[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.

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       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.

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