[Congressional Record Volume 146, Number 92 (Monday, July 17, 2000)]
[Senate]
[Pages S7079-S7081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2001

                                 ______
                                 

               BRYAN (AND FITZGERALD) AMENDMENT NO. 3883

  Mr. BRYAN (for himself and Mr. Fitzgerald) proposed an amendment to 
the bill (H.R. 4578) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
2001, and for other purposes; as follows:

       On page 164, line 19, strike ``$1,233,824,000,'' and insert 
     ``$1,203,824,000,''.
       On page 164, line 23, strike ``(16 U.S.C. 460l6a(i)):'' and 
     insert ``(16 U.S.C. 460l6a(i)), of which $220,844,000'' shall 
     be available for forest products:''.
       On page 165, beginning on line 6, strike ``Provided'' and 
     all that follows through ``accomplishment:'' on lines 11 and 
     12.
       On page 165, line 25, strike ``$618,500,000, to remain 
     available until expended:'' and insert ``$633,500,000, to 
     remain available until expended, of which $419,593,000 shall 
     be available for preparedness and fire use functions:''.
                                 ______
                                 

                       NICKLES AMENDMENT NO. 3884

  Mr. NICKLES proposed an amendment to the bill, H.R. 4578, supra; as 
follows:

       At the appropriate place, add the following:

     SEC.   . FUNDING FOR NATIONAL MONUMENTS.

       Notwithstanding any other provision of law, no funds shall 
     be used to establish or expand a national monument under the 
     Act of June 8, 1906 (16 U.S.C. 431 et seq.) after July 17, 
     2000, except by Act of Congress.
                                 ______
                                 

                        BOXER AMENDMENT NO. 3885

  (Ordered to lie on the table.)
  Mr. REID (for Mrs. Boxer) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       At the appropriate place insert the following:
       None of the funds appropriated under this Act may be used 
     for the preventive application of a pesticide containing a 
     known or probable carcinogen, a category I or II acute nerve 
     toxin or a pesticide of the organophospate, carbamate, or 
     organo- chlorine class as identified by the Environmental 
     Protection Agency in National Parks in any area where 
     children may be present.
                                 ______
                                 

                        BOND AMENDMENT NO. 3886

  Mr. GORTON (for Mr. Bond) proposed an amendment to the amendment 
proposed by Mrs. Boxer to the bill, H.R. 4578, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. PROHIBITION ON USE OF FUNDS FOR APPLICATION OF 
                   UNAPPROVED PESTICIDES IN CERTAIN AREAS THAT MAY 
                   BE USED BY CHILDREN.

       (a) Definition of Pesticide.--In this section, the term 
     ``pesticide'' has the meaning given the term in section 2 of 
     the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136).
       (b) Prohibition on Use of Funds.--None of the funds 
     appropriated under this Act may be used for the application 
     of a pesticide that is not approved for use by the 
     Environmental Protection Agency in any area owned or managed 
     by the Department of the Interior that may be used by 
     children, including any national park.
       (c) Coordination.--The Secretary of the Interior shall 
     coordinate with the Administrator of the Environmental 
     Protection Agency to ensure that the methods of pest control 
     used by the Department of the Interior do not lead to 
     unacceptable exposure of children to pesticides.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3887

  Mr. REID (for Mr. Bingaman) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 163, after line 23, add the following:
       Sec.   . (a) Findings.--The Senate makes the following 
     findings:
       (1) in 1990, pursuant to the Indian Self Determination and 
     Education Assistance Act (ISDEA), 25 U.S.C. et seq., a class 
     action lawsuit was filed by Indian tribal contractors and 
     tribal consortia against the United States, the Secretary of 
     the Interior and others seeking redress for failure to fully 
     pay for indirect contract support costs (Ramah Navajo Chapter 
     v. Babbitt, 112 F.3d 1455 (10th Cir. 1997));
       (2) the parties negotiated a partial settlement of the 
     claim totaling $76,200,000 which was approved by the court on 
     May 14, 1999;
       (3) the partial settlement was paid by the United States on 
     September 14, 1999, in the amount of $82,000,000;
       (4) the Judgment Fund, 31 U.S.C. 1304, was established to 
     pay for legal judgments awarded to plaintiffs who have filed 
     suit against the United States;
       (5) the Contract Disputes Act of 1978 requires that the 
     Judgment Fund be reimbursed by the responsible agency 
     following the payment of an award from the Fund;
       (6) because the potential exists that Indian program funds 
     in the Bureau of Indian Affairs (BIA) and the Indian Health 
     Service (IHS) would be used in Fiscal Year 2001 to reimburse 
     the Judgment Fund, resulting in significant financial and 
     administrative disruptions in the BIA, the IHS, and the 
     Indian tribes who rely on such funds.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Secretary of the Interior and the Secretary of the 
     Department of Health and Human Services should declare Indian 
     program funds unavailable for purposes of reimbursing the 
     judgment fund; and
       (2) if the Secretary of the Interior and the Secretary of 
     the Department of Health and Human Services determines that 
     there are no other available funds, the agencies through the 
     Administration should seek an appropriation of funds from 
     Congress to provide for reimbursement of the judgment fund.
                                 ______
                                 

         MARRIAGE TAX PENALTY RELIEF RECONCILIATION ACT OF 2000

                                 ______
                                 

                      LANDRIEU AMENDMENT NO. 3888

  Ms. LANDRIEU proposed an amendment to the bill (H.R. 4810) to provide 
for reconciliation pursuant to section 103(a)(1) of the concurrent 
resolution on the budget for fiscal year 2001; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXPANSION OF ADOPTION CREDIT.

       (a) Special Needs Adoption.--
       (1) Credit amount.--Paragraph (1) of section 23(a) of the 
     Internal Revenue Code of 1986 (relating to allowance of 
     credit) is amended to read as follows:
       ``(1) In general.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter--
       ``(A) in the case of a special needs adoption, $10,000, or
       ``(B) in the case of any other adoption, the amount of the 
     qualified adoption expenses paid or incurred by the 
     taxpayer.''.
       (2) Year credit allowed.--Section 23(a)(2) of such Code 
     (relating to year credit allowed) is amended by adding at the 
     end the following new flush sentence:
     ``In the case of a special needs adoption, the credit allowed 
     under paragraph (1) shall be allowed for the taxable year in 
     which the adoption becomes final.''.
       (3) Dollar limitation.--Section 23(b)(1) of such Code is 
     amended--
       (A) by striking ``subsection (a)'' and inserting 
     ``subsection (a)(1)(B)'', and
       (B) by striking ``($6,000, in the case of a child with 
     special needs)''.
       (4) Definition of special needs adoption.--Section 23(d) of 
     such Code (relating to definitions) is amended by adding at 
     the end the following new paragraph:
       ``(4) Special needs adoption.--The term `special needs 
     adoption' means the final adoption of an individual during 
     the taxable year who is an eligible child and who is a child 
     with special needs.''.
       (5) Definition of child with special needs.--Section 
     23(d)(3) of such Code (defining child with special needs) is 
     amended to read as follows:
       ``(3) Child with special needs.--The term `child with 
     special needs' means any child if a State has determined that 
     the child's ethnic background, age, membership in a minority 
     or sibling groups, medical condition or physical impairment, 
     or emotional handicap makes some form of adoption assistance 
     necessary.''.
       (b) Increase in Income Limitations.--Section 23(b)(2) of 
     the Internal Revenue Code of 1986 (relating to income 
     limitation) is amended --
       (1) in subparagraph (A)--
       (A) by striking ``$75,000'' and inserting ``$63,550 
     ($105,950 in the case of a joint return)'', and
       (B) by striking ``$40,000'' and inserting ``the applicable 
     amount'', and
       (2) by adding at the end the following new subparagraph:
       ``(C) Applicable amount.--For purposes of subparagraph (A), 
     the applicable amount, with respect to any taxpayer, for the 
     taxable year shall be an amount equal to the excess of--
       ``(i) the maximum taxable income amount for the 31 percent 
     bracket under the table contained in section 1 relating to 
     such taxpayer and in effect for the taxable year, over
       ``(ii) the dollar amount in effect with respect to the 
     taxpayer for the taxable year under subparagraph (A)(i).
       ``(D) Cost-of-living adjustment.--
       ``(i) In general.--In the case of a taxable year beginning 
     after 2001, each dollar amount under subparagraph (A)(i) 
     shall be increased by an amount equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f )(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2000'

[[Page S7080]]

     for `calendar year 1992' in subparagraph (B) thereof.

       ``(ii) Rounding rules.--If any amount after adjustment 
     under clause (i) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.''.
       (c) Adoption Credit Made Permanent.--Subclauses (A) and (B) 
     of section 23(d)(2) of the Internal Revenue Code of 1986 
     (defining eligible child) are amended to read as follows:
       ``(A) who has not attained age 18, or
       ``(B) who is physically or mentally incapable of caring for 
     himself.''.
       (d) Conforming Amendments.--
       (1) Section 23(a)(2) of the Internal Revenue Code of 1986 
     is amended by striking ``(1)'' and inserting ``(1)(B)''.
       (2) Section 23(b)(3) of such Code is amended by striking 
     ``(a)'' each place it appears and inserting ``(a)(1)(B)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.
                                 ______
                                 

                      ASHCROFT AMENDMENT NO. 3889

  Mr. ROTH (for Mr. Ashcroft) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 164, line 23, strike ``6a(i):'' and insert ``6a(i), 
     of which not less than an additional $500,000 shall be 
     available for use for law enforcement purposes in the 
     national forest that, during fiscal year 2000, had both the 
     greatest number of methamphetamine dumps and the greatest 
     number of methamphetamine laboratory law enforcement actions 
     in the national forest system:
                                 ______
                                 

                HATCH (AND BINGAMAN) AMENDMENT NO. 3890

  Mr. ROTH (for Mr. Hatch (for himself and Mr. Bingaman)) proposed an 
amendment to the bill, H.R. 4578, supra; as follows:

       On page 126, line 2, before the period, insert the 
     following: ``, and of which $2,250,000 shall be used to 
     construct and maintain the Four Corners Interpretive Center 
     authorized by Public Law 106-143''.
                                 ______
                                 

                        ROTH AMENDMENT NO. 3891

  Mr. ROTH proposed an amendment to the bill, H.R. 4578, supra; as 
follows:

       On page 125, line 25, strike ``58,209,000,'' and insert the 
     following: ``63,249,000, of which $1,000,000 shall be for the 
     Lewes Maritime Historic Park,''.
                                 ______
                                 

                   SESSIONS AMENDMENTS NOS 3892-3893

  Mr. ROTH (for Mr. Sessions) proposed two amendments to the amendments 
to the bill, H.R. 4578, supra; as follows:

                           Amendment No. 3892

       On page 125, line 25, before ``of which'' insert the 
     following: ``of which $1,000,000 shall be available to carry 
     out exhibitions at and acquire interior furnishings for the 
     Rosa Parks Library and Museum, Alabama, and''.
                                  ____


                           Amendment No. 3893

       On page 122, line 9, before the period, insert the 
     following: ``, of which $1,000,000 shall be used for 
     acquisition of land around the Bon Secour National Wildlife 
     Refuge, Alabama and of which not more than $6,500,000 shall 
     be used for acquisition management.''
                                 ______
                                 

            LANDRIEU (AND BREAUX) AMENDMENTS NOS. 3894-3895

  Mr. ROTH (for Ms. Landrieu (for herself and Mr. Breaux)) proposed two 
amendments to the bill, H.R. 4578, supra: as follows:

                           Amendment No. 3894

       On page 125, line 25, after $58,209,000,'' insert ``of 
     which not less than $500,000 shall be used to develop a 
     preservation plan for the Cane River National Heritage Area, 
     Louisiana, and''.
                                  ____


                           Amendment No. 3895

       On page 126, line 2, before the period at the end, insert 
     ``, and of which $250,000 shall be available to the National 
     Center for Preservation Technology and Training for the 
     development of a model for heritage education through 
     distance learning''.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3896

  Mr. ROTH (for Mrs. Feinstein) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 165, at the end of line 25 colon, insert: ``of 
     which not less than $2,400,000 shall be made available for 
     fuels reduction activities at Sequoia National Monument.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 3897

  Mr. ROTH (for Mr. L. Chafee) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 215, line 24, strike ``or'' and insert ``and'', and 
     on page 216, line 1, strike ``at'' and insert ``of''.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 3898

  Mr. ROTH (for Mr. Murkowski) proposed an amendment to the bill, H.R. 
4578, surpa; as follows:

       ``Sec.  . Of the funds appropriated in Title I of this Act, 
     The Secretary shall provide $300,000 in the form of a grant 
     to the Alaska Pacific University's Institute of the North for 
     the development of a curriculum on the Alaska National 
     Interest Lands Conservation Act (ANILCA). At a minimum this 
     ANILCA curriculum should contain components which explain the 
     law, its legislative history, the subsequent amendments, and 
     the principal case studies on issues that have risen during 
     20 years of implementation of the Act; examine challenges 
     faced by conservation system managers in implementing the 
     Act; and link ANILCA to other significant land and resource 
     laws governing Alaska's lands and resources. In addition, 
     within the funds provided, Alaska Pacific University's 
     Institute of the North shall gather the oral histories of key 
     Members of Congress in 1980 and before to demonstrate the 
     intent of Congress in fashioning ANILCA, as well as members 
     of President Carter's and Alaska Governor Hammond's 
     Administrations, Congressional staff and stakeholders who 
     were involved in the creation of the Act.''
                                 ______
                                 

                        SNOWE AMENDMENT NO. 3899

  Mr. ROTH (for Ms. Snowe) proposed an amendment to the bill H.R. 4578, 
supra; as follows:

       On page 125, line 25, after ``$58,209,000'', insert ``, of 
     which not less than $730,000 shall be available for use by 
     the Roosevelt Campobello International Park Commission, 
     and''.
                                 ______
                                 

                        REID AMENDMENT NO. 3900

  Mr. ROTH (for Mr. Reid) proposed an amendment to the bill, H.R. 4578, 
supra; as follows:

       At the end of title I, add the following:

     ``SEC.  . CLARIFICATION OF TERMS OF CONVEYANCE TO NYE COUNTY, 
                   NEVADA.

       ``Section 132 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2000 (113 Stat. 1535, 1501A-
     165), is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Conveyance.--
       ``(A) In general.--The Secretary shall convey to the 
     County, subject to valid existing rights, all right, title, 
     and interest in and to the parcels of public land described 
     in paragraph (2).
       ``(B) Price.--The conveyance under paragraph (1) shall be 
     made at a price determined to be appropriate for the 
     conveyance of land for educational facilities under the Act 
     of June 14, 1926 (commonly known as the ``Recreation and 
     Public Purposes Act'') (43 U.S.C. 869 et seq.).''.
                                 ______
                                 

                   EDWARDS AMENDMENTS NOS. 3901-3902

  Mr. ROTH (for Mr. Edwards) proposed two amendments to the bill, H.R. 
4578, supra; as follows:

                           Amendment No. 3901

       On page 164, line 23 of the bill, immediately preceding the 
     ``:'' insert ``and of which not less than an additional 
     $500,000 shall be available for law enforcement purposes on 
     the Pisgah and Nantahala national forests''.
                                  ____


                           Amendment No. 3902

       Intended to be proposed by Mr. Edwards On page 130, add the 
     following after line 24:
       ``For an additional amount for ``Surveys, Investigations, 
     and Research'', $1,800,000, to remain available until 
     expended, to repair or replace stream monitoring equipment 
     and associated facilities damaged by natural disasters: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.''
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3903

  Mr. ROTH (for Mr. Torricelli) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 164, line 14, before the period at the end insert 
     ``, of which not less than $750,000 shall be available to 
     complete an updated study of the New York-New Jersey 
     highlands under section 1244(b) of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (104 Stat. 3547)''.
                                 ______
                                 

                 FEINGOLD (AND KOHL) AMENDMENT NO. 3904

  Mr. ROTH (for Mr. Feingold (for himself and Mr. Kohl)) proposed an 
amendment to the bill, H.R. 4578, supra; as follows:

       On page 125, line 11, strike ``$1,443,795,000,'' and insert 
     the following: ``$1,443,995,000, of which $200,000 shall be 
     available for the conduct of a wilderness suitability study 
     at Apostle Islands National Lakeshore, Wisconsin, and''.
                                 ______
                                 

                 KERREY (AND HAGEL) AMENDMENT NO. 3905

  Mr. ROTH (for Mr. Kerrey (for himself and Mr. Hagel)) proposed an 
amendment to the bill, H.R. 4578, supra; as follows:

       On page 126, line 22, before the period at the end, insert 
     ``: Provided further, That not

[[Page S7081]]

     less than $2,350,000 shall be used for construction at Ponca 
     State Park, Nebraska, including $1,500,000 to be used for the 
     design and construction of educational and informational 
     displays for the Missouri Recreation Rivers Research and 
     Education Center, Nebraska''.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 3906

  Mr. ROTH (for Mr. Durbin) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 159, strike lines 13 through 19 and insert the 
     following:
       ``Sec. 119. None of the funds in this Act may be used to 
     establish a new National Wildlife Refuge in the Kankakee 
     River basin unless a plan for such a refuge is consistent 
     with a partnership agreement between the Fish and Wildlife 
     Service and the Army Corps of Engineers entered into on April 
     16, 1999 and is submitted to the House and Senate Committees 
     on Appropriations thirty (30) days prior to the establishment 
     of the refuge.''
                                 ______
                                 

                        CRAPO AMENDMENT NO. 3907

  Mr. ROTH (for Mr. Crapo) proposed an amendment to the bill, H.R. 
4578, supra; as follows:

       On page 225, between lines 11 and 12, insert the following:

     SEC. 3____. BACKCOUNTRY LANDING STRIP ACCESS.

       (a) In General.--None of the funds made available by this 
     Act shall be used to take any action to close permanently an 
     aircraft landing strip described in subsection (b).
       (b) Aircraft Landing Strips.--An aircraft landing strip 
     referred to in subsection (a) is a landing strip on Federal 
     land administered by the Secretary of the Interior or the 
     Secretary of Agriculture that is commonly known and has been 
     or is consistently used for aircraft landing and departure 
     activities.
       (c) Permanent Closure.--For the purposes of subsection (a), 
     an aircraft landing strip shall be considered to be closed 
     permanently if the intended duration of the closure is more 
     than 180 days in any calendar year.
                                 ______
                                 
      GORTON (AND BYRD) AMENDMENT NO. 3908
  Mr. ROTH (for Mr. Gorton (for himself and Mr. Byrd)) proposed an 
amendment to the bill, H.R. 4578, supra; as follow:

       On page 130, line 4, strike ``$847,596,000'' and insert 
     ``$846,596,000'';
       On page 165, line 25, strike ``$618,500,000'' and insert 
     ``$613,500,000'';
       On page 164, line 19, strike ``$1,233,824,000'' and insert 
     ``$1,231,824,000''.
                                 ______
                                 

              LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2001

                                 ______
                                 

                        BOXER AMENDMENT NO. 3909

  Mrs. BOXER proposed an amendment to the bill (H.R. 4516) making 
appropriations for the Legislative Branch for the fiscal year ending 
September 30, 2001, and for other purposes; as follows:

       At the appropriate place, insert the following:
       ``None of the funds appropriated under this Act may be used 
     for the preventative application of a pesticide containing a 
     known or probable carcinogen, a category I or II acute nerve 
     toxin or a pesticide of the organophosphate, carbamate, or 
     organochlorine class as determined by the U.S. Environmental 
     Protection Agency to U.S. Capitol buildings or grounds 
     maintained or administered by the Architect of the U.S. 
     Capitol.''

                          ____________________