daily 
activities and stay independent.
  My daughter Katherine is an active, energetic seven-year old who 
plays soccer and a number of other sports. Seeing her today, you would 
never guess that as an infant she spent a year of her life in a full 
body cast because of problems with her hip. Again, we had the most 
qualified and experienced doctors caring for her, but I believe that it 
was her therapists who were responsible for assuring that she would 
remain active and energetic for the rest of her life.
  Quality medical care is a composite and I would like to recognize the 
contribution that occupational therapists make in assuring that our 
medical system not only cures patients, but allows them to live their 
lives to the fullest.




                          ____________________


[[Page 7989]]


                    THE COURAGE OF ONE'S CONVICTIONS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. SMITH of New Jersey. Mr. Speaker, I want to call my colleagues' 
attention to the incisive commentary on the moral and religious 
dimensions of the horrific tragedy in Littleton, Colorado by Charles W. 
Colson, who many believe is one of the greatest Christian leaders in 
the world.
  The senseless killings at the Columbine High School are a direct 
challenge to human decency and powerfully underscore the consequences 
that can occur when the value of human life is eroded by our society 
and culture.
  Below is the full text of Mr. Colson's analysis of the killings, with 
a special emphasis on the heroism and courage of Cassie Bernall, who 
was gunned down, point blank, for merely professing her faith in God 
publicly.

                 [BreakPoint Commentary, Apr. 26, 1999]

                          Littleton's Martyrs

                         (By Charles W. Colson)

       It was a test all of us would hope to pass, but none of us 
     really wants to take. A masked gunman points his weapon at a 
     Christian and asks, ``Do you believe in God?'' She knows that 
     if she says ``yes,'' she'll pay with her life. But 
     unfaithfulness to her Lord is unthinkable.
       So, with what would be her last words, she calmly answers 
     ``yes, I believe in God.''
       What makes this story remarkable is that the gunman was no 
     communist thug, nor was the martyr a Chinese pastor. As you 
     may have guessed, the event I'm describing took place last 
     Tuesday in Littleton, Colorado.
       As the Washington Post reported, the two students who shot 
     13 people, Eric Harris and Dylan Klebold, did not choose 
     their victims at random--they were acting out of a 
     kaleidoscope of ugly prejudices.
       Media coverage has centered on the killers' hostility 
     toward racial minorities and athletes, but there was another 
     group the pair hated every bit as much, if not more: 
     Christians. And, there were plenty of them to hate at 
     Columbine High School. According to some accounts eight 
     Christians--four Evangelicals and four Catholics--were 
     killed.
       Among them was Cassie Bernall. And it was Cassie who made 
     the dramatic decision I've just described--fitting for a 
     person whose favorite movie was ``Braveheart,'' in which the 
     hero dies a martyr's death.
       Cassie was a 17-year-old junior with long blond hair, hair 
     she wanted to cut off and have made into wigs for cancer 
     patients who had lost their hair through chemotherapy. She 
     was active in her youth group at Westpool's Community Church 
     and was known for carrying a Bible to school.
       Cassie was in the school library reading her Bible when the 
     two young killers burst in. According to witnesses, one of 
     the killers pointed his gun at Cassie and asked, ``do you 
     believe in God?'' Cassie paused and then answered, ``Yes, I 
     believe in God.'' ``Why?'' the gunman asked. Cassie did not 
     have a chance to respond; the gunman had already shot her 
     dead.
       As her classmate Mickie Cain told Larry King on CNN, ``She 
     completely stood up for God. When the killers asked her if 
     there was anyone who had faith in Christ, she spoke up and 
     they shot her for it.''
       Cassie's martyrdom was even more remarkable when you 
     consider that just a few years ago she had dabbled in the 
     occult, including witchcraft. She had embraced the same 
     darkness and nihilism that drove her killers to such 
     despicable acts. But two years ago, Cassie dedicated her life 
     to Christ, and turned her life around. Her friend, Craig 
     Moon, called her a ``light for Christ.''
       Well, this ``light for Christ'' became a rare American 
     martyr of the 20th Century. According to the Boston Globe, on 
     the night of her death, Cassie's brother Chris found a poem 
     Cassie had written just two days prior to her death. It read:

     Now I have given up on everything else
     I have found it to be the only way
     To really know Christ and to experience
     The mighty power that brought
     Him back to life again, and to find
     Out what it means to suffer and to
     Die with him. So, whatever it takes
     I will be one who lives in the fresh
     Newness of life of those who are
     Alive from the dead.

       The best way all of us can honor Cassie's memory is to 
     embrace that same courageous commitment to our faith. For 
     example, we should stand up to our kids when they want to 
     play violent video games. We should be willing to stand up to 
     community ridicule when we oppose access to Internet 
     pornography at the local library.
       For the families of these young martyrs, I can only offer 
     deep personal sympathy and the hope that they might take 
     strength from the words Jesus spoke to the woman who honored 
     Him by pouring ointment on His head. ``Wherever this gospel 
     is preached in the whole world, what she has done will be 
     told in memory of her'' (Matthew 26:13).
       ``Well done, good and faithful servant. Now enter into the 
     joy of your Lord'' (Matthew 25:23).

     

                          ____________________



         CLEVELAND CATHOLIC BLIND COMMUNITY'S 50TH ANNIVERSARY

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. KUCINICH. Mr. Speaker, I rise today to recognize the Cleveland 
Catholic Blind Community for 50 years of providing support to the 
city's blind residents.
  The Catholic Blind Community, an organization for blind and partially 
sighted Catholics, was founded in 1949 by Mr. and Mrs. Glenn Hoffman. 
Because Mr. Hoffman himself was blind and his wife was partially 
sighted, they clearly understood the needs and challenges faced by the 
visually impaired. According to Mr. Green, the first president of the 
Catholic Blind Community, the group represented an effort ``to bring 
blind people into the Church and bring the Church closer to the 
blind.'' This mission was achieved with help from members of the St. 
Vincent de Paul society.
  By the mid-1970s, the organization had grown significantly in size 
and began meeting regularly at the St. Augustine Parish. The Catholic 
Blind Community soon joined in partnership with the parish and began 
working with the hunger center, the Deaf Community, and support groups 
established at the parish for those suffering from mental disabilities 
and illnesses. The blind quickly became integral members in the parish 
by singing in the choir, serving as lectors and Eucharistic ministers, 
serving on the parish council and planning parish activities.
  In 1994 the Catholic Blind Community organized the Catholic Blind 
Association, a voluntary association that is Catholic in character but 
welcomes members of all faiths. This additional group was organized to 
provide greater service to the Blind Community. The Blind Community now 
boasts a membership of 225 blind individuals.
  I would like to take this opportunity to commend Mr. Jim Green, the 
organization's first president who served for nine years and is honored 
by the group for his 50 years of volunteerism and leadership by voting 
him president in this anniversary year.
  Through its dedicated efforts, the group has worked to improve the 
quality of life for the blind. On behalf of all those whose lives have 
been affected by the group, I offer my congratulations to the Cleveland 
Catholic Blind Community for 50 years of service.

                          ____________________




                        TRIBUTE TO EDWARD BOELE

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. RADANOVICH. Mr. Speaker, I rise to pay tribute to Ed Boele for 
his dedicated loyalty to Electric Motor Shop for 53 years. Mr. Boele 
started working at the Electric Motor Shop on New Year's Day in 1946, 
and has been employed ever since.
  Ed Boele is as enthusiastic today as he was on his first day back in 
1946. Electric Motor Shop has been in Fresno since 1913. The need for 
electric motors flourished in Fresno and the San Joaquin Valley due to 
the agriculture. Ed Boele hasn't quite figured out what to call 
himself, he isn't an electrical technician, but he serves a vital 
purpose at the shop. Customer service is a large part of Boele's daily 
routine. He also purchases many of the electrical motors for the shop.
  When Ed started, he didn't know a nut from a bolt, his knowledge of 
electrical motors comes from years of working at the shop, and he says 
he's not done learning. Ed never considered quitting his work at the 
shop and told Frank that he would give him a years notice when he was 
ready to retire. In January 1998, at the age of 68, Ed finally gave 
Frank his years notice.
  Mr. Speaker, I rise today to pay tribute to Ed Boele on his 
retirement from Electric Motor Shop. Mr. Boele has been a dedicated 
employee from the first day he started. I urge my colleagues to join me 
in wishing Ed Boele happiness in his retirement.




                          ____________________


[[Page 7990]]


                 CELEBRATING A LIFETIME OF ACHIEVEMENTS

                                 ______
                                 

                          HON. JAMES A. BARCIA

                              of michigan

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. BARCIA. Mr. Speaker, it gives me great pleasure today to honor a 
dedicated father of four wonderful children and three grandchildren, a 
loyal and supportive friend, an outstanding humanitarian and a fiercely 
focused hardworking self-made entrepreneur, respected by all of his 
peers, Paul Mark Monea.
  Paul was born in the beautiful countryside of Ohio to George and 
Sylvia Monea, immigrants from Romania and Switzerland, respectively. 
George Monea missed his date with destiny by being two days late for 
the ill-fated Titanic on which he was scheduled to travel. Paul's 
parents always taught and instilled the virtues of honesty, integrity 
and family values. Although some individuals and trusted professional 
advisors over the years have taken incredible unfair advantage of Paul 
and his family, he has always stood by his upbringing motto, ``right 
will always ultimately win out.''
  Today I join Paul's children, Andrew, Michele, Brooke and Blake, his 
three grandchildren, Alex, Sean, and Brandon, his family friends and 
confidants Daniel, Sharie, Richard, Walter and Nora Bohlmann together 
with a host of supporters over the years to salute Paul Monea's triumph 
over incalculable odds. Paul's family and true friends have always 
stood by him over the years; a tribute to his honesty and integrity in 
working with his fellow colleagues. Paul proudly notes that his 
favorite pastime is spending time with his children and grandchildren.
  Charitable and community support in a silent behind the scenes 
fashion has always been Paul's style. As a young businessman, Paul 
mustered the support of his fellow Hobby Industry Association members 
to contribute on a per mile basis for his walk-a-thon dedication to the 
Muscular Dystrophy of America. Paul walked 28 straight days, over 400 
miles from Louisville, Ohio to King of Prussia, Pennsylvania and raised 
well over $25,000, all without any desire for personal publicity. This 
year marks the 25th Anniversary of that noteworthy event where Paul in 
his true reserved fashion is silently supporting Walk-A-Thon and other 
charitable events in his mid-west area. Paul has formed the Paul Monea 
Family Charitable Foundation, to benefit programs targeted to assisting 
our youth in a better quality of life and the elderly to live in 
dignity. Paul's challenge to the young people of America is: ``Focus on 
the future with honesty, integrity, and a spirit of innovation in your 
hearts.''
  Paul Monea is widely recognized as the World's leading trendsetter in 
state of the art, multi-level marketing and informercial programs. 
TaeBo, starring Billy Blanks, was the mastermind informercial creation 
of Paul who in his typical humble style gives credit for this 
phenomenal success story to everyone except himself. Incidentally, 
Johnny Unser, driving his father's ``retired'' number 92 will drive the 
``Tae-Bo'' race car at this year's Indy 500 in honor of America's 
National Fitness month. Prior to TaeBo, Paul originated the 2 for 1 
Dine out Programs, ``The Stimulator,'' pain relief product promotions, 
``My Little Angel,'' children's programs, and the ``Super Salsa'' 
machine for gourmets. Monea Publishing company is also the distributor 
of works done by artist Sharie Hatchett Bohlmann, who created the art 
commemorating the 1987 White House Easter Egg Roll. Always vigilant to 
offer to the world products which make life safer, cleaner, healthier 
and less troublesome, Paul is currently producing a ``Stop Smoking'' 
program that has proven results.
  Paul has never been a political person and those around Paul Monea 
are frequently reminded by him that his work is never about making 
money. On the contrary, it is always about providing a better way of 
life for others. This inward desire to provide innovative products 
because, ``It's the right thing to do,'' puts Paul Monea in a class by 
himself.
  Mr. Speaker, I invite you and our colleagues to join me in 
recognizing one of America's business leaders and legends, Paul Mark 
Monea. We salute him on his special day and thank him for the countless 
millions of people around the World whose lives he has made better 
because of his dedication to mankind.

                          ____________________




         NATIONAL CEMETERY FOR VETERANS IN MIAMI, FLORIDA AREA

                                 ______
                                 

                           HON. CORRINE BROWN

                               of florida

                    in the house of representatives

                        Thursday, April 29, 1999

  Ms. BROWN of Florida. Mr. Speaker, I am today introducing legislation 
requiring the Secretary of Veterans Affairs to establish a national 
cemetery in the Miami, Florida, metropolitan area to serve the needs of 
veterans and their families, and to report to Congress on a schedule 
for that establishment and an estimate of associated costs.
  I am distressed that the Department of Veterans Affairs continues to 
ignore the long-identified national veterans' cemetery needs of 
southern Florida. In both 1987 and 1994, the Miami area was designated 
by congressional mandated reports as one of the top geographic areas in 
the United States in which need for burial space for veterans is 
greatest. Yet, as late as August 1998, VA's strategic planning through 
the year 2010 indicated nothing more than a willingness to continue 
evaluating the needs of nearly 800,000 veterans in the Miami/Ft. 
Lauderdale primary and secondary service area. Mr. Speaker, that is 
over 54 percent of the estimated State veteran population and 3.3 
percent of the total U.S. veteran population. By VA's estimate, there 
will be nearly 25,000 veteran deaths in the greater Miami area in FY 
2000, and by the year 2010, the annual veteran death rate in southern 
Florida will be nearly 26,000.
  Although VA statistics show that demand for cemetery space will 
increase sharply in the near future--with burials increasing 42 percent 
from 1995 to 2010--the Administration's FY 2000 budget for VA failed to 
include a request for the funding required to initiate a single new 
national cemetery.
  Mr. Speaker, the time for evaluating the needs of southern Florida is 
long past and the time for action is rapidly slipping away. National 
veterans' cemeteries are not built in a day. It takes at least five-to-
seven years to plan and build one. For those who served this country 
with pride and dignity, VA has an obligation to provide an opportunity 
to be buried in a national cemetery near their home--an opportunity not 
now available to those who live in southern Florida.
  It has been the intent of Congress since the establishment of the 
National Cemetery System in 1862 that the Federal Government purchase 
``cemetery grounds'' to be used as national cemeteries ``for soldiers 
who shall have died in the service of the country.'' Today, of the 115 
national cemeteries administered by VA, only 57 are open to all 
interment, 36 can accommodate cremated remains and family members of 
those already interred, and 22 are closed to new interments. In 
southern Florida there is not a veterans cemetery of any description.
  I urge Members to support my legislation so that the Memorial Days of 
the 21st century can be observed by the families and friends of 
veterans in southern Florida at a nearby, appropriate national resting 
place of honor for an American hero.

                          ____________________




             THE MEDICARE CRITICAL NEED GME PROTECTION ACT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. STARK. Mr. Speaker, I rise today to introduce ``The Medicare 
Critical Need GME Protection Act of 1999.'' This important legislation 
seeks to protect our nation against the depletion of health care 
professionals that are trained to appropriately treat costly and deadly 
illnesses.
  Under current law, the Medicare program provides reimbursement to 
hospitals for the direct costs of graduate medical education training. 
That reimbursement is designed to cover the direct training costs of 
residents in their initial residency training period. However, if a 
resident decides to proceed with further training in a specialty or 
subspecialty, a hospital's reimbursement is cut to half (50 percent) 
for that additional training.
  The rationale for this policy is strong. In general, we have an 
oversupply of specialty physicians in our country and a real need to 
increase the number of primary care providers. By reducing the 
reimbursement for specialty training, the Medicare program has promoted 
increases in primary care training rather than specialty positions.
  I agree with this policy. However, as is often the case, there are 
always exceptions to the rule. We do not want to hinder training of 
particular specialties or subspecialties if there is strong evidence 
that there is a serious shortage of those particular physicians. That 
is why I am introducing The Medicare Critical Need GME Protection Act.
  To provide an example of a current subspecialty facing serious 
shortages of professionals, we can look at nephrology. Between 1986 and 
1995, the number of patients with

[[Page 7991]]

End Stage Renal Disease (ESRD) has more than doubled. At present, more 
than 40 million Americans die from kidney failure or its complications 
each year. In 1998, the estimated cost to treat ESRD exceeded $12 
billion. However, current data indicates that only 51.8 percent of 
today's nephrologists will still be in practice in the year 2010.
  Most primary care physicians are not trained to treat the complex 
multi-symptom medical problems typically seem in ESRD and are 
unfamiliar with particular medications and technology prescribed for 
such patients. The decreasing supply of nephrologists, coupled with an 
expanding population of renal patients, puts the health of our nation 
at risk.
  The Medicare Critical Need GME Protection Act provides a tool to help 
combat such shortages of qualified professionals. The bill would simply 
provide the Secretary of Health and Human Services with the flexibility 
to continue full-funding for a specialty or subspecialty training 
program if there is evidence that the program has a current shortage, 
or faces an imminent shortage, of physicians to meet the needs of our 
health care system. The Secretary would grant this exception only for a 
limited number of years. The Secretary would have complete control of 
the exception process. Programs would present evidence of the shortage 
and she could agree or disagree with the analysis. Nothing in this bill 
would require the Secretary to take any action whatsoever.
  The bill also includes protections for budget neutrality. If the 
Secretary approves a specialty or subspecialty training program for 
full-funding under this bill, the Secretary must adjust direct GME 
payments to ensure that no additional funds are spent.
  Again, The Medicare Critical Need GME Protection Act does nothing 
more than provide limited flexibility to the Secretary of Health and 
Human Services to ensure that we are training the health care 
professionals that meet our nation's needs.
  I would encourage my colleagues to join me in support of this 
important legislation. By giving the Secretary the flexibility to 
allocate funds to attract and train professionals in certain ``at 
risk'' fields of medicine, we will significantly improve patient care 
and lower long term health care costs.

                          ____________________




                      A TRIBUTE TO MORRIS W. OFFIT

                                 ______
                                 

                           HON. NITA M. LOWEY

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. LOWEY. Mr. Speaker, I rise today to express my great admiration 
for Morris Offit, a remarkable individual and leader in the world of 
business and finance who this year will be honored by the Educational 
Alliance for his exceptional community service.
  A man of high principle, piercing intelligence, and boundless energy, 
Mr. Offit has acquired a well-deserved reputation for financial 
expertise and creativity. He formed Offitbank in 1983 and has since 
built it into a highly respected wealth management firm offering 
comprehensive investment management services to private clients and 
not-for-profit institutions.
  Mr. Offit's professional success is matched by his devotion to 
philanthropy and community service. He has served as Chairman of the 
Boards of Johns Hopkins University and the Jewish Museum, as well as in 
leadership positions with organizations such as UJA-Federation of New 
York.
  We are a better community and nation thanks to Morris Offit's vision 
and leadership. I am confident that his exceptional example will remain 
a source of guidance and inspiration for many years to come and that he 
will continue to set a standard of excellence in all his professional 
and civic endeavors.

                          ____________________




        CELEBRATION OF THE FREE SONS OF ISRAEL 150TH ANNIVERSARY

                                 ______
                                 

                         HON. CAROLYN McCARTHY

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. McCARTHY of New York. Mr. Speaker, it is with great pleasure 
that I rise to celebrate a momentous occasion, the 150th Anniversary of 
the Free Sons of Israel, the oldest Jewish Fraternal Benefit Society in 
the United States. The society was established in 1849 and officially 
marked 150 years on January 7, 1999. This is an impressive achievement 
and I am proud to call many of the members of the Free Sons of Israel 
my good friends.
  The Free Sons of Israel are a national order, formed to promote the 
ideals of their motto: Friendship, Love and Truth. They protect the 
rights of Jews and fight all forms of persecution on behalf of their 
members. During the years, their scope has broadened to include all 
people worldwide, regardless of race, religion or color.
  This special organization is the first of its kind to donate a 
substantial amount of money to the Holocaust Museum in Washington, D.C. 
Furthermore, their charitable arm has raised millions of dollars for 
worthwhile causes on a non-sectarian basis, including thousands of toys 
that they donate during the holidays to needy children in hospitals and 
care centers. The Free Sons of Israel has a scholarship Fund that 
grants awards to its members and children. it also has a bloodbank, 
credit union and insurance fund.
  The Free Sons of Israel make this a better place for people 
throughout Long Island, New York and the entire world. They are a model 
of community service and action. I thank my friends for all their work 
and I commend them on this important anniversary.

                          ____________________




      IN HONOR OF THE ASSOCIATION OF PHILIPPINE PHYSICIANS IN OHIO

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. KUCINICH. Mr. Speaker, I rise today to honor the 25th anniversary 
of the Association of Philippine Physicians in Ohio (APPO).
  The APPO is a non-profit, professional organization of Filipino 
American physicians in Northeast Ohio. The group strives to provide 
continuing medical educational programs for physicians and allied 
professionals and conducts medical and surgical missions to the 
Philippines for the indigent. APPO also sponsors scholarships and 
grants to deserving medical students in the U.S. and in the 
Philippines. The selfless members of APPO are committed to helping the 
needy and less fortunate, and they often volunteer in free clinics, 
hunger centers and nursing homes.
  APPO will be celebrating its 25th anniversary in conjunction with its 
annual Sampaguita Ball on May 1, 1999. The Sampaguita Ball is a fund 
raising event to support the various charitable projects of the 
organization.
  My fellow colleagues, please join me in honoring the Association of 
Philippine Physicians in Ohio for the service they have provided to the 
Cleveland area and to those in the Philippines for 25 years.

                          ____________________




          THE WORLD CELEBRATES THE DUKE'S CENTENNIAL BIRTHDAY

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. CONYERS. Mr. Speaker, today is a historic day for jazz lovers all 
over the world, because today marks Duke Ellington's 100th birthday. 
Edward Kennedy Ellington was born right here in the Nation's capital on 
April 29, 1899. The nickname Duke was given to him by his friends 
because of his regal air and his love of fancy clothes with elegant 
style. He retained those traits throughout his life, but he wore his 
sophistication without a hint of pretentiousness. The Duke was a genius 
at instrumental combinations, improvisions, and jazz arranging which 
brought the world the unique ``Ellington'' sound that found consummate 
expression in works like ``Mood Indigo,'' and ``Sophisticated Lady.''
  He said he decided to become a musician when, in his youth, he 
realized that ``when you were playing piano there was always a pretty 
girl standing down at the bass clef end of the piano.'' It became 
obvious that he was truly talented when he played his first musical 
composition, ``What You Gonna Do When the Bed Breaks Down?'' When he 
finished the crowd went wild and demanded more, however, since he had 
not written any other music he changed the arrangement and style right 
there on the spot. Thus, began the Duke's magnificent career as one of 
the world's greatest composers.
  A pioneer, an innovator and an inspiration to generations, Duke 
Ellington personified elegance and sophistication. Also, he was a 
creative genius who never stopped exploring new dimensions of his 
musical world. By the end of his life, he would declare, ``Music is my 
mistress.'' And so it was. No other lover was ever better kept, or in 
grander style. Duke Ellington knew how to treat his Muse. And she 
returned the favor.
  The power of his presence was as strong off the stage as on. 
Ellington's nephew, Stephen James, says, ``When you were in his 
presence, you felt it. If no one knew him and

[[Page 7992]]

he were in . . . [a] room, everybody would be drawn to him. It was just 
the nature of his aura, his magnetism.''
  Ellington's career as a bandleader lasted more than fifty years; 
during at least forty-five of which he was a public figure of some 
prominence. It is often said that there were three high-water marks in 
that span. The first occurred in the late 1920s, when he attained the 
security and prestige of a residency at the Cotton Club, where the best 
black entertainers of the day worked for gangsters and performed at 
night for all-white audiences. Duke survived those years with his 
dignity intact--no small achievement--and he learned from his 
musicians, some of whom were then more skilled than he. By the end of 
the twenties, he had begun to experiment as a composer and arranger, 
and had several hits under his belt.
  In the early thirties, he sharpened his skills, and made his first 
attempts at composing longer works. By the late thirties, he had 
assembled the best collection of players he ever had under his command 
at one time. Duke showed off his musicians in miniature masterpieces, 
three-minute concertos that displayed a single soloist against the 
backdrop of a tightly-knit ensemble. Many of these pieces are among his 
most enduring. Others from this time, equally memorable, explore a 
dizzyingly shifting labyrinth of textures, as different instruments 
take the lead and the accompaniment moves from one section of the band 
to another.
  Billy Strayhorn, a brilliant young arranger who had joined the band 
in 1939, became increasingly important as Duke's principle collaborator 
in composition. By most accounts, Strayhorn was a musical genius of 
Mozartean proportions for whom composing music was as natural as 
breathing. Capable of doing almost anything musically, he chose to 
spend most of his adult life as an adjunct to Ellington, matching his 
compositional style to the maestro's, but also introducing some new 
musical concepts that would become part of Duke's palette. Ellington 
always learned from his musicians, but Strayhorn was his postdoctoral 
fellowship.
  Duke Ellington created a body of music that endures and always 
rewards. His place in the sweep of American music is unique, and his 
stature is the equal of that of any of the acknowledged European 
masters.
  In 1988, Congress appropriated funds for the acquisition and care of 
Duke Ellington's vast archives. Today I went before the Subcommittee on 
Labor, Health and Human Services and Education and requested that $1 
million be added to the FY 2000 appropriation for the Department of 
Education Program and that it be earmarked for the Smithsonian 
Institution's Jazz Program.
  We must continue to keep Duke's music alive for all generations.

                          ____________________




                  A TRIBUTE TO DR. RAYMUNDO D. TALABAN

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. EMERSON. Mr. Speaker, I rise today to pay tribute to Dr. 
Raymundo D. Talaban who is retiring from Madison Medical Center after 
28 years of dedicated service to the medically under served people of 
southern Missouri. Dr. Talaban is a doctor of medicine, (an 
accomplishment that earns accolades by itself), but more importantly he 
is a doctor in a part of my District which typifies rural America. Some 
may have a hard time understanding the problems with health care access 
in rural America. Mr. Speaker, in southern Missouri there are only 
three health care professionals for every 100 people, and the average 
hospital is located anywhere from 35 minutes to two hours away from the 
next hospital. Many times people must take time from work and drive 
hours to the nearest hospital to receive what other people would 
consider a routine procedure or checkup. So you see, in this part of 
America, Dr. Talaban is not just another doctor, he is one of a few who 
brings care and attention to many.
  Dr. Talaban's wife, Nenita, has proudly shared with me some of the 
her husband's wonderful accomplishments. I would have to say that Dr. 
Talaban's most outstanding achievement must be his family, including 
his three daughters: Caroline, Catherine, Andrea and his three 
grandchildren. I'm sure they realize what a wonderful father and 
grandfather they have, a role model and a man who spent the entirety of 
his life helping others.
  Dr. Talaban received his medical degree from Far Eastern University 
Medical School in Manilla, Phillippines. Before he came to Madison 
Medical Center, Dr. Talaban worked at Missouri Baptist Hospital and St. 
Louis State Hospital. The folks of southern Missouri were lucky enough 
to have him come on board at Madison Medical Center in 1971. There Dr. 
Talaban held two prestigious positions as Vice Chief of Staff and Chief 
of Surgery. He not only established a record of outstanding care, but 
also a history on unfailing compassion.
  Dr. Talaban also found time to volunteer his services to the American 
Red Cross and advisor to the American Cancer Society. His membership in 
many prestigious groups including the Philippine Medical Society of 
Greater St. Louis, the American Medical Society, The American Society 
of Abdominal Surgeons, the Missouri State Medical Society, and the St. 
Louis Metropolitan Medical Society enhanced his ability to give quality 
health care to the people of Madison County.
  Dr. Talaban, I want to thank you for dedicating your life to helping 
others. Although we all will be sorry to see you leave Madison Medical 
Center, we hope that you will heartily enjoy the years of your 
retirement. My thoughts are with you, Dr. Talaban, as you, your family 
and friends come together to celebrate all the important years that you 
dedicated to our community. You had a very positive impact on peoples' 
lives in rural southern Missouri, and we will never forget your 
dedication and service to our community.

                          ____________________




                         IN MEMORY OF ART PICK

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                       HON. GEORGE E. BROWN, JR.

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. CALVERT. Mr. Speaker, today my colleague, Mr. Brown of 
California, and I would like to honor and pay tribute to an individual 
whose dedication to the community and to the overall well-being of the 
city of Riverside, CA, is unparalleled. Riverside was indeed fortunate 
to have such a dynamic and dedicated community leader who willingly and 
unselfishly gave of his time and talents to make his community a better 
place in which to live and work. The individual we are speaking of is 
Mr. Art Pick, who we were fortunate to have been able to call our 
friend. He died yesterday at the age of 68.
  Born Joseph Arthur Pickleheimer, Jr., Art moved to Riverside from 
Kentucky in 1955. A fixture in the community, Art was a man who never 
shied away from community involvement. Art led the Greater Riverside 
Chambers of Commerce for 26 years, first as executive vice president, 
then as executive director and chief executive officer. He truly 
believed that Riverside was the best place in the world, and worked 
tirelessly to get that message across to others. In his position, he 
reached out to the Hispanic and African-American Chambers of Commerce 
to ensure that the area's diverse business community worked together.
  Art knew education was key to job creation in his community. A 
graduate of the University of California at Riverside, he was an 
enthusiastic member and officer of the Alumni Association. Besides 
being an unabashed booster for his alma mater, Art also recognized the 
role that the private and community colleges in Riverside played in 
preparing the workforce for a recovering local economy.
  He was also active in many community organizations, including serving 
as a Riverside City Councilman; serving as a La Sierra University 
trustee; founding member of the Inland Area Urban League; and, serving 
as a trustee for the Riverside Community College District. He was also 
a lifelong supporter of the Sherman Indian School. His good deeds and 
work in the community would fill pages and pages were we to try and 
list them all.
  Art's forthright honesty and outspokenness rubbed more than a few 
politicians and journalists the wrong way. But we always remembered 
that his goal, first and foremost, was what was good for his city. And 
those of us on the receiving end of Art's comments were always better 
for the experience because Art was so often right; and, if he wasn't 
right, well at least he had made us think long and hard about the 
subject at hand.
  Our deepest condolences go to his wife, Galina Mokshina; his 
daughter, Maria; and his brother, David. Art was a true patriot and an 
outstanding American who will be deeply missed by everyone in the 
community. We can best honor him by trying to meet the same high 
standard he set as a patriot, citizen, and friend.




                          ____________________


[[Page 7993]]


                  TRIBUTE TO DEAN BENNETTE LIVINGSTON

                                 ______
                                 

                           HON. FLOYD SPENCE

                           of south carolina

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. SPENCE. Mr. Speaker, I rise today to bring to the attention of 
the House an outstanding South Carolinian, Dean Bennette Livingston, 
who is retiring on April 30th, as the Publisher of The Times and 
Democrat, the daily newspaper of Orangeburg, South Carolina. He is a 
man of many accomplishments.
  Dean Livingston first became associated with the newspaper business 
at the age of 12, when he was a production employee and a columnist for 
the Orangeburg Observer, a weekly newspaper for which he wrote the 
``Teen Talk'' column. He attended The University of South Carolina on a 
football scholarship, and he also managed to find the time to 
contribute articles to the school newspaper, The Gamecock. After 
graduation from Carolina, Dean Livingston joined the staff of The Times 
and Democrat for a brief period before leaving for three years to serve 
his Country in the United States Air Force, as a navigator. Upon 
completion of his military service, he returned to Orangeburg, where he 
became the Managing Editor of The Times and Democrat. At the age of 29, 
Dean Livingston became the youngest newspaper publisher in South 
Carolina, a post he has held for thirty-seven years. He is now the 
longest-serving newspaper publisher in the history of the Palmetto 
State.
  Under the leadership of Dean Livingston, The Times and Democrat has 
received hundreds of awards for news and advertising, as well as been a 
pioneer for innovations in newspaper printing in South Carolina. In 
1965, The Times and Democrat became the first newspaper in our State to 
convert to offset printing, and, in 1990, it became the first South 
Carolina newspaper to paginate by computer to a full-page typeset 
format.
  Dean Livingston has been a leader in professional associations and in 
civic affairs, serving as the President of the South Carolina Press 
Association, the South Carolina Press Association Foundation, the AP 
News Council, and the Orangeburg Chamber of Commerce. He has also 
supported journalism internship programs for college students. His 
lovely wife, Grace, has been a true partner in his many activities, and 
she has served as the President of the Women's Division of the South 
Carolina Press Association.
  The numerous contributions of Dean Livingston to the newspaper 
industry in South Carolina and across the Southeast are widely known by 
his colleagues. He has influenced many lives and he has always 
advocated high standards in journalism.
  I consider it a privilege to have known Dean Livingston since our 
days together as students at The University of South Carolina. He has 
always provided wise counsel and I have appreciated his insight into 
current events. Although he is entering retirement, I am certain that 
he will continue to make significant contributions to the newspaper 
business, to which he is devoted, and to the Midlands of our State. He 
is truly a great South Carolinian.

                          ____________________




                  CONGRATULATIONS TO TERRY BOTTINELLI

                                 ______
                                 

                         HON. STEVEN R. ROTHMAN

                             of new jersey

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. ROTHMAN. Mr. Speaker, on Friday, May 7, 1999, Terry Paul 
Bottinelli, Esq. will be sworn in as the 101st President of the Bergen 
County Bar Association in Woodcliff Lake, New Jersey.
  I have known Terry for many years; he is a trusted friend and a 
gifted attorney practicing in Hackensack, New Jersey in the 9th 
Congressional District. He is a partner in the law firm of Herten, 
Burstein, Sheridan, Cevasco, Bottinelli & Litt, where he specializes in 
personal injury litigation.
  Terry is a resident of Wyckoff, New Jersey, and is a Member of the 
New Jersey and Florida Bars. He has been admitted to the United States 
Tax Court and the New Jersey Federal District Court. He received his 
Juris Doctor from Western New England School of Law; he also studied at 
Rutgers School of Law. His undergraduate work was done at Fairfield 
University and the Universidad de Madrid.
  Terry Paul Bottinelli serves as Planning Board Attorney for the 
Borough of Bogota in Bergen County. He also serves the Borough of 
Cresskill as the Municipal Court Judge.
  Terry is affiliated with the American Bar Association, the American 
Trial Lawyers Association, the New Jersey Trial Lawyers Association, 
the New Jersey State Bar Association, the Bergen County Bar 
Association, The Florida Bar, and the American Arbitration Association. 
As an affiliate with the Bergen County Bar Association, Terry is a 
Trustee of the Young Lawyers Division, the Chair of the Civil Practice 
Committee, the Chair of the Law Day Committee; he is a Delegate to the 
State Bar General Council and represents the People's Law School in 
conjunction the ATLA.
  Terry Paul Bottinelli had dedicated many hours to civic activities in 
Bergen County. He is a Trustee of the Wyckoff Community School, a 
Member of the Boy Scouts of America, Explorer Advisory Committee, 
serves the Bergen County Office on Aging, Senor Citizen Pro Bono Legal 
Services Program, and is a football coach in the Wyckoff Recreation 
League.
  Terry Paul Bottinelli, Esp. is indeed an outstanding attorney and 
American citizen who has well-earned the confidence of his colleagues 
in the Bergen County Bar Association who have elected him their new 
President. I am proud to call him my dear friend. The residents of my 
Congressional District owe Terry a debt of gratitude for his 
outstanding legal and civic work. He is truly a remarkable individual, 
and I take great pleasure in extending my sincere congratulations to 
him on this wonderful occasion.

                          ____________________




                       HONORING FERNANDA BENNETT

                                 ______
                                 

                         HON. GARY L. ACKERMAN

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. ACKERMAN. Mr. Speaker, I rise today to honor Fernanda Bennett, 
whose dedication and perseverance has made the fifth district Annual 
Congressional High School Art Competition a resounding success year 
after year. 1999 marks the seventh year that the Nassau County Museum 
of Art generously hosts this noteworthy event, displaying the pieces 
entered into competition from high schools in Nassau, Queens and 
Suffolk counties. As the Assistant Director and Registrar, Ms. Bennett 
directs the smooth installation and public display of these works.
  Her enormous contribution to the art competition is indicative of her 
successful career at the museum. Fernanda Bennett started as an intern 
in 1983, and has since worked her way up through the staff. Over the 
years, she has helped plan, organize, and install over fifty 
exhibitions, ranging from Tiffany lamps to Picasso canvases. As the 
Registrar, Ms. Bennett handles the details on insurance, transport, and 
display of numerous, invaluable pieces of art. She also helps maintain 
records of all borrowed items by collecting photos and documenting 
their exhibition histories.
  As Assistant Director, Ms. Bennett oversees the day to day operation 
at the museum. She ensures that the building is kept clean and that the 
gallery environment is properly maintained. In addition, she inspects 
the artwork to ensure that it is cared for in a manner benefiting its 
valuable status. Because of its location on a 145 acre preserve, The 
Nassau County Museum of Art exhibits a collection of monumental outdoor 
sculptures. Ms. Bennett oversees the preparation of the sites for 
sculpture installation, handles the removal and placement of these 
magnificent pieces, and administers the care needed to display the 
works at their finest.
  Her commitment to the museum and years of service to the community 
have enabled the fifth district art competition to be one of the 
biggest and best in the country. Seven years ago, only fifty students 
participated in this event. Due largely to Ms. Bennett's extraordinary 
dedication, that number has jumped by fifth percent; in the last two 
years, an average of seventy-five students per year have taken part in 
the competition. Therefore, I ask all of my colleagues to join me in 
honoring this remarkable individual, Fernanda Bennett.

                          ____________________




                84TH COMMEMORATION OF ARMENIAN GENOCIDE

                                 ______
                                 

                               speech of

                        HON. WILLIAM O. LIPINSKI

                              of illinois

                    in the house of representatives

                       Wednesday, April 21, 1999

  Mr. LIPINSKI. Mr. Speaker, I want to first thank Mr. Pallone and Mr. 
Porter for organizing a special order on April 21 to commemorate the 
Armenian genocide and their

[[Page 7994]]

leadership as co-chairmen of the Congressional Armenian Issues Caucus. 
I would also like to salute Mr. Bonior and Mr. Radanovich for their 
vision and initiative in introducing a resolution calling for a 
collection of all U.S. records relating to the Armenian genocide.
  On the 84th anniversary of the Armenian genocide. I rise today to 
join my colleagues and the Armenian-American community in honoring the 
memories of those who perished at the hands of the Ottoman Empire. 
April 24, 1915 is recognized the world over as the day hundreds of 
Armenian leaders in Constantinople were rounded up and killed. 
Thousands more were murdered in public. This began an eight year long 
killing spree that claimed the lives of over 1.5 million Armenian men, 
women and children--half of the world's Armenian population at the 
time. Moreover, 500,000 Armenians were forcibly driven out of their 
homeland to seek refuge in other nations. By 1923 the Turks 
successfully eradicated nearly all traces of a 3000 year-old 
civilization. There were 2.1 million Armenians in Turkey before 1915, 
now there are only 100,000, and Armenia itself is nearly empty of 
Armenians. An entire civilization was forced to watch as their world 
disintegrated around them.
  We cannot, should not and will not forget this tragic chapter in 
world history. It is a sad and shameful period. This moment allows us 
to reflect the dark side of human nature, a side we sometimes are 
unwilling to acknowledge, but acknowledge we must. If we do not 
remember, we are condemned to repeat our past mistakes.
  Mr. Speaker, I stand today with the Armenian-American community to 
commemorate the memories of the victims of the Armenian genocide in the 
hopes of such a crime against humanity will never be repeated. The 
Turks ravaged an entire civilization. We must heed the lessons 
contained in this sad and shameful period, we must remember, and we 
must learn never to forget.

                          ____________________




                  TRIBUTE TO SEVEN DEDICATED TEACHERS

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. VISCLOSKY. Mr. Speaker, it is my distinct honor to commend seven 
dedicated teachers from Northwest Indiana who have been voted 
outstanding educators by their peers for the 1998-1999 school year. 
These individuals, Bea Cak, Debra Clements, Jayne Gardner, Kevin 
Garling, Brenda Kovich, Toni Sulewski, and Denise Thrasher will be 
presented the Crystal Apple Award at a reception sponsored by the 
Indiana State Teachers Association and Horace Mann Insurance Company. 
This glorious event will take place at the Broadmoor County Club in 
Merrillville, Indiana, on Tuesday, May 4, 1999. Toni Sulewski will also 
receive the Torch of Knowledge Award for being selected the outstanding 
member of this distinguished group of educators.
  Bea Cak from Hanover Community School Corporation has taught for 27 
years. Currently she teaches second grade half of the day, and serves 
as the district elementary resource teacher at Jane Ball Elementary the 
other half of her workday. As a resource teacher, Bea has the 
responsibility of providing information and techniques to keep staff 
personnel updated. During monthly staff in-service sessions she shares 
creative K-6 activities that all teachers can utilize in their 
classrooms. Her colleagues know her as a dedicated teacher since she 
puts so much time into developing special projects for the school and 
her surrounding community.
  Debra Clements is described by her peers as an outstanding 
professional and dedicated teacher. She is an English/language arts 
teacher at Highland High School where she has taught for 19 years. To 
grow professionally, Debra has been actively involved in textbook 
selections and handbook revisions. She strives to be approachable and 
communicates well with administrators, fellow teachers, students and 
parents. Her special inner core of education-related beliefs and 
opinions are well received and respected.
  Within her 25 years of teaching, Jayne Gardner had the opportunity to 
teach in many diverse settings. Currently, she serves as an English/
language arts teacher at Kahler Middle School. She utilizes her ability 
as a mediator to discuss and address the concerns of teachers. Through 
her caring attitude she exhibits a great deal of thoughtfulness towards 
both students and teachers. Jayne's dedication to the profession of 
teaching is exemplary to any new educator.
  For the past 13 years, Kevin Garling has been the agriculture teacher 
at Lowell High School. His teaching approach is built upon the theme 
``Kids come first.'' As a sponsor of the Future Farmers of America, he 
has taken the club members to state and national competitions. He has 
created a parental group to work with the club members. Kevin's 
unselfishness and commitment to his students are an inspiration to all 
who know him.
  Brenda Kovich, a national board certified teacher, has worked with 
academically talented students at Elliott Elementary School in Munster, 
Indiana, for the past 15 years. She has written and received numerous 
grants, including a grant from the Lilly Foundation. Brenda is a 
continuous source of enthusiasm for both her students and others.
  Toni Sulewski from the Crown Point Community School Corporation has 
taught for 30 years. Dedicated to those students who have difficulty 
with school, she persevered to ensure an alternative school program was 
developed in the community. As a professional educator, she works 
closely with the special education staff to adapt teaching methods to 
the various students' learning styles. Her performance as a 
professional is twofold: one is her dedication to the students and 
their development; while the second is her dedication to fellow 
teachers and the safety of their environment.
  Denise Thrasher teaches foreign language and literature at North 
Newton High School. Her commitment to students is obvious. She tutors 
students during lunchtime and also after school. Despite having cancer 
surgery and undergoing chemotherapy treatments, she has remained very 
active both teaching and serving on local and state school committees. 
Denise's energy is an incentive to all.
  Mr. Speaker, I ask you and my distinguished colleagues to join me in 
commending these outstanding educators on their receipt of the 1999 
Crystal Apple Award. The years of hard work they have put forth in 
shaping the minds and futures of Northwest Indiana's young people is a 
true inspiration to us all.

                          ____________________




                    TRIBUTE TO MS. DOROTHY ELLSWORTH

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. KUCINICH. Mr. Speaker, I rise today to recognize the labor career 
of Ms. Dorothy ``Dottie'' Ellisworth-Gannon. Since 1977 Ms. Ellsworth-
Gannon, Assistant Director of the Legislative Department, has served 
the International Association of Machinists and Aerospace Workers with 
distinction (IAM).
  Dottie has announced her retirement efffective June 1, 1999. This 
announcement culminates a career dedicated to advancing the interests 
of working men and women. She is currently a senior member of the AFL-
CIO Administrative Committee, where she worked with affiliated union 
lobbyists to advance and protect common interests in the legislative 
arena.
  Dottie, considered one of Washington's premier lobbyists, has 
demonstrated great effectiveness and sensitivity in dealing with the 
needs and issues that particularly affect IAM members. She has also 
commanded the respect of Members of Congress from both parties who had 
the opportunity to work with her.
  On April 28, 1999, a retirement dinner will be held by the 
International Association of Machinists and Aerospace Workers for her 
dedication and outstanding performance for the past twenty-two years. 
Mr. Speaker, I ask you to join me in honoring Ms. Ellsworth-Gannon for 
her distinguished labor career and offer her my best wishes for the 
future.

                          ____________________




 INTRODUCTION OF THE STATE INFRASTRUCTURE BANKS FOR SCHOOLS ACT OF 1999

                                 ______
                                 

                         HON. ELLEN O. TAUSCHER

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. TAUSCHER. Mr. Speaker, today I am introducing the State 
Infrastructure Banks for Schools Act of 1999. I urge my colleagues to 
support this important piece of legislation.
  It is a distressing fact that across our Nation we have nineteenth 
century schools and libraries for twenty-first century students. In our 
inner-cities, rural communities, and suburban neighborhoods, children 
are attending schools where toilets clog, computers cannot link to the 
Internet, and roofs leak. Public libraries do not fare much better, 
often lacking adequate space to house their materials or to run after-
school reading programs. And it is our kids who suffer as a result.
  By now we all know that our Nation's schools require an overwhelming 
$112 billion

[[Page 7995]]

to repair America's education infrastructure. Behind this glaring 
statistic is the additional need for library construction. The one 
source of Federal aid to libraries, the Library Services and Technology 
Act, no longer covers major construction of libraries. If we do not 
start investing in our schools and libraries immediately, we will end 
up paying a much higher price down the road for graduating students who 
will not be adequately prepared to compete in the New Economy.
  In fact, studies now reveal the obvious: a direct correlation exists 
between the condition of school facilities and the academic achievement 
of our students. That's right, our kids grades are affected by the 
state of their school. This should come as no surprise. It is difficult 
to learn when the roof is leaking or blackouts occur because too many 
computers are on.
  We also know that 50 percent of a child's intellectual development 
takes place before the age of four. Our nation's public and school 
libraries play a critical role in a child's early development because 
they provide a wealth of books and other resources that can give every 
child a head start on life and learning.
  In my state of California, 61 percent of our schools are over 40 
years old, and public school enrollment is expected to exceed 6 million 
students by the turn of the century, yet large numbers of students are 
already being housed in temporary buildings. As states around the 
nation, like California, adopt mandated class size reductions, more and 
more classroom space will be needed. The state already has 1.3 million 
students in grades one through three who require an astonishing 6,500 
additional classrooms to meet class size reduction mandates.
  The latest statewide library facility needs assessment for California 
called for $2 billion for approximately 425 projects. In addition, the 
deplorable state of America's public school libraries' collections has 
increased the demands on public libraries. In many instances, public 
libraries substitute for school libraries, thereby creating a higher 
demand for material and physical space to house literature and 
educational computer equipment. We know that summer reading programs at 
public libraries are the most important factor in helping children 
avoid what educators call ``summer learning loss.''
  With this in mind, we need, first and foremost, to find creative 
ways, in the age of shrinking budgets, to find the necessary dollars to 
start rebuilding our educational infrastructure. That is why I am re-
introducing my State Infrastructure Banks for Schools Act. This common-
sense measure would create infrastructure banks at the state level to 
provide a range of loan and credit options, to help finance locally 
supported projects. The use of State Infrastructure Banks (SIBS) will 
provide much-needed and cost-effective financial assistance to our 
local districts to rebuild, repair or replace their current 
facilities--without placing a constant strain on the Federal treasury 
or the American taxpayer.
  Just as importantly, with SIBs, school districts and counties could 
avoid bond market pressures to borrow more than they actually need 
which can often make a project unacceptable to local voters. We have 
seen this happen several times in my District alone. Our local leaders 
know how much is needed to fix up their schools and libraries, and they 
rightly refuse to borrow more than necessary. By supporting this 
proposal, we are not only wisely utilizing limited federal funds, but 
we would be saving local taxpayers' money otherwise spent on inflated 
bond requests, fees, and other administrative costs associated with the 
for-profit market.
  Specifically, SIBs will be created with federal seed money and offer 
a flexible menu of loan and credit enhancement assistance, terms, and 
maturities--all of which will allow communities to save local taxpayer 
dollars. As loans are repaid, the SIBs funds would be replenished and 
the banks could make new loans or loan guarantees to other school and 
library infrastructure projects.
  Our children need to feel pride in their schools and libraries. It is 
my hope that my legislation is one of several first steps that can be 
made towards addressing this overwhelming issue of school and library 
construction. It is no secret that we need to educate our kids in a 
safe and supportive environment if we expect them to achieve in the 
21st century.

                          ____________________




                   TRIBUTE TO COMMANDER MARK M. LEARY

                                 ______
                                 

                          HON. BILL C.W. YOUNG

                               of florida

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. YOUNG of Florida. Mr. Speaker, I rise today to recognize an 
outstanding Naval Officer, Commander Mark Leary who has served with 
distinction for the past 3 years for the Assistant Secretary of the 
Navy, Financial Management and Comptroller as a Principle Assistant and 
Deputy in the Appropriations Matters Office. It is a privilege for me 
to recognize his many outstanding achievements and commend him for the 
superb service he has provided to the Navy, the Congress, and our great 
Nation as a whole.
  During his tenure in the Appropriations Matters Office, which began 
in January of 1996, Commander Leary has provided members of the House 
Appropriations Committee, Subcommittee on Defense as well as our 
professional and personal staffs with timely and accurate support 
regarding Navy plans, programs and budget decisions. His valuable 
contributions have enabled the Subcommittee and the Department of the 
Navy to strengthen its close working relationship and to ensure the 
most modern, well trained and well equipped naval forces attainable for 
the defense of our great nation.
  Mr. Speaker, Mark Leary and his wife Paula have made many sacrifices 
during his naval career and as they embark once again on that greatest 
adventure of a Naval Aviator's career, commander of a helicopter 
squadron, I call upon my colleagues to wish him every success as well 
as fair winds and following seas.

                          ____________________




   IN RECOGNITION OF THE AMERICAN LEGION POST 694, NORTHPORT ON THE 
   OCCASION OF 75 YEARS OF SPONSORSHIP BOY SCOUTS OF AMERICA TROOP 41

                                 ______
                                 

                         HON. GARY L. ACKERMAN

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. ACKERMAN. Mr. Speaker, I rise today to pray tribute to the 
American Legion Post #694 of Northport, NY, for its continuous support 
for Boy Scout Troop #41. For the past 75 years the American Legion Post 
has sponsored this troop, making it the oldest sponsorship in New York 
State. Post 694's commitment to this troop and its membership over 
these many years symbolizes all that is truest in America; patriotism, 
loyalty and love of country.
  All of the good deeds that men do, does in fact live after them. So 
that today, we salute the many members of the American Legion Post 694 
who began and continued the sponsorship up until this present date. In 
a society that seeks great heroes and leaders, it is most commendable 
that the American Legion Post 694 has striven mightily to maintain this 
troop with honor and dignity, and to provide a positive role model.
  On Sunday, May 2, 1999, when family, friends and members of the 
American Legion Post 694 and the Boy Scout Troop 41 gather to celebrate 
this outstanding accomplishment, let us all applaud this Herculean 
effort and achievement.
  Mr. Speaker, I ask my colleagues in the House of Representatives to 
salute the members of the American Legion Post 694, past and present, 
in an acknowledgment of a deed well done.

                          ____________________




                            EXPOSING RACISM

                                 ______
                                 

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. THOMPSON of Mississippi. Mr. Speaker, in my continuing efforts to 
document and expose racism in America, I submit the following articles 
into the Congressional Record.

             Truth Sought in 1910 Mob Killing of Black Man

                           (By Todd Bensman)

       The Dallas Morning News (KRT) Dallas--The only memorial to 
     Allen Brooks is a novelty picture postcard--made from a 
     photograph and, for many years in an earlier time popularly 
     mailed from Dallas.
       In the photograph, snapped 89 years ago, a vast Dallas mob 
     of 10,000, many of them children, stand shoulder to shoulder 
     around Brooks, a black man.
       He was lynched from a telephone pole in downtown Dallas. 
     The execution is ``one of the great tragedies ever to occur 
     in Dallas,'' said local journalist and historian Darwin 
     Payne. All that remains in the city's memory is an original 
     postcard at the Dallas Public Library and a few old newspaper 
     clippings.

[[Page 7996]]

       Until now, the event in March 1910 has not been publicly 
     viewed as worthy of investigation or academic reflection.
       But that would change if some scholars and city officials 
     have their way.
       They say the city of Dallas should commission a study to 
     investigate the incident if only because Brooks' guilt is 
     doubtful and no mob leaders were ever held responsible. The 
     68-year-old Dallas man was to have stood trial on never-
     proved charges of molesting a white 3-year-old girl.
       ``It's not in the nature of Dallas historians to do 
     research on that sort of topic,'' said Bill Farmer, a 
     historian and professor emeritus of theology at Southern 
     Methodist University. ``That's true of Southern regions in 
     general and the tendency to bemoan bad things that happened 
     but then to forget them. And Dallas has a particularly bad 
     case of this.
       ``But I think there is a readiness now. I think the time is 
     right.''
       Kenneth Hamilton, a professor of history at SMU, points to 
     recent efforts to unearth the truth about long-buried cases 
     of killings of blacks, such as massacres in Rosewood, Fla., 
     and Forsyth, Ga., and the Tulsa, Okla., race riots. In Tulsa, 
     a city commission is reconstructing the 1921 melee set off by 
     a rape charge against a black man. Local blacks want 
     reparations.
       ``We don't have an urban historian on campus who does 
     Dallas history. There's no conspiracy; we just have people 
     whose interests lay elsewhere, and that's not unusual,'' said 
     Dr. Hamilton of SMU, who is black. ``Blacks were not 
     important to Dallas until recently. So if it's important to 
     Dallas, then Dallas can commission someone to do it.''
       As the State and Nation cope with the modern-day trial in 
     Jasper, TX, of a white supremacist convicted of dragging a 
     black man to death, historians recall an earlier time of such 
     acts.
       Small-town Texas contributed to the annals of Southern mob 
     lynchings from post-slavery Reconstruction through the 1920's 
     and 1930's.
       But few such incidents anywhere were as urban, well-
     attended or festive as the mob killing of Brooks in downtown 
     Dallas, historians say.
       The only thing that anyone knows for certain is that Brooks 
     never got his day in a big-city court.
       According to newspaper accounts, Brooks was found in a barn 
     with Mary Ethel Huvens, a 3-year-old who had been missing. He 
     was accused of molesting her and arrested in late February 
     1910.
       Authorities, correctly reading public sentiment, 
     anticipated a lynch-minded mob. They hid Brooks for a week 
     before his scheduled trial. A mob that did form outside the 
     city jail disbanded only after a delegation toured the 
     facility and left satisfied that Brooks was not inside.
       But according to eyewitness accounts, the vigilantes knew 
     they would find Brooks a week later at his trial in the 
     Dallas County Courthouse.
       Overwhelming more than 70 peace officers, they broke into 
     Judge Robert Sealey's second-floor courtroom, nabbed Brooks 
     and tied a rope around his neck. The other end was thrown to 
     the crowd below. A struggling Brooks was pushed and pulled 
     through the window.
       It is thought that he died from the fall. But their fury 
     unassuaged, the crowd dragged his body and hung him up on a 
     telephone pole near an arch erected for an Elks convention. 
     Moments later, witnesses say, people tore his clothing and 
     the rope to shreds for souvenirs.
       Judge Sealey ordered a grand jury investigation that proved 
     inconclusive after police officers swore they recognized no 
     one in the crowd.
       The incident, one of the hundreds that occurred all over 
     the South during the period, made headlines and was quickly 
     forgotten.
       ``There wasn't any public outcry,'' Payne said. ``Man, 
     you're talking about the bloody teens and the bloody `20s. 
     This was home to Klan Chapter Number 66, the largest in the 
     country. Lawyers, judges, fire chiefs, police chiefs, they 
     were all members.''
       Historians familiar with the period suggest there are 
     reasons to doubt Brooks' guilt, primarily because many mob 
     hangings of blacks were set off by flimsy, deliberately 
     inflammatory rape allegations. In 1921 in Tulsa, the rape 
     charges that set off the riots were later dropped, the black 
     suspect acquitted.
       Brooks' case, based on the testimony of a 3-year-old, would 
     hardly have withstood a routine defense in a truly impartial 
     court, experts say.
       Some odd tidbits have surfaced that cast doubt on the case 
     against Brooks.
       Payne, the author of ``Big D,'' said he learned during his 
     research for the book a quarter-century ago that Brooks had 
     been among several black men working for a wealthy white 
     family. After an argument, another black man employed as a 
     cook smeared chicken blood on the child's legs and said 
     Brooks raped her.
       But even a determined effort to get at the truth may prove 
     difficult. County grand jury records dating back to the time 
     were mostly destroyed in a 1950's flood of the basement where 
     they were stored. Neither Dallas police nor the county 
     district attorney's office have records dated to those days.
       Census, birth and marriage records searches yielded nothing 
     on Huvens, the alleged victim who would be 92 now. It is 
     unknown whether she lived out her life in the area or whether 
     descendants still do. What became of the Brooks family also 
     is uncertain.
       No student dissertations or theses about the Brooks case 
     have been done.
       City Council member Al Lipscomb, a student of black 
     history, said he supports a commission that would investigate 
     the Brooks case.
       ``I think it would be healthy for Dallas. Dallas is big 
     enough to weather that, to face that, to clear the conscience 
     of this city and move on,'' Lipscomb said. ``At least we 
     would say we didn't know about and forgot about it. We can't 
     have anything like that in our past without any hint of an 
     investigation.''


     
                                  ____
                  Minorities Are Pawns in Voucher Game

                           (By Starita Smith)

       The battle over school vouchers is heating up again all 
     over the country.
       In New York City, Schools Chancellor Rudy Crew threatened 
     to resign over Mayor Rudolph Giuliani's voucher proposal. 
     Giuliani is trying to persuade the school board to establish 
     an experimental program giving vouchers to students in one of 
     the 32 community school districts that make up the New York 
     system.
       In Florida and Texas, legislators ponder bills that would 
     give scholarships--read vouchers--to children to attend 
     private schools.
       In Florida, these children would normally attend what the 
     state would deem to be failing public schools. In Texas, they 
     would be from large urban areas, with a limit of 5,000 pupils 
     per district eligible for the vouchers. The districts 
     affected would be Houston, Dallas and San Antonio.
       While all these proposals sound altruistic, there is a 
     hidden agenda.
       Many vouchers proponents are motivated not by the plight of 
     minority children but by the opportunity to score political 
     points. These vouchers are intended to build support among 
     desperate minority parents, who would then ally with 
     conservatives who want to defund public schools and promote 
     private schools.
       The strategy seems to be working. Already in Wisconsin and 
     Texas, a few minority Democratic leaders have joined with 
     Republicans to support voucher programs because they think 
     minority children would benefit.
       In the past, the momentum has been against vouchers, as 
     Democrats and others have defeated voucher initiatives 
     usually proposed by Republicans without any mention of 
     improving things for poor kids. Now that vouchers are being 
     proposed for the children who attend the worst schools, 
     struggling families and others who opposed vouchers are 
     rethinking their positions.
       A primary argument for vouchers is that public education 
     needs competition just like corporations. The worst schools 
     won't get better until they face a challenge for their 
     clientele, who for the first time will have a choice, 
     vouchers proponents argue.
       If the logic sounds as if it sprang from corporate culture, 
     that's because it did. Here in Texas, some of the main 
     proponents of the competition idea are wealthy white 
     businessmen. Some have even given tiny chunks of their 
     multimillion dollar fortunes to start scholarship funds for 
     poor kids to further the idea.
       When you sit in a well-furnished office at the top of a 
     tall office building, as some of these men do, I can see how 
     the reasoning might sound good.
       However, at ground zero, in the shabby classrooms of our 
     public schools, it doesn't ring true.
       Public schools are not corporations. When a corporation 
     faces an aggressive competitor, it can raise more capital; 
     merge with other corporations to become stronger; diversify, 
     or if worst comes to worst, shut down. Public schools, by 
     law, can hardly do any of these things.
       Any state funding plan that provides for vouchers will hurt 
     public schools. The voucher proposals would lure thousands of 
     kids away from public schools, and with them, tens of 
     millions of dollars, since public-school funding formulas are 
     based on attendance.
       Then there is the long-term consequence of distancing more 
     voters from public schools. If children don't attend public 
     schools, then there is no truly compelling reason for their 
     parents and relatives to vote for local school-tax measures.
       Already, public schools face strong competition from 
     private ones in several communities in the South and the 
     North. This competition dates back to the days of fierce 
     resistance to school desegregation, when private schools 
     cropped up as an alternative for white parents who didn't 
     want their children to attend public schools.
       Montgomery, Ala, is one of these places. As I toured the 
     city, I rode past imposing campus after imposing campus, 
     expecting to see that at least one or two of them was a 
     public school. None were. A public magnet school I visited 
     looked as if it could use a few

[[Page 7997]]

     hundred thousand dollars worth of work. Friends who volunteer 
     in Montgomery's public schools said the schools are so 
     strapped for cash that teachers have to provide the toilet 
     paper.
       The private schools are nearly all white. The public ones 
     are mostly black.
       Vouchers would not yield universally integrated private 
     schools. Too few minority children would be able to get 
     vouchers and many of the best private schools would still be 
     too expensive.
       The latest proposals simply make minority children pawns in 
     a political game aimed at improving the lot of those who 
     already have all the advantages.
                                  ____


  Rights Leaders Say Laws Nationwide Targeting Hate Crimes Have Been 
                               Effective

                         (By Sabrina L. Miller)

       Knight Ridder Newspapers (KRT) Miami--Prosecuting hate 
     isn't easy. Although Florida's hate crimes law is one of the 
     toughest in the nation, the number of defendants actually 
     prosecuted under the 10-year-old statute remains relatively 
     low, prosecutors say, because the standard is often difficult 
     to prove.
       ``What you have to prove is that but for the fact that the 
     victim was not a member of a certain group, the crime would 
     not have happened,'' said prosecutor Charles Morton, a 
     homicide supervisor in Broward, where a murder last week may 
     have been a case of racial hatred run amok.
       Still, civil rights leaders said, laws nationwide targeting 
     hate crimes have been effective.
       ``We can't prove the negative, meaning we can't prove what 
     hate crimes did not occur because of the law,'' said Arthur 
     Teitelbaum, Southern Area director for the Anti-Defamation 
     League of B'nai B'rith. ``But we know that the Florida law is 
     well known to the haters and the bigots, and they fear its 
     consequences.''
       For Robert Boltuch, the man accused this week of the Feb. 
     24 killing of Jody-Gaye Bailey, being charged with a hate 
     crime won't help or hinder his case because he already faces 
     the most severe penalty for his alleged actions: If he is 
     formally charged with first-degree murder and convicted, 
     Boltuch faces either life in prison without parole or the 
     death penalty. Boltuch has yet to be charged by the Broward 
     state attorney's office.
       ``When you're dealing with Murder One, hate doesn't elevate 
     it any further,'' Morton said. ``The defendant is facing 
     either life or death.''
       Florida's hate crimes law is used to elevate the 
     seriousness and penalty associated with a crime. That is, a 
     defendant cannot be charged independently with a hate crime; 
     rather, the charge is added to an existing crime, such as 
     aggravated assault or battery.
       Being charged with a hate crime can bump a misdemeanor up 
     to a felony and, if a defendant is convicted, can mean the 
     difference between probation and prison.
       The law cannot be used to enhance a noncapital crime to one 
     where the defendant would face the death penalty. The hate 
     element also cannot be used as an ``aggravator,'' or a factor 
     that jurors could consider in a death penalty case.
       Although statistics show hate crimes nationwide have 
     declined, glaring incidents like Bailey's death have made 
     headlines. The names and the incidents are chilling and have 
     gripped the public's worst fears about violence against 
     minorities: James Byrd, a black man tied to a truck and 
     dragged to his death by a white supremacist in Jasper, Texas; 
     Matthew Shepard, a University of Wyoming student beaten to 
     death because he was gay; and the Feb. 19 beating death of 
     Billy Jack Gaither, a gay man in Alabama.
       Teitelbaum's group drafted the hate crimes law and was 
     instrumental in getting it passed by the Legislature in 1989. 
     The law was challenged as unconstitutional, with critics 
     saying it targeted attitudes and speech rather than behavior. 
     But a Broward case became the model in a state Supreme Court 
     ruling that the hate crimes law is constitutional.
       Fort Lauderdale defense attorney Herb Cohen was physically 
     and verbally attacked by Richard Stalder in 1991 after going 
     to Stalder's home to retrieve earrings for a female friend. 
     Stalder answered the door, stating: ``Hey Jew boy, what do 
     you want?'' and repeatedly made derogatory comments about 
     Cohen's ancestry.
       Stalder was charged with battery against Cohen, and when 
     the two appeared in court, Stalder continued to assault Cohen 
     with antisemitic slurs. Circuit Judge J. Leonard Fleet 
     dismissed the charges against Stalder, saying the hate crimes 
     law was unconstitutional. But the state Supreme Court 
     reversed Fleet in 1994.
       Former Chief Justice Gerald Kogan in the opinion wrote: ``I 
     do not dispute that people have a right to hold intolerant 
     and bigoted opinions. But that is a far different matter than 
     saying they have a right to act upon those opinions. . . . 
     Criminal motive is not and never has been a protected form of 
     expression.''
       Stalder later accepted a plea deal and received probation. 
     Cohen said Friday that the standard of proof is fair and 
     appropriate.
       ``These cases can be difficult to prosecute, and, in a 
     sense, I guess they should be,'' Cohen said. ``It shouldn't 
     be easy to prosecute someone for what they say. But if the 
     criminal act was motivated by race or religion, then it 
     should be prosecuted as a hate crime.''
       Defendants charged with hate crimes in South Florida can be 
     hit with a double-whammy in state and federal court. Local 
     state law-enforcement agencies have worked closely with the 
     United States Attorney's Office and the FBI to impose the 
     harshest penalties on both levels. Defendants face criminal 
     charges in state court and prosecution for civil rights 
     violations in federal court.
       Eighteen-year-old Raymond Leone, for example, faces up to 
     30 years in prison on state and federal charges after 
     pleading guilty to two separate incidents in which he 
     targeted the victims because of their race and religious 
     backgrounds.
       He and several others affiliated with the white-separatist 
     group World Church of the Creator beat a Hispanic father and 
     son for refusing to accept racist literature outside a rock 
     concert in Sunrise in 1997. Leone also robbed and beat the 
     owner of an adult video store in Hollywood because the man is 
     Jewish.
       Teitelbaum said the laws continue to punish ugly incidents 
     of hatred.
       ``We saw the need to have an effective legislative 
     response, a tool for law enforcement to prosecute these 
     crimes because of their specific nature and impact,'' he 
     said. ``The victim is impacted, and every person in the 
     victim's group is threatened and traumatized.
       ``American history, unfortunately, has been stained by 
     these hate crimes,'' he said.

     

                          ____________________



 AUTHORIZING PRESIDENTS TO CONDUCT MILITARY AIR OPERATIONS AND MISSILE 
             STRIKES AGAINST FEDERAL REPUBLIC OF YUGOSLAVIA

                                 ______
                                 

                               speech of

                       HON. DONNA MC CHRISTENSEN

                         of the virgin islands

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mrs. CHRISTENSEN. Mr. Speaker, I am compelled to rise to make this 
brief statement on the issue of funding and supporting the NATO 
operations in Kosovo.
  While I, like many would like to see a clearer definition of the 
scope of the conflict, and a specific endpoint in sight, I will not 
abandon our men and women who join those of our partnering countries, 
or undermine them or our country. Further, while I am pained that the 
same concern and appropriate intervention has not taken place for the 
countries of my ancestry, Africa, as my colleague Mr. Meeks said that 
is no reason to deny protection or relief from their persecution to the 
Albanian people of Kosovo.
  I support Senate Concurrent Resolution 21, because it is the right 
thing to do.

                          ____________________




                    TRIBUTE TO JIM AND ELLYNE WARSAW

                                 ______
                                 

                           HON. BRAD SHERMAN

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. SHERMAN. Mr. Speaker, I rise today to pay tribute to Jim and 
Ellyne Warsaw who have spent over 20 years building and nurturing their 
marriage, and family, as well as their strong sense of Jewish community 
in the Orange County area.
  The Talmud states that ``He who does charity and justice is as if he 
had filled the whole world with kindness.'' In the spirit of such 
words, innovative volunteers actively participate in delivering 
tremendous support, selflessly dedicating their time and energy to 
enriching our community.
  Jim Warsaw, has shown his dedication as the Honorary Chair of Project 
TBY 2000 Building Fund Campaign, as Past President of the American 
Friends of the Hebrew University of Jerusalem, and as a board member of 
numerous organizations including the Regional Board of the Anti-
Defamation League, the National New Leadership board of Israel Bonds, 
and an active member of the Board of Directors of the National 
Parkinson's Foundation Alliance and the Lobby for Parkinson's Action 
Network.
  Ellyne Warsaw has shown her dedication to Temple Bat Yahm as Past 
President of the Early Education PFO, Chairperson for the Annual PFO 
Fashion Show and Holiday Boutique, Trustee as the Vice-President of the 
Temple Bat Yahm Early Education Program, and as a supporter and 
contribute for the Annual Canvas of Hope fundraiser for a local chapter 
supporting Parkinson's Disease.
  In addition to their caring for the needs of the Jewish community, 
Jim and Ellyne Warsaw are symbols of commitment, integrity, and

[[Page 7998]]

devotion to their children--Bryan, Zakary, and Kyle.
  Mr. Speaker, distinguished colleagues, please join me in paying 
tribute to Jim and Ellyne Warsaw. They are both deserving of our utmost 
respect and praise.

                          ____________________




IN HONOR OF THE INSTALLATION OF HONORARY CONSUL OF THE SLOVAK REPUBLIC 
                         FOR THE STATE OF OHIO

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. KUCINICH. Mr. Speaker, I rise today to recognize Dr. Edward 
Keshock, Honorary Consul Designate of the Slovak Republic for the State 
of Ohio.
  Dr. Keshock is currently Professor of Mechanical Engineering at 
Cleveland State University. He received his Ph.D. in Mechanical 
Engineering from Oklahoma State University and has conducted research 
on a variety of topics, including energy conservation. Dr. Keshock was 
also a summer faculty fellow at the NASA Lewis Research Center in 
Cleveland. He has received numerous awards for his teaching and 
research. In addition, he holds the rights to two patents.
  In addition to his academic achievements, he is also President of the 
Cleveland-Bratislava Sister Cities. In 1995 he helped coordinate the 
group of trade and government officials from the Slovak Republic who 
attended the White House Conference on Trade and Investment in Central 
and Eastern Europe.
  Dr. Keshock has strong ties to the Slovak Republic and was a co-
founder of the Public Against Violence movement in 1989 that was the 
leading Slovak force in the Velvet Revolution against communism.
  On May 2, 1999, Dr. Keshock will be installed as the Honorary Consul 
during the Slovak Spring Weekend celebration. The weekend events 
include the ceremonial opening of Slovak Consulate Offices in 
Cleveland, Ohio, which will be attended by the Slovak Republic 
Ambassador, Ambassador Butora. This opening is a historic event in 
Slovak-American relations and interactions. Other activities being held 
include traditional Slovak entertainment and history presentations.
  Mr. Speaker, I congratulate Dr. Keshock for being installed Honorary 
Consul Designate, a position for which he is well qualified.

                          ____________________




             TRIBUTE TO LIEUTENANT COLONEL CHESTER A. RILEY

                                 ______
                                 

                          HON. BILL C.W. YOUNG

                               of florida

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. YOUNG of Florida. Mr. Speaker, I rise today to recognize an 
outstanding Marine Corps Officer, Lieutenant Colonel Chester A. Riley 
who has served with distinction for the past three years for the 
Commandant of the Marine Corps and the Assistant Secretary of the Navy, 
Financial Management and Comptroller as a Principal Assistant and 
Deputy in the Appropriations Matters Office. It is a privilege for me 
to recognize his many outstanding achievements and commend him for the 
superb service he has provided to the Marine Corps, the Department of 
the Navy, the Congress, and our great Nation as a whole.
  During his tenure in the Appropriations Matters Office, which began 
in October of 1996, Lieutenant Colonel Riley has provided members of 
the House Appropriations Committee, Subcommittee on Defense as well as 
our professional and personal staffs with timely and accurate support 
regarding Marine Corps plans, programs and budget decisions. His 
valuable contributions have enabled the Subcommittee and the Department 
of the Navy to strengthen its close working relationship and to ensure 
the most modern, well trained and well equipped naval forces attainable 
for the defense of our great nation.
  Mr. Speaker, Chet Riley and his wife Licia have made many sacrifices 
during his career in the Marine Corps and as they embark the next great 
adventure beyond their beloved Corps I call upon my colleagues to wish 
him every success and to thank him for his long, distinguished and ever 
faithful service to God, country and Corps. Semper Fidelis.

                          ____________________




            A TRIBUTE TO LIEUTENANT COLONEL MARK L. HAALAND

                                 ______
                                 

                            HON. JERRY LEWIS

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. LEWIS of California. Mr. Speaker, I rise today to inform the 
Congress of the imminent retirement of Lieutenant Colonel Mark L. 
Haaland, a truly outstanding soldier in the United States Army. His 
service to the nation has been perfectly honorable and faithful for 20 
years. The story of Mark's service reflects the devotion to duty, 
family and nation that keeps America strong and free.
  The son of a military family, Mark graduated from the United States 
Military Academy at West Point on June 6, 1979 and was commissioned a 
Second Lieutenant of Armor. Upon completion of the Ranger and Armor 
Officer Basic courses, Mark flew to Germany to serve with the glorious 
11th Armored Cavalry Regiment. His bride, Toni, joined him a few months 
later. Mark served as a platoon leader, executive officer, and troop 
commander with this famous regiment, frequently deploying to the East-
West German border areas to guard against communist aggression during 
the height of the Cold War.
  Mark and Toni returned from Germany in late 1984, to attend the 
Infantry Officer Advanced Course at Fort Benning, Georgia followed by 
graduate school toward an MBA at Syracuse University. Upon completion 
of graduate school, Mark served as a comptroller at the Army's Training 
and Doctrine Command headquarters at Fort Monroe, Virginia. While 
serving at Training and Doctrine Command, Mark provided important 
analytical assistance with the Army's long-range strategic and program 
planning, and the command budget. During these quiet years between 
graduate school and serving as a junior comptroller, Mark and Toni 
started their family with the birth of Robyn in 1985 and Patrick in 
1987.
  In 1988, Mark was selected for promotion to the rank of Major and 
attendance at the prestigious Army Command and General Staff College at 
Fort Leavenworth, Kansas. Upon graduation in 1990, Mark's next 
assignment took the Haaland's to the Army's Armor Center at Fort Knox, 
Kentucky, for duties with the 194th Separate Armored Brigade. Two 
months after their arrival in Kentucky, Saddam Hussein invaded Kuwait. 
For the next year, Mark trained and assisted in the preparation of Army 
active and reserves units and soldiers for deployment to the Kuwait 
Theater of Operations. At the same time, Toni helped families and the 
communities of Fort Knox and Radcliff, Kentucky cope with the 
challenges of an Army at war far from home. During the war and for the 
following two years, Mark served as the Brigade operations officer for 
planning, then as a battalion/task force operations officer, and 
finally as the Brigade operations officer.
  Following his very rewarding three-year experience with the soldiers 
and families of the 194th Separate Armor Brigade, Mark was ordered to 
the Pentagon in Washington, D.C. where he was assigned to the Army's 
Budget Office. Although somewhat hesitant about moving to the major 
metropolitan area of Washington, D.C., Mark, Toni, Robyn, and Patrick 
were glad to return to their home state, the Commonwealth of Virginia. 
Soon after the Haalands' arrival in the summer of 1993, the Army 
selected Mark for promotion to lieutenant colonel and he pinned on his 
new rank in 1994. During his almost six years in Washington with the 
Department of the Army, Mark has served as the Army's budget analyst 
for counter-drug operations and has managed the nearly $9 billion 
budget and financial operations for the Army's operating forces. Most 
noteworthy, Mr. Speaker, during the past three years, Mark Haaland has 
supported the House and Senate Appropriations Committees as Deputy 
Chief of the Army's Congressional Budget Liaison Office. I am pleased 
to have had Lieutenant Colonel Mark Haaland serving in this position. 
His experience with our Army's operational units together with his 
comptroller experience has been of immeasurable importance toward 
ensuring that America's Army has been well represented on Capitol Hill. 
Mark's dedication to the Army and the Congress, technical competence, 
intellectual capacity, boundless energy, and irrepressible good humor 
have earned Mark the respect and admiration of the Members and staffs 
of both Chambers' appropriations committees. His contributions to our 
success over the years have been great and will be missed.
  Mr. Speaker, I wish to thank this officer and his family for their 
service to our nation--truly a standard of duty, honor and country. And 
I wish for them all God`s blessings and success in the future.




                          ____________________


[[Page 7999]]


 PROVIDING FOR CONSIDERATION OF H.R. 1569, H. CON. RES. 82, H. J. RES. 
   44, AND S. CON. RES. 21, MEASURES REGARDING U.S. MILITARY ACTION 
                           AGAINST YUGOSLAVIA

                                 ______
                                 

                               speech of

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mr. WOLF. Mr. Speaker, I want to comment on the votes we are casting 
in the House today concerning U.S. military involvement in Kosovo. That 
the U.S. is mired in a Balkan conflict, not of our choosing, is not in 
doubt. I have been and remain critical of the course of action pursued 
by the White House that led to today. The White House simply did not 
think things through.
  What has happened, however, is that while attempting to bomb 
Milosevic into oblivion and crushing the infrastructure of his country, 
a horror show of catastrophic proportions involving as many as 1.5 
million ethnic Albanian refugees from Kosovo has been created. These 
refugees, about half remaining in Kosovo and half fleeing or being 
driven to Montenegro, Albania, Macedonia and elsewhere have been 
brutalized by Milosevic forces. They are fearful, homeless, without 
adequate food, water, sanitation, medical care and without much hope. 
Many have had family or friends killed and many more are injured or 
ill.
  What has happened is exactly what NATO intervention had hoped to 
prevent. And exactly what many informed sources available to NATO and 
to the Administration predicted. But the Clinton Administration did not 
listen.
  I have visited the Balkans a number of times to see things for 
myself. In February, just before the breakdown of the Rambouillet peace 
talks which led to NATO bombing of Serb targets, I traveled to Albania, 
to Macedonia and to Kosovo where I met with all parties--Serbs, KLA, 
representatives of the Rugova shadow government, men and women in the 
street, diplomats, NGO's and United Nations officials. Many predicted 
that ethnic cleansing would begin as Western officials left Kosovo in 
advance of NATO troops arriving had the peace accords been signed.
  Even they must be shocked at the degree their prediction have been 
fulfilled by the brutality unleashed by Milosevic. Yesterday, I heard 
for the first time that refugees reported Serb forces have used flame 
throwers to kill and torture ethnic Albanians.
  As reports of refugees streaming out of Kosovo filled the airways, I 
returned to Albania earlier this month to visit the Kosovo border 
crossing at Kukes and Morina to meet and talk with refugees. What has 
happened is so terrible I see no way the world can turn its back on 
them. Immediate care is a critical problem and so is the longer term 
need to provide for them. Nearly all wish to someday return home to 
Kosovo. But for too many, there is no home to return to. As they were 
driven away from their towns and villages, their burning and destroyed 
homes were visible behind them.

  And now the world tries to work its way out of this mess. The White 
House and NATO have not found the answer. Last week on April 21 here on 
the House floor I called on the President to convene a group of 
experienced and proven wise men and women to develop a workable Balkan 
strategy. Thus far, the White House only continues to bomb and hope and 
bomb and hope. Today the President announced a 33,000 reservist call-
up. His response to the question of what to do if bombing didn't work 
was to bomb some more.
  Congress and the American people are wondering what should be done. 
I'm not sure Congress has found the solution among the four measures 
being voted on today.
  I am convinced that it is important for the world, for the U.S. and 
for NATO that we prevail in today's Balkan conflict. If NATO were to 
walk away it would be inhumane to the million-plus refugees. It would 
dangerously destabilize eastern Europe, leaving a huge refugee problem.
  It also would permanently stain and call into question the 
credibility and will of the U.S. and NATO emboldening rouge governments 
around the globe to rise up for their own gain and power. If we walk 
away, what would that say to China, which is eyeing Taiwan? What would 
that say to Iraq, with its arsenal of biological and chemical weapons? 
What would that say to Iran, which could think the time was ripe to 
strike Israel? What would that say to North Korea, looking to its 
south?
  More than that, it would just be wrong. Terrible crimes against 
humanity are being committed that cannot be allowed to continue. The 
world, including the U.S., must bring them to an end.
  Today, Congress considers H.R. 1569, which provides that no funds 
will be used for ground troops in Yugoslavia unless the funding is 
authorized by Congress. It is critical that Congress be involved in any 
decision to insert ground forces in any military campaign, and the 
administration has an obligation to come to Congress, similar to 
President Bush's involving Congress in the Persian Gulf war. President 
Clinton has stated to the congressional leadership that he will  
consult with Congress on the use of ground forces. That's the time for 
this vote. To vote now to ban the use of ground troops when there are 
currently no plans for this action sends the wrong message. How this 
question is handled will establish a precedent for future 
administrations, so we must be careful and thoughtful.

  H. Con. Res. 82, calling for the removal of the U.S. military 
pursuant to the War Powers Resolution, is an equally bad proposal and I 
do not support it either. If the purpose is to question the 
constitutionality of the War Powers Resolution which has been ignored 
by all presidents and congresses since it was enacted in 1973, a better 
test must be found that will not jeopardize U.S. forces, U.S. interests 
and the lives of all those refugees. Men and women in U.S. uniform are 
in combat now risking their lives. Three of them are being held as 
prisoners.
  I also do not support H.J. Res. 44, declaring war on Yugoslavia. 
Calling for this vote is both frivolous and mischievous and serves no 
useful purpose. The world is faced with a serious problem in the 
Balkans which merits thoughtful consideration and action.
  S. Con. Res. 21, authorizing air and missile strikes, acknowledges 
what is now taking place in Yugoslavia. While support of this measure 
could send to the White House the message that Congress endorses the 
present ``bomb to oblivion'' strategy without regard to whether or not 
it works, not to vote for it would take away from the men and women now 
engaged in air combat in Serbia. America stands behind our soldiers, 
sailors, airmen and marines and a ``yes'' vote reaffirms this support.
  Additionally, it would be wrong to send any message that could in any 
way provide aid and comfort to Milosevic. My ``yes'' vote is a vote in 
support of our men and women in uniform now risking their lives in the 
Balkans.
  Again, I call on the President to assemble a group of wise men and 
women skilled in world affairs, diplomacy and the application of force 
to find resolution and keep an intractable Balkan problem from becoming 
an Achilles' heel to world peace.
  The U.S. must find a winning strategy and unite behind it. Today's 
debate and votes are both healthy and necessary and a start to finding 
a solution. Had the President involved Congress and the American people 
in this matter at the outset, we might be closer to a resolution than 
we are. The President needs to come to Congress and the American people 
and tell us what is needed to achieve our goal and why.

                          ____________________




    CONGRATULATING THE BENJAMIN FRANKLIN SCHOOL ON ITS NATO PAINTING

                                 ______
                                 

                           HON. MARGE ROUKEMA

                             of new jersey

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. ROUKEMA. Mr. Speaker, I rise to congratulate the students of 
Benjamin Franklin Middle School in Ridgewood, NJ, on the distinct honor 
of being one of only 19 schools across the Nation chosen to contribute 
a painting to the recent NATO Summit held in Washington, DC. This 
inspiring and impressive work of art--displayed at the summit to 
welcome world leaders--was a tribute to the nation of Canada created as 
part of the international celebration of NATO's 50th birthday.
  The artwork project was an important part of the NATO summit, 
offering students an invaluable lesson in the history, geography and 
politics of NATO's member nations. It enabled young people from all 
over the country to participate in one of the most significant events 
of their lifetime--the gathering of world leaders celebrated the 
alliance that has safeguarded freedom and security since World War II 
and marked the beginning of a new era of partnership. And the artwork 
these students created will serve as a permanent symbol of the 
relevance of the transatlantic alliance to future generations in 
preserving peace and democracy.
  Each participating school was assigned one of the 19 NATO countries 
and asked to interpret the three main themes of the summit--freedom, 
democracy, and partnership. Student artists worked with the colors of 
each country's flag, plus the NATO colors of blue and gold, to 
illustrate significant moments in history or culture. The 4-foot-by-6-
foot acrylic paintings on canvas were then combined into a 10-

[[Page 8000]]

foot-by-28-foot commemorative mural that was displayed at the summit as 
a welcome to NATO leaders.
  Students at Benjamin Franklin were assigned to create a painting 
honoring our northern neighbor Canada. Their inspiring design shows 
three individuals draped in the flags of the United States, France, and 
Britain--the three nations with which Canada has its closest ties--
against the Canadian flag. It is a strong symbol of international unity 
that highlights the enduring relationship of the nations depicted. The 
students, their teachers, and Principal Tony Bencivenga did an 
outstanding job.
  I ask my colleagues in the House of Representatives to join me in 
congratulating these young people not only for creating an outstanding 
piece of art but for seeing the importance of international harmony and 
becoming active participants in our global society. From culture to 
economy, no nation is ``an island'' today. Young people who understand 
that are better prepared to be the leaders of tomorrow and to be 
dedicated to expanding democracy, peace, and prosperity in our world.

                          ____________________




A BILL TO REPEAL THE LIMITATION ON THE USE OF FOREIGN TAX CREDITS UNDER 
                      THE ALTERNATIVE MINIMUM TAX

                                 ______
                                 

                           HON. AMO HOUGHTON

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. HOUGHTON. Mr. Speaker, I am pleased to join my colleague from New 
York, Mr. Rangel, together with a number of other colleagues, in 
introducing our bill that would eliminate a fundamental unfairness in 
the application of the U.S. tax law to taxpayers that have income from 
foreign sources.
  A U.S. citizen or domestic corporation that earns income from sources 
outside the United States generally is subject to tax by a foreign 
government on that income. The taxpayer also is subject to U.S. tax on 
that same income, even though it is earned outside the United States. 
Thus, the same income is subject to tax both in the country in which it 
is earned and in the United States. However, the United States allows 
taxpayers to treat the foreign taxes paid on their foreign-source 
income as an offset against the U.S. tax with respect to that same 
income. This offset is accomplished through the foreign tax credit; the 
foreign tax paid on foreign-source income is treated as a credit 
against the U.S. tax that otherwise would be payable on that same 
income. Although the details of the foreign tax credit rules are 
extraordinarily complex (as are the international provisions of the 
Internal Revenue Code generally), the basic principle is simple: to 
provide relief from double taxation.
  When it comes to the alternative minimum tax (AMT), this basic 
principle of providing relief from double taxation falls by the 
wayside. The AMT was enacted to ensure that individuals and businesses 
that qualify for various ``preferences'' in the tax rules nevertheless 
are subject to a minimum level of taxation. However, the foreign tax 
credit provisions of the AMT operate to ensure double taxation. Under 
these AMT rules, the allowable foreign tax credit is limited to 90 
percent of the taxpayer's alternative minimum tax liability. Because of 
this limitation, income that is subject to foreign tax is subject also 
to the U.S. AMT. The result is double (and even triple) taxation of 
income that is used to support U.S. jobs, R&D and other activities.
  There is no rational basis for denying relief from double taxation to 
that class of taxpayers that are subject to the AMT. Accordingly, the 
bill we are introducing today will eliminate the 90 percent limitation 
on foreign tax credits for AMT purposes. With the elimination of this 
limitation, relief from double taxation will be provided to taxpayers 
that are subject to the AMT in the same manner as it is provided to 
those taxpayers that are subject to the regular tax.
  Concern regarding the unfairness of the AMT limitation on the use of 
the foreign tax credits is not new. Indeed, the House in 1995 passed a 
provision repealing the 90 percent limitation as part of a complete 
package of AMT reforms. Overall reform of the AMT, for individuals and 
businesses, remains an important piece of unfinished business. This 
bill to eliminate the 90 percent limitation on foreign tax credits for 
AMT purposes represents an important step in that direction and we urge 
our colleagues to join us in cosponsoring this legislation.

                          ____________________




              INTRODUCTION OF THE BROWNFIELDS CLEAN-UP ACT

                                 ______
                                 

                         HON. WILLIAM J. COYNE

                            of pennsylvania

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. COYNE. Mr. Speaker, today I am introducing legislation which 
would make the existing tax incentive for cleaning up brownfields 
permanent.
  Brownfields are vacant industrial or commercial sites. There are more 
than 400,000 such sites across the country. Brownfields cause economic 
blight by crowding out new businesses, preventing the creation of new 
jobs, and reducing municipal property tax revenues. They reduce the 
value of surrounding property and they can be public health problems.
  Brownfields sites often require environmental remediation before they 
can be redeveloped and returned to productive use. At the very least, 
the prospect of significant remediation costs often discourages the 
redevelopment of such sites.
  The 1997 Taxpayer Relief Act established a provision for expensing 
brownfield clean-up costs in certain targeted areas--empowerment zones, 
enterprise communities, EPA brownfields pilot project sites, and census 
tracts with high poverty rates. This provision can be an important tool 
for encouraging the clean-up and redevelopment of unproductive 
brownfield sites.
  Unfortunately, however, the existing provision only allows expensing 
for expenditures or costs incurred between August 6, 1997, and December 
31, 2000. That is too short a period of time for many potential users 
to take advantage of it. Consequently, I believe that this provision 
should be made permanent. The Administration shares that view and 
proposed making the provision permanent in the budget request that it 
submitted to Congress in February.
  Today Congressman Rangel and I are introducing legislation that would 
make the brownfields expensing provision permanent. Enactment of this 
legislation would provide much-needed help to many of the economically 
distressed communities across the country that are currently burdened 
with one or more brownfields sites. I urge my colleagues to cosponsor 
this important legislation.

                          ____________________




DECLARING STATE OF WAR BETWEEN UNITED STATES AND GOVERNMENT OF FEDERAL 
                         REPUBLIC OF YUGOSLAVIA

                                 ______
                                 

                               speech of

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mr. KUCINICH. Mr. Speaker, the truth is war is being waged and will 
continue to be waged without declaration. But such violence is neither 
redemptive nor justified in law or morality. Hope is redemptive, love 
is redemptive, peace is redemptive, but the violence of this conflict 
stirs our most primitive instincts. When we respond to such instincts, 
we enact the law of an eye for an eye, and we at last become blind and 
spend our remaining days groping to regain that light we had once 
enjoyed.
  He only understands force, it is said of Mr. Milosevic, but we must 
understand more than force. Otherwise, war is inescapable. We must make 
peace as inexorable as the instinct to breathe, as inevitable as the 
sunrise, as predictable as the next day. With this vote, let us release 
ourselves from the logic of war and energize a consciousness of peace, 
peace through implied strength, peace through express diplomacy, peace 
through a belief that through nonviolent human interaction, we can 
still control our destiny.

                          ____________________




  A TRIBUTE TO DR. YVONNE SCARLETT-GOLDEN, DOCTORATE OF LAWS, BETHUNE-
                            COOKMAN COLLEGE

                                 ______
                                 

                          HON. CARRIE P. MEEK

                               of florida

                    in the house of representatives

                        Thursday, April 29, 1999

  Mrs. MEEK of Florida. Mr. Speaker, I rise today in tribute to the 
honorable Dr. Yvonne Scarlett-Golden, my dear friend, whose title of 
honorary Doctorate of Laws was conferred by Bethune-Cookman College on 
April 26, 1999. This honor is very highly deserved. I have had the 
honor and the immense pleasure of knowing and working with Yvonne for 
many years, and her name is synonymous with dedication and commitment 
towards the public good.
  She is a master teacher, a superlative retired school principal, an 
effective city council

[[Page 8001]]

member, a committed community activist, and an exemplary mother. Her 
dedication is beyond praise, for it is impossible to calculate the 
number of young students who have been inspired by Yvonne in her 
career. Like ripples in a pond, Dr. Yvonne Scarlett-Golden's kind acts 
towards her students served as catalysts for them, to enrich their own 
spheres of influence with the strong guidance and example of character 
which they have received.
  After a long career as a highly popular teacher, Dr. Yvonne Scarlett-
Golden became an energetic city council member, and she continues her 
fight for the underdog in yet another venue. Vibrant, bright, and 
always committed, the devotion of Dr. Yvonne Scarlett-Golden to State 
of Florida has been an inspiration over the decades of our close 
friendship.
  It is indeed one of my great pleasures to pay tribute to truly a 
great Floridian and, indeed, a such a great American, Dr. Yvonne 
Scarlett-Golden, on the occasion of her achievement in being awarded 
the title of Doctorate of Laws by Bethune-Cookman College.

                          ____________________




             McGRAW FAMILY TO CELEBRATE 50TH ANNUAL REUNION

                                 ______
                                 

                          HON. JAMES T. WALSH

                              of new york

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. WALSH. Mr. Speaker, I rise today in special recognition of an 
occasion which will be celebrated in the County of Cortland in my 
district in Central New York State this summer. On July 18th, the 
McGraw family, along with the many guests who will join them, will hold 
their 50th Annual Reunion.
  This wonderful tradition was begun in 1950 as a means of bringing 
together the large and distinguished McGraw family. Having settled in 
Cortland County in the 1850's in the wake of the Irish potato famine, 
the McGraws quickly became one of the most well-respected residents of 
the area. The most well-known member of this family, John Joseph 
McGraw, was the Manager of the New York baseball Giants from 1902 to 
1932. Having won more games than any other manager in major league 
history, Mr. McGraw was inducted into the Baseball Hall of Fame in 
Cooperstown.
  Today, as was the case fifty years ago at the time of the first 
McGraw reunion, the Central New York area is indebted to the McGraw 
family for its many contributions to our community. I would like to 
express the sense of the many visitors and ``honorary McGraws'' who 
will travel from near and far to share in their celebration this summer 
in thanking them for making Central New York a better place, and in 
wishing them well in this and many family reunions to come.

                          ____________________




    INTRODUCTION OF THE HOMELESSNESS ASSISTANCE FUNDING FAIRNESS ACT

                                 ______
                                 

                        HON. JOHN ELIAS BALDACCI

                                of maine

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. BALDACCI. Mr. Speaker, I am pleased to introduce today the 
Homelessness Assistance Funding Fairness Act that will ensure that 
every state receives a minimum allocation of funding from the 
Department of Housing and Urban Development's ``Continuum of Care'' 
grant programs. I am introducing this legislation in conjunction with 
Senator Susan Collins of Maine. We have been working to address the 
challenges of meeting the needs of homeless people in a rural state for 
some time now, and I believe that this legislation represents an 
important step forward.
  Homelessness is a problem that knows no boundaries. In every state, 
Americans find themselves without adequate shelter or access to 
affordable housing. Unfortunately, since the Continuum of Care grants 
are currently awarded on a competitive basis, some states may be denied 
funding in a given year.
  Homelessness is also not limited to urban areas. In fact, rural 
homelessness is a significant problem and may pose even greater 
challenges due to geographical realities. Maine is a predominantly 
rural state. Homelessness is a growing problem, with more than 14,000 
people currently believed to be homeless. While this number may seem 
relatively small, when we consider that the state's overall population 
is only 1.2 million, we recognize that there is in fact a significant 
problem.
  In the past, Maine organizations have competed successfully for 
Continuum of Care funding. In fact, last year, HUD Secretary Andrew 
Cuomo visited several of Maine's homeless assistance projects and 
presented them with a ``Best Practices'' award in recognition of their 
excellent work. For that reason, it came as a shock when HUD announced 
in 1999 Continuum of Care grant recipients and we learned that no funds 
had been awarded to any Maine applicants.
  In addition to Maine, three other states--Oklahoma, Kansas and North 
Dakota--were not awarded any Continuum of Care funding this year. The 
homeless of these four rural states are just as deserving and in need 
of assistance as the homeless of the other 46 states. Unfortunately, 
they are now facing drastic cuts in services and the outright 
elimination of many programs that have sought to provide housing and 
services to help break the cycle of poverty and dependency.
  I respect the goals of the competitive funding process: to encourage 
excellence; to foster innovation; and to ensure that Federal taxpayers 
get the most ``bang for their buck'' when it comes to providing 
assistance to America's homeless. But I also recognize that in a 
competition such as this, excellent programs sometimes fall just short 
of the cut-offs that are determined by funding availability. And I am 
concerned especially because the cut-offs are absolute--Maine's 
funding, for example, went from about $3.7 million to $0.
  For that reason, I am introducing this legislation which will provide 
a safety net to ensure that every state receives at least a minimum 
allocation to provide a Continuum of Care to that state's homeless. My 
legislation would continue the grant competition, but would provide 
that every state must receive at least half a percent of the total 
Continuum of Care funds. This would ensure that the homeless of every 
state would be able to count on some continuity of services from year 
to year.
  It is not an exaggeration to say that lives depend on the services 
provided as a result of the Continuum of Care grants. People must have 
a place to escape the bitter cold of a January day in Maine or the 
brutal heat of an August day in Texas. People must have a chance to 
break out of poverty ad to become productive citizens. This is 
difficult to do when much of each day must be spent meeting such basic 
needs as finding food and shelter.
  The Homelessness Assistance Funding Fairness Act would take a small 
step in ensuring that no state's homeless persons are left without 
assistance in finding permanent or transitional housing. Unless we take 
action, the tragedy that has befallen Maine's homeless population this 
year, could easily happen to those of other states next year when the 
funds are competed again.
  I urge my colleagues to support this important legislation.

                          ____________________




      INTRODUCTION OF THE TEENAGE PREGNANCY REDUCTION ACT OF 1999

                                 ______
                                 

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. CASTLE. Mr. Speaker, I am pleased to be an original cosponsor of 
the Teenage Pregnancy Reduction Act of 1999. This legislation is an 
important commitment on the part of Congress to give local communities 
the resources they need to operate effective teenage pregnancy 
programs.
  More specifically, the bill authorizes $10.5 million in total over 
three years for HHS to conduct a study of effective teen pregnancy 
prevention programs, with an emphasis on determining the factors 
contributing to the effectiveness of the programs, and methods for 
replicating the programs in other locations.
  It also authorizes the creation of an information clearinghouse to 
collect, maintain, and disseminate information on prevention programs; 
to develop networks of prevention programs; to provide technical 
assistance and to encourage public media campaigns regarding pregnancy 
in teenagers.
  Finally, it authorizes $10 million in total over three years for one-
time incentive grants for programs which are found to be effective 
under HHS's study described earlier, to assist them with the expenses 
of operating the program.
  Helping our communities prevent teenage pregnancy is an important 
mission. The United States has the highest teenage birth rate of 
industrialized countries, which has far reaching consequences for our 
Nation's teenage mothers and their children.
  Unmarried teenagers who become pregnant face severe emotional, 
physical, and financial

[[Page 8002]]

difficulties. The children born to unmarried teenagers will struggle to 
fulfill the promise given to all human life, and many of them simply 
will not succeed. Many of them will remain trapped in a cycle of 
poverty, and unfortunately may become part of our criminal justice 
system.
  How bad is the problem? In 1960, 15 percent of teen births were out-
of-wedlock. In 1970, 30 percent of teen births were out-of-wedlock. In 
1980, 48 percent of teen births were out-of-wedlock. In 1990, 68 
percent of teen births were out-of-wedlock. In 1993, 72 percent of all 
teen births were out-of-wedlock.
  Why do we care about this? For the simple reason that beyond the 
statistics, this trend has devastating consequences for the young women 
who become unwed teen parents, and for the children born to them.
  The report, ``Kids Having Kids,'' by the Robin Hood Foundation 
quantified some of these consequences. Compared to those who delay 
childbearing until they are 20 or 21, adolescent mothers: spend 57 
percent more time as single parents in their first 13 years; are 50 
percent more likely to depend on welfare; are 50 percent less likely to 
complete high school; and are 24 percent more likely to have more 
children.
  Children of adolescents (compared to children of 20- and 21-year-
olds) are more likely to be born prematurely and 50 percent more likely 
to be low-birth weight babies of less than five and a half pounds--
meaning an increased likelihood of infant death, mental retardation or 
illness, dyslexia, hyperactivity, among others.
  How can we make a difference? By working in partnership with 
communities. At the national level, we need to take a clear stand 
against teenage pregnancy and foster a national discussion--involving 
national leaders, respected organizations, the media, and states about 
how religion, culture, and public values influence both teen pregnancy 
and responses to it. The Congressional Advisory Committee to the 
National Campaign to Prevent Teen Pregnancy, which I co-chair with 
Congresswoman Lowey, will play an active role in this discussion.
  At the local level, communities need to develop programs targeted to 
the characteristics, needs, and values of its families. Communities 
know what their needs are and what will be most effective with their 
teenagers, so it is critical that they design and implement the 
programs, not the federal government. This legislation will assist 
efforts of communities, and I hope that my colleagues will join me as a 
cosponsor.
  Our goal to reduce teen pregnancy is challenging and difficult. But 
if we work together we CAN make a difference.

                          ____________________




         EARTHQUAKE HAZARDS REDUCTION AUTHORIZATION ACT OF 1999

                                 ______
                                 

                               speech of

                           HON. PATSY T. MINK

                               of hawaii

                    in the house of representatives

                       Wednesday, April 28, 1999

       The House in Committee of the Whole House on the State of 
     the Union has under consideration the bill (H.R. 1184) to 
     authorize appropriations for carrying out the Earthquake 
     Hazards Reduction Act of 1977 for fiscal years 2000 and 2001, 
     and for other purposes:

  Mrs. MINK of Hawaii. Mr. Chairman, I rise in support of H.R. 1184, 
the Earthquake Hazards Reduction Authorization Act of 1999.
  H.R. 1184 will take earthquake research and earthquake engineering 
research to the next level enabling the replacement of antiquated 
earthquake warning systems and equipment while linking monitoring 
centers and laboratories together and stimulating scientific research 
that will help prevent losses of life and property due to earthquakes.
  I am pleased that H.R. 1184 will establish two new projects that will 
greatly boost our earthquake research and monitoring efforts: the 
Network for Earthquake Engineering Simulation (NEES); and the Advanced 
National Seismic Research and Monitoring System. These programs will 
join earthquake engineering research facilities and monitoring systems 
from across the country while upgrading and expanding earthquake 
testing at the facilities. The programs will help to eliminate 
duplication of research and promote coordination, cooperation and 
sharing of information to better enable us to utilize science in the 
protection of life and property.
  I am also pleased that the Committee accepted an amendment offered by 
Congresswoman Woolsey to direct FEMA to report on the components of the 
``National Earthquake Hazard Reduction Programs that address the needs 
of at-risk populations: the elderly, the disabled, the non-English 
speaking, and single parent households.'' These populations face 
additional challenges following natural disasters and we must not 
neglect the most vulnerable of our populations during such disasters. I 
applaud Congresswoman Woolsey in her effort to address this problem.
  I also appreciate the committee language expressing that the 
committee will soon begin examining why insurance companies refuse to 
reduce insurance premiums to builders, home owners, and commercial 
properties, that have complied with the new engineering standards and 
practices shown to reduce damages caused by earthquakes. Those who make 
conscious efforts to incorporate higher standards to prevent earthquake 
damages should not have to pay the same rates as those who do not 
incorporate these standards.
  I support this legislation because we need to be prepared for 
earthquakes; we need to improve our abilities to predict earthquakes; 
and we need to implement policies and building practices that would 
minimize losses of life due to earthquakes. But, in addition to this, 
we must prepare for the rebuilding and relief efforts that would be 
necessary in response to disastrous earthquakes and other natural 
phenomena including, tsunamis, hurricanes, and volcanic eruptions. We 
must accelerate community efforts to prepare for such incidents by 
encouraging the development of response plans and promoting 
construction practices that minimize losses from disasters.
  Accordingly, I have introduced legislation to provide our nation 
better protection from financial catastrophe caused by earthquakes, 
volcanic eruptions, and tsunamis. My bill, H.R. 481, the ``Earthquake, 
Volcanic Eruption and Hurricane Hazards Insurance Act of 1999,'' would 
establish a Federal residential insurance program, much like the 
national flood insurance program, to cover damage by earthquakes, 
volcanic eruptions, and hurricanes so that home-owners have access to 
affordable insurance that can help protect them against total financial 
ruin because of a natural disaster. It would require States that wish 
to participate in the program to implement mitigation measures to help 
guard against extensive damage which might be preventable.
  Although I hope we may never need to utilize such a program, it is 
only a matter of time until we are faced with another disaster and it 
is irresponsible not to prepare for the worst.
  I support H.R. 1184, the ``Earthquake Hazards Reduction Authorization 
Act of 1999,'' and I urge immediate consideration of H.R. 481, the 
``Earthquake, Volcanic Eruption and Hurricane Hazards Insurance Act of 
1999.''

                          ____________________




 PROVIDING FOR CONSIDERATION OF H.R. 1569, H. CON. RES. 82, H. J. RES. 
   44, AND S. CON. RES. 21, MEASURES REGARDING U.S. MILITARY ACTION 
                           AGAINST YUGOSLAVIA

                                 ______
                                 

                               speech of

                          HON. ROBERT A. BRADY

                            of pennsylvania

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mr. BRADY of Pennsylvania. Mr. Speaker, we are here today in this 
impressive and ornate building, full of pride in our suits and dresses; 
safe in the knowledge that we are protected by metal detectors and 
police officers and sergeants at arms. No one but us can enter this 
room. We are pretty secure. But what are we doing here? What message 
are we sending to our men and women in the armed forces? They aren't as 
safe as we are. They are in harm's way in Europe working to make life 
safe for innocent people over there. I am apologetic and ashamed of the 
message we are sending to them. We should not be showing our troops, 
our enemies, or the world that we are divided during this crucial time. 
I believe that we are doing this for political reasons and at the 
expense of our brave men and women in uniform. I don't think they are 
very proud of us right now.
  I am proud of them and I admire them. My prayers are with them. God 
bless them.

                          ____________________




       CHINESE-AMERICAN CONTRIBUTION TO TRANSCONTINENTAL RAILROAD

                                 ______
                                 

                         HON. JOHN T. DOOLITTLE

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. DOOLITTLE. Mr. Speaker, today I rise to honor the Chinese-
American community and pay tribute to its ancestors' contribution to 
the building of the American transcontinental railroad.

[[Page 8003]]

  On May 8th, the Colfax Area Historical Society in my Congressional 
District will place a monument along Highway 174 at Cape Horn, near 
Colfax, California to recognize the efforts of the Chinese in laying 
the tracks that linked the east and west coasts for the first time.
  With the California Gold Rush and the opening of the West came an 
increased interest in building a transcontinental railroad. To this 
end, the Central Pacific Railroad Company was established, and 
construction of the route East from Sacramento began in 1863. Although 
the beginning of the effort took place on relatively flat land, labor 
and financial problems were persistent, resulting in only 50 miles of 
track being laid in the first two years. Although the company needed 
over 5,000 workers, it only had 600 on the payroll by 1864.
  Chinese labor was suggested, as they had already helped build the 
California Central Railroad, the railroad from Sacramento to Marysville 
and the San Jose Railway. Originally thought to be too small to 
complete such a momentous task, Charles Crocker of Central Pacific 
pointed out, ``the Chinese made the Great Wall, didn't they?''
  The first Chinese were hired in 1865 at approximately $28 per month 
to do the very dangerous work of blasting and laying ties over the 
treacherous terrain of the high Sierras. They lived in simply dwellings 
and cooked their own meals, often consisting of fish, dried oysters and 
fruit, mushrooms and seaweed.
  Work in the beginning was slow and difficult. After the first 23 
miles, Central Pacific faced the daunting task of laying tracks over 
terrain that rose 7,000 feet in 100 miles. To conquer the many sheer 
embankments, the Chinese workers used techniques they had learned in 
China to complete similar tasks. They were lowered by ropes from the 
top of cliffs in baskets, and while suspended, they chipped away at the 
granite and planted explosives that were used to blast tunnels. Many 
workers risked their lives and perished in the harsh winters and 
dangerous conditions.
  By the summer of 1868, 4,000 workers, two thirds of which were 
Chinese, had built the transcontinental railroad over the Sierras and 
into the interior plains. On May 10, 1869, the two railroads were to 
meet at Promontory, Utah in front of a cheering crowd and a band. A 
Chinese crew was chosen to lay the final ten miles of track, and it was 
completed in only twelve hours.
  Without the efforts of the Chinese workers in the building of 
America's railroads, our development and progress as a nation would 
have been delayed by years. Their toil in severe weather, cruel working 
conditions and for meager wages cannot be under appreciated. My 
sentiments and thanks go out to the entire Chinese-American community 
for its ancestors' contribution to the building of this great Nation.

                          ____________________




                          NATIONAL GRANGE WEEK

                                 ______
                                 

                           HON. BOB SCHAFFER

                              of colorado

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. SCHAFFER. Mr. Speaker, last week Colorado Grangers joined more 
than 300,000 of their colleagues in celebration of National Granger 
Week. Today, I rise to pay tribute to the Grangers and their time-
honored American values.
  Organized in 1867, the Grange is a grassroots organization designed 
to promote the best interests of agriculture and preserve family 
values. Grangers are known for many community-centered projects 
including youth scholarships, activities for the deaf, emergency relief 
for farmers and ranchers and lobbying legislatures to provide 
opportunities and education for all family members. In my home state of 
Colorado, the Granger combined forces to fund relief for Colorado 
ranchers who lost cattle in the blizzards of 1997.
  Mr. Speaker, our nation began as many small communities and families 
working together to support one another. Today, local Granges work hard 
to preserve our American traditions. Therefore, I proudly rise in 
recognition of National Grange Week. With confidence, I look forward to 
the continuing success of Grangers nationwide.

                          ____________________




                        ``KITTY HAWK REVISITED''

                                 ______
                                 

                           HON. TAMMY BALDWIN

                              of wisconsin

                    in the house of representatives

                        Thursday, April 29, 1999

  Ms. BALDWIN. Mr. Speaker, today I would like to submit a poem 
entitled ``Kitty Hawk Revisited'' into the Record. This poem was 
written by Ms. Marion Brimm Rewey of Verona, Wisconsin, and I believe 
she captures the adventurous spirit of the Wright brothers first flight 
with her words.

                          Kitty Hawk Revisited

                        (By Marion Brimm Rewey)

     I wish I had seen them, the quiet men who built bicycles and 
           odd machines, pushing and dragging their da Vinci dream 
           over sea grass and sand.
     It might have been a good day to change the world, full of 
           cumulus clouds, strings of pelicans flying ragged 
           formations, a sandpiper or two and curlew calls . . . 
           and the wind of December purling off the Atlantic, 
           plucked wires and struts, hummed such music as had not 
           been heard since sirens lured Ulysses to forbidden 
           shores.
     So, while running seas rearranged the sand and every man 
           stood with feet planted firmly on solid ground, here, 
           under untried skies, on Kill Devil Hill, a hand-made 
           skeleton, like a prehistoric bird, teetered on the 
           ledge of the last frontier.
     In the broken silence of birds, wind, tide, Orville belly-
           flopped on the waiting wing.
     Then came a universe splitting roar-propellers spun, sand 
           exploded and ballooned, chains rattled and slapped 
           through metal guides, the engine's pitch climbed to a 
           scream.
     The plane shuddered, rocked like a cradle, lumbered over the 
           dunes, rose, hung between ocean and space, floundered, 
           twisted sideways, steadied, caught the wind and flew!
     To touch the moon.

     

                          ____________________




        ``WE THE PEOPLE . . . THE CITIZEN AND THE CONSTITUTION''

                                 ______
                                 

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. POMEROY. Mr. Speaker, on May 1st through 3rd of this year, high 
school students from across the country will compete in the national 
finals of the ``We the People . . . The Citizen and the Constitution'' 
program. I would like to take this opportunity to congratulate the 
students of Flasher High School of Flasher, North Dakota, who will 
represent my home state in this event. These students have worked hard 
to reach this stage of the competition and have demonstrated a thorough 
understanding of the principals underlying our constitutional 
democracy.
  We the People is the most extensive program in the country designed 
to teach students the history and philosophy of the Constitution and 
the Bill of Rights. The three-day national competition is modeled after 
hearings held in the United States Congress. These mock hearings 
consist of oral presentations by the student participants before a 
panel of adult judges. The students testify as constitutional experts 
before a ``congressional committee'' of judges representing various 
regions of the country and appropriate professional fields. The 
students' testimony is followed by a question and answer period during 
which the judges test students on their depth of understanding and 
ability to apply their constitutional knowledge. The knowledge these 
students have acquired to reach the national level of this competition 
is truly impressive. Mr. Speaker, I ask that a copy of the questions 
posed to the students at these hearings be included in the record.
  I would also like to especially recognize our talented 
representatives from Flasher High School, of Flasher, North Dakota. 
This is the first year that Flasher High School has competed in the We 
the People program, and after months of hard work and preparation, all 
31 students in the senior class will be coming to Washington to 
represent North Dakota in the national competition. In just over a 
month, these students raised $17,000 to fund this trip. I would like to 
recognize by name the dedicated students from Flasher High School: 
Ashley Bahm, Lori Boeshans, Cheryl Breiner, Nikki Erhardt, Scott 
Fisher, Nadine Fleck, Nicolle Fleck, Joe Fleck, Sherry Gerhardt, Albert 
Heinert, Amber Heinz, Nathan Honrath, Sylvia Koch, Randy Kovar, Jody 
Kraft, Jessy Meyer, Adrian Miller, Justin Miller, Sunshine Schmidt, 
Travis Schmidt, Dan Schmidt, Brielle Schmidt, Joy Schmidt, Keesha 
Stroh, Brent Ternes, Kyle Ternes, Kevan Thornton, Mitch Tishmack, 
Thomas Tschida, Paul Wienberger, Steve Zeller.
  I would also like to recognize and thank their teacher, Michael 
Severson, for his critical role in these students' success and their 
interest in American government.
  Again, Mr. Speaker, I would like to welcome the student team from 
Flasher High School to Washington, and wish them the very best of luck. 
They have made all of us in North Dakota very proud.


[[Page 8004]]

            We The People--The Citizen And The Constitution


           national hearing questions, academic year 1998-99

Unit one: What Are the Philosophical and Historical Foundations of the 
                       American Political System?

       1. The U.S. Constitution guarantees Americans a 
     ``republican form of government.'' Republicanism, however, 
     has taken on different meanings in different times and 
     places. What did the phrase mean to the Framers of the 
     Constitution?
       How was their understanding of the term different from that 
     of the ancients?
       What specific provisions of the U.S. Constitution help us 
     to understand the Framers' definition of republicanism?
       2. Two of the three monuments erected to the Magna Carta at 
     Runnymede in England are American. A copy of the Great 
     Charter now resides alongside the documents of our nation's 
     founding in the National Archives. Why has this document, 
     above all other legacies of British constitutionalism, been 
     so cherished by Americans?
       What impact did the Magna Carta have on the founding of the 
     American colonies? In the events leading to the American 
     Revolution? On the U.S. Bill of Rights?
       What tenets or principles are embodied in the Magna Carta 
     and why were they important to the development of 
     constitutional government?
       3. At the time of their independence from Great Britain the 
     American people could call upon over a century of experience 
     in self-government, especially in the management of local 
     affairs. Many historians believe that this colonial legacy 
     was crucial to the success of the new nation after 1776. What 
     were the most important principles, practices, and 
     institutions of this legacy?
       What examples can you identify of written guarantees of 
     basic rights in colonial America? Why were these written 
     guarantees important to the colonists? How did they influence 
     the U.S. Constitution and Bill of Rights?
       Many of the new democracies of the post-Cold War era have 
     no such experience of self-governance on which to draw. How 
     might this affect their chances for success? What special 
     burdens or needs does this lack of experience place upon 
     them?

         Unit two: How Did the Framers Create the Constitution?

       1. George Washington, James Madison, and other Framers used 
     the word ``miracle'' to describe the accomplishments of the 
     Constitutional Convention. Historians since have suggested 
     that much of the success of the Convention had to do with 
     timing. They have pointed out that what the Framers were able 
     to accomplish in the Philadelphia summer of 1787 would not 
     have been possible a few years earlier or later. Do you agree 
     or disagree? Explain your position.
       What circumstances and developments helped to create a 
     window of opportunity in 1787?
       In what ways did the American experience with state 
     governments and constitutions between 1776 and 1787 influence 
     the drafting of the U.S. Constitution in 1787?
       2. One of the arguments used by the Framers to reject the 
     creation of a monarchical executive was the belief that 
     kings, unlike their ministers, could never be impeached. 
     Monarchy was rejected and provision for the impeachment of 
     presidents included in the Constitution. But only two of our 
     nation's 42 chief executives have been impeached and none 
     have been convicted in the course of 210 years. Does this 
     suggest that Americans have, in fact, elevated their 
     presidents to a status not unlike that of a monarch? Why or 
     why not?
       Because U.S. presidents are heads of state as well as chief 
     executives, should the bar of justification for their removal 
     from office be higher than that for other public officials? 
     Why or why not?
       Should a national recall vote be substituted for Senate 
     trial in the case of impeached presidents? Explain your 
     position.
       3. In the debates over the Constitution's ratification, the 
     Federalists argued that the Constitution was a true and 
     proper culmination of the American Revolution. The 
     Constitution, they claimed, brought to life the basic 
     principles set forth in the Declaration of Independence. What 
     arguments did the Federalists use to support such claims? Do 
     you agree or disagree with their position? Why?
       Do you believe that the decision of the Framers to scrap 
     the Articles of Confederation, establish an entirely new 
     government, and lay down the rules for its implementation was 
     consistent or inconsistent with the principles of the 
     Declaration of Independence? Explain your position.
       Why did the Framers insist that the Constitution be 
     ratified by popularly elected state conventions?

     Unit Three: How Did the Values and Principles Embodied in the 
        Constitution Shape American Institutions and Practices?

       1. A modern biographer of our country's first president has 
     argued that if Washington ``had been taken by smallpox or 
     dropped by an Indian bullet as a young man, the future United 
     States might well have come into being in some form or other. 
     But it would have been harder, and it might have been a lot 
     harder.'' \1\ Do you agree with that statement? Why or why 
     not?
---------------------------------------------------------------------------
     \1\ Richard Brookhiser, Founding Father: Rediscovering George 
     Washington (New York: Simon & Schuster), 1996.
---------------------------------------------------------------------------
       Where do you believe Washington's contribution was the most 
     crucial: in securing independence from Great Britain, in the 
     drafting and ratification of the Constitution, or in the 
     implementation of the executive branch?
       Washington's contemporary admirers spoke of the man's 
     ``majestic fabrick,'' ``commanding countenance,'' ``martial 
     dignity,'' ``graceful bearing,'' and ``wonderful control.'' 
     How important are style and charisma to political leadership? 
     Would you put such qualities on a par with consistency or 
     purity of principles? Why or why not?
       2. The Federalists argued that a bill of rights was 
     unnecessary in a constitution of enumerated powers, checks 
     and balances, and popular sovereignty. Why did they believe 
     these features of the Constitution would protect individual 
     rights?
       How did the Anti-Federalists and other advocates of a 
     national bill of rights respond to such arguments?
       The Federalists and some constitutional scholars have 
     argued that the original constitution as drafted in 1787 was 
     itself a ``bill of rights.'' What basis did they have for 
     making this claim?
       3. In Federalist 81 Alexander Hamilton argued that the 
     authority of judicial review can be deduced ``from the 
     general theory of a limited constitution.'' Do you believe 
     his deduction is correct? Why or why not?
       What specific provisions of the Constitution provide the 
     basis for judicial review?
       Does Chief Justice John Marshall's statement, that ``it is 
     emphatically the provenance and duty of the judicial 
     department to say what the law is,'' mean that 
     representatives of the other two branches of government do 
     not have the authority to interpret the meaning of the 
     Constitution? Why or why not?


    Unit four: How Have the Protections of the Bill of Rights been 
                        Developed and Expanded?

       1. Both George III in 1776 and Abraham Lincoln in 1861 
     rejected the right of rebellion. Lincoln argued that no 
     government on earth could function if it recognized a right 
     of rebellion. Compare the positions of the British monarch 
     and the American president. How were they alike? How were 
     they different?
       Why would George III have rejected the arguments of the 
     Declaration of Independence? What might have been his reply?
       Why did Lincoln reject the attempt of the Southern states 
     to apply the principles of 1776 to their secession in 1860-
     61?
       2. Reconstruction's attempt to secure equality of 
     citizenship for African Americans was in large measure a 
     failure. The civil rights movement of the middle decades of 
     this century (sometimes referred to as the ``Second Era of 
     Reconstruction'') has achieved a large measure of success. 
     How do you account for the failure of the one and the success 
     of the other?
       What does a comparison of these two series of events 
     suggest about the abilities and limitations of constitutional 
     solutions to the nation's problems?
       What remedies other than constitutional amendments or laws 
     might reduce or prevent discrimination? What are the 
     advantages and disadvantages of each of these remedies?
       3. In 1972 Congress approved and referred to the states the 
     Equal Rights Amendment, specifying that ``equality of rights 
     under the law shall not be denied or abridged by the United 
     States or by any State on account of sex.'' Approved by 35 
     states, three short of the necessary two-thirds majority (a 
     few states subsequently rescinded their approval), the ERA 
     failed ratification. Is there a need for such an amendment 
     today? Why or why not?
       Do you believe that the Fourteenth Amendment argues for or 
     against the need for such an amendment? Explain your 
     position.
       How have developments in the quarter-century since the ERA 
     was first introduced affected this issue? Do you believe that 
     such an amendment is more or less necessary than it was in 
     1972? Explain your position.


        Unit five: What Rights Does the Bill of Rights Protect?

       1. Although the right of association is not mentioned in 
     the Constitution, courts have ruled that it is a right 
     implied by the enumerated rights of the First Amendment and 
     by the due process clause of the Fourteenth Amendment. What 
     is the basis for this implication?
       What role has the right of association played in protecting 
     other individual rights?
       Under what circumstances do you think restrictions on 
     freedom of association can be justified? Explain your 
     position.
       2. In 1956 Justice Hugo Black declared that ``there can be 
     no equal justice where the kind of trial a man gets depends 
     on the amount of money he has.'' \2\ Do you agree

[[Page 8005]]

     with Justice Black's statement? Why or why not?
---------------------------------------------------------------------------
     \2\ Griffin v. Illinois
---------------------------------------------------------------------------
       How have the nation's courts attempted to reduce the 
     disparities of justice between rich and poor?
       Should the courts' objective be equality of legal resources 
     or assurance of access to minimal legal resources? What's the 
     difference?
       3. The Fourth Amendment is said to be both one of the most 
     important protections of individual liberty and one of the 
     most troublesome provisions of the Bill of Rights. Why was 
     the Fourth Amendment added to the Constitution and what 
     rights does it protect? Why has determining what is an 
     ``unreasonable'' search and seizure proved to be so 
     difficult?
       How is the Fourth Amendment related to what courts have 
     said is an individual's ``legitimate expectation of 
     privacy''?
       Given the variety of activities for which Americans use 
     their cars and the amount of time and money they invest in 
     them, should vehicles be accorded the same degree of 
     constitutional protection as residences, i.e., should the car 
     as well as the home be regarded as a person's ``castle''?


   Unit six: What Are the Roles of the Citizen in American Democracy?

       1. The Founders believed that republican self-government 
     required a greater degree of civic virtue than did other 
     forms of government. Why did they hold that belief? How did 
     they reconcile it with their belief in the natural rights 
     philosophy?
       How was Tocqueville's view of good citizenship different 
     from that of the Founders?
       To promote good citizenship the Founders supported both 
     religious instruction and civic education. What purposes did 
     they believe each of these experiences would serve? Are those 
     purposes still important to good citizenship today? Why or 
     why not?
       2. The Internet has been called the ``electronic 
     frontier.'' The current absence of government regulation of 
     this new world of cyberspace is similar in certain respects 
     to Locke's state of nature. How might Locke and the other 
     natural rights philosophers have resolved the issues of life, 
     liberty, and property as these rights exist on the Internet?
       Should government regulate freedom of expression in 
     cyberspace? Why or why not?
       Has the potential of the Internet fundamentally altered the 
     nature of representative government? Why or why not?
       3. American constitutionalism, especially its principles of 
     federalism, and independent judiciary, and fundamental 
     rights, has had a major impact on the development of 
     constitutional democracy in other countries. The American 
     form of government, however, has not been widely copied. Most 
     of the world's democracies have opted instead for a 
     parliamentary form of government rather than one of shared 
     powers among three coequal branches of government. What are 
     the relative advantages and disadvantages of these two 
     different systems?
       Do you believe that the American system of divided 
     government has become impractical in the complex, fast-paced 
     world of today? Explain your position.
       What constitutional reforms might you suggest to improve 
     the effectiveness of our form of government?

     

                          ____________________




                  IN MEMORY OF O.G. ``SPEEDY'' NIEMAN

                                 ______
                                 

                           HON. LARRY COMBEST

                                of texas

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. COMBEST. Mr. Speaker, I rise today to pay tribute to the life and 
achievements of the late O.G. ``Speedy'' Nieman from Hereford, Texas.
  Speedy was born November 12, 1928 in Dawson County, Texas. He 
graduated from Lamesa High School and attended Texas Tech University 
where he played basketball. He served in the U.S. Coast Guard and was a 
Korean war veteran. He married Lavon Stewart on Oct. 27, 1951, in 
Hamlin, Texas.
  Speedy and his wife were co-owners and publishers of the Slaton 
Slatonite for almost eight years before they moved to Hereford. He 
worked as the sports editor of several West Texas papers. Speedy then 
entered into a partnership with Roberts Publishing Co. of Andrews to 
purchase The Hereford Brand newspaper and reorganized the North Plains 
Printing Co. He moved to Hereford in January of 1971 where he served as 
publisher for The Hereford Brand and president of North Plains Printing 
Co. for 26 years.
  He was a two-time recipient of Hereford's Bull Chip Award and 
received a wide variety of professional recognition. He served as 
president of three press associations.
  Speedy was a member and deacon at First Baptist Church of Hereford. 
He also was a member of the Lion's Club and Deaf Smith Chamber of 
Commerce. He helped establish Hereford's Christmas Stocking Fund. 
Speedy Nieman always had a strong commitment and tireless dedication to 
enhance the well-being of the town and its residents he so loved. He 
will be sorely missed.

                          ____________________




                              NEA FUNDING

                                 ______
                                 

                            HON. RON PACKARD

                             of california

                    in the house of representatives

                        Thursday, April 29, 1999

  Mr. PACKARD. Mr. Speaker, I read an article last week in the 
Washington Times, outlining a recent grant from the National Endowment 
for the Arts for a film which chronicles the sexual exploits of two 
seventeen year old adolescent women. This grant sickens me and 
reaffirms the fact that we have no business wasting taxpayer dollars on 
the NEA.
  While many of the NEA funds go to tasteful projects, what greatly 
concerns me are the NEA grants given to projects that most taxpayers 
would fine inappropriate and repulsive. The recent grants described in 
the Washington Times article offers no educational purpose but succeeds 
in degrading women.
  Americans have a right to create and enjoy works of art that often 
span a variety of tastes. However, taxpayers should not be forced to 
support an agency which continues to use federal taxpayer funds to 
subsidize tasteless and sometimes offensive projects.
  Mr. Speaker, at a time when our country is experiencing a trillion 
dollar debt, can't the money we waste on the NEA be better spent saving 
Social Security, cutting taxes and strengthening our military? The fact 
is, as elected officials we owe a responsibility to the American 
taxpayer. Funding the NEA is reneging on that responsibility.

NEA Grants Include Funds for Films on Female Sexuality--Previous Award 
                           Drew Fire on Hill

                            (By Julia Duin)

       The National Endowment for the Arts announced $58 million 
     in new grants yesterday, including $12,000 to Women Make 
     Movies, a New York distributor that a Michigan congressman 
     once likened to a ``veritable taxpayer-funded peep show.''
       This latest grant is for ``Girls Like Us,'' a documentary 
     on the sexuality of girls growing up in the 1990s. It won the 
     1997 Sundance Film Festival Grand Jury award for best 
     documentary.
       It is part of a package of four films. The others are 
     ``Jenny and Jenny,'' about two 17-year-olds in Israel; 
     ``Girls Still Dream,'' about women coming of age in Egypt; 
     and ``The Righteous Babes,'' about women in rock 'n roll.
       The money will go to produce a study guide for the films 
     and help market it to 100,000 U.S. secondary schools.
       ``It's a terrific organization. We're proud to be funding 
     them, and it's a terrific project,'' NEA spokeswoman Cherie 
     Simon said of Women Make Movies (WMM). ``[The documentary] 
     went through an extremely competitive process and was found 
     to be meritorious.''
       The film, which follows four teen-agers from south 
     Philadelphia ``deals superficially with sex and its 
     consequences,'' says a review in the Arizona Republic. ``Sex, 
     for the girls, is not about physical pleasure or desire, not 
     about love, not about social pressures. It's just something 
     teens do, they seem to say.''
       Although the grant is minuscule compared to much larger NEA 
     awards to orchestras, operas and ballets around the country, 
     it is symbolic of the arts agency's new confidence.
       Its fortunes were at a low ebb in 1997, when Rep. Peter 
     Heokstra, Michigan Republican, blasted WMM for its themes on 
     lesbians and children's sexuality. He was especially incensed 
     about a $31,500 grant for ``Watermelon Woman,'' an explicit 
     WMM film about black lesbians.
       House Republicans voted to kill all funding for the NEA in 
     the summer of 1997, but the agency's life was extended by the 
     Senate. Since then, NEA has acquired a new chairman, William 
     Ivey, and President Clinton recently proposed increasing its 
     budget by 53 percent.
       ``Rather than raise the red flag, why don't they let it lay 
     for a couple of years?'' Mr. Hoekstra said yesterday in 
     response to ``Girls Like Us.''the NEA doesn't care about what 
     Congress thinks.''
       He was more concerned, he said, about ``inequities'' in NEA 
     funding.
       ``They are posturing themselves as wanting to build a 
     better relationship with Congress, but [in 1998], 167 
     congressional districts received no grants,'' he said. ``If 
     you want to build some bridges and show you're at least 
     listening to what's a sizeable group in Congress, at least 
     start distributing the money more fairly.''
       The 600,000 people in his western Michigan district 
     ``didn't receive one dollar'' from the NEA, but in 1998, 
     ``New York got 14 percent of the money distributed,'' he 
     said, ``Now,

[[Page 8006]]

     New York doesn't have 14 percent of the populations in 
     America.''
       New York groups got large chunks of funding in the most 
     recent grant cycle, including $60,000 to the Dance Theater of 
     Harlem, $100,000 to the Metropolitan Opera, $150,000 to the 
     New York Philharmonic and $200,000 to the New York City 
     Ballet.
       In Washington, the Humanities Council got a $50,000 grant 
     for a project involving writers, and the Woolly Mammoth 
     Theatre Co. got $64,000 for a theater project with young 
     people and adults in the Shaw neighborhood.
       Other grants include $45,000 to the Fairfax County public 
     schools system for its plan to use its Arts in Elementary 
     Schools program at Mosby Woods Elementary as a model for 134 
     other county elementary schools.
       The Institute of Musical Traditions in Silver Spring 
     received $18,000 for an outreach program to low-income 
     schools and for its programs for traditional folk artist.
       Grants for $100,000 went to opera companies in Houston and 
     Los Angeles. The National Foundation for Jewish Culture in 
     New York got $100,000, as did the Nebraska Arts Council and 
     the Atlantic Center for the Arts in New Smyrna Beach, Fla.

     

                          ____________________



  REMOVAL OF UNITED STATES ARMED FORCES FROM THE FEDERAL REPUBLIC OF 
                               YUGOSLAVIA

                                 ______
                                 

                               speech of

                            HON. DAVE WELDON

                               of florida

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mr. WELDON of Florida. Mr. Speaker, I am pleased to support H. Con. 
Res. 82 calling for the removal of U.S. troops from their positions in 
connection with the present operation against the Federal Republic of 
Yugoslavia.
  This has been a very troubled region for centuries. In recent years, 
the U.S. Department of State has reported that the civil war in Kosovo 
between the Serbian government and the Kosovo Liberation Army (KLA) has 
heightened. In recent weeks, while the NATO attacks on the Serbian 
police and troops in Serbia's Kosovo province have increased, the Serb 
forces have heightened their efforts to remove ethnic Albanians from 
Kosovo. Ironically, the President argued that airstrikes were needed in 
order to keep this very action from taking place. Unfortunately, the 
airstrikes only heightened these atrocities.
  Unfortunately, there are no easy answers. It now seems apparent that 
President Clinton's decision to begin a bombing campaign was not the 
right decision and that is why I opposed the resolution supporting U.S. 
military action before the NATO bombing attacks began. Indeed, the 
Washington Post has reported that many military leaders doubted Mr. 
Clinton's bombing strategy would end the civil war in Kosovo. 
Unfortunately, they have been proved right.
  As a Member of Congress I have the responsibility to ask the 
following questions, ``Is the situation in Kosovo in our national 
interest?'' If it is in our national interest I must ask myself, ``Am I 
willing to say to my constituents and my neighbors that I believe the 
lives of their sons and daughters in the military should be placed in 
jeopardy by sending them into battle in Kosovo?'' I say NO to both. We 
do not have a national interest in Kosovo and we should not risk the 
lives of our men and women in uniform.