[Congressional Record Volume 146, Number 34 (Thursday, March 23, 2000)]
[Senate]
[Pages S1671-S1683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ROTH (for himself and Mr. Moynihan):
S. 2277. A bill to terminate the application of title IV of the Trade
Act of 1974 with respect to the People's Republic of China.
permanent normal trade relations with the people's republic of china
Mr. ROTH. Mr. President, I rise today for myself and Senator Moynihan
to introduce legislation that will make normal trade relations with the
People's Republic of China permanent when China accedes to the World
Trade Organization. The legislation I am introducing is the same as
that sent up by the administration. It is a clean bill, and I believe
we should keep it that way.
Last year, the Chinese made a series of bold commitments to United
States negotiators to open their market in return for WTO accession. In
sector after
[[Page S1672]]
sector--and by a date certain--the Chinese have pledged to open their
markets to foreign goods, investment and services. These openings
represent an unparalleled opportunity for U.S. farmers, manufacturers,
and service providers to expand their exports into a rapidly growing
market.
Those commitments will help move the Chinese economy toward a rules-
based system and end many forms of state control. In essence, China has
conceded that its future depends on the replacement of its communist-
style economy with an open, market-oriented system based on the rule of
law. Indeed, in a number of sectors, economically backward China will
be more open to American exports than some of our developed-country
trading partners in Asia and Europe.
What must the United States give away in terms of access to our
market in return for China's pledge to enact these sweeping reforms?
The answer is as striking as it is simple: absolutely nothing. The cost
of our access to China's market is simply to comply with our own WTO
obligations. Indeed, for the United States to reap the benefits of
China's open markets once it joins the WTO, the only act necessary is
passage of this legislation. This legislation will thus end the annual
normal trade relations renewal process required by the Jackson-Vanik
provisions in current trade law.
Some believe we must retain the annual renewal process because it
gives us leverage in checking China's conduct on a number of fronts.
But the annual debate on renewing normal trade relations has not been a
very effective means of achieving any of the goals we all share with
respect to China: peaceful settlement of the Taiwan question; enhanced
human rights, religious freedom and stronger worker rights for the
Chinese people or curbing China's irresponsible behavior on security
matters. But the active involvement of United States firms in China can
only help open that society and reinforce the changes already under way
in China toward free markets and a rules-based society.
The enormous benefits of enacting permanent normal trade relations,
on the other hand, are clear. Just as clear is the huge cost of failing
to do so. In passing PNTR, American workers, farmers and exporters will
gain access to market-opening concessions the Chinese made to our
negotiators after 13 long years of hard negotiations.
If we fail to pass PNTR, then every member economy of the World Trade
Organization will gain such access except the United States. Our
European, Japanese and Asian competitors could not hope for a more
lucrative gift, and all at the expense of our farmers and workers.
Here is what Leonard Woodcock, many years the President of the United
Auto Workers, had to say in support of PNTR 2 weeks ago:
American labor has a tremendous interest in China's trading
on fair terms with the U.S. The agreement we signed with
China this past November marks the largest single step ever
taken toward achieving that goal. The agreement expands
American jobs. And while China already enjoys WTO-based
access to our economy, this agreement will open China's
economy to unprecedented levels of American exports, many of
which are high-quality goods produced by high-paying jobs.
With that sentiment I most strongly agree.
What about the rights of Chinese workers themselves? On this point I
agree with Mr. Woodcock, as well. To be sure, nothing in the U.S.-China
trade agreement requires that free trade unions be formed in China. Yet
the WTO does not require this of any of its 136-member countries, and
the WTO is the wrong instrument to use to achieve that goal. We should,
instead, be asking a more important question: Are Chinese workers
better off with this agreement? The answer is a resounding yes.
With so little to lose in ending the annual renewal process and so
much to gain by enacting PNTR, I would hope this body will pass this
legislation overwhelmingly.
Mr. MOYNIHAN. Mr. President, I rise with enthusiasm to join our
chairman in introducing this measure which is word for word as the
President sent to us on March 8. In doing so, he put the matter clearly
enough. He said:
The Agreement will dramatically cut import barriers
currently imposed on American products and services. It is
enforceable and will lock in and expand access to virtually
all sectors of China's economy. The Agreement meets the high
standards we set in all areas, from creating export
opportunities for our businesses, farmers, and working
people, to strengthening our guarantees of fair trade.
I point out, sir, that the negotiations that have led us to this
point have taken 13 years. They began prior to the creation of the
World Trade Organization, under its predecessor, the GATT. It has been
hard slogging, painful, detailed work, but it has come to a conclusion.
China wants into the WTO, the World Trade Organization. The price is
to give us access to her markets. She has access to ours; hence, the
imbalance of our trade, which is enormous just now.
I say, sir--and I think it would be agreed to--this will be very
likely the most important legislative decision we have made in a decade
or will make for a decade. At issue is the opening of American and
world markets, which followed the calamitous conditions brought about
by the Smoot-Hawley tariff in 1930. The opening began by Cordell Hull,
in the form of the reciprocal trade agreements.
Every President since has expanded and continued this process. You
see it all around you in unprecedented prosperity in those countries
which first participated.
Now China wishes to do so. The condition is that we share in the
Chinese market. It could not be more simple. We are not giving them
anything they do not now have. They are giving us the treatment that is
required by a member of the World Trade Organization.
Just this morning, the Wall Street Journal reported, in a Wall Street
Journal/NBC poll, that a solid majority of Democrats--almost 2 to 1--is
in favor of this legislation. I am hesitant to tell my revered chairman
that Republicans do not do as well. But on balance, the American people
sense this. They have had the experience of it for three generations
now.
Let's do it.
We had a fine hearing today. We had wonderful testimony from
respected scholars on the subject--Merle Goldman from the Fairbanks
institution--well, from Boston University--Nelson Graham, East Gates
Ministries International, who is the son of the Rev. Billy Graham, and
Michael A. Santoro, a professor from Rutgers.
The case is so clear, it should not be obscured or delayed. It is up
to us. I think there is going to be another hearing, at least. I
believe it is the intention of the chairman to have a legislative
markup and, as we say, actually reporting out a bill in about a month's
time.
Mr. ROTH. I say to the distinguished leader, it is my intent to bring
this up at least within a month.
Mr. MOYNIHAN. At least within a month.
Mr. ROTH. I think the sooner we can move on it, the better off we
are. I expect this legislation to be adopted with overwhelming
bipartisan support.
Mr. MOYNIHAN. Exactly so. It should. I do not think we can name it
for you, but it certainly will be one of the great measures you have
achieved in a long career, not yet concluded. I would observe that it
took some prodding to get the legislation sent up to us. In his State
of the Union Address on January 27, 2000, the President called upon
Congress to pass legislation authorizing PNTR for China ``as soon as
possible this year.'' It took almost two months to get the
Administration to produce a draft of the legislation, which the
President formally transmitted to Congress on March 8.
But we have it now, and the President is fully committed to this, and
we ought to move swiftly.
I want to clarify one important point: passage of this legislation
will not determine whether China enters the WTO. China will enter the
WTO regardless of Congress' action with respect to PNTR. But until we
grant China PNTR, we cannot enter in to a full WTO relationship with
China, which means that we cannot reap the full benefits of the trade
agreement.
This is because the WTO--under the General Agreement on Tariffs and
Trade 1994, the General Agreement on Trade in Services and the
Agreement on Trade-Related Aspects of Intellectual Property Rights--
requires that WTO members grant each other immediate and unconditional
normal trading
[[Page S1673]]
relations status. We do not do so now with respect to China.
China's trade status is conditioned on an annual review of China's
compliance with the so-called Jackson-Vanik freedom-of-emigration
provisions of the Trade Act of 1974. The President makes a
determination by the third of June each year, which is then subject to
review by the Congress. Because of this conditionality, the trade
treatment that we currently accord China is insufficient under WTO
rules. Until we grant China PNTR, we must invoke the WTO's so-called
``non-application'' provision--that is, Article XIII of the Agreement
Establishing the World Trade Organization--meaning that WTO benefits
will not apply.
Simply put, we must grant China permanent normal trade relations
status in order to reap the benefits that the United States, its
workers and its companies will gain from China's entry into the WTO.
And we ought to do so promptly.
Mr. ROTH. Mr. President, I ask unanimous consent that the legislation
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2277
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF
CHINA (CHINA).
(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.), the President may--
(1) determine that such title should no longer apply to
China; and
(2) after making a determination under paragraph (1) with
respect to China, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products
of that country.
(b) China's Accession to the World Trade Organization
(``WTO'').--Prior to making the determination provided for in
subsection (a)(1) and pursuant to the provisions of section
122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the
President shall transmit a report to Congress certifying that
the terms and conditions for China's accession to the WTO are
at least equivalent to those agreed between the United States
and China on November 15, 1999.
SEC. 2. EFFECTIVE DATES.
(a) The extension of nondiscriminatory treatment pursuant
to section 1(a)(1) shall be effective no earlier than the
effective date of China's accession to the WTO.
(b) On and after the effective date under subsection (a) of
the extension of nondiscriminatory treatment to the products
of China, title IV of the Trade Act of 1974 shall cease to
apply to that country.
______
By Mrs. LINCOLN:
S. 2278. A bill to reauthorize the Junior Duck Stamp Conservation and
Design Program Act of 1994; to the Committee on Environment and Public
Works.
junior duck stamp conservation and design program authorization act
Mrs. LINCOLN. Mr. President, I am pleased to be here today to
introduce the ``Junior Duck Stamp Conservation and Design Program
Authorization Act''. The Junior Duck Stamp program gives youth a
valuable opportunity to study waterfowl and learn about environmental
conservatism through the arts.
I believe we have an unique opportunity to instill in our children a
love of the outdoors and must encourage our children by example to
protect our natural resources for future generations. Through my own
personal experiences in the outdoors, I have learned to value and
appreciate the joys of hunting and fishing and look forward to raising
my twin boys with the proper respect for the environment so that they
too will enjoy a lifetime of experiencing one of America's greatest
treasures.
The Junior Duck Stamp Reauthorization Act provides us with one of
these opportunities to instill the importance of conservation in our
nation's children. This legislation will reauthorize a program which
helps teach children to love and respect the environment, while
encouraging artistic development. By concentrating on nature, students
have an opportunity to appreciate our country's great natural resources
and explore their own talents.
The Junior Duck Stamp program allows students from elementary to high
school to research any species of North American waterfowl and portray
it artistically. Students then may enter their design in a state
contest. The ``Best of Show'' winners at the state level are then sent
to Washington D.C. for a national competition. The first place national
winner receives a $2500 scholarship award and his/her design is used to
create a Federal Junior Duck Stamp each year. Proceeds from the sale of
the stamp, which costs $5, are then invested back into the program.
The Junior Duck Stamp Program was originally developed through the
Fish and Wildlife Service with a grant from the National Fish and
Wildlife Foundation. The program was expanded by Congress in 1994 and
authorized through the year 2000. In 1998, more than 42,000 students
entered the art contest. It is estimated by educators who work with the
program, that for every student who enters the contest, ten other
students actually participate in the curriculum.
I encourage my colleagues to join with me in supporting legislation
which will continue the Junior Duck Stamp Program and encourage
conservation practices and appreciation of the outdoors in our
children.
______
By Mrs. BOXER (for herself and Mrs. Feinstein):
S. 2279. A bill to authorize the addition of land to Sequoia National
Park and for other purposes; to the Committee on Energy and Natural
Resources.
dillonwood sequoia grove bill introduction
Mrs. BOXER. I am pleased to introduce legislation to expand the
boundary of Sequoia National Park to include Dillonwood Grove.
The 1,540-acre Dillonwood Grove is the largest privately owned stand
of giant sequoias and borders the southern boundary of Sequoia National
Park.
The Dillonwood and Garfield Groves together form one of the five
largest giant sequoia groves in the world. The Garfield Grove is
already in the Park. Management of these groves as a single unit as
part of the National Park will reunite the 3,085-acre Dillonwood-
Garfield Grove, historically separated in name only.
For more than one thousand years, the massive trunks of Dillonwood's
giant sequoias have towered above the headwaters of the North Fork of
the Tule River at the foot of Moses Mountain in California's southern
Sierra Nevada.
Home to mountain lions and bears, Dillonwood's canyons and steep
mountain ridges funnel wind currents flown by some of the last
California condors seen in the wild.
More than a thousand years ago, Indians gathered at a high-elevation
summer camp below Dillonwood's granite outcroppings.
In the late 1800s, early settlers operated a mill on the site. Today
a healthy, 120-year-old giant sequoia forest is rising among the
ancient monarch trees. No second-growth giant sequoia forest of this
age is currently fund anywhere in the Park.
The Save-the-Redwoods League has negotiated an option to purchase the
Dillonwood Grove for $10 million, based on its appraised value. This
funding will be equally matched by federal and non-federal sources.
I am pleased that my Republican colleague Congressman Radanovich
introduced the identical bill in the House last week. I also want to
thank my colleague Senator Feinstein for cosponsoring my bill.
Dillonwood's rich natural and cultural heritage will be an important
and significant addition to the legacy of our national parks. I urge my
colleagues to support this important legislation.
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. 2279
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ADDITION TO SEQUOIA NATIONAL PARK.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
acquire by donation, purchase with donated or appropriated
funds, or exchange, all interest in and to the land described
in subsection (b) for addition to Sequoia National Park,
California.
(b) Land Acquired.--The land referred to in subsection (a)
is the land depicted on the
[[Page S1674]]
map entitled ``Dillonwood'', numbered 102/80,044, and dated
September 1999.
(c) Addition to Park.--On acquisition of the land under
subsection (a), the Secretary shall--
(1) add the land to Sequoia National Park;
(2) modify the boundaries of Sequoia National Park to
include the land; and
(3) administer the land as part of Sequoia National Park in
accordance with all applicable law (including regulations).
______
By Mr. McCONNELL:
S. 2280. A bill to provide for the effective punishment of online
child molesters; to the Committee on the Judiciary.
cybermolesters enforcement act of 2000
Mr. McCONNELL. Mr. President, as we are all aware, the Internet has
revolutionized communication and business. However, it also provides a
new tool for some very traditional villains: child molesters.
Unfortunately, loopholes in the current law allow some of these
predators to escape without any real consequences. For this reason I
have introduced the Cybermolesters Enforcement Act to ensure that these
new on-line molesters are brought to justice.
It is already a federal crime to cross state lines to sexually molest
a minor. In recent years the number of people using the Internet to
violate this law has skyrocketed. In the last two years alone the FBI's
cybermolester caseload his increased by 550 percent.
Most cybermolesters are well-educated, middle-class, and have no
previous criminal record. As a result, many judges are giving them
laughably light sentences. Ironically, the purveyors of child-
pornography receive a ten-year mandatory sentence, but those who use
the Internet to meet children and act out pornographic fantasies often
receive no jail time at all. We need to end the double standard that
gives lighter sentences to a special set of privileged criminals. The
Cybermolesters Enforcement Act takes a measured approach to this
problem by imposing a five-year mandatory minimum sentence without
changing the maximum sentence already contained in the law.
I would like to thank the high-tech industry for their help in
drafting this bill. In particular, I would like to thank the Law
Enforcement Security Council of the Internet Alliance. This broad-based
internet industry coalition is doing important work in the fight
against online crime, and helped to ensure that this bill will not
burden Internet service providers.
The Cybermolesters Enforcement Act addresses a real and chilling
threat to our children. It is supported by the FBI's ``Innocent
Images'' program, which is on the front lines of the battle against on-
line pedophiles. It doesn't create any new federal crimes or
regulations. It simply takes a common sense step to ensure that we
bring today's high-tech child molesters to justice. I hope my
colleagues will join me in co-sponsoring this important legislation.
I ask unanimous consent that this article by George Will outlining
this problem be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Jan. 23, 2000]
Nasty Work
(By George F. Will)
To visit a crime scene, turn on your computer. Log on to a
list of ``bulletin boards'' or real-time chat rooms, which
come and go rapidly. Look for names like
``Ilovemuchyoungerf'' (``f'' stands for females) or
``vryvryvrybrlylegal'' or ``Moms'nsons'' or ``likemyung.''
The Internet, like the telephone and automobile before it,
has created new possibilities for crime. Some people wielding
computers for criminal purposes are being combated by FBI
agents working out of an office park in Calverton, Md.
The FBI operation, named Innocent Images, targets cyber-
stalkers seeking sex with children, and traffickers in child
pornography. As one agent here says, ``Business is good--
unfortunately.'' Criminal sexual activity on the Internet is
a growth industry.
In many homes, children are the most competent computer
users. They are as comfortable on the Internet as their
parents are on the telephone. On the Web, children can be pen
pals with the entire world, instantly and at minimal cost.
But the world contains many bad people. Parents should take
seriously a cartoon that shows two dogs working on computers.
One says to the other, ``When you're online no one knows
you're a dog.''
A child does not know if the person with whom he or she is
chatting is another child or a much older person with
sinister intentions. The typical person that the agents call
a ``traveler''--someone who will cross state lines hoping to
have a sexual encounter with a child--is a white male age 25-
45. He has above-average education--often an advanced degree,
and he can find his way around the Internet--and above-
average income, enabling him to travel. Many ``travelers''
are married.
But these cyber-stalkers do not know if the person with
whom they are chatting is really, as they think, a young boy
or girl, or an FBI agent. Some ``travelers'' who thought they
had arranged meetings with children have been unpleasantly
surprised, arrested, tried and jailed.
Since the first arrest under Innocent Images in 1995, there
have been 487 arrests of ``travelers'' and pornographers, and
409 convictions. Most of the 78 nonconvictions are in cases
still pending. The conviction rate is above 95 percent.
However, the FBI is distressed by light sentences from some
judges who justify their leniency by the fact that the
offenders are socially upscale and first offenders.
(Actually, probably not: How likely is it that they get
caught the first time they become predators?) Lenient
judges also call the crime ``victimless'' because it is an
FBI agent, not a child, receiving the offender's
attention.
Agents are trained to avoid entrapment, and predators
usually initiate talk about sexual encounters. But children
implicitly raise the subject by visiting such chat rooms.
Most children recoil when sexual importunings become overt.
(``When you come to meet me, make sure you're not wearing any
underwear.'') But some importunings, including gifts and
sympathetic conversation about the problems of children, are
cunning, subtle and effective.
Publicity about Innocent Images may deter some predators,
but most are driven to risk-taking by obsessions. America
Online and other service providers look for suspect chat
rooms and close those they spot, but they exist in such
rapidly changing profusion that there are always many
menacing ones open.
Digital cameras, and the plunging price of computer storage
capacity for downloaded photographs, have made this, so to
speak, the golden age of child pornography. The fact that the
mere possession of it is a crime does not deter people from
finding, in the blizzard of Internet activities, like-minded
people to whom they say things like, ``I'm interested in
pictures of boys 6 to 8 having sex with adults.''
A booklet available from any FBI office, ``A Parent's Guide
to Internet Safety,'' lists signs that a child might be at
risk online. These include the child's being online for
protracted periods, particularly at night. Being online like
that is the unenviable duty of FBI agents running Innocent
Images.
Each of the FBI's 56 field offices has an officer trained
to seek cyber-stalkers and traffickers in child pornography.
Ten offices have Innocent Images operations. Agents assigned
to Innocent Images can spend as many as 10 hours a day
monitoring the sexual sewer that is a significant part of the
``information superhighway.'' So the FBI looks for
``reluctant volunteers'' who, while working, are given
psychological tests to see that they are not becoming
``damaged goods.'' Whatever these agents are being paid, they
are underpaid.
______
By Mr. SMITH of New Hampshire:
S. 2281. A bill to name the United States Army misssile range at
Kwajalein Atoll in the Marshall Islands for former President Ronald
Reagan; to the Committee on Armed Services.
LEGISLATION TO RENAME KWAJALEIN TESTING ATOLL FOR PRESIDENT RONALD
REAGAN
Mr. SMITH of New Hampshire. Mr. President, twenty years ago,
President Ronald Reagan took office with daunting tasks before him. A
year before, the Soviet Red Army had invaded Afghanistan, and Soviet
proxy forces were challenging U.S. allies and interests in Central
America, in Africa, and elsewhere. American hostages were still being
held in Tehran, and the United States was suffering an acute crisis of
confidence. Faced with an expansionistic Soviet Union that intimidated
the Free World with nuclear weapons and a Communist ideology spread by
Soviet-supported insurgencies and armed coups, President Reagan
dedicated his Administration to resisting this global menace and toward
winning the Cold War.
President Reagan rejected the notion that the Soviet Union would
modify its belligerence if only allowed to match U.S. military
strength. He rejected the idea that the Evil Empire was indivisible, by
implementing the Reagan doctrine, which met the Soviet proxy challenge
in the Third World in Afghanistan, Nicaragua and Angola, and by funding
Solidarity in Poland.
On March 23, 1983, President Reagan set forth a broad vision of
building a space-based defense, the Strategic Defense Initiative (SDI),
to free the American people from the threat of nuclear annihilation and
to protect the public from an accidental nuclear
[[Page S1675]]
launch initiated by the Soviet Union or by a rogue state or actor. The
critics labeled it ``Star Wars'' after the blockbuster hit by the same
name and scoffed that it would never work. They publicly floated the
notion that SDI was only a bargaining chip for arms control
negotiations. America held its breath while President Reagan, remaining
faithful to his vision, turned down President Gorbachev's offer at
Reyjavik, because it would have meant the end of SDI. Reagan refused to
give up his dreams of assured survival to replace assured destruction.
Yet only twenty years earlier, President John F. Kennedy, after the
Soviet launching of Sputnik, promised to put a man on the moon, and the
Apollo program was born. Today, as the technology to intercept incoming
missiles is being tested, Reagan's vision, like that of John F.
Kennedy, is being realized, and the irrational notion of mutual assured
destruction (MAD) pushed by arms control zealots is being dealt a
mortal blow.
Progress towards a national missile defense has not been impeded
primarily by technical limitations, but rather by political
obstruction, foot-dragging and by restraints of an imprudent treaty
signed with a power that no longer exists. The ABM Treaty signed with
the now-defunct USSR denies effective antimissile protections for the
United States. As a result, the American people continue to remain
undefended in the event of a missile attack.
Since the fall of the Berlin Wall more than 10 years ago, and the
collapse of the Soviet empire, Russia continues to pursue programs and
policies that place the U.S. in conflict with the Russian Government,
especially in the area of weapons of mass destruction and nuclear war-
fighting. There is also rapid proliferation of ballistic missile and
nuclear technology world-wide.
In recognition of President Reagan's dedication to providing America
with protection from her enemies, I ask my colleagues in the Senate to
join with me in supporting the renaming of the Army Missile Testing
Range in the Republic of the Marshall Islands as the Ronald Reagan
Strategic Defense Initiative Test Site at Kwajalein Atoll.
I would like to point out that Kwajalein is a valuable national asset
with a prime location for space surveillance, the ability to handle
both long and short-range missions, and a suite of radars unsurpassed
for assesssing missile intercepts. In 1986, President Reagan isssued
Proclamation 5564, implementing the Compact of Free Association between
the two nations, a key element of which granted the U.S. Department of
Defense leasing rights to the Kwajalein Atoll for development of a
national missile defense program, or the Strategic Defense Initiative.
SDI was Ronald Reagan's greatest dream, and I believe that most of us
look forward to its near-term fulfillment.
The Marshallese legislature in February of 1999 decided to
commemorate President Reagan in this manner by enacting Resolution 85.
Therefore, I think it only fitting that the Senate concur in this
tribute to a great President, leader and patriot, and a man, who
because of his courage in attacking the conventional wisdom of his era,
and because of his extraordinary and courageous vision, has changed the
course of history.
I am also including in the Record a fitting tribute to President
Reagan by Winston Churchill which describes the impact that SDI had on
the Soviet empire.
Mr. President, I ask unanimous consent that the bill and additional
material be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2281
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN
ATOLL AS THE RONALD REAGAN STRATEGIC DEFENSE
INITIATIVE TEST SITE AT KWAJALEIN ATOLL.
The United States Army missile testing range located at
Kwajalein Atoll in the Marshall Islands shall be known and
designated as the ``Ronald Reagan Strategic Defense
Initiative Test Site at Kwajalein Atoll''. Any reference to
that range in any law, regulation, map, document, record, or
other paper of the United States shall be considered to be a
reference to the Ronald Reagan Strategic Defense Initiative
Test Site at Kwajalein Atoll.
____
From the Remarks of Winston S. Churchill, MP, at the Opening of an
Exhibition of His Grandfather's Paintings at the Ronald Reagan
Presidential Library, December 1992
Mr. President, You have made reference to Sir Winston
Churchill's Iron Curtain speech at Fulton, Missouri, in 1946,
but more than any other single person, it was you who brought
about the collapse of the Iron Curtain and the demise of the
``evil empire.''
Historians will ponder the intriguing fact that in 1979
electorates on both sides of the Atlantic simultaneously
smelled a rat. They sensed that if things were allowed to
drift on through the 1980s as they had so disastrously in the
1970s, with the West in full retreat in the face of Soviet
expansionism in Africa, Asia and Latin America, the free
world be heading for catastrophe.
Accordingly, the U.S. and British electorates placed you
and Margaret Thatcher in office--and what a formidable
partnership you forged! You inspired NATO with a new resolve.
You strengthened the defenses of the West. You made clear
that the bugle would no more sound ``retreat!''
When you unveiled your Strategic Defense Initiative, it was
mockingly dubbed ``Star Wars'' and dismissed by all too many
in both our countries as pure Hollywood hype. Fortunately,
there were a few people who believed it would work.
I believe that when the history of this cataclysmic period
comes to be written, it will be seen that it was SDI--more
than any other factor--that broke the Soviet camel's back by
convincing the incumbents of the Kremlin that they could no
longer afford to compete militarily with the United States as
their economy could no longer bear the burden.
All mankind owes you a debt of gratitude for bringing the
Cold War to an end, for putting the arms race in reverse and
for promoting reconciliation between East and West, so that
today we all live in a safer world.
______
By Mr. CAMPBELL (for himself, Mr. Johnson, and Mr. Inouye):
S. 2282. A bill to encourage the efficient use of existing resources
and assets related to Indian agricultural research, development and
exports within the United States Department of Agriculture, and for
other purposes; to the Committee on Indian Affairs.
the native american agricultural research, development and export
enhancement act of 2000
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Tim Johnson in introducing the Native American Agriculture
Research, Development and Export Enhancement Act of 2000 to encourage
the development of the Indian agricultural sector. This bill will help
make efficient use of Federal agriculture research, development and
export resources in the U.S. Department of Agriculture.
Agriculture has been a central part of the Native American culture,
way of life, self sufficiency, and economies from time immemorial. This
is still true today with many Indian tribes using agriculture and
agribusiness to sustain their livelihoods and economies.
There are some 55 million acres of Indian lands in the United States,
approximately 2 percent of all lands in the country, with nearly 47
million of these acres made up of crop and range land.
Indian agriculture production is not limited to just farming and
ranching, it also includes such diverse products as timber and forest
goods, fish and seafood, bison, wild rice, fruits and nuts, cotton and
a host of other Native-made and gathered products.
Agriculture constitutes the second largest revenue generator and
employer in Indian country but often takes a back seat to other
initiatives in the development of tribal resources and economies. By
reinvigorating the Indian agriculture sector we can develop the value-
added industries to provide food security, as well as increase
employment and raise incomes in Indian communities.
Although there are many programs within the Department of Agriculture
for which tribal and individual Indian producers are eligible, Indian
producers have not fully benefitted from these programs because of a
lack of thoughtful coordination and attention within the Department.
In fact, these is now pending a class action lawsuit filed by Indian
farmers against the Department charging discrimination and neglect in
the availability and use of funds, programs, and services.
This bill will afford Indian farmers and producers the same benefits,
assistance and organization that non-Indian producers currently enjoy
by promoting the coordination of existing agriculture and related
programs within
[[Page S1676]]
the Department to provide maximum benefit to Indian tribes and their
members.
It is my hope that this initiative will encourage intertribal,
regional, and international trade and business development in order to
assist in increasing productivity, access to specialty markets, export
promotion, marketing assistance, access to capital, and at the same
time help facilitate agricultural ventures with non-Indian entities.
Under the provisions of this bill, a Native American Research,
Development, and Export Office would be established within the
Department and would have a Director appointed by the Secretary to
ensure the intra-agency and inter-agency coordination of programs that
assist Indian agriculture and economic development.
This bill is not intended to reduce, rather than create, more federal
bureaucracy. Therefore, this office will be formed using funds already
appropriated to the Department.
Within this office, the Director would establish the Native American
Trade and Export Promotion Program to help coordinate and cooperate
with the other appropriate Federal agencies to promote Indian
agriculture and related value-added industries.
I ask unanimous consent that the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2282
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 ``Native American Agricultural
Research, Development and Export Enhancement Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Clause 3 of section 8 of article I of the United States
Constitution recognizes the special relationship between the
United States and Indian tribes.
(2) Beginning in 1970, with the inauguration by the Nixon
Administration of the Indian self-determination era, each
successive President has reaffirmed the special government-
to-government relationship between Indian tribes and the
United States.
(3) In 1994, President Clinton issued an executive
memorandum to the heads of all Federal departments and
agencies that obligated all such departments and agencies,
particularly those that have an impact on economic
development, to evaluate the potential impacts of their
actions on Indian tribes.
(4) The United States has an obligation to guard and
preserve the agricultural and related renewable resources of
Indian tribes in order to foster strong tribal governments,
Indian self-determination, and economic self-sufficiency
among Indian tribes.
(5) Despite the availability of abundant natural resources
on Indian lands and a rich cultural legacy that accords great
value to self-determination, self-reliance, and independence,
Native Americans suffer higher rates of unemployment,
poverty, poor health, substandard housing, and associated
social ills than those of any other group in the United
States.
(6) Reservation-based Indians tend to be the most rural of
any minority group. They tend to be geographically isolated,
resource limited, and the least likely of any farm group to
receive payment or loans from the United States.
(7) Indian land represents close to 55,000,000 acres, or
about 2 percent of the United States land base, with nearly
47,000,000 of these acres consisting of range and cropland.
(8) Indian agriculture constitutes the second largest
revenue generator and employer in Indian country and is not
limited to farming and ranching, but often includes such
products as forestry, bison, wild rice and fruits, cotton,
tobacco and other Native-made or grown products.
(9) Because of the lack of Federal intra-agency and inter-
agency coordination in agriculture programs and policies, the
development of Indian agriculture and related tribal business
and economic development potential has been hindered.
(10) It is estimated that about 20 percent of reservation
grazing land and about 70 percent of cropland is leased to
non-Indian producers.
(11) American Indians today use their lands and natural
resources for agriculture and agribusiness to provide food
and other staples for consumption, improving their economic
self-sufficiency, agriculture income and reservation
employment.
(12) Although there are many programs within Department of
Agriculture for which tribal and individual Indian producers
are eligible, Indian producers have not fully benefited from
these programs because of insufficient coordination within
the Department of Agriculture.
(13) The United States has an obligation to assist Indian
tribes with the creation of appropriate economic and
political conditions with respect to Indian lands to--
(A) encourage investment from outside sources that do not
originate with the tribes; and
(B) facilitate economic ventures with outside entities that
are not tribal entities.
(14) The economic success and material well-being of Native
American communities depends on the combined efforts of the
Federal Government, tribal governments, the private sector,
and individuals.
(b) Purpose.--It is the purpose of this Act to--
(1) promote the coordination of existing agricultural and
related programs within the Department of Agriculture to
provide the maximum benefit to Indian tribes and their
members;
(2) encourage intertribal, regional, and international
trade and business development in order to assist in
increasing productivity and the standard of living of members
of Indian tribes and improving the economic self-sufficiency
of the Indian tribes;
(3) through improving the administration of Federal
program, improve the access of Indian tribes to capital,
specialty markets, export promotions, and marketing
assistance that non-Indian agriculture producers currently
have access to;
(4) improve the development and coordination of Indian
agriculture and related value-added industries to promote
self-sustaining Native economies and communities; and
(5) promote economic self-sufficiency and political self-
determination for Indian tribes and members of Indian tribes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means an
Indian tribe, a tribal organization, a tribal enterprise, a
tribal marketing cooperative, or any other Indian-owned
business.
(2) Indian.--The term ``Indian'' has the meaning given that
term in section 4(d) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(d)).
(3) Indian goods and services.--The term ``Indian goods and
services'' means--
(A) goods produced or originated by an eligible entity; or
(B) services provided by eligible entities.
(4) Indian-owned business.--The term ``Indian-owned
business'' means an entity organized for the conduct of trade
or commerce with respect to which at least 50 percent of the
property interest of the entity is owned by Indians or Indian
tribes (or a combination thereof).
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Tribal enterprise.--The term ``tribal enterprise''
means a commercial activity or business managed or controlled
by an Indian tribe.
(8) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT
OFFICE
(a) In General.--
(1) Establishment.--There is established within the
Department of Agriculture a Native American Agricultural
Research, Development 'and Export Office (referred to this
Act as the ``Office'').
(2) Director.--The Office shall be headed by a Director of
the Native American Agricultural Research, Development and
Export Office (referred to in this Act as ``Director'') to be
appointed by the Secretary. The Director shall be compensated
at a rate not to exceed that for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Duties of the Secretary.--
(1) In general.--The Secretary, acting through the
Director, shall ensure the coordination of all programs that
provide assistance to Native American communities within the
following 7 mission areas of the Department of Agriculture:
(A) Farm and foreign agricultural services.
(B) Food, nutrition, and consumer services.
(C) Food safety.
(D) Marketing and regulatory programs.
(E) Natural resources and environment.
(F) Research, education and economics.
(G) Rural development.
(2) Activities.--In carrying out paragraph (1), the
Secretary, acting through the Director, shall ensure the
coordination of, or, as appropriate, carry out--
(A) activities to promote Indian agricultural programs,
including the development of domestic and international trade
programs;
(B) activities to facilitate water and waste programs,
housing, utility and other infrastructure development with
respect to Native American communities;
(C) activities to provide assistance to Indian tribal
college programs;
(D) activities to implement rural economic development
programs for Native American communities; and
(E) activities to promote food and nutrition services for
Native American communities.
(3) Interagency coordination.--In carrying out Department
of Agriculture programs, the Secretary, acting through the
Director, shall coordinate with other Federal agencies,
including the Department of Energy, the Department of Housing
and Urban
[[Page S1677]]
Development, the Department of the Interior, the Department
of Justice, the Department of Commerce, or any other Federal
agency responsible for administering related Indian programs.
(4) Assistance.--In conjunction with the activities
described in paragraph (2), the Secretary, acting through the
Director, shall provide--
(A) financial assistance, technical assistance, and
administrative services to eligible entities to assist those
entities in--
(i) identifying and taking advantage of business
development opportunities; and
(ii) complying with appropriate laws and regulatory
practices; and
(B) such other assistance as the Secretary, in consultation
with the Director, determines to be necessary for the
development of business opportunities for eligible entities
to enhance the economies of Indian tribes.
(5) Priorities.--In carrying out the duties and activities
described in paragraphs (3) and (4), the Secretary, acting
through the Director, shall give priority to activities
that--
(A) provide the greatest degree of economic benefits to
Indians; and
(B) foster long-term stable economies of Indian tribes.
SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION.
(a) In General.--The Secretary, acting through the
Director, shall establish and implement a Native American
export and trade promotion program (referred to in this
section as the ``program'').
(b) Coordination of Federal Programs and Services.--In
carrying out the program, the Secretary, acting through the
Director and in cooperation with the heads of appropriate
Federal agencies, shall ensure the coordination of Federal
programs and services that are designed to--
(1) develop the economies of Indian tribes; and
(2) stimulate the demand for Indian goods and services that
are available from eligible entities.
(c) Activities.--In carrying out subsection (b), the
Secretary, acting through the Director, shall ensure the
coordination of, or, as appropriate, carry out--
(1) Federal programs that are designed to provide technical
or financial assistance to eligible entities;
(2) activities to develop promotional materials for
eligible entities;
(3) activities for the financing of appropriate trade
missions;
(4) activities for the marketing of related Indian goods
and services;
(5) activities for the participation of appropriate Federal
agencies or eligible entities in international trade fairs;
and
(6) any other activity related to the development of
markets for Indian goods and services.
(d) Technical Assistance.--In conjunction with the
activities described in subsection (c), the Secretary, acting
through the Director, shall provide technical assistance and
administrative services to eligible entities to assist those
entities in--
(1) identifying appropriate markets for Indian goods and
services;
(2) entering the markets referred to in paragraph (1);
(3) complying with foreign or domestic laws and practices
with respect to financial institutions concerning the export
and import of Indian goods and services; and
(4) entering into financial arrangements to provide for the
export and trade of Indian agricultural and related products.
(e) Priorities.--In carrying out the duties and activities
described in subsections (b) and (c), the Secretary, acting
through the Director, shall give priority to activities
that--
(1) provide the greatest degree of economic benefits to
Indians; and
(2) foster long-term stable international markets for
Indian goods and services.
______
By Mr. CAMPBELL (for himself, Mr. Johnson, and Mr. Inouye):
S. 2283. A bill to amend the Transportation Equity Act for the 21st
Century to make certain amendments with respect to Indian tribes; to
the Committee on Indian Affairs.
the indian tribal surface transportation act of 2000
Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senator Tim
Johnson in introducing today a bill to make needed clarifications in
the law to aid in the administration of the Indian Reservation Road and
Bridge Program to better meet the transportation needs in Indian
country.
There is an enormous need for physical infrastructure on Indian lands
throughout the country. This infrastructure is necessary for Indian
tribes and their citizens to carry out emergency services, law
enforcement, and the transportation of goods and services.
In addition, physical infrastructure is just as important for Indian
communities as it is for other communities because Indian economies are
still in need of significant investment and private sector activity.
When entrepreneurs or investors are calculating whether to invest in
any community they look first to see if basic building blocks are
there: roads, highways, electricity, potable water, and other factors.
So for Indian communities an efficient federal roads financing and
construction system holds the key to healthier economies and higher
standards of living for their members.
In 1998, Congress enacted the Transportation Equity Act of the
Twenty-First Century (``TEA-21'') to authorize Federal surface
transportation programs with the goals of improved highways, increased
safety, protecting the environment, and increased economic growth.
In passing TEA-21, Congress approved several Indian amendments that I
was happy to propose to require a negotiated rule-making to determine
the allocation formula to allow the kind of flexibility needed for an
Indian country-wide formula; as well as a provision to ensure that all
TEA funds set aside for Indians would be made available to tribes that
choose to enter contracts under the Indian Self-Determination and
Education Assistance Act of 1975, P.L. 93-638, as amended.
On October 20, 1999, the Committee on Indian Affairs, which I chair,
held an oversight hearing on the Indian reservation roads program and
TEA-21. From testimony and other evidence presented it is evident that
there remain serious obstacles to a more efficient functioning of TEA-
21 in Indian communities. I am sorry to say that one of the obstacles
appears to be the administration of the program by the Bureau of Indian
Affairs itself.
The Indian reservation roads program is set up in such a way that the
roads funding is transferred from the Department of Transportation's
Federal Highway Administration [FHWA] to the Bureau of Indian Affairs,
which in turn allocates the funds to Indian tribes based on a pre-
existing formula.
Although reservation roads compose 2.63 percent of the Federal
highway system, less than 1 percent of Federal aid had been allocated
to Indian roads.
This bill would remove the so-called ``obligation limitation''
contained within TEA-21 and in effect would allow the already-
authorized funds for Indians to reach the intended beneficiaries.
In 1999, the amount of funds that reached the Indian communities was
$34 million less than that authorized in TEA-21 because of the
obligation limitation.
This bill also authorizes the Federal Lands Highway Program to
establish a Pilot Program to contract directly with Indian tribes for
the administration of these tribes' roads programs. By allowing tribes
to voluntary enter this program, it is intended that a better use can
be made of existing resources and at the same time encourage Indian
tribal self-determination.
Under current law, the BIA is authorized to use ``up to 6 percent''
of the roads funding for oversight and administration of the Indian
roads program. If it was not clear in 1998, it should be clear now that
these funds are not intended to be available to subsidize other BIA
roads operations nor are they intended to be used for any other
purposes.
The bill I am introducing today contains an amendment that clarifies
the ``up to 6 percent'' language by reiterating Congress' intention
that the figure was and is intended as a maximum, not a minimum,
funding level with regard to BIA administrative costs.
Finally, with regard to the option to tribes to administer these
funds and programs, the bill clarifies that all Indian reservation
roads program funds are to be made available to Indian tribes which
want to assume the administration of their reservation roads program
under Public Law 93-638.
The bill also seeks to eliminate the current redundancy is required
health and safety certification by allowing tribes the option of
meeting statutorily required Health and Safety Standards without the
need for a second, duplicative effort by the BIA. It is important to
note that the standards themselves will not change, nor will the need
for tribal compliance with those standards change.
Mr. President, that is a brief description of the amendments in this
bill, and I urge my colleagues to support them.
I ask unanimous consent that the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S1678]]
S. 2283
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 ``Indian Tribal Surface
Transportation Act of 2000''.
SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.
(a) Obligation Limitation.--Section 1102(b) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 104
note) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by adding at the end thereof the following:
``(9) under section 1101(a)(8)(A).''.
(b) Pilot Program.--Section 202(d)(3) of title 23, United
States Code, is amended by adding at the end the following:
``(C) Federal lands highway program demonstration
project.--
``(i) In general.--The Secretary shall establish a
demonstration project under which all funds made available
under this title for Indian reservation roads and for highway
bridges located on Indian reservation roads as provided for
in subparagraph (A), shall be made available, upon request of
the Indian tribal government involved, to the Indian tribal
government for contracts and agreements for the planning,
research, engineering, and construction described in such
subparagraph in accordance with the Indian Self-Determination
and Education Assistance Act.
``(ii) Exclusion of agency participation.--In accordance
with subparagraph (B), all funds for Indian reservation roads
and for highway bridges located on Indian reservation roads
to which clause (i) applies, shall be paid without regard to
the organizational level at which the Federal lands highway
program has previously carried out the programs, functions,
services, or activities involved.
``(iii) Selection of participating tribes.--
``(I) Participants.--
``(aa) In general.--The Secretary may select not to exceed
12 Indian tribes in each fiscal year from the applicant pool
described in subclause (II) to participate in the
demonstration project carried out under clause (i).
``(bb) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or activity to
which this title applies may form a consortium to be
considered as a single tribe for purposes of becoming part of
the applicant pool under subclause (II).
``(II) Applicant pool.--The applicant pool described in
this subclause shall consist of each Indian tribe (or
consortium) that--
``(aa) has successfully completed the planning phase
described in subclause (III);
``(bb) has requested participation in the demonstration
project under this subparagraph through the adoption of a
resolution or other official action by the tribal governing
body; and
``(cc) has, during the 3-fiscal year period immediately
preceding the fiscal year for which participation under this
subparagraph is being requested, demonstrated financial
stability and financial management capability through a
showing of no material audit exceptions by the Indian tribe
during such period.
``(III) Planning phase.--An Indian tribe (or consortium)
requesting participation in the project under this
subparagraph shall complete a planning phase that shall
include legal and budgetary research and internal tribal
government and organization preparation. The tribe (or
consortium) shall be eligible to receive a grant under this
subclause to plan and negotiate participation in such
project.''.
(c) Administration.--Section 202 of title 23, United States
Code, is amended by adding at the end thereof the following:
``(f) Indian Reservation Road, Administration.--
``(1) In general.--Notwithstanding any other provision of
law, not to exceed 6 percent of the contract authority
amounts made available from the Highway Trust Fund to the
Bureau of Indian Affairs shall be used to pay the
administrative expenses of the Bureau for the Indian
reservation roads program and the administrative expenses
related to individual projects that are associated with such
program. Such administrative funds shall be made available to
an Indian tribal government, upon the request of the
government, to be used for the associated administrative
functions assumed by the Indian tribe under contracts and
agreements entered into pursuant to the Indian Self-
Determination and Education Assistance Act.
``(2) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribe or tribal
organization may commence construction that is funded through
a contract or agreement under the Indian Self-Determination
and Education Assistance Act only if the Indian tribe or
tribal organization has--
``(A) provided assurances in the contract or agreement that
the construction will meet or exceed proper health and safety
standards;
``(B) obtained the advance review of the plans and
specifications from a licensed professional who has certified
that the plans and specifications meet or exceed the proper
health and safety standards; and
``(C) provided a copy of the certification under
subparagraph (B) to the Bureau of Indian Affairs.''.
______
By Mr. COCHRAN:
S. 2286. A bill to establish the Library of Congress Financial
Management Act of 1999, and for other purposes; to the Committee on
Rules and Administration.
THE LIBRARY OF CONGRESS FINANCIAL MANAGEMENT ACT OF 1999
Mr. COCHRAN. 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. 2286
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 ``Library of Congress
Financial Management Act of 1999''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUND
SEC. 101. AVAILABILITY OF FUND FOR SERVICE ACTIVITIES.
The Librarian of Congress is authorized--
(1) to establish Fund service units to carry out Fund
service activities; and
(2) to make the library products and services constituting
Fund service activities available for purchase through Fund
service units at rates estimated by the Librarian to be
adequate to recover the direct and indirect costs of the
activities, with respect to each Fund service unit, over a
reasonable period of time.
SEC. 102. FUND SERVICE ACTIVITIES.
The Fund service activities that may be conducted by Fund
service units are--
(1) preparation of research reports, translations,
analytical studies, and related services for departments and
other entities of the Federal Government;
(2) centralized acquisition of publications and library
materials in any format, information, research, and library
support services; training in library and information
services; and related services for departments and other
entities of the Federal Government;
(3) decimal classification development;
(4) gift shop and other sales of items associated with
collections, exhibits, performances, and special events of
the Library of Congress;
(5) location, copying, storage, preservation and delivery
services for library document and audio-visual materials, not
including basic domestic interlibrary loan services; and
international interlibrary lending;
(6) special events and programs; performances, exhibits,
workshops, and training; and
(7) cooperative acquisitions of foreign publications and
research materials and related services on behalf of
participating institutions.
SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Library of
Congress Revolving Fund. The Fund shall be available to the
Librarian of Congress without fiscal year limitation, for the
conduct of Fund service activities operated by the Library on
a cost-recovery basis. Obligations for Fund service
activities are limited to the total amounts specified in the
appropriations act for any fiscal year. The Fund shall
consist of amounts deposited under subsection (b) and credits
under subsection (c).
(b) Capital; Amounts Deposited.--The Fund shall consist
of--
(1) amounts from funds appropriated to the Library of
Congress that the Librarian may temporarily transfer to the
Fund for capitalization of the Fund, in which case the Fund
shall reimburse the Library for amounts so transferred before
the period of availability of the Library appropriation
expires;
(2) any amounts transferred as capital from the fund
authorized under section 207(b)(2) of Legislative Branch
Appropriation Act, 1998 (Public Law 105-55) (as such section
was in effect on the day before the date of enactment of this
Act);
(3) any obligated, unexpended balances existing as of
September 30, 2000, or the date of enactment of this Act,
whichever is later, attributable to the activities specified
in section 102 that the Library conducts, which balances the
Librarian may transfer to the Fund notwithstanding the
requirements of section 1535(d) of title 31, United States
Code;
(4) upon the transfer of an activity of the Library of
Congress to a Fund service unit, the difference between--
(A) the total value of the supplies, inventories,
equipment, gift fund balances, and other assets of the
activity; and
(B) the total value of the liabilities (including the value
of accrued annual leave of employees) of the activity; and
(5) any amounts appropriated by law for the purposes of the
Fund.
(c) Credits.--The Fund shall be credited with all amounts
received by Fund service units with respect to Fund service
activities, including--
(1) fees, advances, and reimbursements;
(2) gifts or bequests of money or property for credit to
the Fund;
[[Page S1679]]
(3) receipts from sales and exchanges of property;
(4) payments for loss or damage to property;
(5) receivables, inventories, and other assets; and
(6) amounts appropriated by law.
(d) Advances of Funds.--Participants in Fund services
activities shall pay by advance of funds in all cases where
it is determined by the Librarian that there is insufficient
capital otherwise available in the Fund. Advances of funds
also may be made by agreement between the participants and
the Librarian.
(e) Individual Accounting Requirement for Fund Service
Units.--Separate accounts of the Fund shall be maintained
with respect to individual Fund service units.
(f) Excess Funds.--Any unobligated and unexpended balances
in the Fund that the Librarian determines to be in excess of
amounts needed for activities financed by the Fund shall be
deposited in the Treasury of the United States as a
miscellaneous receipt. For the purpose of the preceding
sentence the term ``amounts needed for activities financed by
the Fund'' means the direct and indirect costs of the
activities, including the costs of purchasing, shipping, and
binding of books and other library materials; supplies,
materials, equipment and service needed in support of the
activities; salaries and benefits; general overhead; and
travel.
(g) Multiyear Contracting Authority.--In the operation of
Fund activities, the Librarian is authorized to enter into
contracts for the lease and acquisition of goods and services
(including severable services) for a period that begins in
one fiscal year and ends in the next fiscal year, and to
enter into multiyear contracts for the acquisition of
property and services, in the same manner and to the same
extent as the head of an executive agency may enter into such
contracts under sections 303L and 304B, respectively, of the
Federal Property and Administrative Services Act (41 U.S.C.
253l and 254c).
(h) Annual Report.--Not later than March 31 of each year,
the Librarian shall submit to Congress an audited financial
statement for the Fund for the preceding fiscal year. The
audit shall be conducted in accordance with Government
Auditing Standards for financial audits issued by the
Comptroller General of the United States.
SEC. 104. DEFINITIONS.
As used in this title--
(1) the term ``departments and other entities of the
Federal Government'' means any department, agency or
instrumentality of the United States Government, including
executive departments, military departments, independent
establishments, wholly owned Government corporations, and
entities in the legislative and judicial branches, and
includes any department, agency or instrumentality of the
District of Columbia government;
(2) the term ``Fund'' means the Library of Congress
Revolving Fund established under section 103;
(3) the term ``Fund service activities'' means the library
information products and services described in section 102;
(4) the term ``Fund service unit'' means an organizational
entity of the Library of Congress that, at the direction of
the Librarian, is partially or fully sustained through the
Fund; and
(5) the term ``Librarian'' means the Librarian of Congress.
SEC. 105. REPEAL.
Section 207 of the Legislative Branch Appropriations Act,
1998 (Public Law 105-55) is repealed.
SEC. 106. EFFECTIVE DATE.
This title shall take effect on October 1, 2000.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. AVAILAB1LITY OF CATALOGING PRODUCTS AND SERVICES.
(a) In General.--The Librarian of Congress is authorized to
make cataloging products and services, created by the Library
of Congress, available for purchase at prices that reflect as
closely as practicable the cost of distribution over a
reasonable period of time. The amounts received for such
products and services shall be deposited in the Treasury of
the United States to the credit of the appropriation for
salaries and expenses of the Library of Congress, to remain
available until expended for necessary distribution of such
products and services.
(b) Definition.--As used in this section, the term
``cataloging products and services'' means those
bibliographic products and services, in any format now known
or later developed, that are used by libraries and library
organizations, including other Library-created data bases,
and related technical publications.
SEC. 202. REPEAL.
The paragraph beginning ``The Librarian of Congress'' under
the heading ``Public printing and binding'' in the first
section of the Act entitled ``An Act making appropriations
for sundry civil expenses of the Government for the fiscal
year ending June thirtieth, nineteen hundred and three, and
for other purposes'', approved June 28, 1902 (2 U.S.C. 150),
is repealed.
SEC. 203. EFFECTIVE DATE.
This title and the amendment made by this title shall take
effect on October 1, 2000.
TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD AMENDMENTS
SEC. 301. ADDITION OF BOARD MEMBER.
The first sentence of the first paragraph of the first
section of the Act entitled ``An Act to create a Library of
Congress Trust Fund Board, and for other purposes,'' approved
March 3, 1925 (2 U.S.C. 154) is amended by inserting ``and
vice chairman'' after ``chairman.''
SEC. 302. TEMPORARY EXTENSION OF BOARD MEMBER TERM.
The first paragraph of the first section of such Act (2
U.S.C. 154) is amended by inserting after the first sentence
the following: ``Upon the request of the chairman of the
Joint Committee on the Library, any member whose term has
expired may continue to serve on the Library of Congress
Trust Fund Board until the earlier of (A) the date on which
such member's successor is appointed, or (B) the end of the
two-year period beginning on the date such member's term
expires.''.
SEC. 303. TRUST FUND BOARD QUORUM.
The third sentence of the first paragraph of the first
section of such Act (as amended by section 302) (2 U.S.C.
154) is amended by striking ``Nine'' and inserting
``Seven''.
______
By Mr. L. CHAFEE (for himself and Mr. Reid):
S. 2287. A bill to amend the Public Health Service Act to authorize
the Director of the National Institute of Environmental Health Sciences
to make grants for the development and operation of research centers
regarding environmental factors that may be related to the etiology of
breast cancer; to the Committee on Health, Education, Labor, and
Pensions.
breast cancer and environmental research act of 2000
Mr. L. CHAFEE. Mr. President, I am pleased to be joined today by
Senator Harry Reid in introducing the Breast Cancer and Environmental
Research Act of 2000. This bill would establish research centers that
would be the first in the nation to specifically study the
environmental factors that may be related to the development of breast
cancer. The lack of agreement within the scientific community and among
breast cancer advocates on this question highlights the need for
further study.
It is generally believed that the environment plays some role in the
development of breast cancer, but the extent of that role is not
understood. The Breast Cancer and Environmental Research Act of 2000
will enable us to conduct more conclusive and comprehensive research to
determine the impact of the environment on breast cancer. Before we can
find the answers, we must determine the right questions we should be
asking.
While more research is being conducted into the relationship between
breast cancer and the environment, there are still several issues that
must be resolved to make this research more effective.
There is no known cause of breast cancer.--There is little agreement
in the scientific community on how the environment affects breast
cancer. While studies have been conducted on the links between
environmental factors like pesticides, diet, and electromagnetic
fields, no consensus has been reached. There are other factors that
have not yet been studied that could provide valuable information.
While there is much speculation, it is clear that the relationship
between environmental exposures and breast cancer is poorly understood.
There are challenges in conducting environmental research.--
Identifying links between environmental factors and breast cancer is
difficult. Laboratory experiments and cluster analyses, such as those
in Long Island, New York, cannot reveal whether an environmental
exposure increases a woman's risk of breast cancer. Epidemiological
studies must be designed carefully because environmental exposures are
difficult to measure.
Coordination between the National Institutes of Health (NIH), the
National Cancer Institute (NCI), and the National Institute of
Environmental Health Sciences (NIEHS).--NCI and NIEHS are the two
institutes in the NIH that fund most of the research related to breast
cancer and the environment; however, comprehensive information specific
to environmental effects on breast cancer is not currently available.
This legislation would establish eight Centers of Excellence to study
these potential links. These ``Breast Cancer Environmental Research
Centers'' would provide for multidisciplinary research among basic,
clinical, epidemiological and behavioral scientists interested in
establishing outstanding, state-of-the-art research programs addressing
potential links between the
[[Page S1680]]
environment and breast cancer. The NIEHS would award grants based on a
competitive peer-review process. This legislation would require each
Center to collaborate with community organizations in the area,
including those that represent women with breast cancer. The bill would
authorize $30 million for the next five years for these grants.
``Genetics loads the gun, the environment pulls the trigger,'' as Ken
Olden, the Director of NIEHS, frequently says. Many scientists believe
that certain groups of women have genetic variations that may make them
more susceptible to adverse environmental exposures. We need to step
back and gather evidence before we come to conclusions--that is the
purpose of this bill. People are hungry for information, and there is a
lot of inconclusive data out there, some of which has no scientific
merit whatsoever. We have the opportunity through this legislation to
gather legitimate and comprehensive data from premier research
institutions across the nation.
According to the American Cancer Society, each year 800 women in
Rhode Island are diagnosed with breast cancer, and 200 women in my
state will die of this terrible disease this year. We owe it to these
women who are diagnosed with this life-threatening disease to provide
them with answers for the first time.
I urge my colleagues to join me in supporting and cosponsoring this
important legislation, and ask unanimous consent that the legislation
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2287
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 ``Breast Cancer and
Environmental Research Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Breast cancer is the second leading cause of cancer
deaths among American women.
(2) In 1999, 175,000 women will be diagnosed with breast
cancer, and more than 43,000 are expected to die from this
disease.
(3) The National Action Plan on Breast Cancer, a public
private partnership, has recognized the importance of
expanding the scope and breadth of biomedical,
epidemiological, and behavioral research activities related
to the etiology of breast cancer and the role of the
environment.
(4) To date, there has been only a limited research
investment to expand the scope or coordinate efforts across
disciplines or work with the community to study the role of
the environment in the development of breast cancer.
(5) In order to take full advantage of the tremendous
potential for avenues of prevention, the Federal investment
in the role of the environment and the development of breast
cancer should be expanded.
SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES;
AWARDS FOR DEVELOPMENT AND OPERATION OF
RESEARCH CENTERS REGARDING ENVIRONMENTAL
FACTORS RELATED TO BREAST CANCER.
Subpart 12 of part C of title IV of the Public Health
Service Act (42 U.S.C. 285l et seq.) is amended by adding at
the end the following section:
``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS
RELATED TO BREAST CANCER.
``(a) In General.--The Director of the Institute, after
consultation with the advisory council for the Institute,
shall make grants to public or nonprofit private entities for
the development and operation of not more than 8 centers for
the purpose of conducting multidisciplinary and multi-
institutional research on environmental factors that may be
related to the etiology of breast cancer. Each such center
shall be known as a Breast Cancer and Environmental Research
Center of Excellence.
``(b) Research, Training, and Information and Education.--
``(1) In general.--Each center under subsection (a) shall,
with respect to the purpose described in such subsection--
``(A) conduct basic epidemiologic, population-based and
clinical research outreach activities;
``(B) develop protocols and conduct for training, including
continuing education programs, of physicians, scientists,
nurses, and other health and allied health professionals; and
``(C) disseminate information to such professionals and the
public.
``(2) Stipends for training of health professionals.--A
center under subsection (a) may use funds under such
subsection to provide stipends for health and allied health
professionals enrolled in programs described in subparagraph
(B) of paragraph (1).
``(c) Collaboration With Community.--Each center under
subsection (a) shall establish and maintain ongoing
collaborations with community organizations in the geographic
area served by the center, including those that represent
women with breast cancer.
``(d) Coordination of Centers; Reports.--The Director of
the Institute shall, as appropriate, provide for the
coordination of information among centers under subsection
(a) and ensure regular communication between such centers,
and may require the periodic preparation of reports on the
activities of the centers and the submission of the reports
to the Director.
``(e) Required Consortium.--Each center under subsection
(a) shall be formed from a consortium of cooperating
institutions, meeting such requirements as may be prescribed
by the Director of the Institute.
``(f) Duration of Support.--Support of a center under
subsection (a) may be for a period not exceeding 5 years.
Such period may be extended for one or more additional
periods not exceeding 5 years if the operations of such
center have been reviewed by an appropriate technical and
scientific peer review group established by the Director of
the Institute and if such group has recommended to the
Director that such period should be extended.
``(g) Geographic Distribution of Centers.--The Director of
the Institute shall, to the extent practicable, provide for
an equitable geographical distribution of centers under this
section.
``(h) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $30,000,000 for each of the fiscal years 2001
through 2006. Such authorization is in addition to any other
authorization of appropriations that is available for such
purpose.''.
______
By Mr. ABRAHAM:
S. 2288. A bill to amend the Internal Revenue Code of 1986 and the
Social Security Act to repeal provisions relating to the State
enforcement of child support obligations and the disbursement of such
support and the require the Internal Revenue service to collect and
disburse such support through wage withholding and other means; to the
Committee on Finance.
the compassion for children and child support enforcement act of 1999
Mr. ABRAHAM. Mr. President, I rise today to introduce the Compassion
for Children and Child Support Enforcement Act. This important
legislation would ensure that children from single parent households
will have the financial support necessary for a healthy, happy and
secure childhood.
Mr. President, over one quarter of today's American children live in
a single-parent household. These children are more likely to live in
poverty than children living in homes where both parents are present.
Children growing up in a state of poverty suffer from far reaching,
long-term effects: inadequate education, lack of access to quality
health care and instability arising from lack of affordable housing
frequently leads to poorer health, lower earning potential and greater
instability as an adult.
Tragically, the financial hardship endured by many of these children
is avoidable--simply put, Mr. President, these children are suffering
because their absent parent has chosen to shirk his parental
obligations and refuse to provide his child with the financial support
he or she deserves and so desperately needs. According to the Federal
Office of Child Support in its preliminary report for 1998, over $50
billion in accumulated unpaid child support is due to over 30 million
children in the United States. This dismal statistic is due to the 23
percent collection rate in cases handled by overwhelmed state agencies.
Of the children living in a household with only one present parent,
40 percent are not eligible for child support because paternity has not
been established or a support order has not been issued by the courts.
Of the remaining 60 percent with established paternity and a support
order, only half actually receive any financial support from their
absent parent and more than half will not receive the full amount of
their support payments.
The Compassion for Children and Child Support Enforcement Act would
work to decrease the rate of delinquent child support payments and
increase the rate of paternity establishment.
Mr. President, the Department of the Treasury is in the unique
position to address problems arising from a lack of resources,
organization and communication which frequently arise in child support
cases involving two or more jurisdictions, by allowing the Internal
[[Page S1681]]
Revenue Service to collect child support in the same manner that taxes
are collected and then disburse the payments to the custodial parents
with penalties and interest if applicable. The IRS is already the most
effective means by which child support is collected under the entire
state/federal child support program nexus through its system of federal
tax intercepts.
By taking over responsibility of enforcing all child support orders
through routine withholding of support from obligated parents and the
use of the enforcement tools at its disposal to collect from delinquent
parents, the Department of Treasury would significantly reduce the
demands on State judicial resources now devoted to child support
enforcement. And, Mr. President, by reducing the drain on State
resources in the area of support enforcement, States would be able to
better focus on establishing paternity for the 40 percent of children
currently unable to even file for a support order due to lack of
recognized paternity.
Congress failed again and again to find a way to ensure that families
receive the child support that is owed to them by deadbeat parents.
Despite reforms in 1984, 1988, 1993 and most recently in 1996, there
have not been any significant improvements in the rate of child support
collections.
The Compassion for Children and Support Enforcement Act represents a
unique opportunity to pass effective and efficient child support
enforcement legislation which creates state /federal partnerships by
capitalizing on the strengths of the governments, agencies and networks
already in place. Chairman Hyde has already introduced this legislation
in the House of Representatives, where it enjoys the bipartisan support
of 21 cosponsors. It is my sincerest hope that my colleagues in the
Senate will follow the lead of the House and demonstrate their support
for ensuring that our children receive the financial support necessary
for them to grow into healthy and productive citizens.
______
By Mr. GRASSLEY:
S. 2289. A bill for the Relief of Jose Guadalupe Tellez Pinales; to
the Committee on the Judiciary.
private relief bill
Mr. GRASSLEY. Mr. President, today I am introducing a private relief
bill on behalf a constituent of mine, Jose Pinales.
His family and friends call him Lupe, and a private relief bill is
his only hope to avoid being separated from the people and the country
he loves. Lupe was brought to the United States sixteen years ago, when
he was two years old, by his uncle, Miguel Landeros. Mr. Landeros, now
a U.S. citizen, never formally adopted Lupe. Not until recently did
Lupe learn that he was not a U.S. citizen, when he tried to enlist in
the United States Marines, to serve what he believed was his country.
The United States is the only country Lupe knows. It's the country he
loves, and wishes to serve. Lupe grew up reciting the pledge of
allegiance to the United States along with the rest of the children in
his class at Jefferson Elementary School. He is now a Senior at Fort
Madison High School in Iowa, and works part-time as he prepares to
graduate this spring. This young man has almost completed a milestone
in his life and has a dream of joining the United States Marines upon
graduation. It wasn't until Lupe sought to fulfill this dream did he
learn that not only was he not a U.S. citizen, but he was in possible
danger of being forced to go to Mexico, a country where the people and
customs are foreign to him. He doesn't even speak the language.
Faced with Lupe's plight, the generous people of Fort Madison have
rallied together asking for our support in passing a private relief
bill for him. My office has been inundated with letters and petitions
from citizens imploring us to allow Lupe to fulfill his dream and serve
our great nation and not be forced to a country he doesn't know.
Lupe is a fine example of what an American citizen should be. His
love and respect for his country are to be admired and rewarded. So, I
ask you to join me and the citizens of Iowa, and allow Jose to serve
his country by supporting this legislation.
______
By Mr. GRASSLEY (for himself and Mr. Reid):
S. 2290. A bill to amend the Internal Revenue Code of 1986 to clarify
the definition of contribution in aid of construction; to the Committee
on Finance.
LEGISLATION TO CLARIFY THE TAX TREATMENT OF CONTRIBUTIONS IN AID OF
CONSTRUCTION
Mr. GRASSLEY. Mr. President, today I am introducing legislation on
behalf of myself and the senior Senator from Nevada, Mr. Reid, to
clarify that water and sewage service laterals are included in the
definition of contributions in aid of construction (CIAC). The bill
clarifies current law by specifically stating that ``customer service
fees'' are CIAC. It maintains current treatment of service charges for
stopping and starting service (not CIAC). Because this is a
clarification of current law, the effective date for the bill is as if
included in the original legislation, which is section 1613(a) of the
Small Business Job Protection Act of 1996.
The need for this legislation is brought about because the Department
of Treasury has issued proposed regulations to provide guidance on the
definition of CIAC. Despite the fact that Congress specifically removed
language concerning ``customer services fees'' in its amendment in
1996, the Department added the language back into the proposed
regulation specifying that such fees are not CIAC. They then defined
the term very broadly to include service laterals, which traditionally
and under the most common state law treatment would be considered CIAC.
The Senator from Nevada and I, along with many of our colleagues here
in this chamber, worked hard over the course of a number of years to
restore the pre-1986 Act tax treatment for water and sewage CIAC. In
1996, we succeeded in passing our legislation. It was identical to pre-
1986 law with three exceptions. Two of the changes were made in
response to a Treasury Department request. The third removed the
language dealing with ``service connection fees'' primarily because of
potential confusion resulting from the ambiguity of the term. The
sponsors of the legislation were concerned that the IRS would use this
ambiguity to exclude a portion of what the state regulators consider
CIAC.
As part of our efforts, we developed a revenue raiser in cooperation
with the industry to make up any revenue loss due to our legislation,
including the three changes. This revenue raiser extended the life, and
changed the method, for depreciating water utility property from 20
year accelerated to 25-year straight-line depreciation. As a
consequence of this sacrifice by the industry, our CIAC change made a
net $274 million contribution toward deficit reduction.
It is my belief that the final revenue estimate done by the Joint
Committee on Taxation on the restoration of CIAC included all property
treated as CIAC by the industry regulators including specifically
service laterals. In an October 11, 1995 letter to me, the Joint
Committee on Taxation provided revenue estimates for the CIAC
legislation. A footnote in this letter states, ``These estimates have
been revisited to reflect more recent data.'' The industry had only
recently supplied the committee with comprehensive data, which
reflected total CIAC in the industry including service laterals.
I urge my fellow Senators to join with us in supporting this
clarification of current law.
______
By Mr. DASCHLE:
S. 2291. A bill to provide assistance for efforts to improve
conservation of, recreation in, erosion control of, and maintenance of
fish and wildlife habitat of the Missouri River in the State of South
Dakota, and for other purposes; to the Committee on Environment and
Public Works.
the missouri river restoration act of 2000
Mr. DASCHLE. Mr. President, the Missouri River is one of our nation's
greatest natural resources. Millions of visitors travel to the river
each year to hunt, camp and fish. Millions more Americans rely on the
Missouri's federal dams for affordable electricity. And, tens of
thousands of South Dakotans depend upon the river as their only source
of clean drinking water.
The river is rich in history. For thousands of years, Native
Americans have lived along the river, and countless sites of deep
spiritual and cultural importance to tribes line its shores. The river
was also part of the route used by Lewis and Clark as they explored our
nation. As we approach the bicentennial of that journey, it is expected
that
[[Page S1682]]
millions of Americans will visit the Missouri River to retrace their
steps.
Because the river is so important to the economy of our nation and to
its heritage, it is critical that we meet head-on the growing array of
challenges that it is facing. That is why I am introducing the Missouri
River Restoration Act of 2000. This legislation will provide critically
needed resources to ensure that future generations will continue to
benefit from the river as we do today.
I am deeply concerned by the dramatic changes that we have witnessed
since the construction of four federal dams on the river in South
Dakota decades ago. These dams, which have prevented billions of
dollars of flood-related damage downstream to cities like St. Louis,
have altered the natural flow of the river. Sediment that used to be
carried downstream, giving the river its nickname of ``Big Muddy,'' is
now being deposited in South Dakota's reservoirs, Lake Oahe, Lake
Sharpe, Lake Francis Case and Lewis and Clark Lake.
The siltation of the river is having a dramatic impact. In the cities
of Pierre and Ft. Pierre, it has raised the water table and flooded
shoreline homes. Already, Congress has had to authorize a $35 million
project to relocate hundreds of affected families, and the Corps of
Engineers has been forced to curtail the generation of electricity at
Oahe dam in the wintertime to prevent additional flooding. In the town
of Springfield, the economy has suffered a decline in tourism because
few boaters can navigate the tons of silt that have clogged the river.
The problem will only grow more serious in the future. Each year, the
river's tributaries deliver more than 40 million tons of sediment to
the reservoirs. It is estimated that in less than 75 years, Lewis and
Clark lake--the smallest of the reservoirs--will fill with sediment
completely. The lake, and the development and recreation the lake has
created for cities like Springfield and Yankton, will disappear
altogether.
The economic impact of these changes on South Dakota would be very
serious. Currently, visitors to counties bordering the Missouri River
spend over $85 million each year. Anglers spend over $200 million in
the state, and support more than 5,400 jobs. The loss of the Missouri's
fisheries to sedimentation and the decline in the number of visitors to
the river would have grave economic consequences. Furthermore,
limitations imposed on electrical generation and flood control caused
by sedimentation will have a dramatic impact in states throughout our
region, as electricity prices and damages from flooding increase.
In addition to the problems caused by the siltation of the river, the
river has faced a growing amount of erosion. While erosion is natural
on all rivers, its pace has picked up on the Missouri due to the
operation of the dams. Erosion has destroyed thousands of acres of
farmland and is a serious threat to irreplaceable sites of spiritual
importance to Indian tribes. Thousands of sites, ranging from burial
grounds to campsites, are found up and down the Missouri River in South
Dakota. It is unacceptable to let them wash away into the river. We
must respect all those who came before us, and preserve this part of
our nation's heritage.
Last January, Governor Bill Janklow, Lower Brule Sioux Tribe Chairman
Mike Jandreau and I hosted a Missouri River Summit in the city of
Springfield to bring together the best minds in the state to find a
solution to these pressing problems. Over 400 South Dakotans attended
this meeting and provided their thoughts and ideas. Virtually all those
in attendance agreed that there is a critical need for more resources
to improve conservation, to stop erosion and to help communities better
utilize the river. The Missouri River Restoration Act of 2000 will help
us to meet these goals as soon as possible.
This legislation, which I have developed in consultation with
Governor Janklow of South Dakota, Chairman Jandreau and other state
leaders, would establish a $200 million federal trust fund to provide
the resources necessary to address the critical needs of the Missouri
River watershed. Of these funds, 30 percent would be set aside for
projects in Indian reservations or administered by Indian tribes.
Trust fund revenues would be administered by a 25-member ``Missouri
River Trust'' composed of all the river's major stakeholders. Each of
South Dakota's nine Indian tribes would appoint one member, as would
the Three Affiliated Tribes of North Dakota. The remainder would be
appointed by the Governor, and must equally represent environmental,
agricultural, hydropower and other river interests. In consultation
with appropriate federal agencies, the Trust must develop a plan for
the use of trust fund revenues that will reduce the siltation of the
river by improving conservation in fragile riparian lands, better
protect Indian cultural and historical sites, reduce erosion and
improve our ability to recreate on the river. It will also be
responsible for reviewing grant proposals to meet these goals.
Funding decisions would be made by a 5-member Executive Committee. To
ensure that its decisions are balanced and represent the best interests
of the state, the Executive Committee must be composed of members
representing tribal, hydropower, agricultural, environmental and state
government interests.
By establishing a trust fund and administrating board that
effectively represents all stakeholders, we can provide South Dakota
with the tools it needs to preserve the Missouri River for generations
to come. I hope my colleagues will give this important legislation
their support.
I ask unanimous consent that an editorial from the Sioux Falls Argus
Leader be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Missouri River trust fund is worthy idea
Good management is vitally important to state's economy
Nothing has chiseled South Dakota's personality and
tailored its economy quite like the Missouri River. Though,
it geographically divides the state into East River and West
River, it is the lifeblood that unites the state as one.
The powerful waters of the Missouri River, which once
determined survival for early settlers, are central today to
the state's economic well-being and its quality of life.
Growing communities like Sioux Falls--and smaller towns
like Pipestone, Minn.--look to the river as a future water
source to sustain residential and industrial growth.
Yet, riverside landowners have seen acres of their property
swept away by the unruly river while others watch tons of
silt clog the channel, increasing lowland flooding and
killing recreational opportunities.
The millions of tons of silt that accumulate in the river
also have negatively affected wildlife and recreation.
Properly managed, its waters can nurture the environment,
enhance recreation and tourism opportunities and support
growing communities.
However, the practices that controlled the Missouri River
in past decades do not necessarily well serve state residents
today. With the dawn of the 21st century, it's time to
rethink and revamp policies established in the 1940s and
'50s.
The U.S. Army Corps of Engineers has begun tweaking
longstanding practices to improve habitat for fish and birds
along North America's largest reservoir system. It also has
developed a plan to address the sediment buildup near Pierre
and Fort Pierre.
It is unacceptable, however, to allow the problems to be
addressed in a piecemeal fashion. The reasons are clear.
Consider:
Visitors spent an estimated $85.2 million in 1998 on
lodging, food and beverage in countries along the Missouri
River.
In 1996, anglers on South Dakota waterway spent $206.4
million in the state, generated more than $8 million in state
sales taxes, and supported more than 5,400 jobs.
Last year, 1.6 million people visited recreation areas
along the Missouri River to hike, hunt, fish and participate
in water sports.
More than 300,000 South Dakotans will ultimately receive
clean and safe drinking water from the Missouri River through
the Mid-Dakota, Mni Wiconi, WEB and proposed Lewis and Clark
water systems.
The four hydroelectric dams of the Missouri River provide
cheap, clean hydroelectric power to about 3.5 million people
in the Missouri River Basin. Rural customers benefit the most
from this low-cost power supply.
If something isn't done soon, tourism, recreation and
hydropower generation will be hobbled. Homeowners and
businesses will be hurt.
To this end, we support Tom Daschle, D-S.D., who is
pressing federal legislation to create a ``Missouri River
Trust Fund'' to protect and enhance the river. The fund would
support efforts to reverse the sediment build-up and short
erosion that have taken place on the river since construction
of federal dams in the 1960s. It also would pay for
improvements in recreation, conservation and the protection
of cultural sites. It would also extend the ability of the
dams to generate affordable electricity for the region.
[[Page S1683]]
A trust fund would ensure that a steady source of revenue
would be available to address the problems for years to come.
Daschle is rallying support of federal, state, local and
tribal leaders and wants to secure the first installment this
year.
The sooner the better.
____________________