[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[Issue]
[Pages 20847-21221]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 20847]]




             CONGRESSIONAL RECORD 

                United States
                 of America

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



October 5, 2000
                                                         October 5, 2000





                    SENATE--Thursday, October 5, 2000

             (Legislative day of Friday, September 22, 2000)
  The Senate met at 9:30 a.m., on the expiration of the recess, and was 
called to order by the President pro tempore (Mr. Thurmond).
  The PRESIDENT pro tempore. Today's prayer will be offered by our 
guest Chaplain, Rev. Claude Pomerleau, CSC, University of Portland, 
Oregon.
                                 ______
                                 

                                 prayer

  The guest Chaplain, Rev. Claude Pomerleau, offered the following 
prayer:
  Let us pray:
  Lord and Master of the universe, we dare to name You Mother and 
Father because You are the Source of all that we are, all that we have, 
and all that we do. You have also sent us Your Spirit, and so we call 
ourselves Your children. We know that You love us, and that this gift 
goes beyond our greatest expectations.
  O God, bless all the Members of the Senate, this day and always. May 
they act in accordance with Your Spirit as they serve this Nation and 
work for a more peaceful and secure world. May they be just and 
compassionate in their work as You are just and compassionate with Your 
creation, and may they be a sign of Your presence for this Nation and 
the world.
  We pray that we may always be instruments of Your peace, even in the 
midst of unresolved problems and constant human conflicts. And, as a 
result, may we strive to be a mosaic of Your renewing presence in this 
world, through which we have a brief but glorious passage. Amen.

                          ____________________



                          PLEDGE OF ALLEGIANCE

  The Honorable Mike Crapo, a Senator from the State of Idaho, led the 
Pledge of Allegiance, as follows:

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

                          ____________________



               RECOGNITION OF THE ACTING MAJORITY LEADER

  The PRESIDING OFFICER (Mr. Crapo.) The Senator from Alaska is 
recognized.

                          ____________________



                                SCHEDULE

  Mr. MURKOWSKI. Mr. President, on behalf of the leader, I have been 
asked to announce today that the Senate will resume consideration of 
H.J. Res. 110, the continuing resolution. Under the order, the time 
until 10 a.m. will be equally divided with a vote scheduled to occur at 
10 a.m. Following the vote, the Senate is expected to resume debate on 
the conference report to accompany H.R. 4578, the Interior 
appropriations bill. Cloture was filed on the conference report and it 
is hoped an agreement can be reached to have the cloture vote during 
today's session. The Senate may also begin consideration of any other 
conference reports available for action. I thank my colleagues for 
their attention.
  Mr. President, I understand the Senator from Vermont would like to 
make a very special introduction. It will be my intention then to 
speak, and take the time of Senator Stevens, leaving him about 5 
minutes remaining on our side.
  Mr. REID. Mr. President, I didn't understand. Is that a unanimous 
consent request for something?
  The PRESIDING OFFICER. No unanimous consent request was made.
  The Senator from Vermont.

                          ____________________



                           THE GUEST CHAPLAIN

  Mr. LEAHY. Mr. President, I thank my friend from Alaska for his usual 
courtesies. I will take time on our side briefly.
  I thank the Senate Chaplain, Dr. Ogilvie, for his courtesy in 
inviting today's visiting Chaplain, Father Claude Pomerleau. Father 
Pomerleau is very special to me; he is my brother-in-law. He is the 
chairman of the department of history and political science at the 
University of Portland. He has a distinguished career, a doctorate from 
the University of Denver, where actually one of his lead professors was 
Dr. Madeleine Albright's father. He speaks many, many languages. He is 
seen as a leading authority on Latin America. He teaches in Chile as 
well as at the University of Portland--in fact, he just came back from 
there.
  I could go through all these things about him, but from a personal 
point of view he is very special to me. His sister, Marcelle, and I 
have been married now for 38 years, and he was present when we were 
married, as were his brother Rene and his father and mother, Phil and 
Cecile Pomerleau. Phil and Cecile are no longer with us, but I have a 
feeling they look down in pride at their son this morning, as we all 
do. He is a teacher, he is a mentor, a brother, a son, a beloved 
uncle--in our family he has been all of those and more.
  He has been a very dear friend to me. I think of what Edward Everett 
Hale, a former distinguished Senate Chaplain, once said. He was asked:

       Do you pray for the Senators, Dr. Hale?

  And he said:

       No, I look at the Senators and I pray for the country.

  I am privileged to have a brother who not only prays for the country, 
but prays for this Senator. I consider it, in my 26 years here, one of 
the rarest privileges I have had to be able to see him on the floor.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. REID. Will the Senator yield for a comment about Senator Leahy?
  The PRESIDING OFFICER. Does the Senator yield?
  Mr. MURKOWSKI. I yield.
  Mr. REID. Mr. President, before Senator Leahy and his brother-in-law 
leave, I want the good Father to know how much the Senate cares about 
you and Marcelle. You have expressed so well your feelings about your 
brother-in-law, but we want you to know how much the entire Senate on 
both sides of the aisle respects Senator Leahy and your lovely sister.

                          ____________________



   MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2001--Resumed

  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A joint resolution (H.J. Res. 110) making further 
     continuing appropriations for the fiscal year 2001, and for 
     other purposes.

  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, what is the time circumstance on this 
bill?
  The PRESIDING OFFICER. There are 12 minutes a side. The time is 
evenly divided.
  Mr. STEVENS. I yield the 12 minutes on this side to the Senator from 
Alaska.
  The PRESIDING OFFICER. The Senator from Alaska.

                          ____________________


[[Page 20848]]

                             ENERGY POLICY

  Mr. MURKOWSKI. Mr. President, I think it is important to note the 
situation escalating in the Mideast as a consequence of the tensions. 
It is unfortunate it would be at a time when we had hoped there would 
be an effort to get a


firm peace agreement. As a consequence of that, I think it is important 
to bring to the attention of my colleagues a reality relative to the 
release of the Strategic Petroleum Reserve at the recommendation of 
Vice President Gore to our President.
  As you know, the President did release 30 million barrels of the 
Strategic Petroleum Reserve. This was the largest single release of 
crude oil from SPR in the 25-year history of the reserve. The 
administration has claimed this has been a successful effort because 
the price of oil has dropped. Notwithstanding that, using SPR to 
manipulate prices is contrary to the law because we have not 
reauthorized SPR, and of course the success of this is determined in 
the long term, not the short term.
  But I wish to bring to the attention of each and every Member some 
facts. Since the President made his announcement, there has been no new 
heating oil placed into the market and no measurable rise in 
inventories. It may surprise some of you, particularly those in the 
Northeast, to know that American consumers may, under the current 
arrangement, never see any of the product refined from the crude oil 
that we released from our Strategic Petroleum Reserve. Let me explain 
why because this is important.
  In the arrangement, there was absolutely no requirement that those 
who successfully bid on crude oil from the Strategic Petroleum Reserve 
needed to refine it into heating oil. They may decide to make gasoline 
or some other product.
  Second, there is absolutely nothing that prevents this product from 
being shipped to foreign markets, either in its crude form or as a 
refined product such as heating oil.
  Guess what. That is just what is happening. We are shipping heating 
oil to Europe. Look at the Wall Street Journal this morning. Let me 
quote:

       Europe's market for heating oil is 50 percent bigger than 
     the U.S. heating oil market. Europe's stocks are even tighter 
     and prices there are a few cents a gallon higher, so U.S. 
     refiners have renewed incentive to ship heating oil across 
     the Atlantic. . . . U.S. exports of heating oil to Europe 
     have ballooned nearly six times, in the first 7 months of 
     this year. . . .

  That tells the story of the arrangement that the administration made 
to take the oil out of SPR and increase our heating oil supply. What 
has happened with it is it is going to Europe. I am not surprised by 
this, in the sense of the market going to the highest price where it 
can generate a return. But I am astonished about the claim of the 
administration and those who support the movement of SPR, and the 
release, that it was done because of concerns over supply for the 
benefit of the American consumer. The American consumer has not 
benefited. This is a spin being put on by the pundits.
  I asked the Secretary of Energy pointblank at a hearing last week:

       Is it possible as a result of oil being released from SPR 
     that prices could fall but no new heating oil would find its 
     way into the U.S. heating market?

  Do you know what the answer was? It could happen. The irony is that 
we are going to release oil from our Strategic Petroleum Reserve to 
provide product to a European market. That should not be lost on the 
American consumer or Members of this body.
  Finally, SPR was created for one specific purpose: as a reserve in 
case our supply, our dependence on OPEC and other countries, is 
disrupted. We are 58-percent dependent on imported oil. We have a 
situation in the Mideast. Iraq is claiming Kuwait is stealing its oil, 
the same claim it made prior to the Persian Gulf war. Kuwait is now 
claiming Iraq stole oil during the gulf war. The entire Israeli-
Palestinian peace process appears, unfortunately, to have fallen apart. 
All this leads to a reminder that we should not use our petroleum 
reserve for political purposes, and that appears to be what we have 
done in this arrangement.
  Mr. President, how much time is remaining on this side?
  The PRESIDING OFFICER. The Senator has 7\1/2\ minutes remaining.
  Mr. MURKOWSKI. I ask the Chair to advise me when I have 4 minutes 
remaining.
  The PRESIDING OFFICER. The Chair will do so.
  Mr. MURKOWSKI. Mr. President, as a consequence of the focus on energy 
between our two Presidential candidates, it is very appropriate that we 
identify differences.
  The Vice President has said he has an energy plan that focuses not 
only on increasing the supply but also on working on the consumption 
side, but the real facts are the Vice President does not practice what 
he preaches. Let's look at the record over the last 7\1/2\ years.
  The administration has opposed domestic oil exploration and 
production. We have had 17 percent less production since Clinton-Gore 
took office, and the facts are it decreased the number of oil wells 
from 136,000 and the number of gas wells has decreased by 57,000. These 
are wells that have actually been closed since 1992. There has been 
absolutely no utilization of American coal in coal-fired electric 
generating plants. We have not built a new plant since 1990.
  The difficulty is the Environmental Protection Agency has made it so 
uneconomic that the industry simply cannot get the permits. We force 
the nuclear energy to choke on its own waste. We were one vote short in 
the Senate to pass a veto override. Yet the U.S. Court of Appeals has 
given the industry a liability case in the Court of Claims, with a 
liability to the taxpayers of somewhere between $40 billion and $80 
billion.
  The administration threatens to tear down hydroelectric dams out 
West. What are we going to do there? We are going to take the traffic 
off the rivers and put it on the highways. We have ignored electric 
reliability and supply concerns. Go out to California, particularly San 
Diego, where they have seen price spikes and brownouts, no new 
generation, no new transmission. This has happened on the Vice 
President's watch.
  Natural gas prices in the last 10 months have gone from $2.60 to 
$5.40 for delivery. That is the problem we are facing, and that is the 
record under this administration.
  Let's not forget one more thing. The Vice President talks about 
cutting taxes. The Vice President himself cast the vote in 1993 to 
raise the gas tax 4.3 cents a gallon. He did not just cast the vote; he 
broke the tie, and that is the significance of the record with regard 
to a contribution to increase domestic energy in this country. Instead 
of doing something to increase domestic oil supply, the Vice President 
and the administration would rather blame big oil profiteering, and 
that is ironic. Where was big oil a year ago when oil was selling for 
$10 a barrel? Who was profiteering then, Mr. President?
  The PRESIDING OFFICER. The Senator has 4 minutes remaining.
  Mr. MURKOWSKI. Who sets the price of oil? OPEC.
  I thank the Chair and reserve the remainder of our time for Senator 
Stevens, who wants to claim that time.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, it seems to me the majority is crying 
because the price of oil has dropped. The President made a decisive 
step and said we are going to pump oil from our reserve. Immediately, 
the price of oil dropped. Today it is below $30 a barrel. The majority 
seems so concerned that what the President has done has helped--the 
price of oil has dropped.
  I suggest my friends in the majority talk to the Governor of Texas or 
maybe the man running for Vice President. They have connections with 
the oil industry. Maybe they could talk him into not shipping oil 
overseas if that is, in fact, what is happening. They are crying 
crocodile tears because what is happening here is good. We laid out in 
great detail yesterday what this administration has done to lower the 
price of oil to make sure the economy was in good shape.
  I am also continually amazed at what the majority says about the Vice 
President: He broke the tie, so there is a 4-cent-per-gallon increase 
in gas; isn't that too bad?
  Let's look at the history. Remember, the majority was saying all 
kinds of bad things would happen. The Republicans were saying all kinds 
of bad

[[Page 20849]]

things would happen if, in fact, the Clinton and Gore budget deficit 
reduction plan passed. It passed.
  Prior to passing, listen to what the Republicans had to say.
  Conrad Burns:

       So we're still going to pile up some more debt. But most of 
     all, we're going to cost jobs in this country.

  He was wrong on both counts. There are 22 million new jobs and, of 
course, the debt is gone.
  Orrin Hatch said:

       Make no mistake, this will cost jobs.

  Wrong again.
  Phil Gramm, the Senator from Texas:

       I want to predict here tonight that if we adopt this bill, 
     the American economy is going to get weaker, not stronger, 
     and the deficit 4 years from today will be higher than it is 
     today, and not lower. When it is all said and done, people 
     will pay more taxes, the economy will create fewer jobs, 
     Government will spend more money, and the American people 
     will be worse off.

  I am not going to go into detail, but we have 300,000 fewer Federal 
employees than in 1992. We have the lowest unemployment in some 40 
years. We have created 22 million jobs. We have a Federal Government 
today that is smaller than when President Kennedy was President. I 
think those on the other side should realize, yes, the Vice President 
did cast a decisive vote, but it was so decisive that it put this 
country on the road to economic recovery.
  I also suggest my friends should stop talking about nuclear waste. We 
know there is not going to be another nuclear powerplant built in 
America, but we also recognize that rather than spending time on 
nuclear waste, why don't they talk about alternative energy--solar, 
wind, and geothermal?
  My friend from Alaska continually talks about energy policy. I 
respect his opinion, but I continue to believe he is absolutely wrong.
  Mrs. BOXER. Will my friend yield me 3 minutes?
  Mr. REID. I will be happy to yield to my friend from California from 
the time we have.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I thank my friend for setting the record 
straight and for doing such a good job because we do have to remember 
where we were when the Clinton-Gore administration took office.
  In my State, there was suffering; there was no hope; people's dreams 
were set aside; the economy was in the tank; and there was double-digit 
unemployment. Today we are in the midst of the greatest economic 
recovery ever. It dates back to the vote Al Gore cast because he was 
the deciding vote on that budget. The Republicans predicted gloom and 
doom, deficits and debt, unemployment and the rest. Let's face it; they 
were wrong. We do not want to go back to those days of high deficits.


                       Violence Against Women Act

  Mrs. BOXER. Mr. President, I appreciate the assistant Democratic 
leader yielding me time because I want to talk briefly about the 
Violence Against Women Act, and then I am going to make a unanimous 
consent request, of which I believe the other side has been made aware.
  The Violence Against Women Act, a landmark law that was passed in 
1994, has now expired. We have to reauthorize it. It is crucial. It has 
expired.
  Is this an important and worthy act? Yes, it is. Both sides of the 
aisle agree. We have seen a 21-percent reduction in violence against 
women. We have seen shelters for battered women and their families 
built. They have gone up from 1,200 to about 2,000. We see doctors 
trained to recognize domestic abuse and police men and women trained to 
recognize domestic abuse. So we are seeing, in the figures, a decrease 
in the violence.
  But we cannot allow this law to die. The point is, it passed the 
House overwhelmingly. It is a clean bill. But there are political games 
going on over here. People want to attach all kinds of different things 
to the Violence Against Women Act. It can stand alone on its own two 
feet. Senator Biden wrote that act a long time ago. When I was in the 
House, he asked me to carry it. He has been joined by Senator Hatch. 
They have worked together now on this new reauthorization.
  The last point I want to make before making my unanimous consent 
request is this: It may be called the Violence Against Women Act, but 
this act directly attacks the problem of children in these homes. We 
have to realize that children under the age of 12 live in approximately 
4 out of 10 homes that experience domestic violence.
  We look at Hollywood--and we are critical of what they are doing in 
terms of the R-rated films shown to kids--but the fact is, there is 
only one reliable predictor of future violence. If a male child sees 
one parent beat another parent, he is twice as likely to abuse his own 
wife as the son of nonviolent parents.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. REID. Mr. President, how much time do we have remaining?
  The PRESIDING OFFICER. Five minutes remaining.
  Mr. REID. I yield the Senator 2 more minutes.
  Mrs. BOXER. We have a situation where we know if a child sees 
violence in the home, that child is very likely to repeat that 
violence. We have to protect these children by stopping the violence.


                  Unanimous-Consent Request--H.R. 1248

  At this time, Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 834, H. 1248, an 
act to prevent violence against women, that the bill be considered read 
a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Reserving the right to object, I ask the Senator, under my 
reservation, this bill which has done so much good in the country, has 
it lapsed?
  Mrs. BOXER. Yes. The Violence Against Women Act reauthorization has 
expired. We can't permit this to continue any longer. The House acted, 
and well over 400 Members voted to reauthorize it.
  Mr. REID. Is the Senator telling me that right now the law is not in 
effect in our country?
  Mrs. BOXER. In essence, the authorization has definitely expired. My 
friend is right. That is why I make this request in a most urgent 
fashion.
  The PRESIDING OFFICER. Is there objection?
  Mr. THOMAS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. THOMAS. Reserving the right to object, I rise on behalf of the 
leader, who is working now with Members on the other side. I do not 
know of anyone who disagrees with what the Senator from California has 
said. No one I know of disagrees with the bill. I certainly do not. 
However, there is a process underway. I object to the unanimous consent 
request.
  The PRESIDING OFFICER. Objection is heard.
  Who yields time?
  Time runs equally against both sides.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. How much time is remaining on the minority side?
  The PRESIDING OFFICER. There are 3 minutes on the minority side.
  Mr. REID. I yield 2 minutes to the Senator from California.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. I thank Senator Reid, once more, for yielding me some 
time.
  I understand the Republican side of the aisle wants to attach 
different pieces of legislation to the Violence Against Women Act, and 
that is what is slowing it down. I know they want to see this act go 
forward. But I have to say to them, there is an easy way to do it.
  I am very disappointed we had this objection this morning. We had a 
beautiful prayer--a beautiful prayer--given by Senator Leahy's brother-
in-law. If you heard what he said, he prayed that we in the Senate 
could work to do good works--to do good works. I know that

[[Page 20850]]

is what we all strive to do every single day we get up in the morning. 
But it seems to me that good work such as the Violence Against Women 
Act is easy to do. We do not have to use it as a train to which we 
attach different pieces of legislation.
  I see Senator Wellstone on the floor. He has worked so hard in the 
area of the trafficking of women worldwide. Yes, we have no objection 
if we marry these two, if you will, pieces of legislation together 
because they make sense. One is talking about violence at home; one is 
talking about taking girls and putting them into sex trafficking. And 
it is a sin upon the world that this happens. We agreed to do this. It 
could have been done in a minute. We do not need to come on the floor 
and have a long period of time to discuss this. I am sure the Senator 
would agree; we could have a few comments.
  The PRESIDING OFFICER. The Senator's 2 minutes have expired.
  Mrs. BOXER. I am very disappointed this morning that we haven't been 
able to do at least one good thing for the women and children of this 
country, and that is to pass the House bill, the Violence Against Women 
Act, to get it done.
  The PRESIDING OFFICER. Who yields time?
  Time runs equally against both sides.
  Mr. REID. Mr. President, I would like to ask a question of my friend 
from California in the minute we have remaining.
  Mrs. BOXER. Yes.
  Mr. REID. With all this compassionate conservatism around, do you 
think it would be good if the Governor of Texas interceded in this 
matter?
  Mrs. BOXER. Yes. I would call on the Governor to intercede with our 
friends on the other side. He was asked about the Violence Against 
Women Act on the campaign trail. He was unaware of it. He said he had 
not heard of it, although Texas has received about $75 million, and 
they have built battered women shelters. Then when he studied it, he 
said he supported it, for which I am very grateful. But this is a 
golden moment for him.
  Since we have passed the bill, I want to say to my friend from 
Nevada, intimate-partner violence has decreased by 21 percent. Again, 
we have seen the number of battered women shelters increase by 60 
percent. Before there were more animal shelters than there were for 
women and children. So we should act. I hope my friends will 
reconsider.
  The PRESIDING OFFICER. All the time of the minority has expired.
  Who yields time?
  Time will run on the majority side.
  Mr. THOMAS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. THOMAS. Mr. President, I think we are getting prepared, within a 
couple minutes now, to have a vote on the continuing resolution. I 
simply want to rise again to say I do not disagree at all with what the 
Senator from California is saying. But the fact is, there is a plan. 
There is a plan to operate under here. The Senate does not simply react 
because someone gets up and says it is time to do this. There are 
negotiations going on between the leader and Senators on the other 
side.
  I am sure this will indeed be done. We have a lot of things that need 
to be done. I would suggest that we ought to get the whole thing 
planned a little bit. I am a little surprised that this Senator is 
talking about objecting to moving forward because I think there have 
been quite a few objections coming from that side that has gotten us to 
where we are now. That is not really the point. The point is, we will 
handle this bill. The leader has prepared to do that.
  Mr. THOMAS. Mr. President, I hope we can now proceed to the vote.
  The PRESIDING OFFICER. The clerk will read the joint resolution for 
the third time.
  The joint resolution was read the third time.
  Mr. INHOFE. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. The yeas and nays have been requested.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The joint resolution having been read the 
third time, the question is, Shall the joint resolution pass? The yeas 
and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from North Carolina (Mr. 
Helms) and the Senator from Vermont (Mr. Jeffords) are necessarily 
absent.
  Mr. REID. I announce that the Senator from California (Mrs. 
Feinstein) and the Senator from Connecticut (Mr. Lieberman) are 
necessarily absent.
  The PRESIDING OFFICER (Mr. Bunning). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 95, nays 1, as follows:

                      [Rollcall Vote No. 264 Leg.]

                                YEAS--95

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lincoln
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Miller
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Leahy
       

                             NOT VOTING--4

     Feinstein
     Helms
     Jeffords
     Lieberman
  The joint resolution (H.J. Res. 110) was passed.
  Mr. FITZGERALD. Mr. President, I move to reconsider the vote and to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WELLSTONE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                    2001--CONFERENCE REPORT--Resumed

  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:

       A conference report to accompany H.R. 4578, an act making 
     appropriations for the Department of the Interior and related 
     agencies for fiscal year ending September 30, 2001, and for 
     other purposes.

  Mr. WELLSTONE. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Senate Agenda

  Mr. LEAHY. Mr. President, the situation we are in right now is 
interesting. It is different from any similar period I can recall in 
nearly 26 years in the Senate. We are at the end of the fiscal year--we 
have actually gone beyond the end of the fiscal year--and nothing seems 
to be happening. I voted against the continuing resolution, not because 
I do not think we should keep the Government going--of course we 
should; it is unfortunate to close down the Government--but more to 
express my concern that we are not doing our business.

[[Page 20851]]

  We have not passed our appropriations bills as we should. We all talk 
about how we make Government more efficient or how we make Government 
better. But imagine if you are running one of these Agencies or one of 
these Departments and you have to make the decisions for the year, and 
Congress, which has a mandate under law to pass the appropriations 
bills by September 30, we are here on October 5 and are nowhere near 
completing the bills.
  Yet in a Congress that spends more time investigating than 
legislating, we are perfectly willing to have investigations and 
actually bring a lot of these Departments to a halt while we ask them 
question after question, even if the questions have already been asked, 
and yet we are unwilling to do our own work on time. It is not the way 
it can be done, and it is not the way it should be done.
  I strongly urge Senators to consider next year when we come back, no 
matter who wins the Presidency, no matter who wins seats in the Senate 
or in the other body, that we spend more time trying to do things that 
actually help the country, that we set aside some of the partisanship 
and bitterness that has marked this Senate actually since impeachment 
time, which in itself was marked by partisanship when impeachment was 
rushed through in a lame duck House of Representatives and then passed 
over to this body. It appears in many ways we lost our footing at that 
time and never got back on course.
  There are bills that have bipartisan support. There was one I was 
discussing on the floor a few minutes ago with the distinguished 
Senator from Colorado, the Campbell-Leahy bulletproof vest bill. This 
is a bill that provides money for bulletproof vests for law enforcement 
officers.
  Senator Campbell and I served in law enforcement before we came to 
Congress. We served at a time when much of law enforcement did not face 
the danger it does now, but we kept enough of our ties to law 
enforcement and so we know how difficult it is. We know that the men 
and women we send out to protect all of us are themselves so often the 
victims of the same criminals from whom they try to protect us.
  Bulletproof vests are a $500 or $600 item. They wear out in 5 years. 
A lot of departments, especially small departments in States such as 
Vermont or rural areas like Texas, cannot afford these vests. I have 
letters from hundreds of law enforcement people from around the country 
who tell me that under the original Campbell-Leahy bill, they finally 
have a sense of security because they have bulletproof vests. We want 
to extend that for a couple more years. Yet we cannot even get a vote 
on it.
  This is a bill which, if it is brought to a vote in this Chamber, I 
am willing to bet virtually every Senator, Republican and Democrat, 
will vote for. How can one vote against it? Yet there has been one hold 
on the Republican side of the aisle, and we cannot bring up this vital 
law enforcement piece of legislation.
  I wanted to be sure--I am hearing from law enforcement agencies all 
across the country: Why can't you pass it?--so I actually made the 
point of checking with all 46 Democratic Senators: Do any of you have 
any objection to voting on this on a second's notice? They said: No, 
pass it by unanimous consent, if you want.
  I ask whoever is holding it up on the other side not to continue to 
hold it up.
  Mr. President, I return to ask the Republican leadership what is 
holding up enactment of the Bulletproof Vest Partnership Grant Act of 
2000? This is a bill I introduced with Senator Campbell and others last 
April. The Senate Judiciary Committee considered and and reported the 
bill unanimously to the full Senate back in June. I have since been 
working to get Senate consideration, knowing that it will pass 
overwhelmingly if not unanimously.
  Unfortunately, an anonymous ``hold'' on the Republican side prevented 
enactment before the Senate recessed in July. I have been unable to 
discover which Republican Senator opposes the bill or why, and that 
remains true today.
  We have been working for several months to pass the Bulletproof Vest 
Partnership Grant Act of 2000. It has been cleared by all Democratic 
Senators.
  That it has still not passed the full Senate is very disappointing to 
me, as I am sure that it is to our nation's law enforcement officers, 
who need life-saving bulletproof vests to protect themselves. 
Protecting and supporting our law enforcement community should not be a 
partisan issue.
  Senator Campbell and I worked together closely and successfully in 
the last Congress to pass the Bulletproof Vest Partnership Grant Act of 
1998 into law. This year's bill reauthorizes and extends the successful 
program that we helped create and that the Department of Justice has 
done such a good job implementing.
  I have charts here that show how successful the Bulletproof Vests 
Grant Program has been for individual states. In its first year of 
operation in 1999, the program funded the purchase of 167,497 vests 
with $23 million in federal grant funds.
  For the State of Alabama, the program funded the purchase of 2,287 
bulletproof vests for law enforcement officers in 1999. For the State 
of California, the program funded the purchase of 28,106 bulletproof 
vests for law enforcement officers in 1999. For the State of Colorado, 
the program funded the purchase of 1,844 bulletproof vests for police 
officers in 1999.
  For the State of Idaho, the program funded the purchase of 711 
bulletproof vests for law enforcement officers in 1999. For the State 
of Michigan, the program funded the purchase of 2,932 bulletproof vests 
for law enforcement officers in 1999. For the State of Minnesota, the 
program funded the purchase of 1,052 bulletproof vests for law 
enforcement officers in 1999. For the State of Mississippi, the program 
funded the purchase of 1,283 bulletproof vests for law enforcement 
officers in 1999. For the State of Missouri, the program funded the 
purchase of 2,919 bulletproof vests for law enforcement officers in 
1999.
  For the State of New York, the program funded the purchase of 13,004 
bulletproof vests for law enforcement officers in 1999. For the State 
of Oklahoma, the program funded the purchase of 3,042 bulletproof vests 
for law enforcement officers in 1999. For the State of Rhode Island, 
the program funded the purchase of 792 bulletproof vests for law 
enforcement officers in 1999. For the State of Utah, the program funded 
the purchase of 1,326 bulletproof vests for law enforcement officers in 
1999. For my home State of Vermont, the program funded the purchase of 
361 bulletproof vests for police officers in 1999. For big and small 
states, the program was a success in its first year.
  I have a second chart that shows how successful the Bulletproof Vests 
Grant Program has been for individual states in its second year of 
operation. In 2000, the program funded the purchase of 158,396 vests 
with $24 million in federal grant funds.
  For the State of Alabama, the program funded the purchase of 2,498 
bulletproof vests for law enforcement officers in 2000. For the State 
of California, the program funded the purchase of 27,477 bulletproof 
vests for law enforcement officers in 2000. For the State of Colorado, 
the program funded the purchase of 2,288 bulletproof vests for police 
officers in 2000.
  For the State of Idaho, the program funded the purchase of 477 
bulletproof vests for law enforcement officers in 2000. For the State 
of Michigan, the program funded the purchase of 3,427 bulletproof vests 
for law enforcement officers in 2000. For the State of Minnesota, the 
program funded the purchase of 709 bulletproof vests for law 
enforcement officers in 2000. For the State of Mississippi, the program 
funded the purchase of 1,364 bulletproof vests for law enforcement 
officers in 2000. For the State of Missouri, the program funded the 
purchase of 1,221 bulletproof vests for law enforcement officers in 
2000.

[[Page 20852]]

  For the State of New York, the program funded the purchase of 11,969 
bulletproof vests for law enforcement officers in 2000. For the State 
of Oklahoma, the program funded the purchase of 3,389 bulletproof vests 
for law enforcement officers in 2000. For the State of Rhode Island, 
the program funded the purchase of 313 bulletproof vests for law 
enforcement officers in 2000. For the State of Utah, the program funded 
the purchase of 1,326 bulletproof vests for law enforcement officers in 
2000. For my home State of Vermont, the program funded the purchase of 
175 bulletproof vests for police officers in 2000. For the second year 
in a row, the program was a great success.
  Mr. President, I ask unanimous consent that these two charts listing 
the number of bulletproof vests purchased and the Federal grant amounts 
for each state in 1999 and 2000 under the Bulletproof Vest Partnership 
Grant Program be printed in the Record at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEAHY. The Bulletproof Vest Partnership Grant Act of 2000 builds 
on the success of this program by doubling its annual funding to $50 
million for fiscal years 2002-2004. It also improves the program by 
guaranteeing jurisdictions with fewer than 100,000 residents receiving 
the full 50-50 matching funds because of the tight budgets of these 
smaller communities and by making the purchase of stab-proof vests 
eligible for grant awards to protect corrections officers in close 
quarters in local and county jails.
  We have 20 cosponsors on the new bill, including a number of 
Democrats and Republicans. This is a bipartisan bill that is not being 
treated in a bipartisan way. For some unknown reason a Republican 
Senator has a hold on this bill and has chosen to exercise that right 
anonymously.
  More than ever before, police officers in Vermont and around the 
country face deadly threats that can strike at any time, even during 
routine traffic stops. Bulletproof vests save lives. It is essential 
the we update this law so that many more of our officers who are 
risking their lives everyday are able to protect themselves.
  I hope that the mysterious ``hold'' on the bill from the other side 
of the aisle will disappear. The Senate should pass without delay the 
Bulletproof Vest Partnership Grant Act of 2000 and send to the 
President for his signature into law.
  Before we recessed last July, I informed the Republican leadership 
that the House of Representatives had passed the companion bill, H.R. 
4033, by an overwhelming vote of 413-3. I expressed my hope that the 
Senate would quickly follow suit and pass the House-passed bill and 
send it to the President. President Clinton has already endorsed this 
legislation to support our Nation's law enforcement officers and is 
eager to sign it into law.
  I find it ironic that the Senate in July passed the Federal Law 
Enforcement Animal Protection Act, H.R. 1791. That bill increased the 
penalties for harming dogs and horses used by federal law enforcement 
officers. President Clinton signed that bill into law on August 2nd.
  The majority acted quickly to protect dogs and horses used by law 
enforcement officers but has stalled action on legislation to provide 
life-saving protection for law enforcement officers themselves. The 
Senate should have moved as quickly in July to pass the Bulletproof 
Vest Partnership Grant Act of 2000 and sent it to the President for his 
signature into law.
  Several more months have come and gone. Unfortunately, nothing has 
changed. Not knowing what the misunderstanding of our bill is, I find 
it is impossible to overcome an anonymous, unstated objection. I, 
again, ask whoever it is on the Republican side who has a concern about 
this program to please come talk to me and to Senator Campbell. I hope 
that the Senate will do the right thing and pass this important 
legislation without further unnecessary delay.

                               Exhibit 1

            BULLETPROOF VEST PARTNERSHIP GRANT ACT--YEAR 1999
------------------------------------------------------------------------
                  State                     Total vests  Approved amount
------------------------------------------------------------------------
Alabama..................................         2,287      $230,343.84
Alaska...................................           395        90,309.65
Arizona..................................         1,705       334,099.97
Arkansas.................................           778       180,830.13
California...............................        28,106     2,843,427.56
Colorado.................................         1,844       303,622.83
Connecticut..............................         3,637       547,507.96
Delaware.................................         1,526        69,533.76
District of Columbia.....................           844        44,899.70
Florida..................................         9,641       985,708.59
Georgia..................................         4,067       528,480.98
Guam.....................................           145         6,000.00
Hawaii...................................           330       100,865.57
Idaho....................................           711       101,673.49
Illinois.................................         9,035     1,337,252.98
Indiana..................................         5,375       774,582.31
Iowa.....................................         1,954       441,262.08
Kansas...................................         1,257       195,605.72
Kentucky.................................         1,510       234,990.82
Louisiana................................         3,112       330,409.06
Maine....................................           626       161,374.59
Maryland.................................         3,772       329,998.45
Massachusetts............................         2,255       274,032.76
Michigan.................................         2,932       658,931.12
Minnesota................................         1,052       146,378.98
Mississippi..............................         1,283       201,931.59
Missouri.................................         2,919       478,933.33
Montana..................................           435       101,647.37
Nebraska.................................           905       127,329.90
Nevada...................................           394        84,441.26
New Hampshire............................           450       143,632.09
New Jersey...............................         5,336       838,439.10
New Mexico...............................         1,388       321,910.87
New York.................................        13,004     1,240,481.60
North Carolina...........................         5,974       750,998.79
North Dakota.............................           397        81,443.98
Northern Mariana Islands.................           375        38,000.00
Ohio.....................................         5,506     1,084,863.95
Oklahoma.................................         3,042       348,374.03
Oregon...................................         1,847       342,712.74
Pennsylvania.............................         8,360     1,018,781.60
Puerto Rico..............................         1,496       212,091.20
Rhode Island.............................           792       192,873.46
South Carolina...........................         2,286       451,685.53
South Dakota.............................           228        57,206.42
Tennessee................................         2,576       331,638.90
Texas....................................         9,245     1,350,816.23
Utah.....................................         1,326       325,181.42
U.S. Virgin Island.......................           356         6,000.00
Vermont..................................           361        96,386.81
Virginia.................................         3,559       426,197.77
Washington...............................         1,840       387,177.81
West Virginia............................           645       128,878.93
Wisconsin................................         2,065       441,721.01
Wyoming..................................           221        49,814.46
                                          ------------------------------
  Total..................................       167,497    22,913,725.04
------------------------------------------------------------------------


            BULLETPROOF VEST PARTNERSHIP GRANT ACT--YEAR 1999
------------------------------------------------------------------------
                 State                    Number vests     BVP funding
------------------------------------------------------------------------
Alabama................................           2,498       333,476.91
Alaska.................................             202        38,435.26
Arizona................................           2,569       474,444.89
Arkansas...............................             408       164,433.89
California.............................          27,477     2,983,332.71
Colorado...............................           2,288       388,322.15
Connecticut............................           1,904       308,881.86
Delaware...............................           2,214       216,210.35
District of Columbia...................           1,580       171,768.76
Florida................................          11,769     1,433,916.06
Georgia................................           4,780       749,046.97
Guam...................................  ..............  ...............
Hawaii.................................           2,331       388,037.21
Idaho..................................             477       120,627.95
Illinois...............................           6,761       923,328.88
Indiana................................           3,842       513,415.07
Iowa...................................           1,011       210,632.67
Kansas.................................           1,048       201,192.38
Kentucky...............................           1,363       241,682.86
Louisiana..............................           3,510       421,933.86
Maine..................................             576       120,651.83
Maryland...............................           2,782       265,643.15
Massachusetts..........................           3,582       754,073.82
Michigan...............................           3,427       622,564.00
Minnesota..............................             709       234,776.23
Mississippi............................           1,364       239,899.81
Missouri...............................           1,221       224,177.96
Montana................................             271        80,877.76
Nebraska...............................             622        90,276.24
Nevada.................................           1,176       141,612.32
New Hampshire..........................             489       118,470.26
New Jersey.............................           5,579     1,227,933.41
New Mexico.............................           1,195       200,141.76
New York...............................          11,969     1,817,314.92
North Carolina.........................           3,183       530,987.91
North Dakota...........................             352        43,284.36
Northern Mariana Islands...............             355       107,033.50
Ohio...................................           5,015       950,198.19
Oklahoma...............................           3,389       562,865.11
Oregon.................................           2,456       416,464.24
Pennsylvania...........................           8,260     1,577,238.20
Puerto Rico............................           1,337       147,861.47
Rhode Island...........................             313        84,417.94
South Carolina.........................           1,727       256,551.50
South Dakota...........................             157        27,845.87
Tennessee..............................           2,154       286,436.37
Texas..................................           5,962       802,886.82
U.S. Virgin Island.....................             341        45,361.11
Utah...................................             837       171,546.50
Vermont................................             175        43,806.27
Virginia...............................           3,415       446,645.52
Washington.............................           2,690       525,935.54
West Virginia..........................             512        75,650.56
Wisconsin..............................           2,418       437,207.69
Wyoming................................             159        44,134.89
                                        --------------------------------
  Total................................         158,396    24,005,803.78
------------------------------------------------------------------------

                          Judicial Nominations

  Mr. LEAHY. Mr. President, today is October 5, the first anniversary 
of an event I hope I will not see again in the Senate. I have spoken 
many times about the Senate being the conscience of the Nation, and it 
should be. A year ago today, I believe the country was harmed by a 
party-line vote. That party-line vote defeated the nomination of 
Justice Ronnie White to the Federal district court in Missouri. Justice 
White, on the Missouri Supreme Court, had the highest qualifications. 
He passed through the Senate Judiciary Committee. He had the highest 
ABA ratings. He is a distinguished African American jurist. Yet when it 
came to a vote, every Democrat voted for him and every Republican voted 
against him. I believe that was a mistake and one we will regret. I 
spoke on

[[Page 20853]]

this nomination on October 15 and 21 of last year and more recently 
this year.
  Fifty-one years ago this month--I was 9 years old--the Senate 
confirmed President Truman's nomination of William Henry Hastings to 
the Court of Appeals for the Third Circuit. That was actually the first 
Senate confirmation of an African American to our Federal courts--only 
51 years ago. Thirty-one years ago, the Senate confirmed President 
Johnson's nomination of Thurgood Marshall to the U.S. Supreme Court. 
When we rejected Ronnie White, I wonder if we went backward or we moved 
forward.
  This year, the Judiciary Committee has even refused to move forward 
with a hearing on Roger Gregory or Judge James Wynn to the Fourth 
Circuit. It is interesting--talk about bipartisanship--one of these men 
is a distinguished African American, a legal scholar, strongly 
supported by both the Republican and Democratic Senators from his 
State. Senator Warner, a distinguished and respected Member of this 
body and a Republican, strongly supports him. Senator Robb, an equally 
distinguished and respected Member of this body and a Democrat, a 
decorated war hero, also supports him, and the President nominated him. 
We cannot even get a vote.
  I hope this does not continue. I suggest, again, whoever wins the 
Presidency, whoever wins seats or loses seats in the Senate, that we 
not do this next year.
  This year, the Judiciary Committee reported only three nominees to 
the Court of Appeals all year. We denied a committee vote to two 
outstanding nominees who succeeded in getting hearings. I understand 
the frustration of Senators who know Roger Gregory, Judge James Wynn, 
Kathleen McCree Lewis, Judge Helene White, Bonnie Campbell, and others 
should have been considered and voted on.
  There are multiple vacancies on the Third, the Fourth, Fifth, Sixth, 
Ninth, Tenth, and District of Columbia Circuits; 23 current vacancies. 
Our appellate courts have nearly half of the judicial vacancies in the 
Federal court system. That has to change. I hope it will.
  I see my distinguished colleague and friend from Texas on the floor. 
I want to assure her I will yield the floor very soon.
  But I hope we can look again and ask ourselves objectively, without 
any partisanship, can we not do better on judges?
  I quoted Gov. George Bush on the floor a couple days ago. I said I 
agreed with him. On nominations, he said we should vote them up or down 
within 60 days. If you don't want the person, vote against them. The 
Republican Party should have no fear of that. They have the majority in 
this body. They can vote against them if they want, but have the vote. 
Either vote for them or vote against them. Don't leave people such as 
Helene White and Bonnie Campbell--people such as this--just hanging 
forever without even getting a rollcall vote. That is wrong. It is not 
a responsible way and besmirches the Senate, this body that I love so 
much.
  I consider it a privilege to serve here. This is a nation of a 
quarter of a billion people; and only 100 of us can serve at any one 
time to represent this wonderful Nation. It is a privilege that our 
States give us. We should use the privilege in the most responsible way 
to benefit all of us.
  When Senators do not vote their conscience, they risk the debacle 
that we witnessed last October 5th, when a partisan political caucus 
vote resulted in a fine man and highly qualified nominee being rejected 
by all Republican Senators on a party-line vote. The Senate will never 
remove the blot that occurred last October when the Republican Senators 
emerged from a Republican Caucus to vote lockstep against Justice 
White. At a Missouri Bar Association forum last week, Justice White 
expressed concern that the rejection of his nominations to a Federal 
judgeship will have a ``chilling effect'' on the desire of other young 
African American lawyers to seek to serve on our judiciary.
  President Clinton has tried to make progress on bringing greater 
diversity to our federal courts. He has been successful to some extent. 
With our help, we could have done so much more. We will end this 
Congress without having acted on any of the African American nominees, 
Judge James Wynn or Roger Gregory, sent to us to fill vacancies on the 
Fourth Circuit and finally integrate the Circuit with the highest 
percentage of African American population in the country, but the one 
Circuit that has never had an African American judge. We could have 
acted on the nomination of Kathleen McCree Lewis and confirmed her to 
the Sixth Circuit to be the first African American woman to sit on that 
Court. Instead, we will end the year without having acted on any of the 
three outstanding nominees to the Sixth Circuit pending before us.
  This Judiciary Committee has reported only three nominees to the 
Courts of Appeals all year. We have held hearings without even 
including a nominee to the Courts of Appeals and denied a Committee 
vote to two outstanding nominees who succeeded in getting hearings. I 
certainly understand the frustration of those Senators who know that 
Roger Gregory, Judge James Wynn, Kathleen McCree Lewis, as well as 
Judge Helene White, Bonnie Campbell and others should have been 
considered by this Committee and voted on by the Senate this year.
  There continue to be multiple vacancies on the Third, Fourth, Fifth, 
Sixth, Ninth, Tenth and District of Columbia Circuits. With 23 current 
vacancies, our appellate courts have nearly half of the total judicial 
emergency vacancies in the federal court system. I note that the 
vacancy rate for our Courts of Appeals is more than 12 percent 
nationwide. If we were to take into account the additional appellate 
judgeships included in the Hatch-Leahy Federal Judgeship Act of 2000, 
S.3071, a bill that was requested by the Judicial Conference to handle 
current workloads, the vacancy rate on our federal courts of appeals 
would be more than 17 percent.
  The Chairman declares that ``there is and has been no judicial 
vacancy crisis'' and that he calculates vacancies at ``less than 
zero.'' The extraordinary service that has been provided by our corps 
of senior judges does not mean there are no vacancies. In the federal 
courts around the country there remain 63 current vacancies and several 
more on the horizon. With the judgeships included in the Hatch-Leahy 
Federal Judgeship Act of 2000, there would be over 130 vacancies across 
the country. That is the truer measure of vacancies, many of which have 
been long-standing judicial emergency vacancies in our southwest border 
states. The chief judges of both the Fifth and Sixth Circuits have had 
to declare their entire courts in emergencies since there are too many 
vacancies and too few circuit judges to handle their workload.
  The chairman misconstrues the lessons of the 63 vacancies at the end 
of the 103rd Congress in 1994. I would point out that in 1994 the 
Senate confirmed 101 judges to compensate for normal attrition and to 
fill the vacancies and judgeships created in 1990. In fact, that 
Congress reduced the vacancies from 131 in 1991, to 103 in 1992, to 112 
in 1993, to 63 in 1994. Vacancies were going down and we were acting 
with Republican and Democratic Presidents to fill the 85 judgeships 
created by a Democratic Congress under a Republican President in 1990. 
Since Republicans assumed control of the Senate in the 1994 election 
the Senate has not even kept up with normal attrition. We will end this 
year with more vacancies than at the end of the session in 1994. As I 
have pointed out, the vacancies are most acute among our courts of 
appeals. Further, we have not acted to add the judgeships requested by 
the Judicial Conference to meet increased workloads over the last 
decade.
  According to the Chief Justice's 1999 year-end report, the filings of 
cases in our Federal courts have reached record heights. In fact, the 
filings of criminal cases and defendants reached their highest levels 
since the Prohibition Amendment was repealed in 1933. Also in 1999, 
there were 54,693 filings in the 12 regional courts of appeals. Overall 
growth in appellate court caseload last year was due to a 349 percent 
upsurge

[[Page 20854]]

in original proceedings. This sudden expansion resulted from newly 
implemented reporting procedures, which more accurately measure the 
increased judicial workload generated by the Prisoner Litigation Reform 
Act and the Antiterrorism and Effective Death Penalty Act, both passed 
in 1996.
  Let me also set the record straight, yet again, on the erroneous but 
oft-repeated argument that ``the Clinton Administration is on record as 
having stated that a vacancy rate just over 7 percent is virtual full-
employment of the judiciary.'' That is not true.
  The statement can only be alluded to an October 1994 press release. 
It should not be misconstrued in this manner. That press release was 
pointing out that at the end of the 103rd Congress if the Senate had 
proceeded to confirm the 14 nominees then pending on the Senate 
calendar, it would have reduced the judicial vacancy rate to 4.7 
percent, which the press release then proceeded to compare to a 
favorable unemployment rate of under 5 percent.
  Unfortunately, the chairman's assertions are demonstrably false. 
Contrary to his statement, the Justice Department's October 12, 1994 
press release that he cites does not equate a 7.4 percent vacancy rate 
with ``full employment,'' but rather a 4.7 percent rate. Additionally, 
the vacancy rate was not reduced to 4.7 percent in 1994, and stands at 
three times that today.
  The Justice Department release was not a statement of administration 
position or even a policy statement but a poorly designed press release 
that included an ill-conceived comment. Job vacancy rates and 
unemployment rates are not comparable. Unemployment rates are measures 
of people who do not have jobs not of Federal offices vacant without an 
appointed office holder.
  When I learned that some Republicans had for partisan purposes seized 
upon this press release, taken it out of context, ignored what the 
press release actually said and were manipulating it into a 
misstatement of Clinton administration policy, I asked the Attorney 
General, in 1997, whether there was any level or percentage of judicial 
vacancies that the administration considered acceptable or equal to 
``full employment.''
  The Department responded:

       There is no level or percentage of vacancies that justifies 
     a slow down in the Senate on the confirmation of nominees for 
     judicial positions. While the Department did once, in the 
     fall of 1994, characterize a 4.7 percent vacancy rate in the 
     federal judiciary as the equivalent of the Department of 
     Labor `full employment' standard, that characterization was 
     intended simply to emphasize the hard work and productivity 
     of the Administration and the Senate in reducing the 
     extraordinary number of vacancies in the federal Article III 
     judiciary in 1993 and 1994. Of course, there is a certain 
     small vacancy rate, due to retirements and deaths and the 
     time required by the appointment process, that will always 
     exist. The current vacancy rate is 11.3 percent. It did reach 
     12 percent this past summer. The President and the Senate 
     should continually be working diligently to fill vacancies as 
     they arise, and should always strive to reach 100 percent 
     capacity for the Federal bench.

  At no time has the Clinton administration stated that it believes 
that 7 percent vacancies on the federal bench is acceptable or a 
virtually full federal bench. Only Republicans have expressed that 
opinion. As the Justice Department noted three years ago in response to 
an inquiry on this very questions, the Senate should be ``working 
diligently to fill vacancies as they arise, and should always strive to 
reach 100 percent capacity for the federal bench.''
  Indeed, I informed the Senate of these facts in a statement in the 
Congressional Record on July 7, 1998, so that there would be no future 
misunderstanding or misstatement of the record. Nonetheless, in spite 
of the facts and in spite of my July 1998 statement and subsequent 
statements on this issue over the past three years, these misleading 
statements continue to be repeated.
  Ironically, the Senate could reduce the current vacancy rate to under 
5 percent if we confirmed the 39 judicial nominees that remain bottled 
up before the Judiciary Committee. Instead of misstating the language 
of a 6-year-old press release that has since been discredited by the 
Attorney General herself, the chairman would have my support if we were 
working to get those 39 more judges confirmed.
  I regret to report again today that the last confirmation hearing for 
federal judges held by the Judiciary Committee was in July, as was the 
last time the Judiciary Committee reported any nominees to the full 
Senate. Throughout August and September and now into the first week in 
October, there have been no additional hearings held or even noticed, 
and no executive business meetings have included any judicial nominees 
on the agenda. By contrast, in 1992, the last year of the Bush 
administration, a Democratic majority in the Senate held three 
confirmation hearings in August and September and continued to work to 
confirm judges up to and including the last day of the session.
  I continue to urge the Senate to meet its responsibilities to all 
nominees, including women and minorities. So long as the Senate is in 
session, I will urge action. That highly-qualified nominees are being 
needlessly delayed is most regrettable. The Senate should join with the 
President to confirm well-qualified, diverse and fair-minded nominees 
to fulfill the needs of the Federal courts around the country.
  As I noted on the floor earlier this week, the frustration that many 
Senators feel with the lack of attention this Committee has shown long 
pending judicial nominees has simply boiled over. I understand their 
frustration and have been urging action for some time. This could all 
have been easily avoided if we were continuing to move judicial 
nominations like Democrats did in 1992, when we held hearings in 
September and confirmed 66 judges that Presidential election year.
  I regret that the Judiciary Committee and the Senate is not holding 
additional hearings, that we only acted on 39 nominees all year and 
that we have taken so long on so many of them. I deeply regret the lack 
of a hearing and a vote on so many qualified nominees, including Roger 
Gregory, Judge James Wynn, Judge Helene White, Bonnie Campbell, Enrique 
Moreno, Allen Snyder and others. And, I regret that a year ago today, 
the Senate rejected the nomination of Justice Ronnie White to the 
Federal District Court of Missouri on a partisan, party-line vote.
  Mr. REID. Will the Senator yield for a question?
  Mr. LEAHY. I yield for a question.
  Mr. REID. I say to my friend from Vermont, the bulletproof vest bill 
that you wrote and that you have spoken about here on the floor this 
morning--is that right?
  Mr. LEAHY. That is right.
  Mr. REID. It would greatly benefit rural Nevadans; is that not right?
  Mr. LEAHY. There is no question it would benefit rural Nevada. Of 
course, the distinguished deputy leader was in law enforcement himself. 
He knows the threat that police officers face. That threat is not 
exclusive to big cities, by any means.
  Mr. REID. I say to my friend, the lead Democrat on the Judiciary 
Committee, Nevada is an interesting State. Seventy percent of the 
people in Nevada live in the metropolitan Las Vegas area. Another about 
20 percent live in the Reno metropolitan area. The 10 percent who are 
spread out around the rest of the State cover thousands and thousands 
of square miles, and there are many small communities that do not have 
the resources that the big cities have to provide, for example, 
bulletproof vests.
  I say to my friend from Vermont, do you agree that people who work in 
rural America in law enforcement deserve the same protection as those 
who work in urban centers throughout America?
  Mr. LEAHY. There is no question about it. In fact, in the 1999 bill 
they were able to purchase nearly 400 vests, many of those in the rural 
areas. If we get this through, now they can purchase 1,176 vests.
  I say this because the Senate moved very quickly to pass a bill that 
increased the penalties if we harmed dogs or horses used by law 
enforcement. In other words, we could quickly zip this through and pass 
a bill saying the penalty will be increased if one harms a

[[Page 20855]]

dog or horse used by law enforcement, but, whoops, we can't pass a 
bipartisan piece of legislation protecting the law enforcement officer 
himself or herself. I think of Alice in Wonderland, I have to admit, 
under those circumstances.
  Mr. REID. I say to my friend, I am happy we are looking out for 
animals. I support that and was aware of that legislation, but I think 
it is about time we started helping some of these rural police 
departments in Nevada that are so underfunded and so badly in need of 
this protection.
  Mr. LEAHY. I say to my friend from Nevada, I, too, support the bill 
protecting animals in law enforcement. But I wish we could have added 
this other part. If you have the police officer out with the police 
dog, that police officer deserves protection. If you have a police 
officer out there with a horse--in many parts of both urban and rural 
areas horses are still used for a number of reasons by police 
officers--then let's also protect the police officer.
  Mr. President, I yield the floor.
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER (Mr. Allard). The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent, on behalf of 
the leader, at 1 o'clock today, the Senator from Illinois, Mr. 
Fitzgerald, be recognized to make closing remarks on the Interior 
appropriations conference report for up to 45 minutes, and following 
the use or yielding back of time, the cloture vote occur, 
notwithstanding rule XXII, and following that vote, if invoked, the 
conference report be considered under the following time restraints: 10 
minutes equally divided between the two managers, 10 minutes equally 
divided between the chairman and ranking member of Appropriations; 30 
minutes under the control of Senator Landrieu, 15 minutes under the 
control of Senator McCain.
  I further ask consent that following the use or yielding back of 
time, the Senate proceed to vote on adoption of the conference report, 
without any intervening action or debate.
  Mr. REID. Reserving the right to object, I wonder if the Senator 
would be kind enough to change the time until 2 o'clock. I think that 
has been agreed to on your side. I did not hear. Senator Fitzgerald is 
to be given 1 hour rather than 45 minutes.
  Mrs. HUTCHISON. Mr. President, that is acceptable. We could change 
the time to start at 2 o'clock today, with Senator Fitzgerald having 1 
hour.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mrs. HUTCHISON. In light of this agreement, Mr. President, the next 
vote will be at approximately 3 o'clock.
  Let me revise, once again, the unanimous consent request to begin at 
1 o'clock, leaving the 1-hour timeframe for Mr. Fitzgerald; therefore, 
in light of the agreement, the vote would occur at approximately 2 
o'clock, with another vote on adoption of the conference report at 3:30 
today. If I could wrap all of that in together as a unanimous consent 
request, that would be my hope. I make that unanimous consent request.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. The confusion is not on the part of the Senator from Texas. 
It is my confusion. I apologize for inserting that 2 o'clock time. 
There was some confusion on my part. The debate will start at 1 and we 
will vote around 2.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent to speak as in 
morning business for up to 20 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                         Judicial Appointments

  Mrs. HUTCHISON. Mr. President, having heard my distinguished 
colleague from Vermont talk about the judicial selection process, I 
rise to commend Senator Hatch and his leadership of the Judiciary 
Committee.
  It is very difficult to accommodate all of the requests and 
responsibilities that are entailed in a lifetime appointment to the 
Federal bench. I think Senator Hatch has done the very best job he 
possibly could in getting appointments through, appointments that are 
reflective of Clinton administration priorities. The vast majority of 
Clinton appointees have gone through. In my home State of Texas, we 
have had 20 nominations. Senator Gramm and I have supported 18 of 
those, and 17 have gone through. There is still one pending that we 
support.
  I think Senator Hatch has bent over backwards to do his due diligence 
but to respect the wishes of the Democratic side and the 
administration. I don't want to leave unchallenged some of the comments 
made that indicate that serious consideration has not been given to 
every single Clinton appointee and that in most cases those appointees 
have been put forward.
  It is important that a lifetime appointment be scrutinized because 
there is no accountability of that lifetime appointment. We need to 
look at all of the factors surrounding a particular nominee, knowing 
the power that a Federal judge has and that the accountability is 
limited.
  I applaud Senator Hatch. I think he has done a terrific job under 
very difficult circumstances. I hope he will continue the due diligence 
and also continue apace with the nominations process.


                       Hospital Preservation Act

  Mrs. HUTCHISON. Mr. President, I rise to discuss the Hospital 
Preservation Act that Senator Abraham and I introduced last year. We 
achieved partial relief for hospitals last year, but we have 
reintroduced it this year in an attempt to get more relief for the 
beleaguered hospitals of our country.
  Today we have both the House Ways and Means Committee and the Senate 
Finance Committee working on this very important legislation. We will 
have legislation that will, at least for this year, restore the cuts 
that are being made to our hospitals in Medicare payments, but I am 
hoping we can get more. In fact, there are many areas of our health 
care system that have been undercut by a combination of the Balanced 
Budget Act and have actually been cut even more forcefully by the 
Health Care Financing Administration than was ever intended by 
Congress.
  When we passed the Balanced Budget Act, we said we would look at the 
effects, and if we needed to refine it in any way, we would do that. 
Congress has met its responsibility in that regard. We had the Balanced 
Budget Act Refinement Act passed. We have come back and restored cuts 
that were too much. That is what we are doing in the bill that is 
before us or will be before us very soon, that is now being considered 
by the House Committee on Ways and Means and the Senate Finance 
Committee. In fact, the legislation would increase payments to 
hospitals, nursing homes, home health care agencies, managed care 
organizations, and other health providers that are paid under Medicare.
  This legislation is needed especially for our hospitals because they 
are the front line of our health care delivery system. This legislation 
builds on legislation Congress passed last year that reversed some of 
the cuts in provider payments that did result from the Balanced Budget 
Act and from excessive administrative actions taken by the Health Care 
Financing Administration.
  Last year's bill contained important provisions that have helped 
preserve the ability of American hospitals to continue to provide the 
highest level of health care anywhere in the world. The Balanced Budget 
Refinement Act that Congress passed last year did make the situation a 
little brighter for some of these struggling hospitals. It eases the 
transition from cost-based reimbursement to prospective payment for 
hospital outpatient services. It restores some of the cuts to 
disproportionate share payments, and it provides targeted relief for 
teaching hospitals and cancer and rehabilitation hospitals.
  I was proud to have been the prime advocate in the Senate for one of 
the provisions in that bill that restored the full inflation update for 
inpatient hospital services for sole community provider hospitals, 
those located primarily in rural areas that provide the only 
institutional care in a 35-mile geographic area. However, last year's 
bill was really just a start. I think we have all

[[Page 20856]]

heard from hospitals that they are really hurting. Hospitals are 
actually beginning to close, in Texas and all over the Nation. 
Independent estimates are that this trend will only get worse unless 
something is done.
  I and many of my colleagues in Congress continue to hear from 
hospital administrators, trustees, health professionals that they were 
struggling to maintain the quality and variety of health services in 
the face of mounting budget pressures. With the statutory and HCFA-
imposed cuts that they were seeing, many efficiently run hospitals 
began for the first time to run deficits and threaten closure. For many 
of these hospitals to close, particularly those in rural areas, would 
mean not only the loss of life-saving medical services to the residents 
of the area but also the loss of a core component of local communities. 
Jobs would be lost. Businesses would wither, and the sense of community 
and stability a local hospital brings would suffer.
  My colleague, Senator Spence Abraham of Michigan, and I began the 
task of looking for the best way to provide significant assistance to 
these hospitals to make sure the payments they were receiving for 
taking Medicare patients were fair and adequate to enable them to 
continue serving our Nation's seniors, and also to have the support 
they need to run their hospitals. We decided to try to expand the sole 
community provider hospital provision to all hospitals.
  The bill we have introduced will make sure that Medicare payments for 
inpatient services actually keep up with the rate of hospital 
inflation. We will restore the full 1.1 percent in scheduled reductions 
from the annual inflation updates for inpatient services called for by 
the Balanced Budget Act. Moreover, rather than just applying to a small 
group of hospitals, this legislation would benefit every hospital in 
America, providing an estimated $7.7 billion in additional Medicare 
payments over the next 5 years.
  Now, you may ask, where is that $7.7 billion going to come from? 
Well, when we passed the Balanced Budget Act, we projected savings of 
$110 billion over the 5-year period that should have occurred from the 
cuts we put in the Balanced Budget Act. But, in fact, instead of $110 
billion, we are now projecting $220 billion in savings. So the $7.7 
billion just for this part of the bill has already been saved, and $100 
billion more is estimated when you take into account the whole 5 years.
  So the bottom line is, we cut too much; we are going to restore part 
of those cuts; and we are still going to be approximately $100 billion 
ahead. So we will have saved $100 billion, as we intended to do, but we 
will restore the cuts that have caused such hardships to the hospitals 
throughout our country.
  The bill that is being considered by the House Ways and Means 
Committee contains a full 1-year restoration in the inflation update 
for hospitals. The pending Senate Finance Committee bill would restore 
the cuts in 2001, but it only delays the 2002 cuts until 2003. This is 
progress.
  I so appreciate Senator Roth and Senator Moynihan's efforts in the 
Senate Finance Committee. But I don't want to delay those cuts. I want 
to restore the cuts for the full 2 years. I hope that in the end we can 
go ahead and do that because these hospitals need to know that there is 
a stability in their budgeting, that they will be able to look at the 
restoration in the cuts for the next 2 years. They need to be able to 
plan. They need to know they will have the adequate funding for 
Medicare that they must have to give the services in the community and 
to support the hospital for all of the people and the health care needs 
of the community.
  So we are not doing anything that would bust the budget or go into 
deficits. The fact is, this is a refinement. We have cut $100 billion 
too much, and we are restoring $8 billion of that.
  In the bill that is being considered by the Senate Finance Committee, 
we also will strengthen the Medicare payments for the disproportionate 
share hospitals, for home health care agencies, for graduate medical 
education, and for Medicare+Choice plans. We are not out of the woods, 
but we are taking a major step in the right direction.
  I commend Senator Roth for his leadership of the committee, along 
with Senator Moynihan. I implore Congress to move swiftly on this very 
important legislation. We cannot go out of session without addressing 
the issue of keeping our hospitals from suffering disastrous cuts in 
Medicare--cuts that they cannot absorb and cuts that are not warranted. 
This is our responsibility, Mr. President.
  I thank my colleague, Senator Abraham, for helping me so much on this 
issue. He has been a leader. After listening to hospital personnel in 
his home State of Michigan, he came to me and said, ``We have to do 
something; let's do it together,'' and I said, ``Great,'' because we 
must act before we leave this year in Congress. We cannot go forward 
without addressing this very important issue for the hospitals and 
health care providers of our country.


                        Certification of Mexico

  Mrs. HUTCHISON. Mr. President, I want to speak briefly on a sense-of-
the-Senate resolution I have introduced on behalf of myself and 
Senators Grassley, Gramm, Kyl, Domenici, Dodd, Feinstein, Hollings, and 
Sessions.
  We have submitted this sense-of-the-Senate resolution to deal with 
the issue of the certification of Mexico. Several of us introduced a 
bill earlier in the session after the election of the new President of 
Mexico, Vicente Fox, to try to address the issue of two new 
administrations in both of our countries that will be faced with the 
automatic certification of the issue of how we are dealing with illegal 
drug trafficking as a bilateral effort in our two countries, but with 
two administrations that have not had time to sit down and come up with 
a plan that would cooperate fully in this very important effort.
  Since time is so short, we have come up with a sense-of-the-Senate 
resolution that I think will at least say it is the will of the Senate. 
If we can pass this before we adjourn sine die, I think it will be a 
major step in the right direction to give some relief to the two new 
Presidents who will be sworn in for both of our countries and to say, 
first of all, we in the Senate take this very seriously. One of the 
most important issues for our countries is dealing with illegal drug 
trafficking between Mexico and the United States. Realizing that 
neither President could be held accountable yet for the programs that 
should be put in place, we are going to have a 1-year moratorium.
  This is the sense-of-the-Senate resolution:

       Whereas Mexico will inaugurate a new government on 1 
     December 2000 that will be the first change of authority from 
     one party to another;
       Whereas the 2nd July election of Vincente Fox Quesada of 
     the Alliance for Change marks an historic transition of power 
     in open and fair elections;
       Whereas Mexico and the United States share a 2,000 mile 
     border, Mexico is the United States' second largest trading 
     partner, and the two countries share historic and cultural 
     ties;
       Whereas drug production and trafficking are a threat to the 
     national interests and the well-being of the citizens of both 
     countries;
       Whereas U.S.-Mexican cooperation on drugs is a cornerstone 
     for policy for both countries in developing effective 
     programs to stop drug use, drug production, and drug 
     trafficking; Now, therefore, be it
       Resolved,
       (a) The Senate, on behalf of the people of the United 
     States
       (1) welcomes the constitutional transition of power in 
     Mexico;
       (2) congratulates the people of Mexico and their elected 
     representatives for this historic change;
       (3) expresses its intent to continue to work cooperatively 
     with Mexican authorities to promote broad and effective 
     efforts for the health and welfare of U.S. and Mexican 
     citizens endangered by international drug trafficking, use, 
     and production.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the incoming new governments in both Mexico and the 
     United States must develop and implement a counterdrug 
     program that more effectively addresses the official 
     corruption, the increase in drug traffic, and the lawlessness 
     that has resulted from illegal drug trafficking, and that a 
     one-year waiver of the requirement that the President certify 
     Mexico is warranted to permit both new governments time to do 
     so.

  I appreciate very much Senator Grassley working with me on this

[[Page 20857]]

sense-of-the-Senate resolution. All of my cosponsors represent a 
bipartisan effort across the borders and across both sides of the 
aisle.
  Mr. President, I want to just say I went to Mexico leading a 
delegation of Members of Congress. It was the first congressional 
delegation to visit Mexico with the new President-elect, and we were 
able to sit down and visit with both President Zedillo, the President 
of Mexico, and the President-elect, Vicente Fox. I want to say how 
encouraged we were with the dynamism of President-elect Fox, with his 
absolute assurance that this drug issue is one of the most important of 
all the issues between our two countries, and they promised to work 
hand in hand with the new administration that will be elected in the 
United States in November, and with Members of Congress to do 
everything they can working with us to cooperate in stopping the cancer 
on both of our countries that this drug trafficking is causing.
  When we have a criminal element in Mexico and a criminal element in 
the United States, that is bad for both of our countries. It is preying 
on the ability of our country to have full economic freedom, to grow 
and prosper, and to have friendly relations across our borders. The 
drug trafficking issue is the big cloud over both of our countries. I 
believe that President-Elect Fox is going to pursue this vigorously.
  I also want to say that President Zedillo has taken major steps in 
that direction for his country. He, first of all, laid the groundwork 
for the democracy that clearly was shown in this last election. Instead 
of handpicking a successor and not allowing free primaries, he did the 
opposite. He allowed the free primaries and he said in every way they 
were going to have open and free elections. President Zedillo has made 
his mark on Mexico. He was a very important President for recognizing 
that the time had come for free and open elections in Mexico. He is to 
be commended, and I think he will go down in the history books as one 
of the great Presidents of Mexico.
  In addition, President Zedillo tried very hard to cooperate in the 
effort that we were making in drug trafficking. I would say that no one 
believes that we are nearly where we need to be in that regard. But I 
think he took some very important first steps.
  I see a ray of sunshine in Mexico. Our country to the South is a very 
important country to the United States. They are our friends. We share 
cultural ties. We share family ties.
  It is in all of our interests that we have the strongest bond between 
Mexico and the United States--just as we have with Canada and the 
United States. These are our borders. I have always said that I believe 
the strengthening of our hemisphere is going to be a win for all three 
of our countries.
  I want to go all the way through the tip of South America in our 
trading relations and in the building of all of our economies because I 
think that is our future. Our countries depend on each other. We are 
interdependent, and our friendship and our alliances will be important 
for the security and viability of all of our countries in the Western 
Hemisphere.
  I am very pleased that we have introduced this sense of the Senate. I 
urge my colleagues to help us pass this sense of the Senate so that we 
will be able, next session, to say that the Senate has spoken, and that 
we want to give some time to certification so that our countries can go 
forward with our two new Presidents and have a strong working 
relationship.
  Thank you, Mr. President. I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAIG. Mr. President, I ask unanimous consent I be allowed to 
speak for no more than 10 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Energy Policy

  Mr. CRAIG. Mr. President, my attention was drawn this morning to an 
article in the Washington Times where our Secretary of Energy, Bill 
Richardson, defends energy policy by saying something that I found 
fascinating, to the point of absurdity. He says, ``We are not in an 
energy crisis.''
  I am not quite sure how Mr. Richardson defines ``crisis,'' but I do 
know Mr. Richardson has recognized, at least for 12 months, a problem. 
Am I to understand that the reason for the absence of an energy policy 
in the Clinton administration is that we recognize a problem, but we 
are not going to do anything about it until it becomes a crisis?
  Home heating oil last year, in the Northeast, began at 80 cents to 90 
cents a gallon. It went to nearly $2 before that season was over. It 
was contracted this summer at $1.19, and it is now selling at $1.40. I 
call that a crisis if I am low income and I want a warm home this 
winter. I call it a crisis if I want to travel cross-country and I 
can't afford to fill my gas tank. I call it a crisis if I am a trucker 
and I can't up my contracts to absorb my fuel or energy costs and I 
must turn my truck back in, as thousands are now doing--turning their 
trucks back in on the lease programs under which they acquired them 
when they planned to move the commerce of America across this country.
  Mr. Secretary, earlier this year, you flew numerous times to the 
Middle East with a tin cup in hand, begging the sheiks of the OPEC 
nations to turn the valve on just a little bit and let out a little 
more oil, hopefully dropping the price of crude and therefore lowering 
the cost at the pump. For a moment in time it worked. Then the price 
started ratcheting up as the markets began to understand that what had 
happened was pretty much artificial and pretty much rhetorical in 
nature and that, in fact, the supplies had not increased to offset the 
demand.
  While all of that was going on, underneath the surface of this issue 
were a few basic facts. We have lost over 30 refineries in the last 
decade because they couldn't afford to comply with the Clean Air Act; 
they couldn't retrofit in a profitable way. They were not given tax 
credits and other tools because it was ``big oil'' and you dare not 
cause them any benefits that might ultimately make it to the 
marketplace so the consumer could ultimately benefit. Those refineries 
went down.
  Here we are at a time when the price of crude oil peaked and the Vice 
President ran to the President and said please release SPR, and that 
has been done, or at least it is now being organized to be done, and it 
may lower prices. Yet that was a Strategic Petroleum Reserve that was 
destined to be used only for a crisis. And the Secretary of Energy says 
no crisis. He himself said yesterday before the National Press Club 
there is no energy crisis in this country. But there was a crisis last 
week and the President agreed to release the oil out of SPR.
  I don't get it. I do not think I am that ignorant. I serve on the 
Energy Committee. We reviewed this. We have argued for a decade that 
there is a problem in the making, but this administration will not put 
down a policy, even though they see a problem, unless the problem 
becomes a crisis.
  But now there is not a crisis, so why are we releasing the Strategic 
Petroleum Reserve, which was designed not only for a crisis but for a 
national emergency, one that was inflicted upon us by a reduction or a 
stoppage of the flow of foreign crude coming into our economy that 
might put our economy at risk.
  The Secretary says we have a short-term problem and we will work it 
out in time.
  Mr. Secretary, what does ``working it out'' mean? Have you proffered 
or proposed a major energy policy before the Congress of the United 
States? No, you have not. Have you suggested an increase in production 
of domestic resources so we could lower our dependency on foreign oil? 
No, you have not, Mr. Secretary.
  So the American public ought to be asking of this administration, the 
Vice President, the President, and the Secretary of Energy: Mr. 
Secretary, Mr.

[[Page 20858]]

President, and Mr. Vice President, if there is no crisis, then why are 
you tapping the very reserves that we have set aside for a time of 
crisis? Somehow it doesn't fit.
  There were political allegations 3 or 4 weeks ago when the Vice 
President was asking the President to release the petroleum reserve. He 
was saying there was a crisis, or a near crisis. That got done. And 
yesterday,

       In remarks before the National Press Club, [Secretary] 
     Richardson said the ``political campaign'' was behind Gore's 
     accusations against [big] oil companies and that a surge in 
     demand for oil in the United States and abroad is the real 
     reason gasoline, heating-oil and natural-gas prices have 
     soared this year. ``We are not in an energy crisis.''

  Mr. Secretary, if you are traveling or if you are not wealthy and you 
have to pick up the 100 percent increased cost in your energy bills and 
your heating bills, I am going to tell you that is a crisis. But my 
guess is, it is typical of this administration, a problem is a problem 
until there is a crisis, and then you find a solution; 8 years without 
a solution to this problem spells crisis.
  I am sorry, Mr. Secretary, but your rhetoric doesn't fit the 
occasion, nor does it rectify the problem.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I ask unanimous consent to speak in 
morning business for 10 minutes, and I ask to be followed by the 
Senator from West Virginia, Mr. Rockefeller, who will speak on the same 
subject.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    The ``Captive Shipper'' Problem

  Mr. DORGAN. Mr. President, the Senator from West Virginia, Mr. 
Rockefeller and I, along with the Senator from Montana, Mr. Burns, have 
been working on legislation dealing with our railroad service in this 
country. We have introduced legislation, S. 621, entitled the Railroad 
Competition and Service Improvement Act which addresses problems 
associated with shippers who are ``captive'' or dependent on one 
railroad for their shipping needs. Mr. President, I have with me a 
letter from over 280 chief executive officers of American corporations 
writing about this subject.
  I ask unanimous consent it be printed in the Record following my 
presentation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. DORGAN. These CEOs of some of America's largest companies, and 
companies all across this country, join us expressing concern about 
what has happened to America's railroads. There is no competition in 
the railroad industry in this country. The deregulation of the rail 
industry occurred, now, over 20 years ago. At that point, we had 42 
class I railroads. Now we are down to only about four major railroad 
operations in this country--two in the East and two in the West. Rather 
than encouraging some competitive framework in the rail industry, the 
deregulation of the railroad industry has resulted in a handful of 
regional monopolies. They rely on bottlenecks to exert maximum power 
over the marketplace.
  These megarailroads dominate railroad traffic, generating 95 percent 
of the gross ton miles and nearly 94 percent of the revenues, and they 
control 90 percent of all coal movement in this country, 70 percent of 
all grain movement in America, and 88 percent of all chemical movement 
in this country.
  It is quite clear what consolidation has meant to all Americans. Let 
me give a practical example. If you are a farmer in my State of North 
Dakota and you want to sent a load of wheat to market and you put that 
load of wheat on a railcar in Bismarck, ND, and send it to Minneapolis, 
MN, a little over 400 miles, you will pay $2,300. If you are going to 
ship that same carload of wheat from Minneapolis to Chicago, about the 
same distance, you do not pay $2,300, you pay less than $1,000.
  Why the difference? Why are we charged more than double as North 
Dakotans to ship wheat about the same distance? Because there is no 
competition on the line from Bismarck to Minneapolis, but there is 
competition between Minneapolis and Chicago, so the prices are 
competitive. Where there is competition, there are lower rates. Where 
there is no competition, there are monopoly prices. They say to 
businesses and farmers: Here's the charge; if you don't like it, don't 
use our service.
  What other service exists? There is only one line, only one railroad. 
There is a monopoly service, and they are engaged in monopoly pricing, 
and we have no regulatory authority to say this is wrong.
  We have what are called ``captive shippers.'' These are Main Street 
businesses, family farmers, big companies, small companies, and they 
are held captive by the railroad companies that say to them: We have 
the rails, we have the cars, we have the company, and here's what the 
service is going to cost you; if you don't like it, tough luck.
  In the circumstance I just described, the railroad says to a North 
Dakota farmer: We're going to charge you double what we charge other 
people. Why? Because we choose to. Why? Because we want to; because we 
have the muscle to do it, and if you don't like it, take a hike.
  That is what is going on in this industry where there is no 
competition and where we have shippers being held captive all across 
this country.
  Do rail costs matter much to my part of the country? Let me give 
another example.
  Grain prices have collapsed. A farmer does not get much for grain 
these days. If you take wheat to an elevator in Minot, ND, that 
elevator pays about $2.40 a bushel for it, which is a pittance--it is 
worth a lot more than that--the cost to ship that $2.40 a bushel wheat 
to the west coast is nearly $1.20 a bushel. Half the value of that 
wheat on the west coast ends up being transportation costs by the 
railroad industry.
  How can they do that? It's pricing gouging and nobody can do much 
about it because there is no regulatory authority to say it is wrong. 
They hide behind the Staggers Rail Act which deregulated the railroads, 
gave them enormous power, and resulted in a substantial concentration. 
The result is, all across this country we have shippers who are now 
held captive, they are locked in by an industry that says: This is what 
we are going to charge you; if you don't like it, that's tough luck.
  What happens if someone believes this is really arbitrary, really 
unfair and they intend to complain about it? We had what was called the 
Interstate Commerce Commission. That was a group of folks who had died 
from the neck up. Nobody told them, but they were dead from the neck up 
and had one big rubber stamp down there. It said: ``Approved'' They had 
one big rubber stamp and one big ink pad. Whatever the railroads 
wanted, the ICC said: ``Approved.''
  We got rid of the ICC. Now we have a Surface Transportation Board, 
and we have someone at the Surface Transportation Board, Linda Morgan, 
to whom I pay a compliment. She put a moratorium on mergers. We had 
another proposal for a merger, and she slapped on a moratorium. That 
merger fell apart. Good for her. It is the first good sign of life for 
a long while among regulators. Good for her. But all of the merger 
damage is pretty well done. Linda Morgan is fighting a lonely battle at 
the Surface Transportation Board.
  Let me show you what happens when somebody files a complaint for 
unfair rail charges. You file a complaint, and here are the steps. 
First of all, you need to ante up some money. The filing fee for the 
standard procedure of complaint will be $54,000. It differs in some 
cases. If you have a beef with the railroad, first of all, understand 
you are taking on somebody with a lot more money and muscle than you 
have, No. 1. No. 2, you are going to pay a filing fee to file a 
complaint against the railroad freight rates, and then when you file 
the complaint, you ought to expect to live a long time because you are 
not going to get a result for a long, long time. In fact, some folks in 
Montana filed a complaint against a railroad. It took 17 years--17 
years--for the complaint to go through the process, and then it never 
really got resolved in a

[[Page 20859]]

 satisfactory way. That is why rail shippers understand it does not 
make much sense to take the railroads on.
  You have the railroad with the muscle to make these things stick, and 
then you have regulators who have largely been braindead for a long, 
long time and do not want to do much. The exception again is we have a 
new Surface Transportation Board. Linda Morgan showed some courage, so 
there is some hope with the current STB.
  What is happening in this country must change. Senator Rockefeller, 
who has been a leader on this issue, and I have held hearings on it. We 
both serve on the Senate Commerce Committee. We are joined by Senator 
Burns in our efforts. It is a bipartisan effort.
  We want to pass the S. 621, but we are not going to get it done by 
the end of this year. What we are hoping for is that the 280 plus CEOs 
of companies across this country, large and small, who wrote this 
letter saying they are sick and tired of being held captive by shipping 
rates imposed by railroads that are noncompetitive--a rate that does 
not often relate to value for service--will get the attention in 
Congress that they deserve. We hope these CEOs continue to weigh in, in 
a significant way, with those who matter in this Congress to say: 
``Let's do something serious about this issue.'' This is a tough issue 
but it is one Congress has a responsibility to tackle.
  I pay credit to my colleague from West Virginia, Senator Rockefeller. 
He has been working on this issue for a long time. I have been 
privileged to work with him. We know that which is worth doing takes 
some time to get done often, but we are not going to quit. The message 
to the 280 companies that have signed this letter, the message to our 
friends in Congress is: We have a piece of legislation that tries to 
tackle this issue of monopoly concentration and inappropriate pricing 
in the railroad industry. It tackles the issue on behalf of captive 
shippers all across this country--family farmers and Main Street 
businesses and others--and we are not going to quit.
  We hope as we turn the corner at the start of this next Congress that 
we will be able to pass legislation that will give some help and some 
muscle to those in this country who are now paying too much. They 
expect to be able to operate in a system that has competition as a 
regulator in the free market, and that has not existed in the rail 
industry for some long while.
  I yield the floor, and I believe my colleague from West Virginia will 
also have some things to say.

                               Exhibit 1

                                               September 26, 2000.
     Hon. John McCain,
     Chairman, Senate Commerce Committee,
     Washington, DC.
     Hon. Ernest Hollings,
     Ranking Member, Senate Commerce Committee,
     Washington, DC.
       Dear Chairman McCain and Senator Hollings: We are writing 
     to ask that shipper concerns with current national rail 
     policy be given priority for Commerce Committee action next 
     Congress. The Staggers Rail Act was enacted in 1980 with the 
     goal of replacing government regulation of the railroads with 
     competitive market forces. Since that time, the structure of 
     the nation's rail industry has changed dramatically. Where 
     there were 30 Class I railroad systems operating in the U.S. 
     in 1976, now there are only seven. While major railroads in 
     North America appear poised to begin another round of 
     consolidations in the near future, the Surface Transportation 
     Board continues to adhere to policies that hamper rail 
     competition. Structural changes in the rail industry combined 
     with STB policies have stopped the goal of the Staggers Rail 
     Act dead in its tracks.
       We depend on rail transportation for the cost-effective, 
     efficient movement of raw materials and products. The quality 
     and cost of rail transportation directly affects our ability 
     to compete in a global marketplace, generate low cost energy, 
     and contribute to the economic prosperity of this nation. 
     Current rail policies frustrate these objectives by allowing 
     railroads to prevent competitive access to terminals, 
     maintain monopolies through ``bottleneck pricing,'' and 
     hamper the growth of viable short line and regional railroads 
     through ``paper barriers.''
       We applaud the Commerce Committee's leadership on behalf of 
     consumers concerning proposed mergers in the airline 
     industry. America's rail consumers also need your support and 
     leadership to respond effectively to the dramatic changes 
     that are underway in the rail industry. Bipartisan 
     legislation is currently pending in both the Senate and House 
     of Representatives that takes a modest, effective approach in 
     attempting to remove some of the most critical impediments to 
     competition. Please work with us and take the steps that are 
     needed to create a national policy that ensures effective, 
     sustainable competition in the rail industry.
           Sincerely,
       Fred Webber, President and CEO, American Chemistry Council;
       Glenn English, CEO, National Rural Electric Cooperative 
     Association;
       Alan Richardson, Executive Director, American Public Power 
     Association;
       Tom Kuhn, President, Edison Electric Institute;
       Henson Moore, President and COE, American Forest and Paper 
     Association;
       Kevern R. Joyce, Chairman, President and CEO, Texas-New 
     Mexico Power Company;
       Jeffrey M. Lipton, President and CEO, NOVA Chemicals 
     Corporation;
       Robert N. Burt, Chairman and CEO, FMC Corporation;
       Allen M. Hill, President and CEO, Dayton Power and Light 
     Company;
       Paul J. Ganci, Chairman and CEO, Central Hudson Gas & 
     Electric Corporation;
       David T. Flanagan, President and CEO, CMP Group, Inc;
       Charles F. Putnik, President, CONDEA Vista Company;
       Thomas S. Richards, Chairman, President and CEO, RGS Energy 
     Group, Inc;
       W. Peter Woodward, Senior Vice President, Chemical 
     Operations, Kerr-McGee Chemical LLC;
       Phillip D. Ashkettle, President and CEO, M.A. Hanna 
     Company;
       Eugene R. McGrath, Chairman, President and CEO, 
     Consolidated Edison, Inc.;
       David M. Eppler, President and CEO, Cleco Corporation;
       Robert B. Catell, Chairman and CEO, KeySpan Energy;
       Thomas L. Grennan, Executive VP, Electric Operations, 
     Western Resources, Inc,;
       Joseph H. Richardson, President and CEO, Florida Power 
     Corporation;
       Wayne H. Brunetti, President and CEO, Xcel Energy, Inc.;
       Myron W. McKinney, President and CEO, Empire District 
     Electric Company;
       Erle Nye, Chairman, TXU Corporation;
       Corbin A. McNeill, Jr., Chairman, President and CEO, PECO 
     Energy Company;
       James E. Rogers, Vice Chairman, President and CEO, Cinergy 
     Corp.;
       Stanley W. Silverman, President and CEO, The PQ 
     Corporation;
       Robert Edwards, President, Minnesota Power;
       William G. Bares, Chairman and CEO, The Lubrizol 
     Corporation;
       Stephen M. Humphrey, President and CEO, Riverwood 
     International;
       Thomas A. Waltermire, Chairman and CEO, The Geon Company;
       James R. Carlson, Vice President, Flocryl Inc.;
       John M. Derrick, Jr., Chairman and CEO, Pepco;
       David D. Eckert, Executive Committee Member, Rhodia Inc.;
       Frederick F. Schauder, Ltd., CFO and HD of Business Service 
     Center, Lonza Group, Ltd.;
       Marvin W. Zima, President, OMNOVA Solutions Performance 
     Chemicals;
       Simon H. Upfill-Brown, President, and CEO, Haltermann, 
     Inc.;
       Thomas A. Sugalski, President, CXY Chemicals, USA;
       John L. MacDonald, Chairman and President, JLM Industries 
     Inc.;
       David A. Wolf, President, Perstorp Polyols, Inc.;
       Roger M. Frazier, Vice President, Pearl River Polymers 
     Inc.;
       Yoshi Kawashima, Chairman and CEO, Reichhold, Inc.;
       Geroge F. MacCormack, Group Vice President, Chemicals and 
     Polyester, DuPont;
       C. Bert Knight, President and CEO, Sud-Chemie Inc.;
       James A. Cederna, President and CEO, Calgon Carbon 
     Corporation;
       Bernard J. Beaudoin, President, Kansas City Power and 
     Light;
       William S. Stavropoulos, President and CEO, The Dow 
     Chemical Company;
       Andrew J. Burke, President and CEO, Degussa-Huls 
     Corporation;
       Geroge A. Vincent, Chairman, President & CEO, The C.P. Hall 
     Company;
       William Cavanaugh, III, Chairman, President and CEC, 
     Carolina Power & Light Company;
       Richard B. Priory, Chairman, President and CEO, Duke Energy 
     Corporation;
       Howard E. Cosgrove, Chairman, President and CEO, Conectiv;
       Gary L. Neale, Chairman, president and CEO, NiSource Inc.;
       Robert L. James, President & CEO, Jones-Hamilton Co.;
       Vincent A. Calarco, Chairman, President and CEO, Crompton 
     Corporation;
       Earnest W. Deavenport, Jr., Chairman and CEO, Eastman 
     Chemical Company;
       Reed Searle, General Manager, Intermountain Power Agency;

[[Page 20860]]

       Robert Roundtree, General Manager, City Utilities of 
     Springfield, MO;
       Walter W. Hasse, General Manager, Jamestown Board of Public 
     Utilities;
       Glenn Cannon, General Manager, Waverly Iowa Light and 
     Power;
       Jeffrey L. Nelson, General Manager, East River Electric 
     Power Cooperative;
       Mike Waters, President, Montana Grain Growers Association;
       Terry F. Steinbecker, President & CEO, St. Joseph Light & 
     Power Company;
       Hugh T. McDonald, President, Entergy Arkansas, Inc.;
       Dave Westbrock, General Manager, Heartland Consumers Power;
       David M. Radtcliffe, President & CEO, Georgia Power 
     Company;
       Stephen B. King, President and CEO, Tomah3 Products, Inc.;
       Donald W. Griffin, Chairman, President and CEO, Olin 
     Corporation;
       Ian MacMillan, Technical Manager, Octel-Starreon LLC;
       Martin E. Blaylock, Vice President, Manufacturing 
     Operations, Monsanto Company;
       G. Ashley Allen, President, Milliken Chemical, Division of 
     Milliken & Co.;
       Dwain S. Colvin, President, Dover Chemical Corporation;
       Bill W. Waycaster, President and CEO, Texas Petrochemicals 
     LP;
       David C. Hill, President and CEO, Chemicals Division, J.M. 
     Huber Corporation;
       Mark P. Bulriss, Chairman, President and CEO, Great Lakes 
     Chemical Corporation;
       Michael E. Ducey, President and CEO, Borden Chemical, Inc.;
       Chuck Carpenter, President, North Pacific Paper Co.;
       Richard R. Russell, President and CEO, GenTek Inc.; General 
     Chemical Corporation;
       John T. Files, Chairman of the Board, Merichem Company;
       John C. Hunter, Chairman, President and CEO, Solutia Inc.;
       William M. Landuyt, Chairman and CEO, Millennium Chemicals, 
     Inc.;
       Kevin Lydey, President and CEO, Blandin Paper Company Inc.;
       J. Roger Harl, President and CEO, Occidental Chemical 
     Corporation;
       Rajiv L. Gupta, Chairman and CEO, Rohm and Haas Company;
       Sunil Kumar, President and CEO, International Specialty 
     Products;
       Kenneth L. Golder, President and CEO, Clariant Corporation;
       Michael Fiterman, President and CEO, Liberty Diversified 
     Industries;
       Nicholas R. Marcalus, President and CEO, Marcal Paper Mills 
     Inc.;
       Charles H. Fletcher, Jr., Vice President, Neste Chemicals 
     Holding Inc.;
       William J. Corbett, Chairman and CEO, Silbond Corporation;
       Robert Betz, President, Cognis Corporation;
       Arnold M. Nemirow, Chairman and CEO, Bowater Inc.;
       Harry J. Hyatt, President, Sasol North America;
       Eugene F. Wilcauskas, President and CEO, Specialty Products 
     Division, Church & Dwight Co., Inc.;
       Robert C. Buchanan, Chairman and CEO, Fox River Paper Co.;
       David W. Courtney, President and CEO, CHEMCENTRAL 
     Corporation;
       Joseph F. Firlit, President and CEO, Soyland Power 
     Cooperative;
       Ronald Harper, CEO and General Manager, Dakota Coal Company 
     and Dakota Gasification Co.;
       Richard Midulla, Executive VP and General Manager, Seminole 
     Electric Cooperative, Inc.;
       Dan Wiltse, President, National Barley Growers Association;
       William L. Berg, President and CEO, Dairyland Power 
     Cooperative;
       Charles L. Compton, General Manager, Saluda River Electric 
     Cooperative;
       Don Kimball, CEO, Arizona Electric Power Cooperative, Inc.;
       Gary Smith, President and CEO, Alabama Electric 
     Cooperative, Inc.;
       Stephen Brevig, Executive VP and General Manager, NW Iowa 
     Power Cooperative;
       Frank Knutson, President and CEO, Tri-State G and T 
     Association, Inc.;
       Robert W. Bryant, President and General Manager, Golden 
     Spread Electric Cooperative;
       Marshall Darby, General Manager, San Miguel Electric 
     Cooperative, Inc.;
       Thomas W. Stevenson, President and CEO, Wolverine Power 
     Supply Cooperative;
       Kimball R. Rasmussen, President and CEO, Deseret G and T 
     Cooperative;
       Thomas Smith, President and CEO, Oglethorpe Power 
     Corporation;
       Evan Hayes, President, Idaho Grain Producers Association;
       Gary Simmons, Chairman, Idaho Barley Commission;
       Randy Peters, Chairman, Nebraska Wheat Board;
       Terry Detrick, President, National Association of Wheat 
     Growers;
       Leland Swenson, President, National Farmers Union;
       Frank H. Romanelli, President and CEO, Metachem Products, 
     L.L.C.;
       Frederick W. Von Rein, Vice President, GM Fisher Chemical, 
     Fisher Scientific Company LLC;
       Raymond M. Curran, President and CEO, Smurfit Stone 
     Container Corp.;
       Floyd D. Gottwald, Jr., Chairman and CEO, Albemarle 
     Corporation;
       Richard G. Bennett, President, Shearer Lumber Products;
       John Begley, President and CEO, Port Townsend Paper 
     Company;
       Gregory T. Cooper, President and CEO, Cooper Natural 
     Resources;
       Mark J. Schneider, Chief Executive Officer, Borden 
     Chemicals and Plastics;
       Kees Verhaar, President and CEO, Johnson Polymer;
       L. Ballard Mauldin, President, Chemical Products 
     Corporation;
       George M. Simmons, President of First Chemical Corporation, 
     ChemFirst Inc;
       Christopher T. Fraser, President and CEO, OCI Chemical 
     Corporation;
       Gerhardus J. Mulder, CEO and Vice Chairman of the Board, 
     Felix Schoeller Technical Papers, Inc.;
       John F. Trancredi, President, North American Chemical Co., 
     IMC Chemicals Inc.;
       Christian Maurin, Chairman and CEO, Nalco Chemical Company;
       Nicholas P. Trainer, President, Sartomer Company, Inc.;
       Thomas H. Johnson, Chairman, President, and CEO, Chesapeake 
     Corporation;
       Gordon Jones, President and CEO, Blue Ridge Paper Products 
     Inc.;
       David Lilley, Chairman, President and CEO, Cytec Industries 
     Inc.;
       Mario Concha, Vice President, Chemical & Resins, Georgia-
     Pacific Corporation;
       Duane C. McDougall, President and CEO, Willamette 
     Industries, Inc.;
       Kennett F. Burnes, President and COO, Cabot Corporation;
       Aziz I. Asphahani, President and CEO, Carus Chemical 
     Company;
       Thomas M. Hahn, President and CEO, Garden State Paper 
     Company;
       Dan F. Smith, President and CEO, Lyondell Chemical Company;
       Frank R. Bennett, President, Bennett Lumber Products Inc.;
       Joseph G. Acker, President, Hickson Dan Chemical 
     Corporation;
       James F. Akers, President, The Crystal Tissue Company;
       Lee F. Moisio, Executive Vice President, Vertex Chemical 
     Corporation;
       Richard G. Verney, Chairman and CEO, Monadnock Paper Mills, 
     Inc.;
       Helge H. Wehmeier, President and CEO, Bayer Corporation;
       Michael Flannery, Chairman and CEO, Pope and Talbot, Inc.;
       R. P. Wollenberg, Chairman and CEO, Longview Fiber Company;
       Michael T. Lacey, President and COO, Ausimont USA, Inc.;
       Michael J. Kenny, President, Laporte Inc.;
       Jean-Pierre Seeuws, President and CEO, ATOFINA 
     Petrochemicals, Inc.;
       Michael J. Ferris, President and CEO, Pioneer Americas, 
     Inc.;
       Edward A. Schmitt, President and CEO, Georgia Gulf 
     Corporation;
       Peter A. Wriede, President and CEO, EM Industries, Inc.;
       Fred G. von Zuben, President and CEO, The Newark Group;
       Paul J. Norris, Chairman, President and CEO, W.R. Grace & 
     Co.;
       George H. Glatfelter II, Chairman, President and CEO, P.H. 
     Glatfelter Company;
       Larry M. Games, Vice President, Procter & Gamble;
       David C. Southworth, President, Southworth Company;
       Harvey L. Lowd, President, Kao Specialties Americas LLC;
       Richard Connor, Jr., President, Pine River Lumber Co., 
     Ltd.;
       William Wowchuk, President, Eaglebrook, Inc.;
       W. Lee Nutter, Chairman, President and CEO, Rayonier;
       Robert Carr, President and Chief Operating Officer, 
     Schenectady International, Inc.;
       Robert Strasburg, President, Lyons Falls Pulp & Paper, 
     Inc.;
       J. Edward, CEO, Gulf States Paper Corporation;
       Gorton M. Evans, President and CEO, Consolidated Papers, 
     Inc.;
       John K. Robinson, Group Vice President, BP Amoco p.l.c.;
       David J. D'Antoni, Sr. Vice President and Group Operating 
     Officer, Ashland Inc.;
       Pierre Monahan, President and CEO, Alliance Forest 
     Products, Inc.;
       Peter Oakley, Chairman and CEO, BASF Corporation;
       Charles K. Valutas, Sr. Vice President and Chief 
     Administrative Officer, Sunoco, Inc.;
       Leroy J. Barry, President and CEO, Madison Paper 
     Industries;
       Norman S. Hansen, Jr., President, Monadnock Forest 
     Products, Inc.;
       Dan M. Dutton, CEO, Stinson Lumber Company;
       Michael L. Kurtz, General Manager, Gainesville Regional 
     Utilities;
       William P. Schrader, President, Salt River Project,
       Jim Harder, Director, Garland Power and Light;
       Gary Mader, Utilities Director, City of Grand Island, 
     Nebraska;
       Robert W. Headden, Electric Superintendent, City of 
     Escanaba, Michigan;

[[Page 20861]]

       Darryl Tveitakk, General Manager, Northern Municipal Power 
     Agency;
       Steven R. Rogel, Chairman, President and CEO, Weyerhaeuser 
     Company;
       John T. Dillon, Chairman and CEO, International Paper 
     Company;
       Roy Thilly, CEO, Wisconsin Public Power, Inc.;
       Tom Heller, CEO, Missouri River Energy Services;
       Charles R. Chandler, Vice Chairman, Greif Bros Corp.;
       Rudy Van der Meer, Member, Board of Management, Akzo Nobel 
     Chemicals Inc.;
       William B. Hull, President, Hull Forest Products, Inc.;
       Larry M. Giustina, General Manager, Giustina Land and 
     Timber Co.;
       Daniel S. Sanders, President, ExxonMobil Chemical Company;
       Thomas E. Gallagher, Sr. Vice President, Coastal Paper 
     Company;
       F. Casey Wallace, Sales Manager, Allegheny Wood Products 
     Inc.;
       Terry Freeman, President, Bibler Bros Lumber Company;
       William Mahnke, Vice President, Duni Corporation;
       Neil Carr, President, Elementis Specialties;
       Chris A. Robbins, President, EHV Weidmann Industries Inc.;
       James Lieto, President, Chevron Oronite Company LLC;
       Marvin A. Pombrantz, Chairman and CEO, Baylord Container 
     Corp.;
       M. Glen Bassett, President, Baker Petrolite Corporation;
       Glen Duysen, Secretary, Sierra Forest Products;
       Kent H. Lee, Senior Vice President of Speciality Chemicals, 
     Ferro Corporation;
       James L. Burke, President and CEO, SP Newsprint Company;
       Dana M. Fitzpatrick, Executive Vice President, Fitzpatrick 
     and Weller, Inc.;
       Bert Martin, President, Fraser Papers Inc.;
       Carl R. Soderlind, Chief Executive Officer, Golden Bear Oil 
     Specialties;
       Charles L. Watson, Chairman and CEO, Dynegy, Inc.;
       Alan J. Noia, Chairman, President and CEO, Allegheny 
     Energy;
       Ronald D. Earl, General Manager and CEO, Illinois Municipal 
     Electric Agency;
       Steven Svec, General Manager, Chillicothe Municipal 
     Utilities;
       Michael G. Morris, Chairman, President and CEO, Northeast 
     Utilities;
       Jay D. Logel, General Manager, Muscatine Power and Water;
       Robert A. Voltmann, Executive Director & Chief Executive 
     Officer, Transportation Intermediaries Association;
       Andrew E. Goebel, President and Chief Operating Officer, 
     Vectren Corporation;
       Bob Johnston, President and CEO, Municipal Electric 
     Authority of Georgia;
       Rick Holly, President, Plum Creek;
       A.D. Correll, Chairman and CEO, Georgia-Pacific 
     Corporation;
       Robert M. Owens, President and CEO, Owens Forest Products;
       Charles E. Platz, President, Montell North America Inc.;
       Nirmal S. Jain, President, BaerLocher USA;
       Will Kress, President, Green Bay Packaging Inc.;
       Stanley Sherman, President and CEO, Ciba Specialty 
     Chemicals Corporation;
       Charles A. Feghali, President, Interstate Resources Inc.;
       Charles H. Blanker, President, Esleeck Manufacturing 
     Company, Inc.;
       Dennis H. Reilley, President and CEO, Praxair, Inc.;
       Vohn Price, President, The Price Company;
       Lawrence A. Wigdor, President and CEO, Kronos, Inc.;
       Eric Lodewijk, President and Site Manager, Roche Colorado 
     Corporation;
       James L. Gallogly, President and CEO, Chevron Phillips 
     Chemical Company;
       Takashi Fukunaga, General Manager, Specialty Chemicals, 
     Mitsui & Co. (USA), Inc.;
       James A. Mack, Chairman and CEO, Cambrex Corporation;
       F. Quinn Stepan, Sr., Chairman and CEO, Stepan Company;
       John R. Danzeisen, Chairman, ICI Americas Inc.;
       Harold A. Wagner, Chairman and CEO, Air Products and 
     Chemicals, Inc.;
       Bernard J. Darre, President, The Shepherd Chemical Company;
       Frank A. Archinaco, Executive Vice President, PPG 
     Industries, Inc.;
       Gary E. Anderson, President and CEO, Dow Corning 
     Corporation;
       David S. Johnson, President and CEO, Ruetgers Organics 
     Corporation;
       Whitson Sadler, President and CEO, Solvay America, Inc.;
       Peter L. Acton, General Manager, Arizona Chemical Company;
       Wallace J. McCloskey, President, The Norac Company, Inc.;
       Gregory Bialy, President and CEO, RohMax USA, Inc.;
       Arthur R. Sigel, President and CEO, Velsicol Chemical 
     Corporation;
       H. Patrick Jack, President and CEO, Aristech Chemical 
     Corporation;
       Michael E. Campbell, Chairman and CEO, Arch Chemicals, 
     Inc.;
       James B. Nicholson, President and CEO, PVS Chemicals, Inc.;
       D. George Harris, Chairman, D. George Harris and 
     Associates;
       James E. Gregory, President, Dyneon LLC;
       Toshihoko Yoshitomi, President, Mitsubishi Chemical America 
     Inc.;
       William H. Joyce, Chairman, President & CEO, Union Carbide 
     Corporation;
       Kenneth W. Miller, Vice Chairman, Air Liquide America 
     Corporation;
       Norman Blank, Senior Vice President, Research & 
     Development, Sika Corporation;
       Edward W. Kissel, President and COO, OM GROUP, INC.;
       Mario Meglio, Director of Marketing, Kuehne Chemical 
     Company, Inc.;
       Jerry L. Golden, Executive Vice President-Americas, Shell 
     Chemical Company;
       Thomas E. Reilly, Jr., Chairman and CEO, Reilly Industries, 
     Inc.;
       Joseph F. Raccuia, CEO, Encore Paper Company, Inc.;
       Alex Kwader, President and CEO, Fibermark;
       John A. Luke, Jr., Chairman and CEO, Westvaco Corporation;
       George J. Griffith, Jr., Chairman and President, Merrimac 
     Paper Co.;
       George Harad, Chairman and CEO, Boise Cascade Corporation;
       L. Pendleton Siegel, Chairman and CEO, Potlatch 
     Corporation;
       Monte R. Haymon, President and CEO, Sappi Fine Paper;
       George D. Jones III, President, Seaman Paper Company, Inc.;
       Jon M. Huntsman, Sr., Chairman, Huntsman Corporation;
       Jerry Tatar, Chairman and CEO, The Mead Corporation;
       Larry L. Weyers, Chairman, President and CEO, WPS Resources 
     Corporation;
       Jan B. Packwood, President and CEO, IDACORP, Inc.;
       E. Linn Draper, Jr., Chairman, President and CEO, American 
     Electric Power;
       Steven E. Moore, Chairman, President and CEO, OGE Energy 
     Corp.;
       John MacFarlane, Chairman, President and CEO, Otter Tail 
     Power Company;
       H. Peter Burg, Chairman and CEO, First Energy Corp.;
       John Rowe, Chairman, President and CEO, Unicom Corporation;
       Erroll B. Davis, Jr., Chairman, President and CEO, Alliant 
     Energy Corporation;
       Alan Richardson, President and CEO, PacifiCorp;
       William F. Hecht, Chairman, President and CEO, PPL 
     Corporation;
       Bob Stallman, President, American Farm Bureau Federation;
       William Rodecker, Director, Occupational Health, Safety & 
     Environmental Affairs, Eli Lilly and Company.
                                  ____

  The PRESIDING OFFICER (Mr. Fitzgerald). The Senator from New Jersey.


                    ALS Treatment And Assistance Act

  Mr. TORRICELLI. Mr. President, all of us in our public lives on 
occasion meet an individual under circumstances and remains with us. 
They are so powerful in their impact that they haunt us and, if we are 
true to our responsibilities, also lead us to involvement. It could be 
circumstances of a struggling family attempting to pay their bills. It 
could be someone in enormous physical or emotional distress.
  I rise today because 3 years ago I met a young family from Burlington 
County, NJ, who had exactly this impact on me, my life, and my own 
service in the Senate.
  Kevin O'Donnell was 31 years old, a devoted father who was skiing 
with his daughter one weekend, when he noticed a strange pain in his 
leg. It persisted, which led him to visit his family doctor. Here, he 
was shocked to learn, despite his apparent good health, the vibrancy of 
his own life and his young age, that he had been stricken with ALS, 
known to most Americans as Lou Gehrig's disease.
  We are fortunate that ALS is a very rare disorder. It affects 30,000 
individuals in our Nation, with an additional 5,000 new cases diagnosed 
every year. We should be grateful it is so rare because the impact on 
an individual and their health and their family is devastating. Indeed, 
there are few diseases that equal the impact of ALS on an individual.
  It is, of course, a neurological disorder that causes the progressive 
degeneration of the spinal cord and the brain. Muscle weakness, 
especially in the arms and legs, leads to confinement to a wheelchair. 
In time, breathing becomes impossible and a respirator is needed. 
Swallowing becomes impossible. Speech becomes nearly impossible. Muscle 
by muscle, legs to arms to chest to throat, all motor activity of the 
body shuts down.
  While ALS usually strikes people who are over 50 years old, indeed, 
there

[[Page 20862]]

are many cases of young people being afflicted with this disease. Once 
the disease strikes, life expectancy is 3 to 5 years. But the 
difficulty is, life expectancy is not measured from diagnosis; it is 
measured from the first symptoms.
  Diagnosing ALS is very difficult. What can appear as a pain in the 
leg can be overlooked for months. Muscle disorders can be ignored for a 
year. Doctors have a difficult time diagnosing Lou Gehrig's disease.
  Not surprisingly, after diagnosed, the financial burdens are 
enormous. Work is impossible. Twenty-four hour care is likely. 
Wheelchairs, respirators, nursing care can easily cost between 
$200,000, to a quarter of a million dollars a year.
  Families struggle with this financial burden while they are also 
struggling with the certainty of death at a young age.
  This leads me to the responsibilities of this institution.
  Patients with ALS must wait 2 years before becoming eligible for 
Medicare. For 2 years--no help, no funds, no assistance. As a result, 
17,000 ALS patients currently are ineligible for Medicare services. And 
thousands of these individuals will die having never received one penny 
of Medicare assistance. Their death from ALS is a foregone conclusion. 
It could come in a year or 2 years or 3, but we are requiring a 2-year 
waiting period before there is any assistance.
  Clearly, ALS, the problems of diagnosis, the certainty of death, the 
rapid deterioration of the human body, was not considered with this 2-
year waiting period.
  Nearly 3 years ago, I first introduced legislation that would 
eliminate the 24-month waiting period for ALS from Medicare. Most of 
the people who were with me that day here in the Senate when we 
introduced this legislation are now dead. Most of them never received 
any Medicare assistance. Only I remain, having been there that day 
offering this legislation again to bring help to these people.
  But their agony and the burdens on their families have now been 
succeeded by thousands of others, who at the time probably had never 
heard of ALS disease, certainly did not know that Medicare, upon which 
their families had come to rely, would be out of reach to them in such 
a crisis.
  The ALS Treatment and Assistance Act, since that day, has enjoyed 
bipartisan support, with 28 cosponsors in the Senate, 12 Republicans 
and 16 Democrats. In the House of Representatives, 280 Democrats and 
Republicans have cosponsored the legislation.
  This spring, the Senate unanimously adopted this legislation as part 
of the marriage penalty tax bill, which, of course, did not become law.
  Both Houses, both parties have responded to this terrible situation.
  Two weeks ago, when Senator Moynihan and Senator Daschle introduced 
S. 3077, the Balanced Budget Refinement Act of 2000, I was very proud 
that the ALS provision was included in their legislation. Last 
Wednesday, the ALS waiver was included in the balanced budget 
refinement legislation approved by the House Commerce Committee. So 
there is still hope.
  As every Member of this institution knows, the calendar is late. 
Regretfully, we are again at a time of year when the legislative 
process ceases to work as it is taught in textbooks across the country. 
There will not be an opportunity for me to advocate this legislation 
for ALS patients by offering an amendment on the Senate floor to the 
Medicare package developed by the Finance Committee. That option is 
simply not going to exist under the procedures and the calendar of the 
Senate.
  I am, therefore, left with the following circumstances. Having lost 
many of those ALS patients, on whose behalf I originally began this 
effort, a new group of families are now helping me across the country. 
They, too, have a year or two remaining in their lives and need this 
help.
  If I can succeed in getting this provision, with the support of my 
colleagues, in the balanced budget refinements that ultimately will be 
passed by this Senate, for those people before their deaths, there is 
still hope. If I fail, then these people, too, will expire before they 
get any assistance from the Government.
  I do not know of an argument not to pass this legislation. I do not 
know of a point that any Senator in any party, at any time, could make, 
to argue on the merits, that these ALS patients should not get a waiver 
under Medicare, in the remaining months or years of their lives, to get 
some financial assistance.
  The unanimous support of the Senate previously, I think, is testament 
to the fact that we are of one mind. I simply now would like to ask my 
colleagues, in these final days, knowing that there will be a Medicare 
balanced budget refinement bill, that this provision be included.
  I also, Mr. President, ask unanimous consent to have printed in the 
Record a copy of the letter that was sent to Chairman Roth last week, 
signed by 16 of my colleagues in the Senate, Democrats and Republicans, 
asking for inclusion of the ALS legislation in a balanced budget 
refinement package.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                  U.S. Senate,

                               Washington, DC, September 25, 2000.
     Hon. William V. Roth,
     Chairman, Senate Finance Committee,
     Washington, DC.
       Dear Chairman Roth: As the Finance Committee prepares to 
     mark-up a Balanced Budget Act refinement package for Medicare 
     providers, we urge your support for the inclusion of an 
     important provision of S. 1074, the Amyotrophic Lateral 
     Sclerosis Treatment Act. This provision would eliminate the 
     24-month waiting period for Medicare which prevents ALS 
     patients from receiving the immediate care they desperately 
     need.
       As you know, ALS is a fatal neurological disorder that 
     affects 30,000 Americans. Its progression results in total 
     paralysis, leaving patients without the ability to move, 
     speak, swallow or breathe and therefore totally dependent on 
     care givers for all aspects of life. Without a cure or any 
     effective treatment, the life expectancy of an ALS patient is 
     only three to five years.
       A common problem for individuals stricken with ALS is that, 
     due to the progressive nature of the disease and the lack of 
     any diagnostic tests, a final diagnosis is often made after a 
     year or more of symptoms and searching for answers. This 
     delay results in a loss of valuable time that could have been 
     spent in starting treatment early. Once a diagnosis is 
     finally made, the tragedy is needlessly worsened by 
     Medicare's 24-month waiting period which forces ALS patients 
     to wait until the final months of their illness to receive 
     care.
       Eliminating this unfair restriction for ALS patients enjoys 
     strong bipartisan support in the Senate and the House. In 
     fact, the House version of this bill has the support of 280 
     co-sponsors. Including this legislation in a BBA refinement 
     package will represent a first real step toward improving the 
     quality of life for Americans stricken with ALS. We look 
     forward to working with you, and appreciate your 
     consideration of this important legislation.
           Sincerely,

  Mr. TORRICELLI. Mr. President, I thank you for the time and I thank 
my colleagues for their indulgence. I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. ROCKEFELLER. First, I would like to comment on the comments that 
were made by Senator Torricelli from New Jersey. I thought they were 
profound, moving, and obviously urgent.
  What I regret to have to report to him is that the Senate Finance 
Committee, on which I serve on the minority side, has concluded there 
will be no markup. There will with no markup on the balanced budget 
amendment. So this is very sad. This is part of the denigration of the 
process of this entire institution.
  There is no health care legislation that has come out of the Finance 
Committee, or anywhere else, in the last 2 years. We could go through 
that litany.
  But I want to report my profound discouragement to the Senator that 
we were told yesterday there would be no markup, no markup on the one 
thing that we could do to help not only the people you are talking 
about but all the hospitals and hospices and skilled nursing 
facilities, home health agencies in our States which are suffering.
  So we have to rely on the good will of the President when he meets 
with leaders, Republican leaders. Hopefully, maybe a Democrat will be 
included in that meeting. Maybe something can happen.

[[Page 20863]]

  But this is where we have arrived at in this institution. It is 
unfortunate. It is wretched. It has a terrible consequence for the 
people who you so movingly and eloquently talked about.


                          Railroad Competition

  Mr. ROCKEFELLER. Mr. President, I come before the Senate today to 
speak about an issue--the plight of captive shippers--on which the 
Senator from North Dakota, Mr. Dorgan, spoke and on which I have been 
working for 16 years, every day I have been in the Senate, with a 
complete, absolute, and total lack of success. One doesn't ordinarily 
admit those things, but I say that because that is how bad the 
situation is. That is how unwilling the Congress is to address this 
problem even though it affects every single Senator and every single 
Congressman in the entire United States of America without a single 
exception.
  How did this happen is the same question as asking why is it that 
people complain about planes being late but don't take any interest in 
aviation policy. We are a policy body. We are meant to deliberate; we 
are meant to discuss issues. We don't. We don't take any interest in 
aviation. So we complain but don't do anything. We take no interest in 
railroad policy, and so we don't complain and we don't do anything.
  As a result, the American Association of Railroads, which is one of 
the all-time most powerful lobbying groups in the country, has its way. 
As Senator Dorgan said, they have their way although there are only 
really four or five railroads left. When I came here in 1985, as the 
junior Senator from West Virginia, there were 50 or 60 class I 
railroads. Those are the big ones. Now there are four or five, probably 
soon to be two or three.
  When the Staggers Act was passed to deregulate the railroads, which 
unfortunately this Congress did in 1980, they divided it into two 
parts. They said for those railroads which had competition, the market 
would set the price. But they said there are about--let's pick the 
number--20 percent of all railroads which have no competition. In the 
coal mines, steel mills, granaries, and manufacturing facilities that 
these railroads serve, there is no competition. Their rates would be 
determined by the Interstate Commerce Commission at that time. Now it 
is called the Surface Transportation Board. Very few of my colleagues 
know anything about the Surface Transportation Board or knew anything 
about the Interstate Commerce Commission, even though many of their 
people are suffering vastly from the consequences of the inaction of 
these two bodies.
  We don't have railroad competition in many aspects of our economy. 
You can't move coal by a pickup truck and you can't fly it in an 
airplane, you have to move it in a train. Sometimes you can put it in a 
truck, but you have to basically put it in a train. The Presiding 
Officer knows that very well; he comes from a State that produces coal.
  I also am going to submit the same letter the Senator from North 
Dakota did for the Record so it appears at the conclusion of my 
remarks. It is an extraordinary letter to Chairman McCain and Senator 
Hollings signed by 282 CEOs--not government relations people, not 
lobbyists, but by CEOs. It is the most extraordinary document of 
commitment and anger over a subject I have seen in the 16 years I have 
been in the Senate. I have never seen anything like this before.
  This is obviously a matter of enormous importance to my State. Most 
of what we produce has to be moved by railroad: Chemicals; coal; steel; 
lumber. It is a place where railroads have an enormous presence and 
railroads dominate.
  This letter seeks to make railroad policy a top concern. These people 
say it is their top legislative concern. They represent virtually every 
industry, and all parts of the country.
  I don't know how we got to this situation. I think it is ignorance on 
the part of the Congress, it is inattention, to some degree laziness on 
the part of the Commerce Committee and the Congress. It doesn't rise to 
the level of a crisis which hits us one day and grabs all the 
headlines. It is like the ALS about which the Senator from New Jersey 
was talking. It just creeps slowly. It just gradually destroys parts of 
the economy.
  Let me explain the situation this way. Imagine if I decided I wanted 
to fly to Dallas, TX, from Charleston, WV, and I was told I had to go 
through Atlanta. We don't have a lot of direct connections out of West 
Virginia. And suppose the airline told me, told this Senator, that they 
would not tell me how much my ticket would cost from Atlanta to Dallas. 
I would be outraged. All kinds of people would jump into the action. 
They couldn't do that. That would be illegal. It would be wrong.
  The railroads can do what the airlines are prevented from doing. They 
can refuse to quote you a price on what is called bottleneck 
situations, where they will not tell you how much it is going to cost 
on a monopoly segment. By doing that they control the price of whatever 
you are shipping, wherever you are shipping it. That is wrong.
  One of the reasons they are able to do that is that railroads, unlike 
virtually every other industry that has been deregulated, have 
antitrust exemption. Why do railroads have antitrust protection? Can 
anybody give me a reason they would have antitrust protection? They 
have been deregulated. No other industry that has been deregulated has 
an exemption from our antitrust law, but the railroads do, because the 
American Railroad Association moves very quietly and skillfully under 
the radar of attention. It is a huge and powerful group. It doesn't 
make waves, doesn't cause notice. It hands out tremendous amounts of 
money, but they do their work below the radar screen.
  As a result, when chemicals move out of the Kenawha Valley and the 
Ohio Valley in West Virginia and when coal moves out of southern West 
Virginia and northern West Virginia, we are victims in many 
circumstances to captive shipping. We are captives of the railroads. 
They can charge our companies whatever they want, and they do. It is 
illegal, but the railroads have on their side the Surface 
Transportation Board, which is supposed to ``regulate'' them, but 
instead is concerned only with how much money the railroads are making. 
So why should the railroads do anything other than make the most money 
they can? And they do.
  I know of no other situation like that in America. I come from a 
family that knew something about monopoly. And, properly and correctly, 
a President named Theodore Roosevelt came along and ended that because 
it was wrong. It was done in those times. That is the way those 
businesses were done, but it was wrong.
  Well, it is wrong what the railroads are doing today on captive 
shipping. For 16 years we have been fighting this--16 years, no 
progress, nothing. The STB comes up and they say: We need to have rules 
and regulations from the Congress. The folks in the Commerce Committee 
say: We are having all kinds of hearings.
  We don't have hearings. We technically have hearings, but they are 
not hearings. They are not probing hearings. A couple people drop in; a 
couple people drop out. Consumers everywhere suffer from this, and they 
don't even know about it. We should, because it is our responsibility 
to protect consumers. Where the law says the railroad companies cannot 
do something which they are doing, we should be upset by that. And if 
it is 20 percent of railroad traffic, we should be angry about it. But 
we don't care. We don't care.
  Again, many, if not most, of the products and commodities--coal and 
chemicals especially--being shipped by companies in West Virginia these 
products are shipped by companies, are shipped by companies that are 
captive to a single railroad. Only one line serves most of these 
plants. The railroads have all power: This is what you are going to 
pay; if you don't want to pay it, then we won't serve you.
  And they use a lot of other strong-arm tactics, which I will not go 
into, although I am protected on the floor and I could, and I would be 
happy to, but I won't do it. But they use strong-arm tactics; they know 
how to use them and they do use them. There are four or five major 
railroads, and they

[[Page 20864]]

can use strong-arm tactics and get away with it. All the others have 
been merged and eaten up. So the shippers are forced to pay whatever 
the railroads want to charge. If my colleagues think that is fair, 
fine.
  This is what it's like: When you walk into a grocery store to buy 
bread, you know what bread is supposed to cost. But no, the grocer 
says, no, you have to pay three times the usual cost. I don't think my 
colleagues would stand for that. But my colleagues do put up with this, 
by continuing to let railroads charge whatever they want--not what the 
market says the cost should be--even though it costs their constituents 
and companies in their states more money than it should, and puts 
people out of work.
  Why won't my colleagues get interested in this subject? Why won't 
they require the STB and the railroads to follow the law? Why doesn't 
the Commerce Committee take this more seriously?
  I cannot remember any significant period of time since I have been in 
this body that I have not had a steady flow of complaints from my 
``captive'' shippers--large and small companies that are captive to one 
railroad. They have no alternative but to pay what the railroad says 
they must. There is only one line going in; what are they going to do? 
Carry it out by hand? The Staggers Act said the railroads shouldn't 
exercise this kind of control. The captive shippers cannot set their 
own price. The railroads set the price on the monopoly segment, often 
without telling shippers what the price is, and thereby control the 
price along the entire route. This happens--today and every day--in the 
American economy. This is free market?
  So businesses in my State and in your State, Mr. President, and the 
State of the Senator from Alaska are hindered from making the kinds of 
profits and putting a number of people to work because we in Congress 
choose to ignore an enormous American problem.
  I'd like to say a little bit about why this has all happened. I have 
talked about the diminution of the number of railroads. We have just 
two railroads on the east coast and two on the west coast, and one 
running the length of the Mississippi. These five railroads collect 95 
percent of all freight revenues, as Senator Dorgan said. Pretty soon, 
that number may be reduced to just two railroads, period. These 
railroads are not exactly having a hard time. This level of 
``competition''--with just a few railroads controlling 95 percent of 
the traffic--means, prima facie, that we really have no competition at 
all. You just say 95 percent, and there you have it. By definition, 
there is no competition.
  During the last 5 years, the pace of railroad consolidation has been 
dizzying. In 1996, the merger of the Union Pacific and Southern Pacific 
Railroads threw the entire country into crisis. Did we care? Yes, 
briefly, for a week or so. There were some stories in the Wall Street 
Journal--we heard about the Houston railyard being shut down--and some 
of the rest of the country noticed, too. It was a strange and confusing 
railroad problem, and we didn't have time to figure it out; that was 
our attitude. So it came and it went. But it cost endless millions of 
dollars and endless lost jobs.
  But we need to look at what happened. The results of that merger--
creating one huge, unresponsive railroad, from two large unresponsive 
railroads--were major service disruptions, plant closings, thousands of 
lost workdays, and endless millions of dollars lost by companies all 
over this country.
  We had the same thing on a smaller scale in West Virginia and in the 
East. We have had our own merger. Conrail was divided kind of piecemeal 
between CSX and Norfolk Southern Railroads. A period of disruption 
followed that merger also--perhaps not the scale of the UP-SP debacle--
but still devastating and frustrating to my manufacturers in my State 
and throughout the Northeast. The railroads didn't worry because they 
knew nobody here was paying any attention.
  Rail consolidation isn't the only culprit. Several unjustified and 
counterintuitive rulings made by the Surface Transportation Board and 
its predecessor agency, the Interstate Commerce Commission, have 
stifled railroad competition and made matters much worse.
  These agencies have enormous power in our economy. Their key decision 
was the 1996 ``bottleneck'' decision to which I have already referred. 
That allows a railroad to remain in control of its essential 
facilities, known as ``bottlenecks'' and effectively prevent a rail 
customer from getting to a competing railroad, or even getting a price. 
In other words, where railroads share a line, they won't let you use 
it. They won't let anybody else use it. They won't tell you what it 
would cost even if you work out some kind of arrangement. They control 
the cost of shipping along your whole route, and they shut you down.
  The court of appeals upheld the decision of the STB as not being 
``arbitrary or capricious.'' So that seems to be on the side of the 
railroads. In its decision, the court of appeals went out of its way to 
say that the bottleneck decision was, one, not the only interpretation 
that the STB could have made under the law; and, two, not necessarily 
the interpretation the court itself would have made.
  Since then, the STB, predictably, has refused to revisit this 
decision and seems to take the official position that it does not have 
the legal authority to reach any other conclusion without specific 
direction from Congress to put competition first. Well, I don't have 
any problem with that, except Congress hasn't been paying any attention 
and probably won't do that anytime soon. There is no chance we will do 
that in the Commerce Committee now. Public anger hasn't been 
galvanized, and congressional anger hasn't been galvanized. 
Congressional passiveness rules.
  Under the protective rulings of the Surface Transportation Board, 
railroads are the only industry in the Nation that have both been 
deregulated and allowed to maintain monopoly power over its essential 
facilities. Congress, the Federal agencies, and the Federal courts have 
specifically prevented telephone companies, airlines, natural gas 
pipelines, and electric utilities from controlling essential 
facilities, while at the same time they enjoy the benefits of 
deregulation.
  I reject the notion that the Staggers Rail Act intentionally allowed 
railroads to use their bottleneck facilities to prevent customers 
access to competition. That is wildly illogical and wildly untrue. It 
goes against every principle of the American market economy. Likewise, 
it makes no sense, and runs counter to the law of the land, for the STB 
to view protection of the financial health of the railroads as its 
overriding mission, which they do. In all of their history, they have 
never found a railroad to be revenue adequate. That is the technical 
term. In other words, they have never found a railroad which is making 
enough money. The railroads have to make more money, suppress 
competition, according to the STB.
  So if we in Congress really care about the long-term viability of the 
freight railroad industry, we have to examine and make fundamental 
changes to the policy. But first we have to understand it--and we 
don't, and we won't, until people get motivated.
  The railroad industry itself is given unwarranted special treatment, 
about which I have spoken, regarding the antitrust review. They are 
totally exempt from review by the Antitrust Division of the Department 
of Justice. Instead, it is left to the Surface Transportation Board to 
determine whether a merger or acquisition is ``in the public 
interest.''
  Now, fortunately, as the Senator from North Dakota indicated, the STB 
is quite concerned about its merger policy. Hurrah. They see, as I do, 
the very real and ominous possibility that a final round of railroad 
mergers could leave us with just two transcontinental railroads 
carrying 97 percent of all American rail freight.
  So the STB responded this year by instituting a 15-month moratorium 
on major railroad mergers. They are also

[[Page 20865]]

conducting a rulemaking on their merger procedures.
  I commend this unprecedented and important letter from 282 chief 
executive officers of huge American companies and small American 
companies to all of my colleagues. My guess is that very few colleagues 
will read that letter because we are passive, because this issue is 
under our radar. Or more accurately, we have decided to ignore it. When 
it comes to ignoring this problem, we have an unblemished record of 
success, even though our inaction hurts companies and people in every 
part of this country.
  Their letter sends a compelling message to Congress that the status 
quo on railroad policy is unacceptable and must be changed. Senator 
Burns, Senator Dorgan, and I have a bill to do exactly that, if we can 
get anybody to pay attention to it.
  I thank the Presiding Officer. I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, I thank my colleague from West 
Virginia. I sympathize with the exposure that his State has. Of course, 
my State, unfortunately, is not connected to the rest of the United 
States by rail. We have a State-owned railroad and would like to have 
the opportunity to have a railroad connection. I am sympathetic to his 
cause.


                             Energy Crisis

  Mr. MURKOWSKI. Mr. President, I would like to address a couple of 
situations that I think are paramount in our consideration of issues 
before us today. I know most of my colleagues are aware of the current 
situation in Belgrade and the uprising against the dictatorship of 
Milosevic. I understand the situation is very grave at this time. I 
know we are all hopeful there will be no serious loss of life as a 
result of the uprising. I am sure my colleagues will join me in our 
prayers and hopes that the opposition's Kostunica will be successful in 
ousting Milosevic and instituting a democratic and peaceful new 
government in Yugoslavia. I know the Senate hopes for the best and that 
the nightmare in Yugoslavia may soon be at an end.
  Unfortunately, we have a similar situation in the Middle East and the 
fighting that is going on between the Israelis and the Palestinians. 
Over 67 people have been killed.
  I think it appropriate at a time when we are facing an energy crisis 
in this country to recognize the volatility associated with the area 
where we are most dependent on our oil supply; namely, the Middle East. 
Fifty-eight percent of our oil is imported primarily from OPEC.
  As we look at the situation today, we recognize the fragility, if you 
will, and the sensitivity associated with relying on that part of the 
world, particularly when we see the action by this administration in 
the last few days of drawing down oil from the Strategic Petroleum 
Reserve which is set up for the specific purpose of ensuring that we 
have an adequate supply in storage if, indeed, our supply sources are 
interrupted.
  By drawing that reserve down 30 million barrels, we sent a signal to 
OPEC that we were drawing down own our savings account making us more 
vulnerable, if you will, to those who hold the leverage on the supply 
of oil; namely, OPEC, Venezuela, Mexico, and other countries.
  I wanted to make that observation and further identify, if you will, 
that we have a situation that needs correction. We still have time to 
do it in this body; that is, to pass the EPCA reauthorization bill.
  As a consequence of the effort by the majority leader yesterday to 
bring that bill up--H.R. 2884--the reauthorization bill, I think it is 
important that we recognize why we need it.
  First, it reauthorizes the Strategic Petroleum Reserve. The 
authorization expired in March of this year.
  It creates a home heating oil reserve with a proper trigger mechanism 
that is needed.
  It provides State-led education programs on ``summer fill" and fuel 
budgeting programs.
  It requires the Secretary of Defense to concur with drawdowns and 
indicate that those drawdowns will not impact national security.
  It strengthens weatherization programs by increasing the per-dwelling 
allowance.
  It requires yearly reports on the status of fuel supply prior to the 
heating season.
  We have worked hard at trying to bring this to the floor and get it 
passed.
  Yesterday, the Senator from California indicated there was still 
opposition to the bill. It is my understanding that comments were made 
about the bipartisan substitute we have offered. As a consequence, I 
believe there is a need for a response.
  One, the Senator claimed that we could take up and pass the 
underlying bill--H.R. 2884--without amendment.
  This simply can't happen. The underlying bill does not contain 
responsible trigger mechanisms to protect SPR from inappropriate 
withdrawal.
  The Secretary of Energy has asked for a more responsible trigger 
mechanism than is contained in the underlying bill. The Secretary is 
right. We need that. This is our insurance policy if we have a blowup 
in the Middle East.
  Second, by accepting the House bill, we would lose the opportunity to 
strengthen the weatherization program contained in the substitute and 
we would also lose the mandate for a yearly report from the Department 
of Energy on the status of our fuel heading into the winter contained 
in the substitute.
  These are important issues. I am sure the Senator from California 
would agree that she would support these.
  But, as a consequence, to suggest that we can accept the House bill 
that doesn't include the triggering mechanism is the very point that I 
want to bring up.
  The Senator from California also said the Federal Government should 
not be in the oil business and that they don't do well in the oil 
business. I certainly agree. We don't do well with the Strategic 
Petroleum Reserve. We have bought high and sold low out of that 
reserve.
  But it is even more important now that we have moved some of our oil 
to build up a heating oil reserve.
  Isn't it ironic that the facts are, since the beginning of this year, 
more than 152,000 barrels of distillate--heating oils, light diesels, 
and so forth--have been exported each day. We are exporting fuel oils 
and heating oils that we ought to be holding in our reserve since we 
have a shortage of heating oil for the Northeast States that are so 
dependent on it. That is not what we are doing.
  According to today's Wall Street Journal, that number is ballooning 
even higher because of tight supplies and higher prices in Europe. In 
other words, we need more of it here, but we are sending it over to 
Europe--as opposed to the administration putting a closure or requiring 
that crude oil be taken out of SPR and be refined for heating oil and 
held in this country in reserve.
  That isn't in the requirement for the 30 million barrels that went 
out of SPR. The companies that bid on it can do whatever they wish with 
it. So we haven't accomplished anything. Where is it going? It is going 
to Europe.
  I agree with the Senator from California that the Federal Government 
should not be in the oil business. They are doing a lousy job of it, 
and their SPR withdrawal is strictly a political cover to try to imply 
that the administration is doing something about the crisis so we don't 
get too excited about the election that is coming up. It is a charade.
  The Senator from California claims the royalty-in-kind provisions are 
a charade allowing oil companies to pay fair market value--and this 
Senator is trying to undercut efforts to resolve valuation issues.
  While I would like to take credit for all the provisions in our bill, 
in fairness, they were worked out with the ranking member of the 
committee, Senator Bingaman, and the administration. In fact, the 
royalty-in-kind program was initiated in 1994 by none other than Vice 
President Gore as part of the reinvention of government to

[[Page 20866]]

test new, more efficient ways of collecting its royalty share.
  If the Senator from California is saying that Al Gore's efforts to 
reinvent government have been a failure and have cost the American 
taxpayer millions of dollars, I would certainly respect her opinion.
  Furthermore, a provision requires that the Government receive 
benefits ``equal to or greater'' than it would have received under a 
royalty evaluation program.
  Finally, the Senator accused me--the Senator from Alaska--of trying 
to move this program ``in the dark of night.''
  Well, I am disappointed by that statement. Prior to even taking this 
substitute up on the floor, my staff approached the staff of the 
Senator from California to work to resolve concerns in a good-faith 
effort.
  The staff of Senator Bingaman, the ranking member of the Energy 
Committee, which I chair, spent countless hours answering the Senator's 
questions and addressing her concerns. Unfortunately, those efforts 
evidently have been unsuccessful.
  So any argument that the RIK language in this bill has not gone 
through an appropriate process pales in comparison to that alleged lack 
of process involved in a ``rider'' on the same subject the Senator from 
California supports in the Interior appropriations bill.
  You cannot have it both ways.
  The arguments are simply empty rhetoric premised on the assumption 
that oil companies are inherently bad and any program dealing with them 
must be flawed. The implication is that the oil companies are 
profiteering.
  There is no mention that we were selling oil in this country at $10 a 
barrel a year ago. Now it is $33 a barrel.
  Who sets the price of oil? Is it ``Big Oil'' in the United States? 
No. It is OPEC. OPEC provides 58 percent of the supply. It is Venezuela 
and Mexico. You pay the price, or you leave it.
  I am prepared to bring up this bill under a reasonable time 
agreement, debate the issue at length, and have the Senator from 
California offer an amendment to strike the provision if she finds it 
objectionable. That is her right. I support that right.
  But it is time we move the Senate version of this very important bill 
to reauthorize the Strategic Petroleum Reserve, and establish a home 
heating oil reserve, and get the administration focused on the reality 
that the oil they propose to take out of SPR is being refined and sent 
over to Europe to meet their heating oil demands. That is the reality.
  If we don't move this legislation, the Senator from California will 
have to bear the responsibility. It is unconscionable to me at a time 
when we face an energy crisis--not only oil and natural gas but other 
areas and in our electric industry--that we find some other important 
bills being held up. We have passed out of the Committee an electric 
power reliability bill. The purpose was the recognition that we have a 
shortage of generating capability in this country.
  We have not expanded our generating capacity to meet the demand. As a 
consequence of that, we have not progressed with a distribution system 
to meet the demand that is growing. So out of the Committee, along with 
Senator Gorton, we specifically worked to get an electric power 
reliability bill. It is sitting here waiting for passage. What it 
does--and the administration wants it--it sets up a way to share the 
shortage.
  That sounds ironic, but we have a shortage of generating capacity. We 
have seen spiking costs very high, hundreds and thousands of dollars, 
for short periods of time. The reliability bill administers in a fair 
manner, to ensure that if there is any surplus in one area, it is moved 
to other areas without the exposure of spiking. We cannot seem to move 
that on the floor of the other body. We are going into a timeframe 
where, if we get a cold winter and higher electric demands, we will 
need that legislation.
  Another bill, of course, that we considered is our electricity 
deregulation bill, a comprehensive bill. The problem was there was a 
mandate to have 7\1/2\ percent of our energy derived from renewables. 
That is easy to say. The administration mandated that bill. But there 
is no way to enforce it because we simply don't have the technical 
capability to achieve 7\1/2\ percent of our energy from non-hydro 
renewables. It is less than 2 percent now.
  They say we haven't spent enough money or been dedicated or made a 
commitment. I remind my colleagues, we have extended in 5 years $1.5 
billion in direct spending to subsidize development of renewables. We 
have given tax incentives for renewables of $4.9 billion. I support 
renewables, but we just can't pick them up. The wind doesn't always 
blow outside. In my State of Alaska, it is not always sunny. Solar 
panels do not always work.
  As a consequence, I remind my colleagues, when you fly out of 
Washington from time to time, you don't leave here on hot air, you need 
energy. We have a crisis. We have not passed the electric power 
reliability legislation, we have not passed comprehensive electricity 
deregulation, and we are in a situation where we have taken oil from 
SPR and now we are seeing that oil move to Europe.
  I want to use the remaining time to do a contrast because I want to 
emphasize the significance of the energy policies as proposed by our 
two Presidential candidates. Make no mistake, on energy policy the 
differences between Vice President Gore and Governor Bush could not be 
more clear.
  Let's look at costs. We have added up the Bush proposal, $7.1 billion 
over 10 years. The Gore proposal, which the newspapers have added up--
which are usually somewhat favorable to the Vice President--costs 10 
times more than that, somewhere between $80 and $125 billion. They are 
still trying to pin down the figures. The Vice President wants to raise 
prices and limit supply of fossil energy, which makes up over 80 
percent of our energy needs. By discouraging domestic production, the 
administration has forced us to be more dependent on foreign oil, 
placing our national security at risk and, of course, raising prices.
  The Vice President's only answer in the first debate was to give you 
solar, wind, biomass technologies, that are not yet available. Again, I 
remind my colleagues, we have spent $1.5 billion in direct spending and 
$4.9 billion in tax incentives over 5 years trying to develop more 
renewables.
  In contrast, Governor Bush would expand domestic production of oil 
and natural gas, reduce imports below 50 percent, and ensure affordable 
and secure supplies by developing resources at home. He would invest 
ample resources into emerging clean fossil technologies, renewable 
energy, and energy conservation programs, but, most of all, he won't 
bet on our energy future. Governor Bush will use the energy of today to 
yield cleaner, more affordable energy sources for tomorrow.
  Now, let's look at the record. The Vice President has said he has an 
energy plan that focuses not only on increasing the supply but also 
working on the consumption side. The facts show the Vice President 
doesn't practice what he preaches. The administration has actually 
decreased energy supply during the past 7\1/2\ years. They have opposed 
domestic oil production and exploration. We have 17 percent less 
production since Clinton-Gore took office. We have closed 136,000 oil 
wells and 57,000 gas wells since 1992. They oppose the use of plentiful 
American coal and clean coal technology. The EPA makes it uneconomical 
to have a coal-generating plant. The demand is there for energy, but 
clearly coal is simply almost off limits because of the process.
  We force the nuclear industry to choke on its waste. We are one vote 
short in this body of passing a veto override, yet the U.S. court of 
appeals, in a liability case, ruled the Government had the 
responsibility to take the waste. The cost to the taxpayers here is 
somewhere between $40 and $80 billion in liability due the industry as 
a consequence of the Federal Government's failure to honor the sanctity 
of the contract.
  They have threatened to tear down hydroelectric dams. Where are they

[[Page 20867]]

going to place the traffic that moves on barges? Put it on the 
highways? That will take away 10 percent of our Nation's electricity.
  They ignored electric power reliability and supply concerns. Go out 
to San Diego and see the price spikes there--no new generation, no new 
transmission in southern California.
  They have claimed to support increased use of natural gas, yet they 
have kept Federal lands off limits to natural gas production; 
approximately 64 percent of the overthrust belt in the Midwest--
Wyoming, Colorado, Montana--is off limits to exploration. We all 
remember in this body the Vice President coming and sitting as 
President of the Senate, utilizing his tie-breaking vote in 1993 to 
raise the gas tax.
  We recall initially he wanted a Btu tax to reduce consumption of 
energy when the administration first came in. There has been a series 
of taxes. We heard a lot about it in the debate the other day. The Vice 
President said the tax plan favors the richest 1 percent. Yet 2 percent 
of the people pay 80 percent of the taxes. He didn't mention that.
  Talking about crude oil and the Vice President, instead of doing 
something to increase the domestic supply of oil, the Vice President 
seems to want to blame big oil for profiteering as a cause for high 
prices. This simply is an effort to distract attention from the real 
problems, to cover for this Administration's lack of a real energy 
strategy.
  One year ago, oil was being given away at $10 a barrel. Who was 
profiteering, Mr. Vice President? Were American oil companies simply 
being generous? The small U.S. companies-- ``Small Oil''--were 
suffering, with 136,000 stripper and marginal oil wells closed. Our 
domestic energy industry was in real trouble. Stripper wells cannot 
make it at $10 a barrel.
  The six largest oil companies--Al Gore's ``big oil''--only comprise 
15 percent of the world oil market. In contrast, OPEC--Saudi Arabia, 
Iran, Venezuela, Mexico, Iraq--produce 30 million barrels a day and 
control 41 percent of the world's oil market. OPEC controls the supply. 
Therefore, they set the price, not the United States.
  If we don't like their price, I guess we don't have to buy their oil. 
But obviously we are addicted to it. By discouraging domestic 
exploration and increasing our reliance on foreign oil, the Vice 
President would take away that option, essentially, forcing us to pay 
OPEC's price for oil, holding us hostage to foreign governments, as the 
case is now.
  What about Governor Bush? He would encourage new domestic oil and gas 
explorations. As he said Tuesday: The only way to become less dependent 
on foreign sources of crude oil is to explore at home. Charity begins 
at home.
  Just opening up the ANWR Coastal Plain in my State of Alaska to 
exploration would increase domestic production by a million barrels a 
day. I bet it would drop the price of oil $10 to $15 a barrel. The same 
amount, a million barrels a day, is slightly more than what we import 
from Iraq. Here is a person we don't trust, whom we fought a war 
against, yet we are dependent on, and that is Saddam Hussein. Shouldn't 
we produce this oil at home rather than risk our national security by 
relying on Iraq for energy needs?
  Yesterday I gave a few facts, not fiction, about oil exploration and 
gas exploration in my State. My colleague from Nevada, who is not on 
the floor today, continued to refer to outdated estimates and 
recoverable oil from ANWR using oil prices. He said at a price of $18 a 
barrel, ANWR was likely to yield a low-end estimate of 2.4 billion 
barrels, but that still is 1 million barrels a day for 6 years, Mr. 
President.
  And the prices will be much higher than that--they will be $25 a 
barrel, or more. According to the U.S. Geological Survey, the ANWR 
Coastal Plain is likely to yield 10 billion barrels of recoverable oil, 
nearly as much as Prudhoe Bay. But it is interesting to reflect on 
Prudhoe Bay because that one area has supplied one-fifth of our oil 
needs for the last 20 years. ANWR could do the same for the next 20 
years. Remember the realities associated with estimates. They estimated 
Prudhoe Bay would produce 10 billion barrels, and it has produced over 
12 billion and is still producing over a million a day.
  I want to talk about natural gas because Governor Bush's energy plan 
is more than just increasing the domestic supply of oil. He would also 
expand access to natural gas on Federal lands and build more gas 
pipelines.
  The Vice President makes no mention of natural gas, leaving the most 
critical part of America's energy mix policy simply unsaid. Yet natural 
gas is vital for home heating and electric power. 50 percent of U.S. 
homes, 56 million, use natural gas for heating. Natural gas provides 15 
percent of our Nation's electric power, and that generating capability 
has no place to go for more capacity other than natural gas because you 
can't get permitted. Mr. President, 95 percent of our new electric 
power plants will be powered by natural gas as the fuel of choice, but 
this administration refuses to allow the exploration and production of 
gas, or the construction of pipelines, to increase the supply of gas to 
customers.
  Demand has gone up faster than supply. This yields higher prices. And 
our demand for gas will only increase. The EIA expects natural gas 
consumption to increase from 22 trillion cubic feet now to 30 to 35 
trillion cubic feet by 2010.
  The administration touts natural gas as its bridge to the energy 
future--our cleanest fossil fuel--fewer emissions, efficient end use 
for industrial and residential applications, huge domestic supply, no 
need to rely on imports. Yet they place Federal lands off limits to new 
natural gas production. Where are we going to get it? Mr. President, 64 
percent of the Rocky Mountain overthrust belt is off limits. The 
roadless policy of the Foreign Service locks up 40 million acres of 
public land, and there is a moratorium on OCS drilling until 2012. 
Where is it going to come from, thin air?
  Al Gore would even cancel existing leases. He made a statement in 
Rye, NH, on October 21, 1999:

       I'll make sure there is no new oil leasing off the coasts 
     of California and Florida. And then I would go much further: 
     I will do everything in my power to make sure that there is 
     no new drilling off these sensitive areas--even in areas 
     already leased by previous administrations.

  The American people ought to wake up. Where is our energy going to 
come from? Now there is no strategic natural gas reserve, is there, 
like we have for an oil, for the Vice President to fall back on in the 
case of natural gas prices. This administration simply ignored energy, 
and now we are in trouble and they are covering their behind.
  Natural gas is now over $5.30 per thousand cubic feet. Less than 10 
months ago it was $2.16.
  The differences are clear. The Vice President would limit new natural 
gas production and force higher prices for consumers. Governor Bush 
would encourage domestic production of natural gas and the construction 
of pipelines to get it there.
  We talked, finally, about renewables. The Vice President said Tuesday 
that:

       We have to bet on the future and move beyond the current 
     technologies to have a whole new generation of more 
     efficient, cleaner energy technologies.

  That sounds fine, but how are we going to get there? I think we all 
agree in this case our energy strategy should include improved energy 
efficiency, as well as expanded use of alternative fuels and renewable 
energy and a mix of fuel oil, natural gas, nuclear, and hydro.
  But the critical question is how do you get there from here? The Vice 
President would make a bet. He would bet that by diminishing supply of 
conventional fuels such as oil and natural gas, you will be more 
willing to pay higher prices and make renewables competitive. He will 
support higher energy taxes, just as he did in 1993 when he cast the 
tie-breaking vote to raise gas taxes. And he will favor more 
regulations, more central controls on energy use standards for each 
part of our everyday life.
  The Vice President will tell you what kind of energy you could use, 
how much of it you could use, and how much you would have to pay for 
it.

[[Page 20868]]

  In contrast, Governor Bush would harness America's innovative 
technological capability and give us the technologies of tomorrow by 
using the American ``can do'' spirit. Governor Bush would set aside the 
up-front funds from leasing Federal lands from ANWR, for oil and gas--
the ``bid bonuses''--to be earmarked for basic research into renewable 
energy. He has a plan. It is a workable plan. It is not smoke and 
mirrors. The production royalty from oil and gas leases would be 
invested in energy conservation and low-income family programs such as 
LIHEAP or weatherization assistance. Using tax incentives, Governor 
Bush would expand use of renewable energy in the marketplace--building 
on successful experience in the State of Texas. As a result of Governor 
Bush's efforts on electricity restructuring, Texas will be one of the 
largest markets for renewable energy, about 2000 new megawatts.
  Finally, Governor Bush would also maintain existing hydroelectric 
dams and streamline the Federal relicensing process. Al Gore would 
breach the dams in the Pacific Northwest.
  The Vice President will try to lay the blame on Congress. He said we 
have only approved about 10 percent of their budget requests for 
renewable energy. Here again the Vice President is twisting the facts. 
According to the Congressional Research Service, we have provided $2.88 
billion in funding for renewable energy since 1992; 86 percent of their 
request.
  The conclusion, the bottom line, is the contrast between the 
candidates and their energy policies could not be more clear. The Vice 
President wants to raise prices and limit the supply of fossil energy 
which makes up over 80 percent of our energy needs, replacing it with 
solar, wind, and biomass technologies which are just not widely 
available or affordable today.
  Governor Bush would expand the domestic production of oil and natural 
gas, ensuring affordable and secure supplies. He won't bet on our 
energy future. Governor Bush will use the energy of today to yield 
cleaner more affordable energy sources for tomorrow.
  The choice for the American consumers on November 7 is clear. Support 
a candidate with a positive plan to reduce dependence on Saddam 
Hussein, the Middle East, and other areas; produce here at home and use 
all our energy resources, our coal, our oil, our hydro, our nuclear, 
and natural gas because we are going to need them all to keep the U.S. 
economy going.
  Remember, you can't fly out of here on hot air.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Voinovich). The time until 2 o'clock is 
under the control of the Senator from Illinois.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent I be allowed 
to speak for up to 5 minutes, with the consent from the Senator from 
Illinois.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                               Yugoslavia

  Mrs. HUTCHISON. Mr. President, it is my intention to speak for a 
couple of minutes, and then I will suggest the absence of a quorum and 
ask if the distinguished Chair would also like to say a few words. And 
if he indicates such, I will step aside.
  I want to speak about something that is happening that is very 
important to our country and to the rest of the world. As we speak, 
hundreds of thousands of Yugoslavian people are demonstrating in the 
streets, saying they want the election result to be declared. It was an 
election. There is a question about how free it was.
  Certainly President Milosevic is trying to have a runoff, to have 
time to get his troops back together. But it is clear the people of 
Yugoslavia are standing up for their rights. During all the time the 
United States has been dealing with the issue of President Milosevic 
and his wife continuing to keep down the people of Yugoslavia and the 
satellite countries--Montenegro, Macedonia, Kosovo--to keep them from 
having the opportunity to express their free will, we in America have 
said to the people of Yugoslavia: Please, make your voices heard.
  We will be supportive of what the people of that country want to 
happen. Clearly, there has been somewhat of a revolution in this last 
election period.
  I hope and pray for the people of Yugoslavia that they will get their 
voice, that they will have their voices heard, that they will have 
representation in Parliament, and that the truly elected President of 
Yugoslavia will be able to take office.
  It is impossible for us to know if the election was fair. It is 
impossible for us to know if there should be a runoff. Certainly the 
people have taken matters into their own hands, and they have shown a 
spirit that cannot be denied.
  The hearts and prayers of the people of America are with the people 
of Yugoslavia today, hoping they will be able to have a free and fair 
Presidential election; that they will be able to have a Parliament that 
is truly representative of the people of Yugoslavia. That extends to 
the people of Montenegro, the people of Macedonia, the people of 
Kosovo, that they, too, will have their free will to be in control of 
their countries.
  We are watching in our country and we wish them the best. We hope the 
people of Yugoslavia can take control of their own destiny. That is 
what we would wish for every person in the world, for every country in 
the world, and no less certainly for Yugoslavia.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FITZGERALD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FITZGERALD. Mr. President, I express my appreciation to all the 
Members of this distinguished body and, in particular, our Senate 
leaders on both sides of the aisle for the opportunity they have given 
me over the last couple days to speak to a matter of great importance, 
in my mind, a matter which, though it concerns only a relatively small 
portion of the Interior conference committee report that is before the 
Senate, I think nonetheless is a matter that goes to the heart of the 
Government's appropriations process.
  I want to review and describe the filibuster I have conducted since 
about 2 days ago. It has had four major parts.
  First, I explained the project about which I was concerned: The 
Abraham Lincoln Presidential Library to be built in Springfield, IL. 
This is a project I support, and I am working to help make sure the 
project is adequately funded over the next couple years in the Senate.
  Second, I explained our insistence on Federal competitive bidding and 
described the bill the Senate supported which detailed the competitive 
bid provision. This body, on its own, when focused on the narrow issue 
of whether the Federal funding the Congress is approving for the 
Abraham Lincoln Library would require that the project be competitively 
bid in accordance with Federal bidding guidelines, all Members from all 
50 States, agreed that the Federal competitive bid guidelines should be 
attached.
  However, the Interior conference committee report that is before us 
has stripped out that competitive bidding requirement, and since the 
project now is in the heart of this Appropriations Committee report, 
which has many other projects and appropriations for programs and 
Departments of the Federal Government all over the country, it is now 
in a bill that will no doubt pass the Senate.
  Third, I compared the State versus the Federal procurement process 
and procedure.
  Finally, I gave the context in which these concerns arise. I read a 
series of articles from publications from throughout the State of 
Illinois that discussed, first, the various contexts in which the 
issues of competitive bidding have come up in the State of Illinois 
and, second, the potential for insider abuse when there are not tight 
requirements that competitive bidding be applied to a government 
construction project or a government lease or to

[[Page 20869]]

practically any kind of project in which the Federal or State 
government is involved.
  It has been my effort to make the best possible case that Federal 
competitive bidding rules should be attached to the Lincoln Library.
  I began by reviewing the time line of this project. This project was 
first discussed 2 years ago, or more, under the administration of then 
Gov. Jim Edgar of the State of Illinois. In the first few months of 
February 1998, Governor Edgar at that time was proposing a $40 million 
library. Later, we saw how, by March of 1999 in a new administration, 
the project had grown to a $60 million project. Then we saw how, by 
April of 1999, they were discussing $148 million project to construct 
the Abraham Lincoln Presidential Library in Springfield, IL.
  Since then, I think the numbers have fallen back down, and we are 
really talking about a $115 million to $120 million project: $50 
million will come from the Federal Government, $50 million will come 
from the State, and the rest will come from private sources.
  I also talked about the specific language in the Interior conference 
committee report that is before us.
  I noted that that authorization for $50 million in funding, coupled 
with an appropriation for $10 million that would be distributed in this 
fiscal year, does not specify who is to get the $50 million 
authorization. The authorization language does not require that the 
money be delivered to the State of Illinois. It says the money will be 
delivered to an entity that will be selected later by the Department of 
the Interior in consultation with the Governor of the State of 
Illinois.
  I have been concerned by the wide open nature of that language. When 
you think about wording a bill that money will be funneled to an entity 
that is going to be selected later, we do not know what that entity is. 
That raises cause for concern. What happens if that money falls outside 
of the hands of State or Federal officials altogether and is in private 
hands? Will there be any controls on it at all?
  I also mentioned that I was concerned, if this money did go to the 
State of Illinois--it may well go to the State of Illinois--the State 
would probably hand it over to its Capital Development Board.
  I noted that the Illinois Capital Development Board, which builds 
many of the State's buildings, such as prisons, built the State of 
Illinois Building in the city of Chicago, IL. They have an unusual 
provision in the general State procurement code, a highly irregular and 
unusual provision, that allows the Capital Development Board to 
establish ``by rule construction purchases that may be made without 
competitive sealed bidding and the most competitive alternate method of 
source selection that shall be used.''
  I pointed out that with this lack of a hard and fast requirement, if 
the money were to flow to the State of Illinois, and the Capital 
Development Board were to construct this library, the Capital 
Development Board, by their own statute, would have the authority to 
opt out of competitively bidding this project.
  I do not think a project of any magnitude, paid for by the taxpayers, 
should be done without competitive bidding. Obviously, there is too 
much potential for abuse. We want to make sure we get the best value 
for the taxpayers. It would be irresponsible for the Congress to not 
require competitive bidding, in my judgment, and not just on a small 
project but most particularly for a very large project such as this, a 
$120 million project.
  I also want to note--to give some scale to the size of a $120 million 
building--we have some Illinois structures and cost comparisons. The 
source for this is the State Journal-Register, the newspaper in 
Springfield, IL, from a May 1, 2000, article.
  They said that the estimated cost, adjusted for inflation, of 
building the Illinois State Capitol in today's dollars would be $70 
million. So $120 million is much more expensive. The Lincoln Library 
would be much more expensive than the State capital.
  There is another building in Springfield that is worth $70 million. 
That is the Illinois State Revenue Department building, the Willard Ice 
Building, built in 1981 to 1984. It would probably cost about $70 
million to build. That is a huge building.
  The Prairie Capital Convention Center: It is estimated to have cost 
$60 million in today's dollars.
  The Abraham Lincoln Library will be much more expensive than all of 
these very major buildings in Springfield, IL. On a project of this 
magnitude, obviously we need to have the construction contracts 
competitively bid.
  In discussing the State procurement code, I noted that the State 
Capital Development Board had the ability to opt out of competitively 
bidding projects. It was for that reason, when I saw the language of 
this measure that originally came over to us from the House, I decided 
we ought to look at attaching tougher guidelines.
  We compared the State procurement code to the Federal procurement 
code, and I determined that in order that we not have to worry about 
the State opting out of competitive bidding, and in order that we not 
have to worry about some other flaws in the State procurement code, we 
would instead attach the Federal guidelines.
  When I was in Springfield as a State senator for 6 years, back in 
1997 I voted for the current State procurement code. It is indeed some 
improvement over the old State procurement laws. Nonetheless, it does 
have some problems and it could be better. I regret that I missed the 
loophole that allows the Capital Development Board to opt out of 
competitively bidding a project.
  I also discussed, at length, yesterday how the Capital Development 
Board was sending around a letter saying they would competitively bid 
this project, no matter what. They also suggested that their rules 
require them to competitively bid this project.
  That contention is conclusively demolished by the language of the 
State statute, which shows that they do not have to competitively bid. 
They are sending out a letter saying they would competitively bid. 
Obviously, that does not create a legal requirement. They sent the 
letter to me. Maybe it creates a contractual obligation to me, but it 
does not make them legally accountable in the bidding process. How can 
you hold someone accountable if the code is optional? That is the 
problem with the State procurement code.
  Furthermore, I noted, when I had a discussion with Senator Durbin--
he, of course, along with all other Senators in this body, supported 
the passage of the Senate provision which required competitive bidding 
in accordance with the Federal guidelines. However, he did raise the 
question, How would the State be able to adapt itself so it would apply 
the Federal competitive bidding guidelines?
  I pointed out that the State code contemplates, in fact, that from 
time to time Federal guidelines will be attached on grants from the 
Federal Government and that the State has statutory authority to adopt 
all its forms and procedures in order to make sure they can comply with 
guidelines imposed by the Federal Government, much in the same way the 
State would have to comply with any guidelines the Federal Government 
gave along with funding for education, for health care for the 
indigent, for Medicaid dollars, or the like. Absolutely, there is 
nothing wrong with that, nor is there anything unusual about that. That 
is why the State contemplates it in its procurement code.
  I also reviewed, at length, the context in which this debate has 
occurred. I read a series of articles from publications throughout the 
State of Illinois into the Record. Those articles discuss the various 
contexts in which competitive bidding had come up before in the 
awarding of construction contracts, of leases for State buildings, of 
licenses for riverboats.
  I also discussed loans the State had given out back in the early 
1980s to build luxury hotels, loans that never were repaid, and it 
seemed the borrowers had never really been held fully accountable.
  I told you that from my experience of several years in the Illinois 
State legislature, I could not casually dismiss this history. It is 
seared in my memory

[[Page 20870]]

from many bruising battles I had when I was a State senator in the 
Illinois State Senate from 1993 to the end of 1998.
  Finally, we asked the question whether the Lincoln Library is another 
one of those insider deals, such as the ones we discussed when we read 
into the Record stories of leases of State buildings to the State in 
which it seemed the people who owned the property made out real well 
but the State seemed to be paying very exorbitant rental rates, and 
also mishaps that we had with construction projects in the past.
  We described how, with the very lucrative Illinois riverboat 
licenses, some of which could be worth in the hundreds of millions of 
dollars each, the minute you got one of those riverboat licenses, you 
would have the ability to earn in some cases $100 million a year, and 
that these licenses could be considered extremely valuable. They would 
probably sell on the open market for many times the amount of annual 
earnings that would accrue to one of those licenses.
  We described how those very valuable licenses were given out in the 
State of Illinois on a no-bid basis for a total consideration of 
$85,000 apiece. I described how I thought that was wrong, that those 
licenses, instead of being handed out as political bonbons to connected 
political insiders who happen to be longtime, big-dollar contributors 
to both sides of the aisle, that we should not have just given them 
away like that. They should have been competitively bid, and the people 
who wanted those lucrative licenses should not have been going through 
the legislature or through a gaming board made up of officials 
handpicked by the Governor to see who would become the next 
multimillionaire in the State of Illinois.
  Had we had competitive bidding for those riverboat licenses, then we 
might not have had all the articles written about how it was that only 
a handful of politically connected people just happened to wind up 
being the ones who got these phenomenally lucrative gambling licenses.
  They were lucrative licenses not only because they were gambling 
licenses but because they were monopoly licenses. There could be only 
10 riverboats in the State of Illinois. If there could only be 10 
restaurants or 10 hotels in the State of Illinois, then the license to 
operate one of those restaurants or hotels would be very valuable as 
well.
  We reviewed at length all the problems that happened and all the 
questions that get raised when a governmental body gives out privileges 
or contracts or leases without tight procedures to make sure that 
political favoritism does not enter into the equation and without tight 
guidelines to make sure there is a fair and equitable competitive 
bidding process.
  After this whole discussion, in which some names of prominent 
political people seemed to be coming up again and again and again in 
many of the articles, we finally arrived at the question, is this 
Abraham Lincoln Library to be built in Springfield--the construction 
has not started yet; it is scheduled to start on Lincoln's birthday 
next year, 2001; they have awarded some architecture and engineering 
contracts and some design contracts--just another insider deal? We 
concluded that it may or may not be. We won't know until it is done, 
until we see how it is done. But we concluded that, clearly, given the 
whole history of problems we have seen again and again and again in 
recent State history with the awarding of construction contracts, 
leases, privileges, licenses, that we ought to do our very best to 
prevent this project from becoming just one more insider deal. And we 
noted what a horrible, ugly irony it would be if a monument to ``Honest 
Abe'' Lincoln, arguably our country's greatest President, wound up 
having any taint at all.
  That is what we are seeking to avoid. We should do our very best to 
prevent it from becoming an insider deal.
  Moreover, we have many red flags that have to be taken into account. 
We have the price increases from $40 to $60 to now $120 million. We 
have the location of the library. The library site has recently been 
selected. This is a map of Springfield. This is the State Capitol 
complex. This is where Abraham Lincoln's home is. It is now run by the 
National Park Service. There is, in fact, an entire neighborhood that 
has been renovated and kept up to look as we think it looked in the day 
and age that Abraham Lincoln and his family lived there.
  This is where the Capital Convention Center is. This is where the 
Abraham Lincoln Library is now planned. That was the site selected. 
Maybe that is the best site. I don't know. One may never know. It is 
close to the old State Capitol, which Abraham Lincoln actually served 
in and spoke in when he was a State legislator. It is near the Abraham 
Lincoln law office. Is it the best site? I don't know. Did political 
favoritism come into consideration in selecting that site? I don't 
know. We don't know.
  One thing is interesting, though. This hotel, the Renaissance 
Springfield Hotel, is very close to the proposed library. That is the 
hotel that, as we discussed yesterday, was built with taxpayer money in 
the form of a State loan given out back in the early 1980s. The loan 
was never paid back, though some payments were made on the loan. The 
people who got the loan still own the hotel and still manage it. 
Presumably if the Lincoln Library results in increased tourism revenue 
and more people coming to visit the city of Springfield, there will be 
a lot of tourist dollars. Some projections estimate as much as $140 
million in tourist revenue will be added by the construction of the 
library in Springfield. Certainly some of that would probably accrue to 
the benefit of those who have the Renaissance Springfield Hotel.
  The price increases, the location of the library, we note these 
things. We note the involvement of individuals whose names have come up 
in the past and were described again and again in many of the articles 
read into the Record. And we note the general problem that the State 
has had with projects such as this in the past.
  Given all these red flags, isn't it appropriate that we be extra 
careful and that we do everything we can to ensure that the project be 
appropriately competitively bid? It is for that reason that I attached 
the Federal competitive bid guidelines when the authorization bill came 
into the Senate. These guidelines were adopted unanimously in the 
Senate Energy Committee and, ultimately, the whole Senate unanimously 
adopted these guidelines and sent the bill back to the House.
  We are here today because we have to vote on the Interior conference 
committee report which has appropriations for the project tucked in, 
but with the Senate requirements for competitive bidding in accordance 
with Federal guidelines stripped out. It is the fact that those 
competitive bid guidelines are not contained within the authorization 
and appropriations for the library in this Interior conference 
committee report that I am here on the floor of the Senate.
  Mr. President, this debate, as I have said, goes to the very heart of 
the appropriations process itself. We need to take great care with the 
taxpayers' money. The money represents precious hours of hard work, 
sweat, and time away from their families. The American people are 
fundamentally generous and they will permit reasonable expenditures for 
the good of their country and their communities. The people of 
Springfield, IL, are as generous as any, and they are as fine a people 
as any.
  I have heard more from the people of Springfield, IL, than from 
anywhere else in my State about the importance to them of having an 
honest and ethical bidding process on this library that they hope will 
be a credit to their community for ages to come. But while the people 
are generous and they are willing to permit us to make reasonable 
expenditures in support of our States and communities, the taxpayers do 
expect that they not be abused. We need to do our best to make sure 
there are sufficient safeguards so that the people can know their hard 
work is not being trampled on, that politically connected individuals 
are not deriving

[[Page 20871]]

private profit at the expense of the taxpayers, all under the guise of 
a public works project.
  I know that in this Chamber our remarks go out to the entire country. 
I am well aware of it in this debate because our office is receiving 
correspondence from people all over the United States who find 
interesting what has happened in Illinois. But I want to address these 
remarks now exclusively to the people of my State--the land of 
Lincoln--Illinois.
  In a very short time now, the Senate will soon take a vote on the 
Interior appropriations conference report. This is the vehicle that 
contains the Lincoln Library provisions we have been talking about in 
this filibuster.
  When the Senate votes, we will lose because the Interior bill itself 
is a bill with considerable support for projects around the country--it 
is an $18 billion bill that literally has implications for every State 
in the Nation--my colleagues will vote for it. Even those who, along 
with me, believe the Lincoln Library should have Federal competitive 
bidding rules attached to the money that will be appropriated today 
will do so.
  As I have noted, all Members of this body, earlier this week, voted 
in favor of Federal competitive bidding guidelines for this project 
when we had a vote just on that narrow issue. We cannot have a vote to 
take out the language that is in the conference committee report that 
does not require the competitive bidding. These are the rules of the 
Senate. However, when the vote is called and we lose, I do not want the 
people of Illinois to be discouraged by the difficulties we have 
encountered. If nothing else, from the materials we have introduced 
into the Record, it is clear that the political culture of Illinois is 
entrenched and formidable--so entrenched and formidable that a simple 
provision such as competitive bidding could become controversial.
  Our effort in these last couple of days is just a baby step. Real 
change can only come as the people of Illinois see more, know more, and 
gradually come to realize that they do indeed have the power to make it 
different. Real change comes from the bottom, from the people up. All 
those of us in this body can do is observe, think, exercise our very 
best judgment, and then make the case.
  Today and yesterday, we have made the case. In a little while, the 
opponents of our simple competitive bid requirement will prevail. But 
the next time you hear of leases, or loans, or capital projects, or 
riverboat licenses going to political insiders, you will remember this 
debate; and together we will rejoin the fight and redouble our efforts 
for the next time.
  Mr. President, I yield the floor.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent to speak as in 
morning business for 10 minutes.
  The PRESIDING OFFICER. Is there objection? I object.
  Mr. GRASSLEY. May I speak just on the bill?
  The PRESIDING OFFICER. Can we suggest the absence of a quorum?
  Mr. GRASSLEY. I don't want to go through that if I don't have to.
  Mr. FITZGERALD. Mr. President, I yield the remainder of my time to 
the occupant of the chair, Senator Voinovich from Ohio.
  (Mr. FITZGERALD assumed the chair.)


                        Elections in the Balkans

  Mr. VOINOVICH. Mr. President, as my colleagues are well aware, I have 
a keen interest in what happens in the Balkans because I believe what 
happens in Southeastern Europe impacts on our national security, our 
economic well-being in Europe, the stability of Europe and yes, world 
peace.
  For the better part of the 20th Century, Western Europe and the U.S. 
have had an enormous stake in what has occurred in Southeastern Europe.
  However, we have not done enough to pay attention to what is 
happening there, dating back to the time when former Secretary of 
State, Jim Baker, said of Yugoslavia that ``we don't have a dog in this 
fight.''
  Unfortunately, that line of thinking has prevailed, and we've allowed 
Slobodan Milosevic to wreak havoc. Over the last decade, he has spread 
death and destruction to the people of Serbia, Kosovo and Croatia and 
we all know that U.S. troops now are in Kosovo and Bosnia because of 
him.
  Even a U.S. and NATO led air war last year was not sufficient to 
bring an end to the Milosevic regime.
  Since the end of the war, I have been working hard on three essential 
items that I believe will bring peace and stability to the region. 
First, I have been working with leaders here and abroad to help stop 
the ethnic cleansing in Kosovo; second, to try and make sure that we 
keep our promises to the Stability Pact of Southeast Europe. To that 
end, I recently met with Bodo Homback, the head of the Stability Pact 
to underscore the importance of the Stability Pact; and third, I have 
been working tirelessly to support democracy in Serbia, a cause I took 
on when I was governor of the State of Ohio.
  When I was in Bucharest at the Organization for the Security and 
Cooperation of Europe, OSCE, in July of this year, I introduced a 
resolution on Southeastern Europe that called to the attention of the 
OSCE's Parliamentary Assembly the situation in Kosovo and Serbia, and 
made clear the importance of democracy in Serbia.
  I pointed out to my OSCE colleagues in that resolution that Milosevic 
was a threat to the stability, peace and prosperity of the region. I 
argued that in order for the nations of that region to become fully 
integrated into Europe--for the first time in modern history--
Milosevic's removal from office was absolutely essential.
  My resolution put the OSCE, as a body, on record as condemning the 
Milosevic regime and insisting on the restoration of human rights, the 
rule of law, free press and respect for ethnic minorities in Serbia. I 
was pleased that my resolution passed, despite strong opposition by the 
delegation from the Russian Federation.
  Many people had become resigned to the fact that if the NATO bombing 
and the hardships that followed the end of the air war did not produce 
widespread anti-Milosevic sentiment, the prospect for Milosevic's 
removal from office by the Serbian people would not happen any time 
soon. Even Milosevic himself felt confident enough in his rulership of 
Yugoslavia to call for general elections nine months earlier than they 
were supposed to occur.
  On Sunday, September 24th, historic elections took place in 
Yugoslavia in spite of the worst type of conditions that could possibly 
hamper free and fair elections, including military and police presence 
at polling places; ballots counted by Milosevic appointees; reports of 
``ballot stuffing;'' intimidation of voters during the election 
process; and the refusal to allow independent observers to monitor 
election practices and results.
  In spite of all that, the people won. They won because of the old 
Serbian slogan--Samo, Sloga, Srbina, Spasava--which translates into 
``only unity can save the Serbs'', or, ``in unity there is strength for 
the Serbs.''
  And I might say the opposition finally got its act together with 
prayers to St. Sava, and with enlightenment from the Holy Spirit.
  It was the political force of the people that propelled law 
professor, and political unknown, Vojislav Kostunica, to victory.
  This monumental victory over an indicted war criminal proves that the 
Serb people strongly desire positive change. They want to see their 
country move beyond the angry rhetoric and nationalistic fires fanned 
by Milosevic.
  And let me make this point clear: Mr. Kostunica's victory and his 
support are not the result of Western influence.
  And although Milosevic had previously acknowledged that Mr. Kostunica 
had more votes, we learned yesterday afternoon that his pawns on the 
constitutional court declared that the September 24th elections were 
unconstitutional.
  This latest and most blatant attempt by Milosevic to thwart the will 
of the people is the final insult to the citizens of Yugoslavia.

[[Page 20872]]

  The citizens of Yugoslavia--through a constitutional election--have 
spoken. They have elected a new President.
  The Serb people, driven by a desire to live free from the 
dictatorship of Milosevic, have been pushed to take their election 
mandate by force. They are, at this very moment, engaged in a struggle 
to throw off the shackles of oppression.
  In light of these developments, I am prayerful that the Serb people 
will be able to enforce their will, and that they will remember their 
slogan--Samo, Sloga, Srbina, Spasava--and remain united at this very 
important time for freedom.
  I also pray that the Serb military and police forces will avoid 
bloodshed, recognizing that their brothers and sisters only seek the 
freedom that a tyrant has denied them.
  Let me be clear, Mr. President: this is not a revolution. The Serb 
people are enforcing the mandate of their election because this man who 
has been beaten refuses to relinquish power.
  He ought to understand that he's either going to walk out of there or 
go out on a stretcher or in a body bag.
  Mr. President, we in the United States must render our support to the 
Serb people immediately, and convince our allies and the nations of the 
world that Vojislav Kostunica is the new and legitimately elected 
leader of Serbia, and we need to convince Russia that they should 
immediately tell Milosevic that the game is over; it's time to go.
  Mr. President, we also need to assure the Serbian people--who have 
been long-standing friends of this nation and also our allies in World 
War II--that we are still their friends and that it is Milosevic who 
has been the problem, not the Serbian people.
  The Serb people need to know that with their new leader, Vojislav 
Kostunica, we will remove our sanctions against Serbia and help them 
re-invigorate their economy and re-establish their self-respect and the 
United States will welcome them into the light of freedom and a bright 
new chapter in Serbian history.
  Thank you Mr. President. I yield the floor.
  Mr. McCAIN. Mr. President, once again, we are witness to the belated 
if inevitable fall of a tyrannical regime that failed to convince the 
population under its control that its worst enemy lay outside that 
nation's borders. As I speak, the Serbian people are storming 
Yugoslavia's Parliament building and seizing television stations. In 
the town of Kolubara, coal miners and tens of thousands of supporters 
have openly and peacefully defied the Milosevic regime's efforts at 
stemming the tide of history. A regime that stands accused of crimes 
against humanity is on its deathbed, and the United States must not 
hesitate to declare its unequivocal support for those brave enough to 
defy that regime.
  The people of Yugoslavia have spoken very clearly. They turned out to 
elect a new President, and Slobodan Milosevic's efforts to manipulate 
the democratic process has not succeeded. The formidable internal 
security apparatus that Milosevic and his supporters in the Socialist 
Party, as well as the Yugoslav United Left, the Communist organization 
led by his wife Mirjana Markovic, have established cannot save him.
  The new defense doctrine President Milosevic approved just 2 months 
ago listed as its highest priority preservation of the regime that 
today finds itself under the gravest threat to its survival. While the 
United States must exercise care in how its role in developments in 
Serbia are perceived, it must not fail to lend its moral support to 
those fighting for democracy.
  Since 1992, the Balkans have been the scene of the bloodiest fighting 
in Europe since World War II. The wars that have ravaged Bosnia-
Herzegovina and Kosovo produced a list of war criminals that will take 
years to try, in the event they are brought to justice. A tremendous 
amount of the blame for that situation resides in one man--Slobodan 
Milosevic. He was instrumental in creating the environment in which 
those atrocities occurred and presided over military campaigns that 
gave the world a new and onerous phrase: ethnic cleansing.
  There are those who believe the United States did not have a role to 
play in supporting democratization in Serbia. Those of us who supported 
S.720, the Serbia Democratization Act, however, have remained firm in 
our conviction that U.S. support for democracy in that troubled nation 
was something to be proud of and could play a positive role in 
facilitating positive change in Yugoslavia. That S.720 has remained 
stuck in the House is unfortunate, but the message that it sent merely 
by its introduction was powerful. We cannot selectively stand for 
freedom and should not be ashamed that it provides the moral foundation 
of our foreign policy. Ongoing events in Serbia illustrate vividly the 
intense desire for democracy in Serbia and the United States should not 
hesitate to state its strong support for the election of Vojislav 
Kostunica and for the forces of change in Yugoslavia.
  The Balkan powderkeg is facing its most promising period of change 
since the end of the Cold War. We should not be idle witnesses to that 
change. I urge the House to speak forcefully on this issue by passing 
the Serbia Democratization Act at once. The symbolism of U.S. support 
for democratic change will not play into the hands of a discredited 
regime in its death throes. On the contrary, it will tell the people of 
Yugoslavia that we stand with them on the verge of a new era.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.


                             cloture motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The legislative clerk read as follows:

       We, the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the conference 
     report to accompany H.R. 4578, the Department of the Interior 
     appropriations bill.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
conference report to accompany H.R. 4578, the Interior appropriations 
bill, shall be brought to a close? The yeas and nays are required under 
the rule. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  Mr. REID. I announce that the Senator from California (Mrs. 
Feinstein) and the Senator from Connecticut (Mr. Lieberman) are 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote:
  The yeas and nays resulted--yeas 89, nays 8, as follows:

                      [Rollcall Vote No. 265 Leg.]

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Miller
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--8

     Breaux
     Feingold
     Fitzgerald
     Graham
     Inhofe
     Landrieu
     McCain
     Smith

                             NOT VOTING--3

     Feinstein
     Jeffords
     Lieberman
  The PRESIDING OFFICER. On this vote, the yeas are 89, the nays are 8.

[[Page 20873]]

Three-fifths of the Senators duly chosen and sworn having voted in the 
affirmative, the motion is agreed to.
  The Senator from Washington.
  Mr. GORTON. Will the Presiding Officer state what the order of 
business is now?
  The PRESIDING OFFICER. There is a time limit on the conference 
report, 10 minutes equally divided between the two managers, 10 minutes 
equally divided between the chairman and ranking member of the 
Appropriations Committee, 30 minutes under the control of Senator 
Landrieu, and 15 minutes under the control of Senator McCain.
  Mr. GORTON. I thank the Presiding Officer, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I rise in opposition to the bill.
  I ask unanimous consent that a list of the unauthorized and 
unrequested earmarks, earmarks added in conference, be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                          ____________________



 Objectionable Provisions in H.R. 4578, Conference Report for FY 2001, 
     Department of the Interior and Related Agencies Appropriations

                             Bill Language

       Additional $1,762,000 for assessment of the mineral 
     potential of public lands in Alaska pursuant to section 1010 
     of Public Law 96-487.
       Earmark of $2,000,000 provided to local governments in 
     southern California for planning associated with the Natural 
     Communities Conservation Planning (NCCP) program.
       Earmark of $1,607,000 for security enhancements in 
     Washington, D.C.
       Earmark of $1,595,000 for the acquisition of interests in 
     Ferry Farm, George Washington's Boyhood Home and for 
     management of the home.
       An additional $5,000,000 for Save America's Treasures for 
     various locale-specific projects.
       Earmark of $650,000 for Lake Champlain National Historic 
     Landmarks.
       Earmark of $300,000 for the Kendall County Courthouse.
       Earmark of $365,000 for the U.S. Grant Boyhood Home 
     National Historic Landmark which should be derived from the 
     Historic Preservation Fund.
       Earmark of $1,000,000 of the total of the grants made 
     available to the State of Maryland under Title IV of the 
     Surface Mining Control and Reclamation Act of 1977 if the 
     amount is set aside in an acid mine drainage abatement and 
     treatment fund established under a State law.
       Earmark of $300,000 shall be for a grant to Alaska Pacific 
     University for the development of an ANILCA training 
     curriculum.
       Provision stating that none of the funds in this Act may be 
     used to establish a new National Wildlife Refuge in the 
     Kankakee River basin that is inconsistent with the United 
     States Army Corps of Engineers' efforts to control flooding 
     and siltation in that area.
       Provision stating that notwithstanding any other provision 
     of law, the Secretary of the Interior shall designate 
     Anchorage, Alaska, as a port of entry for the purpose of 
     section 9(f)(1) of the Endangered Species Act of 1973.
       Provision stating that notwithstanding any other provision 
     of law, the Secretary of the Interior shall convey to Harvey 
     R. Redmond of Girdwood, Alaska, at no cost, all right, title, 
     and interest of the United States in and to United States 
     Survey No. 12192, Alaska, consisting of 49.96 acres located 
     in the vicinity of T. 9N., R., 3E., Seward Meridian, Alaska.
       Provision which requires a land exchange regarding the 
     Mississippi River Wildlife and Fish refuge.
       Provision which authorizes a land exchange in Washington 
     between the Fish and Wildlife Service and Othello Housing 
     Authority.
       Provision which authorizes the establishment of the First 
     Ladies National Historic Site in Canton, Ohio.
       Provision which authorizes the Palace of Governors in New 
     Mexico.
       Provision which authorizes the Southwestern Pennsylvania 
     Heritage Preservation Commission.
       Provision which redesignates the Cuyahoga Valley National 
     Recreation Area as a National Park.
       Provision which authorizes the Wheeling National Heritage 
     Area in West Virginia.
       Earmark of $500,000 to be available for law enforcement 
     purposes on the Pisgah and Nantahala National Forests.
       Earmark of $990,000 for the purpose of implementing the 
     Valles Caldera Preservation Act, which shall be available to 
     the Secretary for the management of the Valles Caldera 
     National Preserve, New Mexico.
       Earmark of $5,000,000 to be allocated to the Alaska Region, 
     in addition to its normal allocation for the purposes of 
     preparing additional timber for sale, to establish a 3-year 
     timber supply and such funds may be transferred to other 
     appropriations accounts as necessary to maximize 
     accomplishment.
       Earmark of $700,000 shall be provided to the State of 
     Alaska for monitoring activities at Forest Service log 
     transfer facilities, in the form of an advance, direct lump 
     sum payment.
       Earmark of $5,000,000 is appropriated and shall be 
     deposited into the Southeast Alaska Economic Disaster Fund 
     without further appropriation or fiscal year limitation. The 
     Secretary of Agriculture shall distribute these funds to the 
     City of Craig in fiscal year 2001.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the National 
     Forest System' and `Capital Improvement and Maintenance' 
     accounts and planned to be allocated to activities under the 
     `Jobs in the Woods' program for projects on National Forest 
     land in the State of Washington may be granted directly to 
     the Washington State Department of Fish and Wildlife for 
     accomplishment of planned projects.
       Language stating that funds appropriated to the Forest 
     Service shall be available for payments to counties within 
     the Columbia River Gorge National Scenic Area.
       Language stating that the Secretary of Agriculture is 
     authorized to enter into grants, contracts, and cooperative 
     agreements as appropriate with the Pinchot Institute for 
     Conservation, as well as with public and other private 
     agencies, organizations, institutions, and individuals, to 
     provide for the development, administration, maintenance, or 
     restoration of land, facilities, or Forest Service programs, 
     at the Grey Towers National Historic Landmark.
       Language stating that funds appropriated to the Forest 
     Service shall be available, as determined by the Secretary, 
     for payments to Del Norte County, California.
       Earmark of $5,000,000 to be designated by the Indian Health 
     Service as a contribution to the Yukon-Kuskokwim Health 
     Corporation (YKHC) to start a priority project for the 
     acquisition of land, planning, design and construction of 79 
     staff quarters at Bethel, Alaska, subject to a negotiated 
     project agreement between the YKHC and the Indian Health 
     Service.
       Provision stating that notwithstanding any other provision 
     of law, for fiscal year 2001 the Secretaries of Agriculture 
     and the Interior are authorized to limit competition for 
     watershed restoration project contracts as part of the `Jobs 
     in the Woods' component of the President's Forest Plan for 
     the Pacific Northwest or the Jobs in the Woods Program 
     established in Region 10 of the Forest Service to individuals 
     and entities in historically timber-dependent areas in the 
     States of Washington, Oregon, northern California and Alaska 
     that have been affected by reduced timber harvesting on 
     Federal lands.
       Provision which continues a provision regulating the export 
     of Western Red Cedar from National forest System Lands in 
     Alaska.
       Provision which continues to limit mining and prospecting 
     on the Mark Twain National Forest in Missouri.
       Provision limiting competition for fire and fuel treatment 
     and watershed restoration contracts in California.
       Provision that amends the Columbia River Gorge National 
     Scenic Area Act to expedite the acquisition of critical lands 
     within the NSA dealing with land appraisal assumptions 
     utilized by the Forest Service to acquire land within the 
     Columbia River Gorge National Scenic Area.
       Provision that adds the ``Boise Laboratory Replacement Act 
     of 2000'' that permits the sale of the Forest Service Boise, 
     ID, laboratory site, occupied by the Rocky Mountain Research 
     Station, and the use of the proceeds to purchase interests in 
     a multi-agency facility at the University of Idaho.

                       Conference Report Language

     Bureau of Land Management
       Earmark of $500,000 for Montana State University weed 
     program.
       Earmark of $750,000 for Idaho weed control.
       Earmark of $900,000 for Yukon River salmon.
       Earmark of $1,000,000 for Missouri River activities 
     associated with the Lewis and Clark Bicentennial celebration.
       Earmark of $500,000 for the Missouri River undaunted 
     stewardship program.
       Earmark of $700,000 for the development of a mining claim 
     information system in Alaska.
       Earmark of $500,000 for a coalbed methane EIS in Montana.
       Earmark of $650,000 for the Montana cadastral project.
       Earmark of $300,000 for the Utah geographic reference 
     project.
       Earmark of $2,400,000 for Alaska conveyance.
       Earmark of $500,000 to prepare an EIS for future coal bed 
     methane and conventional oil and gas development in the 
     Montana portion of the Power River Basin.
       Earmark of $500,000 for the Undaunted Stewardship program, 
     which will allow for local input and participation in grants 
     to protect historic sites along the Lewis and Clark Trail. 
     This program is to be cooperatively administered by the 
     Bureau and Montana State University.

[[Page 20874]]

       Language which encourages the Bureau to work with the Waste 
     Management Education and Research Consortium (WERC) at New 
     Mexico State University in addressing the problem of 
     abandoned mine sites in the western United States.
       Earmark of $482,000 for an Alaska rural fire suppression 
     program (Wildland fire management).
       Earmark of $482,000 for a rural Alaska fire suppression 
     program. (Wildland fire suppression).
       Earmark of $8,800,000 is to be made available to the 
     Ecological Restoration Institute (ERI) of Northern Arizona 
     University, through a cooperative agreement with the Bureau 
     of Land Management, to support new and existing ecologically-
     based forest restoration activities in ponderosa pine 
     forests.
       Earmark of $3,760,000 for construction at the Coldfoot 
     Visitor Center.
       Earmark of $400,000 for construction at the Fort Benton 
     Visitor Center.
       Earmark of $200,000 for construction at the California 
     Train Interpretive Center.
       Earmark of $500,000 for construction at the Blackwell 
     Island Facility.
       Language which encourages the Bureau to work with the town 
     of Escalante and Garfield County, UT to ensure that the 
     construction of the science center is consistent with the 
     Escalante Center master plan.
       Earmark of $5,000,000 for land acquisition in El Dorado 
     County, CA.
       Earmark of $2,000,000 for land acquisition at Organ 
     Mountains, New Mexico.
       Earmark of $2,000,000 for land acquisition for Upper Crab 
     Creek, Washington.
     Fish and Wildlife Service
       Earmark of $2,000 for Everglades for resource management.
       Earmark of $1,500,000 for cold water fish in Montana and 
     Idaho.
       Earmark of $270,000 for the California/Nevada desert 
     resource initiative.
       Earmark of $1,000,000 for Central Valley and Southern 
     California habitat conservation planning.
       Earmark of $500,000 for bighorn sheep conservation in 
     Nevada.
       Increases in the recovery program include $5,000,000 for 
     matching grants for Pacific salmon conservation and 
     restoration in Washington.
       Earmark of $288,000 for wolf recovery in Idaho.
       Earmark of $100,000 for wolf monitoring by the Nez Perce 
     tribe.
       Earmark of $600,000 for eider research at the Alaska 
     SeaLife Center.
       Earmark of $600,000 for Lahontan cutthroat trout 
     restoration.
       Earmark of $500,000 for the black capped vireo in Texas.
       Increase of $1,400,000 for Washington salmon enhancement.
       Increase of $4,000 for bull trout recovery in Washington.
       Increase of $500,000 for private lands conservation efforts 
     in Hawaii.
       Increase of $50,000 for rehabilitation of the White River 
     in Indiana in response to a recent fish kill.
       Increase of $252,000 in project planning for the Middle Rio 
     Grande Bosque program.
       Increase of $350,000 for Long Live the Kings and Hood Canal 
     Salmon Enhancement Group.
       Increase of $575,000 to reduce sea bird by-catch in Alaska.
       Increase of $360,000 for staffing and operations associated 
     with the new port of entry designation in Anchorage, Alaska.
       Increase of $5,000,000 for the Washington Hatchery 
     Improvement Project.
       Increase of $184,000 for marking of hatchery salmon in 
     Washington.
       Earmark of $11,051,000 for the Alaska subsistence program.
       Earmark of $750,000 for the Klamath River flow study.
       Earmark of $500,000 for Trinity River restoration.
       Earmark of $200,000 for Yukon River fisheries management 
     studies.
       Earmark of $100,000 for Yukon River Salmon Treaty education 
     efforts.
       Increase of $2,000,000 for Pingree Forest non-development 
     easements in Maine to be handled through the National Fish 
     and Wildlife Foundation.
       The increase provided in consultation for cold water fish 
     in Montana and Idaho are for preparation and implementation 
     of plans, programs, or agreements identified by the States of 
     Idaho and Montana that will address habitat for freshwater 
     aquatic species on non-Federal lands.
       Earmark of $800,000 in new joint ventures funding for the 
     Atlantic Coast.
       Earmark of $750,000 in new joint ventures funding for Lower 
     Mississippi.
       Earmark of $650,000 in new joint ventures funding for Upper 
     Mississippi.
       Earmark of $1,400,000 in new joint ventures funding for 
     Prairie Pothole.
       Earmark of $700,000 in new joint ventures funding for Gulf 
     Coast.
       Earmark of $700,000 in new joint ventures funding for Playa 
     Lakes.
       Earmark of $400,000 in new joint ventures funding for 
     Rainwater Basin.
       Earmark of $1,000,000 in new joint ventures funding for 
     Intermountain West.
       Earmark of $550,000 in new joint ventures funding for 
     Central Valley.
       Earmark of $700,000 in new joint ventures funding for 
     Pacific Coast.
       Earmark of $370,000 in new joint ventures funding for San 
     Francisco Bay.
       Earmark of $400,000 in new joint ventures funding for 
     Sonoran.
       Earmark of $370,000 in new joint ventures funding for 
     Arctic Goose.
       Earmark of $370,000 in new joint ventures funding for Black 
     Duck.
       Earmark of $550,000 in new joint ventures funding for Sea 
     Duck.
       Earmark of $593,000 for Alaska Maritime NWR, AK 
     (Headquarters/Visitor Center).
       Earmark of $500,000 for Bear River NWR, UT (Water 
     management facilities).
       Earmark of $3,600,000 for Bear River NWR, UT (Education 
     Center).
       Earmark of $350,000 for Canaan Valley NWR, WV (Heavy 
     equipment replacement).
       Earmark of $500,000 for Clarks River NWR, KY (Garage and 
     visitor access).
       Earmark of $250,000 for Great Dismal Swamp NWR, VA 
     (Planning and public use).
       Earmark of $800,000 for John Heinz NWR, PA (Administrative 
     wing).
       Earmark of $700,000 for Kealia Pond NWR, HI (Water control 
     structures).
       Earmark of $180,000 for Kodiak NWR, AK (Visitor Center/
     planning).
       Earmark of $130,000 for Mason Neck NWR, VA (ADA 
     accessibility).
       Earmark of $600,000 for Mason Neck NWR, VA (Non-motorized 
     trail).
       Additional $5,000,000 for National Conservation Training 
     Center, WV (Fourth Dormitory).
       Earmark of $2,000,000 for Noxubee NWR, MS (Visitor Center).
       Earmark of $300,000 for Pittsford NFH, VT (Planning and 
     design/hatchery rehabilitation).
       Earmark of $115,000 for Seatuck & Sayville NWRs, NY 
     (Visitor facilities).
       Earmark of $1,512,000 for Silvio O. Conte NWR, VT 
     (Education Center).
       Earmark of $1,100,000 for White River NWR, AR (Visitor 
     Center construction).
       Earmark of $350,000 for White Sulphur Springs NFH, WV 
     (Holding and propagation).
       Earmark of $20,000 for White Sulphur Springs NFH, WV 
     (Office renovations).
       Earmark of $500,000 for land acquisition at Back Bay NWR 
     (VA).
       Earmark of $1,000,000 for land acquisition for Big Muddy 
     NWR (MO).
       Earmark of $1,000,000 for land acquisition for Bon Secour 
     NWR (AL).
       Earmark of $1,750,000 for land acquisition for Centennial 
     Valley NWR (MT).
       Earmark of $500,000 for land acquisition for Clarks River 
     NWR (KY).
       Earmark of $2,100,000 for land acquisition for Dakota 
     Tallgrass Prairie Project (SD).
       Earmark of $1,000,000 for land acquisition for Edwin B. 
     Forsythe NWR (NJ).
       Earmark of $1,150,000 for land acquisition for Grand Bay 
     NWR (AL).
       Earmark of $1,500,000 for land acquisition for Lake Umbagog 
     NWR (NH).
       Earmark of $500,000 for land acquisition for Minnesota 
     Valley NWR (MN).
       Earmark of $600,000 for land acquisition for Neal Smith NWR 
     (IA).
       Earmark of $1,000,000 for land acquisition for Northern 
     Tallgrass NWR (MN).
       Earmark of $800,000 for land acquisition for Patoka River 
     NRW (IN).
       Earmark of $1,300,000 for land acquisition for Prime Hook 
     NWR (DE).
       Earmark of $750,000 for land acquisition for Silvo O. Conte 
     NWR (CT/MA/NH/VT).
       Earmark of $1,500,000 for land acquisition for Stewart B. 
     McKinney NWR (CT).
       Earmark of $1,000,000 for land acquisition for Waccamaw NWR 
     (SC).
       Earmark of $1,000,000 for land acquisition for Walkill 
     River (NJ).
     National Park Service
       Earmark of $975,000 for the 9 National Trails.
       Increase of $2,300,000 for Harpers Ferry Design Center.
       Earmark of $350,000 to repair the lighthouse at Fire Island 
     NS.
       Earmark of $75,000 to repair the Ocean Beach Pavilion at 
     Fire Island, NS.
       Earmark of $309,000 for repairs of the Bachlott House.
       Earmark of $100,000 for the Alberty House which are both 
     located at Cumberland Island NS.
       Earmark of $500,000 for maintenance projects at the Ozark 
     National Scenic Riverways Park.
       Earmark of $200,000 for a wilderness study at Apostle 
     Islands NL, WI.
       Language that directs the National Park Service make 
     sufficient funds available to assure that signs marking the 
     Lewis and Clark route in the State of North Dakota are 
     adequate to meet National Park Service standards.
       Language that directs that, within the amounts provided for 
     operation of the National Park System, the Service shall 
     provide the necessary funds, not to exceed $350,000, for the 
     Federal share of the cooperative effort to provide emergency 
     medical services in the Hawaii Volcanoes National Park.
       Language stating that consideration should be given to 
     groups involved in hiking and biking trails in southeastern 
     Michigan and the Service is encouraged to work cooperatively 
     with groups in this area.
       Increase of $100,000 for Gettysburg NMP technical 
     assistance.

[[Page 20875]]

       Increase of $250,000 for the National Center for 
     Preservation Technology.
       Language that directs that implementation funds for the 
     Hudson River Valley National Heritage Area are contingent 
     upon National Park Service approval of the management and 
     interpretive plans that are currently being developed.
       Earmark of $742,000 for Alaska Native Cultural Center.
       Earmark of $100,000 for Aleutian World War II National 
     Historic Area.
       Earmark of $2,300,000 for Chesapeake Bay Gateways.
       Earmark of $300,000 for Dayton Aviation Heritage 
     Commission.
       Earmark of $2,250,000 for Four Corners Interpretive Center.
       Earmark of $500,000 for Lamprey River.
       Earmark of $500,000 for Mandan On-a-Slant Village.
       Earmark of $500,000 for National First Ladies Library.
       Additional $40,000 for Roosevelt Campobello International 
     Park Commission.
       Earmark of $500,000 for Route 66 National Historic Highway.
       Earmark of $495,000 for Sewall-Belmont House.
       Earmark of $400,000 for Vancouver National Historic 
     Reserve.
       Earmark of $594,000 for Wheeling National Heritage Area.
       Earmark of $100,000 for Women's Progress Commission.
       An additional $7,276,000 for various locale-specific 
     Historic Preservation projects.
       Earmark of $500,000 for Antietam NB, MD (stabilize/restore 
     battlefield structures).
       Earmark of $1,360,000 for Apostle Islands NL, WI (erosion 
     control).
       Additional $600,000 for Apostle Islands NL, WI (rehab Outer 
     Island lighthouse).
       Earmark of $300,000 for Canaveral NS, FL (Seminole Rest).
       Earmark of $300,000 for Canaveral NS, FL.
       Earmark of $4,000,000 for Corinth NB, MS (construct visitor 
     center).
       Earmark of $779,000 for Cumberland Island NS, GA (St. 
     Mary's visitor center).
       Additional $1,000,000 for Cuyahoga NRA, OH (stabilize 
     riverbank).
       Earmark of $1,300,000 for Dayton Aviation NHP, OH (east 
     exhibits).
       Earmark of $114,000 for Delaware Water Gap NRA, PA/NJ 
     (Depew site).
       Earmark of $350,000 for Down East Heritage Center, ME.
       Earmark of $500,000 for Dry Tortugas NP, FL (stabilize and 
     restore fort).
       Earmark of $129,000 for Edison NHS, NJ (preserve historic 
     buildings and museum collections).
       Earmark of $1,175,000 for Edison NHS, NJ.
       Earmark of $1,500,000 for Ft. Stanwix NM, NY (completes 
     rehabilitation).
       Earmark of $386,000 for Ft. Washington Park, MD (repair 
     masonry wall).
       Earmark of $300,000 for Gateway NRA, NY/NJ (preservation of 
     artifacts at Sandy Hook unit).
       Earmark of $100,000 for George Washington Memorial Parkway, 
     MD/VA (Belle Haven).
       Earmark of $300,000 for George Washington Memorial Parkway, 
     MD/VA (Mt. Vernon trail).
       Earmark of $511,000 for Grand Portage NM, MN (heritage 
     center).
       Earmark of $1,500,000 for Hispanic Cultural Center, NM 
     (construct cultural center).
       Earmark of $3,000,000 for Hot Springs NP, AR 
     (rehabilitation).
       Earmark of $2,500,000 for John H. Chafee Blackstone River 
     Valley NHC, RI/MA.
       Earmark of $795,000 Kenai Fjords NP, AK (completes 
     interagency visitor center design).
       Earmark of $10,000,000 for Lincoln Library, IL.
       Earmark of $290,000 for Lincoln Home NHS, IL (restore 
     historic structures).
       Earmark of $487,000 for Longfellow NHS, MA (carriage barn).
       Additional $945,000 for Manzanar NHS, CA (establish 
     interpretive center and headquarters).
       Earmark of $2,543,000 for Missouri Recreation River 
     Research & Education Center, NE (Ponca State Park).
       Earmark of $500,000 for Morristown NHP, NJ.
       Earmark of $500,000 for Morris Thompson Visitor and 
     Cultural Center, AK (planning).
       Earmark of $150,000 for Mt. Rainier NP, WA (exhibit 
     planning and film).
       Additional $7,500,000 for National Constitution Center, PA 
     (Federal contribution).
       Earmark of $6,000,000 for National Underground RR Freedom 
     Center, OH.
       Earmark of $338,000 for New Jersey Coastal Heritage Trail, 
     NJ (exhibits, signage).
       Earmark of $800,000 for New River Gorge NR, WV (repair 
     retaining wall, visitor facilities, technical support).
       Earmark of $445,000 for New River Gorge NR, WV (repair 
     retaining wall, visitor facilities, technical support).
       Earmark of $10,000,000 for Palace of the Governors, NM 
     (build museum).
       Earmark of $203,000 for Palo Alto Battlefield NHS, TX 
     (completes visitor center).
       Earmark of $1,614,000 for Palo Alto Battlefield NHS, TX 
     (completes visitor center).
       Earmark of $1,000,000 for Shiloh NMP, TN (erosion control).
       Earmark of $3,000,000 for Southwest Pennsylvania Heritage, 
     PA (rehabilitation).
       Earmark of $240,000 for St. Croix NSR, WI (planning for VC/
     headquarters; rehabilitate river launch site).
       Earmark of $330,000 for St. Croix NSR, WI (planning for VC/
     headquarters; rehabilitate river launch site).
       Earmark of $445,000 for St. Gaudens NHS, NH (collections 
     building, fire suppression).
       Earmark of $20,000 for St. Gaudens NHS, NH (collections 
     building, fire suppression).
       Earmark of $340,000 for Statue of Liberty and Ellis Island, 
     NY/NJ (ferry terminal utilities).
       Earmark of $2,000,000 for Statue of Liberty and Ellis 
     Island, NY/NJ (ferry terminal utilities).
       Earmark of $500,000 for Tuskegee Airmen NHS, AL 
     (stabilization planning).
       Earmark of $365,000 for U.S. Grant Boyhood Home, OH 
     (rehabilitation).
       Earmark of $2,000,000 for Vancouver NHR, WA (exhibits, 
     rehabilitation).
       Earmark of $739,000 for Vicksburg NMP, MS (various).
       Earmark of $550,000 for Vicksburg NMP, MS (various).
       Earmark of $788,000 for Washita Battlefield NHS, OK 
     (visitor center planning).
       Earmark of $4,000,000 for Wheeling Heritage Area, WV
       Earmark of $38,000 for Wilson's Creek NB, MO (complete 
     library).
       Earmark of $200,000 for Wright Brothers NM, NC (planning 
     for visitor center restoration).
       Earmark of $1,500,000 to complete the Federal investment at 
     Fort Stanwix NM in New York.
       Language expecting the Service to provide the necessary 
     funds, within the amounts provided for Equipment Replacement, 
     to replace the landing craft at Cumberland Island NS and 
     replace the airplane at Glen Canyon National Recreation Area.
       Earmark of $300,000 to initiate a Lincoln Highway Study to 
     initiate a study to define the cultural significance and 
     value to the Nation of the Congaree Creek site in Lexington 
     County, SC, as part of the Congaree National Swamp Monument, 
     and a study for a national heritage area in the Upper 
     Housatonic Valley in Northwest Connecticut.
       Land Acquistion and Conservation Fund:
       Earmark of $200,000 for Apostle Islands NL (WI).
       Earmark of $1,200,000 for Appalachian NST (Ovoka Farm) 
     (VA).
       Earmark of $1,000,000 for Brandywine Battlefield (PA).
       Earmark of $1,200,000 for Chickamauga/Chattanooga NMP (TN).
       Earmark of $1,000,000 for Delaware Water Gap NRA (PA).
       Earmark of $3,250,000 for Ebey's Landing NHR (WA).
       Earmark of $2,000,000 for Gulf Islands NS (Cat Island) 
     (MS).
       Earmark of $2,000,000 for Ice Age NST (Wilke Tract) (WI).
       Earmark of $2,000,000 for Indiana Dunes NL (IN).
       Earmark of $1,300,000 for Mississippi National River RA 
     (Lower Phalen Creek) (MN).
       Earmark of $2,700,000 for Petroglyph NM (NM).
       Earmark of $2,200,000 for Saguaro NP (AZ).
       Earmark of $1,000,000 for Shenandoah NHA (VA).
       Earmark of $1,300,000 for Sitka NHP (Sheldon Jackson 
     College) (AK).
       Earmark of $1,100,000 for Sleeping Bear Dunes NL (MI).
       Earmark of $1,500,000 for Stones River NB (TN).
       Earmark of $1,500,000 for Wrangell-St. Elias NP & Pres. 
     (AK).
       Earmark of $2,000,000 for the purchase of Cat Island, MS 
     (subject to authorization).
       Earmark of $1,000,000 included for the Shenandoah Valley 
     Battlefields National Historic District is contingent upon 
     the final approval by the Secretary of the Interior of the 
     Commission.
       Earmark of $1,500,000 for the intended purchase of patented 
     mining claims in Wrangell-St. Elias National Park by the 
     National Park Service.
       Earmark of $250,000 for the Hawaiian volcano program.
       Earmark of $475,000 for Yukon Flats geology surveys.
       Earmark of $1,200,000 for the Nevada gold study.
       Earmark of $300,000 for Lake Mead/Mojave research.
       Earmark of $300,000 for the Lake Champlain toxic study.
       Earmark of $450,000 for Hawaiian water monitoring.
       Earmark of $300,000 for the Southern Maryland aquifer 
     study.
       Earmark of $180,000 for a Yukon River chum salmon study.
       Earmark of $750,000 for the continuation of the Mark Twain 
     National Forest mining study to be accomplished in 
     cooperation with the water resources division and the Forest 
     Service.
       Earmark of $4,000,000 to create NBII `nodes' to work in 
     conjunction with private and public partners to provide 
     increased access to and organization of information to 
     address these and other challenges. These funds are to be 
     distributed as follows: $350,000 for Pacific Basin, Hawaii; 
     $1,000,000 for Southwest,

[[Page 20876]]

     Texas; $1,000,000 for Southern Appalachian, Tennessee; 
     $200,000 for Pacific Northwest, Washington; $250,000 for 
     Central Region, Ohio; $200,000 for North American Avian 
     Conservation, Maryland; $250,000 for Network Standards and 
     Technology, Colorado; $400,000 for Fisheries Node, Virginia 
     and Pennsylvania; $200,000 for California/Southwest 
     Ecosystems Node, California; and, $150,000 for Greater 
     Yellowstone Ecosystem Node, Montana.
       Language stating that funding is provided for light 
     distancing and ranging (LIDAR) technology to assist with 
     recovery of Chinook Salmon and Summer Chum Salmon under the 
     Endangered Species Act. These funds should be used in Mason 
     County, WA
     Bureau of Indian Affairs
       Earmark of $500,000 for Alaska subsistence.
       Earmark of $176,000 for the Reindeer Herders Association.
       Earmark of $1,000,000 for a distance learning, 
     telemedicine, fiber optic pilot program in Montana.
       Earmark of $146,000 for Alaska legal services.
       Earmark of $200,000 for forest inventory for the Uintah and 
     Ouray tribes.
       Earmark of $300,000 for a tribal guiding program in Alaska.
       Earmark of $1,000,000 for the distance learning project on 
     the Crow, Fort Peck, and Northern Cheyenne reservations.
       Increase of $1,250,000 for Aleutian Pribilof church 
     repairs, which completes this program as authorized.
       Increase of $50,000 for Walker River (Weber Dam).
       Increase of $200,000 for Pyramid Lake.
       Increase of $2,000,000 for the Great Lakes Fishing 
     Settlement.


                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

     Forest Service
       Earmark of $250,000 to the University of Washington 
     silviculture effort at the Olympic Natural Resource Center. 
     The managers have also agreed with Senate direction 
     concerning funding levels for the wood utilization laboratory 
     in Sitka, AK, and for operations of the Forest Research 
     Laboratories located in Princeton, Parsons, and Morgantown, 
     WV, and funds for the CROP study on the Colville National 
     Forest, WA.
       Language which directs the Forest Service to provide total 
     operational funding of $750,000 to the Rapid City, SD, lab.
       Language which directs the Forest Service to provide 
     $502,000 in appropriated funds for the Wind River canopy 
     crane, WA. This funding includes proposed funding for the New 
     York City watershed and the Senate proposed funding for Utah 
     technical education and State of Washington stewardship 
     activities.
       An additional $750,000 for an update of the cooperative 
     study on the New York-New Jersey highlands area.
       Language directing $1,400,000 to the Ossippee Mountain 
     conservation, easement NH, and also to direct no less than 
     $2,000,000 to the Great Mountain, CT, easement, and no less 
     than $2,000,000 for the West Branch, ME, project.
       Language stating the importance of forest protection in 
     South Carolina and encourage the Forest Service to work with 
     the appropriate State agencies to ensure continuation of 
     these much needed protections.
       Increase of $450,000 for the Chicago Wilderness Study.
       Earmark of $500,000 for cooperative activities in Forest 
     Park in St. Louis, MO.
       Earmark of $250,000 in a direct lump sum payment for the 
     United Fisherman of Alaska to implement an educational 
     program to deal with subsistence management and other 
     fisheries issues.
       Earmark of $5,000,000 to assist a land transfer for Kake, 
     AK; these funds are contingent upon an authorization bill 
     being enacted.
       Earmark of $2,000,000 to cost-share kiln-drying facilities 
     in southeast and south-central Alaska.
       Language stating that the funds provided for reforestation 
     on abandoned mine lands in Kentucky are to be matched with 
     funds provided in this bill to the Department of Energy for 
     carbon sequestration research, as well as other non-federal 
     funds.
       Earmark of $900,000 for the University of Washington and 
     Washington State University extension forestry effort.
       Earmark of $1,878,000 for Columbia River Gorge economic 
     development in the States of Washington and Oregon.
       Earmark of $300,000 for the CROP project on the Colville 
     NF, WA.
       Earmark of $1,000,000 for acid mine clean-up on the Wayne 
     NF, OH.
       Earmark of $360,000 for the Rubio Canyon waterline analysis 
     on the Angeles NF, CA.
       Increase of $1,500,000 increase for aquatic restoration in 
     Washington and Oregon.
       Increase of $1,250,000 increase for Lake Tahoe watershed 
     protection.
       Increase of $300,000 for invasive weed programs on the 
     Okanogan NF and other eastern Washington national forests 
     with no more than five percent of these funds to be assessed 
     as indirect costs.
       Earmark of $200,000 for the Batten Kill River, VT, project.
       Earmark of $700,000 for operations of the Continental 
     Divide trail.
       Earmark of $100,000 for the Monongahela Institute effort at 
     Seneca Rocks, WV.
       Earmark of $120,000 for the Monongahela NF, Cheat Mountain 
     assessment, WV.
       Earmark of $100,000 for cooperative recreational site 
     planning on the Wayne NF, OH.
       Earmark of $100,000 for cooperative efforts regarding 
     radios for use at Tuckerman's Ravine on the White Mountain 
     NF, NH.
       Earmark of $68,000 for the Talimena scenic byway.
       Language which directs the Forest Service to conduct a 
     feasibility study on constructing a recreational lake on the 
     Bienville NF in Smith County, MS.
       Earmark of $790,000 for forestry treatments on the Apache-
     Sitgreaves NF, AZ.
       Earmark of $250,000 for a Pacific Crest trail lands team.
       Earmark of $500,000 for special needs on the Pisgah and 
     Nantahala NFs.
       Additional $2,000,000 for the Quincy Library Group project, 
     CA.
       Additional $5,000,000 for Tongass NF, AK, timber pipeline.
       Earmark of $500,000 in the minerals and geology management 
     activity to support necessary administrative duties related 
     to the Kensington Mine in southeast Alaska.
       Earmark of $600,000 is provided for cooperative research 
     and technology development between Federal fire research and 
     fire management agencies and the University of Montana 
     National Center for Landscape Fire Analysis.
       Earmark $263,000 for Apache-Sitgreaves NF, AZ, urban 
     interface.
       Earmark of $6,947,000 for windstorm damage in Minnesota.
       Earmark of $1,500,000 for the Lake Tahoe basin.
       Earmark of $2,400,000 for work on the Giant Sequoia 
     National Monument and Sequoia National Forests.
       Earmark of $7,500,000 is a direct lump sum payment to the 
     Kenai Peninsula Borough to complete the activities outlined 
     in the spruce bark beetle task force action plan. Ten percent 
     of these funds shall be made available to the Cook Inlet 
     Tribal Council for reforestation on Native inholdings and 
     Federal lands identified by the task force.
       Language emphasizing the need for a cost-share for the Grey 
     Towers, PA, funding.
       Language encouraging the Forest Service to work with Tulare 
     County, CA, on plans for recreational facilities.
       Earmark of $2,000,000 for the Forest Service to develop a 
     campground in the Middle Fork Snoqualmie Valley in the Mt. 
     Baker-Snoqualmie National Forest, WA.
       Earmark of $2,000,000 to purchase non-development scenic 
     easements in Pingree Forest, ME.
       Earmark for Lake Tahoe, NV of $2,000,000 for cooperative 
     erosion grants in State and private forestry, $1,250,000 for 
     the NFS vegetation and watershed activity to enhance 
     restoration of sensitive watersheds, $1,500,000 in capital 
     improvement and maintenance to help fix the ailing road 
     system, and $1,500,000 in wildfire management funding to 
     enhance forest health by reducing hazardous fuel.
       Earmark of $5,500,000 for management of national forest 
     system lands for subsistence uses in Alaska as proposed by 
     the Senate.
       The Forest Service is encouraged to give priority to 
     projects for the Alaska jobs-in-the-woods program that 
     enhance the southeast Alaska economy, such as the Southeast 
     Alaska Intertie.
       Increase of $2,000,000 is provided for a demonstration of 
     solid oxide technology in Nuiqsut, Alaska.
       Earmark of $278,000 for the Golden, CO, field office.
     Indian Health Service
       Earmark of $225,000 for the Shoalwater Bay infant mortality 
     prevention program.
       Increases for the Alaska immunization program include 
     $70,000 for pay costs and $2,000 for additional 
     immunizations.
       Within the funding provided for contract health services, 
     the Indian Health Service should allocate an increase to the 
     Ketchikan Indian Corporation's (KIC) recurring budget for 
     hospital-related services for patients of KIC and the 
     Organized Village of Saxman (OVS) to help implement the 
     agreement reached by the Indian Health Service, KIC, OVS and 
     the Southeast Alaska Regional Health Corporation on September 
     12, 2000. The additional funding will enable KIC to purchase 
     additional related services at the local Ketchikan General 
     Hospital.
       Earmark of $1,000,000 for the Northwest Portland area AMEX 
     program.
       Earmark of $4,500,000 is provided for construction of the 
     Smithsonian Astrophysical Observatory's facility at Hilo, 
     Hawaii.


               title v--emergency/supplemental provisions

     Department of Interior
       $1,500,000 for the preparation and implementation of plans, 
     programs, or agreements identified by the State of Idaho that 
     will address habitat for freshwater aquatic species on non-
     Federal lands in the State.
       $1,000,000 to be made available to the State of Idaho to 
     fund habitat enhancement, maintenance, or restoration 
     projects consistent with such plans, programs, or agreements.
       $5,000,000 for the conservation and restoration of Atlantic 
     salmon in the Gulf of Maine,

[[Page 20877]]

     with funds provided to the National Fish and Wildlife 
     Foundation, the Atlantic Salmon Commission and the National 
     Academy of Sciences for specified activities.
       $8,500,000 to various specific locales to repair or replace 
     buildings, equipment, roads, bridges, and water control 
     structures damaged by natural disasters; funds are to be used 
     for repairs to Service property in the states of Maryland, 
     New Jersey, North Carolina, Pennsylvania, South Carolina, 
     Virginia, and Washington.
       $1,2000,000 for repair of the portions of the Yakima 
     Nation's Signal Peak Road.
       An additional $1,800,000 for repairs in Alaska, Colorado, 
     Connecticutt, Florida, Georgia, Kansas, Maryland-Delaware-
     Washington, D.C., Massachusetts-Rhode Island, Nevada, New 
     Hampshire-Vermont, New Jersey, New York, North Carolina, 
     North Dakota, Pennsylvania, South Carolina, South Dakota, and 
     Virginia.
     Department of Agriculture

       $2,000,000 for an avalanche prevention program in the 
     Chugach National Forest, Kenai National Park, Kenai National 
     Wildlife Refuge and nearby public lands.
       $7,249,000 to the National forest system for damage caused 
     by severe windstorms in the States of Minnesota and 
     Wisconsin.

Total earmarks in report...................................$372,064,000
Total supplemental/emergency earmarks........................28,249,000
Total combined earmarks.....................................400,313,000

  Mr. McCAIN. Mr. President, first, I congratulate Mr. Fitzgerald, the 
Senator from Illinois, for his valiant effort to prevent a contract to 
be let without any competition. I do not understand why contracts that 
entail expenditure of taxpayers' funds should not be let in a 
competitive fashion so that the taxpayers can receive the maximum value 
for their investments in their Government. I congratulate Senator 
Fitzgerald for his valiant effort.
  This year's final agreement provides a much-needed infusion of 
funding for conservation, wildlife management, and Native American 
programs. However, once again, I express my objections to the amount of 
excessive pork barrel spending and extraneous legislative riders 
included in this final agreement.
  The agreement exceeds its overall budget by $2.5 billion, increasing 
spending by 25 percent, with funding levels that are close to $4 
billion higher than the House bill and $3 billion more than the Senate 
bill.
  We are entering a remarkable phase of American political history. The 
spigot is on, and it is on in a fashion I have not seen in the years I 
have spent in the Congress.
  The new conference agreement has taken pork barrel spending to higher 
proportions by adding more than $120 million more in earmarks that 
either were not included in the Senate or House bill or added funding 
for unrequested or unauthorized projects. In addition to higher amounts 
of pork barrel spending, appropriators conveniently designated billions 
more in emergency spending, including nearly $30 million in ``emergency 
funds'' for locale-specific earmarks.
  As I said, I have a list that was printed in the Record. Several of 
our favorites: $1.25 million for weed programs at Montana State 
University and Idaho--weed programs that are specific to two 
universities; $5.25 million for a new dormitory at the National 
Constitution Training Center; $20,000 for office renovations at the 
White Sulfur Springs National Fish Hatchery. Guess where. West 
Virginia. We have several fish hatcheries in my State of Arizona. I 
wonder if maybe we could get a little refurbishment for our offices, as 
well as those in West Virginia.
  There is $487,000 for a carriage barn in Longfellow National Historic 
Site in Massachusetts--a carriage barn.
  Here is one of my favorites. I think we should all be impressed by 
the pressing need for this: $176,000 for the Reindeer Herders 
Association. For the Reindeer Herders Association, $176,000 is 
earmarked.
  That also happens to be out of the Bureau of Indian Affairs funding. 
Never mind that we have dilapidated housing, terrible schools, 
nutrition programs that need to be funded in the Bureau of Indian 
Affairs, my friends, but we put in $176,000 for that vitally needed 
Reindeer Herders Association. I am sure Santa Claus is very pleased 
that these funds will be going to the Reindeer Herders Association.
  You will find something very interesting, Mr. President, as I go 
through the list of earmarks and as people read the Record. You will 
see the names Alaska, West Virginia, Washington State, and Hawaii 
appear with amazing frequency, which I am sure is pure coincidence.
  So we have $1 million for a distance learning telemedicine, fiber-
optic pilot program in Montana.
  Here is an important one. Here is a vital item that had to be 
earmarked: $1.5 million to refurbish the Vulcan Statue in Alabama. I am 
not familiar with the Vulcan Statue, but I am sure it needed to be 
refurbished over any other statue in America that may need to be 
refurbished.
  Here is one that should interest taxpayers and entertain all of us: 
$400,000 for the Southside Sportsman Club in New York. Take heart, all 
Southside sportsmen, help is on the way: $400,000 for your operations.
  There is $5 million for the Southeast--guess where--Alaska Economic 
Disaster Fund, which was not included in either the Senate or House 
proposals, ordered to be used for Craig, AK, to assist with economic 
development. Times are tough in Craig, my friends. They need $5 million 
in Craig.
  I urge those who are interested to find out what the population of 
Craig, AK, might be. I think that might turn out to be a fair amount of 
money per capita.
  There is $500,000 for administrative duties at the Kensington Mine in 
southeast Alaska--ta-da, Mr. President--for administrative duties at 
the Kensington Mine in southeast Alaska.
  We have lots of mines in my State. I hope they will consider helping 
them with their administrative duties in their mines, as well.
  Mr. President, the list goes on and on and on.
  So $2 million for the purchase of Cat Island in Mississippi; $5 
million for a land transfer in Kake, AK; $4.6 million for the Wheeling 
National Heritage Area in West Virginia, which has received earmarks in 
previous Interior appropriations without any authorization. I should 
point out that new legislative language was tacked on to this report to 
finally authorize this project, although it certainly never went 
through the normal process of approval.
  I hope the taxpayers will be able to see how we are spending their 
dollars. It is remarkable.
  I believe in the debate one of the candidates was saying: You ain't 
seen nothing yet. Mr. President, you ain't seen nothing yet. Wait until 
we get to the omnibus bill which very few of us will have ever seen or 
read when we vote yes or no on it. We will have a remarkable document, 
one I think historians in the centuries ahead will view with interest 
and puzzlement.
  Mr. President, I yield the remainder of my time.


              atlantic salmon conservation and restoration

  Ms. COLLINS. I want to thank the distinguished Chairman of the 
Interior Appropriations Subcommittee for his invaluable help in 
securing funding for vital, time-sensitive, on-the-ground Atlantic 
salmon conservation and restoration programs in Maine on an emergency 
basis. Due to your efforts, $5.0 million in emergency appropriations 
were included in the Interior Appropriations conference report for this 
purpose. It is critical that these funds be on the ground this year in 
order to demonstrate a federal financial commitment to salmon in my 
State, and that a listing under the Endangered Species Act is not 
necessary to conserve and restore Maine's Atlantic salmon.
  Mr. GORTON. My home state, too, has experienced the disruption that a 
federal endangered species listing can cause. I therefore appreciate 
the importance and urgency of the funds sought by the Senator from 
Maine.
  Ms. COLLINS. The emergency appropriation included in the Interior 
Appropriations conference report will make a substantial contribution 
to salmon conservation and restoration efforts in the State. The funds 
will be made available to the National Fish and Wildlife Foundation (or 
``NFWF''), which has made a commitment to me to allocate the monies to 
worthwhile projects as soon as possible. The conference report provides 
$5.0 million to

[[Page 20878]]

NFWF, of which $2.0 million will be made available to the Atlantic 
Salmon Commission and $500,000 will be made available to the National 
Academy of Sciences. The remaining $2.5 million will be administered by 
NFWF to carry out a grant program that will fund on-the-ground projects 
to further Atlantic salmon conservation or restoration efforts in 
coordination with the State of Maine and the Maine Atlantic Salmon 
Conservation Plan.
  The conference report contains language indicating that funds 
administered by NFWF will be subject to cost sharing. Is it your 
understanding, Mr. Chairman, that this language means the $2.5 million 
administered by NFWF to carry out a grant program must be matched, in 
the aggregate, by at least $2.5 million in non-federal funds?
  Mr. GORTON. The Senator from Maine is correct. I expect that the $2.5 
million grant program administered by NFWF will leverage at least $2.5 
million overall in additional, nonfederal funds.
  Ms. COLLINS. And is it also your understanding, Mr. Chairman, that 
the $2.0 million made available to the Atlantic Salmon Commission and 
the $500,000 made available to the National Academy of Sciences will 
not be subject to any matching requirement?
  Mr. GORTON. That is also correct.
  Ms. COLLINS. I want to again thank the distinguished Chairman of the 
Interior Appropriations Subcommittee. In crafting this conference 
report, he has accomplished a Herculean task with this usual grace and 
skill. And the $5.0 million he has helped secure will promote a 
vigorous and effective salmon conservation and restoration effort in my 
State.
  Mr. GORTON. As I have said before, I greatly admire the Senator from 
Maine's tenacity and her unfailing devotion to the best interests of 
her State.


                  lake tahoe land acquisition colloquy

  Mr. REID. Mr. Chairman, I would like to request your help 
interpreting the language that was inserted into the conference report 
pertaining to the use of funds appropriated for the acquisition of 
environmentally sensitive property at Lake Tahoe. That language states 
that no funds may be used to acquire urban lots. To my knowledge, 
``urban lots'' is a term that is not defined in this bill or any 
related statute or regulation. As a result, I want to make sure that we 
clarify what we intend by the term urban lot.
  As you know, the plan to protect Lake Tahoe is predicated in large 
part of the Lake Tahoe Preservation Act of 1981 (H.R. 7306), commonly 
known as the Santini-Burton Act, and companion California and Nevada 
bond acts. Together, these State and Federal acts provide for the 
purchase and stewardship of environmentally sensitive lands in the Lake 
Tahoe Basin. The legislative history of the Santini-Burton Act 
indicated that approximately $150 million worth of land in Lake Tahoe 
would be purchased (approximately $100 million has been expended to 
date). The Santini-Burton Act generally identified lands eligible for 
purchase, and was followed by the adoption of a comprehensive plan 
identifying specific criteria for purchases. That plan was subject to 
an Environmental Impact Statement and accompanying public comment 
process, and this plan remains in effect to this day.
  I am confident that, with the correct information in hand, Congress 
will direct the Forest Service to go forward with the completion of the 
program. In the meantime, however, the effort to protect Lake Tahoe is 
likely to sustain significant damage if the language in the conference 
report is mistakenly interpreted to reverse long standing policy 
decisions. That is why I am asking for your concurrence to direct the 
Forest Service to interpret the language in a manner consistent with 
the existing program.
  Specifically, I want to make it clear that the term ``urban lot'' 
does not include environmentally sensitive lands. The current program 
designates a property's eligibility for acquisition according to its 
environmental sensitivity because that is the purpose of the 
acquisition program. Such designations reflect extensive analysis and 
the support of the local community. This report language should not be 
interpreted to change this methodology such that acquisition 
eligibility is based on an unspecified and invariably random geographic 
distinction. In all likelihood, any ill-conceived geographic standard 
would exclude the most environmentally sensitive property that the 
ongoing program is designed to protect.
  I believe that the report language is consistent with the current 
practice of federal land acquisition in the Lake Tahoe basin. Do you 
share my understanding that the definition of ``urban lots'' includes 
only those properties that are presently qualified for urban 
development?
  Mr. GORTON. That is my understanding.
  Mr. REID. Then it makes sense for any prohibition on land acquisition 
referred to in the report language to apply only if to properties that 
satisfy all of the following criteria: (1) they are not adjacent to 
current forest system lands, (2) they are within Tahoe Regional 
Planning Agency's urban boundaries, (3) they are not adjacent to Lake 
Tahoe, or to waters or streamzones tributary to Lake Tahoe, and (4) 
they are presently eligible to take residential or commercial 
development. This clarification integrates the intent of the new 
conference report language to limit such acquisitions to essential 
sensitive lands while retaining the basic purpose of the Lake Tahoe 
land acquisition program.
  Mr. GORTON. In response to my colleague, the senior Senator from 
Nevada, let me say that your understanding of the issues affecting Lake 
Tahoe is correct. Your concerns seem reasonable, as does your 
interpretation of the language in question.
  Mr. REID. I appreciate the Chairman's understanding and concurrence 
on this very important issue.


          regarding sec. 156 and accompanying report language

  Mr. REID. Mr. President, as the Chairman knows, I included language 
in this bill that directs the Department of Interior to finalize the 
so-called 3809 regulations, which govern hardrock mining operations on 
public lands, and to do so consistently with the findings and 
recommendations of a study completed by the National Research Council 
or NRC. The language is identical to language enacted in last year's 
omnibus bill. I want to emphasize my intent in offering this language, 
and request the Chairman's understanding and concurrence. Briefly, my 
intent is to ensure that the Department of Interior finalizes a rule 
that protects the environment and that takes into account the direction 
of Congress and the findings and recommendations of the NRC report.
  Mr. GORTON. I am glad to assist my friend, the senior Senator from 
Nevada. In clarifying Congress' intent in enacting these provisions. I 
agree with his statement that the Committee intends for Interior to 
study the entire NRC report carefully and to adopt a rule that is 
consistent with the findings and recommendations of that report.
  Mr. REID. Mr. President, last year Congress adopted this requirement 
that Interior finalize 3809 rule changes only if they are ``not 
inconsistent'' with the recommendations of the NRC report I already 
described. Parsing this statutory language to the point of absurdity, 
the Interior Solicitor quickly wrote and circulated a legal opinion 
concluding that Congress intended by this action to require Interior's 
consideration only of material in the report specifically labeled as 
``recommendations''--amounting only to a few lines of the report--and 
no other information in the report. And, he went on to conclude that 
this law imposes no significant limitations on the agency's ability to 
finalize its proposed 3809 rule. This year we have adopted the 
consistency requirement again, just as it was written last year. I ask 
the Chairman, did we enact the language again just to ratify the legal 
conclusion that Interior could finalize 3809 rules essentially without 
restrictions?
  Mr. GORTON. I thank my friend, and emphasize that we did not act 
again this year just to ratify the actions of

[[Page 20879]]

the Department of Interior. The Committee to reemphasize its original 
intent: That Interior study the NRC report carefully, and that any 
final 3809 regulations promulgated be consistent with that report.
  Mr. REID. One last question that I have concerns a statement made by 
some of our House colleagues during House consideration of the FY 2001 
Interior appropriations bill in which they suggested an interpretation 
of the ongoing rulemaking including broad discretion to deny mining 
permits, by redefining the existing statutory definition of unnecessary 
or undue degradation. Does the Chairman of the subcommittee who helped 
develop this language agree that our House colleagues are suggesting an 
interpretation that clearly goes beyond current law and that section 
156 specifically states that nothing in this provision shall be 
construed to expand existing authority.
  Mr. GORTON. The Senator is correct. Section 156 states, ``nothing in 
this section shall be construed to expand the existing statutory 
authority of the Secretary.'' The interpretation suggested by our House 
colleagues would require additional statutory authority which Interior 
does not have and is specifically denied by this bill.
  Mr. REID. I thank the Chairman for his help in clarifying the 
Committee's intent.


              u.s. forest service national fire retardants

  Mr. CRAIG. Mr. President, I would like to engage in a colloquy with 
the distinguished Chairman of the Interior and Related Agencies 
Appropriations Subcommittee on an issue that affects the Forest Service 
and forest fire fighting in the West.
  Mr. GORTON. I would be glad to engage in such a discussion with my 
friend, the distinguished Chairman of Forest and Public Lands 
Subcommittee of the Energy and Natural Resources Committee.
  Mr. CRAIG. Mr. President, the U.S. Forest Service has announced its 
intention to move to gum thickened/sodium ferrocyanide aerially applied 
fire retardants in the 2004 bid process. The Service is to be commended 
for this initiative that seeks a more effective and environmentally 
friendly means to address the wildfires with which we have become so 
painfully accustomed in the West. Indeed, the Forest Service's own 
research shows that gum thickened retardants are 25-40 percent more 
effective than un-thickened retardants. The criteria called for in 
2004, though, can be met today. Is it the Committee's view that the 
U.S. Forest Service should be striving for a more environmentally 
friendly product and should use such a product as soon as possible?
  Mr. GORTON. I agree with that view. It should be the U.S. Forest 
Service's priority to use the most effective, environmentally 
protective aerially applied fire retardants.
  Mr. CRAIG. Mr. Chairman, as you know, the after-effects of wildfires 
are devastating to the landscape. Mother Nature has a way of bringing 
life back to the land when all appears lost. However, even Mother 
Nature cannot erase for years the stains on the lands caused by some 
aerially applied fire retardants. This is especially of concern where 
historical and archeological resources, national parks, wilderness 
areas and urban/wilderness areas are concerned. Would you agree that 
U.S. Forest Service should preserve the option for local foresters to 
use less staining fugitive retardants where, in their judgment, it is 
warranted?
  Mr. GORTON. I would agree that the U.S. Forest Service should 
preserve the option to use such fire retardants in order to minimize 
the long-term visual impacts of wildfires.
  Mr. CRAIG. Mr. Chairman, the U.S. Forest Service has historically 
supported competition in the supply of fire retardants through the 
inclusion of a viability clause in its bids. For the first time, the 
upcoming 2001 bid process may be conducted by sealed bid. It is unclear 
whether viability will be a consideration. This is a critical issue in 
a fire season like the one we just experienced. Would you agree that 
the U.S. Forest Service should support competition in the supply of 
aerially applied fire retardants?
  Mr. GORTON. I would agree that maintaining dual suppliers of high 
performance, environmentally acceptable fire retardants is critical to 
the mission of the Service.
  Mr. CRAIG. I thank the Chairman for this clarification.


          great falls historic district, paterson, new jersey

  Mr. LAUTENBERG. Mr. President, I would like to inquire of the 
Chairman of the Subcommittee on Interior and Related Agencies, Senator 
Gorton, about one aspect of the conference report.
  Mr. Chairman, the conference report to the Interior Appropriations 
bill for Fiscal Year 2001 does not include funding for construction 
projects in the Great Falls Historic District, located in the City of 
Paterson, New Jersey.
  Mr. GORTON. The Senator is correct.
  Mr. LAUTENBERG. Mr. Chairman, by way of background, the Great Falls 
Historic District was established in Section 510 of Public Law 104-33, 
the Omnibus Parks bill of 1996. This legislation, which I coauthored, 
is designed to preserve the historic character of the City of Paterson, 
New Jersey. Like Lowell, Massachusetts, Paterson holds a prominent 
place in our nation's industrial past. Few people realize that Paterson 
was the first planned industrialized city. Alexander Hamilton himself 
chose the area around the Great Falls for his laboratory, and he 
established the Society for Useful Manufacturers right in Paterson. The 
work of its citizens and the wealth of its natural resources soon 
caused Paterson to thrive, and it became a mecca for countless numbers 
of immigrants, including my own family. The skills and spirit of these 
immigrants made Paterson one of our nation's leading centers for 
textile manufacturing, earning the nickname ``Silk City.''
  Mr. Chairman, the 1996 legislation authorizes the Secretary of the 
Interior to provide grants through the Historic Preservation Fund for 
up to one-half of the costs of preparing a plan for the development of 
historic, architectural, natural, cultural, and interpretive resources 
within the Great Falls District. The Secretary may also provide 
matching funds for implementation of projects identified in the plan. 
The total federal authorization for the Great Falls Historic District 
is $3.3 million.
  Mr. Chairman, since the authorizing legislation establishing the 
Great Falls Historic District specifically enables the City to receive 
up to $250,000 in matching federal funds for preparation of a historic 
preservation plan, the Secretary could provide these funds through the 
funds provided in the conference report for the Historic Preservation 
Fund.
  Mr. GORTON. The Senator is correct. This bill includes appropriations 
from the Historic Preservation Fund that could be used for eligible 
projects such as that for the Great Falls in Paterson.
  Mr. BYRD. I concur with the Chairman that the Great Falls project is 
eligible to receive Historic Preservation Funds, for preparation of its 
plan.
  Mr. LAUTENBERG. Mr. Chairman, I understand that the Great Falls 
Historic District would be eligible to receive up to $250,000 of these 
funds for preparation of a historic preservation plan, and that, once 
these plans are completed, an additional $50,000 in matching funds is 
available from the Historic Preservation Fund for technical assistance 
and $3 million is available for restoration, preservation, and 
interpretive activities.
  Mr. Chairman, I would like to include a letter from the Mayor of the 
City of Paterson to the regional director of the National Park Service, 
expressing the City's interest in moving forward with development of 
the Great Falls development plan. I hope that this letter will confirm 
to the Service and to the Chairman and Ranking Member, that the City is 
fully prepared to provide the necessary match to develop the plan. I am 
confident that the City will work closely with the Service on 
development of a plan, and that, once it is completed, the City may 
apply for the remaining authorized funds for completion of specific 
projects.
  Mr. GORTON. I appreciate the Senator's interest in this matter, and I 
ask

[[Page 20880]]

unanimous consent that a copy of the letter be inserted in the Record.
  Mr. LAUTENBERG. I thank the Chairman and the Ranking Member.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                 City of Paterson,


                                          Office of the Mayor,

                                    Paterson, NJ, October 4, 2000.
     Marie Rust,
     Northeast Regional Director, National Park Service, 200 
         Chestnut Street, Philadelphia, PA.

     Re: Public Law 104-333.

       Dear Ms. Rust: This is to reaffirm our sincere interest in, 
     and need of, the funding of Public Law 104-333. Ever since 
     the authorization of the 3.3 million dollars for the Great 
     Falls Redevelopment Act we have been anxiously awaiting the 
     appropriation. We are committed to provide the necessary 
     local match.
       The preparation of the Development Plan required by the Act 
     is an essential first step in documenting the feasibility of 
     a National Park. After the Plan, our two primary activities 
     in the district remain to be the redevelopment of the former 
     ATP Site including the Gun Mill and the rehabilitation of the 
     raceway. Both projects are essential to the achievement of 
     the economic development objectives of the Urban History 
     Initiative. The initial Gun Mill stabilization has been 
     successfully completed. We are awaiting the execution of the 
     Programmatic Agreement so that we may continue with the 
     engineering and other site preparation and stabilization work 
     for the former ATP Site. The overall raceway and 
     prioritization has been completed. Final plans are ready for 
     the Upper Raceway section.
       We continue to pursue other sources of funding including 
     TEA-21 Enhancement, the New Jersey Historic Trust, New Jersey 
     Green Acres, and others. If these are not successful I will 
     ask the City Council to bond any remaining local share. This 
     is to assure you that we will secure the local match for 
     whatever amount Congress appropriates.
           Very truly yours,
                                           Martin G. Barnes,      
                                                            Mayor.

  Mrs. BOXER. Mr. President, I have been a long time supporter of 
CARA--the Conservation and Reinvestment Act. The concept behind CARA 
was a visionary one--to take revenues generated from the extraction of 
offshore oil and gas resources and reinvest them permanently and 
automatically in our nation's invaluable wildlife, coastal, and public 
land resources.
  The CARA proposal that was developed in a cooperative, bipartisan way 
by the Senate Energy Committee offered an opportunity for this Congress 
to make an historic contribution to conservation and to truly leave 
behind a legacy that we could be proud of and from which our children 
would benefit.
  Instead, we are faced with a situation in which this overwhelmingly 
popular bill will never be considered on the Senate floor.
  The House passed its version of CARA back in May by an overwhelming 
vote of 315 to 102; it was a vote that brought in supporters from 
across the political spectrum and around the country. More recently, a 
letter signed by 63 Senators was sent to the Senate leadership 
requesting that CARA be brought to the floor.
  Yet the Republican leadership has refused to let this bill move 
forward.
  I ask my colleagues, what does it take to get a vote around here? How 
can we say that we are doing the people's business, if a bill that is 
as broadly supported as CARA cannot even be voted upon?
  We have now been presented with a package in the Interior 
appropriations bill that purports to fulfill the goals of CARA. I am 
tremendously disappointed to say that this package does very little to 
accomplish the goals of CARA.
  CARA would have provided nearly $45 billion to important conservation 
programs over the next 15 years. The Interior proposal provides roughly 
$6 billion and only makes those funds available for the next 6 years.
  But far more disappointing than the discrepancy in funding levels is 
the fact that the Interior proposal does little to guarantee that these 
funds will actually be made available each year for specific 
conservation purposes.
  Instead, the Interior proposal will force important and beneficial 
programs like Urban Parks and Recreation to battle against other 
important programs like the Historic Preservation program for funding 
each year.
  What made CARA remarkable was the fact that it would have provided 
the Urban Parks program, or state fish and wildlife agencies, or 
endangered species recovery efforts, with a predictable and reliable 
amount of funding.
  This feature would have ensured that important conservation efforts 
would NOT be subject to the uncertainties of the annual appropriations 
cycle, but instead could be certain that funding would be available 
over the long term. And as a result, these conservation programs could 
have finally planned and implemented ambitious, long-term conservation 
efforts. The Interior appropriations proposal fails to provide this 
sort of certainty.
  I will vote for the Interior appropriations bill. The bill funds many 
important programs that I care about and in making a nod to CARA it 
will provide some increased funding for things like the state's portion 
of the Land and Water Conservation Fund.
  I am also pleased that the most egregious anti-environmental riders 
that appeared in earlier versions of this bill have been removed.
  However, I hope nobody will interpret my vote for this bill as a sign 
of support for what I view as a hijacking of CARA. I remain deeply 
disturbed that a bill that had the potential to do as much good as CARA 
will never see the light of day.
  Mr. SMITH of New Hampshire. Mr. President, it is with great regret 
that I rise today to oppose the Conference Report to the Interior 
Appropriations bill.
  I want to begin by praising my colleagues on the Committee on 
Appropriations who have worked so hard on this bill and conference 
report. I know they have faced many difficult issues, competing demands 
for limited resources, and the pressure of time as this Congress winds 
down. And there are many good provisions in this bill, including 
several that will benefit my home State of New Hampshire. The bill 
includes two projects that have been particularly important to me and 
for which I requested funding--the Lamprey River & St. Gaudens. I 
appreciate the efforts of the Appropriations Committee to provide that 
funding.
  Unfortunately, notwithstanding these and other good provisions, the 
bill fails to deliver what we as elected officials have promised the 
American people. I want to take this opportunity to explain, especially 
to my fellow Granite Staters, why I am voting against the Interior 
Appropriations Conference Report.
  First, I am deeply disappointed that this bill does not include full 
funding for the Land and Water Conservation Fund or for the many 
important programs included in the Conservation and Reinvestment Act. 
In failing to provide this funding, I believe that we have truly 
squandered an opportunity that may never exist again. Even more 
importantly, I believe we failed to live up to the promise we made 
years ago to dedicate a percentage of the revenues from oil and gas 
production on the Outer Continental Shelf to the conservation and 
enhancement of fish, wildlife, lands and waters.
  Congress came close to keeping that promise when the House passed by 
an overwhelming margin of three to one a landmark conservation bill--
the so-called Conservation and Reinvestment Act (CARA). The Senate 
Energy and Natural Resources Committee passed a companion bill in July. 
The CARA bill reflects our collective commitment to investing in the 
environment for ourselves and for future generations.
  I am proud that I was able to play a part in bringing attention to 
the bill in the Senate. On May 24, 2000, I held a hearing on the Senate 
bill in the Committee on Environment and Public Works. Although that 
Committee, which I chair, did not have primary jurisdiction over the 
bill, I felt it was important to hold the hearing to help build support 
for the legislation and to highlight some of the very important 
programs that would be enhanced by the passage of the bill. These 
programs included funding for the Endangered Species Act and Pittman-
Robertson Act, both of which are in the jurisdiction of the Committee 
on Environment and Public Works. I said it then, and I want to reaffirm 
it today. Now is the

[[Page 20881]]

time for the Federal government to step up to the plate and assist in 
the efforts to protect our natural resources--not by grabbing up more 
Federal land, but by working in partnership with States and private 
landowners and providing much-needed funding for critically underfunded 
programs. The CARA bill would have done that.
  Instead, the Interior Appropriations Conference Report includes a 
mere shadow of the real CARA.
  Instead of providing full permanent funding for the Land and Water 
Conservation Fund, the Interior Conference Report appropriates only 
$600 million for one year and only $90 million of that is allocated for 
stateside funding. The CARA bill I cosponsored would have provided the 
States with a guaranteed $450 million a year to conduct numerous 
worthwhile conservation projects, including creating new parks and 
building soccer fields. The limited appropriation provided by the 
Conference Report, by contrast, with no guarantees for future years, 
isn't CARA; it's business as usual.
  The bottom line is that Americans like to spend their time outdoors. 
Over half of all Americans will tell you that their preferred vacation 
spots are national parks, forests, wilderness areas, beaches, 
shorelines and mountains. And almost all Americans--94 percent believe 
we should be spending more money on land and water conservation.
  I agree with those Americans who believe that it's time to invest 
some of the budget surplus in our environment. For years now, we have 
been telling the tax payers that there isn't any money available for 
conservation programs and that it's up to landowners to bear the 
burdens of saving our land and natural resources. Well, in my opinion, 
those days are over. It's past time for the federal government to 
contribute its fair share, and the Interior Conference Report falls far 
short in that respect.
  Second, I am extremely troubled by the fact that the Conference 
Report provides no protections for private property rights. CARA did. 
The real CARA bill provided an unprecedented level of protection for 
the private land owner. For example, the Senate CARA bill that I 
cosponsored expressly prohibited the Federal government from using any 
CARA funds to implement regulations on private property. In addition, 
all Federal acquisitions of land through the Land and Water 
Conservation Fund would have been subject to significantly more 
restrictions than under current law. Not one of those private property 
rights protections is included in the Interior Appropriations 
Conference Report.
  Third, I cannot support the language in the Conference Report that 
establishes a vague new Federal ``wildlife conservation program'' that 
imposes new, but undefined, obligations on the States and gives broad 
discretion to the federal Fish and Wildlife Service to define those 
obligations. The Interior Appropriations Conference Report directs the 
Fish and Wildlife Service to create a new $300 million state grant 
program subject only to the approval of the Committee on 
Appropriations. That is inappropriate.
  The Committee on Environment and Public Works is responsible for 
overseeing wildlife programs; it is our prerogative and responsibility 
to review, discuss, and ultimately authorize any wildlife program. Yet, 
this new program was inserted at the last minute, behind closed doors, 
without any public debate or consultation with the Committee of 
jurisdiction. For that reason, I must oppose its inclusion in this 
Conference Report. The concept may be a good one, but this is not the 
right process or the appropriate vehicle.
  Finally, I must oppose the Conference Report because of the adverse 
impact it will have on thousands of citizens of New Hampshire who 
depend upon and enjoy the White Mountain National Forest.
  When the Senate passed its Interior Appropriations bill in July, it 
included an important provision excluding the White Mountain National 
Forest from this Administration's broad policy of prohibiting the 
construction of all new roads in previously undisturbed areas of 
national forests, the so-called roadless policy. We excluded the White 
Mountain National Forest from this ``one-size-fits-all'' roadless 
policy, not because we want thousands of miles of new roads in the 
White Mountains, but because these decisions should be made at the 
local level through the forest planning process, by the people who live 
near, enjoy, and use the National Forest.
  I have deep concerns about the Administration's roadless policy 
because I believe it is intended to limit public access and legitimate 
public use of our national forests. But even more importantly, in the 
context of the White Mountain National Forest, it would specifically 
override an existing forest management plan that maintains a balance 
between economic activity, recreation and environmental protection--a 
forest management plan that was developed through a collaborative 
process involving state and local government officials, local citizens, 
and federal officials. I firmly believe that States and local citizens 
should play a significant role in making the management decisions 
relating to the forest lands in their communities, including the 
decisions about roads.
  It was for that reason that I strongly supported the language that 
was included in the Senate bill that allowed the citizens of New 
Hampshire to make those decisions through the forest planning process 
for the White Mountain National Forest, rather than simply mandating a 
blanket roadless policy from Washington, D.C. That important provision, 
however, has now been dropped from the Conference Report. I believe 
that Washington D.C.'s roadless policy will hurt New Hampshire. It will 
have significant economic, social, and ecological impacts. And it will 
undermine the cooperative dialogue that took place during the revision 
of the forest plan. Therefore, I cannot support a Conference Report 
that does not include language protecting the White Mountain National 
Forest from unnecessary and inappropriate interference from 
Washington's bureaucrats.
  The Interior Appropriations bill passed by the Senate last July also 
included a specific exemption for North Country residents from the user 
fees that the National Forest Service charges for access to the White 
Mountain National Forest. That exemption has now been deleted.
  I have long been opposed to user fees in the White Mountain National 
Forest because I believe it is fundamentally unfair to local residents. 
In areas, like the North Country of New Hampshire, where the Federal 
Government owns much of the land, communities lose a significant 
portion of their property tax base which they need to fund schools and 
other necessary social programs and infrastructure. Residents in these 
communities then have to make up the shortfall. The user fee, on top of 
the loss in local tax revenue, imposes an unfair burden for local 
citizens. It is wrong for the Federal government to charge local 
residents in the North Country a fee for enjoying the White Mountain 
National Forest when they are already subsidizing the Forest.
  As I stated at the beginning, there are many good provisions in this 
Interior Conference Report. I applaud the work that my colleagues have 
done and appreciate the support they have given to important New 
Hampshire projects. Therefore, it is with great reluctance that I 
oppose the Conference Report.
  Mr. WELLSTONE. Mr. President, I come to the floor today to speak 
about two provisions of great concern to my state of Minnesota. While 
this conference report clearly missed the opportunity to make a 
historic, long term, commitment to our environmental heritage, I rise 
in support of this legislation because it does represent an important 
first step in many conservation accounts, and includes vital funding to 
restore Minnesota's National Forests.
  First of all, I want to make clear that I am disappointed that the 
full Conservation and Reinvestment Act, CARA, was not included in this 
Interior Appropriations bill. CARA, as reported out of the Senate 
Energy and Natural Resources Committee, is landmark legislation that 
would commit $3

[[Page 20882]]

billion annually for 15 years to conservation and natural resource 
protection. CARA would provide $37.4 million of stable funding annually 
to the conservation and protection of Minnesota's natural resources.
  However the compromise in this bill does not reflect the spirit or 
intent of the full CARA bill. First of all this Conference report does 
not guarantee multiple year funding for the states, which was the 
entire premise of CARA. When it comes to protecting our coastlines (on 
the North Shore in Minnesota) and open spaces (in Northern Minnesota), 
expanding our urban parks (in the metro Twin Cities area), or investing 
in wildlife conservation, the annual appropriation approach has proven 
not to work in the past and is unlikely to work in the future. In 
addition, the report does not include dedicated funding for wildlife 
conservation programs, which puts Minnesota's wildlife conservation 
needs in competition with other state conservation programs, and makes 
it possible that Minnesota would receive no funds for wildlife 
preservation from this legislation. While, overall I am encouraged that 
this legislation more than doubles conservation funding from the $742 
million in the current fiscal year to $1.6 billion in FY 2000, we 
should not loose sight of the fact that this conference report is 
clearly no substitute for a full funded CARA bill.
  On a related matter, I am pleased the conference committee has 
restored the balance of the Forest Service's request for Minnesota's 
National Forests. During consideration of the Interior Appropriations 
bill, Senators Gorton and Byrd agreed to my amendment to include $7.2 
million in additional emergency funds for Minnesota's National Forests. 
And today the Senate will take an important step that will restore the 
balance of emergency funds requested earlier this year by the Superior, 
Chippewa and Chequamegon National Forests' for blowdown recovery 
efforts.
  Furthermore, this legislation includes an important regular, FY 2001 
appropriation for the Superior National Forest, that my colleague from 
Minnesota and I were able to work on together. These monies would be 
available to the Forest Service next year and are vital to continued 
recovery efforts in northern Minnesota.
  These national forests bore the brunt of a massive once-in-a-thousand 
year wind and rain storm that devastated parts of northern Minnesota on 
July 4, 1999. The storm damaged over 300,000 acres in seven counties, 
including as much as 70 percent of the trees in our national forests, 
and washed out numerous roads. The damage caused by this storm has 
severely hindered the U.S. Forest Service's ability to responsibly 
manage the Chippewa and Superior National Forests.
  The most troubling aspect of this storm for the people of northern 
Minnesota is the continued extreme risk of a catastrophic fire 
resulting from the tremendous amount of downed and dead timber. Funding 
provided to the Forest Service through this legislation will be used 
for immediate and future recovery efforts, and to reduce the threat of 
a major wildland fire.
  The storm has changed affected portions of the forests for years to 
come and has created new risks and experiences for visitors and 
residents. Since July 4th, the Superior and Chippewa National Forests 
officials have been working with state, county, and local officials on 
storm recovery activities and planning to meet future needs.
  Immediately after the storm the Forest Service, in conjunction with 
State, County and local governments began a search and rescue operation 
that lasted for 15 days from July 4 to July 19, 1999. Fortunately not a 
single life was lost in the storm, however there were 20 medical 
evacuations from the Boundary Waters Canoe Area Wilderness, BWCAW. The 
most severe case was a broken neck. In addition, the forest Service 
conducted a search of 2,200 camp sights in the BWCAW to ensure no one 
was trapped. And finally USFS crews cleared approx. 200 miles of roads, 
and reconstructed 6 miles of emergency roads.
  Once the emergency search and rescue was completed, the U.S. Forest 
Service turned their attention to reducing hazards that could 
negatively affect visitors, residents and local businesses that depend 
on the BWCAW and the National Forests. The Forest Service brought in 
191 people including an administrative team and several crews from 
across the country to return facilities to a safe condition so they 
could be reopened and used during the rest of the year.
  And now the Superior National Forest is proposing to reduce the risk 
of fire escaping the Boundary Waters Canoe Area Wilderness, BWCAW, by 
using prescribed burning within the wilderness. The 1.1 million-acre 
BWCAW, located in northeastern Minnesota adjacent to the Canadian 
border, is one of the most heavily used wildernesses in the United 
States.
  The proposal is to reduce the increased risk of wildfire associated 
with the July 4, 1999, storm. The proposed action is to treat 
approximately 47,000 to 81,000 acres of the wilderness with prescribed 
fire over a five to six year time period.
  The goal of this project is to improve public safety by reducing the 
potential for high intensity wildland fires to spread from the BWCAW 
into areas of intermingled ownership, which include homes, cabins, 
resorts and other improvements, or across the international border into 
Canada. This will be accomplished in a manner which is sensitive to 
ecological and wilderness values, and protects fire personnel and BWCAW 
visitor safety during implementation.
  While the Forest Service has been engaged in this work for many 
months, it is clear that much is yet to be done, and that it is going 
to take many years to dig out from under the storm and to restore the 
forest to a more normal and healthy state. However this cannot happen 
without adequate funding. This is a victory for all of Minnesota, and I 
am grateful to my colleagues for their support. I am very pleased that 
the Senate approved the remainder of these badly needed funds today, 
especially for the people of northern Minnesota, who cannot wait.
  Mr. FEINGOLD. Mr. President, I am delighted that the conference 
report for Interior appropriations before this body today makes a 
significant investment in Wisconsin's only unit of the National Park 
System, the Apostle Islands National Lakeshore. The Lakeshore recently 
celebrated its 30th anniversary on September 26, 2000, and I rise today 
to express my gratitude to the Senior Senator from West Virginia (Mr. 
Byrd) and the Senator from Washington (Mr. Gorton) for working with me 
to ensure that some of the highest priority needs at the Lakeshore are 
met.
  I have been raising the need for these funds since 1998. On April 22 
of that year, I introduced legislation, named for former Senator 
Gaylord Nelson who was the sponsor of the federal legislation that 
created the Lakeshore, to try to make sure that the Park Service has 
the funds included in this bill today. This bill helps to fund a 
wilderness suitability study of the Lakeshore as required by the 
Wilderness Act. Most of the Lakeshore is managed as wilderness, yet the 
required study has not yet been completed so that Congress can evaluate 
whether there is a need for a formal legal designation. This bill 
retains amendment language that I offered during the Senate 
consideration of Interior appropriations and provides $200,000 for that 
purpose.
  The bill also provides funds to the Park Service to protect the 
history Raspberry and Outer Island lighthouses which are threatened by 
erosion. The 21 islands of the Apostle Islands National Lakeshore have 
six lighthouses, the greatest number of lighthouses on any property in 
federal ownership anywhere in the country. They are all at least 100 
years old, and many of them are still used as aids to navigation and 
are in need of Federal help.
  By providing funds in this bill to ensure the success of the 
Lakeshore we contribute to another larger success--our efforts to clean 
and protect our environment and provide places for people to rest and 
refresh themselves. I have been very pleased in the willingness of the 
bill's managers to support

[[Page 20883]]

my efforts to draw attention to this park. They have other, bigger 
parks that also have funding needs. But the managers understood my 
appeal on behalf of the people of Wisconsin with these funds. They 
know, as I do, that when the American people sit among the hemlocks on 
Outer Island, walk along the shore, travel to Devils Island, observe 
the waters of Lake Superior, they know protection of the Apostles is 
worth a federal investment.
  The investments in the Apostles are authorized investments, part of 
the requirements that we gave the Park Service when we created the 
Lakeshore. As delighted as I am that these funds have been included by 
the managers, I remain concerned about the fact that this bill provides 
funds and policy direction for unauthorized projects, authorizes new 
projects and continues to contain a number of policy riders that affect 
environmental protection. Because these riders remain, I will vote 
against the bill.
  I am concerned that this body is becoming habituated to the practice 
of environmental legislation by rider. This leaves Members of this 
body, like myself, who are very concerned about legislation which has 
the potential to adversely effect the implementation of environmental 
law, or change federal natural resource policy, with limited options. 
We must, by either striking the riders, or trying to modify their 
efforts, do the work of the authorizing committees on the floor of this 
body. With limited floor time on spending bills, and with the pressure 
to pass appropriations bills or risk shutting down or disrupting 
important Government programs, we do not do the best by the environment 
that we can and must do in our legislative efforts.
  I believe that the Senate should not include provisions in spending 
bills that weaken environmental laws or prevent potentially 
environmentally beneficial regulations from being promulgated by the 
federal agencies that enforce federal environmental law.
  For more than two decades, we have been a remarkable bipartisan 
consensus on protecting the environment through effective environmental 
legislation and regulation. I believe we have a responsibility to the 
American people to protect the quality of our public lands and 
resources. That responsibility requires that the Senate express its 
strong distaste for legislative efforts to include proposals in 
spending bills that weaken environmental laws or prevent potentially 
beneficial environmental regulations from being promulgated or enforced 
by the federal agencies that carry out Federal law.
  Every year I hold a town hall meeting in each one of Wisconsin's 72 
counties. When I hold these meetings, the people of Wisconsin continue 
to express their grave concern that, when riders are placed in spending 
bills, major decisions regarding environmental protection are being 
made without the benefit of an up or down vote.
  When this bill passed the Senate initially on July 18, 2000, I was 
one of two Senators to vote against it because of legislative riders. I 
know that the bill managers worked long and hard to keep a number of 
the most controversial riders, many of which I was concerned about, off 
of this bill and I commend them for that. However, I am also concerned 
that there is a category of riders to which we have become habituated: 
riders on Alaska red cedar, riders on mining regulations, riders on 
grazing permits. There are also new authorizing provisions in this 
bill, such as developing forensic laboratory service fees for Fish and 
Wildlife investigations into wildlife mortality, and a new program to 
develop a reduced fee program for developing a reduced fee program to 
accommodate nonlocal travel through the National Park System. Why 
aren't these matters being discussed in the authorizing committees? 
These issues may have merit, but I think they should be handled by the 
committees of jurisdiction.
  We cannot continue to put the Appropriations Committee in the 
position of having to decide which of these riders are more or less 
important. These measures need to be referred to the authorizing 
committees, and we need to restore the trust of the American people 
that we are proceeding with the people's business in a fashion which 
allows for open debate and actual deliberation.
  I yield the floor.
  Mr. DOMENICI. Mr. President, I am pleased to rise today in strong 
support of the conference report accompanying H.R. 4578, the Interior 
and related agencies appropriations bill for fiscal year 2001.
  As a member of the Interior Appropriations Subcommittee and the joint 
House-Senate conference committee, I appreciate the difficult task 
before the distinguished subcommittee chairman and ranking member to 
balance the diverse priorities funded in this bill--from our public 
lands, to major Indian programs and agencies, energy conservation and 
research, and the Smithsonian and federal arts agencies. They have done 
a masterful job meeting important program needs in this final bill.
  The pending conference report provides an unprecedented $18.9 billion 
in new budget authority and $11.9 billion in new outlays to fund the 
Department of Interior and related agencies. When outlays from prior-
year budget authority and other completed actions are taken into 
account the Senate bill totals $18.9 billion in BA and $17.4 billion in 
outlays for fiscal year 2001. The Senate bill is exactly at the revised 
section 302(b) allocation for both BA and in outlays filed by the 
Appropriations Committee earlier today.
  I would particularly like to thank Senator Gorton and Senator Byrd 
for their commitment to Indian programs in this year's Interior and 
related agencies appropriation bill. They have included increases of 
$160 million for Bureau of Indian Affairs education construction, $214 
million for the Indian Health Service, and nearly $102 million for the 
operation of Indian programs.
  I commend the subcommittee chairman and ranking member for bringing 
this important measure to the floor with significant resources totaling 
$1.6 billion to address the aftermath of the devastating summer and 
fall forest fires, including my initiative to undertake hazardous fuels 
reduction activities within the urban/wildland interface to protect our 
local communities--the so-called Happy Forests initiative.
  This bill also includes an important, bipartisan compromise to 
establish a new Land Conservation, Preservation and Infrastructure 
Program that will dedicate $12 billion over the next six years to 
conservation programs. This is an unprecedented commitment to 
conservation efforts by the Federal Government. I am pleased to support 
this initiative in its final form.
  I appreciate the consideration given by my colleagues to several 
priority items for my constituents in New Mexico, which are included in 
the final bill.
  I urge my colleagues to support the final version of the fiscal year 
2001 Interior and related agencies Appropriations bill, and I ask 
unanimous consent that the Budget Committee scoring of the bill be 
printed in the Record at this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    H.R. 4578, INTERIOR APPROPRIATIONS, 2001, SPENDING COMPARISONS--
                            CONFERENCE REPORT
               [Fiscal year 2001, in millions of dollars]
------------------------------------------------------------------------
                                          General
                                          purpose   Mandatory    Total
------------------------------------------------------------------------
Conference Report:
  Budget authority.....................     18,883         59     18,942
  Outlays..............................     17,284         70     17,354
Senate 302(b) allocation:
  Budget authority.....................     18,883         59     18,942
  Outlays..............................     17,284         70     17,354
2000 level:
  Budget authority.....................     14,769         59     14,828
  Outlays..............................     14,833         83     14,916
President's request:
  Budget authority.....................     16,413         59     16,472
  Outlays..............................     15,967         70     16,037
House-passed bill:
  Budget authority.....................     14,723         59     14,782
  Outlays..............................     15,164         70     15,234
Senate-passed bill:
  Budget authority.....................     15,875         59     15,934
  Outlays..............................     15,591         70     15,661
     CONFERENCE REPORT COMPARED TO
Senate 302(b) allocation:
  Budget authority.....................  .........  .........  .........
  Outlays..............................  .........  .........  .........
2000 level:
  Budget authority.....................      4,114  .........      4,114
  Outlays..............................      2,451        -13      2,438
President's request \1\
  Budget authority.....................      2,470  .........      2,470
  Outlays..............................      1,317  .........      1,317
House-passed bill:
  Budget authority.....................      4,160  .........      4,160
  Outlays..............................      2,120  .........      2,120
Senate-passed bill:
  Budget authority.....................      3,008  .........      3,008

[[Page 20884]]

 
  Outlays..............................      1,693  .........      1,693
------------------------------------------------------------------------
\1\ The comparison between the conference report and the President's
  request is skewed because the conference report includes $1.5 billion
  in emergency firefighting funds that the President indicated he would
  request, but for which OMB never submitted a formal request to the
  Congress, so the amount is not reflected in the President's request.
 
 AAAAAANote.--Details may not add to totals due to rounding. Totals
  adjusted for consistency with scorekeeping conventions.

  Mr. GRASSLEY addressed the Chair.
  The PRESIDING OFFICER. Who yields time?
  Ms. LANDRIEU. Mr. President, I am in line for time, but I would be 
happy to yield to the Senator for 5 or 10 minutes.
  Mr. GRASSLEY. Ten minutes.
  Ms. LANDRIEU. I just need the 30 minutes that were reserved for me. I 
would be happy to yield to the Senator from Iowa.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. LANDRIEU. Mr. President, I come to the floor today, as I have 
many times in the last couple of months, to speak about an issue that 
is so important for so many Members in the Senate, and our colleagues 
on the House side, and to supporters everywhere, the Conservation and 
Reinvestment Act.
  We will be voting on the Interior appropriations bill in just a few 
moments. I plan, with all due respect to those who have worked on this 
bill--and I acknowledge their hard work--to vote no because it fails to 
embrace the principles outlined in the Conservation and Reinvestment 
Act.
  I express my respect for the members of the Appropriations Committee. 
They have a very tough job. They are charged with a great 
responsibility. While we have disagreed over this particular issue, we 
have worked together as we have tried and continue to try to reach a 
bipartisan compromise over this great battle for a legacy for our 
environment.
  In particular, I thank Senator Ted Stevens from Alaska, our chairman, 
and Senator Robert Byrd from West Virginia, our ranking member, who 
have been very attentive to the calling and the requests of the CARA 
supporters in this regard. While we have disagreed on this issue, it 
has not been personal. My remarks today are intended strictly to be 
constructive and hopefully to help us chart a course to navigate in the 
future on this important issue.
  I will read into and submit for the Record the excellent comments 
from individuals and Governors and mayors reflected in newspapers 
around our country, literally from the west coast to the east coast, 
from the south to the north, from interior communities to coastal 
communities, literally thousands and thousands of positive editorials 
and articles written about what we are attempting to do. From the State 
of Illinois, we have had some of our best editorials on this subject, 
of which the Presiding Officer has been a supporter.
  From the Seattle Post, May 18, a few months ago this year, talking 
about CARA:

       It is a bold approach to environmental conservation and 
     restoration. If ever there were a win-win for all the 
     squabbling factions permanently encamped in the corridors of 
     Capitol Hill to argue about the environment, this bill has to 
     be it.

  From the Providence Journal, RI, September 19:

       Even with the unusual level of bipartisan support that this 
     measure has, it could easily get lost in the last days of an 
     election-year session. Citizens should press Congress to get 
     it on to the desk of President, who would sign it.

  While time is short, where there is a will there is a way, and the 
people of Rhode Island surely believe that.
  From the Los Angeles Times, September 18:

       This measure should be plucked from the pack and made law.

  Chicago Tribune, from the home State of the Presiding Officer:

       As Congress churns through its last days before 
     adjournment, one issue of environmental impact should not be 
     left in the dust, the Conservation and Reinvestment Act, or 
     CARA.

  The New York Times just last week:

       Before adjourning next month, Congress should approve two 
     of the most important conservation bills in many years. One 
     bill, the Conservation and Reinvestment Act, would guarantee 
     $45 billion over 15 years for a range of environmental 
     purposes, including wilderness protection.

  Again, from my own paper, the New Orleans Times Picayune, which a few 
months back, actually, in its frustration in trying to communicate our 
message, said:

       Senators from inland states don't seem to understand why 
     Louisiana and other coastal states should receive the bulk of 
     this environmental money generated by offshore revenues and 
     maybe that is because their states aren't disappearing.

  From the Tampa Tribune:

       The Conservation Reinvestment Act is a necessary and 
     sensible measure that would allow our nation to safeguard its 
     natural heritage. It deserves Senate support.

  Finally, from the Detroit Free Press, one of our most supportive 
editorials, in June of this year:

       One of CARA's most exciting aspects, in fact, is the 
     ability to focus on smaller projects than the Federal 
     Government normally would, including urban green spaces, 
     walkways, small slices of important habitat. For those with 
     visions of a walkable riverfront in Detroit, of selective 
     preservation of natural spots in the path of development, 
     CARA is a dream come true--if the Senators controlling its 
     fate will set it free.

  I don't think CARA is going to get set free in the vote that we are 
going to have in just a few minutes, but that is the process. We will 
continue our fight. We will continue to talk about this important 
issue, and we will be organized and ready for next year.
  In addition, there are still days left in this session where CARA 
could be, or something more like it, set free so that we can begin and 
can continue some of the very important environmental work going on in 
the country.
  Let me say, not all of that environmental work takes place in 
Washington, D.C. Not all of that environmental work takes place among 
Federal agencies, although they have a role. A lot of this work takes 
place in our hometowns all across the Nation, with our Governors' 
offices, with our mayors and our county commissions, on ball fields and 
soccer fields, on cleanup days and Earth Days all over the Nation. That 
is the hope that CARA would bring that will be left on the table today.
  I will submit all of these for the Record in my closing remarks.
  In addition, let me make the point that some people have claimed that 
the CARA legislation was just helping coastal States. I will submit for 
the Record a wonderful editorial today from a place right in the middle 
of our Nation, the Kansas City Star, about the Conservation 
Reinvestment Act, realizing that time is short, but I want to read what 
they say from Kansas and Missouri:

       This is not the time to give up. Despite the apparent 
     bipartisan agreement, this latest version of the Conservation 
     and Reinvestment Act, also known as CARA, should not be the 
     one approved by Congress.

  Let us try to unite and find the will to salvage what we can, and 
perhaps there is a possible way to do that.
  Let me read for the Record, as I begin closing, a letter to the 
editor of all the ones that were received, and there were literally 
hundreds written by many distinguished people from around our country, 
the one we received that just stood out above all the others was a 
wonderful letter written by Lady Bird Johnson and by the distinguished 
leader, Laurance Rockefeller, who is the uncle to our colleague from 
West Virginia whom we so admire and respect and for whom we have such 
affection. Laurance Rockefeller is 98 years old. I will read into the 
Record what Lady Bird and Laurence Rockefeller said about the actions 
we should be taking now:

       The 20th century can rightly be called America's 
     conservation century. From President Theodore Roosevelt 
     forward, Americans

[[Page 20885]]

     began to embrace their land rather than just use it. This 
     ethic of conservation has created, protected and preserved 
     tens of millions of acres of open space in America, 
     encompassing everything from national parks to neighborhood 
     soccer fields.
       But conservation is not something that concludes just 
     because a century does. We are not done, nor will we ever be. 
     While protecting our natural resources is often a quiet, 
     steady exercise, sometimes moments of great opportunity 
     arise. We are at such a moment now.

  They go on to write:

       The U.S. Senate has before it legislation that would do 
     more to protect America's heritage than anything in a 
     generation. The Conservation and Reinvestment Act is in the 
     true spirit of the early conservationists: It plans for the 
     future while solving the immediate; it provides for 
     recreation as well as preservation; it ensures significant 
     state and local input and control; and it has bipartisan 
     support. The House has passed the bill and the Senate Energy 
     and Natural Resources Committee has approved it. With the 
     administration supporting the legislation, all that is needed 
     is Senate action in the remaining days of this Congress.
       CARA's origins stretch back to 1958, when President 
     Eisenhower created the Outdoor Recreation Resources Review 
     Commission to conduct a three-year inquiry into America's 
     growing outdoor needs. Its findings suggested a new approach: 
     Not only should the Federal Government step up its lagging 
     land acquisition program to round out our National Park 
     System, but it should also embark on a new venture to provide 
     matching funds that state and local governments could use to 
     meet a broader set of outdoor needs.
       In 1964, President Lyndon B. Johnson signed into law a bill 
     creating the Land and Water Conservation Fund, which not only 
     affirmed these commitments but set American conservation on a 
     course it still follows.
       The foresight embedded in LWCF--an emphasis on Federal/
     state/local partnerships, long-term planning, permanent 
     acquisition and urban recreation--was strengthened later in 
     the 1960s by tapping money from offshore oil and gas leases 
     to fund LWCF projects. The wisdom of doing so was strikingly 
     simple: Utilize the exploitation of one public natural 
     resource in order to protect and conserve another. Congress 
     had made a promise and found a way to keep it. And for years, 
     the LWCF worked wonders. More than 37,000 projects have been 
     sparked by the initiative, helping states and localities 
     acquire 2.3 million acres of parkland and adding 3.4 million 
     acres of new Federal lands to our national bounty. The LWCF 
     has funded open space in literally every county in America, 
     and is responsible for everything from helping preserve Civil 
     War battlefields to purchasing land for Rocky Mountain 
     National Park to building the baseball field down the street 
     from your house.
       After 15 years of generally faithful adherence to LWCF's 
     unique bargain, Presidential administrations and Congress 
     began to redirect large chunks of fund revenues from their 
     intended purposes to other budget items. Since 1980, more 
     than $11 billion has been diverted from these projects, 
     creating a staggering backlog of Federal, state and local 
     land protection needs.

  They continue and write:

       We urgently need to restore the promise. That's what CARA 
     will do. CARA represents the first good opportunity in 20 
     years to set our conservation path back on track. It not only 
     fully funds the LWCF, but also addresses critical needs in 
     wildlife management, urban parks, coastal protection--

  Which is so important to my State and to many of our States, 
particularly Mississippi, Alabama, and all along the east and west 
coasts--

     and historic preservation. Most important, it establishes a 
     dependable source of funding for these programs. The 
     prescience of those who created the fund was that 
     conservation especially could not be a haphazard thing; 
     population growth, the inexorable march of development and 
     simple wear and tear on resources require a permanent 
     commitment. CARA returns us to that premise, providing 
     approximately $3 billion a year and a firm precedent for 
     future funding.
       CARA returns us to another important ideal: bipartisanship.

  Sometimes that is in too short supply here in Washington.

       Republican Don Young of Alaska and Democrat George Miller 
     of California did a masterful job of steering CARA through 
     the House, winning a 315-102 vote. In the Senate, Republican 
     Frank Murkowski of Alaska and Democrat Jeff Bingaman of New 
     Mexico brought the bill out of committee with support from 
     Senators of both parties. In these gridlocked times, CARA's 
     bipartisan treatment is a reminder that policy can sometimes 
     overcome politics.

  They conclude by saying:

       We hope the full Senate will heed that reminder and act on 
     CARA now.

  We have worked as partners on conservation issues for almost four 
decades. Our hope has always been that American leaders would act so 
that their children--all children--would have something to look forward 
to. By reviving the Land and Water Conservation Fund before Congress 
goes home this year, it can provide just that.
  Unfortunately, the bill before us does not do what this vision 
outlined. It does do many good things, but it falls short of this 
vision. In the last 10 minutes that I have, I want to finalize my 
comments by making just a few more points and submit a letter for the 
Record.
  According to the Webster's Dictionary, ``legacy'' means something 
handed down from an ancestor or predecessor or from the past, or to 
bequeath.
  For more than 3 years, many in this body, dozens of Members of the 
House of Representatives, hundreds of mayors and Governors, thousands 
of environmentalists and wildlife groups, and millions of Americans 
have been calling for a true environmental legacy.
  Those of my colleagues who will, in a few minutes, support the 
Interior appropriations conference report will do so for many good 
reasons. My great friend from Idaho, Senator Craig, spoke eloquently 
yesterday about the money in this bill to fight the wild fires raging 
across the western plains. That is a very good reason to support this 
bill.
  As the temperature gets ready to dip across America this winter, 
there is great need for a home heating oil reserve, and that is in this 
bill. That is a very good reason to support it.
  In my State of Louisiana, the Cat Island Refuge, which is the oldest 
cypress forest in North America--and it may be the only one left--gets 
money in this bill. The New Orleans Jazz Commission and the Cane River 
National Heritage Area, the oldest settlement in the Louisiana 
Purchase, are reasons to support this bill.
  However, if anyone here is looking for a true legacy, a long-term 
commitment to our vanishing coastlines, our disappearing wildlife, and 
our crumbling parks and historic treasures, you will not find that in 
this bill.
  The true legacy would have been the Conservation Reinvestment Act--a 
bill which has bipartisan support by a vast majority of the Congress 
and support from the President of the United States. However, today we 
will be asked to vote on what really amounts to sort of a CARA 
cardboard cutout--one that kind of looks like the real thing, but it is 
really flimsy and hollow, one which fails to deliver the great promise 
that we had at this opportunity for our children and our grandchildren.
  For 3 years, a monumental and historic coalition built around this 
bill and congressional leaders designed it in a way to merit support 
across the aisle and across the Nation.
  Early on, some environmentalists charged it was a pro-drilling bill. 
So we clarified the language to make sure it was drilling neutral to 
gather their support.
  I think--and there are some of my colleagues on the floor who can 
attest to this--that perhaps we failed to go as far as we should have. 
But I believe we made great strides in meeting the concerns of some of 
those who claimed that this bill would have compromised private 
property rights and would have allowed the Federal Government to buy up 
land without willing seller provisions and congressional approval.
  We worked mightily to meet those objectives, and we believe the 
compromise that we came up with was fair and good along these lines.
  I know for the past few years I have cajoled, bargained, and spoken 
to so many of my friends and colleagues to listen to the merits of this 
proposal. I am sure on more than one occasion when they saw me coming, 
they ran the other way. But I believe this is so important that we 
should take this step now.
  When I am asked how we can afford to do this, my answer is simple: 
How can we afford not to?
  Since 1930, Louisiana has lost more than 1,500 square miles of marsh. 
The State loses between 25 and 30 miles each year--nearly a football 
field of wetlands every 30 minutes in my State.
  By 2050, we will lose more than 600 square miles of marsh and almost 
400 square miles of swamp.

[[Page 20886]]

  That means the Nation will lose an area of coastal wetlands about the 
size of Rhode Island--about the size of your State, Mr. President. We 
are about ready to lose it.
  In the past 100 years, as so eloquently spoken about yesterday by our 
colleague from Florida, Senator Bob Graham, southern Florida's 
Everglades have been reduced to one-fifth their former size.
  In the past 30 years, the population of blue crabs in the Chesapeake 
Bay has been barely hanging on, much to the dismay, I know, of Senator 
Mikulski and Senator Sarbanes, who fight vigorously for renewal in the 
Chesapeake.
  In the middle of this century, a boater could look down into Lake 
Tahoe's depths and see 100 feet. Today that is more like 60, or 70, and 
dropping every day. Senator Feinstein and Senator Boxer know that CARA 
could be one of the answers--not the only answer but truly one of the 
answers to help.
  These facts are staggering. More importantly, it will take decades to 
turn it around.
  So let's begin now.
  I ask each of my colleagues to put themselves in the shoes of our 
Governors, our mayors, and our natural resource officials. All of these 
local officials are charged just as we are with developing long-range 
strategies to combat vanishing coastlines, disappearing wildlife, and 
crumbling treasures. But if we don't enact CARA, or something very 
close to it, a funding stream they can count on year in and year out, 
their efforts will be marginalized.
  The Gulf of Mexico does not wait for congressional approval to claim 
30 square miles of Louisiana every year. Hurricanes do not lobby 
congressional appropriators before they claim precious beaches in 
Mississippi, Alabama, Florida, and the eastern seaboard. Mother nature 
does not testify in front of Congress before she floods our parks, eats 
away at the Everglades, and takes her toll on our historic treasures.
  Let us look closely at what we are doing here today. I ask that we 
not be lulled into believing that this is anything more than a minor 
downpayment on a debt we owe to our children.
  In the past 2 years, I think we have made much progress in 
recognizing the contribution of the coastal States--particularly States 
such as Louisiana, Texas, Mississippi, and Alabama--which generate 
these offshore revenues in the first place.
  Because I have received assurances from both leaders, Senator Lott of 
Mississippi, and Senator Daschle of South Dakota, that both coastal 
impact assistance and wildlife protection can be addressed in other 
bills in this Congress, I have withdrawn my objections to final passage 
of this bill.
  Although CARA supporters will lose the vote today, we will grow 
stronger. We will come back energized and ready to fight for what our 
country really needs--a true environmental legacy. The coalition knows 
that this is a downpayment. And, like all who are owed a debt, we will 
come to collect.
  Winston Churchill once said:

       Want of foresight . . . unwillingness to act when action 
     would be simple and effective . . . lack of clear thinking, 
     confusion of counsel until the emergency comes . . . until 
     self-preservation strikes its jarring gong . . . these are 
     features which constitute the endless repetition of history.

  Colleagues, let us heed these words. Let us come next year prepared 
with a willingness to act. Let us think clearly before the emergencies 
come. Let us not wait until our environmental preservation hangs in the 
balance. And let us listen to the cause of the American people--people 
from my State, people from your State, people from all of our States 
who say they need something on which they can depend--a steady stream 
of revenue; a partnership that they can depend on to help preserve what 
is best about America while protecting private property rights, while 
protecting the great balance between land ownership and land 
maintenance, while protecting the great needs of our coastline and our 
interior.
  We need a bill that America can grow on and depend on and prosper 
from in the decades ahead.
  I thank again the appropriators for their hard work. I thank the 
authorizers for their tremendous vision.
  Mr. President, I ask unanimous consent to have printed in the Record 
a list of wonderful people who need to be thanked for their efforts 
and, in doing so, not conceding that there is not still some time left 
to make some corrections and improvements but recognizing that the time 
is short and we will continue to pursue this avenue. But this is a list 
of coalition members from the National Wildlife Federation; Sporting 
Goods Manufacturers Association; National Governors' Association; the 
Nature Conservancy; Louisiana Department of Natural Resources; 
Americans for our Heritage and Recreation; International Association of 
Fish and Wildlife Agencies that worked so hard on this effort; U.S. 
Soccer Foundation; National Wildlife Federation; Coastal Conservation 
Association; Outdoor Recreation Coalition of America; Trust for Public 
Lands; Coastal States Organization, which Jack Caldwell helped to head 
up; National Coalition of State Historic Preservation Officers, 
particularly the Governor of Oregon who was so helpful, and many other 
Governors; the Wilderness Society; Southern Governors Association; my 
Governor, Governor Foster, who lent a hand early on; Land Trust 
Alliance; and the Coalition to Restore Coastal Louisiana.
  Those are just a few. There are so many more and I know my time is 
probably up.
  I also ask unanimous consent to have printed in the Record the names 
of many of the staff people who helped make this possible.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                         CARA Coalition Members

     Mark Van Putten, Jodi Applegate, Jim Lyon, Steve Schimburg--
         National Wildlife Federation
     Sandy Briggs--Sporting Goods Manufacturers Association
     Jena Carter, Diane Shays--National Governor's Association
     Tom Cassidy, Jody Thomas, David Weiman--The Nature 
         Conservancy
     Sidney Coffee--Louisiana Department of Natural Resources
     Tom Cove--Sporting Goods Manufacturers Association
     Jane Danowitz--Americans for our Heritage and Recreation
     Glenn Delaney, Naomi Edelson, Max Peterson--International 
         Association of Fish and Wildlife Agencies
     Jim Range--International Association of Fish and Wildlife 
         Agencies/The American Airgun Field Target Association
     Gary Taylor--International Association of Fish and Wildlife 
         Agencies
     Herb Giobbi--U.S. Soccer Foundation
     Pam Goddard--National Wildlife Federation
     Bob Hayes--Coastal Conservation Association
     Myrna Johnson--Outdoor Recreation Coalition of America
     Lesly Kane--Trust for Public Land
     Tony MacDonald--Coastal States Organization
     Nancy Miller--National Coalition of State Historic 
         Preservation Officers
     Andrew Minkiewicz, Kevin Smith--Governor Kitzhaber of Oregon
     Rindy O'Brien--The Wilderness Society
     Beth Osborne--Southern Governor's Association
     Bob Szabo--Van Ness--Feldman Law Firm
     Russell Shay--Land Trust Alliance
     Mark Davis--Coalition to Restore Coastal Louisiana

                 Actively Supportive Members and Staffs

     Senator Thomas Daschle--Mark Childress, Eric Washburn
     Senator Trent Lott--Jim Ziglar
     Senator Bingaman--Minority Energy Committee Staff: Bob Simon, 
         Sam Fowler, David Brooks, Mark Katherine Ishee, Kyra 
         Finkler
     Senator Murkowski--Majority Energy Committee Staff: Andrew 
         Lundquist, Kelly Johnson
     Senator Mike DeWine--Paul Palagyi
     Senator John Breaux--Fred Hatfield, Stephanie Leger, Mallory 
         Moore
     Senator Max Baucus--Brian Kuehl, Norma Jane Sabiston, Jason 
         Schendle, Aylin Azikalin, Alyson Azodeh
       All democratic colleagues on Energy Committee and Senator 
     Fitzgerald.

  Ms. LANDRIEU. Mr. President, I end by saying that sometimes it takes 
a bold act to receive something on which we can really build. CARA is a 
bold act.
  In a bill with $15 billion, asking for a few hundred million for 
States and local governments, a few hundred million for our coastal 
communities, a few hundred million for wildlife, was not too much to 
ask. I am very hopeful in

[[Page 20887]]

the years ahead we can meet the promise of CARA.
  I ask unanimous consent to have printed excerpts of editorial 
support.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                           Why CARA? Why Now?


Excerpts of Editorial Support for the Conservation and Reinvestment Act

       ``It's a bold approach to environmental conservation and 
     restoration. If ever there were a win-win for all the 
     squabbling factions permanently encamped in the corridors of 
     Capitol Hill to argue about the environment, this bill has to 
     be it.'' Seattle Post-Intelligencer, May 18, 2000.
       ``The Conservation and Reinvestment Act has the magic to 
     get through Congress in an election year: money for lots of 
     states, creative compromises and an odd-couple pair of 
     sponsors from the right and left.''--Seattle Times, May 9, 
     2000.
       ``Even with the unusual level of bipartisan support that 
     this measure has, it could easily get lost in the last days 
     of an election- year session. Citizens should press Congress 
     to get it onto the desk of President Clinton, who should sign 
     it.''--Providence (Rhode Island) Journal, September 19, 2000.
       ``This measure should be plucked from the pack and made 
     law.''--Los Angeles Times, September 18, 2000.
       ``By passing the act, the Senate will demonstrate that in 
     the current prosperity, America is not forgetting its other 
     riches, those bestowed on it by nature.''--San Jose Mercury 
     News, September 17, 2000.
       ``As Congress churns though its last days before 
     adjournment, one issue of environmental impact should not be 
     left in the dust: the Conservation and Reinvestment Act, or 
     CARA.''--Chicago Tribune, September 16, 2000.
       ``Before adjourning next month, Congress should approve two 
     of the most important conservation bills in many years. One 
     bill, the Conservation and Reinvestment Act, would guarantee 
     $45 billion over 15 years for a range of environmental 
     purposes, including wilderness protection.''--The New York 
     Times, September 13, 2000.
       ``One of the most important and comprehensive pieces of 
     conservation legislation in U.S. history deserves immediate 
     passage by the Senate. It is a bill most Americans have never 
     heard of: The Conservation and Reinvestment Act, or CARA.''--
     St. Louis Post-Dispatch, September 11, 2000.
       ``This is a rare piece of legislation. Its purpose is clear 
     and simple. Its funding is ready. Its public benefit would be 
     immense, and so would its public support, if anyone could 
     hear about it through the blare of electioneering. All it 
     needs is attention by our senators in the next three 
     weeks.''--San Diego Union-Tribune, September 7, 2000.
       ``Senators from inland states don't seem to understand why 
     Louisiana and other coastal states should receive the bulk of 
     the environmental money generated by offshore oil revenues. 
     And maybe that's because their states aren't 
     disappearing.''--The (New Orleans) Times-Picayune, July 18, 
     2000.
       ``Back in the '60s, Congress set aside $900 million yearly 
     from offshore oil revenue for the Land and Water Conservation 
     Fund to finance purchases of important natural beauty spots. 
     But over the years Congress routinely robbed the fund to 
     spend the money elsewhere, and Iowa was routinely shut out 
     when the remainder was divided. CARA restores the fund and 
     adds much more.''--The Des Moines Register, July 8, 2000.
       ``This landmark legislation deserves a chance, and it will 
     be a shame if opponents manage to use the clock or 
     unreasonable arguments to kill it. While senators out West 
     worry about the federal government gaining more control over 
     land, those of us who live in Louisiana worry about the acres 
     of coast that are crumbling into the Gulf of Mexico. One fear 
     is speculation, the other is all too real.''--The (New 
     Orleans) Times-Picayune, September 19, 2000.
       ``The Conservation and Reinvestment Act is a necessary and 
     sensible measure that would allow our nation to safeguard its 
     natural heritage. It deserves the Senate's support.''--The 
     Tampa Tribune, July 7, 2000.
       ``CARA is considered to be the most significant 
     conservation funding legislation any Congress has ever 
     considered.''--Times Daily (Florence, Alabama), July 10, 
     2000.
       ``The Conservation and Reinvestment Act is a strong and 
     balanced realization of the philosophy that government 
     revenues generated by exploiting natural resources ought to 
     be spent, in large part, on protecting resources elsewhere. 
     That's philosophy that Congress has long honored on paper, 
     and should now put into practice.''--The (Minneapolis) Star 
     Tribune, July 3, 2000.
       ``One of CARA's most exciting aspects, in fact, is the 
     ability to focus on smaller projects than the federal 
     government normally would, including urban green spaces, 
     walkways and small slices of important habitat. For those 
     with visions of a walkable riverfront in Detroit, of 
     selective preservation of natural spots in the path of 
     development, CARA is a dream come true--if the senators 
     controlling its fate will set it free.''--Detroit Free Press, 
     June 27, 2000.
       ``The most important land conservation bill in many years 
     is now before the United States Senate, and time is running 
     out.''--The New York Times, June 27, 2000.
       ``It's a reasonable, bipartisan way for America to create 
     long-term funding for conserving our natural heritage.''--The 
     (Salem, Oregon) Statesman Journal, June 14, 2000.
       ``CARA is a good program that promotes local initiative 
     toward parks, resource conservation and historic 
     preservation. We hope our senators change their positions and 
     give the support it deserves.''--The Idaho Statesman, June 
     13, 2000.
       ``We need to make it clear that we, the American people, 
     want the Senate to pass the most significant wildlife, parks 
     and recreation legislation in over 30 years.''--The Pueblo 
     (Colorado) Chieftain, June 11, 2000.
       ``This is a quality-of-life bill for the future, one that 
     holds enormous promise for the protection of dwindling 
     natural and cultural resources. Passage means benefits for 
     the current generation of Americans, and a chance to continue 
     those gains for generations yet to come.''--The Buffalo (New 
     York) News, May 22, 2000.
       ``So long as good sense continues to prevail, this 
     legislation may signal the beginning of an era, none too 
     soon, in which environmental impact has a more prominent seat 
     at the table.''--Winston-Salem Journal, May 19, 2000.
                                  ____


               [From the Kansas City Star, Oct. 5, 2000]

                           Conservation Money

       The proposed Conservation and Reinvestment Act, which would 
     transfer millions of dollars from federal off-shore oil 
     leases to financially starved local and state parks and 
     wildlife programs, is in trouble.
       Thanks to a deal devised by congressional negotiators on 
     the Interior Department appropriations bill, the House has 
     approved a pale version of the landmark legislation that 
     earlier had been endorsed by two-thirds of the House, more 
     than half of the Senate and President Clinton.
       The President has endorsed this inferior agreement, saying 
     that ``while we had hoped for even more'' he wanted to praise 
     the conservation, wildlife and recreation groups, as well as 
     citizens, who worked so hard for the conservation act.
       This is not the time to give up. Despite the apparent 
     bipartisan agreement, this latest version of the Conservation 
     and Reinvestment Act, also known as CARA, should not be the 
     one approved by Congress. It falls far short of the original 
     that has been pushed by conservation groups, cities, counties 
     and states.
       Under a strong bipartisan effort, Congress has been on the 
     verge of restoring the money to its rightful uses. Of the $3 
     billion CARA would provide, Missouri annually stands to gain 
     $34.7 million and Kansas $17.3 million for natural resource 
     preservation and parkland acquisition. Kansas and Missouri 
     cities and counties could use their share of the money to 
     improve state and local parks, purchase land for parks, and 
     other recreational purposes.
       The substitute version falls short in the money it would 
     guarantee over the long term. In one example, $350 million 
     annually for nongame wildlife programs has been cut to $50 
     million.
       Senate Majority Leader Trent Lott and Minority Leader Tom 
     Daschle have announced their intention to push to restore 
     CARA to its former self. They are backed by the nation's 
     governors, who have sought significant conservation funding 
     for state needs. The original version is the one that should 
     be passed.
       Approval of CARA could be one of the most significant 
     victories of this Congress.

  Mr. THOMAS. I ask unanimous consent to take the remaining time of the 
Senator from Arizona, which I believe is 4 minutes.
  Mr. BYRD. Would the distinguished Senator allow me to use 5 minutes 
of my time as the ranking member on the subcommittee?
  Mr. THOMAS. Go right ahead.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. I trust that the distinguished Senator will not leave the 
floor. I hope he will follow me immediately. If he is in great haste, I 
will be glad to yield to him.
  Mr. THOMAS. Go right ahead.
  Mr. BYRD. Mr. President, in the short time available before the 
Senate votes on final passage of the Interior appropriations conference 
report, I want to again urge my colleagues to support this measure. It 
is a good compromise that balances the needs of our parks, our forests, 
our wildlife refuges, and our trust responsibilities to American 
Indians, against the resources made available to us. That task--the 
task of reconciling identified needs with limited resources--is not 
easy.
  I am particularly pleased with the level of funding in this bill for 
fossil energy research. The new power plant improvement initiative, 
along with the other fossil energy research programs in the Department 
of Energy, are critical to this nation's energy security.

[[Page 20888]]

Working to curtail our reliance on imported oil, and ensuring that our 
current fleet of power plants are efficient and environmentally sound, 
should be the cornerstone of the next administration's energy policy. I 
can assure the next president, whomever he may be, that I, for one, am 
ready to assist in that endeavor.
  Mr. President, I also wish to take a moment to thank the chairman of 
the full committee, Senator Ted Stevens, for his interest in this bill, 
for his continued support, and for his willingness to work with Senator 
Gorton and me to ensure that we were able to get to this point. In 
particular, I am grateful for his help in making additional resources 
available to the Interior subcommittee. Without those resources, we 
could not have crafted this bill.
  Finally, Mr. President, let me again thank my colleague, the 
subcommittee chairman, Senator Gorton. He and his staff have truly been 
a pleasure to work with.
  When I talk of staff, let me briefly mention my own staff person, 
Peter Kiefhaber. I believe this is his first bill, first major bill, to 
assist me on this floor throughout the markup, throughout the hearings. 
He has done a masterful job as a new person in that position. I thank 
him and I congratulate him.
  I yield the floor now. I yield my remaining time to Senator Gorton.
  I, again, thank the distinguished Senator for yielding when he had 
the floor, to allow me to make this brief statement.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. THOMAS. I ask to take the 4 minutes that was available to the 
Senator from Arizona.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMAS. I appreciate the opportunity to visit just a moment on a 
subject that is very close to my heart and very close to my interests. 
I am from Wyoming, a State that has open space throughout a great deal 
of the State. It is the eighth largest State in the United States and 
still the smallest population. I grew up near Yellowstone Park. Those 
are things I feel very strongly about.
  I want to do two things--one, to comment on the good proposal of the 
Senator from Louisiana and her passionate defense of it. I understand 
that. I respect that a great deal. There are some things that are 
disadvantageous about CARA that we have talked about. One, of course, 
is the idea it makes it mandatory spending for 15 years. This is an 
entitlement. As we look at our budget now, about a third of our budget 
is up to the Congress to allocate. The rest of it is entitlements.
  I came from serving in the Wyoming Legislature where the legislature 
now only has control over 25 percent of the dollars. I think that is a 
dangerous position, and entitlements become a real problem.
  Also, as we look toward the land acquisition, there are a number of 
things we need to be concerned about in this year's budget. From this 
administration, there was more interest on the purchase plan than the 
maintenance plan. We have 379 parks in this country, most of which are 
in desperate need of infrastructure help, but it seems as if the more 
popular thing to talk about is the acquisition of more land. Fifty 
percent of my State belongs to the Federal Government; 85 percent of 
Nevada in the west along the Rocky Mountain area, most of the land now 
belongs to the Federal Government.
  We asked in committee if we could have some kind of protection in 
this allocation of CARA of $45 billion, that we would not have any more 
Federal land; that, indeed, if Federal lands were to be purchased, we 
would have an opportunity to dispose of some Federal land so there 
would be basically no net gain. It seems to me that is reasonable. The 
supporters of CARA were not willing to talk about that.
  In conclusion, I think there is a great deal of merit in the bill 
before the Senate. It isn't, of course, what everyone wants. There are 
more expenditures to it than some like. It does reflect help however, 
for the losses that were incurred because of the forest fires--6.6 
million acres in the West burned this year and the costs associated and 
the losses associated there.
  I am going to support this bill. I am pleased. I thank the chairman 
for his good work in getting this bill before the Senate.
  I will comment on the fact that not only in this bill but in a number 
of bills there are authorizations for things I think are 
inappropriately authorized in appropriations bills. In this bill there 
are some parks, for example, and set-asides which certainly ought to 
come from the authorizing committee, not from the Appropriations 
Committee.
  I understand what happens. We get toward the end of the year, and 
there are things there, people want something to happen and we are in 
danger of having a lot of that happen in the next week or so. I hope it 
does not. We have a system where there is an authorization and there is 
an appropriation.
  I don't think anyone in this place is more anxious to have dollars 
available to do something with conservation, to do something with 
preservation, to do something with easements, to do something with 
maintenance of the land we already have, but I think we have to make 
sure those bills, indeed, have the composition that makes them the 
kinds of things that we need to have in this Congress and that is to 
have them authorized yearly or at least in shorter spans than 15 years.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.
  Mr. GORTON. Mr. President, before I make some general remarks, I will 
respond to the three--and I think there have only been three--critics 
of this bill.
  For the better part of 3 days, the Senate has indulged in the remarks 
of the Senator from Illinois over one item out of many hundreds in this 
bill. Normally speaking, items such as the Lincoln Library are included 
in bills such as this because the Senators from the States concerned 
believe they are important and because we believe they are reasonable 
national priorities. I think I can assure the Senator from Illinois and 
the body that, had I known we were going to go through this process, 
there would have been no money for this project in this bill at all. It 
may very well be there will be no more tomorrow.
  I do think a library for Abraham Lincoln's papers in Springfield, IL, 
is an appropriate project. The State of Illinois and various local 
entities and individuals are providing the great majority of the money 
that is going into that project. The Senator from Illinois has engaged 
in a filibuster, required the vote of 89-8 on cloture, all over the 
bidding practices with respect to the way in which that project is 
undertaken, as to whether or not they ought to be Federal bidding 
practices or the State of Illinois' bidding practices--bidding 
practices of the State of Illinois that I believe he had something to 
do with creating while he was a member of the legislature of that body.
  Even under the bill as it appears here, the Secretary of the Interior 
has the authority to review the design, method of acquisition, and the 
estimated cost, and can deal with anything that the Secretary believes 
to be untoward in this entire question. But I have to say that to spend 
3 days of the time of the Senate on this internal dispute involving 
Members of Congress and others from the State of Illinois was an 
imposition on the time of the Senate at any time, but especially when 
the Senate is attempting to finish many important bills of which this 
is one, but only one. We will go forward with it at this point. We will 
pass the bill at this point. I believe the President of the United 
States will sign it at this point. But I can certainly not remember any 
other instance in which a Member from a State that is getting a benefit 
from the bill has looked so carefully at the teeth of a gift horse.
  The second question I raise is about some of the criticisms from my 
good friend, the Senator from Arizona. He complains about money in this 
bill for carriage barn rehabilitation at the Longfellow National 
Historic Site. That is a national park site. That is

[[Page 20889]]

the very kind of thing that we must rehabilitate. Henry Wadsworth 
Longfellow, when he lived at his place, had a carriage barn. I don't 
know whether the Senator from Arizona feels we should let it fall down, 
but my own view is our first duty is to maintain the national park 
sites that we have at the present time. The Senator from Wyoming has 
just referred to that. How that constitutes pork, or a reason to vote 
against this bill, is, I must say, beyond my understanding.
  He complains about dollars for the southeast Alaska disaster fund 
that he claims were not included in either the House or the Senate 
bill. In fact, they were included in the Senate bill under a different 
account number.
  He complains about $30 million for site-specific earmarks or 
emergency funds, one quarter of which turn out to be--slightly more 
than one quarter--for hazardous fuels reduction activities carried on 
by Northern Arizona University.
  When I was on the floor, he was complaining about the rehabilitation 
of a fish hatchery in White Sulfur Springs, WV, which was requested by 
my good friend and colleague, the Senator from West Virginia. Again, I 
am puzzled why it is we should not provide such office rehabilitation 
at a site that is a specific function of the people of the United 
States.
  In other words, I don't find those criticisms to have any particular 
merit whatsoever. This is our business. It is the business of this bill 
to see to it that the lands and historic sites and facilities of the 
United States of America are properly maintained. I think one of the 
great shortcomings, one of the overwhelming shortcomings that we have 
had in the last few years is that we have not been maintaining these 
sites to the extent they ought to be maintained. One of the goals, 
which I have accomplished in this bill, is to increase the amount of 
money for that maintenance, both in the regular bill and in this 
supplement to this bill that is the third item of controversy here 
today.
  This bill is criticized by the Senator from Louisiana as not 
including the full authorization for the so-called CARA bill, the 
Conservation and Reinvestment Act. She is certainly correct; it does 
not. That bill is an almost $3-billion-a-year entitlement for some 15 
years, the net result of which is that the items included in it are 
deemed to be more important, should that bill pass the Congress of the 
United States, than saving the Social Security system, than education, 
than health care, or any of the other items for which we appropriate 
every year. In my view, it is utterly inappropriate as an entitlement 
that automatically comes off the top, before all the other priorities 
of the people of the United States.
  On the other hand, many of the items preferred in that CARA 
legislation are highly worthy items, items for which this subcommittee 
chairman is delighted to have what now amounts to a greater 
authorization. Many of them will be more liberally funded in the future 
as a result of the proposals that are a part of this bill now.
  It is said--it was said in that criticism--that this bill sends all 
the money through the Federal bureaucracy rather than CARA sending it 
directly to the States. First, it doesn't send all the money through 
the Federal bureaucracy. Many of these programs are existing programs 
that result in formula grants to the States, and others are competitive 
grants to the States. At this point, the Congress can, through its 
authorizing committees, change the distribution formula for any one of 
these programs, either to make them more direct or more focused. CARA, 
of course, doesn't send all its money directly to the States, either. 
It does include large amounts for payment to coastal States but they 
are for new programs which are not even authorized at this point and 
will not be unless some bill of that nature is passed.
  Second, this is criticized by some conservatives for not providing 
protections for private property. The Interior bill funds currently 
authorized programs. It doesn't authorize them; it funds currently 
authorized programs and therefore, by definition, includes every 
protection for private property that exists in any one of those 
authorizing laws. If there are shortcomings in this field, it is not 
the fault of the Appropriations Committee but of the very authorizing 
committee that presented CARA to us in the first place.
  For Federal land acquisitions that are funded by this CARA-lite, in 
future years everyone is going to be subject to the same process as is 
used at the present time. They are all going to go through 
appropriations committees. I can assure my colleagues, I cannot think 
of a case where this committee has approved a project that did not have 
the support of the relevant Members of Congress, except maybe for this 
one in Illinois, which has been the subject of debate for some 3 days. 
So that objection is simply not valid.
  It is also pointed out this bill does not provide States and local 
governments with a predictable funding stream. You bet your life it 
does not, and it was not so designed. Why should we give a predictable 
funding stream for grant programs to State and local governments in 
precedence to the very programs for which we are directly responsible? 
We do not have a fully predictable or legally enforceable funding 
stream for schools. We don't have it for most of our health care 
programs. We don't have it for research and development programs. We 
don't have it for a wide variety of the programs that are subject to 
debate every year. It is just for that reason that we do not have it. 
They should be subject to debate and revision with respect to 
priorities every year. That is why we have a Congress.
  On the other hand, this new title does provide a decidedly increased 
likelihood that these grant programs will be sustained and will 
increase in future years.
  What this bill does is to say that if you do not spend this money on 
the programs outlined in this bill, you cannot spend it on something 
else, but it will go to reducing the national debt. It is only a couple 
months. Members on both sides of the aisle vociferously were saying 
that a reduction of the national debt was the most important single 
economic activity in which we could engage. Chairman Greenspan was 
quoted constantly on the floor of the Senate. We forgot that when some 
decided we needed these ``predictable funding streams,'' that is to 
say, entitlements which come directly out of debt reduction.
  I have never been able to see the logic of a 15-year guaranteed 
funding stream that could not easily be adjusted if the programs were 
ineffective or if we went into economic times in which there were 
higher priorities.
  Those are some of the critiques of the particular proposal, 
additional portions of which are likely to be included in the 
appropriations bill for Commerce-State-Justice, particularly the oceans 
portions of it which will be debated later.
  Finally, Senator Graham from Florida criticized the bill for not 
providing adequate funds for national parks. While CARA would have 
guaranteed an extra $100 million per year for the National Park 
Service--Mr. President, I am allowed to take time from Senator Stevens.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GORTON. The answer is, of course, CARA did not either. CARA gave 
money to the National Park Service above the line but not below the 
line, and very likely future Congresses will simply reduce the 
discretionary portion of that account by the amount guaranteed in CARA 
itself.
  It was at my insistence that this CARA-lite does include an item, I 
believe $150 million a year, for national park maintenance. I think 
that is one of the most important elements of the bill itself.
  The vote on cloture indicated the broad support for this bill, as did 
the overwhelming bipartisan vote in the House of Representatives. For 
that overwhelming bipartisan support, I owe particular thanks to 
Senator Byrd for helping me in developing the conference agreement and 
shaping it in a way that merits the support of Members on both sides of 
the aisle. His new staff minority clerk, Peter Kiefhaber,

[[Page 20890]]

has been a tremendous asset during the course of his first year. He has 
been ably assisted by Carole Geagley of the minority staff and Scott 
Dalzell, who has been with us on detail from the U.S. Fish and Wildlife 
Service.
  I thank my own exemplary staff: Bruce Evans, who is sitting here with 
me, Ginny James, Leif Fonnesbeck, Christine Drager, and Joe Norrell, as 
well as our detailee, Sheila Sweeney, and Kari Vander Stoep of my 
personal staff. All have also worked so many hours on this bill that I 
do not dare count them for fear of feeling ashamed. They have worked 
extremely hard, but they have been successful and have every reason to 
be gratified with their work.
  I note for the record this is the last year in which I will be 
privileged to work with my counterpart chairman, Congressman Ralph 
Regula from the House of Representatives. He will have another 
subcommittee next year, and I tell you, I will miss him. I have never 
dealt with anyone in this body or in the other body with whom I have 
had a more positive and affirmative, constructive working relationship, 
often with a great many laughs because of his marvelous sense of humor. 
Ralph Regula will have left a substantial legacy of increased priority 
for the maintenance of our Federal lands and facilities and a great 
approach in a matter of principle.
  In summary, this is a popular bill that has every right to be popular 
because it meets with many of the needs of deferred maintenance for 
past neglect. It has many projects in it that are of great importance 
to Members on both sides of the partisan divide in this body and our 
significant national priorities as well, and will get us through 
another year with respect not just to these natural resources used in 
energy research and cultural institutions in the United States but in a 
way I think worthy and which I recommend heartily to my colleagues.
  The PRESIDING OFFICER. All time is yielded back.
  Mr. GORTON. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. GORTON. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the conference report. The clerk will 
call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  Mr. REID. I announce that the Senator from California (Mrs. 
Feinstein), the Senator from Massachusetts (Mr. Kennedy), and the 
Senator from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kennedy) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 83, nays 13, as follows:

                      [Rollcall Vote No. 266 Leg.]

                                YEAS--83

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Frist
     Gorton
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Johnson
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Miller
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--13

     Breaux
     Brownback
     Feingold
     Fitzgerald
     Graham
     Gramm
     Helms
     Inhofe
     Landrieu
     McCain
     Sessions
     Smith (NH)
     Voinovich

                             NOT VOTING--4

     Feinstein
     Jeffords
     Kennedy
     Lieberman
  The conference report was agreed to.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.

                          ____________________



                            MORNING BUSINESS

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
now be in a period of morning business, with Senators permitted to 
speak therein for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                        THE HEATING OIL RESERVE

  Mr. MURKOWSKI. Mr. President, I think Senator Domenici will be 
seeking recognition. First, I want to take 2 minutes to alert my 
colleagues to what I think is a very significant issue.
  Much has been made of late about the status of the Strategic 
Petroleum Reserve and the recommendation by Vice President Gore that we 
withdraw 30 million barrels out of the SPR so we can build up our 
heating oil reserve. Let me tell you what is happening to that.
  The administration forgot a very important detail when they put that 
oil up to bid for the refiners. They didn't mandate that the crude oil 
be refined into heating oil or that it be used to build inventories 
here in the United States for the benefit of the Northeast States that 
need that heating oil inventories built up.
  What will happen to the crude oil or refined product? It will go into 
the marketplace, and it is going to Europe because Europe is paying a 
higher price for heating oil than the United States. Currently, 167,000 
barrels a day of distillate is exported.
  Let me tell you what came out of the Houston Chronicle, and I quote:

       The buyers can do what they wish with the oil, such as sell 
     or swap it, said Department of Energy spokesperson Drew 
     Malcomb, although whoever ends up with the oil has to get it 
     out of storage by the end of November.
       The extra crude won't result in any additional heating oil 
     because all the heating oil facilities already are operating 
     at maximum capacity, Brown said.

  There you have it. You have an administration that said we had an 
emergency, we had to go into SPR, address our heating oil situation, 
while sending a message to the Mideast that we are reducing our savings 
account. Then we find we may not build up our domestic heating oil 
inventories at all with this oil, it is going up for sale into the 
market and ending up in Europe because the administration didn't 
mandate that if you bought the oil, you had to keep it here in the 
United States.
  Senator Stevens and I have experienced some demands relative to our 
inability to move our oil out of our State.
  It is inconsistent to me that the administration could make such a 
poor business deal. We have not accomplished anything with SPR. We have 
simply increased our exports of heating oil. I think it is a charade.
  I thank my colleague from New Mexico. But I did want to call that to 
your attention.
  Mr. President, I ask unanimous consent to have printed in the Record 
an article from the Houston Chronicle entitled ``Oil from Reserve in 
High Demand'' and two tables on distillate exports.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    Oil From Reserve in High Demand--Bidders Grab 30 Million Barrels

                           (By Nelson Antosh)

       Trading companies and refiners looking for a good deal on 
     crude have snapped up all 30 million barrels that the federal 
     government is releasing from the Strategic Petroleum Reserve.
       The Energy Department announced Wednesday that 11 
     companies, some of them with names little known even within 
     the industry, had submitted the best bids for the oil being 
     held underground in Louisiana and Texas.
       The buyers in effect promised to return to storage 31.56 
     million barrels between August and November of next year, 
     thus paying a premium of about 5 percent.

[[Page 20891]]

       But by using the futures market, the successful bidders 
     will be able to pay back with oil cheaper than what it is 
     today, even if the real market price for crude may be higher 
     by then.
       ``A good transaction for value,'' said Mary Rose Brown of 
     Valero, a San Antonio-based company that will be refining its 
     federal crude. The difference between Wednesday's futures and 
     the payback cost is $3.25 per barrel, she said.
       The futures price for next October is $28.53, said Kyle 
     Cooper of Salomon Smith Barney in Houston, who reasons that 
     all the reserve sale does is ``move around crude.''
       In contrast to next October, the sweet crude contract for 
     next month settled Wednesday on the New York Mercantile 
     Exchange for $31.43 per barrel.
       The buyers can do what they wish with the oil, such as sell 
     or swap it, said DOE spokesman Drew Malcomb, although whoever 
     ends up with the oil has to get it out of storage by the end 
     of November.
       Valero will be taking 1 million barrels of sour crude from 
     the Bryan Mound storage site near Freeport and splitting it 
     between its refineries in Texas City and Freeport.
       That crude will be co-mingled with other supplies and be 
     made into a full range of products, including gasoline.
       The extra crude won't result in any additional heating oil 
     because all the heating oil facilities already are operating 
     at maximum capacity, Brown said. Valero even shifted some of 
     its distillate output at a New Jersey refinery from premium-
     priced jet fuel into home heating oil.
       ``The product will go where the market is,'' said Malcomb, 
     although he said his agency would prefer that it be refined 
     into heating oil and be shipped to the Northeast.
       Vitol, a trading company in Houston that also owns a 
     refinery in Canada, will get 1.05 million barrels of sweet 
     crude out of a storage site in Louisiana and 550,000 sour 
     barrels out of Bryan Mound.
       The company will apply for an export license, but logically 
     it is a better value if sold along the Gulf Coast, said a 
     Vitol employee who preferred not to be identified.
       Marathon Ashland Petroleum LLC, a Houston-based venture 
     that is a major refiner, was the high bidder on 2.4 million 
     barrels of sour crude and 1.5 million barrels of sweet crude.
       The DOE did not release the amounts that individual 
     companies promised to return to the reserve, because that 
     could influence any future sales.
       Morgan Stanley Dean Witter of New York was the high bidder 
     on 2 million barrels.
       Lesser known names were Euell Energy of Aurora, Colo., 
     which was the high bidder on 3 million barrels, Burhany 
     Energy Enterprises of Tallahassee, Fla., also with 3 million 
     barrels, and Lance Stroud Enterprises of New York with 4 
     million barrels.
       Equiva Trading, which is a Houston-based alliance between 
     Shell and Texaco, will get 2.5 million barrels. A spokesman 
     could not be reached late Wednesday.
       Elf Trading, also based in Houston, is getting 1 million 
     barrels.
       The largest quantity, 6 million barrels, was won by BP Oil 
     Supply Co., in Warrenville, Ill.
       ``Every barrel we can get into the market in the next few 
     weeks reduces the risk of a shortage of heating oil and 
     diesel fuel this winter,'' said Secretary of Energy Bill 
     Richardson in a news release. ``This is good for consumers 
     and good for our nation's long-term security,''
       Some have criticized releasing oil from the Strategic 
     Petroleum Reserve as a political ploy to get more votes in 
     the Northeast, where heating oil is widely used.

                 TABLE 5. U.S. YEAR-TO-DATE DAILY AVERAGE SUPPLY AND DISPOSITION OF CRUDE OIL AND PETROLEUM PRODUCTS, JANUARY-JUNE 2000
                         [Energy Information Administration/Petroleum Supply Monthly, August 2000; in thousand barrels per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Supply                                                  Disposition
                                    --------------------------------------------------------------------------------------------------------------------
             Commodity                                                      Unaccounted
                                        Field       Refinery     Imports     for crude      Stock        Crude       Refinery     Exports      Products
                                      production   production                  oil a       change b      losses       inputs                  supplied c
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crude Oil..........................      E 5,851  ...........        8,655          432           64            0       14,787           87            0
Natural Gas Liquids and LRGs.......        1,956          754          204  ...........           59  ...........          357           83        2,414
    Pentanes Plus..................          307  ...........           28  ...........            6  ...........          133            4          192
    Liquefied Petroleum Gases......        1,649          754          176  ...........           53  ...........          225           79        2,222
        Ethane/Ethylene............          746           29           23  ...........            6  ...........            0            0          791
        Propane/Propylene..........          549          597          124  ...........            8  ...........            0           60        1,201
        Normal Butane/Butylene.....          163          121           13  ...........           34  ...........          120           19          125
        Isobutane/Isobutylene......          191            7           17  ...........            6  ...........          105            0          105
Other Liquids......................          177  ...........          642  ...........           63  ...........          807           47          -98
    Other Hydrocarbons/Oxygenates..          339  ...........           62  ...........            4  ...........          367           30            0
    Unfinished Oils................  ...........  ...........          348  ...........           23  ...........          427            0         -102
    Motor Gasoline Blend. Comp.....         -162  ...........          231  ...........           37  ...........           16           16            0
    Aviation Gasoline Blend. Comp..  ...........  ...........            0  ...........           -1  ...........           -3            0            3
Finished Petroleum Products........          218       16,146        1,282  ...........           70  ...........  ...........          775       16,801
Finished Motor Gasoline............          218        7,842          347  ...........           76  ...........  ...........          109        8,223
        Reformulated...............  ...........        2,533          176  ...........            5  ...........  ...........            1        2,703
        Oxygenated.................          561          107            1  ...........           -1  ...........  ...........            1          669
        Other......................         -343        5,202          170  ...........           71  ...........  ...........          107        4,851
    Finished Aviation Gasoline.....  ...........           17          (s)  ...........           -1  ...........  ...........            0           19
    Jet Fuel.......................  ...........        1,570          129  ...........           22  ...........  ...........           27        1,650
        Naphtha-Type...............  ...........          (s)            2  ...........          (s)  ...........  ...........          (s)            2
        Kerosene-Type..............  ...........        1,570          127  ...........           22  ...........  ...........           27        1,648
    Kerosene.......................  ...........           58            3  ...........          -10  ...........  ...........            1           70
Average exports per day:
    Distillate Fuel Oil............  ...........        3,414          274  ...........          -97  ...........  ...........          152        3,634
        0.05 percent sulfur and      ...........        2,364          139  ...........           -1  ...........  ...........           35        2,469
         under.....................
        Greater than 0.05 percent    ...........        1,049          136  ...........          -96  ...........  ...........          117        1,164
         sulfur (Heating oil only).
    Residual Fuel Oil..............  ...........          657          212  ...........            7  ...........  ...........          141          721
    Naphtha For Petro. Feed Use....  ...........          164          104  ...........          (s)  ...........  ...........            0          268
    Other Oils For Petro. Feed use.  ...........          203          154  ...........          (s)  ...........  ...........            0          357
    Special Naphthas...............  ...........          102           11  ...........           -1  ...........  ...........           21           94
    Lubricants.....................  ...........          187           14  ...........           -1  ...........  ...........           27          174
    Waxes..........................  ...........           15            2  ...........          (s)  ...........  ...........            3           14
    Petroleum Coke.................  ...........          704            1  ...........            1  ...........  ...........          289          416
    Asphalt and Road Oil...........  ...........          508           29  ...........           75  ...........  ...........            4          458
    Still Gas......................  ...........          652            0  ...........            0  ...........  ...........            0          652
    Miscellaneous Products.........  ...........           53          (s)  ...........          (s)  ...........  ...........          (s)           53
                                    --------------------------------------------------------------------------------------------------------------------
        Total......................        8,201       16,900       10,783          432          256            0       15,952          992       19,117
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Unaccounted for crude oil represents the difference between the supply and disposition of crude oil. Preliminary estimates of crude oil imports at the
  National level have historically understated final values by approximately 50,000 barrels per day. This causes the preliminary values of unaccounted
  for crude oil to overstate the final values by the same amount.
b A negative number indicates a decrease in stocks and a positive number indicates an increase in stocks.
c Products supplied is equal to field production, plus refinery production, plus imports, plus unaccounted for crude oil, minus stock change, minus
  crude losses, minus refinery inputs, minus exports.
(s) = Less than 500 barrels per day.
E = Estimated.
LRG = Liquefied Refinery Gas.
-- = Not Applicable.
 
Note: Totals may not equal sum of components due to independent rounding.
 
Sources: Energy Information Administration (EIA) Forms EIA-810, ``Monthly Refinery Report,'' EIA-811, ``Monthly Bulk Terminal Report,'' EIA-812,
  ``Monthly Product Pipeline Report,'' EIA-813, ``Monthly Crude Oil Report,'' EIA-814, ``Monthly Imports Report,'' EIA-816, ``Monthly Natural Gas
  Liquids Report,'' EIA-817, ``Monthly Tanker and Barge Movement Report,'' and EIA-819M, ``Monthly Oxygenate Telephone Report''. Domestic crude oil
  production estimates based on historical statistics from State conservation agencies and the Minerals Management Service of the U.S. Department of the
  Interior. Export data from the Bureau of the Census and Form EIA-810, ``Monthly Refinery Report.''


[[Page 20892]]


THESE ARE B-B EXPORTED--AMERICAN PETROLEUM INSTITUTE, ENERGY INFORMATION
                             ADMINISTRATION
------------------------------------------------------------------------
                           Date                              Distillate
----------------------------------------------------------------\1\-----
January 1998.............................................            133
February 1998............................................             79
March 1998...............................................            129
April 1998...............................................            186
May 1998.................................................            121
June 1998................................................            149
July 1998................................................            161
August 1998..............................................            150
September 1998...........................................            107
October 1998.............................................             75
November 1998............................................             54
December 1998............................................            145
January 1999.............................................            117
February 1999............................................            116
March 1999...............................................            159
April 1999...............................................            191
May 1999.................................................            187
June 1999................................................            180
July 1999................................................            123
August 1999..............................................            130
September 1999...........................................            162
October 1999.............................................            192
November 1999............................................            170
December 1999............................................            212
January 2000.............................................            132
February 2000............................................            112
March 2000...............................................            211
April 2000...............................................            178
May 2000.................................................            127
June 2000................................................            149
July 2000................................................            132
August 2000..............................................            168
------------------------------------------------------------------------
\1\ Distillate fuel exports (Mbld), heating oil and diesel.

  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I understand I have up to 20 minutes as 
if in morning business.
  The PRESIDING OFFICER. Ten minutes.
  Mr. DOMENICI. I ask unanimous consent for up to 20 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I understand Senator Sessions would like to follow me 
with 5 minutes, if there is no objection.
  Mr. REID. Mr. President, reserving the right to object, the Senator 
from New Mexico wishes to speak for how long?
  Mr. DOMENICI. Up to 20 minutes.
  Mr. REID. We have the Senator from Alabama, and we have Senator Bryan 
who wishes 10 minutes. I ask that, using normal procedure, we have a 
Republican and a Democrat. I ask that Senator Bryan be the last speaker 
for up to 10 minutes.
  Mr. DOMENICI. Mr. President, I assume we need Senator Sessions' 
concurrence.
  Mr. SESSIONS. That is all right with me. I respect that. Senator 
Bryan will be the last. I defer to him.
  Will the Senator restate the agreement? The Senator from New Mexico 
has 20 minutes, Senator Bryan has 10 minutes, and I have 5 minutes.
  Mr. REID. That is correct.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

                          ____________________



                          TAX RELIEF PROPOSALS

  Mr. DOMENICI. Mr. President, I put a little editorial up here, and I 
hope I made it big enough that those who photograph what we talk about 
here can see it.
  I want to read this paragraph in yellow, and I want to speak to Vice 
President Gore's constant harping about the 1 percent of the American 
taxpayers getting too much of a tax break. I would like to do that for 
about 10 or 12 minutes.
  But first, let me suggest to the middle-class American people who 
have been waiting for a tax cut that if you elect Vice President Gore, 
you can wait perhaps forever because, as this editorial says, he might 
say over and over and over--maybe as many times as he said ``1 
percent'' the other night--that he is for middle-income Americans 
getting a tax break.
  But this is the Washington Post--not the Washington Times or the 
Albuquerque Journal--that says:

       If Mr. Gore believes middle-class people need a tax break, 
     he might better give them one--and let them decide how to 
     spend the money. If he believes the Government should do more 
     to promote education, he could do so more effectively with 
     truly targeted spending programs rather than with tax credits 
     that, for example, go to those who could and would pay for 
     tuition in any case along with those who need the help. But 
     for political reasons, the Democrats, as in 1992 and 1996, 
     believe they need to cloak their programs in the language and 
     form of tax cuts. One result would be an ever more complex 
     Tax Code.

  The truth of the matter is that the Vice President of the United 
States spoke the other night about the unfairness of the tax proposals 
of George W. Bush.
  I just want to start by correcting one thing for sure. There are no 
middle-income tax cuts in Vice President Gore's proposal--the last time 
he spoke to it, the second time he spoke to it, and the time he sent us 
an 81-page budget. There are no middle-class tax cuts. Why? Because he 
chooses to say to the American people: If you do this with your money, 
you get a credit; if you do that with your money, you get a credit.
  But for those who do not do this or that because they don't have any 
children to put in day care or they don't have any of the other things 
they need that he wants to give them tax credit for, the overwhelming 
percentage of the middle class gets zero.
  That is maybe what we ought to be talking about whenever he says 1 
percent. Perhaps we ought to say middle-class people, zero; middle-
class Americans, zero--maybe 16 times, as he did the other night in 
referring to ``1 percent.''
  Having said that, I want to talk about the progressive taxes the 
American people pay and the progressive system we live under because I 
believe there are millions and millions and millions of Americans who 
have not been told what our Tax Code is and have not been told what 
George W. Bush's tax proposals would do. Let me try that for a few 
minutes.
  I just told you what the Washington Post said about his tax 
proposals. In essence, even when he chooses to help--that is, the Vice 
President--the middle-class Americans, he chooses, I say to my friend 
from Alabama, to tell them how to spend the tax cut.
  That is the essence of the difference between the across-the-board 
cut of George W. Bush and the Vice President, although he has much less 
on the tax side, in any event--the Vice President--but he chooses to 
say: Mr. and Mrs. America, I don't want you to have a $1,500 tax cut if 
you are making $60,000 or $50,000. What I want you to do, if you want 
to take advantage of what I want you to do, if you do one of these five 
or six things as we have said, you will get a tax break.
  If you are Mr. and Mrs. America, you might say: I don't need any of 
those taxes. Why don't you just give me my money and let me spend it?
  That is one of the very big differences between the two parties at 
this point, as indicated by this editorial.
  In 1992 and 1996, Vice President Gore again chose in behalf of his 
colleagues to say: We want to give you a tax cut, but do not 
misunderstand; you have to use it our way or you don't get it.
  Is there anybody in America who thinks a tax cut should be used only 
the way the Federal Government wants them to use it? I don't think they 
even understand a tax cut to be that. But you can rest on it, that is 
what he is talking about--not a single middle-income tax cut--zero. I 
repeat.
  I would like to talk a little bit on what has happened to the Tax 
Code of the United States.
  Mr. President and fellow Senators, we have the fairest and most 
progressive Tax Code any country has ever lived under. Let me tell you 
what it does today.
  If anyone wants one of these, I will gladly give them one. The 
Internal Revenue Service gives us the information, and the Joint 
Committee on Taxation, which is a combined committee, gave us this 
information.
  Let me talk about the 1 percent.
  Fellow Americans, 1 percent of the taxpayers of America--1 percent--
currently pay a shocking 33 percent of the taxes.
  Let me repeat, Mr. President. On the income tax side, the top 1 
percent of Americans pay 33 percent of the taxes that America collects 
from income. They are rather wealthy. They make $250,000 and over, and 
1 percent pays 33 percent of the taxes.
  Let me right off the bat give you an astonishing number. If you are 
to adopt George W. Bush's across-the-board tax cut, guess what percent 
the top 1 percent will pay then? Remember I said, right now under our 
very progressive code, they pay 33 percent of all the taxes we collect.
  I say to my friend from Alabama, it is a startling revelation. After 
we cut

[[Page 20893]]

everybody across the board, as George Bush suggests, the top 1 percent 
will pay 34 percent total taxes. In other words, their portion of the 
total taxes will go up 1 percent, not come down. Isn't that 
interesting?
  So everyone understands who is rich and who isn't and who pays a lot 
of taxes and who doesn't, let's talk about the top 10 percent of 
taxpayers. Most people watching and most people visiting are in that 
bracket because the top 10 percent of the taxpayers are people earning 
$79,000 or higher. How much of the total taxes collected by America 
from income does the top 10 percent pay? I am sure, unless someone has 
studied it, in your wildest guess you will not conclude this. Sixty-
seven percent of the income taxes collected come from the top 10 
percent of the people in this country who are earning $79,000. Imagine.
  Can anyone imagine a fairer system if you want to tax people who earn 
money than to have 1 percent of the population that makes substantial 
money pay 33 percent of the taxes, and the top 10 percent of 79 and 
higher pay 67 percent? Frankly, it is obvious to me our Vice President 
is, once again, running on an issue that has been tried before, and we 
are very grateful as a nation that it has never worked. He is 
practicing the art of class warfare. He wants to make sure Americans do 
not trust the capitalist system where people might make more money, one 
versus another, depending on what they are doing, what they have 
invested in, and for what they have taken a risk. He wants to make the 
issue that the top 10 percent, which pays 33 percent of the taxes, does 
not deserve to be looked at when we look at cutting taxes for 
Americans.
  I am quite sure that sooner or later the American people are going to 
catch on that everybody who pays taxes gets a tax break. So nobody will 
have a misunderstanding, if you don't pay taxes, you don't get a tax 
break. I think that is pretty fundamental. There are many millions of 
Americans working for a living who do not pay any U.S. income tax. 
Right off the bat, when you speak about giving other people who are 
earning less tax breaks, we have to understand a very large percentage 
of Americans don't pay any taxes. They may think they are paying a lot 
because they are paying Social Security taxes, and neither candidate is 
recommending, from what I can tell, that we dramatically reduce the 
Social Security--other than George W. Bush saying let's investment 2 
percent. Otherwise, I haven't heard anybody saying that onerous Social 
Security tax is the one that ought to be fixed.
  Let me repeat, when the tax plan is in place under Mr. Bush, the top 
1 percent will pay $4 trillion in taxes when we have finished the tax 
across-the-board cut. Let's give that again: That top 1 percent will 
pay $4 trillion in income taxes, and it will be 34 percent of the new 
income taxes that we are taking in.
  What will that $4 trillion buy that 1 percent of Americans are paying 
in taxes? It will buy all of the following: All of our defense 
programs, welfare, food stamps, child nutrition, State child health 
insurance. We just picked some programs. That top 1 percent will pay 
for all of that out of what they pay in income taxes.
  If Mr. Gore continues to refer to this top 1 percent as public enemy 
No. 1, then I can only say that the top 1 percent are high-income 
folks; the top 10 percent earn $79,000 and above. One group pays 33 
percent of the taxes; and the other group pays 67.
  What should we do? Should we say because they pay 67 percent of the 
taxes but they make $79,000 or more they should get no tax reduction? 
If you are going to have a tax reduction because you have a giant 
surplus, let's be fair and say the American Tax Code is fair. We ought 
to continue to be fair, leave it as fair as it was, but make sure we 
understand the top 10 percent deserve some tax relief, since they are 
paying 67 percent of the tax.
  Let me also suggest that the bottom rung of wage earners and 
taxpayers in America--so there is no misunderstanding about my 
progressivity comment that we have a progressive code--the bottom 50 
percent pay 4 percent; the bottom 50 percent of our earners pay 4 
percent of the taxes of America.
  I think we have a pretty fair system. In fact, it is very heavily 
skewed towards those people making $79,000 or more. But George Bush, 
from what I can analyze, intends to leave it the same. It will come out 
like it is in terms of progressivity, excepting that those in the top 1 
percent, by a coincidence of reducing the total tax take, will end up 
paying 34 percent instead of 33--even if we give them a tax break.
  I do believe it is rather authentic when the Washington Post says to 
Vice President Gore, if you want to give the middle income a tax cut, 
give it to them. Don't tell them what they must use it for in order to 
get a tax credit or tax break. That is not very American. Why should 
the Government tell wage earners, people who are making money in the 
American system, what they must do with their income if they want a tax 
break? I thought if you were going to give it back, you would give it 
back to them so they can spend it.
  I will discuss another issue, Mr. Vice President. I don't come today 
to the floor to talk about the case of the schoolgirl in Florida who 
had to stand for one of her first days of classes this fall because 
$150,000 worth of computers had yet to be unboxed. That is one of the 
statements made by our Vice President in his debate. It is now, today, 
authentic, that is not a true statement. The people from that school 
and that school district have denied it. I think by this hour the Gore 
campaign has said it is a mistake.
  The Vice President said essentially in his own words that the 
analysis of his budget from the budget experts who work for this 
Senator, the chairman of the Budget Committee, although they happen to 
work for me, what they produced as the estimate of the cost of his 
budget ideas would use up the entire surplus and $700 to $900 billion 
of the Social Security surplus. He said something like, it is not worth 
the paper.
  I have analyzed with this same staff many budgets. They have come out 
as right as anyone around. They said before the Vice President put his 
entire package together, that if every single program he advocates 
would get funded--it is 200 or more new programs--there will be between 
20,000 and 30,000 new Federal employees.
  Incidentally, when the Vice President takes great credit for 
shrinking the Government and says we have reduced the number of people 
working for the Government, it would be good to note that 90 percent of 
the shrinkage of Federal employees is because the military was reduced. 
Between 85 and 90 percent of that entire personnel reduction is from 
military reductions.
  But let's get back to this. That budget staff said there are 200 new 
programs in the Vice President's ideas for America. They also suggested 
to me it is a new era of big government, excessive government, and 
obviously huge increases in what government will do.
  I laid that before the Senate in this report. It is as correct today 
as it was then. And, indeed, we have now seen Vice President Gore's 
plan all in one package. They reanalyzed it and said their original 
estimate is right, that he would have to spend the surplus to pay for 
his entire budget. We will have that report next week in an edition 
similar to this one, in which each program is analyzed and we tell the 
American people either the Vice President is suggesting myriad programs 
he does not intend to do or intends to do less than he said because if 
he is going to do what he says in his last written proposal, you cannot 
do those programs without spending all of the surplus and part of--not 
all of it but part of the surplus that belongs to Social Security.
  I close by saying the Vice President Tuesday night talked a lot about 
the lockbox. Isn't it amazing that Democrats, including the Vice 
President, talk about the lockbox as if they invented it; they pursued 
it; they are the ones who really advocated it and kept it alive. I want 
to say this is one time when Senator Domenici has to say: That is not 
true. It came out of the Budget Committee and I was the first Senator 
to suggest it. The proposal I suggested has never been voted on to

[[Page 20894]]

this date because it is a real lockbox. It really makes it tough to 
spend either Social Security--and if you want to use the same format 
for Medicare, that is fine. But let's get it straight. We have been 
trying to get a lockbox passed up here from our side. Whatever we 
propose is either too strict, too rigid, doesn't have enough 
flexibility for the Treasury Department, or something. But let's make 
sure everybody understands we started the idea; we pursued it with 
great vigor. It is now part, I believe, of what we believe. Whether we 
get it passed or not, in our form, I believe everybody around here is 
going to be frightened to death if a Budget Committee says: Hey, this 
budget is spending Social Security surplus money. I believe we have 
that ingrained in our minds because the public expects it.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, before the Senator from Nevada takes the 
floor, I ask unanimous consent following the Senator from Alabama, 
Senator Durbin be recognized for a half hour in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Nevada.
  Mr. BRYAN. Mr. President, this morning's Washington Post features an 
article entitled ``Iverson's Bad Rap Is Well-Deserved.''
  It is a story about one of the Nation's high-profile National 
Basketball Association stars who is about to release a rap CD that 
encourages gun violence, degrades women, and blatantly bashes people 
because of their sexual orientation. The National Basketball 
Association, the Philadelphia 76ers, his team, Mr. Iverson's record 
label, his coach, and every fairminded person should condemn this kind 
of so-called entertainment for the trash that it is. Clearly, these are 
not the kind of messages that one of the NBA's leading and most 
talented players should be sending to tens of thousands of kids who 
watch him play and may idolize him.
  I fully respect Mr. Iverson's first amendment rights, but clearly the 
message he is sending encourages violence and implicitly condones it, 
hardly the kind of conduct one would expect from a celebrity whose 
conduct is admired by many of the Nation's youth.
  What makes this particularly objectionable is the fact that Mr. 
Iverson and many of his other incredibly talented colleagues in the NBA 
are specifically marketed by the NBA itself as superheroes to our kids. 
The NBA is ultimately in a business to make money, and that is fine. 
They use their stars to promote their teams. But one would hope the NBA 
would exercise good judgment in choosing the athletes they select to 
promote because many of these athletes use their stardom to, again, 
promote themselves and to use that same kind of marketing appeal. And 
when the message, as in this case from Mr. Iverson, is both hateful and 
dangerous and is absorbed by all too many of our Nation's youth, it is 
a vicious cycle that the NBA should end immediately.
  The NBA has the power to pick and choose which athletes they are 
going to market and promote. They should exercise sound judgment and 
discretion before encouraging this kind of promotion and the 
reprehensible message it sends.
  A few weeks ago I joined with many of our colleagues, both in 
committee and on the floor, in condemning some of the media produced in 
Hollywood, some of the videos, some of the violence that so often 
invades the Nation's television audience. We should also condemn this 
kind of conduct as well. When the NBA promotes these questionable 
athletes, they assist them in their quest to become wealthy media 
darlings, and that only helps other media outlets such as record 
companies and movie studios to exploit their now already famous 
personalities. In fact, Mr. Iverson's record company is apparently 
planning to use the NBA's very well publicized All-Star weekend to 
release the uncensored--and one could only conclude even more 
objectionable--version of his soon-to-be-released CD.
  Again, it is ultimately going to have to be up to the NBA as to who 
they promote and market and who they do not. But they need to realize 
if they continue to promote and market athletes who use their league-
endorsed celebrity to promote or incite violence or the degradation of 
more than half the Nation's population, they will continue to bear a 
great deal of responsibility for the consequences of these actions.
  I find it somewhat incredible that the Philadelphia 76ers' own coach 
has said, according to the Washington Post article, that he does not 
have a problem with Mr. Iverson's CD. That is nothing more than a cheap 
copout, and the NBA, the Philadelphia 76ers, and his coach should 
immediately condemn this outrageous, dangerous, and hateful message.
  Let me give an example of one of the lyrics that is on this CD. Mr. 
Iverson says on his CD if someone is ``man enough to pull a gun/Be man 
enough to squeeze it.''
  In addition, he also advocates the murder of gay men on his new CD.
  I am told that a wire report has been circulated this afternoon 
indicating that Mr. Iverson has apologized to gay men and to women for 
the hateful language contained in his CD. I call upon Mr. Iverson to do 
more than that; to ask, as a responsible American, as a role model, 
which he styles himself to be: Let's not issue this CD. Let's recall 
it. That would be the kind of conduct we should ask and expect of Mr. 
Iverson.
  There are many athletes in America who do provide the kind of role 
model all Americans can endorse--the Cal Ripkens and the Tiger Woods in 
the World. These are the kind of people who send a very positive 
message about the value of the work ethic and the commitment to 
standards. All of us admire that kind of conduct. If Mr. Iverson is 
deemed to be a role model for America's youth, I suggest that the youth 
of America is in serious trouble.
  Michael Wilbon also had a very interesting response to this subject 
in the Post this morning. I commend it to my colleagues as well.
  Mr. President, I ask unanimous consent this article be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                   Iverson's Bad Rap Is Well-Deserved

                          (By Michael Wilbon)

       Like a lot of other folks who care about basketball, I keep 
     waiting for Allen Iverson to grow up. I keep waiting for him 
     to lift some weights and get stronger so that he can better 
     withstand the pounding he takes. I keep waiting, hoping for 
     him to realize that games are often won at the previous day's 
     practice, which he may or may not have attended. I keep 
     hoping that he is old enough now--25--to understand there's a 
     world of difference between being a great talent and a great 
     player, between somebody who's got game and a champion. I 
     keep waiting for Iverson to understand that the notion of 
     being a role model goes way beyond a lot of people walking 
     around town wearing your jersey.
       But here we are, at the start of NBA season No. 5, and 
     Iverson seems no closer to getting any of this than he did 
     four years ago. Maybe he's further away. My vigil appears to 
     be in vain.
       NBA camps have just opened, and Iverson is in the news 
     already, again for the wrong reasons. The story with sizzle 
     is the controversy over a soon-to-be-released rap CD on which 
     Iverson does what the majority of thug rappers do: He 
     demonstrates that he, too, can bash gays, degrade women and 
     talk about shooting somebody. That's the genre. It's pretty 
     clear how this breaks down; if you're under 30 (regardless of 
     race, nationality, gender), chances are overwhelming you're a 
     lot more open to thug rap than if you're over 40. I'm 41, and 
     most rap doesn't speak to me, doesn't move me whatsoever. But 
     I do listen to it enough to know that lyrics Iverson's 
     spewing on ``Non-Fiction'' are fairly common.
       That doesn't mean people won't be offended, and 
     legitimately so. Iverson's rap on gays, as reported earlier 
     this week in the Philadelphia Inquirer: ``Come to me with 
     faggot tendencies/You'll be sleepin' where the maggots be.'' 
     He also raps, ``Man enough to pull a gun/Be man enough to 
     squeeze it.''
       This is a young man who in the same breath will tell you he 
     is a role model? Sadly, he is probably right on the mark. And 
     sadly, the hip-hop community seems to get a pass on gay-
     bashing and misogynist behavior.
       Given what this kid has been through in his life, and that 
     the present environment existed long before he came along, 
     many of

[[Page 20895]]

     us have extended Iverson the benefit of the doubt. He's about 
     used it up. It's not about his twisted lyrics, specifically. 
     It's about squandering talent, it's about being a self-
     absorbed egomaniac whose position in the culture isn't nearly 
     as big as he thinks it is. It's about never listening to 
     anyone, and having no regard for anything that doesn't 
     revolve around him and his. Kinda like the very dead 
     Notorious B.I.G. and Tupac, which I'm sure Iverson would take 
     as a compliment.
       I thought Iverson was getting somewhere when he said 
     earlier this week, ``The whole time I've been in the NBA, I 
     haven't been professional at all. I always looked at it like 
     it was just basketball. This year will definitely be the best 
     season I've had since I've been in the NBA. I owe it to 
     myself and my family and my teammates to be a better player.
       ``I'm concentrating on basketball. I haven't been working 
     on my game as serious as I should've. I have the raw talent. 
     this is going to be the most important year of my career 
     because all eyes are on me this year. Everybody's wanting to 
     see if I can be the captain, if I can be a leader, if I can 
     be professional besides playing basketball, and if I'm up to 
     the challenge. I'm ready for it because it's something I can 
     do.''
       But the longer you listen to Iverson, the more you realize 
     he's disconnected from the world we live in, even the world 
     he lives in. The attitude is: I can be late or miss practice 
     whenever I want because I'm Allen Iverson, The Answer, and 
     the team don't have nothin' if it ain't got me. And if you 
     make a big deal out of me cussin' the coach and standing up 
     my teammates and getting fined 50 times in one season, then 
     you must be a punk 'cause I'm tough and you ain't.
       Iverson is ticked off because the 76ers tried to trade him 
     because he repeatedly is late to practice, if he shows at 
     all. You know what his take is? ``That's embarrassing to hear 
     that an organization is thinking about trading its franchise 
     player because he's tardy to practice.''
       Of course, it never occurred to him that it ought to be 
     embarrassing for the franchise player to be tardy repeatedly. 
     That wouldn't cross his mind. ``You're going to send me to 
     the worst team in the league?'' he asked incredulous at the 
     possibility of going to the Los Angeles Clippers, apparently 
     unaware that players a whole lot more accomplished than he is 
     (Wilt and Kareem to name two) were traded in their prime.
       Truth be told, the Clippers don't want Iverson. Several 
     teams have turned down the chance to trade for him and here's 
     why: They're afraid he'll never get with the program--
     anybody's program. He plays his heart out every time he puts 
     on a uniform. For those 48 minutes, there isn't anything he 
     won't do to win a basketball game. He'll sacrifice his body, 
     he'll do the dirty work some superstars don't want to do. But 
     the great players in any sport know it only starts there. And 
     that's what Iverson hasn't grasped. You know what he said 
     this week about his repeated tardiness, which by the way has 
     angered his teammates?
       ``Yeah, I was late to practice, but, believe me, [the 
     number of] times that I heard nobody would put up with that. 
     I'm not even brave enough to miss that many practices.''
       So how many, Allen? ``I don't know; I wasn't counting. 
     Don't nobody complain about the effort I give in a game. 
     [Given the injuries and pounding he takes] it's bad enough I 
     had to come to the game.''
       Iverson went on to say he was ``hurt hearing some of the 
     things the fans were saying, some of the things people on the 
     coaching staff were saying. I thought a lot of people in this 
     organization were my friends and I found out the hard way 
     that there's no friends in this business besides your 
     teammates.''
       I guess those would be the teammates for whom he won't come 
     to practice on time. I guess those would be the friends who 
     have begged him for years to get his act together to try to 
     realize there are obligations that come with an $80 million 
     contract. If they're not sucking up to him, they're against 
     him, they don't understand him, they're not as tough as he 
     is.
       Folks under 30 are tired of people my age wanting Iverson 
     to be Bird or Magic or Jordan, and that's understandable. 
     Different time, different place, the world evolves. But I'm 
     looking at Kevin Garnett now, at Ray Allen, at Tim Duncan, at 
     Shaq and Kobe Bryant. There is a new generation of players 
     trying to be all they can be. And they have fully developed 
     lives outside of basketball.
       Iverson, meanwhile, raps one thing, but his actions speak 
     even louder. It's everybody else's fault, it's the coach's 
     fault, it's the system's fault. He says he is going to 
     change. It reminds me of Bob Knight saying he was going to 
     change. I'm hoping Iverson is different because he's more 
     than 30 years younger than Knight; he can grow up if he 
     wants. But maybe it's more important for him to talk loud 
     while saying nothing.

  Mr. BRYAN. Mr. President, again, let me urge the NBA and the 
Philadelphia 76ers to step forward and be heard. They will say: Look, 
we cannot control Mr. Iverson's conduct. That may be true. But they 
have an obligation, a responsibility to speak out and to condemn such 
conduct, even if they are unable to control it. So far, either they 
have, by silence, acquiesced, or they have to acknowledge that they 
find nothing wrong with the CD.
  I find that both troubling and tragic if that is the standard we are 
to follow.
  Again, the NBA, the Philadelphia 76ers, and their coach ought to 
speak out loud and clear and indicate this is not the kind of conduct 
they expect from one of their star athletes and to be as critical of it 
as I know Americans are in general.
  Mr. President, I yield the floor. I believe some of our other 
colleagues have reserved time.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I thank the Senator from Nevada for 
sharing those serious concerns. It was not long ago that a group of us 
wrote the major department stores in the country asking them not to 
sell this violent material to minors, and they responded as good 
corporate citizens.
  They said: We have a constitutional right to sell it, but we are not 
going to do it. Either we are not going to sell it at all, or we are 
going to make sure children produce an ID so we know they are old 
enough to buy the material. I thought that was a good corporate 
response.
  Yes, the NBA may not legally be able to stop this stuff, but they 
ought to express their concern about it. The Senator makes a valid 
point, and I salute him for it.
  (The remarks of Mr. SESSIONS pertaining to the introduction of S. 
3169 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. SESSIONS. I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.

                          ____________________



                       ORGAN DONATION IN AMERICA

  Mr. DURBIN. Mr. President, before I address the issue that I would 
like to speak to this evening, I would first like to acknowledge a 
press conference which was held today, and one which I believe could 
have some significance across the United States. It was a press 
conference here on the lawn of the U.S. Capitol. In attendance were 
Senators Bill Frist of Tennessee and Senator DeWine of Ohio--both 
Republican Senators--as well as my Democratic colleague, Senator Carl 
Levin and I.
  What would bring together two Democrats and two Republicans in rare 
agreement here in the close of a session? It is an issue which, 
frankly, transcends party and transcends region. It is the issue of 
organ donation in America.
  Mr. President, 72,000 of our friends and neighbors are sitting by a 
telephone across America at this very moment waiting for the phone to 
ring to be told that there is an organ available to be donated to them 
which could save their lives--72,000. In my home State of Illinois, 
there are 4,500 such people. Sadly, 300 of them will die before they 
receive the phone call that an organ is available.
  So last year I joined with Senators Frist, DeWine, Levin, and 
Kennedy, and half a dozen other Senators from both sides of the aisle, 
to try to address this on a national basis. We came up with the concept 
that this Thanksgiving in the year 2000 will be designated ``Give 
Thanks, Give Life Week,'' where we will try to alert families across 
America, as they come together for Thanksgiving, that they should take 
a few moments of time in that festivity and just perhaps talk to one 
another privately about their feelings about organ donation.
  We were lucky to have the endorsement of this effort by the National 
Football League. At 17 different NFL games on Thanksgiving Week, they 
will have ``Give Thanks, Give Life'' activities.
  Today, we had at this gathering on the Capitol lawn, Connie Payton, 
who is the widow of the great Chicago Bear running back Walter Payton. 
Of course, he died in November of last year from liver disease. He 
might have been saved by a liver transplant. She has really dedicated 
her life since trying to work for children and for organ donation in 
his memory.

[[Page 20896]]

  Connie is a wonderful lady who has been on television in public 
service spots across Illinois with our Secretary of State, Jesse White, 
for the past 6 or 7 months. She really is well respected for her 
efforts.
  Joining her were representatives of the National Football League from 
the Washington Redskins and from the Tennessee Titans. It is going to 
be a great opportunity across America to use what is a great family 
get-together to remember the very basic: If you want to give thanks, 
you can give life with an organ donation.
  So I hope a lot of my colleagues in the other NFL cities will be part 
of this and will participate. In Chicago, we are going to set up tables 
in Soldier Field for those who want organ donation cards and to 
encourage people to sign their driver's licenses. At half time we are 
going to bring out a bunch of kids and older folks who successfully 
received organ transplants.
  At this meeting, we had Jon Hochstein, a 5-year-old boy from 
Virginia. He had a heart transplant a year and a half ago, and he looks 
like he will play in the NFL some day.
  It is a great miracle, but it can't happen without organ donors. 
Those of us who made that commitment, and have made it known to our 
families, stand at least the possibility to bring a lot of joy to 
families.
  Mr. REID. Will the Senator yield?
  Mr. DURBIN. I am happy to.
  Mr. REID. The Senator from Illinois and I came to the House of 
Representatives together 18 years ago. I was placed on the Science and 
Technology Committee, and the first subcommittee I was on was chaired 
by Representative Albert Gore. One of the first hearings that he put 
together as chairman of that subcommittee dealt with organ transplants. 
That was 18 years ago. Maybe the Senator can remember the very noted 
hearing that he held, beginning a discussion on organ transplants.
  Mr. DURBIN. I was at the same hearing.
  Mr. REID. I say to my friend from Illinois, do you remember little 
Jamie Fisk whom he brought in?
  Mr. DURBIN. I do.
  Mr. REID. He was yellow.
  Mr. DURBIN. Jaundiced.
  Mr. REID. He needed a liver transplant. As a result of that hearing, 
Jamie Fisk got a liver transplant. It began a discussion in our country 
that the Senator from Illinois has carried on all these years about why 
we should be aware of the need for organ transplants.
  I was not aware the Senator was coming to the floor today to speak 
about this subject. But my mind returns to that very dramatic hearing 
that went on for many hours. It was the first of its kind.
  I would say, in passing, and ask the Senator if he agrees with me, 
that this is like Al Gore to begin something like this. He is a 
visionary. And this goes back long before anyone ever anticipated or 
thought that Al Gore would be a Member of the Senate, certainly not 
Vice President, and not running for the Presidency.
  Mr. DURBIN. I agree with you.
  But I remember it well because I was lucky enough to serve on that 
same subcommittee. I remember that testimony as if it were yesterday. 
It was amazing that this issue was brought forward. We have done so 
much.
  Our Republican colleague, who is a medical doctor, Senator Bill 
Frist, was a former heart and lung transplant surgeon. He came down 
here. He talked about how he used to carry around in his pocket the 
names of 10 or 12 people who needed an organ donation. He would go 
through the hospital to see if there were any families with a loved one 
who was about to pass away who would even consider that. He said since 
he stopped that practice a few years ago, the number of organ 
transplants has been increasing each and every year. But it can't 
continue unless there are more donors.
  I hope this ``Give Thanks, Give Life Week'' around Thanksgiving will 
become an annual event. I want to really salute the National Football 
League and Paul Tagliabue, the Commissioner, for all the support they 
have given us. They have at least given it the kind of sendoff we hoped 
to achieve. Connie Payton, who was here the other day; Mark Moseley, 
who is a former most valuable player in the NFL; Bill Brundage, who was 
also a lineman for the Washington Redskins--they all came out here to 
endorse the concept.
  Many times, people in sports can come forward and spur a lot of folks 
to take seriously what politicians, such as ourselves, may not be able 
to impress upon them. So this meeting today was a good one.

                          ____________________



                  TAX CUTS AND THE PRESIDENTIAL DEBATE

  Mr. DURBIN. Mr. President, I also come to the floor today to talk 
about an issue that came up the other night during the course of the 
Presidential debate. I did a television show last night called 
``Crossfire.'' Some people probably have seen it. It was typical. It 
was kind of a controlled shouting match, you might say, on 
``Crossfire,'' with Republicans on one side and Democrats on the other. 
Mary Matalin, who is from Illinois, and has been quite well known for 
her chairmanship of the campaign for George Bush's election as 
President, was there representing the Republican side. Of course, we 
had Bill Press on the Democratic side. We talked about the debate.
  The interesting thing to me was, the analysis of the debate by these 
commentators kind of came down to what I consider to be fairly 
superficial questions: Did George Bush show disrespect for Al Gore when 
he brought up the whole question about fundraising? Did Al Gore show 
disrespect for George Bush when he shrugged or was guilty of audible 
breathing?
  I thought to myself at one point, is that as good as it gets in a 
Presidential campaign in America? We can listen to 90 minutes of debate 
and wonder if someone perhaps cleared their throat at the wrong time, 
or shrugged their shoulders, or someone else brought up a word or two 
that might have crossed the line.
  I think it is worth a lot more for us to have these debates. I think 
it is important that all of us who are in this business--Republicans 
and Democrats--take it as seriously as the American people want to take 
it.
  What I hear from people across the country is, we are looking for 
political candidates who speak candidly, honestly, openly, and 
truthfully. Tell us what you believe, even if we might disagree with 
it, so we can draw a conclusion about you, not just our ideas about 
you.
  The issue that Al Gore came to the debate to talk about is one which 
was addressed a few moments ago by our colleague, Senator Pete Domenici 
of New Mexico. I listened carefully because I really respect this man. 
For years, when I served in the House of Representatives on the Budget 
Committee, and now on the Senate Budget Committee, I have watched Pete 
Domenici. He has gone after the deficit like a tiger and for years and 
years was admonishing Congress to cut spending, trying to bring down 
our deficit. He continues in that effort.
  As a consequence, I wish he were here on the floor. I told him I was 
going to bring up this issue. I wish he were here on the floor so we 
could have a little debate about the proposed tax cuts of the two 
candidates, Al Gore and George Bush, and the impact it would have on 
America.
  I think that is the point that Al Gore was trying to make the other 
night in the debate. There really are two clear choices. Both parties 
are for tax cuts, but they are entirely different approaches. The 
American people get to take their pick whichever they think is best for 
the future of this country and fairest for the taxpayers.
  Frankly, I think the choice is very stark and very clear.
  Let me show you, as an example, this chart, which demonstrates George 
Bush's proposal. It is true, we are at the point in our history where 
we are going to have a surplus; more money coming into the Federal 
Treasury than going out for the next 10 years.
  The amount of that surplus will be somewhere in the neighborhood of 
$4.8 trillion--a huge amount of money. It sure is a far cry from just a 
few years

[[Page 20897]]

back when we had, year after year, deficit after deficit. But, thank 
goodness, we are now living in an era of projected surpluses. We can 
start thinking about doing things with that money that will be good for 
the Nation.
  The first thing you have to notice out of the $4.8 trillion surplus 
over the next 10 years is we have all agreed--Democrats and 
Republicans--that $2.6 trillion of the $4.8 trillion will not be 
touched. That is a surplus in the Social Security funds. We have said 
that is off limits. Nobody gets to touch the Social Security fund. So 
you start off with a 10-year surplus of $2.2 trillion, which I have 
indicated on this graph.
  Then we take a look at the projection, first from George Bush, as to 
what you might do with that. Well, there will be a surplus as well in 
the Medicare trust fund, the hospitalization plan for the elderly and 
disabled, of about $360 billion. We think that should also be off the 
table. We should not touch it. We know Medicare won't last forever, and 
we want it to be solvent. So if you take away that amount, you are down 
to $1.8 trillion over the next 10 years.
  Then, of course, you take the proposal of George Bush for tax breaks 
of $1.3 trillion, and you find that you have $500 billion left over the 
next 10 years.
  Then George Bush has also endorsed other Republican tax breaks, such 
as the estate tax, the marriage penalty tax, the telephone tax, a whole 
variety of tax breaks which total $940 billion. Now we find ourselves 
in short order in the deficit category again. If you do all these 
things, you are back in the deficit world.
  Then take a look at proposals by Governor Bush for additional 
spending on a variety of things--the military, education, whatever it 
happens to be--$625 billion, and that brings the deficit to a total of 
$1 trillion over the next 10 years. Then there is the proposal by 
Governor Bush that suggests we should privatize Social Security. That 
would cost $1.1 trillion. So add that to the $1 trillion, and now you 
have $2.1 trillion. With added interest costs of these additional debts 
of $400 billion at the end of 10 years, you started off with a $4.8 
trillion surplus and now, at the end of it, under the George Bush plan, 
you have a $2.5 trillion deficit.
  None of us wants to see a return to those deficits. So the 
alternative which has been proposed on the Democratic side by Vice 
President Gore suggests a much more reasonable approach: Start with the 
same $2.2 trillion, the non-Social Security surplus; protect the 
Medicare trust fund, $1.8 trillion; targeted investments, $530 billion. 
What is that for? Additional medical research at the National 
Institutes of Health, more money for our schools, environmental 
protection, cleaning up some of the environmental waste sites across 
America. Now add in the prescription drug benefit under Medicare, which 
we support on the Democratic side. You are now down to $943 billion.
  Then we bring in our tax cuts, $480 billion worth of tax cuts, which 
I will describe in a few minutes. Then after you have reduced interest, 
you have a net of $310 billion on the plus side. You are not back in 
deficit land again. You don't see the red ink on this chart. You are 
still above the line. You still have a surplus.
  The Vice President has suggested that we should put this in a rainy 
day fund because, frankly, all of these economic projections are just 
guesses about the future. If we guess wrong, we should have a rainy day 
fund for emergencies. The good news is, as we address this approach, by 
the year 2012, we will have eliminated, under Vice President Gore's 
proposal, the publicly held national debt in America.
  What does that mean? It means that the debt being held by folks who 
own treasuries and securities in the Federal Government will have been 
retired. And if that is retired, then it means less competition for 
capital, lower interest rates, more opportunity for businesses to 
expand and families to borrow money for mortgages. It also means that 
our kids will not be carrying the burden of the national debt on their 
shoulders. I don't think we can leave our children a better gift. Those 
who would suggest that a tax cut is a much better deal miss the point.
  The best deal is for us to eliminate the publicly held national debt, 
have targeted tax cuts, and end up with a surplus at the end. To find 
ourselves, as Governor Bush has proposed, running into all of this red 
ink from his proposals would be a recipe for disaster. We would not 
only still have our national debt, we would be adding to it. I don't 
think that does our kids and grandchildren any good whatsoever.
  When Al Gore said repeatedly the other night that the Bush tax cut 
spends more for the wealthiest 1 percent than the total that he wants 
to spend on education, defense, health and prescription drugs, that is 
exactly what the figures show. The tax cuts proposed by George Bush for 
the wealthiest 1 percent of Americans, $667 billion worth of tax cuts, 
are greater than the investments he wants to make in defense, health 
care, education, and prescription drug benefits combined. It is his 
choice. In this business of politics, it is a business of choices. I 
think it is important for us to reflect for a moment on the 
distribution of those tax cuts proposed by George Bush.
  This was a point raised earlier by Senator Domenici. I am sorry that 
we didn't have a chance to be on the floor together so we could explore 
what we are talking about.
  Who are the people who make the top 1 percent of income in America? 
They turn out to be folks who make more than $319,000 a year. That is 
$25,000 a month. I don't expect people to hold up their hands if they 
happen to be in that category. When you talk about those who need a tax 
cut, does it spring to your mind automatically that this is the first 
group we should care about, that 40 or 50 percent of all the tax cuts 
ought to go to people making over $25,000 a month? Boy, that sure 
doesn't calculate in my mind.
  And the Bush tax cut, the average tax cut for those people making 
over $319,000 a year, is $46,000 a year. That is the Bush tax cut for 
the top 1 percent. You go down to people in the lower income categories 
and you see that it is small change. If you are making less than 
$14,000 a year, George Bush thinks you need a tax cut, too, $42 a year. 
If you are making less than $24,000 a year, it is up to $187 a year; 
under $40,000 a year, $453 a year.
  As you look at this, you have to ask yourself a question: Is it 
really important for Members of Congress to feel the pain of the 
wealthiest people in America or perhaps to identify with a lot of 
middle-income and working families who are struggling with the 
necessities of life?
  I come to this job believing that our responsibility isn't to the 
wealthiest. I think they are doing pretty well. America has been pretty 
prosperous for the last 8 years, more economic prosperity than at any 
time in our history. And it shows. People are living better. They are 
saving more. They are enjoying a better lifestyle. To think they need a 
tax cut at this moment in our history rather than to eliminate the 
national debt, rather than to provide tax cuts for people in lower 
income categories, is beyond me.
  There are some interesting statistics, too, about what has happened 
to Federal tax rates since Bill Clinton and Al Gore took over. There 
was a statement made frequently by Governor Bush that he wants to cap 
the total Federal tax rate at 33.3 percent. He said no one should pay 
more than a third of their income in Federal taxes. That is an 
interesting proposal. But as you get into it, this is what it says. Let 
me give you an idea.
  For middle-income families, since the Clinton-Gore administration 
took office, the total Federal tax rate has dropped to 22.8 percent, 
the lowest rate since 1978. So telling those folks we are not going to 
let your taxes go beyond 33.3 percent, they are already doing well. Tax 
rates are coming down. We want to continue to see them come down with 
more targeted tax cuts. For families with incomes of $24,000, the tax 
rate went from 19.8 percent in 1992 to 14.1 percent in 1999, the lowest 
tax rate since 1968.
  So when the suggestion is made that the Federal tax rate won't be any 
higher than a third for anybody, it really

[[Page 20898]]

goes back to the highest income categories. That is his shorthand 
version of saying: I want to give a tax cut not to working families but 
to people at the highest income categories. What George Bush is 
challenging is basically the idea of a progressive income tax, 
something that we really agreed on almost 80 years ago in America.
  We said, if you are well off and you are doing better, you should pay 
a higher tax rate than people who are struggling to get by. Every 
President has gone along with that from the beginning, Democrats and 
Republicans alike. But the arguments coming from Governor Bush at this 
point suggest he doesn't believe that. He believes we should reduce the 
rate for the wealthiest people in the country and not provide similar 
tax relief for those who are in lower income categories.
  It would be a virtual windfall, in terms of tax benefits, for some of 
the wealthiest people in America. Honest to goodness, should we be on 
the floor of the Senate and in the House dreaming up ways to make Bill 
Gates' life more comfortable? I don't think so. How about Donald Trump? 
I think he is doing okay. I watch the way he dresses and his lifestyle. 
I don't think he will need this $46,000 from George Bush. In fact, if 
he receives it, he may not even notice it.
  When we talk about tax cuts on the Democratic side, we are talking 
about things that working families will definitely notice. Let me give 
you some ideas of the things we have come up with that we think are 
targeted tax cuts consistent with keeping the economy moving forward 
and helping everybody, not just a few. The Republicans criticized 
these, but that is what campaigns are about.
  On the Democratic side we believe the No. 1 concern of working 
families is paying for their children to attend college. You can look 
at kids coming out of college who are $15,000, $20,000 in debt, and 
higher. Parents wonder, for goodness' sakes, how can we save up enough 
for this child to be able to go to college. I did a survey in Illinois. 
Over the last 20 years, college tuition in public and private 
universities in my State has gone up 200 to 400 percent. So it is 
understandable that there would be anxiety among parents as they try to 
think about how they are going to pay for college.
  Well, Vice President Gore and the Democrats have suggested that up to 
$12,000 of college tuition and fees should be deductible on your taxes. 
You can't do that now. We think you should. That would be a helping 
hand to working families who want their kids to go to college and 
acquire the best skills, but they don't want them loaded down with debt 
when they graduate. It is simple, straightforward, honest, and popular. 
I have been across my State, which is split down the middle 
politically. I have yet to run into a crowd that didn't applaud that 
suggestion. They know, either through their kids or their own life's 
experience, that this is the sort of thing that works. I went to 
Rockford College in Rockford, IL, and I asked them, ``What is the 
average indebtedness of your graduates upon graduation?'' They said, 
``It's $20,000 after getting out of school.''
  If the Gore plan for education expense deductions were in place, that 
student would graduate with a debt of $4,000 or $5,000, instead of 
$20,000. And if you have accumulated college debt, you will be able to 
claim a tax credit for the interest that you have to pay on it. So I 
think that is the kind of targeted tax cut that makes more sense, 
rather than giving Bill Gates $46,000 a year, which he won't even 
notice.
  Secondly, a lot of people are concerned about day care. I understand 
now with a grandson--and Senator Reid and I were talking about our 
grandkids earlier. I have a 4-year-old grandson, and my daughter and 
son-in-law are concerned about quality day care and the cost of it. We 
want Alex to have the very best. But it gets expensive. A lot of 
families can't afford the best. So we give a tax credit for day care, 
but it is not adequate. It doesn't meet the need. A lot of families 
struggle and worry. They are hoping that the kids they pick up at the 
end of the day will be better off than when they left them, but they 
are never sure.
  Wouldn't it make more sense for us to have a greater tax credit for 
day care? A lot of working families would applaud that. Kids in a 
better environment have a better chance to be healthy and safe and to 
succeed. So that is a targeted tax cut which has been supported by Vice 
President Gore and supported on the Democratic side.
  A third one relates to long-term care. This is one that virtually all 
of us face as our parents get older and need additional attention. We 
may find, perhaps, that a visiting nurse, or some sort of convalescent 
care, or assisted living situation is the key for happiness for a 
person you love very much, a parent who has given you their entire 
lives. But it is expensive, and there are a lot of out-of-pocket 
expenses involved when a conscientious family cares for an aging parent 
or grandparent.
  As the Democrats have proposed, I think a tax break for those engaged 
in long-term care assistance for their parents and relatives is a 
sensible investment. Today, at a town meeting which we have every 
Thursday--Senator Fitzgerald and I--for visitors from Illinois, a young 
lady talked about her little boy who suffered from autism and how, 
after all of the efforts by the school district and her health 
insurance, she and her husband still had to borrow from relatives and 
take out of pocket to care for their disabled little boy. She said to 
me: Why in the world can't I get help under the Tax Code for that?
  I think she is right. Doesn't it make more sense for us to make sure 
the Tax Code is sensitive to people's real needs in raising their 
families?
  When these folks are making a sacrifice for their children, shouldn't 
we be there to help them along? That is the difference. On the 
Democratic side, we target the tax cuts as I have just described. On 
the Republican side, they say, no, we think the wealthiest top 1 
percent in America should get 42.6 percent of the tax breaks; those 
making over $300,000 a year should get $46,000 a year in tax breaks. 
And, frankly, they disparage our approach as being ``too selective.'' 
Well, it is true; our tax cuts do go for specific purposes, but they 
are purposes with which real families can identify.
  So when the debate started disintegrating into a question about who 
was clearing their throat, or shrugging their shoulders, or glaring at 
whom, I thought there is much more at stake in this election. I hope in 
the closing weeks of the election--and the Vice Presidential debate is 
tonight, and the Presidential candidates will debate on two more 
occasions in the next few weeks--we can get down to business here. I 
think there is a clear choice on so many issues.
  I haven't mentioned prescription drugs, and I would like to do that 
for a moment. There is such a dramatic difference between the approach 
that George Bush proposed for prescription drugs and that by proposed 
by Vice President Gore. Did you know the Bush proposal, in the first 4 
years, would depend on each State enacting a prescription drug benefit? 
That's right. Every single State would have to enact the law and do it 
their own way. That means just a handful of people will be assisted. In 
Illinois, over a million people might qualify for prescription drug 
help, but because of the way the law is written, only 55,000 actually 
do. It is limited to a certain number of diseases and certain drugs. 
Frankly, that doesn't do the job. As a consequence of that, you will 
have a lot of people left behind.
  Governor Bush says for 4 years we will let the States take care of 
it, if they want to. Some States already have prescription drug benefit 
plans. Illinois is one of them, but Texas is not. So the State of 
Texas, where he is Governor, hasn't even enacted a prescription drug 
benefit plan. And now George Bush says we will leave it up to the 
States and they can show the initiative and leadership when it comes to 
prescription drugs for 4 years. Then, at the end of 4 years, things get 
very interesting under Governor Bush's plan. It is at that point he 
says we will take it away from the Governors in the States and put it 
in the loving and caring

[[Page 20899]]

arms of a group which we know America trusts the most--insurance 
companies. Insurance companies.
  So the decisions on the prescription drugs won't be made by doctors, 
nurses, or health care professionals. Once again, they will be made by 
clerks at insurance companies, who will decide which drugs they are 
going to put in their formulary, their accepted prescription drugs, and 
which ones they will not. They will decide the premiums and how much 
the copay will be. You will decide on your own how much help you will 
get. If you happen to be making a certain amount of money, you may not 
qualify for any assistance whatsoever. That is the George Bush plan. 
That is his approach. He says it gives you maximum choice. You get to 
pick your own insurance company. What a break. Then your insurance 
companies get to pick the drugs which you may be allowed to take.
  Contrast that with the Democratic plan, supported by Al Gore. He says 
this ought to be a voluntary universal plan under Medicare. There is 
your choice. The private insurance companies versus Medicare. That is 
the choice I think a lot of people don't understand is really before us 
in this Presidential election. Gore believes in a prescription drug 
benefit under Medicare that is universal, voluntary, and available for 
everybody. Bush says to first give it to the States, let them work with 
it for a while, and then give it to the insurance companies and let 
them take it over. That is the choice. It is no choice at all. Under 
the Gore plan, the Medicare prescription drug benefit plan, your doctor 
will be prescribing your drugs. Medicare will help you pay for them. 
Under the Bush plan, the health insurance company will decide which 
drugs you can apply for and how much you pay in premiums.
  I don't think that is much of a choice. I think back to 1965 when I 
was a student. I can remember the debate under Medicare. The 
Republicans opposed the creation of Medicare. It was Lyndon Johnson's 
idea that they called socialistic, the Great Society, so forth and so 
on.
  Look at where we are today, 35 years later: A health insurance plan 
for the elderly and disabled which has lengthened the lifespan of 
senior citizens and which has brought dignity and independence to their 
lives. Medicare is a system they trust. When Al Gore suggests that 
prescription drug benefits should be under Medicare, seniors say: We 
feel at home with Medicare. We know how it works.
  Do seniors who voluntarily sign up have to pay a premium? Of course, 
they pay for Medicare now. It is understandable. They will be making a 
monthly payment. But look at the peace of mind they buy for $50 a 
month. They realize there is a maximum amount they will have to pay 
each year for prescription drugs. If a medical catastrophe comes along, 
they know they are not out on a limb and unable to fill those 
prescriptions if they need to.
  When it comes to tax cuts and prescription drug benefits, what a 
clear contrast between the two candidates for President of the United 
States. Elections are about choices.
  Many of our friends on the Republican side of the aisle, frankly, who 
didn't have much of an inclination toward these issues are now 
discovering these issues. They are now newfound converts to the idea of 
prescription drug benefits. They have come up with a plan, which is 
interesting, about the reimportation of drugs after they have been sent 
overseas. You know a lot of drugs made in the United States go to other 
countries and they are sold for a fraction of the cost. The question 
is, can you bring them back into the country, buy them at a fraction of 
the cost in Canada and Mexico, and bring them back in the United 
States? I support it.
  It really shows how far this system has disintegrated when the drug 
companies sell drugs in Canada for a fraction of what they cost 
consumers in the United States, where the drugs were developed with 
taxpayers' money through the NIH and inspection by the FDA and others.
  This reimportation of drugs from other countries, as appealing as it 
sounds, can't possibly solve the problem. It is impossible to believe 
that American drug companies will just be shifting drugs overseas on a 
wholesale basis and expect Americans to import them back into the 
United States. At some point, they will slow down the sales overseas 
and they will take control of the situation.
  The only real answer for a prescription drug benefit under Medicare 
is for the Medicare system to bargain with the drug companies for 
reasonable prices and costs for these drugs. That is really a key issue 
in this campaign and a key difference between the two candidates.
  I know this is likely to come out tonight in the debate between our 
colleague, Senator Joe Lieberman, and the former Secretary of Defense, 
Mr. Cheney. But I don't believe this is the end of the debate. I think 
it will continue on the Senate and House floor in the closing days and 
weeks of this session. Ultimately, the American people will be the 
judge. We have asked the American people in many polls which approach 
they prefer, and they say, hands down, that the Democrats understand 
Medicare, understand prescription drug benefits, and understand how to 
bring tax cuts that work for working families so that prosperity is 
there for everyone and not just a few.
  (Mr. SMITH of Oregon assumed the chair.)
  Mr. REID. Mr. President, before the Senator yields, may I ask the 
Senator a question? Did he say the top 1 percent of the people in the 
Bush tax cut get almost 50 percent of all the benefits?
  Mr. DURBIN. That is correct.
  Mr. REID. Did the Senator also say there are a number of converts 
during the last few months on issues that we have developed? Take, for 
example, the Patients' Bill of Rights. Isn't it true that in this body, 
on a straight party-line vote, there was a Patients' Bill of Rights in 
name only? The majority, the Republicans, passed a Patients' Bill of 
Rights. But is the Senator aware of what is in the Republicans' 
Patients' Bill of Rights that is good for the American people?
  Mr. DURBIN. I can respond in this regard. I know the Republican so-
called Patients' Bill of Rights was so good that the insurance 
companies approved of it and embraced it and endorsed it. Frankly, it 
is supposed to be a law that protects consumers against the excessive 
attitude and conduct of these insurance companies. Excuse me if I am 
skeptical, but this bill is endorsed by the lobby that is supposed to 
be fighting for the Patients' Bill of Rights. I smell a rat. Maybe I 
shouldn't use that term in light of the political campaign that is 
going on. I suggest perhaps that it not a real Patients' Bill of 
Rights.
  Mr. REID. Is the Senator also aware that a Republican Member of the 
House of Representatives, a medical doctor from the State of Iowa, who 
looked at the bill we passed in the Senate, which the Republicans 
passed over objection, denigrated that bill? I repeat: Is the Senator 
aware that a Republican House Member from Iowa who is a medical doctor 
has stated that the bill passed out of here by the Republicans is bad?
  Mr. DURBIN. That is Congressman Ganske of Iowa. There was a 
bipartisan coalition in the House that endorsed the Democratic bill, 
the one that really works, the only one endorsed by virtually every 
medical group in America that understands patients ought to have the 
benefit of a doctor's judgment, not an insurance company's judgment, 
when it comes to critical health care.
  They have created their own Trojan horse, this phony bill on the 
Patients' Bill of Rights. Honestly, I think the American people are 
going to see through it.
  Mr. REID. I say to my friend from Illinois that it is possible to do 
work around here on a bipartisan fashion. That was demonstrated by 
Congressman Norwood, a Republican, and Congressman Dingell, a Democrat. 
Congressman Dingell is not a medical doctor. It is a good bill. Does 
the Senator agree?
  Mr. DURBIN. It is a good bill. It is almost identical to the bill the 
Democrats had in the Senate.
  I think the Senator from Nevada is also aware that we now have a new

[[Page 20900]]

Member in the Senate from the State of Georgia who is committed to 
supporting our bill. We are now at a point where we believe that bill 
could pass.
  Mr. REID. Is the Senator aware that we have not been allowed, through 
parliamentary maneuvers over here, to have a vote on the Patients' Bill 
of Rights? But we now have, obviously, a new Member who will vote in 
favor of it.
  Mr. DURBIN. The Republican leadership in the Senate doesn't want to 
allow a vote on the Democratic Patients' Bill of Rights, almost the 
identical bill that passed in the House, because they know it would 
pass and it would be an embarrassment to them. The Democrats would win 
that battle. I don't think the people at home care whether the 
Democrats win or the Republicans win. They want families to win. This 
is an example where families would win, where you could have 
protection.
  Let me give an example. I am sure the Senator is well aware of this. 
If a woman in the course of a pregnancy is going to her obstetrician, 
and because there is a change of insurance companies at her employment, 
she is asked to go to a different HMO, we provide that she can continue 
with the same doctor's care, in whom she has confidence, through the 
completion of her pregnancy. I think it is common sense and good 
medical judgment. I think both sides could agree on it. That is part of 
our Patients' Bill of Rights.
  It says if you are going to the emergency room with a child, you 
don't have to check in the glove compartment, pull out the insurance 
policy, and go through it page by page to get the right hospital. It 
says if somebody at an insurance company makes a wrong decision and you 
lose your life or your health, they can be held accountable, as every 
business and person in America is held accountable.
  Those are some basics in the Democrats' Patients' Bill of Rights. The 
Republican leadership does not want that issue to come to the floor 
because they now know we have the votes to pass it. They have blocked 
us every step of the way.
  Mr. REID. Is the Senator also aware--which I am certain he is, but I 
would like to hear his response--that the Democrats' Patients' Bill of 
Rights is something unusual as far as this Senator is concerned, 
because we have the support of literally every organization in America: 
the AMA and the American Bar Association? I can't remember these two 
organizations ever agreeing on anything. Virtually the only 
organization that opposes this legislation is a health insurance 
company.
  Does the Senator acknowledge that?
  Mr. DURBIN. That is the reason a Patients' Bill of Rights hasn't 
passed in the Senate. It is not a question of what is right and 
popular, what the people want, and what health care professionals say 
will be best for the future of health care. It is a question of 
political muscle. The insurance companies have more political muscle in 
the Senate. They have stopped us from bringing this bill to the floor 
for a vote.
  Shortly we will adjourn and go home with a lot of unfinished 
business. This is one of them. We came this close to doing it, but the 
Republican leadership said: No, we are not going to allow the Patients' 
Bill of Rights to come to the floor for a vote. That is an illustration 
of their insensitivity to what people in this country really care 
about: good health care. This Congress has not responded to it. In many 
respects, this Congress couldn't care less. That is sad because it is 
our responsibility, as representatives of the people of the States who 
elect us to listen to their needs and to respond to them. We have been 
totally unresponsive because of the efforts of the Republican 
leadership.
  Mr. REID. If the Senator would also answer this question; it was 
brought up indirectly by the Senator's last statement. One of the 
things we have not done here is do something about campaign finance 
reform. As we are talking all over America, there are 30-second and 1-
minute spots being run by this group, that group, the Democratic Party, 
Republican Party, and independent groups. The American public is 
beginning to get almost punch drunk as to who is advertising what.
  Does the Senator think it would be one of the most important things 
we could do as a body and as a Congress to get this campaign finance 
problem under control, such as getting rid of soft money? Does the 
Senator think it would help the body politic to have campaign finance 
reform? We have been prevented from this by the majority.
  Mr. DURBIN. The Senator is right. The efforts of our colleague, 
Senator Russ Feingold, and Republican Senator John McCain are well 
documented. Al Gore has said: As President, the first bill we will send 
the Congress is the McCain-Feingold campaign finance reform. The first 
bill he will accept is a bipartisan bill to deal with campaign finance 
reform.
  If we cannot come to grips with the abuses of the campaign finance 
system, several things will occur. The special interest groups, which 
rule the corridors of Congress and continue to rule the campaigns, will 
set the agenda; and secondly, many good men and women will continue to 
refuse to get into this business because they don't want to mess with 
multimillion-dollar campaigns, these attack ads that come from every 
direction, and the attacks on personal lives and reputation which have 
become so commonplace in negative campaigning.
  It is interesting to me we have a bill so clearly bipartisan. The 
Republican Senator, John McCain, was very popular as a Republican 
candidate for President. In fact, he carried a few States in the 
Republican Presidential primary. Yet we can't even get that bill to the 
floor for a vote in a Senate that is controlled by the Republican 
Party.
  I think the American people see through this. I think they understand 
that this is not a fight over the Bill of Rights, it is a fight over 
the rights of Americans to be well represented.
  Mr. REID. I say we need more people like the Presiding Officer. He 
has joined with us in many bipartisan matters. I hope the conversation 
we have had today does not in any way reflect upon the Senator from 
Oregon, who has worked with us on a number of issues. I am sure it has 
caused him a problem on the other side of the aisle.
  The reason I mention that is everyone thinks McCain-Feingold is a 
bipartisan bill, and it is, in the sense that John McCain has stepped 
way forward on this to talk about the need for campaign finance reform. 
But the people willing to help him on the other side of the aisle, the 
majority of them, are few and far between.
  On a number of issues we have talked about today, with rare 
exception, the Senator from Oregon has been willing to join in a 
bipartisan fashion to pass legislation. As my friend from Illinois has 
said, it is possible we could do this. All we have to do is what is 
right for the American people and get rid of these very high-pressure 
lobbying efforts--for example, the health insurance industry, which is 
preventing us from moving forward on something like a Patients' Bill of 
Rights.
  Mr. DURBIN. At this point, I acknowledge my colleague, Senator 
Fitzgerald of Illinois, who also voted for the Patients' Bill of 
Rights. He has publicly stated he thinks it is the best approach. I 
think it takes extraordinary courage sometimes to break from your party 
on these issues.
  The presiding Senator from Oregon has showed exceptional leadership 
and courage on the hate crimes issue. This was not an easy issue, I am 
sure, for him; it was not for any of us. He stood up on that issue. I 
will remember that for a long time. It was exceptional. We want to make 
sure we continue in that bipartisan spirit. I hope even in the closing 
days we might reach out and find some bipartisan common ground to deal 
with some of these important issues.
  I see some of my colleagues have come to the floor, and they have 
been very patient in waiting for me to finish my remarks. I yield the 
floor.
  Mr. REID. Mr. President, what is the parliamentary order before the 
Senate?
  The PRESIDING OFFICER. We are in morning business. Senators are 
permitted to speak for up to 10 minutes.

[[Page 20901]]

  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, I am following up on the Presidential 
debates of the other evening. I was thinking about what Governor Bush 
was saying about his Medicare plan. He was referring to Vice President 
Gore and saying: You are engaging in ``Mediscare''--``Mediscare.'' You 
are trying to scare the seniors.
  The more I have looked at Governor Bush's Medicare proposal for 
prescription drugs, I have come to the conclusion that if his plan ever 
comes into effect, the senior citizens in this country ought to be 
scared. They ought to be scared about this.
  Here is the difference between what Vice President Gore wants in 
terms of prescription drugs and what Governor Bush wants. In my right 
hand I have a Medicare card. Under the prescription drug policies of 
Vice President Gore, this is all you need to get your prescription 
drug. You have a Medicare card, you go to your doctor, he prescribes 
the drugs, you go to your local pharmacy, and you get your drugs 
filled. That is all you need--your Medicare card.
  Under the Bush proposal, which goes out to the States, they have to 
pass legislation, and if you make over $14,600 a year, you get nothing. 
So in order to qualify for prescription drugs under the plan advocated 
by Governor Bush, you would basically have to meet all of the 
requirements for Medicaid in terms of showing your income, assets, 
everything else.
  I want to put together the sheaf of papers you would have to fill out 
if you were an elderly person and you wanted to get prescription drugs 
under the Bush plan. This is what you would fill out. It looks like 
about 40 pages of paperwork. First of all is the tax return. You have 
to take that in and show them how much you made. Then you have to do 
all the documents, including instructions, applications, certificates, 
estate recovery--of course, if you have some estate and you have some 
assets. There is an insurance questionnaire. This is the type of 
paperwork you would be faced with under the Bush proposal.
  Under the Gore proposal: One simple Medicare card.
  I sum it up by saying what the seniors of this country want is 
Medicare; they don't want welfare. That is exactly what Governor Bush 
is proposing in his Medicare prescription drug proposal.

                          ____________________



                               JUDGESHIPS

  Mr. HARKIN. Mr. President, an issue I will be talking about every day 
is the issue of judgeships and the fact that we still have our judges 
bottled up, especially Bonnie Campbell, who has now been waiting 217 
days to be reported out of the committee. Yet we just had some judges 
approved this week who were nominated in July, had their hearing in 
July. They were approved. But Bonnie Campbell still sits in the 
Judiciary Committee.
  It is not right, it is not fair to her, it is not fair for our 
judicial system. Bonnie Campbell has all of the qualifications to be a 
judge on the Eighth Circuit. A former attorney general of Iowa, she did 
an outstanding job there. Since 1995, she has been the first and only 
director of the Office of Violence Against Women in the Department of 
Justice which was created by the Violence Against Women Act of 1994. 
Again, she has done an outstanding job.
  There has been some good news. During that period of time, domestic 
violence against women, in fact, has decreased. But the facts are we 
have a long way to go. In 1998, American women were the victims of 
876,340 acts of domestic violence. Domestic violence accounted for 22 
percent of violent crimes against women. During those same years, 
children under 12 lived in 43 percent of the households where domestic 
violence occurred.
  We have to reauthorize the Violence Against Women Act. Last week, the 
House passed by 415-3 the reauthorization of the Violence Against Women 
Act. Again, I doubt they would have passed it so overwhelmingly if its 
only person charged with enforcing that law had done a bad job in 
running the office. I did not hear one comment on the House floor, nor 
have I heard one here, that in any way indicates that Bonnie Campbell 
did not do an outstanding job as head of that office. She did do an 
outstanding job and everyone knows she did. So now we're hearing that 
the Violence Against Women Act will be attached to something else and 
pass the Senate that way.
  Yet perhaps the one person in this country who understands this issue 
and this law better than anyone else is Bonnie J. Campbell, who has 
directed that office for the last 5 years. We need people on the courts 
and on the bench who understand that law and can apply it fairly across 
our Nation. That is why we need Bonnie Campbell on the Eighth Circuit.
  Right now we have quite a lack of women serving on our circuit 
courts. Frankly, the number of women on our circuit courts is 
appalling. We need more women on our circuit courts. And we need to 
confirm them here. Of the 148 circuit judges, only 33 are women--22 
percent. That, in itself, is scandalous.
  Bonnie Campbell should be added to that list.
  Again, it doesn't seem right that Bonnie Campbell would get a hearing 
back in May and then remain bottled up in Committe. Lets go back to the 
presidential term of George Bush. During that time, every single 
district and circuit nominee who got a hearing--got a vote in 
Committee. And all but one got a vote on the Senate floor.
  Yet we are not allowed to vote on Bonnie Campbell's nomination on the 
floor. So as I said, it is not fair to her. It is not fair to the 
judicial system. It is not fair to the advise and consent clause of the 
Constitution to hold her up.
  Mr. President, I will again, today, as I will do every day, ask 
unanimous consent to discharge the Judiciary Committee of further 
consideration of this nomination.
  Mr. President, I ask unanimous consent to discharge the Judiciary 
Committee from further consideration of the nomination of Bonnie 
Campbell, the nominee for the Eighth Circuit Court, that her nomination 
be considered by the Senate immediately following the conclusion of 
action on the pending matter, that the debate on the nomination be 
limited to 2 hours equally divided and a vote on her nomination occur 
immediately following the use or yielding back of that time.
  The PRESIDING OFFICER (Mr. Smith of Oregon). Is there objection?
  Mr. MACK. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. HARKIN. Mr. President, again, every day I will come out and ask 
unanimous consent to get Bonnie Campbell's name out of the committee 
and on the floor for a vote. Yet the objections come from the 
Republican side of the aisle. Why, I don't know. As I said, no one has 
said she's not qualified. If someone wants to vote against her to be on 
the Eighth Circuit, that is that Senator's right--obligation, if it is 
a vote he or she feels in conscience that he or she must cast. But, 
again, I say, give her a vote.
  The PRESIDING OFFICER. The 10 minutes of the Senator has expired.
  Mr. HARKIN. I ask unanimous consent to wrap it up in about 2 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. So it only seems fair and right we bring her out here and 
have a vote. If people want to vote one way or the other, that is fine. 
But it is not fair, 217 days.
  I will end my comments again by saying the standard bearer of the 
Republican Party, Governor Bush of Texas, has stated there ought to be 
a 60-day deadline on judge nominations, in other words 60 days from the 
day nominated to the time they get a vote in the Senate. I endorse 
that. Bonnie Campbell has been sitting there 217 days. Let's bring her 
out for a vote.
  I will yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.

                          ____________________



                               ECONOMICS

  Mr. MACK. Mr. President, as my colleagues know, I will be leaving the 
Senate at the end of my term. I want to

[[Page 20902]]

put a few thoughts on the record over the next few days, depending on 
the time available.
  I have four grandchildren--three grandsons and one granddaughter--
Ronnie Elam, Brett Elam, Blake Caldwell, and Addison McGillicuddy. The 
comments I am going to make today really are from the perspective of 
thinking about them and their future and the desire to see that they 
will grow up in a country and in a world where their opportunities will 
be equal to, if not better than, those of their parents, their 
grandparents, and their great-grandparents. I want them to have a 
better understanding when they reach that point when they have their 
own families.
  As people look back on the last several decades of the 20th century, 
I want, at least from my perspective, to be able to put on the record 
what I believe happened from both an economic and foreign policy 
perspective, and from a national security perspective. So that is what 
my comments will reflect today, my thoughts with respect to economics 
primarily and some that will reflect my feelings with respect to 
national defense.
  So I would like to talk about economics, a topic that has been one of 
my passions as a Member of the Congress. Economic policy was the very 
reason I ran for the House of Representatives back in 1982. As many of 
us may recall, our country remained in a deep recession at the time, 
still struggling to recover from the economic policies of the 1970s. 
Although it was still being phased in, President Reagan's economic 
program was under attack by our friends across the aisle. But, to me, 
the Reagan economic program was a bold reaffirmation of the very 
purpose of America.
  Many people have noted the happy coincidence that the year 1776 saw 
the publication of two of the most important documents in world 
history, Adam Smith's ``Wealth Of Nations'' and Thomas Jefferson's 
Declaration of Independence. These works share the theme of freedom. 
Smith made the case for free trade and unfettered markets, as Jefferson 
put in words the concept that government exists to protect individual 
liberty.
  These documents rebutted, refined, and transcended the prevailing 
views of 1776 Great Britain. For over a century, these principles held 
firm and the United States stood tall as a beacon of hope and 
opportunity for people from all points on the globe.
  Ours was a society without a rigid class structure, a society that 
promised equal opportunity for all based on individual enterprise and 
hard work, not government privileges and connections. America had no 
large bureaucracies intruding upon every sphere of commercial life. We 
relied on the willingness of individuals to shoulder the risk and 
responsibility that is part and parcel of private enterprise.
  But this distinctly American way was challenged by two worldwide 
crises in the 20th century. First came the Great Depression. Although 
gross government mismanagement of the money supply and 
counterproductive trade policies were the cause of this crisis, 
government was put forward as the cure. This led to the proliferation 
of alphabet agencies seeking to steer every aspect of the American 
economy, as government assumed a new income redistribution role.
  The second crisis was the rise of totalitarianism on the European 
Continent. The United States won World War II, but in the process of 
saving Europe from one brand of tyranny, an equally evil force came to 
occupy half of Europe, and the war effort was used as the justification 
for price controls and economic intervention that was unprecedented in 
the United States.
  The welfare state in America grew by leaps and bounds. Once it was 
conceded that the Government is the guarantor of income, each 
successive call for new and bigger programs became harder and harder to 
resist. At the same time, the consolidation of the Soviet bloc 
presented the largest threat to freedom in human history, presenting 
new and costly challenges for America as the beacon of freedom. 
Exaggerations of Soviet economic success fueled the call for greater 
Government involvement in the U.S. economy. Over time, high tax rates 
and regulatory excesses accumulated like barnacles to slow the once 
mighty ship of American private enterprise.
  It is hard for younger Americans to imagine how bleak our Nation's 
prospects appeared before Reagan assumed the Presidency. Recurrent, 
simultaneous bouts of high unemployment and high inflation confounded 
most economists, who viewed the two as a tradeoff. It was thought that 
to reduce unemployment you had to accept inflation and to reduce 
inflation you had to accept higher unemployment. Producers and 
consumers suffered from an energy crisis. And real household incomes 
were shrinking as fast as ``bracket creep'' was raising everyone's tax 
bill year after year. The response of the incumbent administration was 
hardly inspiring--ranging from suggesting ``voluntary'' wage and price 
controls to preaching that we must learn to live within limits. In 
short, the American establishment was telling the American people to 
accept the notion that they no longer controlled their own economic 
destinies.
  Starting in the 1970s, the media aggressively advanced the notion 
popular in intellectual circles that America's free enterprise system 
was failing. This view persisted through the 1980s. The best-seller 
lists were crowded with books telling of the decline of America and 
predicting that Japan would be the economic juggernaut of the 21st 
century. Even in the 1992 campaign, Bill Clinton and Al Gore were 
extolling the virtues of the European economic systems, of social 
democracy and industrial planning. We hear echoes of this approach 
today, with candidate Al Gore's Government-knows-best mentality. Gore 
proposes to micromanage and fine-tune the economy, social engineering 
through tax credits designed to make people behave the way the 
Washington bureaucrats want them to--such as buying ``fuel-efficient'' 
eighteen-wheeler trucks.
  Ronald Reagan's ``Program for Economic Recovery'' was the opposite of 
the Government planning approach advocated by the critics of 
capitalism. Reagan rejected the idea that policymakers could fine-tune 
the economy, much less control it from Washington. Instead, he sought 
to establish a stable environment conducive to economic growth. This 
meant getting inflation under control, and reducing taxes, regulation, 
and the size and scope of Government. It meant restoring the incentives 
for working, saving, investing, and succeeding. It meant opening 
America to the benefits and challenges of international trade.
  Ronald Reagan's economic principles resonated within me. I had seen 
first-hand the obvious connection between the expansion of Government 
and our worsening economic performance. When I started in the banking 
business in 1966, I probably spent 90 to 95 percent of my time engaged 
in activities that I considered productive--designing new services to 
attract business, working to increase the market share and 
profitability of the bank. The rest involved Government paperwork. By 
the time I left in 1982, this ratio had completely flipped: I was 
spending 85 to 90 percent of my time trying to figure out how to comply 
with Government regulations and mandates. There was a constant stream 
of letters from the Government dictating how we should manage our 
business, from the Comptroller of the Currency, the Treasury, the FDIC, 
and the Federal Reserve, on topics ranging from flood insurance to so-
called truth-in-lending. I remember a letter that went so far as to 
tell us the specific temperatures to set our heating and cooling 
thermostats in our businesses. Some people may have forgotten this 
level of Government intrusion.
  In fact, others may believe it never could happen in a country such 
as America, but it has. It has happened before, and if we are not 
vigilant, it could happen again.
  I received a letter from Federal Reserve Chairman Paul Volcker 
detailing which types of loans we could and could not make. To make the 
example, I could lend a family money to add an additional bedroom to 
their home. If

[[Page 20903]]

that same family wanted to add a swimming pool to their home, I was 
prohibited from making that loan.
  To some, this may have made sense if you believed that the Government 
should be managing consumer demand, but that role made no sense to me.
  With my experience in the banking business, it wasn't hard to 
understand why we as a nation were having difficulty competing around 
the globe, when we had moved so many of our resources away from 
productive activities and into trying to comply with Government 
regulations. Over the years I had come to realize that all the abstract 
Keynesian theories I was taught in college ignored how the choices and 
incentives of individuals are altered by government interference in the 
economy. By failing to account for the real world, those theories in 
practice had come pretty close to ruining the economy. But along came 
Ronald Reagan, with a common sense approach that went back to basics--
free markets, free enterprise, free trade. Here was a man who had 
recognized that big Government was a detriment to the economy, a man 
who approached things from the perspective of freedom as opposed to 
Government. I shared that perspective and recognized the importance of 
President Reagan's election. On election night, November 4, 1980, I 
knew that I had to get involved in this great campaign to restore 
freedom--but I would have never guessed that, two decades later, I 
would be standing here in the United States Senate.
  Ronald Reagan clearly saw that the problem was too much government, 
and the solution was more individual freedom. When he assumed the 
Presidency, we suffered from high inflation and high unemployment. To 
combat the first, he prescribed reigning in the rapid growth of the 
money supply, asking the Fed to minimize the damage to the economy 
caused by high and volatile inflation. The second problem required deep 
cuts in the high tax rates that were deterring work, saving, and 
investment. But the Fed delivered tight money a lot sooner than the 
Congress could deliver the tax cuts, which were phased-in over 3 years. 
The Fed had overreacted to the stimulus of tax cuts that had not yet 
arrived, exacerbating the economic downtown, throwing the budget 
seriously out of balance, and putting the third year of the Reagan tax 
rate reductions in jeopardy.
  In the recession of the early 1980s, the economic policies of 
President Reagan that inspired me to public service came under attack. 
In the now famous ``Stay the Course'' campaign of 1982, the President's 
party retained control of the Senate, minimized losses in the House 
despite the dire economic times, and preserved the Reagan economic 
program. We also kept on track President Reagan's defense policies, 
which were under attack from short-sighted critics who were unwilling 
to pay the price to ensure our freedom. I am proud that my first 
campaign was in that fateful year, when President Reagan's detractors 
stood a chance of putting his programs in jeopardy and I was able to 
make a stand in favor of his programs.
  As I mentioned, the Reagan economic program was my inspiration to run 
for office. As a freshman, I cut my teeth in the House by circulating a 
letter vowing support for the President's veto of any bill that 
tampered with the third year of the tax cuts. After I obtained the 146 
signatures necessary to sustain a veto, that threat disappeared, and 
the Kemp-Roth tax cuts were allowed to work. President Reagan's most 
dramatic policy change was without a doubt this supply-side tax cut. It 
seems also inconceivable today that just two decades ago, marginal 
income tax rates were as high as 70 percent in the United States. It 
was little wonder that our country was in economic decline, when its 
most economically productive citizens could keep only a 30 percent 
share of their additional earnings. These high tax rates not only 
discouraged additional work and investment at the margin, but also 
confiscated capital that could have been used for job creation by the 
private sector.
  By cutting income tax rates by 30 percent across-the-board, Reagan 
restored a large measure of freedom to the American taxpayer--not just 
the freedom to spend money that would have been taxed away, but the 
freedom that results when economic decisions are no longer influenced 
by high tax rates. It was not about the dollars that would have been 
collected had tax rates stayed high, but the choices that would never 
have been made because of these high rates--decisions to expand plant 
capacities or start new businesses, for instance.
  President Reagan entered the White House with one paramount spending 
goal: to rebuild our national defense, since national security is the 
most fundamental responsibility of the Federal Government. He realized 
that to provide this desperately needed public good, while cutting tax 
rates to unleash the productive forces of the nation, required fiscal 
restraint in the non-defense portion of the Federal budget.
  The difficulties that President Reagan had in taming the 
congressional urge to spend made a balanced budget and tax limitation 
amendment to the Constitution one of my top priorities when I entered 
Congress. It also motivated me to be the main House sponsor, along with 
Dick Cheney, of the Gramm-Rudman Deficit Reduction Act, which worked 
for at least a few years to hold spending down. Today, as much as ever, 
I believe some super majority restriction on the ability of Members of 
Congress to spend taxpayers' dollars is necessary. Unless taxes are cut 
to keep the revenues from flowing into Washington, the trillions of 
dollars of surpluses that are projected over the next decade will not 
last--if the taxes are collected, Congress will spend them.
  Reagan also initiated a sea change in monetary policy. He did not 
want the Federal Reserve to manipulate the money supply in an attempt 
to target interest or unemployment rates. All he wanted was price 
stability, the elimination of high levels of inflation from the 
economy. The Fed should not be responsible for the level of growth in 
the economy--this is the role of the private sector. The best economic 
environment that the Fed can provide is one in which inflation 
expectations play a small or almost nonexistent role in long-term 
planning. Reagan's appointees to the Federal Reserve Board, people like 
Alan Greenspan, Preston Martin, Manley Johnson, Martha Seger, and Wayne 
Angell, shared this view and took politics out of monetary policy.
  Throughout the Reagan years, the loudest and strongest advocate of 
stable prices in the Congress was Jack Kemp. Jack would talk tirelessly 
about the need for ``a dollar as good as gold,'' and his intellectual 
and political support for this position no doubt influenced President 
Reagan's selection of Greenspan as Fed Chairman. Alan Greenspan 
continues to hold sway at the Federal Reserve as part of the Reagan 
legacy, and his record at containing inflation has set a high standard. 
As a member of the Senate Banking Committee I have attempted to 
institutionalize this approach to monetary policy, sponsoring a bill 
that would make price stability, not economic growth or 
``stabilization,'' the goal of the Federal Reserve. Thanks to the 
monetary policy initiated by President Reagan, this legislation is now 
a safeguard rather than a necessity.
  The prevailing attitude concerning trade has also shifted, thanks to 
President Reagan--who recognized the fallacy of protectionism. In large 
part, this was due to his belief in competition and free enterprise. 
But his attitude was also shaped by his confidence in America. He was 
neither afraid of foreign competition, nor embarrassed that imports 
might be preferred over American goods. America, as a nation of 
immigrants, represents the best that the world can offer. More than any 
consumer good, the main export of America must be the ideal of 
political and economic freedom, an ideal that is undercut by trade 
restrictions.
  By signing a free trade agreement with Canada, opening free trade 
negotiations with Mexico, and proposing the dismantling of agricultural 
trade

[[Page 20904]]

barriers in the Uruguay Round of the GATT, Ronald Reagan went on the 
offensive for trade liberalization. At a time when Japan-bashing was 
commonplace--when Members of Congress were literally bashing Japanese-
made electronics into pieces on the steps of the Capitol--Reagan did 
not retreat from his basic free-trade principles. The remarkable 
success of U.S. industries from computers, semiconductors, software, 
biotechnology and many others over the past 2 decades has vindicated 
Reagan's belief that American business prospers best in an open and 
competitive free enterprise environment.
  Today, principally as a result of the supply-side policies pursued by 
the Reagan administration, the U.S. economy is healthy. Both inflation 
and unemployment are low. Productivity is growing rapidly and incomes 
are rising.
  Any doubts that President Reagan is responsible for today's bounty 
should be dispelled by considering a few fundamental questions. Would 
American economic growth be as robust today if the Federal Government 
still took 70 cents of every additional dollar of income from our most 
productive citizens? If the typical family was hit with a 49 percent 
Federal income tax rate on top of an effective payroll tax rate of 14.2 
percent?
  Would our economy be so strong if we were still suffering from 
double-digit inflation and interest rates, due to the politicized use 
of monetary policy to manipulate consumer demand? If the trend of the 
last 2 decades were toward managed trade, rather than freer trade? 
Would entrepreneurs and innovators abound if high inflation and high 
tax rates on capital gains slashed the returns to their risk-taking?
  Would the Soviet Empire have fallen if it had not been for the 
military buildup, diplomatic leadership, and resolute defense of 
freedom during the presidency of Ronald Reagan? Would our country be as 
secure as it is today if instead of trading partners, the people of 
Eastern and Central Europe were still prisoners of the Soviet bloc? If 
our fellow Americans south of our border were still the potential 
victims of imported totalitarianism instead of full participants in 
established democracies?
  Our debt to Ronald Reagan reminds me of an exchange mission I once 
went on, with Tom Foley and Dick Cheney.
  It was a congressional delegation that went to France in 1985. On 
that trip, we spent most of our time in Paris. But for the last several 
days, we went out to the French countryside. I went to a little town 
called Le Mans, where I traveled around with my host, Francois, from 
that district. I learned a lot about what his country was experiencing.
  At the end of that tour, we did what many of us would refer to as an 
old-fashioned town meeting, where I responded to questions from the 
French audience for almost 2 hours. At the end of the period, I asked 
Francois if it would be all right if I were to ask the audience a 
question. And he was gracious in my request, and I asked them: Since I 
am returning to America tomorrow, I would like to be able to tell other 
people of the State of Florida what you think about our country.
  The first person stood up and said: ``We think of America as a 
dynamic, growing, thriving, exciting place.'' A second person that 
stood up said basically the same thing. The third person to address me 
was a fellow who probably was in his late 70's or early 80's. This 
fellow was stooped over, his weight being supported precariously on an 
old, gnarled cane. He came over closer to me, looked me directly in the 
eyes, and said: ``You tell the people of America that we will never 
forget that it was the American G.I. who saved our little town. You 
tell them we'll never forget!''
  Well, I feel that way about Ronald Reagan, my political hero, who 
inspired me to enter politics. America will never forget what President 
Reagan did for us. He gave us back our faith and renewed our belief in 
this country. He gave America back its pride. He rebuilt America's 
defenses. His economic policies reduced taxes, reduced inflation, 
reduced unemployment. He put America back to work again. He reminded 
America what made us a great nation--our commitment to freedom. And he 
won the cold war without firing a single shot.
  The citizens of America and the people of the world will never 
forget.
  Mr. President, I yield the floor.

                          ____________________



                    RETIREMENT OF CHARLES A. GILLIS

  Mr. LOTT. Mr. President, I would like to acknowledge the upcoming 
retirement of Mr. Charles A. Gillis, who will retire on October 20, 
2000, as Branch Manager of the Gulfport Branch Office, United States 
Small Business Administration (SBA). I know that I am joined by the 
entire business community of South Mississippi, Charlie's colleagues at 
the SBA, and all those who have had the privilege of interacting with 
him over the years.
  I especially want to thank Charlie for a long career of completely 
devoted service to his community, the State of Mississippi, and this 
Nation. I have known Charlie for many years and have seen firsthand the 
substantial impact his extensive knowledge and business expertise have 
had on countless small businesses and the local economy of Southern 
Mississippi.
  Charles Gillis' ties to the Gulf Coast run deep, as does his record 
of service and achievement. He is a life-long resident of Harrison 
County and a graduate of Gulfport High School. Charlie served in the 
First Cavalry Division in Korea in 1951. He received his Bachelor of 
Arts in Business Administration from the University of Southern 
Mississippi (USM), and later completed additional graduate studies in 
business at the USM-Gulf Park Campus.
  Prior to serving with the SBA, Charlie was a small business 
entrepreneur in his own right, as owner and operator of Gillis 
Furniture in Gulfport. Moreover, Charlie served as a furniture 
manufacturers representative with regular travel assignments covering 
five states. Throughout his private sector career, Charlie honed the 
business skills that later made him such an invaluable public sector 
resource to other small business owners and operators.
  Charlie began his tenure of service with the SBA in July 1982, and 
has faithfully served the agency ever since. His service in the SBA's 
Gulfport Branch Office is especially important to me since the branch 
office was created after Hurricane Camille devastated the Mississippi 
Gulf Coast and its economy in 1969, and during my service as 
Administrative Assistant to then Congressman William Colmer.
  Charlie has been recognized for his continuous dedication to duty and 
his tireless community spirit. Over the years, he has been chosen as 
one of the ``Outstanding Men in America,'' recognized as among the 
``Personalities of the South,'' and selected as ``SBA District Employee 
of the Year.''
  In addition to personal accolades and longstanding official service, 
Charlie generously has given of his time in many ways to improve his 
community. He served as President of the University of Southern 
Mississippi's Alumni Association, as Chairman of the Harrison County 
Election Commission, and as Vice President of Governmental Affairs for 
the Gulfport Area Chamber of Commerce. Moreover, Charlie is an 
associate member of Delta Sigma Pi Fraternity, and serves as a Mason, a 
Shriner, Rotarian, and a charter member of Trinity United Methodist 
Church in Gulfport.
  Charlie's constant professionalism and vast knowledge will be greatly 
missed by the Small Business Administration, the South Mississippi 
business community and officials at every level of government, who have 
had the distinct pleasure and benefit of his insight. Whenever called, 
Charlie always responds in a timely and effective manner with 
eagerness, efficiency and courtesy. Although I know he will miss daily 
interactions with his co-workers and colleagues, I also know that 
Charlie, his wife Rose, and their family, will have many opportunities 
to focus their abundance of energy and exemplary community spirit.




                          ____________________


[[Page 20905]]

THE ACID DEPOSITION AND OZONE CONTROL ACT OF 1999 AND EPA'S ANALYSIS OF 
                                 S. 172

  Mr. MOYNIHAN. Mr. President, I rise today to express concern and 
dismay over the unwarranted delay of a critical analysis of S. 172, the 
Acid Deposition and Ozone Control Act. This analysis thoroughly 
documents the substantial benefits to be achieved, at comparatively 
insignificant costs, by passing S. 172. Unfortunately, we have received 
this information only after it is too late to coordinate the bill's 
passage this year.
  I first asked the Environmental Protection Agency (EPA) to analyze 
the impacts of S. 172 in 1998. Specifically, EPA was asked to calculate 
the costs and benefits of the legislation with regard to effects on 
human health, environment and the business community. EPA completed the 
report in March, 2000 and submitted it to the Office of Management and 
Budget (OMB) for their review. Unfortunately, OMB withheld the analysis 
for six months despite the fact that co-sponsors in both the House and 
Senate requested the report's release in letters to Director Jacob Lew. 
We have EPA's report today because Representative Dan Burton, Chairman 
of the House Committee on Government Reform, was willing to subpoena 
the report. I am disappointed that this course of events had to occur.
  Nonetheless, I am quite pleased with the results of EPA's analysis. 
Not only would S. 172 significantly improve visibility and the state of 
ecosystems sensitive to acid rain and nitrogen loading, but it would 
produce approximately $60 billion in public health benefits annually 
and save 10,000 lives each year. All this for an additional cost to 
utilities of $3.3 billion. What a tremendous service we could do to 
society by simply passing this legislation. If we don't, an epidemic 
could ensue. For example, according to EPA an DGAO, 43% of the lakes in 
New York's Adirondack Park will become acidified by 2040 even with the 
reductions mandated by the 1990 Clean Air Amendments.
  As far back as the 1960s, fisherman in the Adirondacks began to 
complain about more than ``the big one that got away.'' Fish, once 
abundant in the pristine, remote Adirondack lakes, were not just 
getting harder to catch--they were gone.
  When I entered the Senate in 1977, there was much we needed to learn 
about acid rain. So I introduced the first Federal legislation to 
address our ``knowledge deficit'' about acid rain--the Acid 
Precipitation Act of 1979. My bill was enacted into law as Title VII of 
the energy Security Act, which Congress passed in June 1980. Title VII 
established the National Acid Precipitation Assessment Program (NAPAP), 
an interagency program charged with assessing the causes and damages of 
acid deposition, and reporting its findings to Congress. NAPAP spawned 
tremendous academic interest in the subject of acid deposition, and our 
understanding of the subject has since developed substantially.
  In 1990, I helped write Title IV of Clean Air Act Amendments, which 
established a ``Sulfur Dioxide Allowance Program.'' Its creation 
represented a radical departure from the traditional ``command and 
control'' approach to environmental regulation, common at the time. 
This program was the first national, statutorily-mandated, market-based 
approach to pollution control. It has been immensely successful.
  We can be proud of these accomplishments, but we have a long way to 
go yet. Since 1990 we have learned, for instance, that the sulfur 
dioxide (SO2) emissions reductions required under the Clean 
Air Act Amendments of 1990 are insufficient to prevent continued damage 
to human health and sensitive ecosystems. NAPAP has reported that 
forests, streams, and rivers in the Front Range of Colorado, the Great 
Smoky Mountains of Tennessee, the San Gabriel and San Bernardino 
Mountains of California are also now showing the effects of 
acidification and nitrogen saturation. We have learned that nitrogen 
oxides (NOX), which we largely ignored nine years ago, are 
significant contributors to our nation's air quality deficiencies. And 
finally, we have demonstrated that legislation containing regulatory 
flexibility and market incentives is highly effective.
  S. 172, which I first introduced with Senator D'Amato in 1997, seeks 
to build upon this new body of knowledge, combining the best and most 
current scientific evaluation of our environmental needs with the most 
effective and efficient regulatory framework. Today, S. 172 is 
cosponsored by Senators Schumer, Jeffords, Lieberman, Reed, Dodd, 
Kerry, Feinstein, Lautenberg, Kennedy, Boxer, and Wyden. In the House, 
the bill is sponsored by Representatives Boehlert and Sweeney, and co-
sponsored by 48 House Members.
  These are my final days in this great legislative body, and I will 
surely cherish the accomplishments we have made through the years. 
Today, I ask my friends and colleagues to continue the push to protect 
our nation's public health and environment from critical pollutants 
such as nitrogen oxides, sulfur dioxide, mercury and carbon dioxide. It 
is my understanding that the able Chairman of the Environment and 
Public Works Committee, Senator Bob Smith, has indeed made this 
commitment and I commend him for it.
  As I mentioned before, I am disappointed that the release of 
important information regarding the effects of S. 172 was withheld for 
so long. However, now that we have this information, we must act upon 
it and pass legislation that goes beyond our clean air achievements so 
far. The SO2 Allowance Program established by the Clean Air 
Act Amendments of 1990 has achieved extraordinary benefits at costs 
less than half of initial projections. The efficacy of the approach is 
proven. The science indicates that we did not go far enough. The Acid 
Deposition and Ozone Control Act endeavors to build upon our 
accomplishments, and to begin the work which remains to be done.
  Mr. President, I ask unanimous consent that my remarks and two recent 
articles on this issue be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

            [From the Poughkeepsie Journal, Sept. 20, 2000]

                       Release Study on Acid Rain

       Why is the government withholding documents that could shed 
     light on how best to deal with the ravages of acid rain?
       Remarkably, that's the case now involving a federal Office 
     of Management and Budget report. The report likely shows a 
     remedy put forth by Sen. Daniel Patrick Moynihan won't be too 
     financially onerous on the utility industry, a leading cause 
     of acid rain, according to the Adirondack Council. But it 
     would better protect the environment, the environmental group 
     states.
       Acid rain occurs, in part, when polluting emissions from 
     utility plants are carried in the wind hundreds of miles from 
     their origin, often causing smog. They also can mix with 
     water vapor, falling as the acid rain that kills lakes and 
     aquatic life in the Adirondack and Catskill regions and 
     elsewhere.
       Council officials express concern the White House is 
     putting the lid on the OMB study because it could show just 
     how ineffective government efforts to curb acid rain have 
     been. It also might demonstrate why more environmental 
     regulations must be imposed on Midwestern utilities in 
     particular, something that won't play well in those states 
     right before the national presidential election.
       ``OMB is stonewalling while Adirondack lakes continue to 
     die,'' said Timothy Burke, executive director of the council.
       At issue are Moynihan's suggested changes to a federal 
     program intended to convince power producers to run cleaner 
     generating plants. Under the 1990 Clean Air Act, the 
     Environmental Protection Agency program gives utilities a 
     financial incentive by allowing them to sell pollution 
     credits to other companies. The program has been fairly 
     successful in New York, allowing utilities here to reduce 
     pollution below the federal maximums and then sell unused 
     pollution credits to out-of-state utilities. By purchasing 
     the credits, some utilities can stay within EPA pollution 
     guidelines and avoid huge fines. Thus it's more cost-
     effective for them to continue to buy the credits rather than 
     make expensive alterations to their plants to cut emissions.
       Problem is, many of these utilities are located in the 
     Midwest and are believed to be major contributors to acid 
     rain. This year, New York lawmakers took it upon themselves 
     to close the loophole by passing a law prohibiting utilities 
     in this state from selling credits to utilities in the 
     Midwest. But that will only go so far to fight acid rain, 
     unless other Northeastern states follow suit.

[[Page 20906]]



                     solution can't wait any longer

       And it's clear dramatic changes are needed soon. Hundreds 
     of Adirondack lakes and streams have been killed by acid 
     rain, and they'll never recover. And for years, 
     environmentalists have projected that 40 percent of the lakes 
     will be dead within 50 years. Most recently, the U.S. General 
     Accounting Office, the independent investigative arm of 
     Congress, said the Adirondacks have been socked with so much 
     acid rain, the fragile mountain soil can no longer soak up 
     the pollutant nitrogen oxide. And that means the nitrogen 
     oxide is flowing into Adirondack lakes at a more rapid rate 
     than previously believed.
       Moynihan and the rest of the state's congressional 
     delegation are proposing a 50-percent cut in emissions beyond 
     what's called for under the credit allowance program. They 
     would do so by halving the amount of sulfur dioxide that can 
     be produced through the purchase of one pollution credit. 
     Before congressional leaders are willing to consider the 
     measure further, however, they want to know the potential 
     costs of the legislation. Fair enough. The Adirondack Council 
     says the study will show the costs won't be astronomical to 
     the utilities, pointing out they were greatly off base on 
     their projections of how much the original allowance program 
     would cost their businesses.
       The Office of Management and Budget could shed light on 
     this important matter. But the only way that will happen is 
     if President Clinton shows sufficient political courage to 
     order the study to be released. He should do so immediately.
                                  ____


         [From the Albany, New York, Times Union, Oct. 4, 2000]

Acid Rain Bottom Line--A New EPA Study Shows Just How Affordable It Is 
                           To Fight Pollution

       How much would it cost to keep Adirondack lakes from dying 
     from acid rain? How much to spare thousands of Americans who 
     suffer respiratory illnesses caused by the smokestack 
     pollutants that contribute to acid rain? New York Sen. Daniel 
     Patrick Moynihan put those questions to the Environmental 
     Protection Agency two years ago, as he and Rep. Sherwood 
     Boehlert, R-Utica, struggled to push through strict new 
     federal limits on emissions of nitrogen and sulfur that drift 
     from power plants in the Mid-west and South and descend on 
     the Northeast, causing health problems in populated areas and 
     killings trees and aquatic life in the Adirondacks and other 
     pristine regions.
       Now, after an unjustified delay by the Clinton 
     administration that some critics are attributing to election-
     year politics, the EPA report is finally public, thanks to a 
     subpoena issued by the House Government Reform Committee. And 
     the price tag turns out to be so affordable that any further 
     delay in reducing smokestack pollution is indefensible. The 
     bottom line: $1. That is how little the average household 
     monthly utility bill would rise if the Moynihan-Boehlert bill 
     were law.
       But time is running short, Congress has only a few days 
     left to conclude its business this year, and there are no 
     encouraging signs that lawmakers will give the Moynihan-
     Boehlert bill the prompt attention it deserves.
       But they should. The EPA report not only makes a convincing 
     case for stricter pollution controls, but it also spells out 
     the benefits that the nation--not just the Northeast--stands 
     to reap in return. In a cost-benefit analysis sought by Mr. 
     Moynihan, the EPA pegs the benefits of reducing acid rain at 
     $60 billion, compared with $5 billion that power plants would 
     have to pay to meet the tighter emissions standards. That's a 
     $55 billion payback, as represented in savings on treating 
     chronic bronchitis, reducing emergency room visits for asthma 
     and eliminating 1.5 billion days of lost work each year 
     because of respiratory illnesses. There would be scenic 
     improvements as well as the atmosphere cleared over national 
     treasures like the Adirondacks and the Shenandoah and Great 
     Smoky Mountains national parks.
       In the Adirondacks, the struggle is a life-and-death one. A 
     recent Times Union series found that without sharp new curbs 
     on acid rain, half of the Adirondack lakes will no longer be 
     able to support aquatic life in 40 years. Already it is too 
     late to save some ponds and lakes that have been contaminated 
     by nitrogen oxide. The pattern will continue unless prompt 
     action is taken. As our series noted, state leaders and the 
     New York congressional delegation have made a strong 
     bipartisan effort to combat the problem. Now it is Congress' 
     turn. No one state can stop acid rain on its own. But 
     Congress can, and should, provide the necessary federal 
     remedy. The EPA has just given 55 billion reasons to act now.

                          ____________________



                          RAIL SERVICE ISSUES

  Mr. McCAIN. Mr. President, I would like to discuss a subject of great 
importance to our nation and its economy, that is rail transportation.
  Earlier today, a few of my colleagues expressed views alleging a 
failure by this Congress for not passing legislation to regulatorily 
address rail service and shipper problems. As Chairman of the Senate 
Commerce, Science, and Transportation Committee, I want to set the 
record straight concerning the work of the Committee to address service 
and shipper problems.
  Since becoming Chairman of the Senate Commerce Committee, the 
Committee has held no less than six hearings during which rail service 
and shipper issues were addressed. Three were field hearings, one each 
in Montana, North Dakota, and Kansas. Three hearings were conducted 
here in the Senate at which the topic of rail service dominated the 
testimony and members' questioning. I also have publicly stated a 
willingness for the Committee to hold even more hearings.
  Further, Senator Hutchison, the Chairman of the Surface 
Transportation Subcommittee, and I requested the Surface Transportation 
Board (STB) to conduct a comprehensive analysis of rail service and 
competitive issues. The STB is the federal agency which oversees rail 
service and other matters. The Board's findings are extremely important 
and they were widely discussed during our Committee hearings last year. 
In addition, earlier this year the Board announced it would conduct a 
proceeding to change its merger guidelines in recognition of the 
drastically changed rail industry dynamic that has transformed since 
the rail deregulation movement of the late 1970's and the 1980's. The 
Board announced its new guidelines proposal earlier this week and will 
be taking comments on the proposal through November 17.
  Three very diverse bills concerning the STB's authorities have been 
introduced in the Senate and another bill was submitted in the House. 
However, to date no consensus on a legislative approach has been 
achieved. I have had the privilege to serve in Congress nearly twenty 
years and during that time I have learned that significant legislation 
is always the product of careful analysis and bipartisan compromise. 
Pending rail legislation and the STB's future will be no exception.
  My colleagues from North Dakota and West Virginia referred to a 
letter with 277 signatures seeking rail regulatory changes. I am in 
receipt of that letter. But I am also in receipt of literally hundreds 
of letters--letters from Governors, rail shippers, and others--strongly 
opposing any rail reregulatory efforts.
  To allege the Senate Commerce Committee doesn't take the issue of 
rail service seriously is a gross misstatement. The fact is, and I will 
repeat it, there is no consensus. A bill supported by only five members 
is not a solution, but it does allow those sponsors to sound high and 
mighty about their good intentions.
  In order to pass a bill and send it to the President, we clearly have 
a long way to go. But I remain optimistic, and as a deregulator, stand 
ready to support any proposal that fairly and safely balances the needs 
of shippers and carriers.

                          ____________________



                   POLICE REFORM IN NORTHERN IRELAND

  Mr. DODD. Mr. President, yesterday, an op-ed on police reform in 
Northern Ireland written by my friend and colleague Senator Kennedy 
appeared in the Washington Post. In that op-ed Senator Kennedy very 
concisely and eloquently stated why it is so important that meaningful 
police reform happens in Northern Ireland. As all of our colleagues 
know full well, Senator Kennedy has worked tirelessly to promote peace 
and reconciliation in Northern Ireland for many years. It has been an 
honor to work closely with him in that effort and I commend him for his 
leadership on this issue. Needless to say I agree completely with him 
that the recommendations of the Patten Commission must be fully 
implemented, to ensure a genuine new beginning for a police force in 
Northern Ireland that will be acceptable to the Catholic community.
  I hope and pray that those who are currently playing a role in the 
legislative process in the British Parliament take time to reflect upon 
the thoughts expressed in this very important op-ed. I would ask 
unanimous consent that a copy of Senator Kennedy's article be

[[Page 20907]]

printed in the Record at the conclusion of my remarks. I would urge all 
of our colleagues to take a moment to read it when they have the 
opportunity to do so.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                [From the Washington Post, Oct. 4, 2000]

                     A Police For All in N. Ireland

                         (By Edward M. Kennedy)

       This month Britain's House of Lords will have the 
     opportunity to improve the flawed legislation approved by the 
     House of Commons in July to reform the police force in 
     Northern Ireland and give it the support and respect it needs 
     from the Catholic community.
       The case for reform is clear. The current force--the Royal 
     Ulster Constabulary (RUC)--is 93 percent Protestant. The vast 
     majority of Catholics, who make up more than 40 percent of 
     the population in Northern Ireland, do not support it because 
     it does not represent them or protect them and has too often 
     failed them.
       Many Catholics believe the RUC has been involved in a long-
     standing ``shoot-to-kill'' policy. Questions continue about 
     collusion of the RUC with Protestant paramilitaries in the 
     murder of Patrick Finucane, a defense attorney shot dead in 
     front of his wife and children in 1989. In 1997 RUC officers 
     stood by as Robert Hamill, a young Catholic, was kicked to 
     death by 30 Protestants shouting ``kill him'' and ethnic 
     slurs. The RUC was shamefully inactive when death threats 
     were made against another defense attorney, Rosemary Nelson, 
     who was later murdered when her car was blown up as she drove 
     to work last year. Many other examples could be cited to 
     demonstrate why Catholics distrust the police.
       Northern Ireland's 1998 Good Friday agreement presented a 
     historic opportunity to change all that--to reform the police 
     service and make it representative of the entire community. 
     Under the agreement, an independent eight-member 
     international commission was established, led by a former 
     chairman of the British Conservative Party, Christopher 
     Patten. Its mission was to propose an alternative and create 
     a community-oriented, human rights-based police service that 
     Catholics and Protestants alike would be prepared to join. In 
     September 1999, the Patten Commission published its unanimous 
     report containing 175 recommendations for change.
       The assertion has been made that in the current 
     legislation, the British government will implement 95 percent 
     of the Patten's recommendations. But quantity does not 
     measure quality. In fact, the most significant reforms 
     recommended by the commission are not adequately implemented 
     in the legislation.
       The commission's task was to balance the desires of each 
     community against what is necessary to create a fair and 
     representative police force. The recommendations of the 
     Patten Commission reflected those compromises. Patten is the 
     compromise. It must not be diluted.
       Unfortunately, the British government has done just that. 
     It has made unwise concessions to those of the Protestant 
     majority who still view the police as ``theirs,'' and to the 
     police themselves, who have always resisted reform. If the 
     new police service is to succeed, it must represent and be 
     accepted by the community it serves. Catholics must be 
     convinced they should support and join it. Otherwise, the 
     entire Good Friday agreement is in jeopardy.
       As the legislation is considered by the House of Lords, the 
     British government should propose changes to implement fully 
     the Patten recommendations. Among the most obvious:
       Name, badge and flag: As Patten recommended, to attract 
     Catholics, the police force should have a neutral name and 
     symbols. The legislation should ensure that the proposed name 
     change to the neutral ``Police Service of Northern Ireland'' 
     is made for all purposes, not just some purposes. The badge 
     should be free of any association with Great Britain or 
     Ireland, and the British flag should no longer fly above 
     police buildings.
       Oversight Commissioner: Patten recommended the appointment 
     of an oversight commissioner to supervise the implementation 
     of its recommendations. Thomas Constantine, former New York 
     State police chief and former head of the U.S. Drug 
     Enforcement Administration, was recently named oversight 
     commissioner. He should be free to comment on the adequacy of 
     British decisions in implementing the Patten Report--not just 
     oversee the changes made by the government.
       Accountability: Patten recommended a new policing board to 
     hold the police accountable and an ombudsman to investigate 
     complaints against and wrongdoing by the police. Restrictions 
     on the board's power to initiate inquiries and investigate 
     past complaints should be eliminated, as should the British 
     government's power to interfere in its work. The ombudsman 
     should be able to investigate police policies and practices--
     not just report on them.
       On June 15 British Secretary of State for Northern Ireland 
     Peter Mandelson wrote, ``I remain absolutely determined to 
     implement the Patten recommendations and to achieve the 
     effective and representative policing service--accepted in 
     every part of Northern Ireland--that his report aims to 
     secure.'' This determination has yet to be convincingly 
     demonstrated.
       Full implementation of the recommendations of the Patten 
     Commission is essential to guarantee fair law enforcement and 
     to create a new police service that will have and deserve the 
     trust of all the people of Northern Ireland. It will be a 
     tragedy if this opportunity to achieve a new beginning is 
     lost.
       The writer is a Democratic senator from Massachusetts.

                          ____________________



                         PIERRE ELLIOT TRUDEAU

  Mr. HATCH. Mr. President, it is often said that Canada and the U.S. 
share the longest undefended border in the world. While this is 
repeated so often it has become a cliche, like all cliches, there is a 
fundamental truth in it. In this case, the fundamental truth is a 
striking geopolitical reality which Americans do not always appreciate. 
The peace we enjoy in North America is largely a function of this 
border.
  With our neighbor to the north, we share a border of approximately 
4,000 miles, a border that runs through New England and the Great 
Lakes, through the great forests, plains, and mountains, and along the 
Alaskan frontier of this rich North American continent. Mutually 
respected sovereignty is the fundamental basis of peaceful 
international discourse. But I will add that an undefended border makes 
for the warmest of relations, and the greatest of respect.
  Last Thursday, Canada lost perhaps its best known Prime Minister of 
recent times, when Pierre Elliott Trudeau died, at the age of 80. For 
the past week, our neighbors to the north have been in mourning, and I 
stand today to pay my respects to the family of former Prime Minister 
Trudeau and to all the citizens of the country he served with singular 
dedication.
  Mr. Trudeau and I did not share a common political tradition, nor did 
we share a political ideology. This does not diminish my respect for 
the man and his work one bit. I note, with appreciation, that one of 
Mr. Trudeau's mottos was ``reason before passion,'' a principle I 
certainly believe conservative lawmakers would share.
  I admired former Prime Minister Trudeau for his dedication to his 
country, to the rule of law, and to the betterment of the world. In his 
moving tribute at his father's funeral earlier this week, Justin 
Trudeau said, ``My father's fundamental belief never came from a 
textbook, it stemmed from his deep love and faith in all Canadians.''
  Pierre Trudeau led Canada at a tumultuous time in its history and in 
the history of the world. In 1970, he was confronted with a terrorist, 
separatist threat from Quebecois extremists. Prime Minister Trudeau--
who, in Canadian history, was at the time, only its third of Quebecois 
descent himself--was a dedicated federalist and, even more 
fundamentally, dedicated to the rule of law. He faced down the 
terrorists, and since then issues of separatism have been dealt with at 
the ballot box. While he successfully defended the rule of law, 
Canadians recognize the advances he instituted to preserve Canada's 
unique cultural diversity.
  Mr. Trudeau had a different view of geopolitics than did most of the 
American administrations with which he dealt. It is said that he 
succeeded, at times, in aggravating U.S. presidents from Nixon to 
Reagan.
  Some of this had to do, in my opinion, with the nature of the 
relationship between our countries. While Canada is the second largest 
political land-mass in the world, its population is small, 
approximately one-tenth of ours, and its economy is dwarfed by ours. In 
fact, the former Prime Minister famously said once: ``Living next to 
you is in some ways like sleeping with an elephant. No matter how 
friendly and even-tempered is the beast, one is affected by every 
twitch and grunt.''
  While Mr. Trudeau held substantively different views on the world 
than many American leaders, he demonstrated that policy disputes can 
exist and nations remain civilized and respectful. And that is how I 
think of former Prime Minister Pierre Trudeau.

[[Page 20908]]

  In closing, I wish to note another story his son, Justin, told at his 
father's funeral this week. He recounted how, as a child, his father 
took him one day for lunch at the cafeteria in Ottawa's Parliament. 
There, young Justin saw a political rival of his father and made a 
childish crack about him to his dad. His father sternly rebuked him 
and, according to his son, said ``You never attack the person. You may 
be in total disagreement with the person; however, you shouldn't 
denigrate him.'' That day, Pierre Trudeau taught his son, who is now a 
teacher, that ``having different opinions from those of another person 
should in no way stop you from holding them in the greatest respect 
possible as people.''
  That is the principle of a civilized man, and the practice of a 
civilized nation. As the world bids adieu to Pierre Trudeau, I extend 
my deepest condolences to his family and to all the good citizens of 
our great neighbor Canada.

                          ____________________



THE INTERIOR APPROPRIATIONS BILL AND THE CONSERVATION AND REINVESTMENT 
                                  ACT

  Mr. ROBB. Mr. President. I would like to say a few words about the 
Interior Appropriations bill and CARA. The Interior Appropriation is a 
good bill. CARA is a great bill. CARA brought together a variety of 
supporters from all parts of the country to develop a program that 
would provide for wildlife protection, urban parks, green space, 
coastal impact protection and would guarantee funding for the 
development of recreation areas for years to come.
  Elements of CARA have been included in the Interior bill, although 
the funding for these provisions is paltry by comparison to the House 
and Senate CARA bills. Other provisions may find a home in other 
appropriations packages, but one of the most important elements may be 
orphaned in the end. That is the provision for wildlife and habitat 
protection. Just as we are cheering our success in securing a place for 
wildlife, as we celebrate a growing population of eagles on the Potomac 
River, we are failing to fund the programs that make this possible. 
State wildlife agencies have clearly demonstrated their ability to 
bring back populations of threatened and endangered species, such as 
the pronghorn and the bald eagle. But they lack the resources to repeat 
the success on thousands of other species.
  The purpose of CARA was to provide the ounce of prevention that keeps 
species from becoming threatened. CARA was to protect both game and 
nongame populations. By providing dependable state based funding we 
could ensure on-the-ground protection of wildlife, and continued 
maintenance of habitat for all wild species. It is important to note 
that there is an educational component in Title III of CARA. We are 
increasingly becoming an urban nation, and it is important to provide 
an introduction to wild places and wild things to our children. This 
introduction will help them become the next generation of good land 
stewards.
  Virginians have come out for CARA. Rarely have I heard from so many 
different groups who support a piece of legislation. I would like to 
submit for the Record a list of the Virginia groups who support this 
legislation and to thank all of the groups for the remarkable job they 
have done in promoting CARA and the principles of outdoor recreation 
and education. I am highlighting Title III in my remarks simply because 
it is being ignored in the Interior Appropriations bill. But each and 
every title in CARA was thoughtfully deliberated and negotiated. Rarely 
have I seen such care taken in developing a bill, and even though 
efforts to allay the concerns of some western Senators were not 
successful, they were genuine, and I hope useful for future 
discussions.
  The Interior bill does provide substantial funding for the Lands 
Legacy program, and this is important. The bill also provides a good 
deal of funding for Virginia projects that are particularly worthy. But 
we could have done better, we could have done more. And I regret that 
the Senate has not yet risen to the occasion, that we did not complete 
this important work. Senator Landrieu, like the gracious lady that she 
is, has not asked CARA sponsors and supporters to withhold our support 
for the Interior Appropriation, and for the sake of the Virginia 
projects in the bill I will vote for the Appropriation. But, I will 
pledge to keep working for the passage of CARA in the final days of the 
session.
  I ask unanimous consent that this statement be included in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                 Virginia Organizations Supporting CARA

       AFS--Virginia Chapter; American Bass Association; Anderson 
     Cottage Bed & Breakfast; Augusta Bird Club; Burke Center 
     Wildlife Committee; Carl Zeiss Optical, Sports Optics; Clarke 
     County Citizen Council.
       Duck Island Enterprises, Inc.; Evergreen Bed & Breakfast 
     Inn; Fair View Bed and Breakfast; For the Birds, Inc.; 
     Friends of Dragon Run State Park; Friends of Shenandoah 
     River; Friends of the North Fork Shenandoah.
       Friends of the Rivers of Virginia; High Meadows Inn; IWLA--
     Maury Chapter; IWLA--Virginia Chapter; James River Basin 
     Canoe Livery, Ltd. Laurel Creek Nursery; Loudoun Wildlife 
     Conservancy; Lynchburg Bird Club; Mattaponi River Company; 
     Mill Mountain Zoo.
       More Critters & Company; NAS--Cape Henry Audubon Society; 
     NAS--Fairfax Audubon Society; NAS--Virginia Beach Chapter; 
     Natural Resources Technology; New River Free Press; New River 
     Valley Bird Club; New River Valley Environmental Coalition 
     Newport House Bed & Breakfast.
       North Bend Plantation; North Fork Nature Center; Piedmont 
     Productions; Prince William Natural Resources Council Public 
     Lands Foundation; Resource Management Associates; Responsive 
     Management; Ridgerunner Forestry Services; River Place at 
     Deltaville.
       Selu Conservancy; The Alleghany Inn; The Conservation Fund; 
     The Friends of the North River; The Mark Addy; The Opequon 
     Watershed, Inc.
       The Ornithological Council; The River'd Inn; The Wildlife 
     Center of Virginia; Thornrose House Bed & Breakfast; Trout 
     Unlimited (National); TWS--Southeastern Chapter; TWS--
     Virginia Chapter; TWS--Virginia Tech Student Chapter.
       Valley Conservation Council; Virginia American Bass 
     Association; Virginia Association of Soil & Water 
     Conservation District Virginia BASS Federation, Inc.; 
     Virginia Game Warden Association; Virginia Herpetological 
     Society; Virginia Society of Ornithology; Virginia Tourism 
     Corporation; Virginia Wildlife Federation; Virginia's Explore 
     Park; Virginians for Wilderness; Western Virginia Land Trust.

                          ____________________



                        VICTIMS OF GUN VIOLENCE

  Mr. WELLSTONE. Mr. President, it has been more than a year since the 
Columbine tragedy, but still this Republican Congress refuses to act on 
sensible gun legislation.
  Since Columbine, thousands of Americans have been killed by gunfire. 
Until we act, Democrats in the Senate will read the names of some of 
those who have lost their lives to gun violence in the past year, and 
we will continue to do so every day that the Senate is in session.
  In the name of those who died, we will continue this fight. Following 
are the names of some of the people who were killed by gunfire one year 
ago today.
  October 5, 1999:
  Norman P. Blasco, 47, Chicago, IL; Guy Colbert, 25, Detroit, MI; 
Daniel Galloway, 39, San Antonio, TX; Justin Eric Googenrand, 23, St. 
Paul, MN; Denise Long, 41, Nashville, TN; Shawndell Mosely, 27, 
Memphis, TN; Donald Roper, 34, Oakland, CA; and Theodore Slater, 87, 
Toledo, OH.
  One of the victims of gun violence I mentioned, 41-year-old Denise 
Long of Nashville, was shot and killed accidentally by a 22-year-old 
co-worker who pulled out a handgun and dropped it on the floor. Her co-
worker did not have a permit to carry a handgun. She also did not have 
permission to have the gun at their place of work.
  We cannot sit back and allow such senseless gun violence to continue. 
The deaths of these people are a reminder to all of us that we need to 
enact sensible gun legislation now.

                          ____________________


[[Page 20909]]

                                  PNTR

  Mrs. LINCOLN. Mr. President, as a strong advocate for Permanent 
Normal Trade Relations with China, I feel a personal responsibility to 
ensure that American companies benefit from this


continuing trade relationship. I believe most of my Senate colleagues 
feel the same way. I am confident there will be many success stories, 
but there are also valuable lessons to be learned from watching U.S. 
companies that have tried to do business thus far.
  Panda Energy International is one such company. Panda is currently 
building a substantial gas-powered generator in Union County, Arkansas, 
and I have been personally briefed by Panda's officials about their 
difficulties in China. Panda spent six years developing a power project 
near Tangshan in Hebei Province. It signed a contract to sell all of 
the output from the project to the North China Power Group--an arm of 
the national utility--at a price to be determined by a formula. Armed 
with this contract, Panda borrowed $155 million needed to construct the 
project through a public bond offering in the U.S. capital markets. 
Construction for the project got underway in 1997. The project was 
completed late last year, and has been in limbo since that time.
  The project cannot sell power without formal approval of a tariff, or 
price for its electricity, by the Tangshan municipal pricing bureau. 
The Tangshan pricing bureau has been reluctant to assign a tariff that 
would then set in motion the need to buy additional electricity for the 
region where demand has recently diminished. At the same time, Panda 
Energy is in a perilous bind, because it had to mortgage all of its 
existing power plants--two in the United States and one in Nepal--as 
security to guarantee the U.S. bond holders they would be repaid their 
loans. The company is on the verge of defaulting on the loans.
  Mr. EDWARDS. Would the Senator yield?
  Mrs. LINCOLN. I would be pleased to yield to my friend from North 
Carolina.
  Mr. EDWARDS. I want to associate my self with the concern expressed 
by the Senator from Arkansas. Panda Energy has a major gas-fired co-
generator in northwestern North Carolina. That plant, in Roanoke 
Rapids, was the first project completed by this corporation and has 
been a significant supplier of electricity to the citizens of my state 
for the past ten years.
  I, too, have been briefed about the difficulties Panda has faced in 
their effort to improve China's electricity-generating infrastructure. 
The commitment to approve and issue a formal tariff to the Panda 
Project in Luannan County, that the municipal and provincial 
governments agreed to, is not being honored. By failing to honor their 
commitment to grant a reasonable tariff rate, these governments have 
precluded the commercial generation of power. If this continues, the 
U.S. bondholders will have no choice but to foreclose on what 
represents the first U.S. capital markets power project financing in 
China.
  This is a difficult situation for both sides, but the bottom line is 
that the international trading system breaks down if agreements are not 
honored, especially for large infrastructure projects like this one 
with long lead times. People invest money based on these agreements. 
They put their companies at risk.
  I would like to yield to my colleague, Senator Kerry, who has been 
working on this issue for some time.
  Mr. KERRY. Mr. President, I have been aware of this story since July. 
Many of the bonds for this project are held through mutual funds in 
which Americans have invested their savings. This is not just a 
question of inequity for the U.S. developer of the project but also for 
millions of Americans who are the bondholders, and many of whom are my 
constituents.
  In response to a letter written on August 7 to the Chinese 
ambassador, the charge d'affaires indicated that he had met with both 
the U.S. developer and representatives from the U.S. bondholders, had 
conveyed the concern back home, and would be--quote--making efforts to 
facilitate a satisfactory solution to this problem--end quote. It has 
now been almost two months, and we have seen no resolution of this 
problem, but rather delay and discrimination.
  I note that the Democratic Leader has joined us, and I would like to 
suggest to him a report by the Administration, but first I would yield 
the Floor to my colleague from Montana, Senator Baucus.
  Mr. BAUCUS. Mr. President, I do not have first hand knowledge of the 
situation, but it is troubling to hear of U.S. businesses running into 
such difficulties. I read the written statement that the U.S. sponsor 
of this project submitted to the Senate Finance Committee last spring.
  Two things struck me. One is that the mediator split the difference. 
He split the difference between the price for electricity proposed by 
the Tangshan pricing bureau and the minimum price that the U.S. 
developer of the project said it needed in order to avoid defaulting on 
the project debt. The other thing that struck me is, although this was 
no great result for the U.S. developer, all the developer is seeking at 
this point is to have the mediator's recommendation implemented.
  I would like to read a paragraph from the statement that the U.S. 
sponsor of the project submitted to the Senate Finance Committee. This 
is the president of the company speaking. ``I am not here to ask you or 
your colleagues to grant or deny China PNTR status. I am here to relate 
a story of how one U.S. company fared when it tried to supply 
electricity to the Chinese. Unfortunately, we have come to find that 
our experience is not all that uncommon. However, in our case, the 
consequences are potentially disastrous because Panda had to guarantee 
the U.S. bondholders that they would be repaid. We feel like the jilted 
bride who entered into a marriage five years ago with the Chinese only 
to find them trying to walk away from the marriage now that the child 
has been born. This isn't fair.''
  I agree, and I yield the Floor to the Democratic Leader.
  Mr. DASCHLE. Mr. President, I have discussed this unfortunate 
situation with several of my colleagues. I believe that it would be 
very helpful to have the Secretary of Commerce and the Secretary of 
Energy undertake a joint analysis of the facts of this situation and 
report back to the Senate on their discussions with the Chinese 
government within 45 days.

                          ____________________



                       THE VERY BAD DEBT BOXSCORE

  Mr. HELMS. Mr. President, at the close of business yesterday, 
Wednesday, October 4, 2000, the Federal debt stood at 
$5,653,380,479,214.62, five trillion, six hundred fifty-three billion, 
three hundred eighty million, four hundred seventy-nine thousand, two 
hundred fourteen dollars and sixty-two cents.
  One year ago, October 4, 1999, the Federal debt stood at 
$5,654,411,000,000, five trillion, six hundred fifty-four billion, four 
hundred eleven million.
  Five years ago, October 4, 1995, the Federal debt stood at 
$4,980,561,000,000, four trillion, nine hundred eighty billion, five 
hundred sixty-one million.
  Ten years ago, October 4, 1990, the Federal debt stood at 
$3,255,813,000,000, three trillion, two hundred fifty-five billion, 
eight hundred thirteen million.
  Fifteen years ago, October 4, 1985, the Federal debt stood at 
$1,823,105,000,000, one trillion, eight hundred twenty-three billion, 
one hundred five million, which reflects a debt increase of almost $4 
trillion--$3,830,275,479,214.62, three trillion, eight hundred thirty 
billion, two hundred seventy-five million, four hundred seventy-nine 
thousand, two hundred fourteen dollars and sixty-two cents, during the 
past 15 years.

                          ____________________



                         ADDITIONAL STATEMENTS

                                 ______
                                 

                 HONORING DIRECT SERVICE PROFESSIONALS

 Mr. DURBIN. Mr. President, I am pleased today to join the 
Illinois chapter of the American Association on Mental Retardation in 
recognizing the recipients of the 2000 Direct Service Professional 
Award. These individuals are being honored for their outstanding 
devotion to the effort to enrich the lives of people with developmental 
disabilities in Illinois.

[[Page 20910]]

  These recipients have displayed a strong sense of humanity and 
professionalism in their work with persons with disabilities. Their 
efforts have inspired the lives of those whom they care for, and they 
are an inspiration to me as well. They have set a fine example of 
community service for all Americans to follow.
  These honorees spend more than 50 percent of their time in direct, 
personal involvement with their clients. They are not primarily 
managers or supervisors. They are direct service workers at the 
forefront of America's effort to care for people with special needs. 
They get up and go to work every day, with little recognition, 
providing much needed and greatly valued care and assistance.
  It is my pleasure to acknowledge the contributions of the following 
Illinois direct service professionals: Kimberly Brown, Janelle Cote, 
Margaretha Daigh, Dawn Golec, David Hamm, Pat Hartz, Sandy Hawkins, 
Rhonda Housman, Kathy Lambert, Kathy Lyons, Deb Minor, Valensie 
Parnell, Mary Beth Schultz, Marshall Sears, Kim Smith, Jayce Turner, 
Don Van Duyse, Junior Vieux, Clifton White, and Tijuana Wright.
  I know my fellow Senators will join me in congratulating the winners 
of the 2000 Direct Service Professional Award. I applaud their 
dedication and thank them for their service.

                          ____________________



                     TAIWAN CELEBRATES NATIONAL DAY

 Ms. LANDRIEU. Mr. President, next Sunday marks the eighty-
ninth birthday of the Republic of China, which now resides in Taiwan. 
This representative government arose from a revolution against an 
archaic imperial system. In 1911, Chinese patriots ousted the Qing 
dynasty, and ignited the promise of economic and political freedom for 
Chinese nationalists throughout the world.
  National Day, or the shuang shi, is the most important national 
holiday in Taiwan, for it celebrates not only a critical military 
victory, but a wealth of principles which, to this day, guide the 
governance of Taiwan--particularly: resistance to dynastic tyranny, 
embrace of free market enterprise, development of western-style 
political institutions, and ultimately, the evolution of a fully 
thriving democratic republic. After repeated set-backs, on October 10, 
1911, the revolutionary Wuch'ang Army successfully launched a revolt 
against China's imperial regime. The nationalists would no longer 
tolerate property seizure and suppressed individual rights. Without a 
supreme sovereign reigning over the country, China plunged into a civil 
war. Although never truly resolved, this conflict stalemated in 1949, 
when Communists expelled Chiang Kai-shek and the nationalists to 
present-day Taiwan.
  After emergency martial law was lifted in 1987, the groundwork was 
finally laid to realize the cardinal objectives of Taiwan's founding 
father, Sun Yat-sen--to establish a representative Republic of China. 
In 1992, Taiwan held its first democratic legislative elections, 
followed by presidential elections in 1996. In March of this year, 
Taiwan held her second presidential elections, installing a wholly 
independent, man of the people as the leader of Tawain--Chen Shui-bian. 
This man embodies the spirit of the new Republic of China on Taiwan. As 
mayor of Taipei, Chen Shui-bian cleaned up the capital city, attacking 
organized crime and other illicit industries. As a political dissident, 
he stood strong in the face of efforts to muzzle him. In this year's 
election, he inaugurated a new political order for his people.
  In addition to Chen's fair elections, Taiwan has much to celebrate. 
As Taiwan enjoys her various National Day festivities--the huge 
parades, dazzling entertainment, and explosive fireworks displays--let 
us all celebrate the birth of true democracy in Taiwan. We salute our 
friends on that great island--the people of Taiwan. Please join me in 
saying to them Shuang shi kwai ler.


                    Honoring Our Fallen Firefighters

 Mrs. BOXER. Mr. President, firefighters from across the Nation 
who died in the line of duty will be remembered during the National 
Fallen Firefighters Memorial Weekend on October 7th and 8th at the 
National Fire Academy in Emmitsburg, Maryland. As in years past, the 
National Fallen Firefighters Foundation and the Federal Emergency 
Management Agency will sponsor the nation's tribute to these valiant 
public servants.
  The 106 firefighters to be honored this year include seven 
Californians. On behalf of the people of my state, I want to remember 
each of them in turn:
  Matthew Eric Black, 20, a volunteer with the Lakeport Fire Protection 
District, died on June 23, 1999 when he accidentally came in contact 
with a downed power line during operations at a grass fire. His older 
brother is also a firefighter.
  Stephen Joseph Masto, 28, a career firefighter with the Santa Barbara 
Fire Department, died on August 28, 1999 of heatstroke while working as 
an EMT at a wildland fire. He received the Outstanding Cadet Award at 
Rio Hondo Fire Academy and received a service award as a volunteer at 
Upland Fire Department.
  Tom Moore, 38, a career firefighter with the Manteca Fire Department, 
died on June 16, 1999 after suffering severe trauma in a training tower 
fall. He had served with the department for over 14 years and was a 
well-known fire service instructor specializing in heavy/confined space 
rescue and hazardous materials.
  Karen J. Savage, 44, a volunteer firefighter/EMT with Hawkins Bar 
Volunteer Fire Department in Burnt Ranch, died on October 16, 1999 from 
injuries sustained in a vehicle accident at the scene of a wildland 
fire.
  Martin Michael Stiles, 40, a California Department of Corrections 
inmate assigned to the Los Angeles County Fire Department Strike Team, 
died on July 18, 1999 of injuries from a fall while working at a 
wildland fire in Ventura County, California. A San Diego native, he was 
dedicated to wildland firefighting and loved the outdoors.
  Tracy Dolan Toomey, 52, a 27-year veteran firefighter with the 
Oakland Fire Department, died on January 10, 1999 in the collapse of a 
burning building. A Vietnam veteran, he was an avid welder and a member 
of the California Artistic Blacksmith's Association.
  Edward E. Luttig, 54, a member of the Sacramento Fire Department, 
died on September 10, 1990 from injuries sustained 23 years earlier 
while searching for survivors in an apartment fire. Sacramento 
firefighters donated their time and money to support Mr. Luttig and his 
family during those 23 years. His name is being added to the Memorial 
at the request of his friends and former colleagues.
  These fallen heroes paid the ultimate price for their devotion to 
public service and safety. They are an inspiration to us all, as are 
the men and women who continue to protect Americans from fire and other 
emergencies.

                          ____________________



      MOTHER KATHARINE DREXEL: A TEACHER TO SOME, A SAINT TO MANY

 Mr. BREAUX. Mr. President, I rise today to honor the life of 
Mother Katharine Drexel. Born into one of the wealthiest families in 
America in 1858, Mother Katharine turned down a life of privilege to 
start the Sisters of the Blessed Sacrament in 1891. She dedicated her 
life to building a brighter future for underprivileged African-American 
and Native American children.
  In honor of her hard work and dedication to the disadvantaged and 
disenfranchised, on October 1--just 45 years after her death--Pope John 
Paul II canonized Mother Katharine into sainthood, the highest 
recognition a Catholic can receive. She is the fifth American to reach 
this honor, and only the second who was born in America.
  The prestigious Xavier University of Louisiana owes its entire 
existence to Mother Katharine Drexel. When founded in New Orleans in 
1925, Xavier's mission was to prepare its students for positions of 
leadership. Today, Xavier is widely recognized for sending more 
African-Americans to medical school

[[Page 20911]]

than any college in America. Its 70 percent medical and dental school 
acceptance rate is almost twice the national average, and 93 percent of 
those who enter these programs earn their degree.
  Xavier also ranks first nationally in the number of African-American 
students who earn degrees in biology, physics, pharmacy and the 
physical sciences. In fact, since 1927 Xavier has graduated nearly 25 
percent of the black pharmacists practicing in the United States.
  Thousands of Xavier's graduates are prominent scientists, scholars, 
musicians, and community leaders in Louisiana and across the country. 
Notable graduates include Department of Labor Secretary Alexis Herman, 
and retired, four-star Air Force General Bernard Randolph, former head 
of the Space and Defense Systems Command.
  Proof of Mother Katharine's superior works lies in the achievements 
of three of her former students. One of Mother Katharine's students at 
Xavier was a young man who shined shoes, but wanted an education. 
Today, Dr. Norman Francis is president of Xavier University and a 
nationally recognized leader in higher education.
  Another of her former students, Lionel Hampton, found his gift for 
music under Mother Katharine's tutelage at Xavier. Hampton later earned 
platinum and gold records, and became the first African-American to 
play in the Benny Goodman Band. Hampton joined another jazz great and 
New Orleanian, Louis Armstrong, to play for Pope Pius XII.
  Mother Katharine also spread her goodwill elsewhere across the 
country. When Marie Allen entered Mother Katharine's St. Michael's 
Indian School in Window Rock, Arizona, she was an impoverished young 
child who spoke no English. Today, Dr. Marie Allen heads the Navaho 
Nation Special Diabetes Program to educate Native Americans about 
diabetes, a deadly disease that plagues American Indian reservations. 
Even more, over the past 10 years, 90 percent of students graduating 
from St. Michael's Indian School have gone to college.
  These are just three examples of the multitude of students who have 
been inspired to greatness by Mother Katharine Drexel. In the midst of 
a hostile culture, she used kindness and compassion to fight injustice 
and indignities, and in the process forged a brighter future for 
America's poor and underprivileged.
  When Katharine Drexel died at the age of 97 in 1955, more than 500 of 
her disciples were teaching in 63 schools on American Indian 
reservations and in African-American communities. This is a true 
testament to her ability to inspire and lead.
  History is full of truly remarkable people whose individual acts of 
kindness have left an indelible mark on our hearts, our souls and our 
conscience. Mother Katharine Drexel is no different. Her actions are a 
true testament to the power of strong religious faith and a moral 
obligation to those less fortunate.
  On behalf of the thousands of people around the world who have been 
touched by her work, I pay tribute to the life and work of Mother 
Katharine Drexel. She may have been a teacher to some, but Mother 
Katharine is a saint to many.

                          ____________________



                    TRIBUTE TO DR. FAYE G. ABDELLAH

 Mr. INOUYE. Mr. President, I would like to take a moment to 
honor Dr. Faye G. Abdellah, RN, Ed.D., Sc.D., FAAN who is currently 
serving as the Dean of the Graduate School of Nursing at the Uniformed 
Services University. Dr. Abdellah will be inducted in the National 
Women's Hall of Fame this weekend. Founded in 1969, the Hall is a 
national membership organization in Seneca Falls, New York that honors 
and celebrates the achievements of American women. She will join a list 
of 157 of the most distinguished women in American history, including 
Susan B. Anthony, Clara Barton, Helen Keller, Sandra Day O'Connor, Rosa 
Parks, and Eleanor Roosevelt. Dr. Abdellah is being recognized and 
honored for her pioneering work altering nursing theory and practice, 
for the development of the first tested coronary care unit that saved 
thousands of lives, and for being the first nurse to hold the rank of 
Rear Admiral (Upper Half) and the title of Deputy Surgeon General for 
the United States.
  Dr. Abdellah is the recipient of 79 professional and academic honors. 
She holds eleven honorary degrees from universities that have 
recognized her innovative work in nursing research, in the development 
of the first nurse scientist, as an international expert in health 
policies, and for making invaluable contributions to the health of our 
nation. She has authored and co-authored more than 150 publications, 
some of which have been translated into six languages.
  Dr. Abdellah worked with the Surgeon General in the formation of 
national health policies related to AIDS, drug addiction, violence, 
smoking and alcoholism. She developed the first federal training 
program for health services researchers, health services administrators 
and geriatric nurse practitioners. Dr. Abdellah has worked with state 
and district nursing associations, serving on many work groups and 
committees developing standards of nursing practice, credentialing 
activities, and providing workshops in nursing research.
  As part of her international health outreach role as a nurse and 
health services consultant, she has been a member of official United 
States delegations on exchange missions to Russia, Yugoslavia, and 
France, and designated as coordinator for nursing for the United 
States-Argentina Cooperation in Health and Medical Research Project. 
Dr. Abdellah has also served as a consultant to the Japanese Nursing 
Association on nursing education and research on three separate 
occasions.
  I have had the privilege of knowing Dr. Abdellah for many years. Her 
selfless devotion to duty and extraordinary accomplishments are 
legendary. It is with pride that I congratulate Dr. Abdellah on her 
well-deserved induction into the National Women's Hall of Fame. Our 
nation can be proud of her long and distinguished service to this 
country.

                          ____________________



                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Ms. Evans, one of his secretaries.


                      executive messages referred

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________



                        MESSAGES FROM THE HOUSE

  At 1:09 p.m. a message from the House of Representatives, delivered 
by Mr. Hayes, one of its reading clerks, announced that the House 
insists upon its amendment to the bill (S. 835) to encourage the 
restoration of estuary habitat through more efficient project financing 
and enhanced coordination of Federal and non-Federal restoration 
programs, and for other purposes, and ask a conference with the Senate 
on the disagreeing votes of the two Houses thereon. That Mr. Shuster, 
Mr. Young of Alaska, Mr. Boehlert, Mr. Gilchrest, Mrs. Fowler, Mr. 
Sherwood, Mr. Sweeney, Mr. Kuykendall, Mr. Vitter, Mr. Oberstar, Mr. 
Borski, Mr. Barcia, Mr. Filner, Mr. Taylor of Mississippi, Mr. 
Blumenauer, and Mr. Baldacci, be the managers of the conference on the 
part of the House.
  The message also announced that the House has passed the following 
bill, in which it requests the concurrence of the Senate:

       H.R. 5212. An act To direct the American Folklife Center at 
     the Library of Congress to establish a program to collect 
     video and audio recordings of personal histories and 
     testimonials of American war veterans, and for other 
     purposes.


                         enrolled bills signed

  The following enrolled bills, previously signed by the Speaker of the 
House, were signed on today, October 5,

[[Page 20912]]

2000, by the President pro tempore (Mr. Thurmond):

       S. 302. An act for the relief of Kerantha Poole-Christian.
       S. 1794. An act to designate the Federal courthouse at 145 
     East Simpson Avenue in Jackson, Wyoming, as the ``Clifford P. 
     Hansen Federal Courthouse.''
       H.R. 4365. An act to amend the Public Health Service Act 
     with respect to children's health.


                         enrolled bills signed

  At 3:41 p.m., a message from the House of Representatives, delivered 
by Mr. Hayes, one of its reading clerks, announced that the Speaker has 
signed the following enrolled bills and joint resolution:

       S. 366. An act to amend the National Trails System Act to 
     designate El Camino Real de Tierra Adentro as a National 
     Historic Trail.
       S. 1198. An act to establish a 3-year pilot project for the 
     General Accounting Office to report to Congress on 
     economically significant rules of Federal agencies, and for 
     other purposes.
       S. 2045. An act to amend the Immigration and Nationality 
     Act with respect to H-1B nonimmigrant aliens.
       2722. An act to improve the administrative efficiency and 
     effectiveness of the Nation's abuse and neglect courts and 
     for other purposes consistent with the Adoption and Safe 
     Families Act of 1997.
       H.R. 1800. An act To amend the Violent Crime Control and 
     Law Enforcement Act of 1994 to ensure that certain 
     information regarding prisoners is reported to the Attorney 
     General.
       H.R. 2752. An act to direct the Secretary of the Interior 
     to sell certain public land in Lincoln County through a 
     competitive process.
       H.R. 2773. An act To amend the Wild and Scenic Rivers Act 
     to designate the Wekiva River and its tributaries of Wekiwa 
     Springs Run, Rock Springs Run, and Black Water Creek in the 
     State of Florida as components of the national wild and 
     scenic rivers system.
       H.R. 4579. An act to provide for the exchange of certain 
     lands within the State of Utah.
       H.R. 4583. An act to extend the authorization for the Air 
     Force Memorial Foundation to establish a memorial in the 
     District of Columbia or its environs.
       H.J. Res. 110. Joint resolution making further continuing 
     appropriations for the fiscal year 2001, and for other 
     purposes.

  The enrolled bills and joint resolution were signed subsequently by 
the President pro tempore (Mr. Thurmond).
                                  ____

  At 6:41 p.m. a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 2641. An act to make technical corrections to title X 
     of the Energy Policy Act of 1992.

  The message also announced that the House has passed the following 
bill, with amendments, in which it requests the concurrence of the 
Senate:

       S. 2311. An act to revise and extend the Ryan White CARE 
     Act programs under title XXVI of the Public Health Service 
     Act, to improve access to health care and the quality of 
     health care under such programs, and to provide for the 
     development of increased capacity to provide health care and 
     related support services to individuals and families with HIV 
     disease, and for other purposes.

  The message further announced that the House agrees to the amendment 
of the Senate to the bill (H.R. 1143) to establish a program to provide 
assistance for programs of credit and other financial services for 
microenterprises in developing countries, and for other purposes.

                          ____________________



                      MEASURES READ THE FIRST TIME

  The following bill was read the first time:

       H.R. 4292. An act to protect infants who are born alive.

                          ____________________



                        ENROLLED BILL PRESENTED

  The Secretary of the Senate reported that on today, October 5, 2000, 
he had presented to the President of the United States, the following 
enrolled bills:

       S. 302. An act for the relief of Kerantha Poole-Christian.
       S. 366. An act to amend the National Trails System Act to 
     designate El Camino Real de Tierra Adentro as a National 
     Historic Trail.
       S. 1794. An act to designate the Federal courthouse at 145 
     East Simpson Avenue in Jackson, Wyoming, as the ``Clifford P. 
     Hansen Federal Courthouse.''
       S. 1198. An act to establish a 3-year pilot project for the 
     General Accounting Office to report to Congress on 
     economically significant rules of Federal agencies, and for 
     other purposes.
       S. 2045. An act to amend the Immigration and Nationality 
     Act with respect to H-1B nonimmigrant aliens.
       S. 2272. An act to improve the administrative efficiency 
     and effectiveness of the Nation's abuse and neglect courts 
     and for other purposes consistent with the Adoption and Safe 
     Families Act of 1997.

                          ____________________



                   EXECUTIVE AND OTHER COMMUNICATIONS

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

       EC-11037. A communication from the Associate Administrator 
     for Procurement, National Aeronautics and Space 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``North American Industry Classification 
     System (NAICS)'' received on October 3, 2000; to the 
     Committee on Commerce, Science, and Transportation.
       EC-11038. A communication from the Associate Administrator 
     for Procurement, National Aeronautics and Space 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``National Aeronautics and Space 
     Administration (NASA)'' received on October 3, 2000; to the 
     Committee on Commerce, Science, and Transportation.
       EC-11039. A communication from the Chairman of the Federal 
     Maritime Commission, transmitting, pursuant to law, a report 
     relative to the strategic plan through fiscal year 2005; to 
     the Committee on Commerce, Science, and Transportation.
       EC-11040. A communication from the Associate Administrator 
     for Equal Opportunity Programs, National Aeronautics and 
     Space Administration, transmitting, pursuant to law, the 
     report of a rule entitled ``Nondiscrimination on the Basis of 
     Sex in Education Programs or Activities Receiving Federal 
     Financial Assistance'' (RIN1190-AA28) received on October 3, 
     2000; to the Committee on Commerce, Science, and 
     Transportation.
       EC-11041. A communication from the Chief, Compliance 
     Division, Office of Civil Rights, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Nondiscrimination on the Basis of Sex in Education Programs 
     or Activities Receiving Federal Financial Assistance'' 
     (RIN1190-AA28) received on October 3, 2000; to the Committee 
     on Commerce, Science, and Transportation.
       EC-11042. A communication from the Director of the Office 
     of Civil Rights, Department of Transportation, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Nondiscrimination on the Basis of Sex in Education Programs 
     or Activities Receiving Federal Financial Assistance'' 
     (RIN1190-AA28) received on October 3, 2000; to the Committee 
     on Commerce, Science, and Transportation.
       EC-11043. A communication from the Acting Assistant 
     Administrator for Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Emergency Interim Rule 
     to Prohibit Trap Gear in the Royal Red Shrimp Fishery in the 
     Gulf of Mexico'' (RIN0648-AO52) received on October 3, 2000; 
     to the Committee on Commerce, Science, and Transportation.
       EC-11044. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Sharpchin and Northern 
     Rockfish in the Aleutian Islands Subarea of the Bering Sea 
     and Aleutian Islands Management Area'' received on October 3, 
     2000; to the Committee on Commerce, Science, and 
     Transportation.
       EC-11045. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Sharpchin and Northern 
     Rockfish in the Aleutian Islands Subarea'' received on 
     October 3, 2000; to the Committee on Commerce, Science, and 
     Transportation.
       EC-11046. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Atlantic Highly 
     Migratory Species Fisheries; Atlantic Bluefin Tuna; 
     Adjustment of General Category Daily Retention Limit on 
     Previously Designated Restricted Fishing Days'' received on 
     October 3, 2000; to the Committee on Commerce, Science, and 
     Transportation.

                          ____________________


[[Page 20913]]

                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. MURKOWSKI, from the Committee on Energy and Natural 
     Resources, with an amendment and an amendment to the title:
        S. 1950: A bill to amend the Mineral Leasing Act of 1920 
     to ensure the orderly development of coal, coalbed methane, 
     natural gas, and oil in the Powder River Basin, Wyoming and 
     Montana, and for other purposes (Rept. No. 106-490).
       By Mr. MURKOWSKI, from the Committee on Energy and Natural 
     Resources, with an amendment in the nature of a substitute:
        S. 1969: A bill to provide for improved management of, and 
     increases accountability for, outfitted activities by which 
     the public gains access to and occupancy and use of Federal 
     land, and for other purposes (Rept. No. 106-491).
       By Mr. HATCH, from the Committee on the Judiciary, with an 
     amendment in the nature of a substitute:
        S. 2448: A bill to enhance the protections of the Internet 
     and the critical infrastructure of the United States, and for 
     other purposes.

                          ____________________




                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committee were submitted:

       By Mr. WARNER for the Committee on Armed Services.
       Robert N. Shamansky, of Ohio, to be a Member of the 
     National Security Education Board for a term of four years. 
     (Reappointment)
       Robert B. Pirie, Jr., of Maryland, to be Under Secretary of 
     the Navy.

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

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

                        To be lieutenant general

     Maj. Gen. John D. Hopper Jr., 0000

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

                          To be major general

     Brig. Gen. Paul W. Essex, 0000

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

                        To be lieutenant general

     Maj. Gen. John H. Campbell, 0000

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

                        To be brigadier general

     Col. Lloyd J. Austin III, 0000
     Col. Vincent E. Boles, 0000
     Col. Gary L. Border, 0000
     Col. Thomas P. Bostick, 0000
     Col. Howard B. Bromberg, 0000
     Col. James A. Coggin, 0000
     Col. Michael L. Combest, 0000
     Col. William C. David, 0000
     Col. Martin E. Dempsey, 0000
     Col. Joseph F. Fil Jr., 0000
     Col. Benjamin C. Freakley, 0000
     Col. John D. Gardner, 0000
     Col. Brian I. Geehan, 0000
     Col. Richard V. Geraci, 0000
     Col. Gary L. Harrell, 0000
     Col. Janet E. A. Hicks, 0000
     Col. Jay W. Hood, 0000
     Col. Kenneth W. Hunzeker, 0000
     Col. Charles H. Jacoby Jr., 0000
     Col. Gary M. Jones, 0000
     Col. Jason K. Kamiya, 0000
     Col. James A. Kelley, 0000
     Col. Ricky Lynch, 0000
     Col. Bernardo C. Negrete, 0000
     Col. Patricia L. Nilo, 0000
     Col. F. Joseph Prasek, 0000
     Col. David C. Ralston, 0000
     Col. Don T. Riley, 0000
     Col. David M. Rodriguez, 0000
     Col. Donald F. Schenk, 0000
     Col. Steven P. Schook, 0000
     Col. Gratton O. Sealock II, 0000
     Col. Stephen M. Seay, 0000
     Col. Jeffrey A. Sorenson, 0000
     Col. Guy C. Swan III, 0000
     Col. David P. Valcourt, 0000
     Col. Robert M. Williams, 0000
     Col. W. Montague Winfield, 0000
     Col. Richard P. Zahner, 0000

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

                          To be major general

     Brig. Gen. Lawrence R. Adair, 0000
     Brig. Gen. Buford C. Blount III, 0000
     Brig. Gen. Steven W. Boutelle, 0000
     Brig. Gen. James D. Bryan, 0000
     Brig. Gen. Eddie Cain, 0000
     Brig. Gen. John P. Cavanaugh, 0000
     Brig. Gen. Bantz J. Craddock, 0000
     Brig. Gen. Keith W. Dayton, 0000
     Brig. Gen. Kathryn G. Frost, 0000
     Brig. Gen. Larry D. Gottardi, 0000
     Brig. Gen. Stanley E. Green, 0000
     Brig. Gen. Craig D. Hackett, 0000
     Brig. Gen. Franklin L. Hagenbeck, 0000
     Brig. Gen. Hubert L. Hartsell, 0000
     Brig. Gen. George A. Higgins, 0000
     Brig. Gen. William J. Leszczynski, 0000
     Brig. Gen. Michael D. Maples, 0000
     Brig. Gen. Thomas F. Metz, 0000
     Brig. Gen. Daniel G. Mongeon, 0000
     Brig. Gen. William E. Mortensen, 0000
     Brig. Gen. Eric T. Olson, 0000
     Brig. Gen. Richard J. Quirk III, 0000
     Brig. Gen. Ricardo S. Sanchez, 0000
     Brig. Gen. Gary D. Speer, 0000
     Brig. Gen. Mitchell H. Stevenson, 0000
     Brig. Gen. Charles H. Swannack Jr., 0000
     Brig. Gen. Terry L. Tucker, 0000
     Brig. Gen. John R. Wood, 0000

       The following named officer for appointment as the Chief of 
     Engineers, United States Army, and appointment to the grade 
     indicated while assigned to a position of importance and 
     responsibility under title 10, U.S.C., section 601 and 3036:

                        To be lieutenant general

     Maj. Gen. Robert B. Flowers, 0000

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

                        To be lieutenant general

     Maj. Gen. Charles S. Mahan Jr., 0000

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

                          To be major general

     Brig. Gen. H. Steven Blum, 0000

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

                        To be brigadier general

     Col. William T. Nesbitt, 0000

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

                          To be major general

     Brig. Gen. David P. Rataczak, 0000

                        To be brigadier general

     Col. George J. Robinson, 0000

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

                          To be major general

     Brig. Gen. Willie A. Alexander, 0000

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

                        To be brigadier general

     Col. Carole A. Briscoe, 0000
       The following named officer for appointment in the Reserve 
     of the Army to the grade indicated under title 10, U.S.C., 
     section 12203:

                          To be major general

     Brig. Gen. David J. Kaucheck, 0000

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

                        To be brigadier general

     Col. Daniel F. Perugini, 0000

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

                          To be major general

     Brig. Gen. John E. Stevens, 0000

                        To be brigadier general

     Col. Rick Baccus, 0000
     Col. Abner C. Blalock Jr., 0000
     Col. John M. Braun, 0000
     Brig. Gen. George A. Buskirk Jr., 0000
     Col. James R. Carpenter, 0000
     Col. Craig N. Christensen, 0000
     Col. Paul D. Costilow, 0000
     Col. James P. Daley, 0000
     Col. Charles E. Fleming, 0000
     Col. Charles E. Gibson, 0000
     Col. Michael A. Gorman, 0000
     Col. John F. Holechek Jr., 0000
     Col. Mitchell R. LeClaire, 0000
     Col. Richard G. Maxon, 0000
     Col. Gary A. Pappas, 0000
     Col. Donald H. Polk, 0000
     Col. Robley S. Rigdon, 0000
     Col. Charles T. Robbs, 0000
     Col. Bruce D. Schrimpf, 0000
     Col. Thomas J. Sullivan, 0000
     Col. Brian L. Tarbet, 0000
     Col. Gordon D. Toney, 0000
     Col. Antonio J. Vicens-Gonzalez, 0000
     Col. William L. Waller Jr., 0000
     Col. Charles R. Webb, 0000
     Col. William D. Wofford, 0000
     Col. Kenneth F. Wondrack, 0000
     Col. Ronald D. Young, 0000

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

                          To be major general

     Brig. Gen. William J. Davies, 0000

      

[[Page 20914]]

   Brig. Gen. George T. Garrett, 0000
     Brig. Gen. Dennis A. Kamimura, 0000
     Brig. Gen. Bruce M. Lawlor, 0000
     Brig. Gen. Timothy E. Neel, 0000
     Brig. Gen. Larry W. Shellito, 0000
     Brig. Gen. Darwin H. Simpson, 0000
     Brig. Gen. Edwin H. Wright, 0000

                        To be brigadier general

     Col. George A. Alexander, 0000
     Col. Terry F. Barker, 0000
     Col. John P. Basilica Jr., 0000
     Col. Wesley E. Craig Jr., 0000
     Col. James J. Dougherty Jr., 0000
     Col. Ronald B. Kalkofen, 0000
     Col. Edward G. Klein, 0000
     Col. Thomas P. Luczynski, 0000
     Col. James R. Mason, 0000
     Col. Glen I. Sakagawa, 0000
     Col. Joseph J. Taluto, 0000
     Col. Thomas S. Walker, 0000
     Col. George W. Wilson, 0000
     Col. Ireneusz J. Zembrzuski, 0000

       The following named officers for appointment in the Reserve 
     of the Army to the grades indicated under title 10, U.S.C., 
     section 12203:

                          To be major general

     Brig. Gen. Herbert L. Altshuler, 0000
     Brig. Gen. Richard E. Coleman, 0000
     Brig. Gen. B. Sue Dueitt, 0000
     Brig. Gen. Michael R. Mayo, 0000
     Brig. Gen. Robert S. Silverthorn Jr., 0000
     Brig. Gen. Charles E. Wilson, 0000

                        To be brigadier general

     Col. Michael G. Corrigan, 0000
     Col. John R. Hawkins III, 0000
     Col. Gregory J. Hunt, 0000
     Col. Michael K. Jelinsky, 0000
     Col. Robert R. Jordan, 0000
     Col. David E. Kratzer, 0000
     Col. Michael A. Kuehr, 0000
     Col. Bruce D. Moore, 0000
     Col. Conrad W. Ponder Jr., 0000
     Col. Jerry W. Reshetar, 0000
     Col. Bruce E. Robinson, 0000
     Col. James R. Sholar, 0000
     Col. Edwin E. Spain, 0000
     Col. Stephen B. Thompson, 0000
     Col. George W. Wells Jr., 0000

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

                        To be lieutenant general

       Lt. Gen. Kevin P. Byrnes, 7639

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

                        To be brigadier general

     Col. Kerry G. Denson, 0000

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

                        To be brigadier general

     Col. William W. Goodwin, 0000

       sThe following named officers for appointment in the United 
     States Naval Reserve to the grade indicated under title 10, 
     U.S.C., section 12203:

                           To be rear admiral

     Rear Adm. (lh) John G. Cotton, 0000
     Rear Adm. (lh) Henry F. White Jr., 0000

       The following named officers for appointment in the United 
     States Naval Reserve to the grade indicated under title 10, 
     U.S.C., section 12203:

                    To be rear admiral (lower half)

     Capt. William V. Alford, 0000
     Capt. John P. Debbout, 0000
     Capt. Roger T. Nolan, 0000
     Capt. Stephen S. Oswald, 0000
     Capt. Robert O. Passmore, 0000
     Capt. Gregory J. Slavonic, 0000

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

                           To be rear admiral

     Rear Adm. (lh) Michael R. Johnson, 0000
     Rear Adm. (lh) Charles R. Kubic, 0000

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

                           To be rear admiral

     Rear Adm. (lh) Rodrigo C. Melendez, 0000

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

                           To be vice admiral

     Rear Adm. Richard W. Mayo, 0000

       The following named officer for appointment as Vice Chief 
     of Naval Operations, United States Navy, and appointment to 
     the grade indicated while assigned to a position of 
     importance and responsibility under title 10, U.S.C., 
     sections 601 and 5035:

                             To be admiral

     Vice Adm. William J. Fallon, 0000

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

                           To be vice admiral

     Rear Adm. Toney M. Bucchi, 0000

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

                           To be vice admiral

     Rear Adm. Timothy J. Keating, 0000

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

                           To be vice admiral

     Rear Adm. Martin J. Mayer, 0000

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

                           To be vice admiral

     Vice Adm. Dennis V. McGinn, 0000

       The following named officer for appointment in the United 
     States Marine Corps Reserve to the grade indicated under 
     title 10, U.S.C., section 12203:

                          To be major general

     Brig. Gen. Jack A. Davis, 0000

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

                          To be major general

     Brig. Gen. James R. Battaglini, 0000
     Brig. Gen. James E. Cartwright, 0000
     Brig. Gen. Christopher Cortez, 0000
     Brig. Gen. Gary H. Hughey, 0000
     Brig. Gen. Thomas S. Jones, 0000
     Brig. Gen. Richard L. Kelly, 0000
     Brig. Gen. John F. Sattler, 0000
     Brig. Gen. William A. Whitlow, 0000

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

                          To be major general

     Brig. Gen. John F. Goodman, 0000

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

                        To be brigadier general

     Col. Thomas A. Benes, 0000
     Col. Christian B. Cowdrey, 0000
     Col. Michael E. Ennis, 0000
     Col. Walter E. Gaskin Sr., 0000
     Col. Michael R. Lehnert, 0000
     Col. Joseph J. McMenamin, 0000
     Col. Duane D. Thiessen, 0000
     Col. George J. Trautman III, 0000
     Col. Willie J. Williams, 0000
     Col. Richard C. Zilmer, 0000

       The following named officers for appointment in the United 
     States Marine Corps Reserve to the grade indicated under 
     title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Andrew B. Davis, 0000
     Col. Harold J. Fruchtnicht, 0000

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

                        To be lieutenant general

     Maj. Gen. Gregory S. Newbold, 0000

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

       Air Force nominations beginning Donna L. Kennedy and ending 
     Michael D. Prazak, which nominations were received by the 
     Senate and appeared in the Congressional Record on July 25, 
     2000.
       Air Force nominations beginning Franklin C. Albright and 
     ending Lewis F. Wolf, which nominations were received by the 
     Senate and appeared in the Congressional Record on July 25, 
     2000.
       Air Force nomination of Warren S. Silberman, which was 
     received by the Senate and appeared in the Congressional 
     Record on September 6, 2000.
       Air Force nomination of James C. Seaman, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 12, 2000.
       Air Force nominations beginning George M. Abernathy and 
     ending Richard M. Zink, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     September 21, 2000.
       Air Force nominations beginning Douglas N. Barlow and 
     ending Gregory E. Seely, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     September 28, 2000.
    
    
    
[[Page 20915]]

       Air Force nominations beginning John B. Stetson and ending 
     Christine E. Tholen, which nominations were received by the 
     Senate and appeared in the Congressional Record on October 2, 
     2000.
       Army nominations beginning John W. Alexander, Jr. and 
     ending Donald L. Wilson, which nominations were received by 
     the Senate and appeared in the Congressional Record on July 
     10, 2000.
       Army nominations beginning Bruce D. Adams and ending Vikram 
     P. Zadoo, which nominations were received by the Senate and 
     appeared in the Congressional Record on July 25, 2000.
       The following named officers for appointment in the Reserve 
     of the Army to the grades indicated under Title 10, U.S.C., 
     Section 12203:

                          To be major general

     Brig. Gen. George F. Bowman, 0000
     Brig. Gen. Lloyd D. Burtch, 0000
     Brig. Gen. Alfonsa Gilley, 0000
     Brig. Gen. James R. Helmly, 0000
     Brig. Gen. Dennis E. Klein, 0000

                        To be brigadier general

     Col. James A. Cheatham, 0000
     Col. George R. Fay, 0000
     Col. Charles E. Gorton, 0000
     Col. John H. Kern, 0000
     Col. Charles E. McCartney, 0000
     Col. Jack C. Stultz, Jr., 0000
     Col. Stephen D. Tom, 0000
     
       Army nominations beginning Daniel G. Aaron and ending 
     X2457, which nominations were received by the Senate and 
     appeared in the Congressional Record on July 27, 2000.
       The following Army National Guard of the United States 
     officer for appointment in the Reserve of the Army to the 
     grade indicated under title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Bradford C. Brightman, 0000

       The following named officer for appointment in the Reserve 
     of the Army to the grade indicated under title 10. U.S.C., 
     section 12203:

                          To be major general

     Brig. Gen. H. Douglas Robertson, 0000

       Army nomination of Merritt M. Smith, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 6, 2000.
       Army nominations beginning James M. Davis and ending 
     Lanneau H. Siegling, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     6, 2000.
       Army nomination of John Espinosa, which was received by the 
     Senate and appeared in the Congressional Record on September 
     6, 2000.
       Army nomination of Albert L. Lewis, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Army nominations beginning Philip C. Caccese and ending 
     Donald E. McLean, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     7, 2000.
       Army nominations beginning Richard W.J. Cacini and ending 
     Carlos A. Trejo, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     7, 2000.
       Army nominations beginning Melvin Lawrence Kaplan and 
     ending George Raymond Ripplinger, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on September 7, 2000.
       Army nomination of * Michael Walker, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Army nominations beginning Eddie L. Cole and ending 
     Christopher A. White, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     12, 2000.
       Army nominations beginning Jeanne J. Blaes and ending 
     Janelle S. Weyn, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     12, 2000.
       Army nominations beginning * Patrick N. Bailey and ending * 
     Jeffrey L. Zust, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     12, 2000.
       Army nominations beginning Timothy F. Abbott and ending * 
     X4076, which nominations were received by the Senate and 
     appeared in the Congressional Record on September 12, 2000.
       Navy nomination of Bradley S. Russell, which was received 
     by the Senate and appeared in the Congressional Record on May 
     11, 2000.
       Navy nomination of Douglas M. Larratt, which was received 
     by the Senate and appeared in the Congressional Record on 
     July 25, 2000.
       Navy nominations beginning Felix R. Tormes and ending 
     Christopher F. Beaubien, which nominations were received by 
     the Senate and appeared in the Congressional Record on July 
     25, 2000.
       Navy nominations beginning Ava C. Abney and ending Michael 
     E. Zimmerman, which nominations were received by the Senate 
     and appeared in the Congressional Record on July 25, 2000.
       Navy nominations beginning William B. Acker III and ending 
     John Zarem, which nominations were received by the Senate and 
     appeared in the Congressional Record on July 26, 2000.
       Navy nomination of Keith R. Belau, which was received by 
     the Senate and appeared in the Congressional Record on July 
     27, 2000.
       Navy nomination of Randall J. Bigelow, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 6, 2000.
       Navy nomination of Robert G. Butler, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Vito W. Jimenez, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Michael P. Tillotson, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Michael W. Altiser, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Melvin J. Hendricks, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Glenn A. Jett, which was received by the 
     Senate and appeared in the Congressional Record on September 
     7, 2000.
       Navy nomination of Joseph T. Mahachek, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Robert J. Werner, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Marian L. Celli, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nomination of Stephen M. Trafton, which was received 
     by the Senate and appeared in the Congressional Record on 
     September 7, 2000.
       Navy nominations beginning Eric M. Aaby and ending Anthony 
     E. Zerangue, which nominations were received by the Senate 
     and appeared in the Congressional Record on September 12, 
     2000.
       Navy nominations beginning William S. Abrams II and ending 
     Michael Ziv, which nominations were received by the Senate 
     and appeared in the Congressional Record on September 12, 
     2000.
       Navy nomination of Jeffrey N. Rocker, which was received by 
     the Senate and appeared in the Congressional Record on 
     September 13, 2000.
       Navy nominations beginning Jerry C. Mazanowski and ending 
     James S. Carmichael, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     13, 2000.
       Navy nominations beginning Michael W. Bastian and ending 
     Steven C. Wurgler, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     21, 2000.
       Marine Corps nominations beginning Jack G. Abate and ending 
     Jeffrey G. Young, which nominations were received by the 
     Senate and appeared in the Congressional Record on July 27, 
     2000.
       Marine Corps nomination of Gerald A. Cummings, which was 
     received by the Senate and appeared in the Congressional 
     Record on September 7, 2000.
       Marine Corps nomination of David L. Ladouceur, which was 
     received by the Senate and appeared in the Congressional 
     Record on September 13, 2000.
       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 106-23 International Plant Protection 
     Convention (Exec. Report No. 106-27).

     Text of Committee-Recommended Resolution of Advice and Consent

       Resolved, (two thirds of the Senators present concurring 
     there), That the Senate advise and consent to the 
     ratification of the International Plant Protection Convention 
     (IPPC), Adopted at the Conference of the Food and Agriculture 
     Organization (FAO) of the United Nations at Rome on November 
     17, 1997 (Treaty Doc. 106-23), referred to in this resolution 
     of ratification as ``the amended Convention,'' subject to the 
     understandings of subsection (a), the declaration of 
     subsection (b) and the provisos of subsection (c).
       (a) Understandings.--The advice and consent of the Senate 
     is subject to the following understandings, which shall be 
     included in the instrument of ratification of the amended 
     Convention and shall be binding on the President:
       (1) Relationship to other international agreements.--The 
     United States understands that nothing in the amended 
     Convention is to be interpreted in a manner inconsistent 
     with, or alters the terms or effect of, the World Trade 
     Organization Agreement on the Application of Sanitary or 
     Phytosanitary Measures (SPS Agreement) or other relevant 
     international agreements.
       (2) Authority to take measures against pests.--The United 
     States understands that nothing in the amended Convention 
     limits the authority of the United States, consistent with 
     the SPS Agreement, to take

[[Page 20916]]

     sanitary or phytosanitary measures against any pest to 
     protect the environment or human, animal, or plant life or 
     health.
       (3) Article xx (``technical assistance'').--The United 
     States understands that the provisions of Article XX entail 
     no binding obligation to appropriate funds for technical 
     assistance.
       (b) Declaration.--The advice and consent of the Senate is 
     subject to the following declaration:
       Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the State Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Provisos.--The advice and consent of the Senate is 
     subject to the following:
       (1) Report to congress.--One year after the date the 
     amended Convention enters into force for the United States, 
     and annually thereafter for five years, the Secretary of 
     Agriculture, in consultation with the Secretary of State, 
     shall provide a report on Convention implementation to the 
     Committee on Foreign Relations of the Senate setting forth at 
     least the following:
       (A) a discussion of the sanitary or phytosanitary standard-
     setting activities of the IPPC during the previous year;
       (B) a discussion of the sanitary or phytosanitary standards 
     under consideration or planned for consideration by the IPPC 
     in the coming year;
       (C) information about the budget of the IPPC in the 
     previous fiscal year; and
       (D) a list of countries which have ratified or accepted the 
     amended Convention, including dates and related particulars.
       (2) Supremacy of the constitution.--Nothing in the amended 
     Convention requires or authorizes legislation or other action 
     by the United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

                          ____________________



              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

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

           By Mr. HATCH:
       S. 3161. A bill to amend title XVIII of the Social Security 
     Act to require the Medicare Payment Advisory Commission to 
     conduct a study on certain hospital costs; to the Committee 
     on Finance.
           By Mr. HATCH:
       S. 3162. A bill to amend the Omnibus Crime Control and Safe 
     Streets Act of 1968 to make grants to improve security at 
     schools, including the placement and use of metal detectors; 
     to the Committee on the Judiciary.
           By Mr. HATCH:
       S. 3163. A bill to designate the calendar decade beginning 
     on January 1, 2001, as the ``Decade of Pain Control and 
     Research''; to the Committee on the Judiciary.
           By Mr. BAYH (for himself, Mr. Grams, Mr. Leahy, and Mr. 
             Cleland):
       S. 3164. A bill to protect seniors from fraud; to the 
     Committee on the Judiciary.
           By Mr. ROTH (for himself, Mr. Moynihan, Mr. Jeffords, 
             Mr. Murkowski, Mr. Hatch, and Mr. Kerrey):
       S. 3165. A bill to amend the Social Security Act to make 
     corrections and refinements in the Medicare, Medicaid, and 
     SCHIP health insurance programs, as revised by the Balanced 
     Budget Act of 1997 and the Medicare, Medicaid, and SCHIP 
     Balanced Budget Refinement Act of 1999, and for other 
     purposes; read the first time.
           By Mr. BINGAMAN:
       S. 3166. A bill to amend the Clinger-Cohen Act of 1996 to 
     provide individual federal agencies and the executive branch 
     as a whole with increased incentives to use the share-in-
     savings program under that Act, to ease the use of such 
     program, and for other purposes; to the Committee on 
     Governmental Affairs.
           By Mr. DOMENICI (for himself and Mr. Bingaman):
       S. 3167. A bill to establish a physician recruitment and 
     retention demonstration project under the medicare program 
     under title XVIII of the Social Security Act; to the 
     Committee on Finance.
           By Mr. TORRICELLI:
       S. 3168. A bill to eliminate any limitation on indictment 
     for sexual offenses and make awards to States to reduce their 
     DNA casework backlogs; to the Committee on the Judiciary.
           By Mr. SESSIONS (for himself, Mr. Bingaman, Mr. Allard 
             , Mr. Johnson, Mr. Crapo, and Mrs. Lincoln):
       S. 3169. A bill to amend the Federal Food, Drug, and 
     Cosmetic Act and the International Revenue Code of 1986 with 
     respect to drugs for minor animal species, and for other 
     purposes; to the Committee on Finance.
           By Mr. DODD (for himself, Ms. Collins, and Mr. 
             Kennedy):
       S. 3170. A bill to amend the Higher Education Act of 1965 
     to assist institutions of higher education to help at-risk 
     students to stay in school and complete their 4-year 
     postsecondary academic programs by helping those institutions 
     to provide summer programs and grant aid for such students, 
     and for other purposes; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mr. MURKOWSKI (for himself, Mr. Breaux, and Mr. 
             Stevens):
       S. 3171. A bill to amend the Internal Revenue Code of 1986 
     to extend the section 29 credit for producing fuel from a 
     non-conventional source; to the Committee on Finance.
           By Mr. KENNEDY:
       S. 3172. A bill to provide access to affordable health care 
     for all Americans; to the Committee on Finance.
           By Mr. SMITH of New Hampshire (for himself, Mr. Warner, 
             Mr. Inhofe, Mr. Thomas, Mr. Bond, Mr. Voinovich, Mr. 
             Crapo, Mr. L. Chafee, Mr. Baucus, Mr. Moynihan, and 
             Mr. Graham):
       S. 3173. A bill to improve the implementation of the 
     environmental streamlining provisions of the Transportation 
     Equity Act for the 21st Century; read the first time.
           By Mr. ABRAHAM:
       S. 3174. A bill to amend the Internal Revenue Code of 1986 
     to allow a long-term capital gains deduction for individuals; 
     to the Committee on Finance.
           By Mr. CRAIG (for himself, Mr. Conrad, Mr. Baucus, Mr. 
             Bingaman, Mr. Breaux, Mr. Burns, Mr. Crapo, Mr . 
             Daschle, Mr. Enzi, Mr. Gorton, Mr. Gramm, Mr. Grams, 
             Mr. Gregg, Mr. Harkin, Mrs. Hutchison, Mr. Jeffords, 
             Mr. Johnson, Mr. Kennedy, Mr. Kerrey, Mr. Leahy, Mr. 
             Lugar, Ms. Mikulski, Mrs. Murray, Mr. Reed, Mr. 
             Sarbanes, Mr. Smith of New Hampshire, Mr. Thomas, and 
             Mr. Wellstone):
       S. 3175. A bill to amend the Consolidated Farm and Rural 
     Development Act to authorize the National Rural Development 
     Partnership, and for other purposes; to the Committee on 
     Agriculture, Nutrition, and Forestry.

                          ____________________



            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. MACK:
       S. Res. 367. A resolution urging the Government of Egypt to 
     provide a timely and open appeal for Shaiboub William Arsel 
     and to complete an independent investigation of police 
     brutality in Al-Kosheh; to the Committee on Foreign 
     Relations.
           By Mr. BROWNBACK (for himself and Mr. Torricelli):
       S. Con. Res. 142. A concurrent resolution relating to the 
     reestablishment of representative government in Afghanistan; 
     to the Committee on Foreign Relations.
           By Mr. MURKOWSKI (for himself and Mr. Bingaman):
       S. Con. Res. 143. A concurrent resolution to make technical 
     corrections in the enrollment of the bill H.R. 3676; 
     considered and agreed to.
           By Mr. LOTT (for himself and Mr. Daschle):
       S. Con. Res. 144. A concurrent resolution commemorating the 
     200th anniversary of the first meeting of Congress in 
     Washington, DC; considered and agreed to.

                          ____________________



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      Mr. BAYH (for himself, Mr. Grams, Mr. Leahy, and Mr. Cleland):
  S. 3164. A bill to protect seniors from fraud; to the Committee on 
the Judiciary.


                   protecting seniors from fraud act

  Mr. BAYH. Mr. President, today I rise as the author of the Protecting 
Seniors From Fraud Act, a bipartisan bill to prevent fraud against 
seniors.
  The Protecting Seniors From Fraud Act is extremely important because 
seniors are disproportionately victims of telemarketing and sweepstakes 
fraud. Even though Americans over the age of 50 account for 
approximately 27% of the United States population, they comprise 56% of 
the ``mooch lists'' used by fraudulent telemarketers. Unfortunately, 
fraudulent telemarketers prey upon the trusting nature of seniors and 
as a result seniors lose approximately $14.8 billion each year.
  This can be prevented if seniors are educated about their consumer 
rights and are informed about methods that are available to them to 
confirm the legitimacy of an investment or product. According to a 
national survey, 70% of older fraud victims say it is difficult to 
identify when fraud is happening and 40% of older Americans cannot 
distinguish between a legitimate

[[Page 20917]]

and a fraudulent telemarketing sales call. There is a need to educate 
seniors about the dangers of fraud and how to avoid becoming a victim 
of fraud. As a first step to educate seniors in my state of Indiana 
about fraud prevention, I held a Special Committee on Aging field 
hearing on protecting seniors from fraud.
  I heard testimony from two victims of investment scams in which both 
lost a large sum of their retirement. Mrs. Georgeanne MaCurdy lost 
close to $150,000 and Mr. Owen Saltzgaver lost close to $50,000. Mr. 
Saltzgaver said ``It was a scam from the beginning, I wish I knew,'' 
and Mrs. Georgeanne MaCurdy stated ``It is the first thing I think of 
when I get up in the morning and the last thing I think of when I go to 
sleep. I thought I could trust him.''
  At this hearing I highlighted the Protecting Seniors From Fraud Act. 
This bill would provide necessary resources to local programs part of 
the National Association of TRIADs, a community-policing program that 
partners law enforcement agencies with senior volunteers to reduce 
crime and fraud against the elderly. There are 725 counties with TRIADs 
nationwide. They help more than 16 million seniors. During the field 
hearing, Captain Ed Friend, the leader of the TRIAD program in South 
Bend, Indiana, testified about the importance of combating fraud and 
how the South Bend TRIAD program has been providing seminars to Seniors 
on fraud prevention. He made clear that without federal funding TRIADs' 
nationwide efforts would have to cease. The authorization for Federal 
funding provided in this bill should ensure the continuation of TRIADs' 
efforts. In order to assist TRIAD with those efforts, this bill also 
requires the Health and Human Services Department to disseminate 
information to seniors on fraud prevention through the Area Agencies on 
Aging and other existing senior-focused programs.
  In addition to educating seniors, this bill contains provisions which 
would include seniors in the crime victimization survey and would 
require the United States Attorney General to conduct a study of crimes 
committed against seniors. I thank Senator Leahy for his leadership on 
this issue. These provisions would allow Congress to gather more 
information on crimes against seniors in order to react with 
appropriate legislative action.
  Education is one of many steps that needs to be taken to prevent 
fraud. I also introduced the ``Combating Fraud Against Seniors Act'' 
this year to increase enforcement measures and toughen penalties 
against those promoting fraudulent schemes through mass-marketing. 
Education and tougher penalties will hopefully protect seniors from 
fraud.
  Protecting seniors from fraud is of growing importance as our 
population ages and more seniors save more money for their retirement. 
Our seniors deserve to be informed and their investments deserve to be 
secure. I urge the Senate to consider this bipartisan legislation and 
pass it prior to adjournment.
  Mr. LEAHY. Mr. President, I join today with Senators Bayh, Grams, and 
Cleland in introducing the ``Protecting Seniors from Fraud Act of 
2000.'' I have been concerned for some time that even as the general 
crime rate has been declining steadily over the past eight years, the 
rate of crime against the elderly has remained unchanged. That is why I 
introduced the Seniors Safety Act, S. 751, with Senators Daschle, 
Kennedy, and Torricelli over a year ago.
  The Protecting Seniors from Fraud Act includes one of the titles from 
the Seniors Safety Act. This title does two things. First, it instructs 
the Attorney General to conduct a study relating to crimes against 
seniors, so that we can develop a coherent strategy to prevent and 
properly punish such crimes. Second, it mandates the inclusion of 
seniors in the National Crime Victimization Study. Both of these are 
important steps, and they should be made law.
  The Protecting Seniors from Fraud Act also includes important 
proposals for addressing the problem of crimes against the elderly, 
especially fraud crimes. In addition to the provisions described above, 
the bill authorizes the Secretary of Health and Human Services to make 
grants to establish local programs to prevent fraud against seniors and 
educate them about the risk of fraud, as well as to provide information 
about telemarketing and sweepstakes fraud to seniors, both directly and 
through State Attorneys General. These are two common-sense provisions 
that will help seniors protect themselves against crime.
  I hope that we can also take the time to consider the rest of the 
Seniors Safety Act, and enact even more comprehensive protections for 
our seniors. The Seniors Safety Act offers a comprehensive approach 
that would increase law enforcement's ability to battle telemarketing, 
pension, and health care fraud, as well as to police nursing homes with 
a record of mistreating their residents. The Justice Department has 
said that the Seniors Safety Act would ``be of assistance in a number 
of ways.'' I asked Senator Hatch to hold Judiciary Committee hearings 
on the bill as long ago as October 1999, and again this past February, 
but my requests have thus far not been granted. I ask again today for 
hearings on this important and comprehensive proposal.
  First, the Seniors Safety Act provides additional protections to 
nursing home residents. Nursing homes provide an important service for 
our seniors--indeed, more than 40 percent of Americans turning 65 this 
year will need nursing home care at some point in their lives. Many 
nursing homes do a wonderful job with a very difficult task--this 
legislation simply looks to protect seniors and their families by 
isolating the bad providers in operation. It does this by giving 
federal law enforcement the authority to investigate and prosecute 
operators of those nursing homes that engage in a pattern of health and 
safety violations. This authority is all the more important given the 
study prepared by the Department of Health and Human Services and 
reported this summer in the New York Times showing that 54 percent of 
American nursing homes fail to meet the Department's ``proposed minimum 
standard'' for patient care. The study also showed that 92 percent of 
nursing homes have less staff than necessary to provide optimal care.
  Second, the Seniors Safety Act helps protect seniors from 
telemarketing fraud, which costs billions of dollars every year. My 
bill would give the Attorney General the authority to block or 
terminate telephone service where that service is being used to defraud 
seniors. If someone takes your money at gunpoint, the law says we can 
take away their gun. If someone uses their phone to take away your 
money, the law should allow us to protect other victims by taking their 
phone away. In addition, my proposal would establish a Better Business 
Bureau-style clearinghouse that would keep track of complaints made 
about telemarketing companies. With a simple phone call, seniors could 
fine out whether the company trying to sell to them over the phone or 
over the Internet has been the subject of complaints or been convinced 
of fraud. Senator Bayh has recently introduced another bill, S. 3025, 
the Combating Fraud Against Seniors Act, which includes the part of the 
Seniors Safety Act that establishes the clearinghouse for telemarketing 
fraud information.
  Third, the Seniors Safety Act punishes pension fraud. Seniors who 
have worked hard for years should not have to worry that their hard-
earned retirement savings will not be there when they need them. The 
bill would create new criminal and civil penalties for those who 
defraud pension plans, and increase the penalties for bribery and graft 
in connection with employee benefit plans.
  Fourth and finally, the Seniors Safety Act strengthens law 
enforcement's ability to fight health care fraud. A recent study by the 
National Institute for Justice reports that many health care fraud 
schemes ``deliberately target vulnerable populations, such as the 
elderly or Alzheimer's patients, who are less willing or able to 
complain or alert law enforcement.'' This legislation gives law 
enforcement the additional investigatory tools it needs to

[[Page 20918]]

uncover, investigate, and prosecute health care offenses in both 
criminal and civil proceedings. It also protects whistle-blowers who 
alert law enforcement officers to examples of health care fraud.
  In conclusion, I would like to commend Senators Bayh and Cleland for 
working to take steps to improve the safety and security of America's 
seniors. I call upon my colleagues to pass this bipartisan legislation 
and begin the fight to lower the crime rate against seniors. I also 
urge them to consider and pass the Seniors Safety Act. Taken together, 
these two bills would provide a comprehensive approach toward giving 
law enforcement and older Americans the tools they need to prevent 
crime.
                                 ______
                                 
      By Mr. ROTH (for himself, Mr. Moynihan, Mr. Jeffords, Mr. 
        Murkowski, Mr. Hatch, and Mr. Kerrey):
  S. 3165. A bill to amend the Social Security Act to make corrections 
and refinements in the Medicare, Medicaid, and SCHIP health insurance 
programs, as revised by the Balanced Budget Act of 1997 and the 
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999, 
and for other purposes; read the first time.


         Medicare, Medicaid and SCHIP Improvements Act of 2000

  Mr. ROTH. Mr. President, I am very pleased today to join Senator 
Moynihan and my other colleagues on the Senate Finance Committee in 
introducing the Medicare, Medicaid and SCHIP Improvements Act of 2000. 
This is important, bipartisan legislation intended to address needed 
health care funding and other improvements in these programs that are 
so important to millions of Americans. Every year on the Finance 
Committee we maintain watchful oversight of these critical programs to 
make sure that beneficiary access to services is maintained, and that 
payments and benefits are adjusted to meet beneficiaries' needs. This 
bill would add about $28 billion in funds to these programs over the 
next five years. Following are some of the highlights of this 
legislation.
  (1) Medicare beneficiary assistance provisions would reduce 
coinsurance liability for hospital outpatient services; improve access 
to Medigap coverage; permit Medicare+Choice plans to give beneficiaries 
cash rebates of Part B premiums; protect access to immunosuppressive, 
cancer, hemophilia and other drugs, and extend Part B premium 
assistance for lower-income beneficiaries.
  (2) Preventive health benefits would expand existing or add new 
coverage for pap smears, colorectal cancer screening, and nutrition 
therapy, and request further work on effective preventive benefits for 
later consideration in Medicare.
  (3) Rural health care improvements address service capacity and 
access to services through increased payments for critical access, 
sole-community and Medicare-dependent hospitals. The package also 
includes provisions for rural health clinics, ambulance services, and 
telemedicine. Rural hospitals, skilled nursing facilities and home 
health agencies also benefit from general financing improvements 
detailed in other sections.
  (4) Medicare+Choice provisions stabilize and improve funding for 
beneficiaries electing to enroll in privately-offered Medicare+Choice 
plans, with special attention to rural communities; restore funding for 
beneficiary education campaigns; and provide additional assistance for 
frail, disabled and rural beneficiaries.
  (5) Hospital funding improvements increase annual payment updates; 
improve disproportionate share hospital (DSH) payments under Medicare 
and Medicaid for providing uncompensated care to uninsured patients; 
reform Medicare's DSH program to reduce disparities in the treatment of 
rural and urban hospitals; add funding for rehabilition hospitals; and 
protect payments for teaching hospitals.
  (6) Skilled nursing facility (SNF) provisions improve funding, 
maintain access to therapy services, and reduce regulatory burdens by 
delaying implementation of consolidated billing.
  (7) Home health and hospice provisions protect funding for home 
health services by delaying a scheduled 15% cut in payments; increasing 
funding for high-cost outlier cases, and making special temporary 
payments to rural agencies. Hospice provisions improve funding, require 
research on issues related to eligibility for the benefit and establish 
a hospice demonstration program.
  (8) Dialysis and durable medical equipment (DME) provisions improve 
payments for DME for all Medicare beneficiaries, and for services 
received by individuals with end-stage renal disease, as well as 
enhancing their opportunities to participate in the Medicare+Choice 
program.
  (9) Additional provisions address physician, laboratory, ambulatory 
surgery center and other medical services. The package also creates a 
Joint Committee on Health Care Financing to provide professional 
support to the Congress in addressing the burgeoning cost and 
legislative complexity of the Medicare, Medicaid and State Children's 
Health Insurance programs and monitoring the viability of safety net 
providers.
  (10) Medicaid and SCHIP provisions improve the financing of and 
access to services provided by federally qualified health centers and 
rural health clinics; establish policies for the retention and 
redistribution of unspent SCHIP funds; increase authorization for the 
Maternal and Child Health Block Grant; and add funding for special 
diabetes programs for children and Native Americans.
  I would like to accomplish even more this year, especially in the 
Medicare program. For instance, I remain committed to securing 
comprehensive drug benefits for the aged and disabled beneficiaries in 
Medicare. I will continue to work towards that goal. However, I am 
pleased that we were able to achieve bipartisan support for these 
improvements and I will continue my efforts to build the bipartisan 
consensus needed to proceed on larger Medicare reforms in the near 
future.
  Mr. MOYNIHAN. Mr. President, I am pleased to join with Senator Roth, 
distinguished chairman of the Finance Committee, in sponsoring the 
Medicare, Medicaid, and SCHIP Improvement Act of 2000.
  As part of the effort to balance the Federal Budget, the Balanced 
Budget Act of 1997 (BBA) provided for reduction in Medicare payments 
for medical services. At the time of enactment, the Congressional 
Budget Office (CBO) estimated that these provisions would reduce 
Medicare outlays by $112 billion over 5 years. We now know that these 
BBA cuts have been much larger than originally anticipated--some argue 
twice as large, although it's difficult to determine this with any 
precision.
  Hospital industry representatives and other providers of health care 
services have asserted that the magnitude of the reductions are having 
unintended consequences which are seriously impacting the quantity and 
quality of health care services available to our citizens.
  Last year, the Congress addressed some of those unintended 
consequences, by enacting the Balanced Budget Refinement Act (BBRA), 
which added back $16 billion over 5 years in payments to various 
Medicare providers, including: Teaching Hospitals; Hospital Outpatient 
Departments; Medicare HMOs (Health Maintenance Organizations); Skilled 
Nursing Facilities; Rural Health Providers; and Home Health Agencies.
  However, Members of Congress are continuing to hear from providers 
who argue that the 1997 reductions are still having serious 
unanticipated consequences.
  To respond to these continuing problems, the President last June 
proposed additional BBA relief in the amount of $21 billion over the 
next 5 years. On September 20, Senator Daschle and I, along with 32 of 
our Democratic colleagues, introduced a similar, but more substantial, 
BBA relief package that would provide about $40 billion over 5 years in 
relief to health care providers and beneficiaries. Today, along with 
Senator Roth, I am pleased to be cosponsoring a bipartisan BBA relief 
bill to provider about $28 billion in relief over 5 years.

[[Page 20919]]

  I want, in particular, to highlight that this legislation would--for 
fiscal years 2001 and 2002--prevent further reductions in the special 
Medicare payments to our Nation's teaching hospitals. A little 
background is in order.
  Medicare provides support to our Nation's teaching hospitals by 
adjusting its payments upward to reflect Medicare's share of costs 
associated with care provided by medical residents. This is 
accomplished under two mechanisms: direct graduate medical education 
(direct GME) payments; and indirect medical education (IME) 
adjustments. Direct GME costs include items such as salaries of 
residents, interns, and faculty and overhead costs for classroom 
training. The separate IME adjustment was established in 1983 and 
pertains to residency training costs that are not directly attributable 
to medical education expenses, but are nevertheless associated with 
teaching activities and the teaching hospital's research mission--for 
example, extra demands placed on hospital staff, additional tests 
ordered by residents, and increased use of diagnostic testing and 
advanced technology. Prior to the BBA, the IME adjustment increased 
Medicare's hospital payments by approximately 7.7 percent for each 10 
percent increase in a hospital's ratio of interns and residents to 
hospital beds.
  The BBA included a reduction in the IME adjustment from the previous 
7.7 percent to 7.0 percent in FY 1998; to 6.5 percent in FY 1999; to 
6.0 percent in FY 2000; and to 5.5 percent in FY 2001 and subsequent 
years. In my judgment, these cuts would have seriously impaired the 
cutting edge research conducted by teaching hospitals, as well as 
impaired their ability to train doctors and to serve so many of our 
nation's indigent.
  Last year, in the BBRA, we mitigated the scheduled reduction in FY 
2000--freezing the IME adjustment at 6.5 percent; and the IME 
adjustment was set at 6.25 percent for FY 2001, and 5.5 percent 
thereafter. The package we are introducing today, would restore $600 
million in funds for FY 2001 and FY 2002 by setting the IME adjustment 
at 6.5 percent in both years. The IME adjustment would then fall to 5.5 
percent thereafter--a reduction which I had hoped to cancel this year, 
and sincerely hope the congress will cancel in future legislation.
  I have stood before my colleagues on countless occasions to bring 
attention to the financial plight of medical schools and teaching 
hospitals. Yet, I regret that the fate of the 144 accredited medical 
schools and 1416 graduate medical education teaching institutions still 
remains uncertain. The proposals in this bill will provide critically 
needed financing--at least in the short-run.
  In the long-run, however, we need to restructure the financing of 
graduate medical education along the lines I have proposed in the 
Graduate Medical Education Trust fund Act (S. 210). What is needed is 
explicit and dedicated funding for these institutions, which will 
ensure that the United States continues to lead the world in this era 
of medical discovery. The Graduate Medical Education Trust Fund Act 
would require that the public sector, through the Medicare and Medicaid 
programs, and the private sector through an assessment on health 
insurance premiums, provide broad-based financial support for graduate 
medical education. S. 210 would roughly double current funding levels 
for Graduate Medical Education and would establish a Medical Education 
Advisory Commission to make recommendations on the operation of the 
Medical Education Trust Fund, on alternative payment sources for 
funding graduate medical education and teaching hospitals, and on 
policies designed to maintain superior research and educational 
capacities.
  In addition to restoring much needed funding to our Nation's teaching 
hospitals for the next two years, this bill would add back funding in 
many vital areas of health care. Key provisions of the bill we are 
introducing today would: provide full market basket (inflation) 
adjustments to hospitals for 2001 and 2002; target additional relief to 
rural hospitals; reduce cuts in payments to hospitals for handling 
large numbers of low-income patients (referred to as ``disproportionate 
share (DSH) hospital payments''); delay the scheduled 15 percent cut in 
payments to home health agencies; improve funding for skilled nursing 
facilities; and assist beneficiaries through preventive benefits and 
smaller coinsurance payments.
  Let me close by again complimenting Senator Roth on developing this 
bill on a bipartisan basis and expressing my hope that the forthcoming 
information negotiations with committees of the House will be similarly 
conducted on a bipartisan basis.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 3166. A bill to amend the Clinger-Cohen Act of 1996 to provide 
individual federal agencies and the executive branch as a whole with 
increased incentives to use the share-in-savings program under that 
Act, to ease the use of such program, and for other purposes; to the 
Committee on Governmental Affairs.


information technology share-in-savings program improvement act of 2000

  Mr. BINGAMAN. Mr. President, today I'm introducing a bill designed to 
lower the cost of the government's information technology systems and 
improve how those systems serve our citizens by encouraging greater use 
of a ``share-in-savings'' approach to contracting for information 
technology (IT).
  Under a share-in-savings approach, the government contracts with a 
company to provide an improved, lower cost IT service and the company 
pays the up-front costs of the project, which is not the usual 
practice. In return, the contractor gets paid a portion of the money 
saved by the government under the new arrangement. Essentially, the 
contractor bears the capital costs needed for the government to save 
some money and has a strong incentive to decrease the government's 
costs because they get paid a portion of any savings.
  Although this approach to IT contracting is authorized as a pilot 
program under the Clinger-Cohen Act, I understand the executive branch 
has not made much use of this approach to date. Hence, I believe there 
are opportunities for greater creativity in this area if we give the 
agencies greater incentives.
  Basically, my bill does three things. First, and most importantly, it 
gives agencies an incentive to try a share-in-savings approach by 
letting them keep up to half the government's net savings to use for 
additional IT projects, rather than having all the net savings going 
back to the Treasury. It's just human nature that if you ask someone to 
do something risky--like a new IT system--but all the benefits go 
elsewhere, they're not going to be very inclined to do it. That is, 
unless they get to keep some of the benefits to improve their own 
operations--which is what this bill let's them do. The point here is 
that the more agency managers actually are willing to use this 
approach, the more money the taxpayer will save in the long run.
  There's precedent for this with regard to certain Energy Savings 
Performance Contracts. Under a provision applicable to the Department 
of Defense, local base commanders can keep a portion of the savings 
from those contracts to purchase more energy saving equipment or even 
for morale and recreation purposes.
  Second, my bill gives the executive branch as a whole an incentive to 
try share-in-savings contracting for IT by allowing the pilot program 
to graduate to a regular authority once a significant number of 
projects have been done, the approach has been found to be useful, and 
guidance on how to use the authority has been issued. This gives the 
top levels of the executive branch a goal to push toward.
  Finally, my bill will ease implementation of share-in-savings 
contracting by allowing agency program managers to approve the 
projects, thereby giving them greater autonomy and streamlining the 
selection process. Currently, share-in-savings IT projects must be 
approved by the Administrator of Federal Procurement, a very high level 
in the executive branch.
  In sum, my bill will encourage greater use of the share-in-savings 
approach

[[Page 20920]]

to IT contracting under the Clinger-Cohen Act by giving the agencies a 
portion of the savings to reinvest; the executive branch a goal; and 
the program managers more autonomy.
  I had originally planned to introduce this as an amendment to the 
Treasury, Postal Appropriations bill. But, because it doesn't look like 
we'll have a chance to really debate that bill this year, I've decided 
to introduce this bill today to get my proposal before the Senate.
  Now, to give some credit where credit is due, I got interested in 
this topic because of a piece I saw in Roll Call on E-Government by 
Patricia McGinnis of the Council for Excellence in Government. In it 
she mentioned the idea of letting agencies retain some of the IT 
savings they achieve in order to reinvest it in more IT.
  I also understand that the Governmental Affairs Committee recently 
put up a web site to discuss potential e-government policies and 
legislation. And, I was glad to learn that the share-in-savings 
approach to IT is one of its topics.
  So, I hope the Governmental Affairs committee will take a thorough 
look at the ideas in my bill. I look forward to working with them to 
find new ways to save the taxpayer money while improving the services 
they are provided.
  Mr. President, I ask unanimous consent that the text of my bill and a 
letter from Ms. McGinnis in support of the amendment I'd planned be 
included in the Record at the conclusion of my remarks.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3166

       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 ``Information Technology 
     Share-in-Savings Program Improvement Act of 2000''.

     SEC. 2. PURPOSES.

       The purposes of this Act are to provide individual federal 
     agencies and the executive branch as a whole with increased 
     incentives to use the share-in-savings program under the 
     Clinger-Cohen Act of 1996 and to ease the use of such 
     program.

     SEC. 3. EXPANSION OF AUTHORITY.

       Section 5311 of the Clinger-Cohen Act of 1996 (divisions D 
     and E of Public Law 104-106; 110 Stat. 692; 40 U.S.C. 1491) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``the heads of two executive agencies to 
     carry out '' and inserting ``heads of executive agencies to 
     carry out a total of five projects under'';
       (B) by striking ``and'' at the end of paragraph (1);
       (C) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(3) encouraging the use of the contracting and sharing 
     approach described in paragraphs (1) and (2) by allowing the 
     head of the executive agency conducting a project under the 
     pilot program--
       ``(A) to retain, out of the appropriation accounts of the 
     executive agency in which savings computed under paragraph 
     (2) are realized as a result of the project, up to the amount 
     equal to half of the excess of--
       ``(i) the total amount of the savings, over
       ``(ii) the total amount of the portion of the savings paid 
     to the private sector source for such project under paragraph 
     (2); and
       ``(B) to use the retained amount to acquire additional 
     information technology.'';
       (2) in subsection (b)--
       (A) by inserting ``a project under'' after ``authorized to 
     carry out''; and
       (B) by striking ``carry out one project and''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Evolution Beyond Pilot Program.--(1) The 
     Administrator may provide general authority to the heads of 
     executive agencies to use a share-in-savings contracting 
     approach to the acquisition of information technology 
     solutions for improving mission-related or administrative 
     processes of the Federal Government if--
       ``(A) after reviewing the experience under the five 
     projects carried out under the pilot program under subsection 
     (a), the Administrator finds that the approach offers the 
     Federal Government an opportunity to improve its use of 
     information technology and to reduce costs; and
       ``(B) issues guidance for the exercise of that authority.
       ``(2) For the purposes of paragraph (1), a share-in-savings 
     contracting approach provides for contracting as described in 
     paragraph (1) of subsection (a) together with the sharing and 
     retention of amounts saved as described in paragraphs (2) and 
     (3) of that subsection.
       ``(3) In exercising the authority provided to the 
     Administrator in paragraph (1), the Administrator shall 
     consult with the Administrator for the Office of Information 
     and Regulatory Affairs.
       ``(d) Availability of Retained Savings.--Amounts retained 
     by the head of an executive agency under subsection (a)(3) or 
     subsection (c) shall, without further appropriation, be 
     available for the executive agency for the acquisition of 
     information technology and shall remain available until 
     expended. Amounts so retained from any appropriation of the 
     executive agency not otherwise available for the acquisition 
     of information technology shall be transferred to any 
     appropriation of the executive agency that is available for 
     such purpose.''.
                                  ____

                                        The Council for Excellence


                                                in Government,

                                  Washington, DC, August 10, 2000.
     Sen. Jeff Bingaman,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Bingaman: The Council for Excellence in 
     Government applauds your interest in legislation to encourage 
     federal agencies to conduct pilot ``share-in-savings'' 
     partnerships under the Clinger-Cohen Act. We agree that 
     making greater use of ``share-in-savings'' projects will lead 
     to successful public-private joint ventures that can produce 
     savings for the agencies and better results for the American 
     people.
       In particular, we think the approach to encouraging greater 
     use of ``share-in-savings'' partnerships embodied in your 
     planned amendment to this year's Treasury and General 
     Government appropriations bill--allowing agencies to retain 
     some of the savings, and the pilots to easily graduate to a 
     regular authority--deserves serious consideration by 
     Congress.
       As you move forward, you may also want to look at the work 
     of the General Service Administration's (GSA) Federal 
     Technology Center. Ken Buck, Director of Business 
     Innovations, Office of the Commissioner at GSA, is very 
     knowledgeable about the successful methods of contracting and 
     procurement using this approach.
       In fact, the Council is working with GSA to develop case 
     studies of best practices using share-in-savings methods for 
     use by federal agencies. We will share that work with you as 
     soon as it is available.
       Again, thanks for your leadership on this very important 
     issue, which will not only promote e-government but also 
     excellence in government.
           Sincerely,
                                                Patricia McGinnis,
                                                President and CEO.
                                 ______
                                 
      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 3167. A bill to establish a physician recruitment and retention 
demonstration project under the Medicare Program under title XVIII of 
the Social Security Act; to the Committee on Finance.

                          ____________________



            PHYSICIAN RECRUITMENT AND RETENTION ACT OF 2000

  Mr. DOMENICI. Mr. President, I rise today with my friend Senator 
Bingaman to introduce the ``Physician Recruitment and Retention Act of 
2000.''
  Almost like clockwork one can pick up an Albuquerque newspaper and 
read about the shortage of physicians in New Mexico and the resulting 
problems. When individuals have difficulty receiving adequate medical 
treatment, action must be taken.
  For example, in Albuquerque an urban area of almost 700,000 there are 
only two neurosurgeons besides the five practicing at the University of 
New Mexico. Such a ratio can only cause one thing, severe difficulties 
for patients. Thus, a patient recently waited eighteen hours in an 
Albuquerque emergency room before seeing a neurosurgeon.
  I would ask my colleagues the following: what good are hospitals 
filled with the latest technology if there are not enough doctors? And 
what good are modern medical offices if there are not enough doctors to 
treat the patients in a timely manner?
  The problem I have just described is not just occurring in New 
Mexico, rather other states are experiencing similar problems because 
of a common set of problems. I would submit the combination of high 
levels of poverty and low Medicare reimbursement rates causes a twofold 
problem.
  First, patients often have difficulty obtaining timely care and 
second, states cannot effectively recruit and retain their physicians. 
Our Bill builds upon the simple proposition that if Medicare Physician 
reimbursement rates are raised, patients will be the ultimate 
beneficiaries.

[[Page 20921]]

  The Bill we are introducing creates a two state demonstration program 
to address these problems by increasing Medicare Physician 
reimbursements by 5 percent for a period of three years if certain 
criteria are met.
  The Bill also authorizes a GAO study to determine whether: (1) 
patient access to care and the ability of states to recruit and retain 
physicians is adversely impacted when the enumerated factors in the 
previous section are present; and (2) increased Medicare Physician 
reimbursements improve patient access to care and the ability of states 
to recruit and retain physicians.
  Thank you and I look forward to working with my colleague, Senator 
Bingaman, on this very important issue.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3167

       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 ``Physician Recruitment and 
     Retention Act of 2000''.

     SEC. 2. MEDICARE PHYSICIAN RECRUITMENT AND RETENTION 
                   DEMONSTRATION PROJECT.

       (a) Establishment.--The Secretary of Health and Human 
     Services (in this section referred to as the ``Secretary'') 
     shall establish a demonstration project for the purpose of 
     improving--
       (1) access to health care for beneficiaries under part B of 
     the medicare program under title XVIII of the Social Security 
     Act (42 U.S.C. 1395j et seq.); and
       (2) the ability of States to recruit and retain physicians.
       (b) Conduct of Demonstration Project.--
       (1) Demonstration sites.--The demonstration project under 
     this section shall be conducted in 2 sites, which shall be 
     statewide.
       (2) Recruitment and retention of physicians.--Under the 
     demonstration project, the Secretary shall increase by 5 
     percent payments for physicians' services (as defined in 
     section 1861(q) of the Social Security Act (42 U.S.C. 
     1395x(q)) under section 1848 of such Act (42 U.S.C. 1395w-4) 
     to physicians furnishing such services in any State that 
     submits an application under paragraph (3) that is approved 
     by the Secretary under paragraph (4).
       (3) Application.--Any State wishing to participate in the 
     demonstration program shall submit an application to the 
     Secretary at such time, in such manner, and in such form as 
     the Secretary may reasonably require.
       (4) Approval.--The Secretary shall approve the applications 
     of 2 States that, based upon 1998 data, have--
       (A) an uninsured population above 20 percent (as determined 
     by the Bureau of the Census);
       (B) a population eligible for medical assistance under the 
     medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.) above 17 percent (as determined by 
     the Health Care Financing Administration);
       (C) an unemployment rate above 4.8 percent (as determined 
     by the Bureau of Labor Statistics);
       (D) an average per capita income below $21,200 (as 
     determined by the Bureau of Economic Analysis); and
       (E) a geographic practice cost indices component of the 
     reimbursement rate for physicians under the medicare program 
     that is below the national average (as determined by the 
     Health Care Financing Administration).
       (5) Duration.--The demonstration project under this section 
     shall be conducted for a period of 3 years.
       (c) Waiver Authority.--The Secretary may waive such 
     requirements of the medicare program under title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) to the extent 
     and for the period that the Secretary determines is necessary 
     for carrying out the demonstration project under this 
     section.
       (d) GAO Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the demonstration project conducted 
     under this section to determine whether the access of 
     beneficiaries under the medicare program to health care and 
     the ability of States to recruit and retain physicians is--
       (A) adversely impacted by the factors described in 
     subparagraphs (A) through (E) of subsection (b)(4); and
       (B) improved by increased payments to physicians under 
     subsection (b)(2).
       (2) Report.--Not later than 1 year after the Secretary 
     completes the demonstration project under this section, the 
     Comptroller General of the United States shall submit a 
     report on the results of the study conducted under paragraph 
     (1) to the appropriate committees of Congress.
                                 ______
                                 
      By Mr. TORRICELLI:
  S. 3168. A bill to eliminate any limitation on indictment for sexual 
offenses and make awards to State to reduce their DNA casework 
backlogs; to the Committee on the Judiciary.


                 Sexual assault Prosecution act of 2000

  Mr. TORRICELLI. Mr. President, I rise today to introduce the Sexual 
Assault Prosecution act of 2000. This legislation will ensure that no 
rapist will evade prosecution when there is reliable evidence of their 
guilt.
  As the law is written today, a rapist can walk away scot-free if they 
are not charged within five years of committing their crime. This is 
true when if overwhelming evidence of the offender's guilt, such as a 
DNA match with evidence taken from the crime scene, is later 
discovered. Some states, including my home state of New Jersey, have 
recognized the injustice presented by this situation and have already 
abolished their statutes of limitations on sexual assault crimes, and 
many other states are considering similar measures. Given the power and 
precision of DNA evidence, it is now time that the federal government 
abolish the current statute of limitations on federal sexual assault 
crimes.
  The precision with which DNA evidence can identify a criminal 
assailant has increased dramatically over the past couple decades. 
Because of its exactness, DNA evidence is now routinely collected by 
law enforcement personnel in the course of investigating many crimes, 
including sexual assault crimes. The DNA profile of evidence collected 
at a sexual assault crime scene can be compared to the DNA profiles of 
convicted criminals, or the profile of a particular suspect, in order 
to determine who committed the crime. Moreover, because of the 
longevity of DNA evidence, it can be used to positively identify a 
rapist many years after the actual sexual assault.
  The enormous advancements in DNA science have greatly expanded law 
enforcement's ability to investigate and prosecute sexual assault 
crimes. Unfortunately, the law has not kept pace with science. Given 
the precise accuracy and reliability of DNA testing, however, the legal 
and moral justifications for continuing to impose a statute of 
limitations on sexual assault crimes are extremely weak. To that end, I 
am introducing the ``Sexual Assault Prosecution Act of 2000'' which 
will eliminate the statute of limitations for sexual assault crimes. 
This legislation will not affect the burdens of proof and the 
government will still have to prove guilt beyond a reasonable doubt 
before any person could be convicted of a crime.
  Currently, the statute of limitations for arson and financial 
institution crimes is 10 years and is 20 years for crimes involving the 
theft of major artwork. If it made sense to extend the traditional 
five-year limitations period for these offenses, surely it makes sense 
to do so for sexual assault crimes, particularly when DNA technology 
makes it possible to identify an offender many years after the 
commission of the crime. By eliminating this ticking clock, we can see 
to it that no victim of sexual assault is denied justice simply because 
the clock ran out. I look forward to working with each and every one of 
you in order to get this legislation enacted into law.
  I ask unanimous consent that the full 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. 3168

       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 ``Sexual Assault Prosecution 
     Act of 2000''.

     SEC. 2. SEXUAL OFFENSE LIMITATION.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended--
       (1) in section 3283, by striking ``sexual or''; and
       (2) by adding at the end the following:

     ``Sec. 3296. Sexual offenses

       ``An indictment for any offense committed in violation of 
     chapter 109A of this title may be found at any time without 
     limitation.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections for chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:


[[Page 20922]]


``3296. Sexual offenses.''.

     SEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.

       (a) Development of Plan.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation, in coordination with the Assistant Attorney 
     General of the Office of Justice Programs of the Department 
     of Justice, and after consultation with representatives of 
     States and private forensic laboratories, shall develop a 
     plan to grant voluntary awards to States to facilitate DNA 
     analysis of all casework evidence of unsolved crimes.
       (2) Objective.--The objective of the plan developed under 
     paragraph (1) shall be to effectively expedite the analysis 
     of all casework evidence of unsolved crimes in an efficient 
     and effective manner, and to provide for the entry of DNA 
     profiles into the combined DNA Indexing System (``CODIS'').
       (b) Award Criteria.--The Federal Bureau of Investigation, 
     in coordination with the Assistant Attorney General of the 
     Office of Justice Programs of the Department of Justice, 
     shall develop criteria for the granting of awards under this 
     section including--
       (1) the applying State's number of unsolved crimes awaiting 
     DNA analysis; and
       (2) the applying State's development of a comprehensive 
     plan to collect and analyze DNA evidence.
       (c) Granting of Awards.--The Federal Bureau of 
     Investigation, in coordination with the Assistant Attorney 
     General of the Office of Justice Programs of the Department 
     of Justice, shall develop applications for awards to be 
     granted to States under this section, shall consider all 
     applications submitted by States, and shall disburse all 
     awards under this section.
       (d) Award Conditions.--States receiving awards under this 
     section shall--
       (1) require that each laboratory performing DNA analysis 
     satisfies quality assurance standards and utilizes state-of-
     the-art DNA testing methods, as set forth by the Federal 
     Bureau of Investigation in coordination with the Assistant 
     Attorney General of the Office of Justice Programs of the 
     Department of Justice;
       (2) ensure that each DNA sample collected and analyzed be 
     made available only--
       (A) to criminal justice agencies for law enforcement 
     purposes;
       (B) in judicial proceedings if otherwise admissible;
       (C) for criminal defense purposes, to a criminal defendant, 
     who shall have access to samples and analyses performed in 
     connection with any case in which such defendant is charged; 
     or
       (D) if personally identifiable information is removed, for 
     a population statistics database, for identification research 
     and protocol development purposes, or for quality control 
     purposes; and
       (3) match the award by spending 15 percent of the amount of 
     the award in State funds to facilitate DNA analysis of all 
     casework evidence of unsolved crimes.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice $15,000,000 
     for each of fiscal years 2001, 2002, 2003, and 2004, for 
     awards to be granted under this section.
                                 ______
                                 
      Mr. SESSIONS (for himself, Mr. Bingaman, Mr. Allard, Mr. Johnson, 
        Mr. Crapo, and Mrs. Lincoln):
  S. 3169. A bill to amend the Federal Food, Drug, and Cosmetic Act and 
the International Revenue Code of 1986 with respect to drugs for minor 
animal species, and for other purposes; to the Committee on Finance.


          minor animal species health and welfare act of 2000

  Mr. SESSIONS. Mr. President, I rise today to bring attention to a 
problem that unfortunately goes largely unnoticed except by those who 
are directly affected. Livestock and food animal producers, pet owners, 
zoo and wildlife biologists, and animals themselves are facing a severe 
shortage of approved animal drugs for minor species.
  Minor species include thousands of animal species, including all 
fish, birds, and sheep. By definition, they are any animals other than 
cattle, horses, chickens, swine, turkeys, dogs and cats, the most 
common animals. There are millions of those animals. A similar shortage 
of drugs and medicines for major animal species exists for diseases 
which occur infrequently or which occur in limited geographic areas. 
Due to the lack of availability for these minor-use drugs, millions of 
animals go untreated or treatment is delayed. Unnecessary animal 
physical and human emotional suffering results, and human health may be 
threatened as well.
  Without access to these necessary minor-use drugs, farmers and 
ranchers will also suffer. An unhealthy animal left untreated can 
spread disease throughout an entire stock. This causes severe economic 
hardship to struggling ranchers and farmers.
  For example, sheep ranchers lost nearly $45 million worth of 
livestock alone in 1999. The sheep industry estimates that if it had 
access to effective and necessary drugs, growers' reproduction costs 
for their animals could be cut by up to 15 percent. In addition, 
feedlot deaths from disease would be reduced by 1 to 2 percent, adding 
approximately $8 million to the revenue of the industry.
  The catfish industry is the No. 2 agriculture industry in Alabama. 
Though it is not the State's only aquacultural commodity, catfish is by 
far its largest. The catfish industry generates enormous economic 
opportunity in the State, particularly in west Alabama, one of the 
poorest regions of the State and where I grew up.
  The catfish industry estimates its losses at $60 million a year, 
attributable to diseases for which drugs are not available. Indeed, it 
is not uncommon for a catfish producer to lose half his stock in a pond 
due to disease. The U.S. aquaculture industry overall, including food 
fish and ornamental fish, produces and raises over 800 different 
species. Unfortunately, this industry has only five drugs that are 
approved for treating these diseases. This results in tremendous 
economic hardship and suffering.
  Because of limited market opportunity, low profit margins, and the 
enormous capital investment required, it is seldom economically 
feasible for drug manufacturers to pursue research and development and 
then seek approval of it by FDA for drugs used in treating these minor 
species and for infrequent conditions and diseases in all animals. As a 
result, a group of people have come together, an effective professional 
coalition, to deal with this problem.
  I, along with Senator Bingaman from New Mexico, Senator Allard, 
Senator Crapo, Senator Lincoln, and Senator Johnson resolve to improve 
this situation by introducing the Minor Animal Species Health and 
Welfare Act of 2000. This legislation will allow animal drug 
manufacturers the opportunity to develop and obtain approval for minor-
use drugs which are vitally needed by a wide variety of animal 
industries.
  Our legislation incorporates the major proposals of the Food and Drug 
Administration's Center for Veterinary Medicine to increase the 
availability of drugs for minor animal species and rare diseases in all 
animals. It actually creates incentives for animal drug manufacturers 
to invest in product development and obtain FDA marketing approvals.
  This legislation creates a program very similar to the very 
successful human orphan drug program that has dramatically increased 
the availability of drugs to treat rare human diseases over the past 20 
years. Besides providing benefits to livestock producers and animal 
owners, this measure will develop incentives and sanctioning programs 
for the pharmaceutical industry, while maintaining and ensuring public 
health.
  The Minor Animal Species Health and Welfare Act will not alter FDA 
drug approval responsibilities that ensure the safety of animal drugs 
to the public. The FDA Center for Veterinary Medicine currently 
evaluates new animal drug products prior to approval and use. This 
rigorous testing and review process provides consumers with the 
confidence that animal drugs are safe for animals and consumers of 
products derived from treated animals.
  Current FDA requirements include guidelines to prevent harmful 
residues and evaluations to examine the potential for the selection of 
resistant pathogens. Any food animal medicine or drug considered for 
approval under this bill would be subject to these same assessments.
  The Minor Animal Species Health and Welfare Act is supported by 25 
organizations, including the American Farm Bureau Federation, the 
American Health Institute, the American Veterinary Medical Association, 
and the National Aquaculture Association. It is vital legislation.
  This act will reduce the economic risks and hardship which fall upon 
ranchers and farmers as a result of diseases. It will benefit pets and 
their

[[Page 20923]]

owners and benefit various endangered species of aquatic animals. The 
act will also promote the health of all animal species while protecting 
human health and will alleviate unnecessary animal suffering.
  This is commonsense legislation which will benefit millions of 
American pet owners, farmers, and ranchers. It is the result of a 
tremendous cooperative effort by virtually every entity concerned with 
this problem. They have worked with the Food and Drug Administration 
and continue to work with the FDA on this bill.
  I believe we are on the verge of taking a big step to facilitate the 
introduction of more drugs that help treat animals in our country. I 
thank the people who have all worked to make this a reality. I 
particularly thank Mary Alice Tyson on my staff who has worked so hard 
on this project.
  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. 3169

       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 ``Minor Animal Species Health 
     and Welfare Act of 2000''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) There is a severe shortage of approved animal drugs for 
     use in minor species.
       (2) There is a severe shortage of approved drugs for 
     treating animal diseases and conditions that occur 
     infrequently or in limited geographic areas.
       (3) Because of the small market shares, low-profit margins 
     involved, and capital investment required, it is generally 
     not economically feasible for animal drug manufacturers to 
     pursue approvals for these species, diseases, and conditions.
       (4) Because the populations for which such drugs are 
     intended are small and conditions of animal management may 
     vary widely, it is often difficult or impossible to design 
     and conduct studies to establish drug safety and 
     effectiveness under traditional animal drug approval 
     processes.
       (5) It is in the public interest and in the interest of 
     animal welfare to provide for special procedures to sanction 
     the lawful use and marketing of animal drugs for minor 
     species and minor uses that take into account these special 
     circumstances and that ensure that such drugs do not endanger 
     the public health.
       (6) Exclusive marketing rights and tax credits for clinical 
     testing expenses have helped encourage the development of 
     orphan drugs for human use, and comparable incentives will 
     help encourage the development and sanctioning for lawful 
     marketing of animal drugs for minor species and minor uses.

     SEC. 3. AMENDMENTS AFFECTING THE FOOD AND DRUG 
                   ADMINISTRATION.

       (a) Definitions.--Section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321) is amended by adding at the 
     end the following:
       ``(kk) The term `minor species' means animals other than 
     cattle, horses, swine, chickens, turkeys, dogs, and cats, 
     except that the Secretary may amend this definition by 
     regulation.
       ``(ll) The term `minor use' means the use of a drug--
       ``(1) in a minor species, or
       ``(2) in an animal species other than a minor species for a 
     disease or condition that occurs infrequently or in limited 
     geographic areas, except that the Secretary may amend this 
     definition by regulation.
       ``(mm) The term `species with no human food safety concern' 
     means an animal species, or life stage of an animal species, 
     that is not customarily used for food for humans and does not 
     endanger the public health.''.
       (b) Minor Use Animal Drugs.--Chapter V of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by 
     adding at the end the following new subchapter:

              ``SUBCHAPTER F--ANIMAL DRUGS FOR MINOR USES


                 ``designation of drugs for minor uses

       ``Sec. 571. (a) Prior to the submission of an application 
     for approval of a new animal drug under section 512(b), a 
     manufacturer or sponsor of such drug may request that the 
     Secretary designate such drug as a drug for a minor use. The 
     Secretary shall designate such drug as a drug for minor use 
     if the Secretary finds that such drug is or will be 
     investigated for a minor use and the application for such 
     drug is approved under section 512. A request for a 
     designation of a drug under this subsection shall contain the 
     consent of the applicant to notice being given by the 
     Secretary under subsection (c) respecting the designation of 
     the drug.
       ``(b) The designation of a drug as a drug for a minor use 
     under subsection (a) shall be subject to the condition that--
       ``(1) if an application was approved for the drug under 
     section 512(c), the manufacturer of the drug will notify the 
     Secretary of any discontinuance of the production of the drug 
     at least 1 year before discontinuance; and
       ``(2) if an application has not been approved for the drug 
     under section 512(c) and if preclinical investigations or 
     investigations under section 512(j) are being conducted with 
     the drug, the manufacturer or sponsor of the drug will notify 
     the Secretary of any decision to discontinue active pursuit 
     of approval of an application under section 512(b).
       ``(c) Notice respecting the designation of a drug under 
     subsection (a) shall be made available to the public.


                 ``protection for drugs for minor uses

       ``Sec. 572. (a) Except as provided in subsection (b):
       ``(1) If the Secretary approves an application filed 
     pursuant to section 512 for a drug designated under section 
     571 for a minor use, no active ingredient (including any salt 
     or ester of the active ingredient) of which has been approved 
     in any other application under section 512, the Secretary may 
     not approve or conditionally approve another application 
     submitted under section 512 or section 573 for such drug for 
     such minor use for a person who is not the holder of such 
     approved application until the expiration of 10 years from 
     the date of the approval of the application.
       ``(2) If the Secretary approves an application filed 
     pursuant to section 512 for a drug designated under section 
     571 for a minor use, which includes an active ingredient 
     (including an ester or salt of the active ingredient) that 
     has been approved in any other application under section 512, 
     the Secretary may not approve or conditionally approve 
     another application submitted under section 512 or section 
     573 for such drug for such minor use for a person who is not 
     the holder of such approved application until the expiration 
     of 7 years from the date of approval of the application.
       ``(b) If an application filed pursuant to section 512 is 
     approved for a drug designated under section 571, the 
     Secretary may, during the 10-year or 7-year period beginning 
     on the date of the application approval, approve or 
     conditionally approve another application under section 512 
     or section 573 for such drug for such minor use for a person 
     who is not the holder of such approved application if--
       ``(1) the Secretary finds, after providing the holder 
     notice and opportunity for the submission of views, that in 
     such period the holder of the approved application cannot 
     assure the availability of sufficient quantities of the drug 
     to meet the needs for which the drug was designated; or
       ``(2) such holder provides the Secretary in writing the 
     consent of such holder for the approval or conditional 
     approval of other applications before the expiration of such 
     10-year or 7-year period.


         ``conditional approval for minor use new animal drugs

       ``Sec. 573. (a)(1) Except as provided in paragraph (2), any 
     person may file with the Secretary an application for 
     conditional approval of a new animal drug for a minor use. 
     Such person shall submit to the Secretary as part of an 
     application--
       ``(A) reports of investigations which have been made to 
     show whether or not such drug is safe for use;
       ``(B) information to show that there is a reasonable 
     expectation that the drug is effective for its intended use, 
     such as data from a pilot investigation, data from an 
     investigation in a related species, data from a single 
     investigation, data from an investigation using surrogate 
     endpoints, data based on pharmacokinetic extrapolations, data 
     from a short-term investigation, or data from the 
     investigation of closely-related diseases;
       ``(C) the quantity of drug expected to be manufactured and 
     distributed on an annual basis;
       ``(D) a commitment that the applicant will conduct 
     additional investigations to support approval of an 
     application under section 512 within the time frame set forth 
     in subsection (d)(1)(A);
       ``(E) reasonable data for establishing a conditional dose; 
     and
       ``(F) the information required by section 512(b)(1)(B)-(H).
       ``(2) A person may not file an application under paragraph 
     (1) if the person has filed a previous application under 
     paragraph (1) for the same drug and conditions for use that 
     was conditionally approved by the Secretary under subsection 
     (b).
       ``(b)(1) Within 180 days after the filing of an application 
     pursuant to subsection (a), or such additional period as may 
     be agreed upon by the Secretary and the applicant, the 
     Secretary shall either (A) issue an order conditionally 
     approving the application if the Secretary then finds that 
     none of the grounds for denying conditional approval 
     specified in subsection (c) applies, or (B) give the 
     applicant notice of an opportunity for an expedited informal 
     hearing on the question whether such application is 
     conditionally approvable.
       ``(2) A drug manufactured in a pilot or other small 
     facility may be used to demonstrate the safety and 
     effectiveness of the drug and to obtain conditional approval 
     for the drug prior to manufacture of the drug in a larger 
     facility, unless the Secretary makes

[[Page 20924]]

     a determination that a full scale production facility is 
     necessary to ensure the safety or effectiveness of the drug.
       ``(c)(1) If the Secretary finds, after due notice to the 
     applicant and giving the applicant an opportunity for an 
     expedited informal hearing, that--
       ``(A) the investigations, reports of which are required to 
     be submitted to the Secretary pursuant to subsection (a), do 
     not include adequate tests by all methods reasonably 
     applicable to show whether or not such drug is safe for use 
     under the conditions prescribed, recommended, or suggested in 
     the proposed labeling;
       ``(B) the results of such tests show that such drug is 
     unsafe for use under such conditions or do not show that such 
     drug is safe for use under such conditions;
       ``(C) the methods used in, and the facilities and controls 
     used for, the manufacture, processing, and packing of such 
     drug are inadequate to preserve its identity, strength, 
     quality, and purity;
       ``(D) upon the basis of the information submitted to the 
     Secretary as part of the application, or upon the basis of 
     any other information before the Secretary with respect to 
     such drug, the Secretary has insufficient information to 
     determine whether such drug is safe for use under such 
     conditions;
       ``(E) evaluated on the basis of the information submitted 
     to the Secretary as part of the application and any other 
     information before the Secretary with respect to such drug, 
     there is insufficient information to show that there is a 
     reasonable expectation that the drug will have the effect it 
     purports or is represented to have under the conditions of 
     use prescribed, recommended, or suggested in the proposed 
     labeling;
       ``(F) upon the basis of information submitted to the 
     Secretary as part of the application or any other information 
     before the Secretary with respect to such drug, any use 
     prescribed, recommended, or suggested in labeling proposed 
     for such drug will result in a residue of such drug in excess 
     of a tolerance found by the Secretary to be safe for such 
     drug;
       ``(G) based on a fair evaluation of all material facts, 
     such labeling is false or misleading in any particular;
       ``(H) such drug induces cancer when ingested by humans or 
     animal or, after tests which are appropriate for the 
     evaluation of the safety of such drug, induces cancer in 
     humans or animal, unless the Secretary finds that, under the 
     conditions for use specified in proposed labeling and 
     reasonably certain to be followed in practice--
       ``(i) such drug will not adversely affect the animals for 
     which it is intended; and
       ``(ii) no residue of such drug will be found (by methods of 
     examination prescribed or approved by the Secretary by 
     regulations, which regulations shall not be subject to 
     subsections (c)) in any edible portion of such animals after 
     slaughter or in any food yielded by or derived from the 
     living animals; or
       ``(I) another person has received approval under section 
     512 for a drug with the same active ingredient or ingredients 
     and the same conditions of use, and that person is able to 
     assure the availability of sufficient quantities of the drug 
     to meet the needs for which the drug is intended;

     the Secretary shall issue an order refusing to conditionally 
     approve the application. If, after such notice and 
     opportunity for hearing, the Secretary finds that 
     subparagraphs (A) through (I) do not apply, the Secretary 
     shall issue an order conditionally approving the application.
       ``(2) In determining whether such drug is safe for use 
     under the conditions prescribed, recommended, or suggested in 
     the proposed labeling thereof, the Secretary shall consider, 
     among other relevant factors, (A) the probable consumption of 
     such drug and of any substance formed in or on food because 
     of the use of such drug, (B) the cumulative effect on man or 
     animal of such drug, taking into account any chemically or 
     pharmacologically related substance, (C) safety factors which 
     in the opinion of experts, qualified by scientific training 
     and experience to evaluate the safety of such drugs, are 
     appropriate for the use of animal experimentation data, and 
     (D) whether the conditions of use prescribed, recommended, or 
     suggested in the proposed labeling are reasonably certain to 
     be followed in practice. Any order issued under this 
     subsection refusing to approve an application shall state the 
     findings upon which it is based.
       ``(d)(1) A conditional approval granted by the Secretary 
     under this section shall be effective for a 1-year period. 
     The Secretary shall, upon request, renew a conditional 
     approval for up to 4 additional 1-year terms, unless the 
     Secretary by order makes a finding that--
       ``(A) the applicant is not making appropriate progress 
     toward meeting approval requirements under section 512, and 
     is unlikely to be able to fulfill such requirements and 
     obtain such approval under such section before the 5 year 
     maximum term of the conditional approval expires;
       ``(B) excessive quantities of the drug have been produced, 
     without adequate explanation; or
       ``(C) another drug with the same active ingredient or 
     ingredients for the same conditions of use has received 
     approval under section 512, and the holder of the approved 
     application is able to assure the availability of sufficient 
     quantities of the drug to meet the needs for which the drug 
     is intended.
       ``(2) If the Secretary does not renew a conditional 
     approval, the Secretary shall provide due notice and an 
     opportunity for an expedited informal hearing to the 
     applicant.
       ``(e)(1) The Secretary shall, after due notice and 
     opportunity for an expedited informal hearing to the 
     applicant, issue an order withdrawing conditional approval of 
     an application filed pursuant to subsection (a) if the 
     Secretary finds--
       ``(A) that experience or scientific data show that such 
     drug is unsafe for use under the conditions of use upon the 
     basis of which the application was conditionally approved;
       ``(B) that new evidence not contained in such application 
     or not available to the Secretary until after such 
     application was conditionally approved, or tests by new 
     methods, or tests by methods not deemed reasonably applicable 
     when such application was conditionally approved, evaluated 
     together with the evidence available to the Secretary when 
     the application was conditionally approved, shows that such 
     drug is not shown to be safe for use under the conditions of 
     use upon the basis of which the application was conditionally 
     approved;
       ``(C) on the basis of new information before the Secretary 
     with respect to such drug, evaluated together with the 
     evidence available to the Secretary when the application was 
     conditionally approved, that there is not a reasonable 
     expectation that such drug will have the effect it purports 
     or is represented to have under the conditions of use 
     prescribed, recommended, or suggested in the labeling;
       ``(D) that the application contains any untrue statement of 
     a material fact; or
       ``(E) that the applicant has made any changes from the 
     standpoint of safety or effectiveness beyond the variations 
     provided for in the application unless the applicant has 
     supplemented the application by filing with the Secretary 
     adequate information respecting all such changes and unless 
     there is in effect a conditional approval of the supplemental 
     application, which supplemental application shall be treated 
     in the same manner as the original application.

     If the Secretary finds that there is an imminent hazard to 
     the health of man or of the animals for which such drug is 
     intended, the Secretary may suspend the conditional approval 
     of such application immediately, and give the applicant 
     prompt notice of the Secretary's action and afford the 
     applicant the opportunity for an expedited informal hearing. 
     Authority to suspend the conditional approval of an 
     application shall not be delegated below the Commissioner of 
     Food and Drugs.
       ``(2) The Secretary may also, after due notice and 
     opportunity for an expedited informal hearing to the 
     applicant, issue an order withdrawing the conditional 
     approval of an application with respect to any new animal 
     drug under this section if the Secretary finds--
       ``(A) that the applicant has failed to establish a system 
     for maintaining required records, or has repeatedly or 
     deliberately failed to maintain such records or to make 
     required reports in accordance with a regulation or order 
     under subsection (h), or the applicant has refused to permit 
     access to, or copying or verification of, such records as 
     required by paragraph (2) of such subsection;
       ``(B) that on the basis of new information before the 
     Secretary, evaluated together with the evidence before the 
     Secretary when the application was conditionally approved, 
     the methods used in, or the facilities and controls used for, 
     the manufacture, processing, and packing of such drug are 
     inadequate to assure and preserve its identity, strength, 
     quality, and purity and were not made adequate within a 
     reasonable time after receipt of written notice from the 
     Secretary specifying the matter complained of; or
       ``(C) that on the basis of new information before the 
     Secretary, evaluated together with the evidence before the 
     Secretary when the application was conditionally approved, 
     the labeling of such drug, based on a fair evaluation of all 
     material facts, is false or misleading in any particular and 
     was not corrected within a reasonable time after receipt of 
     written notice from the Secretary specifying the matter 
     complained of.
       ``(3) Any order under this subsection shall state the 
     findings upon which it is based.
       ``(f) The decision of the Secretary under subsections (c), 
     (d), or (e) shall constitute a final agency decision for 
     purposes of judicial review.
       ``(g)(1) When an application filed pursuant to subsection 
     (a) is conditionally approved, the Secretary shall by notice 
     publish in the Federal Register the name and address of the 
     applicant and the conditions and indications of use of the 
     new animal drug covered by such application, including any 
     tolerance and withdrawal period or other use restriction and, 
     if such new animal drug is intended for use in animal feed, 
     appropriate purposes and conditions of use (including special 
     labeling requirements and any requirement that an animal feed 
     bearing or containing the new animal drug be limited to use 
     under the professional supervision of a licensed 
     veterinarian) applicable to any animal feed

[[Page 20925]]

     for use in which such drug is conditionally approved, the 
     expiration date of the conditional approval, and such other 
     information, upon the basis of which such application was 
     conditionally approved, as the Secretary deems necessary to 
     assure the safe and effective use of such drug.
       ``(2) Upon withdrawal of conditional approval of such new 
     animal drug application or upon its suspension, the Secretary 
     shall publish a notice in the Federal Register.
       ``(h)(1) In the case of any new animal drug for which a 
     conditional approval of an application filed pursuant to 
     subsection (a) is in effect, the applicant shall establish 
     and maintain such records, and make such reports to the 
     Secretary, of data relating to experience, and other data or 
     information, received or otherwise obtained by such applicant 
     with respect to such drug, or with respect to animal feeds 
     bearing or containing such drug, as the Secretary may by 
     general regulation, or by order with respect to such 
     application, prescribe on the basis of a finding that such 
     records and reports are necessary in order to enable the 
     Secretary to determine, or facilitate a determination, 
     whether there is or may be ground for refusing to renew the 
     conditional approval under subsection (d) or for invoking 
     subsection (e). Such regulation or order shall provide, where 
     the Secretary deems it to be appropriate, for the 
     examination, upon request, by the persons to whom such 
     regulation or order is applicable, of similar information 
     received or otherwise obtained by the Secretary.
       ``(2) Every person required under this subsection to 
     maintain records, and every person in charge or custody 
     thereof, shall, upon request of an officer or employee 
     designated by the Secretary, permit such officer or employee 
     at all reasonable times to have access to and copy and verify 
     such records.
       ``(i)(1) The label and labeling of a drug with a 
     conditional approval under this section shall state that fact 
     prominently and conspicuously.
       ``(2) Conditions of use that are the subject of a 
     conditional approval under this section shall not be combined 
     in product labeling with any conditions of use approved under 
     section 512.
       ``(j)(1) Safety and effectiveness data and information 
     which has been submitted in an application filed under 
     subsection (a) for a drug and which has not previously been 
     disclosed to the public shall be made available to the 
     public, upon request, unless extraordinary circumstances are 
     shown--
       ``(A) if no work is being or will be undertaken to have the 
     application conditionally approved,
       ``(B) if the Secretary has determined that the application 
     is not conditionally approvable and all legal appeals have 
     been exhausted,
       ``(C) if conditional approval of the application under 
     subsection (c) is withdrawn and all legal appeals have been 
     exhausted, or
       ``(D) if the Secretary has determined that such drug is not 
     a new animal drug.
       ``(2) Any request for data and information pursuant to 
     paragraph (1) shall include a verified statement by the 
     person making the request that any data or information 
     received under such paragraph shall not be disclosed by such 
     person to any other person--
       ``(A) for the purpose of, or as part of a plan, scheme, or 
     device for, obtaining the right to make, use, or market, or 
     making, using, or marketing, outside the United States, the 
     drug identified in the application filed under subsection 
     (a), and
       ``(B) without obtaining from any person to whom the data 
     and information are disclosed an identical verified 
     statement, a copy of which is to be provided by such person 
     to the Secretary, which meets the requirements of this 
     paragraph.
       ``(k) To the extent consistent with the public health, the 
     Secretary shall promulgate regulations for exempting from the 
     operation of this section new animal drugs, and animal feeds 
     bearing or containing new animal drugs, intended solely for 
     investigational use by experts qualified by scientific 
     training and experience to investigate the safety and 
     effectiveness of animal drugs. Such regulations may, in the 
     discretion of the Secretary, among other conditions relating 
     to the protection of the public health, provide for 
     conditioning such exemption upon the establishment and 
     maintenance of such records, and the making of such reports 
     to the Secretary, by the manufacturer or the sponsor of the 
     investigation of such article, of data (including but not 
     limited to analytical reports by investigators) obtained as a 
     result of such investigational use of such article, as the 
     Secretary finds will enable the Secretary to evaluate the 
     safety and effectiveness of such article in the event of the 
     filing of an application pursuant to this section. Such 
     regulations, among other things, shall set forth the 
     conditions (if any) upon which animals treated with such 
     articles, and any products of such animals (before or after 
     slaughter), may be marketed for food use.


``index of legally marketed unapproved minor use animal drugs for minor 
               species with no human food safety concern

       ``Sec. 574. (a)(1) The Secretary shall establish an index 
     of unapproved minor use new animal drugs that may be lawfully 
     marketed for use in minor species with no human food safety 
     concern.
       ``(2) Such index is intended to benefit primarily zoo and 
     wildlife species, aquarium and bait fish, reptiles and 
     amphibians, caged birds, and small pet mammals as well as 
     some commercially produced species such as cricket, 
     earthworms and possibly nonfood life stages of some minor 
     species used for human food such as oysters and shellfish.
       ``(3) Such index shall conform to the requirements in 
     subsection (d).
       ``(b)(1) Any person may submit a request to the Secretary 
     for a preliminary determination that a drug may be eligible 
     for inclusion in the index. Such a request shall include--
       ``(A) information regarding the proposed species, 
     conditions of use, and anticipated annual production;
       ``(B) information regarding product formulation and 
     manufacturing; and
       ``(C) information sufficient for the Secretary to determine 
     that there does not appear to be human food safety, 
     environmental safety, occupational safety, or bioavailability 
     concerns with the proposed use of the drug.
       ``(2) Within 90 days after the submission of a request for 
     a preliminary determination under paragraph (1), the 
     Secretary shall grant or deny the request, and notify the 
     submitter of the Secretary's conclusion. The Secretary shall 
     grant the request if it appears that--
       ``(A) the request addresses the need for a minor use animal 
     drug for which there is no approved or conditionally approved 
     drug, and
       ``(B) the proposed drug use does not appear to raise human 
     food safety, environmental safety, occupational safety, or 
     bioavailability concerns.
       ``(3) If the Secretary denies the request, the Secretary 
     shall provide due notice and an opportunity for an expedited 
     informal hearing.
       ``(4) If the Secretary does not grant or deny the request 
     within 90 days, the Secretary shall provide the Committee on 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor, and Pensions of the Senate with the 
     reasons action on the request did not occur within such 90 
     days.
       ``(5) The decision of the Secretary under this subsection 
     shall constitute a final agency decision for purposes of 
     judicial review.
       ``(c)(1) With respect to a drug for which the Secretary has 
     made a preliminary determination of eligibility under 
     subsection (b), the submitter of that request may request 
     that the Secretary add the drug to the index established by 
     subsection (a). Such a request shall include--
       ``(A) a copy of the Secretary's preliminary determination 
     of eligibility issued under subsection (b);
       ``(B) a qualified expert panel report that meets the 
     requirements in paragraph (2);
       ``(C) a proposed index entry;
       ``(D) proposed labeling;
       ``(E) anticipated annual production of the drug; and
       ``(F) a commitment to manufacture, label, and distribute 
     the drug in accordance with the index entry and any 
     additional requirements that the Secretary may prescribe by 
     general regulation or specific order.
       ``(2) For purposes of paragraph (1), a `qualified expert 
     panel report' is a written report that--
       ``(A) is authored by a panel of individuals qualified by 
     scientific training and experience to evaluate the safety and 
     effectiveness of animal drugs for the intended uses and 
     species in question and operating external to the Food and 
     Drug Administration;
       ``(B) addresses all available target animal safety and 
     effectiveness information, including anecdotal information 
     where necessary;
       ``(C) addresses proposed labeling;
       ``(D) addresses whether the drug should be limited to use 
     under the professional supervision of a licensed 
     veterinarian; and
       ``(E) addresses whether, in the expert panel's opinion, the 
     benefits of using the drug outweigh its risks, taking into 
     account the harm being caused by the absence of an approved 
     or conditionally approved new animal drug for the minor use 
     in question.
       ``(3) Within 180 days after the receipt of a request for 
     listing a drug in the index, the Secretary shall grant or 
     deny the request. The Secretary shall grant the request if 
     the Secretary finds, on the basis of the expert panel report 
     and other information available to the Secretary, that the 
     benefits of using the drug outweigh its risks, taking into 
     account the harm caused by the absence of an approved or 
     conditionally approved new animal drug for the minor use in 
     question. If the Secretary denies the request, the Secretary 
     shall provide due notice and the opportunity for an expedited 
     informal hearing. If the Secretary does not grant or deny the 
     request within 180 days, the Secretary shall provide the 
     Committee on Commerce of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate with the reasons action on the request did not occur 
     within such 180 days. The decision of the Secretary under 
     this paragraph shall constitute a final agency decision for 
     purposes of judicial review.
       ``(d)(1) The index established by subsection (a) shall 
     include the following information for each listed drug:
       ``(A) The name and address of the sponsor of the index 
     listing.
       ``(B) The name of the drug, its dosage form, and its 
     strength.

[[Page 20926]]

       ``(C) Labeling.
       ``(D) Production limits or other conditions the Secretary 
     deems necessary to prevent misuse of the drug.
       ``(E) Requirements that the Secretary deems necessary for 
     the safe and effective use of the drug.
       ``(2) The Secretary shall publish the index, and revise it 
     monthly.
       ``(e)(1) If the Secretary finds, after due notice to the 
     sponsor and an opportunity for an expedited informal hearing, 
     that--
       ``(A) on the basis of new information before the Secretary, 
     evaluated together with the evidence available to the 
     Secretary when the drug was listed in the index, the benefits 
     of using the drug do not outweigh its risks, or
       ``(B) the conditions and limitations of use in the index 
     listing have not been followed,

     the Secretary shall remove the drug from the index. The 
     decision of the Secretary shall constitute final agency 
     decision for purposes of judicial review.
       ``(2) If the Secretary finds that there is an imminent 
     hazard to the health of man or of the animals for which such 
     drug is intended, the Secretary may suspend the listing of 
     such drug immediately, and give the sponsor prompt notice of 
     the Secretary's action and afford the sponsor the opportunity 
     for an expedited informal hearing. Authority to suspend the 
     listing of a drug shall not be delegated below the 
     Commissioner of Food and Drugs.
       ``(f)(1) In the case of any new animal drug for which an 
     index listing pursuant to subsection (a) is in effect, the 
     sponsor shall establish and maintain such records, and make 
     such reports to the Secretary, of data relating to 
     experience, and other data or information, received or 
     otherwise obtained by such sponsor with respect to such drug, 
     or with respect to animal feeds bearing or containing such 
     drug, as the Secretary may by general regulation, or by order 
     with respect to such listing, prescribe on the basis of a 
     finding that such records and reports are necessary in order 
     to enable the Secretary to determine, or facilitate a 
     determination, whether there is or may be ground for invoking 
     subsection (e). Such regulation or order shall provide, where 
     the Secretary deems it to be appropriate, for the 
     examination, upon request, by the persons to whom such 
     regulation or order is applicable, of similar information 
     received or otherwise obtained by the Secretary.
       ``(2) Every person required under this subsection to 
     maintain records, and every person in charge or custody 
     thereof, shall, upon request of an officer or employee 
     designated by the Secretary, permit such officer or employee 
     at all reasonable times to have access to and copy and verify 
     such records.
       ``(g) The labeling of a drug that is the subject of an 
     index listing shall state, prominently and conspicuously, 
     that the drug is legally marketed but not approved.
       ``(h) The Secretary shall promulgate regulations to 
     implement this section. Such regulations shall address, among 
     other subjects, the composition of the expert panel, 
     sponsorship of the expert panel under the auspices of a 
     recognized professional organization, conflict of interest 
     criteria for panel members, and the use of advisory 
     committees convened by the Food and Drug Administration.
       ``(i) To the extent consistent with the public health, the 
     Secretary shall promulgate regulations for exempting from the 
     operation of this section new animal drugs intended solely 
     for investigational use by experts qualified by scientific 
     training and experience to investigate the safety and 
     effectiveness of animal drugs. Such regulations may, in the 
     discretion of the Secretary, among other conditions relating 
     to the protection of the public health, provide for 
     conditioning such exemption upon the establishment and 
     maintenance of such records, and the making of such reports 
     to the Secretary, by the manufacturer or the sponsor of the 
     investigation of such article, of data (including but not 
     limited to analytical reports by investigators) obtained as a 
     result of such investigational use of such article, as the 
     Secretary finds will enable the Secretary to evaluate the 
     safety and effectiveness of such article in the event of the 
     filing of a request for an index listing pursuant to this 
     section. Such regulations, among other things, shall set 
     forth the conditions (if any) upon which animals treated with 
     such articles, and any products of such animals (before or 
     after slaughter), may be marketed for food use.


 ``grants and contracts for development of animal drugs for minor uses

       ``Sec. 575. (a) The Secretary may make grants to and enter 
     into contracts with public and private entities and 
     individuals to assist in defraying the costs of qualified 
     testing expenses and manufacturing expenses incurred in 
     connection with the development of drugs for minor uses.
       ``(b) For purposes of subsection (a) of this section:
       ``(1) The term `qualified testing' means--
       ``(A) clinical testing--
       ``(i) which is carried out under an exemption for a drug 
     for minor uses under section 512(j), 573(k), or 574(i); and
       ``(ii) which occurs after the date such drug is designated 
     under section 571 and before the date on which an application 
     with respect to such drug is submitted under section 512; and
       ``(B) preclinical testing involving a drug for minor use 
     which occurs after the date such drug is designated under 
     section 571 and before the date on which an application with 
     respect to such drug is submitted under section 512.
       ``(2) The term `manufacturing expenses' means expenses 
     incurred in developing processes and procedures intended to 
     meet current good manufacturing practice requirements which 
     occur after such drug is designated under section 571 and 
     before the date on which an application with respect to such 
     drug is submitted under section 512.
       ``(c) For grants and contracts under subsection (a), there 
     are authorized to be appropriated $1,000,000 for fiscal year 
     2001, $1,500,000 for fiscal year 2002, and $2,000,000 for 
     fiscal year 2003.''.
       (c) Three-Year Exclusivity for Minor Use Approvals.--
     Section 512(c)(2)(F)(ii), (iii), and (v) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii), (iii), 
     and (v)) is amended by striking ``(other than bioequivalence 
     or residue studies)'' and inserting ``(other than 
     bioequivalence studies or, except in the case of a new animal 
     drug for minor uses, residue studies)''.
       (d) Scope of Review for Minor Use Applications.--Section 
     512(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     360b(d)) is amended by adding at the end the following:
       ``(5) In reviewing a supplement to an approved application 
     that seeks a minor use approval, the Secretary shall not 
     reconsider information in the approved application to 
     determine whether it meets current standards for approval.''.
       (e) Presumption of New Animal Drug Status.--Section 709 of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379a) is 
     amended by designating the existing text as subsection (a), 
     and by adding after such new subsection the following:
       ``(b) In any action to enforce the requirements of this Act 
     respecting a drug for minor use that is not the subject of an 
     approval under section 512, a conditional approval under 
     section 573, or an index listing under section 574, it shall 
     be presumed that the drug is a new animal drug.''.
       (f) Conforming Amendments.--
       (1) Section 512(a)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 360b(a)(1)) is amended by striking 
     subparagraphs (A) and (B) and inserting the following:
       ``(A) there is in effect an approval of an application 
     filed pursuant to subsection (b) with respect to such use or 
     intended use of such drug, and such drug, its labeling, and 
     such use conform to such approved application;
       ``(B) there is in effect a conditional approval of an 
     application filed pursuant to section 573 with respect to 
     such use or intended use of such drug, and such drug, its 
     labeling, and such use conform to such conditionally approved 
     application; or
       ``(C) there is in effect an index listing pursuant to 
     section 574 with respect to such use or intended use of such 
     drug, and such drug, its labeling, and such use conform to 
     such index listing.''.
       (2) Section 512(a)(4) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 360b(a)(4)) is amended by adding 
     after ``if an approval of an application filed under 
     subsection (b)'' the following: ``or a conditional approval 
     of an application filed under section 573''.
       (3) Section 503(f) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 353(f)) is amended as follows:
       (A) In paragraph (1)(A)(ii) by striking ``512'' and 
     inserting the following: ``512, a conditionally approved 
     application under subsection (b) of section 573, or an index 
     listing under subsection (a) of section 574.''.
       (B) In paragraph (3) by striking ``section 512'' and 
     inserting the following: ``sections 512, 573, or 574.''.
       (4) Section 504(a)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 354(a)(1)) is amended by striking 
     ``512(b)'' and inserting ``512(b), a conditionally approved 
     application filed pursuant to section 573, or an index 
     listing pursuant to section 574.''.
       (5) Section 504(a)(2)(B) and (b) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 354(a)(2)(B), and 354(b)) are 
     amended by striking ``512(i)'' and inserting ``512(i) or 
     section 573(g), or the index listing pursuant to section 
     574.''.
       (6) Section 403(a) of the Food and Drug Administration 
     Modernization Act of 1997 (21 U.S.C. 371(a)) is amended by 
     adding at the end ``For purposes of this section, an approved 
     article includes a new animal drug that is the subject of a 
     conditional approval or an index listing under sections 573 
     and 574 of the Federal Food, Drug, and Cosmetic Act, 
     respectively.''.
       (g) Regulations.--The Secretary of Health and Human 
     Services shall promulgate proposed regulations to implement 
     amendments to the Federal Food, Drug, and Cosmetic Act made 
     by this Act within 6 months of the date of enactment of this 
     Act, and final regulations within 24 months of the date of 
     enactment of this Act.
       (h) Office of Minor Use Animal Drug Development.--
       (1) The Secretary of Health and Human Services shall 
     establish within the Center of Veterinary Medicine of the 
     Food and Drug Administration an Office of Minor Use Animal 
     Drug Development (referred to in this

[[Page 20927]]

     subsection as the ``Office''). The Secretary of Health and 
     Human Services shall select an individual to serve as the 
     Director of such Office. The Director of such Office shall 
     report directly to the Director of the Center for Veterinary 
     Medicine. The Office shall be responsible for designating 
     minor use animal drugs under section 571 of the Federal Food, 
     Drug, and Cosmetic Act, for administering grants and 
     contracts for the development of animal drugs for minor uses 
     under section 575 of the Federal Food, Drug, and Cosmetic 
     Act, and for serving as liaison with any party interested in 
     minor use animal drug development.
       (2) For the Office described under paragraph (1), there are 
     authorized to be appropriated $1,200,000 for each of the 
     fiscal years 2001 through 2003.

     SEC. 4. CREDIT FOR CLINICAL TESTING EXPENSES FOR CERTAIN 
                   ANIMAL DRUGS FOR MINOR USES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 45C the following new section:

     ``SEC. 45D. CLINICAL TESTING EXPENSES FOR CERTAIN ANIMAL 
                   DRUGS FOR MINOR USES.

       ``(a) General Rule.--For purposes of section 38, the minor 
     use animal drug credit determined under this section for the 
     taxable year is an amount equal to 50 percent of the 
     qualified animal clinical testing expenses for the taxable 
     year.
       ``(b) Qualified Animal Clinical Testing Expenses.--For 
     purposes of this section--
       ``(1) Qualified animal clinical testing expenses.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `qualified animal clinical testing 
     expenses' means the amounts which are paid or incurred by the 
     taxpayer during the taxable year which would be described in 
     subsection (b) of section 41 if such subsection were applied 
     with the modifications set forth in subparagraph (B).
       ``(B) Modifications.--For purposes of subparagraph (A), 
     subsection (b) of section 41 shall be applied--
       ``(i) by substituting `animal clinical testing' for 
     `qualified research' each place it appears in paragraphs (2) 
     and (3) of such subsection, and
       ``(ii) by substituting `100 percent' for `65 percent' in 
     paragraph (3)(A) of such subsection.
       ``(C) Exclusion for amounts funded by grants, etc.--The 
     term `qualified animal clinical testing expenses' shall not 
     include any amount to the extent such amount is funded by any 
     grant, contract, or otherwise by another person (or any 
     governmental entity).
       ``(D) Special rule.--For purposes of this paragraph:
       ``(i) section 41 shall be deemed to remain in effect for 
     periods after June 30, 2000; and
       ``(ii) the trade or business requirement of section 
     41(b)(1) shall be deemed to be satisfied in the case of a 
     taxpayer that owns animals and that conducts clinical testing 
     on such animals.
       ``(2) Animal clinical testing.--
       ``(A) In general.--The term `animal clinical testing' means 
     any clinical testing--
       ``(i) which is carried out under an exemption for a drug 
     being tested for minor use under section 512(j), 573(k), or 
     574(i) of the Federal Food, Drug, and Cosmetic Act (or 
     regulations issued under such sections),
       ``(ii) which occurs--

       ``(I) after the date such drug is designated under section 
     571 of such Act, and
       ``(II) before the date on which an application with respect 
     to such drug is approved under section 512(c) of such Act, 
     and

       ``(iii) which is conducted by or on behalf of--

       ``(I) the taxpayer to whom the designation under such 
     section 571 applies, or
       ``(II) the owner of the animals that are the subject of 
     clinical testing.

       ``(B) Testing must be for minor use.--Animal clinical 
     testing shall be taken into account under subparagraph (A) 
     only to the extent such testing is related to the use of a 
     drug for the minor use for which it was designated under 
     section 571 of the Federal Food, Drug, and Cosmetic Act.
       ``(c) Coordination With Credit for Increasing Research 
     Expenditures.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     qualified animal clinical testing expenses for a taxable year 
     to which an election under this section applies shall not be 
     taken into account for purposes of determining the credit 
     allowable under section 41 for such taxable year.
       ``(2) Expenses included in determining base period research 
     expenses.--Any qualified animal clinical testing expenses for 
     any taxable year which are qualified research expenses 
     (within the meaning of section 41(b)) shall be taken into 
     account in determining base period research expenses for 
     purposes of applying section 41 to subsequent taxable years.
       ``(d) Definition and Special Rules.--
       ``(1) Minor use.--For purposes of this section, the term 
     `minor use' has the meaning given such term by section 
     201(ll) of the Federal Food, Drug, and Cosmetic Act. 
     Determinations under the preceding sentence with respect to 
     any drug shall be made on the basis of the facts and 
     circumstances as of the date such drug is designated under 
     section 571 of the Federal Food, Drug, and Cosmetic Act.
       ``(2) Denial of credit for testing conducted by 
     corporations to which section 936 applies.--No credit shall 
     be allowed under this section with respect to any animal 
     clinical testing conducted by a corporation to which an 
     election under section 936 applies.
       ``(3) Certain rules made applicable.--Rules similar to the 
     rules of paragraphs (1) and (2) of section 41(f) shall apply 
     for purposes of this section.
       ``(4) Election.--This section shall apply to any taxpayer 
     for any taxable year only if such taxpayer elects (at such 
     time and in such manner as the Secretary may by regulations 
     prescribe) to have this section apply for such taxable 
     year.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of such Code is amended--
       (A) by striking ``plus'' at end of paragraph (11),
       (B) by striking the period at the end of paragraph (12) and 
     inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(13) the minor use animal drug credit determined under 
     section 45D(a).''.
       (2) Section 280C(b) of such Code is amended--
       (A) in paragraph (1), by striking ``section 45C(b)'' and 
     inserting ``section 45C(b) or 45D(b)'', and
       (B) in paragraphs (1) and (2), by striking ``section 45C'' 
     each place it appears and inserting ``section 45C or 45D''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by inserting after the item relating to section 45C 
     the following new item:

``Sec. 45D. Clinical testing expenses for certain animal drugs for 
              minor uses.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (e) Regulations.--The Secretary of the Treasury shall 
     publish proposed regulations to implement amendments to the 
     Internal Revenue Code of 1986 made by this Act within 6 
     months after the date of the enactment of this Act, and final 
     regulations within 24 months after such date.
                                 ______
                                 
      Mr. DODD (for himself, Ms. Collins, and Mr. Kennedy):
  S. 3170. A bill to amend the Higher Education Act of 1965 to assist 
institutions of higher education to help at-risk students to stay in 
school and complete their 4-year postsecondary academic programs by 
helping those institutions to provide summer programs and grant aid for 
such students, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.


            College Completion Challenge Grants Act of 2000

  Mr. DODD. Mr. President, I rise today to join Senator Collins in 
offering legislation that will support our youth and promote their 
abilities by helping them stay in college and complete their degrees.
  There is no question that post-secondary education is a critical 
component in individual success in today's economy. Parents understand 
this reality from the day their children are born and they start 
worrying about how to make college affordable. Students know it as they 
work to achieve good grades and high test scores. And policymakers know 
it as we work to increase Pell grants and support increased saving 
options for families.
  But colleges achievement is not just about being accepted at a higher 
education institution. To fully see the benefits of post-secondary 
education, one must complete a degree. And yet, while college 
enrollment rates have been rising, 37 percent of students who enter 
post-secondary education drop out before they receive a degree or 
certificate. This problem is especially acute for minorities. Thirty 
percent of African-Americans and Hispanic-Americans drop out of college 
before the end of their first year. This is almost double the rate of 
white Americans.
  For these students and for us as a nation, these statistics represent 
a lost opportunity. Clearly, these students aspire to greater things--
to more education and better careers. But instead of fulfilling this 
promise, they leave school with their potential unrealized. 
Unfortunately, many of them also leave school not just with an academic 
set-back, but also with substantial student loan debt, which today is 
as much a reality of college attendance as is a course syllabus.

[[Page 20928]]

  The legislation I am introducing today, the ``College Completion 
Challenge Grants Act of 2000'', would provide vital support and 
assistance to at-risk students to help them stay in school and complete 
their degrees. The College Completion Challenge grant program is based 
on the successful work of the Student Support Services (SSS) program, 
which is one of the Turning R Into Opportunity programs. While TRIO is 
better known for its early intervention programs with talented, at-risk 
high school students, SSS follows through on these early efforts by 
supporting at-risk, first-generation college students once they are 
enrolled. The College Completion Challenge grants would supplement 
these student support services by offering additional scholarship aid, 
intensive summer programs, and further support services to students at 
risk of dropping out. Higher education institutions participating in 
SSS as well as those that provide similar support through other sources 
would be eligible to apply for these additional dollars.
  Mr. President, the House of Representatives has already acted on 
similar legislation, which was included in the Higher Education 
Technical Amendments that passed the House earlier this year. So, I am 
hopeful that we too can find an appropriate vehicle to support these 
students as they pursue their dreams. I urge my colleagues to support 
this legislation.
                                 ______
                                 
      By Mr. MURKOWSKI (for himself, Mr. Breaux, and Mr. Stevens):
  S. 3171. A bill to amend the Internal Revenue Code of 1986 to extend 
the section 29 credit for producing fuel from a non-conventional 
source; to the Committee on Finance.


           Energy Security for American Consumers Act of 2000

  Mr. MURKOWSKI. Mr. President, if this country is ever going to 
achieve the goal of reducing our dependency on foreign sources of oil 
to at least 50 percent, we are going to have to provide incentives that 
will encourage our energy industry to recover oil and gas from 
nonconventional sources.
  In the aftermath of the twin oil shocks of the 1970s, Congress 
enacted Section 29 of the tax code which provides a tax credit to 
encourage production of oil and gas from unconventional sources such as 
Devonian shale, tight rock formations, coalbeds and geopressurized 
brine. This credit has helped the industry invest in new technologies 
which allow us to recover large oil and gas deposits that are locked in 
various formations which are very expensive to develop.
  Since the Clinton-Gore Administration came into office, it has sent 
up various proposals all designed to eliminate the Section 29 credit. 
As a result of their efforts, the Section 29 credit has not applied to 
any facilities placed in service since July 1, 1998. That makes 
absolutely no sense when we realize that today we are 56 percent 
dependent on foreign sources of oil. Doing away with this credit sends 
a direct signal to the market--this country will not lift a finger to 
encourage energy development at home.
  I think it is time to reverse the failed energy policies of the 
Clinton-Gore administration. As part of that effort, I am today 
introducing legislation that would extend the Section 29 credit until 
2013 and allow it to apply to facilities that are placed in service 
before 2011. I am pleased that Senators Breaux and Stevens are joining 
me in this effort.
  Mr. President, if we are to retain the prosperity we have enjoyed 
over the last 20 years, we must have a stable and secure supply of oil 
and natural gas. Section 29 is an important provision that will allow 
our energy development companies to bring technologies on line to 
develop new energy deposits.
  Moreover, the bill expands the definition of qualifying investments 
to include heavy oil. In Alaska, there are several billion barrels of 
heavy oil in West Sak Prudhoe Bay that are just too costly to exploit 
because of the density of the oil and the fact that it is heavily laden 
with sand. Extension of the Section 29 credit could very well mean that 
these billions of barrels of heavy oil could be exploited and brought 
onto the U.S. energy market.
  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. 3171

       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 ``Energy Security for American 
     Consumers Act of 2000''.

     SEC. 2. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A 
                   NONCONVENTIONAL SOURCE.

       (a) Extension of Credit.--Subsection (f) of section 29 of 
     the Internal Revenue Code of 1986 (relating to credit for 
     producing fuel from a nonconventional source) is amended--
       (1) in paragraph (1)(A), by inserting before ``or'' the 
     following: ``or from a well drilled after the date of the 
     enactment of the Energy Security for American Consumers Act 
     of 2000, and before January 1, 2011,'',
       (2) in paragraph (1)(B), by inserting before ``and'' at the 
     end the following: ``or placed in service after the date of 
     the enactment of the Energy Security for American Consumers 
     Act of 2000, and before January 1, 2011,'', and
       (3) in paragraph (2), by striking ``2003'' and inserting 
     ``2013''.
       (b) Reduction in Amount of Credit by 20 percent per Year 
     Starting in 2007.-- Subsection (a) of section 29 of such Code 
     is amended to read as follows:
       ``(a) Allowance of Credit.--
       ``(1) In general.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to--
       ``(A) the applicable amount, multiplied by
       ``(B) the barrel-of-oil equivalent of qualified fuels--
       ``(i) sold by the taxpayer to an unrelated person during 
     the taxable year, and
       ``(ii) the production of which is attributable to the 
     taxpayer.
       ``(2) Applicable amount.--For purposes of paragraph (1), 
     the applicable amount is the amount determined in accordance 
     with the following table:

In the case of taxable years beginning in caleThe applicable amount is:
    2001 to 2008...............................................$3.00   
    2009.......................................................$2.60   
    2010.......................................................$2.00   
    2011.......................................................$1.40   
    2012.......................................................$0.80   
    2013 and thereafter........................................$0.00   
       (c) Credit Allowed Against Both Regular Tax and Alternative 
     Minimum Tax.--Paragraph (6) of section 29(b) of such Code is 
     amended to read as follows:
       ``(6) Application With Other Credits.--The credit allowed 
     by subsection (a) for any taxable year shall not exceed the 
     excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than subpart C and this section) and under section 
     1397E.''
       (d) Qualified Fuels To Include Heavy Oil.--Subsection (c) 
     of section 29 of such Code (defining qualified fuels) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end of 
     subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(D) heavy oil, as defined in section 613A(c)(6)(7).'', 
     and
       (2) by adding at the end the following new paragraph:
       ``(4) Special rule for heavy oil.--Heavy oil shall be 
     considered to be a qualified fuel only if it is produced from 
     a well drilled, or in a facility placed in service, after the 
     date of the enactment of the Energy Security for American 
     Consumers Act of 2000, and before January 1, 2011.''
       (e) Repeal of Superseded Subsection.--Subsection (g) of 
     section 29 of such Code is repealed.
       (f) Effective Date.--The amendments made by this Act shall 
     apply to taxable years beginning after December 31, 2000.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 3172. A bill to provide access to affordable health care for all 
Americans; to the Committee on Finance.


                         BASIC HEALTH PLAN ACT

  Mr. KENNEDY. Mr. President, last week, the Census Bureau released new 
figures on the number of the uninsured. Thanks to a prosperous economy 
and the Children's Health Insurance Program, the number of the 
uninsured declined for the first time in more than a decade. But that 
decline was small, and it is no cause for complacency. The number of 
uninsured is still far too high--43 million Americans have no insurance 
coverage--and any weakening in the economy is likely to send the number 
higher again.

[[Page 20929]]

  It's a national disgrace that so many Americans find the quality of 
their health determined by the quantity of their wealth. In this age of 
the life sciences, the importance of good medical care in curing 
disease and improving and extending life is more significant than ever, 
and denying any family the health care they need is unacceptable.
  Earlier this year, along with a number of my colleagues in the House 
and Senate, I introduced bipartisan legislation to extend the Child 
Health Insurance Program to include the parents of participating 
children and to increase the enrollment of eligible children in 
Medicaid and CHIP. It received a majority vote in the Senate, but it 
was defeated on a procedural motion. I hope that we will be able to 
pass it promptly next year, as an initial effective step to reduce the 
number of the uninsured.
  Today, I am introducing an additional measure. The Basic Access to 
Secure Insurance Coverage Health plan--or BASIC Health plan. 
Congressman John Dingell is introducing a companion measure in the 
House. Our proposal uses the model of the Child Health Insurance 
Program to make subsidized coverage available--through private 
insurance or Medicaid--to all Americans with incomes below 300 percent 
of poverty--$25,000 a year for an individual and $42,000 a year for a 
family of three.
  Almost three-quarters of the uninsured are in this income range. Our 
plan also includes innovative steps to encourage current and newly 
eligible individuals and families to enroll. It is a major step toward 
the day when access to affordable health care will be a reality for all 
Americans, and I hope it will be enacted as well next year.
  The need for BASIC is clear. One of our highest national priorities 
for the new century must be to make good health care a reality for all 
our people. Every other industrialized society in the world except 
South Africa achieved that goal in the 20th century--and under Nelson 
Mandela and Thabo Mbeki, South Africa has taken giant steps toward 
universal health care today. But in our country, the law of the jungle 
still too often prevails. Forty-three million of our fellow citizens 
are left out and left behind when it comes to health insurance.
  The dishonor roll of suffering created by this national problem is a 
long one.
  Children fail to get a healthy start in life because their parents 
cannot afford the eyeglasses or hearing aids or doctors visits they 
need.
  A young family loses its chance to participate in the American dream, 
when a breadwinner is crippled or killed because of lack of timely 
access to medical care.
  A teenager is condemned to go without a college education because the 
family's income and energy are sucked away by the high financial and 
emotional cost of uninsured illness.
  An older couple sees its hope for a dignified retirement dashed when 
the savings of a lifetime are washed away by a tidal wave of medical 
debt.
  Even in this time of unprecedented prosperity, more than 200,000 
Americans annually file for bankruptcy because of uninsured medical 
costs. And the human costs of being uninsured are often just as 
devastating.
  In any given year, one-third of the uninsured go without needed 
medical care.
  Eight million uninsured Americans fail to take the medication that 
their doctor prescribes, because they cannot afford to fill the 
prescription.
  Four hundred thousand children suffer from asthma but never see a 
doctor. Five hundred thousand children with recurrent earaches never 
see a doctor. Another five hundred thousand children with severe sore 
throats never see a doctor.
  Thirty-two thousand Americans with heart disease go without life-
saving and life-enhancing bypass surgery or angioplasty--because they 
are uninsured.
  Twenty-seven thousand uninsured women are diagnosed with breast 
cancer each year. They are twice as likely as insured women not to 
receive medical treatment before their cancer has already spread to 
other parts of their bodies. As a result, they are 50 percent more 
likely to die of the disease.
  Overall, eighty-three thousand Americans die each year because they 
have no insurance. The lack of insurance is the seventh leading cause 
of death in America today. Our failure to provide health insurance for 
every citizen kills more people than kidney disease, liver disease, and 
AIDS combined.
  Today our opportunity to finally end these millions of American 
tragedies is greater than ever before. Our prosperous economy gives us 
large new resources to invest in meeting this critical need. Recently, 
some Republicans in Congress have finally joined Democrats in urging 
our country to meet the challenge of providing health coverage to the 
43 million Americans who are uninsured.
  The BASIC plan can be a bridge for both Republicans and Democrats to 
come together. It is based on the model of the Child Health Insurance 
Program, which enjoys broad bi-partisan support in every state in the 
country. It emphasizes a Federal-State partnership to make care 
accessible and affordable. Insurance is provided primarily through the 
private sector, but without employer mandates.
  The BASIC plan is designed to supplement, not replace, the current 
employment-based system of health care. It will also build on Medicaid, 
which effectively serves so many of the very poor, the working poor, 
the disabled, and people with AIDS.
  Federal subsidies under BASIC will be targeted to those without 
insurance today. We should not disrupt the health coverage that 161 
million Americans now receive through their employers. It makes no 
sense to encourage those who already have reliable employer-based 
health insurance to turn instead to a new government-subsidized 
program. The cost to taxpayers would balloon needlessly, and force us 
to reduce benefits in order to cut costs.
  The proposal builds on and expands proven programs that are already 
in place. States will provide coverage under Medicaid for all very low 
income people, consistent with the mandate that already exists in 
federal law to provide Medicaid coverage for all children with family 
incomes below 100 percent of poverty. Medicaid's broad benefits and 
minimal cost-sharing are ideal for very low income people, because they 
cannot afford to contribute significantly to the cost of their own 
care.
  For low and moderate income individuals and families, the plan 
follows the CHIP model. States will have the choice of providing 
coverage through Medicaid or contracting with private insurance 
companies to offer subsidized coverage to those eligible to 
participate. The state would pay the insurance company a premium for 
each individual enrolled. For higher income enrollees, the individual 
would make a premium contribution as well.
  One-third of all the uninsured today are poor, and almost three-
quarters of the uninsured have incomes below 300 percent of poverty. A 
program of subsidies targeted on these low and moderate income 
Americans will put affordable health insurance within reach of the vast 
majority of the uninsured.
  One of the biggest problems we face in expanding health insurance 
coverage through such a program is assuring that those who are eligible 
actually participate. We have learned a great deal from the experience 
under CHIP on how to achieve this objective. We know that simple, mail-
in forms are important. We know that public information campaigns and 
the involvement of community-based organizations can be valuable. We 
know that programs with presumptive eligibility are effective--so that 
people can be signed up right away, without waiting until the 
eligibility verification process has been completed. We know that 
enrolling people for a year at a time without subjecting them to 
reapplications or reverification of income more often than once a year 
is critical. Through steps like these, we can see that the uninsured 
are not only eligible for the program but actually participate in it, 
so that they actually have the financial protection and access to 
timely medical care they need.
  The BASIC Health plan will not require employers to contribute to the

[[Page 20930]]

cost of coverage. But it will require them to make the BASIC plan 
coverage available through the workplace, and forward the premiums of 
workers to the insurance company that the workers choose. This step is 
a minimum obligation that responsible employers should be willing to 
accept--and it can significantly increase the number of the uninsured 
who actually have coverage. Eighty-two percent of uninsured Americans 
today are workers or dependents of workers. Our message to all of them 
is that help is finally on the way.
  The cost of the BASIC place is an estimated $200 billion to $300 
billion over the next ten years--approximately the cost of the 
prescription drug plans that many of us have proposed under Medicare. 
It's a substantial amount of the surplus, but as we know from the 
success of Medicare, few if any federal dollars are better spent.
  In sum, every child deserves a healthy start and life. Every family 
deserves protection against the high cost of illness. All Americans 
deserve timely access to quality, affordable health care. The American 
people want action. It is time for all of us to make the cause of 
health care for all a national priority.
  I ask unanimous consent that a summary of the BASIC plan and a fact 
sheet on the problem of the uninsured be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Need for Legislation and Summary of the ``Basic'' Health Program: 
        Universal Access to Affordable Quality Health Insurance

       America is the only industrial country in the world, except 
     South Africa, that does not guarantee health care for all its 
     citizens. The number of uninsured declined last year for the 
     first time in more than a decade--but 43 million Americans 
     remain uninsured, and any slowdown in the economy is likely 
     to send the number up again. The vast majority of the 
     uninsured are workers or dependents of workers. The 
     consequences of being uninsured go far beyond vulnerability 
     to catastrophic medical costs. The uninsured often lack 
     timely access to quality health care, especially preventive 
     care. They suffer unnecessary illness and even death because 
     they have no coverage.

                        Growth in the Uninsured

       The number of the uninsured has grown from 32 million in 
     1987 to 43 million this year. Except for a brief pause in 
     1993 and 1994, the number of uninsured has consistently 
     increased by a million or more each year until this year. 
     Even these figures understate the number of the uninsured. 
     During the course of a year, 70 million Americans will be 
     uninsured for an extended period of time.

                    Characteristics of the Uninsured

       The vast majority of privately insured Americans--161 
     million citizens under 65--receive coverage on the job as 
     workers or members of their families. But the uninsured are 
     also overwhelmingly workers or their dependents. Eighty-two 
     percent of those without insurance are employees or family 
     members of employees. Of these uninsured workers, most are 
     members of families with at least one person working full-
     time.
       Most uninsured workers are uninsured because their employer 
     either does not offer coverage, or because they are not 
     eligible for the coverage offered. Seventy percent of 
     uninsured workers are in firms where no coverage is offered. 
     Eighteen percent are in firms that offer coverage, but they 
     are not eligible for it, usually because they are part-time 
     workers or have not been employed by the firm long enough to 
     qualify for coverage. Only 12 percent of uninsured workers 
     are offered coverage and decline.
       The uninsured are predominantly low and moderate income 
     persons. Almost 25 percent are poor (income of $8,501 or less 
     for a single individual; $13,290 or less for a family of 
     three). Twenty-eight percent have incomes between 100 and 200 
     percent of poverty. Eighteen percent have incomes between 200 
     and 300 percent of poverty. Almost three-fourths have incomes 
     below 300 percent of poverty.

                    Consequences of Being Uninsured

       An uninsured family is exposed to financial disaster in the 
     event of serious illness. Unpaid medical bills account for 
     200,000 bankruptcies annually. Over 9 million families spend 
     more than one fifth of their total income on medical costs. 
     The health consequences of being uninsured are often as 
     devastating as the economic costs:
       In any given year, one-third of the uninsured go without 
     needed medical care.
       Eight million uninsured Americans fail to take medication 
     their doctors prescribe, because they cannot afford to fill 
     the prescription.
       Thirty-two thousand Americans with heart disease go without 
     life-saving and life-enhancing bypass surgery or angioplasty, 
     because they are uninsured.
       Twenty-seven thousand uninsured women are diagnosed with 
     breast cancer each year. They are twice as likely as insured 
     women not to receive medical treatment until their cancer has 
     already spread in their bodies. As a result, they are 50 
     percent more likely to die of the disease.
       The tragic bottom line is that eighty-three thousand 
     Americans die every year because they have no insurance. 
     Being uninsured is the seventh leading cause of death in 
     America. Our failure to provide health insurance for every 
     citizen kills more people than kidney disease, liver disease, 
     and AIDS combined.


  the proposal: summary of basic access to secure insurance coverage 
                  health plan (``basic'' health plan)

                                Overview

       The BASIC program builds on the bi-partisan Child Health 
     Insurance Program and on Vice-President Gore's proposal to 
     extend insurance coverage under CHIP and Medicaid to the 
     parents of eligible children. The Child Health Insurance 
     Program provides subsidized coverage through Medicaid or 
     private insurers contracting with state governments for low 
     and moderate income children. The BASIC plan extends the 
     availability of subsidized coverage to all uninsured low and 
     moderate income Americans, regardless of age or family 
     status. It guarantees the availability of coverage in every 
     state for every uninsured person, and includes provisions to 
     encourage enrollment by those who are eligible. The plan also 
     allows those who have incomes too high to qualify for 
     subsidies to participate in the program by paying the full 
     premium.

                             Key Provisions

     Phase 1: Coverage for Children and Parents--Expansion of CHIP 
         and Medicaid
       Eligibility levels are raised to 300 percent of poverty for 
     all uninsured children.
       Coverage is made available to all uninsured parents of 
     eligible children.
       Coverage is made available to legal immigrant children and 
     their parents.
       The required benefit package for children is improved by 
     adding eye-glasses, hearing aids, and medically necessary 
     rehabilitative services for disabled or developmentally 
     delayed children.
       Additional steps are established to encourage enrollment of 
     eligible children and their parents, including presumptive 
     eligibility, qualification for at least twelve months, and 
     simplified application forms.
       The system of capped state allotments under CHIP is 
     eliminated and federal matching funds are made available for 
     all eligible persons enrolled in the program.
     Phase II: Coverage for the Remaining Uninsured
       Subsidized coverage is made available for all uninsured 
     single adults with incomes below 300 percent of poverty. 
     Coverage is phased in by income levels, beginning with those 
     below 50 percent of poverty in the third year of the program, 
     rising to 300 percent of poverty in the ninth year.
       Unsubsidized coverage is available to all individuals in 
     families with incomes too high to qualify for subsidized 
     coverage, by paying the cost through premiums.
     Responsibility of Employers
       Eighty-two percent of the uninsured are workers or 
     dependents of workers. Employers will not be required to 
     provide coverage or contribute to the cost of coverage--but 
     they will be required to offer their uninsured employees an 
     opportunity to enroll in the program and agree to facilitate 
     the coverage by withholding any required premium 
     contributions from the employee's periodic pay.
     Cost
       Preliminary estimates of similar proposals indicate that 
     the federal cost will be $200-$300 billion over the next ten 
     years, beyond the amount already budgeted for expansions of 
     coverage under the current CHIP program.
                                 ______
                                 
      By Mr. SMITH of New Hampshire (for himself, Mr. Warner, Mr. 
        Inhofe, Mr. Thomas, Mr. Bond, Mr. Voinovich, Mr. Crapo, Mr. L. 
        Chafee, Mr. Baucus, Mr. Moynihan, and Mr. Graham):
  S. 3173. A bill to improve the implementation of the environmental 
streamling provisions of the Transportation Equity Act for the 21st 
Century; read the first time.


               Environmental Streamlining Improvement Act

  Today I am introducing legislation that requires the US Department of 
Transportation to make substantial revisions to the recently proposed 
regulations on transportation planning and environmental streamlining. 
This action is necessary because the proposed regulations fail to fully 
comply with the direction that Congress gave to the U.S. Department of 
Transportation (US DOT) in the Transportation Equity Act for the 21st 
Century--the so-called TEA--21--that we passed in 1998.

[[Page 20931]]

  The proposed regulations cover the inter-related disciplines of 
transportation planning and environmental protection. It is my view 
that transportation system development and the environment can exist in 
harmony if there is proper planning and foresight. All too often, 
though, there is a lack of coordination that results in unnecessary 
delays to transportation projects, or leads to wasted time and funds on 
projects that never get built.
  This is the problem that I, along with my colleagues, Senators Graham 
and Wyden, attempted to address when we authored TEA-21's environmental 
streamlining provision. Our provision, which is section 1309 of TEA-21, 
required a more systematic approach to avoid conflicts, expedite 
approvals, and eliminate duplicated efforts in developing 
transportation projects.
  Section 1309 does not weaken environmental standards or avoid 
existing requirements for environmental analysis. Instead, section 1309 
requires better coordination between the transportation and 
environmental agencies.
  Specifically, section 1309 requires that US DOT to establish a 
coordinated review process among the various state and federal 
agencies, to ensure concurrent rather than sequential reviews by these 
agencies, and to establish a dispute resolution process so that delays 
are not created by lingering, unresolved problems. We also included 
other changes in TEA-21 that were intended to put greater order and 
efficiency into the planning and approval of transportation projects.
  Unfortunately, the proposed regulations fail to meet the requirements 
of TEA-21 in two important respects: First, the regulations do not 
incorporate the specific requirements of environmental streamlining 
with regard to time periods for review or a dispute resolution process.
  Second, the regulations create new data collection, consultation and 
analysis requirements that will further complicate and delay 
transportation projects.
   The full Committee on Environment and Public Works held a hearing 
two weeks ago to take testimony from the administration and the states 
on the intent and effect of these regulations. the states unanimously 
objected to the increased burden that would result from these proposed 
regulations. Where we intended to reduce delay, state transportation 
departments testified that these regulations would add years to project 
development, putting us even further behind in meeting our 
transportation needs.
  A few weeks ago, eleven bipartisan members of my committee joined in 
a letter to the Secretary of Transportation recommending that the 
proposed regulations be revised and reissued. That is precisely the 
subject of the legislation I am introducing today.
  This bill requires the Secretary of Transportation to revise the 
rules, taking into consideration the hundreds of comments received on 
the current proposal, and to comply with the clear directives that US 
DOT received from Congress in section 1309 of TEA-21. I hope that with 
a second chance, the US DOT will craft rules that clearly meet 
Congressional intent.
  Mr. BAUCUS. Mr. President, today Senator Smith, on behalf of Senator 
Voinovich, myself and others is introducing the Environmental 
Streamlining Improvement Act.
  This bill ensures that the United States Department of Transportation 
will issue a revised rule on TEA-21 environmental streamlining 
regulations. This bill will give the USDOT another chance to follow the 
statute when issuing proposed rules on planning and the environment.
  The Environment and Public Works Committee has held three hearings on 
the subject of environmental streamlining since the passage of TEA-21 
in 1998. I am sorry to say that in the 2 years it has taken the USDOT 
to issue this NPRM, they fall far short of what Congress has intended. 
TEA-21 is very specific about what the regulations should do. The 
proposed regulations follow neither the word nor the intent of TEA-21.
  I remember working with Senators Warner, Graham, Wyden and Chafee and 
with the House members to develop an agreement on environmental 
streamlining. Those provisions are now Sections 1308 and 1309 of TEA-
21.
  I had heard from the Montana Department of Transportation and from 
others about how cumbersome a process it is to complete a highway 
project. Everyone who worked on TEA-21, in both the House and Senate, 
wanted to include a direction to the USDOT to streamline the planning 
and project development processes for the states.
  We were very clear--the environment and the environmental reviews 
should not get short shrift! But, we need to find a way to make it 
easier to get a final decision, eliminate unnecessary delays, move 
faster and with as little paperwork as possible.
  I cannot over-emphasize that the planning and environmental 
provisions of TEA-21 need to be implemented in a way that will 
streamline the expedite, not complicate, the process of delivering 
transportation projects.
  That is why Congress directed the USDOT to include certain elements 
in their regulations on environmental streamlining.
  We included concepts to be incorporated in future regulations--like 
concurrent environmental reviews by agencies and reasonable deadlines 
for the agencies to follow when completing their reviews.
  Certainly we did not legislate an easy task to the USDOT. Trying to 
coordinate so many separate agencies is like trying to herd cats. The 
whole concept of environmental streamlining--that is, to make the 
permit and approval process work more smoothly and effectively, while 
still ensuring protection of the environment--is one of the more 
difficult challenges of TEA-21.
  So I waited for the rules to come out. And waited. And two years 
after the passage of TEA-21 I look at the proposed rules and I am very 
disappointed.
  I have identified several problems with these regulations and I would 
like to mention just a few things that I see as real problems.
  First, elevating the planning process participants to the roles of 
decision makers. These regulations were supposed to help the States get 
their jobs done better and more efficiently. Its one thing to add more 
participants to the process. More involvement is a good thing.
  But its another thing to give them the authority to make decisions 
about how the planning process will work. This decision maker role is 
currently held by State DOTs and Metropolitan Planning Organizations 
for a reason.
  Second, what happened to ``streamlining?'' The basic elements of real 
streamlining are the only things not in the regs.
  Third, these regulations are supposed to answer questions--but what 
is contained in the proposed regulations raises even more questions 
because they are vague there they need to be precise.
  Fourth, this proposal makes it even harder, if not impossible to come 
to a decision. These regulations include initiatives not outlined in 
sections 1308 and 1309 and in many areas would strip states of their 
authority.
  I would also like to mention that the Montana Department of 
Transportation filed comments or wrote letters at every possible 
opportunity for the public record. As I read these proposed 
regulations, I see that MDT's comments were either never read by the 
USDOT or ignored.
  Let me close by saying that I believe the proposed rules would add 
significant requirements and uncertainty to planning and environmental 
review for transportation projects. In practical terms, they would 
increase overhead and delay--and delay usually means increased project 
costs. These proposed rules could make it difficult for States to 
deliver their programs. Contracts won't get let and jobs will be lost.
  I know this is a tough task. To streamline a process while ensuring 
that we maintain a thorough planning and environmental review process. 
But, adding requirements to the process is contrary to the course 
charted by Congress.
  At our last hearing, the administration testified that their intent 
was to streamline the process. The bill we are

[[Page 20932]]

introducing today would allow them to make good on their intent.
  Our bill requires the USDOT go back to the drawing board and 
incorporate comments received from States and others and issue another 
NPRM. I am confident the USDOT will do the right thing this time.
  Mr. VOINOVICH. Mr. President, I rise today to thank Senator Bob Smith 
of introducing the Environmental Streamlining Improvement Act today. 
Last month several of my colleagues on the Environmental and Public 
Works Committee, following a full committee hearing on the issue, 
requested that the Administration revise its proposed rules on 
environmental streamlining and transportation planning, taking into 
consideration comments already submitted on the proposed rules, and 
publish them in the Federal Register for an additional 120-day comment 
period. This legislation is being introduced today because the 
Administration has not responded to our request.
  In addition to requiring the Administration to consider public 
comments and to revise and re-propose rules on environmental 
streamlining and transportation planning, this legislation would 
prevent the Secretary of Transportation from finalizing the rules until 
May 1, 2001, and require a report on changes that were made to the 
revised rules.
  When I was Governor of Ohio, I witnessed first-hand the frustration 
of many of the various state agencies because they were required to 
complete a myriad of federally-required tasks on whatever project they 
initiated.
  With my background as a local and state official, I bring a unique 
perspective to this issue. While environmental review is good public 
policy, I believe that there are more efficient ways to ensure adequate 
and timely delivery of construction projects, while still carefully 
assessing environmental concerns.
  Congress recognized the frustration of the states and enacted 
planning and environmental provisions to initiate environmental 
streamlining and expedite project delivery. These programs are embodied 
in Sections 1308 and 1309 of TEA-21. Section 1308 calls for the 
integration of the Major Investment Study, which had been a separate 
requirement for major metropolitan projects, with the National 
Environmental Policy Act (NEPA) process. Section 1309 of TEA-21 calls 
for the establishment of a coordinated review process for the 
Department of Transportation to work with other federal agencies to 
ensure that transportation projects are advanced according to 
cooperatively determined time-frames. This is accomplished by using 
concurrent rather than sequential reviews, and allows states to include 
state-specific environmental reviews in the coordinated process.
  Last year, I conducted two hearings as Chairman of the Subcommittee 
on Transportation and Infrastructure on streamlining and project 
delivery. During those hearings I stressed how important it is that the 
planning and environmental streamlining provisions of TEA-21 be 
implemented in a way that will streamline and expedite, not complicate, 
the process of delivering transportation projects. A year after these 
hearings and nearly two years after the passage of TEA-21, the 
Department of Transportation finally published its proposed planning 
and NEPA regulations on May 25, 2000. Frankly, I am very disappointed 
with how long it took to propose these rules, and I believe many of my 
colleagues feel the same way. More importantly, there is a lot of 
disappointment with the proposed rules in general.
  I strongly believe these proposed regulations are inconsistent with 
TEA-21 and Congressional intent and do little, if anything, to 
streamline and expedite the ability of states to commence 
transportation projects. The proposed rules create new mandates and 
requirements, add new decision-makers to the process, and provide 
endless fodder for all kinds of lawsuits, especially with regard to 
environmental justice.
  In Ohio, the process of highway construction has been dubbed: ``So 
you Want a Highway? Here's the Eight Year Hitch.'' My hope has been 
that in the future we could say ``So you Want a Highway? Here's the 
Five Year Hitch.'' I don't see that happening with the proposal we have 
before us. For that reason, I am very pleased Senator Smith has 
introduced this legislation today.
                                 ______
                                 
      Mr. CRAIG (for himself, Mr. Conrad, Mr. Baucus, Mr. Bingaman, Mr. 
        Breaux, Mr. Burns, Mr. Crapo, Mr. Daschle, Mr. Enzi, Mr. 
        Gorton, Mr. Gramm, Mr. Grams, Mr. Gregg, Mr. Harkin, Mrs. 
        Hutchison, Mr. Jeffords, Mr. Johnson, Mr. Kennedy, Mr. Kerrey, 
        Mr. Leahy, Mr. Lugar, Ms. Mikulski, Mrs. Murray, Mr. Reed, Mr. 
        Sarbanes, Mr. Smith of New Hampshire, Mr. Thomas, and Mr. 
        Wellstone):
  S. 3175. A bill to amend the Consolidated Farm and Rural Development 
Act to authorize the National Rural Development Partnership, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


           national rural development partnership act of 2000

  Mr. CRAIG. Mr. President, I rise today with Senator Conrad to 
introduce the ``National Rural Development Partnership Act of 2000''--a 
bill to codify the National Rural Development Partnership (NRDP or the 
Partnership) and provide a funding source for the program. I am pleased 
that Senators Baucus, Bingaman, Breaux, Burns, Crapo, Daschle, Enzi, 
Gorton, Gramm, Grams, Gregg, Harkin, Hutchison, Jeffords, Johnson, 
Kennedy, Kerrey, Leahy, Lugar, Mikulski, Murray, Reed, Sarbanes, Bob 
Smith, Thomas, and Wellstone are joining us as original cosponsors.
  The Partnership was established under the Bush Administration in 
1990, by Executive Order 12720. Although the Partnership has existed 
for ten years, it has never been formally authorized by Congress. The 
current basis for the existence of the Partnership is found in the 
Consolidated Farm and Rural Development Act of 1972 and the Rural 
Development Policy Act of 1980. In addition, the Conference Committee 
Report on the 1996 federal Farm Bill created specific responsibilities 
and expectations for the Partnership and state rural development 
councils (SRDCs).
  The Partnership is a nonpartisan interagency working group whose 
mission is to ``contribute to the vitality of the Nation by 
strengthening the ability of all rural Americans to participate in 
determining their futures.'' The NRDP and SRDCs do something no other 
entities do: facilitate collaboration among federal agencies and 
between federal agencies and state, local, and tribal governments and 
the private and non-profit sectors to increase coordination of programs 
and services to rural areas. When successful, these efforts result in 
more efficient use of limited rural development resources and actually 
add value to the efforts and dollars of others.
  On March 8, 2000, the Subcommittee on Forestry, Conservation, and 
Rural Revitalization, which I chair, held an oversight hearing on the 
operation and accomplishments of the NRDP and SRDCs. The Subcommittee 
heard from a number of witnesses, including officials of the US 
Departments of Agriculture, Transportation and Health & Human Services, 
state agencies, and private sector representatives. The hearing 
established the need for some legislative foundation and consistent 
funding. The legislation we are introducing accomplishes this.
  This legislation formally recognizes the existence and operations of 
the Partnership, the National Rural Development Council (NRDC), and 
SRDCs. In addition, the legislation gives specific responsibilities to 
each component of the Partnership and authorizes it to receive 
Congressional appropriations.
  Specifically, the bill formally establishes the NRDP and indicates it 
is composed of the NRDC and SRDCs. NRDP is established for empowering 
and building the capacity of rural communities, encouraging 
participation in flexible and innovative methods of addressing the 
challenges of rural areas, and encouraging all those involved in the 
Partnership to be fully engaged and to share equally in decision 
making.

[[Page 20933]]

This legislation also identifies the role of the federal government in 
the Partnership as being that of partner, coach, and facilitator. 
Federal agencies are called upon to designate senior-level officials to 
participate in the NRDC and to encourage field staff to participate in 
SRDCs. Federal agencies are also authorized to enter into cooperative 
agreements with, and to provide grants and other assistance to, state 
rural development councils, regardless of the form of legal 
organization of a state rural development council.
  The composition of the NRDC is specified as being one representative 
from each federal agency with rural responsibilities, and governmental 
and non-governmental for-profit and non-profit organizations that elect 
to participate in the NRDC. The legislation outlines the duties of the 
Council as being to provide support to SRDCs; facilitate coordination 
among federal agencies and between the federal, state, local and tribal 
governments and private organizations; enhance the effectiveness, 
responsiveness, and delivery of federal government programs; gather and 
provide to federal agencies information about the impact of government 
programs on rural areas; review and comment on policies, regulations, 
and proposed legislation; provide technical assistance to SRDCs; and 
develop strategies for eliminating administrative and regulatory 
impediments. Federal agencies do have the ability to opt out of 
participation in the Council, but only if they can show how they can 
more effectively serve rural areas without participating in the 
Partnership and Council.
  This legislation provides that states may participate in the 
Partnership by entering into a memorandum of understanding with USDA to 
establish an SRDC. SRDCs are required to operate in a nonpartisan and 
nondiscriminatory manner and to reflect the diversity of the states 
within which they are organized. The duties of the SRDCs are to 
facilitate collaboration among government agencies at all levels and 
the private and non-profit sectors; to enhance the effectiveness, 
responsiveness, and delivery of federal and state government programs; 
to gather information about rural areas in its state and share it with 
the NRDC and other entities; to monitor and report on policies and 
programs that address, or fail to address, the needs of rural areas; to 
facilitate the formulation of needs assessments for rural areas and 
participate in the development of the criteria for the distribution of 
federal funds to rural areas; to provide comments to the NRDC and 
others on policies, regulations, and proposed legislation; assist the 
NRDC in developing strategies for reducing or eliminating impediments; 
to hire an executive director and support staff; and to fundraise.
  As I have stated before, this legislation authorizes the Partnership 
to receive appropriations as well as authorizing and encouraging 
federal agencies to make grants and provide other forms of assistance 
to the Partnership and authorizing the Partnership to accept private 
contributions. The SRDCs are required to provide at least a 25 percent 
match for funds it receives as a result of its cooperative agreement 
with the federal government.
  As you know, too many parts of rural America have not shared in the 
boom that has brought great prosperity to urban America. We need to do 
more to ensure that rural citizens will have opportunities similar to 
those enjoyed by urban areas. To do so, we do not necessarily need new 
government programs. Instead, we must do a better job of coordinating 
the many programs available for USDA and other federal agencies that 
can benefit rural communities. With the passage of this legislation, 
the NRDP and SRDCs will be better situated to provide that much needed 
coordination.
  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. 3175

       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 ``National Rural Development 
     Partnership Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) rural development has been given high priority 
     throughout most of this century as a means of achieving a 
     sound balance between rural and urban areas in the United 
     States, a balance that Congress considers essential to the 
     peace, prosperity, and welfare of all citizens of the United 
     States;
       (2)(A) during the last half century, Congress has enacted 
     many laws and established many programs to provide resources 
     to rural communities;
       (B) in addition, numerous efforts have been made to 
     coordinate Federal rural development programs; and
       (C) during the last decade, the National Rural Development 
     Partnership and its principal components, the National Rural 
     Development Council and State rural development councils, 
     have successfully provided opportunities for collaboration 
     and coordination among Federal agencies and between Federal 
     agencies and States, nonprofit organizations, the private 
     sector, tribal governments, and other entities committed to 
     rural advancement;
       (3) Congress enacted the Rural Development Act of 1972 (86 
     Stat. 657) and the Rural Development Policy Act of 1980 (94 
     Stat. 1171) as a manifestation of this commitment to rural 
     development;
       (4) section 2(b)(3) of the Rural Development Policy Act of 
     1972 (7 U.S.C. 2204b(b)(3)) directs the Secretary of 
     Agriculture to develop a process through which multi-state, 
     State, substate, and local rural development needs, goals 
     objectives, plans and recommendations can be received and 
     assessed on a continuing basis;
       (5) the National Rural Development Partnership and State 
     Rural Development Councils were established as vehicles to 
     help coordinate development of rural programs in 1990;
       (6) in 1991, the Secretary began to execute those statutory 
     responsibilities, in part through the innovative mechanism of 
     national, State, and local rural development partnerships 
     administered by the Under Secretary of Agriculture for Small 
     Community and Rural Development;
       (7) that mechanism, now known as the ``National Rural 
     Development Partnership'', has been recognized as a model of 
     new governance and as an example of the effectiveness of 
     collaboration between the Federal, State, local, tribal, 
     private, and nonprofit sectors in addressing the needs of the 
     rural communities of the United States;
       (8) partnerships by agencies and entities in the 
     Partnership would extend scarce but valuable funding through 
     collaboration and cooperation; and
       (9) the continued success and efficacy of the Partnership 
     could be enhanced through specific Congressional 
     authorization removing any statutory barriers that could 
     detract from the benefits potentially achieved through the 
     Partnership's unique structure.

     SEC. 3. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.

       The Consolidated Farm and Rural Development Act (7 U.S.C. 
     1921 et seq.) is amended by adding at the end the following:

     ``SEC. 381P. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.

       ``(a) Definitions.--In this section:
       ``(1) Agency with rural responsibilities.--The term `agency 
     with rural responsibilities' means any executive agency (as 
     defined in section 105 of title 5, United States Code) that--
       ``(A) implements Federal law targeted at rural areas, 
     including--
       ``(i) the Act of April 24, 1950 (commonly known as the 
     Granger-Thye Act) (64 Stat. 82, chapter 9);
       ``(ii) the Intergovernmental Cooperation Act of 1968 (82 
     Stat. 1098);
       ``(iii) section 41742 of title 49, United States Code;
       ``(iv) the Rural Development Act of 1972 (86 Stat. 657);
       ``(v) the Rural Development Policy Act of 1980 (94 Stat. 
     1171);
       ``(vi) the Rural Electrification Act of 1936 (2 U.S.C. 901 
     et seq.);
       ``(vii) amendments made to section 334 of the Public Health 
     Service Act (42 U.S.C. 254g) by the Rural Health Clinics Act 
     of 1983 (97 Stat. 1345); and
       ``(viii) the Rural Housing Amendments of 1983 (97 Stat. 
     1240) and the amendments made by the Rural Housing Amendments 
     of 1983 to title V of the Housing Act of 1949 (42 U.S.C. 1471 
     et seq.); or
       ``(B) administers programs that have a significant impact 
     on rural areas, including--
       ``(i) the Appalachian Regional Commission;
       ``(ii) the Department of Agriculture;
       ``(iii) the Department of Commerce;
       ``(iv) the Department of Defense;
       ``(v) the Department of Education;
       ``(vi) the Department of Energy;
       ``(vii) the Department of Health and Human Services;
       ``(viii) the Department of Housing and Urban Development;
       ``(ix) the Department of the Interior;
       ``(x) the Department of Justice;
       ``(xi) the Department of Labor;
       ``(xii) the Department of Transportation;
       ``(xiii) the Department of the Treasury.

[[Page 20934]]

       ``(xiv) the Department of Veterans Affairs;
       ``(xv) the Environmental Protection Agency;
       ``(xvi) the Federal Emergency Management Administration;
       ``(xvii) the Small Business Administration;
       ``(xviii) the Social Security Administration;
       ``(xix) the Federal Reserve System;
       ``(xx) the United States Postal Service;
       ``(xxi) the Corporation for National Service;
       ``(xxii) the National Endowment for the Arts and the 
     National Endowment for the Humanities; and
       ``(xxiii) other agencies, commissions, and corporations.
       ``(2) Council.--The term ``Council'' means the National 
     Rural Development Council established by subsection (c).
       ``(3) Partnership.--The term ``Partnership'' means the 
     National Rural Development Partnership established by 
     subsection (b).
       ``(4) Rural area.--The term ``rural area'' means--
       ``(A) all the territory of a State that is not within the 
     boundary of any standard metropolitan statistical area, as 
     designated by the Director of the Office of Management and 
     Budget;
       ``(B) all territory within any standard metropolitan 
     statistical area described in subparagraph (A) within a 
     census tract having a population density of less than 20 
     persons per square mile, as determined by the Secretary 
     according to the most recent census of the United States as 
     of any date; and
       ``(C) such areas as a State Rural Development Council may 
     identify as rural.
       ``(5) State rural development council.--The term ``State 
     rural development council'' means a State rural development 
     council that meets the requirements of subsection (d).
       ``(b) Establishment.--
       ``(1) In general.--There is established a National Rural 
     Development Partnership composed of--
       ``(A) the National Rural Development Council established 
     under subsection (a); and
       ``(B) State rural development councils established under 
     subsection (d).
       ``(2) Purposes.--The purposes of the Partnership are--
       ``(A) to empower and build the capacity of States and rural 
     communities within States to design unique responses to their 
     own special rural development needs, with local 
     determinations of progress and selection of projects and 
     activities;
       ``(B) to encourage participants to be flexible and 
     innovative in establishing new partnerships and trying fresh, 
     new approaches to rural development issues, with responses to 
     rural development that use different approaches to fit 
     different situations; and
       ``(C) to encourage all 5 partners of the Partnership 
     (Federal, State, local, and tribal governments, the private 
     sector, and nonprofit organizations) to be fully engaged and 
     share equally in decisions.
       ``(3) Role of federal government.--The role of the Federal 
     Government in the Partnership should be that of a partner, 
     coach, and facilitator, with Federal agencies authorized--
       ``(A) to cooperate closely with States to implement the 
     Partnership;
       ``(B) to provide States with the technical and 
     administrative support necessary to plan and implement 
     tailored rural development strategies to meet local needs;
       ``(C) to delegate decisionmaking to other levels;
       ``(D) to ensure that the head of each department and agency 
     specified in subsection (a)(1)(B) designates a senior-level 
     agency official to represent the department or agency, 
     respectively, on the Council and directs appropriate field 
     staff to participate fully with the State rural development 
     council within their jurisdiction; and
       ``(E) to enter into cooperative agreements with, and to 
     provide grants and other assistance to, State rural 
     development councils, regardless of the form of legal 
     organization of a State rural development council and 
     notwithstanding any other provision of law.
       ``(4) Role of private and nonprofit sector organizations.--
     Private and nonprofit sector organizations are encouraged--
       ``(A) to act as full partners in the Partnership and State 
     rural development councils; and
       ``(B) to cooperate with participating government 
     organizations in developing innovative problem approaches to 
     rural development.
       ``(c) National Rural Development Council.--
       ``(1) Establishment.--There is established a National Rural 
     Development Council.
       ``(2) Composition.--The Council shall be composed of--
       ``(A) 1 representative of each agency with rural 
     responsibilities that elects to participate in the Council; 
     and
       ``(B) representatives of local, regional, State, tribal, 
     and nongovernmental profit and nonprofit organizations that 
     elect to participate in the activities of the Council.
       ``(3) Duties.--The Council shall--
       ``(A) provide support for the work of the State rural 
     development councils;
       ``(B) facilitate coordination among Federal programs and 
     activities, and with State, local, tribal, and private 
     programs and activities, affecting rural development;
       ``(C) enhance the effectiveness, responsiveness, and 
     delivery of Federal programs in rural areas;
       ``(D) gather and provide to Federal authorities information 
     and input for the development and implementation of Federal 
     programs impacting rural economic and community development;
       ``(E) review and comment on policies, regulations, and 
     proposed legislation that affect or would affect rural areas;
       ``(F) provide technical assistance to State rural 
     development councils for the implementation of Federal 
     programs; and
       ``(G) develop and facilitate strategies to reduce or 
     eliminate administrative and regulatory impediments.
       ``(4) Election not to participate.--An agency with rural 
     responsibilities that elects not to participate in the 
     Partnership shall submit to Congress a report that 
     describes--
       ``(A) how the programmatic responsibilities of the Federal 
     agency that target or have an impact on rural areas are 
     better achieved without participation by the agency in the 
     Partnership; and
       ``(B) a more effective means of partnership-building and 
     collaboration to achieve the programmatic responsibilities of 
     the agency.
       ``(5) Performance evaluations.--In conducting a performance 
     evaluation of an employee of an agency with rural 
     responsibilities, the agency shall consider any comments 
     submitted by a State rural development council.
       ``(d) State Rural Development Councils.--
       ``(1) Establishment.--Each State may elect to participate 
     in the Partnership by entering into a memorandum of agreement 
     with the Secretary to establish a State rural development 
     council.
       ``(2) State diversity.--Each State rural development 
     council shall--
       ``(A) have a nonpartisan and nondiscriminatory membership 
     that is broad and representative of the economic, social, and 
     political diversity of the State; and
       ``(B) carry out programs and activities in a manner that 
     reflects the diversity of the State.
       ``(3) Duties.--Each State rural development council shall--
       ``(A) facilitate collaboration among Federal, State, local, 
     and tribal governments and the private and nonprofit sectors 
     in the planning and implementation of programs and policies 
     that target or have an impact on rural areas of the State;
       ``(B) enhance the effectiveness, responsiveness, and 
     delivery of Federal and State programs in rural areas of the 
     State;
       ``(C) gather and provide to the Council and other 
     appropriate organizations information on the condition of 
     rural areas in the State;
       ``(D) monitor and report on policies and programs that 
     address, or fail to address, the needs of the rural areas of 
     the State;
       ``(E) facilitate the formulation of local needs assessments 
     for the rural areas of the State and participate in the 
     development of criteria for the distribution of Federal funds 
     to the rural areas of the State;
       ``(F) provide comments to the Council and other appropriate 
     organizations on policies, regulations, and proposed 
     legislation that affect or would affect the rural areas of 
     the State;
       ``(G) in conjunction with the Council, facilitate the 
     development of strategies to reduce or eliminate conflicting 
     or duplicative administrative or regulatory requirements of 
     Federal, State, local, and tribal governments;
       ``(H) use grant or cooperative agreement funds available to 
     the Partnership to--
       ``(i) retain an Executive Director and such support staff 
     as are necessary to facilitate and implement the directives 
     of the State rural development council; and
       ``(ii) defray expenses associated with carrying out 
     subparagraphs (A) through (G) and subparagraph (J);
       ``(I) be authorized to solicit funds to supplement and 
     match funds granted under subparagraph (H); and
       ``(J) be authorized to engage in all other appropriate 
     activities.
       ``(4) Comments or recommendations.--
       ``(A) In general.--A State rural development council may 
     provide comments and recommendations to an agency with rural 
     responsibilities related to the activities of the State rural 
     development council within the State.
       ``(B) Agency.--The agency with rural responsibilities shall 
     provide to the State rural development council a written 
     response to the comments or recommendations.
       ``(5) Actions of state rural development council members.--
     When carrying out a program or activity authorized by a State 
     rural development council, a member of the Council shall be 
     regarded as an employee of the Federal Government for 
     purposes of chapter 171 of title 28, United States Code.
       ``(6) Federal participation in state rural development 
     councils.--
       ``(A) In general.--Subject to subparagraph (B), Federal 
     employees may participate in a State rural development 
     council.
       ``(B) Conflicts.--A Federal employee who participates in a 
     State rural development council shall not participate in the 
     making

[[Page 20935]]

     of any council decision if the agency represented by the 
     Federal employee has any financial or other interest in the 
     outcome of the decision.
       ``(C) Federal guidance.--The Attorney General shall issue 
     guidance to all Federal employees that participate in State 
     rural development councils that describes specific decisions 
     that--
       ``(i) would constitute a conflict of interest for the 
     Federal employee; and
       ``(ii) from which the Federal employee must recuse himself 
     or herself.
       ``(e) Administration of the Partnership.--
       ``(1) Detail of employees.--In order to provide experience 
     in intergovernmental collaboration, with the approval of the 
     head of an agency with rural responsibilities that elects to 
     participate in the Partnership, an employee of the agency 
     with rural responsibilities is encouraged to be detailed to 
     the Partnership without reimbursement, and such detail shall 
     be without interruption or loss of civil service status or 
     privilege.
       ``(2) Additional support.--The Secretary shall provide for 
     any additional support staff to the Partnership as the 
     Secretary determines to be necessary to carry out the duties 
     of the Partnership.
       ``(3) Panel.--
       ``(A) In general.--A panel consisting of representatives of 
     the Council and State rural development councils shall be 
     established to lead and coordinate the strategic operation, 
     policies, and practices of the Partnership.
       ``(B) Annual reports.--In conjunction with the Council and 
     State rural development councils, the panel shall prepare and 
     submit to Congress an annual report on the activities of the 
     Partnership.
       ``(f) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.
       ``(2) Federal agencies.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, in order to carry out the purposes described in 
     subsection (b)(2), the Partnership shall be eligible to 
     receive grants, gifts, contributions, or technical assistance 
     from, or enter into contracts with, any Federal department or 
     agency, to the extent otherwise permitted by law.
       ``(B) Assistance.--Federal departments and agencies are 
     encouraged to use funds made available for programs that 
     target or impact rural areas to provide assistance to, and 
     enter into contracts with, the Partnership, as described in 
     subparagraph (A).
       ``(3) Contributions.--The Partnership may accept private 
     contributions.
       ``(g) Matching Requirements for State Rural Development 
     Councils.--A State rural development council shall provide 
     matching funds, or in-kind goods or services, to support the 
     activities of the State rural development council in an 
     amount that is not less than 25 percent of the amount of 
     Federal funds received under the agreement described in 
     subsection (d)(1).
       ``(h) Termination.--The authority provided under this 
     section shall terminate 5 years after the date of enactment 
     of this section.''.

                          ____________________



                         ADDITIONAL COSPONSORS


                                 S. 61

  At the request of Mr. DeWine, the names of the Senator from Idaho 
(Mr. Craig) and the Senator from South Carolina (Mr. Thurmond) were 
added as cosponsors of S. 61, a bill to amend the Tariff Act of 1930 to 
eliminate disincentives to fair trade conditions.


                                 S. 922

  At the request of Mr. Abraham, the names of the Senator from 
Connecticut (Mr. Dodd), the Senator from Nevada (Mr. Reid), the Senator 
from Nevada (Mr. Bryan), the Senator from Georgia (Mr. Miller), and the 
Senator from New Jersey (Mr. Lautenberg) were added as cosponsors of S. 
922, a bill to prohibit the use of the ``Made in the USA'' label on 
products of the Commonwealth of the Northern Mariana Islands and to 
deny such products duty-free and quota-free treatment.


                                S. 1510

  At the request of Mr. McCain, the name of the Senator from Hawaii 
(Mr. Inouye) was added as a cosponsor of S. 1510, a bill to revise the 
laws of the United States appertaining to United States cruise vessels, 
and for other purposes.


                                S. 1536

  At the request of Mr. DeWine, the names of the Senator from North 
Carolina (Mr. Helms), the Senator from Louisiana (Ms. Landrieu), the 
Senator from Maine (Ms. Snowe), the Senator from South Dakota (Mr. 
Daschle), and the Senator from Virginia (Mr. Warner) were added as 
cosponsors of S. 1536, a bill to amend the Older Americans Act of 1965 
to extend authorizations of appropriations for programs under the Act, 
to modernize programs and services for older individuals, and for other 
purposes.


                                S. 1563

  At the request of Mr. Abraham, the name of the Senator from Maine 
(Ms. Snowe) was added as a cosponsor of S. 1563, a bill to establish 
the Immigration Affairs Agency within the Department of Justice, and 
for other purposes.


                                S. 1900

  At the request of Mr. Lautenberg, the name of the Senator from 
Montana (Mr. Burns) was added as a cosponsor of S. 1900, a bill to 
amend the Internal Revenue Code of 1986 to allow a credit to holders of 
qualified bonds issued by Amtrak, and for other purposes.


                                S. 2274

  At the request of Mr. Grassley, the name of the Senator from Wyoming 
(Mr. Thomas) was added as a cosponsor of S. 2274, a bill to amend title 
XIX of the Social Security Act to provide families and disabled 
children with the opportunity to purchase coverage under the medicaid 
program for such children.


                                S. 2448

  At the request of Mr. Hatch, the name of the Senator from Arizona 
(Mr. Kyl) was added as a cosponsor of S. 2448, a bill to enhance the 
protections of the Internet and the critical infrastructure of the 
United States, and for other purposes.


                                S. 2698

  At the request of Mr. Gorton, his name was added as a cosponsor of S. 
2698, a bill to amend the Internal Revenue Code of 1986 to provide an 
incentive to ensure that all Americans gain timely and equitable access 
to the Internet over current and future generations of broadband 
capability.


                                S. 2703

  At the request of Mr. Akaka, the name of the Senator from Virginia 
(Mr. Robb) was added as a cosponsor of S. 2703, a bill to amend the 
provisions of title 39, United States Code, relating to the manner in 
which pay policies and schedules and fringe benefit programs for 
postmasters are established.


                                S. 2718

  At the request of Mr. Smith of New Hampshire, the names of the 
Senator from Maine (Ms. Snowe) and the Senator from New York (Mr. 
Schumer) were added as cosponsors of S. 2718, a bill to amend the 
Internal Revenue Code of 1986 to provide incentives to introduce new 
technologies to reduce energy consumption in buildings.


                                S. 2725

  At the request of Mr. Smith of New Hampshire, the names of the 
Senator from New York (Mr. Schumer) and the Senator from Pennsylvania 
(Mr. Santorum) were added as cosponsors of S. 2725, a bill to provide 
for a system of sanctuaries for chimpanzees that have been designated 
as being no longer needed in research conducted or supported by the 
Public Health Service, and for other purposes.


                                S. 2787

  At the request of Mr. Hatch, the name of the Senator from Virginia 
(Mr. Warner) was added as a cosponsor of S. 2787, a bill to reauthorize 
the Federal programs to prevent violence against women, and for other 
purposes.


                                S. 2939

  At the request of Mr. Grassley, the names of the Senator from New 
Mexico (Mr. Bingaman) and the Senator from New York (Mr. Schumer) were 
added as cosponsors of S. 2939, a bill to amend the Internal Revenue 
Code of 1986 to provide a credit against tax for energy efficient 
appliances.


                                S. 2986

  At the request of Mr. Hutchinson, the names of the Senator from South 
Carolina (Mr. Thurmond), the Senator from Wyoming (Mr. Thomas), the 
Senator from Texas (Mr. Gramm), the Senator from Minnesota (Mr. Grams), 
and the Senator from Kentucky (Mr. Bunning) were added as cosponsors of 
S. 2986, a bill to limit the issuance of regulations relating to 
Federal contractor responsibility, to require the Comptroller General 
to conduct a review of Federal contractor compliance with applicable 
laws, and for other purposes.


                                S. 3020

  At the request of Mr. Grams, the name of the Senator from Maine (Ms.

[[Page 20936]]

Collins) was added as a cosponsor of S. 3020, a bill to require the 
Federal Communications Commission to revise its regulations authorizing 
the operation of new, low-power FM radio stations.


                                S. 3060

  At the request of Mr. Wellstone, the names of the Senator from 
Nebraska (Mr. Hagel) and the Senator from Nebraska (Mr. Kerrey) were 
added as cosponsors of S. 3060, a bill to amend the Hmong Veterans' 
Naturalization Act of 2000 to extend the applicability of that Act to 
certain former spouses of deceased Hmong veterans.


                                S. 3067

  At the request of Mr. Jeffords, the names of the Senator from Vermont 
(Mr. Leahy) and the Senator from Texas (Mrs. Hutchison) were added as 
cosponsors of S. 3067, a bill to require changes in the bloodborne 
pathogens standard in effect under the Occupational Safety and Health 
Act of 1970.


                                S. 3101

  At the request of Mr. Ashcroft, the names of the Senator from South 
Carolina (Mr. Thurmond) and the Senator from Missouri (Mr. Bond) were 
added as cosponsors of S. 3101, a bill to amend the Internal Revenue 
Code of 1986 to allow as a deduction in determining adjusted gross 
income the deduction for expenses in connection with services as a 
member of a reserve component of the Armed Forces of the United States.


                                S. 3112

  At the request of Mr. Abraham, the names of the Senator from 
Mississippi (Mr. Cochran) and the Senator from Vermont (Mr. Jeffords) 
were added as cosponsors of S. 3112, a bill to amend title XVIII of the 
Social Security Act to ensure access to digital mammography through 
adequate payment under the medicare system.


                                S. 3147

  At the request of Mr. Robb, the names of the Senator from Nebraska 
(Mr. Kerrey), the Senator from Georgia (Mr. Miller), and the Senator 
from South Dakota (Mr. Daschle) were added as cosponsors of S. 3147, a 
bill to authorize the establishment, on land of the Department of the 
Interior in the District of Columbia or its environs, of a memorial and 
gardens in honor and commemoration of Frederick Douglass.


                                S. 3152

  At the request of Mr. Roth, the names of the Senator from Arkansas 
(Mrs. Lincoln) and the Senator from Rhode Island (Mr. L. Chafee) were 
added as cosponsors of S. 3152, a bill to amend the Internal Revenue 
Code of 1986 to provide tax incentives for distressed areas, and for 
other purposes.


                                S. 3156

  At the request of Mr. Lautenberg, the name of the Senator from Nevada 
(Mr. Reid) was withdrawn as a cosponsor of S. 3156, a bill to amend the 
Endangered Species Act of 1973 to ensure the recovery of the declining 
biological diversity of the United States, to reaffirm and strengthen 
the commitment of the United States to protect wildlife, to safeguard 
the economic and ecological future of children of the United States, 
and to provide certainty to local governments, communities, and 
individuals in their planning and economic development efforts.


                                S. 3157

  At the request of Mr. DeWine, his name was added as a cosponsor of S. 
3157, a bill to require the Food and Drug Administration to establish 
restrictions regarding the qualifications of physicians to prescribe 
the abortion drug commonly known as RU-486.


                              S. RES. 292

  At the request of Mr. Cleland, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. Res. 292, a resolution 
recognizing the 20th century as the ``Century of Women in the United 
States.''


                              S. RES. 365

  At the request of Mr. Voinovich, the name of the Senator from 
Connecticut (Mr. Dodd) was added as a cosponsor of S. Res. 365, a 
resolution expressing the sense of the Senate regarding recent 
elections in the Federal Republic of Yugoslavia, and for other 
purposes.
  At the request of Mr. L. Chafee, his name and the names of the 
Senator from New York (Mr. Moynihan), the Senator from Alaska (Mr. 
Murkowski), the Senator from California (Mrs. Feinstein), and the 
Senator from Illinois (Mr. Durbin) were added as cosponsors of S. Res. 
365, supra.

                          ____________________



 SENATE CONCURRENT RESOLUTION 142--RELATING TO THE REESTABLISHMENT OF 
                REPRESENTATIVE GOVERNMENT IN AFGHANISTAN

  Mr. BROWNBACK (for himself and Mr. Torricelli) submitted the 
following concurrent resolution; which was referred to the Committee on 
Foreign Relations:

                            S. Con. Res. 142

       Whereas Afghanistan has existed as a sovereign nation since 
     1747, maintaining its independence, neutrality, and dignity;
       Whereas Afghanistan had maintained its own decisionmaking 
     through a traditional process called a ``Loya Jirgah'', or 
     Grand Assembly, by selecting, respecting, and following the 
     decisions of their leaders;
       Whereas recently warlords, factional leaders, and foreign 
     regimes have laid siege to Afghanistan, leaving the landscape 
     littered with landmines, making the most fundamental 
     activities dangerous;
       Whereas in recent years, and especially since the Taliban 
     came to power in 1996, Afghanistan has become a haven for 
     terrorist activity, has produced most of the world's opium 
     supply, and has become infamous for its human rights abuses, 
     particularly abuses against women and children;
       Whereas the former King of Afghanistan, Mohammed Zahir 
     Shah, ruled the country peacefully for 40 years, and after 
     years in exile retains his popularity and support; and
       Whereas former King Mohammed Zahir Shah plans to convene an 
     emergency ``Loya Jirgah'' to reestablish a stable government, 
     with no desire to regain power or reestablish a monarchy, and 
     the Department of State supports such ongoing efforts: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the United States--
       (1) supports democratic efforts undertaken in Afghanistan 
     that respect the human and political rights of the people of 
     all ethnic and religious groups in that country, including 
     the efforts to reestablish a ``Loya Jirgah'' process that 
     would lead to the people of Afghanistan determining their own 
     destiny through a democratic process involving free and fair 
     elections; and
       (2) supports the continuing efforts of former King Mohammed 
     Zahir Shah and other responsible parties searching for peace 
     to convene an emergency ``Loya Jirgah''--
       (A) to reestablish a representative government in 
     Afghanistan that respects the rights of the people of all 
     ethnic and religious groups, including the right of the 
     people to govern their own affairs through inclusive 
     institution building and a democratic process;
       (B) to bring freedom, peace, and stability to Afghanistan; 
     and
       (C) to end terrorist activities, drug production, and human 
     rights abuses in Afghanistan.

                          ____________________



SENATE CONCURRENT RESOLUTION 143--TO MAKE TECHNICAL CORRECTIONS IN THE 
                    ENROLLMENT OF THE BILL H.R. 3676

  Mr. MURKOWSKI (for himself and Mr. Bingaman) submitted the following 
concurrent resolution; which was considered and agreed to:

                            S. Con. Res. 143

       Resolved by the Senate (the House of Representatives 
     concurring), That in the enrollment of the bill (H.R. 3676 to 
     establish the Santa Rosa and San Jacinto Mountains National 
     Monument in the State of California, the Clerk of the House 
     of Representatives shall make the following corrections:
       (1) In the second sentence of section 2(d)(1), strike ``and 
     the Committee on Agriculture, Nutrition, and Forestry''.
       (2) In the second sentence of section 4(a)(3), strike 
     ``Nothing in this section'' and insert ``Nothing in this 
     Act''.
       (3) In section 4(c)(1), strike ``any person, including''.
       (4) In section 5, add at the end the following:
       ``(j) Wilderness Protection.--Nothing in this Act alters 
     the management of any areas designated as Wilderness which 
     are within the boundaries of the National Monument. All such 
     areas shall remain subject to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the laws designating such areas as Wilderness, 
     and other applicable laws. If any part of this Act conflicts 
     with any provision of those laws with respect to the 
     management of the Wilderness areas, such provisions shall 
     control.''.




                          ____________________


[[Page 20937]]

 SENATE CONCURRENT RESOLUTION 144--COMMEMORATING THE 200TH ANNIVERSARY 
           OF THE FIRST MEETING OF CONGRESS IN WASHINGTON, DC

  Mr. LOTT (for himself and Mr. Daschle) submitted the following 
concurrent resolution; which was considered and agreed to:

                            S. Con. Res. 144

       Whereas November 17, 2000, is the 200th anniversary of the 
     first meeting of Congress in Washington, DC;
       Whereas Congress, having previously convened at the Federal 
     Hall in New York City and at the Congress Hall in 
     Philadelphia, has met in the United States Capitol Building 
     since November 17, 1800;
       Whereas President John Adams, on November 22, 1800, 
     addressed a joint session of Congress in Washington, DC, for 
     the first time, stating, ``I congratulate the people of the 
     United States on the assembling of Congress at the permanent 
     seat of their Government; and I congratulate you, gentlemen, 
     on the prospect of a residence not to be changed.'';
       Whereas, on December 12, 1900, Congress convened a joint 
     meeting to observe the centennial of its residence in 
     Washington, DC;
       Whereas since its first meeting in Washington, DC, on 
     November 17, 1800, Congress has continued to cultivate and 
     build upon a heritage of respect for individual liberty, 
     representative government, and the attainment of equal and 
     inalienable rights, all of which are symbolized in the 
     physical structure of the United States Capitol Building; and
       Whereas it is appropriate for Congress, as the first branch 
     of the government under the Constitution, to commemorate the 
     200th anniversary of the first meeting of Congress in 
     Washington, DC, in order to focus public attention on its 
     present duties and responsibilities: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) November 17, 2000, be designated as a day of national 
     observance for the 200th anniversary of the first meeting of 
     Congress in Washington, DC; and
       (2) the people of the United States be urged and invited to 
     observe such date by celebrating and examining the 
     legislative process by which members of Congress convene and 
     air differences, learn from one another, subordinate 
     parochial interests, compromise, and work towards achieving a 
     constructive consensus for the good of the people of the 
     United States.

                          ____________________



  SENATE RESOLUTION 367--URGING THE GOVERNMENT OF EGYPT TO PROVIDE A 
 TIMELY AND OPEN APPEAL FOR SHAIBOUB WILLIAM ARSEL AND TO COMPLETE AN 
       INDEPENDENT INVESTIGATION OF POLICE BRUTALITY IN AL-KOSHEH

  Mr. MACK submitted the following resolution; which was referred to 
the Committee on Foreign Relations:

                              S. Res. 367

       Whereas on Friday August 14, 1998, two Coptic Christians, 
     Samir Oweida Hakim and Karam Tamer Arsal, were murdered in 
     Al-Kosheh, Egypt;
       Whereas, according to a report from the Egyptian 
     Organization for Human Rights that was translated by the 
     United States Embassy in Cairo, up to 1,200 Coptic 
     Christians, including women and children, were subsequently 
     detained and interrogated without sufficient evidence;
       Whereas it is reported that the police tortured the 
     detained Coptic Christians over a period of days and even 
     weeks and that the detainees suffered abuses that included 
     beatings, administration of electric shock to all parts of 
     the body, including sensitive areas, and being bound in 
     painful positions for hours at a time;
       Whereas Egypt is a party to the Convention against Torture 
     and Other Cruel, Inhumane or Degrading Treatment or 
     Punishment;
       Whereas the Convention against Torture and Other Cruel, 
     Inhumane or Degrading Treatment or Punishment prohibits 
     torture to obtain information and confessions such as the 
     torture that reportedly took place in Al-Kosheh;
       Whereas Egypt is party to the International Covenant on 
     Civil and Political Rights;
       Whereas Article 18 of the International Covenant on Civil 
     and Political Rights states that ``(1) Everyone shall have 
     the right to freedom of thought, conscience, and religion. 
     This right shall include freedom to have or to adopt a 
     religion or belief of his choice, and freedom, either 
     individually or in community with others and in public or in 
     private, to manifest his religion or belief in worship, 
     observance, practice and teaching. (2) No one shall be 
     subject to coercion which would impair his freedom to have or 
     adopt a religion or belief of his choice.'';
       Whereas some of the 1,200 detained Coptic Christians 
     reported that the police chief made derogatory remarks about 
     their religion and stated that the detainees were being 
     targeted because of their religious beliefs;
       Whereas the summary report of the Egyptian Organization for 
     Human Rights states that, as a result of the massive roundup 
     and torture of the Coptic Christian community, a prosecution 
     proceeded using confessions obtained under duress;
       Whereas, according to the report, as translated by the 
     United States Embassy in Cairo, one of the confessors ``was 
     detained for 18 days, beaten constantly, was not allowed food 
     or water, and prevented from relieving himself'' and 
     ``confessed only when they threatened to rape his two 
     sisters'' who ``were brought to the police station, tortured 
     and threatened with rape in front of him'', and the detainee 
     identified Shaiboub William Arsel as the murderer;
       Whereas Shaiboub William Arsel, a Coptic Christian, was 
     charged with the murders of Samir Oweida Hakim and Karam 
     Tamer Arsal, was found guilty, and was sentenced on June 5, 
     2000, to 15 years of hard labor;
       Whereas, according to the Associated Press story describing 
     Shaiboub William Arsel's trial, ``[t]he court based its 
     guilty verdict on evidence and testimony provided by police, 
     said the officials on condition of anonymity'' and ``gave no 
     further details'';
       Whereas no known international observers were present at 
     Shaiboub William Arsel's trial;
       Whereas, on January 2, 2000, a mob of nearly 3,000 Muslims 
     killed 21 Christians and destroyed and looted dozens of 
     Christian homes and businesses in the village of Al-Kosheh; 
     and
       Whereas local Egyptian security forces failed to stop the 
     massacre of Coptic Christians, and according to Coptic leader 
     Pope Shenouda III, ``responsibility falls first on security 
     forces . . . the problem lies among the authorities in the 
     area where the incident occurred'': Now, therefore, be it
       Resolved,

     SECTION 1. SENSE OF THE SENATE ON THE APPEAL OF SHAIBOUB 
                   WILLIAM ARSEL AND THE EGYPTIAN GOVERNMENT'S 
                   INVESTIGATION OF POLICE BRUTALITY IN AL-KOSHEH.

       The Senate hereby urges the President and the Secretary of 
     State to encourage officials of the Government of Egypt to--
       (1) allow for a timely and open appeal for Shaiboub William 
     Arsel that includes international observers; and
       (2) complete an independent investigation of the police 
     brutality in Al-Kosheh.

     SEC. 2. TRANSMITTAL OF RESOLUTION.

       The Secretary of the Senate shall transmit a copy of this 
     resolution to the President and the Secretary of State, with 
     the request that the President or the Secretary further 
     transmit such copy to the Government of Egypt.

                  RESOLUTION ON SHAIBOUB WILLIAM ARSEL

  Mr. MACK. Mr. President, I rise today to speak on behalf of Coptic 
Christians in Egypt who have been persecuted because of their religious 
beliefs. According to reports by both the Egyptian Organization for 
Human Rights and Freedom House in the United States, up to 1,200 Coptic 
Christians in Al-Kosheh, Egypt, were detained, interrogated, and 
subjected to police brutality in relation to the murders of two other 
Coptic Christians in 1998. After weeks of reported torture, these 
accounts suggest that confessions were obtained under duress that 
identified Shaiboub William Arsel as the murderer. Mr. Arsel was 
subsequently sentenced to 15 years of hard labor.
  Over the last two years I have met with officials from the Egyptian 
government, including President Hosni Mubarak on several occasions in 
an attempt to address this issue quietly. Unfortunately, these 
discussions have failed to produce sufficient action on the part of the 
government of Egypt. As a result, I rise today to submit a resolution 
urging the President to encourage the Egyptian government to provide 
Shaiboub William Arsel with a timely and open appeal that would include 
international observers, and furthermore to complete an independent 
investigation of the police brutality in Al-Kosheh.

                          ____________________



                          AMENDMENTS SUBMITTED

                                 ______
                                 

                      MIWALETA PARK EXPANSION ACT

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4290

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (H.R. 
1725) to provide for the conveyance by the Bureau of Land Management to 
Douglas County, Oregon, of a county

[[Page 20938]]

park and certain adjacent land; as follows:

       On page 3, beginning on line 6 strike Section 2(b)(1) and 
     insert:
       ``(1) In general.--After conveyance of land under 
     subsection (a), the County shall manage the land for public 
     park purposes consistent with the plan for expansion of the 
     Miwaleta Park as approved in the Decision Record for 
     Galesville Campground, EA #OR110-99-01, dated September 17, 
     1999.''.
       Section 2(b)(2)(A) strike ``purposes--'' and insert: 
     ``purposes as described in paragraph 2(b)(1)--''.
                                 ______
                                 

                SAINT-GAUDENS HISTORIC SITE LEGISLATION

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4291

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 1367) 
to amend the Act which established the Saint-Gaudens Historic Site, in 
the State of New Hampshire, by modifying the boundary and for other 
purposes; as follows:

       On page 2, line 3, strike ``215'' and insert in lieu 
     thereof ``279''.
                                 ______
                                 

            SOUTHEASTERN ALASKA INTERTIE SYSTEM LEGISLATION

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4292

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (S. 
2439) to authorize the appropriation of funds for the construction of 
the Southeastern Alaska Intertie system, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:
       ``That upon the completion and submission to the United 
     States Congress by the Forest Service of the ongoing High 
     Voltage Direct Current viability analysis pursuant to USFS 
     Collection Agreement #00CO-111005-105 or no later than 
     February 1, 2001, there is hereby authorized to be 
     appropriated to the Secretary of Energy such sums as may be 
     necessary to assist in the construction of the Southeastern 
     Alaska Intertie system as generally identified in Report #97-
     01 of the Southern Conference. Such sums shall equal 80 
     percent of the cost of the system and may not exceed $384 
     million. Nothing in this Act shall be construed to limit or 
     waive any otherwise applicable State or Federal Law.

     ``SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRATION PROGRAM.

       ``(a) Establishment.--The Secretary of Energy shall 
     establish a five year program to assist the Navajo Nation to 
     meet its electricity needs. The purpose of the program shall 
     be to provide electric power to the estimated 18,000 occupied 
     structures on the Navajo Nation that lack electric power. The 
     goal of the program shall be to ensure that every household 
     on the Navajo Nation that requests it has access to a 
     reliable and affordable source of electricity by the year 
     2006.
       ``(b) Scope.--In order to meet the goal in subsection (a), 
     the Secretary of Energy shall provide grants to the Navajo 
     Nation to--
       ``(1) extend electric transmission and distribution lines 
     to new or existing structures that are not served by electric 
     power and do not have adequate electric power service;
       ``(2) purchase and install distributed power generating 
     facilities, including small gas turbines, fuel cells, solar 
     photovoltaic systems, solar thermal systems, geothermal 
     systems, wind power systems, or biomass-fueled systems;
       ``(3) purchase and install other equipment associated with 
     the generation, transmission, distribution, and storage of 
     electric power; or
       ``(4) provide training in the installation operation, or 
     maintenance of the lines, facilities, or equipment in 
     paragraphs (1) through (3); or
       ``(5) support other activities that the Secretary of Energy 
     determines are necessary to meet the goal of the program.
       ``(c) Technical Support.--At the request of the Navajo 
     Nation, the Secretary of Energy may provide technical support 
     through Department of Energy laboratories and facilities to 
     the Navajo Nation to assist in achieving the goal of this 
     program.
       ``(d) Annual Reports.--Not later than February 1, 2002 and 
     for each of the five succeeding years, the Secretary of 
     Energy shall submit a report to Congress on the status of the 
     programs and the progress towards meeting its goal under 
     subsection (a).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Energy to 
     carry out this section $15,000,000 for each of the fiscal 
     years 2002 through 2006.''
                                 ______
                                 

  SAND CREEK MASSACRE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2000

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4293

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 2950) 
to authorize the Secretary of the Interior to establish the Sand Creek 
Massacre Historic Site in the State of Colorado; as follows:

       On page 5, line 23, strike ``Boundary of the Sand Creek 
     Massacre Site'' and insert in lieu thereof ``Sand Creek 
     Massacre Historic Site''.
       On page 5, line 25, strike ``SAND 80,009 IR'' and insert in 
     lieu thereof ``SAND 80,013 IR''.
                                 ______
                                 

                LITTLE SANDY RIVER WATERSHED LEGISLATION

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4294

  Mr. MACK (for Mr. Murkowski) proposed an amendment to the bill (S. 
2691) to provide further protections for the watershed of the Little 
Sandy River as part of the Bull Run Watershed Management Unit, Oregon, 
and for other purposes; as follows:

       Strike Section 3, through the end of the bill, and insert:

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Within eighteen months of the date of enactment of this 
     Act, the Secretary of the Interior shall identify public 
     domain lands within the Medford, Roseburg, Eugene, Salem and 
     Coos Bay Districts and the Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management 
     approximately equal in size and condition as those lands 
     identified in paragraph (a) but not subject to the Act of 
     August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 
     U.S.C. Sec. 1181a-f). For purposes of this paragraph, `public 
     domain lands' shall have the meaning given the term `public 
     lands' in Section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702), but excluding there 
     from any lands managed pursuant to the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875f; 43 U.S.C. 
     Sec. 1181f) and those lands identified pursuant to paragraph 
     (b) become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (Public Law 93-205) near the Bull Run 
     Management Unit.
                                 ______
                                 

               HARRIET TUBMAN SPECIAL RESOURCE STUDY ACT

                                 ______
                                 

                       THOMAS AMENDMENT NO. 4295

  Mr. MACK (for Mr. Thomas) proposed an amendment to the bill (S. 2345) 
to direct the Secretary of the Interior to conduct a special resource 
study concerning the preservation and public use of sites associated 
with Harriet Tubman located Auburn, New York, and for other purposes; 
as follows:

       On page 7, line 24, strike ``Port Hill Cemetery,'' and 
     insert in lieu thereof ``Fort Hill Cemetery,''.
                                 ______
                                 

                FRANCHISE FEE RECALCULATION LEGISLATION

                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 4296

  Mr. MACK (for Mr. Bingaman) proposed an amendment to the bill (S. 
2331) to direct the Secretary of the Interior to recalculate the 
franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing 
service to Fort Sumter National Monument, South Carolina; as follows:


[[Page 20939]]

       Strike all and insert the following:

     ``SECTION 1. ARBITRATION REQUIREMENT.

       ``The Secretary of the Interior (in this Act referred to as 
     the Secretary) shall, upon the request of Fort Sumter Tours, 
     Inc. (in this Act referred to as the `Concessioner'), agree 
     to binding arbitration to determine the franchise fee payable 
     under the contract executed on June 13, 1986 by the 
     Concessioner and the National Park Service, under which the 
     Concessioner provides passenger boat service to Fort Sumter 
     National Monument in Charleston Harbor, South Carolina (in 
     this Act referred to as `the Contract').

     ``SEC. 2. APPOINTMENT OF THE ARBITRATOR.

       ``(a) Mutual Agreement.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary and the 
     Concessioner shall jointly select a single arbitrator to 
     conduct the arbitration under this Act.
       ``(b) Failure To Agree.--If the Secretary and the 
     Concessioner are unable to agree on the selection of a single 
     arbitrator within 30 days after the date of enactment of this 
     Act, within 30 days thereafter the Secretary and the 
     Concessioner shall each select an arbitrator, the two 
     arbitrators selected by the Secretary and the Concessioner 
     shall jointly select a third arbitrator, and the three 
     arbitrators shall jointly conduct the arbitration.
       ``(c) Qualifications.--Any arbitrator selected under either 
     subsection (a) or subsection (b) shall be a neutral who meets 
     the criteria of selection 573 of title 5, United States Code.
       ``(d) Payment of Expenses.--The Secretary and the 
     Concessioner shall share equally the expenses of the 
     arbitration.
       ``(e) Definition.--As used in this Act, the term 
     ``arbitrator'' includes either a single arbitrator selected 
     under subsection (a) or a three-member panel of arbitrators 
     selected under subsection (b).

     ``SEC. 3. SCOPE OF THE ARBITRATION.

       ``(a) Sole Issues To Be Decided.--The arbitrator shall, 
     after affording the parties an opportunity to be heard in 
     accordance with section 579 of title 5, United States Code, 
     determine--
       ``(1) the appropriate amount of the franchise fee under the 
     Contract for the period from June 13, 1991 through December 
     31, 2000 in accordance with the terms of the Contract; and
       ``(2) any interest or penalties on the amount owed under 
     paragraph (1).
       ``(b) De Novo Decision.--The arbitrator shall not be bound 
     by any prior determination of the appropriate amount of the 
     fee by the Secretary or any prior court review thereof.
       ``(c) Basis for Decision.--The arbitrator shall determine 
     the appropriate amount of the fee based upon the law in 
     effect on the effective date of the Contract and the terms of 
     the Contract.

     ``SEC. 4. FINAL DECISION.

       ``The arbitrator shall issue a final decision not later 
     than 300 days after the date of enactment of this Act.

     ``SEC. 5. EFFECT OF DECISION.

       ``(a) Retroactive Effect.--The amount of the fee determined 
     by the arbitrator under section 3(a) shall be retroactive to 
     June 13, 1991.
       ``(b) No Further Review.--Notwithstanding subchapter IV of 
     title 5, United States Code (commonly known as the 
     Administrative Dispute Resolution Act), the decision of the 
     arbitrator shall be final and conclusive upon the Secretary 
     and the Concessioner and shall not be subject to judicial 
     review.

     ``SEC. 6. GENERAL AUTHORITY.

       ``Except to the extent inconsistent with this Act, the 
     arbitration under this Act shall be conducted in accordance 
     with subchapter IV of title 5, United States Code.''.
                                 ______
                                 

      BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL 
                     CONSERVATION AREA ACT OF 2000

                                 ______
                                 

                        BRYAN AMENDMENT NO. 4297

  Mr. MACK (for Mr. Bryan) proposed an amendment to the bill (S. 2273) 
to establish the Black Rock Desert-High Rock Canyon Emigrant Trails 
National Conservation Area, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Black Rock Desert-High Rock 
     Canon Emigrant Trails National Conservation Area Act of 
     2000''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The areas of northwestern Nevada known as the Black 
     Rock Desert and High Rock Canyon contain and surround the 
     last nationally significant, untouched segments of the 
     historic California Emigrant Trails, including wagon ruts, 
     historic inscriptions, and a wilderness landscape largely 
     unchanged since the days of the pioneers.
       (2) The relative absence of development in the Black Rock 
     Desert and High Rock Canyon areas from emigrant times to the 
     present day offers a unique opportunity to capture the 
     terrain, sights, and conditions of the overland trails as 
     they were experienced by the emigrants and to make available 
     to both present and future generations of Americans the 
     opportunity of experiencing emigrant conditions in an 
     unaltered setting.
       (3) The Black Rock Desert and High Rock Canyon areas are 
     unique segments of the Northern Great Basin and contain broad 
     representation of the Great Basin's land forms and plant and 
     animal species, including golden eagles and other birds of 
     prey, sage grouse, mule deer, pronghorn antelope, bighorn 
     sheep, free roaming horses and burros, threatened fish and 
     sensitive plants.
       (4) The Black Rock-High Rock region contains a number of 
     cultural and natural resources that have been declared 
     eligible for National Historic Landmark and Natural Landmark 
     status, including a portion of the 1843-44 John Charles 
     Fremont exploration route, the site of the death of Peter 
     Lassen, early military facilities, and examples of early 
     homesteading and mining.
       (5) The archaeological, paleontological, and geographical 
     resources of the Black Rock-High Rock region include numerous 
     prehistoric and historic Native American sites, wooly mammoth 
     sites, some of the largest natural potholes of North America, 
     and a remnant dry Pelistocene lakebed (playa) where the 
     curvature of the Earth may be observed.
       (6) The two large wilderness mosaics that frame the 
     conservation area offer exceptional opportunities for 
     solitude and serve to protect the integrity of the viewshed 
     of the historic emigrant trails.
       (7) Public lands in the conservation area have been used 
     for domestic livestock grazing for over a century, with 
     resultant benefits to community stability and contributions 
     to the local and State economies. It has not been 
     demonstrated that continuation of this use would be 
     incompatible with appropriate protection and sound management 
     of the resource values of these lands; therefore, it is 
     expected that such grazing will continue in accordance with 
     the management plan for the conservation area and other 
     applicable laws and regulations.
       (8) The Black Rock Desert playa is a unique natural 
     resource that serves as the primary destination for the 
     majority of visitors to the conservation area, including 
     visitors associated with large-scale permitted events. It is 
     expected that such permitted events will continue to be 
     administered in accordance with the management plan for the 
     conservation area and other applicable laws and regulations.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``public lands'' has the meaning stated in 
     section 103(e) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702(e)).
       (3) The term ``conservation area'' means the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area established pursuant to section 4 of this Act.

     SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

       (a) Establishment and Purposes.--In order to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     historical, cultural, paleontological, scenic, scientific, 
     biological, educational, wildlife, riparian, wilderness, 
     endangered species, and recreational values and resources 
     associated with the Applegate-Lassen and Nobles Trails 
     corridors and surrounding areas, there is hereby established 
     the Black Rock Desert-High Rock Canyon Emigrant Trails 
     National Conservation Area in the State of Nevada.
       (b) Areas Included.--The conservation area shall consist of 
     approximately 797,100 acres of public lands as generally 
     depicted on the map entitled ``Black Rock Desert Emigrant 
     Trail National Conservation Area'' and dated July 19, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     conservation area. The map and legal description shall have 
     the same force and effect as if included in this Act, except 
     the Secretary may correct clerical and typographical errors 
     in such map and legal description. Copies of the map and 
     legal description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 5. MANAGEMENT.

       (a) Management.--The Secretary, acting through the Bureau 
     of Land Management, shall manage the conservation area in a 
     manner that conserves, protects and enhances its resources 
     and values, including those resources and values specified in 
     subsection 4(a), in accordance with this Act, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable provisions of law.
       (b) Access.--
       (1) In general.--The Secretary shall maintain adequate 
     access for the reasonable use and enjoyment of the 
     conservation area.
       (2) Private land.--The Secretary shall provide reasonable 
     access to privately owned land or interests in land within 
     the boundaries of the conservation area.

[[Page 20940]]

       (3) Existing public roads.--The Secretary is authorized to 
     maintain existing public access within the boundaries of the 
     conservation areas in a manner consistent with the purposes 
     for which the conservation area was established.
       (c) Uses.--
       (1) In general.--The Secretary shall only allow such uses 
     of the conservation area as the Secretary finds will further 
     the purposes for which the conservation area is established.
       (2) Off-highway vehicle use.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the conservation area shall be 
     permitted only on roads and trails and in other areas 
     designated for use of motorized vehicles as part of the 
     management plan prepared pursuant to subsection (e).
       (3) Permitted events.--The Secretary may continue to permit 
     large-scale events in defined, low impact areas of the Black 
     Rock Desert plays in the conservation area in accordance with 
     the management plan prepared pursuant to subsection (e).
       (d) Hunting, Trapping, and Fishing.--Nothing in this Act 
     shall be deemed to diminish the jurisdiction of the State of 
     Nevada with respect to fish and wildlife management, 
     including regulation of hunting and fishing, on public lands 
     within the conservation area.
       (e) Management Plan.--Within three years following the date 
     of enactment of this Act, the Secretary shall develop a 
     comprehensive resource management plan for the long-term 
     protection and management of the conservation area. The plan 
     shall be developed with full public participation and shall 
     developed with full public participation and shall describe 
     the appropriate uses and management of the conservation area 
     consistent with the provisions of this Act. The plan may 
     incorporate appropriate decisions contained in any current 
     management or activity plan for the area and may use 
     information developed in previous studies of the lands within 
     or adjacent to the conservation area.
       (f) Grazing.--Where the Secretary of the Interior currently 
     permits livestock grazing in the conservation area, such 
     grazing shall be allowed to continue subject to all 
     applicable laws, regulations, and executive orders.
       (g) Visitor Service Facilities.--The Secretary is 
     authorized to establish, in cooperation with other public or 
     private entities as the Secretary may deem appropriate, 
     visitor service facilities for the purpose of providing 
     information about the historical, cultural, ecological, 
     recreational, and other resources of the conservation area.

     SEC. 6. WITHDRAWAL.

       (a) In general.--Subject to valid existing rights, all 
     Federal lands within the conservation area and all lands and 
     interests therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the mining laws, from 
     operation of the mineral leasing and geothermal leasing laws 
     and from the minerals materials laws and all amendments 
     thereto.

     SEC. 7. NO BUFFER ZONES.

       The Congress does not intend for the establishment of the 
     conservation area to lead to the creation of protective 
     perimeters or buffer zones around the conservation area. The 
     fact that there may be activities or uses on lands outside 
     the conservation area that would not be permitted in the 
     conservation area shall not preclude such activities or uses 
     on such lands up to the boundary of the conservation area 
     consistent with other applicable laws.

     SEC. 8. WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the 
     following lands in the State of Nevada are designated as 
     wilderness, and, therefore, as components of the National 
     Wilderness Preservation System:
       (1) Certain lands in the Black Rock Desert Wilderness Study 
     Area comprised of approximately 315,700 acres, as generally 
     depicted on a map entitled ``Black Rock Desert Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Black Rock Desert Wilderness.
       (2) Certain lands in the Pahute Peak Wilderness Study Area 
     comprised of approximately 57,400 acres, as generally 
     depicted on a map entitled ``Pahute Peak Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Pahute Peak Wilderness.
       (3) Certain lands in the North Black Rock Range Wilderness 
     Study Area comprised of approximately 30,800 acres, as 
     generally depicted on a map entitled ``North Black Rock Range 
     Wilderness--Proposed'' and dated July 19, 2000, and which 
     shall be known as the North Black Rock Range Wilderness.
       (4) Certain lands in the East Fork High Rock Canyon 
     Wilderness Study Area comprised of approximately 52,800 
     acres, as generally depicted on a map entitled ``East Fork 
     High Rock Canyon Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the East Fork High Rock 
     Canyon Wilderness.
       (5) Certain lands in the High Rock Lake Wilderness Study 
     Area comprised of approximately 59,300 acres, as generally 
     depicted on a map entitled ``High Rock Lake Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the High Rock Lake Wilderness.
       (6) Certain lands in the Little High Rock Canyon Wilderness 
     Study Area comprised of approximately 48,700 acres, as 
     generally depicted on a map entitled ``Little High Rock 
     Canyon Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the Little High Rock Canyon 
     Wilderness.
       (7) Certain lands in the High Rock Canyon Wilderness Study 
     Area and Yellow Rock Canyon Wilderness Study Area comprised 
     of approximately 46,600 acres, as generally depicted on a map 
     entitled ``High Rock Canyon Wilderness--Proposed'' and dated 
     July 19, 2000, and which shall be known as the High Rock 
     Canyon Wilderness.
       (8) Certain land in the Calico Mountains Wilderness Study 
     Area comprised of approximately 65,400 acres, as generally 
     depicted on a map entitled ``Calico Mountains Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Calico Mountains Wilderness.
       (9) Certain lands in the South Jackson Mountains Wilderness 
     Study Area comprised of approximately 56,800 acres, as 
     generally depicted on a map entitled ``South Jackson 
     Mountains Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the South Jackson Mountains 
     Wilderness.
       (10) Certain lands in the North Jackson Mountains 
     Wilderness Study Area comprised of approximately 24,000 
     acres, as generally depicted on a map entitled ``North 
     Jackson Mountains Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the North Jackson Mountains 
     Wilderness.
       (b) Administration of Wilderness Areas.--Subject to valid 
     existing rights, each wilderness area designated by this Act 
     shall be administered by the Secretary in accordance with the 
     provisions of the Wilderness Act, except that any reference 
     in such provisions to the effective date of the Wilderness 
     Act shall be deemed to be a reference to the date of 
     enactment of this Act and any reference to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary of the Interior.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     wilderness areas designated under this Act. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (d) Grazing.--Within the wilderness areas designated under 
     subsection (a), the grazing of livestock, where established 
     prior to the date of enactment of this Act, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, as 
     long as such regulations, policies, and practices fully 
     conform with and implement the intent of Congress regarding 
     grazing in such areas as such intent is expressed in the 
     Wilderness Act and section 101(f) of Public Law 101-628.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated such sums as 
     may be necessary to carry out the provisions of this Act.
                                 ______
                                 

         CAT ISLAND NATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4298

  Mr. MACK (for Mr. Smith of New Hampshire) proposed an amendment to 
the bill (H.R. 3292) to provide for the establishment of the Cat Island 
National Wildlife Refuge in West Feliciana Parish, Louisiana; as 
follows:

       At the end, add the following:

     SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND 
                   ADMINISTRATIVE CENTER.

       (a) In General.--A building proposed to be located within 
     the boundaries of the Chincoteague National Wildlife Refuge, 
     on Assateague Island, Virginia, shall be known and designated 
     as the ``Herbert H. Bateman Education and Administrative 
     Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the Herbert H. Bateman Education and 
     Administrative Center.

     SEC. 9. TECHNICAL CORRECTIONS.

       (a) Effective on the day after the date of enactment of the 
     Act entitled, ``An Act to reauthorize the Junior Duck Stamp 
     Conservation and Design Program Act of 1994'' (106th 
     Congress), section 6 of the Junior Duck Stamp Conservation 
     and Design Program Act of 1994 (16 U.S.C. 668dd note; Public 
     Law 103-340), relating to an environmental education center 
     and refuge, is redesignated as section 7.
       (b) Effective on the day after the date of enactment of the 
     Cahaba River National

[[Page 20941]]

     Wildlife Refuge Establishment Act (106th Congress), section 6 
     of that Act is amended--
       (1) in paragraph (2), by striking ``the Endangered Species 
     Act of 1973 (16 U.S.C. 1331 et seq.)'' and inserting ``the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''; 
     and
       (2) in paragraph (3), by striking ``section 4(a)(3) and (4) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668ee(a)(3), (4))'' and inserting 
     ``paragraphs (3) and (4) of section 4(a) of the National 
     Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
     668dd(a))''.
       (c) Effective on the day after the date of enactment of the 
     Red River National Wildlife Refuge Act (106th Congress), 
     section 4(b)(2)(D) of that Act is amended by striking 
     ``section 4(a)(3) and (4) of the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), 
     (4))'' and inserting ``paragraphs (3) and (4) of section 4(a) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(a))''.
                                 ______
                                 

                    DISASTER MITIGATION ACT OF 2000

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 4299

  Mr. MACK (for Mr. Smith) proposed an amendment to the bill (H.R. 707) 
to amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to authorize a program for predisaster mitigation, to 
streamline the administration of disaster relief, to control the 
Federal costs of disaster assistance, and for other purposes; as 
follows:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Disaster 
     Mitigation Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private 
              structures.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State 
              employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency 
              management.

                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) natural disasters, including earthquakes, tsunamis, 
     tornadoes, hurricanes, flooding, and wildfires, pose great 
     danger to human life and to property throughout the United 
     States;
       (2) greater emphasis needs to be placed on--
       (A) identifying and assessing the risks to States and local 
     governments (including Indian tribes) from natural disasters;
       (B) implementing adequate measures to reduce losses from 
     natural disasters; and
       (C) ensuring that the critical services and facilities of 
     communities will continue to function after a natural 
     disaster;
       (3) expenditures for postdisaster assistance are increasing 
     without commensurate reductions in the likelihood of future 
     losses from natural disasters;
       (4) in the expenditure of Federal funds under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), high priority should be given to 
     mitigation of hazards at the local level; and
       (5) with a unified effort of economic incentives, awareness 
     and education, technical assistance, and demonstrated Federal 
     support, States and local governments (including Indian 
     tribes) will be able to--
       (A) form effective community-based partnerships for hazard 
     mitigation purposes;
       (B) implement effective hazard mitigation measures that 
     reduce the potential damage from natural disasters;
       (C) ensure continued functionality of critical services;
       (D) leverage additional non-Federal resources in meeting 
     natural disaster resistance goals; and
       (E) make commitments to long-term hazard mitigation efforts 
     to be applied to new and existing structures.
       (b) Purpose.--The purpose of this title is to establish a 
     national disaster hazard mitigation program--
       (1) to reduce the loss of life and property, human 
     suffering, economic disruption, and disaster assistance costs 
     resulting from natural disasters; and
       (2) to provide a source of predisaster hazard mitigation 
     funding that will assist States and local governments 
     (including Indian tribes) in implementing effective hazard 
     mitigation measures that are designed to ensure the continued 
     functionality of critical services and facilities after a 
     natural disaster.

     SEC. 102. PREDISASTER HAZARD MITIGATION.

       (a) In General.--Title II of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 
     et seq.) is amended by adding at the end the following:

     ``SEC. 203. PREDISASTER HAZARD MITIGATION.

       ``(a) Definition of Small Impoverished Community.--In this 
     section, the term `small impoverished community' means a 
     community of 3,000 or fewer individuals that is economically 
     disadvantaged, as determined by the State in which the 
     community is located and based on criteria established by the 
     President.
       ``(b) Establishment of Program.--The President may 
     establish a program to provide technical and financial 
     assistance to States and local governments to assist in the 
     implementation of predisaster hazard mitigation measures that 
     are cost-effective and are designed to reduce injuries, loss 
     of life, and damage and destruction of property, including 
     damage to critical services and facilities under the 
     jurisdiction of the States or local governments.
       ``(c) Approval by President.--If the President determines 
     that a State or local government has identified natural 
     disaster hazards in areas under its jurisdiction and has 
     demonstrated the ability to form effective public-private 
     natural disaster hazard mitigation partnerships, the 
     President, using amounts in the National Predisaster 
     Mitigation Fund established under subsection (i) (referred to 
     in this section as the `Fund'), may provide technical and 
     financial assistance to the State or local government to be 
     used in accordance with subsection (e).
       ``(d) State Recommendations.--
       ``(1) In general.--
       ``(A) Recommendations.--The Governor of each State may 
     recommend to the President not fewer than 5 local governments 
     to receive assistance under this section.
       ``(B) Deadline for submission.--The recommendations under 
     subparagraph (A) shall be submitted to the President not 
     later than October 1, 2001, and each October 1st thereafter 
     or such later date in the year as the President may 
     establish.
       ``(C) Criteria.--In making recommendations under 
     subparagraph (A), a Governor shall consider the criteria 
     specified in subsection (g).
       ``(2) Use.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in providing assistance to local governments under this 
     section, the President shall select from local governments 
     recommended by the Governors under this subsection.
       ``(B) Extraordinary circumstances.--In providing assistance 
     to local governments under this section, the President may 
     select a local government that has not been recommended by a 
     Governor under this subsection if the President determines 
     that extraordinary circumstances justify the selection and 
     that making the selection will further the purpose of this 
     section.
       ``(3) Effect of failure to nominate.--If a Governor of a 
     State fails to submit recommendations under this subsection 
     in a timely manner, the President may select, subject to the 
     criteria specified in subsection (g), any local governments 
     of the State to receive assistance under this section.
       ``(e) Uses of Technical and Financial Assistance.--
       ``(1) In general.--Technical and financial assistance 
     provided under this section--
       ``(A) shall be used by States and local governments 
     principally to implement predisaster hazard mitigation 
     measures that are cost-effective and are described in 
     proposals approved by the President under this section; and
       ``(B) may be used--
       ``(i) to support effective public-private natural disaster 
     hazard mitigation partnerships;
       ``(ii) to improve the assessment of a community's 
     vulnerability to natural hazards; or
       ``(iii) to establish hazard mitigation priorities, and an 
     appropriate hazard mitigation plan, for a community.
       ``(2) Dissemination.--A State or local government may use 
     not more than 10 percent of the financial assistance received 
     by the State or local government under this section for a 
     fiscal year to fund activities to disseminate information 
     regarding cost-effective mitigation technologies.

[[Page 20942]]

       ``(f) Allocation of Funds.--The amount of financial 
     assistance made available to a State (including amounts made 
     available to local governments of the State) under this 
     section for a fiscal year--
       ``(1) shall be not less than the lesser of--
       ``(A) $500,000; or
       ``(B) the amount that is equal to 1.0 percent of the total 
     funds appropriated to carry out this section for the fiscal 
     year;
       ``(2) shall not exceed 15 percent of the total funds 
     described in paragraph (1)(B); and
       ``(3) shall be subject to the criteria specified in 
     subsection (g).
       ``(g) Criteria for Assistance Awards.--In determining 
     whether to provide technical and financial assistance to a 
     State or local government under this section, the President 
     shall take into account--
       ``(1) the extent and nature of the hazards to be mitigated;
       ``(2) the degree of commitment of the State or local 
     government to reduce damages from future natural disasters;
       ``(3) the degree of commitment by the State or local 
     government to support ongoing non-Federal support for the 
     hazard mitigation measures to be carried out using the 
     technical and financial assistance;
       ``(4) the extent to which the hazard mitigation measures to 
     be carried out using the technical and financial assistance 
     contribute to the mitigation goals and priorities established 
     by the State;
       ``(5) the extent to which the technical and financial 
     assistance is consistent with other assistance provided under 
     this Act;
       ``(6) the extent to which prioritized, cost-effective 
     mitigation activities that produce meaningful and definable 
     outcomes are clearly identified;
       ``(7) if the State or local government has submitted a 
     mitigation plan under section 322, the extent to which the 
     activities identified under paragraph (6) are consistent with 
     the mitigation plan;
       ``(8) the opportunity to fund activities that maximize net 
     benefits to society;
       ``(9) the extent to which assistance will fund mitigation 
     activities in small impoverished communities; and
       ``(10) such other criteria as the President establishes in 
     consultation with State and local governments.
       ``(h) Federal Share.--
       ``(1) In general.--Financial assistance provided under this 
     section may contribute up to 75 percent of the total cost of 
     mitigation activities approved by the President.
       ``(2) Small impoverished communities.--Notwithstanding 
     paragraph (1), the President may contribute up to 90 percent 
     of the total cost of a mitigation activity carried out in a 
     small impoverished community.
       ``(i) National Predisaster Mitigation Fund.--
       ``(1) Establishment.--The President may establish in the 
     Treasury of the United States a fund to be known as the 
     `National Predisaster Mitigation Fund', to be used in 
     carrying out this section.
       ``(2) Transfers to fund.--There shall be deposited in the 
     Fund--
       ``(A) amounts appropriated to carry out this section, which 
     shall remain available until expended; and
       ``(B) sums available from gifts, bequests, or donations of 
     services or property received by the President for the 
     purpose of predisaster hazard mitigation.
       ``(3) Expenditures from fund.--Upon request by the 
     President, the Secretary of the Treasury shall transfer from 
     the Fund to the President such amounts as the President 
     determines are necessary to provide technical and financial 
     assistance under this section.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(E) Transfers of amounts.--
       ``(i) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(ii) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(j) Limitation on Total Amount of Financial Assistance.--
     The President shall not provide financial assistance under 
     this section in an amount greater than the amount available 
     in the Fund.
       ``(k) Multihazard Advisory Maps.--
       ``(1) Definition of multihazard advisory map.--In this 
     subsection, the term `multihazard advisory map' means a map 
     on which hazard data concerning each type of natural disaster 
     is identified simultaneously for the purpose of showing areas 
     of hazard overlap.
       ``(2) Development of maps.--In consultation with States, 
     local governments, and appropriate Federal agencies, the 
     President shall develop multihazard advisory maps for areas, 
     in not fewer than 5 States, that are subject to commonly 
     recurring natural hazards (including flooding, hurricanes and 
     severe winds, and seismic events).
       ``(3) Use of technology.--In developing multihazard 
     advisory maps under this subsection, the President shall use, 
     to the maximum extent practicable, the most cost-effective 
     and efficient technology available.
       ``(4) Use of maps.--
       ``(A) Advisory nature.--The multihazard advisory maps shall 
     be considered to be advisory and shall not require the 
     development of any new policy by, or impose any new policy 
     on, any government or private entity.
       ``(B) Availability of maps.--The multihazard advisory maps 
     shall be made available to the appropriate State and local 
     governments for the purposes of--
       ``(i) informing the general public about the risks of 
     natural hazards in the areas described in paragraph (2);
       ``(ii) supporting the activities described in subsection 
     (e); and
       ``(iii) other public uses.
       ``(l) Report on Federal and State Administration.--Not 
     later than 18 months after the date of enactment of this 
     section, the President, in consultation with State and local 
     governments, shall submit to Congress a report evaluating 
     efforts to implement this section and recommending a process 
     for transferring greater authority and responsibility for 
     administering the assistance program established under this 
     section to capable States.
       ``(m) Termination of Authority.--The authority provided by 
     this section terminates December 31, 2003.''.
       (b) Conforming Amendment.--Title II of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5131 et seq.) is amended by striking the title heading 
     and inserting the following:

     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.

     SEC. 103. INTERAGENCY TASK FORCE.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as amended 
     by section 102(a)) is amended by adding at the end the 
     following:

     ``SEC. 204. INTERAGENCY TASK FORCE.

       ``(a) In General.--The President shall establish a Federal 
     interagency task force for the purpose of coordinating the 
     implementation of predisaster hazard mitigation programs 
     administered by the Federal Government.
       ``(b) Chairperson.--The Director of the Federal Emergency 
     Management Agency shall serve as the chairperson of the task 
     force.
       ``(c) Membership.--The membership of the task force shall 
     include representatives of--
       ``(1) relevant Federal agencies;
       ``(2) State and local government organizations (including 
     Indian tribes); and
       ``(3) the American Red Cross.''.

     SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC 
                   AND PRIVATE STRUCTURES.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 322. MITIGATION PLANNING.

       ``(a) Requirement of Mitigation Plan.--As a condition of 
     receipt of an increased Federal share for hazard mitigation 
     measures under subsection (e), a State, local, or tribal 
     government shall develop and submit for approval to the 
     President a mitigation plan that outlines processes for 
     identifying the natural hazards, risks, and vulnerabilities 
     of the area under the jurisdiction of the government.
       ``(b) Local and Tribal Plans.--Each mitigation plan 
     developed by a local or tribal government shall--
       ``(1) describe actions to mitigate hazards, risks, and 
     vulnerabilities identified under the plan; and
       ``(2) establish a strategy to implement those actions.
       ``(c) State Plans.--The State process of development of a 
     mitigation plan under this section shall--
       ``(1) identify the natural hazards, risks, and 
     vulnerabilities of areas in the State;
       ``(2) support development of local mitigation plans;
       ``(3) provide for technical assistance to local and tribal 
     governments for mitigation planning; and
       ``(4) identify and prioritize mitigation actions that the 
     State will support, as resources become available.
       ``(d) Funding.--
       ``(1) In general.--Federal contributions under section 404 
     may be used to fund the development and updating of 
     mitigation plans under this section.
       ``(2) Maximum federal contribution.--With respect to any 
     mitigation plan, a State,

[[Page 20943]]

     local, or tribal government may use an amount of Federal 
     contributions under section 404 not to exceed 7 percent of 
     the amount of such contributions available to the government 
     as of a date determined by the government.
       ``(e) Increased Federal Share for Hazard Mitigation 
     Measures.--
       ``(1) In general.--If, at the time of the declaration of a 
     major disaster, a State has in effect an approved mitigation 
     plan under this section, the President may increase to 20 
     percent, with respect to the major disaster, the maximum 
     percentage specified in the last sentence of section 404(a).
       ``(2) Factors for consideration.--In determining whether to 
     increase the maximum percentage under paragraph (1), the 
     President shall consider whether the State has established--
       ``(A) eligibility criteria for property acquisition and 
     other types of mitigation measures;
       ``(B) requirements for cost effectiveness that are related 
     to the eligibility criteria;
       ``(C) a system of priorities that is related to the 
     eligibility criteria; and
       ``(D) a process by which an assessment of the effectiveness 
     of a mitigation action may be carried out after the 
     mitigation action is complete.

     ``SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE 
                   STRUCTURES.

       ``(a) In General.--As a condition of receipt of a disaster 
     loan or grant under this Act--
       ``(1) the recipient shall carry out any repair or 
     construction to be financed with the loan or grant in 
     accordance with applicable standards of safety, decency, and 
     sanitation and in conformity with applicable codes, 
     specifications, and standards; and
       ``(2) the President may require safe land use and 
     construction practices, after adequate consultation with 
     appropriate State and local government officials.
       ``(b) Evidence of Compliance.--A recipient of a disaster 
     loan or grant under this Act shall provide such evidence of 
     compliance with this section as the President may require by 
     regulation.''.
       (b) Losses From Straight Line Winds.--The President shall 
     increase the maximum percentage specified in the last 
     sentence of section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) from 
     15 percent to 20 percent with respect to any major disaster 
     that is in the State of Minnesota and for which assistance is 
     being provided as of the date of enactment of this Act, 
     except that additional assistance provided under this 
     subsection shall not exceed $6,000,000. The mitigation 
     measures assisted under this subsection shall be related to 
     losses in the State of Minnesota from straight line winds.
       (c) Conforming Amendments.--
       (1) Section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
     amended--
       (A) in the second sentence, by striking ``section 409'' and 
     inserting ``section 322''; and
       (B) in the third sentence, by striking ``The total'' and 
     inserting ``Subject to section 322, the total''.
       (2) Section 409 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

               TITLE II--STREAMLINING AND COST REDUCTION

     SEC. 201. TECHNICAL AMENDMENTS.

       Section 311 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5154) is amended in 
     subsections (a)(1), (b), and (c) by striking ``section 803 of 
     the Public Works and Economic Development Act of 1965'' each 
     place it appears and inserting ``section 209(c)(2) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3149(c)(2))''.

     SEC. 202. MANAGEMENT COSTS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) (as amended by section 104(a)) is amended by adding 
     at the end the following:

     ``SEC. 324. MANAGEMENT COSTS.

       ``(a) Definition of Management Cost.--In this section, the 
     term `management cost' includes any indirect cost, any 
     administrative expense, and any other expense not directly 
     chargeable to a specific project under a major disaster, 
     emergency, or disaster preparedness or mitigation activity or 
     measure.
       ``(b) Establishment of Management Cost Rates.--
     Notwithstanding any other provision of law (including any 
     administrative rule or guidance), the President shall by 
     regulation establish management cost rates, for grantees and 
     subgrantees, that shall be used to determine contributions 
     under this Act for management costs.
       ``(c) Review.--The President shall review the management 
     cost rates established under subsection (b) not later than 3 
     years after the date of establishment of the rates and 
     periodically thereafter.''.
       (b) Applicability.--
       (1) In general.--Subject to paragraph (2), subsections (a) 
     and (b) of section 324 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (as added by subsection 
     (a)) shall apply to major disasters declared under that Act 
     on or after the date of enactment of this Act.
       (2) Interim authority.--Until the date on which the 
     President establishes the management cost rates under section 
     324 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as added by subsection (a)), section 406(f) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day 
     before the date of enactment of this Act) shall be used to 
     establish management cost rates.

     SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       Title III of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended 
     by section 202(a)) is amended by adding at the end the 
     following:

     ``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       ``(a) Public Notice and Comment Concerning New or Modified 
     Policies.--
       ``(1) In general.--The President shall provide for public 
     notice and opportunity for comment before adopting any new or 
     modified policy that--
       ``(A) governs implementation of the public assistance 
     program administered by the Federal Emergency Management 
     Agency under this Act; and
       ``(B) could result in a significant reduction of assistance 
     under the program.
       ``(2) Application.--Any policy adopted under paragraph (1) 
     shall apply only to a major disaster or emergency declared on 
     or after the date on which the policy is adopted.
       ``(b) Consultation Concerning Interim Policies.--
       ``(1) In general.--Before adopting any interim policy under 
     the public assistance program to address specific conditions 
     that relate to a major disaster or emergency that has been 
     declared under this Act, the President, to the maximum extent 
     practicable, shall solicit the views and recommendations of 
     grantees and subgrantees with respect to the major disaster 
     or emergency concerning the potential interim policy, if the 
     interim policy is likely--
       ``(A) to result in a significant reduction of assistance to 
     applicants for the assistance with respect to the major 
     disaster or emergency; or
       ``(B) to change the terms of a written agreement to which 
     the Federal Government is a party concerning the declaration 
     of the major disaster or emergency.
       ``(2) No legal right of action.--Nothing in this subsection 
     confers a legal right of action on any party.
       ``(c) Public Access.--The President shall promote public 
     access to policies governing the implementation of the public 
     assistance program.''.

     SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT 
                   PROGRAM.

       Section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
     adding at the end the following:
       ``(c) Program Administration by States.--
       ``(1) In general.--A State desiring to administer the 
     hazard mitigation grant program established by this section 
     with respect to hazard mitigation assistance in the State may 
     submit to the President an application for the delegation of 
     the authority to administer the program.
       ``(2) Criteria.--The President, in consultation and 
     coordination with States and local governments, shall 
     establish criteria for the approval of applications submitted 
     under paragraph (1). The criteria shall include, at a 
     minimum--
       ``(A) the demonstrated ability of the State to manage the 
     grant program under this section;
       ``(B) there being in effect an approved mitigation plan 
     under section 322; and
       ``(C) a demonstrated commitment to mitigation activities.
       ``(3) Approval.--The President shall approve an application 
     submitted under paragraph (1) that meets the criteria 
     established under paragraph (2).
       ``(4) Withdrawal of approval.--If, after approving an 
     application of a State submitted under paragraph (1), the 
     President determines that the State is not administering the 
     hazard mitigation grant program established by this section 
     in a manner satisfactory to the President, the President 
     shall withdraw the approval.
       ``(5) Audits.--The President shall provide for periodic 
     audits of the hazard mitigation grant programs administered 
     by States under this subsection.''.

     SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
                   REPLACE DAMAGED FACILITIES.

       (a) Contributions.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Contributions.--
       ``(1) In general.--The President may make contributions--
       ``(A) to a State or local government for the repair, 
     restoration, reconstruction, or replacement of a public 
     facility damaged or destroyed by a major disaster and for 
     associated expenses incurred by the government; and

[[Page 20944]]

       ``(B) subject to paragraph (3), to a person that owns or 
     operates a private nonprofit facility damaged or destroyed by 
     a major disaster for the repair, restoration, reconstruction, 
     or replacement of the facility and for associated expenses 
     incurred by the person.
       ``(2) Associated expenses.--For the purposes of this 
     section, associated expenses shall include--
       ``(A) the costs of mobilizing and employing the National 
     Guard for performance of eligible work;
       ``(B) the costs of using prison labor to perform eligible 
     work, including wages actually paid, transportation to a 
     worksite, and extraordinary costs of guards, food, and 
     lodging; and
       ``(C) base and overtime wages for the employees and extra 
     hires of a State, local government, or person described in 
     paragraph (1) that perform eligible work, plus fringe 
     benefits on such wages to the extent that such benefits were 
     being paid before the major disaster.
       ``(3) Conditions for assistance to private nonprofit 
     facilities.--
       ``(A) In general.--The President may make contributions to 
     a private nonprofit facility under paragraph (1)(B) only if--
       ``(i) the facility provides critical services (as defined 
     by the President) in the event of a major disaster; or
       ``(ii) the owner or operator of the facility--

       ``(I) has applied for a disaster loan under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       ``(II)(aa) has been determined to be ineligible for such a 
     loan; or
       ``(bb) has obtained such a loan in the maximum amount for 
     which the Small Business Administration determines the 
     facility is eligible.

       ``(B) Definition of critical services.--In this paragraph, 
     the term `critical services' includes power, water (including 
     water provided by an irrigation organization or facility), 
     sewer, wastewater treatment, communications, and emergency 
     medical care.
       ``(4) Notification to congress.--Before making any 
     contribution under this section in an amount greater than 
     $20,000,000, the President shall notify--
       ``(A) the Committee on Environment and Public Works of the 
     Senate;
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       ``(C) the Committee on Appropriations of the Senate; and
       ``(D) the Committee on Appropriations of the House of 
     Representatives.''.
       (b) Federal Share.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Federal Share.--
       ``(1) Minimum federal share.--Except as provided in 
     paragraph (2), the Federal share of assistance under this 
     section shall be not less than 75 percent of the eligible 
     cost of repair, restoration, reconstruction, or replacement 
     carried out under this section.
       ``(2) Reduced federal share.--The President shall 
     promulgate regulations to reduce the Federal share of 
     assistance under this section to not less than 25 percent in 
     the case of the repair, restoration, reconstruction, or 
     replacement of any eligible public facility or private 
     nonprofit facility following an event associated with a major 
     disaster--
       ``(A) that has been damaged, on more than 1 occasion within 
     the preceding 10-year period, by the same type of event; and
       ``(B) the owner of which has failed to implement 
     appropriate mitigation measures to address the hazard that 
     caused the damage to the facility.''.
       (c) Large In-Lieu Contributions.--Section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Large In-Lieu Contributions.--
       ``(1) For public facilities.--
       ``(A) In general.--In any case in which a State or local 
     government determines that the public welfare would not best 
     be served by repairing, restoring, reconstructing, or 
     replacing any public facility owned or controlled by the 
     State or local government, the State or local government may 
     elect to receive, in lieu of a contribution under subsection 
     (a)(1)(A), a contribution in an amount equal to 75 percent of 
     the Federal share of the Federal estimate of the cost of 
     repairing, restoring, reconstructing, or replacing the 
     facility and of management expenses.
       ``(B) Areas with unstable soil.--In any case in which a 
     State or local government determines that the public welfare 
     would not best be served by repairing, restoring, 
     reconstructing, or replacing any public facility owned or 
     controlled by the State or local government because soil 
     instability in the disaster area makes repair, restoration, 
     reconstruction, or replacement infeasible, the State or local 
     government may elect to receive, in lieu of a contribution 
     under subsection (a)(1)(A), a contribution in an amount equal 
     to 90 percent of the Federal share of the Federal estimate of 
     the cost of repairing, restoring, reconstructing, or 
     replacing the facility and of management expenses.
       ``(C) Use of funds.--Funds contributed to a State or local 
     government under this paragraph may be used--
       ``(i) to repair, restore, or expand other selected public 
     facilities;
       ``(ii) to construct new facilities; or
       ``(iii) to fund hazard mitigation measures that the State 
     or local government determines to be necessary to meet a need 
     for governmental services and functions in the area affected 
     by the major disaster.
       ``(D) Limitations.--Funds made available to a State or 
     local government under this paragraph may not be used for--
       ``(i) any public facility located in a regulatory floodway 
     (as defined in section 59.1 of title 44, Code of Federal 
     Regulations (or a successor regulation)); or
       ``(ii) any uninsured public facility located in a special 
     flood hazard area identified by the Director of the Federal 
     Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
       ``(2) For private nonprofit facilities.--
       ``(A) In general.--In any case in which a person that owns 
     or operates a private nonprofit facility determines that the 
     public welfare would not best be served by repairing, 
     restoring, reconstructing, or replacing the facility, the 
     person may elect to receive, in lieu of a contribution under 
     subsection (a)(1)(B), a contribution in an amount equal to 75 
     percent of the Federal share of the Federal estimate of the 
     cost of repairing, restoring, reconstructing, or replacing 
     the facility and of management expenses.
       ``(B) Use of funds.--Funds contributed to a person under 
     this paragraph may be used--
       ``(i) to repair, restore, or expand other selected private 
     nonprofit facilities owned or operated by the person;
       ``(ii) to construct new private nonprofit facilities to be 
     owned or operated by the person; or
       ``(iii) to fund hazard mitigation measures that the person 
     determines to be necessary to meet a need for the person's 
     services and functions in the area affected by the major 
     disaster.
       ``(C) Limitations.--Funds made available to a person under 
     this paragraph may not be used for--
       ``(i) any private nonprofit facility located in a 
     regulatory floodway (as defined in section 59.1 of title 44, 
     Code of Federal Regulations (or a successor regulation)); or
       ``(ii) any uninsured private nonprofit facility located in 
     a special flood hazard area identified by the Director of the 
     Federal Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).''.
       (d) Eligible Cost.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Eligible Cost.--
       ``(1) Determination.--
       ``(A) In general.--For the purposes of this section, the 
     President shall estimate the eligible cost of repairing, 
     restoring, reconstructing, or replacing a public facility or 
     private nonprofit facility--
       ``(i) on the basis of the design of the facility as the 
     facility existed immediately before the major disaster; and
       ``(ii) in conformity with codes, specifications, and 
     standards (including floodplain management and hazard 
     mitigation criteria required by the President or under the 
     Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) 
     applicable at the time at which the disaster occurred.
       ``(B) Cost estimation procedures.--
       ``(i) In general.--Subject to paragraph (2), the President 
     shall use the cost estimation procedures established under 
     paragraph (3) to determine the eligible cost under this 
     subsection.
       ``(ii) Applicability.--The procedures specified in this 
     paragraph and paragraph (2) shall apply only to projects the 
     eligible cost of which is equal to or greater than the amount 
     specified in section 422.
       ``(2) Modification of eligible cost.--
       ``(A) Actual cost greater than ceiling percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is greater than the ceiling percentage 
     established under paragraph (3) of the cost estimated under 
     paragraph (1), the President may determine that the eligible 
     cost includes a portion of the actual cost of the repair, 
     restoration, reconstruction, or replacement that exceeds the 
     cost estimated under paragraph (1).
       ``(B) Actual cost less than estimated cost.--
       ``(i) Greater than or equal to floor percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is less than 100 percent of the cost 
     estimated under paragraph (1), but is greater than or equal 
     to the floor percentage established under paragraph (3) of 
     the cost estimated under paragraph (1), the State or local 
     government or person receiving funds under this section shall 
     use the excess funds to carry out cost-effective activities 
     that reduce the risk of future damage, hardship, or suffering 
     from a major disaster.

[[Page 20945]]

       ``(ii) Less than floor percentage of estimated cost.--In 
     any case in which the actual cost of repairing, restoring, 
     reconstructing, or replacing a facility under this section is 
     less than the floor percentage established under paragraph 
     (3) of the cost estimated under paragraph (1), the State or 
     local government or person receiving assistance under this 
     section shall reimburse the President in the amount of the 
     difference.
       ``(C) No effect on appeals process.--Nothing in this 
     paragraph affects any right of appeal under section 423.
       ``(3) Expert panel.--
       ``(A) Establishment.--Not later than 18 months after the 
     date of enactment of this paragraph, the President, acting 
     through the Director of the Federal Emergency Management 
     Agency, shall establish an expert panel, which shall include 
     representatives from the construction industry and State and 
     local government.
       ``(B) Duties.--The expert panel shall develop 
     recommendations concerning--
       ``(i) procedures for estimating the cost of repairing, 
     restoring, reconstructing, or replacing a facility consistent 
     with industry practices; and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(C) Regulations.--Taking into account the recommendations 
     of the expert panel under subparagraph (B), the President 
     shall promulgate regulations that establish--
       ``(i) cost estimation procedures described in subparagraph 
     (B)(i); and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(D) Review by president.--Not later than 2 years after 
     the date of promulgation of regulations under subparagraph 
     (C) and periodically thereafter, the President shall review 
     the cost estimation procedures and the ceiling and floor 
     percentages established under this paragraph.
       ``(E) Report to congress.--Not later than 1 year after the 
     date of promulgation of regulations under subparagraph (C), 3 
     years after that date, and at the end of each 2-year period 
     thereafter, the expert panel shall submit to Congress a 
     report on the appropriateness of the cost estimation 
     procedures.
       ``(4) Special rule.--In any case in which the facility 
     being repaired, restored, reconstructed, or replaced under 
     this section was under construction on the date of the major 
     disaster, the cost of repairing, restoring, reconstructing, 
     or replacing the facility shall include, for the purposes of 
     this section, only those costs that, under the contract for 
     the construction, are the owner's responsibility and not the 
     contractor's responsibility.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date of enactment of this Act and applies 
     to funds appropriated after the date of enactment of this 
     Act, except that paragraph (1) of section 406(e) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (as amended by paragraph (1)) takes effect on the date on 
     which the cost estimation procedures established under 
     paragraph (3) of that section take effect.
       (e) Conforming Amendment.--Section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (f).

     SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       (a) In General.--Section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
     is amended to read as follows:

     ``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       ``(a) In General.--
       ``(1) Provision of assistance.--In accordance with this 
     section, the President, in consultation with the Governor of 
     a State, may provide financial assistance, and, if necessary, 
     direct services, to individuals and households in the State 
     who, as a direct result of a major disaster, have necessary 
     expenses and serious needs in cases in which the individuals 
     and households are unable to meet such expenses or needs 
     through other means.
       ``(2) Relationship to other assistance.--Under paragraph 
     (1), an individual or household shall not be denied 
     assistance under paragraph (1), (3), or (4) of subsection (c) 
     solely on the basis that the individual or household has not 
     applied for or received any loan or other financial 
     assistance from the Small Business Administration or any 
     other Federal agency.
       ``(b) Housing Assistance.--
       ``(1) Eligibility.--The President may provide financial or 
     other assistance under this section to individuals and 
     households to respond to the disaster-related housing needs 
     of individuals and households who are displaced from their 
     predisaster primary residences or whose predisaster primary 
     residences are rendered uninhabitable as a result of damage 
     caused by a major disaster.
       ``(2) Determination of appropriate types of assistance.--
       ``(A) In general.--The President shall determine 
     appropriate types of housing assistance to be provided under 
     this section to individuals and households described in 
     subsection (a)(1) based on considerations of cost 
     effectiveness, convenience to the individuals and households, 
     and such other factors as the President may consider 
     appropriate.
       ``(B) Multiple types of assistance.--One or more types of 
     housing assistance may be made available under this section, 
     based on the suitability and availability of the types of 
     assistance, to meet the needs of individuals and households 
     in the particular disaster situation.
       ``(c) Types of Housing Assistance.--
       ``(1) Temporary housing.--
       ``(A) Financial assistance.--
       ``(i) In general.--The President may provide financial 
     assistance to individuals or households to rent alternate 
     housing accommodations, existing rental units, manufactured 
     housing, recreational vehicles, or other readily fabricated 
     dwellings.
       ``(ii) Amount.--The amount of assistance under clause (i) 
     shall be based on the fair market rent for the accommodation 
     provided plus the cost of any transportation, utility 
     hookups, or unit installation not provided directly by the 
     President.
       ``(B) Direct assistance.--
       ``(i) In general.--The President may provide temporary 
     housing units, acquired by purchase or lease, directly to 
     individuals or households who, because of a lack of available 
     housing resources, would be unable to make use of the 
     assistance provided under subparagraph (A).
       ``(ii) Period of assistance.--The President may not provide 
     direct assistance under clause (i) with respect to a major 
     disaster after the end of the 18-month period beginning on 
     the date of the declaration of the major disaster by the 
     President, except that the President may extend that period 
     if the President determines that due to extraordinary 
     circumstances an extension would be in the public interest.
       ``(iii) Collection of rental charges.--After the end of the 
     18-month period referred to in clause (ii), the President may 
     charge fair market rent for each temporary housing unit 
     provided.
       ``(2) Repairs.--
       ``(A) In general.--The President may provide financial 
     assistance for--
       ``(i) the repair of owner-occupied private residences, 
     utilities, and residential infrastructure (such as a private 
     access route) damaged by a major disaster to a safe and 
     sanitary living or functioning condition; and
       ``(ii) eligible hazard mitigation measures that reduce the 
     likelihood of future damage to such residences, utilities, or 
     infrastructure.
       ``(B) Relationship to other assistance.--A recipient of 
     assistance provided under this paragraph shall not be 
     required to show that the assistance can be met through other 
     means, except insurance proceeds.
       ``(C) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $5,000, as adjusted annually to reflect changes in 
     the Consumer Price Index for All Urban Consumers published by 
     the Department of Labor.
       ``(3) Replacement.--
       ``(A) In general.--The President may provide financial 
     assistance for the replacement of owner-occupied private 
     residences damaged by a major disaster.
       ``(B) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $10,000, as adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(C) Applicability of flood insurance requirement.--With 
     respect to assistance provided under this paragraph, the 
     President may not waive any provision of Federal law 
     requiring the purchase of flood insurance as a condition of 
     the receipt of Federal disaster assistance.
       ``(4) Permanent housing construction.--The President may 
     provide financial assistance or direct assistance to 
     individuals or households to construct permanent housing in 
     insular areas outside the continental United States and in 
     other remote locations in cases in which--
       ``(A) no alternative housing resources are available; and
       ``(B) the types of temporary housing assistance described 
     in paragraph (1) are unavailable, infeasible, or not cost-
     effective.
       ``(d) Terms and Conditions Relating to Housing 
     Assistance.--
       ``(1) Sites.--
       ``(A) In general.--Any readily fabricated dwelling provided 
     under this section shall, whenever practicable, be located on 
     a site that--
       ``(i) is complete with utilities; and
       ``(ii) is provided by the State or local government, by the 
     owner of the site, or by the occupant who was displaced by 
     the major disaster.
       ``(B) Sites provided by the president.--A readily 
     fabricated dwelling may be located on a site provided by the 
     President if the President determines that such a site would 
     be more economical or accessible.
       ``(2) Disposal of units.--
       ``(A) Sale to occupants.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a temporary housing unit purchased under this section by 
     the President for the purpose of housing disaster victims may 
     be sold directly to the individual or household who is 
     occupying the unit if the individual or household lacks 
     permanent housing.

[[Page 20946]]

       ``(ii) Sale price.--A sale of a temporary housing unit 
     under clause (i) shall be at a price that is fair and 
     equitable.
       ``(iii) Deposit of proceeds.--Notwithstanding any other 
     provision of law, the proceeds of a sale under clause (i) 
     shall be deposited in the appropriate Disaster Relief Fund 
     account.
       ``(iv) Hazard and flood insurance.--A sale of a temporary 
     housing unit under clause (i) shall be made on the condition 
     that the individual or household purchasing the housing unit 
     agrees to obtain and maintain hazard and flood insurance on 
     the housing unit.
       ``(v) Use of gsa services.--The President may use the 
     services of the General Services Administration to accomplish 
     a sale under clause (i).
       ``(B) Other methods of disposal.--If not disposed of under 
     subparagraph (A), a temporary housing unit purchased under 
     this section by the President for the purpose of housing 
     disaster victims--
       ``(i) may be sold to any person; or
       ``(ii) may be sold, transferred, donated, or otherwise made 
     available directly to a State or other governmental entity or 
     to a voluntary organization for the sole purpose of providing 
     temporary housing to disaster victims in major disasters and 
     emergencies if, as a condition of the sale, transfer, or 
     donation, the State, other governmental agency, or voluntary 
     organization agrees--

       ``(I) to comply with the nondiscrimination provisions of 
     section 308; and
       ``(II) to obtain and maintain hazard and flood insurance on 
     the housing unit.

       ``(e) Financial Assistance To Address Other Needs.--
       ``(1) Medical, dental, and funeral expenses.--The 
     President, in consultation with the Governor of a State, may 
     provide financial assistance under this section to an 
     individual or household in the State who is adversely 
     affected by a major disaster to meet disaster-related 
     medical, dental, and funeral expenses.
       ``(2) Personal property, transportation, and other 
     expenses.--The President, in consultation with the Governor 
     of a State, may provide financial assistance under this 
     section to an individual or household described in paragraph 
     (1) to address personal property, transportation, and other 
     necessary expenses or serious needs resulting from the major 
     disaster.
       ``(f) State Role.--
       ``(1) Financial assistance to address other needs.--
       ``(A) Grant to state.--Subject to subsection (g), a 
     Governor may request a grant from the President to provide 
     financial assistance to individuals and households in the 
     State under subsection (e).
       ``(B) Administrative costs.--A State that receives a grant 
     under subparagraph (A) may expend not more than 5 percent of 
     the amount of the grant for the administrative costs of 
     providing financial assistance to individuals and households 
     in the State under subsection (e).
       ``(2) Access to records.--In providing assistance to 
     individuals and households under this section, the President 
     shall provide for the substantial and ongoing involvement of 
     the States in which the individuals and households are 
     located, including by providing to the States access to the 
     electronic records of individuals and households receiving 
     assistance under this section in order for the States to make 
     available any additional State and local assistance to the 
     individuals and households.
       ``(g) Cost Sharing.--
       ``(1) Federal share.--Except as provided in paragraph (2), 
     the Federal share of the costs eligible to be paid using 
     assistance provided under this section shall be 100 percent.
       ``(2) Financial assistance to address other needs.--In the 
     case of financial assistance provided under subsection (e)--
       ``(A) the Federal share shall be 75 percent; and
       ``(B) the non-Federal share shall be paid from funds made 
     available by the State.
       ``(h) Maximum Amount of Assistance.--
       ``(1) In general.--No individual or household shall receive 
     financial assistance greater than $25,000 under this section 
     with respect to a single major disaster.
       ``(2) Adjustment of limit.--The limit established under 
     paragraph (1) shall be adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(i) Rules and Regulations.--The President shall prescribe 
     rules and regulations to carry out this section, including 
     criteria, standards, and procedures for determining 
     eligibility for assistance.''.
       (b) Conforming Amendment.--Section 502(a)(6) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5192(a)(6)) is amended by striking ``temporary 
     housing''.
       (c) Elimination of Individual and Family Grant Programs.--
     Section 411 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5178) is repealed.
       (d) Effective Date.--The amendments made by this section 
     take effect 18 months after the date of enactment of this 
     Act.

     SEC. 207. COMMUNITY DISASTER LOANS.

       Section 417 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5184) is amended--
       (1) by striking ``(a) The President'' and inserting the 
     following:
       ``(a) In General.--The President'';
       (2) by striking ``The amount'' and inserting the following:
       ``(b) Amount.--The amount'';
       (3) by striking ``Repayment'' and inserting the following:
       ``(c) Repayment.--
       ``(1) Cancellation.--Repayment'';
       (4) by striking ``(b) Any loans'' and inserting the 
     following:
       ``(d) Effect on Other Assistance.--Any loans'';
       (5) in subsection (b) (as designated by paragraph (2))--
       (A) by striking ``and shall'' and inserting ``shall''; and
       (B) by inserting before the period at the end the 
     following: ``, and shall not exceed $5,000,000''; and
       (6) in subsection (c) (as designated by paragraph (3)), by 
     adding at the end the following:
       ``(2) Condition on continuing eligibility.--A local 
     government shall not be eligible for further assistance under 
     this section during any period in which the local government 
     is in arrears with respect to a required repayment of a loan 
     under this section.''.

     SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS 
                   INITIATIVE.

       Not later than 3 years after the date of enactment of this 
     Act, the President shall submit to Congress a report 
     describing the results of the State Management of Small 
     Disasters Initiative, including--
       (1) identification of any administrative or financial 
     benefits of the initiative; and
       (2) recommendations concerning the conditions, if any, 
     under which States should be allowed the option to administer 
     parts of the assistance program under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172).

     SEC. 209. STUDY REGARDING COST REDUCTION.

       Not later than 3 years after the date of enactment of this 
     Act, the Director of the Congressional Budget Office shall 
     complete a study estimating the reduction in Federal disaster 
     assistance that has resulted and is likely to result from the 
     enactment of this Act.

                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

       The first section of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 note) is amended 
     to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act'.''.

     SEC. 302. DEFINITIONS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) in each of paragraphs (3) and (4), by striking ``the 
     Northern'' and all that follows through ``Pacific Islands'' 
     and inserting ``and the Commonwealth of the Northern Mariana 
     Islands'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Local government.--The term `local government' 
     means--
       ``(A) a county, municipality, city, town, township, local 
     public authority, school district, special district, 
     intrastate district, council of governments (regardless of 
     whether the council of governments is incorporated as a 
     nonprofit corporation under State law), regional or 
     interstate government entity, or agency or instrumentality of 
     a local government;
       ``(B) an Indian tribe or authorized tribal organization, or 
     Alaska Native village or organization; and
       ``(C) a rural community, unincorporated town or village, or 
     other public entity, for which an application for assistance 
     is made by a State or political subdivision of a State.''; 
     and
       (3) in paragraph (9), by inserting ``irrigation,'' after 
     ``utility,''.

     SEC. 303. FIRE MANAGEMENT ASSISTANCE.

       (a) In General.--Section 420 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) 
     is amended to read as follows:

     ``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

       ``(a) In General.--The President is authorized to provide 
     assistance, including grants, equipment, supplies, and 
     personnel, to any State or local government for the 
     mitigation, management, and control of any fire on public or 
     private forest land or grassland that threatens such 
     destruction as would constitute a major disaster.
       ``(b) Coordination With State and Tribal Departments of 
     Forestry.--In providing assistance under this section, the 
     President shall coordinate with State and tribal departments 
     of forestry.
       ``(c) Essential Assistance.--In providing assistance under 
     this section, the President may use the authority provided 
     under section 403.
       ``(d) Rules and Regulations.--The President shall prescribe 
     such rules and regulations as are necessary to carry out this 
     section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect 1 year after the date of enactment of this Act.

[[Page 20947]]



     SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

       Title VII of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

       ``(a) Statute of Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     administrative action to recover any payment made to a State 
     or local government for disaster or emergency assistance 
     under this Act shall be initiated in any forum after the date 
     that is 3 years after the date of transmission of the final 
     expenditure report for the disaster or emergency.
       ``(2) Fraud exception.--The limitation under paragraph (1) 
     shall apply unless there is evidence of civil or criminal 
     fraud.
       ``(b) Rebuttal of Presumption of Record Maintenance.--
       ``(1) In general.--In any dispute arising under this 
     section after the date that is 3 years after the date of 
     transmission of the final expenditure report for the disaster 
     or emergency, there shall be a presumption that accounting 
     records were maintained that adequately identify the source 
     and application of funds provided for financially assisted 
     activities.
       ``(2) Affirmative evidence.--The presumption described in 
     paragraph (1) may be rebutted only on production of 
     affirmative evidence that the State or local government did 
     not maintain documentation described in that paragraph.
       ``(3) Inability to produce documentation.--The inability of 
     the Federal, State, or local government to produce source 
     documentation supporting expenditure reports later than 3 
     years after the date of transmission of the final expenditure 
     report shall not constitute evidence to rebut the presumption 
     described in paragraph (1).
       ``(4) Right of access.--The period during which the 
     Federal, State, or local government has the right to access 
     source documentation shall not be limited to the required 3-
     year retention period referred to in paragraph (3), but shall 
     last as long as the records are maintained.
       ``(c) Binding Nature of Grant Requirements.--A State or 
     local government shall not be liable for reimbursement or any 
     other penalty for any payment made under this Act if--
       ``(1) the payment was authorized by an approved agreement 
     specifying the costs;
       ``(2) the costs were reasonable; and
       ``(3) the purpose of the grant was accomplished.''.

     SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL 
                   AND STATE EMPLOYEES.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by 
     striking paragraph (7) and inserting the following:
       ``(7) `public safety officer' means--
       ``(A) an individual serving a public agency in an official 
     capacity, with or without compensation, as a law enforcement 
     officer, as a firefighter, or as a member of a rescue squad 
     or ambulance crew;
       ``(B) an employee of the Federal Emergency Management 
     Agency who is performing official duties of the Agency in an 
     area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the Director of the Federal 
     Emergency Management Agency to be hazardous duties; or
       ``(C) an employee of a State, local, or tribal emergency 
     management or civil defense agency who is performing official 
     duties in cooperation with the Federal Emergency Management 
     Agency in an area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the head of the agency to be 
     hazardous duties.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies only to employees described in subparagraphs (B) and 
     (C) of section 1204(7) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (as amended by subsection (a)) who are 
     injured or who die in the line of duty on or after the date 
     of enactment of this Act.

     SEC. 306. BUY AMERICAN.

       (a) Compliance With Buy American Act.--No funds authorized 
     to be appropriated under this Act or any amendment made by 
     this Act may be expended by an entity unless the entity, in 
     expending the funds, complies with the Buy American Act (41 
     U.S.C. 10a et seq.).
       (b) Debarment of Persons Convicted of Fraudulent Use of 
     ``Made in America'' Labels.--
       (1) In general.--If the Director of the Federal Emergency 
     Management Agency determines that a person has been convicted 
     of intentionally affixing a label bearing a ``Made in 
     America'' inscription to any product sold in or shipped to 
     the United States that is not made in America, the Director 
     shall determine, not later than 90 days after determining 
     that the person has been so convicted, whether the person 
     should be debarred from contracting under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Definition of debar.--In this subsection, the term 
     ``debar'' has the meaning given the term in section 2393(c) 
     of title 10, United States Code.

     SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.

       (a) In General.--Notwithstanding the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or 
     any other provision of law, or any flood risk zone 
     identified, delineated, or established under any such law (by 
     flood insurance rate map or otherwise), the real property 
     described in subsection (b) shall not be considered to be, or 
     to have been, located in any area having special flood 
     hazards (including any floodway or floodplain).
       (b) Real Property.--The real property described in this 
     subsection is all land and improvements on the land located 
     in the Maple Terrace Subdivisions in the city of Sycamore, 
     DeKalb County, Illinois, including--
       (1) Maple Terrace Phase I;
       (2) Maple Terrace Phase II;
       (3) Maple Terrace Phase III Unit 1;
       (4) Maple Terrace Phase III Unit 2;
       (5) Maple Terrace Phase III Unit 3;
       (6) Maple Terrace Phase IV Unit 1;
       (7) Maple Terrace Phase IV Unit 2; and
       (8) Maple Terrace Phase IV Unit 3.
       (c) Revision of Flood Insurance Rate Lot Maps.--As soon as 
     practicable after the date of enactment of this Act, the 
     Director of the Federal Emergency Management Agency shall 
     revise the appropriate flood insurance rate lot maps of the 
     agency to reflect the treatment under subsection (a) of the 
     real property described in subsection (b).

     SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN 
                   EMERGENCY MANAGEMENT.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (b) Study.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency shall conduct a study of participation by 
     Indian tribes in emergency management.
       (2) Required elements.--The study shall--
       (A) survey participation by Indian tribes in training, 
     predisaster and postdisaster mitigation, disaster 
     preparedness, and disaster recovery programs at the Federal 
     and State levels; and
       (B) review and assess the capacity of Indian tribes to 
     participate in cost-shared emergency management programs and 
     to participate in the management of the programs.
       (3) Consultation.--In conducting the study, the Director 
     shall consult with Indian tribes.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall submit a report on 
     the study under subsection (b) to--
       (1) the Committee on Environment and Public Works of the 
     Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 

           TECHNOLOGY TRANSFER COMMERCIALIZATION ACT OF 1999

                                 ______
                                 

                       EDWARDS AMENDMENT NO. 4300

  Mr. MACK (for Mr. Edwards) proposed an amendment to the bill (H.R. 
209) to improve the ability of Federal agencies to license federally 
owned inventions; as follows:

       At the appropriate place, insert the following:

     SEC.   . TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (A) Appointment of Ombudsman.--The Secretary of Energy 
     shall direct the director of each national laboratory of the 
     Department of Energy, and may direct the director of each 
     facility under the jurisdiction of the Department of Energy, 
     to appoint a technology partnership ombudsman to hear and 
     help resolve complaints from outside organizations regarding 
     the policies and actions of each such laboratory or facility 
     with respect to technology partnerships (including 
     cooperative research and development agreements), patents, 
     and technology licensing.
       (b) Qualifications.--An ombudsman appointed under 
     subsection (a) shall be a senior official of the national 
     laboratory or facility who is not involved in day-to-day 
     technology partnerships, patents, or technology licensing, 
     or, if appointed from outside the laboratory or facility, 
     function as such a senior official.
       (c) Duties.--Each ombudsman appointed under subsection (a) 
     shall--

[[Page 20948]]

       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     national laboratory or facility regarding technology 
     partnerships, patents, and technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution techniques such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report quarterly on the number and nature of complaints 
     and disputes raised, along with the ombudsman's assessment of 
     their resolution, consistent with the protection of 
     confidential and sensitive information, to--
       (A) the Secretary;
       (B) the Administrator for Nuclear Security;
       (C) the Director of the Office of Dispute Resolution of the 
     Department of Energy; and
       (D) the employees of the Department responsible for the 
     administration of the contract for the operation of each 
     national laboratory or facility that is a subject of the 
     report, for consideration in the administration and review of 
     that contract.

                          ____________________



                         PRIVILEGE OF THE FLOOR

  Mr. WELLSTONE. Mr. President, I ask unanimous consent Evan Mathiason 
and Daniel Lopez, interns in my office, be granted the privilege of the 
floor today during Senate deliberations.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                     2000 OCTOBER QUARTERLY REPORTS

  The mailing and filing date of the October Quarterly Report required 
by the Federal Election Campaign Act, as amended, is Sunday, October 
15, 2000. All Principal Campaign Committees supporting Senate 
candidates in the 2000 races must file their reports with the Senate 
Office of Public Records, 232 Hart Building, Washington, D.C. 20510-
7116. You may wish to advise your campaign committee personnel of this 
requirement.
  The Public Records will be open from 12:00 noon until 4:00 p.m. on 
October 15th to receive these filings. For further information, please 
do not hesitate to contact the Office of Public Records on (202) 224-
0322.

                          ____________________



                    2000 12 DAY PRE-GENERAL REPORTS

  The filing date of the 12 Day Pre-General Report required by the 
Federal Election Campaign Act, as amended, is Thursday, October 26, 
2000. The mailing date for the aforementioned report is Monday, October 
23, 2000, if postmarked by registered or certified mail. If this report 
is transmitted in any other manner it must be received by the filing 
date. All Principal Campaign Committees supporting Senate candidates in 
the 2000 races must file their reports with the Senate Office of Public 
Records, 232 Hart Building, Washington, D.C. 20510-7116. You may wish 
to advise your campaign committee personnel of this requirement.
  The Public Records office will be open from 8:00 a.m. until 6:00 p.m. 
on Thursday, October 26th to receive these filings. For further 
information, please do not hesitate to contact the Office of Public 
Records on (202) 224-0322.

                          ____________________



                         48 HOUR NOTIFICATIONS

  The Office of Public Records will be open on three successive 
Saturdays and Sundays from 12:00 noon until 4:00 p.m. for the purpose 
of accepting 48 hour notifications of contributions required by the 
Federal Election Campaign Act, as amended. The dates are October 21st 
and 22nd, October 28th and 29th, November 4th and 5th. All principal 
campaign committees supporting Senate candidates in 2000 must notify 
the Secretary of the Senate regarding contributions of $1,000 or more 
if received after the 20th day, but more than 48 hours before the day 
of the general election. The 48 hour notifications may also be 
transmitted by facsimile machine. The Office of Public Records FAX 
number is (202) 224-1851.

                          ____________________



                     REGISTRATION OF MASS MAILINGS

  The filing date for 2000 third quarter mass mailings is October 25, 
2000. If your office did no mass mailings during this period, please 
submit a form that states ``none.''
  Mass mailing registrations, or negative reports, should be submitted 
to the Senate Office of Public Records, 232 Hart Building, Washington, 
D.C. 20510-7116.
  The Public Records office will be open from 8:00 a.m. to 6:00 p.m. on 
the filing date to accept these filings. For further information, 
please contact the Public Records office at (202) 224-0322.

                          ____________________



                    2000 30 DAY POST-GENERAL REPORTS

  The mailing and filing date of the 30 Day Post-General Report 
required by the Federal Election Campaign Act, as amended, is Thursday, 
December 7, 2000. All Principal Campaign Committees supporting Senate 
candidates in the 2000 races must file their reports with the Senate 
Office of Public Records, 232 Hart Building, Washington, D.C. 20510-
7116. You may wish to advise your campaign committee personnel of this 
requirement.
  The Public Records office will be open from 9:00 a.m. to 5:00 p.m. on 
December 7th to receive these filings. For further information, please 
do not hesitate to contact the Office of Public Records on (202) 224-
0322.

                          ____________________



                              THE CALENDAR

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration, en bloc, of the following reported 
calendar items by the Energy Committee: Calendar No. 636, S. 2478; 
Calendar No. 637, S. 2485; Calendar No. 640, H.R. 3201; Calendar No. 
665, S. 1670; Calendar No. 668, H.R. 2879; Calendar No. 713, H.R. 2833; 
Calendar No. 749, S. 134; Calendar No. 753, S. 1972; Calendar No. 755, 
S. 2300; Calendar No. 757, S. 2499; Calendar No. 768, H.R. 468; 
Calendar No. 770, H.R. 1695; Calendar No. 790, S. 1925; Calendar No. 
792, S. 2069; Calendar No. 799, H.R. 3632; Calendar No. 811, H.R. 4226; 
Calendar No. 833, H.R. 4613; Calendar No. 835, H.R. 3745; Calendar No. 
852, S. 2942; Calendar No. 854, S. 3000; Calendar No. 886, S. 2749; 
Calendar No. 887, S. 2865; Calendar No. 892, H.R. 4285; Calendar No. 
897, S. 2757; Calendar No. 901, S. 2977; Calendar No. 903, S. 2885; 
Calendar No. 907, H.R. 4275; Calendar No. 925, S. 2111; Calendar No. 
928, S. 2547; Calendar No. 931, H. Con. Res. 89; and Calendar No. 936, 
S. 1756.
  I ask unanimous consent that any committee amendments, where 
appropriate, be agreed to, the bills, as amended, if amended, be read a 
third time and passed, as amended, if amended, any title amendments be 
agreed to, the resolution be agreed to, and the preamble be agreed to, 
the motion to reconsider be laid upon the table, and that any 
statements relating to any of the bills and the resolution be printed 
in the Record, with the above occurring en bloc.
  The PRESIDING OFFICER (Mr. Bennett). Without objection, it is so 
ordered.

                          ____________________



                  PEOPLING OF AMERICA THEME STUDY ACT

  The Senate proceeded to consider the bill (S. 2478) to require the 
Secretary of the Interior to conduct a theme study on the peopling of 
America, and for other purposes, which had been reported by the 
Committee on Energy and Natural Resources with amendments as follows:

       (Omit the parts in black brackets and insert the parts 
     printed in italic.)

                                S. 2478

       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 ``Peopling of America Theme 
     Study Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) an important facet of the history of the United States 
     is the story of how the United States was populated;
       (2) the migration, immigration, and settlement of the 
     population of the United States--
       (A) is broadly termed the ``peopling of America''; and
       (B) is characterized by--
       (i) the movement of groups of people across external and 
     internal boundaries of the United States and territories of 
     the United States; and

[[Page 20949]]

       (ii) the interactions of those groups with each other and 
     with other populations;
       (3) each of those groups has made unique, important 
     contributions to American history, culture, art, and life;
       (4) the spiritual, intellectual, cultural, political, and 
     economic vitality of the United States is a result of the 
     pluralism and diversity of the American population;
       (5) the success of the United States in embracing and 
     accommodating diversity has strengthened the national fabric 
     and unified the United States in its values, institutions, 
     experiences, goals, and accomplishments;
       (6)(A) the National Park Service's official thematic 
     framework, revised in 1996, responds to the requirement of 
     section 1209 of the Civil War Sites Study Act of 1990 (16 
     U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary 
     shall ensure that the full diversity of American history and 
     prehistory are represented'' in the identification and 
     interpretation of historic properties by the National Park 
     Service; and
       (B) the thematic framework recognizes that ``people are the 
     primary agents of change'' and establishes the theme of human 
     population movement and change--or ``peopling places''--as a 
     primary thematic category for interpretation and 
     preservation; and
       (7) although there are approximately 70,000 listings on the 
     National Register of Historic Places, sites associated with 
     the exploration and settlement of the United States by a 
     broad range of cultures are not well represented.
       (b) Purposes.--The purposes of this Act are--
       (1) to foster a much-needed understanding of the diversity 
     and contribution of the breadth of groups who have peopled 
     the United States; and
       (2) to strengthen the ability of the National Park Service 
     to include groups and events otherwise not recognized in the 
     peopling of the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study required under section 
     4.
       (3) Peopling of america.--The term `peopling of America'' 
     means the migration to and within, and the settlement of, the 
     United States.

     SEC. 4. THEME STUDY.

       (a) In General.--The Secretary shall prepare and submit to 
     Congress a national historic landmark theme study on the 
     peopling of America.
       (b) Purpose.--The purpose of the theme study shall be to 
     identify regions, areas, trails, districts, communities, 
     sites, buildings, structures, objects, organizations, 
     societies, and cultures that--
       (1) best illustrate and commemorate key events or decisions 
     affecting the peopling of America; and
       (2) can provide a basis for the preservation and 
     interpretation of the peopling of America that has shaped the 
     culture and society of the United States.
       (c) Identification and Designation of Potential New 
     National Historic Landmarks.--
       (1) In general.--The theme study shall identify and 
     recommend for designation new national historic landmarks.
       (2) List of appropriate sites.--The theme study shall--
       (A) include a list in order of importance or merit of the 
     most appropriate sites for national historic landmark 
     designation; and
       (B) encourage the nomination of other properties to the 
     National Register of Historic [Places by assisting members of 
     the public in evaluating sites within their communities and 
     in surrounding areas.] Places.
       (3) Designation.--On the basis of the theme study, the 
     Secretary shall designate new national historic landmarks.
       (d) National Park System.--
       (1) Identification of sites within current units.--The 
     theme study shall identify appropriate sites within units of 
     the National Park System at which the peopling of America may 
     be interpreted.
       (2) Identification of new sites.--On the basis of the theme 
     study, the Secretary shall recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (e) Continuing Authority.--After the date of submission to 
     Congress of the theme study, the Secretary shall, on a 
     continuing basis, as appropriate to interpret the peopling of 
     America--
       (1) evaluate, identify, and designate new national historic 
     landmarks; and
       (2) evaluate, identify, and recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (f) Public Education and Research.--
       (1) Linkages.--
       (A) Establishment.--On the basis of the theme study, the 
     Secretary may identify appropriate means for establishing 
     linkages--
       (i) between--

       (I) regions, trails, areas, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsections (b) and (d); and
       (II) groups of people; and

       (ii) between--

       (I) regions, areas, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsection (b); and
       (II) units of the National Park System identified under 
     subsection (d).

       (B) Purpose.--The purpose of the linkages shall be to 
     maximize opportunities for public education and scholarly 
     research on the peopling of America.
       (2) Cooperative arrangements.--On the basis of the theme 
     study, the Secretary shall, subject to the availability of 
     funds, enter into cooperative arrangements with State and 
     local governments, educational institutions, local historical 
     organizations, communities, and other appropriate entities to 
     preserve and interpret key sites in the peopling of America.
       (3) Educational initiatives.--
       (A) In general.--The documentation in the theme study shall 
     be used for broad educational initiatives such as--
       (i) popular publications;
       (ii) curriculum material such as the Teaching with Historic 
     Places program;
       (iii) heritage tourism products such as the National 
     Register of Historic Places Travel Itineraries program; and
       (iv) oral history and ethnographic programs.
       (B) Cooperative programs.--On the basis of the theme study, 
     the Secretary shall implement cooperative programs to 
     encourage the preservation and interpretation of the peopling 
     of America.

     SEC. 5. COOPERATIVE AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     educational institutions, professional associations, or other 
     entities knowledgeable about the peopling of America--
       (1) to prepare the theme study;
       (2) to ensure that the theme study is prepared in 
     accordance with generally accepted scholarly standards; and
       (3) to promote cooperative arrangements and programs 
     relating to the peopling of America.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The committee amendments were agreed to.
  The bill (S. 2478), as amended, was read the third time and passed, 
as follows:

                                S. 2478

       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 ``Peopling of America Theme 
     Study Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) an important facet of the history of the United States 
     is the story of how the United States was populated;
       (2) the migration, immigration, and settlement of the 
     population of the United States--
       (A) is broadly termed the ``peopling of America''; and
       (B) is characterized by--
       (i) the movement of groups of people across external and 
     internal boundaries of the United States and territories of 
     the United States; and
       (ii) the interactions of those groups with each other and 
     with other populations;
       (3) each of those groups has made unique, important 
     contributions to American history, culture, art, and life;
       (4) the spiritual, intellectual, cultural, political, and 
     economic vitality of the United States is a result of the 
     pluralism and diversity of the American population;
       (5) the success of the United States in embracing and 
     accommodating diversity has strengthened the national fabric 
     and unified the United States in its values, institutions, 
     experiences, goals, and accomplishments;
       (6)(A) the National Park Service's official thematic 
     framework, revised in 1996, responds to the requirement of 
     section 1209 of the Civil War Sites Study Act of 1990 (16 
     U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary 
     shall ensure that the full diversity of American history and 
     prehistory are represented'' in the identification and 
     interpretation of historic properties by the National Park 
     Service; and
       (B) the thematic framework recognizes that ``people are the 
     primary agents of change'' and establishes the theme of human 
     population movement and change--or ``peopling places''--as a 
     primary thematic category for interpretation and 
     preservation; and
       (7) although there are approximately 70,000 listings on the 
     National Register of Historic Places, sites associated with 
     the exploration and settlement of the United States by a 
     broad range of cultures are not well represented.
       (b) Purposes.--The purposes of this Act are--
       (1) to foster a much-needed understanding of the diversity 
     and contribution of the breadth of groups who have peopled 
     the United States; and
       (2) to strengthen the ability of the National Park Service 
     to include groups and

[[Page 20950]]

     events otherwise not recognized in the peopling of the United 
     States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study required under section 
     4.
       (3) Peopling of america.--The term ``peopling of America'' 
     means the migration to and within, and the settlement of, the 
     United States.

     SEC. 4. THEME STUDY.

       (a) In General.--The Secretary shall prepare and submit to 
     Congress a national historic landmark theme study on the 
     peopling of America.
       (b) Purpose.--The purpose of the theme study shall be to 
     identify regions, areas, trails, districts, communities, 
     sites, buildings, structures, objects, organizations, 
     societies, and cultures that--
       (1) best illustrate and commemorate key events or decisions 
     affecting the peopling of America; and
       (2) can provide a basis for the preservation and 
     interpretation of the peopling of America that has shaped the 
     culture and society of the United States.
       (c) Identification and Designation of Potential New 
     National Historic Landmarks.--
       (1) In general.--The theme study shall identify and 
     recommend for designation new national historic landmarks.
       (2) List of appropriate sites.--The theme study shall--
       (A) include a list in order of importance or merit of the 
     most appropriate sites for national historic landmark 
     designation; and
       (B) encourage the nomination of other properties to the 
     National Register of Historic Places.
       (3) Designation.--On the basis of the theme study, the 
     Secretary shall designate new national historic landmarks.
       (d) National Park System.--
       (1) Identification of sites within current units.--The 
     theme study shall identify appropriate sites within units of 
     the National Park System at which the peopling of America may 
     be interpreted.
       (2) Identification of new sites.--On the basis of the theme 
     study, the Secretary shall recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (e) Continuing Authority.--After the date of submission to 
     Congress of the theme study, the Secretary shall, on a 
     continuing basis, as appropriate to interpret the peopling of 
     America--
       (1) evaluate, identify, and designate new national historic 
     landmarks; and
       (2) evaluate, identify, and recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (f) Public Education and Research.--
       (1) Linkages.--
       (A) Establishment.--On the basis of the theme study, the 
     Secretary may identify appropriate means for establishing 
     linkages--
       (i) between--

       (I) regions, areas, trails, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsections (b) and (d); and
       (II) groups of people; and

       (ii) between--

       (I) regions, areas, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsection (b); and
       (II) units of the National Park System identified under 
     subsection (d).

       (B) Purpose.--The purpose of the linkages shall be to 
     maximize opportunities for public education and scholarly 
     research on the peopling of America.
       (2) Cooperative arrangements.--On the basis of the theme 
     study, the Secretary shall, subject to the availability of 
     funds, enter into cooperative arrangements with State and 
     local governments, educational institutions, local historical 
     organizations, communities, and other appropriate entities to 
     preserve and interpret key sites in the peopling of America.
       (3) Educational initiatives.--
       (A) In general.--The documentation in the theme study shall 
     be used for broad educational initiatives such as--
       (i) popular publications;
       (ii) curriculum material such as the Teaching with Historic 
     Places program;
       (iii) heritage tourism products such as the National 
     Register of Historic Places Travel Itineraries program; and
       (iv) oral history and ethnographic programs.
       (B) Cooperative programs.--On the basis of the theme study, 
     the Secretary shall implement cooperative programs to 
     encourage the preservation and interpretation of the peopling 
     of America.

     SEC. 5. COOPERATIVE AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     educational institutions, professional associations, or other 
     entities knowledgeable about the peopling of America--
       (1) to prepare the theme study;
       (2) to ensure that the theme study is prepared in 
     accordance with generally accepted scholarly standards; and
       (3) to promote cooperative arrangements and programs 
     relating to the peopling of America.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________



                    SAINT CROIX ISLAND HERITAGE ACT

  The Senate proceeded to consider the bill (S. 2485) to require the 
Secretary of the Interior to provide assistance in planning and 
constructing a regional heritage center in Calais, Maine, which had 
been reported by the Committee on Energy and Natural Resources with an 
amendment.
  (Omit the past in black brackets and insert the part printed in 
italic.)

                                S. 2485

       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 ``Saint Croix Island Heritage 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Saint Croix Island is located in the Saint Croix River, 
     a river that is the boundary between the State of Maine and 
     Canada;
       (2) the Island is the only international historic site in 
     the National Park System;
       (3) in 1604, French nobleman Pierre Dugua Sieur de Mons, 
     accompanied by a courageous group of adventurers that 
     included Samuel Champlain, landed on the Island and began the 
     construction of a settlement;
       (4) the French settlement on the Island in 1604 and 1605 
     was the initial site of the first permanent settlement in the 
     New World, predating the English settlement of 1607 at 
     Jamestown, Virginia;
       (5) many people view the expedition that settled on the 
     Island in 1604 as the beginning of the Acadian culture in 
     North America;
       (6) in October, 1998, the National Park Service completed a 
     general management plan to manage and interpret the Saint 
     Croix Island International Historic Site;
       (7) the plan addresses a variety of management 
     alternatives, and concludes that the best management strategy 
     entails developing an interpretive trail and ranger station 
     at Red Beach, Maine, and a regional heritage center in 
     downtown Calais, Maine, in cooperation with Federal, State, 
     and local agencies;
       (8) a 1982 memorandum of understanding, signed by the 
     Department of the Interior and the Canadian Department for 
     the Environment, outlines a cooperative program to 
     commemorate the international heritage of the Saint Croix 
     Island site and specifically to prepare for the 400th 
     anniversary of the settlement in 2004; and
       (9) only 4 years remain before the 400th anniversary of the 
     settlement at Saint Croix Island, an occasion that should be 
     appropriately commemorated.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary of the Interior to take all necessary and 
     appropriate steps to work with Federal, State, and local 
     agencies, historical societies, and nonprofit organizations 
     to facilitate the development of a regional heritage center 
     in downtown Calais, Maine before the 400th anniversary of the 
     settlement of Saint Croix Island.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Island.--The term ``Island'' means Saint Croix Island, 
     located in the Saint Croix River, between Canada and the 
     State of Maine.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 4. SAINT CROIX ISLAND REGIONAL HERITAGE CENTER.

       (a) In General.--The Secretary shall provide assistance in 
     planning, constructing, and operating a regional heritage 
     center in downtown Calais, Maine, to facilitate the 
     management and interpretation of the Saint Croix Island 
     International Historic Site.
       (b) Cooperative Agreements.--To carry out subsection (a), 
     in administering the Saint Croix Island International 
     Historic Site, the Secretary may enter into cooperative 
     agreements under appropriate terms and conditions [with State 
     and local agencies] with other Federal agencies, State and 
     local agencies and nonprofit organizations--
       (1) to provide exhibits, interpretive services (including 
     employing individuals to provide such services), and 
     technical assistance;
       (2) to conduct activities that facilitate the dissemination 
     of information relating to the Saint Croix Island 
     International Historic Site;
       (3) to provide financial assistance for the construction of 
     the regional heritage center in exchange for space in the 
     center that is sufficient to interpret the Saint Croix Island 
     International Historic Site; and
       (4) to assist with the operation and maintenance of the 
     regional heritage center.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Design and Construction.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this Act (including

[[Page 20951]]

     the design and construction of the regional heritage center) 
     $2,000,000.
       (2) Expenditure.--Paragraph (1) authorizes funds to be 
     appropriated on the condition that any expenditure of those 
     funds shall be matched on a dollar-for-dollar basis by funds 
     from non-Federal sources.
       (b) Operation and Maintenance.--There are authorized to be 
     appropriated such sums as are necessary to maintain and 
     operate interpretive exhibits in the regional heritage 
     center.

  The committee amendment was agreed to.
  The bill (S. 2485), as amended, was read the third time and passed, 
as follows:

                                S. 2485

       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 ``Saint Croix Island Heritage 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Saint Croix Island is located in the Saint Croix River, 
     a river that is the boundary between the State of Maine and 
     Canada;
       (2) the Island is the only international historic site in 
     the National Park System;
       (3) in 1604, French nobleman Pierre Dugua Sieur de Mons, 
     accompanied by a courageous group of adventurers that 
     included Samuel Champlain, landed on the Island and began the 
     construction of a settlement;
       (4) the French settlement on the Island in 1604 and 1605 
     was the initial site of the first permanent settlement in the 
     New World, predating the English settlement of 1607 at 
     Jamestown, Virginia;
       (5) many people view the expedition that settled on the 
     Island in 1604 as the beginning of the Acadian culture in 
     North America;
       (6) in October, 1998, the National Park Service completed a 
     general management plan to manage and interpret the Saint 
     Croix Island International Historic Site;
       (7) the plan addresses a variety of management 
     alternatives, and concludes that the best management strategy 
     entails developing an interpretive trail and ranger station 
     at Red Beach, Maine, and a regional heritage center in 
     downtown Calais, Maine, in cooperation with Federal, State, 
     and local agencies;
       (8) a 1982 memorandum of understanding, signed by the 
     Department of the Interior and the Canadian Department for 
     the Environment, outlines a cooperative program to 
     commemorate the international heritage of the Saint Croix 
     Island site and specifically to prepare for the 400th 
     anniversary of the settlement in 2004; and
       (9) only 4 years remain before the 400th anniversary of the 
     settlement at Saint Croix Island, an occasion that should be 
     appropriately commemorated.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary of the Interior to take all necessary and 
     appropriate steps to work with Federal, State, and local 
     agencies, historical societies, and nonprofit organizations 
     to facilitate the development of a regional heritage center 
     in downtown Calais, Maine before the 400th anniversary of the 
     settlement of Saint Croix Island.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Island.--The term ``Island'' means Saint Croix Island, 
     located in the Saint Croix River, between Canada and the 
     State of Maine.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 4. SAINT CROIX ISLAND REGIONAL HERITAGE CENTER.

       (a) In General.--The Secretary shall provide assistance in 
     planning, constructing, and operating a regional heritage 
     center in downtown Calais, Maine, to facilitate the 
     management and interpretation of the Saint Croix Island 
     International Historic Site.
       (b) Cooperative Agreements.--To carry out subsection (a), 
     in administering the Saint Croix Island International 
     Historic Site, the Secretary may enter into cooperative 
     agreements under appropriate terms and conditions with other 
     Federal agencies, State and local agencies and nonprofit 
     organizations--
       (1) to provide exhibits, interpretive services (including 
     employing individuals to provide such services), and 
     technical assistance;
       (2) to conduct activities that facilitate the dissemination 
     of information relating to the Saint Croix Island 
     International Historic Site;
       (3) to provide financial assistance for the construction of 
     the regional heritage center in exchange for space in the 
     center that is sufficient to interpret the Saint Croix Island 
     International Historic Site; and
       (4) to assist with the operation and maintenance of the 
     regional heritage center.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Design and Construction.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this Act (including the design and construction of 
     the regional heritage center) $2,000,000.
       (2) Expenditure.--Paragraph (1) authorizes funds to be 
     appropriated on the condition that any expenditure of those 
     funds shall be matched on a dollar-for-dollar basis by funds 
     from non-Federal sources.
       (b) Operation and Maintenance.--There are authorized to be 
     appropriated such sums as are necessary to maintain and 
     operate interpretive exhibits in the regional heritage 
     center.

                          ____________________



    CARTER G. WOODSON HOME NATIONAL HISTORIC SITE STUDY ACT OF 2000

  The Senate proceeded to consider the bill (H.R. 3201) to authorize 
the Secretary of the Interior to study the suitability and feasibility 
of designating the Carter G. Woodson Home in the District of Columbia 
as a National Historic Site, and for other purposes.
  The bill (H.R. 3201) was read the third time and passed.

                          ____________________



                    FORT MATANZAS NATIONAL MONUMENT

  The Senate proceeded to consider the bill (S. 1670) to revise the 
boundary of Fort Matanzas National Monument, and for other purposes.
  The bill (S. 1670) was read the third time and passed, as follows:

                                S. 1670

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

     SECTION 1. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``Map'' means the map entitled ``Fort 
     Matanzas National Monument'', numbered 347/80,004 and dated 
     February, 1991.
       (2) Monument.--The term ``Monument'' means the Fort 
     Matanzas National Monument in Florida.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 2. REVISION OF BOUNDARY.

       (a) In General.--The boundary of the Monument is revised to 
     include an area totaling approximately 70 acres, as generally 
     depicted on the Map.
       (b) Availability of Map.--The Map shall be on file and 
     available for public inspection in the office of the Director 
     of the National Park Service.

     SEC. 3. ACQUISITION OF ADDITIONAL LAND.

       The Secretary may acquire any land, water, or interests in 
     land that are located within the revised boundary of the 
     Monument by--
       (1) donation;
       (2) purchase with donated or appropriated funds;
       (3) transfer from any other Federal agency; or
       (4) exchange.

     SEC. 4. ADMINISTRATION.

       Subject to applicable laws, all land and interests in land 
     held by the United States that are included in the revised 
     boundary under section 2 shall be administered by the 
     Secretary as part of the Monument.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________



                     ``I HAVE A DREAM'' PLAQUE ACT

  The Senate proceeded to consider the bill (H.R. 2879) to provide for 
the placement at the Lincoln Memorial of a plaque commemorating the 
speech of Martin Luther King, Jr., known as the ``I Have a Dream'' 
speech, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert the part printed in italic.

     SECTION 1. PLACEMENT OF PLAQUE AT LINCOLN MEMORIAL.

       (a) Placement of Plaque.--
       (1) In general.--The Secretary of the Interior shall 
     install in the area of the Lincoln Memorial in the District 
     of Columbia a suitable plaque to commemorate the speech of 
     Martin Luther King, Jr., known as the ``I Have A Dream'' 
     speech.
       (2) Relation to commemorative works act.--The Commemorative 
     Works Act (40 U.S.C. 1001 et seq.) shall apply to the design 
     and placement of the plaque within the area of the Lincoln 
     Memorial.
       (b) Acceptance of Contributions.--
       (1) In general.--The Secretary of the Interior is 
     authorized to accept and expand contributions toward the cost 
     of preparing and installing the plaque, without further 
     appropriation. Federal funds may be used to design, procure, 
     or install the plaque.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 2879), as amended, was read the third time and passed.




                          ____________________


[[Page 20952]]

            YUMA CROSSING NATIONAL HERITAGE AREA ACT OF 2000

  The Senate proceeded to consider the bill (H.R. 2833) to establish 
the Yuma Crossing National Heritage Area.
  The bill (H.R. 2833) was read the third time and passed.

                          ____________________



         GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP ACT OF 1999

  The Senate proceeded to consider the bill (S. 134) to direct the 
Secretary of the Interior to study whether the Apostle Islands National 
Lakeshore should be protected as a wilderness area, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment as follows:
  (Omit the part in black brackets)

                                 S. 134

       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 ``Gaylord Nelson Apostle 
     Islands Stewardship Act of 1999''.

     SEC. 2. GAYLORD NELSON APOSTLE ISLANDS.

       (a) Declarations.--Congress declares that--
       (1) the Apostle Islands National Lakeshore is a national 
     and a Wisconsin treasure;
       (2) the State of Wisconsin is particularly indebted to 
     former Senator Gaylord Nelson for his leadership in the 
     creation of the Lakeshore;
       (3) after more than 28 years of enjoyment, some issues 
     critical to maintaining the overall ecological, recreational, 
     and cultural vision of the Lakeshore need additional 
     attention;
       (4) the general management planning process for the 
     Lakeshore has identified a need for a formal wilderness 
     study;
       (5) all land within the Lakeshore that might be suitable 
     for designation as wilderness are zoned and managed to 
     protect wilderness characteristics pending completion of such 
     a study;
       (6) several historic lighthouses within the Lakeshore are 
     in danger of structural damage due to severe erosion;
       (7) the Secretary of the Interior has been unable to take 
     full advantage of cooperative agreements with Federal, State, 
     local, and tribal governmental agencies, institutions of 
     higher education, and other nonprofit organizations that 
     could assist the National Park Service by contributing to the 
     management of the Lakeshore;
       (8) because of competing needs in other units of the 
     National Park System, the standard authorizing and budgetary 
     process has not resulted in updated legislative authority and 
     necessary funding for improvements to the Lakeshore; and
       (9) the need for improvements to the Lakeshore and 
     completion of a wilderness study should be accorded a high 
     priority among National Park Service activities.
       (b) Definitions.--In this section:
       (1) Lakeshore.--The term ``Lakeshore'' means the Apostle 
     Islands National Lakeshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (c) Wilderness Study.--In fulfillment of the 
     responsibilities of the Secretary under the Wilderness Act 
     (16 U.S.C. 1131 et seq.) and of applicable agency policy, the 
     Secretary shall evaluate areas of land within the Lakeshore 
     for inclusion in the National Wilderness System.
       (d) Apostle Islands Lighthouses.--The Secretary shall 
     undertake appropriate action (including protection of the 
     bluff toe beneath the lighthouses, stabilization of the bank 
     face, and dewatering of the area immediately shoreward of the 
     bluffs) to protect the lighthouse structures at Raspberry 
     Lighthouse and Outer Island Lighthouse on the Lakeshore.
       (e) Cooperative Agreements.--Section 6 of Public Law 91-424 
     (16 U.S.C. 460w-5) is amended--
       (1) by striking ``Sec. 6. The lakeshore'' and inserting the 
     following:

     ``SEC. 6. MANAGEMENT.

       ``(a) In General.--The lakeshore''; and
       (2) by adding at the end the following:
       ``(b) Cooperative Agreements.--The Secretary may enter into 
     a cooperative agreement with a Federal, State, tribal, or 
     local government agency or a nonprofit private entity if the 
     Secretary determines that a cooperative agreement would be 
     beneficial in carrying out section 7.''.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $200,000 to carry out subsection (c); and
       (2) $3,900,000 to carry out subsection (d).
       [(g) Funding.--
       [(1) In general.--Of the funds made available under the 
     heading ``clean coal technology'' under the heading 
     ``DEPARTMENT OF ENERGY'' for obligation in prior years, in 
     addition to the funds deferred under the heading ``clean coal 
     technology'' under the heading ``DEPARTMENT OF ENERGY'' under 
     section 101(e) of division A of Public Law 105-277--
       [(A) $5,000,000 shall not be available until October 1, 
     2000; and
       [(B) $5,000,000 shall not be available until October 1, 
     2001.
       [(2) Ongoing projects.--Funds made available in previous 
     appropriations Acts shall be available for any ongoing 
     project regardless of the separate request for proposal under 
     which the project was selected.
       [(3) Transfer of funds.--In addition to any amounts made 
     available under subsection (f), amounts made available under 
     paragraph (1) shall be transferred to the Secretary for use 
     in carrying out subsections (c) and (d).
       [(4) Unexpected balance.--Any balance of funds transferred 
     under paragraph (3) that remain unexpended at the end of 
     fiscal year 1999 shall be returned to the Treasury.]

  The committee amendment was agreed to.
  The bill (S. 134), as amended, was read the third time and passed, as 
follows:

                                 S. 134

       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 ``Gaylord Nelson Apostle 
     Islands Stewardship Act of 2000''.

     SEC. 2. GAYLORD NELSON APOSTLE ISLANDS.

       (a) Declarations.--Congress declares that--
       (1) the Apostle Islands National Lakeshore is a national 
     and a Wisconsin treasure;
       (2) the State of Wisconsin is particularly indebted to 
     former Senator Gaylord Nelson for his leadership in the 
     creation of the Lakeshore;
       (3) after more than 28 years of enjoyment, some issues 
     critical to maintaining the overall ecological, recreational, 
     and cultural vision of the Lakeshore need additional 
     attention;
       (4) the general management planning process for the 
     Lakeshore has identified a need for a formal wilderness 
     study;
       (5) all land within the Lakeshore that might be suitable 
     for designation as wilderness are zoned and managed to 
     protect wilderness characteristics pending completion of such 
     a study;
       (6) several historic lighthouses within the Lakeshore are 
     in danger of structural damage due to severe erosion;
       (7) the Secretary of the Interior has been unable to take 
     full advantage of cooperative agreements with Federal, State, 
     local, and tribal governmental agencies, institutions of 
     higher education, and other nonprofit organizations that 
     could assist the National Park Service by contributing to the 
     management of the Lakeshore;
       (8) because of competing needs in other units of the 
     National Park System, the standard authorizing and budgetary 
     process has not resulted in updated legislative authority and 
     necessary funding for improvements to the Lakeshore; and
       (9) the need for improvements to the Lakeshore and 
     completion of a wilderness study should be accorded a high 
     priority among National Park Service activities.
       (b) Definitions.--In this section:
       (1) Lakeshore.--The term ``Lakeshore'' means the Apostle 
     Islands National Lakeshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (c) Wilderness Study.--In fulfillment of the 
     responsibilities of the Secretary under the Wilderness Act 
     (16 U.S.C. 1131 et seq.) and of applicable agency policy, the 
     Secretary shall evaluate areas of land within the Lakeshore 
     for inclusion in the National Wilderness System.
       (d) Apostle Islands Lighthouses.--The Secretary shall 
     undertake appropriate action (including protection of the 
     bluff toe beneath the lighthouses, stabilization of the bank 
     face, and dewatering of the area immediately shoreward of the 
     bluffs) to protect the lighthouse structures at Raspberry 
     Lighthouse and Outer Island Lighthouse on the Lakeshore.
       (e) Cooperative Agreements.--Section 6 of Public Law 91-424 
     (16 U.S.C. 460w-5) is amended--
       (1) by striking ``Sec. 6. The lakeshore'' and inserting the 
     following:

     ``SEC. 6. MANAGEMENT.

       ``(a) In General.--The lakeshore''; and
       (2) by adding at the end the following:
       ``(b) Cooperative Agreements.--The Secretary may enter into 
     a cooperative agreement with a Federal, State, tribal, or 
     local government agency or a nonprofit private entity if the 
     Secretary determines that a cooperative agreement would be 
     beneficial in carrying out section 7.''.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $200,000 to carry out subsection (c); and
       (2) $3,900,000 to carry out subsection (d).

                          ____________________


[[Page 20953]]

                     CONVEYANCE OF JOE ROWELL PARK

  The Senate proceeded to consider the bill (S. 1972) to direct the 
Secretary of


Agriculture to convey to the town of Dolores, Colorado, the current 
site of Joe Rowell Park, which had been reported from the Committee on 
Energy and Natural Resources, with amendments as follows:

       (Omit the part in black brackets and insert the part 
     printed in italic.)

                                S. 1972

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

     SECTION 1. CONVEYANCE OF JOE ROWELL PARK.

       (a) In General.--The Secretary of Agriculture shall convey 
     to the town of Dolores, Colorado, for no consideration, all 
     right, title, and interest of the United States in and to the 
     parcel of real property described in subsection (b), for open 
     space, park, and recreational purposes.
       (b) Description of Property.--
       (1) In general.--The property referred to in subsection (a) 
     is a parcel of approximately 25 acres of land comprising the 
     site of the Joe Rowell Park (including all improvements on 
     the land and equipment and other items of personal property 
     as agreed to by the Secretary) [in section 16 (Map 1), 
     township 37 north, range 15 west, NMPM, Dolores, Colorado.] 
     depicted on the map entitled ``Joe Rowell Park,'' dated July 
     12, 2000.
       (2) Survey.--
       (A) In general.--The exact acreage and legal description of 
     the property to be conveyed under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary.
       (B) Cost.--As a condition of any conveyance under this 
     section, the town of Dolores shall pay the cost of the 
     survey.
       (c) Possibility of Reverter.--Title to any real property 
     acquired by the town of Dolores, Colorado, under this section 
     shall revert to the United States if the town--
       (1) attempts to convey or otherwise transfer ownership of 
     any portion of the property to any other person;
       (2) attempts to encumber the title of the property; or
       (3) permits the use of any portion of the property for any 
     purpose incompatible with the purpose described in subsection 
     (a) for which the property is conveyed.
       (d) The map referenced in subsection (b)(1) shall be on 
     file for public inspection in the Office of the Chief of the 
     Forest Service at the Department of Agriculture in 
     Washington, DC.
  The committee amendments were agreed to.
  The bill (S. 1972), as amended, was read the third time and passed, 
as follows:

                          ____________________



                  COAL MARKET COMPETITION ACT OF 2000

  The Senate proceeded to consider the bill (S. 2300) to amend the 
Mineral Leasing Act to increase the maximum acreage of Federal leases 
for coal that may be held by an entity in any 1 State.
  The bill (S. 2300) was read the third time and passed, as follows:

                                S. 2300

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

     SECTION 1. TITLE.

       This Act may be cited as the ``Coal Market Competition Act 
     of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Federal land contains commercial deposits of coal, the 
     Nation's largest deposits of coal being located on Federal 
     land in Utah, Colorado, Montana, and the Powder River Basin 
     of Wyoming;
       (2) coal is mined on Federal land through Federal coal 
     leases under the Act of February 25, 1920 (commonly known as 
     the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.);
       (3) the sub-bituminous coal from these mines is low in 
     sulfur, making it the cleanest burning coal for energy 
     production;
       (4) the Mineral Leasing Act sets for each leasable mineral 
     a limitation on the amount of acreage of Federal leases any 1 
     producer may hold in any 1 State or nationally;
       (5)(A) the present acreage limitation for Federal coal 
     leases has been in place since 1976;
       (B) currently the coal lease acreage limit of 46,080 acres 
     per State is less than the per-State Federal lease acreage 
     limit for potash (96,000 acres) and oil and gas (246,080 
     acres);
       (6) coal producers in Wyoming and Utah are operating mines 
     on Federal leaseholds that contain total acreage close to the 
     coal lease acreage ceiling;
       (7) the same reasons that Congress cited in enacting 
     increases for State lease acreage caps applicable in the case 
     of other minerals--the advent of modern mine technology, 
     changes in industry economics, greater global competition, 
     and the need to conserve Federal resources--apply to coal;
       (8) existing coal mines require additional lease acreage to 
     avoid premature closure, but those mines cannot relinquish 
     mined-out areas to lease new acreage because those areas are 
     subject to 10-year reclamation plans, and the reclaimed 
     acreage is counted against the State and national acreage 
     limits;
       (9) to enable them to make long-term business decisions 
     affecting the type and amount of additional infrastructure 
     investments, coal producers need certainty that sufficient 
     acreage of leasable coal will be available for mining in the 
     future; and
       (10) to maintain the vitality of the domestic coal industry 
     and ensure the continued flow of valuable revenues to the 
     Federal and State governments and of energy to the American 
     public from coal production on Federal land, the Mineral 
     Leasing Act should be amended to increase the acreage 
     limitation for Federal coal leases.

     SEC. 3. COAL MINING ON FEDERAL LAND.

       Section 27(a) of the Act of February 25, 1920 (30 U.S.C. 
     184(a)), is amended--
       (1) by striking ``(a)'' and all that follows through ``No 
     person'' and inserting ``(a) Coal Leases.--No person'';
       (2) by striking ``forty-six thousand and eighty acres'' and 
     inserting ``75,000 acres''; and
       (3) by striking ``one hundred thousand acres'' each place 
     it appears and inserting ``150,000 acres''.

                          ____________________



   THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF A HYDROELECTRIC 
                  PROJECT IN THE STATE OF PENNSYLVANIA

  The Senate proceeded to consider the bill (S. 2499) to extend the 
deadline for commencement of construction of a hydroelectric project in 
the State of Pennsylvania.
  The bill (S. 2499) was read the third time and passed, as follows:

                                S. 2499

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

     SECTION 1. EXTENSION OF DEADLINE AND REINSTATEMENT OF 
                   LICENSE.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 7041, the Commission shall, at 
     the request of the licensee for the project, extend the 
     period required for commencement of construction of the 
     project until December 31, 2001.
       (b) Effective Date.--Subsection (a) takes effect on the 
     expiration of the period required for commencement of 
     construction of the project described in subsection (a).
       (c) Reinstatement of Expired License.--If the license for 
     the project described in subsection (a) has expired before 
     the date of enactment of this Act, the Commission shall 
     reinstate the license effective as of the date of its 
     expiration and extend the time required for commencement of 
     construction as provided in subsection (a).

                          ____________________



              SAINT HELENA ISLAND NATIONAL SCENIC AREA ACT

  The Senate proceeded to consider the bill (H.R. 468) to establish the 
Saint Helena Island National Scenic Area which had been reported from 
the Committee on Energy and Natural Resources, with an amendment as 
follows:
  (Omit the part in black brackets and insert the part printed in 
italic)

                                H.R. 468

       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 ``Saint Helena Island National 
     Scenic Area Act''.

     SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC 
                   AREA, MICHIGAN.

       (a) Purpose.--The purposes of this Act are--
       (1) to preserve and protect for present and future 
     generations the outstanding resources and values of Saint 
     Helena Island in Lake Michigan, Michigan; and
       (2) to provide for the conservation, protection, and 
     enhancement of primitive recreation opportunities, fish and 
     wildlife habitat, vegetation, and historical and cultural 
     resources of the island.
       (b) Establishment.--For the purposes described in 
     subsection (a), there shall be established the Saint Helena 
     Island National Scenic Area (in this Act referred to as the 
     ``scenic area'').
       (c) Effective Upon Conveyance.--Subsection (b) shall be 
     effective upon conveyance of satisfactory title to the United 
     States of the whole of Saint Helena Island, except that 
     portion conveyed to the Great Lakes Lighthouse Keepers 
     Association pursuant to section 1001 of the Coast Guard 
     Authorization Act of 1996 (Public Law 104-324; 110 Stat. 
     3948).

     SEC. 3. BOUNDARIES.

       (a) Saint Helena Island.--The scenic area shall comprise 
     all of Saint Helena Island, in Lake Michigan, Michigan, and 
     all associated rocks, pinnacles, islands, and islets within

[[Page 20954]]

     one-eighth mile of the shore of Saint Helena Island.
       (b) Boundaries of Hiawatha National Forest Extended.--Upon 
     establishment of the scenic area, the boundaries of the 
     Hiawatha National Forest shall be extended to include all of 
     the lands within the scenic area. All such extended 
     boundaries shall be deemed boundaries in existence as of 
     January 1, 1965, for the purposes of section 8 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9).
       (c) Payments to Local Governments.--Solely for purposes of 
     payments to local governments pursuant to section 6902 of 
     title 31, United States Code, lands acquired by the United 
     States under this Act shall be treated as entitlement lands.

     SEC. 4. ADMINISTRATION AND MANAGEMENT.

       (a) Administration.--Subject to valid existing rights, the 
     Secretary of Agriculture (in this Act referred to as the 
     ``Secretary'') shall administer the scenic area in accordance 
     with the laws, rules, and regulations applicable to the 
     National Forest System in furtherance of the purposes of this 
     Act.
       (b) Special Management Requirements.--[With-in 3 years of 
     the date of the enactment of this Act, the Secretary shall 
     seek to develop a management plan for the scenic area as an 
     amendment to the land and resources management plan for the 
     Hiawatha National Forest.] Within 3 years of the acquisition 
     of 50 percent of the land authorized for acquisition under 
     section 7, the Secretary shall develop an amendment to the 
     land and resources management plan for the Hiawatha National 
     Forest which will direct management of the scenic area. Such 
     an amendment shall conform to the provisions of this Act. 
     Nothing in this Act shall require the Secretary to revise the 
     land and resource management plan for the Hiawatha National 
     Forest pursuant to section 6 of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). In 
     developing a plan for management of the scenic area, the 
     Secretary shall address the following special management 
     considerations:
       (1) Public access.--Alternative means for providing public 
     access from the mainland to the scenic area shall be 
     considered, including any available existing services and 
     facilities, concessionaires, special use permits, or other 
     means of making public access available for the purposes of 
     this Act.
       (2) Roads.--After the date of the enactment of this Act, no 
     new permanent roads shall be constructed within the scenic 
     area.
       (3) Vegetation management.--No timber harvest shall be 
     allowed within the scenic area, except as may be necessary in 
     the control of fire, insects, and diseases, and to provide 
     for public safety and trail access. Notwithstanding the 
     foregoing, the Secretary may engage in vegetation 
     manipulation practices for maintenance of wildlife habitat 
     and visual quality. Trees cut for these purposes may be 
     utilized, salvaged, or removed from the scenic area as 
     authorized by the Secretary.
       (4) Motorized travel.--Motorized travel shall not be 
     permitted within the scenic area, except on the waters of 
     Lake Michigan, and as necessary for administrative use in 
     furtherance of the purposes of this Act.
       (5) Fire.--Wildfires shall be suppressed in a manner 
     consistent with the purposes of this Act, using such means as 
     the Secretary deems appropriate.
       (6) Insects and disease.--Insect and disease outbreaks may 
     be controlled in the scenic area to maintain scenic quality, 
     prevent tree mortality, or to reduce hazards to visitors.
       (7) Dockage.--The Secretary shall provide through 
     concession, permit, or other means docking facilities 
     consistent with the management plan developed pursuant to 
     this section.
       (8) Safety.--The Secretary shall take reasonable actions to 
     provide for public health and safety and for the protection 
     of the scenic area in the event of fire or infestation of 
     insects or disease.
       (c) Consultation.--In preparing the management plan, the 
     Secretary shall consult with appropriate State and local 
     government officials, provide for full public participation, 
     and consider the views of all interested parties, 
     organizations, and individuals.

     SEC. 5. FISH AND GAME.

       Nothing in this Act shall be construed as affecting the 
     jurisdiction or responsibilities of the State of Michigan 
     with respect to fish and wildlife in the scenic area.

     SEC. 6. MINERALS.

       Subject to valid existing rights, the lands within the 
     scenic area are hereby withdrawn from disposition under all 
     laws pertaining to mineral leasing, including all laws 
     pertaining to geothermal leasing. Also subject to valid 
     existing rights, the Secretary shall not allow any mineral 
     development on federally owned land within the scenic area, 
     except that common varieties of mineral materials, such as 
     stone and gravel, may be utilized only as authorized by the 
     Secretary to the extent necessary for construction and 
     maintenance of roads and facilities within the scenic area.

     SEC. 7. ACQUISITION.

       (a) Acquisition of Lands Within the Scenic Area.--The 
     Secretary shall acquire, by purchase from willing sellers, 
     gift, or exchange, lands, waters, structures, or interests 
     therein, including scenic or other easements, within the 
     boundaries of the scenic area to further the purposes of this 
     Act.
       (b) Acquisition of Other Lands.--The Secretary may acquire, 
     by purchase from willing sellers, gift, or exchange, not more 
     than 10 acres of land, including any improvements thereon, on 
     the mainland to provide access to and administrative 
     facilities for the scenic area.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) Acquisition of Lands.--There are hereby authorized to 
     be appropriated such sums as may be necessary for the 
     acquisition of land, interests in land, or structures within 
     the scenic area and on the mainland as provided in section 7.
       (b) Other Purposes.--In addition to the amounts authorized 
     to be appropriated under subsection (a), there are authorized 
     to be appropriated such sums as may be necessary for the 
     development and implementation of the management plan under 
     section 4(b).
  The committee amendment was agreed to.
  The bill (H.R. 468), as amended, was read the third time and passed.

                          ____________________



           IVANAPAH VALLEY AIRPORT PUBLIC LANDS TRANSFER ACT

  The Senate proceeded to consider the bill (H.R. 1695) to provide for 
the conveyance of certain Federal public lands in the Ivanapah Valley, 
Nevada, to Clark County, Nevada, and for the development of an airport 
facility, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with amendments as follows:
  (Omit the part in black brackets and insert the part printed in 
italic)

                                S. 1695

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ivanpah Valley Airport 
     Public Lands Transfer Act''.

     SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.

       (a) In General.--Notwithstanding the land use planning 
     requirements contained in sections 202 and 203 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 
     1713), but subject to subsection (b) of this section and 
     valid existing rights, the Secretary shall convey to the 
     County all right, title, and interest of the United States in 
     and to the Federal public lands identified for disposition on 
     the map entitled ``Ivanpah Valley, Nevada-Airport 
     Selections'' numbered 01, and dated April 1999, for the 
     purpose of developing an airport facility and related 
     infrastructure. The Secretary shall keep such map on file and 
     available for public inspection in the offices of the 
     Director of the Bureau of Land Management and in the district 
     office of the Bureau located in Las Vegas, Nevada.
       (b) Conditions.--The Secretary shall make no conveyance 
     under subsection (a) until each of the following conditions 
     are fulfilled:
       (1) The County has conducted an airspace [assessment] 
     assessment, using the airspace management plan required by 
     section 4(a), to identify any potential adverse effects on 
     access to the Las Vegas Basin under visual flight rules that 
     would result from the construction and operation of a 
     commercial or primary airport, or both, on the land to be 
     conveyed.
       (2) The Federal Aviation Administration has made a 
     certification under section 4(b).
       (3) The County has entered into an agreement with the 
     Secretary to retain ownership of Jean Airport, located at 
     Jean, Nevada, and to maintain and operate such airport for 
     general aviation purposes.
       (c) Payment.--
       (1) In general.--As consideration for the conveyance of 
     each parcel, the County shall pay to the United States an 
     amount equal to the fair market value of the parcel.
       [(2) Deposit in special account.--The Secretary shall 
     deposit the payments received under paragraph (1) in the 
     special account described in section 4(e)(1)(C) of the 
     Southern Nevada Public Land Management Act of 1998 (112 Stat. 
     2345). The second sentence of section 4(f) of such Act (112 
     Stat. 2346) shall not apply to interest earned on amounts 
     deposited under this paragraph.]
       (2) Deposit in special account.--(A) The Secretary shall 
     deposit the payments received under paragraph (1) into the 
     special account described in section 4(e)(1)(C) of the 
     Southern Nevada Public Land Management Act of 1998 (112 Stat. 
     2345). Such funds may be expended only for the acquisition of 
     private inholdings in the Mojave National Preserve and for 
     the protection and management of the petroglyph resources in 
     Clark County, Nevada. The second sentence of section 4(f) of 
     such Act (112 Stat. 2346) shall not apply to interest earned 
     on amounts deposited under this paragraph.
       (B) The Secretary may not expend funds pursuant to this 
     section until--
       (i) the provisions of section 5 of this Act have been 
     completed; and
       (ii) a final Record of Decision pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
     been issued which permits development of an airport at the 
     Ivanpah site.

[[Page 20955]]

       [(d) Reversion and Reentry.--If, following completion of 
     compliance with section 5 of this Act, the Federal Aviation 
     Administration and the County determine that an airport 
     cannot be constructed on the conveyed lands--]
       (d) Reversion and Reentry.--If, following completion of 
     compliance with section 5 of this Act and in accordance with 
     the findings made by the actions taken in compliance with 
     such section, the Federal Aviation Administration and the 
     County determine that an airport should not be constructed on 
     the conveyed lands--
       (1) the Secretary of the Interior shall immediately refund 
     to the County all payments made to the United States for such 
     lands under subsection (c); and
       (2) upon such payment--
       (A) all right, title, and interest in the lands conveyed to 
     the County under this Act shall revert to the United States; 
     and
       (B) the Secretary may reenter such lands.

     SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.

       The public lands referred to in section 2(a) are withdrawn 
     from mineral entry under the Act of May 10, 1872 (30 U.S.C. 
     22 et seq.; popularly known as the Mining Law of 1872) and 
     the Mineral Leasing Act (30 U.S.C. 181 et seq.).

     SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.

       (a) Development of Airspace Management Plan.--The Secretary 
     of Transportation shall, in consultation with the 
     [Secretary,] Secretary, prior to the conveyance of the land 
     referred to in section 2(a), develop an airspace management 
     plan for the Ivanpah Valley Airport that shall, to the 
     maximum extent practicable and without adversely impacting 
     safety considerations, restrict aircraft arrivals and 
     departures over the Mojave Desert Preserve in California.
       (b) Certification of Assessment.--The Administrator of the 
     Federal Aviation Administration shall certify to the 
     Secretary that the assessment made by the County under 
     section 2(b)(1) is thorough and that alternatives have been 
     developed to address each adverse effect identified in the 
     assessment, including alternatives that ensure access to the 
     Las Vegas Basin under visual flight rules at a level that is 
     equal to or better than existing access.

     SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 
                   1969 REQUIRED.

       Prior to construction of an airport facility on lands 
     conveyed under section 2, all actions required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to initial planning and construction shall 
     be completed by the Secretary of Transportation and the 
     Secretary of the Interior as joint lead agencies. Any actions 
     conducted in accordance with this section shall specifically 
     address any impacts on the purposes for which the Mojave 
     National Preserve was created.

     SEC. 6. DEFINITIONS.

       In this Act--
       (1) the term ``County'' means Clark County, Nevada; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

  The committee amendments were agreed to.
  The bill (H.R. 1695), as amended, was read the third time and passed.

                          ____________________



                       LAKE TAHOE RESTORATION ACT

  The Senate proceeded to consider the bill (S. 1925) to promote 
environmental restoration around Lake Tahoe basin, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lake Tahoe Restoration 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Lake Tahoe, one of the largest, deepest, and clearest 
     lakes in the world, has a cobalt blue color, a unique alpine 
     setting, and remarkable water clarity, and is recognized 
     nationally and worldwide as a natural resource of special 
     significance;
       (2) in addition to being a scenic and ecological treasure, 
     Lake Tahoe is one of the outstanding recreational resources 
     of the United States, offering skiing, water sports, biking, 
     camping, and hiking to millions of visitors each year, and 
     contributing significantly to the economies of California, 
     Nevada, and the United States;
       (3) the economy in the Lake Tahoe basin is dependent on the 
     protection and restoration of the natural beauty and 
     recreation opportunities in the area;
       (4) Lake Tahoe is in the midst of an environmental crisis; 
     the Lake's water clarity has declined from a visibility level 
     of 105 feet in 1967 to only 70 feet in 1999, and scientific 
     estimates indicate that if the water quality at the Lake 
     continues to degrade, Lake Tahoe will lose its famous clarity 
     in only 30 years;
       (5) sediment and algae-nourishing phosphorous and nitrogen 
     continue to flow into the Lake from a variety of sources, 
     including land erosion, fertilizers, air pollution, urban 
     runoff, highway drainage, streamside erosion, land 
     disturbance, and ground water flow;
       (6) methyl tertiary butyl ether--
       (A) has contaminated and closed more than \1/3\ of the 
     wells in South Tahoe; and
       (B) is advancing on the Lake at a rate of approximately 9 
     feet per day;
       (7) destruction of wetlands, wet meadows, and stream zone 
     habitat has compromised the Lake's ability to cleanse itself 
     of pollutants;
       (8) approximately 40 percent of the trees in the Lake Tahoe 
     basin are either dead or dying, and the increased quantity of 
     combustible forest fuels has significantly increased the risk 
     of catastrophic forest fire in the Lake Tahoe basin;
       (9) as the largest land manager in the Lake Tahoe basin, 
     with 77 percent of the land, the Federal Government has a 
     unique responsibility for restoring environmental health to 
     Lake Tahoe;
       (10) the Federal Government has a long history of 
     environmental preservation at Lake Tahoe, including--
       (A) congressional consent to the establishment of the Tahoe 
     Regional Planning Agency in 1969 (Public Law 91-148; 83 Stat. 
     360) and in 1980 (Public Law 96-551; 94 Stat. 3233);
       (B) the establishment of the Lake Tahoe Basin Management 
     Unit in 1973; and
       (C) the enactment of Public Law 96-586 (94 Stat. 3381) in 
     1980 to provide for the acquisition of environmentally 
     sensitive land and erosion control grants;
       (11) the President renewed the Federal Government's 
     commitment to Lake Tahoe in 1997 at the Lake Tahoe 
     Presidential Forum, when he committed to increased Federal 
     resources for environmental restoration at Lake Tahoe and 
     established the Federal Interagency Partnership and Federal 
     Advisory Committee to consult on natural resources issues 
     concerning the Lake Tahoe basin;
       (12) the States of California and Nevada have contributed 
     proportionally to the effort to protect and restore Lake 
     Tahoe, including--
       (A) expenditures--
       (i) exceeding $200,000,000 by the State of California since 
     1980 for land acquisition, erosion control, and other 
     environmental projects in the Lake Tahoe basin; and
       (ii) exceeding $30,000,000 by the State of Nevada since 
     1980 for the purposes described in clause (i); and
       (B) the approval of a bond issue by voters in the State of 
     Nevada authorizing the expenditure by the State of an 
     additional $20,000,000; and
       (13) significant additional investment from Federal, State, 
     local, and private sources is needed to stop the damage to 
     Lake Tahoe and its forests, and restore the Lake Tahoe basin 
     to ecological health.
       (b) Purposes.--The purposes of this Act are--
       (1) to enable the Forest Service to plan and implement 
     significant new environmental restoration activities and 
     forest management activities to address the phenomena 
     described in paragraphs (4) through (8) of subsection (a) in 
     the Lake Tahoe basin;
       (2) to ensure that Federal, State, local, regional, tribal, 
     and private entities continue to work together to improve 
     water quality and manage Federal land in the Lake Tahoe Basin 
     Management Unit; and
       (3) to provide funding to local governments for erosion and 
     sediment control projects on non-Federal land if the projects 
     benefit the Federal land.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Environmental threshold carrying capacity.--The term 
     ``environmental threshold carrying capacity'' has the meaning 
     given the term in article II of the Tahoe Regional Planning 
     Compact set forth in the first section of Public Law 96-551 
     (94 Stat. 3235).
       (2) Fire risk reduction activity.--
       (A) In general.--The term ``fire risk reduction activity'' 
     means an activity that is necessary to reduce the risk of 
     wildlife to promote forest management and simultaneously 
     achieve and maintain the environmental threshold carrying 
     capacities established by the Planning Agency in a manner 
     consistent, where applicable, with chapter 71 of the Tahoe 
     Regional Planning Agency Code of Ordinances.
       (B) Included activities.--The term ``fire risk reduction 
     activity'' includes--
       (i) prescribed burning;
       (ii) mechanical treatment;
       (iii) road obliteration or reconstruction; and
       (iv) such other activities consistent with Forest Service 
     practices as the Secretary determines to be appropriate.
       (3) Planning agency.--The term ``Planning Agency'' means 
     the Tahoe Regional Planning Agency established under Public 
     Law 91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 
     3233).
       (4) Priority list.--The term ``priority list'' means the 
     environmental restoration priority list developed under 
     section 6.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 
                   UNIT.

       (a) In General.--The Lake Tahoe Basin Management Unit shall 
     be administered by the Secretary in accordance with this Act 
     and the laws applicable to the National Forest System.
       (b) Relationship to Other Authority.--
       (1) Private or non-federal land.--Nothing in this Act 
     grants regulatory authority to the Secretary over private or 
     other non-Federal land.

[[Page 20956]]

       (2) Planning agency.--Nothing in this Act affects or 
     increases the authority of the Planning Agency.
       (3) Acquisition under other law.--Nothing in this Act 
     affects the authority of the Secretary to acquire land from 
     willing sellers in the Lake Tahoe basin under any other law.

     SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.

       (a) In General.--With respect to the duties described in 
     subsection (b), the Secretary shall consult with and seek the 
     advice and recommendations of--
       (1) the Planning Agency;
       (2) the Tahoe Federal Interagency Partnership established 
     by Executive Order No. 13057 (62 Fed. Reg. 41249) or a 
     successor Executive order;
       (3) the Lake Tahoe Basin Federal Advisory Committee 
     established by the Secretary on December 15, 1998 (64 Fed. 
     Reg. 2876) (until the committee is terminated);
       (4) Federal representatives and all political subdivisions 
     of the Lake Tahoe Basin Management Unit; and
       (5) the Lake Tahoe Transportation and Water Quality 
     Coalition.
       (b) Duties.--The Secretary shall consult with and seek 
     advice and recommendations from the entities described in 
     subsection (a) with respect to--
       (1) the administration of the Lake Tahoe Basin Management 
     Unit;
       (2) the development of the priority list;
       (3) the promotion of consistent policies and strategies to 
     address the Lake Tahoe basin's environmental and recreational 
     concerns;
       (4) the coordination of the various programs, projects, and 
     activities relating to the environment and recreation in the 
     Lake Tahoe basin to avoid unnecessary duplication and 
     inefficiencies of Federal, State, local, tribal, and private 
     efforts; and
       (5) the coordination of scientific resources and data, for 
     the purpose of obtaining the best available science as a 
     basis for decisionmaking on an ongoing basis.

     SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a priority 
     list of potential or proposed environmental restoration 
     projects for the Lake Tahoe Basin Management Unit.
       (b) Development of Priority List.--In developing the 
     priority list, the Secretary shall--
       (1) use the best available science, including any relevant 
     findings and recommendations of the watershed assessment 
     conducted by the Forest Service in the Lake Tahoe basin; and
       (2) include, in order of priority, potential or proposed 
     environmental restoration projects in the Lake Tahoe basin 
     that--
       (A) are included in or are consistent with the 
     environmental improvement program adopted by the Planning 
     Agency in February 1998 and amendments to the program;
       (B) would help to achieve and maintain the environmental 
     threshold carrying capacities for--
       (i) air quality;
       (ii) fisheries;
       (iii) noise;
       (iv) recreation;
       (v) scenic resources;
       (vi) soil conservation;
       (vii) forest health;
       (viii) water quality; and
       (ix) wildlife;
       (3) in determining the order of priority of potential and 
     proposed environmental restoration projects under paragraph 
     (2), the focus shall address projects (listed in no 
     particular order) involving--
       (A) erosion and sediment control, including the activities 
     described in section 2(g) of Public Law 96-586 (94 Stat. 
     3381) (as amended by section 7 of this Act);
       (B) the acquisition of environmentally sensitive land from 
     willing sellers under Public Law 96-586 (94 Stat. 3381) or 
     land acquisition under any other Federal law;
       (C) fire risk reduction activities in urban areas and 
     urban-wildland interface areas, including high recreational 
     use areas and urban lots acquired from willing sellers under 
     Public Law 96-586 (94 Stat. 3381);
       (D) cleaning up methyl tertiary butyl ether contamination; 
     and
       (E) the management of vehicular parking and traffic in the 
     Lake Tahoe Basin Management Unit, especially--
       (i) improvement of public access to the Lake Tahoe basin, 
     including the promotion of alternatives to the private 
     automobile;
       (ii) the Highway 28 and 89 corridors and parking problems 
     in the area; and
       (iii) cooperation with local public transportation systems, 
     including--

       (I) the Coordinated Transit System; and
       (II) public transit systems on the north shore of Lake 
     Tahoe.

       (c) Monitoring.--The Secretary shall provide for continuous 
     scientific research on and monitoring of the implementation 
     of projects on the priority list, including the status of the 
     achievement and maintenance of environmental threshold 
     carrying capacities.
       (d) Consistency With Memorandum of Understanding.--A 
     project on the priority list shall be conducted in accordance 
     with the memorandum of understanding signed by the Forest 
     Supervisor and the Planning Agency on November 10, 1989, 
     including any amendments to the memorandum as long as the 
     memorandum remains in effect.
       (e) Review of Priority List.--Periodically, but not less 
     often than every 3 years, the Secretary shall--
       (1) review the priority list;
       (2) consult with--
       (A) the Tahoe Regional Planning Agency;
       (B) interested political subdivisions; and
       (C) the Lake Tahoe Water Quality and Transportation 
     Coalition; and
       (3) make any necessary changes with respect to--
       (A) the findings of scientific research and monitoring in 
     the Lake Tahoe basin;
       (B) any change in an environmental threshold as determined 
     by the Planning Agency;
       (C) any change in general environmental conditions in the 
     Lake Tahoe basin; and
       (D) submit to Congress a report on any changes made.
       (f) Cleanup of Hydrocarbon Contamination.--
       (1) In general.--The Secretary shall, subject to the 
     availability of appropriations, make a payment of $1,000,000 
     to the Tahoe Regional Planning Agency and the South Tahoe 
     Public Utility District to develop and publish a plan, not 
     later than 1 year after the date of enactment of this Act, 
     for the prevention and cleanup of hydrocarbon contamination 
     (including contamination with MTBE) of the surface water and 
     ground water of the Lake Tahoe basin.
       (2) Consultation.--In developing the plan, the Tahoe 
     Regional Planning Agency and the South Tahoe Public Utility 
     District shall consult with the States of California and 
     Nevada and appropriate political subdivisions.
       (3) Willing sellers.--The plan shall not include any 
     acquisition of land or an interest in land except an 
     acquisition from a willing seller.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated, for the implementation of projects on the 
     priority list and the payment identified in subsection (f), 
     $20,000,000 for the first fiscal year that begins after the 
     date of enactment of this Act and for each of the 9 fiscal 
     years thereafter.

     SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.

       Section 2 of Public Law 96-586 (94 Stat. 3381) is amended 
     by striking subsection (g) and inserting the following:
       ``(g) Payments to Localities.--
       ``(1) In general.--The Secretary of Agriculture shall, 
     subject to the availability of appropriations, make annual 
     payments to the governing bodies of each of the political 
     subdivisions (including any public utility the service area 
     of which includes any part of the Lake Tahoe basin), any 
     portion of which is located in the area depicted on the final 
     map filed under section 3(a).
       ``(2) Use of payments.--Payments under this subsection may 
     be used--
       ``(A) first, for erosion control and water quality 
     projects; and
       ``(B) second, unless emergency projects arise, for projects 
     to address other threshold categories after thresholds for 
     water quality and soil conservation have been achieved and 
     maintained.
       ``(3) Eligibility for payments.--
       ``(A) In general.--To be eligible for a payment under this 
     subsection, a political subdivision shall annually submit a 
     priority list of proposed projects to the Secretary of 
     Agriculture.
       ``(B) Components of list.--A priority list under 
     subparagraph (A) shall include, for each proposed project 
     listed--
       ``(i) a description of the need for the project;
       ``(ii) all projected costs and benefits; and
       ``(iii) a detailed budget.
       ``(C) Use of payments.--A payment under this subsection 
     shall be used only to carry out a project or proposed project 
     that is part of the environmental improvement program adopted 
     by the Tahoe Regional Planning Agency in February 1998 and 
     amendments to the program.
       ``(D) Federal obligation.--All projects funded under this 
     subsection shall be part of Federal obligation under the 
     enviromental improvment program.
       ``(4) Division of funds.--
       ``(A) In general.--The total amounts appropriated for 
     payments under this subsection shall be allocated by the 
     Secretary of Agriculture based on the relative need for and 
     merits of projects proposed for payment under this section.
       ``(B) Minimum.--To the maximum extent practicable, for each 
     fiscal year, the Secretary of Agriculture shall ensure that 
     each political subdivision in the Lake Tahoe basin receives 
     amounts appropriated for payments under this subsection.
       ``(5) Authorization of appropriations.--In addition to the 
     amounts authorized to be appropriated to carry out section 6 
     of the Lake Tahoe Restoration Act, there is authorized to be 
     appropriated for making payments under this subsection 
     $10,000,000 for the first fiscal year that begins after the 
     date of enactment of this paragraph and for each of the 9 
     fiscal years thereafter.''.

     SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

       (a) In General.--In conducting fire risk reduction 
     activities in the Lake Tahoe basin, the Secretary shall, as 
     appropriate, coordinate with State and local agencies and 
     organizations, including local fire departments and volunteer 
     groups.
       (b) Ground Disturbance.--The Secretary shall, to the 
     maximum extent practicable, minimize any ground disturbances 
     caused by fire risk reduction activities.

     SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

       (a) In General.--Funds authorized under this Act and the 
     amendment made by this Act--

[[Page 20957]]

       (1) shall be in addition to any other amounts available to 
     the Secretary for expenditure in the Lake Tahoe basin; and
       (2) shall not reduce allocations for other Regions of the 
     Forest Service.
       (b) Matching Requirement.--Except as provided in subsection 
     (c), funds for activities under section 6 and section 7 of 
     this Act shall be available for obligation on a 1-to-1 basis 
     with funding of restoration activities in the Lake Tahoe 
     basin by the States of California and Nevada.
       (c) Relocation Costs.--The Secretary shall provide \2/3\ of 
     necessary funding to local utility districts for the costs of 
     relocating facilities in connection with environmental 
     restoration projects under section 6 and erosion control 
     projects under section 2 of Public Law 96-586.

     SEC. 10. AMENDMENT OF PUBLIC LAW 96-586.

       Section 3(a) of Public Law 96-586 (94 Stat. 3383) is 
     amended by adding at the end the following:
       ``(5) Willing sellers.--Land within the Lake Tahoe Basin 
     Management Unit subject to acquisition under this section 
     that is owned by a private person shall be acquired only from 
     a willing seller.''.

     SEC. 11. RELATIONSHIP TO OTHER LAWS.

       Nothing in this Act exempts the Secretary from the duty to 
     comply with any applicable Federal law.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1925), as amended, was read the third time and passed.

                          ____________________



             CONVEYANCE OF CERTAIN LAND IN POWELL, WYOMING

  The Senate proceeded to consider the bill (S. 2069) to permit the 
conveyance of certain land in Powell, Wyoming, which had been reported 
from the Committee on Energy and Natural Resources.
  The bill (S. 2069) was read the third time and passed, as follows:

                                S. 2069

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

     SECTION 1. ELIMINATION OF PUBLIC PURPOSE CONDITION.

       (a) Findings.--Congress finds that--
       (1) the parcel of land described in subsection (c) was 
     patented to the town (now City) of Powell, Wyoming, by the 
     United States General Land Office on October 17, 1934, to 
     help establish a town near the Shoshone Irrigation Project;
       (2) the land was patented with the condition that it be 
     used forever for a public purpose, as required by section 3 
     of the Act of April 16, 1906 (43 U.S.C. 566);
       (3) the land has been used to house the Powell Volunteer 
     Fire Department, which serves the firefighting and rescue 
     needs of a 577 square mile area in northwestern Wyoming;
       (4) the land is located at the corner of U.S. Highway 14 
     and the main street of the business district of the City;
       (5) because of the high traffic flow in the area, the 
     location is no longer safe for the public or for the fire 
     department;
       (6) in response to population growth in the area and to 
     National Fire Protection Association regulations, the fire 
     department has purchased new firefighting equipment that is 
     much larger than the existing fire hall can accommodate;
       (7) accordingly, the fire department must construct a new 
     fire department facility at a new and safe location;
       (8) in order to relocate and construct a new facility, the 
     City must sell the land to assist in financing the new fire 
     department facility; and
       (9) the Secretary of the Interior concurs that it is in the 
     public interest to eliminate the public purpose condition to 
     enable the land to be sold for that purpose.
       (b) Elimination of Condition.--
       (1) Waiver.--The condition stated in section 3 of the Act 
     of April 16, 1906 (43 U.S.C. 566), that land conveyed under 
     that Act be used forever for a public purpose is waived 
     insofar as the condition applies to the land described in 
     subsection (c).
       (2) Instruments.--The Secretary of the Interior shall 
     execute and cause to be recorded in the appropriate land 
     records any instruments necessary to evidence the waiver made 
     by paragraph (1).
       (c) Land Description.--The parcel of land described in this 
     subsection is a parcel of land located in Powell, Park 
     County, Wyoming, the legal description of which is as 
     follows:
       Lot 23, Block 54, in the original town of Powell, according 
     to the plat recorded in Book 82 of plats, Page 252, according 
     to the records of the County Clerk and Recorder of Park 
     County, State of Wyoming.

                          ____________________



    GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT OF 2000

  The Senate proceeded to consider the bill (H.R. 3632) to revise the 
boundaries of the Golden Gate National Recreation Area, and for other 
purposes.
  The bill (H.R. 3632) was read the third time and passed.

                          ____________________



    BLACK HILLS NATIONAL FOREST AND ROCKY MOUNTAIN RESEARCH STATION 
                            IMPROVEMENT ACT

  The Senate proceeded to consider the bill (H.R. 4226) to authorize 
the Secretary of Agriculture to sell or exchange all or part of certain 
administrative sites and other land in the Black Hills National Forest 
and to to use funds derived from the sale or exchange to acquire 
replacement sites and to acquire or construct administrative 
improvements in connection with the Black Hills National Forest.
  The bill (H.R. 4226) was read the third time and passed.

                          ____________________



         NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000

  The Senate proceeded to consider the bill (H.R. 4613) to amend the 
National Historic Preservation Act for purposes of establishing a 
national lighthouse preservation program.
  The bill (H.R. 4613) was read the third time and passed.

                          ____________________



             EFFIGY MOUNDS NATIONAL MONUMENT ADDITIONS ACT

  The Senate proceeded to consider the bill (H.R. 3745) to authorize 
the addition of certain parcels to the Effigy Mounds National Monument, 
Iowa.
  The bill (H.R. 3745) was read the third time and passed.

                          ____________________



 EXTENSION OF THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF CERTAIN 
          HYDROELECTRIC PROJECTS IN THE STATE OF WEST VIRGINIA

  The Senate proceeded to consider the bill (S. 2942) to extend the 
deadline for commencement of construction of certain hydroelectric 
projects in the State of West Virginia.
  The bill (S. 2942) was read the third time and passed, as follows:

                                S. 2942

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

     SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY 
                   COMMISSION PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission projects numbered 6901, 6902, and 7307, the 
     Commission may, at the request of the licensee for each 
     project, respectively, and after reasonable notice, in 
     accordance with the good faith, due diligence, and public 
     interest requirements of that section and the Commission's 
     procedures under that section, extend the time period during 
     which the licensee is required to commence the construction 
     of the project for 3 consecutive 2-year periods.
       (b) Effective Date.--Subsection (a) takes effect on the 
     date of the expiration of the extension issued by the 
     Commission before the date of the enactment of this Act under 
     section 13 of the Federal Power Act (16 U.S.C. 806).
       (c) Reinstatement of Expired License.--If the period 
     required for commencement of construction of any of the 
     projects described in subsection (a) expired before the date 
     of the enactment of this Act--
       (1) the Commission shall reinstate the license effective as 
     of the date of its expiration; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on the expiration date.

                          ____________________



LAND EXCHANGE BETWEEN THE SECRETARY OF THE INTERIOR AND THE DIRECTOR OF 
     CENTRAL INTELLIGENCE AT THE GEORGE WASHINGTON MEMORIAL PARKWAY

  The Senate proceeded to consider the bill (S. 3000) to authorize the 
exchange of land between the Secretary of the Interior and the Director 
of Central Intelligence at the George Washington Memorial Parkway in 
McLean, Virginia, and for other purposes, which had been reported from 
the Committee on Energy and Natural Resources, with

[[Page 20958]]

an amendment to strike out all after the enacting clause and insert the 
part printed in italic.

     SECTION 1. AUTHORIZATION OF LAND EXCHANGE.

       (a) In General.--Subject to section 2, the Secretary of the 
     Interior (referred to in this Act as the ``Secretary'') and 
     the Director of Central Intelligence (referred to in this Act 
     as the ``Director'') may exchange--
       (1) approximately 1.74 acres of land under the jurisdiction 
     of the Department of the Interior within the boundary of the 
     George Washington Memorial Parkway, as depicted on National 
     Park Service Drawing No. 850/81992, dated August 6, 1998; for
       (2) approximately 2.92 acres of land under the jurisdiction 
     of the Central Intelligence Agency adjacent to the boundary 
     of the George Washington Memorial Parkway, as depicted on 
     National Park Service Drawing No. 850/81991, sheet 1, dated 
     August 6, 1998.
       (b) Public Inspection.--The drawings referred to in 
     subsection (a) shall be available for public inspection in 
     the appropriate offices of the National Park Service.

     SEC. 2. CONDITIONS OF LANDS EXCHANGE

       (a) No Reimbursement or Consideration.--The exchange 
     described in section 1 shall occur without reimbursement or 
     consideration.
       (b) Public Access for Motor Vehicle Turn-Around.--The 
     Director shall allow public access to the land described in 
     section 1(a)(1) for a motor vehicle turn-around on the George 
     Washington Memorial Parkway.
       (c) Turner-Fairbank Highway Research Center.--The Director 
     shall allow access to the land described in section 19(a)(1) 
     by--
       (1) employees of the Federal Highway Administration; and
       (2) other Federal employees and visitors whose admission to 
     the Turner-Fairbanks Highway Research Center of the Federal 
     Highway Administration (hereinafter referred to in this Act 
     as the ``Center'') is authorized by the Center.
       (d) Closure to Protect Central Intelligence Agency.--
       (1) In General.--Subject to paragraphs (2) and (3) and 
     notwithstanding any other provision of this section, the 
     Director may close access to the land described in section 
     1(a)(1) to all persons (other than the United States Park 
     Police, other necessary employees of the National Park 
     Service, and employees of the Federal Highway Administration) 
     if the Director determines that physical security conditions 
     require the closure to protect employees or property of the 
     Central Intelligence Agency.
       (2) Time limitation.--The Director may not close access to 
     the land under paragraph (1) for more than 12 hours during 
     any 24-hour period unless the Director consults with the 
     National Park Service, the Center, and the United States Park 
     Police.
       (3) Turner-fairbank highway research center.--No action 
     shall be taken under this subsection to diminish access to 
     the land described in section 1(a)(1) by employees of the 
     Federal Highway Administration except when the action is 
     taken for security reasons.
       (e) Deed Restrictions.--The Director shall ensure 
     compliance by the Central Intelligence Agency with the deed 
     restrictions that apply to the land described in section 
     1(a)(1).
       (f) Interagency Agreement.--The Secretary and the Director 
     shall comply with the terms and conditions of the Interagency 
     Agreement between the National Park Service and the Central 
     Intelligence Agency, signed in 1998, regarding the exchange 
     and management of the land subject to the Agreement.
       (g) Deadline.--The Secretary and the Director shall 
     complete the exchange authorized by this section not later 
     than 120 days after the date of enactment of this Act.

     SEC. 3. MANAGEMENT OF EXCHANGED LANDS.

       (a) Land Conveyed to Secretary.--Any land described in 
     section 1(a)(2) that is conveyed to the Secretary shall be--
       (1) included within the boundary of the George Washington 
     Memorial Parkway; and
       (2) administered by the National Park Service as part of 
     the Parkway, subject to the laws (including regulations) 
     applicable to the Parkway.
       (b) Land Conveyed to Director.--Any land described in 
     section 1(a)(1) that is conveyed to the Director shall be 
     administered as part of the Headquarters Building Compound of 
     the Central Intelligence Agency.''.

                          ____________________



                   CALIFORNIA TRAIL INTERPRETIVE ACT

  The Senate proceeded to consider the bill (S. 2749) to Establish the 
California Trail Interpretive Center in Elko, Nevada, to facilitate the 
interpretation of the history of development and use of trails in the 
setting of the western portion of the United States.
  The bill (S. 2749) was read the third time and passed, as follows:

                                S. 2749

       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 ``California Trail 
     Interpretive Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the nineteenth century westward movement in the United 
     States over the California National Historic Trail, which 
     occurred from 1840 until the completion of the 
     transcontinental railroad in 1869, was an important cultural 
     and historical event in--
       (A) the development of the western land of the United 
     States; and
       (B) the prevention of colonization of the west coast by 
     Russia and the British Empire;
       (2) the movement over the California Trail was completed by 
     over 300,000 settlers, many of whom left records or stories 
     of their journeys; and
       (3) additional recognition and interpretation of the 
     movement over the California Trail is appropriate in light 
     of--
       (A) the national scope of nineteenth century westward 
     movement in the United States; and
       (B) the strong interest expressed by people of the United 
     States in understanding their history and heritage.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the California Trail, including the 
     Hastings Cutoff and the trail of the ill-fated Donner-Reed 
     Party, for its national, historical, and cultural 
     significance; and
       (2) to provide the public with an interpretive facility 
     devoted to the vital role of trails in the West in the 
     development of the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) California trail.--The term ``California Trail'' means 
     the California National Historic Trail, established under 
     section 5(a)(18) of the National Trails System Act (16 U.S.C. 
     1244(a)(18)).
       (2) Center.--The term ``Center'' means the California Trail 
     Interpretive Center established under section 4(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (4) State.--The term ``State'' means the State of Nevada.

     SEC. 4. CALIFORNIA TRAIL INTERPRETIVE CENTER.

       (a) Establishment.--
       (1) In general.--In furtherance of the purposes of section 
     7(c) of the National Trails System Act (16 U.S.C. 1246(c)), 
     the Secretary may establish an interpretation center to be 
     known as the ``California Trail Interpretive Center'', near 
     the city of Elko, Nevada.
       (2) Purpose.--The Center shall be established for the 
     purpose of interpreting the history of development and use of 
     the California Trail in the settling of the West.
       (b) Master Plan Study.--To carry out subsection (a), the 
     Secretary shall--
       (1) consider the findings of the master plan study for the 
     California Trail Interpretive Center in Elko, Nevada, as 
     authorized by page 15 of Senate Report 106-99; and
       (2) initiate a plan for the development of the Center that 
     includes--
       (A) a detailed description of the design of the Center;
       (B) a description of the site on which the Center is to be 
     located;
       (C) a description of the method and estimated cost of 
     acquisition of the site on which the Center is to be located;
       (D) the estimated cost of construction of the Center;
       (E) the cost of operation and maintenance of the Center; 
     and
       (F) a description of the manner and extent to which non-
     Federal entities shall participate in the acquisition and 
     construction of the Center.
       (c) Implementation.--To carry out subsection (a), the 
     Secretary may--
       (1) acquire land and interests in land for the construction 
     of the Center by--
       (A) donation;
       (B) purchase with donated or appropriated funds; or
       (C) exchange;
       (2) provide for local review of and input concerning the 
     development and operation of the Center by the Advisory Board 
     for the National Historic California Emigrant Trails 
     Interpretive Center of the city of Elko, Nevada;
       (3) periodically prepare a budget and funding request that 
     allows a Federal agency to carry out the maintenance and 
     operation of the Center;
       (4) enter into a cooperative agreement with--
       (A) the State, to provide assistance in--
       (i) removal of snow from roads;
       (ii) rescue, firefighting, and law enforcement services; 
     and
       (iii) coordination of activities of nearby law enforcement 
     and firefighting departments or agencies; and
       (B) a Federal, State, or local agency to develop or operate 
     facilities and services to carry out this Act; and
       (5) notwithstanding any other provision of law, accept 
     donations of funds, property, or services from an individual, 
     foundation, corporation, or public entity to provide a 
     service or facility that is consistent with this Act, as 
     determined by the Secretary, including 1-time contributions 
     for the Center (to be payable during construction funding 
     periods for the Center after the date of enactment of this 
     Act) from--
       (A) the State, in the amount of $3,000,000;
       (B) Elko County, Nevada, in the amount of $1,000,000; and


       (C) the city of Elko, Nevada, in the amount of $2,000,000.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $12,000,000.

                          ____________________


[[Page 20959]]

                    VIRGINIA WILDERNESS ACT OF 2000

  The Senate proceeded to consider the bill (S. 2865) to designate 
certain land of the National Forest System located in the State of 
Virginia as wilderness.
  The bill (S. 2865) was read the third time and passed, as follows:

                                S. 2865

       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 ``Virginia Wilderness Act of 
     2000''.

     SEC. 2. DESIGNATION OF WILDERNESS AREAS.

       Section 1 of the Act entitled ``An Act to designate certain 
     National Forest System lands in the States of Virginia and 
     West Virginia as wilderness areas'' (Public Law 100-326; 102 
     Stat. 584) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(7) certain land in the George Washington National 
     Forest, comprising approximately 6,500 acres, as generally 
     depicted on a map entitled `The Priest Wilderness Study 
     Area', dated June 6, 2000, to be known as the `Priest 
     Wilderness Area'; and
       ``(8) certain land in the George Washington National 
     Forest, comprising approximately 4,800 acres, as generally 
     depicted on a map entitled `The Three Ridges Wilderness Study 
     Area', dated June 6, 2000, to be known as the `Three Ridges 
     Wilderness Area.''.

                          ____________________



             TEXAS NATIONAL FORESTS IMPROVEMENT ACT OF 1999

  The Senate proceeded to consider the bill (H.R. 4285) to authorize 
the Secretary of Agriculture to convey certain administrative sites for 
National Forest System Lands in the State of Texas, to convey certain 
National Forest System land to the New Waverly Gulf Coast Trades 
Center, and for other purposes.
  The bill (H.R. 4285) was read the third time and passed.

                          ____________________



 TRANSFER AND OTHER DISPOSITION OF CERTAIN LANDS AT MELROSE AIR FORCE 
       RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON

  The Senate proceeded to consider the bill (S. 2757) to provide for 
the transfer and other disposition of certain lands at Melrose Air 
Force Range, New Mexico, and Yakima Training Center, Washington, which 
had been reported from the Committee on Energy and Natural Resources, 
with amendments as follows:
  (Omit the parts in black brackets and insert the part printed in 
italic)

                                S. 2757

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

     SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE 
                   RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, 
                   WASHINGTON.

       (a) Melrose Air Force Range, New Mexico.--
       (1) Transfer.--Administrative jurisdiction over the surface 
     estate of the following lands is hereby transferred from the 
     Secretary of the Interior to the Secretary of the Air Force:


                 New Mexico [prime] principal Meridian

       T. 1 N., R. 30 E.
       Sec. 2: S\1/2\.
       Sec. 11: All.
       Sec. 20: S\1/2\SE\1/4\.
       Sec. 28: All.
       T. 1 S., R. 30 E.
       Sec. 2: Lots 1-12, S\1/2\.
       Sec. 3: Lots 1-12, S\1/2\.
       Sec. 4: Lots 1-12, S\1/2\.
       Sec. 6: Lots 1 and 2.
       Sec. 9: N\1/2\, N\1/2\S\1/2\.
       Sec. 10: N\1/2\, N\1/2\S\1/2\.
       Sec. 11: N\1/2\, N\1/2\S\1/2\.
       T. 2 N., R. 30 E.
       Sec. 20: E\1/2\SE\1/4\.
       Sec. 21: SW\1/4\, W\1/2\SE\1/4\.
       Sec. 28: W\1/2\E\1/2\, W\1/2\.
       Sec. 29: E\1/2\E\1/2\.
       Sec. 32: E\1/2\E\1/2\.
       Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/4\.
       Aggregating 6,713.90 acres, more or less.
       (2) Status of surface estate.--Upon transfer of the surface 
     estate of the lands described in paragraph (1), the surface 
     estate shall be treated as real property subject to the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 471 et seq.).
       (3) Withdrawal of mineral estate.--Subject to valid 
     existing rights, the mineral estate of the lands described in 
     paragraph (1) is withdrawn from all forms of appropriation 
     under the public land laws, including the mining laws and the 
     mineral and geothermal leasing laws, but not the Act of July 
     31, 1947 (commonly known as the Materials Act of 1947; 30 
     U.S.C. 601 et seq.).
       (4) Use of mineral materials.--Notwithstanding any other 
     provision of this subsection or the Act of July 31, 1947, the 
     Secretary of the Air Force may use, without application to 
     the Secretary of the Interior, the sand, gravel, or similar 
     mineral material resources on the lands described in 
     paragraph (1), of the type subject to disposition under the 
     Act of July 31, 1947, when the use of such resources is 
     required for construction needs on Melrose Air Force Range, 
     New Mexico.
       (b) Yakima Training Center, Washington.--
       (1) Transfer.--Administrative jurisdiction over the surface 
     estate of the following lands is hereby transferred from the 
     Secretary of the Interior to the Secretary of the Army:


                          Willamette Meridian

       T. 17 N., R. 20 E.
       Sec. 22: S\1/2\.
       Sec. 24: S\1/2\SW\1/4\ and that portion of the E\1/2\ lying 
     south of the Interstate Highway 90 right-of-way.
       Sec. 26: All.
       T. 16 N., R. 21 E.
       Sec. 4: SW\1/4\SW\1/4\.
       Sec. 12: [SW\1/4\.] SE\1/4\.
       Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/2\.
       T. 17 N., R. 21 E.
       Sec. 30: Lots 3 and 4.
       Sec. 32: NE\1/4\SE\1/4\.
       T. 16 N., R. 22 E.
       Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\.
       Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\.
       Sec. 10: All.
       Sec. 14: All.
       Sec. 20: SE\1/4\SW\1/4\.
       Sec. 22: All.
       Sec. 26: N\1/2\.
       Sec. 28: N\1/2\.
       T. 16 N., R. 23 E.
       Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/2\SE\1/4\, and 
     that portion of the E\1/2\SE\1/4\ lying westerly of the 
     westerly right-of-way line of Huntzinger Road.
       Sec. 20: That portion of the SW\1/4\ lying westerly of the 
     easterly right-of-way line of the railroad.
       Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/2\NW\1/4\.
       Aggregating 6,640.02 acres.
       (2) Status of surface estate.--Upon transfer of the surface 
     estate of the lands described in paragraph (1), the surface 
     estate shall be treated as real property subject to the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C 471 et seq.).
       (3) Withdrawal of mineral estate.--Subject to valid 
     existing rights, the mineral estate of the lands described in 
     paragraph (1) and of the following lands are withdrawn from 
     all forms of appropriation under the public land laws, 
     including the mining laws and the geothermal leasing laws, 
     but not the Act of July 31, 1947 (commonly known as the 
     Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.):


                          Willamette Meridian

       T. 16 N., R. 20 E.
       Sec. 12: All.
       Sec. 18: Lot 4 and SE\1/4\.
       Sec. 20: S\1/2\.
       T. 16 N., R. 21 E.
       Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\.
       Sec. 8: All.
       T. 16 N., R. 22 E.
       Sec. 12: All.
       T. 17 N., R. 21 E.
       Sec. 32: S\1/2\SE\1/4\.
       Sec. 34: W\1/2\.
       Aggregating 3,090.80 acres.
       (4) Use of mineral materials.--Notwithstanding any other 
     provision of this subsection or the Act of July 31, 1947, the 
     Secretary of the Army may use, without application to the 
     Secretary of the Interior, the sand, gravel, or similar 
     mineral material resources on the lands described in 
     paragraphs (1) and (3), of the type subject to disposition 
     under the Act of July 31, 1947, when the use of such 
     resources is required for construction needs on the Yakima 
     Training Center, Washington.
  The committee amendments were agreed to.
  The bill (S. 2757), as amended, was read the third time and passed, 
as follows:

                                S. 2757

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

     SECTION 1. LAND TRANSFER AND WITHDRAWAL, MELROSE AIR FORCE 
                   RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, 
                   WASHINGTON.

       (a) Melrose Air Force Range, New Mexico.--
       (1) Transfer.--Administrative jurisdiction over the surface 
     estate of the following lands is hereby transferred from the 
     Secretary of the Interior to the Secretary of the Air Force:

[[Page 20960]]




                     New Mexico Principal Meridian

       T. 1 N., R. 30 E.
       Sec. 2: S\1/2\.
       Sec. 11: All.
       Sec. 20: S\1/2\SE\1/4\.
       Sec. 28: All.
       T. 1 S., R. 30 E.
       Sec. 2: Lots 1-12, S\1/2\.
       Sec. 3: Lots 1-12, S\1/2\.
       Sec. 4: Lots 1-12, S\1/2\.
       Sec. 6: Lots 1 and 2.
       Sec. 9: N\1/2\, N\1/2\S\1/2\.
       Sec. 10: N\1/2\, N\1/2\S\1/2\.
       Sec. 11: N\1/2\, N\1/2\S\1/2\.
       T. 2 N., R. 30 E.
       Sec. 20: E\1/2\SE\1/4\.
       Sec. 21: SW\1/4\, W\1/2\SE\1/4\.
       Sec. 28: W\1/2\E\1/2\, W\1/2\.
       Sec. 29: E\1/2\E\1/2\.
       Sec. 32: E\1/2\E\1/2\.
       Sec. 33: W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/4\.
       Aggregating 6,713.90 acres, more or less.
       (2) Status of surface estate.--Upon transfer of the surface 
     estate of the lands described in paragraph (1), the surface 
     estate shall be treated as real property subject to the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 471 et seq.).
       (3) Withdrawal of mineral estate.--Subject to valid 
     existing rights, the mineral estate of the lands described in 
     paragraph (1) is withdrawn from all forms of appropriation 
     under the public land laws, including the mining laws and the 
     mineral and geothermal leasing laws, but not the Act of July 
     31, 1947 (commonly known as the Materials Act of 1947; 30 
     U.S.C. 601 et seq.).
       (4) Use of mineral materials.--Notwithstanding any other 
     provision of this subsection or the Act of July 31, 1947, the 
     Secretary of the Air Force may use, without application to 
     the Secretary of the Interior, the sand, gravel, or similar 
     mineral material resources on the lands described in 
     paragraph (1), of the type subject to disposition under the 
     Act of July 31, 1947, when the use of such resources is 
     required for construction needs on Melrose Air Force Range, 
     New Mexico.
       (b) Yakima Training Center, Washington.--
       (1) Transfer.--Administrative jurisdiction over the surface 
     estate of the following lands is hereby transferred from the 
     Secretary of the Interior to the Secretary of the Army:


                          Willamette Meridian

       T. 17 N., R. 20 E.
       Sec. 22: S\1/2\.
       Sec. 24: S\1/2\SW\1/4\ and that portion of the E\1/2\ lying 
     south of the Interstate Highway 90 right-of-way.
       Sec. 26: All.
       T. 16 N., R. 21 E.
       Sec. 4: SW\1/4\SW\1/4\.
       Sec. 12: SE\1/4\.
       Sec. 18: Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/2\.
       T. 17 N., R. 21 E.
       Sec. 30: Lots 3 and 4.
       Sec. 32: NE\1/4\SE\1/4\.
       T. 16 N., R. 22 E.
       Sec. 2: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\.
       Sec. 4: Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\.
       Sec. 10: All.
       Sec. 14: All.
       Sec. 20: SE\1/4\SW\1/4\.
       Sec. 22: All.
       Sec. 26: N\1/2\.
       Sec. 28: N\1/2\.
       T. 16 N., R. 23 E.
       Sec. 18: Lots 3 and 4, E\1/2\SW\1/4\, W\1/2\SE\1/4\, and 
     that portion of the E\1/2\SE\1/4\ lying westerly of the 
     westerly right-of-way line of Huntzinger Road.
       Sec. 20: That portion of the SW\1/4\ lying westerly of the 
     easterly right-of-way line of the railroad.
       Sec. 30: Lots 1 and 2, NE\1/4\ and E\1/2\NW\1/4\.
       Aggregating 6,640.02 acres.
       (2) Status of surface estate.--Upon transfer of the surface 
     estate of the lands described in paragraph (1), the surface 
     estate shall be treated as real property subject to the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C 471 et seq.).
       (3) Withdrawal of mineral estate.--Subject to valid 
     existing rights, the mineral estate of the lands described in 
     paragraph (1) and of the following lands are withdrawn from 
     all forms of appropriation under the public land laws, 
     including the mining laws and the geothermal leasing laws, 
     but not the Act of July 31, 1947 (commonly known as the 
     Materials Act of 1947; 30 U.S.C. 601 et seq.) and the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.):


                          Willamette Meridian

       T. 16 N., R. 20 E.
       Sec. 12: All.
       Sec. 18: Lot 4 and SE\1/4\.
       Sec. 20: S\1/2\.
       T. 16 N., R. 21 E.
       Sec. 4: Lots 1, 2, 3, and 4, S\1/2\NE\1/2\.
       Sec. 8: All.
       T. 16 N., R. 22 E.
       Sec. 12: All.
       T. 17 N., R. 21 E.
       Sec. 32: S\1/2\SE\1/4\.
       Sec. 34: W\1/2\.
       Aggregating 3,090.80 acres.
       (4) Use of mineral materials.--Notwithstanding any other 
     provision of this subsection or the Act of July 31, 1947, the 
     Secretary of the Army may use, without application to the 
     Secretary of the Interior, the sand, gravel, or similar 
     mineral material resources on the lands described in 
     paragraphs (1) and (3), of the type subject to disposition 
     under the Act of July 31, 1947, when the use of such 
     resources is required for construction needs on the Yakima 
     Training Center, Washington.

                          ____________________



 INTERPRETIVE CENTER AND MUSEUM, DIAMOND VALLEY LAKE, HEMET, CALIFORNIA

  The Senate proceeded to consider the bill (S. 2977) to assist the 
establishment of an interpretive center and museum in the vicinity of 
the Diamond Valley Lake in southern California to ensure the protection 
and interpretation of the paleontology discoveries made at the lake and 
to develop a trail system for the lake for use by pedestrians and 
nonmotorized vehicles.
  The bill (S. 2977) was read the third time and passed, as follows:

                                S. 2977

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

     SECTION 1. INTERPRETIVE CENTER AND MUSEUM, DIAMOND VALLEY 
                   LAKE, HEMET, CALIFORNIA.

       (a) Assistant for Establishment of Center and Museum.--The 
     Secretary of the Interior shall enter into an agreement with 
     an appropriate entity for the purpose of sharing costs 
     incurred to design, construct, furnish, and operate an 
     interpretive center and museum, to be located on lands under 
     the jurisdiction of the Metropolitan Water District of 
     Southern California, intended to preserve, display, and 
     interpret the paleontology discoveries made at and in the 
     vicinity of the Diamond Valley Lake, near Hemet, California, 
     and to promote other historical and cultural resources of the 
     area.
       (b) Assistance for Nonmotorized Trails.--The Secretary 
     shall enter into an agreement with the State of California, a 
     political subdivision of the State, or a combination of State 
     and local public agencies for the purpose of sharing costs 
     incurred to design, construct, and maintain a system of 
     trails around the perimeter of the Diamond Valley Lake for 
     use by pedestrians and non-motorized vehicles.
       (c) Matching Requirement.--The Secretary shall require the 
     other parties to an agreement under this section to secure an 
     amount of funds from non-Federal sources that is at least 
     equal to the amount provided by the Secretary.
       (d) Time for Agreement.--The Secretary shall enter into the 
     agreements required by this section not later than 180 days 
     after the date on which funds are first made available to 
     carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated not more than $14,000,000 to carry out 
     this section.

                          ____________________



                JAMESTOWN 400TH COMMEMORATION COMMISSION

  The Senate proceeded to consider the bill (S. 2885) to establish the 
Jamestown 400th Commemoration Commission, and for other purposes, which 
has been reported from the Committee on Energy and Natural Resources, 
with amendments as follows:
  (Omit the part in black brackets and insert the part printed in 
italic)

                                S. 2885

       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 ``Jamestown 400th 
     Commemoration Commission Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the founding of the colony at Jamestown, Virginia in 
     1607, the first permanent English colony in the New World, 
     and the capital of Virginia for 92 years, has major 
     significance in the history of the United States;
       (2) the settlement brought people from throughout the 
     Atlantic Basin together to form a multicultural society, 
     including English, other Europeans, Native Americans, and 
     Africans;
       (3) the economic, political, religious, and social 
     institutions that developed during the first 9 decades of the 
     existence of Jamestown continue to have profound effects on 
     the United States, particularly in English common law and 
     language, cross cultural relationships, and economic 
     structure and status;
       (4) the National Park Service, the Association for the 
     Preservation of Virginia Antiquities, and the Jamestown-
     Yorktown Foundation of the Commonwealth of Virginia 
     collectively own and operate significant resources related to 
     the early history of Jamestown; and
       (5) in 1996--
       (A) the Commonwealth of Virginia designated the Jamestown-
     Yorktown Foundation as the State agency responsible for

[[Page 20961]]

     planning and implementing the Commonwealth's portion of the 
     commemoration of the 400th anniversary of the founding of the 
     Jamestown settlement;
       (B) the Foundation created the Celebration 2007 Steering 
     Committee, known as the Jamestown 2007 Steering Committee; 
     and
       (C) planning for the commemoration began.
       (b) Purpose.--The purpose of this Act is to establish the 
     Jamestown 400th Commemoration Commission to--
       (1) ensure a suitable national observance of the Jamestown 
     2007 anniversary by complementing the programs and activities 
     of the [State] Commonwealth of Virginia;
       (2) cooperate with and assist the programs and activities 
     of the State in observance of the Jamestown 2007 anniversary;
       (3) assist in ensuring that Jamestown 2007 observances 
     provide an excellent visitor experience and beneficial 
     interaction between visitors and the natural and cultural 
     resources of the Jamestown sites;
       (4) assist in ensuring that the Jamestown 2007 observances 
     are inclusive and appropriately recognize the experiences of 
     all people present in 17th century Jamestown;
       (5) provide assistance to the development of Jamestown-
     related programs and activities;
       (6) facilitate international involvement in the Jamestown 
     2007 observances;
       (7) support and facilitate marketing efforts for a 
     commemorative coin, stamp, and related activities for the 
     Jamestown 2007 observances; and
       (8) assist in the appropriate development of heritage 
     tourism and economic benefits to the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commemoration.--The term ``commemoration'' means the 
     commemoration of the 400th anniversary of the founding of the 
     Jamestown settlement.
       (2) Commission.--The term ``Commission'' means the 
     Jamestown 400th Commemoration Commission established by 
     section 4(a).
       (3) Governor.--The term ``Governor'' means the Governor of 
     [the State.] Virginia.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(5) State.--
       [(A) In general.--The term ``State'' means the State of 
     Virginia.
       [(B) Inclusions.--The term ``State'' includes agencies and 
     entities of the State.]
       (5) State.--The term ``State'' means the Commonwealth of 
     Virginia, including agencies and entities of the 
     Commonwealth.

     SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.

       (a) In General.--There is established a commission to be 
     known as the ``Jamestown 400th Commemoration Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of [16 
     members,] 15 members, of whom--
       (A) 4 members shall be appointed by the Secretary, taking 
     into consideration the recommendations of the Chairperson of 
     the Jamestown 2007 Steering Committee;
       (B) 4 members shall be appointed by the Secretary, taking 
     into consideration the recommendations of the Governor;
       (C) 2 members shall be employees of the National Park 
     Service, of which--
       (i) 1 shall be the Director of the National Park Service 
     (or a designee); and
       (ii) 1 shall be an employee of the National Park Service 
     having experience relevant to the commemoration, to be 
     appointed by the Secretary; and
       (D) 5 members shall be individuals that have an interest 
     in, support for, and expertise appropriate to, the 
     commemoration, to be appointed by the Secretary.
       (2) Term; vacancies.--
       (A) Term.--A member of the Commission shall be appointed 
     for the life of the Commission.
       (B) Vacancies.--
       (i) In general.--A vacancy on the Commission shall be 
     filled in the same manner in which the original appointment 
     was made.
       (ii) Partial term.--A member appointed to fill a vacancy on 
     the Commission shall serve for the remainder of the term for 
     which the predecessor of the member was appointed.
       (3) Meetings.--
       (A) In general.--The Commission shall meet--
       (i) at least twice each year; or
       (ii) at the call of the Chairperson or the majority of the 
     members of the Commission.
       (B) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (4) Voting.--
       (A) In general.--The Commission shall act only on an 
     affirmative vote of a majority of the members of the 
     Commission.
       (B) Quorum.--A majority of the Commission shall constitute 
     a quorum.
       (5) Chairperson.--The Secretary shall appoint a Chairperson 
     of the Commission, taking into consideration any 
     recommendations of the Governor.
       (c) Duties.--
       (1) In general.--The Commission shall--
       (A) plan, develop, and execute programs and activities 
     appropriate to commemorate the 400th anniversary of the 
     founding of Jamestown;
       (B) generally facilitate Jamestown-related activities 
     throughout the United States;
       (C) encourage civic, patriotic, historical, educational, 
     religious, economic, and other organizations throughout the 
     United States to organize and participate in anniversary 
     activities to expand the understanding and appreciation of 
     the significance of the founding and early history of 
     Jamestown;
       (D) coordinate and facilitate for the public scholarly 
     research on, publication about, and interpretation of, 
     Jamestown; and
       (E) ensure that the 400th anniversary of Jamestown provides 
     a lasting legacy and long-term public benefit by assisting in 
     the development of appropriate programs and facilities.
       (2) Plans; reports.--
       (A) Strategic plan; annual performance plans.--In 
     accordance with the Government Performance and Results Act of 
     1993 (Public Law 103-62; 107 Stat. 285), the Commission shall 
     prepare a strategic plan and annual performance plans for the 
     activities of the Commission carried out under this Act.
       (B) Final report.--Not later than September 30, 2008, the 
     Commission shall complete a final report that contains--
       (i) a summary of the activities of the Commission;
       (ii) a final accounting of funds received and expended by 
     the Commission; and
       (iii) the findings and recommendations of the Commission.
       (d) Powers of the Commission.--The Commission may--
       (1) accept donations and make dispersions of money, 
     personal services, and real and personal property related to 
     Jamestown and of the significance of Jamestown in the history 
     of the United States;
       (2) appoint such advisory committees as the Commission 
     determines to be necessary to carry out this Act;
       (3) authorize any member or employee of the Commission to 
     take any action that the Commission is authorized to take by 
     this Act;
       (4) procure supplies, services, and property, and make or 
     enter into contracts, leases or other legal agreements, to 
     carry out this Act (except that any contracts, leases or 
     other legal agreements made or entered into by the Commission 
     shall not extend beyond the date of termination of the 
     Commission);
       (5) use the United States mails in the same manner and 
     under the same conditions as other Federal agencies;
       (6) subject to approval by the Commission, make grants in 
     amounts not to exceed $10,000 to communities and nonprofit 
     organizations to develop programs to assist in the 
     commemoration;
       (7) make grants to research and scholarly organizations to 
     research, publish, or distribute information relating to the 
     early history of Jamestown; and
       (8) provide technical assistance to States, localities, and 
     nonprofit organizations to further the commemoration.
       (e) Commission Personnel Matters.--
       (1) Compensation of members of the commission.--
       (A) In general.--Except as provided in subparagraph (B), a 
     member of the Commission shall serve without compensation.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (C) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (2) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the executive 
     director and other personnel shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (4) Detail of government employees.--
       (A) Federal employees.--
       (i) In general.--On the request of the Commission, the head 
     of any Federal agency may detail, on a reimbursable or non-
     reimbursable basis, any of the personnel of the

[[Page 20962]]

     agency to the Commission to assist the Commission in carrying 
     out the duties of the Commission under this Act.
       (ii) Civil service status.--The detail of an employee under 
     clause (i) shall be without interruption or loss of civil 
     service status or privilege.
       (B) State employees.--The Commission may--
       (i) accept the services of personnel detailed from States 
     (including subdivisions of States); and
       (ii) reimburse States for services of detailed personnel.
       (5) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use voluntary and uncompensated services as 
     the Commission determines necessary.
       (6) Support services.--The Director of the National Park 
     Service shall provide to the Commission, on a reimbursable 
     basis, such administrative support services as the Commission 
     may request.
       (f) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (g) FACA Nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) No Effect on Authority.--Nothing in this section 
     supersedes the authority of the State, the National Park 
     Service, or the Association for the Preservation of Virginia 
     Antiquities, concerning the commemoration.
       (i) Termination.--The Commission shall terminate on 
     December 31, 2008.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 3000), as amended, was read the third time and passed.
  The title was amended so as to read: ``To authorize the exchange of 
land between the Secretary of the Interior and the Director of Central 
Intelligence at the George Washington Memorial Parkway in McLean, 
Virginia, and for other purposes.''
  The committee amendments were agreed to.
  The bill (S. 2885), as amended, was read the third time and passed, 
as follows:

                                S. 2885

       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 ``Jamestown 400th 
     Commemoration Commission Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the founding of the colony at Jamestown, Virginia in 
     1607, the first permanent English colony in the New World, 
     and the capital of Virginia for 92 years, has major 
     significance in the history of the United States;
       (2) the settlement brought people from throughout the 
     Atlantic Basin together to form a multicultural society, 
     including English, other Europeans, Native Americans, and 
     Africans;
       (3) the economic, political, religious, and social 
     institutions that developed during the first 9 decades of the 
     existence of Jamestown continue to have profound effects on 
     the United States, particularly in English common law and 
     language, cross cultural relationships, and economic 
     structure and status;
       (4) the National Park Service, the Association for the 
     Preservation of Virginia Antiquities, and the Jamestown-
     Yorktown Foundation of the Commonwealth of Virginia 
     collectively own and operate significant resources related to 
     the early history of Jamestown; and
       (5) in 1996--
       (A) the Commonwealth of Virginia designated the Jamestown-
     Yorktown Foundation as the State agency responsible for 
     planning and implementing the Commonwealth's portion of the 
     commemoration of the 400th anniversary of the founding of the 
     Jamestown settlement;
       (B) the Foundation created the Celebration 2007 Steering 
     Committee, known as the Jamestown 2007 Steering Committee; 
     and
       (C) planning for the commemoration began.
       (b) Purpose.--The purpose of this Act is to establish the 
     Jamestown 400th Commemoration Commission to--
       (1) ensure a suitable national observance of the Jamestown 
     2007 anniversary by complementing the programs and activities 
     of the Commonwealth of Virginia;
       (2) cooperate with and assist the programs and activities 
     of the State in observance of the Jamestown 2007 anniversary;
       (3) assist in ensuring that Jamestown 2007 observances 
     provide an excellent visitor experience and beneficial 
     interaction between visitors and the natural and cultural 
     resources of the Jamestown sites;
       (4) assist in ensuring that the Jamestown 2007 observances 
     are inclusive and appropriately recognize the experiences of 
     all people present in 17th century Jamestown;
       (5) provide assistance to the development of Jamestown-
     related programs and activities;
       (6) facilitate international involvement in the Jamestown 
     2007 observances;
       (7) support and facilitate marketing efforts for a 
     commemorative coin, stamp, and related activities for the 
     Jamestown 2007 observances; and
       (8) assist in the appropriate development of heritage 
     tourism and economic benefits to the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commemoration.--The term ``commemoration'' means the 
     commemoration of the 400th anniversary of the founding of the 
     Jamestown settlement.
       (2) Commission.--The term ``Commission'' means the 
     Jamestown 400th Commemoration Commission established by 
     section 4(a).
       (3) Governor.--The term ``Governor'' means the Governor of 
     Virginia.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the Commonwealth of 
     Virginia, including agencies and entities of the 
     Commonwealth.

     SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.

       (a) In General.--There is established a commission to be 
     known as the ``Jamestown 400th Commemoration Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 15 
     members, of whom--
       (A) 4 members shall be appointed by the Secretary, taking 
     into consideration the recommendations of the Chairperson of 
     the Jamestown 2007 Steering Committee;
       (B) 4 members shall be appointed by the Secretary, taking 
     into consideration the recommendations of the Governor;
       (C) 2 members shall be employees of the National Park 
     Service, of which--
       (i) 1 shall be the Director of the National Park Service 
     (or a designee); and
       (ii) 1 shall be an employee of the National Park Service 
     having experience relevant to the commemoration, to be 
     appointed by the Secretary; and
       (D) 5 members shall be individuals that have an interest 
     in, support for, and expertise appropriate to, the 
     commemoration, to be appointed by the Secretary.
       (2) Term; vacancies.--
       (A) Term.--A member of the Commission shall be appointed 
     for the life of the Commission.
       (B) Vacancies.--
       (i) In general.--A vacancy on the Commission shall be 
     filled in the same manner in which the original appointment 
     was made.
       (ii) Partial term.--A member appointed to fill a vacancy on 
     the Commission shall serve for the remainder of the term for 
     which the predecessor of the member was appointed.
       (3) Meetings.--
       (A) In general.--The Commission shall meet--
       (i) at least twice each year; or
       (ii) at the call of the Chairperson or the majority of the 
     members of the Commission.
       (B) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (4) Voting.--
       (A) In general.--The Commission shall act only on an 
     affirmative vote of a majority of the members of the 
     Commission.
       (B) Quorum.--A majority of the Commission shall constitute 
     a quorum.
       (5) Chairperson.--The Secretary shall appoint a Chairperson 
     of the Commission, taking into consideration any 
     recommendations of the Governor.
       (c) Duties.--
       (1) In general.--The Commission shall--
       (A) plan, develop, and execute programs and activities 
     appropriate to commemorate the 400th anniversary of the 
     founding of Jamestown;
       (B) generally facilitate Jamestown-related activities 
     throughout the United States;
       (C) encourage civic, patriotic, historical, educational, 
     religious, economic, and other organizations throughout the 
     United States to organize and participate in anniversary 
     activities to expand the understanding and appreciation of 
     the significance of the founding and early history of 
     Jamestown;
       (D) coordinate and facilitate for the public scholarly 
     research on, publication about, and interpretation of, 
     Jamestown; and
       (E) ensure that the 400th anniversary of Jamestown provides 
     a lasting legacy and long-term public benefit by assisting in 
     the development of appropriate programs and facilities.
       (2) Plans; reports.--
       (A) Strategic plan; annual performance plans.--In 
     accordance with the Government Performance and Results Act of 
     1993 (Public Law 103-62; 107 Stat. 285), the Commission

[[Page 20963]]

     shall prepare a strategic plan and annual performance plans 
     for the activities of the Commission carried out under this 
     Act.
       (B) Final report.--Not later than September 30, 2008, the 
     Commission shall complete a final report that contains--
       (i) a summary of the activities of the Commission;
       (ii) a final accounting of funds received and expended by 
     the Commission; and
       (iii) the findings and recommendations of the Commission.
       (d) Powers of the Commission.--The Commission may--
       (1) accept donations and make dispersions of money, 
     personal services, and real and personal property related to 
     Jamestown and of the significance of Jamestown in the history 
     of the United States;
       (2) appoint such advisory committees as the Commission 
     determines to be necessary to carry out this Act;
       (3) authorize any member or employee of the Commission to 
     take any action that the Commission is authorized to take by 
     this Act;
       (4) procure supplies, services, and property, and make or 
     enter into contracts, leases or other legal agreements, to 
     carry out this Act (except that any contracts, leases or 
     other legal agreements made or entered into by the Commission 
     shall not extend beyond the date of termination of the 
     Commission);
       (5) use the United States mails in the same manner and 
     under the same conditions as other Federal agencies;
       (6) subject to approval by the Commission, make grants in 
     amounts not to exceed $10,000 to communities and nonprofit 
     organizations to develop programs to assist in the 
     commemoration;
       (7) make grants to research and scholarly organizations to 
     research, publish, or distribute information relating to the 
     early history of Jamestown; and
       (8) provide technical assistance to States, localities, and 
     nonprofit organizations to further the commemoration.
       (e) Commission Personnel Matters.--
       (1) Compensation of members of the commission.--
       (A) In general.--Except as provided in subparagraph (B), a 
     member of the Commission shall serve without compensation.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (C) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (2) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the executive 
     director and other personnel shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (4) Detail of government employees.--
       (A) Federal employees.--
       (i) In general.--On the request of the Commission, the head 
     of any Federal agency may detail, on a reimbursable or non-
     reimbursable basis, any of the personnel of the agency to the 
     Commission to assist the Commission in carrying out the 
     duties of the Commission under this Act.
       (ii) Civil service status.--The detail of an employee under 
     clause (i) shall be without interruption or loss of civil 
     service status or privilege.
       (B) State employees.--The Commission may--
       (i) accept the services of personnel detailed from States 
     (including subdivisions of States); and
       (ii) reimburse States for services of detailed personnel.
       (5) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use voluntary and uncompensated services as 
     the Commission determines necessary.
       (6) Support services.--The Director of the National Park 
     Service shall provide to the Commission, on a reimbursable 
     basis, such administrative support services as the Commission 
     may request.
       (f) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (g) FACA Nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) No Effect on Authority.--Nothing in this section 
     supersedes the authority of the State, the National Park 
     Service, or the Association for the Preservation of Virginia 
     Antiquities, concerning the commemoration.
       (i) Termination.--The Commission shall terminate on 
     December 31, 2008.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________



  COLORADO CANYONS NATIONAL CONSERVATION AREA AND BLACK RIDGE CANYONS 
                         WILDERNESS ACT OF 2000

  The Senate proceeded to consider the bill (H.R. 4275) to establish 
the Colorado National Conservation Area and the Black Ridge Canyons 
Wilderness, and for other purposes.
  The bill (H.R. 4275) was read the third time and passed.

                          ____________________



    LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL FOREST, 
                           CALIFORNIA TO KATY

  The Senate proceeded to consider the bill (S. 2111) to direct the 
Secretary of Agriculture to convey for fair market value 1.06 acres of 
land in the San Bernardino National Forest, California, to KATY 101.3 
FM, a California Corporation, which had been reported by the Committee 
on Energy and Natural Resources with an amendment as follows:

       (Strike out all after the enacting clause and insert the 
     part printed in italic)

     SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO 
                   NATIONAL FOREST, CALIFORNIA.

       (a) Conveyance Required.--Subject to valid existing rights 
     and settlement of claims as provided in this section, the 
     Secretary of Agriculture shall convey to KATY 101.3 FM (in 
     this section referred to as ``KATY'' ) all right, title and 
     interest of the United States in and to a parcel of real 
     property consisting of approximately 1.06 acres within the 
     San Bernardino National Forest in Riverside County, 
     California, generally located in the north \1/2\ of section 
     23, township 5 south, range 2 east, San Bernardino meridian.
       (b) Legal Description.--The Secretary and KATY shall, by 
     mutual agreement, prepare the legal description of the parcel 
     of real property to be conveyed under subsection (a), which 
     is generally depicted as Exhibit A-2 in an appraisal report 
     of the subject parcel dated August 26, 1999, by Paul H. 
     Meiling.
       (c) Consideration.--Consideration for the conveyance under 
     subsection (a) shall be equal to the appraised fair market 
     value of the parcel of real property to be conveyed. Any 
     appraisal to determine the fair market value of the parcel 
     shall be prepared in conformity with the Uniform Appraisal 
     Standards for Federal Land Acquisition and approved by the 
     Secretary.
       (d) Settlement.--In addition to the consideration referred 
     to in subsection (c), upon the receipt of $16,600 paid by 
     KATY to the Secretary, the Secretary shall release KATY from 
     any and all claims of the United States arising from the 
     occupancy and use of the San Bernardino National Forest by 
     KATY for communication site purposes.
       (e) Access Requirements.--Notwithstanding section 1323(a) 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3210(a)) or any other law, the Secretary is not 
     required to provide access over National Forest System lands 
     to the parcel of real property to be conveyed under 
     subsection (a).
       (f) Administrative Costs.--Any costs associated with the 
     creation of a subdivided parcel, recordation of a survey, 
     zoning, and planning approval, and similar expenses with 
     respect to the conveyance under this section, shall be borne 
     by KATY.
       (g) Assumption of Liability.--By acceptance of the 
     conveyance of the parcel of real property referred to in 
     subsection (a), KATY, and its successors and assigns will 
     indemnify and hold harmless the United States for any and all 
     liability to General Telephone and Electronics Corporation 
     (also known as ``GTE'' ) KATY, and any third party that is 
     associated with the parcel, including liability for any 
     buildings or personal property on the parcel belonging to GTE 
     and any other third parties.
       (h) Treatment of Receipts.--All funds received pursuant to 
     this section shall be deposited in the fund established under 
     Public Law 90-171 (16 U.S.C. 484a; commonly known as the

[[Page 20964]]

     Sisk Act), and the funds shall remain available to the 
     Secretary, until expended, for the acquisition of lands, 
     waters, and interests in land for the inclusion in the San 
     Bernardino National Forest.
       (i) Receipts Act Amendment.--The Act of June 15, 1938 
     (Chapter 438:52 Stat. 699), as amended by the Acts of May 26, 
     1944 (58 Stat. 227), is further amended--
       (1) by striking the comma after the words ``Secretary of 
     Agriculture'';
       (2) by striking the words ``with the approval of the 
     National Forest Reservation Commission established by section 
     4 of the Act of March 1, 1911 (16 U.S.C. 513),'';
       (3) by inserting the words ``, real property or interests 
     in lands,'' after the word ``lands'' the first time it is 
     used;
       (4) by striking ``San Bernardino and Cleveland'' and 
     inserting ``counties of San Bernardino, Cleveland and Los 
     Angeles'';
       (5) by striking ``county of Riverside'' each place it 
     appears and inserting ``counties of Riverside and San 
     Bernardino'';
       (6) by striking ``as to minimize soil erosion and flood 
     damage'' and inserting ``for National Forest System 
     purposes''; and
       (7) after the ``Provided further, That'', by striking the 
     remainder of the sentence to the end of the paragraph, and 
     inserting ``twelve and one-half percent of the monies 
     otherwise payable to the State of California for the benefit 
     of San Bernardino County under the aforementioned Act of 
     March 1, 1911 (16 U.S.C. 500) shall be available to be 
     appropriated for expenditure in furtherance of this Act.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2111), as amended, was read the third time and passed.

                          ____________________



               GREAT SAND DUNES NATIONAL PARK ACT OF 2000

  The Senate proceeded to consider the bill (S. 2547) to provide for 
the establishment of the Great Sand Dunes National Park and the Great 
Sand Dunes National Preserve in the State of Colorado, and for other 
purposes, which had been reported by the Committee on Energy and 
Natural Resources with an amendment to strike out all after the 
enacting clause and insert the part printed in italic.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Great Sand Dunes National 
     Park Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Great Sand Dunes National Monument in the State of 
     Colorado was established by Presidential proclamation in 1932 
     to preserve Federal land containing spectacular and unique 
     sand dunes and additional features of scenic, scientific, and 
     educational interest for the benefit and enjoyment of future 
     generations;
       (2) the Great Sand Dunes, together with the associated sand 
     sheet and adjacent wetland and upland, contain a variety of 
     rare ecological, geological, paleontological, archaeological, 
     scenic, historical, and wildlife components, which--
       (A) include the unique pulse flow characteristics of Sand 
     Creek and Medano Creek that are integral to the existence of 
     the dunes system;
       (B) interact to sustain the unique Great Sand Dunes system 
     beyond the boundaries of the existing National Monument;
       (C) are enhanced by the serenity and rural western setting 
     of the area; and
       (D) comprise a setting of irreplaceable national 
     significance;
       (3) the Great Sand Dunes and adjacent land within the Great 
     Sand Dunes National Monument--
       (A) provide extensive opportunities for educational 
     activities, ecological research, and recreational activities; 
     and
       (B) are publicly used for hiking, camping, and fishing, and 
     for wilderness value (including solitude);
       (4) other public and private land adjacent to the Great 
     Sand Dunes National Monument--
       (A) offers additional unique geological, hydrological, 
     paleontological, scenic, scientific, educational, wildlife, 
     and recreational resources; and
       (B) contributes to the protection of--
       (i) the sand sheet associated with the dune mass;
       (ii) the surface and ground water systems that are 
     necessary to the preservation of the dunes and the adjacent 
     wetland; and
       (iii) the wildlife, viewshed, and scenic qualities of the 
     Great Sand Dunes National Monument;
       (5) some of the private land described in paragraph (4) 
     contains important portions of the sand dune mass, the 
     associated sand sheet, and unique alpine environments, which 
     would be threatened by future development pressures;
       (6) the designation of a Great Sand Dunes National Park, 
     which would encompass the existing Great Sand Dunes National 
     Monument and additional land, would provide--
       (A) greater long-term protection of the geological, 
     hydrological, paleontological, scenic, scientific, 
     educational, wildlife, and recreational resources of the area 
     (including the sand sheet associated with the dune mass and 
     the ground water system on which the sand dune and wetland 
     systems depend); and
       (B) expanded visitor use opportunities;
       (7) land in and adjacent to the Great Sand Dunes National 
     Monument is--
       (A) recognized for the culturally diverse nature of the 
     historical settlement of the area;
       (B) recognized for offering natural, ecological, wildlife, 
     cultural, scenic, paleontological, wilderness, and 
     recreational resources; and
       (C) recognized as being a fragile and irreplaceable 
     ecological system that could be destroyed if not carefully 
     protected; and
       (8) preservation of this diversity of resources would 
     ensure the perpetuation of the entire ecosystem for the 
     enjoyment of future generations.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advisory council.--The term ``Advisory Council'' means 
     the Great Sand Dunes National Park Advisory Council 
     established under section 8(a).
       (2) Luis maria baca grant no. 4.--The term ``Luis Maria 
     Baca Grant No. 4'' means those lands as described in the 
     patent dated February 20, 1900, from the United States to the 
     heirs of Luis Maria Baca recorded in book 86, page 20, of the 
     records of the Clerk and Recorder of Saguache County, 
     Colorado.
       (3) Map.--The term ``map'' means the map entitled ``Great 
     Sand Dunes National Park and Preserve'', numbered 140/80,032 
     and dated September 19, 2000.
       (4) National monument.--The term ``national monument'' 
     means the Great Sand Dunes National Monument, including lands 
     added to the monument pursuant to this Act.
       (5) National park.--The term ``national park'' means the 
     Great Sand Dunes National Park established in section 4.
       (6) National wildlife refuge.--The term ``wildlife refuge'' 
     means the Baca National Wildlife Refuge established in 
     section 6.
       (7) Preserve.--The term ``preserve'' means the Great Sand 
     Dunes National Preserve established in section 5.
       (8) Resources.--The term ``resources'' means the resources 
     described in section 2.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Uses.--The term ``uses'' means the uses described in 
     section 2.

     SEC. 4. GREAT SAND DUNES NATIONAL PARK, COLORADO.

       (a) Establishment.--When the Secretary determines that 
     sufficient land having a sufficient diversity of resources 
     has been acquired to warrant designation of the land as a 
     national park, the Secretary shall establish the Great Sand 
     Dunes National Park in the State of Colorado, as generally 
     depicted on the map, as a unit of the National Park System. 
     Such establishment shall be effective upon publication of a 
     notice of the Secretary's determination in the Federal 
     Register.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (c) Notification.--Until the date on which the national 
     park is established, the Secretary shall annually notify the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives 
     of--
       (1) the estimate of the Secretary of the lands necessary to 
     achieve a sufficient diversity of resources to warrant 
     designation of the national park; and
       (2) the progress of the Secretary in acquiring the 
     necessary lands.
       (d) Abolishment of National Monument.--(1) On the date of 
     establishment of the national park pursuant to subsection 
     (a), the Great Sand Dunes National Monument shall be 
     abolished, and any funds made available for the purposes of 
     the national monument shall be available for the purposes of 
     the national park.
       (2) Any reference in any law (other than this Act), 
     regulation, document, record, map, or other paper of the 
     United States to ``Great Sand Dunes National Monument'' shall 
     be considered a reference to ``Great Sand Dunes National 
     Park''.
       (e) Transfer of Jurisdiction.--Administrative jurisdiction 
     is transferred to the National Park Service over any land 
     under the jurisdiction of the Department of the Interior 
     that--
       (1) is depicted on the map as being within the boundaries 
     of the national park or the preserve; and
       (2) is not under the administrative jurisdiction of the 
     National Park Service on the date of enactment of this Act.

     SEC. 5. GREAT SAND DUNES NATIONAL PRESERVE, COLORADO.

       (a) Establishment of Great Sand Dunes National Preserve.--
     (1) There is hereby established the Great Sand Dunes National 
     Preserve in the State of Colorado, as generally depicted on 
     the map, as a unit of the National Park System.
       (2) Administrative jurisdiction of lands and interests 
     therein administered by the Secretary of Agriculture within 
     the boundaries of the preserve is transferred to the 
     Secretary of the Interior, to be administered as part of the 
     preserve. The Secretary of Agriculture shall modify the 
     boundaries of the Rio Grande National Forest to exclude the 
     transferred lands from the forest boundaries.
       (3) Any lands within the preserve boundaries which were 
     designated as wilderness prior to the date of enactment of 
     this Act shall remain subject to the Wilderness Act (16 
     U.S.C. 1131 et seq.) and the Colorado Wilderness Act of 1993 
     (Public Law 103-767; 16 U.S.C. 539i note).
       (b) Map and Legal Description.--(1) As soon as practicable 
     after the establishment of the national park and the 
     preserve, the Secretary shall file maps and a legal 
     description of the national

[[Page 20965]]

     park and the preserve with the Committee on Energy and 
     Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives.
       (2) The map and legal description shall have the same force 
     and effect as if included in this Act, except that the 
     Secretary may correct clerical and typographical errors in 
     the legal description and maps.
       (3) The map and legal description shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (c) Boundary Survey.--As soon as practicable after the 
     establishment of the national park and preserve and subject 
     to the availability of funds, the Secretary shall complete an 
     official boundary survey.

     SEC. 6. BACA NATIONAL WILDLIFE REFUGE, COLORADO.

       (a) Establishment.--(1) When the Secretary determines that 
     sufficient land has been acquired to constitute an area that 
     can be efficiently managed as a National Wildlife Refuge, the 
     Secretary shall establish the Baca National Wildlife Refuge, 
     as generally depicted on the map.
       (2) Such establishment shall be effective upon publication 
     of a notice of the Secretary's determination in the Federal 
     Register.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the United States Fish and Wildlife Service.
       (c) Administration.--The Secretary shall administer all 
     lands and interests therein acquired within the boundaries of 
     the national wildlife refuge in accordance with the National 
     Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
     668dd et seq.) and the Act of September 28, 1962 (16 U.S.C. 
     460k et seq.) (commonly known as the Refuge Recreation Act).
       (d) Protection of Water Resources.--In administering water 
     resources for the national wildlife refuge, the Secretary 
     shall--
       (1) protect and maintain irrigation water rights necessary 
     for the protection of monument, park, preserve, and refuge 
     resources and uses; and
       (2) minimize, to the extent consistent with the protection 
     of national wildlife refuge resources, adverse impacts on 
     other water users.

     SEC. 7. ADMINISTRATION OF NATIONAL PARK AND PRESERVE.

       (a) In General.--The Secretary shall administer the 
     national park and the preserve in accordance with--
       (1) this Act; and
       (2) all laws generally applicable to units of the National 
     Park System, including--
       (A) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1, 2-4) and
       (B) the Act entitled ``An Act to provide for the 
     preservation of historic American sites, buildings, objects, 
     and antiquities of national significance, and for other 
     purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
       (b) Grazing.--
       (1) Acquired state or private land.--With respect to former 
     State or private land on which grazing is authorized to occur 
     on the date of enactment of this Act and which is acquired 
     for the national monument, or the national park and preserve, 
     or the wildlife refuge, the Secretary, in consultation with 
     the lessee, may permit the continuation of grazing on the 
     land by the lessee at the time of acquisition, subject to 
     applicable law (including regulations).
       (2) Federal land.--Where grazing is permitted on land that 
     is Federal land as of the date of enactment of this Act and 
     that is located within the boundaries of the national 
     monument or the national park and preserve, the Secretary is 
     authorized to permit the continuation of such grazing 
     activities unless the Secretary determines that grazing would 
     harm the resources or values of the national park or the 
     preserve.
       (3) Termination of leases.--Nothing in this subsection 
     shall prohibit the Secretary from accepting the voluntary 
     termination of leases or permits for grazing within the 
     national monument or the national park or the preserve.
       (c) Hunting, Fishing, and Trapping.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall permit hunting, fishing, and trapping on land 
     and water within the preserve in accordance with applicable 
     Federal and State laws.
       (2) Administrative exceptions.--The Secretary may designate 
     areas where, and establish limited periods when, no hunting, 
     fishing, or trapping shall be permitted under paragraph (1) 
     for reasons of public safety, administration, or compliance 
     with applicable law.
       (3) Agency agreement.--Except in an emergency, regulations 
     closing areas within the preserve to hunting, fishing, or 
     trapping under this subsection shall be made in consultation 
     with the appropriate agency of the State of Colorado having 
     responsibility for fish and wildlife administration.
       (4) Savings clause.--Nothing in this Act affects any 
     jurisdiction or responsibility of the State of Colorado with 
     respect to fish and wildlife on Federal land and water 
     covered by this Act.
       (d) Closed Basin Division, San Luis Valley Project.--Any 
     feature of the Closed Basin Division, San Luis Valley 
     Project, located within the boundaries of the national 
     monument, national park or the national wildlife refuge, 
     including any well, pump, road, easement, pipeline, canal, 
     ditch, power line, power supply facility, or any other 
     project facility, and the operation, maintenance, repair, and 
     replacement of such a feature--
       (1) shall not be affected by this Act; and
       (2) shall continue to be the responsibility of, and be 
     operated by, the Bureau of Reclamation in accordance with 
     title I of the Reclamation Project Authorization Act of 1972 
     (43 U.S.C. 615aaa et seq.).
       (e) Withdrawal--
       (1) On the date of enactment of this Act, subject to valid 
     existing rights, all Federal land depicted on the map as 
     being located within Zone A, or within the boundaries of the 
     national monument, the national park or the preserve is 
     withdrawn from--
       (A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing.
       (2) The provisions of this subsection also shall apply to 
     any lands--
       (A) acquired under this Act; or
       (B) transferred from any Federal agency after the date of 
     enactment of this Act for the national monument, the national 
     park or preserve, or the national wildlife refuge.
       (f) Wildnerness Protection.--
       (1) Nothing in this Act alters the Wilderness designation 
     of any land within the national monument, the national park, 
     or the preserve.
       (2) All areas designated as Wilderness that are transferred 
     to the administrative jurisdiction of the National Park 
     Service shall remain subject to the Wilderness Act (16 U.S.C. 
     1131 et seq.) and the Colorado Wilderness Act of 1993 (Public 
     Law 103-77; 16 U.S.C. 539i note). If any part of this Act 
     conflicts with the provisions of the Wilderness Act or the 
     Colorado Wilderness Act of 1993 with respect to the 
     wilderness areas within the preserve boundaries, the 
     provisions of those Acts shall control.

     SEC. 8. ACQUISITION OF PROPERTY AND BOUNDARY ADJUSTMENTS

       (a) Acquisition Authority.--
       (1) Within the area depicted on the map as the 
     ``Acquisition Area'' or the national monument, the Secretary 
     may acquire lands and interests therein by purchase, 
     donation, transfer from another Federal agency, or exchange: 
     Provided, That lands or interests therein may only be 
     acquired with the consent of the owner thereof.
       (2) Lands or interests therein owned by the State of 
     Colorado, or a political subdivision thereof, may only be 
     acquired by donation or exchange.
       (b) Boundary Adjustment.--As soon as practicable after the 
     acquisition of any land or interest under this section, the 
     Secretary shall modify the boundary of the unit to which the 
     land is transferred pursuant to subsection (b) to include any 
     land or interest acquired.
       (c) Administration of Acquired Lands.--
       (1) General authority.--Upon acquisition of lands under 
     subsection (a), the Secretary shall, as appropriate--
       (A) transfer administrative jurisdiction of the lands of 
     the National Park Service--
       (i) for addition to and management as part of the Great 
     Sand Dunes National Monument, or
       (ii) for addition to and management as part of the Great 
     Sand Dunes National Park (after designation of the Park) or 
     the Great Sand Dunes National Preserve; or
       (B) transfer administrative jurisdiction of the lands to 
     the United States Fish and Wildlife Service for addition to 
     and administration as part of the Baca National Wildlife 
     Refuge.
       (2) Forest service administration.--
       (A) Any lands acquired within the area depicted on the map 
     as being located within Zone B shall be transferred to the 
     Secretary of Agriculture and shall be added to and managed as 
     part of the Rio Grande National Forest.
       (B) For the purposes of section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the 
     boundaries of the Rio Grande National Forest, as revised by 
     the transfer of land under paragraph (A), shall be considered 
     to be the boundaries of the national forest.

     SEC. 9. WATER RIGHTS.

       (a) San Luis Valley Protection, Colorado.--Section 1501(a) 
     of the Reclamation Projects Authorization and Adjustment Act 
     of 1992 (Public Law 102-575; 106 Stat. 4663) is amended by 
     striking paragraph (3) and inserting the following:
       ``(3) adversely affect the purposes of--
       ``(A) the Great Sand Dunes National Monument;
       ``(B) the Great Sands Dunes National Park (including 
     purposes relating to all water, water rights, and water-
     dependent resources within the park);
       ``(C) the Great Sand Dunes National Preserve (including 
     purposes relating to all water, water rights, and water-
     dependent resources within the preserve);
       ``(D) the Baca National Wildlife Refuge (including purposes 
     relating to all water, water rights, and water-dependent 
     resources within the national wildlife refuge); and
       ``(E) any Federal land adjacent to any area described in 
     subparagraphs (A), (B), (C), or (D).''.
       (b) Effect on Water Rights.--
       (1) In general.--Subject to the amendment made by 
     subsection (a), nothing in this Act affects--
       (A) the use, allocation, ownership, or control, in 
     existence on the date of enactment of this Act, of any water, 
     water right, or any other valid existing right;
       (B) any vested absolute or decreed conditional water right 
     in existence on the date of enactment of this Act, including 
     water right held by the United States;

[[Page 20966]]

       (C) any interstate water compact in existence on the date 
     of enactment of this Act; or
       (D) subject to the provisions of paragraph (2), state 
     jurisdiction over any water law.
       (2) Water rights for national park and national preserve.--
     In carrying out this Act, the Secretary shall obtain and 
     exercise any water rights required to fulfill the purposes of 
     the national park and the national preserve in accordance 
     with the following provisions:
       (A) Such water rights shall be appropriated, adjudicated, 
     changed, and administered pursuant to the procedural 
     requirements and priority system of the laws of the State of 
     Colorado.
       (B) The purposes and other substantive characteristics of 
     such water rights shall be established pursuant to State law, 
     except that the Secretary is specifically authorized to 
     appropriate water under this Act exclusively for the purpose 
     of maintaining ground water levels, surface water levels, and 
     stream flows on, across, and under the national park and 
     national preserve, in order to accomplish the purposes of the 
     national park and the national preserve and to protect park 
     resources and park uses.
       (C) Such water rights shall be established and used without 
     interfering with--
       (i) any exercise of a water right in existence on the date 
     of enactment of this Act for a non-Federal purpose in the San 
     Luis Valley, Colorado; and
       (ii) the Closed Basin Division, San Luis Valley Project.
       (D) Except as provided in subsections (c) and (d) below, no 
     Federal reservation of water may be claimed or established 
     for the national park or the national preserve
       (c) National Forest Water Rights.--To the extent that a 
     water right is established or acquired by the United States 
     for the Rio Grande National Forest, the water right shall--
       (1) be considered to be of equal use and value for the 
     national preserve; and
       (2) retain its priority and purpose when included in the 
     national preserve.
       (d) National Monument Water Rights.--To the extent that a 
     water right has been established or acquired by the United 
     States for the Great Sand Dunes National Monument, the water 
     right shall--
       (1) be considered to be of equal use and value for the 
     national park; and
       (2) retain its priority and purpose when included in the 
     national park.
       (e) Acquired Water Rights and Water Resources.--
       (1) In general.--(A) If, and to the extent that, the Luis 
     Maria Baca Grant No. 4 is acquired, all water rights and 
     water resources associated with the Luis Maria Baca Grant No. 
     4 shall be restricted for use only within--
       (i) the national park;
       (ii) the preserve;
       (iii) the national wildlife refuge; or
       (iv) the immediately surrounding areas of Alamosa or 
     Saguache Counties, Colorado.
       (B) Use.--Except as provided in the memorandum of water 
     service agreement and the water service agreement between the 
     Cabeza de Vaca Land and Cattle Company, LC, and Baca Grande 
     Water and Sanitation District, dated August 28, 1997, water 
     rights and water resources described in subparagraph (A) 
     shall be restricted for use in--
       (i) the protection of resources and values for the national 
     monument, the national park, the preserve, or the wildlife 
     refuge;
       (ii) fish and wildlife management and protection; or
       (iii) irrigation necessary to protect water resources.
       (2) State authority.--If, and to the extent that, water 
     rights associated with the Luis Maria Baca Grant No. 4 are 
     acquired, the use of those water rights shall be changed only 
     in accordance with the laws of the State of Colorado.
       (f) Disposal.--The Secretary is authorized to sell the 
     water resources and related appurtenances and fixtures as the 
     Secretary deems necessary to obtain the termination of 
     obligations specified in the memorandum of water service 
     agreement and the water service agreement between the Cabeza 
     de Vaca Land and Cattle Company, LLC and the Baca Grande 
     Water and Sanitation District, dated August 28, 1997. Prior 
     to the sale, the Secretary shall determine that the sale is 
     not detrimental to the protection of the resources of Great 
     Sand Dunes National Monument, Great Sand Dunes National Park, 
     and Great Sand Dunes National Preserve, and the Baca National 
     Wildlife Refuge, and that appropriate measures to provide for 
     such protection are included in the sale.

     SEC. 10. ADVISORY COUNCIL.

       (a) Establishment.--The Secretary shall establish an 
     advisory council to be known as the ``Great Sand Dunes 
     National Park Advisory Council''.
       (b) Duties.--The Advisory Council shall advise the 
     Secretary with respect to the preparation and implementation 
     of a management plan for the national park and the preserve.
       (c) Members.--The Advisory Council shall consist of 10 
     members to be appointed by the Secretary, as follows:
       (1) one member of, or nominated by, the Alamosa County 
     Commission.
       (2) one member of, or nominated by, the Saguache County 
     Commission.
       (3) one member of, or nominated by, the Friends of the 
     Dunes Organization.
       (4) 4 members residing in, or within reasonable proximity 
     to, the San Luis Valley and 3 of the general public, all of 
     who have recognized backgrounds reflecting--
       (A) the purposes for which the national park and the 
     preserve are established; and
       (B) the interests of persons that will be affected by the 
     planning and management of the national park and the 
     preserve.
       (d) Applicable Law.--The Advisory Council shall function in 
     accordance with the Federal Advisory Committee Act (5 U.S.C. 
     App.) and other applicable laws.
       (e) Vacancy.--A vacancy on the Advisory Council shall be 
     filled in the same manner as the original appointment.
       (f) Chairperson.--The Advisory Council shall elect a 
     chairperson and shall establish such rules and procedures as 
     it deems necessary or desirable.
       (g) No Compensation.--Members of the Advisory Council shall 
     serve without compensation.
       (h) Termination.--The Advisory Council shall terminate upon 
     the completion of the management plan for the national park 
     and preserve.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2547), as amended, was read the third time and passed.
  The title was amended so as to read: ``A bill to provide for the 
establishment of the Great Sand Dunes National Park and Preserve and 
the Baca National Wildlife Refuge in the State of Colorado, and for 
other purposes.''

                          ____________________



    HERMANN MONUMENT AND HERMANN HEIGHTS PARK IN NEW ULM, MINNESOTA

  The Senate proceeded to consider the resolution (H. Con. Res. 89) 
recognizing the Hermann Monument and Hermann Heights Park in New Ulm, 
Minnesota, as a national symbol of the contributions of Americans of 
German heritage.
  The resolution (H. Con. Res. 89) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                            H. Con. Res. 89

       Whereas there are currently more than 57,900,000 
     individuals of German heritage residing in the United States, 
     who comprise nearly 25 percent of the population of the 
     United States and are therefore the largest ethnic group in 
     the United States;
       Whereas those of German heritage are not merely descendants 
     of one political entity, but of all German speaking areas;
       Whereas numerous Americans of German heritage have made 
     countless contributions to American culture, arts, and 
     industry, the American military, and American government;
       Whereas there is no recognized tangible, national symbol 
     dedicated to German Americans and their positive 
     contributions to the United States;
       Whereas the story of Hermann the Cheruscan parallels that 
     of the American Founding Fathers, because he was a freedom 
     fighter who united ancient German tribes in order to shed the 
     yoke of Roman tyranny and preserve freedom for the territory 
     of present-day Germany;
       Whereas the Hermann Monument located in Hermann Heights 
     Park in New Ulm, Minnesota, was dedicated in 1897 in honor of 
     the spirit of freedom and later dedicated to all German 
     immigrants who settled in New Ulm and elsewhere in the United 
     States; and
       Whereas the Hermann Monument has been recognized as a site 
     of special historical significance by the United States 
     Government, by placement on the National Register of Historic 
     Places: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Hermann Monument and Hermann Heights 
     Park in New Ulm, Minnesota, are recognized by the Congress to 
     be a national symbol for the contributions of Americans of 
     German heritage.

                          ____________________



       NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 1999

  The Senate proceeded to consider the bill (S. 1756) to enhance the 
ability of the National Laboratories to meet Department of Energy 
missions, and for other purposes, which had been reported by the 
Committee on Energy and Natural Resources with an amendment to strike 
out all after the enacting clause and insert the part printed in 
italic.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Laboratories 
     Partnership Improvement Act of 2000''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Department'' means the Department of Energy;
       (2) the term ``departmental mission'' means any of the 
     functions vested in the Secretary of Energy by the Department 
     of Energy Organization Act (42 U.S.C. 7101 et seq.) or other 
     law;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section

[[Page 20967]]

     1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1141(a));
       (4) the term ``National Laboratory'' means any of the 
     following institutions owned by the Department of Energy--
       (A) Argonne National Laboratory;
       (B) Brookhaven National Laboratory;
       (C) Idaho National Engineering and Environmental 
     Laboratory;
       (D) Lawrence Berkeley National Laboratory;
       (E) Lawrence Livermore National Laboratory;
       (F) Los Alamos National Laboratory;
       (G) National Renewable Energy Laboratory;
       (H) Oak Ridge National Laboratory;
       (I) Pacific Northwest National Laboratory; or
       (J) Sandia National Laboratory;
       (5) the term ``facility'' means any of the following 
     institutions owned by the Department of Energy--
       (A) Ames Laboratory;
       (B) East Tennessee Technology Park;
       (C) Environmental Measurement Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Kansas City Plant;
       (F) National Energy Technology Laboratory;
       (G) Nevada Test Site;
       (H) Princeton Plasma Physics Laboratory;
       (I) Savannah River Technology Center;
       (J) Stanford Linear Accelerator Center;
       (K) Thomas Jefferson National Accelerator Facility;
       (L) Waste Isolation Pilot Plant;
       (M) Y-12 facility at Oak Ridge National Laboratory; or
       (N) other similar organization of the Department designated 
     by the Secretary that engages in technology transfer, 
     partnering, or licensing activities;
       (6) the term ``nonprofit institution'' has the meaning 
     given such term in section 4 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3703(5));
       (7) the term ``Secretary'' means the Secretary of Energy;
       (8) the term ``small business concern'' has the meaning 
     given such term in section 3 of the Small Business Act (15 
     U.S.C. 632);
       (9) the term ``technology-related business concern'' means 
     a for-profit corporation, company, association, firm, 
     partnership, or small business concern that--
       (A) conducts scientific or engineering research,
       (B) develops new technologies,
       (C) manufacturers products based on new technologies, or
       (D) performs technological services;
       (10) the term ``technology cluster'' means a concentration 
     of--
       (A) technology-related business concerns;
       (B) institution of higher education; or
       (C) other nonprofit institutions,
     that reinforce each other's performance through formal or 
     informal relationships;
       (11) the term ``socially and economically disadvantaged 
     small business concerns'' has the meaning given such term in 
     section 8(a)(4) of the Small Business Act (15 U.S.C. 
     637(a)(4)); and
       (12) the term ``NNSA'' means the National Nuclear Security 
     Administration established by Title XXXII of National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65).

     SEC. 3. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

       (a) Establishment.--The Secretary, through the appropriate 
     officials of the Department, shall establish a Technology 
     Infrastructure Pilot Program in accordance with this section.
       (b) Purpose.--The purpose of the program shall be to 
     improve the ability of National Laboratories or facilities to 
     support departmental missions by--
       (1) stimulating the development of technology clusters that 
     can support the missions of the National Laboratories or 
     facilities;
       (2) improving the ability of National Laboratories or 
     facilities to leverage and benefit from commercial research, 
     technology, products, processes, and services; and
       (3) encouraging the exchange of scientific and 
     technological expertise between National Laboratories or 
     facilities and--
       (A) institutions of higher education,
       (B) technology-related business concerns,
       (C) nonprofit institutions, and
       (D) agencies of State, tribal, or local governments,

     that can support the missions of the National Laboratories 
     and facilities.
       (c) Pilot Program.--In each of the first three fiscal years 
     after the date of enactment of this section, the Secretary 
     may provide no more than $10,000,000, divided equally, among 
     no more than ten National Laboratories or facilities selected 
     by the Secretary to conduct Technology Infrastructure Program 
     Pilot Programs.
       (d) Projects.--The Secretary shall authorize the Director 
     of each National Laboratory or facility designated under 
     subsection (c) to implement the Technology Infrastructure 
     Pilot Program at such National Laboratory or facility through 
     projects that meet the requirements of subsections (e) and 
     (f).
       (e) Program Requirements.--Each project funded under this 
     section shall meet the following requirements:
       (1) Minimum participants.--Each project shall at a minimum 
     include--
       (A) a National Laboratory of facility; and
       (B) one of the following entities--
       (i) a business,
       (ii) an institution of higher education,
       (iii) a nonprofit institution, or
       (iv) an agency of a State, local, or tribal government.
       (2) Cost sharing.--
       (A) Minimum amount.--Not less than 50 percent of the costs 
     of each project funded under this section shall be provided 
     from non-Federal sources.
       (B) Qualified funding and resources.--
       (i) The calculation of costs paid by the non-Federal 
     sources to a project shall include cash, personnel, services, 
     equipment, and other resources expended on the project.
       (ii) Independent research and development expenses of 
     government contractors that qualify for reimbursement under 
     section 31-205-18(e) of the Federal Acquisition Regulations 
     issued pursuant to section 25(c)(1) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 421(c)(1)) may be credited 
     towards costs paid by non-Federal sources to a project, if 
     the expenses meet the other requirements of this section.
       (iii) No funds or other resources expended either before 
     the start of a project under this section or outside the 
     project's scope of work shall be credited toward the costs 
     paid by the non-Federal sources to the project.
       (3) Competitive selection.--All projects where a party 
     other than the Department or a National Laboratory or 
     facility receives funding under this section shall, to the 
     extent practicable, be competitively selected by the National 
     Laboratory or facility using procedures determined to be 
     appropriate by the Secretary or his designee.
       (4) Accounting standards.--Any participant receiving 
     funding under this section, other than a National Laboratory 
     or facility, may use generally accepted accounting principles 
     for maintaining accounts, books, and records relating to the 
     project.
       (5) Limitations.--No Federal funds shall be made available 
     under this section for--
       (A) construction; or
       (B) any project for more than five years.
       (f) Selection Criteria.--
       (1) Threshold funding criteria.--The Secretary shall 
     authorize the provision of Federal funds for projects under 
     this section only when the Director of the National 
     Laboratory or facility managing such a project determines 
     that the project is likely to improve the participating 
     National Laboratory or facility's ability to achieve 
     technical success in meeting departmental missions.
       (2) Additional criteria.--The Secretary shall also require 
     the Director of the National Laboratory or facility managing 
     a project under this section to consider the following 
     criteria in selecting a project to receive federal funds--
       (A) the potential of the project to succeed, based on its 
     technical merit, team members, management approach, 
     resources, and project plan;
       (B) to potential of the project to promote the development 
     of a commercially sustainable technology cluster, one that 
     will derive most of the demand for its products or services 
     from the private sector, that can support the missions of the 
     participating National Laboratory or facility;
       (C) the potential of the project to promote the use of 
     commercial research, technology, products, processes, and 
     services by the participating National Laboratory or facility 
     to achieve its departmental mission or the commercial 
     development of technological innovations made at the 
     participating National Laboratory or facility;
       (D) the commitment shown by non-Federal organizations to 
     the project, based primarily on the nature and amount of the 
     financial and other resources they will risk on the project;
       (E) the extent to which the project involves a wide variety 
     and number of institutions of higher education, nonprofit 
     institutions, and technology-related business concerns that 
     can support the missions of the participating National 
     Laboratory or facility and that will make substantive 
     contributions to achieving the goals of the project;
       (F) the extent of participation in the project by agencies 
     of State, tribal, or local governments that will make 
     substantive contributions to achieving the goals of the 
     project; and
       (G) the extent to which the project focuses on promoting 
     the development of technology-related business concerns that 
     are small business concerns or involves such small business 
     concerns substantively in the project.
       (3) Savings clause.--Nothing in this subsection shall limit 
     the Secretary from requiring the consideration of other 
     criteria, as appropriate, in determining whether projects 
     should be funded under this section.
       (g) Report to Congress on Full Implementation.--Not later 
     than 120 days after the start of the third fiscal year after 
     the date of enactment of this section, the Secretary shall 
     report to Congress on whether the Technology Infrastructure 
     Program should be continued beyond the pilot stage, and, if 
     so, how the fully implemented program should be managed. This 
     report shall take into consideration the results of the pilot 
     program to date the views of the relevant Directors of the 
     National laboratories and facilities. The report shall 
     include any proposals for legislation considered necessary by 
     the Secretary to fully implement the program.

     SEC. 4. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

       (a) Advocacy Function.--The Secretary shall direct the 
     Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to establish a small business advocacy function 
     that is organizationally independent of the procurement 
     function at the National Laboratory or facility. The person 
     or office vested with the small business advocacy function 
     shall--
       (1) work to increase the participation of small business 
     concerns, including socially and economically disadvantaged 
     small business concerns, in procurements, collaborative 
     research,

[[Page 20968]]

     technology licensing, and technology transfer activities 
     conducted by the National Laboratory or facility;
       (2) report to the Director of the National Laboratory or 
     facility on the actual participation of small business 
     concerns in procurements and collaborative research along 
     with recommendations, if appropriate, on how to improve 
     participation;
       (3) make available to small business concerns training, 
     mentoring, and clear, up-to-date information on how to 
     participate in the procurements and collaborative research, 
     including how to submit effective proposals;
       (4) increase the awareness inside the National Laboratory 
     or facility of the capabilities and opportunities presented 
     by small business concerns, and
       (5) establish guidelines for the program under subsection 
     (b) and report on the effectiveness of such program to the 
     Director of the National Laboratory or facility.
       (b) Establishment of Small Business Assistance Program.--
     The Secretary shall direct the Director of each National 
     Laboratory, and may direct the Director of each facility the 
     Secretary determines to be appropriate, to establish a 
     program to provide small business concerns--
       (1) assistance directed at making them more effective and 
     efficient subcontractors or suppliers to the National 
     Laboratory or facility; or
       (2) general technical assistance, the cost of which shall 
     not exceed $10,000 per instance of assistance, to improve the 
     small business concern's products or services.
       (c) Use of Funds.--None of the funds expended under 
     subsection (b) may be used for direct grants to the small 
     business concerns.

     SEC. 5. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (a) Appointment of Ombudsman.--The Secretary shall direct 
     the Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to appoint a technology partnership ombudsman to 
     hear and help resolve complaints from outside organizations 
     regarding each laboratory's policies and actions with respect 
     to technology partnerships (including cooperative research 
     and development agreements), patents, and technology 
     licensing. Each ombudsman shall--
       (1) be a senior official of the National Laboratory or 
     facility who is not involved in day-to-day technology 
     partnerships, patents, or technology licensing, or, if 
     appointed from outside the laboratory, function as such a 
     senior official; and
       (2) have direct access to the Director of the National 
     Laboratory or facility.
       (b) Duties.--Each ombudsman shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     laboratory regarding technology partnerships, patents, and 
     technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution techniques such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report, through the Director of the National Laboratory 
     or facility, to the Department annually on the number and 
     nature of complaints and disputes raised, along with 
     ombudsman's assessment of their resolution, consistent with 
     the protection of confidential and sensitive information.
       (c) Dual Appointment.--A person vested with the small 
     business advocacy function of section 4 may also serve as the 
     technology partnership ombudsman.

     SEC. 6. STUDIES RELATED TO IMPROVING MISSION EFFECTIVENESS, 
                   PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT 
                   NATIONAL LABORATORIES.

       (a) Studies.--The Secretary shall direct the Laboratory 
     Operations Board to study and report to him, not later than 
     one year after the date of enactment of this section, on the 
     following topics.
       (1) the possible benefits from the need for policies and 
     procedures to facilitate the transfer of scientific, 
     technical, and professional personnel among National 
     Laboratories and facilities; and
       (2) the possible benefits from and need for changes in--
       (A) the indemnification requirements for patents or other 
     intellectual property licensed from a National Laboratory or 
     facility;
       (B) the royalty and fee schedules and types of compensation 
     that may be used for patents or other intellectual property 
     licensed to a small business concern from a National 
     Laboratory or facility;
       (C) the licensing procedures and requirements for patents 
     and other intellectual property;
       (D) the rights given to small business concern that has 
     licensed a patent or other intellectual property from a 
     National Laboratory or facility to bring suit against third 
     parties infringing such intellectual property;
       (E) the advance funding requirements for small business 
     concern funding a project at a National Laboratory or 
     facility through a Funds-In-Agreement;
       (F) the intellectual property rights allocated to a 
     business when it is funding a project at a National 
     Laboratory or facility through a Funds-In-Agreement; and
       (G) policies on royalty payments to inventors employed by a 
     contractor-operated National Laboratory or facility, 
     including those for inventions made under a Funds-In-
     Agreement.
       (b) Definition.--For the purposes of this section, the term 
     ``Funds-In-Agreement'' means a contract between the 
     Department and a non-Federal organization where that 
     organization pays the Department to provide a service or 
     material not otherwise available in the domestic private 
     sector.
       (c) Report to Congress.--Not later than one month after 
     receiving the report under subsection (a), the Secretary 
     transmit the report, along with this recommendations for 
     action and proposals for legislation to implement the 
     recommendations, to Congress.

     SEC. 7. OTHER TRANSACTIONS AUTHORITY.

       (a) New Authority.--Section 646 of the Department of Energy 
     Organization Act (42 U.S.C. 7256) is amended by adding at the 
     end the following new subsection:
       ``(g) Other Transactions Authority.--(1) In addition to 
     other authorities granted to the Secretary to enter into 
     procurement contracts, leases, cooperative agreements, 
     grants, and other similar arrangements, the Secretary may 
     enter into other transactions with public agencies, private 
     organizations, or persons on such terms as the Secretary may 
     deem appropriate in furtherance of basic, applied, and 
     advanced research functions now or hereafter vested in the 
     Secretary. Such other transactions shall not be subject to 
     the provisions of section 9 of the Federal Nonnuclear Energy 
     Research and Development Act of 1974 (42 U.S.C. 5908.)
       ``(2)(A) The Secretary of Energy shall ensure that--
       ``(i) to the maximum extent practicable, no transaction 
     entered into under paragraph (1) provides for research that 
     duplicates research being conducted under existing programs 
     carried out by the Department of Energy; and
       ``(ii) to the extent that the Secretary determines 
     practicable, the funds provided by the Government under a 
     transaction authorized by paragraph (1) do not exceed the 
     total amount provided by other parties to the transaction.
       ``(B) A transaction authorized by paragraph (1) may be used 
     for a research project when the use of a standard contract, 
     grant, or cooperative agreement for such project is not 
     feasible or appropriate.
       ``(3)(A) The Secretary shall not disclose any trade secret 
     or commercial or financial information submitted by a non-
     Federal entity under paragraph (1) that is privileged and 
     confidential.
       ``(B) The Secretary shall not disclose, for five years 
     after the date the information is received, any other 
     information submitted by a non-Federal entity under paragraph 
     (1), including any proposal, proposal abstract, document 
     supporting a proposal, business plan, or technical 
     information that is privileged and confidential.
       ``(C) The Secretary may protect from disclosure, for up to 
     five years, any information developed pursuant to a 
     transaction under paragraph (1) that would be protected from 
     disclosure under section 552(b)(4) of title 5, United States 
     Code, if obtained from a person other than a Federal 
     agency.''.
       (b) Implementation.--Not later than six months after the 
     date of enactment of this section, the Department shall 
     establish guidelines for the use of other transactions. Other 
     transactions shall be made available, if needed, in order to 
     implement projects funded under section 3.

     SEC. 8. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE.

       All actions taken by the Secretary in carrying out this Act 
     with respect to National Laboratories and facilities that are 
     part of the NNSA shall be through the Administrator for 
     Nuclear Security in accordance with the requirements of Title 
     XXXII of National Defense Authorization Act of Fiscal Year 
     2000.

     SEC. 9. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR 
                   GOVERNMENT-OWNED, CONTRACTOR-OPERATED 
                   LABORATORIES.

       (a) Strategic Plans.--Subsection (a) of section 12 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a) is amended by striking ``joint work statement,'' and 
     inserting ``joint work statement or, if permitted by the 
     agency, in an agency-approved annual strategic plan,''.
       (b) Experimental Federal Waivers.--Subsection (b) of that 
     section is amended by adding at the end the following new 
     paragraph:
       ``(6)(A) In the case of a Department of Energy laboratory, 
     a designated official of the Department of Energy may waive 
     any license retained by the Government under paragraph 
     (1)(A), (2), or (3)(D), in whole or in part and according to 
     negotiated terms and conditions, if the designated official 
     finds that the retention of the license by the Department of 
     Energy would substantially inhibit the commercialization of 
     an invention that would otherwise serve an important federal 
     mission.
       ``(B) The authority to grant a waiver under subparagraph 
     (A) shall expire on the date that is 5 years after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2001.
       ``(C) The expiration under subparagraph (B) of authority to 
     grant a waiver under subparagraph (A) shall not effect any 
     waiver granted under subparagraph (A) before the expiration 
     of such authority.''.
       (c) Time Required for Approval.--Subsection (c)(5) of that 
     section is amended--
       (1) by striking subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (3) in subparagraph (C) as so redesignated--
       (A) in clause (i)--
       (i) by striking ``with a small business firm''; and

[[Page 20969]]

       (ii) by inserting ``if'' after ``statement''; and
       (B) by adding at the end the following new clauses:
       ``(iv) Any agency that has contracted with a non-Federal 
     entity to operate a laboratory may develop and provide to 
     such laboratory one or more model cooperative research and 
     development agreements, for the purposes of standardizing 
     practices and procedures, resolving common legal issues, and 
     enabling review of cooperative research and development 
     agreements to be carried out in a routine and prompt manner.
       ``(v) A Federal agency may waive the requirements of clause 
     (i) or (ii) under such circumstances as the agency considers 
     appropriate. However, the agency may not take longer than 30 
     days to review and approve, request modifications to, or 
     disapprove any proposed agreement or joint work statement 
     that it elects to receive.''.

     SEC. 10. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL 
                   NUCLEAR SECURITY ADMINISTRATION.

       (a) Objective for Obligation of Funds.--It shall be an 
     objective of the Administrator of the National Nuclear 
     Security Administration to obligate funds for cooperative 
     research and development agreements (as that term is defined 
     in section 12(d)(1) of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar 
     cooperative, cost-shared research partnerships with non-
     Federal organizations, in a fiscal year covered by subsection 
     (b) in an amount at least equal to the percentage of the 
     total amount appropriated for the Administration for such 
     fiscal year that is specified for such fiscal year under 
     subsection (b).
       (b) Fiscal Year Percentages.--The percentages of funds 
     appropriated for the National Nuclear Security Administration 
     that are obligated in accordance with the objective under 
     subsection (a) are as follows:
       (1) In each of fiscal years 2001 and 2002, 0.5 percent.
       (2) In any fiscal year after fiscal year 2002, the 
     percentage recommend by the Administrator for each such 
     fiscal year in the report under subsection (c).
       (c) Recommendtions for Percentages in Later Fiscal Years.--
     Not later than one year after the date of the enactment of 
     this Act, the Administrator shall submit to the congressional 
     defense committees a report setting forth the Administrator's 
     recommendations for appropriate percentages of funds 
     appropriated for the National Nuclear Security Administration 
     to be obligated for agreements described in subsection (a) 
     during each fiscal year covered by the report.
       (d) Consistency of Agreements.--Any agreement entered into 
     under this section shall be consistent with and in support of 
     the mission of the National Nuclear Security Administration.
       (e) Reports on Achievement of Objective.--(1) Not later 
     than March 30, 2002, and each year thereafter, the 
     Administrator shall submit to the congressional defense 
     committees a report on whether funds of the National Nuclear 
     Security Administration were obligated in the fiscal year 
     ending in the preceding year in accordance with the objective 
     for such fiscal year under this section.
       (2) If funds were not obligated in a fiscal year in 
     accordance with the objective under this section for such 
     fiscal year, the report under paragraph (1) shall--
       (A) describe the actions the Administrator proposes to take 
     to ensure that the objective under this section for the 
     current fiscal year and future fiscal years will be met; and
       (B) include any recommendations for legislation required to 
     achieve such actions.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1756), as amended, was read the third time and passed.

                          ____________________



                              THE CALENDAR

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration, en bloc, of the following reported by the 
Energy Committee: Calendar No. 470, H.R. 1725; Calendar No. 632, S. 
1367; Calendar No. 795, S. 2439; Calendar No. 827, S. 2950; Calendar 
No. 850, S. 2691; Calendar No. 885, S. 2345; and Calendar No. 926, S. 
2331.
  I further ask unanimous consent that any committee amendments be 
agreed to, where appropriate, and the following amendments at the desk: 
amendment No. 4290 to H.R. 1725; amendment No. 4291 to S. 1367; 
amendment No. 4292 to S. 2439; amendment No. 4293 to S. 2950; amendment 
No. 4294 to S. 2691; amendment No. 4295 to S. 2345; and amendment No. 
4296 to S. 2331 be agreed to, the bills, as amended, be read the third 
time, passed, and any title amendment be agreed to, the motions to 
reconsider be laid upon the table, with no intervening action, and that 
any statements thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                      MIWALETA PARK EXPANSION ACT

  The Senate proceeded to consider the bill (H.R. 1725) to provide for 
the conveyance by the Bureau of Land Management to Douglas County, OR, 
of a county park and certain adjacent land.


                           amendment no. 4290

(Purpose: To add clarifying language related to management of conveyed 
                                 lands)

       On page 3, beginning on line 6 strike Section 2(b)(1) and 
     insert:
       ``(1) In general.--After conveyance of land under 
     subsection (a), the County shall manage the land for public 
     park purposes consistent with the plan for expansion of the 
     Miwaleta Park as approved in the Decision Record for 
     Galesville Campground, EA #OR110-99-01, dated September 17, 
     1999.''.
       Section 2(b)(2)(A) strike ``purposes--'' and insert: 
     ``purposes as described in paragraph 2(b)(1)--''.

  The amendment (No. 4290) was agreed to.
  The bill (H.R. 1725), as amended, was read the third time and passed.

                          ____________________



           SAINT-GAUDENS NATIONAL HISTORIC SITE MODIFICATIONS

  The Senate proceeded to consider the bill (S. 1367) to amend the act 
which established the Saint-Gaudens National Historic Site, in the 
State of New Hampshire, by modifying the boundary and for other 
purposes, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to omit the parts in black 
brackets and insert the parts printed in italic.

                                S. 1367

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That [the 
     Act of August 31, 1964 (78 Stat. 749),] Public Law 88-543 (16 
     U.S.C. 461 (note)), which established Saint-Gaudens National 
     Historic Site is amended--
       (1) in section 3 by striking ``not to exceed sixty-four 
     acres of lands and interests therein'' and inserting ``215 
     acres of lands and buildings, or interests therein'';
       (2) in section 6 by striking ``$2,677,000'' from the first 
     sentence and inserting ``$10,632,000''; and
       (3) in section 6 by striking ``$80,000'' from the last 
     sentence and inserting ``$2,000,000''.


                           amendment no. 4291

            (Purpose: Technical and clarifying corrections)

       On page 2, line 3, strike ``215'' and insert in lieu 
     thereof ``279''.

  The amendment (No. 4291) was agreed to.
  The committee amendment was agreed to.
  The bill (S. 1367), as amended, was read the third time and passed, 
as follows:

                                S. 1367

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     Public Law 88-543 (16 U.S.C. 461 (note)), which established 
     Saint-Gaudens National Historic Site is amended--
       (1) in section 3 by striking ``not to exceed sixty-four 
     acres of lands and interests therein'' and inserting ``279 
     acres of lands and buildings, or interests therein'';
       (2) in section 6 by striking ``$2,677,000'' from the first 
     sentence and inserting ``$10,632,000''; and
       (3) in section 6 by striking ``$80,000'' from the last 
     sentence and inserting ``$2,000,000''.

                          ____________________



        CONSTRUCTION OF THE SOUTHEASTERN ALASKA INTERTIE SYSTEM

  The Senate proceeded to consider the bill (S. 2439) to authorize the 
appropriation of funds for the construction of the Southeastern Alaska 
Intertie system, and for other purposes.
  The amendment (No. 4292) was agreed to, as follows:


                           amendment no. 4292

   (Purpose: To limit the authorization for the Southeastern Alaska 
   Intertie and provide an authorization for Navajo electrification)

       Strike all after the enacting clause and insert the 
     following:
       ``That upon the completion and submission to the United 
     States Congress by the Forest Service of the ongoing High 
     Voltage Direct Current viability analysis pursuant to USFS 
     Collection Agreement #00CO-111005-105 or no later than 
     February 1, 2001, there is hereby authorized to be 
     appropriated to the Secretary of Energy such sums as may be 
     necessary to assist in the construction of the Southeastern 
     Alaska Intertie system as generally identified in Report #97-
     01 of the Southeast Conference. Such sums shall equal 80 
     percent of the cost of the system and may not exceed $384 
     million. Nothing in this Act shall be construed to limit or 
     waive any otherwise applicable State or Federal Law.

[[Page 20970]]



     ``SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRATION PROGRAM.

       ``(a) Establishment.--The Secretary of Energy shall 
     establish a five year program to assist the Navajo Nation to 
     meet its electricity needs. The purpose of the program shall 
     be to provide electric power to the estimated 18,000 occupied 
     structures on the Navajo Nation that lack electric power. The 
     goal of the program shall be to ensure that every household 
     on the Navajo Nation that requests it has access to a 
     reliable and affordable source of electricity by the year 
     2006.
       ``(b) Scope.--In order to meet the goal in subsection (a), 
     the Secretary of Energy shall provide grants to the Navajo 
     Nation to--
       ``(1) extend electric transmission and distribution lines 
     to new or existing structures that are not served by electric 
     power and do not have adequate electric power service;
       ``(2) purchase and install distributed power generating 
     facilities, including small gas turbines, fuel cells, solar 
     photovoltaic systems, solar thermal systems, geothermal 
     systems, wind power systems, or biomass-fueled systems;
       ``(3) purchase and install other equipment associated with 
     the generation, transmission, distribution, and storage of 
     electric power; or
       ``(4) provide training in the installation operation, or 
     maintenance of the lines, facilities, or equipment in 
     paragraphs (1) through (3); or
       ``(5) support other activities that the Secretary of Energy 
     determines are necessary to met the goal of the program.
       ``(c) Technical Support.--At the request of the Navajo 
     Nation, the Secretary of Energy may provide technical support 
     through Department of Energy laboratories and facilities to 
     the Navajo Nation to assist in achieving the goal of this 
     program.
       ``(d) Annual Reports.--Not later than February 1, 2002 and 
     for each of the five succeeding years, the Secretary of 
     Energy shall submit a report to Congress on the status of the 
     programs and the progress towards meeting its goal under 
     subsection (a).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Energy to 
     carry out this section $15,000,000 for each of the fiscal 
     years 2002 through 2006.''

  The bill (S. 2439), as amended, was read the third time and passed, 
as follows:

                                S. 2439

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

     SECTION 1. SOUTHEASTERN ALASKA INTERTIE AUTHORIZATION LIMIT.

       Upon the completion and submission to the United States 
     Congress by the Forest Service of the ongoing High Voltage 
     Direct Current viability analysis pursuant to United States 
     Forest Service Collection Agreement #00CO-111005-105 or no 
     later than February 1, 2001, there is hereby authorized to be 
     appropriated to the Secretary of Energy such sums as may be 
     necessary to assist in the construction of the Southeastern 
     Alaska Intertie system as generally identified in Report #97-
     01 of the Southeast Conference. Such sums shall equal 80 
     percent of the cost of the system and may not exceed 
     $384,000,000. Nothing in this Act shall be construed to limit 
     or waive any otherwise applicable State or Federal law.

     SEC. 2. NAVAJO ELECTRIFICATION DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary of Energy shall establish 
     a 5-year program to assist the Navajo nation to meet its 
     electricity needs. The purpose of the program shall be to 
     provide electric power to the estimated 18,000 occupied 
     structures on the Navajo Nation that lack electric power. The 
     goal of the program shall be to ensure that every household 
     on the Navajo Nation that requests it has access to a 
     reliable and affordable source of electricity by the year 
     2006.
       (b) Scope.--In order to meet the goal in subsection (a), 
     the Secretary of Energy shall provide grants to the Navajo 
     Nation to--
       (1) extend electric transmission and distribution lines to 
     new or existing structures that are not served by electric 
     power and do not have adequate electric power service;
       (2) purchase and install distributed power generating 
     facilities, including small gas turbines, fuel cells, solar 
     photovoltaic systems, solar thermal systems, geothermal 
     systems, wind power systems, or biomass-fueled systems;
       (3) purchase and install other equipment associated with 
     the generation, transmission, distribution, and storage of 
     electric power;
       (4) provide training in the installation, operation, or 
     maintenance of the lines, facilities, or equipment in 
     paragraphs (1) through (3); or
       (5) support other activities that the Secretary of Energy 
     determines are necessary to meet the goal of the program.
       (c) Technical Support.--At the request of the Navajo 
     Nation, the Secretary of Energy may provide technical support 
     through Department of Energy laboratories and facilities to 
     the Navajo Nation to assist in achieving the goal of this 
     program.
       (d) Annual Reports.--Not later than February 1, 2002 and 
     for each of the five succeeding years, the Secretary of 
     Energy shall submit a report to Congress on the status of the 
     programs and the progress towards meeting its goal under 
     subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section $15,000,000 for each of the fiscal years 2002 
     through 2006.

                          ____________________



  SAND CREEK MASSACRE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 2000

  The Senate proceeded to consider the bill (S. 2950) to authorize the 
Secretary of the Interior to establish the Sand Creek Massacre National 
Historic Site in the State of Colorado, which had been reported from 
the Committee on Energy and Natural Resources with amendments to omit 
the parts in black brackets and insert the parts printed in italic.

                                S. 2950

       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 ``Sand Creek Massacre National 
     Historic Site Establishment Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on November 29, 1864, a peaceful village of Cheyenne 
     and [Northern and Southern] Arapaho [Indians] Indians under 
     the leadership of Chief Black Kettle, along Sand Creek in 
     southeastern Colorado territory was attacked by approximately 
     700 volunteer soldiers commanded by Colonel John M. 
     Chivington;
       (2) more than 150 Cheyenne and Arapaho were killed in the 
     attack, most of whom were women, children, or elderly;
       (3) during the massacre and the following day, the soldiers 
     committed atrocities on the dead before withdrawing from the 
     field;
       (4) the site of the Sand Creek Massacre is of great 
     significance[,] to descendants of the victims of the massacre 
     and their respective tribes, for the commemoration of 
     ancestors at the site;
       (5) the site is a reminder of the tragic extremes sometimes 
     reached in the 500 years of conflict between Native Americans 
     and people of European and other origins concerning the land 
     that now comprises the United States;
       (6) Congress, in enacting the Sand Creek Massacre National 
     Historic Site Study Act of 1998 (Public Law 105-243; 112 
     Stat. 1579), directed the National Park Service to complete a 
     resources study of the site;
       (7) the study completed under that Act--
       (A) identified the location and extent of the area in which 
     the massacre took place; and
       (B) confirmed the national significance, suitability, and 
     feasibility of, and evaluated management options for, that 
     area, including designation of the site as a unit of the 
     National Park System; and
       (8) the study included an evaluation of environmental 
     impacts and preliminary cost estimates for facility 
     development, administration, and necessary land acquisition.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the importance of the Sand Creek Massacre 
     as--
       (A) a nationally significant element of frontier military 
     and Native American history; and
       (B) a symbol of the struggles of Native American tribes to 
     maintain their way of life on ancestral land;
       (2) to authorize, on acquisition of sufficient land, the 
     establishment of the site of the Sand Creek Massacre as a 
     national historic site; and
       (3) to provide opportunities for [tribes] for the tribes 
     and the State to be involved in the formulation of general 
     management plans and educational programs for the national 
     historic site.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Descendant.--The term ``descendant'' means a member of 
     a tribe, an ancestor of whom was injured or killed in, or 
     otherwise affected by, the Sand Creek Massacre.
       (2) Management plan.--The term ``management plan'' means 
     the management plan required to be developed for the site 
     under section 7(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (4) Site.--The term ``site'' means the Sand Creek Massacre 
     National Historic Site established under section 4(a).
       (5) State.--The term ``State'' means the State of Colorado.
       (6) Tribe.--The term ``tribe'' means--
       (A) the [Cheyenne Tribe] Cheyenne and Arapaho Tribes of 
     Oklahoma;
       [(B) the Arapaho Tribe of Oklahoma;
       [(C)] (B) the Northern Cheyenne Tribe; or
       [(D)] (C) the Northern Arapaho Tribe.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--

[[Page 20971]]

       (1) Determination.--On a determination by the Secretary 
     that land described in subsection (b)(1) containing a 
     sufficient quantity of resources to provide for the 
     preservation, memorialization, commemoration, and 
     interpretation of the Sand Creek Massacre has been acquired 
     by the National Park Service, the Secretary shall establish 
     the Sand Creek Massacre National Historic Site, Colorado.
       (2) Publication.--The Secretary shall publish in the 
     Federal Register a notice of the determination of the 
     Secretary under paragraph (1).
       (b) Boundary.--
       (1) Map and acreage.--The site shall consist of 
     approximately 12,480 acres in Kiowa County, Colorado, the 
     site of the Sand Creek Massacre, as generally depicted on the 
     map entitled, ``Boundary of the Sand Creek Massacre Site'', 
     numbered, SAND 80,009 IR, and dated July 1, 2000.
       (2) Legal description.--The Secretary shall prepare a legal 
     description of the land and interests in land described in 
     paragraph (1).
       (3) Public availability.--The map prepared under paragraph 
     (1) and the legal description prepared under paragraph (2) 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Boundary revision.--The Secretary may, as necessary, 
     make minor revisions to the boundary of the site in 
     accordance with section 7(c) of the Land and Water 
     Conservation Act of 1965 (16 U.S.C. 460l-9(c)).

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary shall manage the site in 
     accordance with--
       (1) this Act;
       (2) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (39 Stat. 535; 16 U.S.C. 1 et seq.);
       (3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and
       (4) other laws generally applicable to management of units 
     of the National Park System.
       (b) Management.--The Secretary shall manage the site--
       (1) to protect and preserve the site, including--
       (A) the topographic features that the Secretary determines 
     are important to the site;
       (B) artifacts and other physical remains of the Sand Creek 
     Massacre; and
       (C) the cultural landscape of the site, in a manner that 
     preserves, as closely as practicable, the cultural landscape 
     of the site as it appeared at the time of the Sand Creek 
     Massacre;
       (2)(A) to interpret the natural and cultural resource 
     values associated with the site; and
       (B) provide for public understanding and appreciation of, 
     and preserve for future generations, those values; and
       (3) to memorialize, commemorate, and provide information to 
     visitors to the site to--
       (A) enhance cultural understanding about the site; and
       (B) assist in minimizing the chances of similar incidents 
     in the future.
       (c) Consultation and Training.--
       (1) In general.--In developing the management plan and 
     preparing educational programs for the public about the site, 
     the Secretary shall consult [with the] with and solicit 
     advice and recommendations from the tribes and the State.
       (2) Agreements.--The Secretary may enter into cooperative 
     agreements with the tribes (including boards, committees, 
     enterprises, and traditional leaders of the tribes) and the 
     State to carry out this Act.

     SEC. 6. ACQUISITION OF PROPERTY.

       (a) In General.--The Secretary may acquire land and 
     interests in land within the boundaries of the site--
       (1) through purchase (including purchase with donated or 
     appropriated funds) only from a willing seller; and
       (2) by donation, exchange, or other means, except that any 
     land or interest in land owned by the State (including a 
     political subdivision of the State) may be acquired only by 
     donation.
       [(b) Agriculture; Ranching.--The Secretary shall permit 
     traditional agricultural and ranching activities conducted at 
     the site on the date of enactment of this Act to continue on 
     privately owned land within the designated boundary of the 
     site in effect on the date of enactment of this Act.
       [(c)] (b) Priority for Acquisition.--The Secretary shall 
     give priority to the acquisition of land containing the 
     marker in existence on the date of enactment of this Act, 
     which states ``Sand Creek Battleground, November 29 and 30, 
     1864'', within the boundary of the site.
       [(d)] (c) Cost-Effectiveness.--
       (1) In general.--In acquiring land for the site, the 
     Secretary, to the maximum extent practicable, shall use cost-
     effective alternatives to Federal fee ownership, including--
       (A) the acquisition of conservation easements; and
       (B) other means of acquisition that are consistent with 
     local zoning requirements.
       (2) Support facilities.--A support facility for the site 
     that is not within the designated boundary of the site may be 
     located in Kiowa County, Colorado, subject to an agreement 
     between the Secretary and the Commissioners of Kiowa County, 
     Colorado.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--Not later than 5 years after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall prepare a management plan for the site.
       (b) Inclusions.--The management plan shall cover, at a 
     minimum--
       (1) measures for the preservation of the resources of the 
     site;
       (2) requirements for the type and extent of development and 
     use of the site, including, for each development--
       (A) the general location;
       (B) timing and implementation requirements; and
       (C) anticipated costs;
       (3) requirements for offsite support facilities in Kiowa 
     County;
       (4) identification of, and implementation commitments for, 
     visitor carrying capacities for all areas of the site;
       (5) opportunities for involvement by the tribes and the 
     State in the formulation of educational programs for the 
     site; and
       (6) opportunities for involvement by the tribes, the State, 
     and other local and national entities in the responsibilities 
     of developing and supporting the site.

     SEC. 8. SPECIAL NEEDS OF DESCENDANTS.

       (a) In General.--A descendant shall have [special] 
     reasonable rights of access to, and use of, federally 
     acquired land within the site, in accordance with the terms 
     and conditions of a written agreement between the Secretary 
     and the tribe of which the descendant is a member.
       (b) Commemorative Needs.--In addition to the rights 
     described in subsection (a), any [special] reasonable need of 
     a descendant shall be considered in park planning and 
     operations, especially with respect to commemorative 
     activities in designated areas within the site.

     SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL 
                   OBSERVANCE.

       (a) Access.--
       (1) In general.--The Secretary shall grant to any 
     descendant or other member of a tribe reasonable access to 
     federally acquired land within the site for the purpose of 
     carrying out a traditional, cultural, or historical 
     observance.
       (2) No fee.--The Secretary shall not charge any fee for 
     access granted under paragraph (1).
       [(b) Temporary Measures.--
       [(1) In general.--In addition to access granted under 
     subsection (a), the Secretary, on a request by a tribe, may 
     take such temporary measures as are necessary, regarding 1 or 
     more portions of federally acquired land within the site, to 
     protect the privacy of any traditional, cultural, or 
     historical observance of the tribe that is conducted on that 
     land.
       [(2) Duration; area.--A temporary measure under paragraph 
     (1) shall remain in effect only for the duration of, and with 
     respect to the area in the site that is involved in, the 
     carrying out of a traditional, cultural, or historical 
     observance under paragraph (1).]
       (b) Conditions of Access.--In granting access under 
     subsection (a), the Secretary shall temporarily close to the 
     general public one or more specific portions of the site in 
     order to protect the privacy of tribal members engaging in a 
     traditional, cultural, or historical observance in those 
     portions; and any such closure shall be made in a manner that 
     affects the smallest practicable area for the minimum period 
     necessary for the purposes described above.
       (c) Sand Creek Repatriation Site.--
       (1) In general.--The Secretary shall dedicate a portion of 
     the federally acquired land within the site to the 
     establishment and operation of a site at which certain items 
     referred to in paragraph (2) that are repatriated under the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 300 et seq.) or any other provision of law may be 
     interred, reinterred, preserved, or otherwise protected.
       (2) Acceptable items.--The items referred to in paragraph 
     (1) are any items associated with the Sand Creek Massacre, 
     such as--
       (A) Native American human remains;
       (B) associated funerary objects;
       (C) unassociated funerary objects;
       (D) sacred objects; and
       (E) objects of cultural patrimony.
       (d) Tribal Consultation.--In exercising any authority under 
     this section, the Secretary shall consult with, and solicit 
     advice and recommendations from, descendants and [tribes 
     located in the vicinity of the site.] the tribes.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The amendment (No. 4293) was agreed to, as follows:


                           amendment no. 4293

            (Purpose: Technical and clarifying corrections)

       On page 5, line 23, strike ``Boundary of the San Creek 
     Massacre Site'' and insert in lieu thereof ``Sand Creek 
     Massacre Historic Site''.
       On page 5, line 25, strike ``SAND 80,009 IR'' and insert in 
     lieu thereof ``SAND 80,013 IR''.


[[Page 20972]]


  The committee amendments were agreed to.
  The bill (S. 2950), as amended, was read the third time and passed, 
as follows:

                                S. 2950

       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 ``Sand Creek Massacre National 
     Historic Site Establishment Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on November 29, 1864, a peaceful village of Cheyenne 
     and Arapaho Indians under the leadership of Chief Black 
     Kettle, along Sand Creek in southeastern Colorado territory 
     was attacked by approximately 700 volunteer soldiers 
     commanded by Colonel John M. Chivington;
       (2) more than 150 Cheyenne and Arapaho were killed in the 
     attack, most of whom were women, children, or elderly;
       (3) during the massacre and the following day, the soldiers 
     committed atrocities on the dead before withdrawing from the 
     field;
       (4) the site of the Sand Creek Massacre is of great 
     significance to descendants of the victims of the massacre 
     and their respective tribes, for the commemoration of 
     ancestors at the site;
       (5) the site is a reminder of the tragic extremes sometimes 
     reached in the 500 years of conflict between Native Americans 
     and people of European and other origins concerning the land 
     that now comprises the United States;
       (6) Congress, in enacting the Sand Creek Massacre National 
     Historic Site Study Act of 1998 (Public Law 105-243; 112 
     Stat. 1579), directed the National Park Service to complete a 
     resources study of the site;
       (7) the study completed under that Act--
       (A) identified the location and extent of the area in which 
     the massacre took place; and
       (B) confirmed the national significance, suitability, and 
     feasibility of, and evaluated management options for, that 
     area, including designation of the site as a unit of the 
     National Park System; and
       (8) the study included an evaluation of environmental 
     impacts and preliminary cost estimates for facility 
     development, administration, and necessary land acquisition.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the importance of the Sand Creek Massacre 
     as--
       (A) a nationally significant element of frontier military 
     and Native American history; and
       (B) a symbol of the struggles of Native American tribes to 
     maintain their way of life on ancestral land;
       (2) to authorize, on acquisition of sufficient land, the 
     establishment of the site of the Sand Creek Massacre as a 
     national historic site; and
       (3) to provide opportunities for the tribes and the State 
     to be involved in the formulation of general management plans 
     and educational programs for the national historic site.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Descendant.--The term ``descendant'' means a member of 
     a tribe, an ancestor of whom was injured or killed in, or 
     otherwise affected by, the Sand Creek Massacre.
       (2) Management plan.--The term ``management plan'' means 
     the management plan required to be developed for the site 
     under section 7(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (4) Site.--The term ``site'' means the Sand Creek Massacre 
     National Historic Site established under section 4(a).
       (5) State.--The term ``State'' means the State of Colorado.
       (6) Tribe.--The term ``tribe'' means--
       (A) the Cheyenne and Arapaho Tribes of Oklahoma;
       (B) the Northern Cheyenne Tribe; or
       (C) the Northern Arapaho Tribe.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--
       (1) Determination.--On a determination by the Secretary 
     that land described in subsection (b)(1) containing a 
     sufficient quantity of resources to provide for the 
     preservation, memorialization, commemoration, and 
     interpretation of the Sand Creek Massacre has been acquired 
     by the National Park Service, the Secretary shall establish 
     the Sand Creek Massacre National Historic Site, Colorado.
       (2) Publication.--The Secretary shall publish in the 
     Federal Register a notice of the determination of the 
     Secretary under paragraph (1).
       (b) Boundary.--
       (1) Map and acreage.--The site shall consist of 
     approximately 12,480 acres in Kiowa County, Colorado, the 
     site of the Sand Creek Massacre, as generally depicted on the 
     map entitled, ``Sand Creek Massacre Historic Site'', 
     numbered, SAND 80,013 IR, and dated July 1, 2000.
       (2) Legal description.--The Secretary shall prepare a legal 
     description of the land and interests in land described in 
     paragraph (1).
       (3) Public availability.--The map prepared under paragraph 
     (1) and the legal description prepared under paragraph (2) 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Boundary revision.--The Secretary may, as necessary, 
     make minor revisions to the boundary of the site in 
     accordance with section 7(c) of the Land and Water 
     Conservation Act of 1965 (16 U.S.C. 460l-9(c)).

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary shall manage the site in 
     accordance with--
       (1) this Act;
       (2) the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (39 Stat. 535; 16 U.S.C. 1 et seq.);
       (3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and
       (4) other laws generally applicable to management of units 
     of the National Park System.
       (b) Management.--The Secretary shall manage the site--
       (1) to protect and preserve the site, including--
       (A) the topographic features that the Secretary determines 
     are important to the site;
       (B) artifacts and other physical remains of the Sand Creek 
     Massacre; and
       (C) the cultural landscape of the site, in a manner that 
     preserves, as closely as practicable, the cultural landscape 
     of the site as it appeared at the time of the Sand Creek 
     Massacre;
       (2)(A) to interpret the natural and cultural resource 
     values associated with the site; and
       (B) provide for public understanding and appreciation of, 
     and preserve for future generations, those values; and
       (3) to memorialize, commemorate, and provide information to 
     visitors to the site to--
       (A) enhance cultural understanding about the site; and
       (B) assist in minimizing the chances of similar incidents 
     in the future.
       (c) Consultation and Training.--
       (1) In general.--In developing the management plan and 
     preparing educational programs for the public about the site, 
     the Secretary shall consult with and solicit advice and 
     recommendations from the tribes and the State.
       (2) Agreements.--The Secretary may enter into cooperative 
     agreements with the tribes (including boards, committees, 
     enterprises, and traditional leaders of the tribes) and the 
     State to carry out this Act.

     SEC. 6. ACQUISITION OF PROPERTY.

       (a) In General.--The Secretary may acquire land and 
     interests in land within the boundaries of the site--
       (1) through purchase (including purchase with donated or 
     appropriated funds) only from a willing seller; and
       (2) by donation, exchange, or other means, except that any 
     land or interest in land owned by the State (including a 
     political subdivision of the State) may be acquired only by 
     donation.
       (b) Priority for Acquisition.--The Secretary shall give 
     priority to the acquisition of land containing the marker in 
     existence on the date of enactment of this Act, which states 
     ``Sand Creek Battleground, November 29 and 30, 1864'', within 
     the boundary of the site.
       (c) Cost-Effectiveness.--
       (1) In general.--In acquiring land for the site, the 
     Secretary, to the maximum extent practicable, shall use cost-
     effective alternatives to Federal fee ownership, including--
       (A) the acquisition of conservation easements; and
       (B) other means of acquisition that are consistent with 
     local zoning requirements.
       (2) Support facilities.--A support facility for the site 
     that is not within the designated boundary of the site may be 
     located in Kiowa County, Colorado, subject to an agreement 
     between the Secretary and the Commissioners of Kiowa County, 
     Colorado.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--Not later than 5 years after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall prepare a management plan for the site.
       (b) Inclusions.--The management plan shall cover, at a 
     minimum--
       (1) measures for the preservation of the resources of the 
     site;
       (2) requirements for the type and extent of development and 
     use of the site, including, for each development--
       (A) the general location;
       (B) timing and implementation requirements; and
       (C) anticipated costs;
       (3) requirements for offsite support facilities in Kiowa 
     County;
       (4) identification of, and implementation commitments for, 
     visitor carrying capacities for all areas of the site;
       (5) opportunities for involvement by the tribes and the 
     State in the formulation of educational programs for the 
     site; and
       (6) opportunities for involvement by the tribes, the State, 
     and other local and national entities in the responsibilities 
     of developing and supporting the site.

[[Page 20973]]



     SEC. 8. NEEDS OF DESCENDANTS.

       (a) In General.--A descendant shall have reasonable rights 
     of access to, and use of, federally acquired land within the 
     site, in accordance with the terms and conditions of a 
     written agreement between the Secretary and the tribe of 
     which the descendant is a member.
       (b) Commemorative Needs.--In addition to the rights 
     described in subsection (a), any reasonable need of a 
     descendant shall be considered in park planning and 
     operations, especially with respect to commemorative 
     activities in designated areas within the site.

     SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL 
                   OBSERVANCE.

       (a) Access.--
       (1) In general.--The Secretary shall grant to any 
     descendant or other member of a tribe reasonable access to 
     federally acquired land within the site for the purpose of 
     carrying out a traditional, cultural, or historical 
     observance.
       (2) No fee.--The Secretary shall not charge any fee for 
     access granted under paragraph (1).
       (b) Conditions of Access.--In granting access under 
     subsection (a), the Secretary shall temporarily close to the 
     general public one or more specific portions of the site in 
     order to protect the privacy of tribal members engaging in a 
     traditional, cultural, or historical observance in those 
     portions; and any such closure shall be made in a manner that 
     affects the smallest practicable area for the minimum period 
     necessary for the purposes described above.
       (c) Sand Creek Repatriation Site.--
       (1) In general.--The Secretary shall dedicate a portion of 
     the federally acquired land within the site to the 
     establishment and operation of a site at which certain items 
     referred to in paragraph (2) that are repatriated under the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 300 et seq.) or any other provision of law may be 
     interred, reinterred, preserved, or otherwise protected.
       (2) Acceptable items.--The items referred to in paragraph 
     (1) are any items associated with the Sand Creek Massacre, 
     such as--
       (A) Native American human remains;
       (B) associated funerary objects;
       (C) unassociated funerary objects;
       (D) sacred objects; and
       (E) objects of cultural patrimony.
       (d) Tribal Consultation.--In exercising any authority under 
     this section, the Secretary shall consult with, and solicit 
     advice and recommendations from, descendants and the tribes.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

                          ____________________



                   PROTECTIONS FOR LITTLE SANDY RIVER

  The Senate proceeded to consider the bill (S. 2691) to provide 
further protections for the watershed of the Little Sandy River as part 
of the Bull Run Watershed Management Unit, Oregon, and for other 
purposes, which had been reported from the Committee on Energy and 
Natural Resources with an amendment to insert the part printed in 
italic.

                                S. 2691

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

     SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE 
                   SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED 
                   MANAGEMENT UNIT, OREGON.

       (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking section 1 and inserting the following:

     ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT 
                   UNIT; DEFINITION OF SECRETARY.

       ``(a) Establishment.--
       ``(1) In general.--There is established, subject to valid 
     existing rights, a special resources management unit in the 
     State of Oregon comprising approximately 98,272 acres, as 
     depicted on a map dated May 2000, and entitled `Bull Run 
     Watershed Management Unit'.
       ``(2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Regional Forester-Pacific Northwest Region, Forest 
     Service, Department of Agriculture, and in the offices of the 
     State Director, Bureau of Land Management, Department of the 
     Interior.
       ``(3) Boundary adjustments.--Minor adjustments in the 
     boundaries of the unit may be made from time to time by the 
     Secretary after consultation with the city and appropriate 
     public notice and hearings.
       ``(b) Definition of Secretary.--In this Act, the term 
     `Secretary' means--
       ``(1) with respect to land administered by the Secretary of 
     Agriculture, the Secretary of Agriculture; and
       ``(2) with respect to land administered by the Secretary of 
     the Interior, the Secretary of the Interior.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking ``Secretary of Agriculture'' each place 
     it appears (except subsection (b) of section 1, as added by 
     subsection (a), and except in the amendments made by 
     paragraph (2)) and inserting ``Secretary''.
       (2) Applicable law.--
       (A) In general.--Section 2(a) of Public Law 95-200 (16 
     U.S.C. 482b note) is amended by striking ``applicable to 
     National Forest System lands'' and inserting ``applicable to 
     National Forest System land (in the case of land administered 
     by the Secretary of Agriculture) or applicable to land under 
     the administrative jurisdiction of the Bureau of Land 
     Management (in the case of land administered by the Secretary 
     of the Interior)''.
       (B) Management plans.--The first sentence of section 2(c) 
     of Public Law 95-200 (16 U.S.C. 482b note) is amended--
       (i) by striking ``subsection (a) and (b)'' and inserting 
     ``subsections (a) and (b)''; and
       (ii) by striking ``, through the maintenance'' and 
     inserting ``(in the case of land administered by the 
     Secretary of Agriculture) or section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712) (in the 
     case of land administered by the Secretary of the Interior), 
     through the maintenance''.

     SEC. 2. MANAGEMENT.

       (a) Timber Harvesting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees on Federal land in the 
     entire unit, as designated in section 1 and depicted on the 
     map referred to in that section.''.
       (b) Repeal of Management Exception.--The Oregon Resource 
     Conservation Act of 1996 (division B of Public Law 104-208) 
     is amended by striking section 606 (110 Stat. 3009-543).
       (c) Repeal of Duplicative Enactment.--Section 1026 of 
     division I of the Omnibus Parks and Public Lands Management 
     Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the 
     amendments made by that section are repealed.
       (d) Water Rights.--Nothing in this section strengthens, 
     diminishes, or has any other effect on water rights held by 
     any person or entity.

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Interior shall identify public domain lands within the 
     Medford, Roseburg, Eugene, Salem and Coos Bay Districts and 
     the Klamath Resource Area of the Lakeview District of the 
     Bureau of Land Management approximately equal in size and 
     condition as those lands identified in paragraph (a) but not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f). For purposes of this paragraph, ``public domain 
     lands'' shall have the meaning given the term ``public 
     lands'' in Section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. Sec. 1702), but excluding 
     therefrom any lands managed pursuant to the Act of August 28, 
     1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f) and those lands identified pursuant to paragraph 
     (b) become Oregon and California Railroad lands (O&C lands) 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration near the Bull Run 
     Management Unit.

  The amendment (No. 4294) was agreed to, as follows:


                           Amendment No. 4294

 (Purpose: The amendment replaces two sections of the bill to require 
      the Secretaries of Agriculture and Interior to complete an 
    administrative reclassification such that Oregon and California 
   Railroad lands within the area described in the Act become public 
domains lands not subject to distribution provisions, and to authorize 
     ecosystem restoration activities in Clackamas County, Oregon)

       Strike Section 3, through the end of the bill, and insert:

[[Page 20974]]



     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Within eighteen months of the date of enactment of this 
     Act, the Secretary of the Interior shall identify public 
     domain lands within the Medford, Roseburg, Eugene, Salem and 
     Coos Bay Districts and the Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management 
     approximately equal in size and condition as those lands 
     identified in paragraph (a) but not subject to the Act of 
     August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 
     U.S.C. Sec. 1181a-f). For purposes of this paragraph, 
     ``public domain lands'' shall have the meaning given the term 
     ``public lands'' in Section 103 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1702), but excluding 
     there from any lands managed pursuant to the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     1181a-f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 
     1181f) and those lands identified pursuant to paragraph (b) 
     become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (Public Law 93-205) near the Bull Run 
     Management Unit.

  The committee amendment was agreed to.
  The bill (S. 2691), as amended, was read the third time and passed, 
as follows:

                                S. 2691

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

     SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE 
                   SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED 
                   MANAGEMENT UNIT, OREGON.

       (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking section 1 and inserting the following:

     ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT 
                   UNIT; DEFINITION OF SECRETARY.

       ``(a) Establishment.--
       ``(1) In general.--There is established, subject to valid 
     existing rights, a special resources management unit in the 
     State of Oregon comprising approximately 98,272 acres, as 
     depicted on a map dated May 2000, and entitled `Bull Run 
     Watershed Management Unit'.
       ``(2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Regional Forester-Pacific Northwest Region, Forest 
     Service, Department of Agriculture, and in the offices of the 
     State Director, Bureau of Land Management, Department of the 
     Interior.
       ``(3) Boundary adjustments.--Minor adjustments in the 
     boundaries of the unit may be made from time to time by the 
     Secretary after consultation with the city and appropriate 
     public notice and hearings.
       ``(b) Definition of Secretary.--In this Act, the term 
     `Secretary' means--
       ``(1) with respect to land administered by the Secretary of 
     Agriculture, the Secretary of Agriculture; and
       ``(2) with respect to land administered by the Secretary of 
     the Interior, the Secretary of the Interior.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking ``Secretary of Agriculture'' each place 
     it appears (except subsection (b) of section 1, as added by 
     subsection (a), and except in the amendments made by 
     paragraph (2)) and inserting ``Secretary''.
       (2) Applicable law.--
       (A) In general.--Section 2(a) of Public Law 95-200 (16 
     U.S.C. 482b note) is amended by striking ``applicable to 
     National Forest System lands'' and inserting ``applicable to 
     National Forest System land (in the case of land administered 
     by the Secretary of Agriculture) or applicable to land under 
     the administrative jurisdiction of the Bureau of Land 
     Management (in the case of land administered by the Secretary 
     of the Interior)''.
       (B) Management plans.--The first sentence of section 2(c) 
     of Public Law 95-200 (16 U.S.C. 482b note) is amended--
       (i) by striking ``subsection (a) and (b)'' and inserting 
     ``subsections (a) and (b)''; and
       (ii) by striking ``, through the maintenance'' and 
     inserting ``(in the case of land administered by the 
     Secretary of Agriculture) or section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712) (in the 
     case of land administered by the Secretary of the Interior), 
     through the maintenance''.

     SEC. 2. MANAGEMENT.

       (a) Timber Harvesting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees on Federal land in the 
     entire unit, as designated in section 1 and depicted on the 
     map referred to in that section.''.
       (b) Repeal of Management Exception.--The Oregon Resource 
     Conservation Act of 1996 (division B of Public Law 104-208) 
     is amended by striking section 606 (110 Stat. 3009-543).
       (c) Repeal of Duplicative Enactment.--Section 1026 of 
     division I of the Omnibus Parks and Public Lands Management 
     Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the 
     amendments made by that section are repealed.
       (d) Water Rights.--Nothing in this section strengthens, 
     diminishes, or has any other effect on water rights held by 
     any person or entity.

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within 6 months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) 
     within the boundary of the special resources management area 
     described in section 1 of this Act.
       (b) Within 18 months of the date of enactment of this Act, 
     the Secretary of the Interior shall identify public domain 
     lands within the Medford, Roseburg, Eugene, Salem and Coos 
     Bay Districts and the Klamath Resource Area of the Lakeview 
     District of the Bureau of Land Management approximately equal 
     in size and condition as those lands identified in subsection 
     (a) but not subject to the Act of August 28, 1937 (chapter 
     876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181a-f). For 
     purposes of this subsection, ``public domain lands'' shall 
     have the meaning given the term ``public lands'' in section 
     103 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1702), but excluding therefrom any lands managed 
     pursuant to the Act of August 28, 1937 (chapter 876, title 
     II, 50 Stat. 875; 43 U.S.C. 1181a-f).
       (c) Within 2 years after the date of enactment of this Act, 
     the Secretary of the Interior shall submit to Congress and 
     publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to subsections (a) and (b) 
     of this section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to subsection (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 
     1181f) and those lands identified pursuant to subsection (b) 
     become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated 
     $10,000,000 under the provisions of section 323 of the FY 
     1999 Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (P.L. 93-205) near the Bull Run 
     Management Unit.

                          ____________________



               HARRIET TUBMAN SPECIAL RESOURCE STUDY ACT

  The Senate proceeded to consider the bill (S. 2345) to direct the 
Secretary of the Interior to conduct a special resource study 
concerning the preservation and public use of sites associated with 
Harriet Tubman located in Auburn, NY, and for other purposes, which had 
been reported from the Committee on Energy and Natural Resources with 
an amendment to strike out all after the enacting clause and insert the 
part printed in italic.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Harriet Tubman Special 
     Resource Study Act''.

     SEC. 2. FINDINGS.

       Congress finds that--

[[Page 20975]]

       (1) Harriet Tubman was born into slavery on a plantation in 
     Dorchester County, Maryland, in 1821;
       (2) in 1849, Harriet Tubman escaped the plantation on foot, 
     using the North Star for direction and following a route 
     through Maryland, Delaware, and Pennsylvania to Philadelpha, 
     where she gained her freedom;
       (3) Harriet Tubman is an important figure in the history of 
     the United States, and is most famous for her role as a 
     ``conductor'' on the Underground Railroad, in which, as a 
     fugitive slave, she helped hundreds of enslaved individuals 
     to esacape to freedom before and during the Civil War;
       (4) during the Civil War, Harriet Tubman served the Union 
     Army as a guide, spy, and nurse;
       (5) after the Civil War, Harriet Tubman was an advocate for 
     the education of black children;
       (6) Harriet Tubman settled in Auburn, New York, in 1857, 
     and lived there until 1913;
       (7) while in Auburn, Harriet Tubman dedicated her life to 
     caring selflessly and tirelessly for people who could not 
     care for themselves, was an influential member of the 
     community and an active member of the Thompson Memorial 
     A.M.E. Zion Church, and established a home for the elderly;
       (8) Harriet Tubman was a friend of William Henry Seward, 
     who served as the Governor of and a Senator from the State of 
     New York and as Secretary of State under President Abraham 
     Lincoln;
       (9) 4 sites in Auburn that directly relate to Harriet 
     Tubman and are listed on the National Register of Historic 
     Places are--
       (A) Harriet Tubman's home;
       (B) the Harriet Tubman Home for the Aged;
       (C) the Thompson Memorial A.M.E. Zion Church; and
       (D) Harriet Tubman Home for the Aged and William Henry 
     Seward's home in Auburn are national historic landmarks.

     SEC. 3. STUDY CONCERNING SITES IN AUBURN, NEW YORK, 
                   ASSOCIATED WITH HARRIET TUBMAN.

       (a) In General.--The Secretary of the Interior shall 
     conduct a special resource study of the national 
     significance, feasibility of long-term preservation, and 
     public use of the following sites associated with Harriet 
     Tubman:
       (1) Harriet Tubman's Birthplace, located on Greenbriar 
     Road, off of Route 50, in Dorchester County, Maryland.
       (2) Bazel Church, located 1 mile South of Greenbriar Road 
     in Cambridge, Maryland.
       (3) Harriet Tubman's home, located at 182 South Street, 
     Auburn, New York.
       (4) The Harriet Tubman Home for the Aged, located at 180 
     South Street, Auburn, New York.
       (5) The Thompson Memorial A.M.E. Zion Church, located at 33 
     Parker Street, Auburn, New York.
       (6) Harriet Tubman's grave at Port Hill Cemetery, located 
     at 19 Fort Street, Auburn, New York.
       (7) William Henry Seward's home, located at 33 South 
     Street, Auburn, New York.
       (b) Inclusion of Sites in the National Park System.--The 
     study under subsection (a) shall include an analysis and any 
     recommendations of the Secretary concerning the suitability 
     and feasibility of--
       (1) designating one or more of the sites specified in 
     subsection (a) as units of the National Park System; and
       (2) establishing a national heritage corridor that 
     incorporates the sites specified in subsection (a) and any 
     other sites associated with Harriet Tubman.
       (c) Study Guidelines.--In conducting the study authorized 
     by this Act, the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System contained in Section 8 of P.L. 91-383, as amended by 
     Section 303 of the National Park Omnibus Management Act 
     ((P.L. 105-391), 112 Stat. 3501).
       (d) Consultation.--In preparing and conducting the study 
     under subsection (a), the Secretary shall consult with--
       (1) the Governors of the States of Maryland and New York;
       (2) a member of the Board of County Commissioners of 
     Dorchester County, Maryland;
       (3) the Mayor of the city of Auburn, New York;
       (4) the owner of the sites specified in subsection (a); and
       (5) the appropriate representatives of--
       (A) the Thompson Memorial A.M.E. Zion Church;
       (B) the Bazel Church;
       (C) the Harriet Tubman Foundation; and
       (D) the Harriet Tubman Organization, Inc.
       (e) Report.--Not later than 2 years after the date on which 
     funds are made available for the study under subsection (a), 
     the Secretary shall submit to Congress a report describing 
     the results of the study.

  The amendment (No. 4295) was agreed to, as follows:


                           amendment no. 4295

               (Purpose: To make a technical correction)

       On page 7, line 24, strike ``Port Hill Cemetery,'' and 
     insert in lieu thereof ``Fort Hill Cemetery,''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2345), as amended, was read the third time and passed, 
as follows:

                                S. 2345

       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 ``Harriet Tubman Special 
     Resource Study Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Harriet Tubman was born into slavery on a plantation in 
     Dorchester County, Maryland, in 1821;
       (2) in 1849, Harriet Tubman escaped the plantation on foot, 
     using the North Star for direction and following a route 
     through Maryland, Delaware, and Pennsylvania to Philadelphia, 
     where she gained her freedom;
       (3) Harriet Tubman is an important figure in the history of 
     the United States, and is most famous for her role as a 
     ``conductor'' on the Underground Railroad, in which, as a 
     fugitive slave, she helped hundreds of enslaved individuals 
     to escape to freedom before and during the Civil War;
       (4) during the Civil War, Harriet Tubman served the Union 
     Army as a guide, spy, and nurse;
       (5) after the Civil War, Harriet Tubman was an advocate for 
     the education of black children;
       (6) Harriet Tubman settled in Auburn, New York, in 1857, 
     and lived there until 1913;
       (7) while in Auburn, Harriet Tubman dedicated her life to 
     caring selflessly and tirelessly for people who could not 
     care for themselves, was an influential member of the 
     community and an active member of the Thompson Memorial 
     A.M.E. Zion Church, and established a home for the elderly;
       (8) Harriet Tubman was a friend of William Henry Seward, 
     who served as the Governor of and a Senator from the State of 
     New York and as Secretary of State under President Abraham 
     Lincoln;
       (9) 4 sites in Auburn that directly relate to Harriet 
     Tubman and are listed on the National Register of Historic 
     Places are--
       (A) Harriet Tubman's home;
       (B) the Harriet Tubman Home for the Aged;
       (C) the Thompson Memorial A.M.E. Zion Church; and
       (D) Harriet Tubman Home for the Aged and William Henry 
     Seward's home in Auburn are national historic landmarks.

     SEC. 3. STUDY CONCERNING SITES IN AUBURN, NEW YORK, 
                   ASSOCIATED WITH HARRIET TUBMAN.

       (a) In General.--The Secretary of the Interior shall 
     conduct a special resource study of the national 
     significance, feasibility of long-term preservation, and 
     public use of the following sites associated with Harriet 
     Tubman:
       (1) Harriet Tubman's Birthplace, located on Greenbriar 
     Road, off of Route 50, in Dorchester County, Maryland.
       (2) Bazel Church, located 1 mile South of Greenbriar Road 
     in Cambridge, Maryland.
       (3) Harriet Tubman's home, located at 182 South Street, 
     Auburn, New York.
       (4) The Harriet Tubman Home for the Aged, located at 180 
     South Street, Auburn, New York.
       (5) The Thompson Memorial A.M.E. Zion Church, located at 33 
     Parker Street, Auburn, New York.
       (6) Harriet Tubman's grave at Fort Hill Cemetery, located 
     at 19 Fort Street, Auburn, New York.
       (7) William Henry Seward's home, located at 33 South 
     Street, Auburn, New York.
       (b) Inclusion of Sites in the National Park System.--The 
     study under subsection (a) shall include an analysis and any 
     recommendations of the Secretary concerning the suitability 
     and feasibility of--
       (1) designating one or more of the sites specified in 
     subsection (a) as units of the National Park System; and
       (2) establishing a national heritage corridor that 
     incorporates the sites specified in subsection (a) and any 
     other sites associated with Harriet Tubman.
       (c) Study Guidelines.--In conducting the study authorized 
     by this Act, the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System contained in Section 8 of P.L. 91-383, as amended by 
     Section 303 of the National Park Omnibus Management Act 
     ((P.L. 105-391), 112 Stat. 3501).
       (d) Consultation.--In preparing and conducting the study 
     under subsection (a), the Secretary shall consult with--
       (1) the Governors of the States of Maryland and New York;
       (2) a member of the Board of County Commissioners of 
     Dorchester County, Maryland;
       (3) the Mayor of the city of Auburn, New York;
       (4) the owner of the sites specified in subsection (a); and
       (5) the appropriate representatives of--
       (A) the Thompson Memorial A.M.E. Zion Church;
       (B) the Bazel Church;
       (C) the Harriet Tubman Foundation; and
       (D) the Harriet Tubman Organization, Inc.
       (e) Report.--Not later than 2 years after the date on which 
     funds are made available for the study under subsection (a), 
     the Secretary shall submit to Congress a report describing 
     the results of the study.




                          ____________________


[[Page 20976]]

      RECALCULATING FRANCHISE FEE OWED BY FORT SUMTER TOURS, INC.

  The Senate proceeded to consider the bill (S. 2331) to direct the 
Secretary of the Interior to recalculate the franchise fee owed by Fort 
Sumter Tours, Inc., a concessioner providing service to Fort Sumter 
National Monument, SC, which had been reported from the Committee on 
Energy and Natural Resources with an amendment to strike out all after 
the enacting clause and insert the part printed in italic.

     SECTION 1. ARBITRATION REQUIREMENT.

       The Secretary of the Interior (in this Act referred to as 
     the ``Secretary'') shall, upon the request of Fort Sumter 
     Tours, Inc. (in this Act referred to as the 
     ``Concessioner''), agree to binding arbitration to determine 
     the franchise fee payable under the contract executed on June 
     13, 1986, by the Concessioner and the National Park Service, 
     under which the Concessioner provides passenger boat service 
     to Fort Sumter National Monument in Charleston Harbor, South 
     Carolina (in this Act referred to as ``the Contract'').

     SEC. 2. APPOINTMENT OF THE ARBITRATOR.

       (a) Mutual Agreement.--Not later than 90 days after the 
     date of enactment of this Act, The Secretary and the 
     Concessioner shall jointly select a single arbitrator to 
     conduct the arbitration under this Act.
       (b) Failure To Agree.--If the Secretary and the 
     concessioner are unable to agree on the selection of a single 
     arbitrator within 90 days after the date of enactment of this 
     Act, within 30 days thereafter the Secretary and the 
     Concessioner shall each select an arbitrator, the two 
     arbitrators selected by the Secretary and the Concessioner 
     shall jointly select a third arbitrator, and the three 
     arbitrators shall jointly conduct the arbitration.
       (c) Qualifications.--Any arbitrator selected under either 
     subsection (a) or subsection (b) shall be a neutral who meets 
     the criteria of section 573 of title 5, United States Code.
       (d) Payment of Expenses.--The Secretary and the 
     Concessioner shall share equally the expenses of the 
     arbitration.
       (e) Definition.--As used in this Act, the term 
     ``arbitrator'' includes either a single arbitrator selected 
     under subsection (a) or a three-member panel of arbitrators 
     selected under (b).

     SEC. 3. SCOPE OF THE ARBITRATION.

       (a) Sole Issue To Be Decided.--The arbitrator shall 
     determine--
       (1) the appropriate amount of the franchise fee under the 
     Contract for the period from June 13, 1991, through December 
     31, 2000, in accordance with the terms of the Contract; and
       (2) any interest or penalties on the amount owed under 
     paragraph (1).
       (b) De Novo Decision.--The arbitrator shall not be bound by 
     any prior determination of the appropriate amount of the fee 
     by the Secretary.
       (c) Basis for Decision.--The arbitrator shall determine the 
     appropriate amount of the fee based upon the law in effect on 
     the effective date of the Contract and the terms of section 9 
     of the Contract.

     SEC. 4. EFFECT OF DECISION.

       (a) Retroactive Effect.--The amount of the fee determined 
     by the arbitrator under section 3(a) shall be retroactive to 
     June 13, 1991.
       (b) No Further Review.--Notwithstanding subchapter IV of 
     title 5, United States Code (commonly known as the 
     Administrative Dispute Resolution Act), the decision of the 
     arbitrator shall be final and conclusive upon the Secretary 
     and the Concessioner and shall not be subject to judicial 
     review.

     SEC. 5. GENERAL AUTHORITY.

       Except to the extent inconsistent with this Act, the 
     arbitration under this Act shall be conducted in accordance 
     with subchapter IV of title 5, United States Code.

     SEC. 6. ENFORCEMENT.

       A party aggrieved by the alleged failure, neglect, or 
     refusal of another to arbitrate under this Act, or by any 
     unreasonable delay in the appointment of the arbitrator or 
     the conduct of the arbitration, may petition the United 
     States District Court for the District of South Carolina or 
     the United States District Court for the District of Columbia 
     for an order directing that the arbitration proceed in the 
     manner provided by this Act.
         Amend the title to read: ``A bill to require the 
     Secretary of the Interior to submit the dispute over the 
     franchise fee owed by Fort Sumter Tours, Inc. to binding 
     arbitration.''.

  The amendment (No. 4296) was agreed to, as follows:


                           amendment no. 4296

       Strike all and insert the following:

     ``SECTION 1. ARBITRATION REQUIREMENT.

       ``The Secretary of the Interior (in this Act referred to as 
     the `Secretary') shall, upon the request of Fort Sumter 
     Tours, Inc. (in this Act referred to as the `Concessioner'), 
     agree to binding arbitration to determine the franchise fee 
     payable under the contract executed on June 13, 1986 by the 
     Concessioner and the National Park Service, under which the 
     Concessioner provides passenger boat service to Fort Sumter 
     National Monument in Charleston Harbor, South Carolina (in 
     this Act referred to as `the Contract').

     ``SEC. 2. APPOINTMENT OF THE ARBITRATOR.

       ``(a) Mutual Agreement.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary and the 
     Concessioner shall jointly select a single arbitrator to 
     conduct the arbitration under this Act.
       ``(b) Failure To Agree.--If the Secretary and the 
     Concessioner are unable to agree on the selection of a single 
     arbitrator within 30 days after the date of enactment of this 
     Act, within 30 days thereafter the Secretary and the 
     Concessioner shall each select an arbitrator, the two 
     arbitrators selected by the Secretary and the Concessioner 
     shall jointly select a third arbitrator, and the three 
     arbitrators shall jointly conduct the arbitration.
       ``(c) Qualifications.--Any arbitrator selected under either 
     subsection (a) or subsection (b) shall be a neutral who meets 
     the criteria of section 573 of title 5, United States Code.
       ``(d) Payment of Expenses.--The Secretary and the 
     Concessioner shall share equally the expenses of the 
     arbitration.
       ``(e) Definition.--As used in this Act, the term 
     `arbitrator' includes either a single arbitrator selected 
     under subsection (a) or a three-member panel of arbitrators 
     selected under subsection (b).

     ``SEC. 3. SCOPE OF THE ARBITRATION.

       ``(a) Sole Issues To Be Decided.--The arbitrator shall, 
     after affording the parties an opportunity to be heard in 
     accordance with section 579 of title 5, United States Code, 
     determine--
       ``(1) the appropriate amount of the franchise fee under the 
     Contract for the period from June 13, 1991 through December 
     31, 2000 in accordance with the terms of the Contract; and
       ``(2) any interest or penalties on the amount owed under 
     paragraph (1).
       ``(b) De Novo Decision.--The arbitrator shall not be bound 
     by an prior determination of the appropriate amount of the 
     fee by the Secretary or any prior court review thereof.
       ``(c) Basis for Decision.--The arbitrator shall determine 
     the appropriate amount of the fee based upon law in effect on 
     the effective date of the contract and the terms of the 
     Contract.

     ``SEC. 4. FINAL DECISION.

       ``The arbitrator shall issue a final decision not later 
     than 300 days after the date of enactment of this Act.

     ``SEC. 5. EFFECT OF DECISION.

       ``(a) Retroactive Effect.--The amount of the fee determined 
     by the arbitrator under section 3(a) shall be retroactive to 
     June 13, 1991.
       ``(b) No Further Review.--Notwithstanding subchapter IV of 
     title 5, United States Code (commonly known as the 
     Administrative Dispute Resolution Act), the decision of the 
     arbitrator shall be final and conclusive upon the Secretary 
     and the Concessioner and shall not be subject to judicial 
     review.

     ``SEC. 6. GENERAL AUTHORITY.

       ``Except to the extent inconsistent with this Act, the 
     arbitration under this Act shall be conducted in accordance 
     with subchapter IV of title 5, United States Code.''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2331), as amended, was read the third time and passed, 
as follows:

                                S. 2331

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

     SECTION. 1. ARBITRATION REQUIREMENT.

       The Secretary of the Interior (in this Act referred to as 
     the ``Secretary'') shall, upon the request of Fort Sumter 
     Tours, Inc. (in this Act referred to as the 
     ``Concessioner''), agree to binding arbitration to determine 
     the franchise fee payable under the contract executed on June 
     13, 1986 by the Concessioner and the National Park Service, 
     under which the Concessioner provides passenger boat service 
     to Fort Sumter National Monument in Charleston Harbor, South 
     Carolina (in this Act referred to as ``the Contract'').

     SEC. 2. APPOINTMENT OF THE ARBITRATOR.

       (a) Mutual Agreement.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary and the 
     Concessioner shall jointly select a single arbitrator to 
     conduct the arbitration under this Act.
       (b) Failure To Agree.--If the Secretary and the 
     Concessioner are unable to agree on the selection of a single 
     arbitrator within 30 days after the date of enactment of this 
     Act, within 30 days thereafter the Secretary and the 
     Concessioner shall each select an arbitrator, the two 
     arbitrators selected by the Secretary and the Concessioner 
     shall jointly select a third arbitrator, and the three 
     arbitrators shall jointly conduct the arbitration.
       (c) Qualifications.--Any arbitrator selected under either 
     subsection (a) or subsection (b) shall be a neutral who meets 
     the criteria of section 573 of title 5, United States Code.
       (d) Payment of Expenses.--The Secretary and the 
     Concessioner shall share equally the expenses of the 
     arbitration.
       (e) Definition.--As used in this Act, the term 
     ``arbitrator'' includes either a single arbitrator selected 
     under subsection (a) or a three-member panel of arbitrators 
     selected under subsection (b).

     SEC. 3. SCOPE OF THE ARBITRATION.

       (a) Sole Issues To Be Decided.--The arbitrator shall, after 
     affording the parties an

[[Page 20977]]

     opportunity to be heard in accordance with section 579 of 
     title 5, United States Code, determine--
       (1) the appropriate amount of the franchise fee under the 
     Contract for the period from June 13, 1991 through December 
     31, 2000 in accordance with the terms of the Contract; and
       (2) any interest or penalties on the amount owed under 
     paragraph (1).
       (b) De Novo Decision.--The arbitrator shall not be bound by 
     any prior determination of the appropriate amount of the fee 
     by the Secretary or any prior court review thereof.
       (c) Basis for Decision.--The arbitrator shall determine the 
     appropriate amount of the fee based upon the law in effect on 
     the effective date of the Contract and the terms of the 
     Contract.

     SEC. 4. FINAL DECISION.

       The arbitrator shall issue a final decision not later than 
     300 days after the date of enactment of this Act.

     SEC. 5. EFFECT OF DECISION.

       (a) Retroactive Effect.--The amount of the fee determined 
     by the arbitrator under section 3(a) shall be retroactive to 
     June 13, 1991.
       (b) No Further Review.--Notwithstanding subchapter IV of 
     title 5, United States Code (commonly known as the 
     Administrative Dispute Resolution Act), the decision of the 
     arbitrator shall be final and conclusive upon the Secretary 
     and the Concessioner and shall not be subject to judicial 
     review.

     SEC. 6. GENERAL AUTHORITY.

       Except to the extent inconsistent with this Act, the 
     arbitration under this Act shall be conducted in accordance 
     with subchapter IV of title 5, United States Code.
  The title was amended so as to read: ``A bill to require the 
Secretary of the Interior to submit the dispute over the franchise fee 
owed by Fort Sumter Tours, Inc. to binding arbitration.''.

                          ____________________



       MAKING TECHNICAL CORRECTIONS TO ENERGY POLICY ACT OF 1992

                                 ______
                                 

      DAYTON AVIATION HERITAGE PRESERVATION AMENDMENTS ACT OF 2000

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate 
proceed, en bloc, to the immediate consideration of the following items 
which are at the desk: H.R. 2641 and H.R. 5036.
  The PRESIDING OFFICER. The clerk will report the bills by title.
  The legislative clerk read as follows:

       A bill (H.R. 2641) to make technical corrections to title X 
     of the Energy Policy Act of 1992.
       A bill (H.R. 5036) to amend the Dayton Aviation Heritage 
     Preservation Act of 1992 to clarify the areas included in the 
     Dayton Aviation Heritage National Historical Park and to 
     authorize appropriations for that park.

  There being no objection, the Senate proceeded to consider the bills.
  Mr. MACK. Mr. President, I ask unanimous consent that the bills be 
read the third time, passed, and the motions to reconsider be laid upon 
the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bills (H.R. 2641 and H.R. 5036) were read the third time and 
passed.

                          ____________________



            UNANIMOUS CONSENT AGREEMENT--S. 1236 AND S. 1849

  Mr. MACK. Mr. President, I ask unanimous consent that it be in order 
for the Chair to lay before the Senate, en bloc, messages from the 
House on S. 1236 and S. 1849, that the Senate concur, en bloc, to the 
House amendment, and that the action be reconsidered and tabled.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                  ARROWROCK DAM HYDROELECTRIC PROJECT

  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1236) entitled 
     ``An Act to extend the deadline under the Federal Power Act 
     for commencement of the construction of the Arrowrock Dam 
     Hydroelectric Project in the State of Idaho'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY 
                   COMMISSION PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 4656, the Commission may, at the 
     request of the licensee for the project and after reasonable 
     notice, in accordance with the good faith, due diligence, and 
     public interest requirements of that section and the 
     Commission's procedures under that section, extend the time 
     period during which the licensee is required to commence the 
     construction of the project for three consecutive 2-year 
     periods.
       (b) Effective Date.--Subsection (a) shall take effect on 
     the date of the expiration of the extension issued by the 
     Commission prior to the date of the enactment of this Act 
     under section 13 of the Federal Power Act (16 U.S.C. 806).
       (c) Reinstatement of Expired License.--If the period 
     required for commencement of construction of the project 
     described in subsection (a) has expired prior to the date of 
     the enactment of this Act, the Commission shall reinstate the 
     license effective as of the date of its expiration and the 
     first extension authorized under subsection (a) shall take 
     effect on the date of such expiration.

  The Senate concurred in the amendment of the House.

                          ____________________



           WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1849) entitled 
     ``An Act to designate segments and tributaries of White Clay 
     Creek, Delaware and Pennsylvania, as a component of the 
     National Wild and Scenic Rivers System'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``White Clay Creek Wild and 
     Scenic Rivers System Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Public Law 102-215 (105 Stat. 1664) directed the 
     Secretary of the Interior, in cooperation and consultation 
     with appropriate State and local governments and affected 
     landowners, to conduct a study of the eligibility and 
     suitability of White Clay Creek, Delaware and Pennsylvania, 
     and the tributaries of the creek for inclusion in the 
     National Wild and Scenic Rivers System;
       (2) as a part of the study described in paragraph (1), the 
     White Clay Creek Wild and Scenic Study Task Force and the 
     National Park Service prepared a watershed management plan 
     for the study area entitled ``White Clay Creek and Its 
     Tributaries Watershed Management Plan'', dated May 1998, that 
     establishes goals and actions to ensure the long-term 
     protection of the outstanding values of, and compatible 
     management of land and water resources associated with, the 
     watershed; and
       (3) after completion of the study described in paragraph 
     (1), Chester County, Pennsylvania, New Castle County, 
     Delaware, Newark, Delaware, and 12 Pennsylvania 
     municipalities located within the watershed boundaries passed 
     resolutions that--
       (A) expressed support for the White Clay Creek Watershed 
     Management Plan;
       (B) expressed agreement to take action to implement the 
     goals of the Plan; and
       (C) endorsed the designation of the White Clay Creek and 
     the tributaries of the creek for inclusion in the National 
     Wild and Scenic Rivers System.

     SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following:
       ``(162) White Clay Creek, Delaware and Pennsylvania.--The 
     190 miles of river segments of White Clay Creek (including 
     tributaries of White Clay Creek and all second order 
     tributaries of the designated segments) in the States of 
     Delaware and Pennsylvania, as depicted on the recommended 
     designation and classification maps (dated June 2000), to be 
     administered by the Secretary of the Interior, as follows:
       ``(A) 30.8 miles of the east branch, including Trout Run, 
     beginning at the headwaters within West Marlborough township 
     downstream to a point that is 500 feet north of the Borough 
     of Avondale wastewater treatment facility, as a recreational 
     river.
       ``(B) 15.0 miles of the east branch beginning at the 
     southern boundary line of the Borough of Avondale to a point 
     where the East Branch enters New Garden Township at the 
     Franklin Township boundary line, including Walnut Run and 
     Broad Run outside the boundaries of the White Clay Creek 
     Preserve, as a recreational river.
       ``(C) 4.0 miles of the east branch that flow through the 
     boundaries of the White Clay Creek Preserve, Pennsylvania, 
     beginning at the northern boundary line of London Britain 
     township and downstream to the confluence of the middle and 
     east branches, as a scenic river.
       ``(D) 6.8 miles of the middle branch, beginning at the 
     headwaters within Londonderry township downstream to a point 
     that is 500 feet north of the Borough of West Grove 
     wastewater treatment facility, as a recreational river.
       ``(E) 14 miles of the middle branch, beginning at a point 
     that is 500 feet south of the Borough of West Grove 
     wastewater treatment facility downstream to the boundary of 
     the White Clay Creek Preserve in London Britain township, as 
     a recreational river.

[[Page 20978]]

       ``(F) 2.1 miles of the middle branch that flow within the 
     boundaries of the White Clay Creek Preserve in London Britain 
     township, as a scenic river.
       ``(G) 17.2 miles of the west branch, beginning at the 
     headwaters within Penn township downstream to the confluence 
     with the middle branch, as a recreational river.
       ``(H) 12.7 miles of the main stem, excluding Lamborn Run, 
     that flow through the boundaries of the White Clay Creek 
     Preserve, Pennsylvania and Delaware, and White Clay Creek 
     State Park, Delaware, beginning at the confluence of the east 
     and middle branches in London Britain township, Pennsylvania, 
     downstream to the northern boundary line of the city of 
     Newark, Delaware, as a scenic river.
       ``(I) 5.4 miles of the main stem (including all second 
     order tributaries outside the boundaries of the White Clay 
     Creek Preserve and White Clay Creek State Park), beginning at 
     the confluence of the east and middle branches in London 
     Britain township, Pennsylvania, downstream to the northern 
     boundary of the city of Newark, Delaware, as a recreational 
     river.
       ``(J) 16.8 miles of the main stem beginning at Paper Mill 
     Road downstream to the Old Route 4 bridge, as a recreational 
     river.
       ``(K) 4.4 miles of the main stem beginning at the southern 
     boundary of the property of the corporation known as United 
     Water Delaware downstream to the confluence of White Clay 
     Creek with the Christina River, as a recreational river.
       ``(L) 1.3 miles of Middle Run outside the boundaries of the 
     Middle Run Natural Area, as a recreational river.
       ``(M) 5.2 miles of Middle Run that flow within the 
     boundaries of the Middle Run Natural Area, as a scenic river.
       ``(N) 15.6 miles of Pike Creek, as a recreational river.
       ``(O) 38.7 miles of Mill Creek, as a recreational river.''.

     SEC. 4. BOUNDARIES.

       With respect to each of the segments of White Clay Creek 
     and its tributaries designated by the amendment made by 
     section 3, in lieu of the boundaries provided for in section 
     3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), 
     the boundaries of the segment shall be 250 feet as measured 
     from the ordinary high water mark on both sides of the 
     segment.

     SEC. 5. ADMINISTRATION.

       (a) By Secretary of the Interior.--The segments designated 
     by the amendment made by section 3 shall be administered by 
     the Secretary of the Interior (referred to in this Act as the 
     ``Secretary''), in cooperation with the White Clay Creek 
     Watershed Management Committee as provided for in the plan 
     prepared by the White Clay Creek Wild and Scenic Study Task 
     Force and the National Park Service, entitled ``White Clay 
     Creek and Its Tributaries Watershed Management Plan'' and 
     dated May 1998 (referred to in this Act as the ``Management 
     Plan'').
       (b) Requirement for Comprehensive Management Plan.--The 
     Management Plan shall be considered to satisfy the 
     requirements for a comprehensive management plan under 
     section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(d)).
       (c) Cooperative Agreements.--In order to provide for the 
     long-term protection, preservation, and enhancement of the 
     segments designated by the amendment made by section 3, the 
     Secretary shall offer to enter into a cooperative agreement 
     pursuant to sections 10(c) and 11(b)(1) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the 
     White Clay Creek Watershed Management Committee as provided 
     for in the Management Plan.

     SEC. 6. FEDERAL ROLE IN MANAGEMENT.

       (a) In General.--The Director of the National Park Service 
     (or a designee) shall represent the Secretary in the 
     implementation of the Management Plan, this Act, and the Wild 
     and Scenic Rivers Act with respect to each of the segments 
     designated by the amendment made by section 3, including the 
     review, required under section 7(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1278(a)), of proposed federally-
     assisted water resources projects that could have a direct 
     and adverse effect on the values for which the segment is 
     designated.
       (b) Assistance.--To assist in the implementation of the 
     Management Plan, this Act, and the Wild and Scenic Rivers Act 
     with respect to each of the segments designated by the 
     amendment made by section 3, the Secretary may provide 
     technical assistance, staff support, and funding at a cost to 
     the Federal Government in an amount, in the aggregate, of not 
     to exceed $150,000 for each fiscal year.
       (c) Cooperative Agreements.--Any cooperative agreement 
     entered into under section 10(e) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1281(e)) relating to any of the 
     segments designated by the amendment made by section 3--
       (1) shall be consistent with the Management Plan; and
       (2) may include provisions for financial or other 
     assistance from the United States to facilitate the long-term 
     protection, conservation, and enhancement of the segments.
       (d) National Park System.--Notwithstanding section 10(c) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any 
     portion of a segment designated by the amendment made by 
     section 3 that is not in the National Park System as of the 
     date of the enactment of this Act shall not, under this Act--
       (1) be considered a part of the National Park System;
       (2) be managed by the National Park Service; or
       (3) be subject to laws (including regulations) that govern 
     the National Park System.

     SEC. 7. STATE REQUIREMENTS.

       State and local zoning laws and ordinances, as in effect on 
     the date of the enactment of this Act, shall be considered to 
     satisfy the standards and requirements under section 6(c) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) with 
     respect to the segment designated by the amendment made by 
     section 3.

     SEC. 8. NO LAND ACQUISITION.

       The Federal Government shall not acquire, by any means, any 
     right or title in or to land, any easement, or any other 
     interest along the segments designated by the amendment made 
     by section 3 for the purpose of carrying out the amendment or 
     this Act.
  The Senate concurred in the amendment of the House.

                          ____________________



                              THE CALENDAR

  Mr. MACK. Mr. President, I ask unanimous consent that the Energy 
Committee be discharged from the following bills and resolutions and, 
further, the Senate now proceed to their consideration en bloc: H.R. 
1509, H.R. 2778, H.R. 3676, H.R. 3817, S. 2273 with amendment No. 4297, 
and S. Res. 326.
  I ask unanimous consent that the amendment No. 4297 be agreed to, the 
bills be considered read the third time and passed, the resolution and 
preamble be agreed to, the motions to reconsider be laid upon the 
table, and that any statements relating to any of the bills or 
resolutions be printed in the Record, with the above occurring en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



              DISABLED VETERANS' LIFE MEMORIAL FOUNDATION

  The bill (H.R. 1509) to authorize the Disabled Veterans' Life 
Memorial Foundation to establish a memorial in the District of Columbia 
or its environs to honor veterans who became disabled while serving in 
the Armed Forces of the United States, was considered, ordered to a 
third reading, read the third time, and passed.

                          ____________________



 DESIGNATING THE TAUNTON RIVER FOR POTENTIAL ADDITION TO NATIONAL WILD 
                        AND SCENIC RIVERS SYSTEM

  The bill (H.R. 2778) to amend the Wild and Scenic Rivers Act to 
designate segments of the Taunton River in the Commonwealth of 
Massachusetts for study for potential addition to the National Wild and 
Scenic Rivers System, and for other purposes, was considered, ordered 
to a third reading, read the third time, and passed.

                          ____________________



         SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT

  The bill (H.R. 3676) to establish the Santa Rosa and San Jacinto 
Mountains National Monument in the State of California, was considered, 
ordered to a third reading, read the third time, and passed.

                          ____________________



        DEDICATION OF BIG SOUTH TRAIL TO LEGACY OF JARYD ATADERO

  The bill (H.R. 3817) to dedicate the Big South Trail in the Comanche 
Peak Wilderness Area of Roosevelt National Forest in Colorado to the 
legacy of Jaryd Atadero, was considered, ordered to a third reading, 
read the third time, and passed.

                          ____________________



      BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL 
                     CONSERVATION AREA ACT OF 2000

  The Senate proceeded to consider the bill (S. 2273) to establish the 
Black Rock Desert-High Rock Canyon Emigrant Trails National 
Conservation Area, and for other purposes, which was reported from the 
Committee on Energy and Natural Resources.
  The amendment (No. 4297) was agreed to, as follows:


                           amendment no. 4297

              (Purpose: to provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

[[Page 20979]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Black Rock Desert-High Rock 
     Canon Emigrant Trails National Conservation Area Act of 
     2000''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The areas of northwestern Nevada known as the Black 
     Rock Desert and High Rock Canyon contain and surround the 
     last nationally significant, untouched segments of the 
     historic California Emigrant Trails, including wagon ruts, 
     historic inscriptions, and a wilderness landscape largely 
     unchanged since the days of the pioneers.
       (2) The relative absence of development in the Black Rock 
     Desert and High Rock Canyon areas from emigrant times to the 
     present day offers a unique opportunity to capture the 
     terrain, sights, and conditions of the overland trails as 
     they were experienced by the emigrants and to make available 
     to both present and future generations of Americans the 
     opportunity of experiencing emigrant conditions in an 
     unaltered setting.
       (3) The Black Rock Desert and High Rock Canyon areas are 
     unique segments of the Northern Great Basin and contain broad 
     representation of the Great Basin's land forms and plant and 
     animal species, including golden eagles and other birds of 
     prey, sage grouse, mule deer, pronghorn antelope, bighorn 
     sheep, free roaming horses and burros, threatened fish and 
     sensitive plants.
       (4) The Black Rock-High Rock region contains a number of 
     cultural and natural resources that have been declared 
     eligible for National Historic Landmark and Natural Landmark 
     status, including a portion of the 1843-44 John Charles 
     Fremont exploration route, the site of the death of Peter 
     Lassen, early military facilities, and examples of early 
     homesteading and mining.
       (5) The archaeological, paleontological, and geographical 
     resources of the Black Rock-High Rock region include numerous 
     prehistoric and historic Native American sites, wooly mammoth 
     sites, some of the largest natural potholes of North America, 
     and a remnant dry Pelistocene lakebed (playa) where the 
     curvature of the Earth may be observed.
       (6) The two large wilderness mosaics that frame the 
     conservation area offer exceptional opportunities for 
     solitude and serve to protect the integrity of the viewshed 
     of the historic emigrant trails.
       (7) Public lands in the conservation area have been used 
     for domestic livestock grazing for over a century, with 
     resultant benefits to community stability and contributions 
     to the local and State economies. It has not been 
     demonstrated that continuation of this use would be 
     incompatible with appropriate protection and sound management 
     of the resource values of these lands; therefore, it is 
     expected that such grazing will continue in accordance with 
     the management plan for the conservation area and other 
     applicable laws and regulations.
       (8) The Black Rock Desert playa is a unique natural 
     resource that serves as the primary destination for the 
     majority of visitors to the conservation area, including 
     visitors associated with large-scale permitted events. It is 
     expected that such permitted events will continue to be 
     administered in accordance with the management plan for the 
     conservation area and other applicable laws and regulations.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``public lands'' has the meaning stated in 
     section 103(e) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702(e)).
       (3) The term ``conservation area'' means the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area established pursuant to section 4 of this Act.

     SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

       (a) Establishment and Purposes.--In order to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     historical, cultural, paleontological, scenic, scientific, 
     biological, educational, wildlife, riparian, wilderness, 
     endangered species, and recreational values and resources 
     associated with the Applegate-Lassen and Nobles Trails 
     corridors and surrounding areas, there is hereby established 
     the Black Rock Desert-High Rock Canyon Emigrant Trails 
     National Conservation Area in the State of Nevada.
       (b) Areas Included.--The conservation area shall consist of 
     approximately 797,100 acres of public lands as generally 
     depicted on the map entitled ``Black Rock Desert Emigrant 
     Trail National Conservation Area'' and dated July 19, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     conservation area. The map and legal description shall have 
     the same force and effect as if included in this Act, except 
     the Secretary may correct clerical and typographical errors 
     in such map and legal description. Copies of the map and 
     legal description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 5. MANAGEMENT.

       (a) Management.--The Secretary, acting through the Bureau 
     of Land Management, shall manage the conservation area in a 
     manner that conserves, protects and enhances its resources 
     and values, including those resources and values specified in 
     subsection 4(a), in accordance with this Act, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable provisions of law.
       (b) Access.--
       (1) In general.--The Secretary shall maintain adequate 
     access for the reasonable use and enjoyment of the 
     conservation area.
       (2) Private land.--The Secretary shall provide reasonable 
     access to privately owned land or interests in land within 
     the boundaries of the conservation area.
       (3) Existing public roads.--The Secretary is authorized to 
     maintain existing public access within the boundaries of the 
     conservation areas in a manner consistent with the purposes 
     for which the conservation area was established.
       (c) Uses.--
       (1) In general.--The Secretary shall only allow such uses 
     of the conservation area as the Secretary finds will further 
     the purposes for which the conservation area is established.
       (2) Off-highway vehicle use.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the conservation area shall be 
     permitted only on roads and trails and in other areas 
     designated for use of motorized vehicles as part of the 
     management plan prepared pursuant to subsection (e).
       (3) Permitted events.--The Secretary may continue to permit 
     large-scale events in defined, low impact areas of the Black 
     Rock Desert plays in the conservation area in accordance with 
     the management plan prepared pursuant to subsection (e).
       (d) Hunting, Trapping, and Fishing.--Nothing in this Act 
     shall be deemed to diminish the jurisdiction of the State of 
     Nevada with respect to fish and wildlife management, 
     including regulation of hunting and fishing, on public lands 
     within the conservation area.
       (e) Management plan.--Within three years following the date 
     of enactment of this Act, the Secretary shall develop a 
     comprehensive resource management plan for the long-term 
     protection and management of the conservation area. The plan 
     shall be developed with full public participation and shall 
     developed with full public participation and shall describe 
     the appropriate uses and management of the conservation area 
     consistent with the provisions of this Act. The plan may 
     incorporate appropriate decisions contained in any current 
     management or activity plan for the area and may use 
     information developed in previous studies of the lands within 
     or adjacent to the conservation area.
       (f) Grazing.--Where the Secretary of the Interior currently 
     permits livestock grazing in the conservation area, such 
     grazing shall be allowed to continue subject to all 
     applicable laws, regulations, and executive orders.
       (g) Visitor Service Facilities.--The Secretary is 
     authorized to establish, in cooperation with other public or 
     private entities as the Secretary may deem appropriate, 
     visitor service facilities for the purpose of providing 
     information about the historical, cultural, ecological, 
     recreational, and other resources of the conservation area.

     SEC. 6. WITHDRAWAL.

       (a) In general.--Subject to valid existing rights, all 
     Federal lands within the conservation area and all lands and 
     interests therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the mining laws, from 
     operation of the mineral leasing and geothermal leasing laws 
     and from the minerals materials laws and all amendments 
     thereto.

     SEC. 7. NO BUFFER ZONES.

       The Congress does not intend for the establishment of the 
     conservation area to lead to the creation of protective 
     perimeters or buffer zones around the conservation area. The 
     fact that there may be activities or uses on lands outside 
     the conservation area that would not be permitted in the 
     conservation area shall not preclude such activities or uses 
     on such lands up to the boundary of the conservation area 
     consistent with other applicable laws.

     SEC. 8. WILDERNESS.

       (a) Designatin.--In furtherance of the purposes of the 
     Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the 
     following lands in the State of Nevada are designated as 
     wilderness, and, therefore, as components of the National 
     Wilderness Preservation System:
       (1) Certain lands in the Black Rock Desert Wilderness Study 
     Area comprised of approximately 315,700 acres, as generally 
     depicted on a map entitled ``Black Rock Desert Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Black Rock Desert Wilderness.
       (2) Certain lands in the Pahute Peak Wilderness Study Area 
     comprised of approximately 57,400 acres, as generally 
     depicted on a map entitled ``Pahute Peak Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Pahute Peak Wilderness.
       (3) Certain lands in the North Black Rock Range Wilderness 
     Study Area comprised of

[[Page 20980]]

     approximately 30,800 acres, as generally depicted on a map 
     entitled ``North Black Rock Range Wilderness--Proposed'' and 
     dated July 19, 2000, and which shall be known as the North 
     Black Rock Range Wilderness.
       (4) Certain lands in the East Fork High Rock Canyon 
     Wilderness Study Area comprised of approximately 52,800 
     acres, as generally depicted on a map entitled ``East Fork 
     High Rock Canyon Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the East Fork High Rock 
     Canyon Wilderness.
       (5) Certain lands in the High Rock Lake Wilderness Study 
     Area comprised of approximately 59,300 acres, as generally 
     depicted on a map entitled ``High Rock Lake Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the High Rock Lake Wilderness.
       (6) Certain lands in the Little High Rock Canyon Wilderness 
     Study Area comprised of approximately 48,700 acres, as 
     generally depicted on a map entitled ``Little High Rock 
     Canyon Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the Little High Rock Canyon 
     Wilderness.
       (7) Certain lands in the High Rock Canyon Wilderness Study 
     Area and Yellow Rock Canyon Wilderness Study Area comprised 
     of approximately 46,600 acres, as generally depicted on a map 
     entitled ``High Rock Canyon Wilderness--Proposed'' and dated 
     July 19, 2000, and which shall be known as the High Rock 
     Canyon Wilderness.
       (8) Certain land in the Calico Mountains Wilderness Study 
     Area comprised of approximately 65,400 acres, as generally 
     depicted on a map entitled ``Calico Mountains Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Calico Mountains Wilderness.
       (9) Certain lands in the South Jackson Mountains Wilderness 
     Study Area comprised of approximately 56,800 acres, as 
     generally depicted on a map entitled ``South Jackson 
     Mountains Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the South Jackson Mountains 
     Wilderness.
       (10) Certain lands in the North Jackson Mountains 
     Wilderness Study Area comprised of approximately 24,000 
     acres, as generally depicted on a map entitled ``North 
     Jackson Mountains Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the North Jackson Mountains 
     Wilderness.
       (b) Administration of Wilderness Areas.--Subject to valid 
     existing rights, each wilderness area designated by this Act 
     shall be administered by the Secretary in accordance with the 
     provisions of the Wilderness Act, except that any reference 
     in such provisions to the effective date of the Wilderness 
     Act shall be deemed to be a reference to the date of 
     enactment of this Act and any reference to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary of the Interior.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     wilderness areas designated under this Act. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (d) Grazing.--Within the wilderness areas designated under 
     subsection (a), the grazing of livestock, where established 
     prior to the date of enactment of this Act, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, as 
     long as such regulations, policies, and practices fully 
     conform with and implement the intent of Congress regarding 
     grazing in such areas as such intent is expressed in the 
     Wilderness Act and section 101(f) of Public Law 101-628.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated such sums as 
     may be necessary to carry out the provisions of this Act.

  The bill (S. 2273), as amended, was read the third time and passed, 
as follows:

                                S. 2273

       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 ``Black Rock Desert-High Rock 
     Canyon Emigrant Trails National Conservation Area Act of 
     2000''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The areas of northwestern Nevada known as the Black 
     Rock Desert and High Rock Canyon contain and surround the 
     last nationally significant, untouched segments of the 
     historic California emigrant Trails, including wagon ruts, 
     historic inscriptions, and a wilderness landscape largely 
     unchanged since the days of the pioneers.
       (2) The relative absence of development in the Black Rock 
     Desert and high Rock Canyon areas from emigrant times to the 
     present day offers a unique opportunity to capture the 
     terrain, sights, and conditions of the overland trails as 
     they were experienced by the emigrants and to make available 
     to both present and future generations of Americans the 
     opportunity of experiencing emigrant conditions in an 
     unaltered setting.
       (3) The Black Rock Desert and High Rock Canyon areas are 
     unique segments of the Northern Great Basin and contain broad 
     representation of the Great Basin's land forms and plant and 
     animal species, including golden eagles and other birds of 
     prey, sage grouse, mule deer, pronghorn antelope, bighorn 
     sheep, free roaming horses and burros, threatened fish and 
     sensitive plants.
       (4) The Black Rock-High Rock region contains a number of 
     cultural and natural resources that have been declared 
     eligible for National Historic Landmark and Natural Landmark 
     status, including a portion of the 1843-44 John Charles 
     Fremont exploration route, the site of the death of Peter 
     Lassen, early military facilities, and examples of early 
     homesteading and mining.
       (5) The archeological, paleontological, and geographical 
     resources of the Black Rock-High Rock region include numerous 
     prehistoric and historic Native American sites, wooly mammoth 
     sites, some of the largest natural potholes of North America, 
     and a remnant dry Pleistocene lakebed (playa) where the 
     curvature of the Earth may be observed.
       (6) The two large wilderness mosaics that frame the 
     conservation area offer exceptional opportunities for 
     solitude and serve to protect the integrity of the viewshed 
     of the historic emigrant trails.
       (7) Public lands in the conservation area have been used 
     for domestic livestock grazing for over a century, with 
     resultant benefits to community stability and contributions 
     to the local and State economies. It has not been 
     demonstrated that continuation of this use would be 
     incompatible with appropriate protection and sound management 
     of the resource values of these lands; therefore, it is 
     expected that such grazing will continue in accordance with 
     the management plan for the conservation area and other 
     applicable laws and regulations.
       (8) The Black Rock Desert playa is a unique natural 
     resource that serves as the primary destination for the 
     majority of visitors to the conservation area, including 
     visitors associated with large-scale permitted events. It is 
     expected that such permitted events will continue to be 
     administered in accordance with the management plan for the 
     conservation area and other applicable laws and regulations.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``public lands'' has the meaning stated in 
     section 103(e) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702(e)).
       (3) The term ``conservation area'' means the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area established pursuant to section 4 of this Act.

     SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

       (a) Establishment and Purposes.--In order to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     historical, cultural, paleontological, scenic, scientific, 
     biological, educational, wildlife, riparian, wilderness, 
     endangered species, and recreational values and resources 
     associated with the Applegate-Lassen and Nobles Trails 
     corridors and surrounding areas, there is hereby established 
     the Black Rock Desert-High Rock Canyon Emigrant Trails 
     National Conservation Area in the State of Nevada.
       (b) Areas Included.--The conservation area shall consist of 
     approximately 797,100 acres of public lands as generally 
     depicted on the map entitled ``Black Rock Desert Emigrant 
     Trail National Conservation Area'' and dated July 19, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     conservation area. The map and legal description shall have 
     the same force and effect as if included in this Act, except 
     the Secretary may correct clerical and typographical errors 
     in such map and legal description. Copies of the map and 
     legal description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 5. MANAGEMENT.

       (a) Management.--The Secretary, acting through the Bureau 
     of Land Management, shall manage the conservation area in a 
     manner that conserves, protects and enhances its resources 
     and values, including those resources and values specified in 
     subsection 4(a), in accordance with this Act, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable provisions of law.
       (b) Access.--
       (1) In general.--The Secretary shall maintain adequate 
     access for the reasonable use and enjoyment of the 
     conservation area.
       (2) Private land.--The Secretary shall provide reasonable 
     access to privately owned land or interests in land within 
     the boundaries of the conservation area.

[[Page 20981]]

       (3) Existing public roads.--The Secretary is authorized to 
     maintain existing public access within the boundaries of the 
     conservation area in a manner consistent with the purposes 
     for which the conservation area was established.
       (c) Uses.--
       (1) In general.--The Secretary shall only allow such uses 
     of the conservation area as the Secretary finds will further 
     the purposes for which the conservation area is established.
       (2) Off-highway vehicle use.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the conservation area shall be 
     permitted only on roads and trails and in other areas 
     designated for use of motorized vehicles as part of the 
     management plan prepared pursuant to subsection (e).
       (3) Permitted events.--The Secretary may continue to permit 
     large-scale events in defined, low impact areas of the Black 
     Rock Desert playa in the conservation area in accordance with 
     the management plan prepared pursuant to subsection (e).
       (d) Hunting, Trapping, and Fishing.--Nothing in this Act 
     shall be deemed to diminish the jurisdiction of the State of 
     Nevada with respect to fish and wildlife management, 
     including regulation of hunting and fishing, on public lands 
     within the conservation area.
       (e) Management Plan.--Within three years following the date 
     of enactment of this Act, the Secretary shall develop a 
     comprehensive resource management plan for the long-term 
     protection and management of the conservation area. The plan 
     shall be developed with full public participation and shall 
     describe the appropriate uses and management of the 
     conservation area consistent with the provisions of this Act. 
     The plan may incorporate appropriate decisions contained in 
     any current management or activity plan for the area and may 
     use information developed in previous studies of the lands 
     within or adjacent to the conservation area.
       (f) Grazing.--Where the Secretary of the Interior currently 
     permits livestock grazing in the conservation area, such 
     grazing shall be allowed to continue subject to all 
     applicable laws, regulations, and executive orders.
       (g) Visitor Service Facilities.--The Secretary is 
     authorized to establish, in cooperation with other public or 
     private entities as the Secretary may deem appropriate, 
     visitor service facilities for the purpose of providing 
     information about the historical, cultural, ecological, 
     recreational, and other resources of the conservation area.

     SEC. 6. WITHDRAWAL.

       (a) In General.--Subject to valid existing rights, all 
     Federal lands within the conservation area and all lands and 
     interests therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the mining laws, from 
     operation of the mineral leasing and geothermal leasing laws 
     and from the minerals materials laws and all amendments 
     thereto.

     SEC. 7. NO BUFFER ZONES.

       The Congress does not intend for the establishment of the 
     conservation area to lead to the creation of protective 
     perimeters or buffer zones around the conservation area. The 
     fact that there may be activities or uses on lands outside 
     the conservation area that would not be permitted in the 
     conservation area shall not preclude such activities or uses 
     on such lands up to the boundary of the conservation area 
     consistent with other applicable laws.

     SEC. 8. WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the 
     following lands in the State of Nevada are designated as 
     wilderness, and, therefore, as components of the National 
     Wilderness Preservation System:
       (1) Certain lands in the Black Rock Desert Wilderness Study 
     Area comprised of approximately 315,700 acres, as generally 
     depicted on a map entitled ``Black Rock Desert Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Black Rock Desert Wilderness.
       (2) Certain lands in the Pahute Peak Wilderness Study Area 
     comprised of approximately 57,400 acres, as generally 
     depicted on a map entitled ``Pahute Peak Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Pahute Peak Wilderness.
       (3) Certain lands in the North Black Rock Range Wilderness 
     Study Area comprised of approximately 30,800 acres, as 
     generally depicted on a map entitled ``North Black Rock Range 
     Wilderness--Proposed'' and dated July 19, 2000, and which 
     shall be known as the North Black Rock Range Wilderness.
       (4) Certain lands in the East Fork High Rock Canyon 
     Wilderness Study Area comprised of approximately 52,800 
     acres, as generally depicted on a map entitled ``East Fork 
     High Rock Canyon Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the East Fork High Rock 
     Canyon Wilderness.
       (5) Certain lands in the High Rock Lake Wilderness Study 
     Area comprised of approximately 59,300 acres, as generally 
     depicted on a map entitled ``High Rock Lake Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the High Rock Lake Wilderness.
       (6) Certain lands in the Little High Rock Canyon Wilderness 
     Study Area comprised of approximately 48,700 acres, as 
     generally depicted on a map entitled ``Little High Rock 
     Canyon Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the Little High Rock Canyon 
     Wilderness.
       (7) Certain lands in the High Rock Canyon Wilderness Study 
     Area and Yellow Rock Canyon Wilderness Study Area comprised 
     of approximately 46,600 acres, as generally depicted on a map 
     entitled ``High Rock Canyon Wilderness--Proposed'' and dated 
     July 19, 2000, and which shall be known as the High Rock 
     Canyon Wilderness.
       (8) Certain lands in the Calico Mountains Wilderness Study 
     Area comprised of approximately 65,400 acres, as generally 
     depicted on a map entitled ``Calico Mountains Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Calico Mountains Wilderness.
       (9) Certain lands in the South Jackson Mountains Wilderness 
     Study Area comprised of approximately 56,800 acres, as 
     generally depicted on a map entitled ``South Jackson 
     Mountains Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the South Jackson Mountains 
     Wilderness.
       (10) Certain lands in the North Jackson Mountains 
     Wilderness Study Area comprised of approximately 24,000 
     acres, as generally depicted on a map entitled ``North 
     Jackson Mountains Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the North Jackson Mountains 
     Wilderness.
       (b) Administration of Wilderness Areas.--Subject to valid 
     existing rights, each wilderness area designated by this Act 
     shall be administered by the Secretary in accordance with the 
     provisions of the Wilderness Act, except that any reference 
     in such provisions to the effective date of the Wilderness 
     Act shall be deemed to be a reference to the date of 
     enactment of this Act and any reference to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary of the Interior.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     wilderness areas designated under this Act. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (d) Grazing.--Within the wilderness areas designated under 
     subsection (a), the grazing of livestock, where established 
     prior to the date of enactment of this Act, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, as 
     long as such regulations, policies, and practices fully 
     conform with and implement the intent of Congress regarding 
     grazing in such areas as such intent is expressed in the 
     Wilderness Act and section 101(f) of Public Law 101-628.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated such sums as 
     may be necessary to carry out the provisions of this Act.

                          ____________________



                    NATIONAL COWBOY POETRY GATHERING

  The Senate proceeded to consider the resolution (S. Res. 326) 
designating the Cowboy Poetry Gathering in Elko, NV, as the ``National 
Cowboy Poetry Gathering''.
  The resolution (S. Res. 326) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 326

       Whereas working cowboys and the ranching community have 
     contributed greatly to the establishment and perpetuation of 
     western life in the United States;
       Whereas the practice of composing verses about life and 
     work on the range dates back to at least the trail drive era 
     of the late 19th century;
       Whereas the Cowboy Poetry Gathering has revived and 
     continues to preserve the art of cowboy poetry by increasing 
     awareness and appreciation of this tradition-based art form;
       Whereas the reemergence of cowboy poetry both highlights 
     recitation traditions that are a central form of artistry in 
     communities throughout the West and promotes popular poetry 
     and literature to the general public;
       Whereas the Cowboy Poetry Gathering serves as a bridge 
     between urban and rural people by creating a forum for the 
     presentation of art and for the discussion of cultural issues 
     in a humane and non-political manner;
       Whereas the Western Folklife Center in Reno, Nevada, 
     established and hosted the inaugural Cowboy Poetry Gathering 
     in January of 1985;

[[Page 20982]]

       Whereas since its inception 16 years ago, some 200 similar 
     local spin-off events are now held in communities throughout 
     the West; and
       Whereas it is proper and desirable to recognize Elko, 
     Nevada, as the original home of the Cowboy Poetry Gathering: 
     Now, therefore, be it
       Resolved, That the Senate designates the Cowboy Poetry 
     Gathering in Elko, Nevada, as the ``National Cowboy Poetry 
     Gathering''.

                          ____________________



 WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ESTABLISHMENT ACT OF 
                                  2000

  Mr. MACK. Mr. President I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 891, H.R. 4063.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4063) to establish the Rosie the Riveter/World 
     War II Home Front National Historic Park in the State of 
     California, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported from the Committee on Energy and Natural Resources, 
with amendments.
  [Omit the parts in black brackets and insert the parts printed in 
italic.]

                               H.R. 4063

       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 ``Rosie the Riveter/World War 
     II Home Front National Historical Park Establishment Act of 
     2000''.

     SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL 
                   HISTORICAL PARK.

       (a) Establishment.--In order to preserve for the benefit 
     and inspiration of the people of the United States as a 
     national historical park certain sites, structures, and areas 
     located in Richmond, California, that are associated with the 
     industrial, governmental, and citizen efforts that led to 
     victory in World War II, there is established the Rosie the 
     Riveter/World War II Home Front National Historical Park (in 
     this Act referred to as the ``park'').
       (b) Areas Included.--The boundaries of the park shall be 
     those generally depicted on the map entitled ``Proposed 
     Boundary Map, Rosie the Riveter/World War II Home Front 
     National Historical Park'' numbered 963/80000 and dated May 
     2000. The map shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.

     SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK.

       (a) In General.--
       (1) General administration.--The Secretary of the Interior 
     (in this Act referred to as the ``Secretary'') shall 
     administer the park in accordance with this Act and the 
     provisions of law generally applicable to units of the 
     National Park System, including the Act entitled ``An Act to 
     establish a National Park Service, and for other purposes,'' 
     approved August 35, 1916 (39 Stat. 535; 16 U.S.C. 1 through 
     4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 
     461-467).
       (2) Specific authorities.--The Secretary may interpret the 
     story of Rosie the Riveter and the World War II home front, 
     conduct and maintain oral histories that relate to the World 
     War II home front theme, and provide technical assistance in 
     the preservation of historic properties that support this 
     story.
       (b) Cooperative Agreements.--
       (1) General agreements.--The Secretary may enter into 
     cooperative agreements with the owners of the World War II 
     Child Development Centers, the World War II worker housing, 
     the Kaiser-Permanente Field Hospital, and Fire Station 67A, 
     pursuant to which the Secretary may mark, interpret, improve, 
     restore, and provide technical assistance with respect to the 
     preservation and interpretation of such properties. Such 
     agreements shall contain, but need not be limited to, 
     provisions under which the Secretary shall have the right of 
     access at reasonable times to public portions of the property 
     for interpretive and other purposes, and that no changes or 
     alterations shall be made in the property except by mutual 
     agreement.
       (2) Limited agreements.--The Secretary may consult and 
     enter into cooperative agreements with interested persons for 
     interpretation and technical assistance with the preservation 
     of--
       (A) the Ford Assembly Building;
       (B) the intact dry docks/basin docks and five historic 
     structures at Richmond Shipyard #3;
       (C) the Shimada Peace Memorial Park;
       (D) Westshore Park;
       (E) the Rosie the Riveter Memorial;
       (F) Sheridan Observation Point Park;
       (G) the Bay Trail/Esplanade;
       (H) Vincent Park; and
       (I) the vessel S.S. RED OAK VICTORY, and Whirley Cranes 
     associated with shipbuilding in Richmond.
       (c) Education Center.--The Secretary may establish a World 
     War II Home Front Education Center in the Ford Assembly 
     Building. Such center shall include a program that allows for 
     distance learning and linkages to other representative sites 
     across the country, for the purpose of educating the public 
     as to the significance of the site and the World War II Home 
     Front.
       [(d) Use of Federal Funds.--
       [(1) Non-federal matching.--(A) As a condition of expending 
     any funds appropriated to the Secretary for the purposes of 
     the cooperative agreements under subsection (b)(2), the 
     Secretary shall require that such expenditure must be matched 
     by expenditure of an equal amount of funds, goods, services, 
     or in-kind contributions provided by non-Federal sources.
       [(B) With the approval of the Secretary, any donation of 
     property, services, or goods from a non-Federal source may be 
     considered as a contribution of funds from a non-Federal 
     source for purposes of this paragraph.]
       (d)(1) The Secretary shall require a match of not less than 
     50% for the expenditure of any federal funds for the purpose 
     of the cooperative agreements under subsection (b)(2). The 
     non-federal match may be in funds or, with the approval of 
     the Secretary, in goods, services, or in-kind contributions.
       (2) Cooperative agreement.--Any payment made by the 
     Secretary pursuant to a cooperative agreement under this 
     section shall be subject to an agreement that conversion, 
     use, or disposal of the project so assisted for purposes 
     contrary to the purposes of this Act, as determined by the 
     Secretary, shall entitle the United States to reimbursement 
     of the greater of--
       (A) all funds paid by the Secretary to such project; or
       (B) the proportion of the increased value of the project 
     attributable to such payments, determined at the time of such 
     conversion, use, or disposal.
       (e) Acquisition.--
       (1) Ford assembly building.--The Secretary may acquire a 
     leasehold interest in the Ford Assembly Building for the 
     purposes of operating a World War II Home Front Education 
     Center.
       (2) Other facilities.--The Secretary may acquire, from 
     willing sellers, lands or [interests in] interests within the 
     boundaries of the park in the World War II day care centers, 
     the World War II worker housing, the Kaiser-Permanente Field 
     Hospital, and Fire Station 67, through donation, purchase 
     with donated or appropriated funds, transfer from any other 
     Federal Agency, or exchange.
       (3) Artifacts.--The Secretary may acquire and provide for 
     the curation of historic artifacts that relate to the park.
       (f) Donations.--The Secretary may accept and use donations 
     of funds, property, and services to carry out this Act.
       (g) General Management Plan.--
       (1) In general.--Not later than 3 complete fiscal years 
     after the date funds are made available, the Secretary shall 
     prepare, in consultation with the City of Richmond, 
     California, and transmit to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a general management plan for 
     the park in accordance with the provisions of section 12(b) 
     of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)), popularly 
     known as the National Park System General Authorities Act, 
     and other applicable law.
       (2) Preservation of setting.--The general management plan 
     shall include a plan to preserve the historic setting of the 
     Rosie the Riveter/World War II Home Front National Historical 
     Park, which shall be jointly developed and approved by the 
     City of Richmond.
       (3) Additional sites.--The general management plan shall 
     include a determination of whether there are additional 
     representative sites in Richmond that should be added to the 
     park or sites in the rest of the United States that relate to 
     the industrial, governmental, and citizen efforts during 
     World War II that should be linked to and interpreted at the 
     park. Such determination shall consider any information or 
     findings developed in the National Park Service study of the 
     World War II Home Front under section 4.

     SEC. 4. WORLD WAR II HOME FRONT STUDY.

       The Secretary shall conduct a theme study of the World War 
     II home front to determine whether other sites in the United 
     States meet the criteria for potential inclusion in the 
     National Park System in accordance with Section 8 of Public 
     Law 91-383 (16 U.S.C. 1a-5).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--
       (1) Oral histories, preservation, and visitor services.--
     There are authorized to be appropriated such sums as may be 
     necessary to conduct oral histories and to carry out the 
     preservation, interpretation, education, and other essential 
     visitor services provided for by this Act.
       (2) Artifacts.--There are authorized to be appropriated 
     $1,000,000 for the acquisition and curation of historical 
     artifacts related to the park.
       (b) Property Acquisition.--There are authorized to be 
     appropriated such sums as are necessary to acquire the 
     properties listed in section 3(e)(2).
       (c) Limitation on Use of Funds for S.S. RED OAK VICTORY.--
     None of the funds authorized to be appropriated by this 
     section may be used for the operation, maintenance,

[[Page 20983]]

     or preservation of the vessel S.S. RED OAK VICTORY.

  Mr. MACK. Mr. President, I ask unanimous consent that the committee 
amendments be withdrawn, the bill be read the third time and passed, 
the motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were withdrawn.
  The bill (H.R. 4063) was read the third time and passed.

                          ____________________



      MAKING TECHNICAL CORRECTIONS IN THE ENROLLMENT OF H.R. 3676

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the immediate consideration of S. Con. Res. 143, submitted 
earlier today by Senators Murkowski and Bingaman.
  The PRESIDING OFFICER. The clerk will state the concurrent resolution 
by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 143) to make 
     technical corrections in the enrollment of the H.R. 3676.

  Mr. MACK. Mr. President, I ask unanimous consent that the concurrent 
resolution be agreed to and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 143) was agreed to, as 
follows:

                            S. Con. Res. 143

       Resolved by the Senate (the House of Representatives 
     concurring), That in the enrollment of the bill (H.R. 3676 to 
     establish the Santa Rosa and San Jacinto Mountains National 
     Monument in the State of California, the Clerk of the House 
     of Representatives shall make the following corrections:
       (1) In the second sentence of section 2(d)(1), strike ``and 
     the Committee on Agriculture, Nutrition, and Forestry''.
       (2) In the second sentence of section 4(a)(3), strike 
     ``Nothing in this section'' and insert ``Nothing in this 
     Act''.
       (3) In section 4(c)(1), strike ``any person, including''.
       (4) In section 5, add at the end the following:
       ``(j) Wilderness Protection.--Nothing in this Act alters 
     the management of any areas designated as Wilderness which 
     are within the boundaries of the National Monument. All such 
     areas shall remain subject to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the laws designating such areas as Wilderness, 
     and other applicable laws. If any part of this Act conflicts 
     with any provision of those laws with respect to the 
     management of the Wilderness areas, such provisions shall 
     control''.

                          ____________________



             INDIAN ARTS AND CRAFTS ENFORCEMENT ACT OF 2000

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 898, S. 2872.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2872) to improve the cause of action for 
     misrepresentation of Indian arts and crafts.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MACK. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2872) was read the third time and passed, as follows:

                                S. 2872

       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 Arts and Crafts 
     Enforcement Act of 2000''.

     SEC. 2. AMENDMENTS TO CIVIL ACTION PROVISIONS.

       Section 6 of the Act entitled ``An Act to promote the 
     development of Indian arts and crafts and to create a board 
     to assist therein, and for other purposes'' (25 U.S.C. 305e) 
     (as added by section 105 of the Indian Arts and Crafts Act of 
     1990 (Public Law 101-644; 104 Stat. 4664)) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     directly or indirectly,'' after ``against a person who''; and
       (B) by inserting the following flush language after 
     paragraph (2)(B):

     ``For purposes of paragraph (2)(A), damages shall include any 
     and all gross profits accrued by the defendant as a result of 
     the activities found to violate this subsection.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) by an Indian arts and crafts organization on behalf 
     of itself, or by an Indian on behalf of himself or 
     herself.''; and
       (B) in paragraph (2)(A)--
       (i) by striking ``the amount recovered the amount'' and 
     inserting ``the amount recovered--
       ``(i) the amount''; and
       (ii) by adding at the end the following:
       ``(ii) the amount for the costs of investigation awarded 
     pursuant to subsection (b) and reimburse the Board the amount 
     of such costs incurred as a direct result of Board activities 
     in the suit; and'';
       (3) in subsection (d)(2), by inserting ``subject to 
     subsection (f),'' after ``(2)''; and
       (4) by adding at the end the following:
       ``(f) Not later than 180 days after the date of enactment 
     of the Indian Arts and Crafts Enforcement Act of 2000, the 
     Board shall promulgate regulations to include in the 
     definition of the term `Indian product' specific examples of 
     such product to provide guidance to Indian artisans as well 
     as to purveyors and consumers of Indian arts and crafts, as 
     defined under this Act.''.

                          ____________________



     JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM ACT OF 1994

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 904, H.R. 2496.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2496) to reauthorize the Junior Duck Stamp 
     Conservation and Design Program Act of 1994.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MACK. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2496) was read the third time and passed.

                          ____________________



         CAT ISLAND NATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 906, H.R. 3292.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3292) to provide for the establishment of the 
     Cat Island National Wildlife Refuge in West Feliciana Parish, 
     Louisiana.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported from the Committee on Environment and Public Works, 
with amendments.
  [Omit the parts in black brackets and insert the parts printed in 
italic.]

                               H.R. 3292

       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 ``Cat Island National Wildlife 
     Refuge Establishment Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) as the southernmost unleveed portion of the Mississippi 
     River, Cat Island, Louisiana, is one of the last remaining 
     tracts in the lower Mississippi Valley that is still 
     influenced by the natural dynamics of the river;
       (2) Cat Island supports one of the highest densities of 
     virgin bald cypress trees in the entire Mississippi River 
     Valley, including the Nation's champion cypress tree which is 
     17 feet wide and has a circumference of 53 feet;
       (3) Cat Island is important habitat for several declining 
     species of forest songbirds and supports thousands of 
     wintering waterfowl;
       (4) Cat Island supports high populations of deer, turkey, 
     and furbearers, such as mink and bobcats;
       (5) conservation and enhancement of this area through 
     inclusion in the National Wildlife Refuge System would help 
     meet the habitat conservation goals of the North American 
     Waterfowl Management Plan;

[[Page 20984]]

       (6) these forested wetlands represent one of the most 
     valuable and productive wildlife habitat types in the United 
     States, and have extremely high recreational value for 
     hunters, anglers, birdwatchers, nature photographers, and 
     others; and
       (7) the Cat Island area is deserving of inclusion in the 
     National Wildlife Refuge System.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Refuge'' means the Cat Island National 
     Wildlife Refuge; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 4. PURPOSES.

       The purposes for which the Refuge is established and shall 
     be managed are--
       (1) to conserve, restore, and manage habitats as necessary 
     to contribute to the migratory bird population goals and 
     habitat objective as established through the Lower 
     Mississippi Valley Joint Venture;
       (2) to conserve, restore, and manage the significant 
     aquatic resource values associated with the area's forested 
     wetlands and to achieve the habitat objectives of the 
     ``Mississippi River Aquatic Resources Management Plan'';
       (3) to conserve, enhance, and restore the historic native 
     bottomland community characteristics of the lower Mississippi 
     alluvial valley and its associated fish, wildlife, and plant 
     species;
       (4) to conserve, enhance, and restore habitat to maintain 
     and assist in the recovery of endangered, and threatened 
     plants and animals; and
       [(5) to provide opportunities for priority public wildlife 
     dependent uses for compatible hunting, fishing, trapping, 
     wildlife observation and photography, and environmental 
     education and interpretation; and
       [(6)](5) to encourage the use of volunteers and facilitate 
     partnerships among the United States Fish and Wildlife 
     Service, local communities, conservation organizations, and 
     other non-Federal entities to promote public awareness of the 
     resources of the Refuge and the National Wildlife Refuge 
     System and public participation in the conservation of those 
     resources.

     SEC. 5. ESTABLISHMENT OF REFUGE.

       (a) Acquisition Boundary.--The Secretary is authorized to 
     establish the Cat Island National Wildlife Refuge, consisting 
     of approximately 36,500 acres of land and water, as depicted 
     upon a map entitled ``Cat Island National Wildlife Refuge-
     Proposed'', dated February 8, 2000, and available for 
     inspection in appropriate offices of the United States Fish 
     and Wildlife Service.
       (b) Boundary Revisions.--The Secretary may make such minor 
     revisions of the boundary designated under this section as 
     may be appropriate to carry out the purposes of the Refuge or 
     to facilitate the acquisition of property within the Refuge.
       (c) Acquisition.--The Secretary is authorized to acquire 
     the lands and waters, or interests therein, within the 
     acquisition boundary described in subsection (a) of this 
     section.
       (d) Establishment.--The Secretary shall establish the 
     Refuge by publication of a notice to that effect in the 
     Federal Register and publications of local circulation 
     whenever sufficient property has been acquired to constitute 
     an area that can be efficiently managed as a National 
     Wildlife Refuge.

     SEC. 6. ADMINISTRATION.

       (a) In General.--The Secretary shall administer all lands, 
     waters, and interests therein acquired under this Act in 
     accordance with the National Wildlife Refuge System 
     Administration Act (16 U.S.C. 668dd et seq.). The Secretary 
     may use such additional statutory authority as may be 
     available for the conservation of fish and wildlife, and the 
     provision of fish- and wildlife-oriented recreational 
     opportunities as the Secretary considers appropriate to carry 
     out the purposes of this Act.
       (b) Priority Uses.--In providing opportunities for 
     compatible fish- and wildlife-oriented recreation, the 
     Secretary, in accordance with paragraphs (3) and (4) of 
     section 4(a) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure 
     that hunting, fishing, wildlife observation and photography, 
     and environmental education and interpretation are the 
     priority public uses of the Refuge.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior--
       (1) such funds as may be necessary for the acquisition of 
     lands and waters designated in section 5(c); and
       (2) such funds as may be necessary for the development, 
     operation, and maintenance of the Refuge.


                           Amendment No. 4298

  Mr. MACK. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Florida [Mr. Mack], for Mr. Smith of New 
     Hampshire, proposes an amendment numbered 4298.

  Mr. MACK. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end, add the following:

     SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND 
                   ADMINISTRATIVE CENTER.

       (a) In General.--A building proposed to be located within 
     the boundaries of the Chincoteague National Wildlife Refuge, 
     on Assateague Island, Virginia, shall be known and designated 
     as the ``Herbert H. Bateman Education and Administrative 
     Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the Herbert H. Bateman Education and 
     Administrative Center.

     SEC. 9. TECHNICAL CORRECTIONS.

       (a) Effective on the day after the date of enactment of the 
     Act entitled, ``An Act to reauthorize the Junior Duck Stamp 
     Conservation and Design Program Act of 1994'' (106th 
     Congress), section 6 of the Junior Duck Stamp Conservation 
     and Design Program Act of 1994 (16 U.S.C. 668dd note; Public 
     Law 103-340), relating to an environmental education center 
     and refuge, is redesignated as section 7.
       (b) Effective on the day after the date of enactment of the 
     Cahaba River National Wildlife Refuge Establishment Act 
     (106th Congress), section 6 of that Act is amended--
       (1) in paragraph (2), by striking ``the Endangered Species 
     Act of 1973 (16 U.S.C. 1331 et seq.)'' and inserting ``the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''; 
     and
       (2) in paragraph (3), by striking ``section 4(a)(3) and (4) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668ee(a)(3), (4))'' and inserting 
     ``paragraphs (3) and (4) of section 4(a) of the National 
     Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
     668dd(a))''.
       (c) Effective on the day after the date of enactment of the 
     Red River National Wildlife Refuge Act (106th Congress), 
     section 4(b)(2)(D) of that Act is amended by striking 
     ``section 4(a)(3) and (4) of the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), 
     (4))'' and inserting ``paragraphs (3) and (4) of section 4(a) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(a))''.

  Mr. MACK. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, the amendment be agreed to, the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 4298) was agreed to.
  The bill (H.R. 3292), as amended, was read the third time and passed.

                          ____________________



        CAHABA RIVER NATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 908, H.R. 4286.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4286) to provide for the establishment of the 
     Cahaba River National Wildlife Refuge in Bibb County, 
     Alabama.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MACK. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4286) was read the third time and passed.

                          ____________________



 MAKING TECHNICAL CORRECTIONS TO A MAP RELATING TO THE COASTAL BARRIER 
                            RESOURCES SYSTEM

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 920, H.R. 34.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 34) to direct the Secretary of the Interior to 
     make technical corrections to a map relating to the Coastal 
     Barrier Resources System.

  There being no objection, the Senate proceeded to consider the bill, 
which

[[Page 20985]]

was reported from the Committee on Environment and Public Works, with 
amendments.
  [Omit the parts in black brackets and insert the parts printed in 
italic.]

                                H.R. 34

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

     SECTION 1. CORRECTIONS TO MAPS.

       (a) In General.--The Secretary of the Interior shall, 
     before the end of the 30-day period beginning on the date of 
     the enactment of this Act, make such corrections to the map 
     described in subsection (b) as are necessary to ensure that 
     depictions of areas on that map are consistent with the 
     depictions of areas appearing on the map entitled 
     ``Amendments to the Coastal Barrier Resources System'', 
     [dated ------------, and on file with the Committee on 
     Resources of the House of Representatives.] dated June 5, 
     2000.
       (b) Map Described.--The map described in this subsection is 
     the map that--
       (1) is included in a set of maps entitled ``Coastal Barrier 
     Resources System'', dated November 2, 1994; and
       (2) relates to unit P19-P of the Coastal Barrier Resources 
     System.
       (c) Availability.--The Secretary of the Interior shall keep 
     the map described in subsection (b) on file and available for 
     public inspection in accordance with section 4(b) of the 
     Coastal Barrier Resources Act (16 U.S.C. 3503(b)).

  Mr. MACK. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, the bill be read the third time and passed, 
the motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (H.R. 34), as amended, was read the third time and passed.

                          ____________________



   CLARIFYING BOUNDARIES ON THE MAP RELATING TO THE COASTAL BARRIER 
                            RESOURCES SYSTEM

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 922, H.R. 4435.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4435) to clarify certain boundaries on the map 
     relating to Unit NC-01 of the Coastal Barrier Resources 
     System.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MACK. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4435) was read the third time and passed.

                          ____________________



 200TH ANNIVERSARY OF THE FIRST MEETING OF THE CONGRESS IN WASHINGTON, 
                                   DC

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the immediate consideration of S. Con. Res. 144, submitted 
earlier by Senator Lott and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A Senate concurrent resolution (S. Con. 144) commemorating 
     the 200th anniversary of the first meeting of the Congress in 
     Washington, DC.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. MACK. Mr. President, I ask unanimous consent that the concurrent 
resolution be agreed to, the preamble be agreed to, the motion to 
reconsider be laid upon the table, and any statements relating to the 
resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 144) was agreed to.
  The preamble was agreed to.
  The concurrent resolution with its preamble reads as follows:

                            S. Con. Res. 144

       Whereas November 17, 2000, is the 200th anniversary of the 
     first meeting of Congress in Washington, DC;
       Whereas Congress, having previously convened at the Federal 
     Hall in New York City and at the Congress Hall in 
     Philadelphia, has met in the United States Capitol Building 
     since November 17, 1800;
       Whereas President John Adams, on November 22, 1800, 
     addressed a joint session of Congress in Washington, DC, for 
     the first time, stating, ``I congratulate the people of the 
     United States on the assembling of Congress at the permanent 
     seat of their Government; and I congratulate you, gentlemen, 
     on the prospect of a residence not to be changed.'';
       Whereas, on December 12, 1900, Congress convened a joint 
     meeting to observe the centennial of its residence in 
     Washington, DC;
       Whereas since its first meeting in Washington, DC, on 
     November 17, 1800, Congress has continued to cultivate and 
     build upon a heritage of respect for individual liberty, 
     representative government, and the attainment of equal and 
     inalienable rights, all of which are symbolized in the 
     physical structure of the United States Capitol Building; and
       Whereas it is appropriate for Congress, as the first branch 
     of the government under the Constitution, to commemorate the 
     200th anniversary of the first meeting of Congress in 
     Washington, DC, in order to focus public attention on its 
     present duties and responsibilities: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) November 17, 2000, be designated as a day of national 
     observance for the 200th anniversary of the first meeting of 
     Congress in Washington, DC; and
       (2) the people of the United States be urged and invited to 
     observe such date by celebrating and examining the 
     legislative process by which members of Congress convene and 
     air differences, learn from one another, subordinate 
     parochial interests, compromise, and work towards achieving a 
     constructive consensus for the good of the people of the 
     United States.

                          ____________________



    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

  Mr. MACK. Mr. President, I ask that the Chair lay before the Senate a 
message from the House to accompany H.R. 707, an act to amend the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act to 
authorize a program for predisaster mitigation, to streamline the 
administration of disaster relief, to control the Federal costs of 
disaster assistance, and for other purposes.''
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 707) entitled ``An Act to amend the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act to authorize a program for predisaster mitigation, to 
     streamline the administration of disaster relief, to control 
     the Federal costs of disaster assistance, and for other 
     purposes'', with the following House Amendment to Senate 
     Amendment:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Disaster 
     Mitigation Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private 
              structures.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. President's Council on Domestic Terrorism Preparedness.
Sec. 305. Disaster grant closeout procedures.
Sec. 306. Public safety officer benefits for certain Federal and State 
              employees.
Sec. 307. Buy American.
Sec. 308. Treatment of certain real property.

[[Page 20986]]

Sec. 309. Study of participation by Indian tribes in emergency 
              management.

                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) natural disasters, including earthquakes, tsunamis, 
     tornadoes, hurricanes, flooding, and wildfires, pose great 
     danger to human life and to property throughout the United 
     States;
       (2) greater emphasis needs to be placed on--
       (A) identifying and assessing the risks to States and local 
     governments (including Indian tribes) from natural disasters;
       (B) implementing adequate measures to reduce losses from 
     natural disasters; and
       (C) ensuring that the critical services and facilities of 
     communities will continue to function after a natural 
     disaster;
       (3) expenditures for postdisaster assistance are increasing 
     without commensurate reductions in the likelihood of future 
     losses from natural disasters;
       (4) in the expenditure of Federal funds under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), high priority should be given to 
     mitigation of hazards at the local level; and
       (5) with a unified effort of economic incentives, awareness 
     and education, technical assistance, and demonstrated Federal 
     support, States and local governments (including Indian 
     tribes) will be able to--
       (A) form effective community-based partnerships for hazard 
     mitigation purposes;
       (B) implement effective hazard mitigation measures that 
     reduce the potential damage from natural disasters;
       (C) ensure continued functionality of critical services;
       (D) leverage additional non-Federal resources in meeting 
     natural disaster resistance goals; and
       (E) make commitments to long-term hazard mitigation efforts 
     to be applied to new and existing structures.
       (b) Purpose.--The purpose of this title is to establish a 
     national disaster hazard mitigation program--
       (1) to reduce the loss of life and property, human 
     suffering, economic disruption, and disaster assistance costs 
     resulting from natural disasters; and
       (2) to provide a source of predisaster hazard mitigation 
     funding that will assist States and local governments 
     (including Indian tribes) in implementing effective hazard 
     mitigation measures that are designed to ensure the continued 
     functionality of critical services and facilities after a 
     natural disaster.

     SEC. 102. PREDISASTER HAZARD MITIGATION.

       (a) In General.--Title II of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 
     et seq.) is amended by adding at the end the following:

     ``SEC. 203. PREDISASTER HAZARD MITIGATION.

       ``(a) Definition of Small Impoverished Community.--In this 
     section, the term `small impoverished community' means a 
     community of 3,000 or fewer individuals that is economically 
     disadvantaged, as determined by the State in which the 
     community is located and based on criteria established by the 
     President.
       ``(b) Establishment of Program.--The President may 
     establish a program to provide technical and financial 
     assistance to States and local governments to assist in the 
     implementation of predisaster hazard mitigation measures that 
     are cost-effective and are designed to reduce injuries, loss 
     of life, and damage and destruction of property, including 
     damage to critical services and facilities under the 
     jurisdiction of the States or local governments.
       ``(c) Approval by President.--If the President determines 
     that a State or local government has identified natural 
     disaster hazards in areas under its jurisdiction and has 
     demonstrated the ability to form effective public-private 
     natural disaster hazard mitigation partnerships, the 
     President, using amounts in the National Predisaster 
     Mitigation Fund established under subsection (i) (referred to 
     in this section as the `Fund'), may provide technical and 
     financial assistance to the State or local government to be 
     used in accordance with subsection (e).
       ``(d) State Recommendations.--
       ``(1) In general.--
       ``(A) Recommendations.--The Governor of each State may 
     recommend to the President not fewer than five local 
     governments to receive assistance under this section.
       ``(B) Deadline for submission.--The recommendations under 
     subparagraph (A) shall be submitted to the President not 
     later than October 1, 2001, and each October 1st thereafter 
     or such later date in the year as the President may 
     establish.
       ``(C) Criteria.--In making recommendations under 
     subparagraph (A), a Governor shall consider the criteria 
     specified in subsection (g).
       ``(2) Use.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in providing assistance to local governments under this 
     section, the President shall select from local governments 
     recommended by the Governors under this subsection.
       ``(B) Extraordinary circumstances.--In providing assistance 
     to local governments under this section, the President may 
     select a local government that has not been recommended by a 
     Governor under this subsection if the President determines 
     that extraordinary circumstances justify the selection and 
     that making the selection will further the purpose of this 
     section.
       ``(3) Effect of failure to nominate.--If a Governor of a 
     State fails to submit recommendations under this subsection 
     in a timely manner, the President may select, subject to the 
     criteria specified in subsection (g), any local governments 
     of the State to receive assistance under this section.
       ``(e) Uses of Technical and Financial Assistance.--
       ``(1) In general.--Technical and financial assistance 
     provided under this section--
       ``(A) shall be used by States and local governments 
     principally to implement predisaster hazard mitigation 
     measures that are cost-effective and are described in 
     proposals approved by the President under this section; and
       ``(B) may be used--
       ``(i) to support effective public-private natural disaster 
     hazard mitigation partnerships;
       ``(ii) to improve the assessment of a community's 
     vulnerability to natural hazards; or
       ``(iii) to establish hazard mitigation priorities, and an 
     appropriate hazard mitigation plan, for a community.
       ``(2) Dissemination.--A State or local government may use 
     not more than 10 percent of the financial assistance received 
     by the State or local government under this section for a 
     fiscal year to fund activities to disseminate information 
     regarding cost-effective mitigation technologies.
       ``(f) Allocation of Funds.--The amount of financial 
     assistance made available to a State (including amounts made 
     available to local governments of the State) under this 
     section for a fiscal year--
       ``(1) shall be not less than the lesser of--
       ``(A) $500,000; or
       ``(B) the amount that is equal to 1.0 percent of the total 
     funds appropriated to carry out this section for the fiscal 
     year;
       ``(2) shall not exceed 15 percent of the total funds 
     described in paragraph (1)(B); and
       ``(3) shall be subject to the criteria specified in 
     subsection (g).
       ``(g) Criteria for Assistance Awards.--In determining 
     whether to provide technical and financial assistance to a 
     State or local government under this section, the President 
     shall take into account--
       ``(1) the extent and nature of the hazards to be mitigated;
       ``(2) the degree of commitment of the State or local 
     government to reduce damages from future natural disasters;
       ``(3) the degree of commitment by the State or local 
     government to support ongoing non-Federal support for the 
     hazard mitigation measures to be carried out using the 
     technical and financial assistance;
       ``(4) the extent to which the hazard mitigation measures to 
     be carried out using the technical and financial assistance 
     contribute to the mitigation goals and priorities established 
     by the State;
       ``(5) the extent to which the technical and financial 
     assistance is consistent with other assistance provided under 
     this Act;
       ``(6) the extent to which prioritized, cost-effective 
     mitigation activities that produce meaningful and definable 
     outcomes are clearly identified;
       ``(7) if the State or local government has submitted a 
     mitigation plan under section 322, the extent to which the 
     activities identified under paragraph (6) are consistent with 
     the mitigation plan;
       ``(8) the opportunity to fund activities that maximize net 
     benefits to society;
       ``(9) the extent to which assistance will fund mitigation 
     activities in small impoverished communities; and
       ``(10) such other criteria as the President establishes in 
     consultation with State and local governments.
       ``(h) Federal Share.--
       ``(1) In general.--Financial assistance provided under this 
     section may contribute up to 75 percent of the total cost of 
     mitigation activities approved by the President.
       ``(2) Small impoverished communities.--Notwithstanding 
     paragraph (1), the President may contribute up to 90 percent 
     of the total cost of a mitigation activity carried out in a 
     small impoverished community.
       ``(i) National Predisaster Mitigation Fund.--
       ``(1) Establishment.--The President may establish in the 
     Treasury of the United States a fund to be known as the 
     `National Predisaster Mitigation Fund', to be used in 
     carrying out this section.
       ``(2) Transfers to fund.--There shall be deposited in the 
     Fund--
       ``(A) amounts appropriated to carry out this section, which 
     shall remain available until expended; and
       ``(B) sums available from gifts, bequests, or donations of 
     services or property received by the President for the 
     purpose of predisaster hazard mitigation.
       ``(3) Expenditures from fund.--Upon request by the 
     President, the Secretary of the Treasury shall transfer from 
     the Fund to the President such amounts as the President 
     determines are necessary to provide technical and financial 
     assistance under this section.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.

[[Page 20987]]

       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(E) Transfers of amounts.--
       ``(i) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(ii) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(j) Limitation on Total Amount of Financial Assistance.--
     The President shall not provide financial assistance under 
     this section in an amount greater than the amount available 
     in the Fund.
       ``(k) Multihazard Advisory Maps.--
       ``(1) Definition of multihazard advisory map.--In this 
     subsection, the term `multihazard advisory map' means a map 
     on which hazard data concerning each type of natural disaster 
     is identified simultaneously for the purpose of showing areas 
     of hazard overlap.
       ``(2) Development of maps.--In consultation with States, 
     local governments, and appropriate Federal agencies, the 
     President shall develop multihazard advisory maps for areas, 
     in not fewer than five States, that are subject to commonly 
     recurring natural hazards (including flooding, hurricanes and 
     severe winds, and seismic events).
       ``(3) Use of technology.--In developing multihazard 
     advisory maps under this subsection, the President shall use, 
     to the maximum extent practicable, the most cost-effective 
     and efficient technology available.
       ``(4) Use of maps.--
       ``(A) Advisory nature.--The multihazard advisory maps shall 
     be considered to be advisory and shall not require the 
     development of any new policy by, or impose any new policy 
     on, any government or private entity.
       ``(B) Availability of maps.--The multihazard advisory maps 
     shall be made available to the appropriate State and local 
     governments for the purposes of--
       ``(i) informing the general public about the risks of 
     natural hazards in the areas described in paragraph (2);
       ``(ii) supporting the activities described in subsection 
     (e); and
       ``(iii) other public uses.
       ``(l) Report on Federal and State Administration.--Not 
     later than 18 months after the date of the enactment of this 
     section, the President, in consultation with State and local 
     governments, shall submit to Congress a report evaluating 
     efforts to implement this section and recommending a process 
     for transferring greater authority and responsibility for 
     administering the assistance program established under this 
     section to capable States.
       ``(m) Termination of Authority.--The authority provided by 
     this section terminates December 31, 2003.''.
       (b) Conforming Amendment.--Title II of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5131 et seq.) is amended by striking the title heading 
     and inserting the following:

     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.

     SEC. 103. INTERAGENCY TASK FORCE.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as amended 
     by section 102(a)) is amended by adding at the end the 
     following:

     ``SEC. 204. INTERAGENCY TASK FORCE.

       ``(a) In General.--The President shall establish a Federal 
     interagency task force for the purpose of coordinating the 
     implementation of predisaster hazard mitigation programs 
     administered by the Federal Government.
       ``(b) Chairperson.--The Director of the Federal Emergency 
     Management Agency shall serve as the chairperson of the task 
     force.
       ``(c) Membership.--The membership of the task force shall 
     include representatives of--
       ``(1) relevant Federal agencies;
       ``(2) State and local government organizations (including 
     Indian tribes); and
       ``(3) the American Red Cross.''.

     SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC 
                   AND PRIVATE STRUCTURES.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 322. MITIGATION PLANNING.

       ``(a) Requirement of Mitigation Plan.--As a condition of 
     receipt of an increased Federal share for hazard mitigation 
     measures under subsection (e), a State, local, or tribal 
     government shall develop and submit for approval to the 
     President a mitigation plan that outlines processes for 
     identifying the natural hazards, risks, and vulnerabilities 
     of the area under the jurisdiction of the government.
       ``(b) Local and Tribal Plans.--Each mitigation plan 
     developed by a local or tribal government shall--
       ``(1) describe actions to mitigate hazards, risks, and 
     vulnerabilities identified under the plan; and
       ``(2) establish a strategy to implement those actions.
       ``(c) State Plans.--The State process of development of a 
     mitigation plan under this section shall--
       ``(1) identify the natural hazards, risks, and 
     vulnerabilities of areas in the State;
       ``(2) support development of local mitigation plans;
       ``(3) provide for technical assistance to local and tribal 
     governments for mitigation planning; and
       ``(4) identify and prioritize mitigation actions that the 
     State will support, as resources become available.
       ``(d) Funding.--
       ``(1) In general.--Federal contributions under section 404 
     may be used to fund the development and updating of 
     mitigation plans under this section.
       ``(2) Maximum federal contribution.--With respect to any 
     mitigation plan, a State, local, or tribal government may use 
     an amount of Federal contributions under section 404 not to 
     exceed 7 percent of the amount of such contributions 
     available to the government as of a date determined by the 
     government.
       ``(e) Increased Federal Share for Hazard Mitigation 
     Measures.--
       ``(1) In general.--If, at the time of the declaration of a 
     major disaster, a State has in effect an approved mitigation 
     plan under this section, the President may increase to 20 
     percent, with respect to the major disaster, the maximum 
     percentage specified in the last sentence of section 404(a).
       ``(2) Factors for consideration.--In determining whether to 
     increase the maximum percentage under paragraph (1), the 
     President shall consider whether the State has established--
       ``(A) eligibility criteria for property acquisition and 
     other types of mitigation measures;
       ``(B) requirements for cost effectiveness that are related 
     to the eligibility criteria;
       ``(C) a system of priorities that is related to the 
     eligibility criteria; and
       ``(D) a process by which an assessment of the effectiveness 
     of a mitigation action may be carried out after the 
     mitigation action is complete.

     ``SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE 
                   STRUCTURES.

       ``(a) In General.--As a condition of receipt of a disaster 
     loan or grant under this Act--
       ``(1) the recipient shall carry out any repair or 
     construction to be financed with the loan or grant in 
     accordance with applicable standards of safety, decency, and 
     sanitation and in conformity with applicable codes, 
     specifications, and standards; and
       ``(2) the President may require safe land use and 
     construction practices, after adequate consultation with 
     appropriate State and local government officials.
       ``(b) Evidence of Compliance.--A recipient of a disaster 
     loan or grant under this Act shall provide such evidence of 
     compliance with this section as the President may require by 
     regulation.''.
       (b) Losses From Straight Line Winds.--The President shall 
     increase the maximum percentage specified in the last 
     sentence of section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) from 
     15 percent to 20 percent with respect to any major disaster 
     that is in the State of Minnesota and for which assistance is 
     being provided as of the date of the enactment of this Act, 
     except that additional assistance provided under this 
     subsection shall not exceed $6,000,000. The mitigation 
     measures assisted under this subsection shall be related to 
     losses in the State of Minnesota from straight line winds.
       (c) Conforming Amendments.--
       (1) Section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
     amended--
       (A) in the second sentence, by striking ``section 409'' and 
     inserting ``section 322''; and
       (B) in the third sentence, by striking ``The total'' and 
     inserting ``Subject to section 322, the total''.
       (2) Section 409 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

               TITLE II--STREAMLINING AND COST REDUCTION

     SEC. 201. TECHNICAL AMENDMENTS.

       Section 311 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5154) is amended in 
     subsections (a)(1), (b), and (c) by striking ``section 803 of 
     the Public Works and Economic Development Act of 1965'' each 
     place it appears and inserting ``section 209(c)(2) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3149(c)(2))''.

     SEC. 202. MANAGEMENT COSTS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) (as amended by section 104(a)) is amended by adding 
     at the end the following:

     ``SEC. 324. MANAGEMENT COSTS.

       ``(a) Definition of Management Cost.--In this section, the 
     term `management cost' includes any indirect cost, any 
     administrative expense, and any other expense not directly 
     chargeable to a specific project under a major disaster, 
     emergency, or disaster preparedness or mitigation activity or 
     measure.
       ``(b) Establishment of Management Cost Rates.--
     Notwithstanding any other provision of law (including any 
     administrative rule or guidance), the President shall by 
     regulation establish management cost rates, for grantees and 
     subgrantees, that shall be used to determine contributions 
     under this Act for management costs.
       ``(c) Review.--The President shall review the management 
     cost rates established under subsection (b) not later than 3 
     years after the date

[[Page 20988]]

     of establishment of the rates and periodically thereafter.''.
       (b) Applicability.--
       (1) In general.--Subject to paragraph (2), subsections (a) 
     and (b) of section 324 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (as added by subsection 
     (a)) shall apply to major disasters declared under that Act 
     on or after the date of the enactment of this Act.
       (2) Interim authority.--Until the date on which the 
     President establishes the management cost rates under section 
     324 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as added by subsection (a)), section 406(f) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day 
     before the date of the enactment of this Act) shall be used 
     to establish management cost rates.

     SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       Title III of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended 
     by section 202(a)) is amended by adding at the end the 
     following:

     ``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       ``(a) Public Notice and Comment Concerning New or Modified 
     Policies.--
       ``(1) In general.--The President shall provide for public 
     notice and opportunity for comment before adopting any new or 
     modified policy that--
       ``(A) governs implementation of the public assistance 
     program administered by the Federal Emergency Management 
     Agency under this Act; and
       ``(B) could result in a significant reduction of assistance 
     under the program.
       ``(2) Application.--Any policy adopted under paragraph (1) 
     shall apply only to a major disaster or emergency declared on 
     or after the date on which the policy is adopted.
       ``(b) Consultation Concerning Interim Policies.--
       ``(1) In general.--Before adopting any interim policy under 
     the public assistance program to address specific conditions 
     that relate to a major disaster or emergency that has been 
     declared under this Act, the President, to the maximum extent 
     practicable, shall solicit the views and recommendations of 
     grantees and subgrantees with respect to the major disaster 
     or emergency concerning the potential interim policy, if the 
     interim policy is likely--
       ``(A) to result in a significant reduction of assistance to 
     applicants for the assistance with respect to the major 
     disaster or emergency; or
       ``(B) to change the terms of a written agreement to which 
     the Federal Government is a party concerning the declaration 
     of the major disaster or emergency.
       ``(2) No legal right of action.--Nothing in this subsection 
     confers a legal right of action on any party.
       ``(c) Public Access.--The President shall promote public 
     access to policies governing the implementation of the public 
     assistance program.''.

     SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT 
                   PROGRAM.

       Section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
     adding at the end the following:
       ``(c) Program Administration by States.--
       ``(1) In general.--A State desiring to administer the 
     hazard mitigation grant program established by this section 
     with respect to hazard mitigation assistance in the State may 
     submit to the President an application for the delegation of 
     the authority to administer the program.
       ``(2) Criteria.--The President, in consultation and 
     coordination with States and local governments, shall 
     establish criteria for the approval of applications submitted 
     under paragraph (1). The criteria shall include, at a 
     minimum--
       ``(A) the demonstrated ability of the State to manage the 
     grant program under this section;
       ``(B) there being in effect an approved mitigation plan 
     under section 322; and
       ``(C) a demonstrated commitment to mitigation activities.
       ``(3) Approval.--The President shall approve an application 
     submitted under paragraph (1) that meets the criteria 
     established under paragraph (2).
       ``(4) Withdrawal of approval.--If, after approving an 
     application of a State submitted under paragraph (1), the 
     President determines that the State is not administering the 
     hazard mitigation grant program established by this section 
     in a manner satisfactory to the President, the President 
     shall withdraw the approval.
       ``(5) Audits.--The President shall provide for periodic 
     audits of the hazard mitigation grant programs administered 
     by States under this subsection.''.

     SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
                   REPLACE DAMAGED FACILITIES.

       (a) Contributions.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Contributions.--
       ``(1) In general.--The President may make contributions--
       ``(A) to a State or local government for the repair, 
     restoration, reconstruction, or replacement of a public 
     facility damaged or destroyed by a major disaster and for 
     associated expenses incurred by the government; and
       ``(B) subject to paragraph (3), to a person that owns or 
     operates a private nonprofit facility damaged or destroyed by 
     a major disaster for the repair, restoration, reconstruction, 
     or replacement of the facility and for associated expenses 
     incurred by the person.
       ``(2) Associated expenses.--For the purposes of this 
     section, associated expenses shall include--
       ``(A) the costs of mobilizing and employing the National 
     Guard for performance of eligible work;
       ``(B) the costs of using prison labor to perform eligible 
     work, including wages actually paid, transportation to a 
     worksite, and extraordinary costs of guards, food, and 
     lodging; and
       ``(C) base and overtime wages for the employees and extra 
     hires of a State, local government, or person described in 
     paragraph (1) that perform eligible work, plus fringe 
     benefits on such wages to the extent that such benefits were 
     being paid before the major disaster.
       ``(3) Conditions for assistance to private nonprofit 
     facilities.--
       ``(A) In general.--The President may make contributions to 
     a private nonprofit facility under paragraph (1)(B) only if--
       ``(i) the facility provides critical services (as defined 
     by the President) in the event of a major disaster; or
       ``(ii) the owner or operator of the facility--

       ``(I) has applied for a disaster loan under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       ``(II)(aa) has been determined to be ineligible for such a 
     loan; or
       ``(bb) has obtained such a loan in the maximum amount for 
     which the Small Business Administration determines the 
     facility is eligible.

       ``(B) Definition of critical services.--In this paragraph, 
     the term `critical services' includes power, water (including 
     water provided by an irrigation organization or facility), 
     sewer, wastewater treatment, communications, and emergency 
     medical care.
       ``(4) Notification to congress.--Before making any 
     contribution under this section in an amount greater than 
     $20,000,000, the President shall notify--
       ``(A) the Committee on Environment and Public Works of the 
     Senate;
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       ``(C) the Committee on Appropriations of the Senate; and
       ``(D) the Committee on Appropriations of the House of 
     Representatives.''.
       (b) Federal Share.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Federal Share.--
       ``(1) Minimum federal share.--Except as provided in 
     paragraph (2), the Federal share of assistance under this 
     section shall be not less than 75 percent of the eligible 
     cost of repair, restoration, reconstruction, or replacement 
     carried out under this section.
       ``(2) Reduced federal share.--The President shall 
     promulgate regulations to reduce the Federal share of 
     assistance under this section to not less than 25 percent in 
     the case of the repair, restoration, reconstruction, or 
     replacement of any eligible public facility or private 
     nonprofit facility following an event associated with a major 
     disaster--
       ``(A) that has been damaged, on more than one occasion 
     within the preceding 10-year period, by the same type of 
     event; and
       ``(B) the owner of which has failed to implement 
     appropriate mitigation measures to address the hazard that 
     caused the damage to the facility.''.
       (c) Large In-Lieu Contributions.--Section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Large In-Lieu Contributions.--
       ``(1) For public facilities.--
       ``(A) In general.--In any case in which a State or local 
     government determines that the public welfare would not best 
     be served by repairing, restoring, reconstructing, or 
     replacing any public facility owned or controlled by the 
     State or local government, the State or local government may 
     elect to receive, in lieu of a contribution under subsection 
     (a)(1)(A), a contribution in an amount equal to 75 percent of 
     the Federal share of the Federal estimate of the cost of 
     repairing, restoring, reconstructing, or replacing the 
     facility and of management expenses.
       ``(B) Areas with unstable soil.--In any case in which a 
     State or local government determines that the public welfare 
     would not best be served by repairing, restoring, 
     reconstructing, or replacing any public facility owned or 
     controlled by the State or local government because soil 
     instability in the disaster area makes repair, restoration, 
     reconstruction, or replacement infeasible, the State or local 
     government may elect to receive, in lieu of a contribution 
     under subsection (a)(1)(A), a contribution in an amount equal 
     to 90 percent of the Federal share of the Federal estimate of 
     the cost of repairing, restoring, reconstructing, or 
     replacing the facility and of management expenses.
       ``(C) Use of funds.--Funds contributed to a State or local 
     government under this paragraph may be used--
       ``(i) to repair, restore, or expand other selected public 
     facilities;
       ``(ii) to construct new facilities; or
       ``(iii) to fund hazard mitigation measures that the State 
     or local government determines to be

[[Page 20989]]

     necessary to meet a need for governmental services and 
     functions in the area affected by the major disaster.
       ``(D) Limitations.--Funds made available to a State or 
     local government under this paragraph may not be used for--
       ``(i) any public facility located in a regulatory floodway 
     (as defined in section 59.1 of title 44, Code of Federal 
     Regulations (or a successor regulation)); or
       ``(ii) any uninsured public facility located in a special 
     flood hazard area identified by the Director of the Federal 
     Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
       ``(2) For private nonprofit facilities.--
       ``(A) In general.--In any case in which a person that owns 
     or operates a private nonprofit facility determines that the 
     public welfare would not best be served by repairing, 
     restoring, reconstructing, or replacing the facility, the 
     person may elect to receive, in lieu of a contribution under 
     subsection (a)(1)(B), a contribution in an amount equal to 75 
     percent of the Federal share of the Federal estimate of the 
     cost of repairing, restoring, reconstructing, or replacing 
     the facility and of management expenses.
       ``(B) Use of funds.--Funds contributed to a person under 
     this paragraph may be used--
       ``(i) to repair, restore, or expand other selected private 
     nonprofit facilities owned or operated by the person;
       ``(ii) to construct new private nonprofit facilities to be 
     owned or operated by the person; or
       ``(iii) to fund hazard mitigation measures that the person 
     determines to be necessary to meet a need for the person's 
     services and functions in the area affected by the major 
     disaster.
       ``(C) Limitations.--Funds made available to a person under 
     this paragraph may not be used for--
       ``(i) any private nonprofit facility located in a 
     regulatory floodway (as defined in section 59.1 of title 44, 
     Code of Federal Regulations (or a successor regulation)); or
       ``(ii) any uninsured private nonprofit facility located in 
     a special flood hazard area identified by the Director of the 
     Federal Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).''.
       (d) Eligible Cost.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Eligible Cost.--
       ``(1) Determination.--
       ``(A) In general.--For the purposes of this section, the 
     President shall estimate the eligible cost of repairing, 
     restoring, reconstructing, or replacing a public facility or 
     private nonprofit facility--
       ``(i) on the basis of the design of the facility as the 
     facility existed immediately before the major disaster; and
       ``(ii) in conformity with codes, specifications, and 
     standards (including floodplain management and hazard 
     mitigation criteria required by the President or under the 
     Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) 
     applicable at the time at which the disaster occurred.
       ``(B) Cost estimation procedures.--
       ``(i) In general.--Subject to paragraph (2), the President 
     shall use the cost estimation procedures established under 
     paragraph (3) to determine the eligible cost under this 
     subsection.
       ``(ii) Applicability.--The procedures specified in this 
     paragraph and paragraph (2) shall apply only to projects the 
     eligible cost of which is equal to or greater than the amount 
     specified in section 422.
       ``(2) Modification of eligible cost.--
       ``(A) Actual cost greater than ceiling percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is greater than the ceiling percentage 
     established under paragraph (3) of the cost estimated under 
     paragraph (1), the President may determine that the eligible 
     cost includes a portion of the actual cost of the repair, 
     restoration, reconstruction, or replacement that exceeds the 
     cost estimated under paragraph (1).
       ``(B) Actual cost less than estimated cost.--
       ``(i) Greater than or equal to floor percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is less than 100 percent of the cost 
     estimated under paragraph (1), but is greater than or equal 
     to the floor percentage established under paragraph (3) of 
     the cost estimated under paragraph (1), the State or local 
     government or person receiving funds under this section shall 
     use the excess funds to carry out cost-effective activities 
     that reduce the risk of future damage, hardship, or suffering 
     from a major disaster.
       ``(ii) Less than floor percentage of estimated cost.--In 
     any case in which the actual cost of repairing, restoring, 
     reconstructing, or replacing a facility under this section is 
     less than the floor percentage established under paragraph 
     (3) of the cost estimated under paragraph (1), the State or 
     local government or person receiving assistance under this 
     section shall reimburse the President in the amount of the 
     difference.
       ``(C) No effect on appeals process.--Nothing in this 
     paragraph affects any right of appeal under section 423.
       ``(3) Expert panel.--
       ``(A) Establishment.--Not later than 18 months after the 
     date of the enactment of this paragraph, the President, 
     acting through the Director of the Federal Emergency 
     Management Agency, shall establish an expert panel, which 
     shall include representatives from the construction industry 
     and State and local government.
       ``(B) Duties.--The expert panel shall develop 
     recommendations concerning--
       ``(i) procedures for estimating the cost of repairing, 
     restoring, reconstructing, or replacing a facility consistent 
     with industry practices; and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(C) Regulations.--Taking into account the recommendations 
     of the expert panel under subparagraph (B), the President 
     shall promulgate regulations that establish--
       ``(i) cost estimation procedures described in subparagraph 
     (B)(i); and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(D) Review by president.--Not later than 2 years after 
     the date of promulgation of regulations under subparagraph 
     (C) and periodically thereafter, the President shall review 
     the cost estimation procedures and the ceiling and floor 
     percentages established under this paragraph.
       ``(E) Report to congress.--Not later than 1 year after the 
     date of promulgation of regulations under subparagraph (C), 3 
     years after that date, and at the end of each 2-year period 
     thereafter, the expert panel shall submit to Congress a 
     report on the appropriateness of the cost estimation 
     procedures.
       ``(4) Special rule.--In any case in which the facility 
     being repaired, restored, reconstructed, or replaced under 
     this section was under construction on the date of the major 
     disaster, the cost of repairing, restoring, reconstructing, 
     or replacing the facility shall include, for the purposes of 
     this section, only those costs that, under the contract for 
     the construction, are the owner's responsibility and not the 
     contractor's responsibility.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date of the enactment of this Act and 
     applies to funds appropriated after the date of the enactment 
     of this Act, except that paragraph (1) of section 406(e) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (as amended by paragraph (1)) takes effect on 
     the date on which the cost estimation procedures established 
     under paragraph (3) of that section take effect.
       (e) Conforming Amendment.--Section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (f).

     SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       (a) In General.--Section 408 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
     is amended to read as follows:

     ``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       ``(a) In General.--
       ``(1) Provision of assistance.--In accordance with this 
     section, the President, in consultation with the Governor of 
     a State, may provide financial assistance, and, if necessary, 
     direct services, to individuals and households in the State 
     who, as a direct result of a major disaster, have necessary 
     expenses and serious needs in cases in which the individuals 
     and households are unable to meet such expenses or needs 
     through other means.
       ``(2) Relationship to other assistance.--Under paragraph 
     (1), an individual or household shall not be denied 
     assistance under paragraph (1), (3), or (4) of subsection (c) 
     solely on the basis that the individual or household has not 
     applied for or received any loan or other financial 
     assistance from the Small Business Administration or any 
     other Federal agency.
       ``(b) Housing Assistance.--
       ``(1) Eligibility.--The President may provide financial or 
     other assistance under this section to individuals and 
     households to respond to the disaster-related housing needs 
     of individuals and households who are displaced from their 
     predisaster primary residences or whose predisaster primary 
     residences are rendered uninhabitable as a result of damage 
     caused by a major disaster.
       ``(2) Determination of appropriate types of assistance.--
       ``(A) In general.--The President shall determine 
     appropriate types of housing assistance to be provided under 
     this section to individuals and households described in 
     subsection (a)(1) based on considerations of cost 
     effectiveness, convenience to the individuals and households, 
     and such other factors as the President may consider 
     appropriate.
       ``(B) Multiple types of assistance.--One or more types of 
     housing assistance may be made available under this section, 
     based on the suitability and availability of the types of 
     assistance, to meet the needs of individuals and households 
     in the particular disaster situation.
       ``(c) Types of Housing Assistance.--
       ``(1) Temporary housing.--
       ``(A) Financial assistance.--
       ``(i) In general.--The President may provide financial 
     assistance to individuals or households to rent alternate 
     housing accommodations, existing rental units, manufactured 
     housing, recreational vehicles, or other readily fabricated 
     dwellings.
       ``(ii) Amount.--The amount of assistance under clause (i) 
     shall be based on the fair market rent for the accommodation 
     provided plus the cost of any transportation, utility 
     hookups, or unit installation not provided directly by the 
     President.
       ``(B) Direct assistance.--
       ``(i) In general.--The President may provide temporary 
     housing units, acquired by purchase or lease, directly to 
     individuals or households

[[Page 20990]]

     who, because of a lack of available housing resources, would 
     be unable to make use of the assistance provided under 
     subparagraph (A).
       ``(ii) Period of assistance.--The President may not provide 
     direct assistance under clause (i) with respect to a major 
     disaster after the end of the 18-month period beginning on 
     the date of the declaration of the major disaster by the 
     President, except that the President may extend that period 
     if the President determines that due to extraordinary 
     circumstances an extension would be in the public interest.
       ``(iii) Collection of rental charges.--After the end of the 
     18-month period referred to in clause (ii), the President may 
     charge fair market rent for each temporary housing unit 
     provided.
       ``(2) Repairs.--
       ``(A) In general.--The President may provide financial 
     assistance for--
       ``(i) the repair of owner-occupied private residences, 
     utilities, and residential infrastructure (such as a private 
     access route) damaged by a major disaster to a safe and 
     sanitary living or functioning condition; and
       ``(ii) eligible hazard mitigation measures that reduce the 
     likelihood of future damage to such residences, utilities, or 
     infrastructure.
       ``(B) Relationship to other assistance.--A recipient of 
     assistance provided under this paragraph shall not be 
     required to show that the assistance can be met through other 
     means, except insurance proceeds.
       ``(C) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $5,000, as adjusted annually to reflect changes in 
     the Consumer Price Index for All Urban Consumers published by 
     the Department of Labor.
       ``(3) Replacement.--
       ``(A) In general.--The President may provide financial 
     assistance for the replacement of owner-occupied private 
     residences damaged by a major disaster.
       ``(B) Maximum amount of assistance.--The amount of 
     assistance provided to a household under this paragraph shall 
     not exceed $10,000, as adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(C) Applicability of flood insurance requirement.--With 
     respect to assistance provided under this paragraph, the 
     President may not waive any provision of Federal law 
     requiring the purchase of flood insurance as a condition of 
     the receipt of Federal disaster assistance.
       ``(4) Permanent housing construction.--The President may 
     provide financial assistance or direct assistance to 
     individuals or households to construct permanent housing in 
     insular areas outside the continental United States and in 
     other remote locations in cases in which--
       ``(A) no alternative housing resources are available; and
       ``(B) the types of temporary housing assistance described 
     in paragraph (1) are unavailable, infeasible, or not cost-
     effective.
       ``(d) Terms and Conditions Relating to Housing 
     Assistance.--
       ``(1) Sites.--
       ``(A) In general.--Any readily fabricated dwelling provided 
     under this section shall, whenever practicable, be located on 
     a site that--
       ``(i) is complete with utilities; and
       ``(ii) is provided by the State or local government, by the 
     owner of the site, or by the occupant who was displaced by 
     the major disaster.
       ``(B) Sites provided by the president.--A readily 
     fabricated dwelling may be located on a site provided by the 
     President if the President determines that such a site would 
     be more economical or accessible.
       ``(2) Disposal of units.--
       ``(A) Sale to occupants.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a temporary housing unit purchased under this section by 
     the President for the purpose of housing disaster victims may 
     be sold directly to the individual or household who is 
     occupying the unit if the individual or household lacks 
     permanent housing.
       ``(ii) Sale price.--A sale of a temporary housing unit 
     under clause (i) shall be at a price that is fair and 
     equitable.
       ``(iii) Deposit of proceeds.--Notwithstanding any other 
     provision of law, the proceeds of a sale under clause (i) 
     shall be deposited in the appropriate Disaster Relief Fund 
     account.
       ``(iv) Hazard and flood insurance.--A sale of a temporary 
     housing unit under clause (i) shall be made on the condition 
     that the individual or household purchasing the housing unit 
     agrees to obtain and maintain hazard and flood insurance on 
     the housing unit.
       ``(v) Use of gsa services.--The President may use the 
     services of the General Services Administration to accomplish 
     a sale under clause (i).
       ``(B) Other methods of disposal.--If not disposed of under 
     subparagraph (A), a temporary housing unit purchased under 
     this section by the President for the purpose of housing 
     disaster victims--
       ``(i) may be sold to any person; or
       ``(ii) may be sold, transferred, donated, or otherwise made 
     available directly to a State or other governmental entity or 
     to a voluntary organization for the sole purpose of providing 
     temporary housing to disaster victims in major disasters and 
     emergencies if, as a condition of the sale, transfer, or 
     donation, the State, other governmental agency, or voluntary 
     organization agrees--

       ``(I) to comply with the nondiscrimination provisions of 
     section 308; and
       ``(II) to obtain and maintain hazard and flood insurance on 
     the housing unit.

       ``(e) Financial Assistance To Address Other Needs.--
       ``(1) Medical, dental, and funeral expenses.--The 
     President, in consultation with the Governor of a State, may 
     provide financial assistance under this section to an 
     individual or household in the State who is adversely 
     affected by a major disaster to meet disaster-related 
     medical, dental, and funeral expenses.
       ``(2) Personal property, transportation, and other 
     expenses.--The President, in consultation with the Governor 
     of a State, may provide financial assistance under this 
     section to an individual or household described in paragraph 
     (1) to address personal property, transportation, and other 
     necessary expenses or serious needs resulting from the major 
     disaster.
       ``(f) State Role.--
       ``(1) Financial assistance to address other needs.--
       ``(A) Grant to state.--Subject to subsection (g), a 
     Governor may request a grant from the President to provide 
     financial assistance to individuals and households in the 
     State under subsection (e).
       ``(B) Administrative costs.--A State that receives a grant 
     under subparagraph (A) may expend not more than 5 percent of 
     the amount of the grant for the administrative costs of 
     providing financial assistance to individuals and households 
     in the State under subsection (e).
       ``(2) Access to records.--In providing assistance to 
     individuals and households under this section, the President 
     shall provide for the substantial and ongoing involvement of 
     the States in which the individuals and households are 
     located, including by providing to the States access to the 
     electronic records of individuals and households receiving 
     assistance under this section in order for the States to make 
     available any additional State and local assistance to the 
     individuals and households.
       ``(g) Cost Sharing.--
       ``(1) Federal share.--Except as provided in paragraph (2), 
     the Federal share of the costs eligible to be paid using 
     assistance provided under this section shall be 100 percent.
       ``(2) Financial assistance to address other needs.--In the 
     case of financial assistance provided under subsection (e)--
       ``(A) the Federal share shall be 75 percent; and
       ``(B) the non-Federal share shall be paid from funds made 
     available by the State.
       ``(h) Maximum Amount of Assistance.--
       ``(1) In general.--No individual or household shall receive 
     financial assistance greater than $25,000 under this section 
     with respect to a single major disaster.
       ``(2) Adjustment of limit.--The limit established under 
     paragraph (1) shall be adjusted annually to reflect changes 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.
       ``(i) Rules and Regulations.--The President shall prescribe 
     rules and regulations to carry out this section, including 
     criteria, standards, and procedures for determining 
     eligibility for assistance.''.
       (b) Conforming Amendment.--Section 502(a)(6) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5192(a)(6)) is amended by striking ``temporary 
     housing''.
       (c) Elimination of Individual and Family Grant Programs.--
     Section 411 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5178) is repealed.
       (d) Effective Date.--The amendments made by this section 
     take effect 18 months after the date of the enactment of this 
     Act.

     SEC. 207. COMMUNITY DISASTER LOANS.

       Section 417 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5184) is amended--
       (1) by striking ``(a) The President'' and inserting the 
     following:
       ``(a) In General.--The President'';
       (2) by striking ``The amount'' and inserting the following:
       ``(b) Amount.--The amount'';
       (3) by striking ``Repayment'' and inserting the following:
       ``(c) Repayment.--
       ``(1) Cancellation.--Repayment'';
       (4) by striking ``(b) Any loans'' and inserting the 
     following:
       ``(d) Effect on Other Assistance.--Any loans'';
       (5) in subsection (b) (as designated by paragraph (2))--
       (A) by striking ``and shall'' and inserting ``shall''; and
       (B) by inserting before the period at the end the 
     following: ``, and shall not exceed $5,000,000''; and
       (6) in subsection (c) (as designated by paragraph (3)), by 
     adding at the end the following:
       ``(2) Condition on continuing eligibility.--A local 
     government shall not be eligible for further assistance under 
     this section during any period in which the local government 
     is in arrears with respect to a required repayment of a loan 
     under this section.''.

     SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS 
                   INITIATIVE.

       Not later than 3 years after the date of the enactment of 
     this Act, the President shall submit to Congress a report 
     describing the results of the State Management of Small 
     Disasters Initiative, including--
       (1) identification of any administrative or financial 
     benefits of the initiative; and
       (2) recommendations concerning the conditions, if any, 
     under which States should be allowed the option to administer 
     parts of the assistance program under section 406 of the 
     Robert

[[Page 20991]]

     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172).

     SEC. 209. STUDY REGARDING COST REDUCTION.

       Not later than 3 years after the date of the enactment of 
     this Act, the Director of the Congressional Budget Office 
     shall complete a study estimating the reduction in Federal 
     disaster assistance that has resulted and is likely to result 
     from the enactment of this Act.

                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

       The first section of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 note) is amended 
     to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act'.''.

     SEC. 302. DEFINITIONS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) in each of paragraphs (3) and (4), by striking ``the 
     Northern'' and all that follows through ``Pacific Islands'' 
     and inserting ``and the Commonwealth of the Northern Mariana 
     Islands'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Local government.--The term `local government' 
     means--
       ``(A) a county, municipality, city, town, township, local 
     public authority, school district, special district, 
     intrastate district, council of governments (regardless of 
     whether the council of governments is incorporated as a 
     nonprofit corporation under State law), regional or 
     interstate government entity, or agency or instrumentality of 
     a local government;
       ``(B) an Indian tribe or authorized tribal organization, or 
     Alaska Native village or organization; and
       ``(C) a rural community, unincorporated town or village, or 
     other public entity, for which an application for assistance 
     is made by a State or political subdivision of a State.''; 
     and
       (3) in paragraph (9), by inserting ``irrigation,'' after 
     ``utility,''.

     SEC. 303. FIRE MANAGEMENT ASSISTANCE.

       (a) In General.--Section 420 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) 
     is amended to read as follows:

     ``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

       ``(a) In General.--The President is authorized to provide 
     assistance, including grants, equipment, supplies, and 
     personnel, to any State or local government for the 
     mitigation, management, and control of any fire on public or 
     private forest land or grassland that threatens such 
     destruction as would constitute a major disaster.
       ``(b) Coordination With State and Tribal Departments of 
     Forestry.--In providing assistance under this section, the 
     President shall coordinate with State and tribal departments 
     of forestry.
       ``(c) Essential Assistance.--In providing assistance under 
     this section, the President may use the authority provided 
     under section 403.
       ``(d) Rules and Regulations.--The President shall prescribe 
     such rules and regulations as are necessary to carry out this 
     section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect 1 year after the date of the enactment of this 
     Act.

     SEC. 304. PRESIDENT'S COUNCIL ON DOMESTIC TERRORISM 
                   PREPAREDNESS.

       Title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended 
     by adding at the end the following:

  ``Subtitle C--President's Council on Domestic Terrorism Preparedness

     ``SEC. 651. ESTABLISHMENT OF COUNCIL.

       ``(a) In General.--There is established a council to be 
     known as the President's Council on Domestic Terrorism 
     Preparedness (in this subtitle referred to as the `Council').
       ``(b) Membership.--The Council shall be composed of the 
     following members:
       ``(1) The President.
       ``(2) The Director of the Federal Emergency Management 
     Agency.
       ``(3) The Attorney General.
       ``(4) The Secretary of Defense.
       ``(5) The Director of the Office of Management and Budget.
       ``(6) The Assistant to the President for National Security 
     Affairs.
       ``(7) Any additional members appointed by the President.
       ``(c) Chairman.--
       ``(1) In general.--The President shall serve as the 
     chairman of the Council.
       ``(2) Executive chairman.--The President may appoint an 
     Executive Chairman of the Council (in this subtitle referred 
     to as the `Executive Chairman'). The Executive Chairman shall 
     represent the President as chairman of the Council, including 
     in communications with Congress and State Governors.
       ``(3) Senate confirmation.--An individual selected to be 
     the Executive Chairman under paragraph (2) shall be appointed 
     by and with the advice and consent of the Senate, except that 
     Senate confirmation shall not be required if, on the date of 
     appointment, the individual holds a position for which Senate 
     confirmation was required.
       ``(d) First Meeting.--The first meeting of the Council 
     shall be held not later than 90 days after the date of the 
     enactment of this Act.

     ``SEC. 652. DUTIES OF COUNCIL.

       ``The Council shall carry out the following duties:
       ``(1) Establish the policies, objectives, and priorities of 
     the Federal Government for enhancing the capabilities of 
     State and local emergency preparedness and response personnel 
     in early detection and warning of and response to all 
     domestic terrorist attacks, including attacks involving 
     weapons of mass destruction.
       ``(2) Publish a Domestic Terrorism Preparedness Plan and an 
     annual strategy for carrying out the plan in accordance with 
     section 653, including the end state of preparedness for 
     emergency responders established under section 653(b)(1)(D).
       ``(3) To the extent practicable, rely on existing resources 
     (including planning documents, equipment lists, and program 
     inventories) in the execution of its duties.
       ``(4) Consult with and utilize existing interagency boards 
     and committees, existing governmental entities, and non-
     governmental organizations in the execution of its duties.
       ``(5) Ensure that a biennial review of the terrorist attack 
     preparedness programs of State and local governmental 
     entities is conducted and provide recommendations to the 
     entities based on the reviews.
       ``(6) Provide for the creation of a State and local 
     advisory group for the Council, to be composed of individuals 
     involved in State and local emergency preparedness and 
     response to terrorist attacks.
       ``(7) Provide for the establishment by the Council's State 
     and local advisory group of voluntary guidelines for the 
     terrorist attack preparedness programs of State and local 
     governmental entities in accordance with section 655.
       ``(8) Designate a Federal entity to consult with, and serve 
     as a contact for, State and local governmental entities 
     implementing terrorist attack preparedness programs.
       ``(9) Coordinate and oversee the implementation by Federal 
     departments and agencies of the policies, objectives, and 
     priorities established under paragraph (1) and the 
     fulfillment of the responsibilities of such departments and 
     agencies under the Domestic Terrorism Preparedness Plan.
       ``(10) Make recommendations to the heads of appropriate 
     Federal departments and agencies regarding--
       ``(A) changes in the organization, management, and resource 
     allocations of the departments and agencies; and
       ``(B) the allocation of personnel to and within the 
     departments and agencies,
     to implement the Domestic Terrorism Preparedness Plan.
       ``(11) Assess all Federal terrorism preparedness programs 
     and ensure that each program complies with the Domestic 
     Terrorism Preparedness Plan.
       ``(12) Identify duplication, fragmentation, and overlap 
     within Federal terrorism preparedness programs and eliminate 
     such duplication, fragmentation and overlap.
       ``(13) Evaluate Federal emergency response assets and make 
     recommendations regarding the organization, need, and 
     geographic location of such assets.
       ``(14) Establish general policies regarding financial 
     assistance to States based on potential risk and threat, 
     response capabilities, and ability to achieve the end state 
     of preparedness for emergency responders established under 
     section 653(b)(1)(D).
       ``(15) Notify a Federal department or agency in writing if 
     the Council finds that its policies are not in compliance 
     with its responsibilities under the Domestic Terrorism 
     Preparedness Plan.

     ``SEC. 653. DOMESTIC TERRORISM PREPAREDNESS PLAN AND ANNUAL 
                   STRATEGY.

       ``(a) Development of Plan.--Not later than 180 days after 
     the date of the first meeting of the Council, the Council 
     shall develop a Domestic Terrorism Preparedness Plan and 
     transmit a copy of the plan to Congress.
       ``(b) Contents.--
       ``(1) In general.--The Domestic Terrorism Preparedness Plan 
     shall include the following:
       ``(A) A statement of the policies, objectives, and 
     priorities established by the Council under section 652(1).
       ``(B) A plan for implementing such policies, objectives, 
     and priorities that is based on a threat, risk, and 
     capability assessment and includes measurable objectives to 
     be achieved in each of the following 5 years for enhancing 
     domestic preparedness against a terrorist attack.
       ``(C) A description of the specific role of each Federal 
     department and agency, and the roles of State and local 
     governmental entities, under the plan developed under 
     subparagraph (B).
       ``(D) A definition of an end state of preparedness for 
     emergency responders that sets forth measurable, minimum 
     standards of acceptability for preparedness.
       ``(2) Evaluation of federal response teams.--In preparing 
     the description under paragraph (1)(C), the Council shall 
     evaluate each Federal response team and the assistance that 
     the team offers to State and local emergency personnel when 
     responding to a terrorist attack. The evaluation shall 
     include an assessment of how the Federal response team will 
     assist State and local emergency personnel after the 
     personnel has achieved the end state of preparedness for 
     emergency responders established under paragraph (1)(D).
       ``(c) Annual Strategy.--
       ``(1) In general.--The Council shall develop and transmit 
     to Congress, on the date of transmittal of the Domestic 
     Terrorism Preparedness Plan and, in each of the succeeding 4 
     fiscal

[[Page 20992]]

     years, on the date that the President submits an annual 
     budget to Congress in accordance with section 1105(a) of 
     title 31, United States Code, an annual strategy for carrying 
     out the Domestic Terrorism Preparedness Plan in the fiscal 
     year following the fiscal year in which the strategy is 
     submitted.
       ``(2) Contents.--The annual strategy for a fiscal year 
     shall include the following:
       ``(A) An inventory of Federal training and exercise 
     programs, response teams, grant programs, and other programs 
     and activities related to domestic preparedness against a 
     terrorist attack conducted in the preceding fiscal year and a 
     determination as to whether any of such programs or 
     activities may be duplicative. The inventory shall consist of 
     a complete description of each such program and activity, 
     including the funding level and purpose of and goal to be 
     achieved by the program or activity.
       ``(B) If the Council determines under subparagraph (A) that 
     certain programs and activities are duplicative, a detailed 
     plan for consolidating, eliminating, or modifying the 
     programs and activities.
       ``(C) An inventory of Federal training and exercise 
     programs, grant programs, response teams, and other programs 
     and activities to be conducted in such fiscal year under the 
     Domestic Terrorism Preparedness Plan and measurable 
     objectives to be achieved in such fiscal year for enhancing 
     domestic preparedness against a terrorist attack. The 
     inventory shall provide for implementation of any plan 
     developed under subparagraph (B), relating to duplicative 
     programs and activities.
       ``(D) A complete assessment of how resource allocation 
     recommendations developed under section 654(a) are intended 
     to implement the annual strategy.
       ``(d) Consultation.--
       ``(1) In general.--In developing the Domestic Terrorism 
     Preparedness Plan and each annual strategy for carrying out 
     the plan, the Council shall consult with--
       ``(A) the head of each Federal department and agency that 
     will have responsibilities under the Domestic Terrorism 
     Preparedness Plan or annual strategy;
       ``(B) Congress;
       ``(C) State and local officials;
       ``(D) congressionally authorized panels; and
       ``(E) emergency preparedness organizations with memberships 
     that include State and local emergency responders.
       ``(2) Reports.--As part of the Domestic Terrorism 
     Preparedness Plan and each annual strategy for carrying out 
     the plan, the Council shall include a written statement 
     indicating the persons consulted under this subsection and 
     the recommendations made by such persons.
       ``(e) Transmission of Classified Information.--Any part of 
     the Domestic Terrorism Preparedness Plan or an annual 
     strategy for carrying out the plan that involves information 
     properly classified under criteria established by an 
     Executive order shall be presented to Congress separately.
       ``(f) Risk of Terrorist Attacks Against Transportation 
     Facilities.--
       ``(1) In general.--In developing the plan and risk 
     assessment under subsection (b), the Council shall designate 
     an entity to assess the risk of terrorist attacks against 
     transportation facilities, personnel, and passengers.
       ``(2) Contents.--In developing the plan and risk assessment 
     under subsection (b), the Council shall ensure that the 
     following three tasks are accomplished:
       ``(A) An examination of the extent to which transportation 
     facilities, personnel, and passengers have been the target of 
     terrorist attacks and the extent to which such facilities, 
     personnel, and passengers are vulnerable to such attacks.
       ``(B) An evaluation of Federal laws that can be used to 
     combat terrorist attacks against transportation facilities, 
     personnel, and passengers, and the extent to which such laws 
     are enforced. The evaluation may also include a review of 
     applicable State laws.
       ``(C) An evaluation of available technologies and practices 
     to determine the best means of protecting transportation 
     facilities, personnel, and passengers against terrorist 
     attacks.
       ``(3) Consultation.--In developing the plan and risk 
     assessment under subsection (b), the Council shall consult 
     with the Secretary of Transportation, representatives of 
     persons providing transportation, and representatives of 
     employees of such persons.
       ``(g) Monitoring.--The Council, with the assistance of the 
     Inspector General of the relevant Federal department or 
     agency as needed, shall monitor the implementation of the 
     Domestic Terrorism Preparedness Plan, including conducting 
     program and performance audits and evaluations.

     ``SEC. 654. NATIONAL DOMESTIC PREPAREDNESS BUDGET.

       ``(a) Recommendations Regarding Resource Allocations.--
       ``(1) Transmittal to council.--Each Federal Government 
     program manager, agency head, and department head with 
     responsibilities under the Domestic Terrorism Preparedness 
     Plan shall transmit to the Council for each fiscal year 
     recommended resource allocations for programs and activities 
     relating to such responsibilities on or before the earlier 
     of--
       ``(A) the 45th day before the date of the budget submission 
     of the department or agency to the Director of the Office of 
     Management and Budget for the fiscal year; or
       ``(B) August 15 of the fiscal year preceding the fiscal 
     year for which the recommendations are being made.
       ``(2) Transmittal to the office of management and budget.--
     The Council shall develop for each fiscal year 
     recommendations regarding resource allocations for each 
     program and activity identified in the annual strategy 
     completed under section 653 for the fiscal year. Such 
     recommendations shall be submitted to the relevant 
     departments and agencies and to the Director of the Office of 
     Management and Budget. The Director of the Office of 
     Management and Budget shall consider such recommendations in 
     formulating the annual budget of the President submitted to 
     Congress under section 1105(a) of title 31, United States 
     Code, and shall provide to the Council a written explanation 
     in any case in which the Director does not accept such a 
     recommendation.
       ``(3) Records.--The Council shall maintain records 
     regarding recommendations made and written explanations 
     received under paragraph (2) and shall provide such records 
     to Congress upon request. The Council may not fulfill such a 
     request before the date of submission of the relevant annual 
     budget of the President to Congress under section 1105(a) of 
     title 31, United States Code.
       ``(4) New programs or reallocation of resources.--The head 
     of a Federal department or agency shall consult with the 
     Council before acting to enhance the capabilities of State 
     and local emergency preparedness and response personnel with 
     respect to terrorist attacks by--
       ``(A) establishing a new program or office; or
       ``(B) reallocating resources, including Federal response 
     teams.

     ``SEC. 655. VOLUNTARY GUIDELINES FOR STATE AND LOCAL 
                   PROGRAMS.

       ``The Council shall provide for the establishment of 
     voluntary guidelines for the terrorist attack preparedness 
     programs of State and local governmental entities for the 
     purpose of providing guidance in the development and 
     implementation of such programs. The guidelines shall address 
     equipment, exercises, and training and shall establish a 
     desired threshold level of preparedness for State and local 
     emergency responders.

     ``SEC. 656. POWERS OF COUNCIL.

       ``In carrying out this subtitle, the Council may--
       ``(1) direct, with the concurrence of the Secretary of a 
     department or head of an agency, the temporary reassignment 
     within the Federal Government of personnel employed by such 
     department or agency;
       ``(2) use for administrative purposes, on a reimbursable 
     basis, the available services, equipment, personnel, and 
     facilities of Federal, State, and local agencies;
       ``(3) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at rates of 
     compensation for individuals not to exceed the daily 
     equivalent of the rate of pay payable for GS-18 of the 
     General Schedule under section 5332 of title 5, United States 
     Code;
       ``(4) accept and use donations of property from Federal, 
     State, and local government agencies;
       ``(5) use the mails in the same manner as any other 
     department or agency of the executive branch; and
       ``(6) request the assistance of the Inspector General of a 
     Federal department or agency in conducting audits and 
     evaluations under section 653(g).

     ``SEC. 657. ROLE OF COUNCIL IN NATIONAL SECURITY COUNCIL 
                   EFFORTS.

       ``The Council may, in the Council's role as principal 
     adviser to the National Security Council on Federal efforts 
     to assist State and local governmental entities in domestic 
     terrorist attack preparedness matters, and subject to the 
     direction of the President, attend and participate in 
     meetings of the National Security Council. The Council may, 
     subject to the direction of the President, participate in the 
     National Security Council's working group structure.

     ``SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF COUNCIL.

       ``(a) Executive Director.--The Council shall have an 
     Executive Director who shall be appointed by the President.
       ``(b) Staff.--The Executive Director may appoint such 
     personnel as the Executive Director considers appropriate. 
     Such personnel shall be assigned to the Council on a full-
     time basis and shall report to the Executive Director.
       ``(c) Administrative Support Services.--The Executive 
     Office of the President shall provide to the Council, on a 
     reimbursable basis, such administrative support services, 
     including office space, as the Council may request.

     ``SEC. 659. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS 
                   AND AGENCIES.

       ``(a) Requests for Assistance.--The head of each Federal 
     department and agency with responsibilities under the 
     Domestic Terrorism Preparedness Plan shall cooperate with the 
     Council and, subject to laws governing disclosure of 
     information, provide such assistance, information, and advice 
     as the Council may request.
       ``(b) Certification of Policy Changes by Council.--
       ``(1) In general.--The head of each Federal department and 
     agency with responsibilities under the Domestic Terrorism 
     Preparedness Plan shall, unless exigent circumstances require 
     otherwise, notify the Council in writing regarding any 
     proposed change in policies relating to the activities of 
     such department or agency under the Domestic Terrorism 
     Preparedness Plan prior to implementation of such change. The 
     Council shall promptly review such proposed change and 
     certify to the department or

[[Page 20993]]

     agency head in writing whether such change is consistent with 
     the Domestic Terrorism Preparedness Plan.
       ``(2) Notice in exigent circumstances.--If prior notice of 
     a proposed change under paragraph (1) is not possible, the 
     department or agency head shall notify the Council as soon as 
     practicable. The Council shall review such change and certify 
     to the department or agency head in writing whether such 
     change is consistent with the Domestic Terrorism Preparedness 
     Plan.

     ``SEC. 660. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subtitle $9,000,000 for fiscal year 2001 and such sums as may 
     be necessary for each of fiscal years 2002 through 2005. Such 
     sums shall remain available until expended.''.

     SEC. 305. DISASTER GRANT CLOSEOUT PROCEDURES.

       Title VII of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

       ``(a) Statute of Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     administrative action to recover any payment made to a State 
     or local government for disaster or emergency assistance 
     under this Act shall be initiated in any forum after the date 
     that is 3 years after the date of transmission of the final 
     expenditure report for the disaster or emergency.
       ``(2) Fraud exception.--The limitation under paragraph (1) 
     shall apply unless there is evidence of civil or criminal 
     fraud.
       ``(b) Rebuttal of Presumption of Record Maintenance.--
       ``(1) In general.--In any dispute arising under this 
     section after the date that is 3 years after the date of 
     transmission of the final expenditure report for the disaster 
     or emergency, there shall be a presumption that accounting 
     records were maintained that adequately identify the source 
     and application of funds provided for financially assisted 
     activities.
       ``(2) Affirmative evidence.--The presumption described in 
     paragraph (1) may be rebutted only on production of 
     affirmative evidence that the State or local government did 
     not maintain documentation described in that paragraph.
       ``(3) Inability to produce documentation.--The inability of 
     the Federal, State, or local government to produce source 
     documentation supporting expenditure reports later than 3 
     years after the date of transmission of the final expenditure 
     report shall not constitute evidence to rebut the presumption 
     described in paragraph (1).
       ``(4) Right of access.--The period during which the 
     Federal, State, or local government has the right to access 
     source documentation shall not be limited to the required 3-
     year retention period referred to in paragraph (3), but shall 
     last as long as the records are maintained.
       ``(c) Binding Nature of Grant Requirements.--A State or 
     local government shall not be liable for reimbursement or any 
     other penalty for any payment made under this Act if--
       ``(1) the payment was authorized by an approved agreement 
     specifying the costs;
       ``(2) the costs were reasonable; and
       ``(3) the purpose of the grant was accomplished.''.

     SEC. 306. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL 
                   AND STATE EMPLOYEES.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by 
     striking paragraph (7) and inserting the following:
       ``(7) `public safety officer' means--
       ``(A) an individual serving a public agency in an official 
     capacity, with or without compensation, as a law enforcement 
     officer, as a firefighter, or as a member of a rescue squad 
     or ambulance crew;
       ``(B) an employee of the Federal Emergency Management 
     Agency who is performing official duties of the Agency in an 
     area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the Director of the Federal 
     Emergency Management Agency to be hazardous duties; or
       ``(C) an employee of a State, local, or tribal emergency 
     management or civil defense agency who is performing official 
     duties in cooperation with the Federal Emergency Management 
     Agency in an area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the head of the agency to be 
     hazardous duties.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies only to employees described in subparagraphs (B) and 
     (C) of section 1204(7) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (as amended by subsection (a)) who are 
     injured or who die in the line of duty on or after the date 
     of the enactment of this Act.

     SEC. 307. BUY AMERICAN.

       (a) Compliance With Buy American Act.--No funds authorized 
     to be appropriated under this Act or any amendment made by 
     this Act may be expended by an entity unless the entity, in 
     expending the funds, complies with the Buy American Act (41 
     U.S.C. 10a et seq.).
       (b) Debarment of Persons Convicted of Fraudulent Use of 
     ``Made in America'' Labels.--
       (1) In general.--If the Director of the Federal Emergency 
     Management Agency determines that a person has been convicted 
     of intentionally affixing a label bearing a ``Made in 
     America'' inscription to any product sold in or shipped to 
     the United States that is not made in America, the Director 
     shall determine, not later than 90 days after determining 
     that the person has been so convicted, whether the person 
     should be debarred from contracting under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Definition of debar.--In this subsection, the term 
     ``debar'' has the meaning given the term in section 2393(c) 
     of title 10, United States Code.

     SEC. 308. TREATMENT OF CERTAIN REAL PROPERTY.

       (a) In General.--Notwithstanding the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or 
     any other provision of law, or any flood risk zone 
     identified, delineated, or established under any such law (by 
     flood insurance rate map or otherwise), the real property 
     described in subsection (b) shall not be considered to be, or 
     to have been, located in any area having special flood 
     hazards (including any floodway or floodplain).
       (b) Real Property.--The real property described in this 
     subsection is all land and improvements on the land located 
     in the Maple Terrace Subdivisions in the city of Sycamore, 
     DeKalb County, Illinois, including--
       (1) Maple Terrace Phase I;
       (2) Maple Terrace Phase II;
       (3) Maple Terrace Phase III Unit 1;
       (4) Maple Terrace Phase III Unit 2;
       (5) Maple Terrace Phase III Unit 3;
       (6) Maple Terrace Phase IV Unit 1;
       (7) Maple Terrace Phase IV Unit 2; and
       (8) Maple Terrace Phase IV Unit 3.
       (c) Revision of Flood Insurance Rate Lot Maps.--As soon as 
     practicable after the date of the enactment of this Act, the 
     Director of the Federal Emergency Management Agency shall 
     revise the appropriate flood insurance rate lot maps of the 
     agency to reflect the treatment under subsection (a) of the 
     real property described in subsection (b).

     SEC. 309. STUDY OF PARTICIPATION BY INDIAN TRIBES IN 
                   EMERGENCY MANAGEMENT.

       (a) Definition of Indian Tribe.--In this section, the term 
     ``Indian tribe'' has the meaning given the term in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (b) Study.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency shall conduct a study of participation by 
     Indian tribes in emergency management.
       (2) Required elements.--The study shall--
       (A) survey participation by Indian tribes in training, 
     predisaster and postdisaster mitigation, disaster 
     preparedness, and disaster recovery programs at the Federal 
     and State levels; and
       (B) review and assess the capacity of Indian tribes to 
     participate in cost-shared emergency management programs and 
     to participate in the management of the programs.
       (3) Consultation.--In conducting the study, the Director 
     shall consult with Indian tribes.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Director shall submit a report on 
     the study under subsection (b) to--
       (1) the Committee on Environment and Public Works of the 
     Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House with a further amendment which is 
at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment (No. 4299) is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SMITH of New Hampshire. Mr. President, I rise in support of H.R. 
707, the Disaster Mitigation Act of 2000, and urge its passage by the 
full Senate. This legislation represents compromise language negotiated 
with the House of Representatives, but, is, substantively, very similar 
to the bill passed by the Senate in July of this year. This bill will 
ensure that FEMA not only remains responsive to local communities after 
a disaster, but also makes disaster preparedness and mitigation a 
priority. Further, I am proud that this bill will also result in both 
short and long term savings to the American taxpayer while, at the same 
time, providing the states and local communities with added resources 
for future mitigation efforts. Through added efficiencies this bill 
saves billions in the long run.

[[Page 20994]]

  I would like to take this opportunity to thank a number of staff 
members who have worked so hard on this bill. In particular, I would 
like to recognize Marty Hall from my committee staff; Jo-Ellen Darcy, 
committee staff for Senator Baucus; Andy Wheeler and Mike Murray from 
Senator Inhofe's staff; and Jason McNamara from Senator Graham's staff.


                    emergency home repair assistance

  Mr. GRAHAM. The bill includes a provision that caps emergency home 
repair assistance for individuals and households at $5,000. Could the 
Chairman elaborate on this provision to describe what additional 
assistance might be available to individuals and households should 
their emergency home repair costs exceed $5,000?
  Mr. SMITH. I would be happy to elaborate on the provision. The bill 
caps ``non-means-tested'' emergency home repair assistance at $5,000. 
In other words, as long as insurance proceeds were not available, an 
individual or household would be eligible for up to $5,000 of emergency 
home repair assistance before he/she was required to seek additional 
assistance from other sources, such as the SBA Disaster Loan Program. 
If that individual or household was not able to obtain an SBA loan, 
then he/she could be eligible for additional emergency home repair 
assistance, as long as the total amount of FEMA assistance to this 
individual or household does not exceed $25,000.
  Mr. GRAHAM. Is it correct, then, that if an individual or household 
was unable to obtain a loan from SBA, or assistance from another 
source, then they could be eligible to receive additional emergency 
home repair assistance, based upon the regulations that FEMA 
promulgates for this section, and as long as the total FEMA assistance 
received by that individual or household does not exceed $25,000?
  Mr. SMITH. The Senator is correct.
  Mr. GRAHAM. I thank the Chairman for the clarification.

                          ____________________



                     RESTORATION OF ESTUARY HABITAT

  Mr. MACK. Mr. President, I ask that the Chair lay before the Senate a 
message from the House to accompany S. 835, ``An Act to encourage the 
restoration of estuary habitat through more efficient project financing 
and enhanced coordination of Federal and non-Federal restoration 
programs, and for other purposes.''
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 835) entitled 
     ``An Act to encourage the restoration of estuary habitat 
     through more efficient project financing and enhanced 
     coordination of Federal and non-Federal restoration programs, 
     and for other purposes'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Waters and Bays Act of 2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--ESTUARY RESTORATION

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Estuary habitat restoration program.
Sec. 105. Establishment of Estuary Habitat Restoration Council.
Sec. 106. Advisory board.
Sec. 107. Estuary habitat restoration strategy.
Sec. 108. Monitoring of estuary habitat restoration projects.
Sec. 109. Reporting.
Sec. 110. Funding.
Sec. 111. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.
Sec. 204. Sense of the Congress; requirement regarding notice.

                  TITLE III--NATIONAL ESTUARY PROGRAM.

Sec. 301. Additions to national estuary program.
Sec. 302. Grants.
Sec. 303. Authorization of appropriations.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

Sec. 401. Short title.
Sec. 402. Florida Keys water quality improvements.
Sec. 403. Sense of the Congress; requirement regarding notice.

                 TITLE V--LONG ISLAND SOUND RESTORATION

Sec. 501. Short title.
Sec. 502. Nitrogen credit trading system and other measures.
Sec. 503. Assistance for distressed communities.
Sec. 504. Reauthorization of appropriations.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 601. Short title.
Sec. 602. National estuary program.
Sec. 603. Lake Pontchartrain Basin.
Sec. 604. Sense of the Congress.

                  TITLE VII--ALTERNATIVE WATER SOURCES

Sec. 701. Short title.
Sec. 702. Grants for alternative water source projects.
Sec. 703. Sense of the Congress; requirement regarding notice.

                        TITLE VIII--CLEAN LAKES

Sec. 801. Grants to States.
Sec. 802. Demonstration program.
Sec. 803. Sense of the Congress; requirement regarding notice.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

Sec. 901. Short title.
Sec. 902. National estuary program.
Sec. 903. Mississippi Sound.
Sec. 904. Sense of the Congress.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 1001. Short title.
Sec. 1002. Purpose.
Sec. 1003. Definitions.
Sec. 1004. Actions to be taken by the Commission and the Administrator.
Sec. 1005. Negotiation of new treaty minute.
Sec. 1006. Authorization of appropriations.

                      TITLE I--ESTUARY RESTORATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Estuary Restoration Act of 
     2000''.

     SEC. 102. PURPOSES.

       The purposes of this title are--
       (1) to promote the restoration of estuary habitat;
       (2) to develop a national estuary habitat restoration 
     strategy for creating and maintaining effective estuary 
     habitat restoration partnerships among public agencies at all 
     levels of government and to establish new partnerships 
     between the public and private sectors;
       (3) to provide Federal assistance for estuary habitat 
     restoration projects and to promote efficient financing of 
     such projects; and
       (4) to develop and enhance monitoring and research 
     capabilities to ensure that estuary habitat restoration 
     efforts are based on sound scientific understanding and to 
     create a national database of estuary habitat restoration 
     information.

     SEC. 103. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Council.--The term ``Council'' means the Estuary 
     Habitat Restoration Council established by section 105.
       (2) Estuary.--The term ``estuary'' means a part of a river 
     or stream or other body of water that has an unimpaired 
     connection with the open sea and where the sea water is 
     measurably diluted with fresh water derived from land 
     drainage. The term also includes near coastal waters and 
     wetlands of the Great Lakes that are similar in form and 
     function to estuaries.
       (3) Estuary habitat.--The term ``estuary habitat'' means 
     the physical, biological, and chemical elements associated 
     with an estuary, including the complex of physical and 
     hydrologic features and living organisms within the estuary 
     and associated ecosystems.
       (4) Estuary habitat restoration activity.--
       (A) In general.--The term ``estuary habitat restoration 
     activity'' means an activity that results in improving 
     degraded estuaries or estuary habitat or creating estuary 
     habitat (including both physical and functional restoration), 
     with the goal of attaining a self-sustaining system 
     integrated into the surrounding landscape.
       (B) Included activities.--The term ``estuary habitat 
     restoration activity'' includes--
       (i) the reestablishment of chemical, physical, hydrologic, 
     and biological features and components associated with an 
     estuary;
       (ii) except as provided in subparagraph (C), the cleanup of 
     pollution for the benefit of estuary habitat;
       (iii) the control of nonnative and invasive species in the 
     estuary;
       (iv) the reintroduction of species native to the estuary, 
     including through such means as planting or promoting natural 
     succession;
       (v) the construction of reefs to promote fish and shellfish 
     production and to provide estuary habitat for living 
     resources; and
       (vi) other activities that improve estuary habitat.
       (C) Excluded activities.--The term ``estuary habitat 
     restoration activity'' does not include an activity that--
       (i) constitutes mitigation required under any Federal or 
     State law for the adverse effects of an activity regulated or 
     otherwise governed by Federal or State law; or
       (ii) constitutes restoration for natural resource damages 
     required under any Federal or State law.
       (5) Estuary habitat restoration project.--The term 
     ``estuary habitat restoration project''

[[Page 20995]]

     means a project to carry out an estuary habitat restoration 
     activity.
       (6) Estuary habitat restoration plan.--
       (A) In general.--The term ``estuary habitat restoration 
     plan'' means any Federal or State plan for restoration of 
     degraded estuary habitat that was developed with the 
     substantial participation of appropriate public and private 
     stakeholders.
       (B) Included plans and programs.--The term ``estuary 
     habitat restoration plan'' includes estuary habitat 
     restoration components of--
       (i) a comprehensive conservation and management plan 
     approved under section 320 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330);
       (ii) a lakewide management plan or remedial action plan 
     developed under section 118 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1268);
       (iii) a management plan approved under the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.); and
       (iv) the interstate management plan developed pursuant to 
     the Chesapeake Bay program under section 117 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1267).
       (8) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term by section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (9) Non-federal interest.--The term ``non-federal 
     interest'' means a State, a political subdivision of a State, 
     an Indian tribe, a regional or interstate agency, or, as 
     provided in section 104(g)(2), a nongovernmental 
     organization.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (11) State.--The term ``State'' means the States of 
     Alabama, Alaska, California, Connecticut, Delaware, Florida, 
     Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, 
     Maryland, Massachusetts, Michigan, Minnesota, Mississippi, 
     New Hampshire, New Jersey, New York, North Carolina, Ohio, 
     Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, 
     Virginia, Washington, and Wisconsin, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, the United States Virgin 
     Islands, American Samoa, and Guam.

     SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

       (a) Establishment.--There is established an estuary habitat 
     restoration program under which the Secretary may carry out 
     estuary habitat restoration projects and provide technical 
     assistance in accordance with the requirements of this title.
       (b) Origin of Projects.--A proposed estuary habitat 
     restoration project shall originate from a non-Federal 
     interest consistent with State or local laws.
       (c) Required Elements of Project Proposals.--To be eligible 
     for the estuary habitat restoration program established under 
     this title, each proposed estuary habitat restoration project 
     must--
       (1) address restoration needs identified in an estuary 
     habitat restoration plan;
       (2) be consistent with the estuary habitat restoration 
     strategy developed under section 107;
       (3) be technically feasible;
       (4) include a monitoring plan that is consistent with 
     standards for monitoring developed under section 108 to 
     ensure that short-term and long-term restoration goals are 
     achieved; and
       (5) include satisfactory assurance from the non-Federal 
     interests proposing the project that the non-Federal 
     interests will have adequate personnel, funding, and 
     authority to carry out and properly maintain the project.
       (d) Selection of Projects.--
       (1) In general.--The Secretary, after considering the 
     advice and recommendations of the Council, shall select 
     estuary habitat restoration projects taking into account the 
     following factors:
       (A) The scientific merit of the project.
       (B) Whether the project will encourage increased 
     coordination and cooperation among Federal, State, and local 
     government agencies.
       (C) Whether the project fosters public-private partnerships 
     and uses Federal resources to encourage increased private 
     sector involvement, including consideration of the amount of 
     private funds or in-kind contributions for an estuary habitat 
     restoration activity.
       (D) Whether the project is cost-effective.
       (E) Whether the State in which the non-Federal interest is 
     proposing the project has a dedicated source of funding to 
     acquire or restore estuary habitat, natural areas, and open 
     spaces for the benefit of estuary habitat restoration or 
     protection.
       (F) Other factors that the Secretary determines to be 
     reasonable and necessary for consideration.
       (2) Priority.--In selecting estuary habitat restoration 
     projects to be carried out under this title, the Secretary 
     shall give priority consideration to a project if, in 
     addition to meriting selection based on the factors under 
     paragraph (1)--
       (A) the project occurs within a watershed in which there is 
     a program being carried out that addresses sources of 
     pollution and other activities that otherwise would re-impair 
     the restored habitat; or
       (B) the project includes pilot testing or a demonstration 
     of an innovative technology having the potential for improved 
     cost-effectiveness in estuary habitat restoration.
       (e) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of an 
     estuary habitat restoration project carried out under this 
     title shall not exceed 65 percent of such cost.
       (2) Non-federal share.--The non-Federal share of the cost 
     of an estuary habitat restoration project carried out under 
     this title shall include lands, easements, rights-of-way, and 
     relocations and may include services, or any other form of 
     in-kind contribution determined by the Secretary to be an 
     appropriate contribution equivalent to the monetary amount 
     required for the non-Federal share of the activity.
       (f) Interim Actions.--
       (1) In general.--Pending completion of the estuary habitat 
     restoration strategy to be developed under section 107, the 
     Secretary may take interim actions to carry out an estuary 
     habitat restoration activity.
       (2) Federal share.--The Federal share of the cost of an 
     estuary habitat restoration activity before the completion of 
     the estuary habitat restoration strategy shall not exceed 25 
     percent of such cost.
       (g) Cooperation of Non-Federal Interests.--
       (1) In general.--The Secretary shall not select an estuary 
     habitat restoration project until a non-Federal interest has 
     entered into a written agreement with the Secretary in which 
     the non-Federal interest agrees to--
       (A) provide all lands, easements, rights-of-way, and 
     relocations and any other elements the Secretary determines 
     appropriate under subsection (e)(2); and
       (B) provide for maintenance and monitoring of the project 
     to the extent the Secretary determines necessary.
       (2) Nongovernmental organizations.--Notwithstanding section 
     221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 
     for any project undertaken under this title, the Secretary, 
     upon the recommendation of the Governor of the State in which 
     the project is located and in consultation with appropriate 
     officials of political subdivisions of such State, may allow 
     a nongovernmental organization to serve as the non-Federal 
     interest.
       (h) Delegation of Project Implementation.--In carrying out 
     this title, the Secretary may delegate project implementation 
     to another Federal department or agency on a reimbursable 
     basis if the Secretary, after considering the advice and 
     recommendations of the Council, determines such delegation is 
     appropriate.

     SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION 
                   COUNCIL.

       (a) Council.--There is established a council to be known as 
     the ``Estuary Habitat Restoration Council''.
       (b) Duties.--The Council shall be responsible for--
       (1) soliciting, reviewing, and evaluating project proposals 
     and making recommendations concerning such proposals based on 
     the factors specified in section 104(d)(1), including 
     recommendations as to a priority order for carrying out such 
     projects and as to whether a project should be carried out by 
     the Secretary or by another Federal department or agency 
     under section 104(h);
       (2) developing and transmitting to Congress a national 
     strategy for restoration of estuary habitat;
       (3) periodically reviewing the effectiveness of the 
     national strategy in meeting the purposes of this title and, 
     as necessary, updating the national strategy; and
       (4) providing advice on the development of the database, 
     monitoring standards, and report required under sections 108 
     and 109.
       (c) Membership.--The Council shall be composed of the 
     following members:
       (1) The Secretary (or the Secretary's designee).
       (2) The Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce (or the Under Secretary's designee).
       (3) The Administrator of the Environmental Protection 
     Agency (or the Administrator's designee).
       (4) The Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service (or 
     such Secretary's designee).
       (5) The Secretary of Agriculture (or such Secretary's 
     designee).
       (6) The head of any other Federal agency designated by the 
     President to serve as an ex officio member of the Council.
       (d) Prohibition of Compensation.--Members of the Council 
     may not receive compensation for their service as members of 
     the Council.
       (e) Chairperson.--The chairperson shall be elected by the 
     Council from among its members for a 3-year term, except that 
     the first elected chairperson may serve a term of fewer than 
     3 years.
       (f) Convening of Council.--
       (1) First meeting.--The Secretary shall convene the first 
     meeting of the Council not later than 60 days after the date 
     of the enactment of this Act for the purpose of electing a 
     chairperson.
       (2) Additional meetings.--The chairperson shall convene 
     additional meetings of the Council as often as appropriate to 
     ensure that this title is fully carried out, but not less 
     often than annually.
       (g) Council Procedures.--The Council shall establish 
     procedures for voting, the conduct of meetings, and other 
     matters, as necessary.
       (h) Public Participation.--Meetings of the Council shall be 
     open to the public. The Council shall provide notice to the 
     public of such meetings.

[[Page 20996]]



     SEC. 106. ADVISORY BOARD.

       (a) In General.--The Council shall establish an advisory 
     board (in this section referred to as the ``board'').
       (b) Duties.--The board shall provide advice and 
     recommendations to the Council--
       (1) on the strategy developed pursuant to section 107; and
       (2) on the Council's consideration of proposed estuary 
     habitat restoration projects and the Council's 
     recommendations to the Secretary pursuant to section 
     105(b)(1), including advice on the scientific merit, 
     technical merit, and feasibility of a project.
       (c) Members.--The Council shall appoint members of the 
     board representing diverse public and private interests. 
     Members of the board shall be selected such that the board 
     consists of--
       (1) three members with recognized academic scientific 
     expertise in estuary or estuary habitat restoration;
       (2) three members representing State agencies with 
     expertise in estuary or estuary habitat restoration;
       (3) two members representing local or regional government 
     agencies with expertise in estuary or estuary habitat 
     restoration;
       (4) two members representing nongovernmental organizations 
     with expertise in estuary or estuary habitat restoration;
       (5) two members representing fishing interests;
       (6) two members representing estuary users other than 
     fishing interests;
       (7) two members representing agricultural interests; and
       (8) two members representing Indian tribes.
       (d) Terms.--
       (1) In general.--Except as provided by subparagraph (B), 
     members of the board shall be appointed for a term of 3 
     years.
       (2) Initial members.--As designated by the chairperson of 
     the Council at the time of appointment, of the members first 
     appointed--
       (A) nine shall be appointed for a term of 1 year; and
       (B) nine shall be appointed for a term of 2 years.
       (e) Vacancies.--Whenever a vacancy occurs among members of 
     the board, the Council shall appoint an appropriate 
     individual to fill that vacancy for the remainder of the 
     applicable term.
       (f) Board Leadership.--The board shall elect from among its 
     members a chairperson of the board to represent the board in 
     matters related to its duties under this title.
       (g) Compensation.--Members of the board shall not be 
     considered to be employees of the United States and may not 
     receive compensation for their service as members of the 
     board, except that while engaged in the performance of their 
     duties while away from their homes or regular place of 
     business, members of the board may be allowed necessary 
     travel expenses as authorized by section 5703 of title 5, 
     United States Code.
       (h) Technical Support.--Technical support may be provided 
     to the board by regional and field staff of the Corps of 
     Engineers, the Environmental Protection Agency, the National 
     Oceanic and Atmospheric Administration, the United States 
     Fish and Wildlife Service, and the Department of Agriculture. 
     The Secretary shall coordinate the provision of such 
     assistance.
       (i) Administrative Support Services.--Upon the request of 
     the board, the Secretary may provide to the board the 
     administrative support services necessary for the board to 
     carry out its responsibilities under this title.
       (j) Funding.--From amounts appropriated for that purpose 
     under section 110, the Secretary shall provide funding for 
     the board to carry out its duties under this title.

     SEC. 107. ESTUARY HABITAT RESTORATION STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Council, in consultation with 
     the advisory board established under section 106, shall 
     develop an estuary habitat restoration strategy designed to 
     ensure a comprehensive approach to maximize benefits derived 
     from estuary habitat restoration projects and to foster the 
     coordination of Federal and non-Federal activities related to 
     restoration of estuary habitat.
       (b) Goal.--The goal of the strategy shall be the 
     restoration of 1,000,000 acres of estuary habitat by the year 
     2010.
       (c) Integration of Estuary Habitat Restoration Plans, 
     Programs, and Partnerships.--In developing the estuary 
     habitat restoration strategy, the Council shall--
       (1) conduct a review of estuary management or habitat 
     restoration plans and Federal programs established under 
     other laws that authorize funding for estuary habitat 
     restoration activities; and
       (2) ensure that the estuary habitat restoration strategy is 
     developed in a manner that is consistent with the estuary 
     management or habitat restoration plans.
       (d) Elements of the Strategy.--The estuary habitat 
     restoration strategy shall include proposals, methods, and 
     guidance on--
       (1) maximizing the incentives for the creation of new 
     public-private partnerships to carry out estuary habitat 
     restoration projects and the use of Federal resources to 
     encourage increased private sector involvement in estuary 
     habitat restoration activities;
       (2) ensuring that the estuary habitat restoration strategy 
     will be implemented in a manner that is consistent with the 
     estuary management or habitat restoration plans;
       (3) promoting estuary habitat restoration projects to--
       (A) provide healthy ecosystems in order to support--
       (i) wildlife, including endangered and threatened species, 
     migratory birds, and resident species of an estuary 
     watershed; and
       (ii) fish and shellfish, including commercial and 
     recreational fisheries;
       (B) improve surface and ground water quality and quantity, 
     and flood control;
       (C) provide outdoor recreation and other direct and 
     indirect values; and
       (D) address other areas of concern that the Council 
     determines to be appropriate for consideration;
       (4) addressing the estimated historic losses, estimated 
     current rate of loss, and extent of the threat of future loss 
     or degradation of each type of estuary habitat;
       (5) measuring the rate of change for each type of estuary 
     habitat;
       (6) selecting a balance of smaller and larger estuary 
     habitat restoration projects; and
       (7) ensuring equitable geographic distribution of projects 
     funded under this title.
       (e) Public Review and Comment.--Before the Council adopts a 
     final or revised estuary habitat restoration strategy, the 
     Secretary shall publish in the Federal Register a draft of 
     the estuary habitat restoration strategy and provide an 
     opportunity for public review and comment.
       (f) Periodic Revision.--Using data and information 
     developed through project monitoring and management, and 
     other relevant information, the Council may periodically 
     review and update, as necessary, the estuary habitat 
     restoration strategy.

     SEC. 108. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.

       (a) Under Secretary.--In this section, the term ``Under 
     Secretary'' means the Under Secretary for Oceans and 
     Atmosphere of the Department of Commerce.
       (b) Database of Restoration Project Information.--The Under 
     Secretary, in consultation with the Council, shall develop 
     and maintain an appropriate database of information 
     concerning estuary habitat restoration projects carried out 
     under this title, including information on project 
     techniques, project completion, monitoring data, and other 
     relevant information.
       (c) Monitoring Data Standards.--The Under Secretary, in 
     consultation with the Council, shall develop standard data 
     formats for monitoring projects, along with requirements for 
     types of data collected and frequency of monitoring.
       (d) Coordination of Data.--The Under Secretary shall 
     compile information that pertains to estuary habitat 
     restoration projects from other Federal, State, and local 
     sources and that meets the quality control requirements and 
     data standards established under this section.
       (e) Use of Existing Programs.--The Under Secretary shall 
     use existing programs within the National Oceanic and 
     Atmospheric Administration to create and maintain the 
     database required under this section.
       (f) Public Availability.--The Under Secretary shall make 
     the information collected and maintained under this section 
     available to the public.

     SEC. 109. REPORTING.

       (a) In General.--At the end of the third and fifth fiscal 
     years following the date of the enactment of this Act, the 
     Secretary, after considering the advice and recommendations 
     of the Council, shall transmit to Congress a report on the 
     results of activities carried out under this title.
       (b) Contents of Report.--A report under subsection (a) 
     shall include--
       (1) data on the number of acres of estuary habitat restored 
     under this title, including descriptions of, and partners 
     involved with, projects selected, in progress, and completed 
     under this title that comprise those acres;
       (2) information from the database established under section 
     108(b) related to ongoing monitoring of projects to ensure 
     that short-term and long-term restoration goals are achieved;
       (3) an estimate of the long-term success of varying 
     restoration techniques used in carrying out estuary habitat 
     restoration projects;
       (4) a review of how the information described in paragraphs 
     (1) through (3) has been incorporated in the selection and 
     implementation of estuary habitat restoration projects;
       (5) a review of efforts made to maintain an appropriate 
     database of restoration projects carried out under this 
     title; and
       (6) a review of the measures taken to provide the 
     information described in paragraphs (1) through (3) to 
     persons with responsibility for assisting in the restoration 
     of estuary habitat.

     SEC. 110. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Estuary habitat restoration projects.--There is 
     authorized to be appropriated to the Secretary for carrying 
     out and providing technical assistance for estuary habitat 
     restoration projects--
       (A) $30,000,000 for fiscal year 2001;
       (B) $35,000,000 for fiscal year 2002; and
       (C) $45,000,000 for each of fiscal years 2003 through 2005.

     Such amounts shall remain available until expended.
       (2) Monitoring.--There is authorized to be appropriated to 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce for the acquisition, maintenance, and 
     management of monitoring data on restoration projects carried 
     out under this title, $1,500,000 for each of fiscal years 
     2001 through 2005. Such amounts shall remain available until 
     expended.
       (b) Set-Aside for Administrative Expenses of the Council 
     and Advisory Board.--Not to exceed 3 percent of the amounts 
     appropriated

[[Page 20997]]

     for a fiscal year under subsection (a)(1) or $1,500,000, 
     whichever is greater, may be used by the Secretary for 
     administration and operation of the Council and the advisory 
     board established under section 106.

     SEC. 111. GENERAL PROVISIONS.

       (a) Agency Consultation and Coordination.--In carrying out 
     this title, the Secretary shall, as necessary, consult with, 
     cooperate with, and coordinate its activities with the 
     activities of other Federal departments and agencies.
       (b) Cooperative Agreements; Memoranda of Understanding.--In 
     carrying out this title, the Secretary may--
       (1) enter into cooperative agreements with Federal, State, 
     and local government agencies and other entities; and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.
       (c) Federal Agency Facilities and Personnel.--Federal 
     agencies may cooperate in carrying out scientific and other 
     programs necessary to carry out this title, and may provide 
     facilities and personnel, for the purpose of assisting the 
     Council in carrying out its duties under this title.
       (d) Identification and Mapping of Dredged Material Disposal 
     Sites.--In consultation with appropriate Federal and non-
     Federal public entities, the Secretary shall undertake, and 
     update as warranted by changed conditions, surveys to 
     identify and map sites appropriate for beneficial uses of 
     dredged material for the protection, restoration, and 
     creation of aquatic and ecologically related habitats, 
     including wetlands, in order to further the purposes of this 
     title.
       (e) Study of Bioremediation Technology.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Environmental Protection Agency, with the participation of 
     the estuarine scientific community, shall begin a 2-year 
     study on the efficacy of bioremediation products.
       (2) Requirements.--The study shall--
       (A) evaluate and assess bioremediation technology--
       (i) on low-level petroleum hydrocarbon contamination from 
     recreational boat bilges;
       (ii) on low-level petroleum hydrocarbon contamination from 
     stormwater discharges;
       (iii) on nonpoint petroleum hydrocarbon discharges; and
       (iv) as a first response tool for petroleum hydrocarbon 
     spills; and
       (B) recommend management actions to optimize the return of 
     a healthy and balanced ecosystem and make improvements in the 
     quality and character of estuarine waters.

                  TITLE II--CHESAPEAKE BAY RESTORATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Chesapeake Bay Restoration 
     Act of 2000''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Chesapeake Bay is a national treasure and a 
     resource of worldwide significance;
       (2) over many years, the productivity and water quality of 
     the Chesapeake Bay and its watershed were diminished by 
     pollution, excessive sedimentation, shoreline erosion, the 
     impacts of population growth and development in the 
     Chesapeake Bay watershed, and other factors;
       (3) the Federal Government (acting through the 
     Administrator of the Environmental Protection Agency), the 
     Governor of the State of Maryland, the Governor of the 
     Commonwealth of Virginia, the Governor of the Commonwealth of 
     Pennsylvania, the Chairperson of the Chesapeake Bay 
     Commission, and the Mayor of the District of Columbia, as 
     Chesapeake Bay Agreement signatories, have committed to a 
     comprehensive cooperative program to achieve improved water 
     quality and improvements in the productivity of living 
     resources of the Bay;
       (4) the cooperative program described in paragraph (3) 
     serves as a national and international model for the 
     management of estuaries; and
       (5) there is a need to expand Federal support for 
     monitoring, management, and restoration activities in the 
     Chesapeake Bay and the tributaries of the Bay in order to 
     meet and further the original and subsequent goals and 
     commitments of the Chesapeake Bay Program.
       (b) Purposes.--The purposes of this title are--
       (1) to expand and strengthen cooperative efforts to restore 
     and protect the Chesapeake Bay; and
       (2) to achieve the goals established in the Chesapeake Bay 
     Agreement.

     SEC. 203. CHESAPEAKE BAY.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended to read as follows:

     ``SEC. 117. CHESAPEAKE BAY.

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Administrative cost.--The term `administrative cost' 
     means the cost of salaries and fringe benefits incurred in 
     administering a grant under this section.
       ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the Chesapeake Bay 
     ecosystem and signed by the Chesapeake Executive Council.
       ``(3) Chesapeake bay ecosystem.--The term `Chesapeake Bay 
     ecosystem' means the ecosystem of the Chesapeake Bay and its 
     watershed.
       ``(4) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     Agreement.
       ``(5) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(6) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(b) Continuation of Chesapeake Bay Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall continue the Chesapeake Bay Program.
       ``(2) Program office.--
       ``(A) In general.--The Administrator shall maintain in the 
     Environmental Protection Agency a Chesapeake Bay Program 
     Office.
       ``(B) Function.--The Chesapeake Bay Program Office shall 
     provide support to the Chesapeake Executive Council by--
       ``(i) implementing and coordinating science, research, 
     modeling, support services, monitoring, data collection, and 
     other activities that support the Chesapeake Bay Program;
       ``(ii) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Bay ecosystem;
       ``(iii) in cooperation with appropriate Federal, State, and 
     local authorities, assisting the signatories to the 
     Chesapeake Bay Agreement in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(iv) coordinating the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies to--

       ``(I) improve the water quality and living resources in the 
     Chesapeake Bay ecosystem; and
       ``(II) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and

       ``(v) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Bay.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Assistance Grants.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council, the Administrator may provide technical 
     assistance, and assistance grants, to nonprofit 
     organizations, State and local governments, colleges, 
     universities, and interstate agencies to achieve the goals 
     and requirements contained in subsection (g)(1), subject to 
     such terms and conditions as the Administrator considers 
     appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of an assistance grant provided under 
     paragraph (1) shall be determined by the Administrator in 
     accordance with guidance issued by the Administrator.
       ``(B) Small watershed grants program.--The Federal share of 
     an assistance grant provided under paragraph (1) to carry out 
     an implementing activity under subsection (g)(2) shall not 
     exceed 75 percent of eligible project costs, as determined by 
     the Administrator.
       ``(3) Non-federal share.--An assistance grant under 
     paragraph (1) shall be provided on the condition that non-
     Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Administrative costs.--Administrative costs shall not 
     exceed 10 percent of the annual grant award.
       ``(e) Implementation and Monitoring Grants.--
       ``(1) In general.--If a signatory jurisdiction has approved 
     and committed to implement all or substantially all aspects 
     of the Chesapeake Bay Agreement, on the request of the chief 
     executive of the jurisdiction, the Administrator--
       ``(A) shall make a grant to the jurisdiction for the 
     purpose of implementing the management mechanisms established 
     under the Chesapeake Bay Agreement, subject to such terms and 
     conditions as the Administrator considers appropriate; and
       ``(B) may make a grant to a signatory jurisdiction for the 
     purpose of monitoring the Chesapeake Bay ecosystem.
       ``(2) Proposals.--
       ``(A) In general.--A signatory jurisdiction described in 
     paragraph (1) may apply for a grant under this subsection for 
     a fiscal year by submitting to the Administrator a 
     comprehensive proposal to implement management mechanisms 
     established under the Chesapeake Bay Agreement.
       ``(B) Contents.--A proposal under subparagraph (A) shall 
     include--
       ``(i) a description of proposed management mechanisms that 
     the jurisdiction commits to take within a specified time 
     period, such as reducing or preventing pollution in the 
     Chesapeake Bay and its watershed or meeting applicable water 
     quality standards or established goals and objectives under 
     the Chesapeake Bay Agreement; and
       ``(ii) the estimated cost of the actions proposed to be 
     taken during the fiscal year.

[[Page 20998]]

       ``(3) Approval.--If the Administrator finds that the 
     proposal is consistent with the Chesapeake Bay Agreement and 
     the national goals established under section 101(a), the 
     Administrator may approve the proposal for an award.
       ``(4) Federal share.--The Federal share of an 
     implementation grant under this subsection shall not exceed 
     50 percent of the cost of implementing the management 
     mechanisms during the fiscal year.
       ``(5) Non-federal share.--An implementation grant under 
     this subsection shall be made on the condition that non-
     Federal sources provide the remainder of the costs of 
     implementing the management mechanisms during the fiscal 
     year.
       ``(6) Administrative costs.--Administrative costs shall not 
     exceed 10 percent of the annual grant award.
       ``(7) Reporting.--On or before October 1 of each fiscal 
     year, the Administrator shall make available to the public a 
     document that lists and describes, in the greatest 
     practicable degree of detail--
       ``(A) all projects and activities funded for the fiscal 
     year;
       ``(B) the goals and objectives of projects funded for the 
     previous fiscal year; and
       ``(C) the net benefits of projects funded for previous 
     fiscal years.
       ``(f) Federal Facilities and Budget Coordination.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Bay watershed shall 
     participate in regional and subwatershed planning and 
     restoration programs.
       ``(2) Compliance with agreement.--The head of each Federal 
     agency that owns or occupies real property in the Chesapeake 
     Bay watershed shall ensure that the property, and actions 
     taken by the agency with respect to the property, comply with 
     the Chesapeake Bay Agreement, the Federal Agencies Chesapeake 
     Ecosystem Unified Plan, and any subsequent agreements and 
     plans.
       ``(3) Budget coordination.--
       ``(A) In general.--As part of the annual budget submission 
     of each Federal agency with projects or grants related to 
     restoration, planning, monitoring, or scientific 
     investigation of the Chesapeake Bay ecosystem, the head of 
     the agency shall submit to the President a report that 
     describes plans for the expenditure of the funds under this 
     section.
       ``(B) Disclosure to the council.--The head of each agency 
     referred to in subparagraph (A) shall disclose the report 
     under that subparagraph with the Chesapeake Executive Council 
     as appropriate.
       ``(g) Chesapeake Bay Program.--
       ``(1) Management strategies.--The Administrator, in 
     coordination with other members of the Chesapeake Executive 
     Council, shall ensure that management plans are developed and 
     implementation is begun by signatories to the Chesapeake Bay 
     Agreement to achieve--
       ``(A) the nutrient goals of the Chesapeake Bay Agreement 
     for the quantity of nitrogen and phosphorus entering the 
     Chesapeake Bay and its watershed;
       ``(B) the water quality requirements necessary to restore 
     living resources in the Chesapeake Bay ecosystem;
       ``(C) the Chesapeake Bay Basinwide Toxins Reduction and 
     Prevention Strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources of the Chesapeake Bay ecosystem or on 
     human health;
       ``(D) habitat restoration, protection, creation, and 
     enhancement goals established by Chesapeake Bay Agreement 
     signatories for wetlands, riparian forests, and other types 
     of habitat associated with the Chesapeake Bay ecosystem; and
       ``(E) the restoration, protection, creation, and 
     enhancement goals established by the Chesapeake Bay Agreement 
     signatories for living resources associated with the 
     Chesapeake Bay ecosystem.
       ``(2) Small watershed grants program.--The Administrator, 
     in cooperation with the Chesapeake Executive Council, shall--
       ``(A) establish a small watershed grants program as part of 
     the Chesapeake Bay Program; and
       ``(B) offer technical assistance and assistance grants 
     under subsection (d) to local governments and nonprofit 
     organizations and individuals in the Chesapeake Bay region to 
     implement--
       ``(i) cooperative tributary basin strategies that address 
     the water quality and living resource needs in the Chesapeake 
     Bay ecosystem; and
       ``(ii) locally based protection and restoration programs or 
     projects within a watershed that complement the tributary 
     basin strategies, including the creation, restoration, 
     protection, or enhancement of habitat associated with the 
     Chesapeake Bay ecosystem.
       ``(h) Study of Chesapeake Bay Program.--
       ``(1) In general.--Not later than April 22, 2000, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Chesapeake Executive Council, shall complete a study and 
     submit to Congress a comprehensive report on the results of 
     the study.
       ``(2) Requirements.--The study and report shall--
       ``(A) assess the state of the Chesapeake Bay ecosystem;
       ``(B) compare the current state of the Chesapeake Bay 
     ecosystem with its state in 1975, 1985, and 1995;
       ``(C) assess the effectiveness of management strategies 
     being implemented on the date of the enactment of this 
     section and the extent to which the priority needs are being 
     met;
       ``(D) make recommendations for the improved management of 
     the Chesapeake Bay Program either by strengthening strategies 
     being implemented on the date of the enactment of this 
     section or by adopting new strategies; and
       ``(E) be presented in such a format as to be readily 
     transferable to and usable by other watershed restoration 
     programs.
       ``(i) Special Study of Living Resource Response.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Administrator shall 
     commence a 5-year special study with full participation of 
     the scientific community of the Chesapeake Bay to establish 
     and expand understanding of the response of the living 
     resources of the Chesapeake Bay ecosystem to improvements in 
     water quality that have resulted from investments made 
     through the Chesapeake Bay Program.
       ``(2) Requirements.--The study shall--
       ``(A) determine the current status and trends of living 
     resources, including grasses, benthos, phytoplankton, 
     zooplankton, fish, and shellfish;
       ``(B) establish to the extent practicable the rates of 
     recovery of the living resources in response to improved 
     water quality condition;
       ``(C) evaluate and assess interactions of species, with 
     particular attention to the impact of changes within and 
     among trophic levels; and
       ``(D) recommend management actions to optimize the return 
     of a healthy and balanced ecosystem in response to 
     improvements in the quality and character of the waters of 
     the Chesapeake Bay.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 2000 through 2005.''.

     SEC. 204. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under 
     section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267), it is the sense of the Congress that entities 
     receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under section 117 of the Federal Water 
     Pollution Control Act, the head of each Federal agency shall 
     provide to each recipient of the assistance a notice 
     describing the statement made in subsection (a) by Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under section 117 of the Federal Water Pollution Control Act 
     shall report any expenditures on foreign-made items to 
     Congress within 180 days of the expenditure.

                  TITLE III--NATIONAL ESTUARY PROGRAM

     SEC. 301. ADDITIONS TO NATIONAL ESTUARY PROGRAM.

       Section 320(a)(2)(B) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake 
     Ponchartrain Basin, Louisiana and Mississippi; Mississippi 
     Sound, Mississippi;'' before ``and Peconic Bay, New York.''.

     SEC. 302. GRANTS.

       Section 320(g) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1330(g)) is amended by striking paragraphs (2) and 
     (3) and inserting the following:
       ``(2) Purposes.--Grants under this subsection shall be made 
     to pay for activities necessary for the development and 
     implementation of a comprehensive conservation and management 
     plan under this section.
       ``(3) Federal share.--The Federal share of a grant to any 
     person (including a State, interstate, or regional agency or 
     entity) under this subsection for a fiscal year--
       ``(A) shall not exceed--
       ``(i) 75 percent of the annual aggregate costs of the 
     development of a comprehensive conservation and management 
     plan; and
       ``(ii) 50 percent of the annual aggregate costs of the 
     implementation of the plan; and
       ``(B) shall be made on condition that the non-Federal share 
     of the costs are provided from non-Federal sources.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 320(i) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1330(i)) is amended by striking ``$12,000,000 per 
     fiscal year for each of fiscal years 1987, 1988, 1989, 1990, 
     and 1991'' and inserting ``$50,000,000 for each of fiscal 
     years 2000 through 2004''.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Florida Keys Water Quality 
     Improvements Act of 2000''.

     SEC. 402. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 121. FLORIDA KEYS.

       ``(a) In General.--Subject to the requirements of this 
     section, the Administrator may make grants to the Florida 
     Keys Aqueduct Authority, appropriate agencies of 
     municipalities of Monroe County, Florida, and other 
     appropriate public agencies of the State of Florida or Monroe 
     County for the planning and construction of treatment works 
     to improve water quality in the Florida Keys National Marine 
     Sanctuary.
       ``(b) Criteria for Projects.--In applying for a grant for a 
     project under subsection (a), an applicant shall demonstrate 
     that--

[[Page 20999]]

       ``(1) the applicant has completed adequate planning and 
     design activities for the project;
       ``(2) the applicant has completed a financial plan 
     identifying sources of non-Federal funding for the project;
       ``(3) the project complies with--
       ``(A) applicable growth management ordinances of Monroe 
     County, Florida;
       ``(B) applicable agreements between Monroe County, Florida, 
     and the State of Florida to manage growth in Monroe County, 
     Florida; and
       ``(C) applicable water quality standards; and
       ``(4) the project is consistent with the master wastewater 
     and stormwater plans for Monroe County, Florida.
       ``(c) Consideration.--In selecting projects to receive 
     grants under subsection (a), the Administrator shall consider 
     whether a project will have substantial water quality 
     benefits relative to other projects under consideration.
       ``(d) Consultation.--In carrying out this section, the 
     Administrator shall consult with--
       ``(1) the Water Quality Steering Committee established 
     under section 8(d)(2)(A) of the Florida Keys National Marine 
     Sanctuary and Protection Act (106 Stat. 5054);
       ``(2) the South Florida Ecosystem Restoration Task Force 
     established by section 528(f) of the Water Resources 
     Development Act of 1996 (110 Stat. 3771-3773);
       ``(3) the Commission on the Everglades established by 
     executive order of the Governor of the State of Florida; and
       ``(4) other appropriate State and local government 
     officials.
       ``(e) Non-Federal Share.--The non-Federal share of the cost 
     of a project carried out using amounts from grants made under 
     subsection (a) shall not be less than 25 percent.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       ``(1) $32,000,000 for fiscal year 2001;
       ``(2) $31,000,000 for fiscal year 2002; and
       ``(3) $50,000,000 for each of fiscal years 2003 through 
     2005.

     Such sums shall remain available until expended.''.

     SEC. 403. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of the expenditure.

                 TITLE V--LONG ISLAND SOUND RESTORATION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Long Island Sound 
     Restoration Act''.

     SEC. 502. NITROGEN CREDIT TRADING SYSTEM AND OTHER MEASURES.

       Section 119(c)(1) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1269(c)(1)) is amended by inserting ``, 
     including efforts to establish, within the process for 
     granting watershed general permits, a system for trading 
     nitrogen credits and any other measures that are cost-
     effective and consistent with the goals of the Plan'' before 
     the semicolon at the end.

     SEC. 503. ASSISTANCE FOR DISTRESSED COMMUNITIES.

       Section 119 of the Federal Water Pollution Control Act (33 
     U.S.C. 1269) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Assistance to Distressed Communities.--
       ``(1) Eligible communities.--
       ``(A) States to determine criteria.--For the purposes of 
     this subsection, a distressed community is any community that 
     meets affordability criteria established by the State in 
     which the community is located, if such criteria are 
     developed after public review and comment.
       ``(B) Consideration of impact on water and sewer rates.--In 
     determining if a community is a distressed community for the 
     purposes of this subsection, the State shall consider the 
     extent to which the rate of growth of a community's tax base 
     has been historically slow such that implementing the plan 
     described in subsection (c)(1) would result in a significant 
     increase in any water or sewer rate charged by the 
     community's publicly-owned wastewater treatment facility.
       ``(C) Information to assist states.--The Administrator may 
     publish information to assist States in establishing 
     affordability criteria under subparagraph (A).
       ``(2) Revolving loan funds.--
       ``(A) Loan subsidies.--Subject to subparagraph (B), any 
     State making a loan to a distressed community from a 
     revolving fund under title VI for the purpose of assisting 
     the implementation of the plan described in subsection (c)(1) 
     may provide additional subsidization (including forgiveness 
     of principal).
       ``(B) Total amount of subsidies.--For each fiscal year, the 
     total amount of loan subsidies made by a State under 
     subparagraph (A) may not exceed 30 percent of the amount of 
     the capitalization grant received by the State for the year.
       ``(3) Priority.--In making assistance available under this 
     section for the upgrading of wastewater treatment facilities, 
     a State may give priority to a distressed community.''.

     SEC. 504. REAUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (as redesignated by section 503 of this Act) is amended--
       (1) in paragraph (1) by striking ``1991 through 2001'' and 
     inserting ``2000 through 2003''; and
       (2) in paragraph (2) by striking ``not to exceed $3,000,000 
     for each of the fiscal years 1991 through 2001'' and 
     inserting ``not to exceed $80,000,000 for each of fiscal 
     years 2000 through 2003''.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Lake Pontchartrain Basin 
     Restoration Act of 2000''.

     SEC. 602. NATIONAL ESTUARY PROGRAM.

       (a) Finding.--Congress finds that the Lake Ponchartrain 
     Basin is an estuary of national significance.
       (b) Addition to National Estuary Program.--Section 
     320(a)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(a)(2)(B)) is further amended by inserting ``Lake 
     Ponchartrain Basin, Louisiana and Mississippi;'' before ``and 
     Peconic Bay, New York.''.

     SEC. 603. LAKE PONTCHARTRAIN BASIN.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is further amended by adding at the end 
     the following:

     ``SEC. 122. LAKE PONTCHARTRAIN BASIN.

       ``(a) Establishment of Restoration Program.--The 
     Administrator shall establish within the Environmental 
     Protection Agency the Lake Pontchartrain Basin Restoration 
     Program.
       ``(b) Purpose.--The purpose of the program shall be to 
     restore the ecological health of the Basin by developing and 
     funding restoration projects and related scientific and 
     public education projects.
       ``(c) Duties.--In carrying out the program, the 
     Administrator shall--
       ``(1) provide administrative and technical assistance to a 
     management conference convened for the Basin under section 
     320;
       ``(2) assist and support the activities of the management 
     conference, including the implementation of recommendations 
     of the management conference;
       ``(3) support environmental monitoring of the Basin and 
     research to provide necessary technical and scientific 
     information;
       ``(4) develop a comprehensive research plan to address the 
     technical needs of the program;
       ``(5) coordinate the grant, research, and planning programs 
     authorized under this section; and
       ``(6) collect and make available to the public 
     publications, and other forms of information the management 
     conference determines to be appropriate, relating to the 
     environmental quality of the Basin.
       ``(d) Grants.--The Administrator may make grants--
       ``(1) for restoration projects and studies recommended by a 
     management conference convened for the Basin under section 
     320;
       ``(2) for public education projects recommended by the 
     management conference; and
       ``(3) for the inflow and infiltration project sponsored by 
     the New Orleans Sewerage and Water Board and Jefferson 
     Parish, Louisiana.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Basin.--The term `Basin' means the Lake Pontchartrain 
     Basin, a 5,000 square mile watershed encompassing 16 parishes 
     in the State of Louisiana and four counties in the State of 
     Mississippi.
       ``(2) Program.--The term `program' means the Lake 
     Pontchartrain Basin Restoration Program established under 
     subsection (a).
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated--
       ``(A) $100,000,000 for the inflow and infiltration project 
     sponsored by the New Orleans Sewerage and Water Board and 
     Jefferson Parish, Louisiana; and
       ``(B) $5,000,000 for each of fiscal years 2001 through 2005 
     to carry out this section.
     Such sums shall remain available until expended.
       ``(2) Public education projects.--Not more that 15 percent 
     of the amount appropriated pursuant to paragraph (1)(B) in a 
     fiscal year may be expended on grants for public education 
     projects under subsection (d)(2).''.

     SEC. 604. SENSE OF THE CONGRESS.

       It is the sense of the Congress that all recipients of 
     grants pursuant to this title shall abide by the Buy American 
     Act. The Administrator of the Environmental Protection Agency 
     shall give notice of the Buy American Act requirements to 
     grant applicants.

                  TITLE VII--ALTERNATIVE WATER SOURCES

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Alternative Water Sources 
     Act of 2000''.

     SEC. 702. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) is amended by adding at the end the 
     following:

[[Page 21000]]



     ``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

       ``(a) In General.--The Administrator may make grants to 
     State, interstate, and intrastate water resource development 
     agencies (including water management districts and water 
     supply authorities), local government agencies, private 
     utilities, and nonprofit entities for alternative water 
     source projects to meet critical water supply needs.
       ``(b) Eligible Entity.--The Administrator may make grants 
     under this section to an entity only if the entity has 
     authority under State law to develop or provide water for 
     municipal, industrial, and agricultural uses in an area of 
     the State that is experiencing critical water supply needs.
       ``(c) Selection of Projects.--
       ``(1) Limitation.--A project that has received funds under 
     the reclamation and reuse program conducted under the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (43 U.S.C. 390h et seq.) shall not be eligible for grant 
     assistance under this section.
       ``(2) Additional consideration.--In making grants under 
     this section, the Administrator shall consider whether the 
     project is located within the boundaries of a State or area 
     referred to in section 1 of the Reclamation Act of June 17, 
     1902 (32 Stat. 385), and within the geographic scope of the 
     reclamation and reuse program conducted under the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
     390h et seq.).
       ``(d) Committee Resolution Procedure.--
       ``(1) In general.--No appropriation shall be made for any 
     alternative water source project under this section, the 
     total Federal cost of which exceeds $3,000,000, if such 
     project has not been approved by a resolution adopted by the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives or the Committee on Environment and Public 
     Works of the Senate.
       ``(2) Requirements for securing consideration.--For 
     purposes of securing consideration of approval under 
     paragraph (1), the Administrator shall provide to a committee 
     referred to in paragraph (1) such information as the 
     committee requests and the non-Federal sponsor shall provide 
     to the committee information on the costs and relative needs 
     for the alternative water source project.
       ``(e) Uses of Grants.--Amounts from grants received under 
     this section may be used for engineering, design, 
     construction, and final testing of alternative water source 
     projects designed to meet critical water supply needs. Such 
     amounts may not be used for planning, feasibility studies or 
     for operation, maintenance, replacement, repair, or 
     rehabilitation.
       ``(f) Cost Sharing.--The Federal share of the eligible 
     costs of an alternative water source project carried out 
     using assistance made available under this section shall not 
     exceed 50 percent.
       ``(g) Reports.--
       ``(1) Reports to administrator.--Each recipient of a grant 
     under this section shall submit to the Administrator, not 
     later than 18 months after the date of receipt of the grant 
     and biennially thereafter until completion of the alternative 
     water source project funded by the grant, a report on 
     eligible activities carried out by the grant recipient using 
     amounts from the grant.
       ``(2) Report to congress.--On or before September 30, 2005, 
     the Administrator shall transmit to Congress a report on the 
     progress made toward meeting the critical water supply needs 
     of the grant recipients under this section.
       ``(h) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Alternative water source project.--The term 
     `alternative water source project' means a project designed 
     to provide municipal, industrial, and agricultural water 
     supplies in an environmentally sustainable manner by 
     conserving, managing, reclaiming, or reusing water or 
     wastewater or by treating wastewater.
       ``(2) Critical water supply needs.--The term `critical 
     water supply needs' means existing or reasonably anticipated 
     future water supply needs that cannot be met by existing 
     water supplies, as identified in a comprehensive statewide or 
     regional water supply plan or assessment projected over a 
     planning period of at least 20 years.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $75,000,000 for 
     each of fiscal years 2000 through 2004. Such sums shall 
     remain available until expended.''.

     SEC. 703. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of the expenditure.

                        TITLE VIII--CLEAN LAKES

     SEC. 801. GRANTS TO STATES.

       Section 314(c)(2) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1324(c)(2)) is amended by striking 
     ``$50,000,000'' the first place it appears and all that 
     follows through ``1990'' and inserting ``$50,000,000 for each 
     of fiscal years 2001 through 2005''.

     SEC. 802. DEMONSTRATION PROGRAM.

       Section 314(d) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1324(d)) is amended--
       (1) in paragraph (2) by inserting ``Otsego Lake, New York; 
     Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan 
     Lake, Itasca County, Minnesota;'' after ``Sauk Lake, 
     Minnesota;'';
       (2) in paragraph (3) by striking ``By'' and inserting 
     ``Notwithstanding section 3003 of the Federal Reports 
     Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 
     Stat. 734-736), by''; and
       (3) in paragraph (4)(B)(i) by striking ``$15,000,000'' and 
     inserting ``$25,000,000''.

     SEC. 803. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of expenditure.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Mississippi Sound 
     Restoration Act of 2000''.

     SEC. 902. NATIONAL ESTUARY PROGRAM.

       (a) Finding.--Congress finds that the Mississippi Sound is 
     an estuary of national significance.
       (b) Addition to National Estuary Program.--Section 
     320(a)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(a)(2)(B)) is further amended by inserting 
     ``Mississippi Sound, Mississippi;'' before ``and Peconic Bay, 
     New York.''.

     SEC. 903. MISSISSIPPI SOUND.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is further amended by adding at the end 
     the following:

     ``SEC. 123. MISSISSIPPI SOUND.

       ``(a) Establishment of Restoration Program.--The 
     Administrator shall establish within the Environmental 
     Protection Agency the Mississippi Sound Restoration Program.
       ``(b) Purpose.--The purpose of the program shall be to 
     restore the ecological health of the Sound, including barrier 
     islands, coastal wetlands, keys, and reefs, by developing and 
     funding restoration projects and related scientific and 
     public education projects and by coordinating efforts among 
     Federal, State, and local governmental agencies and 
     nonregulatory organizations.
       ``(c) Duties.--In carrying out the program, the 
     Administrator shall--
       ``(1) provide administrative and technical assistance to a 
     management conference convened for the Sound under section 
     320;
       ``(2) assist and support the activities of the management 
     conference, including the implementation of recommendations 
     of the management conference;
       ``(3) support environmental monitoring of the Sound and 
     research to provide necessary technical and scientific 
     information;
       ``(4) develop a comprehensive research plan to address the 
     technical needs of the program;
       ``(5) coordinate the grant, research, and planning programs 
     authorized under this section; and
       ``(6) collect and make available to the public 
     publications, and other forms of information the management 
     conference determines to be appropriate, relating to the 
     environmental quality of the Sound.
       ``(d) Grants.--The Administrator may make grants--
       ``(1) for restoration projects and studies recommended by a 
     management conference convened for the Sound under section 
     320; and
       ``(2) for public education projects recommended by the 
     management conference.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Sound.--The term `Sound' means the Mississippi Sound 
     located on the Gulf Coast of the State of Mississippi.
       ``(2) Program.--The term `program' means the Mississippi 
     Sound Restoration Program established under subsection (a).
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 to carry out this section. 
     Such sums shall remain available until expended.''.

     SEC. 904. SENSE OF THE CONGRESS.

       It is the sense of the Congress that all recipients of 
     grants under this title (including amendments made by this 
     title) shall abide by the Buy American Act. The Administrator 
     of the Environmental Protection Agency shall give notice of 
     the Buy American Act requirements to grant applicants under 
     this title.

[[Page 21001]]



        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Tijuana River Valley 
     Estuary and Beach Sewage Cleanup Act of 2000''.

     SEC. 1002. PURPOSE.

       The purpose of this title is to authorize the United States 
     to take actions to address comprehensively the treatment of 
     sewage emanating from the Tijuana River area, Mexico, that 
     flows untreated or partially treated into the United States 
     causing significant adverse public health and environmental 
     impacts.

     SEC. 1003. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commission.--The term ``Commission'' means the United 
     States section of the International Boundary and Water 
     Commission, United States and Mexico.
       (3) IWTP.--The term ``IWTP'' means the South Bay 
     International Wastewater Treatment Plant constructed under 
     the provisions of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 
     1987 (101 Stat. 80-82), and Treaty Minutes to the Treaty for 
     the Utilization of Waters of the Colorado and Tijuana Rivers 
     and of the Rio Grande, dated February 3, 1944.
       (4) Secondary treatment.--The term ``secondary treatment'' 
     has the meaning such term has under the Federal Water 
     Pollution Control Act and its implementing regulations.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (6) Mexican facility.--The term ``Mexican facility'' means 
     a proposed public-private wastewater treatment facility to be 
     constructed and operated under this title within Mexico for 
     the purpose of treating sewage flows generated within Mexico, 
     which flows impact the surface waters, health, and safety of 
     the United States and Mexico.
       (7) MGD.--The term ``mgd'' means million gallons per day.

      SEC. 1004. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
                   ADMINISTRATOR.

       (a) Secondary Treatment.--
       (1) In general.--Subject to the negotiation and conclusion 
     of a new Treaty Minute or the amendment of Treaty Minute 283 
     under section 1005 of this Act, and notwithstanding section 
     510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), 
     the Commission is authorized and directed to provide for the 
     secondary treatment of a total of not more than 50 mgd in 
     Mexico--
       (A) of effluent from the IWTP if such treatment is not 
     provided for at a facility in the United States; and
       (B) of additional sewage emanating from the Tijuana River 
     area, Mexico.
       (2) Additional authority.--Subject to the results of the 
     comprehensive plan developed under subsection (b) revealing a 
     need for additional secondary treatment capacity in the San 
     Diego-Tijuana border region and recommending the provision of 
     such capacity in Mexico, the Commission may provide not more 
     than an additional 25 mgd of secondary treatment capacity in 
     Mexico for treatment described in paragraph (1).
       (b) Comprehensive Plan.--Not later than 24 months after the 
     date of the enactment of this Act, the Administrator shall 
     develop a comprehensive plan with stakeholder involvement to 
     address the transborder sanitation problems in the San Diego-
     Tijuana border region. The plan shall include, at a minimum--
       (1) an analysis of the long-term secondary treatment needs 
     of the region;
       (2) an analysis of upgrades in the sewage collection system 
     serving the Tijuana area, Mexico; and
       (3) an identification of options, and recommendations for 
     preferred options, for additional sewage treatment capacity 
     for future flows emanating from the Tijuana River area, 
     Mexico.
       (c) Contract.--
       (1) In general.--Subject to the availability of 
     appropriations to carry out this subsection and 
     notwithstanding any provision of Federal procurement law, 
     upon conclusion of a new Treaty Minute or the amendment of 
     Treaty Minute 283 under section 5, the Commission may enter 
     into a fee-for-services contract with the owner of a Mexican 
     facility in order to carry out the secondary treatment 
     requirements of subsection (a) and make payments under such 
     contract.
       (2) Terms.--Any contract under this subsection shall 
     provide, at a minimum, for the following:
       (A) Transportation of the advanced primary effluent from 
     the IWTP to the Mexican facility for secondary treatment.
       (B) Treatment of the advanced primary effluent from the 
     IWTP to the secondary treatment level in compliance with 
     water quality laws of the United States, California, and 
     Mexico.
       (C) Return conveyance from the Mexican facility of any such 
     treated effluent that cannot be reused in either Mexico or 
     the United States to the South Bay Ocean Outfall for 
     discharge into the Pacific Ocean in compliance with water 
     quality laws of the United States and California.
       (D) Subject to the requirements of subsection (a), 
     additional sewage treatment capacity that provides for 
     advanced primary and secondary treatment of sewage described 
     in subsection (a)(1)(B) in addition to the capacity required 
     to treat the advanced primary effluent from the IWTP.
       (E) A contract term of 30 years.
       (F) Arrangements for monitoring, verification, and 
     enforcement of compliance with United States, California, and 
     Mexican water quality standards.
       (G) Arrangements for the disposal and use of sludge, 
     produced from the IWTP and the Mexican facility, at a 
     location or locations in Mexico.
       (H) Payment of fees by the Commission to the owner of the 
     Mexican facility for sewage treatment services with the 
     annual amount payable to reflect all agreed upon costs 
     associated with the development, financing, construction, 
     operation, and maintenance of the Mexican facility.
       (I) Provision for the transfer of ownership of the Mexican 
     facility to the United States, and provision for a 
     cancellation fee by the United States to the owner of the 
     Mexican facility, if the Commission fails to perform its 
     obligations under the contract. The cancellation fee shall be 
     in amounts declining over the term of the contract 
     anticipated to be sufficient to repay construction debt and 
     other amounts due to the owner that remain unamortized due to 
     early termination of the contract.
       (J) Provision for the transfer of ownership of the Mexican 
     facility to the United States, without a cancellation fee, if 
     the owner of the Mexican facility fails to perform the 
     obligations of the owner under the contract.
       (K) To the extent practicable, the use of competitive 
     procedures by the owner of the Mexican facility in the 
     procurement of property or services for the engineering, 
     construction, and operation and maintenance of the Mexican 
     facility.
       (L) An opportunity for the Commission to review and approve 
     the selection of contractors providing engineering, 
     construction, and operation and maintenance for the Mexican 
     facility.
       (M) The maintenance by the owner of the Mexican facility of 
     all records (including books, documents, papers, reports, and 
     other materials) necessary to demonstrate compliance with the 
     terms of this Act and the contract.
       (N) Access by the Inspector General of the Department of 
     State or the designee of the Inspector General for audit and 
     examination of all records maintained pursuant to 
     subparagraph (M) to facilitate the monitoring and evaluation 
     required under subsection (d).
       (3) Limitation.--The Contract Disputes Act of 1978 (41 
     U.S.C. 601-613) shall not apply to a contract executed under 
     this section.
       (d) Implementation.--
       (1) In general.--The Inspector General of the Department of 
     State shall monitor the implementation of any contract 
     entered into under this section and evaluate the extent to 
     which the owner of the Mexican facility has met the terms of 
     this section and fulfilled the terms of the contract.
       (2) Report.--The Inspector General shall transmit to 
     Congress a report containing the evaluation under paragraph 
     (1) not later than 2 years after the execution of any 
     contract with the owner of the Mexican facility under this 
     section, 3 years thereafter, and periodically after the 
     second report under this paragraph.

     SEC. 1005. NEGOTIATION OF NEW TREATY MINUTE.

       (a) Congressional Statement.--In light of the existing 
     threat to the environment and to public health and safety 
     within the United States as a result of the river and ocean 
     pollution in the San Diego-Tijuana border region, the 
     Secretary is requested to give the highest priority to the 
     negotiation and execution of a new Treaty Minute, or a 
     modification of Treaty Minute 283, consistent with the 
     provisions of this title, in order that the other provisions 
     of this title to address such pollution may be implemented as 
     soon as possible.
       (b) Negotiation.--
       (1) Initiation.--The Secretary is requested to initiate 
     negotiations with Mexico, within 60 days after the date of 
     the enactment of this Act, for a new Treaty Minute or a 
     modification of Treaty Minute 283 consistent with the 
     provisions of this title.
       (2) Implementation.--Implementation of a new Treaty Minute 
     or of a modification of Treaty Minute 283 under this title 
     shall be subject to the provisions of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (3) Matters to be addressed.--A new Treaty Minute or a 
     modification of Treaty Minute 283 under paragraph (1) should 
     address, at a minimum, the following:
       (A) The siting of treatment facilities in Mexico and in the 
     United States.
       (B) Provision for the secondary treatment of effluent from 
     the IWTP at a Mexican facility if such treatment is not 
     provided for at a facility in the United States.
       (C) Provision for additional capacity for advanced primary 
     and secondary treatment of additional sewage emanating from 
     the Tijuana River area, Mexico, in addition to the treatment 
     capacity for the advanced primary effluent from the IWTP at 
     the Mexican facility.
       (D) Provision for any and all approvals from Mexican 
     authorities necessary to facilitate water quality 
     verification and enforcement at the Mexican facility.
       (E) Any terms and conditions considered necessary to allow 
     for use in the United States of treated effluent from the 
     Mexican facility, if there is reclaimed water which is 
     surplus to the needs of users in Mexico and such use is 
     consistent with applicable United States and California law.
       (F) Any other terms and conditions considered necessary by 
     the Secretary in order to implement the provisions of this 
     title.

     SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.


[[Page 21002]]

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate 
disagree with the amendment of the House, agree to the request for a 
conference, and the Chair be authorized to appoint conferees on the 
part of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Presiding Officer (Mr. Bennett) appointed Mr. Smith of New 
Hampshire, Mr. Warner, Mr. Crapo, Mr. Baucus, and Mrs. Boxer conferees 
on the part of the Senate.

                          ____________________



                  MEASURE READ THE FIRST TIME--S. 3165

  Mr. MACK. Mr. President, I understand S. 3165 is at the desk, and I 
ask for its first reading.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3165) to amend the Social Security Act to make 
     corrections and refinements in the Medicare, Medicaid, and 
     SCHIP health insurance programs, and for other purposes.

  Mr. MACK. I now ask for its second reading, and I object to my own 
request.
  The PRESIDING OFFICER. Objection is heard.

                          ____________________



                  MEASURE READ THE FIRST TIME--S. 3173

  Mr. MACK. Mr. President, I understand S. 3173 is at the desk, and I 
ask for its first reading.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3173) to improve the implementation of the 
     environmental streamlining provisions of the Transportation 
     Equity Act for the 21st Century.

  Mr. MACK. I now ask for its second reading, and I object to my own 
request.
  The PRESIDING OFFICER. Objection is heard.

                          ____________________



                 MEASURE READ THE FIRST TIME--H.R. 4292

  Mr. MACK. Mr. President, I understand that H.R. 4292 is at the desk, 
and I ask for its first reading.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4292) to protect infants who are born alive.

  Mr. MACK. I now ask for its second reading, and I object to my own 
request.
  The PRESIDING OFFICER. Objection is heard.

                          ____________________



           TECHNOLOGY TRANSFER COMMERCIALIZATION ACT OF 1999

  Mr. MACK. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of H.R. 209 and the 
Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 209) to improve the ability of Federal 
     agencies to license federally-owned inventions.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4300

  Mr. MACK. Mr. President, Senators Edwards, Shelby, and Sessions have 
an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Florida (Mr. Mack) for Mr. Edwards, Mr. 
     Shelby, and Mr. Sessions, proposes an amendment numbered 
     4300.

  The amendment is as follows:

       At the appropriate place, insert the following:

     SEC.   . TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (a) Appointment of Ombudsman.--The Secretary of Energy 
     shall direct the director of each national laboratory of the 
     Department of Energy, and may direct the director of each 
     facility under the jurisdiction of the Department of Energy, 
     to appoint a technology partnership ombudsman to hear and 
     help resolve complaints from outside organizations regarding 
     the policies and actions of each such laboratory or facility 
     with respect to technology partnerships (including 
     cooperative research and development agreements), patents, 
     and technology licensing.
       (b) Qualifications.--An ombudsman appointed under 
     subsection (a) shall be a senior official of the national 
     laboratory or facility who is not involved in day-to-day 
     technology partnerships, patents, or technology licensing, 
     or, if appointed from outside the laboratory of facility, 
     function as such a senior official.
       (c) Duties.--Each ombudsman appointed under subsection (a) 
     shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     national laboratory or facility regarding technology 
     partnerships, patents, and technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution technique such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report quarterly on the number and nature of complaints 
     and disputes raised, along with the ombudsman's assessment of 
     their resolution, consistent with the protection of 
     confidential and sensitive information, to--
       (A) the Secretary;
       (B) the Administrator for Nuclear Security;
       (C) the Director of the Office of Dispute Resolution of the 
     Department of Energy; and
       (D) the employees of the Department responsible for the 
     administration of the contract for the operation of each 
     national laboratory or facility that is a subject of the 
     report, for consideration in the administration and review of 
     that contract.

  Mr. ROCKEFELLER. Senator Edwards' amendment establishes a Technology 
Partnership Ombudsman at Department of Energy's National Laboratories. 
It is my understanding that the Ombudsman should promote the use of 
collaborative alternative dispute resolution techniques such as 
mediation to facilitate the speedy and low-cost resolution of 
complaints and disputes with industry partners. To ensure fairness and 
objectivity, however, it would be the Senator's intent that nothing in 
this Section be interpreted to empower the Ombudsman to act as a 
mediator or an arbitrator in the process.
  Mr. EDWARDS. The Senator's understanding is correct. That is our 
intention.
  Mr. MACK. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be read a third time and passed, as amended, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4300) was agreed to.
  The bill (H.R. 209), as amended, was passed.

                          ____________________



       TRAFFICKING VICTIMS PROTECTION AND VIOLENCE AGAINST WOMEN

  Mr. BROWNBACK. Mr. President, I want to speak for a few minutes on a 
conference report, a bill we have been working on all year, including a 
couple of other provisions that have now been added. We are ready to 
move forward with it. That is what the vote will address tomorrow.
  I have put forward this bill on sex trafficking with Senator 
Wellstone. He and I don't get together on too many bills, so when we 
do, it is a bit noteworthy. We come from different perspectives, 
different viewpoints. I think we both have good hearts but our heads 
take us in different directions. But on this subject of stopping sex 
trafficking, we don't disagree. We have worked together all year to get 
this bill through which challenges this practice known as sex 
trafficking.
  Throughout the world, globalization has a dark side. We are seeing 
increasing numbers of young women, even girls, being trafficked from 
poorer countries to richer countries into the prostitution business. 
They have been tricked, forced, coerced and defrauded into working as 
prostitutes against their will. There are about 700,000 women and 
girls, according to our Government's estimates, being moved each year 
from poorer countries to richer countries into the prostitution 
business. Our Government estimates that approximately 50,000 women and 
children are trafficked annually into the United States, primarily from 
Asia and Central America.
  This is clearly a terrible practice. Many of these are young girls 
who are

[[Page 21003]]

tricked and deceived into forced prostitution believe they are going to 
a different country for another purpose. For example, those trafficked 
to the United States are promised a job as a dish washer, or a factory 
worker. Something that pays better than the job opportunities available 
in their own, typically poorer, countries. However, once the victims 
get here, there is no decent job waiting for them. Instead, the 
trafficker will take their papers and passport so that they have no 
legal identification. Then they are given false papers, if any. This 
begins to prepare them for their new life of forced prostitution, 
making it very difficult to track down and rescue the young woman or 
girl who has been trapped. There is a point very early in this process 
where the trafficker says something like the following to his victim, 
``You are mine and you will do what I say. You will work in this 
brothel as a prostitute and you have no choice.'' At this point, she 
had become a slave in one of the most degrading fashions imaginable.
  Senator Wellstone and I heard testimony to this effect. We have had 
two hearings in the Foreign Relations Committee on this subject of 
trafficking. At both hearings, we had victims testify to such 
experiences. At one hearing, we had three women who had been 
trafficked--all had been tricked into traveling to another country 
believing a good job was waiting on the other side, and once they got 
there, they were forced into prostitution. This is what they were 
subjected to. One young woman said that once she was moved into the 
United States, she was subjected to 30 clients a day, six days a week. 
If she refused, she was beaten without mercy. It is a dark, dark 
business.
  In January of this year I was in Nepal. I met with a number of girls 
who had returned from India, where they were forced to work in the 
brothels in Bombay. These were young girls, frequently from villages, 
not particularly knowledgeable in the ways of the world. They were 
young and very innocent when the trafficker had taken them away. The 
trafficker had told one girl's parents, ``I can get her a job in a rug 
factory in Bombay.'' The family was poor, they needed income, and they 
believed him. So they agreed, and gave their daughter away to the 
trader who forced her into prostitution against her will. And she had 
no choice.
  I met girls who had been trafficked at age 11, 12, and 13. The girls 
I saw in Nepal, in Katmandu, had returned from this devastating life. 
Some had escaped by running away, though many cannot since they are in 
chains or are locked away. Others were thrown out by the brothel 
because they had contracted AIDS or TB. When they returned at the age 
of 16, 17, or 18, two-thirds of them had AIDS and were waiting to die, 
having no proper medicine.
  As I stood there with the woman who runs this place of restoration 
for these young women, she pointed around the room whispering: She is 
dying, she is dying, she is dying. These were girls of 17 years old, 16 
years old, or younger. They were people who had had their youth stolen 
from them, were deceived or forced into this practice, and then, 
finally, received a death sentence of AIDS. I saw that. I talked with 
these survivors of trafficking. Once you see that, you know you have to 
try to help to stop this. This is wrong, and this terrible practice is 
increasing. It is happening to 700,000 women and children, girls, each 
year worldwide.
  Paul Wellstone and I worked very hard together. We have a bill that 
has gone through the Senate by unanimous consent which is the most 
comprehensive bill to combat this practice of sex trafficking. Among 
other provisions, this bill substantially increases the penalty for 
trafficking, while protecting those victims who have been forced into 
this awful practice. Presently, the victims of trafficking are treated 
almost as badly as their enslaver, but this bill changes that. Instead, 
this bill promotes the cooperation of the victims to testify against 
those who have forced them into trafficking. This will help to bust 
open the trafficking rings, which we are going very little of these 
day. It also promotes awareness programs so that people can protect 
their children and themselves from being tricked into forced 
prostitution.
  I support the increasing globalization of the trade community, but we 
also have to recognize the problems associated with globalization. 
Trafficking may be among the worst of those problems. The United States 
can be a leader in starting to combat this practice, thus giving back 
to young girls all over the world their childhood instead of a death 
sentence.
  Associated with this trafficking bill is a bill that Senator Biden 
has worked very aggressively on, the Violence Against Women Act. This 
is a reauthorization of that bill. These two bills are being paired, 
along with other measures. Senator Biden has spoken passionately and 
frequently on the need to deal with domestic violence in the United 
States, a very dark and pervasive tragedy in America.
  It recently passed in the House of Representatives as a stand alone 
bill, with only 3 dissenting votes. It is up for reauthorization. VAWA 
will help those women who are suffering from some form of domestic 
violence. It is a good piece of legislation and these two bills belong 
together.
  Also associated with this bill is an Internet Alcohol provision, as 
well as a provision dealing with terrorism, put forward by Senator 
Mack. It is noncontroversial. Also, in includes a bill entitled, Amy's 
Law, sponsored by Congressman Salmon in the House, and by Senator 
Santorum here in the Senate. It ultimately promotes tougher prison 
sentences for people who have been convicted of sex crimes such as 
rape.
  In summary, the two lead bills in this package separately address sex 
trafficking and violence against women and children. I plead with my 
colleagues to vote for this package. It will be up tomorrow morning. 
This package challenges brutal practices suffered by some of the most 
defenseless and battered in our society and worldwide. It will assist 
people in some of the most violent and crushing situations, both here 
and abroad. It will help so many.
  I plead with my colleagues in these last hours when people can put up 
roadblocks to bills. I plead with my colleagues to say that they will 
not block this bill which will help so many people who are brutalized, 
including by sex trafficking. I plead with my colleagues, let's move 
this package on through. This will clear through the House by a large 
vote. It is something we can do for the women and children in this 
country as well as worldwide. It is a sensible package. It has been 
worked out by both sides of the political spectrum, through both 
parties. So, please, let's do this.
  This is something we can all be very proud of passing as we go home. 
We can proudly say that we tried to do something, as we read increasing 
stories of forced sex trafficking worldwide. We can say we didn't look 
away by passing this bill.
  Everybody is not going to like everything in these bills. But these 
two lead issues are so critical and important, and time is so short for 
us to get these through. Let's not wait until next session as 
increasingly more and more girls are being tricked into this practice 
of forced sex trafficking.
  The United States can step up awareness and advocacy, and as we do, 
governments around the world will do the same. The U.S. has to speak 
first, however, and this is the bill to do the speaking. Let's do it 
now.
  As we vote on this tomorrow morning, I ask my colleagues to vote yes 
on these very important pieces of legislation to help children, to help 
women. These are vital pieces of legislation of which we can all be 
proud.
  Mr. President, I understand there may be some more items, so I 
suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.




                          ____________________


[[Page 21004]]

  MAKING TECHNICAL CORRECTIONS TO TITLE X OF THE ENERGY POLICY ACT OF 
                                  1992

  Mr. BROWNBACK. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of H.R. 2641, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2641) to make technical corrections to title X 
     of the Energy Policy Act of 1992.

  Without objection, the Senate proceeded to consider the bill.
  Mr. BROWNBACK. I ask unanimous consent the bill be read the third 
time and passed, the motion to reconsider be laid upon the table, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2641) was read the third time and passed.

                          ____________________



                 RYAN WHITE CARE ACT AMENDMENTS OF 2000

  Mr. BROWNBACK. Mr. President, I ask unanimous consent the Chair lay 
before the Senate a message from the House of Representatives to 
accompany S. 2311.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       Resolved, That the bill from the Senate (S. 2311) entitled 
     ``An Act to revise and extend the Ryan White CARE Act 
     programs under title XXVI of the Public Health Service Act, 
     to improve access to health care and the quality of care 
     under such programs, and to provide for the development of 
     increased capacity to provide health care and related support 
     services to individuals and families with HIV disease, and 
     for other purposes'', do pass with amendments.

  Mr. BROWNBACK. I ask unanimous consent the Senate agree to the 
amendments of the House of Representatives.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JEFFORDS. Mr. President, it gives me great pleasure that the 
Senate is moving to pass the Ryan White Comprehensive AIDS Resources 
and Emergency Act Amendments of 2000, a measure that will reauthorize a 
national program providing primary health care services to people 
living with HIV and AIDS. I especially want to commend Senators Hatch 
and Kennedy for the leadership they have provided since the 
inauguration of the legislation establishing the Ryan White programs 
over a decade ago. I also want to commend Senator Frist whose medical 
expertise played a critical role in key provisions of the bill and 
continues to be an invaluable resource to our efforts on the range of 
health issues that come before the Senate. I want to recognize Senator 
Dodd for his unwavering support for this legislation and people living 
with HIV and AIDS. Finally, I want to acknowledge Senator Enzi's 
recognition of the growing burden that AIDS and HIV have placed on 
rural communities throughout the country and the need to address those 
gaps in services.
  It is also important that we recognize the dedicated efforts of our 
colleagues in the House of Representatives. Chairman Bliley supported 
this bill through its passage and provided critical guidance through 
the negotiations. Representatives Bilirakis, Coburn, and Waxman have 
demonstrated time and time again their commitment to people living with 
AIDS and each has worked diligently to find a compromise to ensure the 
continued services for people with HIV/AIDS. Representatives Brown and 
Dingell have also played important roles in shepherding this bill 
through the legislative process.
  Since its inception in 1990, the Ryan White program has enjoyed broad 
bipartisan support. During the last reauthorization of the Ryan White 
CARE Act in 1996, the measure garnered a vote of 97 to 3 on its final 
passage. As evidence that strong bipartisan support continues, I am 
happy to report that this reauthorization bill was passed unanimously 
by this Chamber in June of this year. The bipartisan support for this 
important legislation underlines the critical need for the assistance 
this Act provides across the Nation.
  With this reauthorization, we mark the ten years through which the 
Ryan White CARE Act has provided needed health care and support 
services to HIV positive people around the country. Titles I and II 
have provided much needed relief to cities and states hardest hit by 
this disease, while Titles III and IV have had a direct role in 
providing healthcare services to underserved communities. Ryan White 
program dollars provide the foundation of care so necessary in fighting 
this epidemic and have allowed States and communities around the 
country to successfully address the needs of people affected by HIV 
disease.
  In recent months a number General Accounting Office studies have 
shown that the CARE Act is providing services and support to people 
with HIV who are most in need and most deserving of our help. The GAO 
found that CARE Act funds are reaching the infected groups that have 
typically been underserved, including the poor, the uninsured, women, 
and ethnic minorities. These groups form a majority of CARE Act clients 
and are being served by the CARE Act in higher proportions than their 
representation in the AIDS population. The GAO also found that CARE Act 
funds support a wide array of primary care and support services, 
including the provision of powerful therapeutic regimens for people 
with HIV/AIDS that have dramatically reduced AIDS diagnoses and deaths.
  Previous efforts to improve this legislation have led to incredible 
reductions in the number of HIV infected babies being born each year 
and, equally important, to increased outreach, counseling, voluntary 
testing, and treatment services being provided to women with HIV 
infection. Between 1993 and 1998, perinatal-acquired AIDS cases 
declined 74 percent in the U.S. In this bill, I have continued to 
support efforts to reach women in need of care for their HIV disease 
and have included provisions to ensure that women, infants and children 
receive resources in accordance with the prevalence of the infection 
among them.
  The AIDS Drug Assistance Program has been another critical success. 
This program has provided people with HIV and AIDS access to newly 
developed, highly effective therapeutics. Because of these drugs, 
people are maintaining their health and living longer. The AIDS death 
rate and the number of new AIDS cases have been dramatically reduced. 
From 1996 to 1998, deaths from AIDS dropped 54 percent while new AIDS 
cases have been reduced by 27 percent. In this reauthorization bill we 
have improved access for underserved and poor communities and increased 
support for services that help maximize the impact of these therapies.
  Despite our great success, the Ryan White program remains as vital to 
the public health of this Nation as it was in 1990 and in 1996. While 
the rate of decline in new AIDS cases and deaths is leveling off, HIV 
infection rates continue to rise in many areas; becoming increasingly 
prevalent in rural and underserved urban areas; and also among women, 
youth, and minority communities. Local and state healthcare systems 
face an increasing burden of disease, despite our success in treating 
and caring for people living with HIV and AIDS. Rural and underserved 
urban areas are often unable to address the complex medical and support 
services needs of people with HIV infection. As the AIDS epidemic 
continues to expand into these areas across the country, this 
legislation will allow us to adapt our care systems to meet the most 
urgent needs in the communities hardest hit by the epidemic.
  The bill being considered today was developed on a bipartisan basis, 
working with other Committee Members, community stakeholders and 
elected officials at the state and local levels from whom we sought 
input to ensure that we addressed the most important problems facing 
communities of people with HIV infection. Finally we have worked 
closely with our colleagues in the House of Representatives to produce 
this agreement. This morning, our colleagues in the House of 
Representatives unanimously passed this

[[Page 21005]]

legislation that we have before us. The agreements we have reached with 
our House colleagues have been fully explained in an Statement of 
Explanation and I would like unanimous consent that this document be 
printed as part of the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  This bill will double the minimum base funding available to states 
through the CARE Act to assist them in developing systems of care for 
people struggling with HIV and AIDS. The bill also includes a new 
supplemental state grant to target assistance to small and mid-sized 
metropolitan areas to help them address the increasing number of people 
with HIV/AIDS living outside of urban areas that receive assistance 
under Title I of the Act. Rural and underserved areas receive a 
preference for planning, early intervention, and capacity development 
grants under title III. In order to assist states in expanding access 
to appropriate HIV/AIDS therapeutics to low-income people with HIV/
AIDS, a supplemental grant has been added to the AIDS Drug Assistance 
Program.
  The bill remains primarily a system of grants to State and local 
jurisdictions, thereby ensuring that grantees can respond to local 
needs. States, EMAs, and the affected communities will still decide how 
to best prioritize and address the healthcare needs of their HIV-
positive citizens. This bill reinforces the ability of States and EMAs 
to identify and meet local needs.
  Finally, in recognition of the changing nature of the epidemic, I 
have asked the Institute of Medicine to complete a study of the 
financing and delivery of primary care and support services for low 
income, uninsured, and under-insured individuals with HIV disease, 
within 21 months after the enactment of this Act. Changes in HIV 
surveillance and case reporting, and the effects of these changes on 
program funding, will be included in this study. The recommendations 
from this study will help Congress and the Secretary of Health and 
Human Services to ensure the most effective and efficient use of 
Federal funds for HIV and AIDS care and support.
  I am proud that this bill has progressed through the Congress and 
that we will see this bill become law this year. The people struggling 
to overcome the challenges of HIV and AIDS must continue to benefit 
from high quality medical care and access to lifesaving drugs. We have 
made incredible progress in the fight against HIV/AIDS and I want to 
ensure that every person in America in need of assistance benefits from 
our tremendous advances.
  Many groups and individuals have contributed significantly to 
crafting this bill, but I want to acknowledge those at the Health 
Resources and Services Administration. All of the groups united under 
the umbrella of the National Organizations Responding to AIDS (NORA) 
deserve recognition. Representing a diverse community of people with 
AIDS, CARE Act service providers, and administrative agencies, NORA 
clearly and effectively communicated to Congress the needs and 
priorities of their constituents.
  I also want to thank several staff members who have worked long and 
hard to craft this bill and to address the concerns and needs of the 
affected communities. Stephanie Robinson and Idalia Sanchez, for 
Senator Kennedy, were key to reaching agreement on this bill and have 
provided invaluable assistance and support throughout the development 
of this legislation. Dave Larson and Mary Sumpter Johnson, of Senator 
Frist's office, for their support for the needs of rural and 
underserved communities throughout the nation. Similarly, Jeannie 
Ireland with Senator Dodd's office, Helen Rhee, working for Senator 
DeWine, Libby Rolfe, for Mr. Sessions, and Raissa Geary and Mary Jordan 
in Senator Enzi's office, provided valuable input. Without the efforts 
of these staff members, we would not have such a strong, well-balanced, 
and targeted reauthorization bill before us today. I want to also 
express my gratitude and thanks to Bill Baird, Legislative Counsel, who 
worked tirelessly to craft legislative language. Finally, I want to 
acknowledge the contributions of Sean Donohue and William Oscar Fleming 
of my staff who guidance of this effort from the beginning has resulted 
in a bill that enjoys broad bipartisan support and which most 
importantly meets the pressing needs of people with HIV and AIDS.

                               Exhibit 1

    Ryan White CARE Act Amendments of 2000--Managers' Statement of 
                              Explanation

       The Ryan White CARE Act Amendments of 2000 reauthorize 
     Title XXVI of the Public Health Service Act to ensure that 
     individuals living with HIV and AIDS receive health care and 
     related support services. The legislation contains 
     authorization for appropriations and programmatic changes to 
     ensure the CARE Act programs respond to evolving demographic 
     trends in the HIV/AIDS epidemic and advances in treatment and 
     care.
       In March, 1990, Congress enacted the Ryan White CARE Act, 
     honoring Ryan White, a young man who taught the Nation to 
     respond to the HIV/AIDS epidemic with hope and action rather 
     than fear. By the spring of 1990, over 128,000 people had 
     been diagnosed with AIDS in the United States and 78,000 had 
     died of the disease. The CARE Act was reauthorized in 1996, 
     as the epidemic spread to more than 600,000 Americans 
     diagnosed with AIDS and amidst the nationwide recognition 
     that CARE Act programs were indispensable to the care and 
     treatment of Americans with HIV/AIDS.
       The CARE Act Amendments of 2000 marks the second 
     reauthorization of the CARE Act. In the last twenty years, 
     the HIV/AIDS epidemic has claimed over 420,000 American men, 
     women, and children. Today, the Centers for Disease Control 
     and Prevention estimates that there are currently between 
     800,000 and 900,000 persons living with HIV in the United 
     States, with 40,000 new infections annually.
       While there is still no cure, the CARE Act has been 
     instrumental in responding to the public health, social and 
     economic burdens of the HIV/AIDS epidemic. However, the 
     steady expansion and changed demographics of the epidemic, as 
     well as the improved survival time for people living with 
     AIDS, are placing increasing stress on State and local health 
     care systems, community based organizations and families 
     providing care. Most importantly, the epidemic is expanding 
     beyond major cities to smaller cities and rural regions, and 
     disproportionately affecting women, communities of color, 
     children and youth.
       The Ryan White CARE Act Amendments of 2000 preserves the 
     best and proven features of existing CARE Act programs. But 
     the CARE Act Amendments of 2000 also makes important and 
     substantial reforms to respond to the significant changes in 
     the HIV/AIDS epidemic of the last 5 years.
       The Organization of Services Under the CARE Act Amendments 
     of 2000 is as follows:
       Title I. Emergency Relief for Areas with Substantial Need 
     for Services: Provides emergency relief grants to 51 eligible 
     metropolitan areas (EMAs) disproportionately affected by the 
     HIV epidemic to provide primary care and HIV-related support 
     services to people with HIV and AIDS. Half of the Title I 
     funding is distributed by formula; the remaining half is 
     distributed competitively, based on the demonstration of 
     severity of need and other criteria.
       Planning Council membership has been revised to include HIV 
     prevention providers, homeless and housing service providers, 
     and representatives of prisoners. A third of Planning Council 
     members must be individuals with HIV/AIDS receiving care who 
     are not officers, employees or consultants to Title I 
     grantees.
       Title II. CARE Grant Program: Provides formula grants to 
     States, District of Columbia, Puerto Rico and U.S. 
     Territories to improve the quality of health care and support 
     services for individuals with HIV disease and their families. 
     The funds are used: to provide medical support services, to 
     continue health insurance payments, to provide home care 
     services, and, through the AIDS Drug Assistance Programs 
     (ADAP), to provide medications necessary for the care of 
     these individuals. Supplemental formula grants are awarded to 
     States with ``emerging communities'' which are ineligible for 
     grants under Title I.
       Subtitle B provides discretionary grants to States for the 
     reduction of perinatal transmission of HIV, and for HIV 
     counseling, testing, and outreach to pregnant women. Subtitle 
     C provides discretionary grants to States for partner 
     notification, counseling and referral services.
       Title III. Early Intervention Services: Funds nonprofit 
     entitles providing primary care and outpatient early 
     intervention services, including case management, counseling, 
     testing, referrals, and clinical and diagnostic services to 
     individuals diagnosed with HIV. The unfunded program of State 
     formula grants in current law is repealed.
       Title IV. Other Programs and Activities: Provides grants 
     for comprehensive services to children, youth, and women 
     living with HIV and their families. Such services include 
     primary, specialty and psychosocial care, as

[[Page 21006]]

     well as HIV outreach and prevention activities. Grantees must 
     demonstrate linkages to, and provide clients with access and 
     education on, HIV/AIDS clinical research.
       Title IV newly authorizes the AIDS Education and Training 
     Centers (AETC), a network of 14 regional centers conducting 
     clinical HIV education and training of health providers, to 
     provide prenatal and gynecological care. The HIV/AIDS Dental 
     Reimbursement program, covering uncompensated oral health 
     care for patients with HIV/AIDS, is expanded to provide 
     community-based care in underserved areas.
       Under Subtitle B, general provisions authorize CDC data 
     collection of CARE Act planning and evaluation, enhanced 
     interagency coordination of HIV services and prevention, 
     development of a plan for the case management of prisoners 
     with HIV, and administrative provisions related to audits, 
     and a plan for simplification of CARE Act grant 
     disbursements.
       Title V. General Provisions: Authorizes Institute of 
     Medicine (IOM) studies and expansion of Federal support for 
     the development of rapid HIV tests. Makes necessary and 
     technical corrections in Title XXVI of the Public Health 
     Service Act.
       A summary of selected provisions is as follows:
       Use of HIV Case Data in Formula Grants: In order to target 
     funding more accurately to reflect the HIV/AIDS epidemic, the 
     Managers have revised and updated the Title I and Title II 
     formulas to make use of data on cases of HIV infection as 
     well as of AIDS. In Fiscal Year (FY) 2005, HIV and AIDS case 
     data is intended to be used in the Title I and Title II 
     formulas.
       However, no later than July 1, 2004, the Secretary shall 
     determine whether HIV case data, as reported to and confirmed 
     by the Director of CDC, is sufficiently accurate and reliable 
     from all eligible areas and States for such use in the 
     formula. The Secretary shall also consider the findings of 
     the Institute of Medicine (IOM) study undertaken under 
     section 501(b).
       If the Secretary makes an adverse determination regarding 
     HIV case data, the Managers intend that only AIDS case data 
     will be used in FY2005 formula allocations. The Secretary 
     shall also provide grants and technical assistance to States 
     and eligible areas to ensure that accurate and reliable HIV 
     case data is available no later than FY2007.
       Planning and priority setting: The Managers have 
     strengthened the capacity of EMAs and States to plan, 
     prioritize, and allocate funds, based on the size and 
     demographic characteristics of the populations with HIV 
     disease in the eligible area. Planning, priority setting, and 
     funding allocation processes must take into account the 
     demographics of the local HIV/AIDS epidemic, existing 
     disparities in access HIV-related health care, and resulting 
     adverse health outcomes. It is the intent of the Managers 
     that CARE Act dollars more closely follow the shifting trends 
     in the local epidemic and address disparities in health care 
     access and health outcomes as well as the need for capacity 
     development within the local and State HIV health care 
     infrastructures.
       The Managers intend both EMAs and States to develop 
     strategies to bring into and retain in care those individuals 
     who are aware of their HIV status but are not receiving 
     services. As part of this process, the Managers place the 
     highest priority on EMAs and States focusing on eliminating 
     disparities in access and services among affected 
     subpopulations and historically underserved communities. The 
     Managers recognize, however, that the relative availability 
     or lack of HIV prevalence data will be reflected in the 
     scope, goals, timetable and allocation of funds for 
     implementation of the strategy.
       The Managers also expect the Secretary to collaborate with 
     Titles I and II grant recipients and providers to develop 
     epidemiologic measures and tools for use in identifying 
     persons with HIV infection who know their HIV status but are 
     not in care. The Managers recognize the difficulty the EMAs 
     and States may experience in identifying persons with HIV 
     infection who are not in care and who may be unknown to any 
     health or social support system. The efforts on the part of 
     EMAs and States to accomplish these important tasks, however, 
     should not be delayed until this process is complete. 
     Instead, the Managers expect Titles I and II grant recipients 
     to establish and implement strategies responsive to these 
     urgent needs before the development of nationally uniform 
     measures, to the extent that is practicable and to which 
     necessary prevalence data is reasonably available.
       The Managers have also authorized outreach activities in 
     Titles I and II intended to identify individuals with HIV 
     disease know their HIV status but are not receiving services. 
     The intent is to ensure that EMAs and States understand that 
     outreach activities which are consistent with early 
     intervention services and necessary to implement the 
     aforementioned strategies, are appropriate uses of Titles I 
     and II funds. It is not the Managers' intent that such 
     activities supplant or otherwise duplicate activities such as 
     case finding, surveillance and social marketing campaigns 
     currently funded and administered by the Centers for Disease 
     Control and Prevention (CDC). Instead, this authorization 
     reflects the urgency of increasing the coordination between 
     HIV prevention and HIV care and treatment services in all 
     CARE Act programs.
       Hold harmless provisions: The hold-harmless provisions are 
     intended to minimize loss and stabilize systems of care in 
     EMAs and States, while assuring that funds are allocated in 
     Titles I and II to reflect the current distribution and 
     epidemiology of the epidemic.
       The Managers have revised the Title I hold harmless to 
     limit a potential loss in an EMA's formula allocation to a 
     small percentage of the amount allocated to the eligible area 
     in the previous (or base) year. An EMA may lose no more than 
     15 percent of its base formula allocation over five years, 
     beginning with 2 percent in the first year and increasing in 
     subsequent years. If the Secretary determines that data on 
     HIV prevalence are accurate and reliable for use in 
     determining Title I formula grants for Fiscal Year 2005, all 
     EMAs may lose no more than 2 percent of their Fiscal Year 
     2004 formula allocation in that year.
       Should an EMA experience a decline in its Title I formula 
     allocation followed by an intervening year in which there is 
     no decline, its losses in any subsequent, nonconsecutive year 
     of decline would once again be limited to 2 percent (i.e., 
     the intervening year ``resets the clock'').
       The Managers intend to ensure that essential primary care 
     and support services are not compromised by short-term 
     fluctuations in AIDS case counts. Because no new EMA is 
     expected by HRSA's Bureau of HIV/AIDS to require the hold 
     harmless in the first three or four years of this 
     reauthorization period, the Managers expect this policy will 
     shield all eligible areas, save those currently requiring the 
     hold harmless, from any meaningful loss in Title I formula 
     funding.
       Under the Title II holds harmless, a State or territory may 
     lose no more than 1 percent from the previous fiscal year 
     amounts, or 5 percent over the 5-year reauthorization period. 
     This protection extends to base Title II funding (which 
     excludes funds for AIDS Drug Assistance Programs (ADAP)), as 
     well as to overall Title II funding.
       Women, child, infants, and youth set-aside: The Managers 
     are aware of the rising incidence of HIV among youth and 
     women, particularly women of color, and recognize the 
     challenges in assuring them access to primary care and 
     support services for HIV and AIDS. The Managers intend to 
     increase the availability of primary care and health-related 
     supportive services under Title I and Title II for each of 
     the four groups described in the set-aside. Youth are added 
     as a new category within this set-aside. The Managers intend 
     the term ``youth'' to include persons between the ages of 13 
     and 24, and ``children'' to include those under the age of 
     13, including infants.
       The Managers clarify that the set-asides for women, 
     infants, children, and youth with HIV disease be allocated 
     proportionally, based on the percentage of the local HIV-
     infected population that each group represents. The Managers 
     intend that the States and EMAs continue to make every effort 
     to reach and serve women, infants, children, and youth living 
     with HIV/AIDS by allocating sufficient resources under Titles 
     I and II to serve each of these populations. The Managers 
     also recognize that these priority populations often comprise 
     a greater proportion of HIV cases rather than AIDS cases in a 
     local area. This distinction should be taken into account 
     where necessary prevalence data is reasonably available.
       The Managers are aware that these populations may also have 
     access to HIV care through other parts of Title XXVI, 
     Medicaid, State Children's Health Insurance Program (SCHIP), 
     and other Federal and State programs. Therefore, the 
     requirement to proportionally allocate funds provided under 
     Title II to each of these populations may be waived for 
     States which reasonably demonstrate that these populations 
     are receiving adequate care.
       Capacity development: Titles I, II and III of this 
     legislation provide a new focus on strengthening the capacity 
     of minority communities and underserved areas where HIV/AIDS 
     is having a disproportionate impact. Currently, many 
     underserved urban and rural areas are not able to compete 
     successfully for planning grants and early intervention 
     service grants due to the lack of infrastructure and 
     experience with the Ryan White CARE Act programs. This gap in 
     services available is increasingly important, as the HIV and 
     AIDS epidemic extends into rural communities. In addition to 
     authorizing capacity development under Titles I and II, the 
     Managers establish a preference for rural areas under Title 
     III that will allow program administrators to target capacity 
     development grants, planning grants, and the delivery of 
     primary care services to rural communities with a growing 
     need for HIV services. However, urban areas are not excluded 
     from consideration for future grants nor is funding reduced 
     to current grants in urban areas.
       Quality management: The Managers recognize the importance 
     of having CARE Act grantees ensure that quality services are 
     provided to people with HIV and that quality

[[Page 21007]]

     management activities are conducted on an ongoing basis. 
     Quality management programs are intended to serve grantees in 
     evaluating and improving the quality of primary care and 
     health-related supportive services provided under this act. 
     The quality management program should accomplish a threeford 
     purpose: (1) assist direct service medical providers funded 
     through the CARE Act in assuring that funded services adhere 
     to established HIV clinical practices and Public Health 
     Service (PHS) guidelines to the extent possible; (2) ensure 
     that strategies for improvements to quality medical care 
     include vital health-related supportive services in achieving 
     appropriate access to and adherence with HIV medical care; 
     and (3) ensure that available demographic, clinical, and 
     health care utilization information is used to monitor the 
     spectrum of HIV-related illnesses and trends in the local 
     epidemic.
       The Managers expect the Secretary to provide States with 
     guidance and technical assistance for establishing quality 
     management programs, including disseminating such models as 
     have been developed by States and are already being utilized 
     by Title II programs and in clinical practice environments. 
     Furthermore, the Managers intend that the Secretary provide 
     clarification and guidance regarding the distinction between 
     use of CARE Act funds for such program expenditures that are 
     covered as either planning and evaluation and funds for 
     program support costs. It is not the Managers' intent to 
     divert current program resources or to reassign current 
     program support costs or clinical quality programs to new 
     cost areas, if they are an integral part of a State's current 
     quality management efforts.
       Program support costs are described as any expenditure 
     related to the provision of delivering or receiving health 
     services supported by CARE Act funds. As applied to the 
     clinical quality programs, these costs include, but are not 
     limited to, activities such as chart review, peer-to-peer 
     review activities, data collection to measure health 
     indicators or outcomes, or other types of activities related 
     to the development or implementation of a clinical quality 
     improvement program. Planning and evaluation costs are 
     related to the collection and analysis of system and process 
     indicators for purposes of determining the impact and 
     effectiveness of funded health-related support services in 
     providing access to and support of individuals and 
     communities within the health delivery system.
       Early intervention services: The Managers authorize early 
     intervention services as eligible services under Titles I and 
     II under certain circumstances. The Managers intend to allow 
     grantees to provide certain early intervention services, such 
     as HIV counseling, testing, and referral services, to 
     individuals at high risk for HIV infection, in accordance 
     with State or EMA planning activities. The Managers recognize 
     the range of organizations that may be eligible to provide 
     early intervention services, including other grantees under 
     titles I, II and III such as community based organizations 
     (CBOs) that act as points of entry into the health care 
     system for traditionally underserved and minority 
     populations.
       The Managers believe that referral relationships maintained 
     by providers of early intervention services are essential to 
     increasing the numbers of people with HIV/AIDS who are 
     identified and to bringing them into care earlier in the 
     progression of their disease.
       Health-care related support services: The Managers wish to 
     stress the importance of CARE Act funds in meeting the health 
     care needs of persons and families with HIV disease. The Act 
     requires support services provided through CARE Act funds to 
     be health care related. States and EMAs should ensure that 
     support services meet the objective of increasing access to 
     health care and ongoing adherence with primary care needs. 
     The Managers reaffirm the critical relationship between 
     support service provision and positive health outcomes.
       Title I planning council duties and membership: The 
     Managers have amended numerous aspects of CARE Act programs 
     to enhance the coordination between HIV prevention and HIV/
     AIDS care and treatment services. In this case, Planning 
     Council membership of the providers of HIV prevention 
     services will help assure this coordination. To improve 
     representation of underserved communities, providers of 
     services to homeless populations and representatives of 
     formerly incarcerated individuals with HIV disease are 
     included in planning council membership. It is the intent of 
     the Managers that the needs of all communities affected by 
     HIV/AIDS and all providers working within the service areas 
     be represented. The Managers also intend the Planning 
     Councils more adequately reflect the gender and racial 
     demographics of the HIV/AIDS population within their 
     respective EMAs.
       The Managers also intend that patients and consumers of 
     Title I services constitute a substantial proportion of 
     Planning Council memberships. The prohibited of officers, 
     employees and consultants is not intended to impede the 
     participation of qualified, motivated volunteers with Title I 
     grantees from serving on Planning Councils where they do not 
     maintain significant financial relationships with such 
     grantees. In contrast to such significant financial 
     relationships, volunteers may be reimbursed reasonable 
     incidental costs, including for training and transportation, 
     which help to facilitate their important contribution to the 
     Planning Councils.
       To ensure that new Planning Council members are adequately 
     prepared for full participation in meetings, the Managers 
     direct the Secretary to ensure that proper training and 
     guidance is provided to members of the Councils. The Managers 
     also expect Planning Councils to provide assistance, such as 
     transportation and childcare, to facilitate the participation 
     of consumers, particularly those from affected subpopulations 
     and historically underserved communities.
       Consistent with the ``sunshine'' policies of the Federal 
     Advisory Committee Act (FACA), all meetings of the Planning 
     Councils shall be open to the public and be held after 
     adequate notice to the public. Detailed minutes, records, 
     reports, agenda, and other relevant documents should also be 
     available to the public. The Managers intend for such 
     documents to be available for inspection and copying at a 
     single location, including posting on the Internet.
       Title I supplemental: In order to target funding to areas 
     in greatest need of assistance, severity of need is given a 
     greater weight of 33 percent in the award of Title I 
     supplemental grants. The Managers intend that Title I 
     supplemental awards are not intended to be allocated on the 
     basis of formula grant allocations. Instead, such 
     supplemental awards are to be directed principally to those 
     eligible areas with `severe need,'' or the greatest or 
     expanding public health challenges in confronting the 
     epidemic. The Managers have included additional factors to be 
     considered in the assessment of severe need, including the 
     current prevalence of HIV/AIDS, and the degree of increasing 
     and unmet needs for services. Additionally, the Managers 
     believe that syphilis, hepatitis B and hepatitis C should be 
     regarded as important co-morbidities to HIV/AIDS.
       It is the Managers' strong view that HRSA's Bureau of HIV/
     AIDS should employ standard, quantitative measures to the 
     maximum extent possible in lieu of narrative self-reporting 
     when awarding supplemental awards. The Managers therefore 
     renew the Bureau's obligation to develop in a timely manner a 
     mechanism for determining severe need upon the basis of 
     national, quantitative incidence data. In this regard, the 
     Managers recognize that adequate and reliable data on HIV 
     prevalence may not be uniformly available in all eligible 
     areas on the date of enactment. It is noted, however, that 
     ``HIV disease'' under the CARE Act encompasses both persons 
     living with AIDS as well as persons diagnosed as HIV positive 
     who have not developed AIDS.
       Title II base minimum funding: The minimum Title II base 
     award is increased in order to increase the funding available 
     to States for the capacity development of health system 
     programs and infrastructure. The Federated States of 
     Micronesia and the Republic of Palau are included as entities 
     eligible to receive Title II funds, in recognition of the 
     need to establish a minimum level of funding to assist in 
     building HIV infrastructure.
       Title II public participation: The Managers urge States to 
     strengthen public participation in the Ryan White Title II 
     planning process. While the Managers do not intend that 
     States be mandated to consult with all entities participating 
     in the Title I planning process, reference to such entities 
     is intended to provide guidance to the States that such 
     entities are important constituencies which the States should 
     endeavor to include in their planning processes. Moreover, 
     States may demonstrate compliance with the new requirement of 
     an enhanced process of public participation by providing 
     evidence that existing mechanisms for consumer and community 
     input provide for the participation of such entities. The 
     intent is to allow States to utilize the optimal public 
     advisory planning process, such as special planning bodies or 
     standing advisory groups on HIV/AIDS, for their particular 
     population and circumstances.
       The Managers are also aware of the difficulties that some 
     States with limited resources may encounter in convening 
     public hearings over large geographic or rural areas and 
     encourage the Secretary to work with these States to develop 
     appropriate processes for public input, and to consider such 
     limitations when enforcing these requirements.
       Title II HIV care consortia: The Manager intend that the 
     States continue to work with local consortia to ensure that 
     they identify potential disparities in access to HIV care 
     services at the local level, with a special emphasis on those 
     experiencing disparities in access to care, historically 
     underserved populations, and HIV infected persons not in 
     care. However, the Managers do not intend that States and/or 
     consortia be mandated to consult with all entities 
     participating in the Title I planning process. Rather, 
     reference to such entities is intended to provide guidance to 
     the States that such entities are important constituencies 
     which the States should endeavor to include in their planning 
     processes.
       Title II ``emerging communities'' supplement: There 
     continues to be a growing need to address the geographic 
     expansion of this epidemic, and this Act continues the 
     efforts

[[Page 21008]]

     made during the last reauthorization to direct resources and 
     services to areas that are particularly underserved, 
     including rural areas and metropolitan areas with significant 
     AIDS cases that are not eligible for Title I funding. A 
     supplemental formula grant program is created within Title II 
     to meet HIV care and support needs in non-EMA areas. There 
     are a large number of areas within States that do not meet 
     the definition of a Title I EMA but that, nevertheless, 
     experience significant numbers of people living with AIDS. 
     This provision stipulates that these ``emerging 
     communities,'' defined as cities with between 500 and 1,999 
     reported AIDS cases in the most recent 5-year period, be 
     allocated 50 percent of new appropriations to address the 
     growing need in these areas. Funding for this provision is 
     triggered when the allocations to carry out Part B, excluding 
     amounts allocated under section 2618(a)(2)(I), are 
     $20,000,000 in excess of funds available for this part in 
     fiscal year 2000, excluding amounts allocated under section 
     2618(a)(2)(I). States can apply for these supplemental awards 
     by describing the severity of need and the manner in which 
     funds are to be used.
       The Managers intend to acknowledge the challenges faced by 
     many areas with a significant burden of HIV and AIDS and a 
     lack of health care infrastructure or resources to provide 
     HIV care services. This supplemental program allows the 
     Secretary to make grants to States to address HIV service 
     needs in these underserved areas. The Managers understand the 
     necessity to continue to support existing and expanding 
     critical Title II base services.
       AIDS Drug Assistance Program supplemental grant and 
     expanded services: Under this Act, the AIDS Drug Assistance 
     Program (ADAP) has been strengthened to assist States in a 
     number of areas. The Secretary is authorized to reserve 3 
     percent of ADAP appropriations for discretionary supplemental 
     ADAP grants which shall be awarded in accordance with 
     severity of need criteria established by the Secretary. Such 
     criteria shall account for existing eligibility standards, 
     formulary composition and the number of patients with incomes 
     at or below 200 percent of poverty. The Managers also 
     encourage the Secretary to consider such factors as the 
     State's ability to remove restrictions on eligibility based 
     on current medical conditions or income restrictions and to 
     provide HIV therapeutics consistent with PHS guidelines.
       States are also required to match the Federal supplement at 
     a rate of 1:4. The Managers expect the State to continue to 
     maintain current levels of effort in its ADAP funding. The 
     Managers intend that the 25 percent State match required to 
     receive funds under this section be implemented in a flexible 
     manner that recognizes the variations between Federal, State, 
     and programmatic fiscal years.
       In addition, up to 5 percent of ADAP funds will be allowed 
     to support services that directly encourage, support, and 
     enhance adherence with treatment regimens, including medical 
     monitoring, as well as purchase health insurance plans where 
     those plans provided fuller and more cost-effective coverage 
     of AIDS therapies and other needed health care coverage. 
     However, up to 10 percent of ADAP funds may be expended for 
     such purposes if the State demonstrates that such services 
     are essential and do not diminish access to therapeutics. 
     Finally, the Managers recognize that existing Federal policy 
     provides adequate guidelines to states for carrying out 
     provisions under this section.
       Partner notification, perinatal transmission, and 
     counseling services: Discretionary grants are authorized 
     under this Act for partner notification, counseling and 
     referral services. The Managers have also expanded the 
     existing grant program to States for the reduction of 
     perinatal transmission of HIV, and for HIV counseling, 
     testing, and outreach to pregnant woman. Funding for 
     perinatal HIV transmission reduction activities is expanded, 
     with additional grants available to States with newborn 
     testing laws or States with significant reductions in 
     perinatal HIV transmission. In addition, this Act further 
     specifies information to be conveyed to individuals receiving 
     HIV positive test results in order to reduce risk of HIV 
     transmission through sex or needle-sharing practices.
       Coordination of coverage and services: This Act also 
     strengthens the requirements made on the States and EMAs in a 
     number of areas aimed at improving the coordination of 
     coverage and services. Grantees must access the availability 
     of other funding sources, such as Medicaid and the State 
     Children's Health Insurance Program (SCHIP) and improve 
     efforts to ensure that CARE Act funds are coordinated with 
     other available payers.
       Titles II and IV administrative expenses: The 
     administrative cap for the directly funded Title III programs 
     is increased. The administrative cap for Title III grants is 
     raised from 7.5 percent to 10 percent to correspond with the 
     10 percent cap on individual contractors in Title I. The 
     Secretary is directed to review administrative and program 
     support expenses for Title IV, in consultation with grantees. 
     In order to assure that children, youth, women, and families 
     have access to quality HIV-related health and support 
     services and research opportunities, the Secretary is 
     directed to work with Title IV grantees to review expenses 
     related to administrative, program support, and direct 
     service-related activities.
       Title IV access to research: This Act removes the 
     requirement that Title IV grantees enroll a ``significant 
     number'' of patients in research projects. Title IV provides 
     an important link between women, children, and families 
     affected by HIV/AIDS and HIV-related clinical research 
     programs. The ``significant number'' requirement is removed 
     here to eliminate the incentive for providers to 
     inappropriately encourage or pressure patients to enroll in 
     research programs.
       To maintain appropriate access to research opportunities, 
     providers are required to develop better documentation of the 
     linkages between care and research. The Secretary of Health 
     and Human Services (HHS), through the National Institutes of 
     Health (NIH), is also directed to examine the distribution 
     and availability of HIV-related clinical programs for 
     purposes of enhancing and expanding access to clinical 
     trials, including trials funded by NIH, CDC and private 
     sponsors. The Managers encourage the Secretary to assure that 
     NIH-sponsored HIV-related trials are responsive to the need 
     to coordinate the health services received by participants 
     with the achievement of research objectives. Nor do the 
     Managers intend this requirement to require the 
     redistribution of funds for such research projects.
       Part F Dental Reimbursement Program: The Managers have 
     established new grants for community-based health care to 
     support collaborative efforts between dental education 
     programs and community-based providers directed at providing 
     oral health care to patients with HIV disease in currently 
     unserved areas and communities without dental education 
     programs. Although the Dental Program has been tremendously 
     successful, there is still a large HIV/AIDS population that 
     has not benefitted because there is not a dental education 
     institution participating in their area. These patients are 
     also in need of dental services that could be provided at 
     community sites if more community-based providers would 
     partner with a dental school or residency program. In these 
     partnerships, dental students or residents could provide 
     treatment for HIV/AIDs patients in underserved communities 
     under the direction of a community-based dentist who would 
     serve as adjunct faculty. By encouraging dental educational 
     institutions to partner with community-based providers, the 
     Managers intend to address the unmet need in these areas by 
     ensuring that dental treatment for the HIV/AIDS population is 
     available in all areas of the country, not just where dental 
     schools are located.
       Technical assistance and guidance: The Managers reaffirm 
     the Secretary's responsibility in providing needed guidance 
     and tools to grantees in assisting them in carrying out new 
     requirements under this Act. The Secretary is required to 
     work with States and EMAs to establish epidemiologic measures 
     and tools for use in identifying the number of individuals 
     with HIV infection, especially those who are not in care. The 
     legislation requests an IOM study to assist the Secretary in 
     providing this advice to grantees.
       The Managers understand that the Secretary has convened a 
     Public Health Service Working Group on HIV Treatment 
     Information Dissemination, which has produced recommendations 
     and a strategy for the dissemination of HIV treatment 
     information to health care providers and patients. 
     Recognizing the importance of such a strategy, the Managers 
     intend that the Secretary issue and begin implementation of 
     the strategy to improve the quality of care received by 
     people living with HIV/AIDS.
       Data Collection through CDC: The Managers believe that an 
     additional authorization for HIV surveillance activities 
     under the CDC will serve to advance the purposes of the CARE 
     Act. To better identify and bring individuals with HIV/AIDS 
     into care, States and cities may use such funding to enhance 
     their HIV/AIDS reporting systems and expand case finding, 
     surveillance, social marketing campaigns, and other 
     prevention service programs. Notwithstanding its strong 
     interest in improving the coordination between HIV prevention 
     and HIV care and treatment services, the Managers intend that 
     this enhanced funding for CDC and its grantees ensure that 
     CARE Act programs and funds not duplicate or be diverted to 
     activities currently funded and administered by the CDC.
       Coordination: This Act requires the Secretary to submit a 
     plan to Congress concerning the coordination of Health 
     Resources and Services Administration (HRSA), Centers for 
     Disease Control and Prevention (CDC), Substance Abuse and 
     Mental Health Services Administration (SAMHSA), and Health 
     Care Financing Administration (HCFA), to enhance the 
     continuity of care and prevention services for individuals 
     with HIV disease or those at risk of such disease. The 
     Managers believe that much greater effort is required to 
     ensure that the provision of HIV prevention and care services 
     becomes as seamless as possible, and that coordination be 
     pursued at the Federal level, in the States and local 
     communities to eliminate any administrative barriers to the 
     efficient provision of high quality services to individuals 
     with HIV disease.

[[Page 21009]]

       A second plan for submission to Congress focuses on the 
     medical case management and provision of support services to 
     persons with HIV released from Federal or State prisons.
       Administrative simplification: The Managers intend for the 
     Secretary of HHS to explore opportunities to reduce the 
     administrative requirements of Ryan CARE Act grantees through 
     simplifying and streamlining the administrative processes 
     required of grantees and providers under Titles I and II. In 
     consultation with grantees and service providers of both 
     parts, the Secretary is directed to (1) develop a plan for 
     coordinating the disbursement of appropriations for grants 
     under Title I with the disbursement of appropriations for 
     grants under Title II, (2) explore the impact of biennial 
     application for Titles I and II on the efficiency of 
     administration and the administrative burden imposed on 
     grantees and providers under Titles I and II, and (3) develop 
     a plan for simplifying the application process for grants 
     under Titles I and II. It is the intent of the Managers to 
     improve the ability to grantees to comply with administrative 
     requirements while decreasing the amount of staff time and 
     resources spent on administrative requirements.
       Program and service studies: The Managers request that the 
     Secretary, through the IOM, examine changing trends in the 
     HIV/AIDS epidemic and the financing and delivery of primary 
     care and support services for low-income, uninsured 
     individuals with HIV disease. The Secretary is directed to 
     make recommendation regarding the most effective use of 
     scarce Federal resources. The purpose of the study is to 
     examine key factors associated with the effective and 
     efficient financing and delivery of HIV services (including 
     the quality of services, health outcomes, and cost-
     effectiveness). The Managers expect that the study would 
     include examination of CARE Act financing of services in 
     relation to existing public sector financing and private 
     health coverage; general demographics and comorbidities of 
     individuals with HIV disease; regional variations in the 
     financing and costs of HIV service delivery; the availability 
     and utility of health outcomes measures and data for 
     measuring quality of Ryan White funded service; and available 
     epidemiologic tools and data sets necessary for local and 
     national resource planning and allocation decisions, 
     including an assessment of implementation of HIV infection 
     reporting, as it impacts these factors.
       The Managers also require an IOM study focuses on 
     determining the number of newborns with HIV, where the HIV 
     status of the mother is unknown; perinatal HIV transmission 
     reduction efforts in States; and barriers to routine HIV 
     testing of pregnant women and newborns when the mothers' HIV 
     status is unknown. The study is intended to provide States 
     with recommendations on improving perintal prevention 
     services and reducing the number of pediatric HIV/AIDS cases 
     resulting from perinatal transmission.
       Development of Rapid HIV Test: The Managers encourage the 
     Secretary to expedite the availability of rapid HIV tests 
     which are safe, effective, reliable and affordable. The 
     Managers intend that the National Institutes of Health expand 
     research which may lead to such tests. The Managers also 
     intend that the Director of CDC should take primary 
     responsibility, in conjunction with the Commissioner of Food 
     and Drugs, for a report to Congress on the public health need 
     and recommendations for the expedited review of rapid HIV 
     tests. The Managers believe that the Food and Drug 
     Administration should account for the particular applications 
     and urgent need for rapid HIV tests, as articulated by public 
     health experts and the CDC, when determining the specific 
     requirements to which such tests will be held prior to 
     marketing.
       Department of Veterans Affairs: The Managers note that the 
     U.S. Department of Veterans Affairs is the largest single 
     direct provider of HIV care and services in the country. Over 
     18,000 veterans received HIV care at VA facilities in 1999. 
     Veterans with HIV infection are eligible to participate in 
     Ryan White Title I and Title II programs when they meet 
     eligibility requirements set by EMAs and States, whose plans 
     for the delivery of services must account for the 
     availability of VA services. VA facilities are eligible 
     providers of HIV health and support services where 
     appropriate. The Managers expect that HRSA's Bureau of HIV/
     AIDS shall encourage Ryan White grantees to develop 
     collaborations between providers and VA facilities to 
     optimize coordination and access to care to all persons with 
     HIV/AIDS.
       International HIV/AIDS Initiatives: The Managers note that 
     the CARE Act provides a model of service delivery and Federal 
     partnership with States, cities and community-based 
     organizations which should prove valuable in global efforts 
     to combat the HIV/AIDS epidemic. The Managers strongly 
     encourage the Secretary, the Bureau of HIV/AIDS at HRSA, and 
     the CDC to provide technical assistance available to other 
     countries which has already proven invaluable in helping to 
     limit the suffering caused by HIV/AIDS. It is the Managers' 
     hope that the hard-earned knowledge and experience gained in 
     this country can benefit people with HIV/AIDS overseas.

  Mr. KENNEDY. Mr. President, it is a privilege to support the CARE Act 
Amendments of 2000. I commend the many Senators who worked hard and 
well on the issue of HIV and AIDS. Senator Jeffords and Senator Hatch 
have championed this issue since 1990 when the CARE Act was first 
proposed, and Senator Frist has been an impressive leader in recent 
years. Their leadership has and the leadership of many others has 
raised our collective conscience about the HIV/AIDS crisis. Our goal in 
this legislation is to ensure that citizens with HIV disease continue 
to receive the benefits of advances in therapies and a system of 
support that has achieved remarkable success in recent years.
  For 20 years, America has struggled with the devastation caused by 
HIV/AIDS. It is a virus that knows no color, religion, political 
affiliation, or income status. AIDS continues to kill brothers and 
sisters, children and parents, friends and loved ones--all in the prime 
of their lives. This epidemic knows no geographic boundaries and has no 
mercy on those it strikes. HIV/AIDS has become one of the greatest 
public health challenges of our times. The CARE Act has directed needed 
resources to accelerate research, develop effective therapies, and 
support the 900,000 persons and families living with HIV/AIDS in 
America, and it clearly deserves to be extended and expanded.
  AIDS has claimed over 420,000 lives so far in the United States and 
it continues to claim the most vulnerable among us, especially women, 
youth, and minorities. We have good reason to be encouraged by medical 
advances over the past ten years, but we still face an epidemic that 
kills over 47,000 people each year. Like other epidemics before it, 
AIDS is now hitting hardest in areas where knowledge about the disease 
is scarce and poverty is high. The epidemic has dealt a particularly 
severe blow on communities of color, which account for 73 percent of 
all new infections. Women account for 30 percent of new infections. 
Over half of new infections occur in persons under 25.
  An estimated 34 percent of AIDS cases in the U.S. occur in rural 
areas, and this percentage is growing. As the crisis continues year 
after year, it becomes increasingly difficult for anyone to claim that 
AIDS is someone else's problem. We all share in a very real way in 
being touched by the epidemic.
  Fortunately, we have been able to slow the progression of this 
devastating disease. Many people living with HIV and AIDS are alive 
today and leading longer and healthier lives. AIDS deaths declined by 
20 percent between 1997 and 1998, thanks to advances in care and 
effective new treatments. The smallest increase in new AIDS cases--11 
percent--took place in 1999, compared with an 18 percent increase in 
new cases just a year before. We are helping people earlier in their 
disease progression and keeping them healthier longer.
  Nevertheless, an estimated 30 percent of persons living with AIDS do 
not have insurance coverage to pay for costly treatments. As a result, 
heavy demands are placed on community-based organizations and state and 
local governments. For these Americans, the CARE Act Amendments of 2000 
will continue to provide the only means to obtain the care and 
treatment they need.
  In Massachusetts, there has been a 77 percent decline in AIDS and 
HIV-related deaths since 1995. But the number of cases increased in 
women by 11 percent from 1997 to 1998. Fifty-five percent of persons 
living with AIDS in the state are persons of color. Massachusetts is 
fortunate to have a state budget that provides funding for primary 
care, prevention, and surveillance efforts. But no state is 
economically sufficient enough to provide the significant financial 
resources needed to enable all persons living with HIV disease to 
obtain the medical and supportive services they need without the Ryan 
White CARE Act.
  The CARE Act will continue to bring hope to the over 600,000 
individuals it serves each year in dealing with this devastating 
disease. This reauthorization builds on past accomplishments, while 
recognizing the challenge of ensuring access drug treatment for all who 
need it, reducing health disparities

[[Page 21010]]

in vulnerable populations, and improve the distribution and quality of 
services.
  Funds totaling $3.4 billion over the next five years will target the 
hardest hit 51 metropolitan areas in the country under Title I of the 
Act. Local planning and priority-setting under Title I assures that 
each of the eligible metropolitan areas responds to local HIV/AIDS 
needs. Safeguards are put in place to ensure that Title I areas are 
protected from drastic shifts in funding that can destabilize their HIV 
care infrastructure by limiting these losses to a maximum of 15 percent 
over its FY 2000 levels without compounded the effects of the loss from 
year to year. We also have assured EMAs the opportunity to reset the 
clock each time they find they do not need hold harmless protection in 
order to allow them the needed time and resources to plan prioritize, 
and redirect resources in response to major shifts that may occur in 
funding and in the local epidemic.
  Under Title II, $4.4 billion over the next five years will provide 
emergency relief to assist states in developing their HIV health care 
infrastructure. These funds will also provide life-sustaining drugs to 
over 61,000 persons each month. In addition, these funds will provide 
assistance for emerging communities that are increasingly affected by 
HIV/AIDS, but do not currently qualify for additional assistance, while 
assuring that base Title II funding losses do not occur in any fiscal 
year for any state or territory.
  Title III programs will receive $730 million during the five year 
period to assist over 200 local health centers and other primary health 
care providers in communities with a significant and disproportionate 
need for HIV care. Many of these communities are located in the hardest 
hit areas, serving low income communities. An additional $30 million in 
funds under Title III will provide planning and capacity development 
grants for hard-to-reach urban and rural communities.
  In Title IV, $2700 million over the next five years will be used to 
meet the specific needs of women, infants, youth, and families. An 
additional $42 million will assure that oral health care is available 
to persons with HIV/AIDS who are uninsured. One hundred and forty-one 
million dollars in funding over the five-year period will assure that 
we continue our investment in improving the skills of the healthcare 
workforce.
  In total, the CARE Act will authorize over $8.5 billion in funding to 
fight HIVS/AIDS over the next five years.
  I commend the dedication of the AIDS community and the Administration 
in working with Congress over the past year to bring forward the best 
possible legislation. I also commend Sean Donohue and William Fleming 
of Senator Jeffords' staff, Dave Larsen of Senator Frist's staff, and 
Stephanie Robinson and Idalia Sanchez of my staff for their effective 
work on this landmark legislation.
  The Senate's action today reaffirms our long-standing commitment to 
provide greater help to those with HIV/AIDS and to families touched by 
this devastating disease. America has the resources to win the battle 
against AIDS. We must face this disease with the same courage 
demonstrated by Ryan White, the young man with hemophilia who 
contracted AIDS through blood transfusions, and for whom the original 
act was named. Ryan White touched the world's heart through his valiant 
effort to speak out against the ignorance and discrimination faced by 
persons living with AIDS. This legislation carries on his brave work 
and I urge the Senate to approve it.
  Mr. FRIST. Mr. President, I am pleased to acknowledge the final 
Senate passage of the Ryan White CARE Act Amendments of 2000 today, 
which follows the actions of House of Representatives earlier this 
morning. This important bill forms a unique partnership between 
federal, local, and state governments; non-profit community 
organizations, health care and supportive service providers. For the 
last decade, this Act has successfully provided much needed assistance 
in health care costs and support services for low-income, uninsured and 
underinsured individuals with HIV/AIDS.
  Through programs such as the AIDS Drug Assistance Program, ADAP, 
which provides access to pharmaceuticals, the CARE Act has helped 
extend and even save lives. Last year alone, nearly 100,000 people 
living with HIV and AIDS received access to drug therapy because of the 
CARE Act. Half the people served by the CARE Act have family incomes of 
less than $10,000 annually, which is less than the $12,000 annual 
average cost of new drug ``cocktails'' for treatment. The CARE Act is 
critical in ensuring that the number of people living with AIDS 
continues to increase, as effective new drug therapies are keeping HIV-
infected persons healthy longer and dramatically reducing the death 
rate. Investments in enabling patients with HIV to live healthier and 
more productive lives have helped to reduce overall health costs. For 
example, the National Center for Health Statistics reported that the 
nation has seen a 30 percent decline in HIV related hospitalizations, 
producing nearly one million fewer HIV related hospital days and a 
savings of more than $1 billion.
  During the 104th Congress, I had the pleasure of working with Senator 
Kassebaum on the Ryan White CARE Act Amendments of 1996 to ensure that 
this needed law was extended. Senator Jeffords, who has done a terrific 
job in crafting this bill, has already outlined some specifics of this 
legislation, however, I would like to conclude by discussing a specific 
provision which I am grateful Senator Jeffords included in this 
reauthorization.
  This bill contains a provision, under Title II of this Act, 
addressing the fact that the face of this disease is changing as AIDS 
moves into communities which have not been impacted as great as several 
Title I grantees. One important aspect of this provision is the 
creation of supplemental grants for emerging metropolitan communities, 
which do not qualify for Title I funding but have reported between 500 
and 2,000 AIDS cases in the last five years. For cities that have 
between 1,000 and 2,000 AIDS cases this provision would provide cities, 
including Memphis and Nashville, at least $5 million in new funding to 
divide each year, or 25 percent of new monies under Title II, whichever 
is greater. For cities with 500 to 999 AIDS cases in the last five 
years, at least $5 million in new funding each year will be divided, or 
25 percent of new monies under Title II, whichever is greater. This 
provision will be implemented as soon as the appropriation level for 
Title II, excluding the ADAP program, is increased by $20 million above 
the FY2000 funding level. Once implemented, this program would remain 
in place every year after the initial trigger level is met with at 
least $10 million coming from the Title II funding to support this 
needed effort.
  Mr. President, I would like to thank Senator Jeffords for his 
leadership on this issue, and Sean Donohue and William Fleming of his 
staff for all their expertise in drafting this bill. I would also like 
to thank Senator Kennedy and Stephanie Robinson of his staff for their 
work and dedication to this issue. And finally I would like to think 
Dave Larson and Mary Sumpter Johnson of my health staff for their work 
on passage of this bill.

                          ____________________



                   ORDERS FOR FRIDAY, OCTOBER 6, 2000

  Mr. MACK. Mr. President, I ask unanimous consent that when the Senate 
completes its business today, it recess until the hour of 9:30 a.m. on 
Friday, October 6. I further ask unanimous consent that on Friday, 
immediately following the prayer, the Journal of proceedings be 
approved to date, the time for the leaders be reserved for their use 
later in the day, and the Senate then begin a period of morning 
business with the time until 10 a.m. equally divided in the usual form.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________


[[Page 21011]]

                                PROGRAM

  Mr. MACK. Mr. President, for the information of all Senators, the 
Senate will be in a period of morning business


until 10 a.m. Following morning business, the Senate may begin 
consideration of the Transportation appropriations conference report or 
the sex trafficking victims conference report. It is hoped that the 
Senate can begin consideration of either of these conference reports 
prior to noon tomorrow. Therefore, votes could occur by midmorning.
  Mr. REID. Mr. President, may I ask my friend a question?
  Mr. MACK. Certainly.
  Mr. REID. Is there a ``definite maybe'' that we will have a vote? Is 
that about it?
  Mr. MACK. I think that is probably as close to a ``definite maybe'' 
as you can get in the Senate at this time.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                    RECESS UNTIL 9:30 A.M. TOMORROW

  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
recess until tomorrow at 9:30 a.m.
  Thereupon, the Senate, at 6:51 p.m., recessed until Friday, October 
6, 2000, at 9:30 a.m.

                          ____________________



                              NOMINATIONS

  Executive nominations received by the Senate October 5, 2000:


                       INTER-AMERICAN FOUNDATION

       ANITA PEREZ FERGUSON, OF CALIFORNIA, TO BE A MEMBER OF THE 
     BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A 
     TERM EXPIRING SEPTEMBER 20, 2006, VICE MARIA OTERO, TERM 
     EXPIRED.


                 FEDERAL DEPOSIT INSURANCE CORPORATION

       JOHN M. REICH, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR A 
     TERM OF SIX YEARS, VICE ANDREW C. HOVE, JR., TERM EXPIRED.





             CONGRESSIONAL RECORD 

                United States
                 of America


October 5, 2000


[[Page 21012]]

           HOUSE OF REPRESENTATIVES--Thursday, October 5, 2000

  The House met at 10 a.m. and was called to order by the Speaker pro 
tempore (Mr. Simpson).

                          ____________________



                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                  October 5, 2000.
       I hereby appoint the Honorable Michael K. Simpson to act as 
     Speaker pro tempore on this day.
                                                J. Dennis Hastert,
     Speaker of the House of Representatives.

                          ____________________



                                 PRAYER

  The Reverend Norman B. Steen, The Christian Reformed Church of 
Washington, D.C., offered the following prayer:
  Almighty God, Maker of Heaven and Earth, Lord of the Nations, You've 
got the whole world in Your strong and loving hands, this grand Capitol 
building, our beloved Nation, and all people everywhere.
  As this session of the House is drawing to a close, I ask You, Lord, 
for the blessing of Your wisdom to fall on these Congressmen and 
Congresswomen as they seek the common good in their deliberations and 
debate on this day.
  Lord, give them understanding, patience and goodwill as they struggle 
to accomplish their legislative goals, and with this big push now to 
wrap things up before the campaign season moves into high gear, give 
our leaders health, strength and endurance to be able to work 
effectively under all of these pressures.
  And above all, Lord, may Your love of justice and mercy and peace be 
reflected in the work of these dedicated public servants on this day 
for the blessing of our Nation, for the blessing of the world.
  Yours, Lord God, is the kingdom and the power and the glory forever. 
Amen.

                          ____________________



                              THE JOURNAL

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

                          ____________________



                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentlewoman from Michigan (Ms. 
Rivers) come forward and lead the House in the Pledge of Allegiance.
  Ms. RIVERS led the Pledge of Allegiance as follows:

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

                          ____________________



                        MESSAGE FROM THE SENATE

  A message from the Senate by Mr. Lundregan, one of its clerks, 
announced that the Senate has passed without amendment bills and a 
concurrent resolution of the House of the following titles:

       H.R. 1162. An act to designate the bridge on United States 
     Route 231 that crosses the Ohio River between Maceo, 
     Kentucky, and Rockport, Indiana, as the ``William H. Natcher 
     Bridge''.
       H.R. 1605. An act to designate the Federal building and 
     United States courthouse located at 402 North Walnut Street 
     in Harrison, Arkansas, as the ``J. Smith Henley Federal 
     Building and United States Courthouse''.
       H.R. 4318. An act to establish the Red River National 
     Wildlife Refuge.
       H.R. 4642. An act to make certain personnel flexibilities 
     available with respect to the General Accounting Office, and 
     for other purposes.
       H.R. 4806. An act to designate the Federal building located 
     at 1710 Alabama Avenue in Jasper, Alabama, as the ``Carl 
     Elliott Federal Building''.
       H.R. 5284. An act to designate the United States courthouse 
     located at 101 East Main Street in Norfolk, Virginia, as the 
     ``Owen B. Pickett United States Courthouse''.
       H. Con. Res. 399. Concurrent resolution recognizing the 
     25th anniversary of the enactment of the Education for All 
     Handicapped Children Act of 1975.

  The message also announced that the Senate has passed with amendments 
in which the concurrence of the House is requested, bills of the House 
of the following titles:

       H.R. 4002. An act to amend the Foreign Assistance Act of 
     1961 to revise and improve provisions relating to famine 
     prevention and freedom from hunger.
       H.R. 4386. An act to amend title XIX of the Social Security 
     Act to provide medical assistance for certain women screened 
     and found to have breast or cervical cancer under a federally 
     funded screening program, to amend the Public Health Service 
     Act and the Federal Food, Drug, and Cosmetic Act with respect 
     to surveillance and information concerning the relationship 
     between cervical cancer and the human papillomavirus (HPV) 
     and for other purposes.

  The message also announced that the Senate has passed a bill of the 
following title in which the concurrence of the House is requested:

       S. 2412. An act to amend title 49, United States Code, to 
     authorize appropriations for the National Transportation 
     Safety Board for fiscal years 2000, 2001, 2002, and 2003, and 
     for other purposes.

  The message also announced that pursuant to Public Law 103-296, the 
Chair, on behalf of the President pro tempore, and in consultation with 
the Chairman and the Ranking Minority Member of the Finance Committee, 
appoints David Podoff, of Maryland, as a member of the Social Security 
Advisory Board, vice Lori L. Hansen.

                          ____________________



                      THE REVEREND NORMAN B. STEEN

  (Mr. HOEKSTRA asked and was given permission to address the House for 
1 minute.)
  Mr. HOEKSTRA. Mr. Speaker, it is my pleasure to welcome the Reverend 
Norman Steen, pastor of the Christian Reformed Church of Washington, 
D.C. as a guest chaplain for the House of Representatives.
  The Washington, D.C. Christian Reformed Church has a proud history of 
more than 50 years in the District of Columbia. The church was founded 
during World War II by members of the Christian Reformed Church who 
came to Washington from Michigan, Iowa, New Jersey, Washington, and 
California and from throughout the United States in order to serve our 
Nation.
  Since that time, the church has rooted itself in Northeast Washington 
and has seen many changes in this city, all the while serving its 
members and the community around it.
  Reverend Steen has been the pastor of the church since April of 1999. 
Prior to moving with his wife, Barb, he was a minister at a church in 
my hometown, the 14th Street Christian Reformed Church of Holland, 
Michigan. During his distinguished 25-year career as a minister, Norm 
has also served churches in Ridgewood, New Jersey, and Parkersburg, 
Iowa.
  I hope the entire House will join me in welcoming Reverend Norm Steen 
as our guest chaplain today.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. The Chair will entertain fifteen 1-minute 
speeches on each side.

                          ____________________



                        CONGRATULATING IAN AMBER

  (Ms. ROS-LEHTINEN asked and was given permission to address the House

[[Page 21013]]

for 1 minute and to revise and extend her remarks.)
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to congratulate a 
remarkable young man and true champion in my congressional district, 
Ian Amber. Ian is a straight A honor student at Palmetto Senior High 
School where he excels in various academic organizations. But unlike 
most teenagers, Ian had to overcome a great obstacle not normally faced 
by students.
  At age 10, Ian was diagnosed with leukemia and underwent 3 years of 
intense chemotherapy treatment. Through perseverance, he beat cancer; 
and today, Ian spends his time helping children with life-threatening 
diseases.
  He formed Kids That Care Pediatric and Cancer Fund, the only kid-run 
organization affiliated with a major hospital in South Florida, an 
organization in which he raises funds for sick children.
  He also created Trading Places, a sensitive-training program for 
oncology nurses.
  Mr. Speaker, I ask my colleagues to help me in recognizing Ian's 
selfless achievements, and in commending him for being a shining 
example to us all. He represents Miami Palmetto well. He represents all 
of us well.

                          ____________________



                         THE VAGINA MONOLOGUES

  (Mr. TRAFICANT asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. TRAFICANT. Broadway has announced a new play called ``The Vagina 
Monologues.'' I quote, the promo states that ``Vagina Monologues uses 
humor and drama to explore such things as sexual fantasies, orgasms, 
pelvic examinations and rape.'' Now if that is not enough to entice 
your condominium, this vaginal virtuoso is being billed as theater at 
its finest.
  Unbelievable. What is next? Rectal Diaries? Men are dropping like 
flies in America from prostate cancer and Broadway is promoting vaginal 
titillation.
  Beam me up. I advise all New York men to sleep on their stomachs, and 
I yield back all the STDs on the East Coast.

                          ____________________



                           ANY MORE STORIES?

  (Mr. BALLENGER asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. BALLENGER. Mr. Speaker, here we go again. First it is inventing 
the Internet, then it is drugs for his mother-in-law and his dog. Now 
it appears the Vice President's imagination has really run wild again. 
When Governor Bush mentioned traveling to a disaster area with the head 
of FEMA, Mr. Gore added that he traveled with him too. Untrue. Then 
claimed to be a strong supporter of the lockbox for Social Security and 
Medicare. Surprise, surprise, the Democrat filibuster holding up this 
legislation is waiting for his first sign of support. What about that 
poor Florida girl forced to stand in her class of 36 because there is 
no room for her desk? Guess what? Not true again.
  What is that phrase about pants on fire? Any more stories?

                          ____________________



                     THE VIOLENCE AGAINST WOMEN ACT

  (Ms. RIVERS asked and was given permission to address the House for 1 
minute.)
  Ms. RIVERS. Mr. Speaker, the House has done its job, we passed the 
Violence Against Women Act by a vote of 415-3. Nevertheless, the 
authorization ran out on September 30, 2000.
  This critical bill is supported by police officers, judges, 
prosecutors, governors, State attorneys general, social workers, men 
and women and children's advocates around the Nation. It deserves 
immediate attention from the other body.
  The Violence Against Women Act was originally passed in 1994 and 
authorized over a billion dollars for law enforcement grants, judicial 
training, shelters, a national hotline, child abuse and prevention 
programs. Thousands of victims from every State, race, and 
socioeconomic level have relied on these services for protection from 
violence.
  VAWA has saved lives and helped rebuild even more, and it has served 
to break the cycle of violence in so many families, by preventing 
children from perpetuating the violence they witness.
  With the authorization already expired, I respectfully urge the other 
body to pass this important legislation.

                          ____________________



                        SQUANDERED OPPORTUNITIES

  (Mr. Pitts asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Mr. Speaker, Governor George W. Bush has rightly pointed 
out that this boom economy is an opportunity we should not squander. It 
is an opportunity to get our fiscal house in order to shore up programs 
like Social Security and Medicare for the next generation.
  Unfortunately, the opposition does not seem to see it that way. This 
is the fourth year in a row that the Republican Congress will pay down 
the public debt. That will bring us to half a trillion dollars in paid-
back debt, and we will do it while preserving the Social Security and 
Medicare trust funds 100 percent intact.
  Mr. Speaker, 22 days ago we sent a letter to the President asking him 
to join us in this effort, but he has refused to respond.
  The only thing we have heard on the matter is what the President said 
to the newspapers: ``It depends on what our spending commitments are.''
  In other words, he would rather add billions of dollars in new 
spending than pay down the debt, and that is what Governor Bush means 
when he talks about squandered opportunities.

                          ____________________



               APPROVE COMMONSENSE GUN SAFETY LEGISLATION

  (Mrs. McCARTHY of New York asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Mrs. McCARTHY of New York. Mr. Speaker, the clock is ticking and soon 
the 106th Congress may adjourn without passing common sense gun safety 
legislation. Today, we join people throughout the Nation concerned 
about young people and gun violence.
  Earlier this week, I joined the gentleman from Missouri (Mr. 
Gephardt), the minority leader, and the gentleman from Michigan (Mr. 
Conyers) in calling on the gentleman from Illinois (Speaker Hastert) to 
use his influence to complete work on the stalled Juvenile Justice 
Conference.
  With the help of the gentleman from Illinois (Speaker Hastert), we 
can jumpstart the conference to approve child safety locks, to close 
the gun show loophole and to ban high-capacity ammunition clips. I am 
pleased that Senator John McCain has endorsed closing the gun show 
loophole.
  Governor Pataki has already brought common sense gun laws to my home 
State of New York. We need to bring similar legislation to all 50 
States. Is there grassroots support for this legislation? You bet.
  The Million Mom March demonstrated that people across the Nation want 
to make their communities safe from gun violence. Just this week, 
college students around the Nation participated in First Monday 2000. I 
am pleased that students from Long Island's Hofstra University 
participated in this grassroots educational issue.
  To date, the gun lobby has prevented the Congress from approving 
national gun safety legislation. We do not have to repeat the past. I 
ask the gentleman from Illinois (Speaker Hastert) to consider this.

                          ____________________



                DEBT REDUCTION STILL BEING HELD HOSTAGE

  (Mr. HERGER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. HERGER. Mr. Speaker, today is day 23 of the debt reduction held 
hostage by the Clinton-Gore administration. It has been 23 days since 
Congress proposed to lock away 100 percent of the Social Security and 
Medicare surpluses and dedicate at least 90 percent

[[Page 21014]]

of the total budget surplus for debt reduction, but still no answer 
from the Clinton-Gore administration.
  There will be an estimated $268 billion surplus this fiscal year 
alone. Our question is simple: Should it be used to pay off our public 
debt, or should it be spent on ongoing Federal programs? Republicans 
are for using the surplus to pay off public debt.
  Where do President Clinton and Vice President Gore stand?
  Mr. Speaker, I urge the President and the Vice President to put debt 
reduction ahead of spending and agree to our 90-10 debt reduction 
proposal.

                          ____________________



                   VIOLENCE AGAINST WOMEN ACT OF 2000

  (Mrs. CHRISTENSEN asked and was given permission to address the House 
for 1 minute.)
  Mrs. CHRISTENSEN. Mr. Speaker, the women in my district and women all 
across this country need to have the Violence Against Women Act of 2000 
reauthorized.
  The act was first passed in 1994 and has been a lifeline to women who 
are victims of violence. The current act would go even further by 
improving existing provisions and adding new ones, such as dating 
violence, the provision of transitional housing, the creation of 
supervised visitation and exchange programs for children, and expanding 
services to reach the elderly and previously underserved populations.
  The new reauthorization was passed by this body on September 26, but 
it remains a top priority, because the other body has yet to pass it.
  Mr. Speaker, the Women's Coalition of St. Croix, the Women's Resource 
Center in St. Thomas, and the Safety Zone in St. John are depending on 
us, the women and the families they care for, especially their children 
who also become victims and have a high risk of themselves becoming 
perpetrators, are depending on us.
  I join the other distinguished women of the House and all of my 415 
colleagues who voted for its passage in calling on the Senate to do the 
same and give us a Violence Against Women Act before we adjourn.

                          ____________________



                ANOTHER INVITATION FOR DEBT ELIMINATION

  (Mr. GIBBONS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GIBBONS. Mr. Speaker, as you heard my colleague, the gentleman 
from California (Mr. Herger), say, it has been 23 days since this 
Congress asked the President to join us in dedicating 90 percent of 
next year's surpluses to paying off the debt; and once again, they 
still have had no response to that request.
  The Clinton-Gore administration made it very clear they have a 
priority on reducing the debt for Third World nations, in distant 
countries away from our shores. Yet they remain silent on this issue of 
debt elimination for our own country, for our own American working men 
and women.
  Under this Republican-led Congress, we have already paid down $350 
billion in debt since 1998, and our plan is to further reduce the debt 
by an additional $240 billion in the year 2001 and completely eliminate 
the debt by 2012, while at the same time preserving and protecting 
Social Security and Medicare.

                              {time}  1015

  Eliminating the public debt is good for the economy and lowers 
interest rates for minor consumers on everything from home mortgages to 
credit cards, saving American families over $5,000 a year.
  Once again, I call upon the President to join me and my colleagues on 
this responsible middle ground to eliminate the public debt and ensure 
a stable future for Americans through generations.

                          ____________________



     URGING CONGRESS TO REAUTHORIZE THE VIOLENCE AGAINST WOMEN ACT

  (Ms. BALDWIN asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. BALDWIN. Mr. Speaker, as we near the end of the 106th Congress, 
there are a few bills that Congress must pass before we go home. To me, 
one of those ``must pass'' bills is the reauthorization of the Violence 
Against Women Act. The House passed VAWA, but the other body has not 
yet acted on the bill. There is no more time to waste. This law must be 
reauthorized this year.
  The program has done so much. Over the past 6 years, VAWA has helped 
millions of women, children, and families who have been victims of 
domestic abuse and sexual assault. This bill is not controversial. The 
leaders in the other body have a choice: they can continue to assist 
victims of domestic violence and sexual assault, or they can turn their 
backs on them.
  To turn their backs when they know that VAWA is working would be 
unconscionable. VAWA must reach the President's desk before Congress 
adjourns.

                          ____________________



             AMERICA NEEDS INTEGRITY IN THE ADMINISTRATION

  (Mr. GARY MILLER of California asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. GARY MILLER of California. Mr. Speaker, guess who made this 
claim: I have been a part of the discussions on the Strategic Petroleum 
Reserve since the day it was first established.
  That boast was made a few days ago by Al Gore, who was not even 
elected to Congress until 2 years after the Strategic Petroleum Reserve 
was established. He took credit for it, but he was not even in Congress 
when it happened.
  Two days ago in the Presidential debates, Gore claimed that he was at 
a Florida high school when a student had to stand in class because the 
classroom was so overcrowded.
  The principal of that school laughed when he heard the claim and 
said, ``We have never allowed a student to stand in the back of a 
classroom or to stand in a classroom.'' He also added that the 
classroom in question, a science lab, has about $150,000 this year 
alone in new equipment.
  Why does he have to keep making these things up? What drives him to 
take credit for so many things that he clearly had nothing to do with?
  Mr. Gore has a problem with the truth. We need leadership that knows 
the difference between self-serving fantasy and reality. Our country is 
hungry for integrity.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Simpson). Members are reminded not to 
make personal references to the Vice President.

                          ____________________



           ASKING MEMBERS TO SUPPORT THE AMBER ALERT PROGRAM

  (Mr. LAMPSON asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. LAMPSON. Mr. Speaker, the gentlewoman from New Mexico (Mrs. 
Wilson) introduced a resolution that recognizes the importance of a 
community initiative, a successful and effective way to combat child 
abduction called the Amber Alert Plan.
  The Amber Alert is named after Amber Hagerman, a 9-year-old girl who 
was tragically abducted and murdered in Arlington, Texas, in 1996. The 
tragedy of Amber's case was felt throughout north Texas, and it led to 
a search for new and innovative community responses to help law 
enforcement officials find missing children.
  The Amber Alert is a partnership between broadcasters and law 
enforcement agencies. When law enforcement determines a child is 
missing, they activate the Amber Alert, by notifying area-participating 
radio stations. The stations agree to interrupt their programming and 
broadcast an emergency report, much like an emergency broadcast system. 
Their report gives details, like the description of a child or any

[[Page 21015]]

cars involved. TV stations would broadcast Amber Alert crawlers across 
the front of their screen, which would resemble severe weather 
warnings.
  I unveiled the Amber Alert in my district. Please join me and the 
gentlewoman from New Mexico in our efforts to recover missing children 
and curb abductions as a cosponsor of the bill. The health and safety 
of our children is in Members' hands.

                          ____________________



                     THE DEMOCRAT EDUCATION AGENDA

  (Mr. GEORGE MILLER of California asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, yesterday the minority 
leader, the gentleman from Missouri (Mr. Gephardt), delivered an 
important address outlining the education agenda our party will pursue 
next year under a Democratic Congress. This agenda reflects our 
commitments to take bold action to make public schools strong and 
effective and to add, not replace, the efforts being made at the local 
level.
  I applaud the minority leader, the gentleman from Missouri (Mr. 
Gephardt), for his efforts that began more than a year ago in a series 
of meetings at the Madison Building over dinners and good 
conversations.
  Here is what we as Democrats propose on education: establish a major 
new partnership with States to lower class size and assure that every 
child has a qualified teacher; offer new investments while holding 
schools accountable for the results; make quality preschool available 
to every child; and provide direct grants and tax breaks to upgrade and 
modernize school facilities.
  We have set down our marker. I look forward to working with the then 
Speaker, the gentleman from Missouri (Mr. Gephardt), in a Democratic 
House to move it forward.

                          ____________________



     PASS THE VIOLENCE AGAINST WOMEN ACT BEFORE THE END OF SESSION

  (Ms. WOOLSEY asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. WOOLSEY. Mr. Speaker, the women of America want the other body to 
reauthorize the Violence Against Women Act. This landmark legislation, 
which the House has reauthorized, has saved lives and rescued countless 
women from the vicious cycle of family violence.
  From 1993, when the act was enacted, to 1997, the rate of intimate 
partner violence fell and the number of female victims of intimate 
violence dropped. American women have VAWA, the Violence Against Women 
Act, to thank for these gains.
  But there is so much more that needs to be done. In 1998, three out 
of four victims of intimate-partner homicide were women. The number of 
women killed by an intimate partner increased 8 percent between 1997 
and 1998. Women need VAWA so they can protect themselves and their 
children from domestic violence.
  The Violence Against Women Act saves lives. I urge our colleagues in 
the other body, pass VAWA before the end of this session.

                          ____________________



                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Members should avoid urging action by the 
other body.

                          ____________________



        THE VIOLENCE AGAINST WOMEN ACT MUST BE REAUTHORIZED NOW

  (Ms. SCHAKOWSKY asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Ms. SCHAKOWSKY. Mr. Speaker, October is Domestic Violence Awareness 
Month. It is just unthinkable that we should leave Washington and end 
this session without reauthorizing the Violence Against Women Act.
  Last week, by a powerful 415 to 3, this body overwhelmingly affirmed 
our responsibility to addressing and protecting the needs of all 
victims of domestic violence, stalking, and sexual assault. Every 15 
seconds someone in our country is battered. Every day, four women die 
in this country as a result of domestic violence.
  Every person, woman, man, or child, should feel safe at home and in 
their neighborhoods. We must ensure that all victims, including 
immigrant women, are able to report and flee from domestic violence 
without threats of persecution or deportation.
  We have the opportunity in these remaining days to pass VAWA. We 
should do it now.

                          ____________________



                     TIME FOR CONGRESS TO PASS VAWA

  (Ms. CARSON asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. CARSON. Mr. Speaker, I will follow the Speaker's instructions in 
terms of not admonishing any other entity of the United States 
Congress. I would simply rise today to say that we need to have the 
Violence Against Women Act passed by the Congress and sent to the 
President for his signature.
  Last Wednesday this House unanimously passed VAWA by a vote of 415 to 
3. We must urge anyone else who can do that to do that.
  VAWA expired on September 30. On September 30, the light went out on 
justice across this country on behalf of all of the women and children 
who are victims of violence or who are potential victims, including 
immigrant women.
  Without this critical funding, programs serving women and their 
children will cease to exist. This is not a political game. It is the 
lives and well-being of women and children across this country that are 
at stake, that are vulnerable.
  I would urge further consideration of VAWA by the United States 
Congress.

                          ____________________



  ON THE 35TH ANNIVERSARY OF MEDICARE, CONGRESS SHOULD REPAIR GAPS IN 
                                COVERAGE

  (Mr. DEUTSCH asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. DEUTSCH. Mr. Speaker, this year we celebrate the 35th anniversary 
of Medicare. The program has benefited over 93 million Americans since 
it was signed into law on July 30, 1965, by President Johnson.
  Yet, our health care system has changed dramatically since then, with 
medical technology in many ways leading the way, and Medicare has not 
kept pace with that. I am concerned about the widening gap between the 
Medicare program and the cutting edge of medical technology.
  I am concerned because it means that more than 90,000 Medicare-aged 
people in my district cannot gain access to advanced treatment and 
technologies they need. As Congress looks at adjustments to the 
program, we must act now to repair the gaps in Medicare for the next 35 
years of medical innovation.
  Medicare's procedure for adding new technologies to the program 
involve coverage, coding, and payment decisions. Unfortunately, 
problems and delays have occurred at each of these stages. The result 
is that now it can take more than 4\1/2\ years or more to make the 
latest breakthrough treatments available to beneficiaries.
  I believe that Medicare patients have waited long enough for a 
program that gives them access to the advanced medical technologies 
they need. That is why I am pleased to lend full support of H.R. 4395, 
the Medicare Patient Access to Technology Act, a bipartisan bill which 
hopefully we will pass this session, and which will lead to 21st 
century medicine for Medicare beneficiaries.




                          ____________________


[[Page 21016]]

SUPPORT THE PRESIDENT'S REQUEST FOR INCREASED FUNDING FOR THE COMMUNITY 
                    DEVELOPMENT BLOCK GRANT PROGRAM

  (Mr. BROWN of Ohio asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. BROWN of Ohio. Mr. Speaker, I rise today to celebrate the 26th 
anniversary of the Community Development Block Grant Program. This 
program put local development decisions in the hands of those who know 
best, those who live and work in our community.
  This long-term commitment to responsible flexibility has paid off. 
The average housing program leverage is $2.31 for every Federal dollar 
spent.
  Unfortunately, the Republican leadership has chosen to commemorate 26 
years of job creation and increased affordable housing and water 
improvements by stripping the block grant program of $300 million in 
the fiscal year 2001 VA-HUD bill.
  In Lorais, Ohio, a community in my district struggling with the loss 
of industry and experiencing rents as much as 50 percent of income, 
these cuts translate into a loss of jobs, jobs that would have been 
created next year through construction projects, small business 
developments, and retraining programs.
  This program is simple, it is effective, it is efficient. Communities 
in northeast Ohio and across the country are depending on it. Proposed 
2001 funding levels will, unfortunately, hang them out to dry.
  I urge my colleagues to continue our commitment to improving people's 
quality of life. Let us support the President's request and increase 
funding for the Community Development Block Grant Program.

                          ____________________



                 RYAN WHITE CARE ACT AMENDMENTS OF 2000

  Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call 
up House Resolution 611 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 611

       Resolved, That upon the adoption of this resolution it 
     shall be in order without intervention of any point of order 
     to consider in the House the bill (S. 2311) to revise and 
     extend the Ryan White CARE Act programs under title XXVI of 
     the Public Health Service Act, to improve access to health 
     care and the quality of care under such programs, and to 
     provide for the development of increased capacity to provide 
     health care and related support services to individuals and 
     families with HIV disease, and for other purposes. The bill 
     shall be considered as read for amendment. The amendment in 
     the nature of a substitute printed in the Congressional 
     Record and numbered 1 pursuant to clause 8 of rule XVIII 
     shall be considered as adopted. The previous question shall 
     be considered as ordered on the bill, as amended, to final 
     passage without intervening motion except: (1) one hour of 
     debate on the bill, as amended, equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Commerce; and (2) one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is 
recognized for 1 hour.
  Mr. GOSS. Mr. Speaker, for purposes of debate only, I am pleased to 
yield the customary 30 minutes to my friend, the distinguished 
gentleman from Ohio (Mr. Hall), pending which I yield myself such time 
as I may consume. During consideration of this resolution, all time 
yielded is for purposes of debate only.
  Mr. Speaker, this is a fair and straightforward closed rule for a 
very important piece of legislation. The rule waives all points of 
order against consideration of the bill and provides that the amendment 
in the nature of a substitute printed in the Congressional Record shall 
be considered as adopted.

                              {time}  1030

  This is largely a noncontroversial bill. As no members of the 
minority testified differently last night at the Committee on Rules, 
this rule should receive unanimous support, and I urge support.
  This reauthorization of the Ryan White CARE Act recognizes the 
changing demographics of the AIDS epidemic in our country in a way that 
truly honors the memory of the courageous young boy for which the bill 
was originally named. Today, there are between 800,000 and 900,000 
persons living with HIV in the United States of America with some 
40,000 new infections annually. This conference report seeks to shift 
resources to the most needy areas while preserving the best features of 
the current programs.
  The gentleman from Virginia (Chairman Bliley) should be commended for 
his leadership and attention to this critical public health issue which 
is of concern to every Member of this body. I am hopeful that the 
progress made on this authorization will spur funding for another 
essential program for individuals afflicted with the HIV virus.
  As my colleagues remember and well know, this House led the way and 
adopted the Ricky Ray Authorization Act in the last Congress. It 
authorized $750 million for compassion assistance and recognition to 
hemophiliacs who contracted AIDS through no fault of their own because 
of contaminated blood products in the 1980s.
  Now, the first installment was provided last year, and this year the 
gentleman from Florida (Chairman Young) of the Committee on 
Appropriations should be commended for exceeding the President's 
request in the House version of the Fiscal Year 2001 Labor-HHS 
appropriation bill for the next installment.
  As negotiations continue and we near the end of this Congress, I am 
hopeful that the White House will become fully engaged on the Ricky Ray 
funding problem and work with leadership and Congress to provide full 
funding for these victims as soon as humanly possible. The need is 
great and the time is now.
  I am confident that, if the White House shows true leadership and 
demonstrates that this problem is really a top priority for them, we 
will be able to move further toward full funding this year. Obviously 
we cannot undo the tragic events of the 1980s, but we can work to 
provide assistance to these individuals before it is any later.
  Mr. Speaker, this rule should engender little debate. It is a fair 
rule for a good bill. I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Ohio. Mr. Speaker, I want to thank the gentleman from 
Florida (Mr. Goss) for yielding me the time.
  Mr. Speaker, this is a closed rule. It will allow for the 
consideration of S. 2311, which is called the Ryan White CARE Act 
Amendments of 2000. As the gentleman from Florida has described, this 
rule provides for 1 hour of general debate to be equally divided and 
controlled by the chairman and ranking minority member of the Committee 
on Commerce. Under this closed rule, no amendments can be offered on 
the House floor.
  In 1990, Congress passed the Ryan White Comprehensive AIDS Resources 
Emergency Act. It was known as the Ryan White CARE Act. This law 
created programs to help Americans with AIDS and HIV, the virus that 
causes AIDS, and to slow the spread of HIV.
  These programs expired October 1. The bill we are considering will 
reauthorize and strengthen the Ryan White CARE Act programs by 
expanding access, improving quality, and providing additional services. 
Some of the changes will help target health care services to the people 
who need it the most but who can least afford it.
  Women, children, infants and youth with HIV will especially benefit 
from this bill as will low-income individuals and families. AIDS 
possesses one of the greatest health challenges of our generation, and 
there is no way to avoid its tragic grip. However, an active role by 
the Federal government can, in my opinion, ease the tragedy by reducing 
the number of new HIV cases and by supporting victims and their 
families.
  The Ryan White CARE Act has worked. The Federal funds spent under 
this law have saved lives and reduced suffering. These are dollars that 
could not have been better spent. For example, between 1994 and 1999, 
pediatric AIDS cases declined by nearly 80 percent largely because of 
these programs funded by the Federal Government under this Act.

[[Page 21017]]

  I would like to point out to my colleague that this act offers a 
framework that we should apply to tackling other tragic diseases, such 
as childhood cancer. I hope that Congress will learn from the success 
of this act.
  This legislation extending the Ryan White CARE Act represents our 
best response to dealing with AIDS and its consequences. The bill we 
are considering is a compromise between the previously passed House and 
Senate versions. The Senate version passed by unanimous consent. The 
House version passed by a voice vote under suspension of the rules. I 
am proud to be a cosponsor of this House version.
  Because there is general agreement between the House and Senate, 
there is no need for a formal conference committee.
  I urge my colleagues to vote for the rule and for the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOSS. Mr. Speaker, I advise that we have no speakers lined up, 
and I would be prepared to yield back if the gentleman from Ohio (Mr. 
Hall) has no speakers.
  Mr. HALL of Ohio. Mr. Speaker, I yield back the balance of my time.
  Mr. GOSS. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  Mr. COBURN. Mr. Speaker, pursuant to House Resolution 611, I call up 
the Senate bill (S. 2311) to revise and extend the Ryan White CARE Act 
programs under title XXVI of the Public Health Service Act, to improve 
access to health care and the quality of care under such programs, and 
to provide for the development of increased capacity to provide health 
care and related support services to individuals and families with HIV 
disease, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution 
611, the Senate bill is considered read for amendment.
  The text of S. 2311 is as follows:

                                S. 2311

       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 ``Ryan White CARE Act 
     Amendments of 2000''.

     SEC. 2. REFERENCES; TABLE OF CONTENTS.

       (a) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Public Health Service Act 
     (42 U.S.C. 201 et seq.).
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. References; table of contents.

             TITLE I--AMENDMENTS TO HIV HEALTH CARE PROGRAM

  Subtitle A--Purpose; Amendments to Part A (Emergency Relief Grants)

Sec. 101. Duties of planning council, funding priorities, quality 
              assessment.
Sec. 102. Quality management.
Sec. 103. Funded entities required to have health care relationships.
Sec. 104. Support services required to be health care-related.
Sec. 105. Use of grant funds for early intervention services.
Sec. 106. Replacement of specified fiscal years regarding the sunset on 
              expedited distribution requirement.
Sec. 107. Hold harmless provision.
Sec. 108. Set-aside for infants, children, and women.

         Subtitle B--Amendments to Part B (Care Grant Program)

Sec. 121. State requirements concerning identification of need and 
              allocation of resources.
Sec. 122. Quality management.
Sec. 123. Funded entities required to have health care referral 
              relationships.
Sec. 124. Support services required to be health care-related.
Sec. 125. Use of grant funds for early intervention services.
Sec. 126. Authorization of appropriations for HIV-related services for 
              women and children.
Sec. 127. Repeal of requirement for completed Institute of Medicine 
              report.
Sec. 130. Supplement grants for certain States.
Sec. 131. Use of treatment funds.
Sec. 132. Increase in minimum allotment.
Sec. 133. Set-aside for infants, children, and women.

     Subtitle C--Amendments to Part C (Early Intervention Services)

Sec. 141. Amendment of heading; repeal of formula grant program.
Sec. 142. Planning and development grants.
Sec. 143. Authorization of appropriations for categorical grants.
Sec. 144. Administrative expenses ceiling; quality management program.
Sec. 145. Preference for certain areas.

         Subtitle D--Amendments to Part D (General Provisions)

Sec. 151. Research involving women, infants, children, and youth.
Sec. 152. Limitation on administrative expenses.
Sec. 153. Evaluations and reports.
Sec. 154. Authorization of appropriations for grants under parts A and 
              B.

     Subtitle E--Amendments to Part F (Demonstration and Training)

Sec. 161. Authorization of appropriations.

                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Institute of Medicine study.

             TITLE I--AMENDMENTS TO HIV HEALTH CARE PROGRAM

  Subtitle A--Purpose; Amendments to Part A (Emergency Relief Grants)

     SEC. 101. DUTIES OF PLANNING COUNCIL, FUNDING PRIORITIES, 
                   QUALITY ASSESSMENT.

       Section 2602 (42 U.S.C. 300ff-12) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(C), by inserting before the semicolon 
     the following: ``, including providers of housing and 
     homeless services''; and
       (B) in paragraph (4), by striking ``shall--'' and all that 
     follows and inserting ``shall have the responsibilities 
     specified in subsection (d).''; and
       (2) by adding at the end the following:
       ``(d) Duties of Planning Council.--The planning council 
     established under subsection (b) shall have the following 
     duties:
       ``(1) Priorities for allocation of funds.--The council 
     shall establish priorities for the allocation of funds within 
     the eligible area, including how best to meet each such 
     priority and additional factors that a grantee should 
     consider in allocating funds under a grant, based on the 
     following factors:
       ``(A) The size and demographic characteristics of the 
     population with HIV disease to be served, including, subject 
     to subsection (e), the needs of individuals living with HIV 
     infection who are not receiving HIV-related health services.
       ``(B) The documented needs of the population with HIV 
     disease with particular attention being given to disparities 
     in health services among affected subgroups within the 
     eligible area.
       ``(C) The demonstrated or probable cost and outcome 
     effectiveness of proposed strategies and interventions, to 
     the extent that data are reasonably available.
       ``(D) Priorities of the communities with HIV disease for 
     whom the services are intended.
       ``(E) The availability of other governmental and non-
     governmental resources, including the State medicaid plan 
     under title XIX of the Social Security Act and the State 
     Children's Health Insurance Program under title XXI of such 
     Act to cover health care costs of eligible individuals and 
     families with HIV disease.
       ``(F) Capacity development needs resulting from gaps in the 
     availability of HIV services in historically underserved low-
     income communities.
       ``(2) Comprehensive service delivery plan.--The council 
     shall develop a comprehensive plan for the organization and 
     delivery of health and support services described in section 
     2604. Such plan shall be compatible with any existing State 
     or local plans regarding the provision of such services to 
     individuals with HIV disease.
       ``(3) Assessment of fund allocation efficiency.--The 
     council shall assess the efficiency of the administrative 
     mechanism in rapidly allocating funds to the areas of 
     greatest need within the eligible area.
       ``(4) Statewide statement of need.--The council shall 
     participate in the development of the Statewide coordinated 
     statement of need as initiated by the State public health 
     agency responsible for administering grants under part B.
       ``(5) Coordination with other federal grantees.--The 
     council shall coordinate with Federal grantees providing HIV-
     related services within the eligible area.
       ``(6) Community participation.--The council shall establish 
     methods for obtaining input on community needs and priorities 
     which may include public meetings, conducting focus groups, 
     and convening ad-hoc panels.
       ``(e) Process for Establishing Allocation Priorities.--
       ``(1) In general.--Not later than 24 months after the date 
     of enactment of the Ryan

[[Page 21018]]

     White CARE Act Amendments of 2000, the Secretary shall--
       ``(A) consult with eligible metropolitan areas, affected 
     communities, experts, and other appropriate individuals and 
     entities, to develop epidemiologic measures for establishing 
     the number of individuals living with HIV disease who are not 
     receiving HIV-related health services; and
       ``(B) provide advice and technical assistance to planning 
     councils with respect to the process for establishing 
     priorities for the allocation of funds under subsection 
     (d)(1).
       ``(2) Exception.--Grantees under subsection (d)(1)(A) shall 
     not be required to establish priorities for individuals not 
     in care until epidemiologic measures are developed under 
     paragraph (1).''.

     SEC. 102. QUALITY MANAGEMENT.

       (a) Funds Available for Quality Management.--Section 2604 
     (42 U.S.C. 300ff-14) is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Quality Management.--
       ``(1) Requirement.--The chief elected official of an 
     eligible area that receives a grant under this part shall 
     provide for the establishment of a quality management program 
     to assess the extent to which medical services provided to 
     patients under the grant are consistent with the most recent 
     Public Health Service guidelines for the treatment of HIV 
     disease and related opportunistic infection and to develop 
     strategies for improvements in the access to and quality of 
     medical services.
       ``(2) Use of funds.--From amounts received under a grant 
     awarded under this part, the chief elected official of an 
     eligible area may use, for activities associated with its 
     quality management program, not more than the lesser of--
       ``(A) 5 percent of amounts received under the grant; or
       ``(B) $3,000,000.''.
       (b) Quality Management Required for Eligibility for 
     Grants.--Section 2605(a) (42 U.S.C. 300ff-15(a)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) that the chief elected official of the eligible area 
     will satisfy all requirements under section 2604(c);''.

     SEC. 103. FUNDED ENTITIES REQUIRED TO HAVE HEALTH CARE 
                   RELATIONSHIPS.

       (a) Use of Amounts.--Section 2604(e)(1) (42 U.S.C. 300ff-
     14(d)(1)) (as so redesignated by section 102(a)) is amended 
     by inserting ``and the State Children's Health Insurance 
     Program under title XXI of such Act'' after ``Social Security 
     Act''.
       (b) Applications.--Section 2605(a) (42 U.S.C. 300ff-15(a)) 
     is amended by inserting after paragraph (3), as added by 
     section 102(b), the following:
       ``(4) that funded entities within the eligible area that 
     receive funds under a grant under section 2601(a) shall 
     maintain appropriate relationships with entities in the area 
     served that constitute key points of access to the health 
     care system for individuals with HIV disease (including 
     emergency rooms, substance abuse treatment programs, 
     detoxification centers, adult and juvenile detention 
     facilities, sexually transmitted disease clinics, HIV 
     counseling and testing sites, and homeless shelters) and 
     other entities under section 2652(a) for the purpose of 
     facilitating early intervention for individuals newly 
     diagnosed with HIV disease and individuals knowledgeable of 
     their status but not in care;''.

     SEC. 104. SUPPORT SERVICES REQUIRED TO BE HEALTH CARE-
                   RELATED.

       (a) In General.--Section 2604(b)(1) (42 U.S.C. 300ff-
     14(b)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``HIV-related--'' and inserting ``HIV-related services, as 
     follows:'';
       (2) in subparagraph (A)--
       (A) by striking ``outpatient'' and all that follows through 
     ``substance abuse treatment and'' and inserting the 
     following: ``Outpatient health services.--Outpatient and 
     ambulatory health services, including substance abuse 
     treatment,''; and
       (B) by striking ``; and'' and inserting a period;
       (3) in subparagraph (B), by striking ``(B) inpatient case 
     management'' and inserting ``(C) Inpatient case management 
     services.--Inpatient case management''; and
       (4) by inserting after subparagraph (A) the following:
       ``(B) Outpatient support services.--Outpatient and 
     ambulatory support services (including case management), to 
     the extent that such services facilitate, enhance, support, 
     or sustain the delivery, continuity, or benefits of health 
     services for individuals and families with HIV disease.''.
       (b) Conforming Amendment to Application Requirements.--
     Section 2605(a) (42 U.S.C. 300ff-15(a)), as amended by 
     section 102(b), is further amended--
       (1) in paragraph (6) (as so redesignated), by striking 
     ``and'' at the end thereof;
       (2) in paragraph (7) (as so redesignated), by striking the 
     period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) that the eligible area has procedures in place to 
     ensure that services provided with funds received under this 
     part meet the criteria specified in section 2604(b)(1).''.

     SEC. 105. USE OF GRANT FUNDS FOR EARLY INTERVENTION SERVICES.

       (a) In General.--Section 2604(b)(1) (42 U.S.C. 300ff-
     14(b)(1)), as amended by section 104(a), is further amended 
     by adding at the end the following:
       ``(D) Early intervention services.--Early intervention 
     services as described in section 2651(b)(2), with follow-
     through referral, provided for the purpose of facilitating 
     the access of individuals receiving the services to HIV-
     related health services, but only if the entity providing 
     such services--
       ``(i)(I) is receiving funds under subparagraph (A) or (C); 
     or
       ``(II) is an entity constituting a point of access to 
     services, as described in paragraph (2)(C), that maintains a 
     relationship with an entity described in subclause (I) and 
     that is serving individuals at elevated risk of HIV disease; 
     and
       ``(ii) demonstrates to the satisfaction of the chief 
     elected official that no other Federal, State, or local funds 
     are available for the early intervention services the entity 
     will provide with funds received under this paragraph.''.
       (b) Conforming Amendments to Application Requirements.--
     Section 2605(a)(1) (42 U.S.C. 300ff-15(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``services to 
     individuals with HIV disease'' and inserting ``services as 
     described in section 2604(b)(1)''; and
       (2) in subparagraph (B), by striking ``services for 
     individuals with HIV disease'' and inserting ``services as 
     described in section 2604(b)(1)''.

     SEC. 106. REPLACEMENT OF SPECIFIED FISCAL YEARS REGARDING THE 
                   SUNSET ON EXPEDITED DISTRIBUTION REQUIREMENTS.

       Section 2603(a)(2) (42 U.S.C. 300ff-13(a)(2)) is amended by 
     striking ``for each of the fiscal years 1996 through 2000'' 
     and inserting ``for a fiscal year''.

     SEC. 107. HOLD HARMLESS PROVISION.

       Section 2603(a)(4) (42 U.S.C. 300ff-13(a)(4)) is amended to 
     read as follows:
       ``(4) Limitations.--
       ``(A) In general.--With respect to each of fiscal years 
     2001 through 2005, the Secretary shall ensure that the amount 
     of a grant made to an eligible area under paragraph (2) for 
     such a fiscal year is not less than an amount equal to 98 
     percent of the amount the eligible area received for the 
     fiscal year preceding the year for which the determination is 
     being made.
       ``(B) Application of provision.--Subparagraph (A) shall 
     only apply with respect to those eligible areas receiving a 
     grant under paragraph (2) for fiscal year 2000 in an amount 
     that has been adjusted in accordance with paragraph (4) of 
     this subsection (as in effect on the day before the date of 
     enactment of the Ryan White CARE Act Amendments of 2000).''.

     SEC. 108. SET-ASIDE FOR INFANTS, CHILDREN, AND WOMEN.

       Section 2604(b)(3) (42 U.S.C. 300ff-14(b)(3)) is amended--
       (1) by inserting ``for each population under this 
     subsection'' after ``established priorities''; and
       (2) by striking ``ratio of the'' and inserting ``ratio of 
     each''.

         Subtitle B--Amendments to Part B (Care Grant Program)

     SEC. 121. STATE REQUIREMENTS CONCERNING IDENTIFICATION OF 
                   NEED AND ALLOCATION OF RESOURCES.

       (a) General Use of Grants.--Section 2612 (42 U.S.C. 300ff-
     22) is amended--
       (1) by striking ``A State'' and inserting ``(a) In 
     General.--A State''; and
       (2) in the matter following paragraph (5)--
       (A) by striking ``paragraph (2)'' and inserting 
     ``subsection (a)(2) and section 2613'';
       (b) Application.--Section 2617(b) (42 U.S.C. 300ff-27(b)) 
     is amended--
       (1) in paragraph (1)(C)--
       (A) by striking clause (i) and inserting the following:
       ``(i) the size and demographic characteristics of the 
     population with HIV disease to be served, except that by not 
     later than October 1, 2002, the State shall take into account 
     the needs of individuals not in care, based on epidemiologic 
     measures developed by the Secretary in consultation with the 
     State, affected communities, experts, and other appropriate 
     individuals (such State shall not be required to establish 
     priorities for individuals not in care until such 
     epidemiologic measures are developed);'';
       (B) in clause (iii), by striking ``and'' at the end; and
       (C) by adding at the end the following:
       ``(v) the availability of other governmental and non-
     governmental resources;
       ``(vi) the capacity development needs resulting in gaps in 
     the provision of HIV services in historically underserved 
     low-income and rural low-income communities; and
       ``(vii) the efficiency of the administrative mechanism in 
     rapidly allocating funds to the areas of greatest need within 
     the State;''; and
       (2) in paragraph (2)--

[[Page 21019]]

       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (F); 
     and
       (C) by inserting after subparagraph (B), the following:
       ``(C) an assurance that capacity development needs 
     resulting from gaps in the provision of services in 
     underserved low-income and rural low-income communities will 
     be addressed; and
       ``(D) with respect to fiscal year 2003 and subsequent 
     fiscal years, assurances that, in the planning and allocation 
     of resources, the State, through systems of HIV-related 
     health services provided under paragraphs (1), (2), and (3) 
     of section 2612(a), will make appropriate provision for the 
     HIV-related health and support service needs of individuals 
     who have been diagnosed with HIV disease but who are not 
     currently receiving such services, based on the epidemiologic 
     measures developed under paragraph (1)(C)(i);''.

     SEC. 122. QUALITY MANAGEMENT.

       (a) State Requirement for Quality Management.--Section 
     2617(b)(4) (42 U.S.C. 300ff-27(b)(4)) is amended--
       (1) by striking subparagraph (C) and inserting the 
     following:
       ``(C) the State will provide for--
       ``(i) the establishment of a quality management program to 
     assess the extent to which medical services provided to 
     patients under the grant are consistent with the most recent 
     Public Health Service guidelines for the treatment of HIV 
     disease and related opportunistic infections and to develop 
     strategies for improvements in the access to and quality of 
     medical services; and
       ``(ii) a periodic review (such as through an independent 
     peer review) to assess the quality and appropriateness of 
     HIV-related health and support services provided by entities 
     that receive funds from the State under this part;'';
       (2) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively;
       (3) by inserting after subparagraph (D), the following:
       ``(E) an assurance that the State, through systems of HIV-
     related health services provided under paragraphs (1), (2), 
     and (3) of section 2612(a), has considered strategies for 
     working with providers to make optimal use of financial 
     assistance under the State medicaid plan under title XIX of 
     the Social Security Act, the State Children's Health 
     Insurance Program under title XXI of such Act, and other 
     Federal grantees that provide HIV-related services, to 
     maximize access to quality HIV-related health and support 
     services;
       (4) in subparagraph (F), as so redesignated, by striking 
     ``and'' at the end; and
       (5) in subparagraph (G), as so redesignated, by striking 
     the period and inserting ``; and''.
       (b) Availability of Funds for Quality Management.--
       (1) Availability of grant funds for planning and 
     evaluation.--Section 2618(c)(3) (42 U.S.C. 300ff-28(c)(3)) is 
     amended by inserting before the period ``, including not more 
     than $3,000,000 for all activities associated with its 
     quality management program''.
       (2) Exception to combined ceiling on planning and 
     administration funds for states with small grants.--Paragraph 
     (6) of section 2618(c) (42 U.S.C. 300ff-28(c)(6)) is amended 
     to read as follows:
       ``(6) Exception for quality management.--Notwithstanding 
     paragraph (5), a State whose grant under this part for a 
     fiscal year does not exceed $1,500,000 may use not to exceed 
     20 percent of the amount of the grant for the purposes 
     described in paragraphs (3) and (4) if--
       ``(A) that portion of such amount in excess of 15 percent 
     of the grant is used for its quality management program; and
       ``(B) the State submits and the Secretary approves a plan 
     (in such form and containing such information as the 
     Secretary may prescribe) for use of funds for its quality 
     management program.''.

     SEC. 123. FUNDED ENTITIES REQUIRED TO HAVE HEALTH CARE 
                   RELATIONSHIPS.

       Section 2617(b)(4) (42 U.S.C. 300ff-27(b)(4)), as amended 
     by section 122(a), is further amended by adding at the end 
     the following:
       ``(H) that funded entities maintain appropriate 
     relationships with entities in the area served that 
     constitute key points of access to the health care system for 
     individuals with HIV disease (including emergency rooms, 
     substance abuse treatment programs, detoxification centers, 
     adult and juvenile detention facilities, sexually transmitted 
     disease clinics, HIV counseling and testing sites, and 
     homeless shelters), and other entities under section 2652(a), 
     for the purpose of facilitating early intervention for 
     individuals newly diagnosed with HIV disease and individuals 
     knowledgeable of their status but not in care.''.

     SEC. 124. SUPPORT SERVICES REQUIRED TO BE HEALTH CARE-
                   RELATED.

       (a) Technical Amendment.--Section 3(c)(2)(A)(iii) of the 
     Ryan White CARE Act Amendments of 1996 (Public Law 104-146) 
     is amended by inserting ``before paragraph (2) as so 
     redesignated'' after ``inserting''.
       (b) Services.--Section 2612(a)(1) (42 U.S.C. 300ff-
     22(a)(1)), as so designated by section 121(a), is amended by 
     striking ``for individuals with HIV disease'' and inserting 
     ``, subject to the conditions and limitations that apply 
     under such section''.
       (c) Conforming Amendment to State Application 
     Requirement.--Section 2617(b)(2) (42 U.S.C. 300ff-27(b)(2)), 
     as amended by section 121(b), is further amended by adding at 
     the end the following:
       ``(F) an assurance that the State has procedures in place 
     to ensure that services provided with funds received under 
     this section meet the criteria specified in section 
     2604(b)(1)(B); and''.

     SEC. 125. USE OF GRANT FUNDS FOR EARLY INTERVENTION SERVICES.

       Section 2612(a) (42 U.S.C. 300ff-22(a)), as amended by 
     section 121, is further amended by adding at the end the 
     following:
       ``(6) Early intervention services.--The State, through 
     systems of HIV-related health services provided under 
     paragraphs (1), (2), and (3) of section 2612(a), may provide 
     early intervention services, as described in section 
     2651(b)(2), with follow-up referral, provided for the purpose 
     of facilitating the access of individuals receiving the 
     services to HIV-related health services, but only if the 
     entity providing such services--
       ``(A)(i) is receiving funds under section 2612(a)(1); or
       ``(ii) is an entity constituting a point of access to 
     services, as described in section 2617(b)(4), that maintains 
     a referral relationship with an entity described in clause 
     (i) and that is serving individuals at elevated risk of HIV 
     disease; and
       ``(B) demonstrates to the State's satisfaction that no 
     other Federal, State, or local funds are available for the 
     early intervention services the entity will provide with 
     funds received under this paragraph.''.

     SEC. 126. AUTHORIZATION OF APPROPRIATIONS FOR HIV-RELATED 
                   SERVICES FOR WOMEN AND CHILDREN.

       Section 2625(c)(2) (42 U.S.C. 300ff-33(c)(2)) is amended by 
     striking ``fiscal years 1996 through 2000'' and inserting 
     ``fiscal years 2001 through 2005''.

     SEC. 127. REPEAL OF REQUIREMENT FOR COMPLETED INSTITUTE OF 
                   MEDICINE REPORT.

       Section 2628 (42 U.S.C. 300ff-36) is repealed.

     SEC. 128. SUPPLEMENT GRANTS FOR CERTAIN STATES.

       Subpart I of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-11 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 2622. SUPPLEMENTAL GRANTS.

       ``(a) In General.--The Secretary shall award supplemental 
     grants to States determined to be eligible under subsection 
     (b) to enable such States to provide comprehensive services 
     of the type described in section 2612(a) to supplement the 
     services otherwise provided by the State under a grant under 
     this subpart in areas within the State that are not eligible 
     to receive grants under part A.
       ``(b) Eligibility.--To be eligible to receive a 
     supplemental grant under subsection (a) a State shall--
       ``(1) be eligible to receive a grant under this subpart; 
     and
       ``(2) demonstrate to the Secretary that there is severe 
     need (as defined for purposes of section 2603(b)(2)(A) for 
     supplemental financial assistance in areas in the State that 
     are not served through grants under part A.
       ``(c) Application.--A State that desires a grant under this 
     section shall, as part of the State application submitted 
     under section 2617, submit a detailed description of the 
     manner in which the State will use amounts received under the 
     grant and of the severity of need. Such description shall 
     include--
       ``(1) a report concerning the dissemination of supplemental 
     funds under this section and the plan for the utilization of 
     such funds;
       ``(2) a demonstration of the existing commitment of local 
     resources, both financial and in-kind;
       ``(3) a demonstration that the State will maintain HIV-
     related activities at a level that is equal to not less than 
     the level of such activities in the State for the 1-year 
     period preceding the fiscal year for which the State is 
     applying to receive a grant under this part;
       ``(4) a demonstration of the ability of the State to 
     utilize such supplemental financial resources in a manner 
     that is immediately responsive and cost effective;
       ``(5) a demonstration that the resources will be allocated 
     in accordance with the local demographic incidence of AIDS 
     including appropriate allocations for services for infants, 
     children, women, and families with HIV disease;
       ``(6) a demonstration of the inclusiveness of the planning 
     process, with particular emphasis on affected communities and 
     individuals with HIV disease; and
       ``(7) a demonstration of the manner in which the proposed 
     services are consistent with local needs assessments and the 
     statewide coordinated statement of need.
       ``(d) Amount Reserved for Emerging Communities.--
       ``(1) In general.--For awarding grants under this section 
     for each fiscal year, the Secretary shall reserve the greater 
     of 50 percent of the amount to be utilized under subsection 
     (e) for such fiscal year or $5,000,000, to be provided to 
     States that contain emerging communities for use in such 
     communities.

[[Page 21020]]

       ``(2) Definition.--In paragraph (1), the term `emerging 
     community' means a metropolitan area--
       ``(A) that is not eligible for a grant under part A; and
       ``(B) for which there has been reported to the Director of 
     the Centers for Disease Control and Prevention a cumulative 
     total of between 1000 and 1999 cases of acquired immune 
     deficiency syndrome for the most recent period of 5 calendar 
     years for which such data are available.
       ``(e) Appropriations.--With respect to each fiscal year 
     beginning with fiscal year 2001, the Secretary, to carry out 
     this section, shall utilize 50 percent of the amount 
     appropriated under section 2677 to carry out part B for such 
     fiscal year that is in excess of the amount appropriated to 
     carry out such part in fiscal year preceding the fiscal year 
     involved.

     SEC. 129. USE OF TREATMENT FUNDS.

       (a) State Duties.--Section 2616(c) (42 U.S.C. 300ff-26(c)) 
     is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``shall--'' and inserting ``shall use funds made available 
     under this section to--'';
       (2) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively and realigning 
     the margins of such subparagraphs appropriately;
       (3) in subparagraph (D) (as so redesignated), by striking 
     ``and'' at the end;
       (4) in subparagraph (E) (as so redesignated), by striking 
     the period and ``; and''; and
       (5) by adding at the end the following:
       ``(F) encourage, support, and enhance adherence to and 
     compliance with treatment regimens, including related medical 
     monitoring.'';
       (6) by striking ``In carrying'' and inserting the 
     following:
       ``(1) In general.--In carrying''; and
       (7) by adding at the end the following:
       ``(2) Limitations.--
       ``(A) In general.--No State shall use funds under paragraph 
     (1)(F) unless the limitations on access to HIV/AIDS 
     therapeutic regimens as defined in subsection (e)(2) are 
     eliminated.
       ``(B) Amount of funding.--No State shall use in excess of 
     10 percent of the amount set-aside for use under this section 
     in any fiscal year to carry out activities under paragraph 
     (1)(F) unless the State demonstrates to the Secretary that 
     such additional services are essential and in no way diminish 
     access to therapeutics.''.
       (b) Supplement Grants.--Section 2616 (42 U.S.C. 300ff-
     26(c)) is amended by adding at the end the following:
       ``(e) Supplemental Grants for the Provision of 
     Treatments.--
       ``(1) In general.--From amounts made available under 
     paragraph (5), the Secretary shall award supplemental grants 
     to States determined to be eligible under paragraph (2) to 
     enable such States to provide access to therapeutics to treat 
     HIV disease as provided by the State under subsection 
     (c)(1)(B) for individuals at or below 200 percent of the 
     Federal poverty line.
       ``(2) Criteria.--The Secretary shall develop criteria for 
     the awarding of grants under paragraph (1) to States that 
     demonstrate a severe need. In determining the criteria for 
     demonstrating State severity of need (as defined for purposes 
     of section 2603(b)(2)(A)), the Secretary shall consider 
     whether limitation to access exist such that--
       ``(A) the State programs under this section are unable to 
     provide HIV/AIDS therapeutic regimens to all eligible 
     individuals living at or below 200 percent of the Federal 
     poverty line; and
       ``(B) the State programs under this section are unable to 
     provide to all eligible individuals appropriate HIV/AIDS 
     therapeutic regimens as recommended in the most recent 
     Federal treatment guidelines.
       ``(3) State requirement.--The Secretary may not make a 
     grant to a State under this subsection unless the State 
     agrees that--
       ``(A) the State will make available (directly or through 
     donations from public or private entities) non-Federal 
     contributions toward the activities to be carried out under 
     the grant in an amount equal to $1 for each $4 of Federal 
     funds provided in the grant; and
       ``(B) the State will not impose eligibility requirements 
     for services or scope of benefits limitations under 
     subsection (a) that are more restrictive than such 
     requirements in effect as of January 1, 2000.
       ``(4) Use and coordination.--Amounts made available under a 
     grant under this subsection shall only be used by the State 
     to provide AIDS/HIV-related medications. The State shall 
     coordinate the use of such amounts with the amounts otherwise 
     provided under this section in order to maximize drug 
     coverage.
       ``(5) Funding.--
       ``(A) Reservation of amount.--The Secretary may reserve not 
     to exceed 4 percent, but not less than 2 percent, of any 
     amount referred to in section 2618(b)(2)(H) that is 
     appropriated for a fiscal year, to carry out this subsection.
       ``(B) Minimum amount.--In providing grants under this 
     subsection, the Secretary shall ensure that the amount of a 
     grant to a State under this part is not less than the amount 
     the State received under this part in the previous fiscal 
     year, as a result of grants provided under this 
     subsection.''.
       (c) Supplement and not Supplant.--Section 2616 (42 U.S.C. 
     300ff-26(c)), as amended by subsection (b), is further 
     amended by adding at the end the following:
       ``(f) Supplement not Supplant.--Notwithstanding any other 
     provision of law, amounts made available under this section 
     shall be used to supplement and not supplant other funding 
     available to provide treatments of the type that may be 
     provided under this section.''.

     SEC. 130. INCREASE IN MINIMUM ALLOTMENT.

       (a) In General.--Section 2618(b)(1)(A)(i) (42 U.S.C. 300ff-
     28(b)(1)(A)(i)) is amended--
       (1) in subclause (I), by striking ``$100,000'' and 
     inserting ``$200,000''; and
       (2) in subclause (II), by striking ``$250,000'' and 
     inserting ``$500,000''.
       (b) Technical Amendment.--Section 2618(b)(3)(B) (42 U.S.C. 
     300ff-28(b)(3)(B)) is amended by striking ``and the Republic 
     of the Marshall Islands'' and inserting ``, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau''.

     SEC. 131. SET-ASIDE FOR INFANTS, CHILDREN, AND WOMEN.

       Section 2611(b) (42 U.S.C. 300ff-21(b)) is amended--
       (1) by inserting ``for each population under this 
     subsection'' after ``State shall use''; and
       (2) by striking ``ratio of the'' and inserting ``ratio of 
     each''.

     Subtitle C--Amendments to Part C (Early Intervention Services)

     SEC. 141. AMENDMENT OF HEADING; REPEAL OF FORMULA GRANT 
                   PROGRAM.

       (a) Amendment of Heading.--The heading of part C of title 
     XXVI is amended to read as follows:

       ``Part C--Early Intervention and Primary Care Services''.

       (b) Repeal.--Part C of title XXVI (42 U.S.C. 300ff-41 et 
     seq.) is amended--
       (1) by repealing subpart I; and
       (2) by redesignating subparts II and III as subparts I and 
     II.
       (c) Conforming Amendments.--
       (1) Information regarding receipt of services.--Section 
     2661(a) (42 U.S.C. 300ff-61(a)) is amended by striking 
     ``unless--'' and all that follows through ``(2) in the case 
     of'' and inserting ``unless, in the case of''.
       (2) Additional agreements.--Section 2664 (42 U.S.C. 300ff-
     64) is amended--
       (A) in subsection (e)(5), by striking ``2642(b) or'';
       (B) in subsection (f)(2), by striking ``2642(b) or''; and
       (C) by striking subsection (h).

     SEC. 142. PLANNING AND DEVELOPMENT GRANTS.

       (a) Allowing Planning and Development Grant To Expand 
     Ability To Provide Primary Care Services.--Section 2654(c) 
     (42 U.S.C. 300ff-54(c)) is amended--
       (1) in paragraph (1), to read as follows:
       ``(1) In general.--The Secretary may provide planning and 
     development grants to public and nonprofit private entities 
     for the purpose of--
       ``(A) enabling such entities to provide HIV early 
     intervention services; or
       ``(B) assisting such entities to expand the capacity, 
     preparedness, and expertise to deliver primary care services 
     to individuals with HIV disease in underserved low-income 
     communities on the condition that the funds are not used to 
     purchase or improve land or to purchase, construct, or 
     permanently improve (other than minor remodeling) any 
     building or other facility.''; and
       (2) in paragraphs (2) and (3) by striking ``paragraph (1)'' 
     each place that such appears and inserting ``paragraph 
     (1)(A)''.
       (b) Amount; Duration.--Section 2654(c) (42 U.S.C. 300ff-
     54(c)), as amended by subsection (a), is further amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Amount and duration of grants.--
       ``(A) Early intervention services.--A grant under paragraph 
     (1)(A) may be made in an amount not to exceed $50,000.
       ``(B) Capacity development.--
       ``(i) Amount.--A grant under paragraph (1)(B) may be made 
     in an amount not to exceed $150,000.
       ``(ii) Duration.--The total duration of a grant under 
     paragraph (1)(B), including any renewal, may not exceed 3 
     years.''.
       (c) Increase in limitation.--Section 2654(c)(5) (42 U.S.C. 
     300ff-54(c)(5)), as so redesignated by subsection (b), is 
     amended by striking ``1 percent'' and inserting ``5 
     percent''.

     SEC. 143. AUTHORIZATION OF APPROPRIATIONS FOR CATEGORICAL 
                   GRANTS.

       Section 2655 (42 U.S.C. 300ff-55) is amended by striking 
     ``1996'' and all that follows through ``2000'' and inserting 
     ``2001 through 2005''.

     SEC. 144. ADMINISTRATIVE EXPENSES CEILING; QUALITY MANAGEMENT 
                   PROGRAM.

       Section 2664(g) (42 U.S.C. 300ff-64(g)) is amended--
       (1) in paragraph (3), to read as follows:
       ``(3) the applicant will not expend more than 10 percent of 
     the grant for costs of administrative activities with respect 
     to the grant;'';
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and

[[Page 21021]]

       (3) by adding at the end the following:
       ``(5) the applicant will provide for the establishment of a 
     quality management program to assess the extent to which 
     medical services funded under this title that are provided to 
     patients are consistent with the most recent Public Health 
     Service guidelines for the treatment of HIV disease and 
     related opportunistic infections and that improvements in the 
     access to and quality of medical services are addressed.''.

     SEC. 145. PREFERENCE FOR CERTAIN AREAS.

       Section 2651 (42 U.S.C. 300ff-51) is amended by adding at 
     the end the following:
       ``(d) Preference in Awarding Grants.--Beginning in fiscal 
     year 2001, in awarding new grants under this section, the 
     Secretary shall give preference to applicants that will use 
     amounts received under the grant to serve areas that are 
     otherwise not eligible to receive assistance under part A.''.

         Subtitle D--Amendments to Part D (General Provisions)

     SEC. 151. RESEARCH INVOLVING WOMEN, INFANTS, CHILDREN, AND 
                   YOUTH.

       (a) Elimination of Requirement To Enroll Significant 
     Numbers of Women and Children.--Section 2671(b) (42 U.S.C. 
     300ff-71(b)) is amended--
       (1) in paragraph (1), by striking subparagraphs (C) and 
     (D); and
       (2) by striking paragraphs (3) and (4).
       (b) Information and Education.--Section 2671(d) (42 U.S.C. 
     300ff-71(d)) is amended by adding at the end the following:
       ``(4) The applicant will provide individuals with 
     information and education on opportunities to participate in 
     HIV/AIDS-related clinical research.''.
       (c) Quality Management; Administrative Expenses Ceiling.--
     Section 2671(f) (42 U.S.C. 300ff-71(f)) is amended--
       (1) by striking the subsection heading and designation and 
     inserting the following:
       ``(f) Administration.--
       ``(1) Application.--''; and
       (2) by adding at the end the following:
       ``(2) Quality management program.--A grantee under this 
     section shall implement a quality management program.''.
       (d) Coordination.--Section 2671(g) (42 U.S.C. 300ff-71(g)) 
     is amended by adding at the end the following: ``The 
     Secretary acting through the Director of NIH, shall examine 
     the distribution and availability of ongoing and appropriate 
     HIV/AIDS-related research projects to existing sites under 
     this section for purposes of enhancing and expanding 
     voluntary access to HIV-related research, especially within 
     communities that are not reasonably served by such 
     projects.''.
       (e) Authorization of Appropriations.--Section 2671(j) (42 
     U.S.C. 300ff-71(j)) is amended by striking ``fiscal years 
     1996 through 2000'' and inserting ``fiscal years 2001 through 
     2005''.

     SEC. 152. LIMITATION ON ADMINISTRATIVE EXPENSES.

       Section 2671 (42 U.S.C. 300ff-71) is amended--
       (1) by redesignating subsections (i) and (j), as 
     subsections (j) and (k), respectively; and
       (2) by inserting after subsection (h), the following:
       ``(i) Limitation on Administrative Expenses.--
       ``(1) Determination by secretary.--Not later than 12 months 
     after the date of enactment of the Ryan White Care Act 
     Amendments of 2000, the Secretary, in consultation with 
     grantees under this part, shall conduct a review of the 
     administrative, program support, and direct service-related 
     activities that are carried out under this part to ensure 
     that eligible individuals have access to quality, HIV-related 
     health and support services and research opportunities under 
     this part, and to support the provision of such services.
       ``(2) Requirements.--
       ``(A) In general.--Not later than 180 days after the 
     expiration of the 12-month period referred to in paragraph 
     (1) the Secretary, in consultation with grantees under this 
     part, shall determine the relationship between the costs of 
     the activities referred to in paragraph (1) and the access of 
     eligible individuals to the services and research 
     opportunities described in such paragraph.
       ``(B) Limitation.--After a final determination under 
     subparagraph (A), the Secretary may not make a grant under 
     this part unless the grantee complies with such requirements 
     as may be included in such determination.''.

     SEC. 153. EVALUATIONS AND REPORTS.

       Section 2674(c) (42 U.S.C. 399ff-74(c)) is amended by 
     striking ``1991 through 1995'' and inserting ``2001 through 
     2005''.

     SEC. 154. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS UNDER 
                   PARTS A AND B.

       Section 2677 (42 U.S.C. 300ff-77) is amended to read as 
     follows:

     ``SEC. 2677. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated--
       ``(1) such sums as may be necessary to carry out part A for 
     each of the fiscal years 2001 through 2005; and
       ``(2) such sums as may be necessary to carry out part B for 
     each of the fiscal years 2001 through 2005.''.

     Subtitle E--Amendments to Part F (Demonstration and Training)

     SEC. 161. AUTHORIZATION OF APPROPRIATIONS.

       (a) Schools; Centers.--Section 2692(c)(1) (42 U.S.C. 300ff-
     111(c)(1)) is amended by striking ``fiscal years 1996 through 
     2000'' and inserting ``fiscal years 2001 through 2005''.
       (b) Dental Schools.--Section 2692(c)(2) (42 U.S.C. 300ff-
     111(c)(2)) is amended by striking ``fiscal years 1996 through 
     2000'' and inserting ``fiscal years 2001 through 2005''.

                   TITLE II--MISCELLANEOUS PROVISIONS

     SEC. 201. INSTITUTE OF MEDICINE STUDY.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall enter into a contract with the Institute of 
     Medicine for the conduct of a study concerning the 
     appropriate epidemiological measures and their relationship 
     to the financing and delivery of primary care and health-
     related support services for low-income, uninsured, and 
     under-insured individuals with HIV disease.
       (b) Requirements.--
       (1) Completion.--The study under subsection (a) shall be 
     completed not later than 21 months after the date on which 
     the contract referred to in such subsection is entered into.
       (2) Issues to be considered.--The study conducted under 
     subsection (a) shall consider--
       (A) the availability and utility of health outcomes 
     measures and data for HIV primary care and support services 
     and the extent to which those measures and data could be used 
     to measure the quality of such funded services;
       (B) the effectiveness and efficiency of service delivery 
     (including the quality of services, health outcomes, and 
     resource use) within the context of a changing health care 
     and therapeutic environment as well as the changing 
     epidemiology of the epidemic;
       (C) existing and needed epidemiological data and other 
     analytic tools for resource planning and allocation 
     decisions, specifically for estimating severity of need of a 
     community and the relationship to the allocations process; 
     and
       (D) other factors determined to be relevant to assessing an 
     individual's or community's ability to gain and sustain 
     access to quality HIV services.
       (c) Report.--Not later than 90 days after the date on which 
     the study is completed under subsection (a), the Secretary of 
     Health and Human Services shall prepare and submit to the 
     appropriate committees of Congress a report describing the 
     manner in which the conclusions and recommendations of the 
     Institute of Medicine can be addressed and implemented.

  The SPEAKER pro tempore. Pursuant to House Resolution 611, the 
amendment in the nature of a substitute printed in the Congressional 
Record and numbered 1 is considered adopted.
  The text of S. 2311, as amended pursuant to House Resolution 611, is 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ryan White CARE Act 
     Amendments of 2000''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

 TITLE I--EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR SERVICES

           Subtitle A--HIV Health Services Planning Councils

Sec. 101. Membership of councils.
Sec. 102. Duties of councils.
Sec. 103. Open meetings; other additional provisions.

              Subtitle B--Type and Distribution of Grants

Sec. 111. Formula grants.
Sec. 112. Supplemental grants.

                      Subtitle C--Other Provisions

Sec. 121. Use of amounts.
Sec. 122. Application.

                      TITLE II--CARE GRANT PROGRAM

                  Subtitle A--General Grant Provisions

Sec. 201. Priority for women, infants, and children.
Sec. 202. Use of grants.
Sec. 203. Grants to establish HIV care consortia.
Sec. 204. Provision of treatments.
Sec. 205. State application.
Sec. 206. Distribution of funds.
Sec. 207. Supplemental grants for certain States.

Subtitle B--Provisions Concerning Pregnancy and Perinatal Transmission 
                                 of HIV

Sec. 211. Repeals.
Sec. 212. Grants.
Sec. 213. Study by Institute of Medicine.

           Subtitle C--Certain Partner Notification Programs

Sec. 221. Grants for compliant partner notification programs.

                 TITLE III--EARLY INTERVENTION SERVICES

                 Subtitle A--Formula Grants for States

Sec. 301. Repeal of program.

                     Subtitle B--Categorical Grants

Sec. 311. Preferences in making grants.
Sec. 312. Planning and development grants.
Sec. 313. Authorization of appropriations.

[[Page 21022]]

                     Subtitle C--General Provisions

Sec. 321. Provision of certain counseling services.
Sec. 322. Additional required agreements.

                TITLE IV--OTHER PROGRAMS AND ACTIVITIES

 Subtitle A--Certain Programs for Research, Demonstrations, or Training

Sec. 401. Grants for coordinated services and access to research for 
              women, infants, children, and youth.
Sec. 402. AIDS education and training centers.

              Subtitle B--General Provisions in Title XXVI

Sec. 411. Evaluations and reports.
Sec. 412. Data collection through Centers for Disease Control and 
              Prevention.
Sec. 413. Coordination.
Sec. 414. Plan regarding release of prisoners with HIV disease.
Sec. 415. Audits.
Sec. 416. Administrative simplification.
Sec. 417. Authorization of appropriations for parts A and B.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Studies by Institute of Medicine.
Sec. 502. Development of rapid HIV test.
Sec. 503. Technical corrections.

                        TITLE VI--EFFECTIVE DATE

Sec. 601. Effective date.

 TITLE I--EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR SERVICES

           Subtitle A--HIV Health Services Planning Councils

     SEC. 101. MEMBERSHIP OF COUNCILS.

       (a) In General.--Section 2602(b) of the Public Health 
     Service Act (42 U.S.C. 300ff-12(b)) is amended--
       (1) in paragraph (1), by striking ``demographics of the 
     epidemic in the eligible area involved,'' and inserting 
     ``demographics of the population of individuals with HIV 
     disease in the eligible area involved,''; and
       (2) in paragraph (2)--
       (A) in subparagraph (C), by inserting before the semicolon 
     the following: ``, including providers of housing and 
     homeless services'';
       (B) in subparagraph (G), by striking ``or AIDS'';
       (C) in subparagraph (K), by striking ``and'' at the end;
       (D) in subparagraph (L), by striking the period and 
     inserting the following: ``, including but not limited to 
     providers of HIV prevention services; and''; and
       (E) by adding at the end the following subparagraph:
       ``(M) representatives of individuals who formerly were 
     Federal, State, or local prisoners, were released from the 
     custody of the penal system during the preceding 3 years, and 
     had HIV disease as of the date on which the individuals were 
     so released.''.
       (b) Conflicts of Interests.--Section 2602(b)(5) of the 
     Public Health Service Act (42 U.S.C. 300ff-12(b)(5)) is 
     amended by adding at the end the following subparagraph:
       ``(C) Composition of council.--The following applies 
     regarding the membership of a planning council under 
     paragraph (1):
       ``(i) Not less than 33 percent of the council shall be 
     individuals who are receiving HIV-related services pursuant 
     to a grant under section 2601(a), are not officers, 
     employees, or consultants to any entity that receives amounts 
     from such a grant, and do not represent any such entity, and 
     reflect the demographics of the population of individuals 
     with HIV disease as determined under paragraph (4)(A). For 
     purposes of the preceding sentence, an individual shall be 
     considered to be receiving such services if the individual is 
     a parent of, or a caregiver for, a minor child who is 
     receiving such services.
       ``(ii) With respect to membership on the planning council, 
     clause (i) may not be construed as having any effect on 
     entities that receive funds from grants under any of parts B 
     through F but do not receive funds from grants under section 
     2601(a), on officers or employees of such entities, or on 
     individuals who represent such entities.''.

     SEC. 102. DUTIES OF COUNCILS.

       (a) In General.--Section 2602(b)(4) of the Public Health 
     Service Act (42 U.S.C. 300ff-12(b)(4)) is amended--
       (1) by redesignating subparagraphs (A) through (E) as 
     subparagraphs (C) through (G), respectively;
       (2) by inserting before subparagraph (C) (as so 
     redesignated) the following subparagraphs:
       ``(A) determine the size and demographics of the population 
     of individuals with HIV disease;
       ``(B) determine the needs of such population, with 
     particular attention to--
       ``(i) individuals with HIV disease who know their HIV 
     status and are not receiving HIV-related services; and
       ``(ii) disparities in access and services among affected 
     subpopulations and historically underserved communities;'';
       (3) in subparagraph (C) (as so redesignated), by striking 
     clauses (i) through (iv) and inserting the following:
       ``(i) size and demographics of the population of 
     individuals with HIV disease (as determined under 
     subparagraph (A)) and the needs of such population (as 
     determined under subparagraph (B));
       ``(ii) demonstrated (or probable) cost effectiveness and 
     outcome effectiveness of proposed strategies and 
     interventions, to the extent that data are reasonably 
     available;
       ``(iii) priorities of the communities with HIV disease for 
     whom the services are intended;
       ``(iv) coordination in the provision of services to such 
     individuals with programs for HIV prevention and for the 
     prevention and treatment of substance abuse, including 
     programs that provide comprehensive treatment for such abuse;
       ``(v) availability of other governmental and non-
     governmental resources, including the State medicaid plan 
     under title XIX of the Social Security Act and the State 
     Children's Health Insurance Program under title XXI of such 
     Act to cover health care costs of eligible individuals and 
     families with HIV disease; and
       ``(vi) capacity development needs resulting from 
     disparities in the availability of HIV-related services in 
     historically underserved communities;'';
       (4) in subparagraph (D) (as so redesignated), by amending 
     the subparagraph to read as follows:
       ``(D) develop a comprehensive plan for the organization and 
     delivery of health and support services described in section 
     2604 that--
       ``(i) includes a strategy for identifying individuals who 
     know their HIV status and are not receiving such services and 
     for informing the individuals of and enabling the individuals 
     to utilize the services, giving particular attention to 
     eliminating disparities in access and services among affected 
     subpopulations and historically underserved communities, and 
     including discrete goals, a timetable, and an appropriate 
     allocation of funds;
       ``(ii) includes a strategy to coordinate the provision of 
     such services with programs for HIV prevention (including 
     outreach and early intervention) and for the prevention and 
     treatment of substance abuse (including programs that provide 
     comprehensive treatment services for such abuse); and
       ``(iii) is compatible with any State or local plan for the 
     provision of services to individuals with HIV disease;'';
       (5) in subparagraph (F) (as so redesignated), by striking 
     ``and'' at the end;
       (6) in subparagraph (G) (as so redesignated)--
       (A) by striking ``public meetings,'' and inserting ``public 
     meetings (in accordance with paragraph (7)),''; and
       (B) by striking the period and inserting ``; and''; and
       (7) by adding at the end the following subparagraph:
       ``(H) coordinate with Federal grantees that provide HIV-
     related services within the eligible area.''.
       (b) Process for Establishing Allocation Priorities.--
     Section 2602 of the Public Health Service Act (42 U.S.C. 
     300ff-12) is amended by adding at the end the following 
     subsection:
       ``(d) Process for Establishing Allocation Priorities.--
     Promptly after the date of the submission of the report 
     required in section 501(b) of the Ryan White CARE Act 
     Amendments of 2000 (relating to the relationship between 
     epidemiological measures and health care for certain 
     individuals with HIV disease), the Secretary, in consultation 
     with planning councils and entities that receive amounts from 
     grants under section 2601(a) or 2611, shall develop 
     epidemiologic measures--
       ``(1) for establishing the number of individuals living 
     with HIV disease who are not receiving HIV-related health 
     services; and
       ``(2) for carrying out the duties under subsection (b)(4) 
     and section 2617(b).''.
       (c) Training.--Section 2602 of the Public Health Service 
     Act (42 U.S.C. 300ff-12), as amended by subsection (b) of 
     this section, is amended by adding at the end the following 
     subsection:
       ``(e) Training Guidance and Materials.--The Secretary shall 
     provide to each chief elected official receiving a grant 
     under 2601(a) guidelines and materials for training members 
     of the planning council under paragraph (1) regarding the 
     duties of the council.''.
       (d) Conforming Amendment.--Section 2603(c) of the Public 
     Health Service Act (42 U.S.C. 300ff-12(b)) is amended by 
     striking ``section 2602(b)(3)(A)'' and inserting ``section 
     2602(b)(4)(C)''.

     SEC. 103. OPEN MEETINGS; OTHER ADDITIONAL PROVISIONS.

       Section 2602(b) of the Public Health Service Act (42 U.S.C. 
     300ff-12(b)) is amended--
       (1) in paragraph (3), by striking subparagraph (C); and
       (2) by adding at the end the following paragraph:
       ``(7) Public deliberations.--With respect to a planning 
     council under paragraph (1), the following applies:
       ``(A) The council may not be chaired solely by an employee 
     of the grantee under section 2601(a).
       ``(B) In accordance with criteria established by the 
     Secretary:
       ``(i) The meetings of the council shall be open to the 
     public and shall be held only after adequate notice to the 
     public.
       ``(ii) The records, reports, transcripts, minutes, agenda, 
     or other documents which were made available to or prepared 
     for or by the council shall be available for public 
     inspection and copying at a single location.

[[Page 21023]]

       ``(iii) Detailed minutes of each meeting of the council 
     shall be kept. The accuracy of all minutes shall be certified 
     to by the chair of the council.
       ``(iv) This subparagraph does not apply to any disclosure 
     of information of a personal nature that would constitute a 
     clearly unwarranted invasion of personal privacy, including 
     any disclosure of medical information or personnel 
     matters.''.

              Subtitle B--Type and Distribution of Grants

     SEC. 111. FORMULA GRANTS.

       (a) Expedited Distribution.--Section 2603(a)(2) of the 
     Public Health Service Act (42 U.S.C. 300ff-13(a)(2)) is 
     amended in the first sentence by striking ``for each of the 
     fiscal years 1996 through 2000'' and inserting ``for a fiscal 
     year''.
       (b) Amount of Grant; Estimate of Living Cases.--
       (1) In general.--Section 2603(a)(3)) of the Public Health 
     Service Act (42 U.S.C. 300ff-13(a)(3)) is amended--
       (A) in subparagraph (C)(i), by inserting before the 
     semicolon the following: ``, except that (subject to 
     subparagraph (D)), for grants made pursuant to this paragraph 
     for fiscal year 2005 and subsequent fiscal years, the cases 
     counted for each 12-month period beginning on or after July 
     1, 2004, shall be cases of HIV disease (as reported to and 
     confirmed by such Director) rather than cases of acquired 
     immune deficiency syndrome''; and
       (B) in subparagraph (C), in the matter after and below 
     clause (ii)(X)--
       (i) in the first sentence, by inserting before the period 
     the following: ``, and shall be reported to the congressional 
     committees of jurisdiction''; and
       (ii) by adding at the end the following sentence: ``Updates 
     shall as applicable take into account the counting of cases 
     of HIV disease pursuant to clause (i).''.
       (2) Determination of secretary regarding data on hiv 
     cases.--Section 2603(a)(3)) of the Public Health Service Act 
     (42 U.S.C. 300ff-13(a)(3)) is amended--
       (A) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (C) the following 
     subparagraph:
       ``(D) Determination of secretary regarding data on hiv 
     cases.--
       ``(i) In general.--Not later than July 1, 2004, the 
     Secretary shall determine whether there is data on cases of 
     HIV disease from all eligible areas (reported to and 
     confirmed by the Director of the Centers for Disease Control 
     and Prevention) sufficiently accurate and reliable for use 
     for purposes of subparagraph (C)(i). In making such a 
     determination, the Secretary shall take into consideration 
     the findings of the study under section 501(b) of the Ryan 
     White CARE Act Amendments of 2000 (relating to the 
     relationship between epidemiological measures and health care 
     for certain individuals with HIV disease).
       ``(ii) Effect of adverse determination.--If under clause 
     (i) the Secretary determines that data on cases of HIV 
     disease is not sufficiently accurate and reliable for use for 
     purposes of subparagraph (C)(i), then notwithstanding such 
     subparagraph, for any fiscal year prior to fiscal year 2007 
     the references in such subparagraph to cases of HIV disease 
     do not have any legal effect.
       ``(iii) Grants and technical assistance regarding counting 
     of hiv cases.--Of the amounts appropriated under section 318B 
     for a fiscal year, the Secretary shall reserve amounts to 
     make grants and provide technical assistance to States and 
     eligible areas with respect to obtaining data on cases of HIV 
     disease to ensure that data on such cases is available from 
     all States and eligible areas as soon as is practicable but 
     not later than the beginning of fiscal year 2007.''.
       (c) Increases in Grant.--Section 2603(a)(4)) of the Public 
     Health Service Act (42 U.S.C. 300ff-13(a)(4)) is amended to 
     read as follows:
       ``(4) Increases in grant.--
       ``(A) In general.--For each fiscal year in a protection 
     period for an eligible area, the Secretary shall increase the 
     amount of the grant made pursuant to paragraph (2) for the 
     area to ensure that--
       ``(i) for the first fiscal year in the protection period, 
     the grant is not less than 98 percent of the amount of the 
     grant made for the eligible area pursuant to such paragraph 
     for the base year for the protection period;
       ``(ii) for any second fiscal year in such period, the grant 
     is not less than 95 percent of the amount of such base year 
     grant;
       ``(iii) for any third fiscal year in such period, the grant 
     is not less than 92 percent of the amount of the base year 
     grant;
       ``(iv) for any fourth fiscal year in such period, the grant 
     is not less than 89 percent of the amount of the base year 
     grant; and
       ``(v) for any fifth or subsequent fiscal year in such 
     period, if, pursuant to paragraph (3)(D)(ii)), the references 
     in paragraph (3)(C)(i) to HIV disease do not have any legal 
     effect, the grant is not less than 85 percent of the amount 
     of the base year grant.
       ``(B) Special Rule.--If for fiscal year 2005, pursuant to 
     paragraph (3)(D)(ii), data on cases of HIV disease are used 
     for purposes of paragraph (3)(C)(i), the Secretary shall 
     increase the amount of a grant made pursuant to paragraph (2) 
     for an eligible area to ensure that the grant is not less 
     than 98 percent of the amount of the grant made for the area 
     in fiscal year 2004.
       ``(C) Base year; protection period.--With respect to grants 
     made pursuant to paragraph (2) for an eligible area:
       ``(i) The base year for a protection period is the fiscal 
     year preceding the trigger grant-reduction year.
       ``(ii) The first trigger grant-reduction year is the first 
     fiscal year (after fiscal year 2000) for which the grant for 
     the area is less than the grant for the area for the 
     preceding fiscal year.
       ``(iii) A protection period begins with the trigger grant-
     reduction year and continues until the beginning of the first 
     fiscal year for which the amount of the grant determined 
     pursuant to paragraph (2) for the area equals or exceeds the 
     amount of the grant determined under subparagraph (A).
       ``(iv) Any subsequent trigger grant-reduction year is the 
     first fiscal year, after the end of the preceding protection 
     period, for which the amount of the grant is less than the 
     amount of the grant for the preceding fiscal year.''.

     SEC. 112. SUPPLEMENTAL GRANTS.

       (a) In General.--Section 2603(b)(2) of the Public Health 
     Service Act (42 U.S.C. 300ff-13(b)(2)) is amended--
       (1) in the heading for the paragraph, by striking 
     ``Definition'' and inserting ``Amount of grant'';
       (2) by redesignating subparagraphs (A) through (C) as 
     subparagraphs (B) through (D), respectively;
       (3) by inserting before subparagraph (B) (as so 
     redesignated) the following subparagraph:
       ``(A) In general.--The amount of each grant made for 
     purposes of this subsection shall be determined by the 
     Secretary based on a weighting of factors under paragraph 
     (1), with severe need under subparagraph (B) of such 
     paragraph counting one-third.'';
       (4) in subparagraph (B) (as so redesignated)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period and inserting a 
     semicolon; and
       (C) by adding at the end the following clauses:
       ``(iv) the current prevalence of HIV disease;
       ``(v) an increasing need for HIV-related services, 
     including relative rates of increase in the number of cases 
     of HIV disease; and
       ``(vi) unmet need for such services, as determined under 
     section 2602(b)(4).'';
       (5) in subparagraph (C) (as so redesignated)--
       (A) by striking ``subparagraph (A)'' each place such term 
     appears and inserting ``subparagraph (B)'';
       (B) in the second sentence, by striking ``2 years after the 
     date of enactment of this paragraph'' and inserting ``18 
     months after the date of the enactment of the Ryan White CARE 
     Act Amendments of 2000''; and
       (C) by inserting after the second sentence the following 
     sentence: ``Such a mechanism shall be modified to reflect the 
     findings of the study under section 501(b) of the Ryan White 
     CARE Act Amendments of 2000 (relating to the relationship 
     between epidemiological measures and health care for certain 
     individuals with HIV disease).''; and
       (6) in subparagraph (D) (as so redesignated), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)''.
       (b) Requirements for Application.--Section 2603(b)(1)(E) of 
     the Public Health Service Act (42 U.S.C. 300ff-13(b)(1)(E)) 
     is amended by inserting ``youth,'' after ``children,''.
       (c) Technical and Conforming Amendment.--Section 2603(b) of 
     the Public Health Service Act (42 U.S.C. 300ff-13(b)) is 
     amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraph (5) as paragraph (4); and
       (3) in paragraph (4) (as so redesignated), in subparagraph 
     (B), by striking ``grants'' and inserting ``grant''.

                      Subtitle C--Other Provisions

     SEC. 121. USE OF AMOUNTS.

       (a) Primary Purposes.--Section 2604(b)(1) of the Public 
     Health Service Act (42 U.S.C. 300ff-14(b)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``HIV-related--'' and inserting ``HIV-related services, as 
     follows:'';
       (2) in subparagraph (A)--
       (A) by striking ``outpatient'' and all that follows through 
     ``substance abuse treatment and'' and inserting the 
     following: ``Outpatient and ambulatory health services, 
     including substance abuse treatment,''; and
       (B) by striking ``; and'' and inserting a period;
       (3) in subparagraph (B), by striking ``(B) inpatient case 
     management'' and inserting ``(C) Inpatient case management'';
       (4) by inserting after subparagraph (A) the following 
     subparagraph:
       ``(B) Outpatient and ambulatory support services (including 
     case management), to the extent that such services 
     facilitate, enhance, support, or sustain the delivery, 
     continuity, or benefits of health services for individuals 
     and families with HIV disease.''; and
       (5) by adding at the end the following:
       ``(D) Outreach activities that are intended to identify 
     individuals with HIV disease who know their HIV status and 
     are not receiving HIV-related services, and that are--

[[Page 21024]]

       ``(i) necessary to implement the strategy under section 
     2602(b)(4)(D), including activities facilitating the access 
     of such individuals to HIV-related primary care services at 
     entities described in paragraph (3)(A);
       ``(ii) conducted in a manner consistent with the 
     requirements under sections 2605(a)(3) and 2651(b)(2); and
       ``(iii) supplement, and do not supplant, such activities 
     that are carried out with amounts appropriated under section 
     317.''.
       (b) Early Intervention Services.--Section 2604(b) (42 
     U.S.C. 300ff-14(b)) of the Public Health Service Act is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Early intervention services.--
       ``(A) In general.--The purposes for which a grant under 
     section 2601 may be used include providing to individuals 
     with HIV disease early intervention services described in 
     section 2651(b)(2), with follow-up referral provided for the 
     purpose of facilitating the access of individuals receiving 
     the services to HIV-related health services. The entities 
     through which such services may be provided under the grant 
     include public health departments, emergency rooms, substance 
     abuse and mental health treatment programs, detoxification 
     centers, detention facilities, clinics regarding sexually 
     transmitted diseases, homeless shelters, HIV disease 
     counseling and testing sites, health care points of entry 
     specified by eligible areas, federally qualified health 
     centers, and entities described in section 2652(a) that 
     constitute a point of access to services by maintaining 
     referral relationships.
       ``(B) Conditions.--With respect to an entity that proposes 
     to provide early intervention services under subparagraph 
     (A), such subparagraph applies only if the entity 
     demonstrates to the satisfaction of the chief elected 
     official for the eligible area involved that--
       ``(i) Federal, State, or local funds are otherwise 
     inadequate for the early intervention services the entity 
     proposes to provide; and
       ``(ii) the entity will expend funds pursuant to such 
     subparagraph to supplement and not supplant other funds 
     available to the entity for the provision of early 
     intervention services for the fiscal year involved.''.
       (c) Priority for Women, Infants, and Children.--Section 
     2604(b) (42 U.S.C. 300ff-14(b)) of the Public Health Service 
     Act is amended in paragraph (4) (as redesignated by 
     subsection (b)(1) of this section) by amending the paragraph 
     to read as follows:
       ``(4) Priority for women, infants and children.--
       ``(A) In general.--For the purpose of providing health and 
     support services to infants, children, youth, and women with 
     HIV disease, including treatment measures to prevent the 
     perinatal transmission of HIV, the chief elected official of 
     an eligible area, in accordance with the established 
     priorities of the planning council, shall for each of such 
     populations in the eligible area use, from the grants made 
     for the area under section 2601(a) for a fiscal year, not 
     less than the percentage constituted by the ratio of the 
     population involved (infants, children, youth, or women in 
     such area) with acquired immune deficiency syndrome to the 
     general population in such area of individuals with such 
     syndrome.
       ``(B) Waiver.--With respect the population involved, the 
     Secretary may provide to the chief elected official of an 
     eligible area a waiver of the requirement of subparagraph (A) 
     if such official demonstrates to the satisfaction of the 
     Secretary that the population is receiving HIV-related health 
     services through the State medicaid program under title XIX 
     of the Social Security Act, the State children's health 
     insurance program under title XXI of such Act, or other 
     Federal or State programs.''.
       (d) Quality Management.--Section 2604 of the Public Health 
     Service Act (42 U.S.C. 300ff-14) is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Quality Management.--
       ``(1) Requirement.--The chief elected official of an 
     eligible area that receives a grant under this part shall 
     provide for the establishment of a quality management program 
     to assess the extent to which HIV health services provided to 
     patients under the grant are consistent with the most recent 
     Public Health Service guidelines for the treatment of HIV 
     disease and related opportunistic infection, and as 
     applicable, to develop strategies for ensuring that such 
     services are consistent with the guidelines for improvement 
     in the access to and quality of HIV health services.
       ``(2) Use of funds.--From amounts received under a grant 
     awarded under this part for a fiscal year, the chief elected 
     official of an eligible area may (in addition to amounts to 
     which subsection (f)(1) applies) use for activities 
     associated with the quality management program required in 
     paragraph (1) not more than the lesser of--
       ``(A) 5 percent of amounts received under the grant; or
       ``(B) $3,000,000.''.

     SEC. 122. APPLICATION.

       (a) In General.--Section 2605(a) of the Public Health 
     Service Act (42 U.S.C. 300ff-15(a)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (2) the following 
     paragraphs:
       ``(3) that entities within the eligible area that receive 
     funds under a grant under this part will maintain appropriate 
     relationships with entities in the eligible area served that 
     constitute key points of access to the health care system for 
     individuals with HIV disease (including emergency rooms, 
     substance abuse treatment programs, detoxification centers, 
     adult and juvenile detention facilities, sexually transmitted 
     disease clinics, HIV counseling and testing sites, mental 
     health programs, and homeless shelters), and other entities 
     under section 2604(b)(3) and 2652(a), for the purpose of 
     facilitating early intervention for individuals newly 
     diagnosed with HIV disease and individuals knowledgeable of 
     their HIV status but not in care;
       ``(4) that the chief elected official of the eligible area 
     will satisfy all requirements under section 2604(c);''.
       (b) Conforming Amendments.--Section 2605(a) (42 U.S.C. 
     300ff-15(a)(1)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``services to 
     individuals with HIV disease'' and inserting ``services as 
     described in section 2604(b)(1)''; and
       (B) in subparagraph (B), by striking ``services for 
     individuals with HIV disease'' and inserting ``services as 
     described in section 2604(b)(1)'';
       (2) in paragraph (7) (as redesignated by subsection (a)(1) 
     of this section), by striking ``and'' at the end;
       (3) in paragraph (8) (as so redesignated), by striking the 
     period and inserting ``; and''; and
       (4) by adding at the end the following paragraph:
       ``(9) that the eligible area has procedures in place to 
     ensure that services provided with funds received under this 
     part meet the criteria specified in section 2604(b)(1).''.

                      TITLE II--CARE GRANT PROGRAM

                  Subtitle A--General Grant Provisions

     SEC. 201. PRIORITY FOR WOMEN, INFANTS, AND CHILDREN.

       Section 2611(b) of the Public Health Service Act (42 U.S.C. 
     300ff-21(b)) is amended to read as follows:
       ``(b) Priority for Women, Infants and Children.--
       ``(1) In general.--For the purpose of providing health and 
     support services to infants, children, youth, and women with 
     HIV disease, including treatment measures to prevent the 
     perinatal transmission of HIV, a State shall for each of such 
     populations use, of the funds allocated under this part to 
     the State for a fiscal year, not less than the percentage 
     constituted by the ratio of the population involved (infants, 
     children, youth, or women in the State) with acquired immune 
     deficiency syndrome to the general population in the State of 
     individuals with such syndrome.
       ``(2) Waiver.--With respect the population involved, the 
     Secretary may provide to a State a waiver of the requirement 
     of paragraph (1) if the State demonstrates to the 
     satisfaction of the Secretary that the population is 
     receiving HIV-related health services through the State 
     medicaid program under title XIX of the Social Security Act, 
     the State children's health insurance program under title XXI 
     of such Act, or other Federal or State programs.''.

     SEC. 202. USE OF GRANTS.

       Section 2612 of the Public Health Service Act (42 U.S.C. 
     300ff-22) is amended--
       (1) by striking ``A State may use'' and inserting ``(a) In 
     General.--A State may use''; and
       (2) by adding at the end the following subsections:
       ``(b) Support Services; Outreach.--The purposes for which a 
     grant under this part may be used include delivering or 
     enhancing the following:
       ``(1) Outpatient and ambulatory support services under 
     section 2611(a) (including case management) to the extent 
     that such services facilitate, enhance, support, or sustain 
     the delivery, continuity, or benefits of health services for 
     individuals and families with HIV disease.
       ``(2) Outreach activities that are intended to identify 
     individuals with HIV disease who know their HIV status and 
     are not receiving HIV-related services, and that are--
       ``(A) necessary to implement the strategy under section 
     2617(b)(4)(B), including activities facilitating the access 
     of such individuals to HIV-related primary care services at 
     entities described in subsection (c)(1);
       ``(B) conducted in a manner consistent with the requirement 
     under section 2617(b)(6)(G) and 2651(b)(2); and
       ``(C) supplement, and do not supplant, such activities that 
     are carried out with amounts appropriated under section 317.
       ``(c) Early Intervention Services.--
       ``(1) In general.--The purposes for which a grant under 
     this part may be used include providing to individuals with 
     HIV disease

[[Page 21025]]

     early intervention services described in section 2651(b)(2), 
     with follow-up referral provided for the purpose of 
     facilitating the access of individuals receiving the services 
     to HIV-related health services. The entities through which 
     such services may be provided under the grant include public 
     health departments, emergency rooms, substance abuse and 
     mental health treatment programs, detoxification centers, 
     detention facilities, clinics regarding sexually transmitted 
     diseases, homeless shelters, HIV disease counseling and 
     testing sites, health care points of entry specified by 
     States or eligible areas, federally qualified health centers, 
     and entities described in section 2652(a) that constitute a 
     point of access to services by maintaining referral 
     relationships.
       ``(2) Conditions.--With respect to an entity that proposes 
     to provide early intervention services under paragraph (1), 
     such paragraph applies only if the entity demonstrates to the 
     satisfaction of the State involved that--
       ``(A) Federal, State, or local funds are otherwise 
     inadequate for the early intervention services the entity 
     proposes to provide; and
       ``(B) the entity will expend funds pursuant to such 
     paragraph to supplement and not supplant other funds 
     available to the entity for the provision of early 
     intervention services for the fiscal year involved.
       ``(d) Quality Management.--
       ``(1) Requirement.--Each State that receives a grant under 
     this part shall provide for the establishment of a quality 
     management program to assess the extent to which HIV health 
     services provided to patients under the grant are consistent 
     with the most recent Public Health Service guidelines for the 
     treatment of HIV disease and related opportunistic infection, 
     and as applicable, to develop strategies for ensuring that 
     such services are consistent with the guidelines for 
     improvement in the access to and quality of HIV health 
     services.
       ``(2) Use of funds.--From amounts received under a grant 
     awarded under this part for a fiscal year, the State may (in 
     addition to amounts to which section 2618(b)(5) applies) use 
     for activities associated with the quality management program 
     required in paragraph (1) not more than the lesser of--
       ``(A) 5 percent of amounts received under the grant; or
       ``(B) $3,000,000.''.

     SEC. 203. GRANTS TO ESTABLISH HIV CARE CONSORTIA.

       Section 2613 of the Public Health Service Act (42 U.S.C. 
     300ff-23) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (A), by inserting before the semicolon 
     the following: ``, particularly those experiencing 
     disparities in access and services and those who reside in 
     historically underserved communities''; and
       (B) in subparagraph (B), by inserting after ``by such 
     consortium'' the following: ``is consistent with the 
     comprehensive plan under 2617(b)(4) and'';
       (2) in subsection (c)(1)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon at the end;
       (B) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following subparagraph:
       ``(F) demonstrates that adequate planning occurred to 
     address disparities in access and services and historically 
     underserved communities.''; and
       (3) in subsection (c)(2)--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by inserting after subparagraph (C) the following 
     subparagraph:
       ``(D) the types of entities described in section 
     2602(b)(2).''.

     SEC. 204. PROVISION OF TREATMENTS.

       (a) In General.--Section 2616(c) of the Public Health 
     Service Act (42 U.S.C. 300ff-26(c)) is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (3) by inserting after paragraph (5) the following:
       ``(6) encourage, support, and enhance adherence to and 
     compliance with treatment regimens, including related medical 
     monitoring.
     ``Of the amount reserved by a State for a fiscal year for use 
     under this section, the State may not use more than 5 percent 
     to carry out services under paragraph (6), except that the 
     percentage applicable with respect to such paragraph is 10 
     percent if the State demonstrates to the Secretary that such 
     additional services are essential and in no way diminish 
     access to the therapeutics described in subsection (a).''.
       (b) Health Insurance and Plans.--Section 2616 of the Public 
     Health Service Act (42 U.S.C. 300ff-26) is amended by adding 
     at the end the following subsection:
       ``(e) Use of Health Insurance and Plans.--
       ``(1) In general.--In carrying out subsection (a), a State 
     may expend a grant under this part to provide the 
     therapeutics described in such subsection by paying on behalf 
     of individuals with HIV disease the costs of purchasing or 
     maintaining health insurance or plans whose coverage includes 
     a full range of such therapeutics and appropriate primary 
     care services.
       ``(2) Limitation.--The authority established in paragraph 
     (1) applies only to the extent that, for the fiscal year 
     involved, the costs of the health insurance or plans to be 
     purchased or maintained under such paragraph do not exceed 
     the costs of otherwise providing therapeutics described in 
     subsection (a).''.

     SEC. 205. STATE APPLICATION.

       (a) Determination of Size and Needs of Population; 
     Comprehensive Plan.--Section 2617(b) of the Public Health 
     Service Act (42 U.S.C. 300ff-27(b)) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (4) through (6), respectively;
       (2) by inserting after paragraph (1) the following 
     paragraphs:
       ``(2) a determination of the size and demographics of the 
     population of individuals with HIV disease in the State;
       ``(3) a determination of the needs of such population, with 
     particular attention to--
       ``(A) individuals with HIV disease who know their HIV 
     status and are not receiving HIV-related services; and
       ``(B) disparities in access and services among affected 
     subpopulations and historically underserved communities;''; 
     and
       (3) in paragraph (4) (as so redesignated)--
       (A) by striking ``comprehensive plan for the organization'' 
     and inserting ``comprehensive plan that describes the 
     organization'';
       (B) by striking ``, including--'' and inserting ``, and 
     that--'';
       (C) by redesignating subparagraphs (A) through (C) as 
     subparagraphs (D) through (F), respectively;
       (D) by inserting before subparagraph (C) the following 
     subparagraphs:
       ``(A) establishes priorities for the allocation of funds 
     within the State based on--
       ``(i) size and demographics of the population of 
     individuals with HIV disease (as determined under paragraph 
     (2)) and the needs of such population (as determined under 
     paragraph (3));
       ``(ii) availability of other governmental and non-
     governmental resources, including the State medicaid plan 
     under title XIX of the Social Security Act and the State 
     Children's Health Insurance Program under title XXI of such 
     Act to cover health care costs of eligible individuals and 
     families with HIV disease;
       ``(iii) capacity development needs resulting from 
     disparities in the availability of HIV-related services in 
     historically underserved communities and rural communities; 
     and
       ``(iv) the efficiency of the administrative mechanism of 
     the State for rapidly allocating funds to the areas of 
     greatest need within the State;
       ``(B) includes a strategy for identifying individuals who 
     know their HIV status and are not receiving such services and 
     for informing the individuals of and enabling the individuals 
     to utilize the services, giving particular attention to 
     eliminating disparities in access and services among affected 
     subpopulations and historically underserved communities, and 
     including discrete goals, a timetable, and an appropriate 
     allocation of funds;
       ``(C) includes a strategy to coordinate the provision of 
     such services with programs for HIV prevention (including 
     outreach and early intervention) and for the prevention and 
     treatment of substance abuse (including programs that provide 
     comprehensive treatment services for such abuse);'';
       (E) in subparagraph (D) (as redesignated by subparagraph 
     (C) of this paragraph), by inserting ``describes'' before 
     ``the services and activities'';
       (F) in subparagraph (E) (as so redesignated), by inserting 
     ``provides'' before ``a description''; and
       (G) in subparagraph (F) (as so redesignated), by inserting 
     ``provides'' before ``a description''.
       (b) Public Participation.--Section 2617(b) of the Public 
     Health Service Act, as amended by subsection (a) of this 
     section, is amended--
       (1) in paragraph (5), by striking ``HIV'' and inserting 
     ``HIV disease''; and
       (2) in paragraph (6), by amending subparagraph (A) to read 
     as follows:
       ``(A) the public health agency that is administering the 
     grant for the State engages in a public advisory planning 
     process, including public hearings, that includes the 
     participants under paragraph (5), and the types of entities 
     described in section 2602(b)(2), in developing the 
     comprehensive plan under paragraph (4) and commenting on the 
     implementation of such plan;''.
       (c) Health Care Relationships.--Section 2617(b) of the 
     Public Health Service Act, as amended by subsection (a) of 
     this section, is amended in paragraph (6)--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following subparagraph:
       ``(G) entities within areas in which activities under the 
     grant are carried out will maintain appropriate relationships 
     with entities in the area served that constitute key points 
     of access to the health care system for individuals with HIV 
     disease (including emergency rooms, substance abuse treatment 
     programs, detoxification centers, adult and juvenile 
     detention facilities, sexually

[[Page 21026]]

     transmitted disease clinics, HIV counseling and testing 
     sites, mental health programs, and homeless shelters), and 
     other entities under section 2612(c) and 2652(a), for the 
     purpose of facilitating early intervention for individuals 
     newly diagnosed with HIV disease and individuals 
     knowledgeable of their HIV status but not in care.''.

     SEC. 206. DISTRIBUTION OF FUNDS.

       (a) Minimum Allotment.--Section 2618 of the Public Health 
     Service Act (42 U.S.C. 300ff-28) is amended--
       (1) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively; and
       (2) in subsection (a) (as so redesignated), in paragraph 
     (1)(A)(i)--
       (A) in subclause (I), by striking ``$100,000'' and 
     inserting ``$200,000''; and
       (B) in subclause (II), by striking ``$250,000'' and 
     inserting ``$500,000''.
       (b) Amount of Grant; Estimate of Living Cases.--Section 
     2618(a) of the Public Health Service Act (as redesignated by 
     subsection (a)(1) of this section) is amended in paragraph 
     (2)--
       (1) in subparagraph (D)(i), by inserting before the 
     semicolon the following: ``, except that (subject to 
     subparagraph (E)), for grants made pursuant to this paragraph 
     or section 2620 for fiscal year 2005 and subsequent fiscal 
     years, the cases counted for each 12-month period beginning 
     on or after July 1, 2004, shall be cases of HIV disease (as 
     reported to and confirmed by such Director) rather than cases 
     of acquired immune deficiency syndrome'';
       (2) by redesignating subparagraphs (E) through (H) as 
     subparagraphs (F) through (I), respectively; and
       (3) by inserting after subparagraph (D) the following 
     subparagraph:
       ``(E) Determination of secretary regarding data on hiv 
     cases.--If under 2603(a)(3)(D)(i) the Secretary determines 
     that data on cases of HIV disease are not sufficiently 
     accurate and reliable, then notwithstanding subparagraph (D) 
     of this paragraph, for any fiscal year prior to fiscal year 
     2007 the references in such subparagraph to cases of HIV 
     disease do not have any legal effect.''.
       (c) Increases in Formula Amount.--Section 2618(a) of the 
     Public Health Service Act (as redesignated by subsection 
     (a)(1) of this section) is amended--
       (1) in paragraph (1)(A)(ii), by inserting before the 
     semicolon the following: ``and then, as applicable, increased 
     under paragraph (2)(H)''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)(i), by striking ``subparagraph 
     (H)'' and inserting ``subparagraphs (H) and (I)''; and
       (B) in subparagraph (H) (as redesignated by subsection 
     (b)(2) of this section), by amending the subparagraph to read 
     as follows:
       ``(H) Limitation.--
       ``(i) In general.--The Secretary shall ensure that the 
     amount of a grant awarded to a State or territory under 
     section 2611 or subparagraph (I)(i) for a fiscal year is not 
     less than--

       ``(I) with respect to fiscal year 2001, 99 percent;
       ``(II) with respect to fiscal year 2002, 98 percent;
       ``(III) with respect to fiscal year 2003, 97 percent;
       ``(IV) with respect to fiscal year 2004, 96 percent; and
       ``(V) with respect to fiscal year 2005, 95 percent,

     of the amount such State or territory received for fiscal 
     year 2000 under section 2611 or subparagraph (I)(i), 
     respectively (notwithstanding such subparagraph). In 
     administering this subparagraph, the Secretary shall, with 
     respect to States or territories that will under such section 
     receive grants in amounts that exceed the amounts that such 
     States received under such section or subparagraph for fiscal 
     year 2000, proportionally reduce such amounts to ensure 
     compliance with this subparagraph. In making such reductions, 
     the Secretary shall ensure that no such State receives less 
     than that State received for fiscal year 2000.
       ``(ii) Ratable reduction.--If the amount appropriated under 
     section 2677 for a fiscal year and available for grants under 
     section 2611 or subparagraph (I)(i) is less than the amount 
     appropriated and available for fiscal year 2000 under section 
     2611 or subparagraph (I)(i), respectively, the limitation 
     contained in clause (i) for the grants involved shall be 
     reduced by a percentage equal to the percentage of the 
     reduction in such amounts appropriated and available.''.
       (d) Territories.--Section 2618(a) of the Public Health 
     Service Act (as redesignated by subsection (a)(1) of this 
     section) is amended in paragraph (1)(B) by inserting ``the 
     greater of $50,000 or'' after ``shall be''.
       (e) Separate Treatment Drug Grants.--Section 2618(a) of the 
     Public Health Service Act (as redesignated by subsection 
     (a)(1) of this section and amended by subsection (b)(2) of 
     this section) is amended in paragraph (2)(I)--
       (1) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (2) by striking ``(I) Appropriations'' and all that follows 
     through ``With respect to'' and inserting the following:
       ``(I) Appropriations for treatment drug program.--
       ``(i) Formula grants.--With respect to'';
       (3) in subclause (I) of clause (i) (as designated by 
     paragraphs (1) and (2)), by inserting before the semicolon 
     the following: ``, less the percentage reserved under clause 
     (ii)(V)''; and
       (4) by adding at the end the following clause:
       ``(ii) Supplemental treatment drug grants.--

       ``(I) In general.--From amounts made available under 
     subclause (V), the Secretary shall make supplemental grants 
     to States described in subclause (II) to enable such States 
     to increase access to therapeutics described in section 
     2616(a), as provided by the State under section 2616(c)(2).
       ``(II) Eligible states.--For purposes of subclause (I), a 
     State described in this subclause is a State that, in 
     accordance with criteria established by the Secretary, 
     demonstrates a severe need for a grant under such subclause. 
     In developing such criteria, the Secretary shall consider 
     eligibility standards, formulary composition, and the number 
     of eligible individuals at or below 200 percent of the 
     official poverty line to whom the State is unable to provide 
     therapeutics described in section 2616(a).

       ``(III) State requirements.--The Secretary may not make a 
     grant to a State under this clause unless the State agrees 
     that--

       ``(aa) the State will make available (directly or through 
     donations from public or private entities) non-Federal 
     contributions toward the activities to carried out under the 
     grant in an amount equal to $1 for each $4 of Federal funds 
     provided in the grant; and
       ``(bb) the State will not impose eligibility requirements 
     for services or scope of benefits limitations under section 
     2616(a) that are more restrictive than such requirements in 
     effect as of January 1, 2000.
       ``(IV) Use and coordination.--Amounts made available under 
     a grant under this clause shall only be used by the State to 
     provide HIV/AIDS-related medications. The State shall 
     coordinate the use of such amounts with the amounts otherwise 
     provided under section 2616(a) in order to maximize drug 
     coverage.

       ``(V) Funding.--For the purpose of making grants under this 
     clause, the Secretary shall each fiscal year reserve 3 
     percent of the amount referred to in clause (i) with respect 
     to section 2616, subject to subclause (VI).
       ``(VI) Limitation.--In reserving amounts under subclause 
     (V) and making grants under this clause for a fiscal year, 
     the Secretary shall ensure for each State that the total of 
     the grant under section 2611 for the State for the fiscal 
     year and the grant under clause (i) for the State for the 
     fiscal year is not less than such total for the State for the 
     preceding fiscal year.''.

       (f) Technical Amendment.--Section 2618(a) of the Public 
     Health Service Act (as redesignated by subsection (a)(1) of 
     this section) is amended in paragraph (3)(B) by striking 
     ``and the Republic of the Marshall Islands'' and inserting 
     ``the Republic of the Marshall Islands, the Federated States 
     of Micronesia, and the Republic of Palau, and only for 
     purposes of paragraph (1) the Commonwealth of Puerto Rico''.

     SEC. 207. SUPPLEMENTAL GRANTS FOR CERTAIN STATES.

       Subpart I of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-11 et seq.) is amended--
       (1) by striking section 2621; and
       (2) by inserting after section 2619 the following section:

     ``SEC. 2620. SUPPLEMENTAL GRANTS.

       ``(a) In General.--The Secretary shall award supplemental 
     grants to States determined to be eligible under subsection 
     (b) to enable such States to provide comprehensive services 
     of the type described in section 2612(a) to supplement the 
     services otherwise provided by the State under a grant under 
     this subpart in emerging communities within the State that 
     are not eligible to receive grants under part A.
       ``(b) Eligibility.--To be eligible to receive a 
     supplemental grant under subsection (a), a State shall--
       ``(1) be eligible to receive a grant under this subpart;
       ``(2) demonstrate the existence in the State of an emerging 
     community as defined in subsection (d)(1); and
       ``(3) submit the information described in subsection (c).
       ``(c) Reporting Requirements.--A State that desires a grant 
     under this section shall, as part of the State application 
     submitted under section 2617, submit a detailed description 
     of the manner in which the State will use amounts received 
     under the grant and of the severity of need. Such description 
     shall include--
       ``(1) a report concerning the dissemination of supplemental 
     funds under this section and the plan for the utilization of 
     such funds in the emerging community;
       ``(2) a demonstration of the existing commitment of local 
     resources, both financial and in-kind;
       ``(3) a demonstration that the State will maintain HIV-
     related activities at a level that is equal to not less than 
     the level of such activities in the State for the 1-year 
     period preceding the fiscal year for which the State is 
     applying to receive a grant under this part;

[[Page 21027]]

       ``(4) a demonstration of the ability of the State to 
     utilize such supplemental financial resources in a manner 
     that is immediately responsive and cost effective;
       ``(5) a demonstration that the resources will be allocated 
     in accordance with the local demographic incidence of AIDS 
     including appropriate allocations for services for infants, 
     children, women, and families with HIV disease;
       ``(6) a demonstration of the inclusiveness of the planning 
     process, with particular emphasis on affected communities and 
     individuals with HIV disease; and
       ``(7) a demonstration of the manner in which the proposed 
     services are consistent with local needs assessments and the 
     statewide coordinated statement of need.
       ``(d) Definition of Emerging Community.--In this section, 
     the term `emerging community' means a metropolitan area--
       ``(1) that is not eligible for a grant under part A; and
       ``(2) for which there has been reported to the Director of 
     the Centers for Disease Control and Prevention a cumulative 
     total of between 500 and 1999 cases of acquired immune 
     deficiency syndrome for the most recent period of 5 calendar 
     years for which such data are available (except that, for 
     fiscal year 2005 and subsequent fiscal years, cases of HIV 
     disease shall be counted rather than cases of acquired immune 
     deficiency syndrome if cases of HIV disease are being counted 
     for purposes of section 2618(a)(2)(D)(i)).
       ``(e) Funding.--
       ``(1) In general.--Subject to paragraph (2), with respect 
     to each fiscal year beginning with fiscal year 2001, the 
     Secretary, to carry out this section, shall utilize--
       ``(A) the greater of--
       ``(i) 25 percent of the amount appropriated under 2677 to 
     carry out part B, excluding the amount appropriated under 
     section 2618(a)(2)(I), for such fiscal year that is in excess 
     of the amount appropriated to carry out such part in fiscal 
     year preceding the fiscal year involved; or
       ``(ii) $5,000,000;
     to provide funds to States for use in emerging communities 
     with at least 1000, but less than 2000, cases of AIDS as 
     reported to and confirmed by the Director of the Centers for 
     Disease Control and Prevention for the five year period 
     preceding the year for which the grant is being awarded; and
       ``(B) the greater of--
       ``(i) 25 percent of the amount appropriated under 2677 to 
     carry out part B, excluding the amount appropriated under 
     section 2618(a)(2)(I), for such fiscal year that is in excess 
     of the amount appropriated to carry out such part in fiscal 
     year preceding the fiscal year involved; or
       ``(ii) $5,000,000;

     to provide funds to States for use in emerging communities 
     with at least 500, but less than 1000, cases of AIDS reported 
     to and confirmed by the Director of the Centers for Disease 
     Control and Prevention for the five year period preceding the 
     year for which the grant is being awarded.
       ``(2) Trigger of funding.--This section shall be effective 
     only for fiscal years beginning in the first fiscal year in 
     which the amount appropriated under 2677 to carry out part B, 
     excluding the amount appropriated under section 
     2618(a)(2)(I), exceeds by at least $20,000,000 the amount 
     appropriated under 2677 to carry out part B in fiscal year 
     2000, excluding the amount appropriated under section 
     2618(a)(2)(I).
       ``(3) Minimum amount in future years.--Beginning with the 
     first fiscal year in which amounts provided for emerging 
     communities under paragraph (1)(A) equals $5,000,000 and 
     under paragraph (1)(B) equals $5,000,000, the Secretary shall 
     ensure that amounts made available under this section for the 
     types of emerging communities described in each such 
     paragraph in subsequent fiscal years is at least $5,000,000.
       ``(4) Distribution.--Grants under this section for emerging 
     communities shall be formula grants. There shall be two 
     categories of such formula grants, as follows:
       ``(A) One category of such grants shall be for emerging 
     communities for which the cumulative total of cases for 
     purposes of subsection (d)(2) is 999 or fewer cases. The 
     grant made to such an emerging community for a fiscal year 
     shall be the product of--
       ``(i) an amount equal to 50 percent of the amount available 
     pursuant to this subsection for the fiscal year involved; and
       ``(ii) a percentage equal to the ratio constituted by the 
     number of cases for such emerging community for the fiscal 
     year over the aggregate number of such cases for such year 
     for all emerging communities to which this subparagraph 
     applies.
       ``(B) The other category of formula grants shall be for 
     emerging communities for which the cumulative total of cases 
     for purposes of subsection (d)(2) is 1000 or more cases. The 
     grant made to such an emerging community for a fiscal year 
     shall be the product of--
       ``(i) an amount equal to 50 percent of the amount available 
     pursuant to this subsection for the fiscal year involved; and
       ``(ii) a percentage equal to the ratio constituted by the 
     number of cases for such community for the fiscal year over 
     the aggregate number of such cases for the fiscal year for 
     all emerging communities to which this subparagraph 
     applies.''.

Subtitle B--Provisions Concerning Pregnancy and Perinatal Transmission 
                                 of HIV

     SEC. 211. REPEALS.

       Subpart II of part B of title XXVI of the Public Health 
     Service Act (42 U.S.C. 300ff-33 et seq.) is amended--
       (1) in section 2626, by striking each of subsections (d) 
     through (f);
       (2) by striking sections 2627 and 2628; and
       (3) by redesignating section 2629 as section 2627.

     SEC. 212. GRANTS.

       (a) In General.--Section 2625(c) of the Public Health 
     Service Act (42 U.S.C. 300ff-33) is amended--
       (1) in paragraph (1), by inserting at the end the following 
     subparagraph:
       ``(F) Making available to pregnant women with HIV disease, 
     and to the infants of women with such disease, treatment 
     services for such disease in accordance with applicable 
     recommendations of the Secretary.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Funding.--
       ``(A) Authorization of appropriations.--For the purpose of 
     carrying out this subsection, there are authorized to be 
     appropriated $30,000,000 for each of the fiscal years 2001 
     through 2005. Amounts made available under section 2677 for 
     carrying out this part are not available for carrying out 
     this section unless otherwise authorized.
       ``(B) Allocations for certain states.--
       ``(i) In general.--Of the amounts appropriated under 
     subparagraph (A) for a fiscal year in excess of $10,000,000--

       ``(I) the Secretary shall reserve the applicable percentage 
     under clause (iv) for making grants under paragraph (1) both 
     to States described in clause (ii) and States described in 
     clause (iii); and
       ``(II) the Secretary shall reserve the remaining amounts 
     for other States, taking into consideration the factors 
     described in subparagraph (C)(iii), except that this 
     subclause does not apply to any State that for the fiscal 
     year involved is receiving amounts pursuant to subclause (I).

       ``(ii) Required testing of newborns.--For purposes of 
     clause (i)(I), the States described in this clause are States 
     that under law (including under regulations or the discretion 
     of State officials) have--

       ``(I) a requirement that all newborn infants born in the 
     State be tested for HIV disease and that the biological 
     mother of each such infant, and the legal guardian of the 
     infant (if other than the biological mother), be informed of 
     the results of the testing; or
       ``(II) a requirement that newborn infants born in the State 
     be tested for HIV disease in circumstances in which the 
     attending obstetrician for the birth does not know the HIV 
     status of the mother of the infant, and that the biological 
     mother of each such infant, and the legal guardian of the 
     infant (if other than the biological mother), be informed of 
     the results of the testing.

       ``(iii) Most significant reduction in cases of perinatal 
     transmission.--For purposes of clause (i)(I), the States 
     described in this clause are the following (exclusive of 
     States described in clause (ii)), as applicable:

       ``(I) For fiscal years 2001 and 2002, the two States that, 
     relative to other States, have the most significant reduction 
     in the rate of new cases of the perinatal transmission of HIV 
     (as indicated by the number of such cases reported to the 
     Director of the Centers for Disease Control and Prevention 
     for the most recent periods for which the data are 
     available).
       ``(II) For fiscal years 2003 and 2004, the three States 
     that have the most significant such reduction.
       ``(III) For fiscal year 2005, the four States that have the 
     most significant such reduction.

       ``(iv) Applicable percentage.--For purposes of clause (i), 
     the applicable amount for a fiscal year is as follows:

       ``(I) For fiscal year 2001, 33 percent.
       ``(II) For fiscal year 2002, 50 percent.
       ``(III) For fiscal year 2003, 67 percent.
       ``(IV) For fiscal year 2004, 75 percent.
       ``(V) For fiscal year 2005, 75 percent.

       ``(C) Certain provisions.--With respect to grants under 
     paragraph (1) that are made with amounts reserved under 
     subparagraph (B) of this paragraph:
       ``(i) Such a grant may not be made in an amount exceeding 
     $4,000,000.
       ``(ii) If pursuant to clause (i) or pursuant to an 
     insufficient number of qualifying applications for such 
     grants (or both), the full amount reserved under subparagraph 
     (B) for a fiscal year is not obligated, the requirement under 
     such subparagraph to reserve amounts ceases to apply.
       ``(iii) In the case of a State that meets the conditions to 
     receive amounts reserved under subparagraph (B)(i)(II), the 
     Secretary shall in making grants consider the following 
     factors:

       ``(I) The extent of the reduction in the rate of new cases 
     of the perinatal transmission of HIV.
       ``(II) The extent of the reduction in the rate of new cases 
     of perinatal cases of acquired immune deficiency syndrome.
       ``(III) The overall incidence of cases of infection with 
     HIV among women of childbearing age.
       ``(IV) The overall incidence of cases of acquired immune 
     deficiency syndrome among women of childbearing age.

[[Page 21028]]

       ``(V) The higher acceptance rate of HIV testing of pregnant 
     women.
       ``(VI) The extent to which women and children with HIV 
     disease are receiving HIV-related health services.
       ``(VII) The extent to which HIV-exposed children are 
     receiving health services appropriate to such exposure.''; 
     and

       (3) by adding at the end the following paragraph:
       ``(4) Maintenance of effort.--A condition for the receipt 
     of a grant under paragraph (1) is that the State involved 
     agree that the grant will be used to supplement and not 
     supplant other funds available to the State to carry out the 
     purposes of the grant.''.
       (b) Special Funding Rule for Fiscal Year 2001.--
       (1) In general.--If for fiscal year 2001 the amount 
     appropriated under paragraph (2)(A) of section 2625(c) of the 
     Public Health Service Act is less than $14,000,000--
       (A) the Secretary of Health and Human Services shall, for 
     the purpose of making grants under paragraph (1) of such 
     section, reserve from the amount specified in paragraph (2) 
     of this subsection an amount equal to the difference between 
     $14,000,000 and the amount appropriated under paragraph 
     (2)(A) of such section for such fiscal year (notwithstanding 
     any other provision of this Act or the amendments made by 
     this Act);
       (B) the amount so reserved shall, for purposes of paragraph 
     (2)(B)(i) of such section, be considered to have been 
     appropriated under paragraph (2)(A) of such section; and
       (C) the percentage specified in paragraph (2)(B)(iv)(I) of 
     such section is deemed to be 50 percent.
       (2) Allocation from increases in funding for part b.--For 
     purposes of paragraph (1), the amount specified in this 
     paragraph is the amount by which the amount appropriated 
     under section 2677 of the Public Health Service Act for 
     fiscal year 2001 and available for grants under section 2611 
     of such Act is an increase over the amount so appropriated 
     and available for fiscal year 2000.

     SEC. 213. STUDY BY INSTITUTE OF MEDICINE.

       Subpart II of part B of title XXVI of the Public Health 
     Service Act, as amended by section 211(3), is amended by 
     adding at the end the following section:

     ``SEC. 2628. RECOMMENDATIONS FOR REDUCING INCIDENCE OF 
                   PERINATAL TRANSMISSION.

       ``(a) Study by Institute of Medicine.--
       ``(1) In general.--The Secretary shall request the 
     Institute of Medicine to enter into an agreement with the 
     Secretary under which such Institute conducts a study to 
     provide the following:
       ``(A) For the most recent fiscal year for which the 
     information is available, a determination of the number of 
     newborn infants with HIV born in the United States with 
     respect to whom the attending obstetrician for the birth did 
     not know the HIV status of the mother.
       ``(B) A determination for each State of any barriers, 
     including legal barriers, that prevent or discourage an 
     obstetrician from making it a routine practice to offer 
     pregnant women an HIV test and a routine practice to test 
     newborn infants for HIV disease in circumstances in which the 
     obstetrician does not know the HIV status of the mother of 
     the infant.
       ``(C) Recommendations for each State for reducing the 
     incidence of cases of the perinatal transmission of HIV, 
     including recommendations on removing the barriers identified 
     under subparagraph (B).

     If such Institute declines to conduct the study, the 
     Secretary shall enter into an agreement with another 
     appropriate public or nonprofit private entity to conduct the 
     study.
       ``(2) Report.--The Secretary shall ensure that, not later 
     than 18 months after the effective date of this section, the 
     study required in paragraph (1) is completed and a report 
     describing the findings made in the study is submitted to the 
     appropriate committees of the Congress, the Secretary, and 
     the chief public health official of each of the States.
       ``(b) Progress Toward Recommendations.--In fiscal year 
     2004, the Secretary shall collect information from the States 
     describing the actions taken by the States toward meeting the 
     recommendations specified for the States under subsection 
     (a)(1)(C).
       ``(c) Submission of Reports to Congress.--The Secretary 
     shall submit to the appropriate committees of the Congress 
     reports describing the information collected under subsection 
     (b).''.

           Subtitle C--Certain Partner Notification Programs

     SEC. 221. GRANTS FOR COMPLIANT PARTNER NOTIFICATION PROGRAMS.

       Part B of title XXVI of the Public Health Service Act (42 
     U.S.C. 300ff-21 et seq.) is amended by adding at the end the 
     following subpart:

          ``Subpart III--Certain Partner Notification Programs

     ``SEC. 2631. GRANTS FOR PARTNER NOTIFICATION PROGRAMS.

       ``(a) In General.--In the case of States whose laws or 
     regulations are in accordance with subsection (b), the 
     Secretary, subject to subsection (c)(2), may make grants to 
     the States for carrying out programs to provide partner 
     counseling and referral services.
       ``(b) Description of Compliant State Programs.--For 
     purposes of subsection (a), the laws or regulations of a 
     State are in accordance with this subsection if under such 
     laws or regulations (including programs carried out pursuant 
     to the discretion of State officials) the following policies 
     are in effect:
       ``(1) The State requires that the public health officer of 
     the State carry out a program of partner notification to 
     inform partners of individuals with HIV disease that the 
     partners may have been exposed to the disease.
       ``(2)(A) In the case of a health entity that provides for 
     the performance on an individual of a test for HIV disease, 
     or that treats the individual for the disease, the State 
     requires, subject to subparagraph (B), that the entity 
     confidentially report the positive test results to the State 
     public health officer in a manner recommended and approved by 
     the Director of the Centers for Disease Control and 
     Prevention, together with such additional information as may 
     be necessary for carrying out such program.
       ``(B) The State may provide that the requirement of 
     subparagraph (A) does not apply to the testing of an 
     individual for HIV disease if the individual underwent the 
     testing through a program designed to perform the test and 
     provide the results to the individual without the individual 
     disclosing his or her identity to the program. This 
     subparagraph may not be construed as affecting the 
     requirement of subparagraph (A) with respect to a health 
     entity that treats an individual for HIV disease.
       ``(3) The program under paragraph (1) is carried out in 
     accordance with the following:
       ``(A) Partners are provided with an appropriate opportunity 
     to learn that the partners have been exposed to HIV disease, 
     subject to subparagraph (B).
       ``(B) The State does not inform partners of the identity of 
     the infected individuals involved.
       ``(C) Counseling and testing for HIV disease are made 
     available to the partners and to infected individuals, and 
     such counseling includes information on modes of transmission 
     for the disease, including information on prenatal and 
     perinatal transmission and preventing transmission.
       ``(D) Counseling of infected individuals and their partners 
     includes the provision of information regarding therapeutic 
     measures for preventing and treating the deterioration of the 
     immune system and conditions arising from the disease, and 
     the provision of other prevention-related information.
       ``(E) Referrals for appropriate services are provided to 
     partners and infected individuals, including referrals for 
     support services and legal aid.
       ``(F) Notifications under subparagraph (A) are provided in 
     person, unless doing so is an unreasonable burden on the 
     State.
       ``(G) There is no criminal or civil penalty on, or civil 
     liability for, an infected individual if the individual 
     chooses not to identify the partners of the individual, or 
     the individual does not otherwise cooperate with such 
     program.
       ``(H) The failure of the State to notify partners is not a 
     basis for the civil liability of any health entity who under 
     the program reported to the State the identity of the 
     infected individual involved.
       ``(I) The State provides that the provisions of the program 
     may not be construed as prohibiting the State from providing 
     a notification under subparagraph (A) without the consent of 
     the infected individual involved.
       ``(4) The State annually reports to the Director of the 
     Centers for Disease Control and Prevention the number of 
     individuals from whom the names of partners have been sought 
     under the program under paragraph (1), the number of such 
     individuals who provided the names of partners, and the 
     number of partners so named who were notified under the 
     program.
       ``(5) The State cooperates with such Director in carrying 
     out a national program of partner notification, including the 
     sharing of information between the public health officers of 
     the States.
       ``(c) Reporting System for Cases of HIV Disease; Preference 
     in Making Grants.--In making grants under subsection (a), the 
     Secretary shall give preference to States whose reporting 
     systems for cases of HIV disease produce data on such cases 
     that is sufficiently accurate and reliable for use for 
     purposes of section 2618(a)(2)(D)(i).
       ``(d) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $30,000,000 for fiscal year 2001, and such sums 
     as may be necessary for each of the fiscal years 2002 through 
     2005.''.

                 TITLE III--EARLY INTERVENTION SERVICES

                 Subtitle A--Formula Grants for States

     SEC. 301. REPEAL OF PROGRAM.

       (a) Repeal.--Subpart I of part C of title XXVI of the 
     Public Health Service Act (42 U.S.C. 300ff-41 et seq.) is 
     repealed.
       (b) Conforming Amendments.--Part C of title XXVI of the 
     Public Health Service Act (42 U.S.C. 300ff-41 et seq.), as 
     amended by subsection (a) of this section, is amended--
       (1) by redesignating subparts II and III as subparts I and 
     II, respectively;
       (2) in section 2661(a), by striking ``unless--'' and all 
     that follows through ``(2) in the case of'' and inserting 
     ``unless, in the case of''; and

[[Page 21029]]

       (3) in section 2664--
       (A) in subsection (e)(5), by striking ``2642(b) or'';
       (B) in subsection (f)(2), by striking ``2642(b) or''; and
       (C) by striking subsection (h).

                     Subtitle B--Categorical Grants

     SEC. 311. PREFERENCES IN MAKING GRANTS.

       Section 2653 of the Public Health Service Act (42 U.S.C. 
     300ff-53) is amended by adding at the end the following 
     subsection:
       ``(d) Certain Areas.--Of the applicants who qualify for 
     preference under this section--
       ``(1) the Secretary shall give preference to applicants 
     that will expend the grant under section 2651 to provide 
     early intervention under such section in rural areas; and
       ``(2) the Secretary shall give special consideration to 
     areas that are underserved with respect to such services.''.

     SEC. 312. PLANNING AND DEVELOPMENT GRANTS.

       (a) In General.--Section 2654(c)(1) of the Public Health 
     Service Act (42 U.S.C. 300ff-54(c)(1)) is amended by striking 
     ``planning grants'' and all that follows and inserting the 
     following: ``planning grants to public and nonprofit private 
     entities for purposes of--
       ``(A) enabling such entities to provide HIV early 
     intervention services; and
       ``(B) assisting the entities in expanding their capacity to 
     provide HIV-related health services, including early 
     intervention services, in low-income communities and affected 
     subpopulations that are underserved with respect to such 
     services (subject to the condition that a grant pursuant to 
     this subparagraph may not be expended to purchase or improve 
     land, or to purchase, construct, or permanently improve, 
     other than minor remodeling, any building or other 
     facility).''.
       (b) Amount; Duration.--Section 2654(c) of the Public Health 
     Service Act (42 U.S.C. 300ff-54(c)) is further amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Amount and duration of grants.--
       ``(A) Early intervention services.--A grant under paragraph 
     (1)(A) may be made in an amount not to exceed $50,000.
       ``(B) Capacity development.--
       ``(i) Amount.--A grant under paragraph (1)(B) may be made 
     in an amount not to exceed $150,000.
       ``(ii) Duration.--The total duration of a grant under 
     paragraph (1)(B), including any renewal, may not exceed 3 
     years.''.
       (c) Increase in Limitation.--Section 2654(c)(5) of the 
     Public Health Service Act (42 U.S.C. 300ff-54(c)(5)), as 
     redesignated by subsection (b), is amended by striking ``1 
     percent'' and inserting ``5 percent''.

     SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

       Section 2655 of the Public Health Service Act (42 U.S.C. 
     300ff-55) is amended by striking ``in each of'' and all that 
     follows and inserting ``for each of the fiscal years 2001 
     through 2005.''.

                     Subtitle C--General Provisions

     SEC. 321. PROVISION OF CERTAIN COUNSELING SERVICES.

       Section 2662(c)(3) of the Public Health Service Act (42 
     U.S.C. 300ff-62(c)(3)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``counseling on--'' and inserting ``counseling--'';
       (2) in each of subparagraphs (A), (B), and (D), by 
     inserting ``on'' after the subparagraph designation; and
       (3) in subparagraph (C)--
       (A) by striking ``(C) the benefits'' and inserting ``(C)(i) 
     that explains the benefits''; and
       (B) by inserting after clause (i) (as designated by 
     subparagraph (A) of this paragraph) the following clause:
       ``(ii) that emphasizes it is the duty of infected 
     individuals to disclose their infected status to their sexual 
     partners and their partners in the sharing of hypodermic 
     needles; that provides advice to infected individuals on the 
     manner in which such disclosures can be made; and that 
     emphasizes that it is the continuing duty of the individuals 
     to avoid any behaviors that will expose others to HIV.''.

     SEC. 322. ADDITIONAL REQUIRED AGREEMENTS.

       Section 2664(g) of the Public Health Service Act (42 U.S.C. 
     300ff-64(g)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``7.5 percent'' and inserting ``10 
     percent''; and
       (B) by striking ``and'' after the semicolon at the end;
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following paragraph:
       ``(5) the applicant will provide for the establishment of a 
     quality management program--
       ``(A) to assess the extent to which medical services funded 
     under this title that are provided to patients are consistent 
     with the most recent Public Health Service guidelines for the 
     treatment of HIV disease and related opportunistic 
     infections, and as applicable, to develop strategies for 
     ensuring that such services are consistent with the 
     guidelines; and
       ``(B) to ensure that improvements in the access to and 
     quality of HIV health services are addressed.''.

                TITLE IV--OTHER PROGRAMS AND ACTIVITIES

 Subtitle A--Certain Programs for Research, Demonstrations, or Training

     SEC. 401. GRANTS FOR COORDINATED SERVICES AND ACCESS TO 
                   RESEARCH FOR WOMEN, INFANTS, CHILDREN, AND 
                   YOUTH.

       (a) Elimination of Requirement To Enroll Significant 
     Numbers of Women and Children.--Section 2671(b) (42 U.S.C. 
     300ff-71(b)) is amended--
       (1) in paragraph (1), by striking subparagraphs (C) and (D) 
     and inserting the following:
       ``(C) The applicant will demonstrate linkages to research 
     and how access to such research is being offered to 
     patients.''; and
       (2) by striking paragraphs (3) and (4).
       (b) Information and Education.--Section 2671(d) (42 U.S.C. 
     300ff-71(d)) is amended by adding at the end the following:
       ``(4) The applicant will provide individuals with 
     information and education on opportunities to participate in 
     HIV/AIDS-related clinical research.''.
       (c) Quality Management; Administrative Expenses Ceiling.--
     Section 2671(f) (42 U.S.C. 300ff-71(f)) is amended--
       (1) by striking the subsection heading and designation and 
     inserting the following:
       ``(f) Administration.--
       ``(1) Application.--''; and
       (2) by adding at the end the following:
       ``(2) Quality management program.--A grantee under this 
     section shall implement a quality management program to 
     assess the extent to which HIV health services provided to 
     patients under the grant are consistent with the most recent 
     Public Health Service guidelines for the treatment of HIV 
     disease and related opportunistic infection, and as 
     applicable, to develop strategies for ensuring that such 
     services are consistent with the guidelines for improvement 
     in the access to and quality of HIV health services.''.
       (d) Coordination.--Section 2671(g) (42 U.S.C. 300ff-71(g)) 
     is amended by adding at the end the following: ``The 
     Secretary acting through the Director of NIH, shall examine 
     the distribution and availability of ongoing and appropriate 
     HIV/AIDS-related research projects to existing sites under 
     this section for purposes of enhancing and expanding 
     voluntary access to HIV-related research, especially within 
     communities that are not reasonably served by such projects. 
     Not later than 12 months after the date of enactment of the 
     Ryan White CARE Act Amendments of 2000, the Secretary shall 
     prepare and submit to the appropriate committees of Congress 
     a report that describes the findings made by the Director and 
     the manner in which the conclusions based on those findings 
     can be addressed.''.
       (e) Administrative Expenses.--Section 2671 of the Public 
     Health Service Act (42 U.S.C. 300ff-71) is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following 
     subsection:
       ``(i) Limitation on Administrative Expenses.--
       ``(1) Determination by secretary.--Not later than 12 months 
     after the date of enactment of the Ryan White Care Act 
     Amendments of 2000, the Secretary, in consultation with 
     grantees under this part, shall conduct a review of the 
     administrative, program support, and direct service-related 
     activities that are carried out under this part to ensure 
     that eligible individuals have access to quality, HIV-related 
     health and support services and research opportunities under 
     this part, and to support the provision of such services.
       ``(2) Requirements.--
       ``(A) In general.--Not later than 180 days after the 
     expiration of the 12-month period referred to in paragraph 
     (1) the Secretary, in consultation with grantees under this 
     part, shall determine the relationship between the costs of 
     the activities referred to in paragraph (1) and the access of 
     eligible individuals to the services and research 
     opportunities described in such paragraph.
       ``(B) Limitation.--After a final determination under 
     subparagraph (A), the Secretary may not make a grant under 
     this part unless the grantee complies with such requirements 
     as may be included in such determination.''.
       (f) Authorization of Appropriations.--Section 2671 of the 
     Public Health Service Act (42 U.S.C. 300ff-71) is amended in 
     subsection (j) (as redesignated by subsection (e)(1) of this 
     section) by striking ``fiscal years 1996 through 2000'' and 
     inserting ``fiscal years 2001 through 2005''.

     SEC. 402. AIDS EDUCATION AND TRAINING CENTERS.

       (a) Schools; Centers.--
       (1) In general.--Section 2692(a)(1) of the Public Health 
     Service Act (42 U.S.C. 300ff-111(a)(1)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``training'' and inserting ``to train'';
       (ii) by striking ``and including'' and inserting ``, 
     including''; and
       (iii) by inserting before the semicolon the following: ``, 
     and including (as applicable to the type of health 
     professional involved), prenatal and other gynecological care 
     for women with HIV disease'';

[[Page 21030]]

       (B) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (C) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) to develop protocols for the medical care of women 
     with HIV disease, including prenatal and other gynecological 
     care for such women.''.
       (2) Dissemination of treatment guidelines; medical 
     consultation activities.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services shall issue and begin implementation of a 
     strategy for the dissemination of HIV treatment information 
     to health care providers and patients.
       (b) Dental Schools.--Section 2692(b) of the Public Health 
     Service Act (42 U.S.C. 300ff-111(b)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--
       ``(A) Grants.--The Secretary may make grants to dental 
     schools and programs described in subparagraph (B) to assist 
     such schools and programs with respect to oral health care to 
     patients with HIV disease.
       ``(B) Eligible applicants.--For purposes of this 
     subsection, the dental schools and programs referred to in 
     this subparagraph are dental schools and programs that were 
     described in section 777(b)(4)(B) as such section was in 
     effect on the day before the date of the enactment of the 
     Health Professions Education Partnerships Act of 1998 (Public 
     Law 105-392) and in addition dental hygiene programs that are 
     accredited by the Commission on Dental Accreditation.'';
       (2) in paragraph (2), by striking ``777(b)(4)(B)'' and 
     inserting ``the section referred to in paragraph (1)(B)''; 
     and
       (3) by inserting after paragraph (4) the following 
     paragraph:
       ``(5) Community-based care.--The Secretary may make grants 
     to dental schools and programs described in paragraph (1)(B) 
     that partner with community-based dentists to provide oral 
     health care to patients with HIV disease in unserved areas. 
     Such partnerships shall permit the training of dental 
     students and residents and the participation of community 
     dentists as adjunct faculty.''.
       (c) Authorization of Appropriations.--
       (1) Schools; centers.--Section 2692(c)(1) of the Public 
     Health Service Act (42 U.S.C. 300ff-111(c)(1)) is amended by 
     striking ``fiscal years 1996 through 2000'' and inserting 
     ``fiscal years 2001 through 2005''.
       (2) Dental schools.--Section 2692(c)(2) of the Public 
     Health Service Act (42 U.S.C. 300ff-111(c)(2)) is amended to 
     read as follows:
       ``(2) Dental schools.--
       ``(A) In general.--For the purpose of grants under 
     paragraphs (1) through (4) of subsection (b), there are 
     authorized to be appropriated such sums as may be necessary 
     for each of the fiscal years 2001 through 2005.
       ``(B) Community-based care.--For the purpose of grants 
     under subsection (b)(5), there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2001 through 2005.''.

              Subtitle B--General Provisions in Title XXVI

     SEC. 411. EVALUATIONS AND REPORTS.

       Section 2674(c) of the Public Health Service Act (42 U.S.C. 
     300ff-74(c)) is amended by striking ``1991 through 1995'' and 
     inserting ``2001 through 2005''.

     SEC. 412. DATA COLLECTION THROUGH CENTERS FOR DISEASE CONTROL 
                   AND PREVENTION.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     318A the following section:


         ``data collection regarding programs under title xxvi

       ``Sec. 318B. For the purpose of collecting and providing 
     data for program planning and evaluation activities under 
     title XXVI, there are authorized to be appropriated to the 
     Secretary (acting through the Director of the Centers for 
     Disease Control and Prevention) such sums as may be necessary 
     for each of the fiscal years 2001 through 2005. Such 
     authorization of appropriations is in addition to other 
     authorizations of appropriations that are available for such 
     purpose.''.

     SEC. 413. COORDINATION.

       Section 2675 of the Public Health Service Act (42 U.S.C. 
     300ff-75) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Requirement.--The Secretary shall ensure that the 
     Health Resources and Services Administration, the Centers for 
     Disease Control and Prevention, the Substance Abuse and 
     Mental Health Services Administration, and the Health Care 
     Financing Administration coordinate the planning, funding, 
     and implementation of Federal HIV programs to enhance the 
     continuity of care and prevention services for individuals 
     with HIV disease or those at risk of such disease. The 
     Secretary shall consult with other Federal agencies, 
     including the Department of Veterans Affairs, as needed and 
     utilize planning information submitted to such agencies by 
     the States and entities eligible for support.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (b) the following 
     subsection:
       ``(b) Report.--The Secretary shall biennially prepare and 
     submit to the appropriate committees of the Congress a report 
     concerning the coordination efforts at the Federal, State, 
     and local levels described in this section, including a 
     description of Federal barriers to HIV program integration 
     and a strategy for eliminating such barriers and enhancing 
     the continuity of care and prevention services for 
     individuals with HIV disease or those at risk of such 
     disease.''; and
       (4) in each of subsections (c) and (d) (as redesignated by 
     paragraph (2) of this section), by inserting ``and prevention 
     services'' after ``continuity of care'' each place such term 
     appears.

     SEC. 414. PLAN REGARDING RELEASE OF PRISONERS WITH HIV 
                   DISEASE.

       Section 2675 of the Public Health Service Act, as amended 
     by section 413(2) of this Act, is amended by adding at the 
     end the following subsection:
       ``(e) Recommendations Regarding Release of Prisoners.--
     After consultation with the Attorney General and the Director 
     of the Bureau of Prisons, with States, with eligible areas 
     under part A, and with entities that receive amounts from 
     grants under part A or B, the Secretary, consistent with the 
     coordination required in subsection (a), shall develop a plan 
     for the medical case management of and the provision of 
     support services to individuals who were Federal or State 
     prisoners and had HIV disease as of the date on which the 
     individuals were released from the custody of the penal 
     system. The Secretary shall submit the plan to the Congress 
     not later than 2 years after the date of the enactment of the 
     Ryan White CARE Act Amendments of 2000.''.

     SEC. 415. AUDITS.

       Part D of title XXVI of the Public Health Service Act (42 
     U.S.C. 300ff-71 et seq.) is amended by inserting after 
     section 2675 the following section:

     ``SEC. 2675A. AUDITS.

       ``For fiscal year 2002 and subsequent fiscal years, the 
     Secretary may reduce the amounts of grants under this title 
     to a State or political subdivision of a State for a fiscal 
     year if, with respect to such grants for the second preceding 
     fiscal year, the State or subdivision fails to prepare audits 
     in accordance with the procedures of section 7502 of title 
     31, United States Code. The Secretary shall annually select 
     representative samples of such audits, prepare summaries of 
     the selected audits, and submit the summaries to the 
     Congress.''.

     SEC. 416. ADMINISTRATIVE SIMPLIFICATION.

       Part D of title XXVI of the Public Health Service Act, as 
     amended by section 415 of this Act, is amended by inserting 
     after section 2675A the following section:

     ``SEC. 2675B. ADMINISTRATIVE SIMPLIFICATION REGARDING PARTS A 
                   AND B.

       ``(a) Coordinated Disbursement.--After consultation with 
     the States, with eligible areas under part A, and with 
     entities that receive amounts from grants under part A or B, 
     the Secretary shall develop a plan for coordinating the 
     disbursement of appropriations for grants under part A with 
     the disbursement of appropriations for grants under part B in 
     order to assist grantees and other recipients of amounts from 
     such grants in complying with the requirements of such parts. 
     The Secretary shall submit the plan to the Congress not later 
     than 18 months after the date of the enactment of the Ryan 
     White CARE Act Amendments of 2000. Not later than 2 years 
     after the date on which the plan is so submitted, the 
     Secretary shall complete the implementation of the plan, 
     notwithstanding any provision of this title that is 
     inconsistent with the plan.
       ``(b) Biennial Applications.--After consultation with the 
     States, with eligible areas under part A, and with entities 
     that receive amounts from grants under part A or B, the 
     Secretary shall make a determination of whether the 
     administration of parts A and B by the Secretary, and the 
     efficiency of grantees under such parts in complying with the 
     requirements of such parts, would be improved by requiring 
     that applications for grants under such parts be submitted 
     biennially rather than annually. The Secretary shall submit 
     such determination to the Congress not later than 2 years 
     after the date of the enactment of the Ryan White CARE Act 
     Amendments of 2000.
       ``(c) Application Simplification.--After consultation with 
     the States, with eligible areas under part A, and with 
     entities that receive amounts from grants under part A or B, 
     the Secretary shall develop a plan for simplifying the 
     process for applications under parts A and B. The Secretary 
     shall submit the plan to the Congress not later than 18 
     months after the date of the enactment of the Ryan White CARE 
     Act Amendments of 2000. Not later than 2 years after the date 
     on which the plan is so submitted, the Secretary shall 
     complete the implementation of the plan, notwithstanding any 
     provision of this title that is inconsistent with the 
     plan.''.

     SEC. 417. AUTHORIZATION OF APPROPRIATIONS FOR PARTS A AND B.

       Section 2677 of the Public Health Service Act (42 U.S.C. 
     300ff-77) is amended to read as follows:

     ``SEC. 2677. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Part A.--For the purpose of carrying out part A, 
     there are authorized to be appropriated such sums as may be 
     necessary for each of the fiscal years 2001 through 2005.

[[Page 21031]]

       ``(b) Part B.--For the purpose of carrying out part B, 
     there are authorized to be appropriated such sums as may be 
     necessary for each of the fiscal years 2001 through 2005.''.

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. STUDIES BY INSTITUTE OF MEDICINE.

       (a) State Surveillance Systems on Prevalence of HIV.--The 
     Secretary of Health and Human Services (referred to in this 
     section as the ``Secretary'') shall request the Institute of 
     Medicine to enter into an agreement with the Secretary under 
     which such Institute conducts a study to provide the 
     following:
       (1) A determination of whether the surveillance system of 
     each of the States regarding the human immunodeficiency virus 
     provides for the reporting of cases of infection with the 
     virus in a manner that is sufficient to provide adequate and 
     reliable information on the number of such cases and the 
     demographic characteristics of such cases, both for the State 
     in general and for specific geographic areas in the State.
       (2) A determination of whether such information is 
     sufficiently accurate for purposes of formula grants under 
     parts A and B of title XXVI of the Public Health Service Act.
       (3) With respect to any State whose surveillance system 
     does not provide adequate and reliable information on cases 
     of infection with the virus, recommendations regarding the 
     manner in which the State can improve the system.
       (b) Relationship Between Epidemiological Measures and 
     Health Care for Certain Individuals With HIV Disease.--
       (1) In general.--The Secretary shall request the Institute 
     of Medicine to enter into an agreement with the Secretary 
     under which such Institute conducts a study concerning the 
     appropriate epidemiological measures and their relationship 
     to the financing and delivery of primary care and health-
     related support services for low-income, uninsured, and 
     under-insured individuals with HIV disease.
       (2) Issues to be considered.--The Secretary shall ensure 
     that the study under paragraph (1) considers the following:
       (A) The availability and utility of health outcomes 
     measures and data for HIV primary care and support services 
     and the extent to which those measures and data could be used 
     to measure the quality of such funded services.
       (B) The effectiveness and efficiency of service delivery 
     (including the quality of services, health outcomes, and 
     resource use) within the context of a changing health care 
     and therapeutic environment, as well as the changing 
     epidemiology of the epidemic, including determining the 
     actual costs, potential savings, and overall financial impact 
     of modifying the program under title XIX of the Social 
     Security Act to establish eligibility for medical assistance 
     under such title on the basis of infection with the human 
     immunodeficiency virus rather than providing such assistance 
     only if the infection has progressed to acquired immune 
     deficiency syndrome.
       (C) Existing and needed epidemiological data and other 
     analytic tools for resource planning and allocation 
     decisions, specifically for estimating severity of need of a 
     community and the relationship to the allocations process.
       (D) Other factors determined to be relevant to assessing an 
     individual's or community's ability to gain and sustain 
     access to quality HIV services.
       (c) Other Entities.--If the Institute of Medicine declines 
     to conduct a study under this section, the Secretary shall 
     enter into an agreement with another appropriate public or 
     nonprofit private entity to conduct the study.
       (d) Report.--The Secretary shall ensure that--
       (1) not later than 3 years after the date of the enactment 
     of this Act, the study required in subsection (a) is 
     completed and a report describing the findings made in the 
     study is submitted to the appropriate committees of the 
     Congress; and
       (2) not later than 2 years after the date of the enactment 
     of this Act, the study required in subsection (b) is 
     completed and a report describing the findings made in the 
     study is submitted to such committees.

     SEC. 502. DEVELOPMENT OF RAPID HIV TEST.

       (a) Expansion, Intensification, and Coordination of 
     Research and Other Activities.--
       (1) In general.--The Director of NIH shall expand, 
     intensify, and coordinate research and other activities of 
     the National Institutes of Health with respect to the 
     development of reliable and affordable tests for HIV disease 
     that can rapidly be administered and whose results can 
     rapidly be obtained (in this section referred to a ``rapid 
     HIV test'').
       (2) Report to congress.--The Director of NIH shall 
     periodically submit to the appropriate committees of Congress 
     a report describing the research and other activities 
     conducted or supported under paragraph (1).
       (3) Authorization of appropriations.--For the purpose of 
     carrying out this subsection, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2001 through 2005.
       (b) Premarket Review of Rapid HIV Tests.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Director of the Centers for Disease Control and 
     Prevention and the Commissioner of Food and Drugs, shall 
     submit to the appropriate committees of the Congress a report 
     describing the progress made towards, and barriers to, the 
     premarket review and commercial distribution of rapid HIV 
     tests. The report shall--
       (A) assess the public health need for and public health 
     benefits of rapid HIV tests, including the minimization of 
     false positive results through the availability of multiple 
     rapid HIV tests;
       (B) make recommendations regarding the need for the 
     expedited review of rapid HIV test applications submitted to 
     the Center for Biologics Evaluation and Research and, if such 
     recommendations are favorable, specify criteria and 
     procedures for such expedited review; and
       (C) specify whether the barriers to the premarket review of 
     rapid HIV tests include the unnecessary application of 
     requirements--
       (i) necessary to ensure the efficacy of devices for donor 
     screening to rapid HIV tests intended for use in other 
     screening situations; or
       (ii) for identifying antibodies to HIV subtypes of rare 
     incidence in the United States to rapid HIV tests intended 
     for use in screening situations other than donor screening.
       (c) Guidelines of Centers for Disease Control and 
     Prevention.--Promptly after commercial distribution of a 
     rapid HIV test begins, the Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall establish or update guidelines that include 
     recommendations for States, hospitals, and other appropriate 
     entities regarding the ready availability of such tests for 
     administration to pregnant women who are in labor or in the 
     late stage of pregnancy and whose HIV status is not known to 
     the attending obstetrician.

     SEC. 503. TECHNICAL CORRECTIONS.

       (a) Public Health Service Act.--Title XXVI of the Public 
     Health Service Act (42 U.S.C. 300ff-11 et seq.) is amended--
       (1) in section 2605(d)--
       (A) in paragraph (1), by striking ``section 2608'' and 
     inserting ``section 2677''; and
       (B) in paragraph (4), by inserting ``section'' before 
     2601(a)''; and
       (2) in section 2673(a), in the matter preceding paragraph 
     (1), by striking ``the Agency for Health Care Policy and 
     Research'' and inserting ``the Director of the Agency for 
     Healthcare Research and Quality''.
       (b) Related Act.--The first paragraph (2) of section 3(c) 
     of the Ryan White Care Act Amendments of 1996 (Public Law 
     104-146; 110 Stat. 1354) is amended in subparagraph (A)(iii) 
     by striking ``by inserting the following new paragraph:'' and 
     inserting ``by inserting before paragraph (2) (as so 
     redesignated) the following new paragraph''.

                        TITLE VI--EFFECTIVE DATE

     SEC. 601. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect 
     October 1, 2000, or upon the date of the enactment of this 
     Act, whichever occurs later.

  The SPEAKER pro tempore. Pursuant to House Resolution 611, the 
gentleman from Oklahoma (Mr. Coburn) and the gentleman from Ohio (Mr. 
Brown) each will control 30 minutes.
  The Chair recognizes the gentleman from Oklahoma (Mr. Coburn).
  Mr. COBURN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is a bill that is long overdue. Before we get into 
the topic of discussions on this bill, I think it is important that the 
American public know that this reauthorization is going to allow at 
least $1 billion per year to be spent in Ryan White CARE Act policies 
and procedures. Also, the American public should know that we are going 
to spend about $10 billion a year on this epidemic, both in terms of 
research, drug treatments, and all associated factors with it.
  As we think about that, if we were to apply the same efforts to many 
other diseases in our country, we would be achieving far more than we 
are today.
  This bill is long overdue. It is long overdue in a lot of ways. It is 
long overdue because the government has failed through the CDC and the 
FDA and the NIH to appropriately handle this epidemic.
  Two decades ago, the HIV/AIDS epidemic was recognized. Our Federal 
response to HIV/AIDS epidemic at that time was to ignore proven public 
health policies. This bill institutes for the first time in the Ryan 
White CARE Act proven public health policies that will, in fact, make a 
difference in the number of people who are infected.
  These include ensuring medical access to all who are infected, not a 
special select few; early intervention in

[[Page 21032]]

people who are infected; reliable disease surveillance and partner 
notification, including a responsibility to not infect anyone else with 
this disease. We will also, for the first time, recognize all of those 
living with HIV rather than focusing exclusively on those with AIDS.
  There are many other noteworthy changes made by this bill. Waiting 
lists to access life-saving HIV medications under the AIDS Drug 
Assistance program will be eliminated. Prevention will be incorporated 
as part of the comprehensive care program. Planning councils will be 
more representative of the infected population. Patients who rely on 
the CARE Act for their well-being will be given a greater voice in 
priority setting, and accountability safeguards will ensure that 
Federal AIDS funds will be spent on needed patient care. This bill will 
also provide Federal assistance to States to ensure that all pregnant 
women with HIV and their children are identified and provided care.
  One of the most promising victories in the battle against AIDS was a 
1994 finding that the administration of a drug could significantly 
reduce the chance that a child born to an HIV positive mother would 
become infected. Yet, despite these miracles, a significant number of 
women still are not tested for HIV during their pregnancy, and hundreds 
of children are needlessly infected each year with an incurable disease 
that will prematurely claim their lives.
  This bill will provide up to $400 million annually to any State that 
makes identifying and ensuring proper care for HIV and infected women 
and their HIV-exposed newborns a priority.
  The two States with such baby AIDS laws, New York and Connecticut, 
have experienced great success. Universal newborn HIV testing has 
resulted in the identification of all HIV-exposed births and has 
allowed hospital and health department staff to ensure that over 98 
percent of HIV positive mothers are aware of their HIV status and have 
newborns referred for early diagnosis and care of HIV infection. That 
is according to Dr. Guthrie Birkhead, the director of the New York AIDS 
Institute.
  Dr. Birkhead noted that the rates of prenatal care have been 
increasing, not decreasing as we were told would happen. There has been 
no detectable change in prenatal participation trends that might be 
related to the newborn testing program.
  The Connecticut baby AIDS law, which requires every newborn to be 
screened for HIV if the mother's status is unknown, was enacted almost 
a year ago. In the first 10 months, 26 newborns who were perinatally 
exposed to HIV have been identified. This is more than four times as 
many as were diagnosed with HIV in the previous 3 years combined.
  This substantial financial incentive amounts to a Federal endorsement 
of universal HIV newborn testing as a routine medical practice. I must 
regrettably note that the organization in my profession that purports 
to represent physicians who care for mothers and women has yet to 
endorse this. The question we ought to ask ourselves is why the 
American College of Obstetricians and Gynecologists, knowing that we 
can save children's lives and we can treat women, has failed to yet 
endorse this.
  This bill will also provide additional resources to support partner 
notification programs so that everyone who has been exposed to HIV is 
given the right to know that exposure. In addition, it will empower 
those who are infected to protect others from infection by providing 
prevention counseling as a part of a comprehensive care program. This 
includes providing advice on how to disclose one's HIV status to a 
potential partner and emphasizing to those living with HIV that they 
have a responsibility not to give this disease to anyone else.
  Finally, the bill recognizes everyone living with HIV and guarantees 
access to life-saving treatment to all who are infected. Current 
funding formulas are based on AIDS infection, the end stage of HIV 
infection. The CDC only recently recommended that States begin tracking 
the full scope of the epidemic, not just AIDS. The American public 
ought to be asking why has it waited so long.
  Over 12 years ago, the Presidential Commission on HIV warned the 
continual focus on AIDS rather than the full spectrum of HIV disease 
has left our Nation unable to deal adequately with the epidemic. Well, 
this bill changes that. This observation was absolutely correct. Yet, 
it was ignored by the CDC and Federal policy makers. The results have 
been devastating.
  While our attention was placed on AIDS, the virus silently spread 
through communities of color, and more and more women became 
unknowingly infected. Only now are AIDS statistics revealing the paths 
that the virus took 10 years ago. Unfortunately, the casualties are 
increasingly rising for women and women of color.
  While women and African-Americans comprise the majority of new HIV 
infections, they also receive less appropriate care according to the 
General Accounting Office. This is a direct result of the CARE Act's 
misplaced emphasis on AIDS data and determining funding and priority 
setting. That has changed with this bill.
  All of these changes, while long overdue, will do much to improve our 
Nation's responsibilities to HIV and AIDS by ensuring medical access to 
all of those who are infected and by providing the proper care for all.
  Mr. Speaker, I include the following letter for the Record, as 
follows:

                                    General Accounting Office,

                                  Washington, DC, August 24, 2000.
     Hon. Tom A. Coburn,
     Vice Chair, Subcommittee on Health and Environment, Committee 
         on Commerce, House of Representatives.
     Subject: Ryan White CARE Act: Title I Funding for San 
         Francisco
       Dear Mr. Coburn: This letter responds to your request for 
     additional information regarding funding for San Francisco 
     under the Ryan White CARE Act. Specifically, you asked that 
     we compare San Francisco's fiscal year 2000 title I grant 
     award, which was determined using the act's hold-harmless 
     provision, with what the award would have been had deceased 
     AIDS cases been included in the calculation. You also asked 
     how funding for San Francisco that was based on the inclusion 
     of deceased AIDS cases would have compared with the amount 
     San Francisco would have received if the fiscal year 2000 
     hold-harmless level had been reduced by 25 percent.
       In brief, San Francisco's fiscal year 2000 title I grant 
     award would have been 26 percent less had both living and 
     deceased AIDS cases been used to calculate the award instead 
     of the current hold-harmless provision. The reason for this 
     result is the substantial decline in newly reported AIDS 
     cases in San Francisco compared with other eligible 
     metropolitan areas (EMA). Therefore, a 25-percent reduction 
     in the current hold-harmless level would have provided San 
     Francisco with funding comparable to what it would have 
     received if title I grants had been calculated on the basis 
     of both deceased and living cases.
       This analysis is based on data obtained from the Centers 
     for Disease Control and Prevention and computer models we 
     developed to calculate how funding would change under various 
     formula scenarios. We performed our work in August 2000 
     according to generally accepted government auditing 
     standards.


                               Background

       The Ryan White CARE Act of 1990 provides health care and 
     preventive services to people infected with the human 
     immunodeficiency virus. Prior to the 1996 reauthorization of 
     the act, the number of both living and deceased AIDS cases 
     was used to distribute title I funds among EMAs. Under this 
     practice, areas of the country with the longest experience 
     with the disease had the most deceased cases and therefore 
     received funding disproportionate to their share of living 
     cases in need of care. The 1996 reauthorization eliminated 
     this practice by counting only live AIDS cases. The effect of 
     the change was to shift funding away from EMAs with higher 
     proportions of deceased cases and toward those with newly 
     diagnosed cases. As geographic trends in the disease change, 
     the revised formula automatically realigns funding with the 
     current distribution of the disease.
       A hold-harmless provision was also included in the 1996 
     reauthorization to provide for a gradual transition to new 
     funding levels for those EMAs that would otherwise have 
     experienced substantial funding decreases. This provision 
     allowed grant awards for affected EMAs to decline by no more 
     than 5 percent by fiscal year 2000. In fiscal year 1996, four 
     EMAs benefited from the hold-harmless provision: San 
     Francisco, New York, Houston, and Jersey City. By fiscal year 
     1999, all but San Francisco had made the transition to the 
     new formula.
       Under the current title I formula, EMAs receive grant 
     awards that are proportional

[[Page 21033]]

     to the number of living AIDS cases. In fiscal year 2000, Los 
     Angeles had 6.9 percent of all AIDS cases nationally and 
     received 6.7 percent of title I funding. Similarly, Miami had 
     4.4 percent of all AIDS cases and received 4.3 percent of 
     title I funding. EMAs received $1,290 in title I funds per 
     AIDS case in fiscal year 2000. However, because of the hold-
     harmless provision, San Francisco's grant award was 
     substantially higher: it received $2,360 per AIDS case, or 80 
     percent more than other EMAs. As a consequence, San Francisco 
     received 6.7 percent of title I formula funding even though 
     it had just 3.8 percent of all living AIDS cases.


                RESULTS OF DIFFERENT FUNDING APPROACHES

       If both deceased and living AIDS cases had been used to 
     calculate fiscal year 2000 title I formula grants instead of 
     the hold-harmless provision, San Francisco's grant would have 
     been about 4.9 percent of all title I formula funding, or 26 
     percent less than it actually was (see fig. 1). Thus, a 25-
     percent reduction in the current hold-harmless level, as 
     provided for in H.R. 4807, would have an effect on San 
     Francisco's funding similar to that of calculating grant 
     awards on the basis of both deceased and living cases.
       An important reason that San Francisco's share of living 
     AIDS cases is so much lower than its share of title I formula 
     funding is that the rate of new cases has declined to a much 
     greater extent in San Francisco than in almost any other area 
     of the country. As figure 2 shows, San Francisco's newly 
     reported AIDS cases dropped by over 50 percent between 1990 
     and 1999, while other EMAs have shown either smaller declines 
     (Los Angeles) or increases (Miami).
       At the start of the decade, Los Angeles and San Francisco 
     were reporting nearly the same number of new AIDS cases 
     (2,130 in Los Angeles and 1,923 in San Francisco). By the end 
     of the decade, San Francisco was reporting half as many new 
     cases as Los Angeles (904 compared with 2,027). Similarly, at 
     the start of the decade, Miami was reporting about half as 
     many new AIDS cases as San Francisco (1,076 in Miami compared 
     with 1,923 in San Francisco). By the end of the decade, Miami 
     was reporting about 70 percent more new cases than San 
     Francisco.
       We did not obtain comments from other parties because your 
     request pertains to the formula provisions in the law and not 
     to the activities of any agency or organization.
       If you have any questions regarding this letter, please 
     contact me at (202) 512-7118 or Jerry Fastrup at (202) 512-
     7211. Greg Dybalski and Michael Williams made major 
     contributions to this work.
       Sincerely yours,
                                                   Janet Heinrich,
                              Associate Director, Health Financing

                                         and Public Health Issues.

  Mr. Speaker, I reserve the balance of my time.

                              {time}  1045

  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  I first want to commend the gentleman from Oklahoma (Mr. Coburn) and 
the gentleman from California (Mr. Waxman) for their outstanding work 
on the Ryan White CARE Act Amendments of 2000.
  I also want to acknowledge the gentlewoman from California (Ms. 
Eshoo). Her constituents should know she worked exceptionally hard on 
this bill, particularly on those provisions with particular 
significance to San Francisco. The same can be said of the gentlewoman 
from California (Ms. Pelosi). She deserves a great deal of credit and 
praise for her ongoing involvement and input on these provisions.
  This bill required a tremendous amount of work and negotiation. Staff 
members Paul Kim and Roland Foster put in a staggering number of hours, 
and it shows in the quality of the final product. John Ford, Marc 
Wheat, Karen Nelson, Eleanor Dehoney also deserves our thanks, as well 
as Stacey Rampey and Scott Boule.
  Over the last several years, much has been written about ``The 
changing face of AIDS.'' This is not a wholly accurate 
characterization. HIV/AIDS is not a moving target. It does not leave 
one population when it moves to another population. Instead, HIV/AIDS 
expands to absorb new populations while continuing its progression in 
groups already affected by the virus.
  When the AIDS epidemic surfaced in this country 19 years ago, white 
gay males were the at-risk population. That has not changed. The 
population still is at an elevated risk. But the epidemic has expanded 
its reach dramatically in these 2 decades. The latest HIV/AIDS 
statistics show that African American and Latino communities are 
significantly over-represented in the number of new HIV infections. 
African Americans comprise 12 percent of the population but accounted 
for more than 50 percent of the estimated 40,000 new HIV infections in 
1999.
  The aggressive nature of this virus calls for an equally aggressive 
response, and it speaks to the importance of updating and reauthorizing 
the Ryan White Act. Ryan White programs get information and services to 
the people who need them. They combat the illness as well as the 
alienation and isolation that can be one of its most disabling effects.
  If HIV/AIDS is a war, and it is set to kill more people worldwide 
than World War I, World War II, Korea, and Vietnam combined, then the 
Ryan White programs are this Nation's front line defenses. The act was 
created in memory of Ryan White, a young teenager who became a national 
hero in the fight against HIV/AIDS. Ryan wanted to attend school. He 
wanted to be treated like other young people. Those seem like modest 
goals, but he had to overcome tremendous obstacles to achieve them.
  Ryan was a hemophiliac and contracted HIV through a bad blood 
transfusion. But he fought against ignorance, he fought against fear, 
he fought against prejudice on behalf of all individuals with HIV/AIDS. 
Ryan died on April 8, 1990, at the age of 18. Ten years after his 
death, the law named after him carries on his legacy.
  The Ryan White CARE Act has made a tremendous difference in the lives 
of people living with HIV/AIDS. In my district, which includes much of 
Ohio's only title I-eligible metropolitan area, so-called EMA, Ryan 
White programs provide primary care and support services and the kinds 
of medications that can tame HIV/AIDS into a chronic, rather than an 
acute, illness. There is more to do, and the Ryan White Act will 
continue to play a pivotal role.
  In Ohio, while AIDS deaths have declined, the incidence of HIV/AIDS 
has increased dramatically. After declining steadily, the incidence of 
HIV/AIDS among young gay males is again on the rise. HIV/AIDS is 
expanding into new populations while continuing to spread in those 
populations originally at risk. Prevention is vital; treatment is 
vital; Ryan White programs are vital.
  During the 13th International AIDS Conference held in Durbin, South 
Africa, scientists shared some amazing research findings. These 
findings provide sorely needed hope for developing nations ravaged by 
HIV/AIDS. The research indicates that the so-called AIDS cocktails, 
which have revolutionized HIV/AIDS treatment in the U.S. and other 
industrialized nations, can be successfully used even in countries 
lacking a sophisticated health care infrastructure.
  That does not mean it will be easy. There must have been times when 
Ryan White himself felt overwhelmed by the intransigence, the 
callousness, and the hatred that he encountered. This Nation should 
fight AIDS here and abroad with that sense of commitment that he had. 
Reauthorizing Ryan White is part of that commitment, and I urge its 
passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COBURN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Bilirakis), the chairman of the 
Subcommittee on Health of the Committee on Commerce.
  Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman for yielding me 
this time and for being here to lead our side on this very, very 
significant bill.
  I too arise in support of this amendment to S. 2311, the Ryan White 
CARE Act Amendments of 2000. This final legislation is the result of 
negotiations between the Senate and the House, and the resulting bill 
is designed to bring the CARE Act into the 21st century.
  I salute my committee colleagues, the gentleman from Oklahoma (Mr. 
Coburn) and the gentleman from California (Mr. Waxman), for their 
excellent work on this legislation; and I urge Members to support its 
passage.
  My Subcommittee on Health and Environment held a hearing on the bill, 
and the full Committee on Commerce approved it by voice vote after 
adopting several bipartisan amendments to further refine and strengthen 
this very important measure.

[[Page 21034]]

  Before the August recess, the House approved legislation to 
reauthorize the Ryan White CARE Act with strong bipartisan support. The 
act provides critical funding to address the needs of patients living 
with HIV and AIDS. S. 2311 reflects the agreements reached between the 
House and the Senate, and I expect this bill to be signed into law in 
the near future.
  The Ryan White Comprehensive AIDS Resources Emergency, or ``CARE'' 
Act as we call it, was enacted in 1990 and Congress approved bipartisan 
legislation to reauthorize the law in 1996. The Ryan White CARE Act 
provides critical funding for health and social services to the 
estimated 1 million Americans living with HIV and AIDS. The bill before 
us will ensure that these patients continue to receive the care and 
medications they need to enhance and prolong their lives.
  The bill makes an important change by relying on the number of HIV-
infected individuals as opposed to only the number of persons living 
with AIDS as the basis for allocating funding under titles I and II of 
the Ryan White CARE Act. By targeting resources to the front line of 
the epidemic, we will be able to reduce transmission rates and ensure 
the necessary infrastructure is in place to provide care to HIV-
positive individuals as soon as possible.
  This change will allow the Federal Government to be proactive instead 
of reactive in the fight against HIV and AIDS. It should be noted, 
however, Mr. Speaker, that this shift will only occur when reliable 
data on HIV prevalence is available.
  The bill also includes a ``hold harmless'' provision to ensure that 
no metropolitan area will suffer a drastic reduction in CARE Act funds. 
The bill which originally passed the House would have hurt certain 
cities such as San Francisco. In this regard, Mr. Speaker, I will 
submit for the Record a letter that GAO sent to the gentleman from 
Oklahoma (Mr. Coburn). After lengthy negotiations, it has been agreed 
the hold harmless reduction will be a compromised 15 percent over the 
next 5 years.
  The Ryan White CARE Act must be reauthorized to improve our public 
health strategies. The bill before us will ensure that the HIV/AIDS 
epidemic can be tracked more accurately and that appropriate funding 
and information about this disease can be directed effectively. I have 
been very encouraged to hear from patient advocates in support of this 
measure. For example, AIDS Action stated that it is ``very pleased with 
the compromise bill that has been negotiated between the House and the 
Senate. It represents a modernization of the CARE Act and will allow us 
to provide quality care for people with HIV and AIDS.''
  In closing, Mr. Speaker, I want to again recognize the hard work of 
all the Members and their staffs, whose bipartisan efforts advanced 
this reauthorization bill. The gentleman from Oklahoma (Mr. Coburn) and 
the gentleman from California (Mr. Waxman), who I mentioned previously, 
and staff members Roland Foster and Paul Kim worked very hard to 
advance this measure in the House, working with Senators Jeffords, 
Frist, and Kennedy. And obviously, working with my counterpart on the 
other side in the subcommittee, the gentleman from Ohio (Mr. Brown), 
the gentleman from Michigan (Mr. Dingell), et cetera, we were able to 
craft this compromise legislation.
  It is a critical piece of legislation that can literally save lives, 
and I urge all Members to join me today in supporting this important 
legislation.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 5 minutes to the gentlewoman 
from California (Ms. Pelosi), who has been one of the real leaders in 
this whole process in pulling this bill together.
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I want to compliment him on his great leadership on this 
legislation; he and the gentleman from Florida (Mr. Bilirakis) for 
their leadership, and I associate myself with the comments that the 
gentleman from Florida made in recognition of those who worked so hard 
to make it a success; and, if it is allowed, to especially recognize 
the work of Senator Kennedy for bringing about the compromises that 
exist in this bill.
  The gentleman from California (Mr. Waxman) has been a champion in 
Congress since the onset of the AIDS epidemic, and his leadership is 
very much in evidence in this bill; and the ranking member, the 
gentleman from Ohio (Mr. Brown), helped us through some difficult times 
here, but I think the product is one that this whole body can 
wholeheartedly support. That is why, Mr. Speaker, I rise in strong 
support of the reauthorization of the Ryan White CARE Act.
  Passage of this vital legislation is the most important action this 
Congress can take on the issue of AIDS this year. And I would like to 
thank again the Committee on Commerce, the gentleman from Michigan (Mr. 
Dingell), the gentleman from Virginia (Mr. Bliley), the gentleman from 
Florida (Mr. Bilirakis), the gentleman from California (Mr. Waxman), 
the gentleman from Ohio (Mr. Brown), and also point out the 
distinguished work of the gentlewoman from California (Ms. Eshoo).
  The gentlewoman from California (Ms. Eshoo) lives in the same 
metropolitan area that I do. We are in the same area for care and 
treatment and prevention for people with HIV/AIDS. This is about care 
today, but her leadership on the committee has been indispensable to 
the success that we see here today with this legislation.
  Since the beginning of the AIDS epidemic, my district in San 
Francisco has been one of the most severely impacted in the country. 
When I came to the Congress 13 years ago, we had already lost over 
13,000 of our friends and loved ones to the AIDS epidemic. That is 
13,000, 13 years ago. We have suffered greatly, but we have learned a 
lot we would like the rest of the country to benefit from as we have 
responded to this challenge.
  The Ryan White CARE Act was modeled on a system of community-based 
care that we developed to face the crisis in the 1980s. As a result of 
this work early in the epidemic, San Francisco produced data that 
showed the country that comprehensive HIV/AIDS care and services not 
only saved lives but also saved money and valuable health care 
resources. Today, the CARE Act programs provide foundation for care and 
treatment for low-income individuals with HIV and AIDS.
  The recent declines we have seen in AIDS deaths are a direct result 
of the therapies and services that have been made more widely available 
through the CARE Act to large numbers of uninsured and underinsured 
people with HIV and AIDS. Each year, the CARE Act ensures that 
approximately half a million people, 500,000 people, living with HIV 
and AIDS have access to the medical services, including pharmaceuticals 
that are needed to sustain and prolong life. This represents 
approximately two-thirds of the individuals living with HIV/AIDS in 
this country.
  Although great strides have been made, there is much more to be done. 
The combination therapies that have brought us so much hope are still 
not reaching all those in need. The changing nature of the HIV/AIDS 
epidemic, along with the continuing impact of it in traditionally 
affected communities, has created new challenges for the CARE Act. 
People of color now represent the majority of new AIDS cases, and the 
proportion of new AIDS cases among women has grown from 11 percent in 
1990 to 23 percent in most recent statistics.
  In addition, new HIV infections have remained constant at 40,000 
cases per year. These new infections, combined with the decline in AIDS 
deaths, means more individuals than ever before are living with HIV and 
in need of treatment regimens that are costly, complicated and 
lifelong. As a result, the demand on HIV care providers has grown.
  The Ryan White CARE Act's remarkable ability to adapt to the changing 
nature of the AIDS epidemic was confirmed earlier this year when a GAO 
report concluded that the CARE Act is helping our public health 
infrastructure adjust to these new challenges by

[[Page 21035]]

directing services to African Americans, Hispanics, and women in higher 
proportions than their representation in the AIDS population.
  Again, I thank our colleagues, including the gentleman from Oklahoma 
(Mr. Coburn) and the Committee on Commerce for their great work. This 
program is an important example of the way that effective leadership at 
the Federal, State, and local levels can translate into improved health 
outcomes for the people of this country. I think it also is a wonderful 
example of bipartisanship, where we can all come together and give what 
I hope will be unanimous support for this act. I urge my colleagues to 
vote ``yes'' on the reauthorization.
  Mr. Speaker, I serve on the Subcommittee on Labor, Health and Human 
Services, and Education of the Committee on Appropriations, and one of 
the priorities we have there is research, prevention, and care for 
people with HIV/AIDS.

                              {time}  1100

  We want to focus heavily on prevention. We must continue our research 
for a cure. We are trying to find a vaccine and, hopefully, that will 
happen before not too long. But we must never forget the people out 
there who are diagnosed with HIV and AIDS now.
  I am pleased that the bill eventually will recognize and count those 
infected with HIV but not full-blown cases of AIDS in the numbers and 
in the formula. I wish that would have been sooner. But, nonetheless, 
there is the recognition. I commend the legislators on the committee, 
members of the committee, for making that distinction and having it be 
a part of our formula down the road.
  Once again, Mr. Speaker, I want to commend the gentleman from 
California (Mr. Waxman) who I see now on the floor. As I said earlier, 
he has been a champion since day one on this issue. We have all been 
very well-served by his leadership, that of the gentleman from Ohio 
(Mr. Brown) and others.
  I urge my colleagues to vote aye.
  Mr. COBURN. Mr. Speaker, I ask unanimous consent that the remainder 
of the time on our side be controlled by the gentleman from Florida 
(Mr. Bilirakis).
  The SPEAKER pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from Oklahoma?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman 
from Maryland (Mrs. Morella).
  Mrs. MORELLA. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I rise in strong support of the Ryan White CARE Act 
Amendments of 2000. I want to thank the gentleman from Florida 
(Chairman Bilirakis) for his leadership in bringing this bill to the 
floor and the gentleman from Ohio (Mr. Brown), the ranking member, for 
his role in so doing.
  And also, there are other colleagues of ours who deserve particular 
attention. The gentleman from Oklahoma (Mr. Coburn), the gentleman from 
California (Mr. Waxman) and the gentleman from Ohio (Mr. Brown) worked 
very hard. They were dedicated in their commitment and their hard work 
has paid off for these critical programs.
  The CARE Act represents the largest authorization of Federal funds 
specifically designated to provide health and social services to people 
infected with HIV. Declaring an AIDS emergency, Congress passed the 
Ryan White Comprehensive AIDS Resources Emergency Act in August of 
1990. Six years later, we voted to reauthorize the CARE Act by a 
unanimous vote in the House of Representatives and a 97-3 vote in the 
Senate.
  Over the last 9 years, the CARE Act has helped increase the 
availability of primary care health and support services especially for 
the uninsured and underinsured persons with HIV disease. The multi-
title structure of the CARE Act has worked effectively to dramatically 
improve the quality of life for people living with HIV and their 
families. It has helped to reduce cost of inpatient care and increase 
access to care for underserved populations, including people of color.
  The legislation we are considering today revises the grant formulas 
to shift the emphasis of the programs away from treating people with 
full-blown AIDS to people with the viral precursor, HIV, of AIDS. This 
legislation includes a new formula beginning in 2005 for distributing 
funds to States and cities based on the number of both AIDS and HIV 
cases compared to the current formula, which allocates funds based 
solely on AIDS cases.
  Also included in this measure is $20 million to reduce HIV mother-to-
child transmission. The bill also addresses prevention of the disease 
by including $30 million for tracking the disease and encouraging 
people to notify their partners.
  Additionally, those receiving care through Ryan White programs are 
required to enroll in counseling programs.
  Today, promising new drug therapies have brought new hope and new 
challenges to the battle against the epidemic, but these new drugs do 
not constitute a cure and an effective vaccine is still years away. 
Moreover, the treatments do not work for everyone, they are difficult 
to access especially for communities of color, and their long-term 
efficacy remains unknown. Nonetheless, AIDS deaths have declined 
dramatically in the last 3 years and more people are living longer with 
HIV.
  The HIV/AIDS epidemic thus remains an enormous health emergency in 
the United States, and it will remain so into this century. The state 
of the epidemic points to an increase rather than a decrease in the 
overall need for health care, drug treatment, social services. As a 
Nation, we must continue our effort to expand access to these services 
for people living with HIV/AIDS, particularly in communities of color 
and women.
  This Ryan White CARE Act has proven to be an essential and effective 
part of the Federal response to the HIV/AIDS crisis. This legislation 
will ensure we continue this response.
  I certainly ask this body to support this comprehensive, meaningful 
and truly successful legislation.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 4\1/2\ minutes to the 
gentleman from California (Mr. Waxman) who played a very central role 
in the negotiations on this bill.
  Mr. WAXMAN. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I rise in strong support of S. 2311, the Ryan White CARE 
Act Amendments of 2000.
  As the original author of the Ryan White CARE Act and the coauthor of 
the House reauthorization bill, H.R. 4807, I want to applaud the 
Members and the staffs on both sides of the aisle for moving this 
crucial legislation with such speed and bipartisan cooperation.
  I want to recognize the gentleman from Oklahoma (Mr. Coburn) for his 
commitment to reauthorizing this Act and his leadership in fashioning 
the compromises that allowed us to move the bill I think virtually 
unanimously through the House and to get an agreement with the Senate. 
He made this consensus legislation a reality.
  The gentleman from Florida (Chairman Bilirakis), the gentleman from 
Ohio (Mr. Brown), the gentleman from Virginia (Chairman Bliley), and 
the gentleman from Michigan (Mr. Dingell) have lent their unqualified 
support. And numerous Members, including the gentlewoman from 
California (Ms. Pelosi), the gentleman from New York (Mr. Towns), the 
gentlewoman from California (Ms. Eshoo), the gentleman from Texas (Mr. 
Rodriguez) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) have helped ensure its passage.
  Mr. Speaker, the original CARE Act was enacted in the wake of a 
decade of lost opportunities. I told this House in 1990 that, ``Having 
missed our opportunity to provide an ounce of prevention, we must now 
prepare to pay for pounds and pounds of cure.''
  Today, the AIDS epidemic is everywhere. It threatens everyone. But 
there is still no vaccine and there is still no cure. Nevertheless, the 
Ryan White CARE Act has made an enormous difference. It provides care 
to tens of

[[Page 21036]]

thousands of Americans living with HIV/AIDS. It helps their families 
cope with the burdens of AIDS and HIV infection, and it provides 
urgently needed funding to community providers and hospitals to combat 
the epidemic.
  Today's overwhelming bipartisan support for the CARE Act demonstrates 
that Congress understands how crucial it is to the health and welfare 
of our country.
  Mr. Speaker, this legislation preserves the best features of the CARE 
Act while making reforms to better respond to a changing epidemic.
  First and foremost, this legislation better addresses the needs of 
individuals with HIV who have not developed AIDS. In 2004, we will 
determine whether to use nationwide data on HIV infection in the CARE 
Act. I believe this will happen, and I have been told by the State of 
California that they will have such data by 2004.
  We also call on States and cities to do more to reach those who are 
not receiving care and to serve the needs of our historically 
underserved communities. We call for ending lingering disparities in 
care and for better coordination of HIV/AIDS treatment with prevention.
  We have also focused CARE Act programs on the needs of vulnerable 
populations. Funds will be allocated to better reflect the proportions 
of women, children, infants and youth with HIV. I expect this will 
increase such funding for those populations in the future.
  This legislation also greatly expands our national effort to 
eliminate the perinatal transmission of HIV/AIDS. These new funds will 
help bring the number of babies born with HIV in our country down to 
zero.
  We also redirect funding to cities and States in the greatest need of 
assistance. The title I and title II ``hold harmless'' provisions have 
been revised to ensure a manageable transition to funding allocations 
which better reflect the epidemic. At the same time, potential 
disruptions in patient care are minimized. And the title I, title II, 
and AIDS Drug Assistance Program (ADAP) supplemental grants will assist 
cities and States with the greatest need of funds.
  These are the principal reforms to the CARE Act. They will expand 
access, improve quality, and enhance services for individuals with HIV 
and AIDS.
  Regrettably, Mr. Speaker, much more could be done and much more needs 
to be done. We must expand Medicaid to provide care to individuals with 
HIV who have not developed AIDS. We must lead the global search for an 
effective HIV vaccine and a cure for AIDS. And we must provide 
resources and our hard-earned expertise to help other countries combat 
the epidemic.
  For today, though, I am pleased that we will fulfill the expectations 
of Jeanne White, the mother of Ryan White, and of so many Americans 
living with HIV and AIDS by reauthorizing the Ryan White CARE Act.
  Mr. Speaker, I rise in strong support of the Ryan White CARE Act 
Amendments.
  As the original author of the Ryan White CARE Act and the co-author 
of the House reauthorization bill, H.R. 4807, I want to applaud the 
Members and the staff on both sides of the aisle for moving this 
crucial legislation with such speed and bipartisan cooperation.
  I want to recognize Dr. Coburn for his commitment to reauthorizing 
the CARE Act. He has made this consensus legislation a reality. 
Chairman Bilirakis and Mr. Brown, Chairman Bliley and Mr. Dingell have 
lent their unqualified support. And numerous Members, including Ms. 
Pelosi, Mr. Towns, Mr. Eshoo, Mr. Rodriguez and Dr. Christensen, have 
helped ensure its passage.
  Mr. Speaker, the original CARE Act was enacted in the wake of a 
decade of lost opportunities. I told this House in 1990 that, ``Having 
missed our opportunity to provide an ounce of prevention, we must now 
prepare to pay for pounds and pounds of cure.''
  Ten years ago, there were those who spoke of the AIDS epidemic as a 
thing of the past. There were those who dismissed the disease as a 
danger to others, and not themselves. And there were those who opposed 
the Ryan White CARE Act.
  Mr. Speaker, they were wrong then, and they are wrong today. The AIDS 
epidemic is everywhere. It threatens everyone. It is devastating the 
globe from Russia to subSaharan Africa. And there is still no vaccine. 
There is still no cure.
  But in the face of these challenges, the CARE Act has made a 
difference. The CARE Act provides care to tens of thousands of 
Americans living with HIV/AIDS. If helps their families cope with the 
burdens of AIDS and HIV infection. And it provides urgently needed 
funding to community providers and hospitals to combat the epidemic.
  Today's overwhelming bipartisan support for the CARE Act demonstrates 
that Congress understands how crucial it is to the health and welfare 
of our country.
  Let me highlight the important ways this legislation preserves the 
best and proven features of the CARE Act, while making important and 
substantial reforms to better respond to a changing epidemic. I am 
particularly pleased that this consensus House and Senate legislation 
reflects virtually all of the provisions and agreements reached by this 
House in H.R. 4807.
  Most important of all, this legislation better addresses the needs of 
individuals with HIV who have not developed AIDS. With 40,000 new 
infections every year and improved prospects for delaying the onset of 
AIDS, the number of new deaths from AIDS has declined but the number of 
individuals with HIV is rising inexorably. In response, this 
legislation calls on the Secretary of Health and Human Services to 
determine in 2004 whether we have nationwide data on accurate and 
reliable cases of HIV infection which can be used in allocating CARE 
Act funds. I believe this will happen, and I have been told by the 
State of California that they are confident they will have such data by 
2004.
  We also call on States and cities to better determine the number and 
demographics of individuals with HIV. We require special efforts to 
reach those who are not receiving care and serve the needs of our 
historically underserved communities. We call for ending lingering 
disparities in care. And we require States, cities and the Federal 
government to develop new strategies to better coordinate HIV/AIDS 
treatment with prevention.
  The need for better coordination cuts across systems of care, Federal 
agencies, States, cities, providers and community organizations. Ten 
years ago, I described the CARE Act as providing ``a continuum of 
prevention services--counseling and testing, diagnostics for those who 
test positive, and therapeutics for those whose diagnostics indicate a 
medical intervention.'' Patients receiving care under the CARE Act 
today deserve seamless continuity between testing, counseling, 
treatments, support and prevention services.
  Just last week, the Institute of Medicine released a comprehensive 
report on our nation's HIV prevention efforts. They concluded that 
``prevention services for HIV-infected people should be integrated into 
the standard of care at all primary care centers, sexually-transmitted 
disease clinics, drug treatment facilities, and mental health 
centers.'' This is precisely what we set out to accomplish in H.R. 
4807, and this policy is reflected fully in this final consensus 
legislation.
  This legislation also strengthens the responsiveness of CARE Act 
programs to the public. Title I Planning Councils will include a 
greater number of independent individuals with HIV/AIDS. Planning 
Council meetings and records will be exposed to greater public 
``sunshine.'' All Planning Council members will receive improved 
training. And States will make their planning more accessible to a 
broader range of public stakeholders.
  We have also focused CARE Act programs on the needs of vulnerable 
populations. Just yesterday, the Office of National AIDS Policy 
announced that half of the 40,000 new HIV infections every year occur 
among our teens and young adults. In this legislation, funds will be 
allocated to better reflect the proportions of women, children, infants 
and youth with HIV. I expect this will increase such funding for these 
populations in the future.
  We have also strengthened the Title IV program for medical care, 
social services, and access to research for low-income children, youth, 
women and families. States and cities must develop novel strategies to 
coordinate their HIV/AIDS services and substance abuse services. And 
the Secretary of Health and Human Services must develop a plan in 
consultation with the Attorney General for the treatment of prisoners 
with HIV/AIDS.
  This legislation greatly expands our national effort to eliminate the 
perinatal transmission of HIV/AIDS. The last ten years have seen a 
dramatic decline in such cases, due largely to the treatment of 
pregnant mothers with zidovudine. In an important compromise, we have 
increased an existing $10 million CARE Act grant program by $20 
million, with a proportion of new funds set aside for States with 
either mandatory newborn testing or significant declines in perinatal 
transmission. I am confident these funds will be well spent on offering 
counseling and testing to all pregnant

[[Page 21037]]

women, outreach to high-risk women and other innovative prevention 
efforts.
  Funding has also been redirected to cities and States with the 
greatest need of additional assistance. The Title I and Title II ``hold 
harmless'' provisions have been revised to ensure a manageable 
transition to funding allocations which better reflect the current 
distribution and epidemiology of the epidemic. This will be 
accomplished while minimizing potential disruptions in care for 
individuals with HIV/AIDS. Under Title II, States' base funds as well 
as their total funding will be held harmless to a small percentage of 
loss.
  Under Title I, a city's potential loss in its formula allocation is 
limited to a percentage of the amount allocated to the city in the base 
year preceding its need for the hold harmless. In its fifth, 
consecutive year of need for the hold harmless, a city would lose no 
more than 15 percent of its base year allocation. Such losses would not 
be compounded, as was contemplated in the original Senate bill. But if 
the Secretary determines that data on HIV prevalence will be used in 
Title I formula grants in 2005, no city may lose more than 2 percent of 
its 2004 formula allocation in 2005.
  Additionally, Title I supplemental grants and new AIDS Drug 
Assistance Program (ADAP) supplemental grants will be directed to 
cities and States with ``severe need'' for such funding, based on more 
objective and quantitative criteria. And new Title II supplemental 
formula grants will be given to ``emerging communities'' with AIDS case 
counts which fall below the threshold for Title I eligibility.
  These are the principal reforms to the CARE Act. They will expand 
access, improve quality and enhance services for individuals with HIV/
AIDS. And I want to recognize the hard work of House staff, including 
Roland Foster, Paul Kim, Karen Nelson, Marc Wheat, John Ford, Eleanor 
Dehoney, Brent Delmonte, Katie Porter, Anne Esposito and House 
Legislative Counsel Pete Goodloe, in making this possible.
  Mr. Speaker, much more could be done and much more needs to be done. 
We must expand Medicaid to provide care to individuals with HIV who 
have not developed AIDS. We must lead the global search for an 
effective HIV vaccine and a cure to AIDS. And we must provide resources 
and our hard-earned expertise to help other countries combat the 
epidemic.
  For today, though, I am pleased we will fulfill the expectations of 
Jeanne White, the mother of Ryan White, and of so many Americans living 
with HIV and AIDS by reauthorizing the Ryan White CARE Act.
  Mr. BILIRAKIS. Mr. Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. Gilman) the chairman of the Committee on International 
Relations.
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I rise today in support of S. 2311, the Ryan White CARE 
Act Amendments as adopted by the Senate. It is a primary source of 
Federal AIDS prevention and treatment funding. I commend the gentleman 
from Florida (Mr. Bilirakis), the subcommittee chairman on health and 
environment; the gentleman from Oklahoma (Mr. Coburn); the gentleman 
from Ohio (Mr. Brown); and the gentleman from California (Mr. Waxman) 
for their full support of this important measure.
  This legislation accomplishes many of our most important HIV goals: 
modifying the eligibility requirements and allocation formulas for 
grants to State and local governments; giving States increased 
flexibility to provide a wider range of treatments and support 
services; emphasizing the provision of services for women, infants, and 
children by substituting special grant set-asides; capping 
administrative and evaluation expenses for the grant programs; and 
requiring States to implement the Center for Disease Control guidelines 
regarding HIV testing and counseling for pregnant women.
  Also included in this measure is an important fund, $20 million, to 
reduce HIV transmission from mothers to their babies and $30 million 
for tracking the disease and encouraging people to notify their 
partners, and provisions to require people receiving care through Ryan 
White programs to enroll in counseling programs.
  In short, Mr. Speaker, this legislation not only demonstrates the 
bipartisan humanitarian spirit of this Congress, but also in working 
together in areas of mutual concern that we can accomplish worthy 
goals.
  Accordingly, I am in strong support of the Ryan White CARE Amendments 
and I urge our colleagues to adopt it at the earliest possible date.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 2\1/2\ minutes to the 
gentlewoman from California (Mrs. Capps) who is a registered nurse and 
has been a real leader on all kinds of public health issues.
  Mrs. CAPPS. Mr. Speaker, I thank my colleague for yielding me the 
time.
  Mr. Speaker, I rise in strong support of the Ryan White CARE Act 
Amendments of 2000. I commend my colleagues on the Committee on 
Commerce and others for all of their hard work.
  Today's medical advances allow many individuals with AIDS to lead 
longer and more productive lives. However, as patients live longer, the 
cost of their care and treatment has placed an ever-greater demand on 
community-based organizations and State and local governments.
  In the face of these challenges, the Ryan White CARE Act has made a 
great difference. This CARE Act provides care to tens of thousands of 
Americans living with HIV/AIDS.
  Recently I spoke with the Health Educator, Jayne Brechwald, with the 
Santa Barbara County Health Care Services in my district. She works on 
a daily basis with members of the community who benefit greatly from 
Ryan White funding. She spoke in strong support of funding for crucial 
services such as Meals on Wheels, food banks, housing counseling. She 
also praised programs which help those diagnosed navigate the options 
available for them. These include the medical care, education, and 
dental care that are so important during this terrifying time in a 
person's life.
  In Jayne's words, ``Ryan White funding is really about local control. 
The program requires that we do a needs assessment every year so that 
we have a very targeted, specific idea of how the population we serve 
is changing and how the funding is being utilized.''
  I believe that the Ryan White Act represents the Federal Government 
at its best. This program defers to local expertise, while providing 
the needed helping hand of targeted Federal funding.
  Mr. Speaker, I applaud this legislation and urge its passage.
  Mr. BILIRAKIS. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from Pennsylvania (Mr. Greenwood).
  Mr. GREENWOOD. Mr. Speaker, I thank the gentleman for yielding me the 
time. I also thank the gentleman from Florida (Mr. Bilirakis) for his 
leadership on this issue; as well as the minority chair of the 
Subcommittee on Health, the gentleman from Ohio (Mr. Brown); and the 
gentleman from Oklahoma (Mr. Coburn) and the gentleman from California 
(Mr. Waxman) for their collaboration. Anytime the gentleman from 
Oklahoma (Mr. Coburn) and the gentleman from California (Mr. Waxman) 
agree on something, it has got to be pretty close to right on.
  Mr. Speaker, I also want to thank Dorothy Mann from the Philadelphia 
area, a friend of mine, who helped negotiate one of the toughest 
aspects of this bill; and that has to do with the testing of newborns.

                              {time}  1115

  AIDS is clearly the worst epidemic in modern history. It is a 
tragedy, and it has struck down so many millions of people around the 
world. But of all of its victims, certainly the children, the newborns, 
are the most innocent and the ones who tug most heavily on our hearts.
  Four million women become pregnant in this country every year and 
7,000 of those 4 million women are HIV positive. Several hundred of the 
babies that they bear will be born HIV positive. Of those little 
children, fully half of them will die before they reach the age of 3; 
and by the age of 5, 90 percent of them have perished. So obviously 
anything that can be done to rescue these children from that horrible 
fate needs to be done. When a woman's HIV status is known during her 
pregnancy, in two-thirds of the cases the child can be prevented from 
becoming HIV positive with AZT treatments that are given during 
pregnancy, during labor

[[Page 21038]]

and several weeks afterwards, and Cesarian deliveries seem to very 
dramatically reduce the likelihood that the child will become HIV 
positive.
  What we have done in this bill to try to solve the logjam between 
those who do and those who do not believe in mandatory testing is we 
have put $30 million in here to go to those States that either have 
mandatory testing laws or do the most through a variety of programs to 
reduce the incidence of HIV being passed on to newborns. In New York, 
they have had a law on the books for 3 years; and they have been able 
to identify every child who could potentially become exposed to HIV 
through delivery. They have been able to prevent all of that. In 98 
percent of the cases, the mother has been able to get treatment. It has 
been wildly successful.
  This bill goes a long way to making sure that that track record will 
apply to every State in the Union.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 2 minutes to the 
distinguished gentlewoman from the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding time, and 
I thank him and his partners on the other side for their hard work in 
bringing this most important legislation to the floor.
  This week, the surgeon general was quoted as saying the epidemic has 
evolved to become increasingly an epidemic of people of color, of women 
and of the young. We have got to get rid of this epidemic, not let it 
evolve; and what we are doing here this morning will have a great deal 
to do with getting rid of it.
  The disease has moved to a devastating place, Mr. Speaker, to the 
poorest communities of color. Blacks are only 12 percent of the 
population. They are 50 percent of the new cases. Almost 80 percent of 
the new cases among women are black and Latino women. Half of the new 
cases occur in youth. We are now finding that we have to educate each 
new cohort perhaps every 4 or 5 years of gay men because the newest 
cohort needs to learn what those that have passed on in their 20s 
perhaps had to learn. We are dealing with a preventable disease. But 
when people get this disease, they need our care and they need our 
love.
  I am grateful to the gay and lesbian community of this country for 
the way in which they brought this issue to the forefront and now have 
helped us gather a bipartisan majority for the Ryan White bill. If we 
continue to do what we are doing today, we will show what we all know, 
that this is a disease, unlike heart disease and unlike cancer, that we 
can prevent. This is a disease that we can eliminate. I thank all of 
those who contributed to this moment on the House floor.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 2 minutes to the gentlewoman 
from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, I rise in support of H.R. 4807, to 
reauthorize the Ryan White CARE Act. This reauthorization is very 
important to our Nation. It is particularly important to my 
constituents in the North Bay across the Golden Gate Bridge from San 
Francisco, and for all of the people in the entire San Francisco Bay 
region. This act provides crucial services for care and treatment for 
individuals with HIV and AIDS. To date, the CARE act has worked to 
dramatically improve the quality of life for people living with HIV and 
for their families. It has reduced the use of costly inpatient care as 
well as increased the access to high-quality care for underserved 
populations.
  By supporting this important legislation, Mr. Speaker, we are 
ensuring that the thousands of Americans living with HIV/AIDS can 
continue to receive the care and the treatment that is absolutely 
necessary for their comfort and for their survival.
  Mr. Speaker, we must spare no effort to fight the HIV/AIDS epidemic. 
By reauthorizing the Ryan White CARE Act, we are taking a positive step 
to successfully dealing with this very deadly disease. We must adopt 
the reauthorization.
  Mr. BROWN of Ohio. Mr. Speaker, I yield 2 minutes to the gentleman 
from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I rise today in strong support of 
the Ryan White CARE Act. And I rise because this legislation has meant 
so much to so many people throughout the country. The Ryan White CARE 
Act has meant so much that there are many people who feel as they tell 
their stories that without it they simply would not be alive.
  Mr. John Davis, the newly elected cochair of the city of Chicago's 
HIV services planning council, says if it was not for the Ryan White 
CARE Act, he would probably be dead. Mr. Davis, a former heroin addict, 
says that his road to recovery began with him seeking help at a Ryan 
White-funded housing program.
  Like Mr. Davis, thousands of others throughout the country have had 
the same experiences. Mr. Derrick Hicks from Chicago is able to live 
longer and get access to medications he may not otherwise be able to 
afford. And so, as we continue to see the impact and the effects of 
this program throughout the country, I simply rise to support it and 
say that without it many people would not have had the quality of life. 
I urge continued support.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself the balance of my 
time.
  I again ask for this House's support for the Ryan White CARE Act. It 
is a tremendous testament to bipartisanship support and the negotiating 
skills of the gentleman from Oklahoma (Mr. Coburn) and the gentleman 
from California (Mr. Waxman) and their staffs. I ask for unanimous 
support from this House for this very good legislation that will make a 
big difference in dealing with this dreadful disease.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to echo the remarks that the gentleman from 
Ohio (Mr. Brown) just made. I had planned to do so, also. It is just 
amazing what can be done from a bipartisan standpoint if people really 
are sincere and really care about solving an issue rather than being 
concerned about demagoguery, if you will, or with some of the things 
that take place. The fact that the gentleman from Oklahoma (Mr. Coburn) 
and the gentleman from California (Mr. Waxman) worked so well on this 
and were able to get it done speaks well for both of them and for the 
Congress when it works in that way.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Oklahoma (Mr. Coburn).
  Mr. COBURN. Mr. Speaker, I want to first recognize Paul Kim for his 
great help on the gentleman from California's (Mr. Waxman) staff; Marc 
Wheat, the majority counsel on our side; and Roland Foster, a staff 
member of mine who has been with me for 6 years since I have been in 
Congress.
  This is a good bill. There is no question about it. But this bill is 
not enough. Forty thousand people this year are going to become 
infected with HIV. It does not have to happen. We should be asking the 
CDC, we should be asking the FDA, we should be asking the NIH why they 
would not use proven public health policy to stop this epidemic.
  The best way to treat people with HIV today is to make sure no one 
else ever encounters this disease. This is a preventable disease. 
Although we have gone a long way from where we were in putting in the 
public health policies that should be there, they are still not there. 
The reason they are not there is not a good enough reason. We have 
proven in the medical community that we can secure and hold 
confidentially anybody's HIV status. We have been perfect on that 
score. And to use that as a reason now not to move to the next step, I 
challenge my friend, the gentleman from Ohio (Mr. Brown), and I 
challenge the gentleman from Florida (Mr. Bilirakis) that in the next 
Congress and the Congress that follows that you will look very closely 
at what public health policies could do to prevent that 40,000 people 
from never getting the disease.
  We know. We handled the tuberculosis epidemic in this country. We 
stopped it dead with a whole lot less effort. This is something we can 
accomplish. We have proven with this bill

[[Page 21039]]

that if we will work and talk together and understand each other's 
motivations, problems and concerns, that through discussion and 
bipartisan approach that we can solve those problems. The 40,000 people 
out there this year that are going to get infected deserve for us to do 
that. As I leave this body, what I would ask is the Members of this 
body, look at real problems, not the political things that surround it; 
and if we will do that, 40,000 people will not be infected.
  I thank the gentleman from Ohio (Mr. Brown) for his work. The 
gentleman from California (Mr. Waxman) has been great to work with. I 
appreciate the ability that we can express ourselves through true 
concern and solve a problem. I would hope that every Member of this 
body will support this bill.
  I also would leave one message with my colleagues. There are diseases 
much greater than this disease that face our country today. Diabetes 
will take tons more people than HIV. Breast cancer will take tons more 
people than HIV. And yet we are not anywhere close to the same dollar 
commitment in those diseases as we are HIV. Because we have had a 
misguided policy on treatment of HIV, we are spending dollars that 
could be spent in other areas. I would beg the body to look at that.
  Mr. BLILEY. Mr. Speaker, I rise in support of this amendment to S. 
2311, the Ryan White CARE Act Amendments of 2000. I congratulate Dr. 
Coburn and Mr. Waxman for their excellent work on this legislation, and 
salute my colleagues on the Commerce Committee who, through workmanlike 
diligence and thoughtfulness, have dramatically improved the way the 
Ryan White CARE Act will work now and into the future.
  Before the August recess, the House acted on a bi-partisan basis to 
authorize the Ryan White CARE Act. This very important Act provides 
funding to address the needs of those living with HIV and AIDS. Because 
of the importance of this legislation, I made it a priority to resolve 
the differences between the House-passed bill and the bill passed in 
the other body. As the newsletter AIDS Policy and Law reported, ``The 
negotiators decided to use the House bill, sponsored by Representatives 
Tom Coburn, and Henry Waxman, as the vehicle for renewing the statute 
through fiscal year 2005. The Senate bill was scrapped, with only a few 
of its provisions being folded into the Coburn-Waxman H.R. 4807.'' The 
negotiating team, which included my staff and those from the offices of 
Representatives Bilirakis, Waxman, Dingell, Brown, Senators Jeffords, 
Frist, and Kennedy, achieved a good compromise. I have an additional 
statement that explains our work in greater detail that I will enter 
into the record for myself and the negotiators just mentioned. I 
commend the passage of this important legislation to my colleagues.
  As many of my colleagues may recall, President Reagan's HIV 
Commission concluded that ``early diagnosis of HIV infection is 
essential'' because HIV infection ``can be treated more effectively 
when detected early.'' The medical breakthroughs which have been 
developed in the twelve years since the inception of this report make 
early intervention even more important than ever, and I am pleased that 
this legislation recognizes that partner counseling and referral 
activities are the most effective early intervention to identify those 
who do not know their status in the early stages of the disease.
  Very importantly, this bill begins the process of basing Ryan White 
CARE Act funding on HIV cases, not AIDS cases. Such a change will 
ensure that Ryan White CARE Act dollars go where the disease is growing 
quickly, not to the areas with the highest historical incidences of 
AIDS. It also provides incentives for States to implement 
recommendations belatedly issued by the Centers for Disease Control and 
Prevention to move to HIV reporting systems, one of the most important 
public health initiatives in America at the close of the 20th Century.
  It is a national tragedy that public health officials in the States 
were unable or unwilling to move to HIV reporting years ago. The 
identification of HIV reporting as a serious public health concern was 
identified by the first Presidential Commission on HIV, appointed by 
President Ronald Reagan, which stated that ``The term `AIDS' is 
obsolete. `HIV infection' more correctly defines the problem. The 
medical, public health, political, and community leadership must focus 
on the full course of HIV infection rather than concentrating on later 
stages of the disease . . . Continual focus on AIDS rather than the 
entire spectrum of HIV disease has left our nation unable to deal 
adequately with the epidemic. Federal and state data collection efforts 
must now be focused on early HIV reports, while still collecting data 
on symptomatic disease.''
  It is imperative that the Ryan White CARE Act be reauthorized to 
provide the incentives to move public health in the right direction so 
that the HIV/AIDS epidemic can be tracked more accurately, and 
appropriate funding and information about this disease be better 
directed.
  As many of my colleagues will recall, when we last brought the Ryan 
White bill to the floor in July, the most contentious issue was the 
bill's ``hold harmless'' provision. The bill which originally passed 
the House would have trimmed the substantial overpayments received by 
San Francisco so that it would eventually receive no more per capita 
than any other metropolitan area.
  After lengthy negotiations, it has been agreed that the hold harmless 
reduction will be a compromise between the original House and Senate 
provisions, which will now be a reduction of 15% over the next five 
years to slow the transition to equitable funding.
  I ask my colleagues to join with me in support of this important 
legislation that moves us in the right direction as we enter the 21st 
Century.

                 Ryan White CARE Act Amendments of 2000


                   Managers' Statement of Explanation

       The Ryan White CARE Act Amendments of 2000 reauthorize 
     Title XXVI of the Public Health Service Act to ensure that 
     individuals living with HIV and AIDS receive health care and 
     related support services. The legislation contains 
     authorization for appropriations and programmatic changes to 
     ensure the CARE Act programs respond to evolving demographic 
     trends in the HIV/AIDS epidemic and advances in treatment and 
     care.


                             I. Background

       In March, 1990, Congress enacted the Ryan White CARE Act, 
     honoring Ryan White, a young man who taught the Nation to 
     respond to the HIV/AIDS epidemic with hope and action rather 
     than fear. By the spring of 1990, over 128,000 people had 
     been diagnosed with AIDS in the United States and 78,000 had 
     died of the disease. The CARE Act was reauthorized in 1996, 
     as the epidemic spread to more than 600,000 Americans 
     diagnosed with AIDS and amidst the nationwide recognition 
     that CARE Act programs were indispensable to the care and 
     treatment of Americans with HIV/AIDS.
       The CARE Act Amendments of 2000 marks the second 
     reauthorization of the CARE Act. In the last twenty years, 
     the HIV/AIDS epidemic has claimed over 420,000 American men, 
     women, and children. Today, the Centers for Disease Control 
     and Prevention estimates that there are currently between 
     800,000 and 900,000 persons living with HIV in the United 
     States, with 40,000 new infections annually.
       While there is still no cure, the CARE Act has been 
     instrumental in responding to the public health, social and 
     economic burdens of the HIV/AIDS epidemic. However, the 
     steady expansion and changed demographics of the epidemic, as 
     well as the improved survival time for people living with 
     AIDS, are placing increasing stress on State and local health 
     care systems, community based organizations and families 
     providing care. Most importantly, the epidemic is expanding 
     beyond major cities to smaller cities and rural regions, and 
     disproportionately affecting women, communities of color, 
     children and youth.
       The Ryan White CARE Act Amendments of 2000 preserves the 
     best and proven features of existing CARE Act programs. But 
     the CARE Act Amendments of 2000 also makes important and 
     substantial reforms to respond to the significant changes in 
     the HIV/AIDS epidemic of the last 5 years.


   II. Organization of Services Under the CARE Act Amendments of 2000

       Title I. Emergency Relief for Areas with Substantial Need 
     for Services: Provides emergency relief grants to 51 eligible 
     metropolitan areas (EMAs) disproportionately affected by the 
     HIV epidemic to provide primary care and HIV-related support 
     services to people with HIV and AIDS. Half of the Title I 
     funding is distributed by formula; the remaining half is 
     distributed competitively, based on the demonstration of 
     severity of need and other criteria.
       Planning Council membership has been revised to include HIV 
     prevention providers, homeless and housing service providers, 
     and representatives of prisoners. A third of Planning Council 
     members must be individuals with HIV/AIDS receiving care who 
     are not officers, employees or consultants to Title I 
     grantees.
       Title II. CARE Grant Program: Provides formula grants to 
     States, District of Columbia, Puerto Rico and U.S. 
     territories to improve the quality of health care and support 
     services for individuals with HIV disease and their families. 
     The funds are used: to provide medical support services, to 
     continue health insurance payments, to provide home care

[[Page 21040]]

     services, and, through the AIDS Drug Assistance Programs 
     (ADAP), to provide medications necessary for the care of 
     these individuals. Supplemental formula grants are awarded to 
     States with ``emerging communities'' which are ineligible for 
     grants under Title I.
       Subtitle B provides discretionary grants to States for the 
     reduction of perinatal transmission of HIV, and for HIV 
     counseling, testing, and outreach to pregnant women. Subtitle 
     C provides discretionary grants to States for partner 
     notification, counseling and referral services.
       Title III. Early Intervention Services: Funds nonprofit 
     entities providing primary care and outpatient early 
     intervention services, including case management, counseling, 
     testing, referrals, and clinical and diagnostic services to 
     individuals diagnosed with HIV. The unfunded program of State 
     formula grants in current law is repeated.
       Title IV. Other Programs and Activities: Provides grants 
     for comprehensive services to children, youth, and women 
     living with HIV and their families. Such services include 
     primary, specialty and psychosocial care, as well as HIV 
     outreach and prevention activities. Grantees must demonstrate 
     linkages to, and provide clients with access and education 
     on, HIV/AIDS clinical research.
       Title IV newly authorizes the AIDS Education and Training 
     Centers (AETC), a network of 14 regional centers conducting 
     clinical HIV education and training of health providers, to 
     provide prenatal and gynecological care. The HIV/AIDS Dental 
     Reimbursement program, covering uncompensated oral health 
     care for patients with HIV/AIDS, is expanded to provide 
     community-based care in underserved areas.
       Under Subtitle B, general provisions authorize CDC data 
     collection for CARE Act planning and evaluation, enhanced 
     interagency coordination of HIV services and prevention, 
     development of a plan for the case management of prisoners 
     with HIV, and administrative provisions related to audits, 
     and a plan for simplification of CARE Act grant 
     disbursements.
       Title V. General Provisions: Authorizes Institute of 
     Medicine (IOM) studies and expansion of Federal support for 
     the development of rapid HIV tests. Makes necessary and 
     technical corrections in Title XXVI of the Public Health 
     Service Act.


                  III. Summary of Selected Provisions

     Use of HIV Case Data in Formula Grants
       In order to target funding more accurately to reflect the 
     HIV/AIDS epidemic, the Managers have revised and updated the 
     Title I and Title II formulas to make use of data on cases of 
     HIV infection as well as of AIDS. In Fiscal Year (FY) 2005, 
     HIV and AIDS case data is intended to be used in the Title I 
     and Title II formulas.
       However, no later than July 1, 2004, the Secretary shall 
     determine whether HIV case data, as reported to and confirmed 
     by the Director of CDC, is sufficiently accurate and reliable 
     from all eligible areas and States for such use in the 
     formula. The Secretary shall also consider the findings of 
     the Institute of Medicine (IOM) study undertaken under 
     section 501(b).
       If the Secretary makes an adverse determination regarding 
     HIV case data, the Managers intend that only AIDS case data 
     will be used in FY2005 formula allocations. The Secretary 
     shall also provide grants and technical assistance to States 
     and eligible areas to ensure that accurate and reliable HIV 
     case data is available no later than FY2007.
     Planning and priority setting
       The Managers have strengthened the capacity of EMAs and 
     States to plan, prioritize, and allocate funds, based on the 
     size and demographic characteristics of the populations with 
     HIV disease in the eligible area. Planning, priority setting, 
     and funding allocation processes must take into account the 
     demographics of the local HIV/AIDS epidemic, existing 
     disparities in access HIV-related health care, and resulting 
     adverse health outcomes. It is the intent of the Managers 
     that CARE Act dollars more closely follow the shifting trends 
     in the local epidemic and address disparities in health care 
     access and health outcomes as well as the need for capacity 
     development within the local and State HIV health care 
     infrastructures.
       The Managers intend both EMAs and States to develop 
     strategies to bring into and retain in care those individuals 
     who are aware of their HIV status but are not receiving 
     services. As part of this process, the Managers place the 
     highest priority on EMAs and States focusing on eliminating 
     disparities in access and services among affected 
     subpopulations and historically underserved communities. The 
     Managers recognize, however, that the relative availability 
     or lack of HIV prevalence data will be reflected in the 
     scope, goals, timetable and allocation of funds for 
     implementation of the strategy.
       The Managers also expect the Secretary to collaborate with 
     Title I and II grant recipients and providers to develop 
     epidemiologic measures and tools for use in identifying 
     persons with HIV infection who know their HIV status but are 
     not in care. The Managers recognize the difficulty the EMAs 
     and States may experience in identifying persons with HIV 
     infection who are not in care and who may be unknown to any 
     health or social support system. The efforts on the part of 
     EMAs and States to accomplish these important tasks, however, 
     should not be delayed until this process is complete. 
     Instead, the Managers expect Title I and II grant recipients 
     to establish and implement strategies responsive to these 
     urgent needs before the development of nationally uniform 
     measures, to the extent that is practicable and to which 
     necessary prevalence data is reasonably available.
       The Managers have also authorized outreach activities in 
     Title I and II intended to identify individuals with HIV 
     disease know their HIV status but are not receiving services. 
     The intent is to ensure that EMAs and States understand that 
     outreach activities which are consistent with early 
     intervention services and necessary to implement the 
     aforementioned strategies, are appropriate uses of Title I 
     and II funds. It is not the Managers' intent that such 
     activities supplant or otherwise duplicate activities such as 
     case finding, surveillance and social marketing campaigns 
     currently funded and administered by the Centers for Disease 
     Control and Prevention (CDC). Instead, this authorization 
     reflects the urgency of increasing the coordination between 
     HIV prevention and HIV care and treatment services in all 
     CARE Act programs.
     Hold harmless provisions
       The hold-harmless provisions are intended to minimize loss 
     and stabilize systems of care in EMAs and States, while 
     assuring that funds are allocated in Title I and II to 
     reflect the current distribution and epidemiology of the 
     epidemic.
       The Managers have revised the Title I hold harmless to 
     limit a potential loss in an EMA's formula allocation to a 
     small percentage of the amount allocated to the eligible are 
     in the previous (or base) year. An EMA may lose no more than 
     15 percent of its base formula allocation over five years, 
     beginning with 2 percent in the first year and increasing in 
     subsequent years. If the Secretary determines that data on 
     HIV prevalence are accurate and reliable for use in 
     determining Title I formula grants for Fiscal Year 2005, all 
     EMAs may lose no more than 2 percent of their Fiscal Year 
     2004 formula allocation in that year.
       Should an EMA experience a decline in its Title I formula 
     allocation followed by an intervening year in which there is 
     not decline, its losses in any subsequent, nonconsecutive 
     year of decline would once again be limited to 2 percent 
     (ie., the intervening year `resets the clock').
       The Managers intend to ensure that essential primary care 
     and support services are not compromised by short-term 
     fluctuations in AIDS case counts. Because no new EMA is 
     expected by HRSA's Bureau of HIV/AIDS to require that hold 
     harmless in the first three or four years of this 
     reauthorization period, the Managers expect this policy will 
     shield all eligible areas, save those currently requiring the 
     hold harmless, from any meaningful loss in Title I formula 
     funding.
       Under the Title II hold harmless, a State or territory may 
     lose no more than 1 percent from the previous fiscal year 
     amounts, or 5 percent over the 5-year reauthorization period. 
     This protection extends to base Title II funding (which 
     excludes funds for AIDS Drug Assistance Programs (ADAP)), as 
     well as to overall Title II funding.
     Women, child, infants, and youth set-aside
       The Managers are aware of the rising incidence of HIV among 
     youth and women, particularly women of color, and recognize 
     the challenges in assuring them access to primary care and 
     support services for HIV and AIDS. The Managers intend to 
     increase the availability of primary care and health-related 
     supportive services under Title I and Title II for each of 
     the four groups described in the set-aside. Youth are added 
     as a new category within this set-aside. The Managers intend 
     the term ``youth'' to include persons between the ages of 13 
     and 24, and ``children'' to include those under the age of 
     13, including infants.
       The Managers clarify that the set-asides for women, 
     infants, children, and youth with HIV disease be allocated 
     proportionally, based on the percentage of the local HIV-
     infected population that each group represents. The Managers 
     intend that the States and EMAs continue to make every effort 
     to reach and serve women, infants, children, and youth living 
     with HIV/AIDS by allocating sufficient resources under Titles 
     I and II to serve each of these populations. The Managers 
     also recognize that these priority populations often comprise 
     a greater proportion of HIV cases rather than AIDS cases in a 
     local area. This distinction should be taken into account 
     where necessary prevalence data is reasonably available.
       The Mangers are aware that these populations may also have 
     access to HIV care through other parts of Title XXVI, 
     Medicaid, State Children's Health Insurance Program (SCHIP), 
     and other Federal and State programs. Therefore, the 
     requirements to proportionally allocate funds provided under 
     Title II to each of these populations may be waived for 
     States which reasonably demonstrate that these populations 
     are receiving adequate care.

[[Page 21041]]


     Capacity development
       Titles I, II and III of this legislation provide a new 
     focus on strengthening the capacity of minority communities 
     and underserved areas where HIV/AIDS is having a 
     disproportionate impact. Currently, many underserved urban 
     and rural areas are not able to compete successfully for 
     planning grants and early intervention service grants due to 
     the lack of infrastructure and experience with the Ryan White 
     Care Act programs. This gap in services available is 
     increasingly important, as the HIV and AIDS epidemic extends 
     into rural communities. In addition to authorizing capacity 
     development under Titles I and II, the Managers establish a 
     preference for rural areas under Title III that will allow 
     program administrators to target capacity development grants, 
     planning grants, and the delivery of primary care services to 
     rural communities with a growing need for HIV services. 
     However, urban areas are not excluded from consideration for 
     future grants nor is funding reduced to current grants in 
     urban areas.
     Quality management
       The Managers recognize the importance of having CARE Act 
     grantees ensure that quality services are provide to people 
     with HIV and that quality management activities are conducted 
     on an ongoing basis. Quality management programs are intended 
     to serve grantees in evaluating and improving the quality of 
     primary care and health-related supportive services provided 
     under this act. The quality management program should 
     accomplish a threefold purpose: (1) assist direct service 
     medical providers funded through the CARE Act in assuring 
     that funded services adhere to established HIV clinical 
     practices and Public Health Service (PHS) guidelines to the 
     extent possible; (2) ensure that strategies for improvements 
     to quality medical care include vital health-related 
     supportive service in achieving appropriate access and 
     adherence with HIV medical care; and (3) ensure that 
     available demographic, clinical, and health are utilization 
     information is used to monitor the spectrum of HIV-related 
     illnesses and trends in the local epidemic.
       The Managers expect the Secretary to provide States with 
     guidance and technical assistance for establishing quality 
     management programs, including disseminating such models as 
     have been developed by States and are already being utilized 
     by Title II programs and in clinical practice environments. 
     Furthermore, the Managers intend that the Secretary provide 
     clarification and guidance regarding the distinction between 
     use of CARE Act funds for such program expenditures that are 
     covered as their planning and evaluation and funds for 
     program support costs. It is not the Managers' intent to 
     divert current program resources or to reassign current 
     program support costs or clinical quality programs to new 
     cost areas, if they are an integral part of a State's current 
     quality management efforts.
       Program support costs are described as any expenditure 
     related to the provision of delivering or receiving health 
     services supported by CARE Act funds. As applied to the 
     clinical quality programs, these costs include, but are not 
     limited to, activities such as chart review, peer-to-peer 
     review activities, data collection to measure health 
     indicators or outcomes, or other types of activities related 
     to the development or implementation of a clinical quality 
     improvement program. Planning and evaluation costs are 
     related to the collection and analysis of system and process 
     indicators for purposes of determining the impact and 
     effectiveness of funded health-related support services in 
     providing access to and support of individuals and 
     communities within the health delivery system.
     Early intervention services
       The Managers authorize early intervention services as 
     eligible services under Titles I and II under certain 
     circumstances. The Managers intend to allow grantees to 
     provide certain early intervention services, such as HIV 
     counseling, testing, and referral services, to individuals at 
     high risk for HIV infection, in accordance with State or EMA 
     planning activities. The Managers recognize the range of 
     organizations that may be eligible to provide early 
     intervention services, including other grantees under Titles 
     I, II and III such as community based organizations (CBOs) 
     that act as points of entry into the health care system for 
     traditionally underserved and minority populations.
       The Managers believe that referral relationships maintained 
     by providers of early intervention services are essential to 
     increasing the number of people with HIV/AIDS who are 
     identified and to bringing them into care earlier in the 
     progression of their disease.
     Health-care related support services
       The Managers wish to stress the importance of CARE Act 
     funds in meeting the health care needs of persons and 
     families with HIV disease. The Act requires support services 
     provided through CARE Act funds to be health care related. 
     States and EMAs should ensure that support services meet the 
     objective of increasing access to health care and ongoing 
     adherence with primary care needs. The Managers reaffirm the 
     critical relationship between support service provision and 
     positive health outcomes.
     Title I planning council duties and membership
       The Managers have amended numerous aspects of CARE Act 
     programs to enhance the coordination between HIV prevention 
     and HIV/AIDS care and treatment services. In this case, 
     Planning Council membership of the providers of HIV 
     prevention services will help assure this coordination. To 
     improve representation of underserved communities, providers 
     of services to homeless populations and representatives of 
     formerly incarcerated individuals with HIV disease are 
     included in planning council membership. It is the intent of 
     the Managers that the needs of all communities affected by 
     HIV/AIDS and all providers working with the service areas be 
     represented. The Managers also intend the Planning Councils 
     more adequately reflect the gender and racial demographics of 
     the HIV/AIDS population within their respective EMAs.
       The Managers also intend that patients and consumers of 
     Title I services constitute a substantial proportion of 
     Planning Council memberships. The prohibition of officers, 
     employees and consultants is not intended to impede the 
     participation qualified, motivated volunteers with Title I 
     grantees from serving on Planning Councils where they do not 
     maintain significant financial relationships, volunteers may 
     be reimbursed reasonable incidental costs, including for 
     training and transportation, which help to facilitate their 
     important contribution to the Planning Councils.
       To ensure that new Planning Council members are adequately 
     prepared for full participation in meetings, the Managers 
     direct the Secretary to ensure that proper training and 
     guidance is provided to members of the Councils. The Managers 
     also expect Planning Councils to provide assistance, such as 
     transportation and childcare, to facilitate the participation 
     of consumers, particularly those from affected subpopulations 
     and historically underserved communities.
       Consistent with the ``sunshine'' policies of the Federal 
     Advisory Committee Act (FACA), all meetings of the Planning 
     Councils shall be open to the public and be held after 
     adequate notice to the public. Detailed minutes, records, 
     reports, agenda, and other relevant documents should also be 
     available to the public. The Managers intend for such 
     documents to be available for inspection and copying at a 
     single location, including posting on the Internet.
     Title I supplemental
       In order to target funding to areas in greatest need of 
     assistance, severity of need is given a greater weight of 33 
     percent in the award of Title I supplemental grants. The 
     Managers intend that Title I supplemental awards are not 
     intended to be allocated on the basis of formula grant 
     allocations. Instead, such supplemental awards are to be 
     directed principally to those eligible areas with ``severe 
     need,'' or the greatest or expanding public health challenges 
     in confronting the epidemic. The Managers have included 
     additional factors to be considered in the assessment of 
     severe need, including the current prevalence of HIV/AIDS, 
     and the degree of increasing and unmet needs for services. 
     Additionally, the Managers believe that syphilis, hepatitis B 
     and hepatitis C should be regarded as important co-
     morbidities to HIV/AIDS.
       It is the Managers' strong view that HRSA's Bureau of HIV/
     AIDS should employ standard, quantitative measures to the 
     maximum extent possible in lieu of narrative self-reporting 
     when awarding supplemental awards. The Managers therefore 
     renew the Bureau's obligation to develop in a timely manner a 
     mechanism for determining severe need upon the basis of 
     national, quantitative incidence data. In this regard, the 
     Managers recognize that adequate and reliable data on HIV 
     prevalence may not be uniformly available in all eligible 
     areas on the date of enactment. It is noted, however, that 
     ``HIV disease'' under the CARE Act encompasses both persons 
     living with AIDS as well as persons diagnosed as HIV positive 
     who have not developed AIDS.
     Title II base minimum funding
       The minimum Title II base award is increased in order to 
     increase the funding available to States for the capacity 
     development of health system programs and infrastructure. The 
     Federated States of Micronesia and the Republic of Palau are 
     included as entities eligible to receive Title II funds, in 
     recognition of the need to establish a minimum level of 
     funding to assist in building HIV infrastructure.
     Title II public participation
       The Managers urge States to strengthen public participation 
     in the Ryan White Title II planning process. While the 
     Managers do not intend that States be mandated to consult 
     with all entities participating in the Title I planning 
     process, reference to such entities is intended to provide 
     guidance to the States that such entities are important 
     constituencies which the States should endeavor to include in 
     their planning processes. Moreover, States may demonstrate 
     compliance with the new requirement of an enhanced process of 
     public participation by providing evidence that existing 
     mechanisms for consumer and community input provide for the 
     participation of such entities. The intent is to allow States 
     to utilize the optimal

[[Page 21042]]

     public advisory planning process, such as special planning 
     bodies or standing advisory groups on HIV/AIDS, for their 
     particular population and circumstances.
       The Managers are also aware of the difficulties that some 
     States with limited resources may encounter in convening 
     public hearings over large geographic or rural areas and 
     encourage the Secretary to work with these States to develop 
     appropriate processes for public input, and to consider such 
     limitations when enforcing these requirements.
     Title II HIV care consortia
       The Managers intend that the States continue to work with 
     local consortia to ensure that they identify potential 
     disparities in access to HIV care services at the local 
     level, with a special emphasis on those experiencing 
     disparities in access to care, historically underserved 
     populations, and HIV infected persons not in care. However, 
     the Managers do not intend that States and/or consortia be 
     mandated to consult with all entities participating in the 
     Title I planning process. Rather, reference to such entities 
     is intended to provide guidance to the States that such 
     entities are important constituencies which the States should 
     endeavor to include in their planning processes.
     Title II ``emerging communities'' supplement
       There continues to be a growing need to address the 
     geographic expansion of this epidemic, and this Act continues 
     the efforts made during the last reauthorization to direct 
     resources and services to areas that are particularly 
     underserved, including rural areas and metropolitan areas 
     with significant AIDS cases that are not eligible for Title I 
     funding. A supplemental formula grant program is created 
     within Title II to meet HIV care and support needs in non-EMA 
     areas. There are a large number of areas within States that 
     do not meet the definition of a Title I EMA but that, 
     nevertheless, experience significant numbers of people living 
     with AIDS. This provision stipulates that these ``emerging 
     communities,'' defined as cities with between 500 and 1,999 
     reported AIDS cases in the most recent 5-year period, be 
     allocated 50 percent of new appropriations to address the 
     growing need in these areas. Funding for this provision is 
     triggered when the allocations to carry out Part B, excluding 
     amounts allocated under section 2618(a)(2)(I), are 
     $20,000,000 in excess of funds available for this part in 
     fiscal year 2000, excluding amounts allocated under section 
     2618(a)(2)(I). States can apply for these supplemental awards 
     by describing the severity of need and the manner in which 
     funds are to be used.
       The Managers intend to acknowledge the challenges faced by 
     many areas with a significant burden of HIV and AIDS and a 
     lack of health care infrastructure or resources to provide 
     HIV care services. This supplemental program allows the 
     Secretary to make grants to States to address HIV service 
     needs in these underserved areas. The Managers understand the 
     necessity to continue to support existing and expanding 
     critical Title II base services.
     AIDS Drug Assistance Program supplemental grant and expanded 
         services
       Under this Act, the AIDS Drug Assistance Program (ADAP) has 
     been strengthened to assist States in a number of areas. The 
     Secretary is authorized to reserve 3 percent of ADAP 
     appropriations for discretionary supplemental ADAP grants 
     which shall be awarded in accordance with severity of need 
     criteria established by the Secretary. Such criteria shall 
     account for existing eligibility standards, formulary 
     composition and the number of patients with incomes at or 
     below 200 percent of poverty. The Managers also encourage the 
     Secretary to consider such factors as the State's ability to 
     remove restrictions on eligibility based on current medical 
     conditions or income restrictions and to provide HIV 
     therapeutics consistent with PHS guidelines.
       States are also required to match the Federal supplemental 
     at a rate of 1:4. The Managers expect the State to continue 
     to maintain current levels of effort in its ADAP funding. The 
     Managers intend that the 25 percent State match required to 
     receive funds under this section be implemented in a flexible 
     manner that recognizes the variations between Federal, State, 
     and programmatic fiscal years.
       In addition, up to 5 percent of ADAP funds will be allowed 
     to support services that directly encourage, support, and 
     enhance adherence with treatment regimens, including medical 
     monitoring, as well as purchase health insurance plans where 
     those plans provided fuller and more cost-effective coverage 
     of AIDS therapies and other needed health care coverage. 
     However, up to 10 percent of ADAP funds may be expended for 
     such purposes if the State demonstrates that such services 
     are essential and do not diminish access to therapeutics. 
     Finally, the Managers recognize that existing Federal policy 
     provides adequate guidelines to states for carrying out 
     provisions under this section.
     Partner notification, perinatal transmission, and counseling 
         services
       Discretionary grants are authorized under this Act for 
     partner notification, counseling and referral services. The 
     Managers have also expanded the existing grant program to 
     States for the reduction of perinatal transmission of HIV, 
     and for HIV counseling, testing, and outreach to pregnant 
     women. Funding for perinatal HIV transmission reduction 
     activities is expanded, with additional grants available to 
     States with newborn testing laws or States with significant 
     reductions in perinatal HIV transmission. In addition, this 
     Act further specifies information to be conveyed to 
     individuals receiving HIV positive test results in order to 
     reduce risk of HIV transmission through sex or needle-sharing 
     practices.
     Coordination of coverage and services
       This Act also strengthens the requirements made on the 
     States and EMAs in a number of areas aimed at improving the 
     coordination of coverage and services. Grantees must assess 
     the availability of other funding sources, such as Medicaid 
     and the State Children's Health Insurance Program (SCHIP) and 
     improve efforts to ensure that CARE Act funds are coordinated 
     with other available payers.
     Titles III and IV administrative expenses
       The administrative cap for the directly funded Title III 
     programs is increased. The administrative cap for Title III 
     grants is raised from 7.5 percent to 10 percent to correspond 
     with the 10 percent cap on individual contractors in Title I. 
     The Secretary is directed to review administrative and 
     program support expenses for Title IV, in consultation with 
     grantees. In order to assure that children, youth, women, and 
     families have access to quality HIV-related health and 
     support services and research opportunities, the Secretary is 
     directed to work with Title IV grantees to review expenses 
     related to administrative, program support, and direct 
     service-related activities.
     Title IV access to research
       This Act removes the requirement that Title IV grantees 
     enroll a ``significant number'' of patients in research 
     projects. Title IV provides an important link between women, 
     children, and families affected by HIV/AIDS and HIV-related 
     clinical research programs. The ``significant number'' 
     requirement is removed here to eliminate the incentive for 
     providers to inappropriately encourage or pressure patients 
     to enroll in research programs.
       To maintain appropriate access to research opportunities, 
     providers are required to develop better documentation of the 
     linkages between care and research. The Secretary of Health 
     and Human Services (HHS), through the National Institutes of 
     Health (NIH), is also directed to examine the distribution 
     and availability of HIV-related clinical programs for 
     purposes of enhancing and expanding access to clinical 
     trials, including trials funded by NIH, CDC and private 
     sponsors. The Managers encourage the Secretary to assure that 
     NIH-sponsored HIV-related trials are responsive to the need 
     to coordinate the health services received by participants 
     with the achievement of research objectives. Nor do the 
     Managers intend this requirement to require the 
     redistribution of funds for such research projects.
     Part F Dental Reimbursement Program
       The Managers have established new grants for community-
     based oral health care to support collaborative efforts 
     between dental education programs and community-based 
     providers directed at providing oral health care to patients 
     with HIV disease in currently unserved areas and communities 
     without dental education programs. Although the Dental 
     Program has been tremendously successful, there is still a 
     large HIV/AIDS population that has not benefitted because 
     there is not a dental education institution participating in 
     their area. These patients are also in need of dental 
     services that could be provided at community sites if more 
     community-based providers would partner with a dental school 
     or residency program. In these partnerships, dental students 
     or residents could provide treatment for HIV/AIDS patients in 
     underserved communities under the direction of a community-
     based dentist who would serve as adjunct faculty. By 
     encouraging dental educational institutions to partner with 
     community-based providers, the Managers intend to address to 
     unmet need in these areas by ensuring that dental treatment 
     for the HIV/AIDS population is available in all areas of the 
     country, not just where dental schools are located.
     Technical assistance and guidance
       The Managers reaffirm the Secretary's responsibility in 
     providing needed guidance and tools to grantees in assisting 
     them in carrying out new requirements under this Act. The 
     Secretary is required to work with States and EMAs to 
     establish epidemiologic measures and tools for use in 
     identifying the number of individuals with HIV infection, 
     especially those who are not in care. The legislation 
     requests an IOM study to assist the Secretary in providing 
     this advice to grantees.
       The Managers understand that the Secretary has convened a 
     Public Health Service Working Group on HIV Treatment 
     Information Dissemination, which has produced recommendations 
     and a strategy for the dissemination of HIV treatment 
     information to health care providers and patients. 
     Recognizing the importance of such a strategy, the Managers 
     intend that the Secretary issue

[[Page 21043]]

     and begin implementation of the strategy to improve the 
     quality of care received by people living with HIV/AIDS.
     Data collection through CDC
       The Managers believe that an additional authorization for 
     HIV surveillance activities under the CDC will serve to 
     advance the purposes of the CARE Act. To better identify and 
     bring individuals with HIV/AIDS into care, States and cities 
     may use such funding to enhance their HIV/AIDS reporting 
     systems and expand case finding, surveillance, social 
     marketing campaigns, and other prevention service programs. 
     Notwithstanding its strong interest in improving the 
     coordination between HIV prevention and HIV care and 
     treatment services, the Managers intend that this enhanced 
     funding for CDC and its grantees ensure that CARE Act 
     programs and funds not duplicate or be diverted to activities 
     currently funded and administered by the CDC.
     Coordination
       This Act requires the Secretary to submit a plan to 
     Congress concerning the coordination of Health Resources and 
     Services Administration (HRSA), Centers for Disease Control 
     and Prevention (CDC), Substance Abuse and Mental Health 
     Services Administration (SAMHSA), and Health Care Financing 
     Administration (HCFA), to enhance the continuity of care and 
     prevention services for individuals with HIV disease or those 
     at risk of such disease. The Managers believe that much 
     greater effort is required to ensure that the provision of 
     HIV prevention and care services becomes as seamless as 
     possible, and that coordination be pursued at the Federal 
     level, in the States and local communities to eliminate any 
     administrative barriers to the efficient provision of high 
     quality services to individuals with HIV disease.
       A second plan for submission to Congress focuses on the 
     medical case management and provision of support services to 
     persons with HIV released from Federal or State prisons.
     Administrative simplification
       The Managers intend for the Secretary of HHS to explore 
     opportunities to reduce the administrative requirements of 
     Ryan CARE Act grantees through simplifying and streamlining 
     the administrative processes required of grantees and 
     providers under Titles I and II. In consultation with 
     grantees and service providers of both parts, the Secretary 
     is directed to (1) develop a plan for coordinating the 
     disbursement of appropriations for grants under Title I with 
     the disbursement of appropriations for grants under Title II, 
     (2) explore the impact of biennial application for Titles I 
     and II on the efficiency of administration and the 
     administrative burden imposed on grantees and providers under 
     Titles I and II, and (3) develop a plan for simplifying the 
     application process for grants under Titles I and II. It is 
     the intent of the Managers to improve the ability of grantees 
     to comply with administrative requirements while decreasing 
     the amount of staff time and resources spent on 
     administrative requirements.
     Program and service studies
       The Managers request that the Secretary, through the IOM, 
     examine changing trends in the HIV/AIDS epidemic and the 
     financing and delivery of primary care and support services 
     for low-income, uninsured, and underinsured and individuals 
     with HIV disease. The Secretary is directed to make 
     recommendation regarding the most effective use of scarce 
     Federal resources. The purpose of the study is to examine key 
     factors associated with the effective and efficient financing 
     and delivery of HIV services (including the quality of 
     services, health outcomes, and cost-effectiveness). The 
     Managers expect that the study would include examination of 
     CARE Act financing of services in relation to existing public 
     sector financing and private health coverage; general 
     demographics and comorbidities of individuals with HIV 
     disease; regional variations in the financing and costs of 
     HIV service delivery; the availability and utility of health 
     outcomes measures and data for measuring quality of Ryan 
     White funded service; and available epidemiological tools and 
     data sets necessary for local and national resource planning 
     and allocation decisions, including an assessment of 
     implementation of HIV infection reporting, as it impacts 
     these factors.
       The Managers also require an IOM study focuses on 
     determining the number of newborns with HIV, where the HIV 
     status of the mother is unknown; perinatal HIV transmission 
     reduction efforts in States; and barriers to routine HIV 
     testing of pregnant women and newborns when the mothers' HIV 
     status is unknown. The study is intended to provide States 
     with recommendations on improving perinatal prevention 
     services and reducing the number of pediatric HIV/AIDS cases 
     resulting from perinatal transmission.
     Development of Rapid HIV Test
       The Managers encourage the Secretary to expedite the 
     availability of rapid HIV tests which are safe, effective, 
     reliable and affordable. The Managers intend that the 
     National Institutes of Health expand research which may lead 
     to such tests. The Managers also intend that the Director of 
     CDC should take primary responsibility, in conjunction with 
     the Commissioner of Food and Drugs, for a report to Congress 
     on the public health need and recommendations for the 
     expedited review of rapid HIV tests. The Managers believe 
     that the Food and Drug Administration should account for the 
     particular applications and urgent need for rapid HIV tests, 
     as articulated by public health experts and the CDC, when 
     determining the specific requirements to which such tests 
     will be held prior to marketing.
     Department of Veterans Affairs
       The Managers note that the U.S. Department of Veterans 
     Affairs is the largest single direct provider of HIV care and 
     services in the country. Over 18,000 veterans received HIV 
     care at VA facilities in 1999. Veterans with HIV infection 
     are eligible to participate in Ryan White Title I and Title 
     II programs when they meet eligibility requirements set by 
     EMAs and States, whose plans for the delivery of services 
     must account for the availability of VA services. VA 
     facilities are eligible providers of HIV health and support 
     services where appropriate. The Managers expect that HRSA's 
     Bureau of HIV/AIDS shall encourage Ryan White grantees to 
     develop collaborations between providers and VA facilities to 
     optimize coordination and access to care to all persons with 
     HIV/AIDS.
     International HIV/AIDS Initiatives
       The Managers note that the CARE Act provides a model of 
     service delivery and Federal partnerships with States, cities 
     and community-based organizations which should prove valuable 
     in global efforts to combat the HIV/AIDS epidemic. The 
     Managers strongly encourage the Secretary, the Bureau of HIV/
     AIDS at HRSA, and the CDC to provide technical assistance 
     available to other countries which has already proven 
     invaluable in helping to limit the suffering caused by HIV/
     AIDS. It is the Managers' hope that the hard-earned knowledge 
     and experience gained in this country can benefit people with 
     HIV/AIDS overseas.
  Ms. ESHOO. Mr. Speaker, I strongly support S. 2311, the Ryan White 
Care Act Amendments of 2000. Enactment of this legislation will truly 
make a difference in people's lives.
  The Ryan White CARE Act, without question, was the most important 
legislation Congress has ever enacted for people living with HIV and 
AIDS. Every year, CARE Act funds provide lifesaving medical and social 
services for tens of thousands of uninsured and underinsured Americans 
battling these devastating diseases. AIDS medications, viral load 
testing, treatment education, and case management are just a few of the 
essential support services provided by federal CARE Act dollars.
  Each of the programs created under the CARE Act services a specific 
need yet, combined, they make up the health care and social service 
safety net of last resort. Since it's creation in 1990, reliability and 
stability have been the two cornerstones of the Ryan White law. When we 
passed the House version of the reauthorization in July, I spoke out 
against a provision that ran directly contrary to this safety net 
principle. A 25 percent reduction in the ``hold harmless'' that was 
part of the original House bill would have caused a rapid 
destabilization of systems of care in the Bay Area and potentially 
around the country. I fought that provision and I'm so pleased that the 
bill before us today includes a more equitable formula that reflects 
the changing face of the disease without gutting funding to any one 
Eligible Metropolitan Area (EMA).
  More people than ever are living with HIV/AIDS and the CARE Act must 
keep pace with the increasing demands. When the CARE Act was passed in 
1990, there were 155,619 AIDS cases. In 1996, there were 481,234 cases. 
Today, America has 733,374 recorded cases of HIV/AIDS. AIDS is the 
leading cause of death among African Americans between the ages of 25-
44 and the second leading cause of death among Latinos in the same age 
group. HIV/AIDS are still very much with us and we must ensure that all 
those infected get the medical and social services they need to live 
longer, more productive lives.
  And that's exactly what's been happening. Access to new medications 
and treatments, such as combination antiretroviral therapies, has 
significantly lengthened the life expectancy of people with HIV/AIDS. 
People with AIDS are living longer and those with HIV aren't 
progressing as quickly to full-blown AIDS. Thankfully, it's no longer 
necessarily a death sentence. This, in turn, underscores the increasing 
need for services. As people live longer, their dependence on CARE Act 
programs greatly increases; hence, the importance of reauthorizing the 
Ryan White Act.
  So, I thank my colleagues, Senators Kennedy and Jeffords and 
Representatives Brown, Waxman and Coburn, and their staffs, for their 
work on S. 2311 and for their dedication to reauthorizing the CARE Act 
this year. It's a good bill that will do wonderful things for people 
across this country. I urge my colleagues' enthusiastic support.
  Mrs. CHRISTENSEN. Mr. Speaker, I rise in support of S. 2311, Ryan 
White Care Act. I

[[Page 21044]]

am very thankful that were are acting on this very important bill, 
before we run out of time, to ensure that individuals living with HIV 
and AIDS will receive the health care and related supported services 
that they need. While, S. 2311 is not perfect, it does provide the 
necessary authorizations for appropriations and programmatic changes to 
ensure that the CARE Act is responsive to the evolving demographic 
trends in the HIV/AIDS epidemic and advances in treatment care.
  I am also pleased that one of my major concerns with the House bill 
to reauthorize the CARE Act, HR 4807, involving incentives for HIV 
testing of pregnant women and infants, is not in the bill before us 
today. I oppose mandatory testing of any sub-population, and I strongly 
believe, that this body must give full consideration to the IOM study 
as it relates to this issue.
  I am encouraged that S. 2311 also changes city and state funding 
formulas to encompass all who are infected with HIV and not just 
provide resources for individuals who have progressed to AIDS. This 
change responds to the changing nature of the epidemic and the newer 
treatment protocols, which begin medication earlier.
  It allows for treatment programs to begin and expand critical 
prevention efforts. This bill also more effectively represents the 
burden of the disease and the need for care. In addition, this measure 
makes a concerted effort to support the fact, that the funding 
``needs'' to follow the trends of the disease (which are 
disproportionately and increasingly affecting people of color).
  It also encourages reporting of HIV infections by states (many do not 
now report). Such adherence to reporting, will improve our ability to 
be more progressive and get in front of this epidemic by increasing 
prevention and outreach efforts.
  Another major area that is of critical concern to the Congressional 
Black Caucus and the communities we represent (which are primarily 
people of color), is the community planning councils, their 
composition, effectiveness and operations. This process has not worked 
well for many disenfranchised communities under existing authorization. 
Community input is essential to effective service provision at the 
local level. Therefore, we are encouraged by the requirement in the 
bill that planning, priority setting and funding allocation processes 
must take into account the demographics of the local HIV/AIDs epidemic, 
existing disparities in access to HIV--related care.
  In this regard, I also encourage that African Americans and other 
people of color be appropriately represented in the clinical trials and 
investigator pools based on the trends of the disease.
  I would be remiss if, I did not say that based on the past 
epidemiology, and several studies and forecasts, FY 2001 funding for 
the all important ADAP program falls around $100 million dollars short 
of what will be needed to provide treatment to those infected.
  This dramatic shortfall represents the many low income, uninsured and 
under-insured Americans who will not receive appropriate care, and 
further puts this country far from where we need to be in fighting this 
epidemic and saving the lives of those infected and most at-risk.
  We in the Caucus and our partners in the Congress and the communities 
we serve, remain vigilant in the nation's fight against the HIV/AIDS 
crisis. The Ryan White Care Act is the lifeline to countless Americans 
infected with HIV and AIDS. It is our best ammunition in the war 
against this devastating disease that is plaguing our nation. Clearly, 
we in the U.S. Congress must not wait until this disease begins to 
mirror the pandemic in Africa. An enhanced, strengthened, responsive 
and adequately funded Ryan White Care Act is absolutely essential to 
intensified care, treatment, prevention and outreach.
  I urge my colleagues to support this much needed and important bill.
  Mr. HORN. Mr. Speaker, I rise to express my strong support for the 
Ryan White Care Act Amendments of 2000. Over the past ten years, the 
Ryan White Care Act has represented a unique partnership between 
federal, state and local officials in delivering prevention and 
treatment services to those affected by this disease.
  The good news is the Care Act has expanded access to high quality 
health care, which is more important than ever in accommodating the 
growing numbers of people living with HIV and AIDS. As a result, it is 
important that federal funds distributed to states and cities most 
impacted by the disease, such as Long Beach, are needs-based. These 
amendments are an important step towards the equitable distribution of 
federal resources for people living with HIV and AIDS.
  These amendments will also allow heavily impacted areas such as Long 
Beach to use their funds now for early intervention services, so they 
can locate people living with HIV and get them into care. With HIV 
infecting more than 40,000 Americans each year--at an average treatment 
cost of $200,000 per individual--prevention strategies remain the most 
cost effective use of public health dollars.
  Today, there are nearly 3800 AIDS cases in Long Beach alone. The Ryan 
White Care Act Amendments will go a long way in improving access to 
health care for these Americans, in addition to slowing the rate of new 
infections, especially in communities of color. I am pleased to lend my 
support to this important bill and encourage all my colleagues to do 
the same.
  Ms. SCHAKOWSKY. Mr. Speaker, I rise in strong support of S. 2311, the 
Ryan White CARE Act Amendments of 2000. This bill will make a real and 
profound difference in the lives of persons living with HIV/AIDS by 
providing resources for essential primary care health and support 
services.
  The Ryan White CARE Act was first passed in 1990. Since that time, 
the face of the HIV/AIDS epidemic has changed but the need for the Ryan 
White CARE Act has not. Today, it is more important than ever that we 
act to expand access to health and social services.
  Since coming to Congress, I have had the opportunity to visit with 
many of my constituents who have benefited from the Ryan White CARE 
Act. Person after person has told me that, without this Act, they would 
be unable to afford the treatments needed so that they can remain 
healthy and productive members of their community. As members of 
Congress, we have supported increased medical research efforts that 
have led to promising treatment advances for people living with HIV/
AIDS. The Ryan White CARE Act helps to ensure that people can actually 
obtain that treatment. It helps them find affordable housing and 
employment opportunities. It is a program that works and deserves our 
continued support.
  In my district, as in other parts of the country, the HIV/AIDS 
epidemic continues to threaten individuals, families and communities. I 
want to recognize the outstanding efforts of many in combating this 
crisis, both here and in the Chicagoland area. In particular, I want to 
thank Representative Henry Waxman for his outstanding leadership. As 
the original sponsor of the Ryan White CARE Act, he has worked to make 
sure that it remains effective and is flexible enough to address the 
changing nature of this epidemic.
  I also want to point out the enormous efforts of the City of Chicago 
and, specifically, the Department of Public Health. Mayor Richard Daley 
has developed a strategic plan to provide a comprehensive response to 
this epidemic, working with providers, prevention experts, community 
representatives and, most importantly, people living with HIV/AIDS. 
Recognizing that today there are more people living with an AIDS 
diagnosis in Chicago than at any other time, the City is working to 
prevent new infections, provide access to drug therapies and other 
treatments, improve other services such as affordable housing, and 
ensure that resources are used as effectively as possible to reflect 
changing needs. Reauthorization of the Ryan White CARE Act with 
adequate funding is essential to meeting those goals. I also want to 
point out the important work of the AIDS Foundation of Chicago and 
Chicago Health Outreach in this effort.
  Finally, we must recognize that women and people of color represent a 
disproportionate number of new AIDS cases. Many of those impacted are 
uninsured, have no regular access to primary care services, and are 
unable to afford anti-HIV therapies. I am working with the Evanston 
Health Department and the faith community in my district to reach out 
to these communities and provide information on prevention and 
available services. Therefore, I am pleased that S. 2311 makes 
improvements in the Ryan White CARE Act to help eliminate disparities 
in access to services and outreach to underserved communities.
  I urge my colleagues to support the Ryan White CARE Act 
reauthorization and to follow up on this action by providing full 
appropriation levels for its essential services.
  Mr. TOWNS. Mr. Speaker, I rise in support of S. 2311, which 
reauthorizes ``The Ryan White CARE Act''.
  HIV infection and AIDS in Brooklyn remains a difficult battle. The 
Centers for Disease Control found that minorities now account for more 
than half of all new cases in the United States. AIDS now kills more 
black men that gunshot wounds. And, it is also the leading cause of 
death for Hispanic men ages 25 to 44. This disease has equally affected 
women and children in minority communities. Eighty-four percent of the 
AIDS cases involving children, age 12 and under, can be found in the 
black community. And, AIDS has now become the second leading cause of 
death for black women

[[Page 21045]]

and the third leading cause for Hispanic women.
  I have witnessed these statistics first hand. My congressional 
district has the highest incidence of new AIDS cases of any area in New 
York City. Brownsville has more people living with AIDS than 12 States. 
It has the second highest number of blacks living with AIDS in all of 
New York City. In addition, East New York and the Ft. Greene 
neighborhoods have large populations of women living with AIDS.
  Yet, we have not witnessed either the research or treatment and care 
dollars following the change in disease patterns. While Brooklyn is the 
epicenter of this disease in New York City, the majority of the Ryan 
White and NIH funds are still going to organizations which do not serve 
this constituency. In response to language which I worked to include in 
this legislation, hopefully, this trend will be halted. And, minority 
communities, like Brownsville, Ft. Greene and East New York, will 
receive their fair share of treatment dollars.
  I am very pleased that with today's floor consideration of the Ryan 
White CARE Act we will be able to continue to bring resources to those 
communities and people who are impacted by AIDS and HIV infection. And, 
I would urge my colleagues to vote for its passage.
  Mr. RUSH. Mr. Speaker, I would like to take this opportunity to 
commend Mr. Waxman and Mr. Coburn for their hard work on the 
reauthorization of the Ryan White CARE Act of 2000. The Ryan White CARE 
Act provides grants to eligible metropolitan areas that are 
disproportionately affected by the HIV epidemic; it provides grants to 
the states and territories to provide health care support services to 
people living with HIV/AIDS; it provides programs which support 
outpatient HIV early intervention services for low-income, medically 
underserved people in existing primary care systems; and it provides 
services for children, youth, women and families in a comprehensive, 
community-based, family-centered system of care.
  I am glad to see that the Ryan White CARE Act Amendment of 2000 which 
I am a cosponsor, addresses the needs of people living with HIV and 
AIDS. As we witness the dramatic changes taking place in other world 
nations now confronting exploding epidemics of HIV/AIDS, we recognize 
that the course of the HIV epidemic is also changing.
  Racial and ethnic minorities are increasingly becoming affected with 
this dreadful disease at an alarming rate. With adequate funding, the 
Ryan White CARE Act can continue providing medical services to people 
living with HIV/AIDS, which can help to improve their quality of life.
  Mr. Speaker, I would like to thank all of my colleagues who have come 
to the floor today to speak on the importance of reauthorizing the Ryan 
White CARE Act of 2000. I am pleased that this important piece of 
legislation passed the House and Senate and that the leadership 
considered this important reauthorization before the end of this 
congressional session.
  Mr. NADLER. Mr. Speaker, I rise in strong support of S. 2311, the 
Ryan White CARE Act Amendments of 2000. This is important bipartisan 
legislation and I am pleased to see it on the floor today on its way to 
swift passage. I want to thank the authors for hearing the concerns 
that were raised when the bill first came through the House, and I 
believe we have reached a good compromise.
  Mr. Speaker, the AIDS epidemic has ravaged our communities throughout 
the country. The statistics are devastating. Through December 1998, 
nearly 700,000 people had been diagnosed with AIDS. Over 400,000 of 
these people have died. The Centers for Disease Control and Prevention 
estimates that over 40,000 people become infected with HIV each year 
with an estimated 600,000 to 900,000 people living with HIV today.
  As a nation, we could have thrown up our hands and given up in the 
face of this terrible tragedy. But in 1990, in one of the great 
legislative achievements of the last decade, Congress took action to 
address this emergency and passed the Ryan White CARE Act. The CARE Act 
is a comprehensive program providing treatment and support services to 
those living with HIV and AIDS. It has brought hope and a little 
humanity to this terrifying crisis.
  The CARE Act is a model of how we can accomplish great things in this 
chamber. By working together, we have produced a program that provides 
vital health services to people across the country while targeting 
communities most in need. It is an efficient program that has been an 
unqualified success.
  We haven't found a cure for AIDS yet, but scientists are making 
promising discoveries every day, bringing hope that we may one day rid 
ourselves of this disease once and for all. Until then, there is the 
CARE Act, reaching out to people who are suffering with HIV and AIDS 
today and who need our help to lead healthy and productive lives. This 
is a humane program that deserves our strong support.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support for a 
cause that must be sustained and implemented in America today. S. 2311, 
``Ryan White CARE Act of 2000'' will reauthorize the funds for programs 
while also changing the formula for current distribution of Ryan White 
programs. Mr. Speaker, I support this measure that builds on continuing 
efforts to safeguard the lives of those suffering the most. 
Accordingly, I applaud the efforts to bring this important legislation 
to the floor today before the end of the 106th Congress.
  Thanks to the persuasive skills by those working on behalf of those 
afflicted with the HIV/AIDS epidemic, the funding formula within this 
legislation will actually ensure that minorities are properly covered. 
The legislation maintains the integrity of the multistructure of the 
CARE Act, allowing funds to be targeted to the areas hardest hit by the 
HIV and AIDS epidemic. In addition, I am pleased that the legislation 
maintains and, in fact, strengthens the decision-making authority of 
local planning councils and allows resources to be used to locate and 
bring more individuals into the health care system. Further, I am also 
delighted to learn that the bill will provide more individuals with 
early intervention services, such as counseling and testing.
  This bill will give states the option to readily extend Medicaid 
coverage to people living with HIV. If adopted, states will have the 
ability to add poor and low-income uninsured persons living with HIV to 
the list of persons categorically eligible for Medicaid. This is very 
important for people of the 18th Congressional District of Texas who 
deserve every opportunity to getting the proper coverage it is so 
critical that they receive quality care. There are HIV-infected persons 
in my district and across America that need some relief immediately and 
thus I am pleased by the Medicaid provision in the legislation.
  Under current rules, most people living with HIV are ineligible for 
Medicaid until they have progressed to AIDS and are disabled. Yet, new 
treatment, such as highly active antiretrovial therapy (HAART), are 
successfully delaying the progression from HIV infection to AIDS. That 
is exciting, Mr. Speaker. We can turn this situation around. These 
advances, along with access to comprehensive health care, have improved 
the health and quality of life for many people living with HIV. 
However, without access to Medicaid these advances will remain out of 
reach for thousands of poor and low-income uninsured people living with 
HIV.
  Early access to HIV treatment through Medicaid, as provided by this 
legislation, will result in a reduction of new AIDS cases, increase the 
quality of life of thousands living with HIV, reduce high medical 
interventions such as inpatient hospitalizations and terminal care, 
increase tax revenues and reduce costs in the SSI and SSDI programs.
  Another initiative, that effects personally my 18th district in 
Texas, is the establishment of a new supplementary competitive grant 
program for states in ``severe need''. HHS must consider the importance 
of HIV and AIDS, the increased need for service along with the level of 
unmet need. HHS also must look at disparities in the access to services 
for historically underserved communities. Acknowledgment of loopholes 
is being met and solutions being made to combat the destitute situation 
many underserved communities find themselves in.
  Finally, I believe it is significant that the reauthorization of the 
Ryan White Act has the strong support of the Human Rights Campaign and 
AIDS Action, two organizations that has done monumental work in the 
promotion of better health care and other critical benefits for those 
afflicted with HIV/AIDS. As a result of their hard work, we have a 
bipartisan effort that finally begins to seek to reach out to 
minorities in unprecedented fashion.
  Congress has long recognized the broad scope of benefits of CARE Act 
programs to those impacted by the HIV and AIDS. We need to continue 
helping those in need and redouble our efforts to eliminate the 
epidemic of HIV/AIDS. Mr. Speaker, I strongly urge my colleagues to 
strongly support this legislation.
  Mr. HOLT. Mr. Speaker, I rise today to express my strong support for 
passing S. 2311 to reauthorize the Ryan White CARE Act.
  I am proud to be a cosponsor of the House reauthorization (H.R. 4807) 
that we passed by voice vote on July 27, 2000. I am equally proud to 
stand in support of Senate bill 2311. I urge my colleagues to continue 
their support for these amendments by voting for S. 2311, and help 
ensure that those with AIDS will continue to receive the support and 
resources they need.

[[Page 21046]]

  Mr. Speaker, we all know the troubling statistics. Since its 
inception, AIDS has claimed over 400,000 lives in the United States. An 
estimated 900,000 Americans are living with HIV/AIDS today. Women 
account for 30 percent of new infections. Over half of all new 
infections occur in persons under 25. As the AIDS crisis has continued 
year after year, it has become more and more difficult for anyone to 
claim that AIDS is someone else's problem.
  Since 1990, the CARE Act has helped establish a comprehensive, 
community-based continuum of care for uninsured and under-insured 
people living with HIV and AIDS, including access to primary medical 
care, pharmaceuticals, and support services. The CARE Act provides 
services to people who would not otherwise have access to care.
  As a result of the CARE Act, many people with HIV and AIDS are 
leading longer and healthier lives today.
  Mr. Speaker, since my election to Congress, I have strongly supported 
increases in funding for medical research. As the spouse of a 
physician, I have a special affinity for those suffering from life-
threatening illnesses. I know some believe that government is the 
problem and not the solution. But the truth is the opposite: in times 
of great human suffering and injustice, our government has acted to 
help our fellow citizens overcome life-threatening conditions and 
situations. Federal aid for the Ryan White CARE Act is a prime example 
of the good government can do in the face of tragedy and national 
danger.
  By passing S. 2311, we are making clear that the AIDS epidemic in the 
United States will receive the attention and public health response it 
deserves.
  By passing S. 2311 today, Mr. Speaker, we will affirm our commitment 
to people living with HIV/AIDS and their families. We will also be 
affirming our dedication to sound public policy. By reauthorizing the 
CARE Act, today, Mr. Speaker, we will give hope and a real chance for a 
better life to thousands of HIV/AIDS victims.
  Mr. DINGELL. Mr. Speaker, I rise today to express my strong support 
for S. 2311, the Ryan White CARE Act Amendments of 2000. This is an 
excellent bill and it deserves our immediate consideration and support.
  I want to take particular note of the way in which this bill has been 
developed. This bill comes to us by way of a remarkable bipartisan 
effort led by my good friend and colleague Representative Waxman and 
from the other side of the aisle, Representative Coburn. Given the 
complexity of the Ryan White program and the potentially controversial 
nature of the subject matter, the fact that we will pass a good bill at 
this time of year with a strong bipartisan vote is a tribute to them.
  Our colleagues in the other body have also worked hard on this bill 
and are to be congratulated for their effort. Senators Jeffords, 
Kennedy, and Frist have been solid partners in forging the legislation 
before us today.
  The CDC estimates that more than 900,000 persons in America are now 
living with HIV. Approximately one-third of these persons know they are 
infected and are receiving treatment. Another third know they are 
infected, but are not receiving treatment. Another third does not know 
they are infected. Another complication is that HIV infections are 
occurring in every region of the country and in every kind of 
situation. Underserved areas, such as rural areas, are having a 
particularly difficult time because they lack the infrastructure of 
proven prevention and treatment programs.
  In brief, S. 2311 keeps those programs that have withstood the test 
of time. Just as significantly, it makes changes where they were 
needed. The four titles of the Ryan White CARE Act contain a variety of 
grants and formulas that distribute funds at the state and local 
levels. As we all know, changing programs of this kind is never easy. 
In this case, we have successfully blended the need for change with the 
need for continuity of care for those areas that have been especially 
hard hit by the HIV/AIDS epidemic. On this point, let me note the great 
work of our colleagues Representatives Eshoo, Towns and Pelosi. I note, 
also, that a listing of all of the changes made to the Ryan White 
program by this bill is set forth in the statement of managers that 
will be included in the record of today's proceedings.
  Finally, Mr. Speaker, I wish to acknowledge the work of ranking 
member of the Health and Environment Subcommittee, Representative 
Brown, and the Subcommittee Chairman, Representative Bilirakis. They 
have forged a solid working relationship on a variety of bills that 
have come before us this year and we are grateful for their hard work 
and cooperation.
  The SPEAKER pro tempore (Mr. Simpson). All time for debate has 
expired.
  Pursuant to House Resolution 611, the previous question is ordered on 
the Senate bill, as amended.
  The question is on the third reading of the Senate bill.
  The Senate bill was ordered to be read a third time, and was read the 
third time.
  The SPEAKER pro tempore. The question is on the passage of the Senate 
bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 411, 
nays 0, not voting 22, as follows:

                             [Roll No. 512]

                               YEAS--411

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E.B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kingston
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Scott

[[Page 21047]]


     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--22

     Berkley
     Bonior
     Clay
     Eshoo
     Franks (NJ)
     Gephardt
     Hefley
     King (NY)
     Klink
     Lazio
     Maloney (CT)
     McCollum
     McIntosh
     Miller (FL)
     Murtha
     Obey
     Paul
     Rangel
     Sweeney
     Vento
     Wise
     Young (FL)

                              {time}  1151

  So the Senate bill was passed.
  The result of the vote was announced as above recorded.
  The title of the Senate bill was amended so as to read: ``A bill to 
amend the Public Health Service Act to revise and extend programs 
established under the Ryan White Comprehensive AIDS Resources Emergency 
Act of 1990, and for other purposes.''.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. MALONEY of Connecticut. Mr. Speaker, I was unavoidably detained 
during rollcall vote No. 512. Had I been present I would have voted 
``yes.''

                          ____________________



    PROVIDING FOR CONSIDERATION OF H.R. 2941, LAS CIENEGAS NATIONAL 
               CONSERVATION AREA IN THE STATE OF ARIZONA

  Mr. HASTINGS of Washington. Mr. Speaker, by direction of the 
Committee on Rules, I call up House Resolution 610 and ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 610

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2941) to establish the Las Cienegas National 
     Conservation Area in the State of Arizona. The first reading 
     of the bill shall be dispensed with. All points of order 
     against consideration of the bill are waived. General debate 
     shall be confined to the bill and shall not exceed one hour 
     equally divided and controlled by the chairman and ranking 
     minority member of the Committee on Resources. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. In lieu of the amendment recommended by the 
     Committee on Resources now printed in the bill, it shall be 
     in order to consider as an original bill for the purpose of 
     amendment under the five-minute rule the amendment in the 
     nature of a substitute printed in the Congressional Record 
     and numbered 1 pursuant to clause 8 of rule XVIII. That 
     amendment in the nature of a substitute shall be considered 
     as read. All points of order against that amendment in the 
     nature of a substitute are waived. During consideration of 
     the bill for amendment, the Chairman of the Committee of the 
     Whole may accord priority in recognition on the basis of 
     whether the Member offering an amendment has caused it to be 
     printed in the portion of the Congressional Record designated 
     for that purpose in clause 8 of rule XVIII. Amendments so 
     printed shall be considered as read. The Chairman of the 
     Committee of the Whole may: (1) postpone until a time during 
     further consideration in the Committee of the Whole a request 
     for a recorded vote on any amendment; and (2) reduce to five 
     minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes. At the conclusion of consideration of 
     the bill for amendment the Committee shall rise and report 
     the bill to the House with such amendments as may have been 
     adopted. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the amendment in the nature of a substitute made 
     in order as original text. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore. The gentleman from Washington (Mr. Hastings) 
is recognized for 1 hour.
  Mr. HASTINGS of Washington. Mr. Speaker, for the purpose of debate 
only, I yield the customary 30 minutes to the gentlewoman from New York 
(Ms. Slaughter), pending which I yield myself such time as I may 
consume. During consideration of this resolution, all time yielded is 
for the purpose of debate only.
  Mr. Speaker, H. Res. 610 is an open rule waiving all points of order 
against the consideration of H.R. 2941, a bill to establish the Las 
Cienegas National Conservation Area in the State of Arizona.
  The rule provides 1 hour of general debate to be equally divided 
between the chairman and ranking minority member of the Committee on 
Resources. The rule makes in order as an original bill for the purpose 
of amendment the amendment in the nature of a substitute printed in the 
Congressional Record and numbered 1, which shall be open for amendment 
at any point. The rule waives all points of order against the amendment 
in the nature of a substitute.
  The rule also authorizes the Chair to accord priority in recognition 
to Members who have preprinted their amendments in the Congressional 
Record. The rule further allows the chairman of the Committee on the 
Whole to postpone votes during the consideration of the bill and to 
reduce voting time to 5 minutes on a postponed question if the vote 
follows a 15-minute vote.
  Finally, the rule provides for one motion to recommit, with or 
without instructions.
  H.R. 2941, a bill introduced by the distinguished gentleman from 
Arizona (Mr. Kolbe), establishes the Las Cienegas National Conservation 
Area in parts of Pima, Santa Cruz, and Cochise Counties in Arizona. The 
bill directs the Secretary of the Interior to develop a management plan 
for the 42,000 acre area which will conserve, protect, and enhance its 
resources and values.
  Mr. Speaker, this legislation also authorizes the Secretary to 
purchase or exchange necessary acreage for the conservation area from 
willing sellers, both individuals and from the State of Arizona.
  The bill preserves a significant amount of land that is home to an 
important cross-section of plants and wildlife. It also creates 
142,000-plus acre planning district that is an important first step 
towards providing a biological corridor from the north of Tucson to 
Mexico for animal movements that are necessary for the long-term 
viability of some species.
  In addition, two of southern Arizona's perennial streams, the Cienega 
Creek and the Babocamari River, would be protected by this legislation, 
ensuring a long-term sustainable riparian area.

                              {time}  1200

  Land will also be available for human use in ranching, hunting, and 
recreation.
  H.R. 2941 was reported by unanimous consent by the Committee on 
Resources on September 20, 2000. Accordingly, I urge my colleagues to 
support both the rule, House Resolution 610, and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of this open rule, and urge my 
colleagues to pass it.
  The underlying bill comes after extensive negotiations between the 
bill's supporters and the administration, and would establish the Las 
Cienegas National Conservation Area located in Arizona.
  This land is important for a diverse cross-section of plants and 
wildlife. The bill creates the 137,000-acre Sonoita Valley Conservation 
Planning District, which includes the 42,000 acre Las Cienegas National 
Conservation Area.

[[Page 21048]]

  Moreover, the bill would provide an important first step to creating 
a biological corridor that extends from north of Tucson to Mexico for 
animal movements that are necessary for the long-term viability of some 
species.
  In addition, two of southern Arizona's perennial streams, the Cienega 
Creek and the Babocomari River, would be protected, ensuring a long-
term, sustainable riparian area.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1 
minute to the author of this bill, the gentleman from Arizona (Mr. 
Kolbe).
  Mr. KOLBE. Mr. Speaker, I rise in support of this rule for H.R. 2941, 
the Las Cienegas National Conservation Area Establishment Act.
  As the gentleman from Washington said, it is an open rule, and 
deserves support of all the Members of this body.
  Ms. SLAUGHTER. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I have no further requests 
for time, I yield back the balance of my time, and I move the previous 
question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SHUSTER. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 411, 
nays 0, not voting 22, as follows:

                             [Roll No. 513]

                               YEAS--411

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

                             NOT VOTING--22

     Baird
     Chenoweth-Hage
     Clay
     Eshoo
     Franks (NJ)
     Goodling
     Granger
     Hefley
     King (NY)
     Klink
     Lazio
     McCollum
     McIntosh
     Miller (FL)
     Murtha
     Obey
     Paul
     Payne
     Stabenow
     Sweeney
     Vento
     Wise

                              {time}  1220

  Ms. McCARTHY of Missouri changed her vote from ``nay'' to ``yea.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________



                    FURTHER MESSAGE FROM THE SENATE

  A further message from the Senate by Mr. Lundregan, one of its 
clerks, announced that the Senate has passed without amendment a joint 
resolution of the House of the following title:

       H.J. Res. 110. Joint Resolution making further continuing 
     appropriations for the fiscal year 2001, and for other 
     purposes.

                          ____________________



                     QUESTION OF PERSONAL PRIVILEGE

  Mr. SHUSTER. Mr. Speaker, I rise to a point of a personal privilege.
  The SPEAKER pro tempore (Mr. Quinn). The Chair has been apprised of 
the predicate on which the gentleman from Pennsylvania (Mr. Shuster) 
seeks recognition and finds (in consonance with the precedents cited in 
section 708 of the House Rules and Manual) that it qualifies as a 
question of personal privilege under rule IX.
  The gentleman from Pennsylvania (Mr. Shuster) is recognized for 1 
hour.
  Mr. SHUSTER. Mr. Speaker, first, I want to thank the Members of the 
Committee on Standards of Official Conduct for concluding what has been 
a 4-year nightmare to myself and my family. In fact, 4 years, 1 month 
and 31 days ago, a group associated with Ralph Nader filed an ethics 
complaint against me.
  I have agreed to accept a single letter of reproval to settle this 
matter. Now, this letter of reproval deals with matters of appearances 
of improprieties to which I acknowledge. I am very pleased that the 
committee dismissed the wild and inaccurate charges originally filed by 
the Nader group. I am very pleased

[[Page 21049]]

that not a single allegation, not a scintilla of evidence, not a hint 
of any of this referred to any actions that I took that influenced my 
activities as chairman of my committee.
  Now, the Webster dictionary defines reproval. As we know, a letter of 
reproval, by definition, is the mildest form of sanction. The Webster 
dictionary defines it as, and I quote, ``to scold or correct, usually 
gently and with kindly intent.''
  Now, I must confess I feel neither gentle nor kindly about this 4-
year nightmare which has been so difficult for my family and which has 
cost hundreds of thousands of dollars in legal fees.
  It began with this Nader organization complaint filed. And under the 
rules, it is a fact, not an opinion, it is a fact that, under the 
rules, such a complaint must include the signatures of three sitting 
Members. It is a fact, not an opinion, that at least one of those 
signatures, not only was not signed by a Member, his name was not even 
spelled correctly. So on the face of it, this should have been rejected 
in the very beginning. The then committee began the investigation by 
violating their own rules. But that is something behind us.
  It is also a fact that, in the week of October 5, 1998, 2 years ago, 
the then chairman of the committee sought me out and said to me, and I 
can quote it because I immediately not only wrote it down, but also 
sent it to my attorneys and sent a copy of a letter to the 
distinguished gentleman himself to make sure that I had not 
misunderstood. He said to me that, after conferring with other Members 
of the committee, that they wanted to wrap up the matter by year's end 
because there was nothing of substance. It was, and I emphasize, I 
quote, ``B.S.'' I immediately prepared a memorandum, and of course my 
family and I proceeded on this basis.
  As it turned out, that was 2 years ago. I was told they wanted to 
wrap it up by year's end. It did not happen. We regret that. But we 
went on to do our best to try to comply with this nightmare.
  It is also a matter of public record that the chairman of the 
investigation committee and I have had bad blood over the years, 
largely, although not exclusively, over the fact that I refused to 
block a 6-runway which he wanted killed for his airport. At the time, 
people came to me and said ``you should object under the rules to that 
gentleman being chairman of the subcommittee.'' I said absolutely not. 
I said then that gentleman is an honorable gentleman, and I said now 
that gentleman is an honorable gentleman. So I agreed for us to proceed 
under those rules.
  I agreed to this letter. It is true that, after my chief of staff of 
22 years retired, I and my new chief of staff contacted that old chief 
of staff numerous times on official business to get guidance because 
that former chief of staff was the only one who had the knowledge that 
we needed to conduct the affairs of our office. If that created an 
appearance of impropriety, absolutely. That is true.
  It is also true that my wife and I and my family went to Puerto Rico 
on what we believed to be an official trip. While it is true that we 
did, indeed, meet with two different organizations on official business 
plus, as a member of the Permanent Select Committee on Intelligence, I 
took time to meet with DEA agents on drug matters relating to Puerto 
Rico, nevertheless it was concluded by the committee that this trip was 
more recreational. I accept that judgment that it created the 
appearance of recreation.
  It is also true that my congressional staff contributed many times to 
work in my campaign. It is true that we kept no written records. I 
acknowledge that. I admit that. If that is an appearance of 
impropriety, so be it. We understand that the particular staff person 
in question did testify that she worked nights and weekends to make it 
up. But, absolutely, we did not keep records which have been deemed to 
be adequate, and so I have no problem in acknowledging that violation.
  It is also true that the Bud Shuster for Congress Committee spent 
hundreds of thousands of dollars on dinners and charter flights. We 
identified it as political. But it is true that we did not spell out 
the details. We did not spell out who it was we had dinner with. We did 
not spell out the purpose of the dinner. We reported it all on our FEC 
reports, but we did not provide any detail. So if that is an appearance 
of impropriety, so be it. I accept it.
  Also, the word ``excessive'' was used in spending campaign funds. 
Now, if one comes from a rural area, we do not have the benefit of 
airlines, scheduled airlines. We have to use charter flights.

                              {time}  1230

  But between the dinners and the flights, these campaign expenses were 
``excessive.'' We thought that was something the FEC was supposed to 
deal with, but nevertheless we accept that. If that created the 
appearance of impropriety, so be it.
  But I would point out, in fact, it really raises my hackles a bit 
when people say, ``Well, you didn't have any opposition.'' My 
colleagues, I have got to confess to the sin of pride. I am the only 
Pennsylvanian in our Nation's history who has won both the Democratic 
and the Republican nominations nine times. These Democratic nominations 
did not fall out of the sky. We conduct very, very complicated write-in 
campaigns. And in 11 counties, we have had to run 11 campaigns for a 
write-in campaign. It costs a lot of money.
  We work 365 days a year on the political end of our activities, and 
we do spend an awful lot of money. And if that created the appearance 
of impropriety, I accept that.
  Now, if our practices created the appearance of impropriety, our 
attorneys at one point said, wait a minute, these are common practices. 
I said, well, I thought they were, but maybe they are not. So our 
attorneys initiated investigations into the FEC reports as well as the 
ethics report of 35 Members of Congress, both sides of the aisle, 
particularly Members of the Committee on Standards of Official Conduct 
and the leadership in the Congress to see whether these practices were 
also conducted by other Members of the Congress. And, indeed, they 
discovered that in a vast majority of the cases, meals, with the full 
range of Washington restaurants, Mr. K's, Red Sage, Morton's, Capitol 
Grill, were paid for by campaign expenses. The Palm, the MCI Center, 
private clubs, golfing expenses; all paid for with campaign expenses. 
Entertainment, music, florists, commercial airfare.
  Indeed, I emphasize since we do not have commercial flights in rural 
Pennsylvania, I had to rely on charter flights, but we spent an awful 
lot of money on it. And if that created an appearance of impropriety, 
absolutely I accept that.
  Members, as they traveled around in style, Sun Valley, campaign 
expenses or paid for by private groups; Sun Valley, Idaho, Jackson 
Hole, Aspen, Boulder, Miami, Boca Raton, Orlando, Ft. Myers, Naples, 
Palm Springs, Pebble Beach, the list goes on and on, Mexico, Puerto 
Rico, Bermuda, Virgin Islands, Cuba, Panama, London, Scotland, Ireland, 
Rome, Zurich, Tokyo, Hong Kong, Singapore, South Africa, et cetera, et 
cetera, all paid for by private groups.
  Now, it is a fact that we did not keep a record of how much of my 
time was spent on official business and how much time was spent on 
recreation. This is one of the things that the Congress and the 
committee might want to consider clarifying this, so that when a Member 
does go on a trip paid for by a private group, he should keep a record 
of how many hours and minutes he spends on official business and how 
many hours and minutes he spends on recreations so we would know 
clearly and so my colleagues do not find themselves in the same 
difficulty in which we have found ourselves.
  In fact, I considered introducing legislation, but it is not my style 
to do something with tongue-in-cheek to say that we have got to have 
written records of every time we go and have a dinner with somebody, 
and we must write down who the person was and what was talked about. Do 
we really want that around here? Well, what is

[[Page 21050]]

good for the goose is good for the gander, but it is certainly not my 
point to suggest that that should be done.
  I have to tell my colleagues that my attorneys read the committee 
report, and they take violent exception to some of the 
characterizations in it, and urge, by the way, that all my colleagues 
read our reply to the report, but I accept the letter of reproval. I 
accept the appearance of impropriety. In the course of it, my attorneys 
tell me there were 150 subpoenas, 75 witnesses, 33 depositions; and 
they tell me time and time again in debriefings that they were informed 
that these witnesses by the staff attorneys were intimidated, were 
threatened, and were harassed.
  I want to emphasize very strongly, these are not the gentlemen and 
ladies on the Committee on Standards of Official Conduct. As far as I 
have been apprised, the gentlemen and the ladies on the Committee on 
Standards of Official Conduct conducted themselves in a manner which we 
all would expect them to conduct themselves. The staff, of course, was 
a different situation.
  So in conclusion, this 4-year ordeal is over. I accept the findings 
to stop the hemorrhaging of legal fees and to put this behind us. I am 
less than thrilled by the drumbeat of malicious, inaccurate newspaper 
stories which have appeared over the period of time. I certainly want 
to thank my family and my friends, my staff and my colleagues for their 
tremendous support which I have received during this 4-year nightmare. 
And perhaps most significantly, as a result of the tremendous support I 
have received, our Committee on Transportation and Infrastructure has 
been able to be an effective committee, has been a committee which in 
fact, more than any other committee in the Congress, I am told, has 
seen 119 pieces of legislation signed into law, the largest and most 
productive committee of the Congress with, indeed, some historic pieces 
of legislation.
  So I accept the findings of the committee in order to put this behind 
us. And most importantly I want to thank all my colleagues for their 
tremendous support over this period of time.
  Mr. OBERSTAR. Mr. Speaker, will the gentleman yield?
  Mr. SHUSTER. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Speaker, the apologia pro vita sua we have just 
heard from the gentleman in the well is and represents one of the most 
intensely personal moments in this body; one of the most human 
experiences that we engage in. None of us, unless we stand in that 
well, as the gentleman has just done, can understand the pain and the 
difficulty, but also the strength of character it takes to deliver the 
statement the gentleman has just made, and to say ``I accept the 
judgment.'' But it is characteristic of the gentleman to do so.
  The gentleman has led the committee throughout all this ordeal with 
dignity and effectiveness. I know how pained the gentleman is over this 
report, but I am proud of this moment that he has taken to address his 
colleagues and to address the country and to address this institution, 
and I thank the gentleman.
  Mr. SHUSTER. Reclaiming my time, Mr. Speaker, I thank my good friend, 
and I yield back the balance of my time.

                          ____________________



    LAS CIENEGAS NATIONAL CONSERVATION AREA IN THE STATE OF ARIZONA

  The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 
610 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 2941.

                              {time}  1240


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2941) to establish the Las Cienegas National Conservation Area in 
the State of Arizona, with Mr. Quinn in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Utah (Mr. Hansen) and the 
gentleman from West Virginia (Mr. Rahall) each will control 30 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume, 
and I rise in full support of H.R. 2941, which establishes the Cienegas 
National Conservation Area and the Sonoita Valley Conservation Planning 
District in the State of Arizona. Authored by my colleague, the 
gentleman from Arizona (Mr. Kolbe), this legislation will ensure the 
future protection and use of this area.
  The purpose of H.R. 2941 is to preserve the many historical, 
recreation, and rangeland resources of the region while also allowing 
for environmentally responsible grazing and recreation to continue. The 
planning district consists of approximately 137,000 acres of land in 
the Arizona counties of Pima and Santa Cruz. The conservation area on 
the southern end of the planning district encompasses nearly 42,000 
acres of Federal public land. Both of these management prescriptions 
will conserve, protect, and enhance for the benefit and enjoyment of 
present and future generations the unique aquatic, wildlife, cave, 
historical, and other resources and values which allowing livestock 
grazing and recreation to continue.
  In 1995, the Sonoita Valley Planning Partnership was formed to work 
on public lands issues in the Empire-Cienega Resources Conservation 
Area, which the BLM established in 1988. The partnership is comprised 
of various stakeholders, such as hiking clubs, conservation 
organizations, grazing and mining interests, off-highway vehicle clubs, 
mountain bike clubs, as well as Federal, States, and county government 
entities. The SVPP has developed a collaborative management plan for 
these lands, and the National Conservation Area designation gives this 
plan's objectives permanence.
  The establishment of this conservation planning district and national 
conservation will not affect any property rights of any lands or 
interests in lands held by the State of Arizona, any political 
subdivisions of the State of Arizona, or any private landowners. In 
addition, reasonable access to non-federally owned lands or interest in 
lands within the NCA must be provided. The establishment of the 
National Conservation Area must also allow for multiple use, such as 
grazing, motorized vehicles, military overflights, and hunting.
  Mr. Chairman, this bill ensures the designation of the NCA will not 
lead to the creation of protective perimeters or buffer zones. This 
bill also assures that any activity or use on lands outside the NCA are 
not precluded as a result of the designation. In addition, this bill 
directs the Secretary to develop and implement a comprehensive 
management plan for the long-term management of the area.
  Mr. Chairman, my colleague, the gentleman from Arizona (Mr. Kolbe), 
deserves a lot of credit for bringing H.R. 2941 to this point. 
Following the initial hearing on this legislation, many concerns were 
raised about boundaries, private and State lands, and grazing language. 
After several months of negotiation with the minority and the Secretary 
of the Interior, he has produced legislation that is balanced and 
reasonable. I want to commend the gentleman from Arizona (Mr. Kolbe) 
for his patience and hard work. This is a worthy piece of legislation, 
and I strongly urge my colleagues to support H.R. 2941.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I yield 3 minutes to the gentleman from 
Arizona (Mr. Pastor), a member of the powerful Committee on 
Appropriations.
  Mr. PASTOR. Mr. Chairman, I rise to support this legislation, which I 
have cosponsored and is of tremendous importance to Arizona 
maintenance.
  I appreciate the efforts of the chairman of the Committee on 
Resources, the gentleman from Alaska (Mr. Young); and the ranking 
member, the gentleman from California (Mr.

[[Page 21051]]

George Miller); as well as the subcommittee chairman, the gentleman 
from Utah (Mr. Hansen); and my dear friend, the gentleman from West 
Virginia (Mr. Rahall), for moving this legislation.
  As my colleagues know, this legislation will designate approximately 
206,000 acres of land within Pima, Cochise, and Santa Cruz Counties as 
a National Conservation Area. I represent the area of the designation 
within Santa Cruz County. I believe, as do many others within Arizona, 
that it is important for this area to be designated a National 
Conservation Area.

                              {time}  1245

  This designation would allow for the local people to continue their 
involvement in the use and preservation of this area by having a say in 
the important management plan to be developed by the Secretary of 
Interior.
  In 1988, the Empire-Cienegas Resources Conservation Area was 
established by the Bureau of Land Management. In 1995, in order to 
address and work on land issues within the Conservation Area, a diverse 
and caring group of citizens formed the Sonoita Valley Planning 
Partnership. Virtually every group with an interest in the use and 
conservation of the area was included in the Partnership.
  Conservation organizations have continued to have a say in how this 
land should be used and protected. Hiking clubs address the needs of 
the area both in the recreational activities and preservation. Off-
highway vehicle clubs and mountain biking clubs have explored ways to 
use this land while protecting its pristine value and not spoiling it 
for wildlife and for plant species.
  Ranchers have joined the Partnership to best explain how the land can 
be used for grazing without having a detrimental impact on the 
environment. Mining companies continue to work within the Partnership 
in hopes of ensuring an area will be preserved for recreation, 
wildlife, and beauty.
  Finally, State, Federal, and local governments have been included to 
address the needs of their constituents which are not part of other 
groups.
  Mr. Chairman, I commend the Sonoita Valley Planning Partnership for 
having developed a management plan for these lands. By Congress 
designating Las Cienegas as a National Conservation Area, we will give 
a permanence to the bold and innovative plan that the Partnership has 
developed. In fact, the management plan is the core of this National 
Conservation Area designation. In simple terms, it is a plan by local 
people for local lands.
  Mr. Chairman, while there are many details to this legislation, it is 
important to point out that this bill would preserve a significant 
amount of land from Tucson to Mexico. It would create a biological 
corridor that is necessary for the long-term survival of several 
species that move within the designated area, not to mention protecting 
a diverse cross-section of plants. It would also sustain a long-term 
riparian area along two southern Arizona perennial streams.
  In closing, Mr. Chairman, we all know there are several options for 
protecting this land. After looking at all the alternatives, I support 
the approach of the gentleman from Arizona (Mr. Kolbe) of the Sonoita 
Valley Planning Partnership as the best alternative to maintaining and 
preserving this area. By designating this area as a National 
Conservation Area, we are taking a practical and meaningful approach 
toward preserving our environment in southeastern Arizona.
  I urge my colleagues to support this important legislation.
  Mr. HANSEN. Mr. Chairman, I am happy to yield such time as he may 
consume to the author of this legislation, the gentleman from Arizona 
(Mr. Kolbe), who has done such an outstanding job on this legislation.
  Mr. KOLBE. Mr. Chairman, I thank the gentleman from Utah (Mr. Hansen) 
for yielding me the time.
  Mr. Chairman, to paraphrase Winston Churchill, consideration of H.R. 
2941 marks not the beginning of the end for this legislation, but 
rather the end of the beginning.
  I say that because this is the culmination of 5 years of work by the 
people who live and work in the area, but its enactment will mark the 
beginning of an effort to preserve 143,000 acres of land so that future 
generations can enjoy Arizona's great western heritage, ranching, 
outdoor recreation and vast open spaces of desert filled with wildlife.
  This bill establishes the Las Cienegas National Conservation Area. 
Mr. Chairman, for the benefit of my colleagues, ``Las Cienegas'' means 
``the marshes,'' something we do not normally associate with Arizona. 
And yet this river bottom, this watershed is indeed one of the 
spectacular areas of marshes and bogs.
  The legislation will ensure that a land management plan is developed 
that is consistent with local needs and interests. Besides grazing and 
recreation, other authorized uses of the lands and the NCA include 
motorized vehicles on specified roads and trails, continued military 
overflights, and hunting in accordance with State law.
  However, future mineral leases are prohibited. The management plan of 
this NCA must be based on the local partnership's land use plan that 
has been collaborative in nature. The plan must include educational 
programs as well as the strategies for management of wildlife, cultural 
resources, and cave resources.
  The bill also protects private property rights and it ensures access 
to private and other non-Federal properties within the NCA boundary.
  This legislation reflects, I believe, a balanced approach to land 
management that recreation, hunting and ranching can coexist with the 
Sonoran desert ecosystem. Several perspectives have been brought to the 
table during the 5 years that this vision has been molded into its 
current shape, and the gentleman from Utah (Mr. Hansen) alluded to some 
of that.
  The interest of hiking clubs, of conservation groups, of grazing 
permittees, of mountain bike clubs, as well as State and county 
governments have all been intricately involved and interwoven in this 
consensus building process.
  The bill does indeed, as a result, have very broad support. Both 
counties affected by this bill have passed unanimous bipartisan 
resolutions of support. It has shown to have bipartisan support here in 
the House of Representatives. It has support from the Department of 
Army and the very nearby Fort Huachuca. It has support of the City of 
Tucson and support of the Empire Ranch Foundation, of environmental 
organizations, of the Arizona and Pima Trail Associations, of the 
Southern Arizona Mountain Bike Association, of the Green Valley Hiking 
Club. And today, just this morning, I am pleased to say that the 
Governor of the State of Arizona has just faxed us a letter of her 
support.
  Yes, it even has the support of developers.
  The bill establishes a 142,800 acres Sonoita Valley Acquisition 
Planning District, which includes the 42,000 acres Las Cienegas 
National Conservation Area.
  The goal of this acquisition planning district is to give the 
Secretary of the Interior the authority to reach a consensual agreement 
with the Governor of Arizona to acquire the State lands and prevent 
urban sprawl in the region.
  This is a one-way street, however. The Secretary of Interior has to 
try to negotiate and coordinate with the State, but the State must 
weigh its options and decide whether this would be beneficial for them. 
If the State or other non-Federal landowners decide not to participate 
in this vision, this legislation does not prevent them from doing 
anything that would be allowed today on that land. It simply provides 
another option to the State as the major landholder within this 
acquisition planning area.
  Also, let me point out that there are no private lands within the NCA 
boundary, and non-Federal land within the acquisition planning district 
could become a part of the National Conservation Area only if they are 
acquired from a willing seller or if a conservation easement is 
purchased by the Bureau of Land Management.

[[Page 21052]]

  Mr. Chairman, I am proud to be here today representing the people of 
southeastern Arizona on the development of this legislation. They have 
made a very conscious effort to work with their neighbors, to 
understand the differing interests, the competing interests that are 
included in this bill, and to come up with a plan that meets everyone's 
needs.
  Lastly, I would like to take this opportunity to express my thanks 
and appreciation to the multitude of people who have helped us to get 
to this point. Many people have put their heart and soul into this 
bill.
  I think of Luther Propst and Mary Vint with the Sonoran Institute; 
John and Mac Donaldson and John McDonald with the Empire Ranch, and I 
only wish, I might add, that I could give them some rain right now for 
their cattle and their feed; of Sheldon Clark, Peter Backus; 
Supervisors Ray Carroll of Pima County and Ron Morriss of Santa Cruz 
County; Arizona Game & Fish Commissioner Joe Carter; and Jesse Juen and 
Laurie Sedlmayr with the Bureau of Land Management.
  I also commend Governor Hull and her staff for their valuable 
contributions to the legislation. I especially want to thank my 
colleague, the gentleman from Arizona (Mr. Pastor), for his consistent 
support. Lisa Daly with Legislative Counsel has to be commended for 
dealing with my staff's constant pestering and pleasantly and 
competently dealing with the seemingly never-ending changes to the 
bill.
  Finally, I thank my own staff in Arizona: Kay McLoughlin, Bernadette 
Polley. And as a witness to just how long this has been going on, I 
express my thanks also to Melinda Carrell, who retired more than a year 
ago, not, I might add, because of this bill, but played an instrumental 
role in developing this legislation.
  Without the dedicated work of Kevin Messner, who is with me on the 
floor today, giving birth to this bill countless times, negotiating 
improvements, and maneuvering through mine fields, we would not be here 
on the floor with this bill today.
  And finally, last but not least, let me also thank the gentleman from 
Utah (Mr. Hansen), the chairman of subcommittee; Allen Freemyer from 
the majority staff; and Rick Healy from the minority staff for their 
invaluable input for bringing us here. These folks have been invaluable 
in this effort. I give my heartfelt thanks to them and say this is what 
I think the legislative process ought to be about.
  I urge my colleagues to vote in favor of a 5-year bipartisan, multi-
interest compromise that is being asked for by the people, and I can 
say virtually all the people, of southern Arizona.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I simply want to commend and congratulate the gentleman 
from Arizona (Mr. Kolbe) for the manner in which he has moved this 
legislation, as well as the subcommittee chairman, the gentleman from 
Utah (Mr. Hansen).
  At the appropriate time, I will submit the statement of the ranking 
member, the gentleman from California (Mr. George Miller) for the 
Record.
  We support the revised bill.
  Mr. Chairman, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the gentleman from Arizona (Mr. Kolbe) for the 
excellent presentation that he just gave us concerning this piece of 
legislation.
  Mr. GEORGE MILLER of California. Mr. Chairman, H.R. 2941, introduced 
by Mr. Kolbe, would establish a new national conservation area (NCA) in 
southeastern Arizona, near Tucson. The area consists of hills, 
grasslands and marshes along a stretch of Cienega Creek. Left 
unaddressed, this area is likely to succumb to urban sprawl.
  At the hearing on H.R. 2941, Interior Secretary Babbitt testified in 
general support a conservation designation for the area. However, there 
were a significant number of problems with the language of the bill 
that the Secretary and others elaborated on.
  Between the hearing and mark up of the legislation there were 
discussions among the majority and minority staffs, as well as BLM 
staff and the bill sponsor on changes that could be made to the bill to 
make it an acceptable proposal.
  We appreciate the fact that the bill reported by the Resources 
Committee made many positive changes to the bill. However, in one 
instance the reported bill represented a step backward rather than a 
step forward.
  We did not support the language in the Committee bill as it pertains 
to grazing. This language had the effect of according grazing a higher 
status than it has under current law. While the revised bill had many 
good features to it, on grazing it fell short.
  I am pleased that the version of the bill made in order today under 
the Rule includes provisions that address the problem with the grazing 
language of the Committee-reported bill. The new language provides for 
environmentally sustainable grazing on appropriate lands within the 
conservation area. As such, this language will be consistent with the 
protection of the important resource values of the area.
  Mr. Chairman, I appreciate the work of Representative Kolbe and his 
staff in addressing this important matter. I will be supporting H.R. 
2941 with this new language and urge my colleagues to do likewise.
  Mr. HANSEN. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  In lieu of the amendment recommended by the Committee on Resources 
printed in the bill, it shall be in order to consider as an original 
bill for the purpose of amendment under the 5-minute rule an amendment 
in the nature of a substitute printed in the Congressional Record and 
numbered 1. That amendment in the nature of a substitute shall be 
considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

       Strike all after the enacting clause and insert the 
     following new text:

     SECTION 1. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     apply:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Las Cienegas National Conservation Area established 
     by section 4(a).
       (2) Acquisition planning district.--The term ``Acquisition 
     Planning District'' means the Sonoita Valley Acquisition 
     Planning District established by section 2(a).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area.
       (4) Public lands.--The term ``public lands'' has the 
     meaning given the term in section 103(e) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except 
     that such term shall not include interest in lands not owned 
     by the United States.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION 
                   PLANNING DISTRICT.

       (a) In General.--In order to provide for future 
     acquisitions of important conservation land within the 
     Sonoita Valley region of the State of Arizona, there is 
     hereby established the Sonoita Valley Acquisition Planning 
     District.
       (b) Areas Included.--The Acquisition Planning District 
     shall consist of approximately 142,800 acres of land in the 
     Arizona counties of Pima and Santa Cruz, including the 
     Conservation Area, as generally depicted on the map entitled 
     ``Sonoita Valley Acquisition Planning District and Las 
     Cienegas National Conservation Area'' and dated October 2, 
     2000.
       (c) Map and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     Acquisition Planning District. In case of a conflict between 
     the map referred to in subsection (b) and the map and legal 
     description submitted by the Secretary, the map referred to 
     in subsection (b) shall control. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the Office of 
     the Director of the Bureau of Land Management, and in the 
     appropriate office of the Bureau of Land Management in 
     Arizona.

     SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT.

       (a) In General.--The Secretary shall negotiate with land 
     owners for the acquisition of lands and interest in lands 
     suitable for Conservation Area expansion that meet the 
     purposes described in section 4(a). The Secretary shall only 
     acquire property under this Act pursuant to section 7.
       (b) Federal Lands.--The Secretary, through the Bureau of 
     Land Management, shall administer the public lands within the 
     Acquisition Planning District pursuant to this Act and the 
     applicable provisions of the

[[Page 21053]]

     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.), subject to valid existing rights, and in 
     accordance with the management plan. Such public lands shall 
     become part of the Conservation Area when they become 
     contiguous with the Conservation Area.
       (c) Fish and Wildlife.--Nothing in this Act shall be 
     construed as affecting the jurisdiction or responsibilities 
     of the State of Arizona with respect to fish and wildlife 
     within the Acquisition Planning District.
       (d) Protection of State and Private Lands and Interests.--
     Nothing in this Act shall be construed as affecting any 
     property rights or management authority with regard to any 
     lands or interest in lands held by the State of Arizona, any 
     political subdivision of the State of Arizona, or any private 
     property rights within the boundaries of the Acquisition 
     Planning District.
       (e) Public Lands.--Nothing in this Act shall be construed 
     as in any way diminishing the Secretary's or the Bureau of 
     Land Management's authorities, rights, or responsibilities 
     for managing the public lands within the Acquisition Planning 
     District.
       (f) Coordinated Management.--The Secretary shall coordinate 
     the management of the public lands within the Acquisition 
     Planning District with that of surrounding county, State, and 
     private lands consistent with the provisions of subsection 
     (d).

     SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL 
                   CONSERVATION AREA.

       (a) In General.--In order to conserve, protect, and enhance 
     for the benefit and enjoyment of present and future 
     generations the unique and nationally important aquatic, 
     wildlife, vegetative, archaeological, paleontological, 
     scientific, cave, cultural, historical, recreational, 
     educational, scenic, rangeland, and riparian resources and 
     values of the public lands described in subsection (b) while 
     allowing livestock grazing and recreation to continue in 
     appropriate areas, there is hereby established the Las 
     Cienegas National Conservation Area in the State of Arizona.
       (b) Areas Included.--The Conservation Area shall consist of 
     approximately 42,000 acres of public lands in the Arizona 
     counties of Pima and Santa Cruz, as generally depicted on the 
     map entitled ``Sonoita Valley Acquisition Planning District 
     and Las Cienegas National Conservation Area'' and dated 
     October 2, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     Conservation Area. In case of a conflict between the map 
     referred to in subsection (b) and the map and legal 
     description submitted by the Secretary, the map referred to 
     in subsection (b) shall control. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the Office of 
     the Director of the Bureau of Land Management, and in the 
     appropriate office of the Bureau of Land Management in 
     Arizona.
       (d) Forest Lands.--Any lands included in the Coronado 
     National Forest that are located within the boundaries of the 
     Conservation Area shall be considered to be a part of the 
     Conservation Area. The Secretary of Agriculture shall revise 
     the boundaries of the Coronado National Forest to reflect the 
     exclusion of such lands from the Coronado National Forest.

     SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION 
                   AREA.

       (a) In General.--The Secretary shall manage the 
     Conservation Area in a manner that conserves, protects, and 
     enhances its resources and values, including the resources 
     and values specified in section 4(a), pursuant to the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.) and other applicable law, including this Act.
       (b) Uses.--The Secretary shall allow only such uses of the 
     Conservation Area as the Secretary finds will further the 
     purposes for which the Conservation Area is established as 
     set forth in section 4(a).
       (c) Grazing.--The Secretary of the Interior shall permit 
     grazing subject to all applicable laws, regulations, and 
     Executive Orders consistent with the purposes of this Act.
       (d) Motorized Vehicles.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles on public lands in the Conservation Area 
     shall be allowed only--
       (1) before the effective date of a management plan prepared 
     pursuant to section 6, on roads and trails designated for use 
     of motorized vehicles in the management plan that applies on 
     the date of the enactment of this Act; and
       (2) after the effective date of a management plan prepared 
     pursuant to section 6, on roads and trails designated for use 
     of motor vehicles in that management plan.
       (e) Military Airspace.--Prior to the date of the enactment 
     of this Act the Federal Aviation Administration approved 
     restricted military airspace (Areas 2303A and 2303B) which 
     covers portions of the Conservation Area. Designation of the 
     Conservation Area shall not impact or impose any altitude, 
     flight, or other airspace restrictions on current or future 
     military operations or missions. Should the military require 
     additional or modified airspace in the future, the Congress 
     does not intend for the designation of the Conservation Area 
     to impede the military from petitioning the Federal Aviation 
     Administration to change or expand existing restricted 
     military airspace.
       (f) Access to State and Private Lands.--Nothing in this Act 
     shall affect valid existing rights-of-way within the 
     Conservation Area. The Secretary shall provide reasonable 
     access to nonfederally owned lands or interest in lands 
     within the boundaries of the Conservation Area.
       (g) Hunting.--Hunting shall be allowed within the 
     Conservation Area in accordance with applicable laws and 
     regulations of the United States and the State of Arizona, 
     except that the Secretary, after consultation with the 
     Arizona State wildlife management agency, may issue 
     regulations designating zones where and establishing periods 
     when no hunting shall be permitted for reasons of public 
     safety, administration, or public use and enjoyment.
       (h) Preventative Measures.--Nothing in this Act shall 
     preclude such measures as the Secretary determines necessary 
     to prevent devastating fire or infestation of insects or 
     disease within the Conservation Area.
       (i) No Buffer Zones.--The establishment of the Conservation 
     Area shall not lead to the creation of protective perimeters 
     or buffer zones around the Conservation Area. The fact that 
     there may be activities or uses on lands outside the 
     Conservation Area that would not be permitted in the 
     Conservation Area shall not preclude such activities or uses 
     on such lands up to the boundary of the Conservation Area 
     consistent with other applicable laws.
       (j) Withdrawals.--Subject to valid existing rights all 
     Federal lands within the Conservation Area and all lands and 
     interest therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws and 
     from location, entry, and patent under the mining laws, and 
     from operation of the mineral leasing and geothermal leasing 
     laws and all amendments thereto.

     SEC. 6. MANAGEMENT PLAN.

       (a) Plan Required.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary, through the 
     Bureau of Land Management, shall develop and begin to 
     implement a comprehensive management plan for the long-term 
     management of the public lands within the Conservation Area 
     in order to fulfill the purposes for which it is established, 
     as set forth in section 4(a). Consistent with the provisions 
     of this Act, the management plan shall be developed--
       (1) in consultation with appropriate departments of the 
     State of Arizona, including wildlife and land management 
     agencies, with full public participation;
       (2) from the draft Empire-Cienega Ecosystem Management 
     Plan/EIS, dated October 2000, as it applies to Federal lands 
     or lands with conservation easements; and
       (3) in accordance with the resource goals and objectives 
     developed through the Sonoita Valley Planning Partnership 
     process as incorporated in the draft Empire-Cienega Ecosystem 
     Management Plan/EIS, dated October 2000, giving full 
     consideration to the management alternative preferred by the 
     Sonoita Valley Planning Partnership, as it applies to Federal 
     lands or lands with conservation easements.
       (b) Contents.--The management plan shall include--
       (1) provisions designed to ensure the protection of the 
     resources and values described in section 4(a);
       (2) an implementation plan for a continuing program of 
     interpretation and public education about the resources and 
     values of the Conservation Area;
       (3) a proposal for minimal administrative and public 
     facilities to be developed or improved at a level compatible 
     with achieving the resource objectives for the Conservation 
     Area and with the other proposed management activities to 
     accommodate visitors to the Conservation Area;
       (4) cultural resources management strategies for the 
     Conservation Area, prepared in consultation with appropriate 
     departments of the State of Arizona, with emphasis on the 
     preservation of the resources of the Conservation Area and 
     the interpretive, educational, and long-term scientific uses 
     of these resources, giving priority to the enforcement of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470aa et seq.) and the National Historic Preservation Act (16 
     U.S.C. 470 et seq.) within the Conservation Area;
       (5) wildlife management strategies for the Conservation 
     Area, prepared in consultation with appropriate departments 
     of the State of Arizona and using previous studies of the 
     Conservation Area;
       (6) production livestock grazing management strategies, 
     prepared in consultation with appropriate departments of the 
     State of Arizona;
       (7) provisions designed to ensure the protection of 
     environmentally sustainable livestock use on appropriate 
     lands within the Conservation Area;
       (8) recreation management strategies, including motorized 
     and nonmotorized dispersed recreation opportunities for the 
     Conservation Area, prepared in consultation

[[Page 21054]]

     with appropriate departments of the State of Arizona;
       (9) cave resources management strategies prepared in 
     compliance with the goals and objectives of the Federal Cave 
     Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); 
     and
       (10) provisions designed to ensure that if a road or trail 
     located on public lands within the Conservation Area, or any 
     portion of such a road or trail, is removed, consideration 
     shall be given to providing similar alternative access to the 
     portion of the Conservation Area serviced by such removed 
     road or trail.
       (c) Cooperative Agreements.--In order to better implement 
     the management plan, the Secretary may enter into cooperative 
     agreements with appropriate Federal, State, and local 
     agencies pursuant to section 307(b) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1737(b)).
       (d) Research Activities.--In order to assist in the 
     development and implementation of the management plan, the 
     Secretary may authorize appropriate research, including 
     research concerning the environmental, biological, 
     hydrological, cultural, agricultural, recreational, and other 
     characteristics, resources, and values of the Conservation 
     Area, pursuant to section 307(a) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1737(a)).

     SEC. 7. LAND ACQUISITION.

       (a) In General.--
       (1) Priority to conservation easements.--In acquiring lands 
     or interest in lands under this section, the Secretary shall 
     give priority to such acquisitions in the form of 
     conservation easements.
       (2) Private lands.--The Secretary is authorized to acquire 
     privately held lands or interest in lands within the 
     boundaries of the Acquisition Planning District only from a 
     willing seller through donation, exchange, or purchase.
       (3) County lands.--The Secretary is authorized to acquire 
     county lands or interest in lands within the boundaries of 
     the Acquisition Planning District only with the consent of 
     the county through donation, exchange, or purchase.
       (4) State lands.--
       (A) In general.--The Secretary is authorized to acquire 
     lands or interest in lands owned by the State of Arizona 
     located within the boundaries of the Acquisition Planning 
     District only with the consent of the State and in accordance 
     with State law, by donation, exchange, purchase, or eminent 
     domain.
       (B) Sunset of authority to acquire by eminent domain.--The 
     authority to acquire State lands under subparagraph (A) shall 
     expire 10 years after the date of the enactment of this Act.
       (C) Consideration.--As consideration for the acquisitions 
     by the United States of lands or interest in lands under this 
     paragraph, the Secretary shall pay fair market value for such 
     lands or shall convey to the State of Arizona all or some 
     interest in Federal lands (including buildings and other 
     improvements on such lands or other Federal property other 
     than real property) or any other asset of equal value within 
     the State of Arizona.
       (D) Transfer of jurisdiction.--All Federal agencies are 
     authorized to transfer jurisdiction of Federal lands or 
     interest in lands (including buildings and other improvements 
     on such lands or other Federal property other than real 
     property) or any other asset within the State of Arizona to 
     the Bureau of Land Management for the purpose of acquiring 
     lands or interest in lands as provided for in this paragraph.
       (b) Management of Acquired Lands.--Lands acquired under 
     this section shall, upon acquisition, become part of the 
     Conservation Area and shall be administered as part of the 
     Conservation Area. These lands shall be managed in accordance 
     with this Act, other applicable laws, and the management 
     plan.

     SEC. 8. REPORTS TO CONGRESS.

       (a) Protection of Certain Lands.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report describing the most 
     effective measures to protect the lands north of the 
     Acquisition Planning District within the Rincon Valley, 
     Colossal Cave area, and Agua Verde Creek corridor north of 
     Interstate 10 to provide an ecological link to Saguaro 
     National Park and the Rincon Mountains and contribute to 
     local government conservation priorities.
       (b) Implementation of This Act.--Not later than 5 years 
     after the date of the enactment of this Act, and at least at 
     the end of every 10-year period thereafter, the Secretary 
     shall submit to Congress a report describing the 
     implementation of this Act, the condition of the resources 
     and values of the Conservation Area, and the progress of the 
     Secretary in achieving the purposes for which the 
     Conservation Area is established as set forth in section 
     4(a).

  The CHAIRMAN. During consideration of the bill for amendment, the 
Chair may accord priority in recognition to a Member offering an 
amendment that he has printed in the designated place in the 
Congressional Record. Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum 5 minutes 
the time for voting on any postponed question that immediately follows 
another vote, provided that the time for voting on the first question 
shall be a minimum of 15 minutes.


                     Amendment Offered by Mr. Kolbe

  Mr. KOLBE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Kolbe:
       Page 14, beginning on line 2, strike ``by donation, 
     exchange, purchase, or eminent domain'' and insert ``by 
     donation, exchange, or purchase''.
       Page 14, strike lines 4 through 8.
       Page 14, line 9, strike ``(C)'' and insert ``(B)''.
       Page 14, line 19, strike ``(D)'' and insert ``(C)''.

  Mr. KOLBE (during the reading). Mr. Chairman, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Arizona?
  There was no objection.
  Mr. KOLBE. Mr. Chairman, just very briefly, this represents the last 
piece of the compromise on this legislation. After discussions at the 
last hour last night with the Secretary of Interior, we have agreed to 
remove the provision providing for any eminent domain provisions in the 
legislation.
  If Arizona adopts a constitutional change this year, the provisions 
dealing with sale or exchange will still be valid, but we have removed 
the eminent domain. And this amendment accomplishes that.
  Mr. HANSEN. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from Utah.
  Mr. HANSEN. Mr. Chairman, we have examined the amendment to the 
amendment in the nature of a substitute and we feel it is a good 
amendment, and we would accept it.
  Mr. Chairman, I include for the Record the following letter and 
attachment from the Congressional Budget Office:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                  Washington, DC, October 5, 2000.
     Hon. Don Young,
     Chairman, Committee on Resources,
     U.S. House of Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 2941, a bill to 
     establish the Las Cienegas National Conservation Area in the 
     State of Arizona.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Megan 
     Carroll, who can be reached at 226-2860.
           Sincerely,
                                                 Barry B. Anderson
                                   (For Dan L. Crippen, Director).
       Enclosure.
     H.R. 2941--A bill to establish the Las Cienegas National 
         Conservation Area in the state of Arizona
       As reported by the House Committee on Resources on October 
           4, 2000
       CBO estimates that H.R. 2941 would have no significant 
     impact on the federal budget. The bill could affect direct 
     spending (including offsetting receipts); therefore, pay-as-
     you-go procedures would apply, but we estimate that any such 
     impacts would be less than $500,000 in any given year.
       H.R. 2941 would establish the Sonoita Valley Conservation 
     Planning District on 136,900 acres of land in Arizona. The 
     bill would authorize the Secretary of the Interior to 
     establish and operate an advisory council for 10 years to 
     assist the Secretary in managing public lands within the 
     proposed district. Within the district, H.R. 2941 also would 
     establish the Las Cienegas National Conservation Area on 
     42,000 acres of federal lands and would specify requirements 
     for managing those lands. The bill would direct the Secretary 
     to prepare a management plan for the area and would authorize 
     the Secretary to acquire, through purchase or exchange, 
     nonfederal lands within its boundaries. Subject to valid 
     existing rights, H.R. 2941 would withdraw federal lands 
     within the conservation area from mining and from mineral and 
     geothermal leasing and development. Finally, H.R. 2941 would 
     require the Secretary to report to the Congress on activities 
     within the proposed planning district and conservation area.
       Based on information from the Bureau of Land Management 
     (BLM), CBO estimates that implementing this legislation would

[[Page 21055]]

     cost about $500,000 annually, assuming appropriation of the 
     necessary sums. That estimate includes the estimated costs of 
     establishing and managing the proposed district and 
     conservation area, operating the advisory council, updating 
     an existing management plan, and preparing the required 
     reports.
       Withdrawing lands within the proposed conservation area 
     from mining and from mineral and geothermal leasing and 
     development could result in forgone offsetting receipts from 
     those lands if, under current law, the land would generate 
     receipts from those activities. According to BLM, however, 
     those lands currently generate no significant receipts from 
     such activities, and the agency does not expect them to 
     generate significant receipts over the next 10 years. CBO 
     estimates that any forgone receipts that might result under 
     this provision would total less than $500,000 a year.
       H.R. 2941 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA). Any significant costs incurred by state, local, or 
     tribal governments would result from voluntary decisions to 
     participate in managing the areas affected by this bill.
       The CBO staff contact for this estimate is Megan Carroll, 
     who can be reached at 226-2860. This estimate was approved by 
     Peter H. Fontaine, Deputy Assistant Director for Budget 
     Analysis.

  Mr. RAHALL. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from West Virginia.
  Mr. RAHALL. Mr. Chairman, we accept the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Kolbe).
  The amendment was agreed to.
  The CHAIRMAN. Are there any other amendments? If not, the question is 
on the amendment in the nature of a substitute, as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McHugh) having assumed the chair, Mr. Quinn, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 2941) to 
establish the Las Cienegas National Conservation Area in the State of 
Arizona, pursuant to House Resolution 610, he reported the bill back to 
the House with an amendment adopted by the Committee of the Whole.

                              {time}  1300

  The SPEAKER pro tempore (Mr. McHugh). Under the rule, the previous 
question is ordered.
  Is a separate vote demanded on the amendment to the amendment in the 
nature of a substitute adopted by the Committee of the Whole? If not, 
the question is on the amendment in the nature of a substitute.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________



                             GENERAL LEAVE

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 2941, the legislation just passed.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.

                          ____________________



  CONFERENCE REPORT ON H.R. 3244, VICTIMS OF TRAFFICKING AND VIOLENCE 
                         PROTECTION ACT OF 2000

  Mr. SMITH of New Jersey submitted the following conference report and 
statement on the bill (H.R. 3244) to combat trafficking of persons, 
especially into the sex trade, slavery, and slavery-like conditions in 
the United States and countries around the world through prevention, 
through prosecution and enforcement against traffickers, and through 
protection and assistance to victims of trafficking:

                  Conference Report (H. Rept. 106-939)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3244), an Act to combat trafficking of persons, especially 
     into the sex trade, slavery, and slavery-like conditions, in 
     the United States and countries around the world through 
     prevention, through prosecution and enforcement against 
     traffickers, and through protection and assistance to victims 
     of trafficking, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Victims of Trafficking and 
     Violence Protection Act of 2000''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into three divisions, 
     as follows:
       (1) Division a.--Trafficking Victims Protection Act of 
     2000.
       (2) Division b.--Violence Against Women Act of 2000.
       (3) Division c.--Miscellaneous Provisions.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

Sec. 101. Short title.
Sec. 102. Purposes and findings.
Sec. 103. Definitions.
Sec. 104. Annual Country Reports on Human Rights Practices.
Sec. 105. Interagency Task Force To Monitor and Combat Trafficking.
Sec. 106. Prevention of trafficking.
Sec. 107. Protection and assistance for victims of trafficking.
Sec. 108. Minimum standards for the elimination of trafficking.
Sec. 109. Assistance to foreign countries to meet minimum standards.
Sec. 110. Actions against governments failing to meet minimum 
              standards.
Sec. 111. Actions against significant traffickers in persons.
Sec. 112. Strengthening prosecution and punishment of traffickers.
Sec. 113. Authorizations of appropriations.

             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Accountability and oversight.

TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

Sec. 1101. Full faith and credit enforcement of protection orders.
Sec. 1102. Role of courts.
Sec. 1103. Reauthorization of STOP grants.
Sec. 1104. Reauthorization of grants to encourage arrest policies.
Sec. 1105. Reauthorization of rural domestic violence and child abuse 
              enforcement grants.
Sec. 1106. National stalker and domestic violence reduction.
Sec. 1107. Amendments to domestic violence and stalking offenses.
Sec. 1108. School and campus security.
Sec. 1109. Dating violence.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 1201. Legal assistance for victims.
Sec. 1202. Shelter services for battered women and children.
Sec. 1203. Transitional housing assistance for victims of domestic 
              violence.
Sec. 1204. National domestic violence hotline.
Sec. 1205. Federal victims counselors.
Sec. 1206. Study of State laws regarding insurance discrimination 
              against victims of violence against women.
Sec. 1207. Study of workplace effects from violence against women.
Sec. 1208. Study of unemployment compensation for victims of violence 
              against women.
Sec. 1209. Enhancing protections for older and disabled women from 
              domestic violence and sexual assault.

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 1301. Safe havens for children pilot program.
Sec. 1302. Reauthorization of victims of child abuse programs.
Sec. 1303. Report on effects of parental kidnapping laws in domestic 
              violence cases.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

Sec. 1401. Rape prevention and education.
Sec. 1402. Education and training to end violence against and abuse of 
              women with disabilities.
Sec. 1403. Community initiatives.
Sec. 1404. Development of research agenda identified by the Violence 
              Against Women Act of 1994.
Sec. 1405. Standards, practice, and training for sexual assault 
              forensic examinations.

[[Page 21056]]

Sec. 1406. Education and training for judges and court personnel.
Sec. 1407. Domestic Violence Task Force.

                   TITLE V--BATTERED IMMIGRANT WOMEN

Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Improved access to immigration protections of the Violence 
              Against Women Act of 1994 for battered immigrant women.
Sec. 1504. Improved access to cancellation of removal and suspension of 
              deportation under the Violence Against Women Act of 1994.
Sec. 1505. Offering equal access to immigration protections of the 
              Violence Against Women Act of 1994 for all qualified 
              battered immigrant self-petitioners.
Sec. 1506. Restoring immigration protections under the Violence Against 
              Women Act of 1994.
Sec. 1507. Remedying problems with implementation of the immigration 
              provisions of the Violence Against Women Act of 1994.
Sec. 1508. Technical correction to qualified alien definition for 
              battered immigrants.
Sec. 1509. Access to Cuban Adjustment Act for battered immigrant 
              spouses and children.
Sec. 1510. Access to the Nicaraguan Adjustment and Central American 
              Relief Act for battered spouses and children.
Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 for 
              battered spouses and children.
Sec. 1512. Access to services and legal representation for battered 
              immigrants.
Sec. 1513. Protection for certain crime victims including victims of 
              crimes against women.

                        TITLE VI--MISCELLANEOUS

Sec. 1601. Notice requirements for sexually violent offenders.
Sec. 1602. Teen suicide prevention study.
Sec. 1603. Decade of pain control and research.

                  DIVISION C--MISCELLANEOUS PROVISIONS

Sec. 2001. Aimee's law.
Sec. 2002. Payment of anti-terrorism judgments.
Sec. 2003. Aid to victims of terrorism.
Sec. 2004. Twenty-first century amendment.
         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Trafficking Victims 
     Protection Act of 2000''.

     SEC. 102. PURPOSES AND FINDINGS.

       (a) Purposes.--The purposes of this division are to combat 
     trafficking in persons, a contemporary manifestation of 
     slavery whose victims are predominantly women and children, 
     to ensure just and effective punishment of traffickers, and 
     to protect their victims.
       (b) Findings.--Congress finds that:
       (1) As the 21st century begins, the degrading institution 
     of slavery continues throughout the world. Trafficking in 
     persons is a modern form of slavery, and it is the largest 
     manifestation of slavery today. At least 700,000 persons 
     annually, primarily women and children, are trafficked within 
     or across international borders. Approximately 50,000 women 
     and children are trafficked into the United States each year.
       (2) Many of these persons are trafficked into the 
     international sex trade, often by force, fraud, or coercion. 
     The sex industry has rapidly expanded over the past several 
     decades. It involves sexual exploitation of persons, 
     predominantly women and girls, involving activities related 
     to prostitution, pornography, sex tourism, and other 
     commercial sexual services. The low status of women in many 
     parts of the world has contributed to a burgeoning of the 
     trafficking industry.
       (3) Trafficking in persons is not limited to the sex 
     industry. This growing transnational crime also includes 
     forced labor and involves significant violations of labor, 
     public health, and human rights standards worldwide.
       (4) Traffickers primarily target women and girls, who are 
     disproportionately affected by poverty, the lack of access to 
     education, chronic unemployment, discrimination, and the lack 
     of economic opportunities in countries of origin. Traffickers 
     lure women and girls into their networks through false 
     promises of decent working conditions at relatively good pay 
     as nannies, maids, dancers, factory workers, restaurant 
     workers, sales clerks, or models. Traffickers also buy 
     children from poor families and sell them into prostitution 
     or into various types of forced or bonded labor.
       (5) Traffickers often transport victims from their home 
     communities to unfamiliar destinations, including foreign 
     countries away from family and friends, religious 
     institutions, and other sources of protection and support, 
     leaving the victims defenseless and vulnerable.
       (6) Victims are often forced through physical violence to 
     engage in sex acts or perform slavery-like labor. Such force 
     includes rape and other forms of sexual abuse, torture, 
     starvation, imprisonment, threats, psychological abuse, and 
     coercion.
       (7) Traffickers often make representations to their victims 
     that physical harm may occur to them or others should the 
     victim escape or attempt to escape. Such representations can 
     have the same coercive effects on victims as direct threats 
     to inflict such harm.
       (8) Trafficking in persons is increasingly perpetrated by 
     organized, sophisticated criminal enterprises. Such 
     trafficking is the fastest growing source of profits for 
     organized criminal enterprises worldwide. Profits from the 
     trafficking industry contribute to the expansion of organized 
     crime in the United States and worldwide. Trafficking in 
     persons is often aided by official corruption in countries of 
     origin, transit, and destination, thereby threatening the 
     rule of law.
       (9) Trafficking includes all the elements of the crime of 
     forcible rape when it involves the involuntary participation 
     of another person in sex acts by means of fraud, force, or 
     coercion.
       (10) Trafficking also involves violations of other laws, 
     including labor and immigration codes and laws against 
     kidnapping, slavery, false imprisonment, assault, battery, 
     pandering, fraud, and extortion.
       (11) Trafficking exposes victims to serious health risks. 
     Women and children trafficked in the sex industry are exposed 
     to deadly diseases, including HIV and AIDS. Trafficking 
     victims are sometimes worked or physically brutalized to 
     death.
       (12) Trafficking in persons substantially affects 
     interstate and foreign commerce. Trafficking for such 
     purposes as involuntary servitude, peonage, and other forms 
     of forced labor has an impact on the nationwide employment 
     network and labor market. Within the context of slavery, 
     servitude, and labor or services which are obtained or 
     maintained through coercive conduct that amounts to a 
     condition of servitude, victims are subjected to a range of 
     violations.
       (13) Involuntary servitude statutes are intended to reach 
     cases in which persons are held in a condition of servitude 
     through nonviolent coercion. In United States v. Kozminski, 
     487 U.S. 931 (1988), the Supreme Court found that section 
     1584 of title 18, United States Code, should be narrowly 
     interpreted, absent a definition of involuntary servitude by 
     Congress. As a result, that section was interpreted to 
     criminalize only servitude that is brought about through use 
     or threatened use of physical or legal coercion, and to 
     exclude other conduct that can have the same purpose and 
     effect.
       (14) Existing legislation and law enforcement in the United 
     States and other countries are inadequate to deter 
     trafficking and bring traffickers to justice, failing to 
     reflect the gravity of the offenses involved. No 
     comprehensive law exists in the United States that penalizes 
     the range of offenses involved in the trafficking scheme. 
     Instead, even the most brutal instances of trafficking in the 
     sex industry are often punished under laws that also apply to 
     lesser offenses, so that traffickers typically escape 
     deserved punishment.
       (15) In the United States, the seriousness of this crime 
     and its components is not reflected in current sentencing 
     guidelines, resulting in weak penalties for convicted 
     traffickers.
       (16) In some countries, enforcement against traffickers is 
     also hindered by official indifference, by corruption, and 
     sometimes even by official participation in trafficking.
       (17) Existing laws often fail to protect victims of 
     trafficking, and because victims are often illegal immigrants 
     in the destination country, they are repeatedly punished more 
     harshly than the traffickers themselves.
       (18) Additionally, adequate services and facilities do not 
     exist to meet victims' needs regarding health care, housing, 
     education, and legal assistance, which safely reintegrate 
     trafficking victims into their home countries.
       (19) Victims of severe forms of trafficking should not be 
     inappropriately incarcerated, fined, or otherwise penalized 
     solely for unlawful acts committed as a direct result of 
     being trafficked, such as using false documents, entering the 
     country without documentation, or working without 
     documentation.
       (20) Because victims of trafficking are frequently 
     unfamiliar with the laws, cultures, and languages of the 
     countries into which they have been trafficked, because they 
     are often subjected to coercion and intimidation including 
     physical detention and debt bondage, and because they often 
     fear retribution and forcible removal to countries in which 
     they will face retribution or other hardship, these victims 
     often find it difficult or impossible to report the crimes 
     committed against them or to assist in the investigation and 
     prosecution of such crimes.
       (21) Trafficking of persons is an evil requiring concerted 
     and vigorous action by countries of origin, transit or 
     destination, and by international organizations.
       (22) One of the founding documents of the United States, 
     the Declaration of Independence, recognizes the inherent 
     dignity and worth of all people. It states that all men are 
     created equal and that they are endowed by their Creator with 
     certain unalienable rights. The right to be free from slavery 
     and involuntary servitude is among those unalienable rights. 
     Acknowledging this fact, the United States outlawed slavery 
     and involuntary servitude in 1865, recognizing them as evil 
     institutions that must be abolished. Current practices of 
     sexual slavery and trafficking of women and children are 
     similarly abhorrent to the principles upon which the United 
     States was founded.
       (23) The United States and the international community 
     agree that trafficking in persons involves grave violations 
     of human rights and is a matter of pressing international 
     concern. The international community has repeatedly condemned 
     slavery and involuntary servitude, violence against women, 
     and other elements of trafficking, through declarations, 
     treaties, and United Nations resolutions and reports, 
     including the Universal Declaration of Human Rights;

[[Page 21057]]

     the 1956 Supplementary Convention on the Abolition of 
     Slavery, the Slave Trade, and Institutions and Practices 
     Similar to Slavery; the 1948 American Declaration on the 
     Rights and Duties of Man; the 1957 Abolition of Forced Labor 
     Convention; the International Covenant on Civil and Political 
     Rights; the Convention Against Torture and Other Cruel, 
     Inhuman or Degrading Treatment or Punishment; United Nations 
     General Assembly Resolutions 50/167, 51/66, and 52/98; the 
     Final Report of the World Congress against Sexual 
     Exploitation of Children (Stockholm, 1996); the Fourth World 
     Conference on Women (Beijing, 1995); and the 1991 Moscow 
     Document of the Organization for Security and Cooperation in 
     Europe.
       (24) Trafficking in persons is a transnational crime with 
     national implications. To deter international trafficking and 
     bring its perpetrators to justice, nations including the 
     United States must recognize that trafficking is a serious 
     offense. This is done by prescribing appropriate punishment, 
     giving priority to the prosecution of trafficking offenses, 
     and protecting rather than punishing the victims of such 
     offenses. The United States must work bilaterally and 
     multilaterally to abolish the trafficking industry by taking 
     steps to promote cooperation among countries linked together 
     by international trafficking routes. The United States must 
     also urge the international community to take strong action 
     in multilateral fora to engage recalcitrant countries in 
     serious and sustained efforts to eliminate trafficking and 
     protect trafficking victims.

     SEC. 103. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on the Judiciary of 
     the Senate and the Committee on International Relations and 
     the Committee on the Judiciary of the House of 
     Representatives.
       (2) Coercion.--The term ``coercion'' means--
       (A) threats of serious harm to or physical restraint 
     against any person;
       (B) any scheme, plan, or pattern intended to cause a person 
     to believe that failure to perform an act would result in 
     serious harm to or physical restraint against any person; or
       (C) the abuse or threatened abuse of the legal process.
       (3) Commercial sex act.--The term ``commercial sex act'' 
     means any sex act on account of which anything of value is 
     given to or received by any person.
       (4) Debt bondage.--The term ``debt bondage'' means the 
     status or condition of a debtor arising from a pledge by the 
     debtor of his or her personal services or of those of a 
     person under his or her control as a security for debt, if 
     the value of those services as reasonably assessed is not 
     applied toward the liquidation of the debt or the length and 
     nature of those services are not respectively limited and 
     defined.
       (5) Involuntary servitude.--The term ``involuntary 
     servitude'' includes a condition of servitude induced by 
     means of--
       (A) any scheme, plan, or pattern intended to cause a person 
     to believe that, if the person did not enter into or continue 
     in such condition, that person or another person would suffer 
     serious harm or physical restraint, or
       (B) the abuse or threatened abuse of the legal process.
       (6) Minimum standards for the elimination of trafficking.--
     The term ``minimum standards for the elimination of 
     trafficking'' means the standards set forth in section 108.
       (7) Nonhumanitarian, nontrade-related foreign assistance.--
     The term ``nonhumanitarian, nontrade-related foreign 
     assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 
     1961, other than--
       (i) assistance under chapter 4 of part II of that Act that 
     is made available for any program, project, or activity 
     eligible for assistance under chapter 1 of part I of that 
     Act;
       (ii) assistance under chapter 8 of part I of that Act;
       (iii) any other narcotics-related assistance under part I 
     of that Act or under chapter 4 or 5 part II of that Act, but 
     any such assistance provided under this clause shall be 
     subject to the prior notification procedures applicable to 
     reprogrammings pursuant to section 634A of that Act;
       (iv) disaster relief assistance, including any assistance 
     under chapter 9 of part I of that Act;
       (v) antiterrorism assistance under chapter 8 of part II of 
     that Act;
       (vi) assistance for refugees;
       (vii) humanitarian and other development assistance in 
     support of programs of nongovernmental organizations under 
     chapters 1 and 10 of that Act;
       (viii) programs under title IV of chapter 2 of part I of 
     that Act, relating to the Overseas Private Investment 
     Corporation; and
       (ix) other programs involving trade-related or humanitarian 
     assistance; and
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act, other than sales or financing provided for 
     narcotics-related purposes following notification in 
     accordance with the prior notification procedures applicable 
     to reprogrammings pursuant to section 634A of the Foreign 
     Assistance Act of 1961.
       (8) Severe forms of trafficking in persons.--The term 
     ``severe forms of trafficking in persons'' means--
       (A) sex trafficking in which a commercial sex act is 
     induced by force, fraud, or coercion, or in which the person 
     induced to perform such act has not attained 18 years of age; 
     or
       (B) the recruitment, harboring, transportation, provision, 
     or obtaining of a person for labor or services, through the 
     use of force, fraud, or coercion for the purpose of 
     subjection to involuntary servitude, peonage, debt bondage, 
     or slavery.
       (9) Sex trafficking.--The term ``sex trafficking'' means 
     the recruitment, harboring, transportation, provision, or 
     obtaining of a person for the purpose of a commercial sex 
     act.
       (10) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and territories and possessions of 
     the United States.
       (11) Task force.--The term ``Task Force'' means the 
     Interagency Task Force to Monitor and Combat Trafficking 
     established under section 105.
       (12) United states.--The term ``United States'' means the 
     fifty States of the United States, the District of Columbia, 
     the Commonwealth of Puerto Rico, the Virgin Islands, American 
     Samoa, Guam, the Commonwealth of the Northern Mariana 
     Islands, and the territories and possessions of the United 
     States.
       (13) Victim of a severe form of trafficking.--The term 
     ``victim of a severe form of trafficking'' means a person 
     subject to an act or practice described in paragraph (8).
       (14) Victim of trafficking.--The term ``victim of 
     trafficking'' means a person subjected to an act or practice 
     described in paragraph (8) or (9).

     SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

       (a) Countries Receiving Economic Assistance.--Section 
     116(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151(f)) is amended to read as follows:
       ``(f)(1) The report required by subsection (d) shall 
     include the following:
       ``(A) A description of the nature and extent of severe 
     forms of trafficking in persons, as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000, in each 
     foreign country.
       ``(B) With respect to each country that is a country of 
     origin, transit, or destination for victims of severe forms 
     of trafficking in persons, an assessment of the efforts by 
     the government of that country to combat such trafficking. 
     The assessment shall address the following:
       ``(i) Whether government authorities in that country 
     participate in, facilitate, or condone such trafficking.
       ``(ii) Which government authorities in that country are 
     involved in activities to combat such trafficking.
       ``(iii) What steps the government of that country has taken 
     to prohibit government officials from participating in, 
     facilitating, or condoning such trafficking, including the 
     investigation, prosecution, and conviction of such officials.
       ``(iv) What steps the government of that country has taken 
     to prohibit other individuals from participating in such 
     trafficking, including the investigation, prosecution, and 
     conviction of individuals involved in severe forms of 
     trafficking in persons, the criminal and civil penalties for 
     such trafficking, and the efficacy of those penalties in 
     eliminating or reducing such trafficking.
       ``(v) What steps the government of that country has taken 
     to assist victims of such trafficking, including efforts to 
     prevent victims from being further victimized by traffickers, 
     government officials, or others, grants of relief from 
     deportation, and provision of humanitarian relief, including 
     provision of mental and physical health care and shelter.
       ``(vi) Whether the government of that country is 
     cooperating with governments of other countries to extradite 
     traffickers when requested, or, to the extent that such 
     cooperation would be inconsistent with the laws of such 
     country or with extradition treaties to which such country is 
     a party, whether the government of that country is taking all 
     appropriate measures to modify or replace such laws and 
     treaties so as to permit such cooperation.
       ``(vii) Whether the government of that country is assisting 
     in international investigations of transnational trafficking 
     networks and in other cooperative efforts to combat severe 
     forms of trafficking in persons.
       ``(viii) Whether the government of that country refrains 
     from prosecuting victims of severe forms of trafficking in 
     persons due to such victims having been trafficked, and 
     refrains from other discriminatory treatment of such victims.
       ``(ix) Whether the government of that country recognizes 
     the rights of victims of severe forms of trafficking in 
     persons and ensures their access to justice.
       ``(C) Such other information relating to trafficking in 
     persons as the Secretary of State considers appropriate.
       ``(2) In compiling data and making assessments for the 
     purposes of paragraph (1), United States diplomatic mission 
     personnel shall consult with human rights organizations and 
     other appropriate nongovernmental organizations.''.
       (b) Countries Receiving Security Assistance.--Section 502B 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is 
     amended by adding at the end the following new subsection:
       ``(h)(1) The report required by subsection (b) shall 
     include the following:
       ``(A) A description of the nature and extent of severe 
     forms of trafficking in persons, as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000, in each 
     foreign country.
       ``(B) With respect to each country that is a country of 
     origin, transit, or destination for victims of severe forms 
     of trafficking in persons, an

[[Page 21058]]

     assessment of the efforts by the government of that country 
     to combat such trafficking. The assessment shall address the 
     following:
       ``(i) Whether government authorities in that country 
     participate in, facilitate, or condone such trafficking.
       ``(ii) Which government authorities in that country are 
     involved in activities to combat such trafficking.
       ``(iii) What steps the government of that country has taken 
     to prohibit government officials from participating in, 
     facilitating, or condoning such trafficking, including the 
     investigation, prosecution, and conviction of such officials.
       ``(iv) What steps the government of that country has taken 
     to prohibit other individuals from participating in such 
     trafficking, including the investigation, prosecution, and 
     conviction of individuals involved in severe forms of 
     trafficking in persons, the criminal and civil penalties for 
     such trafficking, and the efficacy of those penalties in 
     eliminating or reducing such trafficking.
       ``(v) What steps the government of that country has taken 
     to assist victims of such trafficking, including efforts to 
     prevent victims from being further victimized by traffickers, 
     government officials, or others, grants of relief from 
     deportation, and provision of humanitarian relief, including 
     provision of mental and physical health care and shelter.
       ``(vi) Whether the government of that country is 
     cooperating with governments of other countries to extradite 
     traffickers when requested, or, to the extent that such 
     cooperation would be inconsistent with the laws of such 
     country or with extradition treaties to which such country is 
     a party, whether the government of that country is taking all 
     appropriate measures to modify or replace such laws and 
     treaties so as to permit such cooperation.
       ``(vii) Whether the government of that country is assisting 
     in international investigations of transnational trafficking 
     networks and in other cooperative efforts to combat severe 
     forms of trafficking in persons.
       ``(viii) Whether the government of that country refrains 
     from prosecuting victims of severe forms of trafficking in 
     persons due to such victims having been trafficked, and 
     refrains from other discriminatory treatment of such victims.
       ``(ix) Whether the government of that country recognizes 
     the rights of victims of severe forms of trafficking in 
     persons and ensures their access to justice.
       ``(C) Such other information relating to trafficking in 
     persons as the Secretary of State considers appropriate.
       ``(2) In compiling data and making assessments for the 
     purposes of paragraph (1), United States diplomatic mission 
     personnel shall consult with human rights organizations and 
     other appropriate nongovernmental organizations.''.

     SEC. 105. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       (a) Establishment.--The President shall establish an 
     Interagency Task Force to Monitor and Combat Trafficking.
       (b) Appointment.--The President shall appoint the members 
     of the Task Force, which shall include the Secretary of 
     State, the Administrator of the United States Agency for 
     International Development, the Attorney General, the 
     Secretary of Labor, the Secretary of Health and Human 
     Services, the Director of Central Intelligence, and such 
     other officials as may be designated by the President.
       (c) Chairman.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Activities of the Task Force.--The Task Force shall 
     carry out the following activities:
       (1) Coordinate the implementation of this division.
       (2) Measure and evaluate progress of the United States and 
     other countries in the areas of trafficking prevention, 
     protection, and assistance to victims of trafficking, and 
     prosecution and enforcement against traffickers, including 
     the role of public corruption in facilitating trafficking. 
     The Task Force shall have primary responsibility for 
     assisting the Secretary of State in the preparation of the 
     reports described in section 110.
       (3) Expand interagency procedures to collect and organize 
     data, including significant research and resource information 
     on domestic and international trafficking. Any data 
     collection procedures established under this subsection shall 
     respect the confidentiality of victims of trafficking.
       (4) Engage in efforts to facilitate cooperation among 
     countries of origin, transit, and destination. Such efforts 
     shall aim to strengthen local and regional capacities to 
     prevent trafficking, prosecute traffickers and assist 
     trafficking victims, and shall include initiatives to enhance 
     cooperative efforts between destination countries and 
     countries of origin and assist in the appropriate 
     reintegration of stateless victims of trafficking.
       (5) Examine the role of the international ``sex tourism'' 
     industry in the trafficking of persons and in the sexual 
     exploitation of women and children around the world.
       (6) Engage in consultation and advocacy with governmental 
     and nongovernmental organizations, among other entities, to 
     advance the purposes of this division.
       (e) Support for the Task Force.--The Secretary of State is 
     authorized to establish within the Department of State an 
     Office to Monitor and Combat Trafficking, which shall provide 
     assistance to the Task Force. Any such Office shall be headed 
     by a Director. The Director shall have the primary 
     responsibility for assisting the Secretary of State in 
     carrying out the purposes of this division and may have 
     additional responsibilities as determined by the Secretary. 
     The Director shall consult with nongovernmental organizations 
     and multilateral organizations, and with trafficking victims 
     or other affected persons. The Director shall have the 
     authority to take evidence in public hearings or by other 
     means. The agencies represented on the Task Force are 
     authorized to provide staff to the Office on a 
     nonreimbursable basis.

     SEC. 106. PREVENTION OF TRAFFICKING.

       (a) Economic Alternatives To Prevent and Deter 
     Trafficking.--The President shall establish and carry out 
     international initiatives to enhance economic opportunity for 
     potential victims of trafficking as a method to deter 
     trafficking. Such initiatives may include--
       (1) microcredit lending programs, training in business 
     development, skills training, and job counseling;
       (2) programs to promote women's participation in economic 
     decisionmaking;
       (3) programs to keep children, especially girls, in 
     elementary and secondary schools, and to educate persons who 
     have been victims of trafficking;
       (4) development of educational curricula regarding the 
     dangers of trafficking; and
       (5) grants to nongovernmental organizations to accelerate 
     and advance the political, economic, social, and educational 
     roles and capacities of women in their countries.
       (b) Public Awareness and Information.--The President, 
     acting through the Secretary of Labor, the Secretary of 
     Health and Human Services, the Attorney General, and the 
     Secretary of State, shall establish and carry out programs to 
     increase public awareness, particularly among potential 
     victims of trafficking, of the dangers of trafficking and the 
     protections that are available for victims of trafficking.
       (c) Consultation Requirement.--The President shall consult 
     with appropriate nongovernmental organizations with respect 
     to the establishment and conduct of initiatives described in 
     subsections (a) and (b).

     SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF 
                   TRAFFICKING.

       (a) Assistance for Victims in Other Countries.--
       (1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with appropriate nongovernmental 
     organizations, shall establish and carry out programs and 
     initiatives in foreign countries to assist in the safe 
     integration, reintegration, or resettlement, as appropriate, 
     of victims of trafficking. Such programs and initiatives 
     shall be designed to meet the appropriate assistance needs of 
     such persons and their children, as identified by the Task 
     Force.
       (2) Additional requirement.--In establishing and conducting 
     programs and initiatives described in paragraph (1), the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall take all 
     appropriate steps to enhance cooperative efforts among 
     foreign countries, including countries of origin of victims 
     of trafficking, to assist in the integration, reintegration, 
     or resettlement, as appropriate, of victims of trafficking, 
     including stateless victims.
       (b) Victims in the United States.--
       (1) Assistance.--
       (A) Eligibility for benefits and services.--Notwithstanding 
     title IV of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996, an alien who is a victim of a 
     severe form of trafficking in persons shall be eligible for 
     benefits and services under any Federal or State program or 
     activity funded or administered by any official or agency 
     described in subparagraph (B) to the same extent as an alien 
     who is admitted to the United States as a refugee under 
     section 207 of the Immigration and Nationality Act.
       (B) Requirement to expand benefits and services.--Subject 
     to subparagraph (C) and, in the case of nonentitlement 
     programs, to the availability of appropriations, the 
     Secretary of Health and Human Services, the Secretary of 
     Labor, the Board of Directors of the Legal Services 
     Corporation, and the heads of other Federal agencies shall 
     expand benefits and services to victims of severe forms of 
     trafficking in persons in the United States, without regard 
     to the immigration status of such victims.
       (C) Definition of victim of a severe form of trafficking in 
     persons.--For the purposes of this paragraph, the term 
     ``victim of a severe form of trafficking in persons'' means 
     only a person--
       (i) who has been subjected to an act or practice described 
     in section 103(8) as in effect on the date of the enactment 
     of this Act; and
       (ii)(I) who has not attained 18 years of age; or
       (II) who is the subject of a certification under 
     subparagraph (E).
       (D) Annual report.--Not later than December 31 of each 
     year, the Secretary of Health and Human Services, in 
     consultation with the Secretary of Labor, the Board of 
     Directors of the Legal Services Corporation, and the heads of 
     other appropriate Federal agencies shall submit a report, 
     which includes information on the number of persons who 
     received benefits or other services under this paragraph in 
     connection with programs or activities funded or administered 
     by such agencies or officials during the preceding fiscal 
     year, to the Committee on Ways and Means, the Committee on 
     International Relations, and the Committee on the Judiciary 
     of the House of Representatives and the Committee on Finance, 
     the Committee on

[[Page 21059]]

     Foreign Relations, and the Committee on the Judiciary of the 
     Senate.
       (E) Certification.--
       (i) In general.--Subject to clause (ii), the certification 
     referred to in subparagraph (C) is a certification by the 
     Secretary of Health and Human Services, after consultation 
     with the Attorney General, that the person referred to in 
     subparagraph (C)(ii)(II)--

       (I) is willing to assist in every reasonable way in the 
     investigation and prosecution of severe forms of trafficking 
     in persons; and
       (II)(aa) has made a bona fide application for a visa under 
     section 101(a)(15)(T) of the Immigration and Nationality Act, 
     as added by subsection (e), that has not been denied; or
       (bb) is a person whose continued presence in the United 
     States the Attorney General is ensuring in order to 
     effectuate prosecution of traffickers in persons.

       (ii) Period of effectiveness.--A certification referred to 
     in subparagraph (C), with respect to a person described in 
     clause (i)(II)(bb), shall be effective only for so long as 
     the Attorney General determines that the continued presence 
     of such person is necessary to effectuate prosecution of 
     traffickers in persons.
       (iii) Investigation and prosecution defined.--For the 
     purpose of a certification under this subparagraph, the term 
     ``investigation and prosecution'' includes--

       (I) identification of a person or persons who have 
     committed severe forms of trafficking in persons;
       (II) location and apprehension of such persons; and

       (III) testimony at proceedings against such persons.

       (2) Grants.--
       (A) In general.--Subject to the availability of 
     appropriations, the Attorney General may make grants to 
     States, Indian tribes, units of local government, and 
     nonprofit, nongovernmental victims' service organizations to 
     develop, expand, or strengthen victim service programs for 
     victims of trafficking.
       (B) Allocation of grant funds.--Of amounts made available 
     for grants under this paragraph, there shall be set aside--
       (i) three percent for research, evaluation, and statistics;
       (ii) two percent for training and technical assistance; and
       (iii) one percent for management and administration.
       (C) Limitation on federal share.--The Federal share of a 
     grant made under this paragraph may not exceed 75 percent of 
     the total costs of the projects described in the application 
     submitted.
       (c) Trafficking Victim Regulations.--Not later than 180 
     days after the date of enactment of this Act, the Attorney 
     General and the Secretary of State shall promulgate 
     regulations for law enforcement personnel, immigration 
     officials, and Department of State officials to implement the 
     following:
       (1) Protections while in custody.--Victims of severe forms 
     of trafficking, while in the custody of the Federal 
     Government and to the extent practicable, shall--
       (A) not be detained in facilities inappropriate to their 
     status as crime victims;
       (B) receive necessary medical care and other assistance; 
     and
       (C) be provided protection if a victim's safety is at risk 
     or if there is danger of additional harm by recapture of the 
     victim by a trafficker, including--
       (i) taking measures to protect trafficked persons and their 
     family members from intimidation and threats of reprisals and 
     reprisals from traffickers and their associates; and
       (ii) ensuring that the names and identifying information of 
     trafficked persons and their family members are not disclosed 
     to the public.
       (2) Access to information.--Victims of severe forms of 
     trafficking shall have access to information about their 
     rights and translation services.
       (3) Authority to permit continued presence in the united 
     states.--Federal law enforcement officials may permit an 
     alien individual's continued presence in the United States, 
     if after an assessment, it is determined that such individual 
     is a victim of a severe form of trafficking and a potential 
     witness to such trafficking, in order to effectuate 
     prosecution of those responsible, and such officials in 
     investigating and prosecuting traffickers shall protect the 
     safety of trafficking victims, including taking measures to 
     protect trafficked persons and their family members from 
     intimidation, threats of reprisals, and reprisals from 
     traffickers and their associates.
       (4) Training of government personnel.--Appropriate 
     personnel of the Department of State and the Department of 
     Justice shall be trained in identifying victims of severe 
     forms of trafficking and providing for the protection of such 
     victims.
       (d) Construction.--Nothing in subsection (c) shall be 
     construed as creating any private cause of action against the 
     United States or its officers or employees.
       (e) Protection From Removal for Certain Crime Victims.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (A) by striking ``or'' at the end of subparagraph (R);
       (B) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(T)(i) subject to section 214(n), an alien who the 
     Attorney General determines--
       ``(I) is or has been a victim of a severe form of 
     trafficking in persons, as defined in section 103 of the 
     Trafficking Victims Protection Act of 2000,
       ``(II) is physically present in the United States, American 
     Samoa, or the Commonwealth of the Northern Mariana Islands, 
     or at a port of entry thereto, on account of such 
     trafficking,
       ``(III)(aa) has complied with any reasonable request for 
     assistance in the investigation or prosecution of acts of 
     trafficking, or
       ``(bb) has not attained 15 years of age, and
       ``(IV) the alien would suffer extreme hardship involving 
     unusual and severe harm upon removal; and
       ``(ii) if the Attorney General considers it necessary to 
     avoid extreme hardship--
       ``(I) in the case of an alien described in clause (i) who 
     is under 21 years of age, the spouse, children, and parents 
     of such alien; and
       ``(II) in the case of an alien described in clause (i) who 
     is 21 years of age or older, the spouse and children of such 
     alien,

     if accompanying, or following to join, the alien described in 
     clause (i).''.
       (2) Conditions of nonimmigrant status.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended--
       (A) by redesignating the subsection (l) added by section 
     625(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-1820) as subsection (m); and
       (B) by adding at the end the following:
       ``(n)(1) No alien shall be eligible for admission to the 
     United States under section 101(a)(15)(T) if there is 
     substantial reason to believe that the alien has committed an 
     act of a severe form of trafficking in persons (as defined in 
     section 103 of the Trafficking Victims Protection Act of 
     2000).
       ``(2) The total number of aliens who may be issued visas or 
     otherwise provided nonimmigrant status during any fiscal year 
     under section 101(a)(15)(T) may not exceed 5,000.
       ``(3) The numerical limitation of paragraph (2) shall only 
     apply to principal aliens and not to the spouses, sons, 
     daughters, or parents of such aliens.''.
       (3) Waiver of grounds for ineligibility for admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the 
     following:
       ``(13)(A) The Attorney General shall determine whether a 
     ground for inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(T).
       ``(B) In addition to any other waiver that may be available 
     under this section, in the case of a nonimmigrant described 
     in section 101(a)(15)(T), if the Attorney General considers 
     it to be in the national interest to do so, the Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of--
       ``(i) paragraphs (1) and (4) of subsection (a); and
       ``(ii) any other provision of such subsection (excluding 
     paragraphs (3), (10)(C), and (10(E)) if the activities 
     rendering the alien inadmissible under the provision were 
     caused by, or were incident to, the victimization described 
     in section 101(a)(15)(T)(i)(I).''.
       (4) Duties of the attorney general with respect to ``t'' 
     visa nonimmigrants.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by adding at the 
     end the following new subsection:
       ``(i) With respect to each nonimmigrant alien described in 
     subsection (a)(15)(T)(i)--
       ``(1) the Attorney General and other Government officials, 
     where appropriate, shall provide the alien with a referral to 
     a nongovernmental organization that would advise the alien 
     regarding the alien's options while in the United States and 
     the resources available to the alien; and
       ``(2) the Attorney General shall, during the period the 
     alien is in lawful temporary resident status under that 
     subsection, grant the alien authorization to engage in 
     employment in the United States and provide the alien with an 
     `employment authorized' endorsement or other appropriate work 
     permit.''.
       (5) Statutory construction.--Nothing in this section, or in 
     the amendments made by this section, shall be construed as 
     prohibiting the Attorney General from instituting removal 
     proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) against an alien admitted as 
     a nonimmigrant under section 101(a)(15)(T)(i) of that Act, as 
     added by subsection (e), for conduct committed after the 
     alien's admission into the United States, or for conduct or a 
     condition that was not disclosed to the Attorney General 
     prior to the alien's admission as a nonimmigrant under such 
     section 101(a)(15)(T)(i).
       (f) Adjustment to Permanent Resident Status.--Section 245 
     of such Act (8 U.S.C 1255) is amended by adding at the end 
     the following new subsection:
       ``(l)(1) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States under section 
     101(a)(15)(T)(i)--
       ``(A) has been physically present in the United States for 
     a continuous period of at least 3 years since the date of 
     admission as a nonimmigrant under section 101(a)(15)(T)(i),
       ``(B) has, throughout such period, been a person of good 
     moral character, and
       ``(C)(i) has, during such period, complied with any 
     reasonable request for assistance in the investigation or 
     prosecution of acts of trafficking, or
       ``(ii) the alien would suffer extreme hardship involving 
     unusual and severe harm upon removal from the United States,


[[Page 21060]]


     the Attorney General may adjust the status of the alien (and 
     any person admitted under that section as the spouse, parent, 
     or child of the alien) to that of an alien lawfully admitted 
     for permanent residence.
       ``(2) Paragraph (1) shall not apply to an alien admitted 
     under section 101(a)(15)(T) who is inadmissible to the United 
     States by reason of a ground that has not been waived under 
     section 212, except that, if the Attorney General considers 
     it to be in the national interest to do so, the Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of--
       ``(A) paragraphs (1) and (4) of section 212(a); and
       ``(B) any other provision of such section (excluding 
     paragraphs (3), (10)(C), and (10(E)), if the activities 
     rendering the alien inadmissible under the provision were 
     caused by, or were incident to, the victimization described 
     in section 101(a)(15)(T)(i)(I).
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days.
       ``(3)(A) The total number of aliens whose status may be 
     adjusted under paragraph (1) during any fiscal year may not 
     exceed 5,000.
       ``(B) The numerical limitation of subparagraph (A) shall 
     only apply to principal aliens and not to the spouses, sons, 
     daughters, or parents of such aliens.
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1), the Attorney General shall record the alien's 
     lawful admission for permanent residence as of the date of 
     such approval.''.
       (g) Annual Reports.--On or before October 31 of each year, 
     the Attorney General shall submit a report to the appropriate 
     congressional committees setting forth, with respect to the 
     preceding fiscal year, the number, if any, of otherwise 
     eligible applicants who did not receive visas under section 
     101(a)(15)(T) of the Immigration and Nationality Act, as 
     added by subsection (e), or who were unable to adjust their 
     status under section 245(l) of such Act, solely on account of 
     the unavailability of visas due to a limitation imposed by 
     section 214(n)(1) or 245(l)(4)(A) of such Act.

     SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   TRAFFICKING.

       (a) Minimum Standards.--For purposes of this division, the 
     minimum standards for the elimination of trafficking 
     applicable to the government of a country of origin, transit, 
     or destination for a significant number of victims of severe 
     forms of trafficking are the following:
       (1) The government of the country should prohibit severe 
     forms of trafficking in persons and punish acts of such 
     trafficking.
       (2) For the knowing commission of any act of sex 
     trafficking involving force, fraud, coercion, or in which the 
     victim of sex trafficking is a child incapable of giving 
     meaningful consent, or of trafficking which includes rape or 
     kidnapping or which causes a death, the government of the 
     country should prescribe punishment commensurate with that 
     for grave crimes, such as forcible sexual assault.
       (3) For the knowing commission of any act of a severe form 
     of trafficking in persons, the government of the country 
     should prescribe punishment that is sufficiently stringent to 
     deter and that adequately reflects the heinous nature of the 
     offense.
       (4) The government of the country should make serious and 
     sustained efforts to eliminate severe forms of trafficking in 
     persons.
       (b) Criteria.--In determinations under subsection (a)(4), 
     the following factors should be considered as indicia of 
     serious and sustained efforts to eliminate severe forms of 
     trafficking in persons:
       (1) Whether the government of the country vigorously 
     investigates and prosecutes acts of severe forms of 
     trafficking in persons that take place wholly or partly 
     within the territory of the country.
       (2) Whether the government of the country protects victims 
     of severe forms of trafficking in persons and encourages 
     their assistance in the investigation and prosecution of such 
     trafficking, including provisions for legal alternatives to 
     their removal to countries in which they would face 
     retribution or hardship, and ensures that victims are not 
     inappropriately incarcerated, fined, or otherwise penalized 
     solely for unlawful acts as a direct result of being 
     trafficked.
       (3) Whether the government of the country has adopted 
     measures to prevent severe forms of trafficking in persons, 
     such as measures to inform and educate the public, including 
     potential victims, about the causes and consequences of 
     severe forms of trafficking in persons.
       (4) Whether the government of the country cooperates with 
     other governments in the investigation and prosecution of 
     severe forms of trafficking in persons.
       (5) Whether the government of the country extradites 
     persons charged with acts of severe forms of trafficking in 
     persons on substantially the same terms and to substantially 
     the same extent as persons charged with other serious crimes 
     (or, to the extent such extradition would be inconsistent 
     with the laws of such country or with international 
     agreements to which the country is a party, whether the 
     government is taking all appropriate measures to modify or 
     replace such laws and treaties so as to permit such 
     extradition).
       (6) Whether the government of the country monitors 
     immigration and emigration patterns for evidence of severe 
     forms of trafficking in persons and whether law enforcement 
     agencies of the country respond to any such evidence in a 
     manner that is consistent with the vigorous investigation and 
     prosecution of acts of such trafficking, as well as with the 
     protection of human rights of victims and the internationally 
     recognized human right to leave any country, including one's 
     own, and to return to one's own country.
       (7) Whether the government of the country vigorously 
     investigates and prosecutes public officials who participate 
     in or facilitate severe forms of trafficking in persons, and 
     takes all appropriate measures against officials who condone 
     such trafficking.

     SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                   STANDARDS.

       Chapter 1 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 134. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                   STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

       ``(a) Authorization.--The President is authorized to 
     provide assistance to foreign countries directly, or through 
     nongovernmental and multilateral organizations, for programs, 
     projects, and activities designed to meet the minimum 
     standards for the elimination of trafficking (as defined in 
     section 103 of the Trafficking Victims Protection Act of 
     2000), including--
       ``(1) the drafting of laws to prohibit and punish acts of 
     trafficking;
       ``(2) the investigation and prosecution of traffickers;
       ``(3) the creation and maintenance of facilities, programs, 
     projects, and activities for the protection of victims; and
       ``(4) the expansion of exchange programs and international 
     visitor programs for governmental and nongovernmental 
     personnel to combat trafficking.
       ``(b) Funding.--Amounts made available to carry out the 
     other provisions of this part (including chapter 4 of part II 
     of this Act) and the Support for East European Democracy 
     (SEED) Act of 1989 shall be made available to carry out this 
     section.''.

     SEC. 110. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                   STANDARDS.

       (a) Statement of Policy.--It is the policy of the United 
     States not to provide nonhumanitarian, nontrade-related 
     foreign assistance to any government that--
       (1) does not comply with minimum standards for the 
     elimination of trafficking; and
       (2) is not making significant efforts to bring itself into 
     compliance with such standards.
       (b) Reports to Congress.--
       (1) Annual report.--Not later than June 1 of each year, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report with respect to the status 
     of severe forms of trafficking in persons that shall 
     include--
       (A) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments fully comply with such standards;
       (B) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments do not yet fully comply with such 
     standards but are making significant efforts to bring 
     themselves into compliance; and
       (C) a list of those countries, if any, to which the minimum 
     standards for the elimination of trafficking are applicable 
     and whose governments do not fully comply with such standards 
     and are not making significant efforts to bring themselves 
     into compliance.
       (2) Interim reports.--In addition to the annual report 
     under paragraph (1), the Secretary of State may submit to the 
     appropriate congressional committees at any time one or more 
     interim reports with respect to the status of severe forms of 
     trafficking in persons, including information about countries 
     whose governments--
       (A) have come into or out of compliance with the minimum 
     standards for the elimination of trafficking; or
       (B) have begun or ceased to make significant efforts to 
     bring themselves into compliance,
     since the transmission of the last annual report.
       (3) Significant efforts.--In determinations under paragraph 
     (1) or (2) as to whether the government of a country is 
     making significant efforts to bring itself into compliance 
     with the minimum standards for the elimination of 
     trafficking, the Secretary of State shall consider--
       (A) the extent to which the country is a country of origin, 
     transit, or destination for severe forms of trafficking;
       (B) the extent of noncompliance with the minimum standards 
     by the government and, particularly, the extent to which 
     officials or employees of the government have participated 
     in, facilitated, condoned, or are otherwise complicit in 
     severe forms of trafficking; and
       (C) what measures are reasonable to bring the government 
     into compliance with the minimum standards in light of the 
     resources and capabilities of the government.
       (c) Notification.--Not less than 45 days or more than 90 
     days after the submission, on or after January 1, 2003, of an 
     annual report under subsection (b)(1), or an interim report 
     under subsection (b)(2), the President shall submit to the 
     appropriate congressional committees a notification of one of 
     the determinations listed in subsection (d) with respect to 
     each foreign country whose government, according to such 
     report--
       (A) does not comply with the minimum standards for the 
     elimination of trafficking; and

[[Page 21061]]

       (B) is not making significant efforts to bring itself into 
     compliance, as described in subsection (b)(1)(C).
       (d) Presidential Determinations.--The determinations 
     referred to in subsection (c) are the following:
       (1) Withholding of nonhumanitarian, nontrade-related 
     assistance.--The President has determined that--
       (A)(i) the United States will not provide nonhumanitarian, 
     nontrade-related foreign assistance to the government of the 
     country for the subsequent fiscal year until such government 
     complies with the minimum standards or makes significant 
     efforts to bring itself into compliance; or
       (ii) in the case of a country whose government received no 
     nonhumanitarian, nontrade-related foreign assistance from the 
     United States during the previous fiscal year, the United 
     States will not provide funding for participation by 
     officials or employees of such governments in educational and 
     cultural exchange programs for the subsequent fiscal year 
     until such government complies with the minimum standards or 
     makes significant efforts to bring itself into compliance; 
     and
       (B) the President will instruct the United States Executive 
     Director of each multilateral development bank and of the 
     International Monetary Fund to vote against, and to use the 
     Executive Director's best efforts to deny, any loan or other 
     utilization of the funds of the respective institution to 
     that country (other than for humanitarian assistance, for 
     trade-related assistance, or for development assistance which 
     directly addresses basic human needs, is not administered by 
     the government of the sanctioned country, and confers no 
     benefit to that government) for the subsequent fiscal year 
     until such government complies with the minimum standards or 
     makes significant efforts to bring itself into compliance.
       (2) Ongoing, multiple, broad-based restrictions on 
     assistance in response to human rights violations.--The 
     President has determined that such country is already subject 
     to multiple, broad-based restrictions on assistance imposed 
     in significant part in response to human rights abuses and 
     such restrictions are ongoing and are comparable to the 
     restrictions provided in paragraph (1). Such determination 
     shall be accompanied by a description of the specific 
     restriction or restrictions that were the basis for making 
     such determination.
       (3) Subsequent compliance.--The Secretary of State has 
     determined that the government of the country has come into 
     compliance with the minimum standards or is making 
     significant efforts to bring itself into compliance.
       (4) Continuation of assistance in the national interest.--
     Notwithstanding the failure of the government of the country 
     to comply with minimum standards for the elimination of 
     trafficking and to make significant efforts to bring itself 
     into compliance, the President has determined that the 
     provision to the country of nonhumanitarian, nontrade-related 
     foreign assistance, or the multilateral assistance described 
     in paragraph (1)(B), or both, would promote the purposes of 
     this division or is otherwise in the national interest of the 
     United States.
       (5) Exercise of waiver authority.--
       (A) In general.--The President may exercise the authority 
     under paragraph (4) with respect to--
       (i) all nonhumanitarian, nontrade-related foreign 
     assistance to a country;
       (ii) all multilateral assistance described in paragraph 
     (1)(B) to a country; or
       (iii) one or more programs, projects, or activities of such 
     assistance.
       (B) Avoidance of significant adverse effects.--The 
     President shall exercise the authority under paragraph (4) 
     when necessary to avoid significant adverse effects on 
     vulnerable populations, including women and children.
       (6) Definition of multilateral development bank.--In this 
     subsection, the term ``multilateral development bank'' refers 
     to any of the following institutions: the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the Asian 
     Development Bank, the Inter-American Investment Corporation, 
     the African Development Bank, the African Development Fund, 
     the European Bank for Reconstruction and Development, and the 
     Multilateral Investment Guaranty Agency.
       (e) Certification.--Together with any notification under 
     subsection (c), the President shall provide a certification 
     by the Secretary of State that, with respect to any 
     assistance described in clause (ii), (iii), or (v) of section 
     103(7)(A), or with respect to any assistance described in 
     section 103(7)(B), no assistance is intended to be received 
     or used by any agency or official who has participated in, 
     facilitated, or condoned a severe form of trafficking in 
     persons.

     SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

       (a) Authority To Sanction Significant Traffickers in 
     Persons.--
       (1) In general.--The President may exercise the authorities 
     set forth in section 203 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) without regard to 
     section 202 of that Act (50 U.S.C. 1701) in the case of any 
     of the following persons:
       (A) Any foreign person that plays a significant role in a 
     severe form of trafficking in persons, directly or indirectly 
     in the United States.
       (B) Foreign persons that materially assist in, or provide 
     financial or technological support for or to, or provide 
     goods or services in support of, activities of a significant 
     foreign trafficker in persons identified pursuant to 
     subparagraph (A).
       (C) Foreign persons that are owned, controlled, or directed 
     by, or acting for or on behalf of, a significant foreign 
     trafficker identified pursuant to subparagraph (A).
       (2) Penalties.--The penalties set forth in section 206 of 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1705) apply to violations of any license, order, or 
     regulation issued under this section.
       (b) Report to Congress on Identification and Sanctioning of 
     Significant Traffickers in Persons.--
       (1) In general.--Upon exercising the authority of 
     subsection (a), the President shall report to the appropriate 
     congressional committees--
       (A) identifying publicly the foreign persons that the 
     President determines are appropriate for sanctions pursuant 
     to this section and the basis for such determination; and
       (B) detailing publicly the sanctions imposed pursuant to 
     this section.
       (2) Removal of sanctions.--Upon suspending or terminating 
     any action imposed under the authority of subsection (a), the 
     President shall report to the committees described in 
     paragraph (1) on such suspension or termination.
       (3) Submission of classified information.--Reports 
     submitted under this subsection may include an annex with 
     classified information regarding the basis for the 
     determination made by the President under paragraph (1)(A).
       (c) Law Enforcement and Intelligence Activities Not 
     Affected.--Nothing in this section prohibits or otherwise 
     limits the authorized law enforcement or intelligence 
     activities of the United States, or the law enforcement 
     activities of any State or subdivision thereof.
       (d) Exclusion of Persons Who Have Benefited From Illicit 
     Activities of Traffickers in Persons.--Section 212(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
     amended by inserting at the end the following new 
     subparagraph:
       ``(H) Significant traffickers in persons.--
       ``(i) In general.--Any alien who is listed in a report 
     submitted pursuant to section 111(b) of the Trafficking 
     Victims Protection Act of 2000, or who the consular officer 
     or the Attorney General knows or has reason to believe is or 
     has been a knowing aider, abettor, assister, conspirator, or 
     colluder with such a trafficker in severe forms of 
     trafficking in persons, as defined in the section 103 of such 
     Act, is inadmissible.
       ``(ii) Beneficiaries of trafficking.--Except as provided in 
     clause (iii), any alien who the consular officer or the 
     Attorney General knows or has reason to believe is the 
     spouse, son, or daughter of an alien inadmissible under 
     clause (i), has, within the previous 5 years, obtained any 
     financial or other benefit from the illicit activity of that 
     alien, and knew or reasonably should have known that the 
     financial or other benefit was the product of such illicit 
     activity, is inadmissible.
       ``(iii) Exception for certain sons and daughters.--Clause 
     (ii) shall not apply to a son or daughter who was a child at 
     the time he or she received the benefit described in such 
     clause.''.
       (e) Implementation.--
       (1) Delegation of authority.--The President may delegate 
     any authority granted by this section, including the 
     authority to designate foreign persons under paragraphs 
     (1)(B) and (1)(C) of subsection (a).
       (2) Promulgation of rules and regulations.--The head of any 
     agency, including the Secretary of Treasury, is authorized to 
     take such actions as may be necessary to carry out any 
     authority delegated by the President pursuant to paragraph 
     (1), including promulgating rules and regulations.
       (3) Opportunity for review.--Such rules and regulations 
     shall include procedures affording an opportunity for a 
     person to be heard in an expeditious manner, either in person 
     or through a representative, for the purpose of seeking 
     changes to or termination of any determination, order, 
     designation or other action associated with the exercise of 
     the authority in subsection (a).
       (f) Definition of Foreign Persons.--In this section, the 
     term ``foreign person'' means any citizen or national of a 
     foreign state or any entity not organized under the laws of 
     the United States, including a foreign government official, 
     but does not include a foreign state.
       (g) Construction.--Nothing in this section shall be 
     construed as precluding judicial review of the exercise of 
     the authority described in subsection (a).

     SEC. 112. STRENGTHENING PROSECUTION AND PUNISHMENT OF 
                   TRAFFICKERS.

       (a) Title 18 Amendments.--Chapter 77 of title 18, United 
     States Code, is amended--
       (1) in each of sections 1581(a), 1583, and 1584--
       (A) by striking ``10 years'' and inserting ``20 years''; 
     and
       (B) by adding at the end the following: ``If death results 
     from the violation of this section, or if the violation 
     includes kidnapping or an attempt to kidnap, aggravated 
     sexual abuse or the attempt to commit aggravated sexual 
     abuse, or an attempt to kill, the defendant shall be fined 
     under this title or imprisoned for any term of years or life, 
     or both.'';
       (2) by inserting at the end the following:

     ``Sec. 1589. Forced labor

       ``Whoever knowingly provides or obtains the labor or 
     services of a person--
       ``(1) by threats of serious harm to, or physical restraint 
     against, that person or another person;
       ``(2) by means of any scheme, plan, or pattern intended to 
     cause the person to believe that, if

[[Page 21062]]

     the person did not perform such labor or services, that 
     person or another person would suffer serious harm or 
     physical restraint; or
       ``(3) by means of the abuse or threatened abuse of law or 
     the legal process,

     shall be fined under this title or imprisoned not more than 
     20 years, or both. If death results from the violation of 
     this section, or if the violation includes kidnapping or an 
     attempt to kidnap, aggravated sexual abuse or the attempt to 
     commit aggravated sexual abuse, or an attempt to kill, the 
     defendant shall be fined under this title or imprisoned for 
     any term of years or life, or both.

     ``Sec. 1590. Trafficking with respect to peonage, slavery, 
       involuntary servitude, or forced labor

       ``Whoever knowingly recruits, harbors, transports, 
     provides, or obtains by any means, any person for labor or 
     services in violation of this chapter shall be fined under 
     this title or imprisoned not more than 20 years, or both. If 
     death results from the violation of this section, or if the 
     violation includes kidnapping or an attempt to kidnap, 
     aggravated sexual abuse, or the attempt to commit aggravated 
     sexual abuse, or an attempt to kill, the defendant shall be 
     fined under this title or imprisoned for any term of years or 
     life, or both.

     ``Sec. 1591. Sex trafficking of children or by force, fraud 
       or coercion

       ``(a) Whoever knowingly--
       ``(1) in or affecting interstate commerce, recruits, 
     entices, harbors, transports, provides, or obtains by any 
     means a person; or
       ``(2) benefits, financially or by receiving anything of 
     value, from participation in a venture which has engaged in 
     an act described in violation of paragraph (1),

     knowing that force, fraud, or coercion described in 
     subsection (c)(2) will be used to cause the person to engage 
     in a commercial sex act, or that the person has not attained 
     the age of 18 years and will be caused to engage in a 
     commercial sex act, shall be punished as provided in 
     subsection (b).
       ``(b) The punishment for an offense under subsection (a) 
     is--
       ``(1) if the offense was effected by force, fraud, or 
     coercion or if the person transported had not attained the 
     age of 14 years at the time of such offense, by a fine under 
     this title or imprisonment for any term of years or for life, 
     or both; or
       ``(2) if the offense was not so effected, and the person 
     transported had attained the age of 14 years but had not 
     attained the age of 18 years at the time of such offense, by 
     a fine under this title or imprisonment for not more than 20 
     years, or both.
       ``(c) In this section:
       ``(1) The term `commercial sex act' means any sex act, on 
     account of which anything of value is given to or received by 
     any person.''
       ``(2) The term `coercion' means--
       ``(A) threats of serious harm to or physical restraint 
     against any person;
       ``(B) any scheme, plan, or pattern intended to cause a 
     person to believe that failure to perform an act would result 
     in serious harm to or physical restraint against any person; 
     or
       ``(C) the abuse or threatened abuse of law or the legal 
     process.
       ``(3) The term `venture' means any group of 2 or more 
     individuals associated in fact, whether or not a legal 
     entity.

     ``Sec. 1592. Unlawful conduct with respect to documents in 
       furtherance of trafficking, peonage, slavery, involuntary 
       servitude, or forced labor

       ``(a) Whoever knowingly destroys, conceals, removes, 
     confiscates, or possesses any actual or purported passport or 
     other immigration document, or any other actual or purported 
     government identification document, of another person--
       ``(1) in the course of a violation of section 1581, 1583, 
     1584, 1589, 1590, 1591, or 1594(a);
       ``(2) with intent to violate section 1581, 1583, 1584, 
     1589, 1590, or 1591; or
       ``(3) to prevent or restrict or to attempt to prevent or 
     restrict, without lawful authority, the person's liberty to 
     move or travel, in order to maintain the labor or services of 
     that person, when the person is or has been a victim of a 
     severe form of trafficking in persons, as defined in section 
     103 of the Trafficking Victims Protection Act of 2000;

     shall be fined under this title or imprisoned for not more 
     than 5 years, or both.
       ``(b) Subsection (a) does not apply to the conduct of a 
     person who is or has been a victim of a severe form of 
     trafficking in persons, as defined in section 103 of the 
     Trafficking Victims Protection Act of 2000, if that conduct 
     is caused by, or incident to, that trafficking.

     ``Sec. 1593. Mandatory restitution

       ``(a) Notwithstanding sections 3663 or 3663A, and in 
     addition to any other civil or criminal penalties authorized 
     by law, the court shall order restitution for any offense 
     under this chapter.
       ``(b)(1) The order of restitution under this section shall 
     direct the defendant to pay the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses, as determined by the court under paragraph (3) of 
     this subsection.
       ``(2) An order of restitution under this section shall be 
     issued and enforced in accordance with section 3664 in the 
     same manner as an order under section 3663A.
       ``(3) As used in this subsection, the term `full amount of 
     the victim's losses' has the same meaning as provided in 
     section 2259(b)(3) and shall in addition include the greater 
     of the gross income or value to the defendant of the victim's 
     services or labor or the value of the victim's labor as 
     guaranteed under the minimum wage and overtime guarantees of 
     the Fair Labor Standards Act (29 U.S.C. 201, et seq.).
       ``(c) As used in this section, the term `victim' means the 
     individual harmed as a result of a crime under this chapter, 
     including, in the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or a representative of the victim's 
     estate, or another family member, or any other person 
     appointed as suitable by the court, but in no event shall the 
     defendant be named such representative or guardian.

     ``Sec. 1594. General provisions

       ``(a) Whoever attempts to violate section 1581, 1583, 1584, 
     1589, 1590, or 1591 shall be punishable in the same manner as 
     a completed violation of that section.
       ``(b) The court, in imposing sentence on any person 
     convicted of a violation of this chapter, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person shall forfeit to 
     the United States--
       ``(1) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(2) any property, real or personal, constituting or 
     derived from, any proceeds that such person obtained, 
     directly or indirectly, as a result of such violation.
       ``(c)(1) The following shall be subject to forfeiture to 
     the United States and no property right shall exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of any 
     violation of this chapter.
       ``(B) Any property, real or personal, which constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeitures shall extend to any seizure or civil 
     forfeiture under this subsection.
       ``(d) Witness Protection.--Any violation of this chapter 
     shall be considered an organized criminal activity or other 
     serious offense for the purposes of application of chapter 
     224 (relating to witness protection).''; and
       (3) by amending the table of sections at the beginning of 
     chapter 77 by adding at the end the following new items:

``1589. Forced labor.
``1590. Trafficking with respect to peonage, slavery, involuntary 
              servitude, or forced labor.
``1591. Sex trafficking of children or by force, fraud, or coercion.
``1592. Unlawful conduct with respect to documents in furtherance of 
              trafficking, peonage, slavery, involuntary servitude, or 
              forced labor.
``1593. Mandatory restitution.
``1594. General provisions.''.

       (b) Amendment to the Sentencing Guidelines.--
       (1) Pursuant to its authority under section 994 of title 
     28, United States Code, and in accordance with this section, 
     the United States Sentencing Commission shall review and, if 
     appropriate, amend the sentencing guidelines and policy 
     statements applicable to persons convicted of offenses 
     involving the trafficking of persons including component or 
     related crimes of peonage, involuntary servitude, slave trade 
     offenses, and possession, transfer or sale of false 
     immigration documents in furtherance of trafficking, and the 
     Fair Labor Standards Act and the Migrant and Seasonal 
     Agricultural Worker Protection Act.
       (2) In carrying out this subsection, the Sentencing 
     Commission shall--
       (A) take all appropriate measures to ensure that these 
     sentencing guidelines and policy statements applicable to the 
     offenses described in paragraph (1) of this subsection are 
     sufficiently stringent to deter and adequately reflect the 
     heinous nature of such offenses;
       (B) consider conforming the sentencing guidelines 
     applicable to offenses involving trafficking in persons to 
     the guidelines applicable to peonage, involuntary servitude, 
     and slave trade offenses; and
       (C) consider providing sentencing enhancements for those 
     convicted of the offenses described in paragraph (1) of this 
     subsection that--
       (i) involve a large number of victims;
       (ii) involve a pattern of continued and flagrant 
     violations;
       (iii) involve the use or threatened use of a dangerous 
     weapon; or
       (iv) result in the death or bodily injury of any person.
       (3) The Commission may promulgate the guidelines or 
     amendments under this subsection in accordance with the 
     procedures set forth in section 21(a) of the Sentencing Act 
     of 1987, as though the authority under that Act had not 
     expired.

     SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Authorization of Appropriations in Support of the Task 
     Force.--To carry out the purposes of sections 104, 105, and 
     110, there are authorized to be appropriated to the Secretary 
     of State $1,500,000 for fiscal year 2001 and $3,000,000 for 
     fiscal year 2002.
       (b) Authorization of Appropriations to the Secretary of 
     Health and Human Services.--To carry out the purposes of 
     section 107(b), there are authorized to be appropriated to 
     the Secretary of Health and Human Services $5,000,000 for 
     fiscal year 2001 and $10,000,000 for fiscal year 2002.

[[Page 21063]]

       (c) Authorization of Appropriations to the Secretary of 
     State.--
       (1) Assistance for victims in other countries.--To carry 
     out the purposes of section 107(a), there are authorized to 
     be appropriated to the Secretary of State $5,000,000 for 
     fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (2) Voluntary contributions to osce.--To carry out the 
     purposes of section 109, there are authorized to be 
     appropriated to the Secretary of State $300,000 for voluntary 
     contributions to advance projects aimed at preventing 
     trafficking, promoting respect for human rights of 
     trafficking victims, and assisting the Organization for 
     Security and Cooperation in Europe participating states in 
     related legal reform for fiscal year 2001.
       (3) Preparation of annual country reports on human 
     rights.--To carry out the purposes of section 104, there are 
     authorized to be appropriated to the Secretary of State such 
     sums as may be necessary to include the additional 
     information required by that section in the annual Country 
     Reports on Human Rights Practices, including the preparation 
     and publication of the list described in subsection (a)(1) of 
     that section.
       (d) Authorization of Appropriations to Attorney General.--
     To carry out the purposes of section 107(b), there are 
     authorized to be appropriated to the Attorney General 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
       (e) Authorization of Appropriations to President.--
       (1) Foreign victim assistance.--To carry out the purposes 
     of section 106, there are authorized to be appropriated to 
     the President $5,000,000 for fiscal year 2001 and $10,000,000 
     for fiscal year 2002.
       (2) Assistance to foreign countries to meet minimum 
     standards.--To carry out the purposes of section 109, there 
     are authorized to be appropriated to the President $5,000,000 
     for fiscal year 2001 and $10,000,000 for fiscal year 2002.
       (f) Authorization of Appropriations to the Secretary of 
     Labor.--To carry out the purposes of section 107(b), there 
     are authorized to be appropriated to the Secretary of Labor 
     $5,000,000 for fiscal year 2001 and $10,000,000 for fiscal 
     year 2002.
             DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Violence Against Women 
     Act of 2000''.

     SEC. 1002. DEFINITIONS.

       In this division--
       (1) the term ``domestic violence'' has the meaning given 
     the term in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); 
     and
       (2) the term ``sexual assault'' has the meaning given the 
     term in section 2003 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

     SEC. 1003. ACCOUNTABILITY AND OVERSIGHT.

       (a) Report by Grant Recipients.--The Attorney General or 
     Secretary of Health and Human Services, as applicable, shall 
     require grantees under any program authorized or reauthorized 
     by this division or an amendment made by this division to 
     report on the effectiveness of the activities carried out 
     with amounts made available to carry out that program, 
     including number of persons served, if applicable, numbers of 
     persons seeking services who could not be served and such 
     other information as the Attorney General or Secretary may 
     prescribe.
       (b) Report to Congress.--The Attorney General or Secretary 
     of Health and Human Services, as applicable, shall report 
     biennially to the Committees on the Judiciary of the House of 
     Representatives and the Senate on the grant programs 
     described in subsection (a), including the information 
     contained in any report under that subsection.
TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

     SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION 
                   ORDERS.

       (a) In General.--Part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended--
       (1) in the heading, by adding ``AND ENFORCEMENT OF 
     PROTECTION ORDERS'' at the end;
       (2) in section 2101(b)--
       (A) in paragraph (6), by inserting ``(including juvenile 
     courts)'' after ``courts''; and
       (B) by adding at the end the following:
       ``(7) To provide technical assistance and computer and 
     other equipment to police departments, prosecutors, courts, 
     and tribal jurisdictions to facilitate the widespread 
     enforcement of protection orders, including interstate 
     enforcement, enforcement between States and tribal 
     jurisdictions, and enforcement between tribal 
     jurisdictions.''; and
       (3) in section 2102--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2), by striking the period at the end 
     and inserting ``, including the enforcement of protection 
     orders from other States and jurisdictions (including tribal 
     jurisdictions);''; and
       (iii) by adding at the end the following:
       ``(3) have established cooperative agreements or can 
     demonstrate effective ongoing collaborative arrangements with 
     neighboring jurisdictions to facilitate the enforcement of 
     protection orders from other States and jurisdictions 
     (including tribal jurisdictions); and
       ``(4) in applications describing plans to further the 
     purposes stated in paragraph (4) or (7) of section 2101(b), 
     will give priority to using the grant to develop and install 
     data collection and communication systems, including 
     computerized systems, and training on how to use these 
     systems effectively to link police, prosecutors, courts, and 
     tribal jurisdictions for the purpose of identifying and 
     tracking protection orders and violations of protection 
     orders, in those jurisdictions where such systems do not 
     exist or are not fully effective.''; and
       (B) by adding at the end the following:
       ``(c) Dissemination of Information.--The Attorney General 
     shall annually compile and broadly disseminate (including 
     through electronic publication) information about successful 
     data collection and communication systems that meet the 
     purposes described in this section. Such dissemination shall 
     target States, State and local courts, Indian tribal 
     governments, and units of local government.''.
       (b) Protection Orders.--
       (1) Filing costs.--Section 2006 of part T of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-5) is amended--
       (A) in the heading, by striking ``FILING'' and inserting 
     ``AND PROTECTION ORDERS'' after ``CHARGES'';
       (B) in subsection (a)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) certifies that its laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction; or''; 
     and
       (ii) in paragraph (2)(B), by striking ``2 years'' and 
     inserting ``2 years after the date of enactment of the 
     Violence Against Women Act of 2000''; and
       (C) by adding at the end the following:
       ``(c) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (2) Eligibility for grants to encourage arrest policies.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (A) in subsection (c), by striking paragraph (4) and 
     inserting the following:
       ``(4) certify that their laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction.''; and
       (B) by adding at the end the following:
       ``(d) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (3) Application for grants to encourage arrest policies.--
     Section 2102(a)(1)(B) of part U of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
     1(a)(1)(B)) is amended by inserting before the semicolon the 
     following: ``or, in the case of the condition set forth in 
     subsection 2101(c)(4), the expiration of the 2-year period 
     beginning on the date of enactment of the Violence Against 
     Women Act of 2000''.
       (4) Registration for protection orders.--Section 2265 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notification and Registration.--
       ``(1) Notification.--A State or Indian tribe according full 
     faith and credit to an order by a court of another State or 
     Indian tribe shall not notify or require notification of the 
     party against whom a protection order has been issued that 
     the protection order has been registered or filed in that 
     enforcing State or tribal jurisdiction unless requested to do 
     so by the party protected under such order.
       ``(2) No prior registration or filing as prerequisite for 
     enforcement.--Any protection order that is otherwise 
     consistent with this section shall be accorded full faith and 
     credit, notwithstanding failure to comply with any 
     requirement that the order be registered or filed in the 
     enforcing State or tribal jurisdiction.
       ``(e) Tribal Court Jurisdiction.--For purposes of this 
     section, a tribal court shall have full civil jurisdiction to 
     enforce protection orders, including authority to enforce any 
     orders through civil contempt proceedings, exclusion of 
     violators from Indian lands, and other appropriate 
     mechanisms, in matters arising within the authority of the 
     tribe.''.
       (c) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et

[[Page 21064]]

     seq.) is amended in the item relating to part U, by adding 
     ``and Enforcement of Protection Orders'' at the end.

     SEC. 1102. ROLE OF COURTS.

       (a) Courts as Eligible STOP Subgrantees.--Part T of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796gg et seq.) is amended--
       (1) in section 2001--
       (A) in subsection (a), by striking ``Indian tribal 
     governments,'' and inserting ``State and local courts 
     (including juvenile courts), Indian tribal governments, 
     tribal courts,''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers'';
       (ii) in paragraph (2), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers''; and
       (iii) in paragraph (3), by inserting ``, court,'' after 
     ``police''; and
       (2) in section 2002--
       (A) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts),'' after ``States,'' the 
     second place it appears;
       (B) in subsection (c), by striking paragraph (3) and 
     inserting the following:
       ``(3) of the amount granted--
       ``(A) not less than 25 percent shall be allocated to police 
     and not less than 25 percent shall be allocated to 
     prosecutors;
       ``(B) not less than 30 percent shall be allocated to victim 
     services; and
       ``(C) not less than 5 percent shall be allocated for State 
     and local courts (including juvenile courts); and''; and
       (C) in subsection (d)(1), by inserting ``court,'' after 
     ``law enforcement,''.
       (b) Eligible Grantees; Use of Grants for Education.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (1) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts), tribal courts,'' after 
     ``Indian tribal governments,'';
       (2) in subsection (b)--
       (A) by inserting ``State and local courts (including 
     juvenile courts),'' after ``Indian tribal governments'';
       (B) in paragraph (2), by striking ``policies and'' and 
     inserting ``policies, educational programs, and'';
       (C) in paragraph (3), by inserting ``parole and probation 
     officers,'' after ``prosecutors,''; and
       (D) in paragraph (4), by inserting ``parole and probation 
     officers,'' after ``prosecutors,'';
       (3) in subsection (c), by inserting ``State and local 
     courts (including juvenile courts),'' after ``Indian tribal 
     governments''; and
       (4) by adding at the end the following:
       ``(e) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for grants under this 
     section for each fiscal year shall be available for grants to 
     Indian tribal governments.''.

     SEC. 1103. REAUTHORIZATION OF STOP GRANTS.

       (a) Reauthorization.--Section 1001(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)) is amended by striking paragraph (18) and inserting 
     the following:
       ``(18) There is authorized to be appropriated to carry out 
     part T $185,000,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Grant Purposes.--Part T of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
     seq.) is amended--
       (1) in section 2001--
       (A) in subsection (b)--
       (i) in paragraph (5), by striking ``racial, cultural, 
     ethnic, and language minorities'' and inserting ``underserved 
     populations'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(8) supporting formal and informal statewide, 
     multidisciplinary efforts, to the extent not supported by 
     State funds, to coordinate the response of State law 
     enforcement agencies, prosecutors, courts, victim services 
     agencies, and other State agencies and departments, to 
     violent crimes against women, including the crimes of sexual 
     assault, domestic violence, and dating violence;
       ``(9) training of sexual assault forensic medical personnel 
     examiners in the collection and preservation of evidence, 
     analysis, prevention, and providing expert testimony and 
     treatment of trauma related to sexual assault;''; and
       (B) by adding at the end the following:
       ``(c) State Coalition Grants.--
       ``(1) Purpose.--The Attorney General shall award grants to 
     each State domestic violence coalition and sexual assault 
     coalition for the purposes of coordinating State victim 
     services activities, and collaborating and coordinating with 
     Federal, State, and local entities engaged in violence 
     against women activities.
       ``(2) Grants to state coalitions.--The Attorney General 
     shall award grants to--
       ``(A) each State domestic violence coalition, as determined 
     by the Secretary of Health and Human Services through the 
     Family Violence Prevention and Services Act (42 U.S.C. 10410 
     et seq.); and
       ``(B) each State sexual assault coalition, as determined by 
     the Center for Injury Prevention and Control of the Centers 
     for Disease Control and Prevention under the Public Health 
     Service Act (42 U.S.C. 280b et seq.).
       ``(3) Eligibility for other grants.--Receipt of an award 
     under this subsection by each State domestic violence and 
     sexual assault coalition shall not preclude the coalition 
     from receiving additional grants under this part to carry out 
     the purposes described in subsection (b).'';
       (2) in section 2002(b)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6), respectively;
       (B) in paragraph (1), by striking ``4 percent'' and 
     inserting ``5 percent'';
       (C) in paragraph (5), as redesignated, by striking 
     ``$500,000'' and inserting ``$600,000''; and
       (D) by inserting after paragraph (1) the following:
       ``(2) 2.5 percent shall be available for grants for State 
     domestic violence coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/54\ of the total 
     amount made available under this paragraph for each fiscal 
     year;
       ``(3) 2.5 percent shall be available for grants for State 
     sexual assault coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/54\ of the total 
     amount made available under this paragraph for each fiscal 
     year;
       ``(4) \1/54\ shall be available for the development and 
     operation of nonprofit tribal domestic violence and sexual 
     assault coalitions in Indian country;'';
       (3) in section 2003, by striking paragraph (7) and 
     inserting the following:
       ``(7) the term `underserved populations' includes 
     populations underserved because of geographic location (such 
     as rural isolation), underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the State planning process in consultation with the 
     Attorney General;'' and
       (4) in section 2004(b)(3), by inserting ``, and the 
     membership of persons served in any underserved population'' 
     before the semicolon.

     SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST 
                   POLICIES.

       Section 1001(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by 
     striking paragraph (19) and inserting the following:
       ``(19) There is authorized to be appropriated to carry out 
     part U $65,000,000 for each of fiscal years 2001 through 
     2005.''.

     SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND 
                   CHILD ABUSE ENFORCEMENT GRANTS.

       Section 40295(c) of the Violence Against Women Act of 1994 
     (42 U.S.C. 13971(c)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $40,000,000 for each of fiscal 
     years 2001 through 2005.''; and
       (2) by adding at the end the following:
       ``(3) Allotment for indian tribes.--Not less than 5 percent 
     of the total amount made available to carry out this section 
     for each fiscal year shall be available for grants to Indian 
     tribal governments.''.

     SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

       (a) Reauthorization.--Section 40603 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 14032) is amended to read as 
     follows:

     ``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subtitle $3,000,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Technical Amendment.--Section 40602(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 14031 note) is amended 
     by inserting ``and implement'' after ``improve''.

     SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING 
                   OFFENSES.

       (a) Interstate Domestic Violence.--Section 2261 of title 
     18, United States Code, is amended by striking subsection (a) 
     and inserting the following:
       ``(a) Offenses.--
       ``(1) Travel or conduct of offender.--A person who travels 
     in interstate or foreign commerce or enters or leaves Indian 
     country with the intent to kill, injure, harass, or 
     intimidate a spouse or intimate partner, and who, in the 
     course of or as a result of such travel, commits or attempts 
     to commit a crime of violence against that spouse or intimate 
     partner, shall be punished as provided in subsection (b).
       ``(2) Causing travel of victim.--A person who causes a 
     spouse or intimate partner to travel in interstate or foreign 
     commerce or to enter or leave Indian country by force, 
     coercion, duress, or fraud, and who, in the course of, as a 
     result of, or to facilitate such conduct or travel, commits 
     or attempts to commit a crime of violence against that spouse 
     or intimate partner, shall be punished as provided in 
     subsection (b).''.
       (b) Interstate Stalking.--
       (1) In general.--Section 2261A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2261A. Interstate stalking

       ``Whoever--
       ``(1) travels in interstate or foreign commerce or within 
     the special maritime and territorial jurisdiction of the 
     United States, or enters or leaves Indian country, with the 
     intent to kill,

[[Page 21065]]

     injure, harass, or intimidate another person, and in the 
     course of, or as a result of, such travel places that person 
     in reasonable fear of the death of, or serious bodily injury 
     to, that person, a member of the immediate family (as defined 
     in section 115) of that person, or the spouse or intimate 
     partner of that person; or
       ``(2) with the intent--
       ``(A) to kill or injure a person in another State or tribal 
     jurisdiction or within the special maritime and territorial 
     jurisdiction of the United States; or
       ``(B) to place a person in another State or tribal 
     jurisdiction, or within the special maritime and territorial 
     jurisdiction of the United States, in reasonable fear of the 
     death of, or serious bodily injury to--
       ``(i) that person;
       ``(ii) a member of the immediate family (as defined in 
     section 115) of that person; or
       ``(iii) a spouse or intimate partner of that person;

     uses the mail or any facility of interstate or foreign 
     commerce to engage in a course of conduct that places that 
     person in reasonable fear of the death of, or serious bodily 
     injury to, any of the persons described in clauses (i) 
     through (iii);

     shall be punished as provided in section 2261(b).''.
       (2) Amendment of federal sentencing guidelines.--
       (A) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal Sentencing 
     Guidelines to reflect the amendment made by this subsection.
       (B) Factors for consideration.--In carrying out 
     subparagraph (A), the Commission shall consider--
       (i) whether the Federal Sentencing Guidelines relating to 
     stalking offenses should be modified in light of the 
     amendment made by this subsection; and
       (ii) whether any changes the Commission may make to the 
     Federal Sentencing Guidelines pursuant to clause (i) should 
     also be made with respect to offenses under chapter 110A of 
     title 18, United States Code.
       (c) Interstate Violation of Protection Order.--Section 2262 
     of title 18, United States Code, is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Offenses.--
       ``(1) Travel or conduct of offender.--A person who travels 
     in interstate or foreign commerce, or enters or leaves Indian 
     country, with the intent to engage in conduct that violates 
     the portion of a protection order that prohibits or provides 
     protection against violence, threats, or harassment against, 
     contact or communication with, or physical proximity to, 
     another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, and subsequently engages in such conduct, shall be 
     punished as provided in subsection (b).
       ``(2) Causing travel of victim.--A person who causes 
     another person to travel in interstate or foreign commerce or 
     to enter or leave Indian country by force, coercion, duress, 
     or fraud, and in the course of, as a result of, or to 
     facilitate such conduct or travel engages in conduct that 
     violates the portion of a protection order that prohibits or 
     provides protection against violence, threats, or harassment 
     against, contact or communication with, or physical proximity 
     to, another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, shall be punished as provided in subsection (b).''.
       (d) Definitions.--Section 2266 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2266. Definitions

       ``In this chapter:
       ``(1) Bodily injury.--The term `bodily injury' means any 
     act, except one done in self-defense, that results in 
     physical injury or sexual abuse.
       ``(2) Course of conduct.--The term `course of conduct' 
     means a pattern of conduct composed of 2 or more acts, 
     evidencing a continuity of purpose.
       ``(3) Enter or leave indian country.--The term `enter or 
     leave Indian country' includes leaving the jurisdiction of 1 
     tribal government and entering the jurisdiction of another 
     tribal government.
       ``(4) Indian country.--The term `Indian country' has the 
     meaning stated in section 1151 of this title.
       ``(5) Protection order.--The term `protection order' 
     includes any injunction or other order issued for the purpose 
     of preventing violent or threatening acts or harassment 
     against, or contact or communication with or physical 
     proximity to, another person, including any temporary or 
     final order issued by a civil and criminal court (other than 
     a support or child custody order issued pursuant to State 
     divorce and child custody laws, except to the extent that 
     such an order is entitled to full faith and credit under 
     other Federal law) whether obtained by filing an independent 
     action or as a pendente lite order in another proceeding so 
     long as any civil order was issued in response to a 
     complaint, petition, or motion filed by or on behalf of a 
     person seeking protection.
       ``(6) Serious bodily injury.--The term `serious bodily 
     injury' has the meaning stated in section 2119(2).
       ``(7) Spouse or intimate partner.--The term `spouse or 
     intimate partner' includes--
       ``(A) for purposes of--
       ``(i) sections other than 2261A, a spouse or former spouse 
     of the abuser, a person who shares a child in common with the 
     abuser, and a person who cohabits or has cohabited as a 
     spouse with the abuser; and
       ``(ii) section 2261A, a spouse or former spouse of the 
     target of the stalking, a person who shares a child in common 
     with the target of the stalking, and a person who cohabits or 
     has cohabited as a spouse with the target of the stalking; 
     and
       ``(B) any other person similarly situated to a spouse who 
     is protected by the domestic or family violence laws of the 
     State or tribal jurisdiction in which the injury occurred or 
     where the victim resides.
       ``(8) State.--The term `State' includes a State of the 
     United States, the District of Columbia, and a commonwealth, 
     territory, or possession of the United States.
       ``(9) Travel in interstate or foreign commerce.--The term 
     `travel in interstate or foreign commerce' does not include 
     travel from 1 State to another by an individual who is a 
     member of an Indian tribe and who remains at all times in the 
     territory of the Indian tribe of which the individual is a 
     member.''.

     SEC. 1108. SCHOOL AND CAMPUS SECURITY.

       (a) Grants To Reduce Violent Crimes Against Women on 
     Campus.--Section 826 of the Higher Education Amendments of 
     1998 (20 U.S.C. 1152) is amended--
       (1) in paragraphs (2), (6), (7), and (9) of subsection (b), 
     by striking ``and domestic violence'' and inserting 
     ``domestic violence, and dating violence'';
       (2) in subsection (c)(2)(B), by striking ``and domestic 
     violence'' and inserting ``, domestic violence and dating 
     violence'';
       (3) in subsection (f)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.'';
       (C) in paragraph (2) (as redesignated by subparagraph (A)), 
     by inserting ``, dating'' after ``domestic'' each place the 
     term appears; and
       (D) in paragraph (4) (as redesignated by subparagraph 
     (A))--
       (i) by inserting ``or a public, nonprofit organization 
     acting in a nongovernmental capacity'' after 
     ``organization'';
       (ii) by inserting ``, dating violence'' after ``assists 
     domestic violence'';
       (iii) by striking ``or domestic violence'' and inserting 
     ``, domestic violence or dating violence''; and
       (iv) by inserting ``dating violence,'' before 
     ``stalking,''; and
       (4) in subsection (g), by striking ``fiscal year 1999 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years'' and inserting ``each of fiscal years 2001 
     through 2005''.
       (b) Matching Grant Program For School Security.--Title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended by inserting after part Z the following new part:

         ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

     ``SEC. 2701. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General is authorized to 
     make grants to States, units of local government, and Indian 
     tribes to provide improved security, including the placement 
     and use of metal detectors and other deterrent measures, at 
     schools and on school grounds.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be distributed directly to the State, unit of local 
     government, or Indian tribe, and shall be used to improve 
     security at schools and on school grounds in the jurisdiction 
     of the grantee through one or more of the following:
       ``(1) Placement and use of metal detectors, locks, 
     lighting, and other deterrent measures.
       ``(2) Security assessments.
       ``(3) Security training of personnel and students.
       ``(4) Coordination with local law enforcement.
       ``(5) Any other measure that, in the determination of the 
     Attorney General, may provide a significant improvement in 
     security.
       ``(c) Preferential Consideration.--In awarding grants under 
     this part, the Attorney General shall give preferential 
     consideration, if feasible, to an application from a 
     jurisdiction that has a demonstrated need for improved 
     security, has a demonstrated need for financial assistance, 
     and has evidenced the ability to make the improvements for 
     which the grant amounts are sought.
       ``(d) Matching Funds.--
       ``(1) The portion of the costs of a program provided by a 
     grant under subsection (a) may not exceed 50 percent.
       ``(2) Any funds appropriated by Congress for the activities 
     of any agency of an Indian tribal government or the Bureau of 
     Indian Affairs performing law enforcement functions on any 
     Indian lands may be used to provide the non-Federal share of 
     a matching requirement funded under this subsection.
       ``(3) The Attorney General may provide, in the guidelines 
     implementing this section, for the requirement of paragraph 
     (1) to be waived or altered in the case of a recipient with a 
     financial need for such a waiver or alteration.
       ``(e) Equitable Distribution.--In awarding grants under 
     this part, the Attorney General

[[Page 21066]]

     shall ensure, to the extent practicable, an equitable 
     geographic distribution among the regions of the United 
     States and among urban, suburban, and rural areas.
       ``(f) Administrative Costs.--The Attorney General may 
     reserve not more than 2 percent from amounts appropriated to 
     carry out this part for administrative costs.

     ``SEC. 2702. APPLICATIONS.

       ``(a) In General.--To request a grant under this part, the 
     chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by such 
     information as the Attorney General may require. Each 
     application shall--
       ``(1) include a detailed explanation of--
       ``(A) the intended uses of funds provided under the grant; 
     and
       ``(B) how the activities funded under the grant will meet 
     the purpose of this part; and
       ``(2) be accompanied by an assurance that the application 
     was prepared after consultation with individuals not limited 
     to law enforcement officers (such as school violence 
     researchers, child psychologists, social workers, teachers, 
     principals, and other school personnel) to ensure that the 
     improvements to be funded under the grant are--
       ``(A) consistent with a comprehensive approach to 
     preventing school violence; and
       ``(B) individualized to the needs of each school at which 
     those improvements are to be made.
       ``(b) Guidelines.--Not later than 90 days after the date of 
     the enactment of this part, the Attorney General shall 
     promulgate guidelines to implement this section (including 
     the information that must be included and the requirements 
     that the States, units of local government, and Indian tribes 
     must meet) in submitting the applications required under this 
     section.

     ``SEC. 2703. ANNUAL REPORT TO CONGRESS.

       ``Not later than November 30th of each year, the Attorney 
     General shall submit a report to the Congress regarding the 
     activities carried out under this part. Each such report 
     shall include, for the preceding fiscal year, the number of 
     grants funded under this part, the amount of funds provided 
     under those grants, and the activities for which those funds 
     were used.

     ``SEC. 2704. DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `school' means a public elementary or 
     secondary school;
       ``(2) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level; and
       ``(3) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)).

     ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $30,000,000 for each of fiscal years 2001 through 
     2003.''.

     SEC. 1109. DATING VIOLENCE.

       (a) Definitions.--
       (1) Section 2003.--Section 2003 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-
     2) is amended--
       (A) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (B) by adding at the end the following:
       ``(9) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.''.
       (2) Section 2105.--Section 2105 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
     4) is amended--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) the term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of the following factors:
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.''.
       (b) STOP Grants.--Section 2001(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg(b)) is amended--
       (1) in paragraph (1), by striking ``sexual assault and 
     domestic violence'' and inserting ``sexual assault, domestic 
     violence, and dating violence''; and
       (2) in paragraph (5), by striking ``sexual assault and 
     domestic violence'' and inserting ``sexual assault, domestic 
     violence, and dating violence''.
       (c) Grants To Encourage Arrest Policies.--Section 2101(b) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796hh(b)) is amended--
       (1) in paragraph (2), by inserting ``and dating violence'' 
     after ``domestic violence''; and
       (2) in paragraph (5), by inserting ``and dating violence'' 
     after ``domestic violence''.
       (d) Rural Domestic Violence and Child Abuse Enforcement.--
     Section 40295(a) of the Safe Homes for Women Act of 1994 (42 
     U.S.C. 13971(a)) is amended--
       (1) in paragraph (1), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     after ``domestic violence''; and
       (2) in paragraph (2), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     after ``domestic violence''.
        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

     SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.

       (a) In General.--The purpose of this section is to enable 
     the Attorney General to award grants to increase the 
     availability of legal assistance necessary to provide 
     effective aid to victims of domestic violence, stalking, or 
     sexual assault who are seeking relief in legal matters 
     arising as a consequence of that abuse or violence, at 
     minimal or no cost to the victims.
       (b) Definitions.--In this section:
       (1) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (2) Legal assistance for victims.--The term ``legal 
     assistance'' includes assistance to victims of domestic 
     violence, stalking, and sexual assault in family, 
     immigration, administrative agency, or housing matters, 
     protection or stay away order proceedings, and other similar 
     matters. No funds made available under this section may be 
     used to provide financial assistance in support of any 
     litigation described in paragraph (14) of section 504 of 
     Public Law 104-134.
       (3) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (c) Legal Assistance for Victims Grants.--The Attorney 
     General may award grants under this subsection to private 
     nonprofit entities, Indian tribal governments, and publicly 
     funded organizations not acting in a governmental capacity 
     such as law schools, and which shall be used--
       (1) to implement, expand, and establish cooperative efforts 
     and projects between domestic violence and sexual assault 
     victim services organizations and legal assistance providers 
     to provide legal assistance for victims of domestic violence, 
     stalking, and sexual assault;
       (2) to implement, expand, and establish efforts and 
     projects to provide legal assistance for victims of domestic 
     violence, stalking, and sexual assault by organizations with 
     a demonstrated history of providing direct legal or advocacy 
     services on behalf of these victims; and
       (3) to provide training, technical assistance, and data 
     collection to improve the capacity of grantees and other 
     entities to offer legal assistance to victims of domestic 
     violence, stalking, and sexual assault.
       (d) Eligibility.--To be eligible for a grant under 
     subsection (c), applicants shall certify in writing that--
       (1) any person providing legal assistance through a program 
     funded under subsection (c) has completed or will complete 
     training in connection with domestic violence or sexual 
     assault and related legal issues;
       (2) any training program conducted in satisfaction of the 
     requirement of paragraph (1) has been or will be developed 
     with input from and in collaboration with a State, local, or 
     tribal domestic violence or sexual assault program or 
     coalition, as well as appropriate State and local law 
     enforcement officials;
       (3) any person or organization providing legal assistance 
     through a program funded under subsection (c) has informed 
     and will continue to inform State, local, or tribal domestic 
     violence or sexual assault programs and coalitions, as well 
     as appropriate State and local law enforcement officials of 
     their work; and
       (4) the grantee's organizational policies do not require 
     mediation or counseling involving offenders and victims 
     physically together, in cases where sexual assault, domestic 
     violence, or child sexual abuse is an issue.
       (e) Evaluation.--The Attorney General may evaluate the 
     grants funded under this section through contracts or other 
     arrangements with entities expert on domestic violence, 
     stalking, and sexual assault, and on evaluation research.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $40,000,000 for each of fiscal years 
     2001 through 2005.
       (2) Allocation of funds.--
       (A) Tribal programs.--Of the amount made available under 
     this subsection in each fiscal year, not less than 5 percent 
     shall be used for grants for programs that assist victims of 
     domestic violence, stalking, and sexual assault on lands 
     within the jurisdiction of an Indian tribe.
       (B) Victims of sexual assault.--Of the amount made 
     available under this subsection in each fiscal year, not less 
     than 25 percent shall be used for direct services, training, 
     and technical assistance to support projects focused solely 
     or primarily on providing legal assistance to victims of 
     sexual assault.
       (3) Nonsupplantation.--Amounts made available under this 
     section shall be used to supplement and not supplant other 
     Federal, State, and local funds expended to further the 
     purpose of this section.

[[Page 21067]]



     SEC. 1202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

       (a) Reauthorization.--Section 310(a) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10409(a)) is amended 
     to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this title $175,000,000 for each of fiscal years 
     2001 through 2005.''.
       (b) State Minimum; Reallotment.--Section 304 of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10403) is 
     amended--
       (1) in subsection (a), by striking ``for grants to States 
     for any fiscal year'' and all that follows and inserting the 
     following: ``and available for grants to States under this 
     subsection for any fiscal year--
       ``(1) Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana Islands 
     shall each be allotted not less than \1/8\ of 1 percent of 
     the amounts available for grants under section 303(a) for the 
     fiscal year for which the allotment is made; and
       ``(2) each State shall be allotted for payment in a grant 
     authorized under section 303(a), $600,000, with the remaining 
     funds to be allotted to each State in an amount that bears 
     the same ratio to such remaining funds as the population of 
     such State bears to the population of all States.'';
       (2) in subsection (c), in the first sentence, by inserting 
     ``and available'' before ``for grants''; and
       (3) by adding at the end the following:
       ``(e) In subsection (a)(2), the term ``State'' does not 
     include any jurisdiction specified in subsection (a)(1).''.

     SEC. 1203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF 
                   DOMESTIC VIOLENCE.

       Title III of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10401 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

       ``(a) In General.--The Secretary shall award grants under 
     this section to carry out programs to provide assistance to 
     individuals, and their dependents--
       ``(1) who are homeless or in need of transitional housing 
     or other housing assistance, as a result of fleeing a 
     situation of domestic violence; and
       ``(2) for whom emergency shelter services are unavailable 
     or insufficient.
       ``(b) Assistance Described.--Assistance provided under this 
     section may include--
       ``(1) short-term housing assistance, including rental or 
     utilities payments assistance and assistance with related 
     expenses, such as payment of security deposits and other 
     costs incidental to relocation to transitional housing, in 
     cases in which assistance described in this paragraph is 
     necessary to prevent homelessness because an individual or 
     dependent is fleeing a situation of domestic violence; and
       ``(2) support services designed to enable an individual or 
     dependent who is fleeing a situation of domestic violence to 
     locate and secure permanent housing, and to integrate the 
     individual or dependent into a community, such as 
     transportation, counseling, child care services, case 
     management, employment counseling, and other assistance.
       ``(c) Term of Assistance.--
       ``(1) In general.--Subject to paragraph (2), an individual 
     or dependent assisted under this section may not receive 
     assistance under this section for a total of more than 12 
     months.
       ``(2) Waiver.--The recipient of a grant under this section 
     may waive the restrictions of paragraph (1) for up to an 
     additional 6-month period with respect to any individual (and 
     dependents of the individual) who has made a good-faith 
     effort to acquire permanent housing and has been unable to 
     acquire the housing.
       ``(d) Reports.--
       ``(1) Report to secretary.--
       ``(A) In general.--An entity that receives a grant under 
     this section shall annually prepare and submit to the 
     Secretary a report describing the number of individuals and 
     dependents assisted, and the types of housing assistance and 
     support services provided, under this section.
       ``(B) Contents.--Each report shall include information on--
       ``(i) the purpose and amount of housing assistance provided 
     to each individual or dependent assisted under this section;
       ``(ii) the number of months each individual or dependent 
     received the assistance;
       ``(iii) the number of individuals and dependents who were 
     eligible to receive the assistance, and to whom the entity 
     could not provide the assistance solely due to a lack of 
     available housing; and
       ``(iv) the type of support services provided to each 
     individual or dependent assisted under this section.
       ``(2) Report to congress.--The Secretary shall annually 
     prepare and submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report that contains a compilation of the 
     information contained in reports submitted under paragraph 
     (1).
       ``(e) Evaluation, Monitoring, and Administration.--Of the 
     amount appropriated under subsection (f) for each fiscal 
     year, not more than 1 percent shall be used by the Secretary 
     for evaluation, monitoring, and administrative costs under 
     this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2001.''.

     SEC. 1204. NATIONAL DOMESTIC VIOLENCE HOTLINE.

       Section 316(f) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10416(f)) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $2,000,000 for each of fiscal years 
     2001 through 2005.''.

     SEC. 1205. FEDERAL VICTIMS COUNSELORS.

       Section 40114 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1910) 
     is amended by striking ``(such as District of Columbia)--'' 
     and all that follows and inserting ``(such as District of 
     Columbia), $1,000,000 for each of fiscal years 2001 through 
     2005.''.

     SEC. 1206. STUDY OF STATE LAWS REGARDING INSURANCE 
                   DISCRIMINATION AGAINST VICTIMS OF VIOLENCE 
                   AGAINST WOMEN.

       (a) In General.--The Attorney General shall conduct a 
     national study to identify State laws that address 
     discrimination against victims of domestic violence and 
     sexual assault related to issuance or administration of 
     insurance policies.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on the findings and recommendations of the 
     study required by subsection (a).

     SEC. 1207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST 
                   WOMEN.

       The Attorney General shall--
       (1) conduct a national survey of plans, programs, and 
     practices developed to assist employers and employees on 
     appropriate responses in the workplace related to victims of 
     domestic violence, stalking, or sexual assault; and
       (2) not later than 18 months after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of that survey, which report shall include the 
     recommendations of the Attorney General to assist employers 
     and employees affected in the workplace by incidents of 
     domestic violence, stalking, and sexual assault.

     SEC. 1208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF 
                   VIOLENCE AGAINST WOMEN.

       The Secretary of Labor, in consultation with the Attorney 
     General, shall--
       (1) conduct a national study to identify State laws that 
     address the separation from employment of an employee due to 
     circumstances directly resulting from the experience of 
     domestic violence by the employee and circumstances governing 
     that receipt (or nonreceipt) by the employee of unemployment 
     compensation based on such separation; and
       (2) not later than 1 year after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of that study, together with any recommendations based on 
     that study.

     SEC. 1209. ENHANCING PROTECTIONS FOR OLDER AND DISABLED WOMEN 
                   FROM DOMESTIC VIOLENCE AND SEXUAL ASSAULT.

       (a) Elder Abuse, Neglect, and Exploitation.--The Violence 
     Against Women Act of 1994 (108 Stat. 1902 et seq.) is amended 
     by adding at the end the following:
    ``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including 
    Domestic Violence and Sexual Assault Against Older or Disabled 
                              Individuals

     ``SEC. 40801. DEFINITIONS.

       ``In this subtitle:
       ``(1) In general.--The terms `elder abuse, neglect, and 
     exploitation', and `older individual' have the meanings given 
     the terms in section 102 of the Older Americans Act of 1965 
     (42 U.S.C. 3002).
       ``(2) Domestic violence.--The term `domestic violence' has 
     the meaning given such term by section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       ``(3) Sexual assault.--The term `sexual assault' has the 
     meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).

     ``SEC. 40802. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.

       ``The Attorney General may make grants for training 
     programs to assist law enforcement officers, prosecutors, and 
     relevant officers of Federal, State, tribal, and local courts 
     in recognizing, addressing, investigating, and prosecuting 
     instances of elder abuse, neglect, and exploitation and 
     violence against individuals with disabilities, including 
     domestic violence and sexual assault, against older or 
     disabled individuals.

     ``SEC. 40803. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle $5,000,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Protections for Older and Disabled Individuals From 
     Domestic Violence and Sexual Assault in Pro-Arrest Grants.--
     Section 2101(b) of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended by adding at the end the following:
       ``(8) To develop or strengthen policies and training for 
     police, prosecutors, and the judiciary in recognizing, 
     investigating, and prosecuting instances of domestic violence 
     and sexual assault against older individuals (as defined in 
     section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002)) and individuals with disabilities (as defined in 
     section 3(2) of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12102(2))).''.
       (c) Protections for Older and Disabled Individuals From 
     Domestic Violence and Sexual Assault in STOP Grants.--Section 
     2001(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C.

[[Page 21068]]

     3796gg(b)) (as amended by section 1103(b) of this division) 
     is amended by adding at the end the following:
       ``(10) developing, enlarging, or strengthening programs to 
     assist law enforcement, prosecutors, courts, and others to 
     address the needs and circumstances of older and disabled 
     women who are victims of domestic violence or sexual assault, 
     including recognizing, investigating, and prosecuting 
     instances of such violence or assault and targeting outreach 
     and support, counseling, and other victim services to such 
     older and disabled individuals; and''.
        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

     SEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

       (a) In General.--The Attorney General may award grants to 
     States, units of local government, and Indian tribal 
     governments that propose to enter into or expand the scope of 
     existing contracts and cooperative agreements with public or 
     private nonprofit entities to provide supervised visitation 
     and safe visitation exchange of children by and between 
     parents in situations involving domestic violence, child 
     abuse, sexual assault, or stalking.
       (b) Considerations.--In awarding grants under subsection 
     (a), the Attorney General shall take into account--
       (1) the number of families to be served by the proposed 
     visitation programs and services;
       (2) the extent to which the proposed supervised visitation 
     programs and services serve underserved populations (as 
     defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
       (3) with respect to an applicant for a contract or 
     cooperative agreement, the extent to which the applicant 
     demonstrates cooperation and collaboration with nonprofit, 
     nongovernmental entities in the local community served, 
     including the State or tribal domestic violence coalition, 
     State or tribal sexual assault coalition, local shelters, and 
     programs for domestic violence and sexual assault victims; 
     and
       (4) the extent to which the applicant demonstrates 
     coordination and collaboration with State and local court 
     systems, including mechanisms for communication and referral.
       (c) Applicant Requirements.--The Attorney General shall 
     award grants for contracts and cooperative agreements to 
     applicants that--
       (1) demonstrate expertise in the area of family violence, 
     including the areas of domestic violence or sexual assault, 
     as appropriate;
       (2) ensure that any fees charged to individuals for use of 
     programs and services are based on the income of those 
     individuals, unless otherwise provided by court order;
       (3) demonstrate that adequate security measures, including 
     adequate facilities, procedures, and personnel capable of 
     preventing violence, are in place for the operation of 
     supervised visitation programs and services or safe 
     visitation exchange; and
       (4) prescribe standards by which the supervised visitation 
     or safe visitation exchange will occur.
       (d) Reporting.--
       (1) In general.--Not later than 1 year after the last day 
     of the first fiscal year commencing on or after the date of 
     enactment of this Act, and not later than 180 days after the 
     last day of each fiscal year thereafter, the Attorney General 
     shall submit to Congress a report that includes information 
     concerning--
       (A) the number of--
       (i) individuals served and the number of individuals turned 
     away from visitation programs and services and safe 
     visitation exchange (categorized by State);
       (ii) the number of individuals from underserved populations 
     served and turned away from services; and
       (iii) the type of problems that underlie the need for 
     supervised visitation or safe visitation exchange, such as 
     domestic violence, child abuse, sexual assault, other 
     physical abuse, or a combination of such factors;
       (B) the numbers of supervised visitations or safe 
     visitation exchanges ordered under this section during 
     custody determinations under a separation or divorce decree 
     or protection order, through child protection services or 
     other social services agencies, or by any other order of a 
     civil, criminal, juvenile, or family court;
       (C) the process by which children or abused partners are 
     protected during visitations, temporary custody transfers, 
     and other activities for which supervised visitation is 
     established under this section;
       (D) safety and security problems occurring during the 
     reporting period during supervised visitation under this 
     section, including the number of parental abduction cases; 
     and
       (E) the number of parental abduction cases in a judicial 
     district using supervised visitation programs and services 
     under this section, both as identified in criminal 
     prosecution and custody violations.
       (2) Guidelines.--The Attorney General shall establish 
     guidelines for the collection and reporting of data under 
     this subsection.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2001 and 2002.
       (f) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for each fiscal year to 
     carry out this section shall be available for grants to 
     Indian tribal governments.

     SEC. 1302. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE 
                   PROGRAMS.

       (a) Court-Appointed Special Advocate Program.--Section 218 
     of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Authorization.--There is authorized to be 
     appropriated to carry out this subtitle $12,000,000 for each 
     of fiscal years 2001 through 2005.''.
       (b) Child Abuse Training Programs for Judicial Personnel 
     and Practitioners.--Section 224 of the Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13024) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Authorization.--There is authorized to be 
     appropriated to carry out this subtitle $2,300,000 for each 
     of fiscal years 2001 through 2005.''.
       (c) Grants for Televised Testimony.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (7) 
     and inserting the following:
       ``(7) There is authorized to be appropriated to carry out 
     part N $1,000,000 for each of fiscal years 2001 through 
     2005.''.
       (d) Dissemination of Information.--The Attorney General 
     shall--
       (1) annually compile and disseminate information (including 
     through electronic publication) about the use of amounts 
     expended and the projects funded under section 218(a) of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), 
     section 224(a) of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13024(a)), and section 1007(a)(7) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(7)), including any evaluations of the projects and 
     information to enable replication and adoption of the 
     strategies identified in the projects; and
       (2) focus dissemination of the information described in 
     paragraph (1) toward community-based programs, including 
     domestic violence and sexual assault programs.

     SEC. 1303. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN 
                   DOMESTIC VIOLENCE CASES.

       (a) In General.--The Attorney General shall--
       (1) conduct a study of Federal and State laws relating to 
     child custody, including custody provisions in protection 
     orders, the Uniform Child Custody Jurisdiction and 
     Enforcement Act adopted by the National Conference of 
     Commissioners on Uniform State Laws in July 1997, the 
     Parental Kidnaping Prevention Act of 1980 and the amendments 
     made by that Act, and the effect of those laws on child 
     custody cases in which domestic violence is a factor; and
       (2) submit to Congress a report describing the results of 
     that study, including the effects of implementing or applying 
     model State laws, and the recommendations of the Attorney 
     General to reduce the incidence or pattern of violence 
     against women or of sexual assault of the child.
       (b) Sufficiency of Defenses.--In carrying out subsection 
     (a) with respect to the Parental Kidnaping Prevention Act of 
     1980 and the amendments made by that Act, the Attorney 
     General shall examine the sufficiency of defenses to parental 
     abduction charges available in cases involving domestic 
     violence, and the burdens and risks encountered by victims of 
     domestic violence arising from jurisdictional requirements of 
     that Act and the amendments made by that Act.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000 for 
     fiscal year 2001.
       (d) Condition for Custody Determination.--Section 
     1738A(c)(2)(C)(ii) of title 28, United States Code, is 
     amended by striking ``he'' and inserting ``the child, a 
     sibling, or parent of the child''.
   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

     SEC. 1401. RAPE PREVENTION AND EDUCATION.

       (a) In General.--Part J of title III of the Public Health 
     Service Act (42 U.S.C. 280b et seq.) is amended by inserting 
     after section 393A the following:

     ``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

       ``(a) Permitted Use.--The Secretary, acting through the 
     National Center for Injury Prevention and Control at the 
     Centers for Disease Control and Prevention, shall award 
     targeted grants to States to be used for rape prevention and 
     education programs conducted by rape crisis centers, State 
     sexual assault coalitions, and other public and private 
     nonprofit entities for--
       ``(1) educational seminars;
       ``(2) the operation of hotlines;
       ``(3) training programs for professionals;
       ``(4) the preparation of informational material;
       ``(5) education and training programs for students and 
     campus personnel designed to reduce the incidence of sexual 
     assault at colleges and universities;
       ``(6) education to increase awareness about drugs used to 
     facilitate rapes or sexual assaults; and
       ``(7) other efforts to increase awareness of the facts 
     about, or to help prevent, sexual assault, including efforts 
     to increase awareness in underserved communities and 
     awareness among individuals with disabilities (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       ``(b) Collection and Dissemination of Information on Sexual 
     Assault.--The Secretary shall, through the National Resource 
     Center on Sexual Assault established under the National 
     Center for Injury Prevention and Control at the Centers for 
     Disease Control and Prevention, provide resource information, 
     policy, training,

[[Page 21069]]

     and technical assistance to Federal, State, local, and Indian 
     tribal agencies, as well as to State sexual assault 
     coalitions and local sexual assault programs and to other 
     professionals and interested parties on issues relating to 
     sexual assault, including maintenance of a central resource 
     library in order to collect, prepare, analyze, and 
     disseminate information and statistics and analyses thereof 
     relating to the incidence and prevention of sexual assault.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $80,000,000 for each of fiscal 
     years 2001 through 2005.
       ``(2) National resource center allotment.--Of the total 
     amount made available under this subsection in each fiscal 
     year, not more than the greater of $1,000,000 or 2 percent of 
     such amount shall be available for allotment under subsection 
     (b).
       ``(d) Limitations.--
       ``(1) Supplement not supplant.--Amounts provided to States 
     under this section shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide services of the type described in 
     subsection (a).
       ``(2) Studies.--A State may not use more than 2 percent of 
     the amount received by the State under this section for each 
     fiscal year for surveillance studies or prevalence studies.
       ``(3) Administration.--A State may not use more than 5 
     percent of the amount received by the State under this 
     section for each fiscal year for administrative expenses.''.
       (b) Repeal.--Section 40151 of the Violence Against Women 
     Act of 1994 (108 Stat. 1920), and the amendment made by such 
     section, is repealed.

     SEC. 1402. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND 
                   ABUSE OF WOMEN WITH DISABILITIES.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of Health and Human Services, may award grants 
     to States, units of local government, Indian tribal 
     governments, and nongovernmental private entities to provide 
     education and technical assistance for the purpose of 
     providing training, consultation, and information on domestic 
     violence, stalking, and sexual assault against women who are 
     individuals with disabilities (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
       (b) Priorities.--In awarding grants under this section, the 
     Attorney General shall give priority to applications designed 
     to provide education and technical assistance on--
       (1) the nature, definition, and characteristics of domestic 
     violence, stalking, and sexual assault experienced by women 
     who are individuals with disabilities;
       (2) outreach activities to ensure that women who are 
     individuals with disabilities who are victims of domestic 
     violence, stalking, and sexual assault receive appropriate 
     assistance;
       (3) the requirements of shelters and victim services 
     organizations under Federal anti-discrimination laws, 
     including the Americans with Disabilities Act of 1990 and 
     section 504 of the Rehabilitation Act of 1973; and
       (4) cost-effective ways that shelters and victim services 
     may accommodate the needs of individuals with disabilities in 
     accordance with the Americans with Disabilities Act of 1990.
       (c) Uses of Grants.--Each recipient of a grant under this 
     section shall provide information and training to 
     organizations and programs that provide services to 
     individuals with disabilities, including independent living 
     centers, disability-related service organizations, and 
     domestic violence programs providing shelter or related 
     assistance.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,500,000 for 
     each of fiscal years 2001 through 2005.

     SEC. 1403. COMMUNITY INITIATIVES.

       Section 318 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10418) is amended by striking subsection (h) 
     and inserting the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $6,000,000 for each of fiscal years 2001 through 2005.''.

     SEC. 1404. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

       (a) In General.--The Attorney General shall--
       (1) direct the National Institute of Justice, in 
     consultation and coordination with the Bureau of Justice 
     Statistics and the National Academy of Sciences, through its 
     National Research Council, to develop a research agenda based 
     on the recommendations contained in the report entitled 
     ``Understanding Violence Against Women'' of the National 
     Academy of Sciences; and
       (2) not later than 1 year after the date of enactment of 
     this Act, in consultation with the Secretary of the 
     Department of Health and Human Services, submit to Congress a 
     report which shall include--
       (A) a description of the research agenda developed under 
     paragraph (1) and a plan to implement that agenda;
       (B) recommendations for priorities in carrying out that 
     agenda to most effectively advance knowledge about and means 
     by which to prevent or reduce violence against women.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1405. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL 
                   ASSAULT FORENSIC EXAMINATIONS.

       (a) In General.--The Attorney General shall--
       (1) evaluate existing standards of training and practice 
     for licensed health care professionals performing sexual 
     assault forensic examinations and develop a national 
     recommended standard for training;
       (2) recommend sexual assault forensic examination training 
     for all health care students to improve the recognition of 
     injuries suggestive of rape and sexual assault and baseline 
     knowledge of appropriate referrals in victim treatment and 
     evidence collection; and
       (3) review existing national, State, tribal, and local 
     protocols on sexual assault forensic examinations, and based 
     on this review, develop a recommended national protocol and 
     establish a mechanism for its nationwide dissemination.
       (b) Consultation.--The Attorney General shall consult with 
     national, State, tribal, and local experts in the area of 
     rape and sexual assault, including rape crisis centers, State 
     and tribal sexual assault and domestic violence coalitions 
     and programs, and programs for criminal justice, forensic 
     nursing, forensic science, emergency room medicine, law, 
     social services, and sex crimes in underserved communities 
     (as defined in section 2003(7) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
     2(7)), as amended by this division).
       (c) Report.--The Attorney General shall ensure that not 
     later than 1 year after the date of enactment of this Act, a 
     report of the actions taken pursuant to subsection (a) is 
     submitted to Congress.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000 for 
     fiscal year 2001.

     SEC. 1406. EDUCATION AND TRAINING FOR JUDGES AND COURT 
                   PERSONNEL.

       (a) Grants for Education and Training for Judges and Court 
     Personnel in State Courts.--
       (1) Section 40412.--Section 40412 of the Equal Justice for 
     Women in the Courts Act of 1994 (42 U.S.C. 13992) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (18);
       (B) by striking the period at the end of paragraph (19) and 
     inserting a semicolon; and
       (C) by inserting after paragraph (19) the following:
       ``(20) the issues raised by domestic violence in 
     determining custody and visitation, including how to protect 
     the safety of the child and of a parent who is not a 
     predominant aggressor of domestic violence, the legitimate 
     reasons parents may report domestic violence, the ways 
     domestic violence may relate to an abuser's desire to seek 
     custody, and evaluating expert testimony in custody and 
     visitation determinations involving domestic violence;
       ``(21) the issues raised by child sexual assault in 
     determining custody and visitation, including how to protect 
     the safety of the child, the legitimate reasons parents may 
     report child sexual assault, and evaluating expert testimony 
     in custody and visitation determinations involving child 
     sexual assault, including the current scientifically-accepted 
     and empirically valid research on child sexual assault;
       ``(22) the extent to which addressing domestic violence and 
     victim safety contributes to the efficient administration of 
     justice;''.
       (2) Section 40414.--Section 40414(a) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is 
     amended by inserting ``and $1,500,000 for each of the fiscal 
     years 2001 through 2005'' after ``1996''.
       (b) Grants for Education and Training for Judges and Court 
     Personnel in Federal Courts.--
       (1) Section 40421.--Section 40421(d) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is 
     amended to read as follows:
       ``(d) Continuing Education and Training Programs.--The 
     Federal Judicial Center, in carrying out section 620(b)(3) of 
     title 28, United States Code, shall include in the 
     educational programs it prepares, including the training 
     programs for newly appointed judges, information on the 
     aspects of the topics listed in section 40412 that pertain to 
     issues within the jurisdiction of the Federal courts, and 
     shall prepare materials necessary to implement this 
     subsection.''.
       (2) Section 40422.--Section 40422(2) of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is 
     amended by inserting ``and $500,000 for each of the fiscal 
     years 2001 through 2005'' after ``1996''.
       (c) Technical Amendments to the Equal Justice for Women in 
     the Courts Act of 1994.--
       (1) Ensuring collaboration with domestic violence and 
     sexual assault programs.--Section 40413 of the Equal Justice 
     for Women in the Courts Act of 1994 (42 U.S.C. 13993) is 
     amended by adding ``, including national, State, tribal, and 
     local domestic violence and sexual assault programs and 
     coalitions'' after ``victim advocates''.
       (2) Participation of tribal courts in state training and 
     education programs.--Section 40411 of the Equal Justice for 
     Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended 
     by adding at the end the following: ``Nothing shall preclude 
     the attendance of tribal judges and court personnel at 
     programs funded under this section for States to train judges 
     and court personnel on the laws of the States.''.
       (3) Use of funds for dissemination of model programs.--
     Section 40414 of the Equal

[[Page 21070]]

     Justice for Women in the Courts Act of 1994 (42 U.S.C. 13994) 
     is amended by adding at the end the following:
       ``(c) State Justice Institute.--The State Justice Institute 
     may use up to 5 percent of the funds appropriated under this 
     section for annually compiling and broadly disseminating 
     (including through electronic publication) information about 
     the use of funds and about the projects funded under this 
     section, including any evaluations of the projects and 
     information to enable the replication and adoption of the 
     projects.''.
       (d) Dating Violence.--
       (1) Section 40411.--Section 40411 of the Equal Justice for 
     Women in Courts Act of 1994 (42 U.S.C 13991) is amended by 
     inserting ``dating violence,'' after ``domestic violence,''.
       (2) Section 40412.--Section 40412 of such Act (42 U.S.C 
     13992) is amended--
       (A) in paragraph (10), by inserting ``and dating violence 
     (as defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))'' 
     before the semicolon;
       (B) in paragraph (11), by inserting ``and dating violence'' 
     after ``domestic violence'';
       (C) in paragraph (13), by inserting ``and dating violence'' 
     after ``domestic violence'' in both places that it appears;
       (D) in paragraph (17), by inserting ``or dating violence'' 
     after ``domestic violence'' in both places that it appears; 
     and
       (E) in paragraph (18), by inserting ``and dating violence'' 
     after ``domestic violence''.

     SEC. 1407. DOMESTIC VIOLENCE TASK FORCE

       The Violence Against Women Act of 1994 (108 Stat. 1902 et 
     seq.) (as amended by section 1209(a) of this division) is 
     amended by adding at the end the following:
               ``Subtitle I--Domestic Violence Task Force

     ``SEC. 40901. TASK FORCE.

       ``(a) Establish.--The Attorney General, in consultation 
     with national nonprofit, nongovernmental organizations whose 
     primary expertise is in domestic violence, shall establish a 
     task force to coordinate research on domestic violence and to 
     report to Congress on any overlapping or duplication of 
     efforts on domestic violence issues. The task force shall be 
     comprised of representatives from all Federal agencies that 
     fund such research.
       ``(b) Uses of Funds.--Funds appropriated under this section 
     shall be used to--
       ``(1) develop a coordinated strategy to strengthen research 
     focused on domestic violence education, prevention, and 
     intervention strategies;
       ``(2) track and report all Federal research and 
     expenditures on domestic violence; and
       ``(3) identify gaps and duplication of efforts in domestic 
     violence research and governmental expenditures on domestic 
     violence issues.
       ``(c) Report.--The Task Force shall report to Congress 
     annually on its work under subsection (b).
       ``(d) Definition.--For purposes of this section, the term 
     `domestic violence' has the meaning given such term by 
     section 2003 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg-2(1)).
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000 for 
     each of fiscal years 2001 through 2004.''.
                   TITLE V--BATTERED IMMIGRANT WOMEN

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Battered Immigrant Women 
     Protection Act of 2000''.

     SEC. 1502. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the goal of the immigration protections for battered 
     immigrants included in the Violence Against Women Act of 1994 
     was to remove immigration laws as a barrier that kept 
     battered immigrant women and children locked in abusive 
     relationships;
       (2) providing battered immigrant women and children who 
     were experiencing domestic violence at home with protection 
     against deportation allows them to obtain protection orders 
     against their abusers and frees them to cooperate with law 
     enforcement and prosecutors in criminal cases brought against 
     their abusers and the abusers of their children without 
     fearing that the abuser will retaliate by withdrawing or 
     threatening withdrawal of access to an immigration benefit 
     under the abuser's control; and
       (3) there are several groups of battered immigrant women 
     and children who do not have access to the immigration 
     protections of the Violence Against Women Act of 1994 which 
     means that their abusers are virtually immune from 
     prosecution because their victims can be deported as a result 
     of action by their abusers and the Immigration and 
     Naturalization Service cannot offer them protection no matter 
     how compelling their case under existing law.
       (b) Purposes.--The purposes of this title are--
       (1) to remove barriers to criminal prosecutions of persons 
     who commit acts of battery or extreme cruelty against 
     immigrant women and children; and
       (2) to offer protection against domestic violence occurring 
     in family and intimate relationships that are covered in 
     State and tribal protection orders, domestic violence, and 
     family law statutes.

     SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED 
                   IMMIGRANT WOMEN.

       (a) Intended Spouse Defined.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(50) The term `intended spouse' means any alien who meets 
     the criteria set forth in section 
     204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), 
     or 240A(b)(2)(A)(i)(III).''.
       (b) Immediate Relative Status for Self-Petitioners Married 
     to U.S. Citizens.--
       (1) Self-petitioning spouses.--
       (A) Battery or cruelty to alien or alien's child.--Section 
     204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
       ``(iii)(I) An alien who is described in subclause (II) may 
     file a petition with the Attorney General under this clause 
     for classification of the alien (and any child of the alien) 
     if the alien demonstrates to the Attorney General that--
       ``(aa) the marriage or the intent to marry the United 
     States citizen was entered into in good faith by the alien; 
     and
       ``(bb) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended spouse.
       ``(II) For purposes of subclause (I), an alien described in 
     this subclause is an alien--
       ``(aa)(AA) who is the spouse of a citizen of the United 
     States;
       ``(BB) who believed that he or she had married a citizen of 
     the United States and with whom a marriage ceremony was 
     actually performed and who otherwise meets any applicable 
     requirements under this Act to establish the existence of and 
     bona fides of a marriage, but whose marriage is not 
     legitimate solely because of the bigamy of such citizen of 
     the United States; or
       ``(CC) who was a bona fide spouse of a United States 
     citizen within the past 2 years and--
       ``(aaa) whose spouse died within the past 2 years;
       ``(bbb) whose spouse lost or renounced citizenship status 
     within the past 2 years related to an incident of domestic 
     violence; or
       ``(ccc) who demonstrates a connection between the legal 
     termination of the marriage within the past 2 years and 
     battering or extreme cruelty by the United States citizen 
     spouse;
       ``(bb) who is a person of good moral character;
       ``(cc) who is eligible to be classified as an immediate 
     relative under section 201(b)(2)(A)(i) or who would have been 
     so classified but for the bigamy of the citizen of the United 
     States that the alien intended to marry; and
       ``(dd) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(A)(iv)) is amended to read as follows:
       ``(iv) An alien who is the child of a citizen of the United 
     States, or who was a child of a United States citizen parent 
     who within the past 2 years lost or renounced citizenship 
     status related to an incident of domestic violence, and who 
     is a person of good moral character, who is eligible to be 
     classified as an immediate relative under section 
     201(b)(2)(A)(i), and who resides, or has resided in the past, 
     with the citizen parent may file a petition with the Attorney 
     General under this subparagraph for classification of the 
     alien (and any child of the alien) under such section if the 
     alien demonstrates to the Attorney General that the alien has 
     been battered by or has been the subject of extreme cruelty 
     perpetrated by the alien's citizen parent. For purposes of 
     this clause, residence includes any period of visitation.''.
       (3) Filing of petitions.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
     amended by adding at the end the following:
       ``(v) An alien who--
       ``(I) is the spouse, intended spouse, or child living 
     abroad of a citizen who--
       ``(aa) is an employee of the United States Government;
       ``(bb) is a member of the uniformed services (as defined in 
     section 101(a) of title 10, United States Code); or
       ``(cc) has subjected the alien or the alien's child to 
     battery or extreme cruelty in the United States; and
       ``(II) is eligible to file a petition under clause (iii) or 
     (iv);
     shall file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clause (iii) 
     or (iv), as applicable.''.
       (c) Second Preference Immigration Status for Self-
     Petitioners Married to Lawful Permanent Residents.--
       (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(ii)) is amended to read as follows:
       ``(ii)(I) An alien who is described in subclause (II) may 
     file a petition with the Attorney General under this clause 
     for classification of the alien (and any child of the alien) 
     if such a child has not been classified under clause (iii) of 
     section 203(a)(2)(A) and if the alien demonstrates to the 
     Attorney General that--
       ``(aa) the marriage or the intent to marry the lawful 
     permanent resident was entered into in good faith by the 
     alien; and
       ``(bb) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended spouse.
       ``(II) For purposes of subclause (I), an alien described in 
     this paragraph is an alien--

[[Page 21071]]

       ``(aa)(AA) who is the spouse of a lawful permanent resident 
     of the United States; or
       ``(BB) who believed that he or she had married a lawful 
     permanent resident of the United States and with whom a 
     marriage ceremony was actually performed and who otherwise 
     meets any applicable requirements under this Act to establish 
     the existence of and bona fides of a marriage, but whose 
     marriage is not legitimate solely because of the bigamy of 
     such lawful permanent resident of the United States; or
       ``(CC) who was a bona fide spouse of a lawful permanent 
     resident within the past 2 years and--
       ``(aaa) whose spouse lost status within the past 2 years 
     due to an incident of domestic violence; or
       ``(bbb) who demonstrates a connection between the legal 
     termination of the marriage within the past 2 years and 
     battering or extreme cruelty by the lawful permanent resident 
     spouse;
       ``(bb) who is a person of good moral character;
       ``(cc) who is eligible to be classified as a spouse of an 
     alien lawfully admitted for permanent residence under section 
     203(a)(2)(A) or who would have been so classified but for the 
     bigamy of the lawful permanent resident of the United States 
     that the alien intended to marry; and
       ``(dd) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(iii)) is amended to read as follows:
       ``(iii) An alien who is the child of an alien lawfully 
     admitted for permanent residence, or who was the child of a 
     lawful permanent resident who within the past 2 years lost 
     lawful permanent resident status due to an incident of 
     domestic violence, and who is a person of good moral 
     character, who is eligible for classification under section 
     203(a)(2)(A), and who resides, or has resided in the past, 
     with the alien's permanent resident alien parent may file a 
     petition with the Attorney General under this subparagraph 
     for classification of the alien (and any child of the alien) 
     under such section if the alien demonstrates to the Attorney 
     General that the alien has been battered by or has been the 
     subject of extreme cruelty perpetrated by the alien's 
     permanent resident parent.''.
       (3) Filing of petitions.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
     amended by adding at the end the following:
       ``(iv) An alien who--
       ``(I) is the spouse, intended spouse, or child living 
     abroad of a lawful permanent resident who--
       ``(aa) is an employee of the United States Government;
       ``(bb) is a member of the uniformed services (as defined in 
     section 101(a) of title 10, United States Code); or
       ``(cc) has subjected the alien or the alien's child to 
     battery or extreme cruelty in the United States; and
       ``(II) is eligible to file a petition under clause (ii) or 
     (iii);
     shall file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clause (ii) 
     or (iii), as applicable.''.
       (d) Good Moral Character Determinations for Self-
     Petitioners and Treatment of Child Self-Petitioners and 
     Petitions Including Derivative Children Attaining 21 Years of 
     Age.--Section 204(a)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (E) through (J), respectively;
       (2) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding section 101(f), an act or conviction 
     that is waivable with respect to the petitioner for purposes 
     of a determination of the petitioner's admissibility under 
     section 212(a) or deportability under section 237(a) shall 
     not bar the Attorney General from finding the petitioner to 
     be of good moral character under subparagraph (A)(iii), 
     (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds 
     that the act or conviction was connected to the alien's 
     having been battered or subjected to extreme cruelty.
       ``(D)(i)(I) Any child who attains 21 years of age who has 
     filed a petition under clause (iv) of section 204(a)(1)(A) 
     that was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date assigned to the self-petition 
     filed under clause (iv) of section 204(a)(1)(A). No new 
     petition shall be required to be filed.
       ``(II) Any individual described in subclause (I) is 
     eligible for deferred action and work authorization.
       ``(III) Any derivative child who attains 21 years of age 
     who is included in a petition described in clause (ii) that 
     was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date as that assigned to the 
     petitioner in any petition described in clause (ii). No new 
     petition shall be required to be filed.
       ``(IV) Any individual described in subclause (III) and any 
     derivative child of a petition described in clause (ii) is 
     eligible for deferred action and work authorization.
       ``(ii) The petition referred to in clause (i)(III) is a 
     petition filed by an alien under subparagraph (A)(iii), 
     (A)(iv), (B)(ii) or (B)(iii) in which the child is included 
     as a derivative beneficiary.''; and
       (3) in subparagraph (J) (as so redesignated), by inserting 
     ``or in making determinations under subparagraphs (C) and 
     (D),'' after ``subparagraph (B),''.
       (e) Access to Naturalization for Divorced Victims of 
     Abuse.--Section 319(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1430(a)) is amended--
       (1) by inserting ``, or any person who obtained status as a 
     lawful permanent resident by reason of his or her status as a 
     spouse or child of a United States citizen who battered him 
     or her or subjected him or her to extreme cruelty,'' after 
     ``United States'' the first place such term appears; and
       (2) by inserting ``(except in the case of a person who has 
     been battered or subjected to extreme cruelty by a United 
     States citizen spouse or parent)'' after ``has been living in 
     marital union with the citizen spouse''.

     SEC. 1504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND 
                   SUSPENSION OF DEPORTATION UNDER THE VIOLENCE 
                   AGAINST WOMEN ACT OF 1994.

       (a) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--Section 240A(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is 
     amended to read as follows:
       ``(2) Special rule for battered spouse or child.--
       ``(A) Authority.--The Attorney General may cancel removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien who is inadmissible or 
     deportable from the United States if the alien demonstrates 
     that--
       ``(i)(I) the alien has been battered or subjected to 
     extreme cruelty by a spouse or parent who is or was a United 
     States citizen (or is the parent of a child of a United 
     States citizen and the child has been battered or subjected 
     to extreme cruelty by such citizen parent);
       ``(II) the alien has been battered or subjected to extreme 
     cruelty by a spouse or parent who is or was a lawful 
     permanent resident (or is the parent of a child of an alien 
     who is or was a lawful permanent resident and the child has 
     been battered or subjected to extreme cruelty by such 
     permanent resident parent); or
       ``(III) the alien has been battered or subjected to extreme 
     cruelty by a United States citizen or lawful permanent 
     resident whom the alien intended to marry, but whose marriage 
     is not legitimate because of that United States citizen's or 
     lawful permanent resident's bigamy;
       ``(ii) the alien has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application, and the 
     issuance of a charging document for removal proceedings shall 
     not toll the 3-year period of continuous physical presence in 
     the United States;
       ``(iii) the alien has been a person of good moral character 
     during such period, subject to the provisions of subparagraph 
     (C);
       ``(iv) the alien is not inadmissible under paragraph (2) or 
     (3) of section 212(a), is not deportable under paragraphs 
     (1)(G) or (2) through (4) of section 237(a) (except in a case 
     described in section 237(a)(7) where the Attorney General 
     exercises discretion to grant a waiver), and has not been 
     convicted of an aggravated felony; and
       ``(v) the removal would result in extreme hardship to the 
     alien, the alien's child, or the alien's parent.
       ``(B) Physical presence.--Notwithstanding subsection 
     (d)(2), for purposes of subparagraph (A)(i)(II) or for 
     purposes of section 244(a)(3) (as in effect before the title 
     III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996), 
     an alien shall not be considered to have failed to maintain 
     continuous physical presence by reason of an absence if the 
     alien demonstrates a connection between the absence and the 
     battering or extreme cruelty perpetrated against the alien. 
     No absence or portion of an absence connected to the 
     battering or extreme cruelty shall count toward the 90-day or 
     180-day limits established in subsection (d)(2). If any 
     absence or aggregate absences exceed 180 days, the absences 
     or portions of the absences will not be considered to break 
     the period of continuous presence. Any such period of time 
     excluded from the 180-day limit shall be excluded in 
     computing the time during which the alien has been physically 
     present for purposes of the 3-year requirement set forth in 
     section 240A(b)(2)(B) and section 244(a)(3) (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996).
       ``(C) Good moral character.--Notwithstanding section 
     101(f), an act or conviction that does not bar the Attorney 
     General from granting relief under this paragraph by reason 
     of subparagraph (A)(iv) shall not bar the Attorney General 
     from finding the alien to be of good moral character under 
     subparagraph (A)(i)(III) or section 244(a)(3) (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996), if the Attorney General finds that the act or 
     conviction was connected to the alien's having been battered 
     or subjected to extreme cruelty and determines that a waiver 
     is otherwise warranted.

[[Page 21072]]

       ``(D) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (b) Children of Battered Aliens and Parents of Battered 
     Alien Children.--Section 240A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at 
     the end the following:
       ``(4) Children of battered aliens and parents of battered 
     alien children.--
       ``(A) In general.--The Attorney General shall grant parole 
     under section 212(d)(5) to any alien who is a--
       ``(i) child of an alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996); or
       ``(ii) parent of a child alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996).
       ``(B) Duration of parole.--The grant of parole shall extend 
     from the time of the grant of relief under section 240A(b)(2) 
     or section 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996) to the time 
     the application for adjustment of status filed by aliens 
     covered under this paragraph has been finally adjudicated. 
     Applications for adjustment of status filed by aliens covered 
     under this paragraph shall be treated as if they were 
     applications filed under section 204(a)(1) (A)(iii), (A)(iv), 
     (B)(ii), or (B)(iii) for purposes of section 245 (a) and (c). 
     Failure by the alien granted relief under section 240A(b)(2) 
     or section 244(a)(3) (as in effect before the title III-A 
     effective date in section 309 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996) to exercise 
     due diligence in filing a visa petition on behalf of an alien 
     described in clause (i) or (ii) may result in revocation of 
     parole.''.
       (c) Effective Date.--Any individual who becomes eligible 
     for relief by reason of the enactment of the amendments made 
     by subsections (a) and (b), shall be eligible to file a 
     motion to reopen pursuant to section 240(c)(6)(C)(iv). The 
     amendments made by subsections (a) and (b) shall take effect 
     as if included in the enactment of section 304 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 110 Stat. 587). Such portions of the 
     amendments made by subsection (b) that relate to section 
     244(a)(3) (as in effect before the title III-A effective date 
     in section 309 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996) shall take effect as if 
     included in subtitle G of title IV of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322; 
     108 Stat. 1953 et seq.).

     SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS 
                   OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR 
                   ALL QUALIFIED BATTERED IMMIGRANT SELF-
                   PETITIONERS.

       (a) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(C)(ii)) is amended by adding at the end the 
     following: ``The Attorney General in the Attorney General's 
     discretion may waive the provisions of section 
     212(a)(9)(C)(i) in the case of an alien to whom the Attorney 
     General has granted classification under clause (iii), (iv), 
     or (v) of section 204(a)(1)(A), or classification under 
     clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any 
     case in which there is a connection between--
       ``(1) the alien's having been battered or subjected to 
     extreme cruelty; and
       ``(2) the alien's--
       ``(A) removal;
       ``(B) departure from the United States;
       ``(C) reentry or reentries into the United States; or
       ``(D) attempted reentry into the United States.''.
       (b) Domestic Violence Victim Waiver.--
       (1) Waiver for victims of domestic violence.--Section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)) is amended by inserting at the end the following:
       ``(7) Waiver for victims of domestic violence.--
       ``(A) In general.--The Attorney General is not limited by 
     the criminal court record and may waive the application of 
     paragraph (2)(E)(i) (with respect to crimes of domestic 
     violence and crimes of stalking) and (ii) in the case of an 
     alien who has been battered or subjected to extreme cruelty 
     and who is not and was not the primary perpetrator of 
     violence in the relationship--
       ``(i) upon a determination that--

       ``(I) the alien was acting is self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime--

       ``(aa) that did not result in serious bodily injury; and
       ``(bb) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(B) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 
     amended by inserting ``(except in a case described in section 
     237(a)(7) where the Attorney General exercises discretion to 
     grant a waiver)'' after ``237(a)(3)''.
       (c) Misrepresentation Waivers for Battered Spouses of 
     United States Citizens and Lawful Permanent Residents.--
       (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 
     amended by inserting before the period at the end the 
     following: ``or, in the case of an alien granted 
     classification under clause (iii) or (iv) of section 
     204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), 
     the alien demonstrates extreme hardship to the alien or the 
     alien's United States citizen, lawful permanent resident, or 
     qualified alien parent or child''.
       (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
     amended--
       (A) in clause (i), by inserting ``(I)'' after ``(i)'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by adding after clause (i) the following:
       ``(ii) is an alien who qualifies for classification under 
     clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B).''.
       (d) Battered Immigrant Waiver.--Section 212(g)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by adding ``or'' at the end; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) qualifies for classification under clause (iii) or 
     (iv) of section 204(a)(1)(A) or classification under clause 
     (ii) or (iii) of section 204(a)(1)(B);''.
       (e) Waivers for VAWA Eligible Battered Immigrants.--Section 
     212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1182(h)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' and inserting 
     ``or''; and
       (2) by adding at the end the following:
       ``(C) the alien qualifies for classification under clause 
     (iii) or (iv) of section 204(a)(1)(A) or classification under 
     clause (ii) or (iii) of section 204(a)(1)(B); and''.
       (f) Public Charge.--Section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182) is amended by adding at the 
     end the following:
       ``(p) In determining whether an alien described in 
     subsection (a)(4)(C)(i) is inadmissible under subsection 
     (a)(4) or ineligible to receive an immigrant visa or 
     otherwise to adjust to the status of permanent resident by 
     reason of subsection (a)(4), the consular officer or the 
     Attorney General shall not consider any benefits the alien 
     may have received that were authorized under section 501 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1641(c)).''.
       (g) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives covering, with respect to fiscal 
     year 1997 and each fiscal year thereafter--
       (1) the policy and procedures of the Immigration and 
     Naturalization Service under which an alien who has been 
     battered or subjected to extreme cruelty who is eligible for 
     suspension of deportation or cancellation of removal can 
     request to be placed, and be placed, in deportation or 
     removal proceedings so that such alien may apply for 
     suspension of deportation or cancellation of removal;
       (2) the number of requests filed at each district office 
     under this policy;
       (3) the number of these requests granted reported 
     separately for each district; and
       (4) the average length of time at each Immigration and 
     Naturalization office between the date that an alien who has 
     been subject to battering or extreme cruelty eligible for 
     suspension of deportation or cancellation of removal requests 
     to be placed in deportation or removal proceedings and the 
     date that the immigrant appears before an immigration judge 
     to file an application for suspension of deportation or 
     cancellation of removal.

     SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

       (a) Removing Barriers to Adjustment of Status for Victims 
     of Domestic Violence.--
       (1) Immigration amendments.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended--
       (A) in subsection (a), by inserting ``or the status of any 
     other alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) or'' after ``into the United States.''; and
       (B) in subsection (c), by striking ``Subsection (a) shall 
     not be applicable to'' and inserting the following: ``Other 
     than an alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
     (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), 
     subsection (a) shall not be applicable to''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications for adjustment of status pending 
     on or made on or after January 14, 1998.
       (b) Removing Barriers to Cancellation of Removal and 
     Suspension of Deportation for Victims of Domestic Violence.--

[[Page 21073]]

       (1) Not treating service of notice as terminating 
     continuous period.--Section 240A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
     ``when the alien is served a notice to appear under section 
     239(a) or'' and inserting ``(A) except in the case of an 
     alien who applies for cancellation of removal under 
     subsection (b)(2), when the alien is served a notice to 
     appear under section 239(a), or (B)''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (3) Modification of certain transition rules for battered 
     spouse or child.--Section 309(c)(5)(C) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note) is amended--
       (A) by striking the subparagraph heading and inserting the 
     following:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) in subclause (IV), by striking ``or'' at the end;
       (ii) in subclause (V), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings before April 1, 1997, and who 
     applied for suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of this Act).''.

       (4) Effective date.--The amendments made by paragraph (3) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).
       (c) Eliminating Time Limitations on Motions To Reopen 
     Removal and Deportation Proceedings for Victims of Domestic 
     Violence.--
       (1) Removal proceedings.--
       (A) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--The 
     deadline specified in subsection (b)(5)(C) for filing a 
     motion to reopen does not apply--

       ``(I) if the basis for the motion is to apply for relief 
     under clause (iii) or (iv) of section 204(a)(1)(A), clause 
     (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2);
       ``(II) if the motion is accompanied by a cancellation of 
     removal application to be filed with the Attorney General or 
     by a copy of the self-petition that has been or will be filed 
     with the Immigration and Naturalization Service upon the 
     granting of the motion to reopen; and
       ``(III) if the motion to reopen is filed within 1 year of 
     the entry of the final order of removal, except that the 
     Attorney General may, in the Attorney General's discretion, 
     waive this time limitation in the case of an alien who 
     demonstrates extraordinary circumstances or extreme hardship 
     to the alien's child.''.

       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
       (2) Deportation proceedings.--
       (A) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen or rescind deportation proceedings 
     under the Immigration and Nationality Act (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note)), there is no time limit on the 
     filing of a motion to reopen such proceedings, and the 
     deadline specified in section 242B(c)(3) of the Immigration 
     and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) 
     does not apply--
       (i) if the basis of the motion is to apply for relief under 
     clause (iii) or (iv) of section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
     clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 
     U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as 
     so in effect) (8 U.S.C. 1254(a)(3)); and
       (ii) if the motion is accompanied by a suspension of 
     deportation application to be filed with the Attorney General 
     or by a copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.
       (B) Applicability.--Subparagraph (A) shall apply to motions 
     filed by aliens who--
       (i) are, or were, in deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)); and
       (ii) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or 
     (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 
     1154(a)(1)(B)), or section 244(a)(3) of such Act (as in 
     effect before the title III-A effective date in section 309 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a result 
     of the amendments made by--

       (I) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (II) this title.

     SEC. 1507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE 
                   IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST 
                   WOMEN ACT OF 1994.

       (a) Effect of Changes in Abusers' Citizenship Status on 
     Self-Petition.--
       (1) Reclassification.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
     amended by section 1503(b)(3) of this title) is amended by 
     adding at the end the following:
       ``(vi) For the purposes of any petition filed under clause 
     (iii) or (iv), the denaturalization, loss or renunciation of 
     citizenship, death of the abuser, divorce, or changes to the 
     abuser's citizenship status after filing of the petition 
     shall not adversely affect the approval of the petition, and 
     for approved petitions shall not preclude the classification 
     of the eligible self-petitioning spouse or child as an 
     immediate relative or affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on the approved 
     self-petition under such clauses.''.
       (2) Loss of status.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as 
     amended by section 1503(c)(3) of this title) is amended by 
     adding at the end the following:
       ``(v)(I) For the purposes of any petition filed or approved 
     under clause (ii) or (iii), divorce, or the loss of lawful 
     permanent resident status by a spouse or parent after the 
     filing of a petition under that clause shall not adversely 
     affect approval of the petition, and, for an approved 
     petition, shall not affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on an approved 
     self-petition under clause (ii) or (iii).
       ``(II) Upon the lawful permanent resident spouse or parent 
     becoming or establishing the existence of United States 
     citizenship through naturalization, acquisition of 
     citizenship, or other means, any petition filed with the 
     Immigration and Naturalization Service and pending or 
     approved under clause (ii) or (iii) on behalf of an alien who 
     has been battered or subjected to extreme cruelty shall be 
     deemed reclassified as a petition filed under subparagraph 
     (A) even if the acquisition of citizenship occurs after 
     divorce or termination of parental rights.''.
       (3) Definition of immediate relatives.--Section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
     following: ``For purposes of this clause, an alien who has 
     filed a petition under clause (iii) or (iv) of section 
     204(a)(1)(A) of this Act remains an immediate relative in the 
     event that the United States citizen spouse or parent loses 
     United States citizenship on account of the abuse.''.
       (b) Allowing Remarriage of Battered Immigrants.--Section 
     204(h) of the Immigration and Nationality Act (8 U.S.C. 
     1154(h)) is amended by adding at the end the following: 
     ``Remarriage of an alien whose petition was approved under 
     section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of 
     an alien described in clause (iv) or (vi) of section 
     204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the 
     basis for revocation of a petition approval under section 
     205.''.

     SEC. 1508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION 
                   FOR BATTERED IMMIGRANTS.

       Section 431(c)(1)(B)(iii) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1641(c)(1)(B)(iii)) is amended to read as follows:
       ``(iii) suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 
     1996).''.

     SEC. 1509. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED 
                   IMMIGRANT SPOUSES AND CHILDREN.

       (a) In General.--The last sentence of the first section of 
     Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is 
     amended by striking the period at the end and inserting the 
     following: ``, except that such spouse or child who has been 
     battered or subjected to extreme cruelty may adjust to 
     permanent resident status under this Act without 
     demonstrating that he or she is residing with the Cuban 
     spouse or parent in the United States. In acting on 
     applications under this section with respect to spouses or 
     children who have been battered or subjected to extreme 
     cruelty, the Attorney General shall apply the provisions of 
     section 204(a)(1)(H).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in subtitle G of title IV 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322; 108 Stat. 1953 et seq.).

     SEC. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
                   AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND 
                   CHILDREN.

       (a) Adjustment of Status of Certain Nicaraguan and Cuban 
     Battered Spouses.--Section 202(d) of the Nicaraguan 
     Adjustment and Central American Relief Act (8 U.S.C. 1255 
     note; Public Law 105-100, as amended) is amended--
       (1) in paragraph (1), by striking subparagraph (B) and 
     inserting the following:
       ``(B) the alien--
       ``(i) is the spouse, child, or unmarried son or daughter of 
     an alien whose status is adjusted to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a), except that in the case of such an unmarried son or 
     daughter, the son or daughter shall be required to establish 
     that the son or daughter has been physically present in the 
     United States for a continuous period beginning not later 
     than December

[[Page 21074]]

     1, 1995, and ending not earlier than the date on which the 
     application for adjustment under this subsection is filed; or
       ``(ii) was, at the time at which an alien filed for 
     adjustment under subsection (a), the spouse or child of an 
     alien whose status is adjusted to that of an alien lawfully 
     admitted for permanent residence under subsection (a), and 
     the spouse, child, or child of the spouse has been battered 
     or subjected to extreme cruelty by the alien that filed for 
     adjustment under subsection (a);''; and
       (2) by adding at the end the following:
       ``(3) Procedure.--In acting on an application under this 
     section with respect to a spouse or child who has been 
     battered or subjected to extreme cruelty, the Attorney 
     General shall apply section 204(a)(1)(H).''.
       (b) Cancellation of Removal and Suspension of Deportation 
     Transition Rules for Certain Battered Spouses.--Section 
     309(c)(5)(C) of the Illegal Immigration and Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1101 note) (as amended by section 
     1506(b)(3) of this title) is amended--
       (1) in clause (i)--
       (A) by striking the period at the end of subclause (VI) (as 
     added by section 1506(b)(3) of this title) and inserting ``; 
     or''; and
       (B) by adding at the end the following:

       ``(VII)(aa) was the spouse or child of an alien described 
     in subclause (I), (II), or (V)--

       ``(AA) at the time at which a decision is rendered to 
     suspend the deportation or cancel the removal of the alien;
       ``(BB) at the time at which the alien filed an application 
     for suspension of deportation or cancellation of removal; or
       ``(CC) at the time at which the alien registered for 
     benefits under the settlement agreement in American Baptist 
     Churches, et. al. v. Thornburgh (ABC), applied for temporary 
     protected status, or applied for asylum; and

       ``(bb) the spouse, child, or child of the spouse has been 
     battered or subjected to extreme cruelty by the alien 
     described in subclause (I), (II), or (V).''; and

       (2) by adding at the end the following:
       ``(iii) Consideration of petitions.--In acting on a 
     petition filed under subclause (VII) of clause (i) the 
     provisions set forth in section 204(a)(1)(H) shall apply.
       ``(iv) Residence with spouse or parent not required.--For 
     purposes of the application of clause (i)(VII), a spouse or 
     child shall not be required to demonstrate that he or she is 
     residing with the spouse or parent in the United States.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall be effective as if included in the Nicaraguan 
     Adjustment and Central American Relief Act (8 U.S.C. 1255 
     note; Public Law 105-100, as amended).

     SEC. 1511. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 
                   FOR BATTERED SPOUSES AND CHILDREN.

       (a) In General.--Section 902(d)(1)(B) of the Haitian 
     Refugee Immigration Fairness Act of 1998 (division A of 
     section 101(h) of Public Law 105-277; 112 Stat. 2681-538) is 
     amended to read as follows:
       ``(B)(i) the alien is the spouse, child, or unmarried son 
     or daughter of an alien whose status is adjusted to that of 
     an alien lawfully admitted for permanent residence under 
     subsection (a), except that, in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that the son or daughter has been physically 
     present in the United States for a continuous period 
     beginning not later than December 1, 1995, and ending not 
     earlier than the date on which the application for such 
     adjustment is filed;
       ``(ii) at the time of filing of the application for 
     adjustment under subsection (a), the alien is the spouse or 
     child of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a) and the spouse, child, or child of the spouse 
     has been battered or subjected to extreme cruelty by the 
     individual described in subsection (a); and
       ``(iii) in acting on applications under this section with 
     respect to spouses or children who have been battered or 
     subjected to extreme cruelty, the Attorney General shall 
     apply the provisions of section 204(a)(1)(H).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the Haitian Refugee 
     Immigration Fairness Act of 1998 (division A of section 
     101(h) of Public Law 105-277; 112 Stat. 2681-538).

     SEC. 1512. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR 
                   BATTERED IMMIGRANTS.

       (a) Law Enforcement and Prosecution Grants.--Section 
     2001(b) of part T of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) (as amended by 
     section 1209(c) of this division) is amended by adding at the 
     end the following:
       ``(11) providing assistance to victims of domestic violence 
     and sexual assault in immigration matters.''.
       (b) Grants To Encourage Arrests.--Section 2101(b)(5) of 
     part U of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by 
     inserting before the period the following: ``, including 
     strengthening assistance to such victims in immigration 
     matters''.
       (c) Rural Domestic Violence and Child Abuse Enforcement 
     Grants.--Section 40295(a)(2) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
       ``(2) to provide treatment, counseling, and assistance to 
     victims of domestic violence and child abuse, including in 
     immigration matters; and''.
       (d) Campus Domestic Violence Grants.--Section 826(b)(5) of 
     the Higher Education Amendments of 1998 (Public Law 105-244; 
     20 U.S.C. 1152) is amended by inserting before the period at 
     the end the following: ``, including assistance to victims in 
     immigration matters''.

     SEC. 1513. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING 
                   VICTIMS OF CRIMES AGAINST WOMEN.

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) Immigrant women and children are often targeted to be 
     victims of crimes committed against them in the United 
     States, including rape, torture, kidnaping, trafficking, 
     incest, domestic violence, sexual assault, female genital 
     mutilation, forced prostitution, involuntary servitude, being 
     held hostage or being criminally restrained.
       (B) All women and children who are victims of these crimes 
     committed against them in the United States must be able to 
     report these crimes to law enforcement and fully participate 
     in the investigation of the crimes committed against them and 
     the prosecution of the perpetrators of such crimes.
       (2) Purpose.--
       (A) The purpose of this section is to create a new 
     nonimmigrant visa classification that will strengthen the 
     ability of law enforcement agencies to detect, investigate, 
     and prosecute cases of domestic violence, sexual assault, 
     trafficking of aliens, and other crimes described in section 
     101(a)(15)(U)(iii) of the Immigration and Nationality Act 
     committed against aliens, while offering protection to 
     victims of such offenses in keeping with the humanitarian 
     interests of the United States. This visa will encourage law 
     enforcement officials to better serve immigrant crime victims 
     and to prosecute crimes committed against aliens.
       (B) Creating a new nonimmigrant visa classification will 
     facilitate the reporting of crimes to law enforcement 
     officials by trafficked, exploited, victimized, and abused 
     aliens who are not in lawful immigration status. It also 
     gives law enforcement officials a means to regularize the 
     status of cooperating individuals during investigations or 
     prosecutions. Providing temporary legal status to aliens who 
     have been severely victimized by criminal activity also 
     comports with the humanitarian interests of the United 
     States.
       (C) Finally, this section gives the Attorney General 
     discretion to convert the status of such nonimmigrants to 
     that of permanent residents when doing so is justified on 
     humanitarian grounds, for family unity, or is otherwise in 
     the public interest.
       (b) Establishment of Humanitarian/Material Witness 
     Nonimmigrant Classification.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) (as 
     amended by section 107 of this Act) is amended--
       (1) by striking ``or'' at the end of subparagraph (S);
       (2) by striking the period at the end of subparagraph (T) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(U)(i) subject to section 214(o), an alien who files a 
     petition for status under this subparagraph, if the Attorney 
     General determines that--
       ``(I) the alien has suffered substantial physical or mental 
     abuse as a result of having been a victim of criminal 
     activity described in clause (iii);
       ``(II) the alien (or in the case of an alien child under 
     the age of 16, the parent, guardian, or next friend of the 
     alien) possesses information concerning criminal activity 
     described in clause (iii);
       ``(III) the alien (or in the case of an alien child under 
     the age of 16, the parent, guardian, or next friend of the 
     alien) has been helpful, is being helpful, or is likely to be 
     helpful to a Federal, State, or local law enforcement 
     official, to a Federal, State, or local prosecutor, to a 
     Federal or State judge, to the Service, or to other Federal, 
     State, or local authorities investigating or prosecuting 
     criminal activity described in clause (iii); and
       ``(IV) the criminal activity described in clause (iii) 
     violated the laws of the United States or occurred in the 
     United States (including in Indian country and military 
     installations) or the territories and possessions of the 
     United States;
       ``(ii) if the Attorney General considers it necessary to 
     avoid extreme hardship to the spouse, the child, or, in the 
     case of an alien child, the parent of the alien described in 
     clause (i), the Attorney General may also grant status under 
     this paragraph based upon certification of a government 
     official listed in clause (i)(III) that an investigation or 
     prosecution would be harmed without the assistance of the 
     spouse, the child, or, in the case of an alien child, the 
     parent of the alien; and
       ``(iii) the criminal activity referred to in this clause is 
     that involving one or more of the following or any similar 
     activity in violation of Federal, State, or local criminal 
     law: rape; torture; trafficking; incest; domestic violence; 
     sexual assault; abusive sexual contact; prostitution; sexual 
     exploitation; female genital mutilation; being held hostage; 
     peonage; involuntary servitude; slave trade; kidnapping; 
     abduction; unlawful criminal restraint; false imprisonment; 
     blackmail; extortion; manslaughter; murder; felonious 
     assault; witness tampering; obstruction

[[Page 21075]]

     of justice; perjury; or attempt, conspiracy, or solicitation 
     to commit any of the above mentioned crimes.''.
       (c) Conditions for Admission and Duties of the Attorney 
     General.--Section 214 of such Act (8 U.S.C. 1184) (as amended 
     by section 107 of this Act) is amended by adding at the end 
     the following new subsection:
       ``(o) Requirements Applicable to Section 101(a)(15)(u) 
     Visas.--
       ``(1) Petitioning procedures for section 101(a)(15)(u) 
     visas.--The petition filed by an alien under section 
     101(a)(15)(U)(i) shall contain a certification from a 
     Federal, State, or local law enforcement official, 
     prosecutor, judge, or other Federal, State, or local 
     authority investigating criminal activity described in 
     section 101(a)(15)(U)(iii). This certification may also be 
     provided by an official of the Service whose ability to 
     provide such certification is not limited to information 
     concerning immigration violations. This certification shall 
     state that the alien ``has been helpful, is being helpful, or 
     is likely to be helpful'' in the investigation or prosecution 
     of criminal activity described in section 101(a)(15)(U)(iii).
       ``(2) Numerical limitations.--
       ``(A) The number of aliens who may be issued visas or 
     otherwise provided status as nonimmigrants under section 
     101(a)(15)(U) in any fiscal year shall not exceed 10,000.
       ``(B) The numerical limitations in subparagraph (A) shall 
     only apply to principal aliens described in section 
     101(a)(15)(U)(i), and not to spouses, children, or, in the 
     case of alien children, the alien parents of such children.
       ``(3) Duties of the attorney general with respect to `u' 
     visa nonimmigrants.--With respect to nonimmigrant aliens 
     described in subsection (a)(15)(U)--
       ``(A) the Attorney General and other government officials, 
     where appropriate, shall provide those aliens with referrals 
     to nongovernmental organizations to advise the aliens 
     regarding their options while in the United States and the 
     resources available to them; and
       ``(B) the Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, provide the aliens with employment authorization.
       ``(4) Credible evidence considered.--In acting on any 
     petition filed under this subsection, the consular officer or 
     the Attorney General, as appropriate, shall consider any 
     credible evidence relevant to the petition.
       ``(5) Nonexclusive relief.--Nothing in this subsection 
     limits the ability of aliens who qualify for status under 
     section 101(a)(15)(U) to seek any other immigration benefit 
     or status for which the alien may be eligible.''.
       (d) Prohibition on Adverse Determinations of Admissibility 
     or Deportability.--Section 384(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 is amended--
       (1) by striking ``or'' at the end of paragraph (1)(C);
       (2) by striking the comma at the end of paragraph (1)(D) 
     and inserting ``, or''; and
       (3) by inserting after paragraph (1)(D) the following new 
     subparagraph:
       ``(E) in the case of an alien applying for status under 
     section 101(a)(15)(U) of the Immigration and Nationality Act, 
     the perpetrator of the substantial physical or mental abuse 
     and the criminal activity,''; and
       (4) in paragraph (2), by inserting ``section 
     101(a)(15)(U),'' after ``section 216(c)(4)(C),''.
       (e) Waiver of Grounds of Ineligibility for Admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the following 
     new paragraph:
       ``(13) The Attorney General shall determine whether a 
     ground of inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(U). The Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of subsection (a) (other than paragraph (3)(E)) 
     in the case of a nonimmigrant described in section 
     101(a)(15)(U), if the Attorney General considers it to be in 
     the public or national interest to do so.''.
       (f) Adjustment to Permanent Resident Status.--Section 245 
     of such Act (8 U.S.C. 1255) is amended by adding at the end 
     the following new subsection:
       ``(l)(1) The Attorney General may adjust the status of an 
     alien admitted into the United States (or otherwise provided 
     nonimmigrant status) under section 101(a)(15)(U) to that of 
     an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E), unless the 
     Attorney General determines based on affirmative evidence 
     that the alien unreasonably refused to provide assistance in 
     a criminal investigation or prosecution, if--
       ``(A) the alien has been physically present in the United 
     States for a continuous period of at least 3 years since the 
     date of admission as a nonimmigrant under clause (i) or (ii) 
     of section 101(a)(15)(U); and
       ``(B) in the opinion of the Attorney General, the alien's 
     continued presence in the United States is justified on 
     humanitarian grounds, to ensure family unity, or is otherwise 
     in the public interest.
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days unless the 
     absence is in order to assist in the investigation or 
     prosecution or unless an official involved in the 
     investigation or prosecution certifies that the absence was 
     otherwise justified.
       ``(3) Upon approval of adjustment of status under paragraph 
     (1) of an alien described in section 101(a)(15)(U)(i) the 
     Attorney General may adjust the status of or issue an 
     immigrant visa to a spouse, a child, or, in the case of an 
     alien child, a parent who did not receive a nonimmigrant visa 
     under section 101(a)(15)(U)(ii) if the Attorney General 
     considers the grant of such status or visa necessary to avoid 
     extreme hardship.
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1) or (3), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval.''.
                        TITLE VI--MISCELLANEOUS

     SEC. 1601. NOTICE REQUIREMENTS FOR SEXUALLY VIOLENT 
                   OFFENDERS.

       (a) Short Title.--This section may be cited as the ``Campus 
     Sex Crimes Prevention Act''.
       (b) Notice With Respect to Institutions of Higher 
     Education.--
       (1) In general.--Section 170101 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is 
     amended by adding at the end the following:
       ``(j) Notice of Enrollment at or Employment by Institutions 
     of Higher Education.--
       ``(1) Notice by offenders.--
       ``(A) In general.--In addition to any other requirements of 
     this section, any person who is required to register in a 
     State shall provide notice as required under State law--
       ``(i) of each institution of higher education in that State 
     at which the person is employed, carries on a vocation, or is 
     a student; and
       ``(ii) of each change in enrollment or employment status of 
     such person at an institution of higher education in that 
     State.
       ``(B) Change in status.--A change in status under 
     subparagraph (A)(ii) shall be reported by the person in the 
     manner provided by State law. State procedures shall ensure 
     that the updated information is promptly made available to a 
     law enforcement agency having jurisdiction where such 
     institution is located and entered into the appropriate State 
     records or data system.
       ``(2) State reporting.--State procedures shall ensure that 
     the registration information collected under paragraph (1)--
       ``(A) is promptly made available to a law enforcement 
     agency having jurisdiction where such institution is located; 
     and
       ``(B) entered into the appropriate State records or data 
     system.
       ``(3) Request.--Nothing in this subsection shall require an 
     educational institution to request such information from any 
     State.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 2 years after the date of enactment of this 
     Act.
       (c) Disclosures by Institutions of Higher Education.--
       (1) In general.--Section 485(f)(1) of the Higher Education 
     Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at 
     the end the following:
       ``(I) A statement advising the campus community where law 
     enforcement agency information provided by a State under 
     section 170101(j) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14071(j)), concerning 
     registered sex offenders may be obtained, such as the law 
     enforcement office of the institution, a local law 
     enforcement agency with jurisdiction for the campus, or a 
     computer network address.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 2 years after the date of enactment of this 
     Act.
       (d) Amendment to Family Educational Rights and Privacy Act 
     of 1974.--Section 444(b) of the General Education Provisions 
     Act (20 U.S.C. 1232g(b)), also known as the Family 
     Educational Rights and Privacy Act of 1974, is amended by 
     adding at the end the following:
       ``(7)(A) Nothing in this section may be construed to 
     prohibit an educational institution from disclosing 
     information provided to the institution under section 170101 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14071) concerning registered sex offenders who are 
     required to register under such section.
       ``(B) The Secretary shall take appropriate steps to notify 
     educational institutions that disclosure of information 
     described in subparagraph (A) is permitted.''.

     SEC. 1602. TEEN SUICIDE PREVENTION STUDY.

       (a) Short Title.--This section may be cited as the ``Teen 
     Suicide Prevention Act of 2000''.
       (b) Findings.--Congress finds that--
       (1) measures that increase public awareness of suicide as a 
     preventable public health problem, and target parents and 
     youth so that suicide risks and warning signs can be 
     recognized, will help to eliminate the ignorance and stigma 
     of suicide as barriers to youth and families seeking 
     preventive care;
       (2) suicide prevention efforts in the year 2000 should--
       (A) target at-risk youth, particularly youth with mental 
     health problems, substance abuse problems, or contact with 
     the juvenile justice system;
       (B) involve--
       (i) the identification of the characteristics of the at-
     risk youth and other youth who are contemplating suicide, and 
     barriers to treatment of the youth; and
       (ii) the development of model treatment programs for the 
     youth;
       (C) include a pilot study of the outcomes of treatment for 
     juvenile delinquents with mental health or substance abuse 
     problems;
       (D) include a public education approach to combat the 
     negative effects of the stigma of, and

[[Page 21076]]

     discrimination against individuals with, mental health and 
     substance abuse problems; and
       (E) include a nationwide effort to develop, implement, and 
     evaluate a mental health awareness program for schools, 
     communities, and families;
       (3) although numerous symptoms, diagnoses, traits, 
     characteristics, and psychosocial stressors of suicide have 
     been investigated, no single factor or set of factors has 
     ever come close to predicting suicide with accuracy;
       (4) research of United States youth, such as a 1994 study 
     by Lewinsohn, Rohde, and Seeley, has shown predictors of 
     suicide, such as a history of suicide attempts, current 
     suicidal ideation and depression, a recent attempt or 
     completed suicide by a friend, and low self-esteem; and
       (5) epidemiological data illustrate--
       (A) the trend of suicide at younger ages as well as 
     increases in suicidal ideation among youth in the United 
     States; and
       (B) distinct differences in approaches to suicide by 
     gender, with--
       (i) 3 to 5 times as many females as males attempting 
     suicide; and
       (ii) 3 to 5 times as many males as females completing 
     suicide.
       (c) Purpose.--The purpose of this section is to provide for 
     a study of predictors of suicide among at-risk and other 
     youth, and barriers that prevent the youth from receiving 
     treatment, to facilitate the development of model treatment 
     programs and public education and awareness efforts.
       (d) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall carry out, directly or by grant or contract, a 
     study that is designed to identify--
       (1) the characteristics of at-risk and other youth age 13 
     through 21 who are contemplating suicide;
       (2) the characteristics of at-risk and other youth who are 
     younger than age 13 and are contemplating suicide; and
       (3) the barriers that prevent youth described in paragraphs 
     (1) and (2) from receiving treatment.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.

     SEC. 1603. DECADE OF PAIN CONTROL AND RESEARCH.

       The calendar decade beginning January 1, 2001, is 
     designated as the ``Decade of Pain Control and Research''.
                  DIVISION C--MISCELLANEOUS PROVISIONS

     SEC. 2001. AIMEE'S LAW

       (a) Short Title.--This section may be cited as ``Aimee's 
     Law''.
       (b) Definitions.--In this section:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means any offense under State law for conduct that 
     would constitute an offense under chapter 109A of title 18, 
     United States Code, had the conduct occurred in the special 
     maritime and territorial jurisdiction of the United States or 
     in a Federal prison.
       (2) Murder.--The term ``murder'' has the meaning given the 
     term in part I of the Uniform Crime Reports of the Federal 
     Bureau of Investigation.
       (3) Rape.--The term ``rape'' has the meaning given the term 
     in part I of the Uniform Crime Reports of the Federal Bureau 
     of Investigation.
       (c) Penalty.--
       (1) Single state.--In any case in which a State convicts an 
     individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any one of those offenses in a 
     State described in paragraph (3), the Attorney General shall 
     transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     the individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (2) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any one or more of those 
     offenses in more than one other State described in paragraph 
     (3), the Attorney General shall transfer an amount equal to 
     the costs of incarceration, prosecution, and apprehension of 
     that individual, from Federal law enforcement assistance 
     funds that have been allocated to but not distributed to each 
     State that convicted such individual of the prior offense, to 
     the State account that collects Federal law enforcement 
     assistance funds of the State that convicted that individual 
     of the subsequent offense.
       (3) State described.--A State is described in this 
     paragraph if--
       (A) the average term of imprisonment imposed by the State 
     on individuals convicted of the offense for which the 
     individual described in paragraph (1) or (2), as applicable, 
     was convicted by the State is less than the average term of 
     imprisonment imposed for that offense in all States; or
       (B) with respect to the individual described in paragraph 
     (1) or (2), as applicable, the individual had served less 
     than 85 percent of the term of imprisonment to which that 
     individual was sentenced for the prior offense.

     For purposes of subparagraph (B), in a State that has 
     indeterminate sentencing, the term of imprisonment to which 
     that individual was sentenced for the prior offense shall be 
     based on the lower of the range of sentences.
       (d) State Applications.--In order to receive an amount 
     transferred under subsection (c), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for one of those offenses in another State.
       (e) Source of Funds.--
       (1) In general.--Any amount transferred under subsection 
     (c) shall be derived by reducing the amount of Federal law 
     enforcement assistance funds received by the State that 
     convicted such individual of the prior offense before the 
     distribution of the funds to the State. The Attorney General 
     shall provide the State with an opportunity to select the 
     specific Federal law enforcement assistance funds to be so 
     reduced (other than Federal crime victim assistance funds).
       (2) Payment schedule.--The Attorney General, in 
     consultation with the chief executive of the State that 
     convicted such individual of the prior offense, shall 
     establish a payment schedule.
       (f) Construction.--Nothing in this section may be construed 
     to diminish or otherwise affect any court ordered 
     restitution.
       (g) Exception.--This section does not apply if the 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has been released from prison upon the reversal of a 
     conviction for an offense described in subsection (c) and 
     subsequently been convicted for an offense described in 
     subsection (c).
       (h) Report.--The Attorney General shall--
       (1) conduct a study evaluating the implementation of this 
     section; and
       (2) not later than October 1, 2006, submit to Congress a 
     report on the results of that study.
       (i) Collection of Recidivism Data.--
       (1) In general.--Beginning with calendar year 2002, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (A) the number of convictions during that calendar year 
     for--
       (i) any dangerous sexual offense;
       (ii) rape; and
       (iii) murder; and
       (B) the number of convictions described in subparagraph (A) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that subparagraph.
       (2) Report.--Not later than March 1, 2003, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (A) the information collected under paragraph (1) with 
     respect to each State during the preceding calendar year; and
       (B) the percentage of cases in each State in which an 
     individual convicted of an offense described in paragraph 
     (1)(A) was previously convicted of another such offense in 
     another State during the preceding calendar year.
       (j) Effective Date.--This section shall take effect on 
     January 1, 2002.

     SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Payments.--
       (1) In general.--Subject to subsections (b) and (c), the 
     Secretary of the Treasury shall pay each person described in 
     paragraph (2), at the person's election--
       (A) 110 percent of compensatory damages awarded by judgment 
     of a court on a claim or claims brought by the person under 
     section 1605(a)(7) of title 28, United States Code, plus 
     amounts necessary to pay post-judgment interest under section 
     1961 of such title, and, in the case of a claim or claims 
     against Cuba, amounts awarded as sanctions by judicial order 
     on April 18, 2000 (as corrected on June 2, 2000), subject to 
     final appellate review of that order; or
       (B) 100 percent of the compensatory damages awarded by 
     judgment of a court on a claim or claims brought by the 
     person under section 1605(a)(7) of title 28, United States 
     Code, plus amounts necessary to pay post-judgment interest, 
     as provided in section 1961 of such title, and, in the case 
     of a claim or claims against Cuba, amounts awarded as 
     sanctions by judicial order on April 18, 2000 (as corrected 
     June 2, 2000), subject to final appellate review of that 
     order.

     Payments under this subsection shall be made promptly upon 
     request.
       (2) Persons covered.--A person described in this paragraph 
     is a person who--
       (A)(i) as of July 20, 2000, held a final judgment for a 
     claim or claims brought under section 1605(a)(7) of title 28, 
     United States Code, against Iran or Cuba, or the right to 
     payment of an amount awarded as a judicial sanction with 
     respect to such claim or claims; or
       (ii) filed a suit under such section 1605(a)(7) on February 
     17, 1999, June 7, 1999, January 28, 2000, March 15, 2000, or 
     July 27, 2000;
       (B) relinquishes all claims and rights to compensatory 
     damages and amounts awarded as judicial sanctions under such 
     judgments;
       (C) in the case of payment under paragraph (1)(A), 
     relinquishes all rights and claims to punitive damages 
     awarded in connection with such claim or claims; and
       (D) in the case of payment under paragraph (1)(B), 
     relinquishes all rights to execute against or attach property 
     that is at issue in claims against the United States before 
     an international tribunal, that is the subject of awards 
     rendered by such tribunal, or that is subject to section 
     1610(f)(1)(A) of title 28, United States Code.

[[Page 21077]]

       (b) Funding of Amounts.--
       (1) Judgments against cuba.--For purposes of funding the 
     payments under subsection (a) in the case of judgments and 
     sanctions entered against the Government of Cuba or Cuban 
     entities, the President shall vest and liquidate up to and 
     not exceeding the amount of property of the Government of 
     Cuba and sanctioned entities in the United States or any 
     commonwealth, territory, or possession thereof that has been 
     blocked pursuant to section 5(b) of the Trading with the 
     Enemy Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1701-
     1702), or any other proclamation, order, or regulation issued 
     thereunder. For the purposes of paying amounts for judicial 
     sanctions, payment shall be made from funds or accounts 
     subject to sanctions as of April 18, 2000, or from blocked 
     assets of the Government of Cuba.
       (2) Judgments against iran.--For purposes of funding 
     payments under subsection (a) in the case of judgments 
     against Iran, the Secretary of the Treasury shall make such 
     payments from amounts paid and liquidated from--
       (A) rental proceeds accrued on the date of enactment of 
     this Act from Iranian diplomatic and consular property 
     located in the United States; and
       (B) funds not otherwise made available in an amount not to 
     exceed the total of the amount in the Iran Foreign Military 
     Sales Program account within the Foreign Military Sales Fund 
     on the date of enactment of this Act.
       (c) Subrogation.--Upon payment under subsection (a) with 
     respect to payments in connection with a Foreign Military 
     Sales Program account, the United States shall be fully 
     subrogated, to the extent of the payments, to all rights of 
     the person paid under that subsection against the debtor 
     foreign state. The President shall pursue these subrogated 
     rights as claims or offsets of the United States in 
     appropriate ways, including any negotiation process which 
     precedes the normalization of relations between the foreign 
     state designated as a state sponsor of terrorism and the 
     United States, except that no funds shall be paid to Iran, or 
     released to Iran, from property blocked under the 
     International Emergency Economic Powers Act or from the 
     Foreign Military Sales Fund, until such subrogated claims 
     have been dealt with to the satisfaction of the United 
     States.
       (d) Sense of Congress.--It is the sense of Congress that 
     the President should not normalize relations between the 
     United States and Iran until the claims subrogated have been 
     dealt with to the satisfaction of the United States.
       (e) Reaffirmation of Authority.--Congress reaffirms the 
     President's statutory authority to manage and, where 
     appropriate and consistent with the national interest, vest 
     foreign assets located in the United States for the purposes, 
     among other things, of assisting and, where appropriate, 
     making payments to victims of terrorism.
       (f) Amendments.--(1) Section 1610(f) of title 28, United 
     States Code, is amended--
       (A) in paragraphs (2)(A) and (2)(B)(ii), by striking 
     ``shall'' each place it appears and inserting ``should make 
     every effort to''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Waiver.--The President may waive any provision of 
     paragraph (1) in the interest of national security.''.
       (2) Subsections (b) and (d) of section 117 of the Treasury 
     Department Appropriations Act, 1999 (as contained in section 
     101(h) of Public Law 105-277) are repealed.

     SEC. 2003. AID FOR VICTIMS OF TERRORISM.

       (a) Meeting the Needs of Victims of Terrorism Outside the 
     United States.--
       (1) In general.--Section 1404B(a) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:
       ``(a) Victims of Acts of Terrorism Outside United States.--
       ``(1) In general.--The Director may make supplemental 
     grants as provided in 1402(d)(5) to States, victim service 
     organizations, and public agencies (including Federal, State, 
     or local governments) and nongovernmental organizations that 
     provide assistance to victims of crime, which shall be used 
     to provide emergency relief, including crisis response 
     efforts, assistance, training, and technical assistance, and 
     ongoing assistance, including during any investigation or 
     prosecution, to victims of terrorist acts or mass violence 
     occurring outside the United States who are not persons 
     eligible for compensation under title VIII of the Omnibus 
     Diplomatic Security and Antiterrorism Act of 1986.
       ``(2) Victim defined.--In this subsection, the term 
     `victim'--
       ``(A) means a person who is a national of the United States 
     or an officer or employee of the United States Government who 
     is injured or killed as a result of a terrorist act or mass 
     violence occurring outside the United States; and
       ``(B) in the case of a person described in subparagraph (A) 
     who is less than 18 years of age, incompetent, incapacitated, 
     or deceased, includes a family member or legal guardian of 
     that person.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to allow the Director to make grants to 
     any foreign power (as defined by section 101(a) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801(a)) or to any domestic or foreign organization operated 
     for the purpose of engaging in any significant political or 
     lobbying activities.''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply to any terrorist act or mass violence occurring 
     on or after December 21, 1988, with respect to which an 
     investigation or prosecution was ongoing after April 24, 
     1996.
       (3) Administrative provision.--Not later than 90 days after 
     the date of enactment of this Act, the Director shall 
     establish guidelines under section 1407(a) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the 
     categories of organizations and agencies to which the 
     Director may make grants under this subsection.
       (4) Technical Amendment.--Section 1404B(b) of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by 
     striking ``1404(d)(4)(B)'' and inserting ``1402(d)(5)''.
       (b) Amendments to Emergency Reserve Fund.--
       (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by 
     striking ``$50,000,000'' and inserting ``$100,000,000''.
       (2) Transfer.--Section 1402(e) of the Victims of Crime Act 
     of 1984 (42 U.S.C 10601(e)) is amended by striking ``in 
     excess of $500,000'' and all that follows through ``than 
     $500,000'' and inserting ``shall be available for deposit 
     into the emergency reserve fund referred to in subsection 
     (d)(5) at the discretion of the Director. Any remaining 
     unobligated sums''.
       (c) Compensation to Victims of International Terrorism.--
       (1) In general.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404B the following:

     ``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL 
                   TERRORISM.

       ``(a) Definitions.--In this section:
       ``(1) International terrorism.--The term `international 
     terrorism' has the meaning given the term in section 2331 of 
     title 18, United States Code.
       ``(2) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(3) Victim.--
       ``(A) In general.--The term `victim' means a person who--
       ``(i) suffered direct physical or emotional injury or death 
     as a result of international terrorism occurring on or after 
     December 21, 1988 with respect to which an investigation or 
     prosecution was ongoing after April 24, 1996; and
       ``(ii) as of the date on which the international terrorism 
     occurred, was a national of the United States or an officer 
     or employee of the United States Government.
       ``(B) Incompetent, incapacitated, or deceased victims.--In 
     the case of a victim who is less than 18 years of age, 
     incompetent, incapacitated, or deceased, a family member or 
     legal guardian of the victim may receive the compensation 
     under this section on behalf of the victim.
       ``(C) Exception.--Notwithstanding any other provision of 
     this section, in no event shall an individual who is 
     criminally culpable for the terrorist act or mass violence 
     receive any compensation under this section, either directly 
     or on behalf of a victim.
       ``(b) Award of Compensation.--The Director may use the 
     emergency reserve referred to in section 1402(d)(5)(A) to 
     carry out a program to compensate victims of acts of 
     international terrorism that occur outside the United States 
     for expenses associated with that victimization.
       ``(c) Annual Report.--The Director shall annually submit to 
     Congress a report on the status and activities of the program 
     under this section, which report shall include--
       ``(1) an explanation of the procedures for filing and 
     processing of applications for compensation;
       ``(2) a description of the procedures and policies 
     instituted to promote public awareness about the program;
       ``(3) a complete statistical analysis of the victims 
     assisted under the program, including--
       ``(A) the number of applications for compensation 
     submitted;
       ``(B) the number of applications approved and the amount of 
     each award;
       ``(C) the number of applications denied and the reasons for 
     the denial;
       ``(D) the average length of time to process an application 
     for compensation; and
       ``(E) the number of applications for compensation pending 
     and the estimated future liability of the program; and
       ``(4) an analysis of future program needs and suggested 
     program improvements.''.
       (2) Conforming amendment.--Section 1402(d)(5)(B) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
     amended by inserting ``, to provide compensation to victims 
     of international terrorism under the program under section 
     1404C,'' after ``section 1404B''.
       (d) Amendments to Victims of Crime Fund.--Section 1402(c) 
     of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is 
     amended by adding at the end the following: ``Notwithstanding 
     section 1402(d)(5), all sums deposited in the Fund in any 
     fiscal year that are not made available for obligation by 
     Congress in the subsequent fiscal year shall remain in the 
     Fund for obligation in future fiscal years, without fiscal 
     year limitation.''.

     SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

       (a) Shipment of Intoxicating Liquor in Violation of State 
     Law.--The Act entitled ``An Act divesting intoxicating 
     liquors of their interstate character in certain cases'', 
     approved March 1, 1913 (commonly known as the ``Webb-Kenyon 
     Act'') (27 U.S.C. 122) is amended by adding at the end the 
     following:

     ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

       ``(a) Definitions.--In this section--

[[Page 21078]]

       ``(1) the term `attorney general' means the attorney 
     general or other chief law enforcement officer of a State or 
     the designee thereof;
       ``(2) the term `intoxicating liquor' means any spirituous, 
     vinous, malted, fermented, or other intoxicating liquor of 
     any kind;
       ``(3) the term `person' means any individual and any 
     partnership, corporation, company, firm, society, 
     association, joint stock company, trust, or other entity 
     capable of holding a legal or beneficial interest in 
     property, but does not include a State or agency thereof; and
       ``(4) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any territory or possession of the United States.
       ``(b) Action by State Attorney General.--If the attorney 
     general has reasonable cause to believe that a person is 
     engaged in, or has engaged in, any act that would constitute 
     a violation of a State law regulating the importation or 
     transportation of any intoxicating liquor, the attorney 
     general may bring a civil action in accordance with this 
     section for injunctive relief (including a preliminary or 
     permanent injunction) against the person, as the attorney 
     general determines to be necessary to--
       ``(1) restrain the person from engaging, or continuing to 
     engage, in the violation; and
       ``(2) enforce compliance with the State law.
       ``(c) Federal Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action brought under this 
     section by an attorney general against any person, except one 
     licensed or otherwise authorized to produce, sell, or store 
     intoxicating liquor in such State.
       ``(2) Venue.--An action under this section may be brought 
     only in accordance with section 1391 of title 28, United 
     States Code, or in the district in which the recipient of the 
     intoxicating liquor resides or is found.
       ``(3) Form of relief.--An action under this section is 
     limited to actions seeking injunctive relief (a preliminary 
     and/or permanent injunction).
       ``(4) No right to jury trial.--An action under this section 
     shall be tried before the court.
       ``(d) Requirements for Injunctions and Orders.--
       ``(1) In general.--In any action brought under this 
     section, upon a proper showing by the attorney general of the 
     State, the court may issue a preliminary or permanent 
     injunction to restrain a violation of this section. A proper 
     showing under this paragraph shall require that a State prove 
     by a preponderance of the evidence that a violation of State 
     law as described in subsection (b) has taken place or is 
     taking place.
       ``(2) Additional showing for preliminary injunction.--No 
     preliminary injunction may be granted except upon--
       ``(A) evidence demonstrating the probability of irreparable 
     injury if injunctive relief is not granted; and
       ``(B) evidence supporting the probability of success on the 
     merits.
       ``(3) Notice.--No preliminary or permanent injunction may 
     be issued under paragraph (1) without notice to the adverse 
     party and an opportunity for a hearing.
       ``(4) Form and scope of order.--Any preliminary or 
     permanent injunction entered in an action brought under this 
     section shall--
       ``(A) set forth the reasons for the issuance of the order;
       ``(B) be specific in terms;
       ``(C) describe in reasonable detail, and not by reference 
     to the complaint or other document, the act or acts sought to 
     be restrained; and
       ``(D) be binding upon--
       ``(i) the parties to the action and the officers, agents, 
     employees, and attorneys of those parties; and
       ``(ii) persons in active concert or participation with the 
     parties to the action who receive actual notice of the order 
     by personal service or otherwise.
       ``(5) Admissibility of evidence.--In a hearing on an 
     application for a permanent injunction, any evidence 
     previously received on an application for a preliminary 
     injunction in connection with the same civil action and that 
     would otherwise be admissible, may be made a part of the 
     record of the hearing on the permanent injunction.
       ``(e) Rules of Construction.--This section shall be 
     construed only to extend the jurisdiction of Federal courts 
     in connection with State law that is a valid exercise of 
     power vested in the States--
       ``(1) under the twenty-first article of amendment to the 
     Constitution of the United States as such article of 
     amendment is interpreted by the Supreme Court of the United 
     States including interpretations in conjunction with other 
     provisions of the Constitution of the United States; and
       ``(2) under the first section herein as such section is 
     interpreted by the Supreme Court of the United States; but 
     shall not be construed to grant to States any additional 
     power.
       ``(f) Additional Remedies.--
       ``(1) In general.--A remedy under this section is in 
     addition to any other remedies provided by law.
       ``(2) State court proceedings.--Nothing in this section may 
     be construed to prohibit an authorized State official from 
     proceeding in State court on the basis of an alleged 
     violation of any State law.

     ``SEC. 3. GENERAL PROVISIONS.

       ``(a) Effect on Internet Tax Freedom Act.--Nothing in this 
     section may be construed to modify or supersede the operation 
     of the Internet Tax Freedom Act (47 U.S.C. 151 note).
       ``(b) Inapplicability to Service Providers.--Nothing in 
     this section may be construed to--
       ``(1) authorize any injunction against an interactive 
     computer service (as defined in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)) used by another 
     person to engage in any activity that is subject to this Act;
       ``(2) authorize any injunction against an electronic 
     communication service (as defined in section 2510(15) of 
     title 18, United States Code) used by another person to 
     engage in any activity that is subject to this Act; or
       ``(3) authorize an injunction prohibiting the advertising 
     or marketing of any intoxicating liquor by any person in any 
     case in which such advertising or marketing is lawful in the 
     jurisdiction from which the importation, transportation or 
     other conduct to which this Act applies originates.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall become effective 90 days after the date 
     of this enactment of this Act.
       (c) Study.--The Attorney General shall carry out the study 
     to determine the impact of this section and shall submit the 
     results of such study not later than 180 days after the 
     enactment of this Act.
       Amend the title so as to read: ``An Act to combat 
     trafficking in persons, especially into the sex trade, 
     slavery, and involuntary servitude, to reauthorize certain 
     Federal programs to prevent violence against women, and for 
     other purposes.''.
       And the Senate agree to the same.

     Benjamin Gilman,
     Bill Goodling,
     Chris Smith,
     Henry J. Hyde,
     Nancy L. Johnson,
     Sam Gejdenson,
     Tom Lantos,
     Ben Cardin,
                                Managers on the Part of the House.

     From the Committee on the Judiciary:
     Orrin Hatch,
     Strom Thurmond,

     From the Committee on Foreign Relations:

     Jesse Helms,
     Sam Brownback,
     Joe Biden,
     Paul Wellstone,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3244) an Act to 
     combat trafficking of persons, especially into the sex trade, 
     slavery, and slavery-like conditions, in the United States 
     and countries around the world through prevention, through 
     prosecution and enforcement against traffickers, and through 
     protection and assistance to victims of trafficking, submit 
     the following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       Division A of the conference agreement is the Trafficking 
     Victims Protection Act of 2000, an act to combat trafficking 
     in persons, especially into the sex trade, slavery, and 
     involuntary servitude, in the United States and foreign 
     countries. Division B is the Violence Against Women Act of 
     2000, an act to reauthorize federal programs that combat 
     violence against women, to strengthen law enforcement to 
     reduce violence against women, to strengthen services to 
     victims of violence, to limit the effects of violence on 
     children, to strengthen education and training to combat 
     violence against women, to enact new procedures for the 
     protection of battered immigrant women, and to extend the 
     Violent Crime Reduction Trust Fund. Division C consists of 
     anti-crime measures including provisions to encourage States 
     to incarcerate individuals convicted of murder, rape, or 
     child molestation, to facilitate recovery by victims of 
     terrorism against the assets of foreign entities that have 
     been held responsible for such terrorism; and to provide for 
     injunctive relief in Federal district court to enforce State 
     laws relating to the interstate transportation of 
     intoxicating liquor.

                         Concerning Division A

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3244), an Act to 
     combat trafficking of persons, especially into the sex trade, 
     slavery, and involuntary servitude, in the United States and 
     foreign countries, through prevention, through prosecution 
     and enforcement against traffickers, and through protection 
     and assistance to victims of trafficking, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:


                 Sec. 1. Short Title; Table of contents

       Section 1 of the House bill states that this Act may be 
     cited as the Trafficking Victims Protection Act of 2000 and 
     lists its contents. Section 1 of the Senate amendment is 
     substantially identical to the House provision. The 
     conference agreement provides that this Act may be cited as 
     the Trafficking Victims

[[Page 21079]]

     Protection Act of 2000 and includes a table of contents.


                     Sec. 2. Purposes and findings

       Section 2 of the House bill states that the purposes of 
     this Act are to combat trafficking in persons, to ensure just 
     punishment of traffickers, and to protect their victims. 
     Section 2 of the House bill also includes findings to the 
     effect that every year millions of people, predominantly 
     women and children, are trafficked within or across 
     international borders; that many victims are trafficked into 
     the international sex industry, often through force, fraud, 
     or coercion; that trafficking in persons is not limited to 
     sex trafficking, but often involves forced labor and other 
     violations of human rights; that trafficking is a growing 
     transnational problem that is increasingly perpetrated by 
     organized criminal enterprises; that existing legislation and 
     law enforcement in the United States and abroad are 
     inadequate to deter trafficking, bring traffickers to 
     justice, and meet the safe reintegration needs of trafficking 
     victims; that in some countries, anti-trafficking efforts are 
     hindered by official indifference, corruption, and sometimes 
     even official participation in trafficking; that trafficking 
     in persons is a matter of pressing international concern, and 
     that the United States must work bilaterally and 
     multilaterally to abolish trafficking and protect trafficking 
     victims. The House findings also include references to the 
     Declaration of Independence, the Universal Declaration of 
     Human Rights, and numerous treaties and other international 
     instruments.
       Section 2 of the Senate amendment contains identical 
     purposes and similar findings, with a more succinct set of 
     references to international agreements. Section 2 of the 
     Senate amendment also contains findings to the effect that 
     victims of severe forms of trafficking in persons should not 
     be inappropriately incarcerated, fined, or otherwise 
     penalized, and that existing United States statutes on 
     involuntary servitude have been narrowly construed, in the 
     absence of a definition by Congress, to exclude certain cases 
     in which persons are held in a condition of servitude by 
     nonviolent coercion.
       Section 2 of the conference agreement is substantially 
     identical to section 2 of the Senate amendment.


                          sec. 3. definitions

       Section 3 of the House bill defines certain terms used in 
     this Act. ``Sex trafficking'' is defined as the purchase, 
     sale, recruitment, harboring, transportation, transfer, or 
     receipt of a person for the purpose of a commercial sex act. 
     ``Severe forms of trafficking in persons'' is defined as sex 
     trafficking induced by force, coercion, fraud, or deception, 
     or involving a person under the age of 18, as well as 
     trafficking for the purpose of subjecting the trafficked 
     person to involuntary servitude, slavery, or slavery-like 
     practices by force, coercion, fraud, or deception. ``Slavery-
     life practices'' means inducement of a person to perform 
     labor or other services by force, coercion, or by any scheme, 
     plan, or pattern to cause the person to believe that failure 
     to perform the work will result in the infliction of serious 
     harm, debt bondage amounting to involuntary servitude, or 
     subjection to conditions so harsh or degrading as to provide 
     a clear indication that the person has been subjected to them 
     by force, or coercion. In the context of this bill, ``serious 
     harm'' could include physical restraint that severely limits 
     freedom of movement. ``Coercion,'' as defined, includes the 
     use of force, violence, and physical restraint, as well as 
     acts calculated to have the same effect (such as the credible 
     threat of serious harm). The House provision also defines 
     ``nonhumanitarian foreign assistance'' to include certain 
     assistance under the Foreign Assistance Act of 1961 and the 
     Export-Import Bank Act of 1945.
       Section 3 of the Senate amendment contains definitions 
     similar to those in the House bill, with several exceptions. 
     The Senate provision defines ``debt bondage'' as a condition 
     in which personal services are pledged as security for a debt 
     but in which either reasonable value of such services is not 
     in fact applied to the debt or the length and nature of such 
     services are unlimited or undefined. The Senate definitions 
     do not use the term ``deception'' in the definition of severe 
     forms of trafficking. The Senate provision omits the House 
     definition of ``slavery-like practices'' because this term is 
     not contained elsewhere in the Senate bill. Instead, the 
     Senate provision makes clear that ``involuntary servitude'' 
     includes a condition of servitude induced by means of any 
     act, scheme, plan, or pattern intended to cause a belief that 
     serious harm or physical restraint would otherwise occur, or 
     by the abuse or threatened abuse of the legal process and 
     also includes a definition of ``coercion.'' The Senate 
     provision also includes definitions of ``State'' and ``United 
     States'' which include the District of Columbia and United 
     States territories and possessions. Finally, the Senate omits 
     the definitions of ``act of a severe form of trafficking'' 
     and ``nonhumanitarian foreign assistance'' contained in the 
     House bill.
       Section 3 of the conference agreement is similar to the 
     Senate provision, except that it includes a definition of 
     ``nonhumanitarian, nontrade-related foreign assistance'' 
     similar to the definition contained in the House provision, 
     but excluding assistance under the Export-Import Bank Act of 
     1945 and under title IV of chapter 2 of part I of the Foreign 
     Assistance Act of 1961, relating to the Overseas Private 
     Investment Corporation. The conference agreement also 
     includes a definition of ``coercion'' corresponding to the 
     definition included in 18 U.S.C. sec. 1591, added by section 
     12 of this Act, which provides for a criminal offense of sex 
     trafficking.
       In various sections, the conference agreement uses more 
     general terms such as ``trafficking'' or ``trafficking in 
     persons'' rather than the more limited term ``severe forms of 
     trafficking in persons.'' In such contexts, these terms are 
     intended to be used in a more general sense, giving the 
     President and other officials some degree of discretion to 
     apply the relevant provisions to a broader range of actions 
     or victims beyond those associated with severe forms of 
     trafficking in persons. Such discretion is particularly 
     appropriate in assistance to and protection of victims, 
     because trafficked women and children may have a compelling 
     need for such assistance and protection even though they have 
     not been subjected to severe forms of trafficking. In this 
     connection, the conference agreement includes a definition of 
     ``victims of trafficking'' that would encompass a broader 
     class of victims in certain programs. Where, however, this 
     Act uses the term ``victims of severe forms of trafficking,'' 
     even in provisions related to protection and assistance, the 
     application of such provisions is limited to such victims.


        sec. 4. annual country reports on human rights practices

       Section 4 of the House bill requires the Secretary of State 
     to include in the annual Country Reports a list of foreign 
     countries that are countries of origin, transit, or 
     destination for a significant number of victims of severe 
     forms of trafficking, as well as information such as the 
     extent to which government officials in such countries are 
     involved in such trafficking, and an assessment of the steps 
     governments are taking to combat trafficking and to assist 
     victims of trafficking and protect their rights. Section 4 of 
     the Senate amendment is substantially identical to the House 
     provision, except that it does not require a list of 
     countries and would therefore effectively require information 
     about severe forms of trafficking in persons to be provided 
     in the annual Country Report for each foreign country.
       Section 4 of the conference agreement is similar to the 
     Senate provision except that it amends sections 116(f) and 
     502B of the Foreign Assistance Act of 1961, requiring certain 
     information on trafficking in persons to be provided in the 
     Country Reports. The section as amended will limit the 
     required reporting in the Country Reports to severe forms of 
     trafficking in persons, but gives the Secretary of State 
     discretion to include such other information on trafficking 
     as the Secretary deems appropriate. As with other human 
     rights violations, the extent to which trafficking in persons 
     is discussed in the Country Report for a particular country 
     should be commensurate with the extent of the problem in such 
     country.


    sec. 5. interagency task force to monitor and combat trafficking

       Section 5 of the House bill provides that the President 
     shall establish an Inter-Agency Task Force to Monitor and 
     Combat Trafficking and authorizes the establishment an Office 
     in the State Department to provide assistance to the Task 
     Force. Section 5 of the Senate provision is substantially 
     identical to the House provision, except that it requires the 
     Task Force, beginning in 2002, to publish an annual list of 
     countries which do not meet the minimum standards set forth 
     in section 8, and authorizes interim reports with respect to 
     such countries. Section 5 of the conference agreement is 
     substantially identical to the House provision, although the 
     conference agreement does provide in section 10 for annual 
     and interim reports on countries whose governments do not 
     comply with the minimum standards. It also provides that the 
     Task Force will have primary responsibility for advising the 
     Secretary of State on preparation of the reports in section 
     10.


                   sec. 6. prevention of trafficking

       Section 6 of the House bill charges the President, acting 
     through the Agency for International Development and other 
     agencies and in consultation with appropriate non-
     governmental organizations, with establishing initiatives to 
     enhance economic opportunity for potential trafficking 
     victims as a means of deterring trafficking, such as 
     microcredit lending programs, training, and education. It 
     also directs the President to establish programs to increase 
     public awareness of the dangers of trafficking and the 
     protections available to victims. Section 6 of the of the 
     Senate amendment is substantially identical to section 6 of 
     the House bill. Section 6 of the conference agreement is 
     identical to the Senate provision.


      sec. 7. protection and assistance for victims of trafficking

       Subsection 7(a) of the House bill charges the State 
     Department and the Agency for International Development (AID) 
     with establishing programs and initiatives in foreign 
     countries to assist victims of trafficking.

[[Page 21080]]

     Subsection 7(a) of the Senate amendment is substantially 
     identical to the House provision. Subsection 7(a) of the 
     conference agreement is identical to the Senate provision, 
     except that all authorities are vested in the President.
       Subsection 7(b) of the House bill directs the Attorney 
     General, the Secretaries of Labor and of Health and Human 
     Services, and the Board of Directors of the Legal Services 
     Corporation to expand assistance to victims of severe forms 
     of tafficking in the United States. The provision makes clear 
     that for the purpose of receiving benefits, a ``victim of a 
     severe form of trafficking'' means only a person who has been 
     subjected to such trafficking and who either has not obtained 
     the age of 15 years or is the subject of a certification that 
     he or she (1) is willing to assist in every reasonable way in 
     the investigation and prosecution of severe forms of 
     trafficking in persons, and (2) either has made a bona fide 
     application for a visa under the provisions of immigration 
     law added by section 7(f), or is a person whose presence in 
     the United States the Attorney General is ensuring in order 
     to effectuate prosecution of traffickers. In addition, the 
     section makes victims of severe forms of trafficking in the 
     United States eligible for benefits under the Crime Victims 
     Fund without regard to their immigration status, and allows 
     the Attorney General to make grants to local governments and 
     nonprofit organizations to expand services for victims of 
     trafficking. It also provides trafficking victims a civil 
     right of action against traffickers for violations of 18 
     U.S.C. 1589 (trafficking into slavery-like conditions) or 
     1589A (sex trafficking of children or by force, fraud, or 
     coercion).
       Subsection 7(b) of the Senate amendment is similar to the 
     House provision except that it does not contain the 
     certification requirement as a condition on eligibility for 
     benefits. It also contains no reference to the Crime Victims 
     Fund and does not provide a civil right of action.
       Subsection 7(b) of the conference agreement contains the 
     certification requirement for benefit eligibility. The 
     conference agreement, however, requires a certification only 
     for victims who have attained the age of 18 years. This 
     subsection of the conference agreement is similar to the 
     Senate provision in that it provides no civil right of 
     action. The conferees emphasize that nothing in this Act will 
     preclude trafficking victims from availing themselves of 
     applicable State, local or other Federal laws in seeking 
     compensatory or other damages and relief in any civil 
     proceeding. The House provision making victims eligible for 
     benefits under the Crime Victims Fund has been deleted as 
     unnecessary, because current law does not bar such victims 
     from receiving such benefits on account of their immigration 
     status. The conferees expect that the Office of Victims of 
     Crimes will provide assistance to these victims, even though 
     this provision was deleted. In addition, the conferees 
     believe that in making grants under this section, the 
     Attorney General and other federal officials should consider 
     whether the prospective grantee denies services to a 
     trafficking victim solely on account of conduct incident to 
     that person's status as a victim.
       Subsection 7(c) of the House bill requires the Attorney 
     General and the Secretary of State to promulgate regulations 
     to ensure that: (1) victims of severe forms of trafficking 
     are provided with appropriate shelter and care while in 
     Federal custody; (2) victims are not jailed or fined merely 
     because they were trafficked; (3) victims have access to 
     legal assistance and translation services; (4) victims are 
     assured continuous presence in the United States to assist in 
     the prosecution of traffickers; and (5) State and Justice 
     Department personnel are trained in identifying and 
     protecting victims of severe forms of trafficking.
       Subsection 7(c) of the Senate amendment is similar to the 
     House provision, with to principal exceptions. First, it does 
     not require regulations that explicitly prohibit 
     incarceration, fines, or other penalties against victims on 
     account of their having been trafficked. Instead, it requires 
     regulations that prohibit the detention of victims in 
     facilities inappropriate to their status as crime victims. 
     Second, it requires regulations under which the Attorney 
     General ``may'' ensure the continued presence of a person in 
     the United States in order to effectuate prosecution of 
     traffickers if the person is both a victim and a potential 
     witness.
       Subsection 7(c) of the Senate conference agreement is 
     substantially identical to the Senate provision. The 
     conferees believe that the House provision with respect to 
     jailing, fining, or otherwise penalizing victims of serious 
     crimes on account of their status as crime victims or on 
     account of conduct committed under duress incident to such 
     status restates existing criminal law and is therefore 
     unnecessary. The conferees also believe that training 
     provided to State Department of Justice Department personnel 
     should include methods for achieving antitrafficking 
     objectives through nondiscriminatory application of 
     immigration laws and others laws.
       Subsection 7(d) of the House bill makes clear that nothing 
     in subsection (c) creates a private cause of action against 
     the United States or its employees. Subsection 7(d) of the 
     Senate amendment is identical to the House provision. 
     Subsection 7(d) of the conference agreement is identical to 
     both provisions.
       Subsection 7(e) of the House bill makes funds derived from 
     the sale of assets seized from and forfeited by traffickers 
     (pursuant to section 12(e) of the House bill) available for 
     the victim assistance under subsections (a) and (b). The 
     Senate amendment contains no corresponding provision. The 
     conference agreement is identical to the Senate amendment.
       Section 7(f) of the House bill creates a new nonimmigrant. 
     ``T'' visa for certain victims of severe forms of 
     trafficking. Eligibility would be limited to persons who: (1) 
     are victims of a severe form of trafficking in persons, as 
     defined in section 3 of the act; (2) are in the United States 
     or at a United States port of entry by reasons of having been 
     trafficked here; (3) are no older than 14 years of age or 
     were induced to participate in the sex trade or slavery-like 
     practices by force, coercion, fraud, or deception, did not 
     voluntary agree to any arrangement including such 
     participation, and have complied with any reasonable request 
     for assistance in the investigation or prosecution of 
     trafficking acts; and (4) have a well-founded fear of 
     retribution involving the infliction of severe harm upon 
     removal from the United States or would suffer extreme 
     hardship in connection with the trafficking upon removal from 
     the United States. It also permits the Attorney General to 
     grant a ``T'' visa if necessary to avoid extreme hardship to 
     the victim's spouse, sons and daughters (who are not 
     children), and the parents if the victim is under 21 years 
     old. A victim's children who are unmarried and under 21 years 
     old need not establish extreme hardship to receive a ``T'' 
     visa. It precludes anyone in this section from receiving a 
     ``T'' visa if there is substantial reason to believe that the 
     person has committed an act of a severe form of trafficking 
     in persons. The House provision permits the Attorney General 
     to waive grounds of inadmissibility, including health-related 
     grounds, public charge, and, with the exception of security, 
     international child abduction, and former citizens who 
     renounced citizenship to avoid taxation, any other provision 
     of section 212(a) of the INA if the activities rendering the 
     alien inadmissible were caused by the trafficking. It states 
     that the INS is not prohibited from instituting removal 
     proceedings against an alien admitted with a ``T'' visa for 
     conduct committed after the alien's admission into the United 
     States, or for conduct or a condition that was not disclosed 
     to the Attorney General prior to the alien's admission. The 
     House provision also places an annual cap of 5,000 on ``T'' 
     visas for trafficking victims. Finally, the House provision 
     permits the Attorney General to adjust the status of a ``T'' 
     visa holder to that of a permanent resident if the alien: (1) 
     has been physically present in the United States for a 
     continuous period of at least 3 years since the date of 
     admission; (2) has throughout such period been a person of 
     good moral character; (3) has during such period complied 
     with any reasonable request for assistance in the 
     investigation or prosecution of trafficking acts; and (4) has 
     a well-founded fear of retribution involving the infliction 
     of severe harm upon removal from the United States, or would 
     suffer extreme hardship in connection with the trafficking 
     upon removal from the United States. It also permits the 
     Attorney General to adjust the status of the victim's spouse, 
     parents, and married and unmarried sons and daughters, if 
     admitted with a ``T'' visa, to that of an alien lawfully 
     admitted for permanent residence. An annual cap of 5,000 is 
     placed on adjustments of status for victims. The provision 
     also permits the Attorney General to waive grounds of 
     inadmissibility, including health-related grounds, public 
     charge, and, with the exception of security, international 
     child abduction, and former citizens who renounced 
     citizenship to avoid taxation, any other provision of section 
     212(a) of the INA if the activities rendering the alien 
     inadmissible caused by the trafficking.
       Subsection 7(e) and (f) of the Senate amendment are similar 
     to section 7(f) of the House bill. The Senate provision 
     allows victims who meet all other eligibility requirements 
     for the ``T'' visa to make a showing of ``extreme hardship'' 
     whether or not such hardship is ``in connection with the 
     victimization.'' The Senate provision also makes a victim's 
     spouse and minor children eligible for visas only on a 
     showing that their presence in the United States would be 
     ``necessary to avoid extreme hardship.'' The Senate provision 
     makes a victim's parents eligible for visas only if the 
     victim is under the age 21, and provides no eligibility for a 
     victim's sons and daughters who are not minor children. The 
     Senate provision contained no annual limitation on the number 
     of nonimmigrant visas or on the number of persons eligible to 
     adjust status to permanent residence. The Senate provision 
     allowing to waive grounds of inadmissibility was broader than 
     the House provision, allowing waivers of all grounds except 
     participation in Nazi persecution, genocide, and related 
     grounds.
       Subsection 7(e) and (f) of the conference agreement are 
     similar to the House bill but incorporate elements of the 
     Senate amendment. The conferees believe that an applicant who 
     voluntarily agrees to be smuggled

[[Page 21081]]

     into the United States in exchange for working to pay off the 
     smuggling fee is not eligible for the ``T'' visa, unless the 
     applicant becomes a victim of a severe form of trafficking in 
     persons as defined by the Act. The conference provision 
     requires that a victim would face ``extreme hardship 
     involving unusual and severe harm'' upon removal as an 
     element in establishing eligibility for a visa. The conferees 
     expect that the Immigration and Naturalization Service and 
     the Executive Office for Immigration Review will interpret 
     the ``extreme hardship involving unusual and severe harm'' to 
     be a higher standard than just ``extreme hardship.'' The 
     standard shall cover those cases where a victim likely would 
     face genuine and serious hardship if removed from the United 
     States, whether or not the severe harm is physical harm or on 
     account of having been trafficked. The extreme hardship shall 
     involve more than the normal economic and social disruptions 
     involved in deportation. The conference provision is also 
     similar to the Senate provision in requiring a showing of 
     extreme hardship for the admission of a victim's spouse and 
     minor children and in containing no provision for admission 
     of adult sons and daughters. The conference provision is 
     identical to the House provision with respect to waivers of 
     grounds of inadmissibility.
       The conference agreement limits the number of nonimmigrant 
     visas to 5000 per year and also contains an annual limit of 
     5000 on the number of ``T'' visa holders who are eligible to 
     adjust their status to lawful permanent residence. The 
     conference provision also adds a new subsection (g), 
     directing the Immigration and Naturalization Service to 
     report annually on whether any otherwise eligible applicant 
     has been denied a visa or adjustment of status solely on 
     account of the annual limitation. The conferees expect that 
     this report will list the number of visa and adjustment 
     applications filed, the number of denials for any reason, and 
     the number denied on account of the annual limitation. The 
     conferees believe that the annual limitation of 5000 is 
     sufficient to include all bona fide victims of severe forms 
     of trafficking in persons who meet all other eligibility 
     requirements. If experience should indicate that the number 
     is insufficient to include all such bona fide eligible 
     victims, it would be appropriate for Congress to consider 
     enacting legislation to increase the annual limitation.


      Sec. 8 Minimum standards for the elimination of trafficking

       Section 8 of the House bill establishes minimums standards 
     applicable to governments of countries that are countries of 
     origin, transit, or destination for a significant number of 
     victims of severe forms of trafficking in persons. The 
     section provides that such governments should enact laws that 
     prohibit and severely punish such trafficking and should make 
     serious and sustained efforts to eliminate such trafficking. 
     The section sets forth a number of indicia of such serious 
     and sustained efforts, including vigorous prosecution of 
     offenders, protection of victims, education of the public and 
     of potential victims, and cooperation with international 
     efforts to stop trafficking. Section 8 of the Senate 
     amendment is substantially similar to the House provision. 
     Section 8 of the conference agreement is substantially 
     similar to the House and Senate provisions. The conferees do 
     not expect that a government would be required to fulfill all 
     the criteria in subsection 8(b) in order to be making 
     ``serious and sustained efforts'' to eliminate severe forms 
     of trafficking in persons. Rather, the subsection requires 
     only that the Secretary consider these factors in determining 
     whether the government is making such efforts.


  Sec. 9 Assistance to foreign countries to meeting minimum standards

       Section 9 of the House bill authorizes the Agency for 
     International Development to fund activities designed to help 
     foreign countries meet the minimum standards outlined in 
     section 8(a) of this Act. Such activities include, but are 
     not limited to, assistance in drafting anti-trafficking 
     legislation, training law enforcement and judicial system 
     officials in the investigation and prosecution of trafficking 
     cases, and efforts by foreign governments to assist victims. 
     Section 9 of the Senate amendment is similar to the House 
     provision but makes clear that such activities may be 
     conducted through nongovernmental or multilateral 
     organizations and may include the expansion of exchange 
     programs and international visitor programs. Section 9 of the 
     conference agreement is substantially identical to the Senate 
     provision.


 sec. 10. Actions against governments failing to meet minimum standards

       Section 10 of the House bill requires the Secretary of 
     State to submit to Congress an annual report on the status of 
     severe forms of trafficking, consisting of a list of 
     countries that do not meet the minimum standards set forth in 
     section 8 of the Act, together with such other information as 
     the Secretary may wish to provide. The section provides that 
     the Secretary may also file interim reports. Beginning in FY 
     2002, the section requires that for each government that 
     fails to meet the minimum standards, the President ``shall'' 
     either (a) withhold nonhumanitarian U.S. foreign assistance 
     to that government and direct that the U.S. executive 
     directors of multilateral lending instutions vote against 
     nonhumanitarian assistance to that government during the 
     following fiscal year; or (b) waive these requirements if the 
     President finds that the provision of nonhumanitarian 
     assistance to that country is in the national interest of the 
     United States.
       Section 10 of the Senate amendment provides that, with 
     respect to each country that does not meet the minimum 
     standards set forth in section 8, the President ``may'' take 
     any of a number of actions, including withholding foreign 
     assistance, instructing the U.S. executive directors of 
     multilateral lending institutions to vote against loans or 
     assistance to such countries, prohibiting arms sales, and 
     restricting exports to such countries.
       Section 10 of the conference agreement is similar to the 
     Senate provision with respect to countries whose governments 
     do not comply with the minimum standards but are making 
     significant efforts to bring themselves into compliance, in 
     that is contains no provision for actions against such 
     countries, thereby leaving the President free to take no 
     action or to take any action that is within the President's 
     discretion under current law. This section of the conference 
     agreement is similar to the House provision only with respect 
     to countries whose governments not only fail to comply with 
     the minimum standards, but also fail to make significant 
     efforts to comply with such standards. With respect to this 
     small number of truly egregious offenders, the conference 
     agreement contains a provision similar to the House bill, but 
     with the following additional limitations: (1) The 
     requirement that the President either withhold assistance to 
     the foreign government or waive the withholding requirement 
     is limited to assistance which is ``nonhumanitarian'' and 
     also ``nontrade-related.'' (2) Similarly, the provision with 
     respect to international financial institutions is limited to 
     non-humanitarian, nontrade-related loans and other 
     utilizations of funds. For the purposes of this provision, 
     the conferees consider humanitarian assistance to include 
     debt relief extended by international financial institutions 
     to governments in order to allow such governments to meet the 
     basic needs of the people of their countries. (3) The 
     President may waive these requirements if a waiver would 
     promote the purposes of this Act, such as in a case in which 
     the President believes providing assistance will cause the 
     offending government to attempt to comply with the minimums 
     standards. (4) The President may also waive the requirements 
     if for any other reason he believes a waiver to be in the 
     national interest. (5) The President may use the waiver 
     authority with respect to all assistance and extensions of 
     credit to a government or with respect to any subset of such 
     assistance or extensions of credit. (6) The President must 
     use the waiver authority as necessary to avoid substantial 
     adverse impact on vulnerable populations including women and 
     children. (7) In lieu of notifying Congress that aid will be 
     withdrawn or that one of the waiver authorities granted by 
     this section will be used, the President may notify Congress 
     that the government of a country is already subject to broad-
     based reductions in assistance due to human rights violations 
     and that no additional measures are deemed appropriate. 
     Finally, (8) the requirement will not go into effect until 
     2003. The three-year delay in implementation of this 
     provision is intended to give foreign governments time to 
     begin making efforts to comply with the minimum standards. 
     The conferees emphasize that the provisions of this Act 
     clearly require that in assessing the records of foreign 
     governments with respect to the minimum standards for the 
     elimination of trafficking, the President and other executive 
     branch officials must not limit their scrutiny to the 
     governments of countries of origin for victims of severe 
     forms of trafficking in persons, but must apply equally close 
     scrutiny to the governments of transit countries and 
     countries of destination for such victims.


      sec. 11. actions against significant traffickers in persons

       Section 11 of the House bill authorizes the Secretary of 
     State to compile and publish a list of foreign persons who 
     have a significant role in a severe form of trafficking in 
     persons, directly or indirectly in the United States, who 
     materially support such persons, or who are owned or 
     controlled by such persons. It allows the President to impose 
     International Emergency Economic Power Acts (IEEPA) 
     sanctions, including the freezing of assets located in the 
     United States, without regard to section 202 of such Act 
     against any foreign person on that list, and requires that 
     the President report to Congress on any such sanctions. It 
     also allows for the non-disclosure of persons on the list for 
     intelligence and law enforcement reasons, and requires that 
     Congress be notified of such exclusions on an annual basis. 
     Subsection 11(e) excludes significant traffickers, persons 
     who knowingly assist them, and their spouses, sons, and 
     daughters who knowingly benefit from the proceeds of their 
     trafficking activities,

[[Page 21082]]

     from entry into the United States. This approach is similar 
     to that adopted by the Foreign Narcotics Kingpin Designation 
     Act, enacted in Title VIII of the Intelligence Authorization 
     Act of 2000, P.L. 106-120.
       Section 11 of the Senate amendment is similar to the House 
     provision in that it provides authority to the President to 
     block assets and transactions of foreign persons who were 
     traffickers in persons and foreign persons who materially 
     assist or are owned, controlled or directed by such persons. 
     The House bill and the Senate amendment also include similar 
     provisions for compiling lists of such persons and for 
     reporting on what persons were subject to the authority to 
     block assets and transactions. Finally, the Senate section 
     also includes a provision similar to the House amendment to 
     the Immigration and Nationality Act making inadmissible 
     persons subject to blocking under section 11 as well as 
     spouses, sons and daughters who had obtained financial 
     benefit from such persons and who knew or should have known 
     that the financial benefit was the product of trafficking in 
     persons.
       Section 11 of the conference agreement is similar in 
     substance to the House and Senate provisions. The conferees 
     determined that in light of the discretionary character of 
     both proposals, a streamlined provision for designating and 
     reporting on persons subject to the section was warranted, 
     with all authority vested in the President rather than in 
     other executive branch officials. A provision was added 
     explicitly providing the President authority to delegate any 
     responsibility. While the provision explicitly refers to the 
     authority to make derivative designations, the conferees 
     intend that any authority or responsibility in this section 
     may be delegated. The conferees expect that a substantial 
     part of this authority will be delegated to the Secretary of 
     the Treasury, since the Office of Foreign Assets Control 
     within the Department of the Treasury is responsible for 
     administering other blocking programs. However, the conferees 
     also expect that the delegation of authority under section 11 
     or regulations promulgated to implement this section will 
     ensure that appropriate agencies such as the Departments of 
     State and Justice are involved in the designation process 
     contemplated under this section.
       The conferees remain concerned regarding administrative 
     actions that may seriously affect the livelihood of persons 
     subject to such actions but that are not subject to a hearing 
     prior to their application. The conferees have been assured 
     that blocking authority of this type is generally exercised 
     only on persons who have most of their assets abroad, and the 
     chief effect of blocking orders is to prohibit U.S. persons 
     from engaging in transactions with such persons. While this 
     assurance decreases the concern of the conferees that the 
     provisions may inadvertently be used against an innocent 
     person who would then be unable to use any of his or her 
     assets to live during a challenge to a determination, the 
     conferees included a provision requiring the agency 
     administering this section to provide an expedited process 
     for hearing from any person subject to this section, 
     including any designation made directly by the President. It 
     also provides that nothing in this section precludes judicial 
     review of determinations under this section. The conferees 
     recognize, however, that courts will give significant 
     deference to a foreign policy determination of the President, 
     which would be basis for making determinations under this 
     section.
       Finally, several of the conferees raised concerns regarding 
     the provision making certain spouses and children of 
     traffickers inadmissible. In order to address these concerns, 
     the conference agreement contains an exception for sons and 
     daughters who were minor children at the time they received a 
     benefit from trafficking enterprises.


    sec. 12. strengthening prosecution and punishment of traffickers

       Section 12 of the House bill amends chapter 77 of title 18 
     of the United States Code to increase penalties for 
     involuntary servitude and other existing crimes, adds several 
     new criminal violations in the areas of trafficking in 
     persons, and amends the sentencing guidelines related to 
     these crimes. Subsection (a) increases the penalties for 
     involuntary servitude, peonage and other existing crimes from 
     10 years to 20 years and provides for life imprisonment if 
     the violation includes kidnaping, aggravated sexual abuse or 
     an attempt to kill. Subsection (a) also adds several new 
     crimes to title 18. Section 1589 creates a new crime of 
     forced labor for persons who knowingly provide or obtain the 
     labor or services of a person by threats of serious harm to, 
     or physical restraint against that person or another; by use 
     of fraud, deceit or misrepresentation if the person is a 
     minor, mentally disabled, or otherwise particularly 
     susceptible to undue influence; by the means of any scheme, 
     plan or pattern intended to cause the person to believe that 
     if the person did not perform such labor or services, serious 
     harm or physical restraint would be inflicted on that person 
     or another; or by means of the abuse or threatened abuse of 
     law or the legal process. New section 1590 would criminalize 
     trafficking of any person in violation of Chapter 77 of title 
     18, including by those who benefit financially or otherwise 
     by such trafficking. New Section 1591 creates a crime for 
     trafficking persons into a criminal sex act by coercion, 
     fraud, deceit, misrepresentation or other abusive practices, 
     as defined in this section. Subsection (a) also establishes a 
     crime for unlawful conduct with respect to documents in 
     furtherance of trafficking, peonage, slavery, involuntary 
     servitude or forced labor, and provides for mandatory 
     restitution to victims of offenses under chapter 77 of title 
     18. A new subsection 1594 provides general provisions 
     ensuring that attempts and conspiracy of certain crimes in 
     chapter 77 are treated in the same manner as a completed 
     violation and provides for asset forfeiture and witness 
     protection. Finally, section 12(b) provides amendments to 
     U.S. sentencing guidelines regarding crimes contained in the 
     amended chapter 77 of title 18.
       Section 12 of the Senate amendment is similar to the House 
     bill, but with certain important differences. Rather than add 
     a new section 1589, the Senate amendment provides a 
     definition of involuntary servitude in section 1584 to 
     include a condition of servitude induced by means of any act, 
     scheme, plan, or pattern intended to cause a person to 
     believe that the person or another person would suffer 
     serious harm or physical restraint or the abuse or threatened 
     abuse of the legal process. The Senate amendment also 
     provides for new crimes for trafficking with respect to 
     peonage, slavery or involuntary servitude, but does not 
     extend the criminal misconduct to persons who benefit 
     financially or otherwise from trafficking. The Senate 
     amendment provides for a new section of title 18 of the 
     United States Code for sex trafficking, but limits it to 
     cases of force, fraud, or coercion, as defined in that 
     section. The Senate amendment also includes new sections 
     relating to unlawful conduct with respect to documents in 
     furtherance of trafficking and other crimes, and likewise has 
     provisions identical to the House bill on mandatory 
     restitution. Finally, the Senate amendment provides general 
     provisions regarding asset forfeiture, witness protection and 
     amendments to U.S. sentencing guidelines.
       Section 12 of the conference agreement is substantially 
     similar to the House provision, but incorporates a number of 
     provisions contained in the Senate amendment. In order to 
     address issues raised by the decision of the United States 
     Supreme Court in United States v. Kozminski, 487 U.S. 931 
     (1988), the agreement creates a new section 1589 on forced 
     labor in form similar to the House bill. The agreement does 
     not contain a provision included in the House bill addressing 
     fraud or deception to obtain labor or services of minors, 
     mentally incompetent persons, or persons otherwise 
     particularly susceptible. In deleting these provisions, the 
     conferees addressed the concerns of some members of the 
     conference that the similar House bill provision might have 
     criminalized conduct that is currently regulated by labor 
     law. However, the conferees are aware that the Department of 
     Justice may seek additional statutory changes in future years 
     to further address the issues raised in Kozminski, as courts 
     and prosecutors develop experience with the new crimes 
     created by this Act.
       Section 1589 is intended to address the increasingly subtle 
     methods of traffickers who place their victims in modern-day 
     slavery, such as where traffickers threaten harm to third 
     persons, restrain their victims without physical violence or 
     injury, or threaten dire consequences by means other than 
     overt violence. Section 1589 will provide federal prosecutors 
     with the tools to combat severe forms of worker exploitation 
     that do not rise to the level of involuntary servitude as 
     defined in Kozminski. Because provisions within section 1589 
     only require a showing of a threat of ``serious harm,'' or of 
     a scheme, plan, or pattern intended to cause a person to 
     believe that such harm would occur, federal prosecutors will 
     not have to demonstrate physical harm or threats of force 
     against victims. The term ``serious harm'' as used in this 
     Act refers to a broad array of harms, including both physical 
     and nonphysical, and section 1589's terms and provisions are 
     intended to be construed with respect to the individual 
     circumstances of victims that are relevant in determining 
     whether a particular type or certain degree of harm or 
     coercion is sufficient to maintain or obtain a victim's labor 
     or services, including the age and background of the victims.
       For example, it is intended that prosecutors will be able 
     to bring more cases in which individuals have been trafficked 
     into domestic service, an increasingly common occurrence, not 
     only where such victims are kept in service through overt 
     beatings, but also where the traffickers use more subtle 
     means designed to cause their victims to believe that serious 
     harm will result to themselves or others if they leave, as 
     when a nanny is led to believe that children in her care will 
     be harmed if she leaves the home. In other cases, a scheme, 
     plan, or pattern intended to cause a belief of serious harm 
     may refer to intentionally causing the victim to believe that 
     her family will face harms such as banishment, starvation, or 
     bankruptcy in their home country. Section 1589 will in 
     certain instances permit prosecutions where children are 
     brought to the United States and face extreme nonviolent and 
     psychological coercion (e.g. isolation, denial of sleep, and 
     other punishments). A claim by an adult of a

[[Page 21083]]

     false legal relationship with a child in order to put the 
     child in a condition of servitude may constitute a scheme, 
     plan or pattern that violates the statute, if there is a 
     showing that such a scheme was intended to create the belief 
     that the victim or some other person would suffer serious 
     harm.
       The conference agreement also includes new section 1590 for 
     the crime of trafficking with respect to peonage, slavery, 
     involuntary servitude, or forced labor. The conferees adopted 
     the approach of the Senate bill with respect to this new 
     crime and agreed not to extend it to persons who benefit 
     financially or otherwise from the trafficking out of a 
     concern that such a provision might include within its scope 
     persons, such as stockholders in large companies, who have an 
     attenuated financial interest in a legitimate business where 
     a few employees might act in violation of the new statute. 
     The conference agreement also creates new section 1591 
     punishing sex trafficking, which is similar to comparable 
     provisions in both the House bill and the Senate amendment. 
     Also, the conference agreement creates new section 1592, 
     which punishes wrongful conduct with respect to immigration 
     and identification documents in the course of a violation of 
     one of several provisions of chapter 77 of title 18, when 
     such conduct is engaged in with the intent to violate one of 
     the sections, or when such conduct is for the purpose of 
     preventing or restricting, without lawful authority, a 
     person's liberty to move or travel in interstate or foreign 
     commerce, or to maintain the labor or services of another, 
     knowing that such person is a victim of severe forms of 
     trafficking, as defined by section 3 of this Act. This 
     revision is intended to address, in part, cases where one of 
     the other crimes of chapter 77 is not completed, but where 
     there is evidence that a trafficker intended to commit such a 
     crime and withheld or destroyed immigration or identification 
     documents for the purpose of preventing the trafficking 
     victim from escaping. Finally, the conference agreement 
     contains provisions similar to the Senate bill regarding 
     mandatory restitution, general provisions, and sentencing 
     guidelines.


                sec. 13. authorization of appropriations

       Section 13 of the House bill authorizes a total of $94.5 
     million ($31.5 million for FY2000, $63 million for FY01) in 
     the following categories: (a) Interagency Task Force: $1.5 
     million for fiscal year 2000, $3 million for fiscal year 
     2001; (b) Health and Human Services for victim assistance in 
     the United States: $5 million for fiscal year 2000, $10 
     million for fiscal year 2001; (c) Department of State for 
     foreign victim assistance: $5 million for fiscal year 2000, 
     $10 million for fiscal year 2001; (d) The Attorney General 
     for victim assistance in the United States: $5 million for 
     fiscal year 2000, $10 million for fiscal year 2001; (e) The 
     President for (1) foreign victim assistance: $5 million for 
     fiscal year 2000, $10 million for fiscal year 2001, and (2) 
     assistance to help countries meet minimum trafficking 
     standards: $5 million for fiscal year 2000, $10 million for 
     fiscal year 2001; and (f) Department of Labor for victim 
     assistance in the United States: $5 million for fiscal year 
     2000, $10 million for fiscal year 2001.
       Section 13 of the Senate bill is similar to the House 
     provision, except that it authorizes funding for fiscal years 
     2001 and 2002. It also authorizes $300,000 in fiscal year 
     2001 for a voluntary contribution to the Organization for 
     Security and Co-operation in Europe and such sums as may be 
     necessary to include the additional information required by 
     section 4 in the annual Country Reports on Human Rights 
     Practices.
       Section 13 of the conference agreement is substantially 
     identical to the Senate provision.

     Concerning Division B, the Violence Against Women Act of 2000

       The Violence Against Women Act of 2000 accomplishes two 
     basic things:
       First, the bill reauthorizes through Fiscal Year 2005 the 
     key programs included in the original Violence Against Women 
     Act, such as the STOP, Pro-Arrest, Rural Domestic Violence 
     and Child Abuse Enforcement, and campus grants; battered 
     women's shelters; the National Domestic Violence Hotline; 
     rape prevention and education grant programs; and three 
     victims of child abuse programs, including the court-
     appointed special advocate program (CASA).
       Second, the Violence Against Women Act of 2000 makes some 
     targeted improvements that our experience with the original 
     Act has shown to be necessary, such as--
       (1) Authorizing grants for legal assistance for victims of 
     domestic violence, stalking, and sexual assault;
       (2) Providing funding for transitional housing assistance;
       (3) Improving full faith and credit enforcement and 
     computerized tracking of protection orders;
       (4) Strengthening and refining the protections for battered 
     immigrant women;
       (5) Authorizing grants for supervised visitation and safe 
     visitation exchange of children between parents in situations 
     involving domestic violence, child abuse, sexual assault, or 
     stalking; and
       (6) Expanding several of the key grant programs to cover 
     violence that arises in dating relationships.
       We append to this joint statement a section by section 
     analysis of the bill and a more detailed section by section 
     analysis of the provisions contained in Title V, which 
     addresses the plight of battered immigrant women.

           Division B--The Violence Against Women Act of 2000


                       section-by-section summary

     Sec. 1001. Short Title
       Names this division the Violence Against Women Act of 2000.
     Sec. 1002. Definitions
       Restates the definitions ``domestic violence'' and ``sexual 
     assault'' as currently defined in the STOP grant program.
     Sec. 1003. Accountability and Oversight
       Requires the Attorney General or Secretary of Health and 
     Human Services, as applicable, to require grantees under any 
     program authorized or reauthorized by this division to report 
     on the effectiveness of the activities carried out. Requires 
     the Attorney General or Secretary, as applicable, to report 
     biennially to the Senate and House Judiciary Committees on 
     these grant programs.

Title I--Strengthening Law Enforcement To Reduce Violence Against Women

     Sec. 1101. Improving Full Faith and Credit Enforcement of 
         Protection Orders
       Helps states and tribal courts improve interstate 
     enforcement of protection orders as required by the original 
     Violence Against Women Act of 1994. Renames Pro-Arrest Grants 
     to expressly include enforcement of protection orders as a 
     focus for grant program funds, adds as a grant purpose 
     technical assistance and use of computer and other equipment 
     for enforcing orders; instructs the Department of Justice to 
     identify and make available information on promising order 
     enforcement practices; adds as a funding priority the 
     development and enhancement of data collection and sharing 
     systems to promote enforcement of protection orders.
       Amends the full faith and credit provision in the original 
     Act to prohibit requiring registration as a prerequisite to 
     enforcement of out-of-state orders and to prohibit 
     notification of a batterer without the victim's consent when 
     an out-of-state order is registered in a new jurisdiction. 
     Requires recipients of STOP and Pro-Arrest grant funds, as a 
     condition of funding, to facilitate filing and service of 
     protection orders without cost to the victim in both civil 
     and criminal cases.
       Clarifies that tribal courts have full civil jurisdiction 
     to enforce protection orders in matters arising within the 
     authority of the tribe.
     Sec. 1102. Enhancing the Role of Courts in Combating Violence 
         Against Women
       Engages state courts in fighting violence against women by 
     targeting funds to be used by the courts for the training and 
     education of court personnel, technical assistance, and 
     technological improvements. Amends STOP and Pro-Arrest grants 
     to make state and local courts expressly eligible for funding 
     and dedicates 5 percent of states' STOP grants for courts.
     Sec. 1103. STOP Grants Reauthorization
       Reauthorizes through 2005 this vital state formula grant 
     program that has succeeded in bringing police and prosecutors 
     in close collaboration with victim services providers into 
     the fight to end violence against women. (``STOP'' means 
     ``Services and Training for Officers and Prosecutors.'') 
     Preserves the original Act's allocations of states' STOP 
     grant funds of 25 percent to police and 25 percent to 
     prosecutors, but increases grants to victim services to 30 
     percent (from 25 percent), in addition to the 5 percent 
     allocated to state, tribal, and local courts.
       Sets aside five percent of total funds available for State 
     and tribal domestic violence and sexual assault coalitions 
     and increases the allocation for Indian tribes to 5 percent 
     (up from 4 percent in the original Act).
       Amends the definition of ``underserved populations'' and 
     adds additional purpose areas for which grants may be used.
       Authorization level is $185 million/year (FY 2000 
     appropriation was $206.75 million (including a $28 million 
     earmark for civil legal assistance)).
     Sec. 1104. Pro-Arrest Grants Reauthorization
       Extends this discretionary grant program through 2005 to 
     develop and strengthen programs and policies that mandate and 
     encourage police officers to arrest abusers who commit acts 
     of violence or violate protection orders.
       Sets aside 5 percent of total amounts available for grants 
     to Indian tribal governments.
       Authorization level is $65 million/year (FY 2000 
     appropriation was $34 million).
     Sec. 1105. Rural Domestic Violence and Child Abuse 
         Enforcement Grants Reauthorization
       Extends through 2005 these direct grant programs that help 
     states and local governments focus on problems particular to 
     rural areas.
       Sets aside 5 percent of total amounts available for grants 
     to Indian tribal governments.
       Authorization level is $40 million/year (FY 2000 
     appropriation was $25 million.

[[Page 21084]]


     Sec. 1106. National Stalker and Domestic Violence Reduction 
         Grants Reauthorization
       Extends through 2005 this grant program to assist states 
     and local governments in improving databases for stalking and 
     domestic violence.
       Authorization level is $3 million/year (FY 1998 
     appropriation was $2.75 million).
     Sec. 1107. Clarify Enforcement to End Interstate Battery/
         Stalking
       Clarifies federal jurisdiction to ensure reach to persons 
     crossing United States borders as well as crossing state 
     lines by use of ``interstate or foreign commerce language.'' 
     Clarifies federal jurisdiction to ensure reach to battery or 
     violation of specified portions of a protection order before 
     travel to facilitate the interstate movement of the victim. 
     Makes the nature of the ``harm'' required for domestic 
     violence, stalking, and interstate travel offenses consistent 
     by removing the requirement that the victim suffer actual 
     physical harm from those offenses that previously had 
     required such injury.
       Resolves several inconsistencies between the protection 
     order offense involving interstate travel of the offender, 
     and the protection order offense involving interstate travel 
     of the victim.
       Revises the definition of ``protection order'' to clarify 
     that support or child custody orders are entitled to full 
     faith and credit to the extent provided under other Federal 
     law--namely, the Parental Kidnaping Prevention Act of 1980, 
     as amended.
       Extends the interstate stalking prohibition to cover 
     interstate ``cyber-stalking'' that occurs by use of the mail 
     or any facility of interstate or foreign commerce, such as by 
     telephone or by computer connected to the Internet.
     Sec. 1108. School and Campus Security
       Extends the authorization through 2005 for the grant 
     program established in the Higher Education Amendments of 
     1998 and administered by the Justice Department for grants 
     for on-campus security, education, training, and victim 
     services to combat violence against women on college 
     campuses. Incorporates ``dating violence'' into purpose areas 
     for which grants may be used. Amends the definition of 
     ``victim services'' to include public, nonprofit 
     organizations acting in a nongovernmental capacity, such as 
     victim services organizations at public universities.
       Authorization level is $10 million/year (FY 2000 STOP grant 
     appropriation included a $10 million earmark for this use).
       Authorizes the Attorney General to make grants through 2003 
     to states, units of local government, and Indian tribes to 
     provide improved security, including the placement and use of 
     metal detectors and other deterrent measures, at schools and 
     on school grounds.
       Authorization level is $30 million/year.
     Sec. 1109. Dating Violence
       Incorporates ``dating violence'' into certain purpose areas 
     for which grants may be used under the STOP, Pro-Arrest, and 
     Rural Domestic Violence and Child Abuse Enforcement grant 
     programs. Defines ``dating violence'' as violence committed 
     by a person: (A) who is or has been in a social relationship 
     of a romantic or intimate nature with the victim; and (B) 
     where the existence of such a relationship shall be 
     determined based on consideration of the following factors: 
     (i) the length of the relationship; (ii) the type of 
     relationship; and (iii) the frequency of interaction between 
     the persons involved in the relationship.

        Title II--Strengthening Services to Victims of Violence

     Sec. 1201. Legal Assistance to Victims of Domestic Violence 
         and Sexual Assault
       Building on set-asides in past STOP grant appropriations 
     since fiscal year 1998 for civil legal assistance, this 
     section authorizes a separate grant program for those 
     purposes through 2005. Helps victims of domestic violence, 
     stalking, and sexual assault who need legal assistance as a 
     consequence of that violence to obtain access to trained 
     attorneys and lay advocacy services, particularly pro bono 
     legal services. Grants support training, technical 
     assistance, data collection, and support for cooperative 
     efforts between victim advocacy groups and legal assistance 
     providers.
       Defines the term ``legal assistance'' to include assistance 
     to victims of domestic violence, stalking, and sexual assault 
     in family, immigration, administrative agency, or housing 
     matters, protection or stay away order proceedings, and other 
     similar matters. For purposes of this section, 
     ``administrative agency'' refers to a federal, state, or 
     local governmental agency that provides financial benefits.
       Sets aside 5 percent of the amounts made available for 
     programs assisting victims of domestic violence, stalking, 
     and sexual assault in Indian country; sets aside 25 percent 
     of the funds used for direct services, training, and 
     technical assistance for the use of victims of sexual 
     assault.
       Appropriation is $40 million/year (FY 2000 STOP grant 
     appropriation included a $28 million earmark for this use).
     Sec. 1202. Expanded Shelter for Battered Women and Their 
         Children
       Reauthorizes through 2005 current programs administered by 
     the Department of Health and Human Services to help 
     communities provide shelter to battered women and their 
     children, with increased funding to provide more shelter 
     space to assist the tens of thousands who are now being 
     turned away.
       Authorization level is $175 million/year (FY 2000 
     appropriation was $101.5 million).
     Sec. 1203. Transitional Housing Assistance for Victims of 
         Domestic Violence
       Authorizes the Department of Health and Human Services to 
     make grants to provide short-term housing assistance and 
     support services to individuals and their dependents who are 
     homeless or in need of transitional housing or other housing 
     assistance as a result of fleeing a situation of domestic 
     violence, and for whom emergency shelter services are 
     unavailable or insufficient.
       Authorization level is $25 million for FY 2001.
     Sec. 1204. National Domestic Violence Hotline
       Extends through 2005 this grant to meet the growing demands 
     on the National Domestic Violence Hotline established under 
     the original Violence Against Women Act due to increased call 
     volume since its inception. Requires annual reports on the 
     Hotline's operation.
       Authorization level is $2 million/year (FY 2000 
     appropriation was $2 million).
     Sec. 1205. Federal Victims Counselors Grants Reauthorization
       Extends through 2005 this program under which U.S. Attorney 
     offices can hire counselors to assist victims and witnesses 
     in prosecution of sex crimes and domestic violence crimes.
       Authorization level is $1 million/year (FY 1998 
     appropriation was $1 million).
     Sec. 1206. Study of State Laws Regarding Insurance 
         Discrimination Against Victims of Violence Against Women
       Requires the Attorney General to conduct a national study 
     to identify state laws that address insurance discrimination 
     against victims of domestic violence and submit 
     recommendations based on that study to Congress.
     Sec. 1207. Study of Workplace Effects from Violence Against 
         Women
       Requires the Attorney General to conduct a national survey 
     of programs to assist employers on appropriate responses in 
     the workplace to victims of domestic violence or sexual 
     assault and submit recommendations based on that study to 
     Congress.
     Sec. 1208. Study of Unemployment Compensation For Victims of 
         Violence Against Women
       Requires the Attorney General to conduct a national study 
     to identify the impact of state unemployment compensation 
     laws on victims of domestic violence when the victim's 
     separation from employment is a direct result of the domestic 
     violence, and to submit recommendations based on that study 
     to Congress.
     Sec. 1209. Enhancing Protections for Older and Disabled Women 
         from Domestic Violence and Sexual Assault
       Adds as new purposes areas to STOP grants and Pro-Arrest 
     grants the development of policies and initiatives that help 
     in identifying and addressing the needs of older and disabled 
     women who are victims of domestic violence or sexual assault.
       Authorizes the Attorney General to make grants for training 
     programs through 2005 to assist law enforcement officers, 
     prosecutors, and relevant court officers in recognizing, 
     addressing, investigating, and prosecuting instances of elder 
     abuse, neglect, and exploitation and violence against 
     individuals with disabilities, including domestic violence 
     and sexual assault, against older or disabled individuals.
       Authorization is $5 million/year.

        Title III--Limiting the Effects of Violence on Children

     Sec. 1301. Safe Havens for Children Pilot Program
       Establishes through 2002 a pilot Justice Department grant 
     program aimed at reducing the opportunity for domestic 
     violence to occur during the transfer of children for 
     visitation purposes by expanding the availability of 
     supervised visitation and safe visitation exchange for the 
     children of victims of domestic violence, child abuse, sexual 
     assault, or stalking.
       Authorization level is $15 million for each year.
     Sec. 1302. Reauthorization of Victims of Child Abuse Act 
         Grants
       Extends through 2005 three grant programs geared to assist 
     children who are victims of abuse. These are the court-
     appointed special advocate program, child abuse training for 
     judicial personnel and practitioners, and grants for 
     televised testimony of children.
       Authorization levels are $12 million/year for the special 
     advocate program, $2.3 million/year for the judicial 
     personnel training program, and $1 million/year for televised 
     testimony (FY 2000 appropriations were $10 million, $2.3 
     million, and $1 million respectively).
     Sec. 1303. Report on Parental Kidnaping Laws
       Requires the Attorney General to study and submit 
     recommendations on federal and state child custody laws, 
     including custody

[[Page 21085]]

     provisions in protection orders, the Parental Kidnaping 
     Prevention Act of 1980, and the Uniform Child Custody 
     Jurisdiction and Enforcement Act adopted by the National 
     Conference of Commissioners on Uniform State Laws in July 
     1997, and the effect of those laws on child custody cases in 
     which domestic violence is a factor. Amends emergency 
     jurisdiction to cover domestic violence.
       Authorization levels is $200,000.

   Title IV--Strengthening Education and Training To Combat Violence 
                             Against Women

     Sec. 1401. Rape Prevention and Education Program 
         Reauthorization
       Extends through 2005 this Sexual Assault Education and 
     Prevention Grant program; includes education for college 
     students; provides funding to continue the National Resource 
     Center on Sexual Assault at the Centers for Disease Control 
     and Prevention.
       Authorization level is $80 million/year (FY 2000 
     appropriation was $45 million).
     Sec. 1402. Education and Training to End Violence Against and 
         Abuse of Women with Disabilities
       Establishes a new Justice Department grant program through 
     2005 to educate and provide technical assistance to providers 
     on effective ways to meet the needs of disabled women who are 
     victims of domestic violence, sexual assault, and stalking.
       Authorization level is $7.5 million/year.
     Sec. 1403. Reauthorization of Community Initiatives to 
         Prevent Domestic Violence
       Reauthorizes through 2005 this grant program to fund 
     collaborative community projects targeted for the 
     intervention and prevention of domestic violence.
       Authorization level is $6 million/year (FY 2000 
     appropriation was $6 million).
     Sec. 1404. Development of Research Agenda Identified under 
         the Violence Against Women Act.
       Requires the Attorney General to direct the National 
     Institute of Justice,in consultation with the Bureau of 
     Justice Statistics and the National Academy of Sciences, 
     through its National Research Council, to develop a plan to 
     implement a research agenda based on the recommendations in 
     the National Academy of Science report ``Understanding 
     Violence Against Women,'' which was produced under a grant 
     awarded under the original Violence Against Women Act.
       Authorization is for such sums as may be necessary to carry 
     out this section.
     Sec. 1405. Standards, Practice, and Training for Sexual 
         Assault Forensic Examinations
       Requires the Attorney General to evaluate existing 
     standards of training and practice for licensed health care 
     professionals performing sexual assault forensic examinations 
     and develop a national recommended standard for training; to 
     recommend sexual assault forensic examination training for 
     all health care students; and to review existing protocols on 
     sexual assault forensic examinations and, based on this 
     review, develop a recommended national protocol and establish 
     a mechanism for its nationwide dissemination.
       Authorization level is $200,000 for FY 2001.
     Sec. 1406. Education and Training for Judges and Court 
         Personnel.
       Amends the Equal Justice for Women in the Courts Act of 
     1994, authorizing $1,500,000 each year through 2005 for 
     grants for education and training for judges and court 
     personnel in state courts, and $500,000 each year through 
     2005 for grants for education and training for judges and 
     court personnel in federal courts. Adds three areas of 
     training eligible for grant use.
     Sec. 1407. Domestic Violence Task Force
       Requires the Attorney General to establish a task force to 
     coordinate research on domestic violence and to report to 
     Congress on any overlapping or duplication of efforts among 
     the federal agencies that address domestic violence.
       Authorization level is $500,000.

                   Title V--Battered Immigrant Women

       Strengthens and refines the protections for battered 
     immigrant women in the original Violence Against Women Act. 
     Eliminates a number of ``catch-22'' policies and unintended 
     consequences of subsequent changes in immigration law to 
     ensure that domestic abusers with immigrant victims are 
     brought to justice and that the battered immigrants Congress 
     sought to help in the original Act are able to escape the 
     abuse.

                        Title VI--Miscellaneous

     Sec. 1601. Notice Requirements for Sexually Violent Offenders
       Amends the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act to require sex 
     offenders already required to register in a State to provide 
     notice, as required under State law, or each institution of 
     higher education in that State at which the person is 
     employed, carried on a vocation, or is a student. Requires 
     that state procedures ensure that this registration 
     information is promptly made available to law enforcement 
     agencies with jurisdiction where the institutions of higher 
     education are located and that it is entered into appropriate 
     State records or data systems. These changes take effect 2 
     years after enactment.
       Amends the Higher Education Act of 1965 to require 
     institutions of higher education to issue a statement, in 
     addition to other disclosures required under that Act, 
     advising the campus community where law enforcement agency 
     information provided by a State concerning registered sex 
     offenders may be obtained. This change takes effect 2 years 
     after enactment.
       Amends the Family Educational Rights and Privacy Act of 
     1974 to clarify that nothing in that Act may be construed to 
     prohibit an educational institution from disclosing 
     information provided to the institution concerning registered 
     sex offenders; requires the Secretary of Education to take 
     appropriate steps to notify educational institutions that 
     disclosure of this information is permitted.
     Sec. 1602. Teen Suicide Prevention Study
       Authorizes a study by the Secretary of Health and Human 
     Services of predictors of suicide among at-risk and other 
     youth, and barriers that prevent the youth from receiving 
     treatment, to facilitate the development of model treatment 
     programs and public education and awareness efforts.
       Authorization is for such sums as may be necessary.
     Sec. 1603. Decade of Pain Control and Research
       Designates the calendar decade beginning January 1, 2001, 
     as the ``Decade of Pain Control and Research.''

           Division B--The Violence Against Women Act of 2000

      Title V--The Battered Immigrant Women Protection Act of 2000


                      section-by-section analysis

       Generally designed to improve on efforts made in VAWA 1994 
     to prevent immigration law from being used by an abusive 
     citizen or lawful permanent resident spouse as a tool to 
     prevent an abused immigrant spouse from reporting abuse or 
     leaving the abusive relationship. This could happen because 
     generally speaking, U.S. immigration law gives citizens and 
     lawful permanent residents the right to petition for their 
     spouses to be granted a permanent resident visa, which is the 
     necessary prerequisite for immigrating to the United States. 
     In the vast majority of cases, granting the right to seek the 
     visa to the citizen or lawful permanent resident spouse makes 
     sense, since the purpose of family immigration visas is to 
     allow U.S. citizens or lawful permanent residents to live 
     here with their spouses and children. But in the unusual case 
     of the abusive relationship, an abusive citizen or lawful 
     permanent resident can use control over his or her spouse's 
     visa as a means to blackmail and control the spouse. The 
     abusive spouse would do this by withholding a promised visa 
     petition and then threatening to turn the abused spouse in to 
     the immigration authorities if the abused spouse sought to 
     leave the abuser or report the abuse.
       VAWA 1994 changed this by allowing immigrants who 
     demonstrate that they have been battered or subjected to 
     extreme cruelty by their U.S. citizen or lawful permanent 
     resident spouses to file their own petitions for visas 
     without the cooperation of their abusive spouse. VAWA 1994 
     also allowed abused spouses placed in removal proceedings to 
     seek ``cancellation of removal,'' a form of discretionary 
     relief from removal available to individuals in unlawful 
     immigration status with strong equities, after three years 
     rather than the seven ordinarily required. Finally, VAWA 1994 
     granted similar rights to minor children abused by their 
     citizen or lawful permanent resident parent, whose 
     immigration status, like that of the abused spouse, would 
     otherwise be dependent on the abusive parent. VAWA 2000 
     addresses residual immigration law obstacles standing in the 
     path of battered immigrant spouses and children seeking to 
     free themselves from abusive relationships that either had 
     not come to the attention of the drafters of VAWA 1994 or 
     have arisen since as a result of 1996 changes to immigration 
     law.
     Sec. 1501. Short Title
       Names this tile the Battered Immigrant Women Protection Act 
     of 2000.
     Sec. 1502. Findings and Purposes
       Lays out as the purpose of the title building on VAWA 
     1994's efforts to enable battered immigrant spouses and 
     children to free themselves of abusive relationships and 
     report abuse without fear of immigration law consequences 
     controlled by their abusive citizen or lawful permanent 
     resident spouse or parent.
     Sec. 1503. Improved Access to Immigration Protections of the 
         Violence Against Women Act of 1994 for Battered Immigrant 
         Women
       Allows abused spouses and children who have already 
     demonstrated to the INS that they have been the victims of 
     battery or extreme cruelty by their spouse or parent to file 
     their own petition for a lawful permanent resident visa 
     without also having to show they will suffer ``extreme 
     hardship'' if forced to leave the U.S., a showing that is not 
     required if their citizen or lawful permanent resident spouse 
     or parent files the visa petition on their behalf. Eliminates 
     U.S. residency as a prerequisite for a spouse or child of a 
     citizen or lawful permanent resident who has been battered in 
     the U.S. or whose spouse is a member of the uniformed 
     services or a U.S. government employee to

[[Page 21086]]

     file for his or her own visa, since there is no U.S. 
     residency prerequisite for non-battered spouses' or 
     children's visas. Retains current law's special requirement 
     that abused spouses and children filing their own petitions 
     (unlike spouses and children for whom their citizen or lawful 
     permanent resident spouse or parent petitions) demonstrate 
     good moral character, but modifies it to give the Attorney 
     General authority to find good moral character despite 
     certain otherwise disqualifying acts if those acts were 
     connected to the abuse.
       Allows a victim of battery or extreme cruelty who believed 
     himself or herself to be a citizen's or lawful permanent 
     resident's spouse and went through a marriage ceremony to 
     file a visa petition as a battered spouse if the marriage was 
     not valid solely on account of the citizen's or lawful 
     permanent resident's bigamy. Allows a battered spouse whose 
     citizen spouse died, whose spouse lost citizenship, whose 
     spouse lost lawful permanent residency, or from whom the 
     battered spouse was divorced to file a visa petition as an 
     abused spouse within two years of the death, loss of 
     citizenship or lawful permanent residency, or divorce, 
     provided that the loss of citizenship, status or divorce was 
     connected to the abuse suffered by the spouse. Allows a 
     battered spouse to naturalize after three years residency as 
     other spouses may do, but without requiring the battered 
     spouse to live in marital union with the abusive spouse 
     during that period.
       Allows abused children or children of abused spouses whose 
     petitions were filed when they were minors to maintain their 
     petitions after they attain age 21, as their citizen or 
     lawful permanent resident parent would be entitled to do on 
     their behalf had the original petition been filed during the 
     child's minority, treating the petition as filed on the date 
     of the filing of the original petition for purposes of 
     determining its priority date.
     Sec. 1504. Improved Access to Cancellation of Removal and 
         Suspension of Deportation under the Violence Against 
         Women Act of 1994
       Clarifies that with respect to battered immigrants, 
     IIRIRA's rule, enacted in 1996, that provides that with 
     respect to any applicant for cancellation of removal, any 
     absence that exceeds 90 days, or any series of absences that 
     exceed 180 days, interrupts continuous physical presence, 
     does not apply to any absence or portion of an absence 
     connected to the abuse. Makes this change retroactive to date 
     of enactment of IIRIRA. Directs Attorney General to parole 
     children of battered immigrants granted cancellation until 
     their adjustment of status application has been acted on, 
     provided the battered immigrant exercises due diligence in 
     filing such an application.
     Sec. 1505. Offering Equal Access to Immigration Protections 
         of the Violence Against Women Act of 1994 for All 
         Qualified Battered Immigrant Self-Petitioners
       Grants the Attorney General the authority to waive certain 
     bars to admissibility or grounds of deportability with 
     respect to battered spouses and children. New Attorney 
     General waiver authority granted (1) for crimes of domestic 
     violence or stalking where the spouse or child was not the 
     primary perpetrator of violence in the relationship, the 
     crime did not result in serious bodily injury, and there was 
     a connection between the crime and the abuse suffered by the 
     spouse or child; (2) for misrepresentations connected with 
     seeking an immigration benefit in cases of extreme hardship 
     to the alien (paralleling the AG's waiver authority for 
     spouses and children petitioned for by their citizen or 
     lawful permanent resident spouse or parent in cases of 
     extreme hardship to the spouse or parent); (3) for crimes of 
     moral turpitude not constituting aggravated felonies where 
     the crime was connected to the abuse (similarly paralleling 
     the AG's waiver authority for spouses and children petitioned 
     for by their spouse or parent); (4) for health related 
     grounds of inadmissibility (also paralleling the AG's waiver 
     authority for spouses and children petitioned for by their 
     spouse or parent); and (5) for unlawful presence after a 
     prior immigration violation, if there is a connection between 
     the abuse and the alien's removal, departure, reentry, or 
     attempted reentry. Clarifies that a battered immigrant's use 
     of public benefits specifically made available to battered 
     immigrants in PRWORA does not make the immigrant inadmissible 
     on public charge ground.
     Sec. 1506. Restoring Immigration Protections under the 
         Violence Against Women Act of 1994
       Establishes mechanism paralleling mechanism available to 
     spouses and children petitioned for by their spouse or parent 
     to enable VAWA-qualified battered spouse or child to obtain 
     status as lawful permanent resident in the United States 
     rather than having to go abroad to get a visa.
       Addresses problem created in 1996 for battered immigrants' 
     access to cancellation of removal by IIRIRA's new stop-time 
     rule. That rule was aimed at individuals gaming the system to 
     gain access to cancellation of removal. To prevent this, 
     IIRIRA stopped the clock on accruing any time toward 
     continuous physical presence at the times INS initiates 
     removal proceedings against an individual. This section 
     eliminates application of this rule to battered immigrant 
     spouses and children, who, if they are sophisticated enough 
     about immigration law and had sufficient freedom of movement 
     to ``game the system'', presumably would have filed self-
     petitions, and more likely do not even know that INS has 
     initiated proceedings against them because their abusive 
     spouse or parent has withheld their mail. To implement this 
     change, allows a battered immigrant spouse or child to file a 
     motion to reopen removal proceedings within 1 year of the 
     entry of an order of removal (which deadline may be waived in 
     the Attorney General's discretion if the Attorney General 
     finds extraordinary circumstances or extreme hardship to the 
     alien's child) provided the alien files a complete 
     application to be classified as VAWA-eligible at the time the 
     alien files the reopening motion.
     Sec. 1507. Remedying Problems with Implementation of the 
         Immigration Provisions of the Violence Against Women Act 
         of 1994
       Clarifies that negative changes of immigration status of 
     abuser or divorce after abused spouse or child files petition 
     under VAWA have no effect on status of abused spouse or 
     child. Reclassifies abused spouse or child as spouse or child 
     of citizen if abuser becomes citizen notwithstanding divorce 
     or termination of parental rights (so as not to create 
     incentive for abuse victim to delay leaving abusive situation 
     on account of potential future improved immigration status of 
     abuser). Clarifies that remarriage has no effect on pending 
     VAWA immigration petition.
     Sec. 1508. Technical Correction to Qualified Alien Definition 
         for Battered Immigrants
       Makes technical change of description of battered aliens 
     allowed to access certain public benefits so as to use 
     correct pre-IIRIRA name for equitable relief from 
     deportation/removal (``suspension of deportation'' rather 
     than ``cancellation of removal'') for pre-IIRIRA cases.
     Sec. 1509. Access to Cuban Adjustment Act for Battered 
         Immigrant Spouses and Children
       Allows battered spouses and children to access special 
     immigration benefits available under Cuban Adjustment Act to 
     other spouses and children of Cubans on the basis of the same 
     showing of battery or extreme cruelty they would have to make 
     as VAWA self-petitioners; relieves them of Cuban Adjustment 
     Act showing that they are residing with their spouse/parent.
     Sec. 1510. Access to the Nicaraguan Adjustment and Central 
         American Relief Act for Battered Spouses and Children
       Provides access to special immigration benefits under 
     NACARA to battered spouses and children similarly to the way 
     section 509 does with respect to Cuban Adjustment Act.
     Sec. 1511. Access to the Haitian Refugee Fairness Act of 1998 
         for Battered Spouses and Children
       Provides access to special immigration benefits under HRIFA 
     to battered spouses and children similarly to the way section 
     509 does with respect to Cuban Adjustment Act.
     Sec. 1512. Access to Services and Legal Representation for 
         Battered Immigrants
       Clarifies that Stop grants, Grants to Encourage Arrest, 
     Rural VAWA grants, Civil Legal Assistance grants, and Campus 
     grants can be used to provide assistance to battered 
     immigrants. Allows local battered women's advocacy 
     organizations, law enforcement or other eligible Stop grant 
     applicants to apply for Stop funding to train INS officers 
     and immigration judges as well as other law enforcement 
     officers on the special needs of battered immigrants.
     Sec. 1513. Protection for Certain Crime Victims Including 
         Victims of Crimes Against Women
       Creates new nonimmigrant visa for victims of certain 
     serious crimes that tend to target vulnerable foreign 
     individuals without immigration status if the victim has 
     suffered substantial physical or mental abuse as a result of 
     the crime, the victim has information about the crime, and a 
     law enforcement official or a judge certifies that the victim 
     has been helpful, is being helpful, or is likely to be 
     helpful in investigating or prosecuting the crime. The crime 
     must involve rape, torture, trafficking, incest, sexual 
     assault, domestic violence, abusive sexual contact, 
     prostitution, sexual exploitation, female genital mutilation, 
     being held hostage, peonage, involuntary servitude, slave 
     trade, kidnapping, abduction, unlawful criminal restraint, 
     false imprisonment, blackmail, extortion, manslaughter, 
     murder, felonious assault, witness tampering, obstruction of 
     justice, perjury, attempt or conspiracy to commit any of the 
     above, or other similar conduct in violation of Federal, 
     State, or local criminal law. Caps visas at 10,000 per fiscal 
     year. Allows Attorney General to adjust these individuals to 
     lawful permanent resident status if the alien has been 
     present for 3 years and the Attorney General determines this 
     is justified on humanitarian grounds, to promote family 
     unity, or is otherwise in the public interest.


                              aimee's law

       This bill penalizes States that fail to incarcerate 
     criminals convicted of murder, rape, and dangerous sexual 
     offenses for long prison terms. In cases in which a State 
     convicts a

[[Page 21087]]

     person of murder, rape, or a dangerous sexual offense, and 
     that person has a prior conviction for any one of those 
     offenses in a designated State, the designated State must 
     pay, from federal law enforcement assistance funds, the 
     incarceration and prosecution cost of the latter State. (The 
     Attorney General would transfer the federal law enforcement 
     funds from the prior State to the subsequent State.)
       A State is a designated State and is subject to penalty 
     under this section if (1) the average term of imprisonment 
     imposed by the State on persons convicted of the offense for 
     which that person was convicted is less than the average term 
     of imprisonment imposed for that offense in all states; or 
     (2) that person had served less than 85 percent of the prison 
     term to which he was sentenced for the prior offense. (In 
     making this calculation, if the State has an indeterminate 
     sentencing system, the prison term shall be considered the 
     lower range of the sentence. For example, if a person is 
     sentenced 10-to-12 years, then the calculation is whether the 
     person served 85 percent of 10 years.)
     Concerning Sec. 2002 and 2003 of Division C.
       Sections 2002 and 2003, which may be referred to as the 
     Justice for Victims of Terrorism Act, helps American victims 
     of terrorism abroad collect court-awarded compensation and 
     ensures that the responsible state sponsors of terrorism pay 
     a price for their crimes.
       In March 1985, Terry Anderson, an American journalist 
     working in Beirut, was kidnapped by agents of the Islamic 
     Republic of Iran. He was held captive by his kidnappers in 
     deplorable conditions until early December 1991.
       During the 1980's three other individuals working in 
     Lebanon, David Jacobsen, an administrator of the American 
     University hospital in Beirut, Joseph Ciccippio, a 
     comptroller of the American University school and hospital 
     and Frank Reed, a principal of a private secondary school in 
     Beirut, were also held captive by agents of the Islamic 
     Republic of Iran.
       In April 1995, Alisa Flatow, a 20-year-old college student 
     from New Jersey, was on a bus on the Gaza strip going to a 
     Passover holiday celebration. A terrorist from the Iranian 
     backed Islamic Jihad rammed his car loaded with explosives 
     into the bus, killing Ms. Flatow and seven others.
       Two Americans studying in Israel, Matthew Eisenfeld and 
     Sara Duker were killed in a suicide bombing of a bus in 
     Jerusalem in February 1996. Those responsible were provided 
     training, money, and resources by Iran.
       Also in February 1996, Cuban MiG aircraft shot down two 
     aircraft flown by the ``Brothers to the Rescue'' humanitarian 
     organization in international airspace over the Florida 
     Straits. Three American citizens were killed in the attack by 
     the Cuban government.
       Antiterrorism Act of 1996 gave these and other American 
     citizens injured in acts of terrorism their survivors to 
     bring a lawsuit against the terrorist state responsible for 
     that act. Congress and the President deliberately created an 
     exception to the doctrine of foreign sovereign immunity and 
     to the statutory protections of the Foreign Sovereign 
     Immunities Act, limited to victims' cases against countries 
     on the State Department's list of state sponsors of 
     terrorism.
       Following enactment of the Antiterrorism Act of 1996, 
     numerous American victims filed suit against terrorist 
     states. Each of the victims described above, or surviving 
     family members, has been awarded judgements by U.S. courts. 
     However, the victims were not able to collect on their 
     judgements. Iran and Cuba have few, if any, assets in the 
     United States not blocked by the Treasury Department under 
     sanctions laws or otherwise held by the U.S. Government. The 
     President did not exercise existing authorities to make those 
     assets available.
       After the Brothers to the Rescue incident, at a February 
     26, 1996, White House press briefing President Clinton stated 
     ``I am asking that Congress pass legislation that will 
     provide immediate compensation to the families, something to 
     which they are entitled under international law, out of 
     Cuba's blocked assets here in the United States. If Congress 
     passes this legislation, we can provide the compensation 
     immediately,'' The President did vest funds from blocked 
     Cuban accounts to make modest payments to the Brothers to the 
     Rescue families as a ``humanitarian gesture.''
       Section 117 of the Treasury and General Government 
     Appropriations Act for fiscal year 1999, explicitly made the 
     assets of foreign terrorist states blocked by the Treasury 
     Department under sanctions laws available for attachment by 
     U.S. courts for the very limited purpose of satisfying 
     Antiterrorism Act judgements.
       That legislation authorized the President to waive the 
     requirements of that provision in the interest of national 
     security, but the scope of that waiver authority remains in 
     dispute. Presidential Determination 99-1 asserted broad 
     authority to waive the entirety of the provision. But the 
     District Court of the Southern District of Florida, in 
     Alejandre v. Republic of Cuba, rejected the Administration's 
     view and held, instead, that the President's authority 
     applied only to section 117's requirement that the 
     Secretaries of State and Treasury assist a judgement creditor 
     in identifying, locating, and executing against non-blocked 
     property of a foreign terrorist state.
       Subsection 1(f) of this bill repeals the waiver authority 
     granted in Section 117 of the Treasury and General Government 
     Appropriations Act for fiscal year 1999, replacing it will a 
     clearer but narrower waiver authority in the underlying 
     statute. The Committee hopes clarity in the legislative 
     history and intent of subsection 1(f), in the context of the 
     section as a whole, will ensure appropriate application of 
     the new waiver authority.
       This is a key issue for American victims of state-sponsored 
     terrorism who have sued or who will in the future sue the 
     responsible terrorism-list state, as they are entitled to do 
     under the Anti-Terrorism Act of 1996. Victims who already 
     hold U.S. court judgements, and a few whose related cases 
     will soon be decided, will receive their compensatory damages 
     as a result of this legislation.
       The Committee intends that this legislation will similarly 
     help other pending and future Antiterrorism Act plaintiffs as 
     and when U.S. courts issue judgements against the foreign 
     state sponsors of specific terrorist acts. The Committee 
     shares the particular interest of the sponsors of this 
     legislation in ensuring that the families of the victims of 
     Pan Am flight 103 should be able to collect damages promptly 
     if they can demonstrate to the satisfaction of a U.S. court 
     that Libya is indeed responsible for that heinous bombing. 
     The Committee is similarly interested in pending suits 
     against Iraq.
       In replacing the waiver, the conferees accept that the 
     President should have the authority to waive the court's 
     authority to attach blocked assets. But to understand the 
     view of the committee with respect to the use of the waiver, 
     it must be read within the context of other provisions of the 
     legislation.
       A waiver of the attachment provision would seem appropriate 
     for final and pending Anti-Terrorism Act cases identified in 
     subsection (a)(2) of this bill. In these cases, judicial 
     attachment is not necessary because the executive branch will 
     appropriately pay compensatory damages to the victims and use 
     blocked assets to collect the funds from terrorist states.
       Of particular significance, this section reaffirms the 
     President's statutory authority, inter alia, to vest blocked 
     foreign government assets and where appropriate make payments 
     to victims of terrorism. The President has the authority to 
     assist victims with pending and future cases.
       The Committee's intent is that the President will review 
     each case when the court issues a final judgement to 
     determine whether to use the national security waiver, 
     whether to help the plaintiffs collect from a foreign state's 
     non-blocked assets in the United States whether to allow the 
     courts to attach and execute against blocked assets, or 
     whether to use existing authorities to vest and pay those 
     assets as damages to the victims of terrorism.
       When a future President does make a decision whether to 
     invoke the waiver, he should consider seriously whether the 
     national security standard for a waiver has been met. In 
     enacting this legislation, Congress is expressing the view 
     that the attachment and execution of frozen assets to enforce 
     judgements in cases under the Anti-Terrorism Act of 1996 is 
     not by itself contrary to the national security interest. 
     Indeed, in the view of the Committee, it is generally in the 
     national security interest of the United States to make 
     foreign state sponsors of terrorism pay court-awarded damages 
     to American victims, so neither the Foreign Sovereign 
     Immunities Act nor any other law will stand in the way of 
     justice. Thus, in the view of the committee the waiver 
     authority should not be exercised in a routine or blanket 
     manner, but only where U.S. national security interests would 
     be implicated in taking action against particular blocked 
     assets or where alternative recourse--such as vesting and 
     paying those assets--may be preferable to court attachment.
       Future Presidents should follow the precedent set by this 
     legislation, and find the best way to help victims of 
     terrorism collect on their judgements and make terrorist 
     states pay for their crimes.
       The conference report also includes a section, Section 
     2003, dealing with support for victims of international 
     terrorism. This section will enable the Office for Victims of 
     Crime (OVC) to provide more immediate and effective 
     assistance to Americans who are victims of terrorism abroad--
     Americans like those killed or injured in the embassy 
     bombings in Kenya and Tanzania, and in the Pan Am 103 bombing 
     over Lockerbie, Scotland. These victims deserve help, but 
     existing programs are failing to meet their needs.
       Section 2003(a) of the conference report will permit OVC to 
     serve these victims better by expanding the types of 
     assistance for which the Victims of Crime Act (VOCA) 
     emergency reserve fund may be used, and the range of 
     organizations to which assistance may be provided. These 
     changes will not require new or appropriated funds: They 
     simply allow OVC greater flexibility in using existing 
     reserve funds to assist victims of terrorism abroad, 
     including the victims of the Lockerbie and embassy bombings.

[[Page 21088]]

       Section 2003(b) will authorize OVC to raise the cap on the 
     VOCA emergency reserve fund from $50 million to $100 million, 
     so that the fund is large enough to cover the extraordinary 
     costs that would be incurred if a terrorist act caused 
     massive casualties, and to replenish the reserve fund with 
     unobligated funds from its other grant programs.
       Section 2003(c) will simplify the presently-authorized 
     system of using VOCA funds to provide victim compensation to 
     American victims of terrorism abroad, by permitting OVC to 
     establish and operate an international crime victim 
     compensation program. This program will, in addition, cover 
     foreign nationals who are employees of any American 
     government institution targeted for terrorist attack. The 
     source of funding is the VOCA emergency reserve fund, which 
     Congress authorized in an amendment to the 1996 Antiterrorism 
     and Effective Death Penalty Act.
       Section 2003(d) clarifies that deposits into the Crime 
     Victims Fund remain available for intended uses under VOCA 
     when not expended immediately. This should quell concerns 
     raised regarding the effect of spending caps included in 
     appropriations bills last year and this. The appropriations' 
     actions were meant to defer spending, not to remove deposits 
     from the Fund. This provision makes that explicit.


       Summary of S. 577--Twenty-First Amendment Enforcement Act

       The purpose of S. 577 is to provide a mechanism to enable 
     States to effectively enforce their laws against the illegal 
     interstate shipment of alcoholic beverages. While Federal law 
     already prohibits the interstate shipment of alcohol in 
     violation of state law, unfortunately, that general 
     prohibition lacks any enforcement mechanism. S. 577 provides 
     that mechanism by permitting the Attorney General of a State, 
     who has reasonable cause to believe that his or her State 
     laws regulating the importation and transportation of alcohol 
     are being violated, to file an action in federal court for an 
     injunction to stop those illegal shipments.
       S. 577 only reaches those that violate the law. It only 
     allows actions for an injunction if a person is ``engaged 
     in'' or ``has engaged in'' an act that would constitute a 
     violation of a State law, but prohibits injunctions to 
     restrain otherwise lawful advertising. Additionally, S. 577 
     provides that no preliminary injunctions could be obtained 
     without: (1) proving irreparable injury, and (2) a 
     probability of success on the merits. S. 577 also includes a 
     provision on the ``Rules of Construction,'' which states that 
     the power conveyed by this act is limited to the valid 
     exercise of power vested in the states under the 21st 
     Amendment in accordance with Supreme Court precedent and 
     interpretation, and shall not be interpreted to grant to 
     states any additional power.
     Benjamin Gilman,
     Bill Goodling,
     Chris Smith,
     Henry Hyde,
     Nancy L. Johnson,
     Sam Gejdenson,
     Tom Lantos,
     Ben Cardin,
                                Managers of the Part of the House.
     From the Committee on the Judiciary:
     Orrin Hatch,
     Strom Thurmond,
     From the Committee on Foreign Relations:
     Jesse Helms,
     Sam Brownback,
     Joe Biden,
     Paul Wellstone,
     Managers of the Part of the Senate.

                          ____________________



MICROENTERPRISE FOR SELF-RELIANCE AND INTERNATIONAL ANTI-CORRUPTION ACT 
                                OF 2000

  Mr. GILMAN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 1143) to establish a program to provide 
assistance for programs of credit and other financial services for 
microenterprises in developing countries, and for other purposes, with 
a Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Microenterprise for Self-
     Reliance and International Anti-Corruption Act of 2000''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

         TITLE I--MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000

Sec. 101. Short title.
Sec. 102. Findings and declarations of policy.
Sec. 103. Purposes.
Sec. 104. Definitions.
Sec. 105. Microenterprise development grant assistance.
Sec. 106. Micro- and small enterprise development credits.
Sec. 107. United States Microfinance Loan Facility.
Sec. 108. Report relating to future development of microenterprise 
              institutions.
Sec. 109. United States Agency for International Development as global 
              leader and coordinator of bilateral and multilateral 
              microenterprise assistance activities.
Sec. 110. Sense of Congress on consideration of Mexico as a key 
              priority in microenterprise funding allocations.

TITLE II--INTERNATIONAL ANTI-CORRUPTION AND GOOD GOVERNANCE ACT OF 2000

Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Development assistance policy.
Sec. 204. Department of the Treasury technical assistance program for 
              developing countries.
Sec. 205. Authorization of good governance programs.

       TITLE III--INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000

Sec. 301. Short title.
Sec. 302. Statement of purpose.
Sec. 303. Establishment of grant program for foreign study by American 
              college students of limited financial means.
Sec. 304. Report to Congress.
Sec. 305. Authorization of appropriations.
Sec. 306. Effective date.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Support for Overseas Cooperative Development Act.
Sec. 402. Funding of certain environmental assistance activities of 
              USAID.
Sec. 403. Processing of applications for transportation of humanitarian 
              assistance abroad by the Department of Defense.
Sec. 404. Working capital fund.
Sec. 405. Increase in authorized number of employees and 
              representatives of the United States mission to the 
              United Nations provided living quarters in New York.
Sec. 406. Availability of VOA and Radio Marti multilingual computer 
              readable text and voice recordings.
Sec. 407. Availability of certain materials of the Voice of America.
Sec. 408. Paul D. Coverdell Fellows Program Act of 2000.

         TITLE I--MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Microenterprise for Self-
     Reliance Act of 2000''.

     SEC. 102. FINDINGS AND DECLARATIONS OF POLICY.

       Congress makes the following findings and declarations:
       (1) According to the World Bank, more than 1,200,000,000 
     people in the developing world, or one-fifth of the world's 
     population, subsist on less than $1 a day.
       (2) Over 32,000 of their children die each day from largely 
     preventable malnutrition and disease.
       (3)(A) Women in poverty generally have larger work loads 
     and less access to educational and economic opportunities 
     than their male counterparts.
       (B) Directly aiding the poorest of the poor, especially 
     women, in the developing world has a positive effect not only 
     on family incomes, but also on child nutrition, health and 
     education, as women in particular reinvest income in their 
     families.
       (4)(A) The poor in the developing world, particularly 
     women, generally lack stable employment and social safety 
     nets.
       (B) Many turn to self-employment to generate a substantial 
     portion of their livelihood. In Africa, over 80 percent of 
     employment is generated in the informal sector of the self-
     employed poor.
       (C) These poor entrepreneurs are often trapped in poverty 
     because they cannot obtain credit at reasonable rates to 
     build their asset base or expand their otherwise viable self-
     employment activities.
       (D) Many of the poor are forced to pay interest rates as 
     high as 10 percent per day to money lenders.
       (5)(A) The poor are able to expand their incomes and their 
     businesses dramatically when they can access loans at 
     reasonable interest rates.
       (B) Through the development of self-sustaining microfinance 
     programs, poor people themselves can lead the fight against 
     hunger and poverty.
       (6)(A) On February 2-4, 1997, a global Microcredit Summit 
     was held in Washington, District of Columbia, to launch a 
     plan to expand access to credit for self-employment and other 
     financial and business services to 100,000,000 of the world's 
     poorest families, especially the women of those families, by 
     2005. While this scale of outreach may not be achievable in 
     this short time-period, the realization of this goal could 
     dramatically alter the face of global poverty.
       (B) With an average family size of five, achieving this 
     goal will mean that the benefits of microfinance will thereby 
     reach nearly half of the world's more than 1,000,000,000 
     absolute poor people.
       (7)(A) Nongovernmental organizations, such as those that 
     comprise the Microenterprise Coalition (such as the Grameen 
     Bank (Bangladesh,) K-REP (Kenya), and networks such as Accion 
     International, the Foundation for International Community 
     Assistance (FINCA), and the credit union movement) are 
     successful in lending directly to the very poor.

[[Page 21089]]

       (B) Microfinance institutions such as BRAC (Bangladesh), 
     BancoSol (Bolivia), SEWA Bank (India), and ACEP (Senegal) are 
     regulated financial institutions that can raise funds 
     directly from the local and international capital markets.
       (8)(A) Microenterprise institutions not only reduce 
     poverty, but also reduce the dependency on foreign 
     assistance.
       (B) Interest income on the credit portfolio is used to pay 
     recurring institutional costs, assuring the long-term 
     sustainability of development assistance.
       (9) Microfinance institutions leverage foreign assistance 
     resources because loans are recycled, generating new benefits 
     to program participants.
       (10)(A) The development of sustainable microfinance 
     institutions that provide credit and training, and mobilize 
     domestic savings, is a critical component to a global 
     strategy of poverty reduction and broad-based economic 
     development.
       (B) In the efforts of the United States to lead the 
     development of a new global financial architecture, 
     microenterprise should play a vital role. The recent shocks 
     to international financial markets demonstrate how the 
     financial sector can shape the destiny of nations. 
     Microfinance can serve as a powerful tool for building a more 
     inclusive financial sector which serves the broad majority of 
     the world's population including the very poor and women and 
     thus generate more social stability and prosperity.
       (C) Over the last two decades, the United States has been a 
     global leader in promoting the global microenterprise sector, 
     primarily through its development assistance programs at the 
     United States Agency for International Development. 
     Additionally, the Department of the Treasury and the 
     Department of State have used their authority to promote 
     microenterprise in the development programs of international 
     financial institutions and the United Nations.
       (11)(A) In 1994, the United States Agency for International 
     Development launched the ``Microenterprise Initiative'' in 
     partnership with the Congress.
       (B) The initiative committed to expanding funding for the 
     microenterprise programs of the Agency, and set a goal that, 
     by the end of fiscal year 1996, one-half of all 
     microenterprise resources would support programs and 
     institutions that provide credit to the poorest, with loans 
     under $300.
       (C) In order to achieve the goal of the microcredit summit, 
     increased investment in microfinance institutions serving the 
     poorest will be critical.
       (12) Providing the United States share of the global 
     investment needed to achieve the goal of the microcredit 
     summit will require only a small increase in United States 
     funding for international microcredit programs, with an 
     increased focus on institutions serving the poorest.
       (13)(A) In order to reach tens of millions of the poorest 
     with microcredit, it is crucial to expand and replicate 
     successful microfinance institutions.
       (B) These institutions need assistance in developing their 
     institutional capacity to expand their services and tap 
     commercial sources of capital.
       (14) Nongovernmental organizations have demonstrated 
     competence in developing networks of local microfinance 
     institutions and other assistance delivery mechanisms so that 
     they reach large numbers of the very poor, and achieve 
     financial sustainability.
       (15) Recognizing that the United States Agency for 
     International Development has developed very effective 
     partnerships with nongovernmental organizations, and that the 
     Agency will have fewer missions overseas to carry out its 
     work, the Agency should place priority on investing in those 
     nongovernmental network institutions that meet performance 
     criteria through the central funding mechanisms of the 
     Agency.
       (16) By expanding and replicating successful microfinance 
     institutions, it should be possible to create a global 
     infrastructure to provide financial services to the world's 
     poorest families.
       (17)(A) The United States can provide leadership to other 
     bilateral and multilateral development agencies as such 
     agencies expand their support to the microenterprise sector.
       (B) The United States should seek to improve coordination 
     among G-7 countries in the support of the microenterprise 
     sector in order to leverage the investment of the United 
     States with that of other donor nations.
       (18) Through increased support for microenterprise, 
     especially credit for the poorest, the United States can 
     continue to play a leadership role in the global effort to 
     expand financial services and opportunity to 100,000,000 of 
     the poorest families on the planet.

     SEC. 103. PURPOSES.

       The purposes of this title are--
       (1) to make microenterprise development an important 
     element of United States foreign economic policy and 
     assistance;
       (2) to provide for the continuation and expansion of the 
     commitment of the United States Agency for International 
     Development to the development of microenterprise 
     institutions as outlined in its 1994 Microenterprise 
     Initiative;
       (3) to support and develop the capacity of United States 
     and indigenous nongovernmental organization intermediaries to 
     provide credit, savings, training, technical assistance, and 
     business development services to microentrepreneurs;
       (4) to emphasize financial services and substantially 
     increase the amount of assistance devoted to both financial 
     services and complementary business development services 
     designed to reach the poorest people in developing countries, 
     particularly women; and
       (5) to encourage the United States Agency for International 
     Development to coordinate microfinance policy, in 
     consultation with the Department of the Treasury and the 
     Department of State, and to provide global leadership among 
     bilateral and multilateral donors in promoting 
     microenterprise for the poorest of the poor.

     SEC. 104. DEFINITIONS.

       In this title:
       (1) Business development services.--The term ``business 
     development services'' means support for the growth of 
     microenterprises through training, technical assistance, 
     marketing assistance, improved production technologies, and 
     other services.
       (2) Microenterprise institution.--The term 
     ``microenterprise institution'' means an institution that 
     provides services, including microfinance, training, or 
     business development services, for microentrepreneurs.
       (3) Microfinance institution.--The term ``microfinance 
     institution'' means an institution that directly provides, or 
     works to expand, the availability of credit, savings, and 
     other financial services to microentrepreneurs.
       (4) Practitioner institution.--The term ``practitioner 
     institution'' means any institution that provides services, 
     including microfinance, training, or business development 
     services, for microentrepreneurs, or provides assistance to 
     microenterprise institutions.

     SEC. 105. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

       Chapter 1 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 131. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

       ``(a) Findings and Policy.--Congress finds and declares 
     that--
       ``(1) the development of microenterprise is a vital factor 
     in the stable growth of developing countries and in the 
     development of free, open, and equitable international 
     economic systems;
       ``(2) it is therefore in the best interest of the United 
     States to assist the development of microenterprises in 
     developing countries; and
       ``(3) the support of microenterprise can be served by 
     programs providing credit, savings, training, technical 
     assistance, and business development services.
       ``(b) Authorization.--
       ``(1) In general.--In carrying out this part, the President 
     is authorized to provide grant assistance for programs to 
     increase the availability of credit and other services to 
     microenterprises lacking full access to capital training, 
     technical assistance, and business development services, 
     through--
       ``(A) grants to microfinance institutions for the purpose 
     of expanding the availability of credit, savings, and other 
     financial services to microentrepreneurs;
       ``(B) grants to microenterprise institutions for the 
     purpose of training, technical assistance, and business 
     development services for microenterprises to enable them to 
     make better use of credit, to better manage their 
     enterprises, and to increase their income and build their 
     assets;
       ``(C) capacity-building for microenterprise institutions in 
     order to enable them to better meet the credit and training 
     needs of microentrepreneurs; and
       ``(D) policy and regulatory programs at the country level 
     that improve the environment for microentrepreneurs and 
     microenterprise institutions that serve the poor and very 
     poor.
       ``(2) Implementation.--Assistance authorized under 
     paragraph (1) (A) and (B) shall be provided through 
     organizations that have a capacity to develop and implement 
     microenterprise programs, including particularly--
       ``(A) United States and indigenous private and voluntary 
     organizations;
       ``(B) United States and indigenous credit unions and 
     cooperative organizations; or
       ``(C) other indigenous governmental and nongovernmental 
     organizations.
       ``(3) Targeted assistance.--In carrying out sustainable 
     poverty-focused programs under paragraph (1), 50 percent of 
     all microenterprise resources shall be targeted to very poor 
     entrepreneurs, defined as those living in the bottom 50 
     percent below the poverty line as established by the national 
     government of the country. Specifically, such resources shall 
     be used for--
       ``(A) direct support of programs under this subsection 
     through practitioner institutions that--
       ``(i) provide credit and other financial services to 
     entrepreneurs who are very poor, with loans in 1995 United 
     States dollars of--

       ``(I) $1,000 or less in the Europe and Eurasia region;
       ``(II) $400 or less in the Latin America region; and
       ``(III) $300 or less in the rest of the world; and

       ``(ii) can cover their costs in a reasonable time period; 
     or
       ``(B) demand-driven business development programs that 
     achieve reasonable cost recovery that are provided to clients 
     holding poverty loans (as defined by the regional poverty 
     loan limitations in subparagraph (A)(i)), whether they are 
     provided by microfinance institutions or by specialized 
     business development services providers.
       ``(4) Support for central mechanisms.--The President should 
     continue support for central mechanisms and missions, as 
     appropriate, that--
       ``(A) provide technical support for field missions;
       ``(B) strengthen the institutional development of the 
     intermediary organizations described in paragraph (2);

[[Page 21090]]

       ``(C) share information relating to the provision of 
     assistance authorized under paragraph (1) between such field 
     missions and intermediary organizations; and
       ``(D) support the development of nonprofit global 
     microfinance networks, including credit union systems, that--
       ``(i) are able to deliver very small loans through a 
     significant grassroots infrastructure based on market 
     principles; and
       ``(ii) act as wholesale intermediaries providing a range of 
     services to microfinance retail institutions, including 
     financing, technical assistance, capacity-building, and 
     safety and soundness accreditation.
       ``(5) Limitation.--Assistance provided under this 
     subsection may only be used to support microenterprise 
     programs and may not be used to support programs not directly 
     related to the purposes described in paragraph (1).
       ``(c) Monitoring System.--In order to maximize the 
     sustainable development impact of the assistance authorized 
     under subsection (b)(1), the Administrator of the agency 
     primarily responsible for administering this part shall 
     establish a monitoring system that--
       ``(1) establishes performance goals for such assistance and 
     expresses such goals in an objective and quantifiable form, 
     to the extent feasible;
       ``(2) establishes performance indicators to be used in 
     measuring or assessing the achievement of the goals and 
     objectives of such assistance;
       ``(3) provides a basis for recommendations for adjustments 
     to such assistance to enhance the sustainable development 
     impact of such assistance, particularly the impact of such 
     assistance on the very poor, particularly poor women; and
       ``(4) provides a basis for recommendations for adjustments 
     to measures for reaching the poorest of the poor, including 
     proposed legislation containing amendments to enhance the 
     sustainable development impact of such assistance, as 
     described in paragraph (3).
       ``(d) Level of Assistance.--Of the funds made available 
     under this part, the FREEDOM Support Act, and the Support for 
     East European Democracy (SEED) Act of 1989, including local 
     currencies derived from such funds, there are authorized to 
     be available $155,000,000 for each of the fiscal years 2001 
     and 2002, to carry out this section.
       ``(e) Definitions.--In this section:
       ``(1) Business development services.--The term `business 
     development services' means support for the growth of 
     microenterprises through training, technical assistance, 
     marketing assistance, improved production technologies, and 
     other services.
       ``(2) Microenterprise institution.--The term 
     `microenterprise institution' means an institution that 
     provides services, including microfinance, training, or 
     business development services, for microentrepreneurs.
       ``(3) Microfinance institution.--The term `microfinance 
     institution' means an institution that directly provides, or 
     works to expand, the availability of credit, savings, and 
     other financial services to microentrepreneurs.
       ``(4) Practitioner institution.--The term `practitioner 
     institution' means any institution that provides services, 
     including microfinance, training, or business development 
     services, for microentrepreneurs, or provides assistance to 
     microenterprise institutions.''.

     SEC. 106. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

       Section 108 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151f) is amended to read as follows:

     ``SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

       ``(a) Findings and Policy.--Congress finds and declares 
     that--
       ``(1) the development of micro- and small enterprises is a 
     vital factor in the stable growth of developing countries and 
     in the development and stability of a free, open, and 
     equitable international economic system; and
       ``(2) it is, therefore, in the best interests of the United 
     States to assist the development of the enterprises of the 
     poor in developing countries and to engage the United States 
     private sector in that process.
       ``(b) Program.--To carry out the policy set forth in 
     subsection (a), the President is authorized to provide 
     assistance to increase the availability of credit to micro- 
     and small enterprises lacking full access to credit, 
     including through--
       ``(1) loans and guarantees to credit institutions for the 
     purpose of expanding the availability of credit to micro- and 
     small enterprises;
       ``(2) training programs for lenders in order to enable them 
     to better meet the credit needs of microentrepreneurs; and
       ``(3) training programs for microentrepreneurs in order to 
     enable them to make better use of credit and to better manage 
     their enterprises.
       ``(c) Eligibility Criteria.--The Administrator of the 
     agency primarily responsible for administering this part 
     shall establish criteria for determining which credit 
     institutions described in subsection (b)(1) are eligible to 
     carry out activities, with respect to micro- and small 
     enterprises, assisted under this section. Such criteria may 
     include the following:
       ``(1) The extent to which the recipients of credit from the 
     entity do not have access to the local formal financial 
     sector.
       ``(2) The extent to which the recipients of credit from the 
     entity are among the poorest people in the country.
       ``(3) The extent to which the entity is oriented toward 
     working directly with poor women.
       ``(4) The extent to which the entity recovers its cost of 
     lending.
       ``(5) The extent to which the entity implements a plan to 
     become financially sustainable.
       ``(d) Additional Requirement.--Assistance provided under 
     this section may only be used to support micro- and small 
     enterprise programs and may not be used to support programs 
     not directly related to the purposes described in subsection 
     (b).
       ``(e) Procurement provision.--Assistance may be provided 
     under this section without regard to section 604(a).
       ``(f) Availability of Funds.--
       ``(1) In general.--Of the amounts authorized to be 
     available to carry out section 131, there are authorized to 
     be available $1,500,000 for each of fiscal years 2001 and 
     2002 to carry out this section.
       ``(2) Coverage of subsidy costs.--Amounts authorized to be 
     available under paragraph (1) shall be made available to 
     cover the subsidy cost, as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990, for activities under this 
     section.''.

     SEC. 107. UNITED STATES MICROFINANCE LOAN FACILITY.

       (a) In General.--Chapter 1 of part I of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended 
     by section 105 of this Act, is further amended by adding at 
     the end the following new section:

     ``SEC. 132. UNITED STATES MICROFINANCE LOAN FACILITY.

       ``(a) Establishment.--The Administrator is authorized to 
     establish a United States Microfinance Loan Facility (in this 
     section referred to as the `Facility') to pool and manage the 
     risk from natural disasters, war or civil conflict, national 
     financial crisis, or short-term financial movements that 
     threaten the long-term development of United States-supported 
     microfinance institutions.
       ``(b) Disbursements.--
       ``(1) In general.--The Administrator shall make 
     disbursements from the Facility to United States-supported 
     microfinance institutions to prevent the bankruptcy of such 
     institutions caused by--
       ``(A) natural disasters;
       ``(B) national wars or civil conflict; or
       ``(C) national financial crisis or other short-term 
     financial movements that threaten the long-term development 
     of United States-supported microfinance institutions.
       ``(2) Form of assistance.--Assistance under this section 
     shall be in the form of loans or loan guarantees for 
     microfinance institutions that demonstrate the capacity to 
     resume self-sustained operations within a reasonable time 
     period.
       ``(3) Congressional notification procedures.--During each 
     of the fiscal years 2001 and 2002, funds may not be made 
     available from the Facility until 15 days after notification 
     of the proposed availability of the funds has been provided 
     to the congressional committees specified in section 634A in 
     accordance with the procedures applicable to reprogramming 
     notifications under that section.
       ``(c) General Provisions.--
       ``(1) Policy provisions.--In providing the credit 
     assistance authorized by this section, the Administrator 
     should apply, as appropriate, the policy provisions in this 
     part that are applicable to development assistance 
     activities.
       ``(2) Default and procurement provisions.--
       ``(A) Default provision.--The provisions of section 620(q), 
     or any comparable provision of law, shall not be construed to 
     prohibit assistance to a country in the event that a private 
     sector recipient of assistance furnished under this section 
     is in default in its payment to the United States for the 
     period specified in such section.
       ``(B) Procurement provision.--Assistance may be provided 
     under this section without regard to section 604(a).
       ``(3) Terms and conditions of credit assistance.--
       ``(A) In general.--Credit assistance provided under this 
     section shall be offered on such terms and conditions, 
     including fees charged, as the Administrator may determine.
       ``(B) Limitation on principal amount of financing.--The 
     principal amount of loans made or guaranteed under this 
     section in any fiscal year, with respect to any single event, 
     may not exceed $30,000,000.
       ``(C) Exception.--No payment may be made under any 
     guarantee issued under this section for any loss arising out 
     of fraud or misrepresentation for which the party seeking 
     payment is responsible.
       ``(4) Full faith and credit.--All guarantees issued under 
     this section shall constitute obligations, in accordance with 
     the terms of such guarantees, of the United States of 
     America, and the full faith and credit of the United States 
     of America is hereby pledged for the full payment and 
     performance of such obligations to the extent of the 
     guarantee.
       ``(d) Funding.--
       ``(1) Allocation of funds.--Of the amounts made available 
     to carry out this part for the fiscal year 2001, up to 
     $5,000,000 may be made available for--
       ``(A) the subsidy cost, as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990, to carry out this section; 
     and
       ``(B) the administrative costs to carry out this section.
       ``(2) Relation to other funding.--Amounts made available 
     under paragraph (1) are in addition to amounts available 
     under any other provision of law to carry out this section.
       ``(e) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the agency

[[Page 21091]]

     primarily responsible for administering this part.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       ``(3) United states-supported microfinance institution.--
     The term `United States-supported microfinance institution' 
     means a financial intermediary that has received funds made 
     available under part I of this Act for fiscal year 1980 or 
     any subsequent fiscal year.''.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator of the United States 
     Agency for International Development shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report on the policies, rules, and 
     regulations of the United States Microfinance Loan Facility 
     established under section 132 of the Foreign Assistance Act 
     of 1961, as added by subsection (a).

     SEC. 108. REPORT RELATING TO FUTURE DEVELOPMENT OF 
                   MICROENTERPRISE INSTITUTIONS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the most 
     cost-effective methods and measurements for increasing the 
     access of poor people overseas to credit, other financial 
     services, and related training.
       (b) Contents.--The report described in subsection (a)--
       (1) shall include how the President, in consultation with 
     the Administrator of the United States Agency for 
     International Development, the Secretary of State, and the 
     Secretary of the Treasury, will develop a comprehensive 
     strategy for advancing the global microenterprise sector in a 
     way that maintains market principles while ensuring that the 
     very poor overseas, particularly women, obtain access to 
     financial services overseas;
       (2) shall provide guidelines and recommendations for--
       (A) instruments to assist microenterprise networks to 
     develop multi-country and regional microlending programs;
       (B) technical assistance to foreign governments, foreign 
     central banks, and regulatory entities to improve the policy 
     environment for microfinance institutions, and to strengthen 
     the capacity of supervisory bodies to supervise microfinance 
     institutions;
       (C) the potential for Federal chartering of United States-
     based international microfinance network institutions, 
     including proposed legislation;
       (D) instruments to increase investor confidence in 
     microfinance institutions which would strengthen the long-
     term financial position of the microfinance institutions and 
     attract capital from private sector entities and individuals, 
     such as a rating system for microfinance institutions and 
     local credit bureaus;
       (E) an agenda for integrating microfinance into United 
     States foreign policy initiatives seeking to develop and 
     strengthen the global finance sector; and
       (F) innovative instruments to attract funds from the 
     capital markets, such as instruments for leveraging funds 
     from the local commercial banking sector, and the 
     securitization of microloan portfolios; and
       (3) shall include a section that assesses the need for a 
     microenterprise accelerated growth fund and that includes--
       (A) a description of the benefits of such a fund;
       (B) an identification of which microenterprise institutions 
     might become eligible for assistance from such fund;
       (C) a description of how such a fund could be administered;
       (D) a recommendation on which agency or agencies of the 
     United States Government should administer the fund and 
     within which such agency the fund should be located; and
       (E) a recommendation on how soon it might be necessary to 
     establish such a fund in order to provide the support 
     necessary for microenterprise institutions involved in 
     microenterprise development.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on International Relations of the House 
     of Representatives and the Committee on Foreign Relations of 
     the Senate.

     SEC. 109. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
                   AS GLOBAL LEADER AND COORDINATOR OF BILATERAL 
                   AND MULTILATERAL MICROENTERPRISE ASSISTANCE 
                   ACTIVITIES.

       (a) Findings and Policy.--Congress finds and declares 
     that--
       (1) the United States can provide leadership to other 
     bilateral and multilateral development agencies as such 
     agencies expand their support to the microenterprise sector; 
     and
       (2) the United States should seek to improve coordination 
     among G-7 countries in the support of the microenterprise 
     sector in order to leverage the investment of the United 
     States with that of other donor nations.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Administrator of the United States Agency for 
     International Development and the Secretary of State should 
     seek to support and strengthen the effectiveness of 
     microfinance activities in United Nations agencies, such as 
     the United Nations Development Program (UNDP), which have 
     provided key leadership in developing the microenterprise 
     sector; and
       (2) the Secretary of the Treasury should instruct each 
     United States Executive Director of the multilateral 
     development banks (MDBs) to advocate the development of a 
     coherent and coordinated strategy to support the 
     microenterprise sector and an increase of multilateral 
     resource flows for the purposes of building microenterprise 
     retail and wholesale intermediaries.

     SEC. 110. SENSE OF CONGRESS ON CONSIDERATION OF MEXICO AS A 
                   KEY PRIORITY IN MICROENTERPRISE FUNDING 
                   ALLOCATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) An estimated 45,000,000 of Mexico's 100,000,000 
     population currently lives below the poverty line, accounting 
     for 20 percent of all poor in Latin America.
       (2) Mexico cannot create enough salaried jobs to absorb new 
     workers entering the labor force.
       (3) While many poor families depend on microenterprise 
     initiatives to generate a livelihood, the United States 
     Agency for International Development currently has 2 
     microcredit projects in Mexico, receiving less than one 
     percent of overall microenterprise funding in Latin America 
     and the Caribbean during the last decade.
       (4) Mexico's microenterprise activity has been constrained 
     because its financial institutions cannot expand financial 
     services to a larger clientele due to a lack of capital, 
     inefficient financial and administrative management, and a 
     lack of institutional support for microfinance institutions' 
     particular needs.
       (5) Mexican nongovernmental organizations, such as 
     Compartamos, have demonstrated competence in developing local 
     microfinance programs.
       (6) On July 2, 2000, Vicente Fox Quesada of the Alliance 
     for Change was elected President of the United Mexican 
     States.
       (7) The President-elect of Mexico has identified 
     entrepreneurship and the start-up of new microcredit 
     institutions as key economic priorities.
       (8) Microenterprise and entrepreneurial initiatives have 
     proven to be successful components of free market development 
     and economic stability.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) providing Mexico's poor with economic opportunity and 
     microfinance services is fundamental to Mexico's economic 
     development;
       (2) microenterprise can have a positive impact on Mexico's 
     free market development; and
       (3) the United States Agency for International Development 
     should consider Mexico as a key priority in its 
     microenterprise funding allocations.

TITLE II--INTERNATIONAL ANTI-CORRUPTION AND GOOD GOVERNANCE ACT OF 2000

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``International Anti-
     Corruption and Good Governance Act of 2000''.

     SEC. 202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Widespread corruption endangers the stability and 
     security of societies, undermines democracy, and jeopardizes 
     the social, political, and economic development of a society.
       (2) Corruption facilitates criminal activities, such as 
     money laundering, hinders economic development, inflates the 
     costs of doing business, and undermines the legitimacy of the 
     government and public trust.
       (3) In January 1997 the United Nations General Assembly 
     adopted a resolution urging member states to carefully 
     consider the problems posed by the international aspects of 
     corrupt practices and to study appropriate legislative and 
     regulatory measures to ensure the transparency and integrity 
     of financial systems.
       (4) The United States was the first country to criminalize 
     international bribery through the enactment of the Foreign 
     Corrupt Practices Act of 1977 and United States leadership 
     was instrumental in the passage of the Organization for 
     Economic Cooperation and Development (OECD) Convention on 
     Combatting Bribery of Foreign Public Officials in 
     International Business Transactions.
       (5) The Vice President, at the Global Forum on Fighting 
     Corruption in 1999, declared corruption to be a direct threat 
     to the rule of law and the Secretary of State declared 
     corruption to be a matter of profound political and social 
     consequence for our efforts to strengthen democratic 
     governments.
       (6) The Secretary of State, at the Inter-American 
     Development Bank's annual meeting in March 2000, declared 
     that despite certain economic achievements, democracy is 
     being threatened as citizens grow weary of the corruption and 
     favoritism of their official institutions and that efforts 
     must be made to improve governance if respect for democratic 
     institutions is to be regained.
       (7) In May 1996 the Organization of American States (OAS) 
     adopted the Inter-American Convention Against Corruption 
     requiring countries to provide various forms of international 
     cooperation and assistance to facilitate the prevention, 
     investigation, and prosecution of acts of corruption.
       (8) Independent media, committed to fighting corruption and 
     trained in investigative journalism techniques, can both 
     educate the public on the costs of corruption and act as a 
     deterrent against corrupt officials.
       (9) Competent and independent judiciary, founded on a 
     merit-based selection process and trained to enforce 
     contracts and protect property rights, is critical for 
     creating a predictable

[[Page 21092]]

     and consistent environment for transparency in legal 
     procedures.
       (10) Independent and accountable legislatures, responsive 
     political parties, and transparent electoral processes, in 
     conjunction with professional, accountable, and transparent 
     financial management and procurement policies and procedures, 
     are essential to the promotion of good governance and to the 
     combat of corruption.
       (11) Transparent business frameworks, including modern 
     commercial codes and intellectual property rights, are vital 
     to enhancing economic growth and decreasing corruption at all 
     levels of society.
       (12) The United States should attempt to improve 
     accountability in foreign countries, including by--
       (A) promoting transparency and accountability through 
     support for independent media, promoting financial disclosure 
     by public officials, political parties, and candidates for 
     public office, open budgeting processes, adequate and 
     effective internal control systems, suitable financial 
     management systems, and financial and compliance reporting;
       (B) supporting the establishment of audit offices, 
     inspectors general offices, third party monitoring of 
     government procurement processes, and anti-corruption 
     agencies;
       (C) promoting responsive, transparent, and accountable 
     legislatures that ensure legislative oversight and whistle-
     blower protection;
       (D) promoting judicial reforms that criminalize corruption 
     and promoting law enforcement that prosecutes corruption;
       (E) fostering business practices that promote transparent, 
     ethical, and competitive behavior in the private sector 
     through the development of an effective legal framework for 
     commerce, including anti-bribery laws, commercial codes that 
     incorporate international standards for business practices, 
     and protection of intellectual property rights; and
       (F) promoting free and fair national, state, and local 
     elections.
       (b) Purpose.--The purpose of this title is to ensure that 
     United States assistance programs promote good governance by 
     assisting other countries to combat corruption throughout 
     society and to improve transparency and accountability at all 
     levels of government and throughout the private sector.

     SEC. 203. DEVELOPMENT ASSISTANCE POLICY.

       (a) General Policy.--Section 101(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the 
     fifth sentence--
       (1) by striking ``four'' and inserting ``five'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) the promotion of good governance through combating 
     corruption and improving transparency and accountability.''.
       (b) Development Assistance Policy.--Section 102(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is 
     amended--
       (1) in paragraph (4)--
       (A) by striking ``and'' at the end of subparagraph (E);
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) progress in combating corruption and improving 
     transparency and accountability in the public and private 
     sector.''; and
       (2) by adding at the end the following:
       ``(17) Economic reform and development of effective 
     institutions of democratic governance are mutually 
     reinforcing. The successful transition of a developing 
     country is dependent upon the quality of its economic and 
     governance institutions. Rule of law, mechanisms of 
     accountability and transparency, security of person, 
     property, and investments, are but a few of the critical 
     governance and economic reforms that underpin the 
     sustainability of broad-based economic growth. Programs in 
     support of such reforms strengthen the capacity of people to 
     hold their governments accountable and to create economic 
     opportunity.''.

     SEC. 204. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE 
                   PROGRAM FOR DEVELOPING COUNTRIES.

       Section 129(b) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151aa(b)) is amended by adding at the end the 
     following:
       ``(3) Emphasis on anti-corruption.--Such technical 
     assistance shall include elements designed to combat anti-
     competitive, unethical, and corrupt activities, including 
     protection against actions that may distort or inhibit 
     transparency in market mechanisms and, to the extent 
     applicable, privatization procedures.''.

     SEC. 205. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.

       (a) In General.--Chapter 1 of part I of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended 
     by sections 105 and 107, is further amended by adding at the 
     end the following:

     ``SEC. 133. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

       ``(a) Establishment of Programs.--
       ``(1) In general.--The President is authorized to establish 
     programs that combat corruption, improve transparency and 
     accountability, and promote other forms of good governance in 
     countries described in paragraph (2).
       ``(2) Countries described.--A country described in this 
     paragraph is a country that is eligible to receive assistance 
     under this part (including chapter 4 of part II of this Act) 
     or the Support for East European Democracy (SEED) Act of 
     1989.
       ``(3) Priority.--In carrying out paragraph (1), the 
     President shall give priority to establishing programs in 
     countries that received a significant amount of United States 
     foreign assistance for the prior fiscal year, or in which the 
     United States has a significant economic interest, and that 
     continue to have the most persistent problems with public and 
     private corruption. In determining which countries have the 
     most persistent problems with public and private corruption 
     under the preceding sentence, the President shall take into 
     account criteria such as the Transparency International 
     Annual Corruption Perceptions Index, standards and codes set 
     forth by the International Bank for Reconstruction and 
     Development and the International Monetary Fund, and other 
     relevant criteria.
       ``(4) Relation to other laws.--
       ``(A) In general.--Assistance provided for countries under 
     programs established pursuant to paragraph (1) may be made 
     available notwithstanding any other provision of law that 
     restricts assistance to foreign countries. Assistance 
     provided under a program established pursuant to paragraph 
     (1) for a country that would otherwise be restricted from 
     receiving such assistance but for the preceding sentence may 
     not be provided directly to the government of the country.
       ``(B) Exception.--Subparagraph (A) does not apply with 
     respect to--
       ``(i) section 620A of this Act or any comparable provision 
     of law prohibiting assistance to countries that support 
     international terrorism; or
       ``(ii) section 907 of the Freedom for Russia and Emerging 
     Eurasian Democracies and Open Markets Support Act of 1992.
       ``(b) Specific Projects and Activities.--The programs 
     established pursuant to subsection (a) shall include, to the 
     extent appropriate, projects and activities that--
       ``(1) support responsible independent media to promote 
     oversight of public and private institutions;
       ``(2) implement financial disclosure among public 
     officials, political parties, and candidates for public 
     office, open budgeting processes, and transparent financial 
     management systems;
       ``(3) support the establishment of audit offices, 
     inspectors general offices, third party monitoring of 
     government procurement processes, and anti-corruption 
     agencies;
       ``(4) promote responsive, transparent, and accountable 
     legislatures and local governments that ensure legislative 
     and local oversight and whistle-blower protection;
       ``(5) promote legal and judicial reforms that criminalize 
     corruption and law enforcement reforms and development that 
     encourage prosecutions of criminal corruption;
       ``(6) assist in the development of a legal framework for 
     commercial transactions that fosters business practices that 
     promote transparent, ethical, and competitive behavior in the 
     economic sector, such as commercial codes that incorporate 
     international standards and protection of intellectual 
     property rights;
       ``(7) promote free and fair national, state, and local 
     elections;
       ``(8) foster public participation in the legislative 
     process and public access to government information; and
       ``(9) engage civil society in the fight against corruption.
       ``(c) Conduct of Projects and Activities.--Projects and 
     activities under the programs established pursuant to 
     subsection (a) may include, among other things, training and 
     technical assistance (including drafting of anti-corruption, 
     privatization, and competitive statutory and administrative 
     codes), drafting of anti-corruption, privatization, and 
     competitive statutory and administrative codes, support for 
     independent media and publications, financing of the program 
     and operating costs of nongovernmental organizations that 
     carry out such projects or activities, and assistance for 
     travel of individuals to the United States and other 
     countries for such projects and activities.
       ``(d) Annual Report.--
       ``(1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce and the Administrator of the 
     United States Agency for International Development, shall 
     prepare and transmit to the Committee on International 
     Relations and the Committee on Appropriations of the House of 
     Representatives and the Committee on Foreign Relations and 
     the Committee on Appropriations of the Senate an annual 
     report on--
       ``(A) projects and activities carried out under programs 
     established under subsection (a) for the prior year in 
     priority countries identified pursuant to subsection (a)(3); 
     and
       ``(B) projects and activities carried out under programs to 
     combat corruption, improve transparency and accountability, 
     and promote other forms of good governance established under 
     other provisions of law for the prior year in such countries.
       ``(2) Required contents.--The report required by paragraph 
     (1) shall contain the following information with respect to 
     each country described in paragraph (1):
       ``(A) A description of all United States Government-funded 
     programs and initiatives to combat corruption and improve 
     transparency and accountability in the country.
       ``(B) A description of United States diplomatic efforts to 
     combat corruption and improve transparency and accountability 
     in the country.
       ``(C) An analysis of major actions taken by the government 
     of the country to combat corruption and improve transparency 
     and accountability in the country.

[[Page 21093]]

       ``(e) Funding.--Amounts made available to carry out the 
     other provisions of this part (including chapter 4 of part II 
     of this Act) and the Support for East European Democracy 
     (SEED) Act of 1989 shall be made available to carry out this 
     section.''.
       (b) Deadline for Initial Report.--The initial annual report 
     required by section 133(d)(1) of the Foreign Assistance Act 
     of 1961, as added by subsection (a), shall be transmitted not 
     later than 180 days after the date of the enactment of this 
     Act.

       TITLE III--INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``International Academic 
     Opportunity Act of 2000''.

     SEC. 302. STATEMENT OF PURPOSE.

       It is the purpose of this title to establish an 
     undergraduate grant program for students of limited financial 
     means from the United States to enable such students to study 
     abroad. Such foreign study is intended to broaden the outlook 
     and better prepare such students of demonstrated financial 
     need to assume significant roles in the increasingly global 
     economy.

     SEC. 303. ESTABLISHMENT OF GRANT PROGRAM FOR FOREIGN STUDY BY 
                   AMERICAN COLLEGE STUDENTS OF LIMITED FINANCIAL 
                   MEANS.

       (a) Establishment.--Subject to the availability of 
     appropriations and under the authorities of the Mutual 
     Educational and Cultural Exchange Act of 1961, the Secretary 
     of State shall establish and carry out a program in each 
     fiscal year to award grants of up to $5,000, to individuals 
     who meet the requirements of subsection (b), toward the cost 
     of up to one academic year of undergraduate study abroad. 
     Grants under this Act shall be known as the ``Benjamin A. 
     Gilman International Scholarships''.
       (b) Eligibility.--An individual referred to in subsection 
     (a) is an individual who--
       (1) is a student in good standing at an institution of 
     higher education in the United States (as defined in section 
     101(a) of the Higher Education Act of 1965);
       (2) has been accepted for up to one academic year of study 
     on a program of study abroad approved for credit by the 
     student's home institution;
       (3) is receiving any need-based student assistance under 
     title IV of the Higher Education Act of 1965; and
       (4) is a citizen or national of the United States.
       (c) Application and Selection.--
       (1) Grant application and selection shall be carried out 
     through accredited institutions of higher education in the 
     United States or a combination of such institutions under 
     such procedures as are established by the Secretary of State.
       (2) In considering applications for grants under this 
     section--
       (A) consideration of financial need shall include the 
     increased costs of study abroad; and
       (B) priority consideration shall be given to applicants who 
     are receiving Federal Pell Grants under title IV of the 
     Higher Education Act of 1965.

     SEC. 304. REPORT TO CONGRESS.

       The Secretary of State shall report annually to the 
     Congress concerning the grant program established under this 
     title. Each such report shall include the following 
     information for the preceding year:
       (1) The number of participants.
       (2) The institutions of higher education in the United 
     States that participants attended.
       (3) The institutions of higher education outside the United 
     States participants attended during their study abroad.
       (4) The areas of study of participants.

     SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $1,500,000 for each 
     fiscal year to carry out this title.

     SEC. 306. EFFECTIVE DATE.

       This title shall take effect October 1, 2000.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. SUPPORT FOR OVERSEAS COOPERATIVE DEVELOPMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``Support for Overseas Cooperative Development Act''.
       (b) Findings.--The Congress makes the following findings:
       (1) It is in the mutual economic interest of the United 
     States and peoples in developing and transitional countries 
     to promote cooperatives and credit unions.
       (2) Self-help institutions, including cooperatives and 
     credit unions, provide enhanced opportunities for people to 
     participate directly in democratic decision-making for their 
     economic and social benefit through ownership and control of 
     business enterprises and through the mobilization of local 
     capital and savings and such organizations should be fully 
     utilized in fostering free market principles and the adoption 
     of self-help approaches to development.
       (3) The United States seeks to encourage broad-based 
     economic and social development by creating and supporting--
       (A) agricultural cooperatives that provide a means to lift 
     low income farmers and rural people out of poverty and to 
     better integrate them into national economies;
       (B) credit union networks that serve people of limited 
     means through safe savings and by extending credit to 
     families and microenterprises;
       (C) electric and telephone cooperatives that provide rural 
     customers with power and telecommunications services 
     essential to economic development;
       (D) housing and community-based cooperatives that provide 
     low income shelter and work opportunities for the urban poor; 
     and
       (E) mutual and cooperative insurance companies that provide 
     risk protection for life and property to under-served 
     populations often through group policies.
       (c) General Provisions.--
       (1) Declarations of policy.--The Congress supports the 
     development and expansion of economic assistance programs 
     that fully utilize cooperatives and credit unions, 
     particularly those programs committed to--
       (A) international cooperative principles, democratic 
     governance and involvement of women and ethnic minorities for 
     economic and social development;
       (B) self-help mobilization of member savings and equity and 
     retention of profits in the community, except for those 
     programs that are dependent on donor financing;
       (C) market-oriented and value-added activities with the 
     potential to reach large numbers of low income people and 
     help them enter into the mainstream economy;
       (D) strengthening the participation of rural and urban poor 
     to contribute to their country's economic development; and
       (E) utilization of technical assistance and training to 
     better serve the member-owners.
       (2) Development priorities.--Section 111 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151i) is amended by adding 
     at the end the following: ``In meeting the requirement of the 
     preceding sentence, specific priority shall be given to the 
     following:
       ``(1) Agriculture.--Technical assistance to low income 
     farmers who form and develop member-owned cooperatives for 
     farm supplies, marketing and value-added processing.
       ``(2) Financial systems.--The promotion of national credit 
     union systems through credit union-to-credit union technical 
     assistance that strengthens the ability of low income people 
     and micro-entrepreneurs to save and to have access to credit 
     for their own economic advancement.
       ``(3) Infrastructure.--The support of rural electric and 
     telecommunication cooperatives for access for rural people 
     and villages that lack reliable electric and 
     telecommunications services.
       ``(4) Housing and community services.--The promotion of 
     community-based cooperatives which provide employment 
     opportunities and important services such as health clinics, 
     self-help shelter, environmental improvements, group-owned 
     businesses, and other activities.''.
       (d) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the United States 
     Agency for International Development, in consultation with 
     the heads of other appropriate agencies, shall prepare and 
     submit to Congress a report on the implementation of section 
     111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), 
     as amended by subsection (c).

     SEC. 402. FUNDING OF CERTAIN ENVIRONMENTAL ASSISTANCE 
                   ACTIVITIES OF USAID.

       (a) Allocation of Funds for Certain Environmental 
     Activities.--Of the amounts authorized to be appropriated for 
     the fiscal year 2001 to carry out chapter 1 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; 
     relating to development assistance), there is authorized to 
     be available at least $60,200,000 to carry out activities of 
     the type carried out by the Global Environment Center of the 
     United States Agency for International Development during 
     fiscal year 2000.
       (b) Allocation for Water and Coastal Resources.--Of the 
     amounts made available under subsection (a), at least 
     $2,500,000 shall be available for water and coastal resources 
     activities under the natural resources management function 
     specified in that subsection.

     SEC. 403. PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF 
                   HUMANITARIAN ASSISTANCE ABROAD BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Priority for Disaster Relief Assistance.--In processing 
     applications for the transportation of humanitarian 
     assistance abroad under section 402 of title 10, United 
     States Code, the Administrator of the United States Agency 
     for International Development shall afford a priority to 
     applications for the transportation of disaster relief 
     assistance.
       (b) Modification of Applications.--The Administrator of the 
     United States Agency for International Development shall take 
     all possible actions to assist applicants for the 
     transportation of humanitarian assistance abroad under such 
     section 402 in modifying or completing applications submitted 
     under such section in order to meet applicable requirements 
     under such section. The actions shall include efforts to 
     contact such applicants for purposes of the modification or 
     completion of such applications.

     SEC. 404. WORKING CAPITAL FUND.

       Section 635 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2395) is amended by adding at the end the following 
     new subsection:
       ``(m)(1) There is established a working capital fund (in 
     this subsection referred to as the `fund') for the United 
     States Agency for International Development (in this 
     subsection referred to as the `Agency') which shall be 
     available without fiscal year limitation for the expenses of 
     personal and nonpersonal services, equipment, and supplies 
     for--
       ``(A) International Cooperative Administrative Support 
     Services; and
       ``(B) rebates from the use of United States Government 
     credit cards.

[[Page 21094]]

       ``(2) The capital of the fund shall consist of--
       ``(A) the fair and reasonable value of such supplies, 
     equipment, and other assets pertaining to the functions of 
     the fund as the Administrator determines,
       ``(B) rebates from the use of United States Government 
     credit cards, and
       ``(C) any appropriations made available for the purpose of 
     providing capital,
     minus related liabilities.
       ``(3) The fund shall be reimbursed or credited with advance 
     payments for services, equipment, or supplies provided from 
     the fund from applicable appropriations and funds of the 
     Agency, other Federal agencies and other sources authorized 
     by section 607 at rates that will recover total expenses of 
     operation, including accrual of annual leave and 
     depreciation. Receipts from the disposal of, or payments for 
     the loss or damage to, property held in the fund, rebates, 
     reimbursements, refunds and other credits applicable to the 
     operation of the fund may be deposited in the fund.
       ``(4) At the close of each fiscal year the Administrator of 
     the Agency shall transfer out of the fund to the 
     miscellaneous receipts account of the Treasury of the United 
     States such amounts as the Administrator determines to be in 
     excess of the needs of the fund.
       ``(5) The fund may be charged with the current value of 
     supplies and equipment returned to the working capital of the 
     fund by a post, activity, or agency, and the proceeds shall 
     he credited to current applicable appropriations.''.

     SEC. 405. INCREASE IN AUTHORIZED NUMBER OF EMPLOYEES AND 
                   REPRESENTATIVES OF THE UNITED STATES MISSION TO 
                   THE UNITED NATIONS PROVIDED LIVING QUARTERS IN 
                   NEW YORK.

       Section 9(2) of the United Nations Participation Act of 
     1945 (22 U.S.C. 287e-1(2)) is amended by striking ``18'' and 
     inserting ``30''.

     SEC. 406. AVAILABILITY OF VOA AND RADIO MARTI MULTILINGUAL 
                   COMPUTER READABLE TEXT AND VOICE RECORDINGS.

       Section 1(b) of Public Law 104-269 (110 Stat. 3300) is 
     amended by striking ``5 years'' and inserting ``10 years''.

     SEC. 407. AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF 
                   AMERICA.

       (a) Authority.--
       (1) In general.--Subject to the provisions of this section, 
     the Broadcasting Board of Governors (in this section referred 
     to as the ``Board'') is authorized to make available to the 
     Institute for Media Development (in this section referred to 
     as the ``Institute''), at the request of the Institute, 
     previously broadcast audio and video materials produced by 
     the Africa Division of the Voice of America.
       (2) Deposit of materials.--Upon the request of the 
     Institute and the approval of the Board, materials made 
     available under paragraph (1) may be deposited with the 
     University of California, Los Angeles, or such other 
     appropriate institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) that is approved by the Board for such purpose.
       (3) Supersedes existing law.--Materials made available 
     under paragraph (1) may be provided notwithstanding section 
     501 of the United States Information and Educational Exchange 
     Act of 1948 (22 U.S.C. 1461) and section 208 of the Foreign 
     Relations Authorization Act, Fiscal Years 1986 and 1987 (22 
     U.S.C. 1461-1a).
       (b) Limitations.--
       (1) Authorized purposes.--Materials made available under 
     this section shall be used only for academic and research 
     purposes and may not be used for public or commercial 
     broadcast purposes.
       (2) Prior agreement required.--Before making available 
     materials under subsection (a)(1), the Board shall enter into 
     an agreement with the Institute providing for--
       (A) reimbursement of the Board for any expenses involved in 
     making such materials available;
       (B) the establishment of guidelines by the Institute for 
     the archiving and use of the materials to ensure that 
     copyrighted works contained in those materials will not be 
     used in a manner that would violate the copyright laws of the 
     United States (including international copyright conventions 
     to which the United States is a party);
       (C) the indemnification of the United States by the 
     Institute in the event that any use of the materials results 
     in violation of the copyright laws of the United States 
     (including international copyright conventions to which the 
     United States is a party);
       (D) the authority of the Board to terminate the agreement 
     if the provisions of paragraph (1) are violated; and
       (E) any other terms and conditions relating to the 
     materials that the Board considers appropriate.
       (c) Crediting of Reimbursements to Board Appropriations 
     Account.--Any reimbursement of the Board under subsection (b) 
     shall be deposited as an offsetting collection to the 
     currently applicable appropriation account of the Board.
       (d) Termination of Authority.--The authority provided under 
     this section shall cease to have effect on the date that is 5 
     years after the date of enactment of this Act.

     SEC. 408. PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000.

       (a) Short Title.--This section may be cited as the ``Paul 
     D. Coverdell Fellows Program Act of 2000''.
       (b) Findings.--Congress makes the following findings:
       (1) Paul D. Coverdell was elected to the George State 
     Senate in 1970 and later became Minority Leader of the 
     Georgia State Senate, a post he held for 15 years.
       (2) Paul D. Coverdell served with distinction as the 11th 
     Director of the Peace Corps from 1989 to 1991, where he 
     promoted a fellowship program that was composed of returning 
     Peace Corps volunteers who agreed to work in underserved 
     American communities while they pursued educational degrees.
       (3) Paul D. Coverdell served in the United States Senate 
     from the State of Georgia from 1993 until his sudden death on 
     July 18, 2000.
       (4) Senator Paul D. Coverdell was beloved by his colleagues 
     for his civility, bipartisan efforts, and his dedication to 
     public service.
       (c) Designation of Paul D. Coverdell Fellows Program.--
       (1) In general.--Effective on the date of enactment of this 
     Act, the program under section 18 of the Peace Corps Act (22 
     U.S.C. 2517) referred to before such date as the ``Peace 
     Corps Fellows/USA Program'' is redesignated as the ``Paul D. 
     Coverdell Fellows Program''.
       (2) References.--Any reference before the date of enactment 
     of this Act in any law, regulation, order, document, record, 
     or other paper of the United States to the Peace Corps 
     Fellows/USA Program shall, on and after such date, be 
     considered to refer to the Paul D. Coverdell Fellows Program.

  Mr. GILMAN (during the reading). Mr. Speaker, I ask unanimous consent 
that the Senate amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from New York?
  Mr. GEJDENSON. Mr. Speaker, I reserve the right to object.
  Mr. Speaker, I will not object. I just take the time to spend one 
moment to commend the chairman and the conferees on this important 
piece of legislation. It was not long ago that the chairman and I and 
the First Lady, Hillary Rodham Clinton, joined together to continue 
this effort to make microenterprise a central element of our foreign 
assistance. I want to say that the chairman has done an outstanding job 
in continuing that effort.
  I yield to the gentleman from New York for any comments he might 
make.
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding and I 
thank the gentleman from Connecticut who has been a cosponsor of this 
measure for being so supportive of this measure.
  I am pleased today to ask our colleagues to support H.R. 1143, the 
Microenterprise for Self-Reliance and International Anti-Corruption Act 
of 2000.
  Mr. Speaker, the House passed H.R. 1143, the Microenterprise of Self-
Reliance Act, in 1999 to increase support for the very important work 
of microenterprise institutions the world over who produce tangible 
results and change the lives of thousands of poor people in developing 
societies.
  This landmark bill not only honors the fine organizations and leaders 
who promote private enterprise and development efforts throughout the 
world in furtherance of our country's objective of helping those who 
help themselves, but also serves to place a higher priority on 
microenterprise programs as an essential component of our development 
assistance.
  This bill is designed to provide a framework for the delivery of seed 
capital to poor entrepreneurs who are the backbone of the informal 
economies in developing countries. By strengthening micro enterprises, 
more income is generated and jobs are created at the grassroots level. 
Hence, poor economies grow and the need for foreign development 
assistance declines.
  In Africa, more than 80 percent of employment is generated in the 
informal sector by the self-employed poor. However, many poor 
entrepreneurs are trapped in poverty because they cannot obtain credit 
at reasonable rates to build their asset base or expand their otherwise 
viable self-employment activities.
  The microenterprise community has clearly demonstrated that the poor 
are capable of expanding their incomes and their businesses 
dramatically when they can access micro-loans at reasonable rates. H.R. 
1143, authorizes programs that can reach these poor people who want to 
help themselves and thereby help to build their societies.
  To date, many fine organizations such as the Foundation for 
International Community Assistance, Action International, and 
Opportunities International have built fine records that illustrate 
that lending directly to the poor is a good investment and that poor 
people can do repay their loans and build successful businesses.
  Mr. Speaker, Microenterprise institutions not only reduce poverty, 
but they also reduce dependency and enhance self-worth. These are

[[Page 21095]]

ultimately the objectives that we all wish to achieve in the developing 
world.
  I am pleased to highlight that microenterprise institutions are very 
successful in raising private funds in conjunction with those provided 
by our government. These efforts are commendable and should be 
replicated in other foreign assistance programs as well. It is 
precisely this approach of having the private and public sectors 
working together that will yield the results and genuine development 
that we all seek for the less fortunate of the globe.
  By providing access to micro credit to the world's poor, our country 
stimulates the entrepreneurial spirit and helps to develop and 
stimulate the informal economies of some of the world's poorest 
countries. This investment, rather than a hand out, makes good sense 
and makes a true difference in the lives of the less fortunate.
  Mr. Speaker, I wish to thank the microenterprise community, 
especially the Microenterprise Coalition, including FINCA, Action 
International, and Results for their constructive suggestions and 
assistance. I am also grateful for the assistance provided by the 
Administration and the staff of the Senate Foreign Relations Committee.
  Mr. GEJDENSON. Reclaiming my time under my reservation, if I could 
just add, also, I would like to thank the gentleman from Arizona (Mr. 
Kolbe), the gentlewoman from Florida (Ms. Ros-Lehtinen) and the 
chairman, as well, for their work on the anti-corruption portions of 
this conference report. This is an important piece of legislation. 
America has lost as much as $26 billion to foreign bribes. We have now 
got our G-8 partners joining with us to fight corruption and bribery. 
This legislation will help build strong democracies globally.
  Over the past five years, U.S. firms overseas lost nearly $26 billion 
in business opportunities to foreign competitors offering bribes.
  Unethical business practices continue to jeopardize our ability to 
compete effectively in the international market.
  Bribery and other forms of corruption impede governments in their 
efforts to deliver basic services to their citizens; they undermine the 
confidence of people in democracy; and they are all too often linked 
with trans-border criminal activity, including drug-trafficking, 
organized crime, and money laundering.
  In 1999, the Vice President convened a Global Conference on Fighting 
Corruption where he declared corruption to be a direct threat to the 
rule of law and a matter of profound political and social consequence 
for our efforts to strengthen democratic governments.
  It is inarguably in the U.S. national interest to fight corruption 
and promote transparency and good governance.
  My bill will make anti-corruption measures a key principle of our 
foreign aid program.
  By helping these countries root out corruption, bribery and unethical 
business practices, we can also help create a level playing field for 
U.S. companies doing business abroad.
  When Congress passed the Foreign Corrupt Practices Act in 1977, the 
United States became the first industrialized country to criminalize 
corruption. It took us nearly two decades to get all the other 
industrialized nations to do the same. But American leadership and 
perseverance succeeded in getting countries which once offered tax 
write-offs for bribes to pass laws that criminalized bribery.
  This bill extends our leadership in fighting corruption to the 
developing countries.
  The International Anti-Corruption and Good Governance Act of 2000 
requires that foreign assistance be used to fight corruption at all 
levels of government and in the private sector in countries that have 
persistent problems with corruption, particularly where the United 
States has a significant economic interest.
  The bill would also require an annual report on U.S. efforts in 
fighting corruption in those countries which have the most persistent 
problems. My intent in requiring this report is to get from the 
Administration a comprehensive look at all U.S. efforts--diplomatic as 
well as through our foreign aid program--in those 15-20 countries where 
we have a significant economic interest or a substantial foreign aid 
program and where there is a persistent problem with corruption.
  This bill makes an important contribution to pro-actively preventing 
crises that would result from stifled economic growth, lack of foreign 
investment, and erosion of the public's trust in government.
  Among other things, the act establishes anti-corruption and good 
governance programs as priorities within our foreign assistance 
programs. The act underscores the importance of our efforts to combat 
corruption and promote good governance overseas.
  It will also allow administrations some flexibility in those 
relatively rare circumstances where developments on the ground, such as 
a coup or an economic crisis, would otherwise restrict it from acting 
through nongovernmental organizations.
  Thus, provisions of law that would otherwise restrict assistance to 
foreign countries are made inapplicable, with certain exceptions, to 
assistance provided in furtherance of this act. Assistance that would 
have been prohibited except for this authority cannot be provided 
directly to the government of such a country, but can be provided to 
the government through grants and contracts with nongovernmental 
organizations.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from New York?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________



                             SPECIAL ORDERS

  The SPEAKER pro tempore (Mr. Quinn). Without prejudice to the 
possible resumption of legislative business and under the Speaker's 
announced policy of January 6, 1999, and under a previous order of the 
House, the following Members will be recognized for 5 minutes each.

                          ____________________



                         FEDERAL RESERVE NOTES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Washington (Mr. Metcalf) is recognized for 5 minutes.
  Mr. METCALF. Mr. Speaker, I am certain that U.S. citizens would be 
furious if they realized that each person pays $100 each year to the 
Federal Reserve to rent the paper money we use. Why do we each pay $100 
for the privilege of using Federal Reserve notes when we could use 
United States Treasury currency with no cost at all? If we issued our 
paper money the same way that we issue our coins, we could reduce the 
national debt by $600 billion and eliminate $30 billion out of annual 
payments, interest payments on the Treasury bonds, interest on the U.S. 
Treasury bonds held by the Federal Reserve supposedly to back the 
currency.
  The Federal Reserve notes we use are technically liabilities of the 
Fed. It would be easy to fix this badly broken system. Congress need 
only pass a law declaring that all Federal Reserve notes are officially 
United States Treasury currency. This would relieve the Fed of all 
liability for our paper money, and they would then be required to 
return the bonds that they have held as backing for our currency 
presently.
  We owe it to the citizens of our country to make every effort to 
reduce this foolish and costly burden.

                          ____________________



  COMMENDING IDAHO STUDENTS FOR TAKING THE PLEDGE TO SAVE OUR SCHOOLS 
                             FROM VIOLENCE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Idaho (Mr. Simpson) is recognized for 5 minutes.
  Mr. SIMPSON. Mr. Speaker, tragic events often imprint on our minds 
vivid memories. Most Americans remember exactly where they were when 
President John F. Kennedy was killed or when the Challenger spaceship 
exploded. I believe Americans will remember where they were when two 
high school students in Littleton, Colorado, killed 13 innocent people.
  As the Representative for Idaho's Second Congressional District, I 
clearly remember when I learned of the Columbine massacre. I was voting 
on a series of bills when a member of my staff pulled me to the 
television. I watched as students ran out of the school accompanied by 
SWAT teams. I witnessed a young man breaking a second store library 
window and falling into a fireman's arms in order to escape the 
rampage. These images will haunt America forever.
  Unfortunately, school violence is too common today. In 1940, public 
school teachers ranked the top seven disciplinary problems in public 
schools. They were talking out of turn, chewing gum, making noise, 
running in the hall, cutting in line, dress code violations and 
littering. In 1990, the problems had

[[Page 21096]]

changed to drug and alcohol abuse, pregnancy, suicide, rape, robbery 
and assault. In the last 12 months alone the number of children 
bringing weapons to schools in Idaho is up more than 25 percent. Our 
problems have changed significantly and so must our solutions.
  After the Columbine tragedy, I decided a dialogue must begin on the 
local level to bring about positive change rather than focusing on 
Federal legislation. I organized three town hall meetings in my 
district called Saving Our Schools, or SOS meetings. I invited the 
student body presidents to participate in a panel about school 
violence. Each president from the surrounding schools also signed an 
antiviolence pledge that they took back to their high schools.
  Today, it is my pleasure to report that more than 5,000 students from 
over 40 Idaho high schools in my district took the pledge. The pledge 
reads: ``I pledge to keep my school and community safe by never using 
violence to solve my disagreements and taking personal responsibility 
for my actions.'' Some of those Idaho high schools include Aberdeen 
High School, Blackfoot High School from which I graduated, Buhl, 
Burley, Butte, Castleford, Firth, and on and on.
  The maturity and perception of the students during the town hall 
meetings and assemblies impressed me. Idaho holds top-notch students 
who care about their schools. School violence is not going away, and 
there is not just one answer. But my hope is that schools and 
communities will look for answers tailored to their needs to ensure 
schools are places of learning, not of fear.
  I encourage my colleagues to initiate similar dialogues with the 
students, parents and school officials in the communities of their 
districts before tragedy strikes, not after. As we begin another school 
year, I hope my House colleagues will urge the students in their 
districts to take the pledge against violence in our Nation's schools.

                          ____________________



                           PRESCRIPTION DRUGS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Michigan (Ms. Stabenow) is recognized for 5 minutes.
  Ms. STABENOW. Mr. Speaker, on April 12, I led an hour of debate of 
prescription drug coverage for senior citizens. I read three letters 
from around the state from seniors who shared their personal stories. 
On the 12th, I made a commitment to continue to read a different letter 
every week until the House enacts reform. That was six months ago. 
Although the House passed a prescription drug bill this summer, I 
believe it will not help most seniors. So, I will continue to read 
letters until Congress enacts a real Medicare prescription drug 
benefit. This week, I will read a letter from Harriet Simmons of 
Detroit, Michigan.
  Text of the letter:

       Dear Congresswoman Stabenow: I am writing to express my 
     concern over the escalating cost of prescription drugs for 
     seniors. As a senior myself, I must take the medicines 
     prescribed by my doctor to maintain my health. The cost of 
     these drugs can rise from month to month. Sometimes, I have 
     had to purchase half of my medicine or take less so it will 
     last longer.
       The Michigan Emergency Pharmaceutical Program for Seniors 
     provides temporary help for 3 months out of the year if you 
     qualify. But, what are we to do the remaining 9 months? Many 
     seniors are too young or just above the income guidelines to 
     qualify. We need help in obtaining our prescriptions for the 
     above cited reasons. I support your efforts to lower the cost 
     of drugs for seniors.
       I would like to add: We are senior citizens today but 
     yesterday we were active, tax paying citizens. Don't mistreat 
     us now. We need protection.
           Sincerely,
                                                 Harriett Simmons.

  Harriet deserves a genuine Medicare prescription drug benefit. Time 
is running out to do something in this Congress. We must enact real 
prescription drug reform before we adjourn.

                          ____________________



                        SOCIAL SECURITY SOLVENCY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Smith) is recognized for 5 minutes.
  Mr. SMITH of Michigan. Mr. Speaker, this is good news, I think, for 
people that are concerned with Social Security. Social Security is one 
of America's most important programs. I think we have missed a great 
opportunity in the last 8 years not to develop the kind of policy 
changes in Social Security that will for sure keep it solvent. Now it 
is part of the great debate, and I think it is important that we all 
understand a little better how the Social Security program works. 
Social Security benefits are a guaranteed act; and the fact is, is that 
there is going not to be enough money coming in from the payroll tax to 
pay benefits without some changes. The big change is a better return on 
the investments.
  When Franklin Roosevelt created the Social Security program over 6 
decades ago, he wanted it to feature a private sector component to 
build retirement income. Social Security was supposed to be one leg of 
a three-legged stool to support retirees. It was supposed to go hand in 
hand with personal savings and private pension plans. Of course, when 
it passed through the Senate, it is interesting. The Senate on two 
votes back in 1935 said that it had to be optional investments so 
individuals could invest their own money. Provisions were put into that 
law so that certain States and counties would be allowed to have 
alternative private investment plans, and now we are seeing counties in 
Texas and around the country that opted out of Social Security getting 
four or five, six, 10 times as much benefits from their pension 
retirement plans that they own as opposed to what Social Security would 
pay.
  The biggest risk is doing nothing at all in Social Security. One 
thing I am concerned about is President Clinton and Vice President Gore 
have suggested that we simply add huge, giant IOUs to the Social 
Security trust fund. The problem with that is that the full faith and 
credit of this country is good, but the way we pay back Treasury notes 
now is simply to borrow more money. If we are going to borrow $20 
trillion, it is going to tremendously change the economics of this 
country.

                              {time}  1315

  Social Security has a total unfunded liability of over $20 trillion. 
The Social Security trust fund contains nothing but IOUs. That means 
you have to either borrow the money to pay it back, increase taxes to 
pay it back, or you have to reduce benefits. We have to have two things 
very clear: No increase in taxes, and no reduction in benefits for 
existing or near-term retirees.
  To keep paying the promised Social Security benefits, the payroll tax 
will have to be increased at least 50 percent of total income or 
benefits will have to be cut by one-third. Neither of those options are 
good.
  In conclusion, this is the demonstrated problem of Social Security. 
We are in a short range up to for the next 12 to 15 years of a little 
more money coming in in the Social Security payroll tax than is needed 
to pay benefits. But then look what happens in the out years. Twenty 
trillion, in today's dollars, but in those dollars that are going to 
have to be paid out over and above what is coming in from the Social 
Security tax 50 or 60 years from now, it is going to be 120 trillion of 
those inflated future year dollars. Huge problems. It needs to be dealt 
with now. We have to get a better return on the investment.
  The six principles of saving Social Security that I and Senator Rod 
Grams have come up with are: Protect the current and future 
beneficiaries; allow freedom of choice; preserve the safety net; make 
Americans better off, not worse off; create a fully funded system; and 
no increase in taxes.
  Right now the average American worker pays more in the payroll FICA 
tax than in the income tax. Seventy-eight percent of American workers 
pay more in the FICA tax than they do the income tax. Let us not 
increase taxes on them again. Let us do something now, so we do not 
pass this burden on to our kids and grandkids.

                          ____________________


[[Page 21097]]

                          RYAN WHITE CARE ACT

  The SPEAKER pro tempore (Mr. Quinn). Under a previous order of the 
House, the gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 
minutes.



  Ms. JACKSON-LEE of Texas. Mr. Speaker, it is my pleasure to be able 
to rise and support S. 2311, the reauthorization of the Ryan White CARE 
Act. This legislation needed to come to the floor before the end of the 
106th Congress. It is imperative that we continue the fight for 
treatment dollars to deal with those who are HIV infected and those who 
are affected.
  Thanks to the efforts of collaboration, this legislation provides a 
funding formula that will actually ensure that all Americans suffering 
from this devastating disease are properly covered. In particular, it 
will work to enhance some of the devastated areas in African-American 
areas and Hispanic areas to provide resources for those communities.
  The legislation maintains the integrity of the multi-structure of the 
CARE Act, allowing funds to be targeted to the areas hardest hit by the 
HIV and AIDS epidemic. In addition, I am pleased that the legislation 
maintains and, in fact, strengthens the decision-making authority of 
local planning councils and allows resources to be used to locate and 
bring more individuals into the health care system.
  I am also delighted to learn that the bill will provide more 
individuals with early intervention services, such as counseling and 
testing. This is particularly important in the 18th Congressional 
District, where many faith-based organizations, nonprofits, are now 
realizing the importance of education and prevention and speaking the 
cultural language of the different unique communities that need to 
understand the dangers of not having knowledge about HIV and AIDS.
  This bill, that I have supported in years past and am delighted to 
extend my support, extends Medicare coverage to people living with HIV. 
Under this legislation adopted now, States will have the ability to add 
poor and low-income uninsured persons living with HIV to the list of 
persons categorically eligible for Medicaid.
  This is very important for people in the 18th Congressional District 
here in Houston for getting proper coverage, and it is very critical 
that they receive the kind of quality care that is necessary. There are 
HIV-infected persons in my district and across America that need some 
relief immediately, and thus the Medicaid provision is imperative.
  Under current rules, most people living with HIV are ineligible for 
Medicaid until they have progressed to AIDS and are disabled. We wanted 
to engage individuals who are infected so they can have the proper care 
and treatment. We know with the new health care revolutions and the new 
drug treatments that have come about, it is very important to have 
early intervention so that these individuals can live full, active 
lives. New treatments, such as the highly active heart therapy, are 
successfully delaying the progression of HIV progression to AIDS.
  Mr. Speaker, this is very exciting. We can turn this situation 
around. Early access to HIV treatment is imperative. I remember coming 
to this Congress in the early 1990s or in 1990 as a local elected 
official to join with Senator Kennedy as he introduced the Ryan White 
treatment dollars.
  This reauthorization is a testimony that it works, that treatment 
works, and now we must focus on prevention. I believe the legislation 
must be signed by the President. The formula will add to people's 
lives; it will in fact save lives. I am very delighted to support this 
legislation, and I look forward to it being signed by the President so 
that it can save lives, not only in Texas and in my district, but 
throughout this Nation, as we continue to fight the AIDS epidemic 
throughout the world.

                          ____________________



                  CONGRESS RESTORES THE UPARR PROGRAM

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Miller) is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Speaker, earlier this week the 
House passed the Department of Interior appropriations conference 
report for the year 2001 by an overwhelming margin. Many of the votes 
for that legislation were the result of an historic commitment of funds 
to efforts to preserve our national resources, including parks and 
other public lands, wildlife, endangered species, forest programs and 
others.
  We are providing this support through a new $1.6 billion Lands fund 
because of the severe underfunding of resource programs over the past 
decade that have led to a deterioration of the environment and the 
recreational opportunities for tens of millions of Americans who 
treasure their national parks, wilderness areas, coasts and other 
public lands.
  No program has been more unjustifiably undermined than the Urban 
Parks and Recreation Program known as UPARR.
  UPARR is a vital program that provides on a matching basis relatively 
small grants to towns and cities throughout America to try and provide 
some expanded recreational opportunities to children who have very few 
alternative recreational opportunities. Across this country, there are 
dozens of towns and cities where baseball fields are overgrown, soccer 
fields are short of equipment, gyms and courts are unusable, and every 
day tens of thousands of children pass by those vacant and useless 
playgrounds and gyms and have to find something to do after school and 
in their evening hours. These are the children who fall prey to crime 
and drugs and gangs and inappropriate sexual activity that place these 
children and their futures in jeopardy.
  UPARR answers a terrible need for these children in their 
communities. And yet, for the past decade, UPARR has been denied 
funding by the Congress. Even though dozens of cities and towns filed 
applications and were prepared to raise the matching funds, the 
Congress refused to provide even minimal funding for UPARR, despite all 
the statements of concern about children's well-being and about the 
need for after school athletics and mentoring programs.
  For the past several years, I have been working with a wide range of 
organizations to fund the UPARR program. I want to pay special tribute 
to Tom Cove, the Vice President of the Sporting Goods Manufacturers 
Association, who has spent so much of his time helping to build a 
network of people outside of Washington on behalf of UPARR's revival 
and who has been so successful here in the Congress and the 
administration in persuading people of this vital program.
  The UPARR coalition consists of a diverse array of organizations and 
interests, including the National Council of Youth Sports, which 
represents 46 million children through the National Youth Sports 
Leagues, such as Little League, Pop Warner football; the Amateur 
Athletic Union; the U.S. Soccer Foundation; PONY baseball; and the U.S. 
Conference of Mayors, especially Mayor Victor Ashe of Knoxville, Mark 
Morial of New Orleans, and Rosemary Corbin of Richmond, California.
  We have also had tremendous help from professional sports 
organizations and players, who recognize the need in providing young 
people a safe place to play and learn. I want to recognize our friends 
at the National Football League, the NFL Player Association, and Major 
League Baseball's ``Reviving Baseball in the Inner Cities'' program. We 
have also had great support from the Police Athletic League, and I 
especially want to recognize them. They have fought long and hard with 
us for today's victory for UPARR.
  I also want to pay tribute to some of the people in the Seventh 
Congressional District of California who have been energetic and 
indefatigable supporters of UPARR, including Mayor Rosemary Corbin of 
Richmond, California; C.A. Robertson of the Richmond Police Activities 
League and the state-wide Police Activities League; the Greater Vallejo 
Recreation District and its general manager, Skip Radziewicz; and the 
Tri-City County Open Space Committee and its chair, Duane Krumm.
  Throughout the Nation, individuals such as these have joined together 
and demanded that Congress provide substantial new funding for UPARR; 
and

[[Page 21098]]

this week, they succeeded. When we began this effort, UPARR was 
receiving nothing, only a few short years ago, not one cent, despite 
all the rhetoric about concern for our children. So we committed 
ourselves to UPARR's revival; and we began slow, finding a couple of 
million dollars on the House floor from here and there.
  We were able to convince the Clinton administration that this was a 
worthy program that met the President and First Lady's goals for 
children, and a couple of million dollars was included in last year's 
budget.
  This year the President asked for $10 million; and in the bill we 
passed today, that number was increased to $30 million for each of the 
next 6 years. I want to thank the members of the Committee on 
Appropriations for that increase, the gentleman from Ohio (Mr. Regula), 
the gentleman from Wisconsin (Mr. Obey), and the gentleman from 
Washington (Mr. Dicks). And we intend to get more, because with this 
program we can turn our cities around and we can change the lives of 
millions of young children.
  Today's bill, while not the level of funding we sought in the 
Conservation and Reinvestment Act, is an enormous increase to $30 
million for each of the next 6 years, with the promise of more above 
that. With the coalition we have built, I am confident we will 
successfully compete for dollars within the Committee on Appropriations 
for UPARR dollars and build a network of recreation and athletic 
facilities throughout the cities and towns of this Nation.

                          ____________________



STATEMENT OF ROANE COUNTY, TENNESSEE, HIGH SCHOOL PRINCIPAL JODY McLOUD 
                        CONCERNING SCHOOL PRAYER

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Duncan) is recognized for 5 minutes.
  Mr. DUNCAN. Mr. Speaker, several years ago, William Raspberry, the 
great columnist for the Washington Post, asked in a column these words. 
He said, ``Is it not just possible that anti-religious bias 
masquerading as religious neutrality has cost this country far more 
than it has been willing to acknowledge?'' I think that is a very good 
question.
  In light of that, I would like to read a statement that Roane County, 
Tennessee, high school principal Jody McLoud read over the public 
address system before his school's first football game on September 1, 
following the Supreme Court decision outlawing or banning prayer at 
high school football games across the Nation.
  Mr. McLoud said this:

       It has always been the custom at Roane County High School 
     football games to say a prayer and play the National anthem 
     to honor God and country. Due to a recent ruling by the 
     Supreme Court, I am told that saying a prayer is a violation 
     of Federal case law.
       As I understand the law at this time, I can use this public 
     facility to approve of sexual perversion and call it an 
     alternative lifestyle and if someone is offended, that's 
     okay.
       I can use it to condone sexual promiscuity by dispensing 
     condoms and calling it safe sex. If someone is offended, 
     that's okay.
       I can even use this public facility to present the merits 
     of killing an unborn baby as a viable means of birth control. 
     If someone is offended, no problem.
       I can designate a school day as Earth Day and involve 
     students in activities to religiously worship and praise the 
     Goddess Mother Earth and call it ecology.
       I can use literature, videos and presentations in the 
     classroom that depict people with strong traditional 
     Christian convictions as simple minded and ignorant and call 
     it enlightenment.
       However, if anyone uses this facility to honor God and ask 
     Him to bless this event with safety and good sportsmanship, 
     Federal case law is violated.
       This appears to be, at best, inconsistent, and, at worst, 
     diabolical.

  Mr. McLoud continued.

       Apparently we are to be tolerant of everything and everyone 
     except God and His commandments.
       Nevertheless, as a school principal, I frequently ask staff 
     and students to abide by rules with which they do not 
     necessarily agree. For me to do otherwise would be at best 
     inconsistent and at worst hypocritical. I suffer from that 
     affliction enough unintentionally. I certainly do not need to 
     add an intentional transgression.
       For this reason, I shall ``render unto Caesar that which is 
     Caesar's'' and refrain praying at this time. However, if you 
     feel inspired to honor, praise and thank God and to ask Him 
     in the name of Jesus to bless this event, please feel free to 
     do so. As far as I know, that is not against the law yet.

  That is the statement by Roane County, Tennessee, High School 
Principal Jody McLoud.
  I can tell you that we open up every session of the House and Senate 
with prayer, but it is unfortunate, the recent Supreme Court decision.
  I commend Roane County, Tennessee, High School Principal Jody McLoud 
for this very fine statement, and I close by asking the question that 
William Raspberry asked a few years ago in his column, is it not just 
possible that anti-religious bias, masquerading as religious 
neutrality, has cost this Nation far more than it has been willing to 
acknowledge?

                          ____________________

                              {time}  1330





       RESTORE FEDERAL RECOGNITION TO THE MIAMI NATION OF INDIANA

  The SPEAKER pro tempore (Mr. Quinn). Under a previous order of the 
House, the gentleman from Indiana (Mr. Souder) is recognized for 5 
minutes.
  Mr. SOUDER. Mr. Speaker, this afternoon I have introduced a bill to 
restore the Federal recognition to the Miami Nation of Indiana.
  The Miami Nation of Indiana is one of our most historic Indian 
nations. Unfortunately, it is not currently recognized by the Federal 
Government. It is an ironic situation that we face. When Anthony Wayne 
won the battle of Fallen Timbers that lead directly to the Treaty of 
Greenville in 1795, the Miami Nation, at that point a defeated nation, 
entered into negotiations over a period of time with William Henry 
Harrison in the Northwest Territory and the Federal Government, ceding 
millions of acres.
  Chief Richardville, the civil chief of the tribe, and Little Turtle, 
the war chief of the Miami Nation, did the best they could to keep as 
many Miamis in Indiana as possible, approximately at that point 800. 
The rest were transported in one of the many cases of mistreatment of 
Native Americans by the American Government, and moved across the 
Mississippi River.
  That tribe continued to be recognized and currently is basically the 
Miami of Oklahoma. They have completely at this point a distinctive 
history, a distinctive tribal form of government from the Miami Nation 
of Indiana. They moved across the Mississippi, then down into Oklahoma, 
have their own tribal governments and work with that, and occasionally 
even come in conflict with their brothers from Indiana over what to do 
with artifacts, over what things are important in the tribe. Because 
quite frankly, the Indiana Miami are not in many ways a traditional 
nation, in the sense they were not part of the reservation system that 
many other Indian tribes in America were part of.
  Their goals as a tribe are different. Theirs are predominantly 
historic and cultural goals as opposed to necessarily the same 
financial goals, because they are more or less integrated in, but that 
does not mean that they have not been a continual independent nation. 
Much of this is detailed in the book ``The Miami Indians of Indiana.'' 
This particular book was given to me by Charles Bevington, or 
Meshintoquah, chief of the Pecongeah Clan of the Miami Nation of 
Indiana.
  And he, Chuck, still gets benefits from the treaty of Greenville from 
1795. His kids get benefits from the Treaty of Greenville; yet our 
government says they are not an Indian tribe. Now, wait a minute. If 
they are getting treaty benefits directly from 1795, this seems like a 
tad of a stretch.
  Let me make a couple of points with this: one is, they have been in 
continual relationship with the Federal Government, one of the 
standards to be an independent Indian nation. One of the problems was 
that in 1897, the Secretary of the Interior based on an opinion by a 
then assistant Secretary withdrew the acknowledgment of the Indiana 
Miamis as a tribe.

[[Page 21099]]

  Since then, Congress has never terminated this relationship. Since 
then, there has been an acknowledgment that that was an error in 1897. 
In 1990, the Department of the Interior specifically admitted that the 
opinion of Attorney General Van Devanter was incorrect and that the 
trust relationship of the Indiana Miamis was wrongfully terminated. In 
other words, in 1897 this was wrongfully done. They reappealed to the 
BIA and lost their appeal, because, apparently, some of the minutes 
from meetings in either the late 1950s or early 1960s were lost partly 
because the Secretary's house trailer burned and the Miami did not have 
records of their continual meetings they had. They had powwows in our 
district, and throughout parts of northern Indiana they have had a 
consistent form of tribal government. So we are basically looking at 
technicalities that have disqualified a nation that is one of our most 
historic.
  Let me give my colleagues a couple of examples. The famous Indian 
chief, Little Turtle, was one of the greatest warriors in American 
history. This is a drawing by a Miami of Indiana person who lives in 
Fort Wayne area, my hometown. What is interesting about this is, this 
is not a drawing that is contemporary of its period, because the only 
oil painting of Little Turtle was in the White House, and it was burned 
when the White House was burned in 1812 when James Madison was 
President. And it was by Gilbert Stuart.
  But this is a likeness drawn after that. Little Turtle is famous 
because on American soil, he is the only person to have defeated full-
blown American armies authorized by this Congress, not once, but twice, 
bigger defeats, than Custard, bigger defeats than the Western, 
different things where Crazy Horse and Sitting Bull and all of those 
famous Indian chiefs, Little Turtle defeated American armies twice.
  George Washington said they had to get the junction of the rivers in 
what is now Fort Wayne but at that time was Kekionga, because it was 
the controlling of the Northwest territory and we would have never had 
a Lewis and Clark. We never would have had a Louisiana Purchase if we 
could not get control of the Northwest Territory. Little Turtle twice 
defeated those armies.
  He was victorious right near Eel River where his settlement was, and 
he also defeated La Balme from France, who was considered the foremost 
calvary officer in France.
  But then Little Turtle realized he was not going to be able to defeat 
Anthony Wayne. He stayed in the coalition with Blue Jacket and other 
Indian tribes, the Shawnee and others; but they were defeated at the 
battle of Fallen Timbers and that led to a change in the West. Little 
Turtle decided to work with the United States Government. Then the 
civil chief, Chief Richardville, also decided to work with the United 
States Government and in Fort Wayne. We hope within a few months this 
will be a national historic landmark; it is the oldest Indian treaty 
house east of the Mississippi still on its site.
  It is Chief Richardville's house. It is where the Miami Nation 
congregated. It was their civil chief. We also have Richardville's son-
in-law Lafontaine, in an Indian house. After all, Indiana is named 
after the Indians, but we do not have respect and have not respected 
them enough.
  We have two treasures of these homes. This is apparently the only 
Native American home east of the Mississippi on its original site. 
Richardville and Little Turtle were in fact in essence punished because 
they stopped warring with the United States.
  It is time that the United States correct what are acknowledged 
wrongs in decertifying the Miami Nation in 1897, to reconcile the 
bookkeeping error. One last point, they have agreed by a 12 to zero 
council meeting to suspend their gaming rights. The act says that 
pursuant they will not pursue gaming in class 3, and only be allowed 
with expressed approval from Congress.
  It is unfortunate that true rights are being denied because of 
gambling, but they have agreed to suspend theirs.

                          ____________________



            JAMES RIADY INVITES BILL CLINTON TO LIPPO BOARD

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Indiana (Mr. Burton) is recognized for 5 minutes.
  Mr. BURTON of Indiana. Mr. Speaker, last year, during our 
investigation, the Committee on Government Reform had John Huang 
testify that James Riady, a close personal friend of the President of 
the United States, organized a scheme to funnel a million dollars into 
the President's campaign in the early 1990s. Around $700,000 to 
$800,000 of that money was raised, brought into the country from 
Indonesia through conduits, and funneled into the campaign as had been 
promised.
  We believe much more than that was brought in, but that is all we 
could account for. Most of that money was sent back, was returned, 
because it was illegal campaign contributions. We have been after the 
Justice Department for some time to, in absentia, indict Mr. Riady for 
illegal campaign contributions and for obstruction of justice.
  Mr. Riady fled the country. He is now living in Indonesia, and he is 
one of the major partners or executive officers in the Lippo Group, 
which was formed by his father, Mochtar Riady, sometime ago.
  Mr. Riady also orchestrated a complex scheme to launder over $4 
million in political contributions to various campaigns, parties and 
other nonprofit groups in addition to the money that he gave to the 
President's campaign in the early 1990s.
  And throughout the 1990s, he worked with John Huang, helped get John 
Huang appointed to the Democratic National Committee leadership, so 
that he could extract more money from illegal sources in China and the 
Far East, including Indonesia.
  The Justice Department has not moved to indict Mr. Riady, and that is 
something that we have really been fighting with them about, because we 
think, even though he is in Indonesia, he has violated American law, he 
has fled the country, and he has not complied with subpoenas from our 
committee and others.
  One of the things that really bothers me, and the reason I come to 
the floor today, is not to rehash what we have known for a long time, 
Mr. Speaker; but today we find out that Mr. Riady invites the President 
of the United States to be on the Lippo board of directors in 
Indonesia. This comes right from the Far Eastern Economic Review that 
was reported today, and I urge my colleagues to look at the article.
  Mr. Speaker, I include this article for the Record.

                  Riady Invites Clinton to Lippo Board

       Indonesian tycoon James Riady has invited U.S. President 
     Bill Clinton to join the board of Lippo Group when he steps 
     down from Office early next year, according to business 
     people who have met Riady in Jakarta recently. Riady has been 
     telling business contacts in Jakarta that he expects Clinton 
     to accept, even though the U.S. president has been dogged by 
     allegations that Riady funnelled illegal foreign donations to 
     Clinton's 1992 and 1996 election campaigns. A former Lippo 
     Group employee reports that as far back as the mid-1990's 
     Riady was said to be trying to recruit Clinton to the board 
     as soon as he left office. Jakarta police are currently 
     helping the U.S. Justice Department in its investigation of 
     the alleged campaign contributions.

  The article reads like this: ``Riady invites Clinton to Lippo board. 
Indonesian tycoon James Riady has invited President Bill Clinton to 
join the board of Lippo Group when he steps down from office early next 
year, according to business people who have met with Mr. Riady in 
Jakarta recently. Riady has been telling business contacts in Jakarta 
that he expects Clinton to accept even though the U.S. President has 
been dogged by allegations that Riady funneled illegal foreign 
contributions to the 1992 and 1996 campaigns.''
  The thing that is interesting about this, and I am not accusing the 
President of anything, so I do not want to be stopped for anything, but 
the thing that is interesting about this, Mr. Speaker, is that the 
beneficiary of one of the major decisions by the administration was the 
Riady group, the Lippo Group, in Indonesia.

[[Page 21100]]

  Sometime in the 1990s, the President took the coal reserve, the 
largest clean burning coal reserve in the United States, out of 
possible production in Utah and made it a national park. Many engineers 
told us that this could have been mined in an environmentally safe way; 
but, nevertheless, the President said he wanted to make it a national 
park to preserve the ecology.
  Now the beneficiary of that was the Lippo Group in Indonesia, because 
they have one of the largest clean burning mining operations in the 
entire world. And when you take this large reserve out of possible 
production in Utah, the only real beneficiary that we could find was 
the Riadys and the Lippo Group in Indonesia.
  In addition to that, Mr. Riady met with the President in the back of 
a car in 1992, and again in 1996 worked with him, met with him, and 
funneled, we believe, millions of dollars in illegal campaign 
contributions in from Indonesia and from China and many of those 
hundreds of thousands of dollars of this money was returned because it 
was to be illegal.
  Now we find out that the Riady group is going to put the President on 
the board of directors when he leaves office in January. All I can say 
is that this really bothers me a great deal, because all of the 
information we have would lead one to believe that the very strong 
possibility exists that a lot of these things were done to benefit the 
Riady group, and now they are going to put the President on the board 
of directors. I think every American ought to know that.

                          ____________________



             NO ENERGY POLICY UNDER CURRENT ADMINISTRATION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Alaska (Mr. Young) is recognized for 5 minutes.
  Mr. YOUNG of Alaska. Mr. Speaker, I, again, rise in the special 
orders for my colleagues to understand the importance of the energy 
policy of the United States under this present administration, which is 
zero. There is no energy policy. In fact, under this administration, we 
have declined the use of nuclear. We have declined the use of oil. We 
have declined the use of coal. We have declined the use of hydro.
  And, in fact, there has never been a position where they have 
developed any new power as our population grows and our economy grows. 
We are using more power every day, and this administration has sought 
not to do it.
  During an election time, the presidential candidate, what is his 
name, Mr. Gore, decides to asks us to lower the price of fuel in the 
Northeast by using our reserves. Now, I cannot think of anything more 
ridiculous and using a reserve that was set up when I was here and this 
Congress set it up for strategic purposes, in case there was a cutting 
off of our shipping channels and we needed that fuel for military 
purposes. That is why it was set up.
  There is no shortage of oil. Yes, there is an increase of prices 
because we are dependent because of this administration's policy on 
foreign oil. Now, we have a lot of oil and gas in the United States of 
America. We just have not been able to find it or develop it because of 
the policies of the Department of Interior, the President of the United 
States and the Vice President.
  What I am very familiar with, of course, is Alaska. Everybody knows 
that Alaska's Prudhoe Bay, 16 billion barrels have been delivered to 
the United States. Every American citizen has benefited from that. It 
has not gone overseas. It was from Prudhoe Bay, developed in 1973 by 
this Congress because we had an embargo in place.
  What else do we have in Alaska? We have in Alaska a place called 1002 
area, right here, right here, 74 miles from the existing pipeline that 
could deliver us a million barrels a day for the next hundred years.
  Everybody said what is a million barrels a day? I heard the other 
night that my so-called candidate, Mr. Gore, he is not my candidate, 
but the candidate of many unenlightened people, Mr. Gore said we should 
not destroy the pristine areas, the last ones we have in Alaska. 
Alaska, every area you see in Alaska has been set aside here, here, 
here, here, here, here, here, here, here, here, here, here, all the way 
around 147 million acres of land, set aside for wilderness for a great 
purpose for the American people. Right up here we have 1.5 million 
acres that has the potential, 39 billion barrels of oil.

                              {time}  1345

  That is 39 billion barrels of oil, a million barrels a day which we 
are now buying from Saddam Hussein that we could be producing and 
shipping through our pipeline to the American people. But what does Mr. 
Gore say? Oh, we cannot develop it.
  Show me one area where he suggested developing will occur. He has not 
done it in his 8 years, he did not do it when he was in the House, and 
he did not do it while he was in the Senate. He does not believe in it.
  To have him say now that we are going to use the reserve and not 
support opening this ANWR area to me is ridiculous.
  By the way, Mr. Speaker, the footprint is less than 12,000 acres, to 
give the American people, give the American people 1 million barrels a 
day for the next 100 years. That is what is so crucially important.
  But along those lines, keep in mind there has been no energy policy 
by Mr. Gore. He has none now; and he will have none in the future, 
other than the fact he wants us all to peddle bicycles. That is his 
idea.
  He raised taxes while he was in the Senate, and he has proposed 
raising taxes while he was Vice President. Remember, Mr. Speaker, and 
my colleagues who drive back and forth and fly an airplane, those taxes 
were raised supposedly to stop our consumption. It has not done so, and 
in the meantime we have become more dependent, 57 percent today and by 
the year 2005 it will be 60 percent, which we will be dependent upon 
foreign countries for oil.
  By the way, anytime someone controls us 60 percent, we will do 
anything they tell us to do. As bad as it is, we will do it because 
they control us. That is what this administration has done to us; they 
have made us subservient to the foreign countries and not America.
  I always hear the Vice President talk about big oil. There is no big 
oil that belongs to America anymore; it belongs to the foreigners. He 
supported that.
  We have heard the previous speaker talk about the Lippo situation, 
the coal situation. There is another classic example where being 
dependent on foreign countries is wrong. We must as a Nation have an 
energy policy. We must have a President who understands the energy 
policy. This is crucially, crucially important.

                          ____________________



                 THE NEED FOR A NATIONAL ENERGY POLICY

  The SPEAKER pro tempore (Mr. Quinn). Under a previous order of the 
House, the gentleman from Pennsylvania (Mr. Gekas) is recognized for 5 
minutes.
  Mr. GEKAS. Mr. Speaker, the gentleman from Alaska has outlined the 
necessity for energizing an energy policy. That is important for the 
future of our country. The lack of the current administration's 
intentions towards formulating an energy policy gives us this mandate 
now to do so in their place, so the gentleman from Alaska properly says 
Alaskan oil, ANWR, is one element of that.
  Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
  Mr. GEKAS. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. I want to compliment the gentleman because he 
has introduced a bill to do just that, to take into consideration all 
of the facets of energy, to take and decide how many Btus we need for 
the future of this Nation.
  Right now that has not happened. In fact, the administration has 
closed down 34 refineries in the United States. The last refinery, 
built in 1980, was in Alaska. That is what has happened to us.
  The gentleman's bill, and I believe I am a sponsor with the 
gentleman, it says to bring to light the need for nuclear power, 
hydropower, wind power, for conservation, for gas, and for oil,

[[Page 21101]]

and to put it all together in a package so that my grandchildren will 
have the ability to have Btus available to them so they can live, yes, 
a better way. I believe that is crucially important.
  Mr. GEKAS. The national goal under the energy policy which is 
embodied in the bill that we propose calls for our being energy 
independent in 10 years.
  What do we have to do? Increase by any means possible the correct and 
environmentally safe drilling on domestic properties, on domestic 
lands, on our Federal lands or wherever it is possible in the western 
part of our Nation or in Alaska, as the gentleman has outlined, and 
utilizing all the other devices we may have, our technologies, for 
solar, for hydroelectric that are our own, waiting for us to use for 
our own purposes.
  Mr. YOUNG of Alaska. If the gentleman will continue to yield, Mr. 
Speaker, I would like to suggest that many people are very much unaware 
of the new demand on electrical power.
  Twenty-five years ago we did not have that demand. The power being 
generated today, which we are now using mostly fossil fuels, natural 
gas, coal, no oil, but those two things, now the demand comes from that 
which we all take for granted, and that is the computer, the Internet.
  The Internet alone, just the Internet, not the total, the Internet 
alone increased the consumption of electrical power 7 percent this 
year. Seven percent of our energy now is being used by the Internet.
  Mr. GEKAS. Our bill, called the NRG bill, NRG, national resource 
governance, NRG, energy, calls for the establishment of a commission, a 
blue ribbon commission, which will put together all these various 
facets that we are talking about and balance them with conservation, 
good conservation methods, and provide for us within 10 years no longer 
to have to depend on OPEC oil or any foreign oil. That is a Declaration 
of Independence in energy that is on the horizon if only we will seize 
the opportunity.
  What worse kind of position can the United States be in than to have 
to kneel in front of the OPEC countries to beg them to produce more 
oil, beg them to send us more oil, beg them to sell us more oil?
  Mr. YOUNG of Alaska. If the gentleman will yield one more moment, I 
said before that the only energy policy the administration has had is a 
set of knee pads so they can beg. The inappropriate conduct of trying 
not to allow us to produce energy, all forms of energy, in the last 8 
years, has brought us to this point.
  We have to wake up. The gentleman's bill does it. I am proud to be a 
sponsor of it. I hope everybody that is listening, and I know I am not 
supposed to say this, but all my colleagues who are listening, I hope 
they understand we had better approach this with the positive side of 
production.
  We cannot, as we listen to Al Gore, conserve our way into self-
sufficiency. That is impossible. Everybody knows it. As long as we are 
growing, and we are growing, our economy is growing, we have to have 
energy. That means all the forms of energy that we know, mankind is 
realizing today. To say no is wrong.
  By the way, if I may, gas, natural gas, $2.15 last year, $5.40 today, 
it is going to $6 because demand is so great. Many of the great fields 
that would have been drilled, should have been drilled, have been put 
off limits by this President and this Vice President.
  Let us have a policy of energy development and deliveries to our 
people so we do not have to go back. Instead of issuing knee pads to 
every American so they can beg for energy, let us have the ability to 
say, I am American and we have our own power.
  Mr. GEKAS. I ask our colleagues to cosponsor the NRG bill for self-
sufficient energy in the United States.

                          ____________________



            THE PROBLEM OF HIV/AIDS AND METHODS TO COMBAT IT

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 1999, the gentleman from Illinois (Mr. Davis) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. DAVIS of Illinois. Mr. Speaker, I want to thank the esteemed 
gentleman from California (Mr. Dixon) for joining me this afternoon as 
we discuss one of the most serious problems facing our country and, 
indeed, our world today, that is, the problem of HIV/AIDS and all of 
the problems associated with it, as well as talk about ways in which we 
can combat it.
  Earlier today we passed the Ryan White Comprehensive AIDS Relief Act, 
which provides resources to fight this dreadful disease. I think our 
passage of this act today is further indication of how serious this 
Congress takes this problem and the approaches that we have begun to 
use in terms of providing resources to deal with it.
  Although money is needed, and resources is one way of impacting 
positively the situation, there are other things that people can do 
that do in fact cost money, but sometimes not as much as we think. 
There are many agencies, organizations, and groups throughout America 
and throughout the world who are making use of themselves in every 
possible way to do what it is that they can to arrest this disease.
  One of the areas that we have the most difficulty with is in 
teenagers. Despite the fact that most American teenagers are aware of 
methods for preventing pregnancy and STD infection, reports indicate 
that nearly half of teenagers engage in unprotected sexual activity. In 
turn, morbidity and infection rates due to HIV continue to rise as 
young adults become one of the fastest-growing populations contracting 
HIV/AIDS.
  In addition, recent reports estimate that at least 20 to 30 percent 
of young men may be infected with herpes simplex virus, regardless of 
sociological demographic background.
  As a matter of fact, in some manner, we are all affected by the 
hardships of these diseases because they have placed hardships on our 
communities, no matter where we are or who we are. Consequently, 
programs dedicated to informing young adults about safe sex practices 
in an appropriate and effective manner are vital.
  One such national effort is Project Alpha, which is a creation of 
Alpha Phi Alpha Fraternity, Incorporated.
  Alpha Phi Alpha Fraternity, founded in 1906 at Cornell University, 
has the distinction of being the first intercollegiate fraternity 
established for African Americans. Since its inception, Alpha Phi Alpha 
fraternity has provided voice and vision to the struggle of African 
Americans and people of color around the world.
  Today Alpha Phi Alpha Fraternity, Incorporated, has approximately 
150,000 members. Past and present members include noted sociologist 
W.E.B. DuBois, Adam Clayton Powell, Jr., former Senator Ed Brooks, Dr. 
Martin Luther King, Jr., Supreme Court Justice Thurgood Marshall, 
former Congressman and ambassador Andrew Young, former Representative 
Bill Gray, who heads the United Negro College Fund, the noted author 
and activist, Paul Robeson, the gentleman from California (Mr. Dixon), 
the gentleman from Alabama (Mr. Hilliard), the gentleman from 
Pennsylvania (Mr. Fattah), the gentlemen from New York (Mr. Meeks and 
Mr. Rangel), the gentleman from Virginia (Mr. Scott).
  I, too, Mr. Speaker, am pleased to be a member of the Mu Mu Lambda 
chapter of this illustrious group, Alpha Phi Alpha, Incorporated.
  Project Alpha, in the spirit of this powerful legacy, was established 
to address the major social, economic, and health problems related to 
troubling trends in teen pregnancy and STDs.
  Since the early 1980s, Alpha Phi Alpha fraternity has implemented the 
Project Alpha Program, along with the March of Dimes Foundation, and 
has taught thousands of young men about the consequences of STDs and 
teenage pregnancy from a male perspective.
  Over the past 20 years, members of Alpha have worked with the staff 
and volunteers of the March of Dimes Birth Defects Foundation to reach 
hundreds of communities and thousands of young men throughout America 
and the world.
  In an effort to herald this program to the entire Nation, the second 
week of

[[Page 21102]]

October has been declared Project Alpha Week, and from October 7 to 
October 14 each chapter of Alpha Phi Alpha will devote time to 
reviewing the medical, legal, and socioeconomic issues involving teen 
pregnancy and STD infection with teens while encouraging responsible 
behavior.
  I want to commend the brothers of Alpha and the Alpha Project, for 
without preventative programs such as this successful one, we will pay 
greatly in the future with higher rates of teen pregnancy and birth 
defects, higher rates of HIV and other STDs, and ultimately, a lower 
quality of life for all members of our society.

                              {time}  1400

  Now, it is my pleasure to yield to the gentleman from California (Mr. 
Dixon), the ranking member of the Permanent Select Committee on 
Intelligence, my brother, and fellow Alpha member.
  Mr. DIXON. Mr. Speaker, I thank the gentleman from Illinois very much 
for yielding to me, and I am very pleased to join with him in this 
tribute, not only to the Alpha fraternity, but the fight and the cause.
  Mr. Speaker, I am pleased to rise today to commemorate Project Alpha 
Week and to honor the brothers of Alpha Phi Alpha Fraternity and the 
March of Dimes for their efforts over the past 20 years on this 
project.
  Project Alpha is a collaboration between Alpha Phi Alpha Fraternity 
and the March of Dimes to reduce teenage pregnancy and sexually 
transmitted diseases by engaging young men before they have established 
risk-taking behavior patterns.
  During the week of October 7 through 14, young men in communities 
across this Nation will participate in Project Alpha conferences.
  Project Alpha is one of Alpha Phi Alpha Fraternity's three national 
programs. These national programs, ``Project Alpha,'' ``Go to High 
School-Go to College,'' and ``A Voteless People Is a Hopeless People'' 
exemplify Alpha Phi Alpha's focus on assisting communities through 
leadership, scholarship, and service.
  The curriculum at the Project Alpha conferences will stress three 
main elements, knowledge building, motivation and taking the message 
back.
  In my hometown of Los Angeles, more than 200 young men are expected 
to benefit from Project Alpha programs this year. I would like to 
commend the 12 Southern California chapters who are participating in 
this year's program.
  The program's financial supporters and presenters also should be 
recognized for their contributions to the community. This year's 
program will include Michael Cooper, former L.A. Laker star, and State 
Senator Teresa Hughes. Support is also being provided by the Magic 
Johnson Theater Corporation; the New Leaders, an organization of young 
African-American professionals; and the Holman United Methodist Church.
  Mr. Speaker, I would also like to take this opportunity to highlight 
another project that the Alpha Phi Alpha has spearheaded, the Martin 
Luther King, Jr. Memorial project. I am honored to have worked with 
Alpha Phi Alpha to enact legislation to allow the King Memorial project 
to move forward.
  In 1996, the gentlewoman from Maryland (Mrs. Morella) and I carried 
the bill to authorize the memorial. In 1998, we passed legislation 
approving a permanent site on the National Mall for the King Memorial.
  The fraternity has since established an independent foundation to 
coordinate this project and is engaged in raising funds for the Martin 
Luther King, Jr. Memorial. I am very proud that the effort to honor Dr. 
King, a man of unique national stature, with a memorial in the Nation's 
capital has transcended the fraternity and become a project of national 
significance.
  The commitment to community that Alpha Phi Alpha instills in its 
members is exemplary. I am honored to be a member of the Alpha Phi 
Alpha Fraternity, and I am pleased to commend both Alpha Phi Alpha and 
the March of Dimes for their efforts on Project Alpha.
  From Project Alpha to the King Memorial to helping to shape 
generations of great African-American men, Alpha Phi Alpha has 
contributed so much to our Nation. I am very proud of the brothers that 
serve in the Congress of the United States with me who are members of 
the Alpha Fraternity.
  Mr. DAVIS of Illinois. Mr. Speaker, let me just ask the gentleman 
from California (Mr. Dixon), we know that HIV-related illness and death 
now have the greatest impact on young people. As a matter of fact, AIDS 
is the leading cause of death among Americans 25 to 44 years old. In 
this same age group, AIDS now account, on an average, for one in every 
three deaths among African-American men and one in five deaths in 
African-American women.
  Between 1990 and 1995, AIDS incidents among people 13 to 25 years old 
rose nearly 20 percent. While AIDS incidents among both young gay and 
bisexual men and young injecting drug users was relatively constant 
during this time period, AIDS incidents among young heterosexual men 
and women rose more than 130 percent.
  In a project like Project Alpha, what is it that one can say or what 
does one say to young people to try and impact upon them the serious 
consequences of certain kinds of behavior?
  Mr. DIXON. Mr. Speaker, if the gentleman will yield, I think that one 
does two things, and Project Alpha reaches to both of them. One, one 
can explain to them the impact on the community as it relates to 
health, as it relates to future planning for a young person. Two, one 
can explain to them and make clear to them that this kind of epidemic 
can be avoided if they control themselves and practice what is 
traditionally called safe sex.
  There is probably no greater threat to minority communities today 
than the national health problem of HIV infection. So to reach out to 
young men 16, 17, of college age to spread information and to make them 
realize the danger I think is a great public service.
  But just as important, I think that we have to make the entire 
minority community aware of this danger, and we cannot stress it too 
much because, as the gentleman from Illinois (Mr. Davis) indicated from 
his facts, it is a growing concern; and the facts continue to show that 
the spread in the minority communities is running ahead of the spread 
in the majority communities.
  Mr. DAVIS of Illinois. Mr. Speaker, I certainly want to thank the 
gentleman from California, not only for his participation and his 
leadership here in the Congress but also his willingness in the 
community where he lives to be involved, to be interactive with young 
people, and to try and help them to understand how they can improve the 
quality of life, not only for themselves, but for others. We certainly 
appreciate his assistance.
  Mr. DIXON. Mr. Speaker, I thank the gentleman from Illinois for 
taking the time to spread the word. It is an honor for me to serve with 
him and my other colleagues, not only as I said in the House of 
Representatives, but as members in the same fraternity.
  Mr. DAVIS of Illinois. Mr. Speaker, it is my pleasure now to yield 
time to the distinguished gentleman from the City of Brotherly Love, 
Pennsylvania (Mr. Fattah), who not only provides great leadership in 
the field of education, which means that he is a natural to be involved 
in this kind of project, but who is an inspiration to all of those who 
have known and worked with him for years.
  I am proud to call him, not only my colleague, but also my Alpha 
brother.
  Mr. FATTAH. Mr. Speaker, let me thank the distinguished gentleman 
from the great State of Illinois (Mr. Davis) and the City of Chicago, 
who is a fraternity brother of mine.
  I come to the floor just ever so briefly just to add my voice in 
support for this effort. It really is a substantial effort that, even 
if I was not a member of this great fraternity, I would be supportive 
of it, because it really gets at the heart of where we need to be, and 
that is communicating with individual young men and with our young 
people in a way which is relevant in terms of the choices that they 
have to make, the choice points that they confront,

[[Page 21103]]

that will have an impact on their life chances in a way that they 
cannot even imagine at 12 and 13 and 14 and 15 years of age.
  So I just want to thank the gentleman from Illinois for carving out 
this special order for a very special message. I want to thank all of 
my fraternity brothers throughout this country and, in fact, beyond the 
national borders of this country who are committed to education and 
committed to this effort in particular in terms of raising the 
awareness of young people about the choices that they have to make, and 
the fact that, if they make the right choice, they stand to reap the 
reward, and if they make the wrong choice, not only do they suffer the 
consequence, but our entire community and our society suffer the 
consequences of the choices, assuming they make the wrong one.
  So I want to thank the gentleman from Illinois (Mr. Davis) and my 
other Alpha brothers.
  Mr. DAVIS of Illinois. Mr. Speaker, listening to the gentleman from 
Pennsylvania (Mr. Fattah), there is no one that I know of who is more 
concerned about education. I remember one of the incidents that 
happened that sort of reinforced that. I remember the President had 
invited the gentleman from Pennsylvania and his family to the White 
House as he was about to sign one of the gentleman's bills. The 
gentleman from Pennsylvania decided that his son needed to go to school 
that day, that he could not come.
  Mr. FATTAH. Mr. Speaker, our fraternity had the ``Stay in School and 
Go to College.'' That was one of the very early programs of the Alphas. 
My son had a perfect attendance up through his high school graduation, 
and it was an important choice. But, nonetheless, his record of a 
perfect attendance was important to him and acknowledgment of the 
importance that we place on education. So now he is a freshman in 
college. He is doing well.
  I think it is important that we as adults indicate to young people 
where they need to place their value. Hobnobbing at the White House is 
one thing, but learning and earning a diploma and eventually a degree 
so that one day one can be in the White House as the resident of it, as 
the Chief Executive, is a much more important goal in life.
  Mr. DAVIS of Illinois. Mr. Speaker, it is my pleasure to yield to the 
gentleman from Virginia (Mr. Scott), one who does, in fact, also have 
perfect attendance, especially perfect attendance when it comes to 
representing the needs, hopes and aspirations of his people and 
representing the effort to make America a better Nation in which to 
live.
  Mr. SCOTT. Mr. Speaker, I appreciate and commend the gentleman from 
Illinois (Mr. Davis), my colleague and Alpha brother, for scheduling 
this special order this afternoon. I am delighted that we have an 
opportunity through this special order to talk about the proud history 
of Alpha Phi Alpha and its ongoing nationwide efforts to meet some of 
the critical needs of the African-American community.
  We have already heard, men of Alpha Phi Alpha have had a strong 
positive impact on our society in every profession and in every field 
of endeavor. I am fortunate to serve with many of our Alpha colleagues: 
The gentleman from the 15th Congressional District of New York (Mr. 
Rangel), the gentleman from the 32nd Congressional District of 
California (Mr. Dixon), the gentleman from the 7th Congressional 
District of Alabama (Mr. Hilliard), the gentleman from the 2nd 
Congressional District of Pennsylvania (Mr. Fattah), the gentleman from 
the 6th Congressional District of New York (Mr. Meeks).
  We follow the proud footsteps of Adam Clayton Powell who was elected 
in Congress in the late 1940s and many other Alpha brothers who have 
served in Congress and prepared the pathway for numerous other Alpha 
brothers who serve in public office at the local, State and Federal 
levels.
  Alphas can also claim three of the big four Civil Rights movements. 
So when one considers the members of this distinguished fraternity, it 
should come at no surprise that Alpha brothers would be in the 
leadership of addressing some of our most serious social problems. 
Whitney Young, Martin Luther King, Floyd McKessick were also in the 
forefront as Alpha brothers in the civil rights movement. They focused 
on the right to vote. As has already been indicated, one of the early 
slogans of the fraternity was ``A voteless people is a hopeless 
people.'' Because of this focus, the Martin Luther King Memorial is so 
appropriate, and we are proud to have an Alpha member so honored.
  We also must not forget the late Thurgood Marshall who argued the 
Supreme Court case Brown v. Board of Education, which desegregated 
public schools and led to the fall of Jim Crow laws everywhere. That is 
important to note because education has been such a critical issue in 
the Alpha history.
  ``Go to high school, go to college'' was another early slogan, an 
early program in Alpha Phi Alpha. Project Alpha is another one of those 
important projects.
  Young African-American males today face many challenges, truancy, 
illiteracy, drugs, violence and teen fatherhood. And those needs need 
to be addressed. That is why the week of October 7 through October 14 
will be Project Alpha week, focusing on Project Alpha.
  For some 20 years, now, Alpha Phi Alpha fraternity has worked with 
the March of Dimes in an effort to respond to the challenges facing 
young black males. Project Alpha is a result of this project, and its 
mission has been to create a national program to prepare young men for 
the roles that they will be expected to assume in their adulthood.
  In communities throughout this country, Project Alpha has created 
safe havens for young men to learn about and explore ways to develop 
protective factors to minimize the impact of the social hazards which 
are present today.
  Project Alpha provides education on sexuality, fatherhood, and the 
role of men in responsible relationships. It motivates young men to 
make smart decisions about their future and to take an active role in 
achieving their desired goals. It is a daunting task that Project Alpha 
has taken on.
  Young black men today face many obstacles on their road to adulthood. 
African-American males continue to lag behind their female counterparts 
in most measures of academic progress. It is particularly unfortunate 
to note that 25 percent of all black men can expect to have some 
contact with the criminal justice system.

                              {time}  1415

  We know already that nationally 3 out of every 10 young black males 
are in jail, prison, on probation, or otherwise involved in the 
criminal justice system. While unemployment levels for African 
Americans are at an all-time low, the rate continues to be unacceptable 
in many urban communities, and this presents yet another risk factor 
for young African American males.
  By focusing on those 12 to 15, Project Alpha lays the groundwork 
early for developing the protective factors that reduces the likelihood 
of teen fatherhood and the associated risks that result from teen 
pregnancy. By providing positive role models from the community, 
Project Alpha teaches the participants about the social, economic and 
personal consequences of early fatherhood. And by reducing the rate of 
teen pregnancy, we are improving the likelihood that these young men 
will stay in school, stay away from drug use and other negative 
behaviors.
  That is why we congratulate the Alpha Phi Alpha in designating 
October 7 through 14 as Project Alpha Week. I want to thank the 
gentleman from Illinois (Mr. Davis), my brother Alpha member, for 
holding this special order this afternoon. I applaud the members of 
Alpha Phi Alpha and the March of Dimes for their continued commitment 
to improving the lives of young African American males in the African 
American community and again congratulate the gentleman on holding this 
special order.
  Mr. DAVIS of Illinois. I thank the gentleman very much, and I would 
like to get the gentleman's reaction, if I could, to how much on target 
Project Alpha is.
  A study by the National Cancer Institute confirms existent data which 
reveals that as each generation comes of

[[Page 21104]]

age, there is a substantial increase in the rate of infection as 
individuals enter their late teens and early 20s, with infection 
peaking in the mid to late 20s. Sustained, targeted prevention for each 
group entering young adulthood is what will keep these waves from 
developing.
  Behavioral science has also shown that a balance of prevention 
messages is important for young people, and that total abstinence from 
sexual activity is the only sure way to prevent sexual transmission of 
HIV infection. Despite all of the efforts, some young people may still 
engage in sexual intercourse that puts them at risk for HIV and other 
STDs. For these individuals, the correct and consistent use of latex 
condoms has been shown to be highly effective in preventing the 
transmission of HIV and other STDs.
  How important does the gentleman think it is for older, and I would 
not necessarily say that all the Members of Alpha Phi Alpha are old, 
but more mature members of our society to share concepts, ideas and 
experiences with younger people, as this project kind of attempts to 
do, in steering them in a more appropriate direction? And would the 
gentleman have any challenge for other groups and organizations as to 
how they can be more helpful?
  Mr. SCOTT. Well, I think the gentleman's question really answers 
itself. The course in Project Alpha, and I have participated in many of 
the activities at the national convention and in classes in Project 
Alpha in my own home community in Virginia, and they teach 
responsibility, they teach abstinence, they teach safe sex; and it is 
done in such a way that they have the role models from the community 
coming in and explaining the importance of avoiding teen pregnancy and 
avoiding the sexually transmitted diseases.
  These kinds of role models, I think, can show that they do have a 
future. One of the high risk factors of getting into trouble is when 
young people do not feel that they have a future. They tend to involve 
themselves in more risky behaviors because they think they have nothing 
to lose. When they see role models and can see a path, particularly a 
continuum of role models, some of the older ones, like the gentleman, 
and younger ones, like me, and even younger ones, they can see that 
they have a future within their life. They see that there are jobs 
available and careers available. And to the extent that they involve 
themselves in risky behaviors, they place that future at risk.
  So we challenge other groups to get involved in the same kinds of 
interaction with our young people, because we can have a significant 
impact in keeping them out of trouble to begin with and keeping them on 
the right track, and that is why Project Alpha is so important.
  Mr. DAVIS of Illinois. Let me just thank the gentleman for his 
response and for his participation. People throw out accolades, and 
sometimes they are meaningful and sometimes not as meaningful; but when 
it comes to role modeling, I would certainly think that the gentleman 
has been and continues to be one, not only as a Member of Congress but 
also in the community where the gentleman lives and works. So I want to 
thank the gentleman for coming and for sharing with us this afternoon.
  Mr. SCOTT. I thank the gentleman as well, and I would want to point 
out that the gentleman himself has been a stalwart advocate of civil 
rights and voting rights. Just yesterday, we had a special order 
involving voting rights and the importance of voting, and my fellow 
fraternity brother has been one of the leaders in that effort.
  I want to congratulate the gentleman on his leadership. He has a long 
history of public service, going back to local government in Chicago, 
and that certainly shows that the gentleman is a role model and an 
Alpha that everyone can be proud of.
  Mr. DAVIS of Illinois. Well, I thank the gentleman. As we have 
discussed this afternoon and we have pointed out, all of our speakers 
have, the impact of HIV and AIDS in the African American community, we 
know that it has indeed been devastating. As a matter of fact, through 
December of 1998, the Center for Disease Control had received reports 
of 688,200 AIDS cases. And of those, 251,408 cases occurred among 
African Americans. Representing only an estimated 12 percent of the 
total United States population, African Americans make up almost 37 
percent of all AIDS cases reported in this country.
  Researchers estimate that 240,000 to 325,000 African Americans, about 
one in 50 African American men and one in 160 African American women, 
are infected with HIV. Of those infected with HIV, it is estimated that 
more than 106,000 African Americans are living with AIDS. So when we 
see a program like Project Alpha, there is no doubt about its 
importance in mentoring, educating and encouraging young adults to be 
responsible during their teen years and beyond.
  According to the CDC, 10 national studies have shown that education 
programs increase safer sex practices among young people who are 
sexually active. These programs also lead to abstinence, fewer sexual 
partners, and increased and more effective use of contraception among 
young men and women.
  The other major objective of Project Alpha is teen pregnancy 
reduction from a male perspective. And although teen birth rates 
experienced a decline between 1991 and 1996 across all ethnic and 
economic groups, the country is beginning to see a new surge in 
pregnant women under 20 years of age. Some important facts to consider 
are: the United States has the highest pregnancy rate of all developed 
countries. About 1 million teenagers become pregnant each year, of 
which 95 percent are unintended. Public cost as a result totaled $120 
billion between 1985 and 1990, a circumstance that may resume if 
current trends continue. It is estimated that $48 billion could have 
been saved if birth had been postponed.
  Eleven States are implementing comprehensive integrated youth 
programs to prevent teen pregnancies. While others have assistance 
programs, the Department of Health and Human Services' recent annual 
report reveals that 32 States have no specified goals regarding this 
issue. However, Project Alpha has vision with long-range benefits: to 
reduce teenage pregnancy, thereby reducing child poverty; reducing high 
school dropout rates and boosting the probability that young adults can 
fully achieve their potential.
  Furthermore, realizing that these programs are traditionally targeted 
towards raising awareness in young women, Project Alpha focuses on 
reaching young men, an important yet often overlooked factor in the 
teen pregnancy problem. By educating young men about contraception and 
emphasizing personal responsibility, positive changes in attitude and 
behavior can make a positive difference.
  Finally, again, I would like to congratulate Alpha Phi Alpha 
Fraternity and the March of Dimes for recognizing the need for Project 
Alpha and holding a week that not only serves young Americans in our 
communities nationwide, but also fulfills the alpha pledge: First of 
All, Servant of All. Does the gentleman have any other comments?
  Mr. SCOTT. I would just like to thank the March of Dimes and Project 
Alpha for providing this guidance to our young citizens, and I thank 
the gentleman for organizing this special order.
  Mr. DAVIS of Illinois. Mr. Speaker, I thank the gentleman once again, 
and First of All, Servant of All, we shall transcend all.

                          ____________________



                REPUBLICAN PLAN FOR ECONOMIC DEVELOPMENT

  The SPEAKER pro tempore (Mr. Pease). Under the Speaker's announced 
policy of January 6, 1999, the gentleman from Texas (Mr. Sessions) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. SESSIONS. Mr. Speaker, what I would like to do is to take a few 
minutes this afternoon and to begin a discussion with those Members who 
have been a part of what we have been doing with economic development, 
a plan by the Republican Party, House and Senate. This plan gives us an 
opportunity

[[Page 21105]]

to lead this country into further economic development, an opportunity 
to develop not only the plans that we have had for quite some time on 
moving this country forward by stopping the deficit spending that has 
gone on, but also to turn the country to where we are able to look at 
ourselves and what we want in the future of this country so that we 
have economic development and prosperity in this country.
  Mr. Speaker, I would like to first talk to what this Congress began 
doing in 1995, after the election that took place in 1994 where we 
signed the Contract With America. Back in 1994, when the Republicans 
began the effort we called the Contract With America, we started this 
plan and idea, which I signed on to because I believed, as my 
Republican colleagues did, that it was a comprehensive way for us to 
begin the discussion about how we change the power structure from 
Washington, D.C. to move power back home; how we go about balancing the 
budget and still maintaining economic prosperity and, lastly, how we 
take the power that is in Washington and empower people back home to 
begin making their own decisions.

                              {time}  1430

  We knew in 1994, just as we do today, that money equals power, 
probably always has and probably always will, and that the people who 
have the money are the people that are the decision makers and they are 
the people that will control, many times, the destiny.
  Yet we understood that, back in 1994, the estimates were that this 
Congress, the Congress that was a Democratic Congress at that time, 
would continue not only spending every single penny that came to 
Washington, D.C., but they would also take that money and spend more 
than what we had. That was called deficit spending, creating a debt 
that would be long-term on this country. And in 1994, by and large, we 
had a debt in this country of $5.5 trillion.
  The Contract with America, which has been the baseline document for 
Republicans and this Congress to move forward on, has become really a 
contract with America that would lead to the development of where we 
are today.
  What happened as a result of that was that two different times this 
Republican Congress, understanding that welfare was a huge issue in 
this country, people on welfare needed to come and join what was going 
on not only in workplaces but would also be a better relationship that 
they would have with their families to go and create opportunities for 
those families, many times having a job where they had not had them in 
generations, and so what happened was we changed the dynamics by 
changing the law.
  What happened in that entire endeavor was we all of a sudden created 
economic opportunity. Instead of some seven million people being on 
welfare today, as they were back before 1996, there are now seven 
million people who get up every morning and leave their home and go to 
work. They go to work and they become taxpayers. They have become 
credible people that we can look at and say they have made our country 
better. Many times they may be doormen or cooks, they may be drivers, 
they may be involved in teaching our children. But they are people who 
have made a significant gain in their own personal life and for the 
life of our Nation.
  We are now at the point where these seven million people have created 
opportunities, because they are now taxpayers, to become a part of 
paying into what this country has with its system, Social Security, 
Medicare, the opportunity to pay school taxes, to have a strong voice 
because they now feel a greater responsibility, and they have been 
empowered to become a part of what we are doing.
  What has happened is that this Republican Congress went from 1996 to 
1997 and we had a package, an economic development package, it was 
called a tax cut package also, and we understood as conservatives that 
we would incent America to begin the process of wanting to not only 
invest in jobs and opportunities but also to invest in our stock market 
and the critical mass that was necessary to begin our infrastructure 
capitals, and we did this by first cutting taxes. It was a following up 
with what happened with us having our welfare changes. And we cut 
taxes. We cut the capital gains tax.
  Of course there were people that did not want us to do that. The tax 
collectors that were in Washington, D.C., said, we should not do that. 
That will ruin our deficit. We were told it would cost the tax 
collector $9 billion. In fact, what it did is it brought in $90 
billion. It was the catalyst for this country completely turning around 
to where we all of a sudden then had a surplus.
  For, you see, if you do not have a surplus, you cannot pay off your 
debts. What it did is it changed the direction to where we quit 
spending money on welfare and started spending more on education and on 
the infrastructure of this country.
  Point two: We looked at families and said, you are the most important 
asset America has; and we created what was then called a $500 per-child 
tax credit. It has been nothing less than marvelous to see my neighbors 
and friends who want to take care of their own family who now have a 
chance to get back their hard-earned money so that they can take care 
of their own children.
  Point three: We raised the exemption on what is called the death tax, 
estate tax. We looked at who was being hurt and we compromised with the 
President and said, we need to raise the exemption.
  We went immediately to farmers, people who own their only property 
for agriculture, and we raised the exemption. We changed this because 
we believed then and believe now that the people who own their own land 
and agriculture, for the people that own their own small businesses 
who, yes, may have assets and resources but are cash poor, should not, 
based upon death, have these assets taxed to the point to where their 
heirs have to sell the farm, sell the small business and break it up 
simply to pay the tax collector.
  These are the things that we did to bring us to the point where we 
are in America where we have created a surplus. We now have breathing 
room. We now know and are prepared as a Congress to move forward with 
the new President, a new President that has a bold plan about how we 
are going to not only make America sound by paying down the debt but by 
creating economic opportunity for the future.
  I am pleased to be joined today by my good friend, the majority 
leader of the United States Congress, the gentleman from Texas (Mr. 
Armey). The gentleman from Texas has been a leader in the efforts to 
make sure that the plans that will develop America to where people get 
back more money in their pocket to where they have the power will be a 
key to our future because he is not only majority leader but he is also 
a grandfather and he recognizes that the future of this country rests 
with our grandchildren.
  Mr. Speaker, I yield to the gentleman from Texas (Mr. Armey) on this 
matter.
  Mr. ARMEY. Mr. Speaker, I thank the gentleman from Texas (Mr. 
Sessions) for taking this hour so that we can conduct this discussion.
  Mr. Speaker, I think we in America ought to recognize our heroes, we 
ought to recognize the people that help this Nation prosper and do 
well.
  There is no doubt in my mind that this Nation owes a debt of 
gratitude to Bill and Al. Bill and Al can rightfully be cited as the 
people that perhaps more than anybody else has made it possible for 
this Nation to be as prosperous as it is.
  More than any other two people, perhaps these two people, Bill and 
Al, are the people that we can credit for all the jobs, the prosperous 
economy, the fact that the Federal Government is running a surplus, the 
fact that that surplus combined with the fiscal restraint we have shown 
here in the House of Representatives has allowed us just on last 
Saturday to have paid down an astonishing, an astonishing $350 billion 
in debt in the last 3 fiscal years.

[[Page 21106]]

  Bill and Al, Mr. Speaker, have done so much more than any other two 
people I can think ever to warrant our applause and our appreciation 
for what they have done to make all this possible.
  So I would like this body to join me to give a special thank you to 
Bill and Al, Bill Gates and Alan Greenspan. Without their hard work, we 
could not have prospered the way we have done.
  That is not necessarily the voice that you will hear out of the 
campaign, Mr. Speaker. The Vice President is running for President, and 
the essence of his message is, this prosperity is the best idea I ever 
had. He is saying, without myself and the President, we could never 
have had this prosperity; and if you do not elect me President, you may 
lose your prosperity.
  It is a frightening thought, Mr. Speaker. When I listen to these 
speeches on the campaign trail and I realize that the argument that I 
am hearing is that, the President and I gave you the prosperity and if 
you lose us, you will lose the prosperity, I am haunted by this fear 
that on Tuesday we will win the election and I will wake up on 
Wednesday and discover the Internet has gone away.
  But let us look at this. The Vice President says, my plan will secure 
the prosperity, my plan will preserve the surplus, my plan will 
continue to buy down debt and save Social Security.
  We have taken the trouble to look at the Vice President's plan. And, 
Mr. Speaker, the Vice President is putting out an economic plan that 
would spend the on-budget surplus. Indeed he would not only spend all 
of the on-budget surplus, and this is what I refer to in common 
parlance as the income tax surplus, but he would even return us to 
those frightening days of yesteryear when this Government continuously 
raided the Social Security, and under the Vice President's plan, should 
he get elected and implement his plan, we would not only spend all of 
the income tax surplus, but he would go back to the days of raiding the 
Social Security trust fund and spending those monies, as well.
  Mr. DREIER. Mr. Speaker, will the gentleman yield?
  Mr. SESSIONS. I yield to the gentleman from California.
  Mr. DREIER. Mr. Speaker, I thank my friend for yielding.
  The reason I am here is that, with two distinguished Texans having 
taken the floor, I think it is important to provide a little geographic 
perspective to this debate.
  The fact of the matter is my geographic perspective comes from 
California and the area which I am privileged to represent, Los 
Angeles, which happened to be the site of the Democratic National 
Convention.
  At the Staples Center, we saw the Vice President deliver a speech in 
which he unveiled about 37 different programs which, based on the 
studies we found, would cost a projected $2.3 trillion. And so, my 
friend is right on target when he talks about the fact that when we 
look at where it is we are going and the things that have been 
proposed, we are going back to a dramatic level of spending.
  In fact, I have argued that if, God forbid, Al Gore were to be 
elected President of the United States, there are many people, 
certainly on our side of the aisle, who might look back and think, my 
gosh, would it not be wonderful if we had the days of Bill Clinton 
again. Because we know that it has been President Clinton who has 
embraced the 1997 balanced budget agreement, putting us on the road 
towards balancing the budget not through the tax increase, much of 
which has been repealed in 1993 that he put through and which Vice 
President Gore was the deciding vote on in the United States Senate 
when they voted to do things like have a $48 billion cut in Medicare 
that was included in that package that they are so proud of, and at the 
same time we saw the President embrace our tax reduction effort in 
1997.
  He has embraced the traditional Republican themes of free trade, and 
we are very proud that he joined with us in doing a number of free 
trade things; and, of course, the welfare reform bill, which, as we all 
have said time and time again, he twice vetoed and ultimately signed.
  My point is that those bipartisan accomplishments which President 
Clinton has joined us on, would I believe in large part be reversed 
with many of the programs that my friend is referring to that have been 
unveiled by the Vice President.
  I think it is very important for the American people to know that, 
while people have said that the moniker of tax and spend which 
traditionally had been put around the necks of Democrats in the past 
and we Republicans have so often said tax-and-spend Democrats, it has 
been not as easy to do that over the past few years since President 
Clinton joined with us in a number of initiatives, but if we look at 
this proposal which has come forward from Vice President Gore, tax and 
spend would be an understatement for the pattern that we would have.
  I wonder if my friend would agree with that.
  Mr. ARMEY. Mr. Speaker, yes, I would. I must say, if the gentleman 
from Texas will continue to yield to us, my colleague says the Vice 
President today embraces the welfare reform and he embraces the budget 
agreement we reached in 1997.
  Mr. DREIER. Mr. Speaker, I said the President did.
  Mr. ARMEY. The President did.
  The fact of the matter is part of the story that the Vice President 
does not tell us is that he did in fact vote in 1993 for President 
Clinton's budget, that budget that increased taxes, a larger increase 
in taxes than any other time in the history of the world, increased 
taxes on gasoline, increased taxes on Social Security benefits, 
increased taxes across the Nation.

                              {time}  1445

  Then in 1997, in fact, he vehemently objected to our budget agreement 
where we reduced taxes and set us on the course to a balanced budget. 
The clear fact of the matter is that if you took the Congressional 
Budget Office and the Office of Management and Budget at the White 
House, the projections that they made in 1994 for where we would be 
this fiscal year under the President's 1993 budget, that budget for 
which the Vice President so consistently claims credit by virtue of 
having cast the tie-breaking vote in the Senate, that under that budget 
had it continued, we would have had a $264 billion deficit this year. 
Now, that was not my projection. That was the projection made by the 
President's own Office of Management and Budget, which was agreed to by 
the Congressional Budget Office.
  It was only after 1995, 1996, and especially 1997 where we made this 
enormous change in direction in the budget that we began to see the 
projections change; and, indeed, rather than a $264 billion deficit 
that was projected for this year under the President's 1993 budget, 
today, thanks to the 1997 budget, the welfare reform and the other 
things that we did, we have an actual surplus of $250 billion. From 
$268 billion in deficit to $250 billion of actual surplus is a half a 
trillion dollars' worth of budget turnaround.
  Mr. DREIER. If the gentleman will yield on that point, I think it is 
important for us to note that with that $264 billion projected deficit, 
it pales in comparison to the projected spending level that we would 
see under these plans that have been unveiled by Vice President Gore. I 
think that is one of the most troubling things. As bad as those 
proposals were projecting a $264 billion deficit, they look wonderful, 
and almost like a surplus, compared to what has been put before us as 
far as projected spending.
  Mr. ARMEY. The gentleman is absolutely right. I am reminded of that 
wonderful song by another very important and colorful Californian, 
Merle Haggard, ``Rainbow Stew,'' where Merle Haggard bemoans the 
American fear that Presidents will go through the White House door and 
not do what they said they would do. In the case of the Vice 
President's budget proposal, I think, Mr. and Mrs. America, our fear 
should be that this President would go through the White House door and 
do what he said he would do.
  We all look at Bill Clinton, and we think of him as a big spender; 
but when

[[Page 21107]]

you think of President Clinton as a big spender, you have got to 
recognize that as a big spender, he is a piker next to Vice President 
Al Gore and his plans. Vice President Al Gore wants $3 for new 
government spending programs compared to every $1 in new programs 
requested by President Clinton. That is what I call an awful lot of 
risky, big government spending schemes.
  Vice President Gore's spending proposals add up to at least $2.7 
trillion in new Federal spending over the next 10 years. This is 
important for us to understand: he would spend the entire projected on-
budget surplus to pay for his massive expansion of government. That is 
not what he said the other night. He said the other night he is going 
to preserve the surplus. But the fact is if he got his way on the 
spending proposal that he is campaigning on, he would spend the entire 
income tax surplus.
  Mr. SESSIONS. It is interesting that what took place the other night 
with the discussion of what the Vice President said, and he looks right 
at the camera and says it. Yet he looked at the camera and talked about 
him being in our home State a year ago when we were having natural 
disasters and then admitted a day later, well, he was not there at all. 
He told us a story about the school where the girl who is the daughter 
of the restaurateur did not even have a desk to sit at. Yet the reason 
why, we now find out, after the fact, that 100 new computers were being 
delivered to the school that day and her desk was taken to put a 
computer on it.
  Which person can we trust? I would suggest to you it is the numbers 
that you have talked about that is his real plan and the real effects 
that it will have.
  Mr. ARMEY. That is what we are trying to do here. For example, one of 
the other things we discover when we look at the plan proposed by Vice 
President Gore is that for every dollar by which he would cut taxes, 
and I might mention, that would be a net tax cut because he has in fact 
more actual tax increases than he has tax reductions in his budget 
plan, but for every net dollar of tax reduction, he would raise 
government spending by $6.75.
  His spending spree would not stop there. His plan would also spend 
from the Social Security trust fund. We stopped the raid on Social 
Security, and we will not go back.
  Mr. Speaker, I think there is a fact we should recognize here. I 
think it is a telling statistical comparison. If we take the period of 
time from 1980 to 1990, the United States people sent to this 
government a doubling of the money they sent because of the economic 
growth that followed in the first couple of years of the Reagan 
administration in 1981 and 1982.
  Mr. DREIER. If the gentleman will yield, that was due to one measure. 
It was the Economic Recovery Tax Act of 1981, which Ronald Reagan 
pushed for and was able to get ultimately some southern Democrats and 
some of your Texas colleagues to vote in favor of. That laid the 
groundwork for a doubling of that flow of revenues to the Treasury 
through the decade of the 1980s.
  Mr. ARMEY. Through the decade of the 1980s. This incidentally is 
labeled by the Vice President and his friends as ``the decade of 
greed,'' where also incidentally you had charitable giving not only 
double but charitable giving to faith-based institutions triple during 
this period of time. The American people did a magnificent job. They 
not only built more, created more jobs, earned more, paid more in 
taxes; but they doubled what they gave to charities and tripled what 
they gave to faith-based charities. Yet they have the audacity to look 
at you and me and our families back home and indict us as having lived 
a decade of greed.
  We doubled what we sent to Washington. Bless us. What did Washington 
do with it? Washington increased spending by $1.68 for every increased 
dollar we sent them. It does not take any genius to figure this one 
out. Any time you increase the money coming in by a dollar and increase 
the money going out by $1.68, you are going to run a deficit. That is 
what we did. That deficit was so large that it not only spent all of 
the Social Security trust fund surpluses we generated in those areas, 
up to $60, $70, $80 billion a year; but it ran a $250 billion deficit.
  Let me just say, since 1994, after we put in the massive 
restructuring of what we call entitlement or mandatory spending, that 
spending that could never be touched by any President but it was 
required by Congress to restructure the actual spending programs, 
welfare reform being the most applauded incident of such reform, that 
has put 4 million people to work that up to that point had lived in the 
hopeless despair of welfare. But since that period of time, for every 
increased dollar the American people have sent in to Washington, 
spending has gone up by less than 50 cents. Once again, it does not 
take a genius to figure that one out. If you have got an increased 
dollar coming out and you are spending out less than 50 cents, you are 
running a surplus.
  That surplus was the product of two things: the prosperity of the 
American people, the job creation, the expansion, the invention that we 
see in this magnificent electronic revolution that we are surrounded by 
in America, the increased tax bonus that came to Washington because 
America was doing well; and a first time in my lifetime restraint of 
government spending by a responsible Congress that did the one thing 
that everybody by that time knew was imperative, reformed the 
institutionalized, mandatory government spending programs that had been 
constructed through all that period of time beginning in the mid-1960s 
called the Great Society programs of President Johnson, and added to 
quite often by, and most often by, Members of this body.
  Mr. DREIER. If the gentleman will yield on that point, when I heard 
him mention the Great Society, I was reminded of an analysis that I 
heard of the programs that have been put forward by the Vice President, 
and an independent analyst, I frankly have to admit I do not remember 
which one it was, I was either reading the newspaper or I may have 
listened to it on National Public Radio, they came on and talked about 
how these proposals which have come forward from the Vice President 
actually match, or in some cases even exceed, the level of spending 
that we saw launched as the Great Society.
  We do know full well that the spending on subventions that we saw 
launched with the Great Society were in excess of $5.2 trillion, as 
Speaker Hastert likes to say, with a T, that is trillion with a T, $5.2 
trillion in spending; and we saw during that period of time the poverty 
level in this country go from 14.7 percent to 15.2 percent. And so that 
pattern has clearly failed. And we all know very well that it has 
failed around the world, as we have seen people clawing toward self-
determination.
  We are watching the situation unfold at this moment in Belgrade where 
hundreds of thousands of people are storming to have self-determination 
because they feel that their votes were improperly counted there. The 
rest of the world is moving towards individual initiative, 
responsibility, self-determination, and the proposals that have come 
forward from Vice President Gore shift us back to the failed policies 
of the Great Society. That is something that I think again the American 
people need to know and it is an extraordinarily troubling situation.
  Mr. ARMEY. I want to ask the gentleman from Texas (Mr. Sessions), we 
all watched this debate the other night and we are always impressed 
with glib politicians. People who can turn a phrase impress us. I 
always like a wordsmith. But every time I see one of these politicians 
that can come along and so slickly recite expressions, phrases, 
numbers, I always have to stop and ask myself, can that fellow really 
be trusted with words and numbers?
  One of the things the Vice President made a big point of the other 
night was that if you elect me, we will never, ever, ever touch your 
Social Security trust funds. Now, first of all they have got a bad 
track record on that. But we take a look again at his budget proposals. 
And his very own proposals

[[Page 21108]]

when you score them out, they estimate that the Vice President would 
rob the trust fund of between $500 billion and $900 billion to pay for 
his new spending agenda.
  Mr. and Mrs. America, we are today celebrating the fact that we have 
made $350 billion in debt reduction; and here we have got a fellow that 
has come along and said, ``I'm going to spend between $500 billion and 
$900 billion to pay for my new programs.''
  Mr. SESSIONS. I think the gentleman is right. What is interesting is 
that I felt like that there should have been some tracer along the 
bottom about truth in advertising, because, in fact, what happened is 
that the Vice President made it seem like that he would support these 
lockboxes that would be available for Social Security and Medicare; and 
yet it is the Vice President's own party, the Senate minority leader 
Tom Daschle, that will not allow seniors today to be able to have their 
own lockbox for Social Security. And yet we are supposed to trust the 
Vice President to say if he were only President, he would accomplish 
what he cannot get done or President Clinton cannot get done today. 
Truth in advertising should be important.
  Mr. ARMEY. Yes, it should. Here is another case in point. The 
gentleman from California will recognize this distinguished professor 
from Stanford University, Dr. John Cogan. The Vice President says his 
plan would cost $200 billion over 10 years. We have already seen that 
the estimates are that it would rob the trust fund of between $500 
billion and $900 billion. The Vice President says it would cost only 
$200 billion over the next years. Let us not take my word for it. Let 
us not take his word for it. Perhaps I might be perceived as one of 
those glib politicians, such a good wordsmith. How about Dr. John Cogan 
of Stanford University. He says that the Vice President's plan would 
cost $160 billion in the very first year alone. Yet the Vice President 
says that it would be $200 billion over 10 years.
  Again, you have got to have an objective measure of these numbers. 
Ladies and gentlemen, be very, very careful when somebody says, ``I'm 
from Washington; I'm here to help you. Trust me, I'm from the 
government.'' I think it is better to get a second opinion and a second 
opinion from the professor from Stanford would be helpful here.

                              {time}  1500

  Mr. DREIER. I am going to give a second opinion, but it is my opinion 
of what Professor Cogan had to say on the issue of tax reduction. My 
friend, another Dallas friend of mine here, the gentleman from Texas 
(Mr. Sessions), just handed me a clip from the editorial page of the 
``Wall Street Journal.''
  First, I see we are joined by another gentleman from Texas (Mr. 
Hall).
  Mr. SESSIONS. All conservatives.
  Mr. DREIER. I am happy to have the gentleman from Texas (Mr. Hall) 
joining us. Let me say as we look at where we stand on this tax 
proposal, the thing that was very, very troubling was this argument 
that, of course, every bit of benefit goes to the richest 1 percent of 
the American people. We continue to have that argument put forward.
  Professor Cogan has really blown the top right off of that argument, 
as was pointed out, in this piece in the Journal the day before 
yesterday, in which it talks about the fact that people at the lowest 
end of economic spectrum are those that have the greatest percentage 
reduction.
  I guess if you look at the fact that there are people who make large 
amounts of money and maybe pay $500,000, $1 million in taxes, you have 
got to ask if someone does pay $500,000 in taxes, as Michael Reagan 
posed last night on his radio program when I was talking to him, are 
they not entitled to some type of reduction? Well, under the plan that 
Governor Bush has put forward, they would get about a 10 percent 
reduction in their tax burden.
  Yet those who are earning less than $35,000 a year get how much, 
based on this assessment that Professor Cogan has put forward? A 100 
percent reduction. Why? Because if you couple the doubling of the child 
tax credit from $500 to $1,000, along with the overall rate reduction, 
it is very, very clear that those who are earning less than $35,000 are 
the greatest percentage beneficiaries from this program that has been 
put forward by Governor Bush.
  Again, that has not gotten out there, but Professor Cogan very 
correctly points to that, those who are in the upper-income levels have 
the lowest percentage reduction. But it does seem to me that the 
argument that we have been getting for the past several months on this 
us-versus-them class warfare, that is why I think George Bush is right 
on target when he describes himself as a uniter and not a divider.
  I have oft quoted our former colleague, the late Senator Paul 
Tsongas, who said it so well. He said, ``The problem with my Democratic 
Party is that they love employees, but they hate employers.'' So that 
has created a situation where we do not recognize what my friend from 
Dallas, Texas (Mr. Armey) has just mentioned, where the people in, for 
example, the technology sector of the economy, 45 percent of our 
Nation's gross domestic product growth in the past 3 years has come 
from these job creators.
  Yes, there are a lot of very rich people, and I know my friend opened 
by talking about Bill and Al. Bill Gates is one of them, who has been 
very successful financially. But look at what he has created in jobs, 
in improving the quality of life and standard of living, not only here 
in the United States, but around the world. So they are tremendous 
beneficiaries of this successful man, who has had the incentive to try 
and look at creative ways to deal with challenges that are out there. 
And these proposals, which would be so divisive, that the Vice 
President has put forward, would do little more than stifle that kind 
of creativity. I find it very troubling.
  Mr. HALL of Texas. If the gentleman would yield, does the gentleman 
remember when it was indicated that a George McKinney, who was a friend 
of the Vice President, had to go to Canada, as a $25,000 a year man, 
had to go to Canada to get satisfaction in the health field. I just 
wondered, who sent him up there for the last 8 years? I think a real 
good answer would have been, you know, 8\1/2\ years is long enough for 
that to happen. If they put the right folks in position and then charge 
up here, he will not have to go to Canada; he can go to his corner 
drugstore.
  Mr. SESSIONS. Reclaiming my time, there has been a good question that 
has been thrown on the floor, and certainly the gentleman from Texas 
(Mr. Hall), a man of great stature and also with grandchildren at home, 
as I looked at just in being the father of two little boys, I heard Al 
Gore talk about the top 1 percent. He was running against success in 
America, people who are successful, people who obviously have made so 
much money that, by golly, we should run against them.
  In fact, I have always taught as a parent, as a scoutmaster, and even 
as an employer and certainly in my congressional district, we want and 
need people who will come and work hard. Yes, they will be rewarded for 
what they do, but expect them to give back to their community.
  Bill Gates, incredible amounts of money that he has given for 
learning projects, for opportunity to employ people, and yet what do we 
hear? We hear Vice President Gore attack Bill Gates, attack the top 1 
percent.
  It is a philosophy that then flows directly to the Attorney General 
of the United States, who, rather than trying to encourage competition, 
goes and beats up the largest, most value-packed company in the world, 
that has created millions of jobs.
  Since that time, it is the Attorney General and her actions of 
government that have put the economy at risk. It is the high-tech 
companies that today are worried about their profits, that are worried 
about it.
  Of course, the question that came from Mr. Lehrer was about the world 
economy. I believe the answer is it is the United States Government and 
Al Gore, through the policies and procedures because they do not like 
people

[[Page 21109]]

to be rich, they do not want people to be successful, for envy reasons, 
that would destroy what we have built up in this country.
  Mr. ARMEY. Maybe the gentleman from Texas might make a point. I would 
like to come back to that point too.
  Mr. HALL of Texas. I thank the majority leader and the gentleman from 
Dallas. Everybody, from a young man like Calvin Clyde from Tyler, 
Texas, who sits by my side, to people past my age, are a little sick of 
pitting class against class. I think that is old stock. I do not think 
it sets well. I think the American people can see through that.
  Mr. ARMEY. I want to talk about this 1 percent. I am getting tired of 
hearing it. When we tried to do the $500 per child tax credit, they 
said that is for the top 1 percent richest people of America. Give me a 
break on that. I raised five children. I never felt rich at any time 
when one of those babies came along. I perhaps had blessings beyond my 
wildest dreams in all five of them, but I do not remember feeling rich.
  We said, well, we will eliminate the marriage penalty. They came back 
and said, that is a tax break for your rich friends. Again, come on, 
how many young people getting married feel rich? They may feel blessed, 
but, bless their hearts, they do not feel rich. If they do get married, 
why stick them with a $1,400 tax penalty? I laugh at our Tax Code. It 
just tickles me.
  We have got a generous, although constantly eroding, home mortgage 
deduction to encourage us to buy a house, and then we have got a 
marriage penalty to encourage us to live in it out of wedlock. The 
government cannot make up their mind as to what they want to do in 
their social engineering. But that top 1 percent, this has become a 
mantra. No matter what tax reduction you talk about, it gets the same 
indictment.
  Here is the real story. The real story of the debate is whose money 
is it? If I reduce taxes, I thereby will take less of your money. It is 
your money. But how is it characterized? As me having a big tax 
giveaway.
  I cannot give away what is not mine to give. It is your money. And 
that is the fundamental message. Why is it if they take 90 percent of 
the budget surplus and we commit to buying down debt, and then take 
from that 10 percent that remains the essential spending for a lot of 
our emergencies, like the fires and floods you have been seeing, to 
restore our military readiness so our children will be safe on the job 
as they defend liberty here and abroad, a few of the other things, and 
then say another 5 percent of it we give back in taxes, or just refuse 
to take it away in taxes, why is that going to blow a hole in the 
budget when you have got, by alternative, a spending proposal that is 
$1.2 trillion over the next 10 years? Why is it they always say, when I 
spend more of your money, that is good for the economy; but if I leave 
you to spend more of your money, that is bad for the economy?
  Let me just finish my point. In the end, whether I spend the money or 
the government spends the money, the acid test is, am I getting what I 
need for myself and my family?
  Now, the Vice President, he presumes he knows better. He thinks he 
can, through the government, buy better for me and my family than I 
can. My response to that is, oh, yeah? When was the last time you got 
your wife the right birthday present? I cannot even figure it out for 
my wife, who I know better than any other person in the world and love 
more than all other people in the world. And I cannot get the right 
birthday present. Why does somebody in Washington think they can do a 
better job for my wife than I can, or, for that matter, for me? The 
audacity of that just amazes me.
  Mr. SESSIONS. I thank the majority leader for being here today, and I 
will tell the gentleman that I believe his time as a professor of 
economics not only pays often, has paid off in the past, but will pay 
off in the future. It is a matter of freedom. It is a matter of freedom 
about who is going to make decisions for who.
  One of the things which we as conservatives repeatedly speak about is 
that we believe it is not only our money, but it should be our 
decision-making process also. I think it really gets back to this 
question of who is going to make the decisions for us. It is either 
going to be the tax collector or the taxpayer. And money still equals 
power, and the opportunity to have money in your pocket means that you 
cannot only engage in the debate and be a part of what is happening, 
but you can have a say in the final answer. And when Washington, D.C. 
gets all the money, which is what Al Gore wants, then they will be the 
decision maker in life.
  If we give the money back to the taxpayer, which is what George Bush 
and the Republican Party wants, then we will have an opportunity for 
people to not only come and participate in America, but for their 
answer to be the winning answer, their dream to be the bigger dream.
  I yield to the gentleman from California.
  Mr. DOOLITTLE. I appreciate the gentleman having this special order. 
I have been absolutely fascinated with some of the claims I see being 
made by our liberal Democrat brethren, and one of them is that the big 
thing now is to attack our tax cut plan, because we are giving a tax 
cut to the wealthiest 1 percent of Americans. Of course, they never 
point out those are the Americans who paid a lot of the taxes, and, in 
fact, I believe the figures are that the top 5 percent of taxpayers 
paid a majority of the income taxes in this country.
  So it is really Marxist class warfare, is what it is. In fact, I do 
not like to use the term ``middle class,'' and I hear Vice President 
Gore use that term over and over and over again. It is a Marxist term. 
You will never find in the U.S. Constitution any reference to 
``class.'' In fact, it says all men are created equal. It is the very 
opposite of this idea of classes that are to be pitted against each 
other, somehow using government to redistribute benefits from one to go 
to the other.
  I was absolutely fascinated to hear the attack levied recently by the 
Vice President on Republicans, and specifically Governor Bush, over 
this 1 percent, over giving the tax cut to all Americans, including the 
1 percent of the wealthiest, and yet he then turns around and attacks 
the Republicans for not giving free prescription drugs to the top 1 
percent of wealthiest Americans.
  Figure that one out. If that is not the height of hypocrisy and 
nonsense, I do not know what is. His socialistic disastrous plan for 
prescription drugs would destroy the surplus that we have worked so 
hard in the 6 years of Republican administration of this Congress to 
build up. He would create just another huge entitlement program that 
would result pretty much in government price fixing, and the drug 
industry would drop innovation and would be giving all these free 
prescription drugs to people who do not need them, and all the time he 
is telling us what a great fiscal conservative he is.
  Mr. SESSIONS. It is interesting that the facts of what George Bush's 
own tax plan is all about was in the ``Wall Street Journal,'' a review 
of it, on September 5 of this year. Here is what it does. I quote from 
this article. ``The Bush tax cut does not favor the rich.''
  The ``Wall Street Journal'' says, ``The Bush tax cut does not favor 
the rich. This is not a flat tax, or even a proportional cut, though 
such cuts would be more efficient in economic terms. Rather, higher 
income families get lower percentage reductions.''

                              {time}  1515

  This is household income. Those earning $50,000 to $75,000 a year 
would see an average cut of 30 percent. My colleagues, I will tell you 
that this is exactly in line with what our economics have been, to take 
the burden away from people who earn between $50,000 and $75,000. 
Families earning $75,000 to $100,000 would see an average cut of 18 
percent, and those earning more than $100,000 would have an average 
reduction of 10 percent.
  Mr. Speaker, what this does very clearly is say that where you have 
two people, perhaps they are both teachers

[[Page 21110]]

making $35,000 and $35,000, they would receive a cut of 30 percent.
  All the time in my district, wherever I go, I try and talk about how 
teachers are great for not only our schools and our children, but for 
America; and they talk about they want a pay raise, they need more 
money, they need more money. The George Bush tax plan would give the 
average teacher and a spouse a 30 percent tax cut.
  I cannot imagine any school board giving their teachers a 30 percent 
tax increase. We need to have a tax cut. This government is too big and 
costs too much money. We need to give the power back, yes, even to our 
own teachers.
  I yield to the gentleman from Texas (Mr. Armey).
  Mr. ARMEY. Mr. Speaker, I think the gentleman from Texas also makes a 
point, you have to define your terms. What is a tax cut? George Bush 
suggests, like most of us would and the common sense parlance, that a 
tax cut is a reduced tax bill to those people who pay taxes. Is not 
that what most Americans would think?
  Vice President Gore has one scheme here where he asks the IRS to 
actually write checks to people who do not even pay taxes, and he calls 
that a tax cut. Now, I call that a spending spree. It seems to me that 
there is a very definitional thing.
  Can you imagine when the Vice President talks about his tax cuts that 
what is featured in there is this risky scheme where he is going to say 
to the IRS, you write checks to people who do not even pay taxes, and 
we will call it a tax cut. I would not call it that at all. I would 
call that a funds distribution.
  Mr. Speaker, I pay taxes. The IRS has taken my tax money and given it 
to somebody else, but they are certainly not reducing anybody's taxes 
in the process. Let us start with making a fundamental thing. A tax cut 
should be, by definition, a reduction in the tax liability of somebody 
who pays a tax. Is that not a fair definition?
  Mr. SESSIONS. Mr. Speaker, I would agree with the gentleman. I would 
agree with that.
  Mr. ARMEY. I think the gentleman from Pennsylvania (Mr. Toomey) is 
here with us.
  Mr. TOOMEY. Mr. Speaker, if the gentleman would yield, I would like 
to add to this discussion the following thought: clearly, Governor Bush 
made the case, I thought very persuasively, and the choice between Vice 
President Al Gore and what Governor Bush comes down to is will we be a 
freer society in which the men and women who produce the assets and 
resources of our country get to decide how to allocate those assets and 
resources, or will it be a less free society and we will see the 
Federal Government's massive new powers, massive new spending that the 
Vice President has proposed and believes in?
  I would just like to make two observations. First, if we believe in 
the very central premise on which our Nation was founded, the principle 
of individual liability, then that is a very compelling reason in and 
of itself to support Governor Bush, because he wants to expand the 
freedom of the men and women of our country. But if we are not 
persuaded by that principle, then I would suggest that we ask 
ourselves, what does the empirical evidence suggest? What does the data 
suggest about the results of economic freedom?
  The fact is, the jury is in, the verdict is in. The outcome is very, 
very clear. Mr. Speaker, I would suggest to my colleagues that they 
might want to read an annual report that is produced by the Heritage 
Foundation in cooperation with the Wall Street Journal, and it is a 
fascinating report. What it does, it measures the extent to which 
various societies around the world are economically free.
  It measures things such as the level of government expenditures in an 
economy, the level of the tax burden, the amount of the regulatory 
burden, whether or not currencies are exchangeable. It takes this 
measurement, and it evaluates those countries which are essentially 
free economies, and it analyzes those which are essentially unfree, and 
then it shows an astonishing interesting correlation between economic 
freedom and wealth and prosperity.
  In fact, I would suggest my colleagues turn to page 21 of this 
report, it is the 2000 Index of Economic Freedom by the Heritage 
Foundation and Wall Street Journal, and what it demonstrates is 
empirically and objectively beyond a dispute that those economies, 
those societies that are most free are also most prosperous, allow 
their people to create the most wealth, have the highest standard of 
living, and the greatest opportunity in the world. And those societies 
which are least free have the greatest poverty and misery.
  We know that that happens on the extremes. We know that the Soviet 
Union was an economic disaster, and the United States has been an 
economic miracle, but the important point that this study illustrates 
is that it is not only true on the extremes, but it is true on the 
continuum in between.
  Mr. Speaker, just to finish and to conclude, the point that it makes 
is that if we move in the direction of greater economic freedom, 
lowering the tax burden, lowering government regulation, limiting 
Federal spending, limiting the control of our society in the hands of 
politicians and bureaucrats in Washington, if we limit that and we 
expand personal freedom and economic freedom, we will have more 
prosperity, more economic growth, more opportunity, more people with 
bigger take-home paychecks able to do the things that work best for 
their families; and that is the society that I think we all want.
  Mr. SESSIONS. Mr. Speaker, I thank the gentleman from Pennsylvania 
(Mr. Toomey). The gentleman hits right to the point, and that is, we 
want to be in an America where we have opportunity and faith in each 
other and faith in our future.
  I yield to the gentleman from Wisconsin (Mr. Ryan), to talk about the 
surplus dollars.
  Mr. RYAN of Wisconsin. Mr. Speaker, I thank the gentleman from Texas 
(Mr. Sessions) for yielding to me.
  Mr. Speaker, I serve on the Committee on the Budget, and we work very 
closely at taking a look at whose numbers add up, what we are going to 
do with the Federal budget surplus. I have here an apples-to-apples 
comparison of the Bush plan for the surplus and the Gore plan for the 
surplus.
  I think it is very important to put aside all the rhetoric you hear, 
because a lot of times when you listen to politicians' rhetoric, when 
you listen to the presidential campaign rhetoric or the media's 
interpretation of the rhetoric, you do not actually see what is being 
proposed. Let us take a look at what is actually being proposed.
  We have a monumental chance, a historic opportunity to use this 
surplus to address the many challenges facing our Nation. We have a 
chance to pay off our national debt. We have a chance to shore up 
Social Security. We have a chance to modernize and fix Medicare, and we 
have a chance to let people keep more of their hard-earned money as 
they continue to overpay their taxes.
  What the Gore plan does is it says for every dollar coming into the 
Federal Government in the form of a budget surplus for the next 10 
years, we are going to take 46 cents out of that surplus dollar, 46 
cents out of every surplus dollar will go toward Washington, will go 
toward new spending.
  Mr. Speaker, 36 cents of every surplus dollar will go towards Social 
Security and Medicare and paying down the debt. You take a look at the 
Gore plan, he has said in his speech and I notice in the debate we are 
going to pay off the debt by 2012.
  The Bush plans the debt off even faster. It puts more money towards 
preserving Social Security and Medicare and paying off the debt. It 
puts 58 cents of every surplus dollar toward paying off the debt, 
preserving Social Security and Medicare.
  The point is, if my colleagues take a look at the blue slice of this 
pie in the Bush plan, after paying off the debt, after stopping the 
raid on Social Security, paying off the debt in 12 years, after having 
a meaningful prescription drug benefit, people are still going to

[[Page 21111]]

be overpaying their taxes, and Governor Bush is proposing that 29 cents 
of every surplus dollar go back to the people who gave us the surplus, 
the taxpayers.
  What is the alternative to that vision? It is not paying down debt. 
It is not a question of cutting taxes or paying off debt. It is a 
question of after paying off the debt and shoring up Social Security 
and Medicare, giving people their money back or spending it on new 
programs in Washington, which is what the Vice President is proposing.
  He is proposing a minor 7 cents out of every surplus dollar going 
back to the taxpayers who gave us the surplus in the first place and a 
whopping 46 cents of new spending out of every surplus dollar. So the 
question that the Vice President has answered, is, it is not a question 
of paying off debt, it is a question of not giving anybody their money 
back or spending more money on new programs in Washington.
  If my colleagues take a look at the amount of spending, Bush wants to 
spend $278 billion over the next 10 years above and beyond the current 
budgets for national defense, for education, for fixing Medicare. Gore 
wants to increase spending by $2.1 trillion. He is proposing the 
largest spending increase in 35 years to double the size of the Federal 
Government in 10 years. That is the proposal you see with the Gore 
budget.
  Mr. Speaker, this is a huge election. This is about philosophy and 
vision. The question is, do you want your money to come to Washington 
and to stay in Washington, so that Washington then can give you some of 
your money back if you engage in behavior that they approve of; or do 
you want to keep some more of your own money in your paycheck to begin 
with? Do you want us to become fiscally responsible and pay off our 
debts before we launch into new spending sprees and creating more 
programs?
  These are the questions that are being answered that are going to be 
on line in the ballot this November between Bush and Gore.
  I would like to thank the gentleman from Texas (Mr. Sessions), who 
has orchestrated this hour and thank him for the time he has given.
  Mr. SESSIONS. Mr. Speaker, I thank the gentleman from Wisconsin (Mr. 
Ryan). I thank the gentleman from California (Mr. Dreier), the chairman 
of the Committee on Rules, and also the gentleman from Texas (Mr. 
Armey), the majority leader. We have had an opportunity today to speak 
about the differences between what is Al Gore's old tax and scheme 
plans versus confidence and security that we will make sure that people 
make their own decisions back at home which is called the George Bush 
plan.
  I want to thank my colleagues for not only participating today, but 
for the fervency of their belief that America's greatest days lie ahead 
of us; that I believe that America's greatest days and no problem that 
cannot be solved in America, because America will be responsible for 
its own destiny and the future, not the government.

                          ____________________



                           ILLEGAL NARCOTICS

  The SPEAKER pro tempore (Mr. Pease). Under the Speaker's announced 
policy of January 6, 1999, the gentleman from Florida (Mr. Mica) is 
recognized for 60 minutes.
  Mr. MICA. Mr. Speaker, I am pleased to come to the floor this 
afternoon, and I hope to talk about the issue that I usually come on 
Tuesday to talk about but was preempted by the presidential debates on 
Tuesday night, that is, the problem of illegal narcotics and the damage 
that illegal narcotics have done across our land.
  Mr. Speaker, I cannot help but come to the floor, though, preceding 
my colleagues who just spoke about some of the differences and the 
great balance that we have that may be undone here in this next 
election and some of the differences between the candidates on the 
issues.
  I sat with many of my colleagues, Mr. Speaker, and watched the 
debates. There are some things I would have mentioned that were not 
mentioned. Governor Bush has not been part of the legislative process 
here. The governor was chief executive of the State of Texas.
  Mr. Gore has been a Member of the other body, and the differences are 
very dramatic. He served a number of years as a Member of Congress and 
finally as a Member of the other body, and it was interesting.
  Before I get into the drug portion of my talk this afternoon, I want 
to talk about some of the differences that are very distinct, the 
failure of the Vice President, when he was a Member of Congress, to 
ever come forth with a balanced budget; the failure of Mr. Gore to ever 
come forward with a proposal to secure Social Security. He is talking 
about a lockbox.

                              {time}  1530

  The Republicans did a lockbox here. He is talking about paying down 
the deficit by 2012. We are talking about paying down the deficit 
sooner than that with the plan that we have.
  There are things that he had an opportunity, but why did he not 
propose this? When the Democrats had control of both Houses of 
Congress, the Senate, by a wide margin, and this body here by a wide 
veto-proof margin, they could do basically anything they wanted to do. 
What did they do? He said, well, I cast the deciding vote for an 
economic policy.
  Well, Mr. Speaker, his plan was to pass a deciding vote to increase 
taxes to the highest level they had. The plan that they brought to this 
floor of the House of Representatives in 1993 when they passed that 
huge tax increase projected, their projections were a $200 billion 
deficit this year. That would have been on top of raiding social 
security, which they had done decade after decade when they controlled 
this body.
  What a farce, to have this side and one of the leaders of the other 
side come before the American people and tell them that he is going to 
solve the problem if he is given another chance.
  He had a chance in the Congress, he had a chance when they controlled 
this place for 2 years with a wide, wide margin. What did they do? They 
taxed and they spent the largest tax increase.
  Talk about energy policy, they do not have a clue of an energy 
policy. They have allowed the United States of America to be held 
hostage by ten dictators and by Middle East sheiks and others and 
allowed our reliance from around 50 percent on foreign oil to go now 
into the 56 percent and growing range. So we are held hostage. That is 
their policy.
  What is amazing is that we are being held hostage by people in the 
Middle East, we who sent, under President Bush, our young men and women 
to die for them, and they cannot even negotiate an oil deal to give us 
a better rate on the per barrel oil price.
  They do not have a clue of an energy policy. On our side of the 
aisle, we have all backed a domestic plan and tried to increase 
domestic production, tried to get alternative fuels. I have been up to 
the ANWR region of Alaska. The footprint that they had and the 
technology they had years ago when they took oil out of Prudhoe Bay, 
and even taking oil out of Prudhoe Bay, it is not the same technology 
today that it was 20 years ago. There is a very small imprint and 
footprint for oil production.
  There is no reason why we have to be energy dependent. We can put a 
man on the moon. And there is no reason why we cannot devise technology 
for nuclear energy. Some countries produce much, much more of their 
energy supply by nuclear means. They do not want to talk about that, of 
course. But there is no reason why we cannot do away with nuclear waste 
and turn that actually into energy production. There is no reason why 
we should be held hostage. Under this administration, we have increased 
our dependency to foreign sources.
  Those are some of the things that I noticed in the debate.
  They talk about a tax cut and balancing the budget without hurting 
people. We heard the other side here, as we attempted to balance the 
budget. Balancing the budget is something they could have done for 40 
years here. All they had to do was match the expenditures with the 
revenues. It is not a complicated thing. Most Americans do

[[Page 21112]]

it every week. They have to limit their expenditures to what they take 
in.
  We did that, and kicking and screaming and dragging some of our 
people through elections and calling them names and accusing them of 
all kinds of atrocities is unfair. They want to do that again with 
Mediscare, with scaring seniors about social security.
  Stop and think. I have great respect for senior citizens all in my 
family that I know because they have been around a long time, and they 
are not fooled by those who will tell them that they bankrupted social 
security when they had control of the entire process. They were not 
only bankrupting the country in these huge deficit expenditures, but 
dipping into the social security trust fund, dipping into the Highway 
Trust Fund, dipping into the aviation trust fund, dipping into the 
Federal employees' trust fund.
  Every one of these accounts they raided, until we were just about at 
our financial knees. Thank goodness a Republican majority, a new 
majority in the House and in the other body, came along to rescue that.
  So now the folks from the other side that raided these funds, we 
restored the funds and took the abuse from them and were putting our 
Nation's finances in order, and they had the gall to go before the 
American people and tell them that they need another 4 years in the 
White House to solve these problems. They need control of the House and 
Senate.
  Mr. Speaker, their history is tax and spend. Their history. We passed 
legislation putting our financial House in order. We also passed a 
$1,000 tax credit for those people who have children in this country 
when they said we could not do it, that we could not do that. We passed 
a marriage penalty tax which was vetoed by those same folks that have 
taken control that want to deny tens and tens of millions of working 
men and women a little bit of money back in their pocket and not be 
penalized for being married.
  Is that family-friendly? Is that helping working people? So I saw 
those debates, too. I am so glad my colleagues were here before me to 
reiterate some of the issues.
  The question of education, for 40 years the other side has done 
nothing but bring power to Washington, as far as education. We heard in 
the debates that only 6 cents of every dollar comes from the Federal 
Government. We have a Department of Education with thousands of 
bureaucrats, most of them in Washington, D.C., 5,000, and many 
thousands of contract employees. They disguise the true number of 
employees. I will talk about Federal employees in just a moment.
  But in education, we have 5,000, and within just a few miles of my 
voice in this Capitol there are 3,000 Department of Education Federal 
employees.
  One time I took a student who was visiting here. We were on our way 
down to the White House. We drive from the Capitol to the White House 
and see all of these buildings, these massive buildings. He asked me, 
what do people do in those buildings? We passed the Department of 
Education. I told him, there are 3,000 Federal education employees just 
in Washington, D.C. I will tell you what they do, they administer 
hundreds of Federal education programs. We were up to 760 Federal 
education programs, all well-meaning, but all that required 
administration and overhead.
  Not only do they require it in downtown Washington in those 
buildings, where they make $60,000 to $100,000, on average, and show me 
one teacher in my district that makes $60,000 to $100,000. I do not 
know of any. But they make it in those buildings here.
  I will tell the Members what those people do in the Department of 
Education: They pass rules and regulations. They administer those 760 
programs.
  I have no problem with the Federal Government providing money to 
education. In fact, I guarantee Members, if we ask this question and 
people would answer, this would be the response. The question would be, 
if we were thinking about it, who would provide more funding for 
education, Republicans or Democrats? If we had an audience here, Mr. 
Speaker, of citizens sitting here, they would probably say the 
Democrats would.
  That is wrong. The Democrats, when they had control, again, and when 
they were running these deficits, they put very little money into 
education and increases.
  If we take the same period of time that we have had control of this 
House and we go back when they had control, we dramatically increased 
the funding and money available for education as a percentage compared 
to what they did, and put more money in student loans. The difference 
is that they put more money in administration. They put more emphasis 
on regulation. They want the control here in Washington, D.C., so that 
is why they not only require those 3,000 Federal employees here 
administering these programs, again, well-intended, but they require 
them in the regional offices.
  Then, what is worse is they require them in the State capitals and 
down at the school boards until we get down to the poor teacher. The 
teacher is held captive by rules, regulations, by the mandates coming 
from Washington. I guarantee Members that if we had a President Gore, 
he would be the king of rules and regulations, and more control in 
Washington.
  That is what the debate is about: Do we want Washington and the 
Federal Government to have more control, more power, more authority, or 
do we want the money that is hard earned by the taxpayers to go back to 
the taxpayers? That is the major question, the major difference, for 
the people who get their check at the end of the week and they look at 
the check and there is very little left.
  I remember when my daughter graduated a couple of years ago from 
college. Her biggest shock was to get her first paycheck. She almost 
cried. She said, dad, I have hardly anything left, and she was not 
making that much money. But she was shocked, as every American worker 
is shocked, at the end of the week, how much they have left; at the end 
of the month, at the end of the year, how much they have left.
  This is one of the best fundamental debates this Congress and this 
country has ever heard, because the debate is about where that money is 
going to end up and who controls that money: whether we control it, 
have it back in our pockets, or whether they send it to Washington and 
tell us how our school will be run, whether they add more 
administrators in that Department of Education in Washington, whether 
they force more administrators at the regional level, whether they 
force more at the school level.
  I served in the State legislature in Tallahassee, Florida, the 
capital, back in the seventies. If Members go to Tallahassee, Florida, 
there is a huge capitol building. I was there when they built it.
  But the second biggest building in Tallahassee, Florida, is a 
skyscraper which is a Department of Education, a State Department of 
Education. That Department of Education grew to a huge bureaucracy, 
one, because of some of the rules and regulations and mandates that 
came out of Washington. Again, they only supply 6 cents on every 
dollar. The rest of the money comes from local property taxes, State 
sales tax and State fees and local money. But they pass down to the 
local level this huge bureaucracy, this red tape, so a teacher is held 
hostage in her classroom, so a principal cannot control the school, so 
the school board has to have hundreds and hundreds of mandated Federal 
employees carrying out Federal mandates.
  That is where the education money goes. That is why this is a great 
and fundamental debate. If people want government to have more control, 
there is a very clear choice. If they want education mandated out of 
Washington, there is a very clear choice. If they want more regulations 
in education, there is a very clear choice.
  Some of this is not rocket science. We know that children need basic 
education. Governor Bush, I heard his proposal for Head Start. What a 
great proposal. What he has done in Texas with his young people, if we 
could do that for our country, for our children, which

[[Page 21113]]

are the poorest and most at-risk children in this country, they need 
basic education. They need to be able to read and write and do simple 
math. It is not complicated. My wife was an elementary schoolteacher, 
and this is some of the answer.
  Let me tell the Members what they put in place. Even I tried to 
change it, and we cannot change the bureaucracy because they will veto 
it. This President will veto it.
  With Head Start, a great program, I was involved in helping, when I 
went to the University of Florida some 40 years ago, before some of my 
colleagues here were even born, I was trying to help young people, 
particularly with an institution, with the University of Florida.
  Here is a great education university next to a community in 
Gainesville that had many poor children who did not have an opportunity 
for education.
  The Great Start concept is to take good resources, teaching 
resources, and to give those young people the ability to have a head 
start, to have access to education so that they have the basic skills 
so when they enter school they can do simple math, they can read.

                              {time}  1545

  Governor Bush, and I hope will be President Bush, proposed that we 
convert Head Start into a reading program or at least an emphasis on 
reading and basic skills.
  I have a good Head Start program in my local area, but we also have a 
Head Start program which I examined in my area. My Head Start program, 
the public one, is a great example of what we should not be doing with 
taxpayer money. One of the Head Start programs spends between $8,000 
and $9,000 per year per student for a part-time program which is 
basically a glorified baby-sitting program. It has turned into a 
minority employment program so that the student who is coming out of a 
disadvantaged home is going into a disadvantaged program and not 
learning.
  I examined the program, and the program had administrators, over 20 
administrators in a program for around 400 students, 20 administrators 
earning between $16,000 and $60,000. The teachers, there was not one 
certified teacher in the program, not one certified teacher. The so-
called teachers were making between $12,000 and $16,000. Is that a head 
start? That is a farce.
  But if those children who are so disadvantaged had just a minimal 
opportunity to learn to read, to learn to do simple mathematics. Try to 
hire someone today who can do simple mathematics and read out there, it 
is very difficult.
  One of my community college presidents told me that over half of the 
students entering community college in my area need remedial education. 
We have an education recession, and that is because they have taken the 
power to Washington with all of these mandates and regulations.
  Do my colleagues know what they have done? They have failed. They 
have failed. A teacher cannot teach. A teacher goes into the classroom 
in many areas and is threatened with bodily harm. One of my district 
aid's wife is a teacher in one of the schools in central Florida and 
has been physically attacked.
  There is not much the teacher can do. The teacher has lost control of 
the classroom. Why? Because of the liberal policies and left wing 
policies of well-intended people who have managed to take control away 
from parents, from teachers, from principals and local school 
administrators and amass them all here in Washington, D.C.
  That is the clear choice that the American people are going to have: 
Do you want more power here in Washington over education? Do you want 
more mandates? Do you want more rules? Do you want the people who, for 
40 years, have brought power and regulation to education and so 
encapsulated the regulation of education that a teacher cannot teach, a 
parent cannot discipline, that we cannot teach basics, that we have 
programs that were intended to give children a head start? What do they 
do? They keep them at the lowest common denominator.
  We look at what Governor Bush did just with education in the State of 
Texas for his young people. These are the young people. If we fail 
them, ask any teacher what will happen, ask any principal what will 
happen. First, these will be the disruptive students in the classroom. 
Next, they will be the dropout students who used to be in the classroom 
and who are now roaming our streets and neighborhoods. They will be the 
social problems. These children will be the social problems because 
they cannot read, they cannot do mathematics.
  As chairman of the Subcommittee on Criminal Justice, Drug Policy, and 
Human Resources, I have had the opportunity to sit in some of our 
prisons and some of our drug treatment programs and penal institutions 
and talked to young people and talked to also those older who were 
incarcerated behind bars, the lost souls of this country. A common 
denominator among almost all of them is that they failed in school. 
They did not succeed in school.
  Of course many of them came from disruptive families, and they had 
substance abuse problems, and I will try to talk about that in the rest 
of my talk. But one of the basic problems with young people getting 
into trouble is the lack of education, lack of being able to compete in 
and participate in school and having basic educational skills.
  So if for no other reason if on the basis of education, we turn over 
to the tax and spenders and the regulators and the mandators, this 
Congress and that White House, it would be a very sad day for America. 
It would be a very sad day for education in this country.
  I talked a little bit about education bureaucrats. I do not advocate 
the necessary abolishment of the Department of Education. The Federal 
government can play a role. I do not know that we need 5,000 people or 
3,000 people in Education. My God, we might have to have some of them 
go out and teach for a living and actually be in a classroom and stop 
regulating. We might have to take those dollars instead of the 
gobbledegook administration of them and the hundreds of millions of 
dollars spent on administration and block grant that money.
  We passed a simple proposal here to try to get 90 percent of Federal 
dollars into the classroom and to the teacher. To get a good teacher, 
one has to pay a good teacher. To have a student able to learn in a 
classroom, one wants the dollar to go there, not the dollar to go to 
Washington.
  This is an unbelievable statistic. But under their plan, the Democrat 
plan, under what they have done for 40 years in bringing education and 
bureaucracy to Washington, almost 90 percent of Federal dollars go to 
everything but basic education. Our plan was to turn that around for 
teachers, for students to benefit.
  Now, just take a few minutes. I would pray that the American people 
would take a few minutes, Mr. Speaker, and look at what is being 
proposed here and what has been done here to their schools, public 
schools.
  I was educated in a public school. My wife was educated in a public 
school. My wife was a teacher in a public school. I think public 
schools are one of the best institutions this country has ever created. 
But they are managing to ruin them. That is why they go to charter 
schools. That is why they are proposing vouchers as an alternative, 
because they are failing.
  So if we want them to fail more, we can regulate them more from 
Washington. If we want them to succeed, we can put parents and teachers 
in control. We can have that money come from here and be a partner with 
them, but let local parents and students and educators make the 
decisions. Let us take back the schools.
  That is what I think Governor Bush is talking about, successful 
programs and education that teach basics. Basics. If one cannot read 
and write in this society or do simple math, how can one function? So 
that is a great difference. I am glad my colleagues were here to talk 
about it.
  Before I talk about the drug situation, I have to talk about Federal 
employees. I heard the Vice President of

[[Page 21114]]

the United States taking credit for, and I could almost cry when he did 
it, for reducing the size of the Federal bureaucracy, I think he said 
by more than 300,000 Federal employees.
  Mr. Speaker, those 300,000 Federal employees were almost all Federal 
Defense employees. They have not met a bureaucrat that they do not like 
on this side of the aisle. They love to expand the size of government, 
and they have had a great deal of experience at it, whether it is the 
Department of Education.
  They cut the Defense civilian employees, and almost every one of 
those cuts came out of those agencies. If one looks at it, EPA is 
bigger than it ever has been, the Department of Commerce. Then if we 
see any shrinkage, Mr. Speaker, do not let them fool us. Do not let the 
Vice President of the United States, who knows better, tell us that he 
has reduced the size of the Federal bureaucracy because it just is not 
so.
  I will tell my colleagues, as chairman of the Subcommittee on Civil 
Service, I will tell my colleagues where the bodies are buried. What 
they have done is they have contracted for employees. So we have 
millions and millions of Federal contract employees rather than Federal 
employees on the payroll.
  So that is where some of these folks are. The only agency I know of 
that Bill Clinton cut when he came in, he reduced the Drug Czar's 
office from 120 to about 27. We have managed, fortunately, with General 
McAffrey and others to try to restore the viability of that office. But 
it has been a struggle. That is where they made their cuts.
  That might be a good lead into the subject that I came to talk about 
that I usually talk about on Tuesday night but was preempted by the 
debates. I wanted to make a few points. It is very frustrating as a 
Member of Congress to have seen the folks who brought this country into 
fiscal disarray, who operated this Congress, this House of 
Representatives like a poorly run southern plantation with taxpayers 
subsidizing the Member's restaurant downstairs, with the House bank run 
as a piggy bank for anyone who wanted to write a check and bounce a 
check and have the taxpayers fund it, who wanted to see 17 people 
deliver ice, even though they instituted refrigerators here in the 
recent years, they still had 17 people spending three-quarters of a 
million dollars delivering ice the morning and afternoon, who ran this 
place like a poorly managed southern plantation is the only comparison 
I could give. The shoe shine operation was subsidized. The haircut was 
subsidized.
  What did we do? We came in. We cut this committee staff by a third. I 
was sitting with a Member here, and I related this to the Member, a new 
Member of my side of the aisle. Republicans do not even recall what the 
Republicans have done in the Congress. We cut the committee staff by 
one-third. We cut the number of committees by one-third. We privatized 
the dining room and turned it over to a private operator. We no longer 
subsidize the barber shop, the shoe shine shop. They are private 
vendors. We took out the printing office which was doing sweetheart 
deals for Members, and now you must compete with everyone.
  Let me tell my colleagues one more that just galls me. They had 
disabled people that were blocking the Republican National Headquarters 
yesterday. I saw them, I guess it was, last night. I thought I would 
stop and talk to those people, but they did not want to hear the truth.
  When I was a Member and came here as a minority member in 1993 when 
Bill Clinton took over, when the Democrats had control of the House of 
Representatives and the other body, I had visually disabled blinded 
people coming to visit me as a Member of Congress, and they bounced off 
the walls going down the halls. There were no accommodations for 
disabled.
  I wrote the chairman of the Committee on House Administration, and I 
said, it is a disgrace that the House of Representatives does not live 
under the laws that we have. I came from the business sector, and the 
business sector was not allowed to ignore the law. Business people must 
go by the letter of the law, the Americans With Disabilities law. There 
is no reason why this Congress should not accommodate it, particularly 
the House of Representatives, the people's house.
  Do my colleagues know what the Democrat chairman did? He ignored me. 
I wrote him again, and he ignored me. I wrote him again. They ignored 
the disabled. The disabled Americans who come to this Capitol, came to 
this Capitol when they controlled by wide margins the House of 
Representatives and the other body, and they ignored the disabled.
  I begged them if they would please accommodate. These are good 
people. They deserve to have the law enforced as far as the House of 
Representatives, their people's house, even when they come to lobby or 
talk to or visit their Members of Congress. They ignored me.
  One of the greatest satisfactions I had was, when we took over the 
House of Representatives, we passed the Congressional Accountability 
Act. We put the Congress, the House of Representatives under the same 
laws as the business people. One of the greatest days of satisfaction 
that I have ever had, and if I never serve another day in the House of 
Representatives, is when they put a plaque on my door, and it said John 
L. Mica; and underneath in braille, it had a braille reading for my 
constituents, so when they visited me they could be treated the same 
way they would in the private sector.
  That was denied when they controlled this entire body by huge margins 
and could have done anything they wanted to do. That was denied the 
disabled in my district.
  If one goes around the Capitol, and I am now on the Committee on 
House Administration, it is ironic how tables turn. The Committee on 
House Administration that would not even hear a minority member asking 
about helping the disabled, it is ironic. I now serve on that as one of 
the Speaker's designees on House Administration. Go around and see what 
we have done.

                              {time}  1600

  This place was a disgrace, and we are still trying to get it so it is 
accessible to the disabled.
  The fire alarms. We are still working to get them in order so it is a 
safe workplace even for the people who work here, which they ignored, 
as well as the access to people who are disabled.
  But I am very proud of what we did. Every Member of the Republican 
side of the aisle can be very proud of what they did and of their 
legacy, not only as far as putting this country's financial house in 
order but in the area of putting the people's House in order. So, as 
Paul Harvey says, ``That's the rest of the story,'' or a little bit 
more of the story.
  I guess they got my dander up between watching the debates and not 
hearing what should have been said. But we do need to continue the 
progress that we have made: keeping our financial house in order, 
helping Americans have a few more dollars in their pocket, working 
Americans, and helping people get off of government. I guess those who 
want a lot of control by government and want power in Washington, it is 
better to have people relying on them here in Washington. God only 
knows what JFK would be saying these days. He said, ``Ask not what your 
country can do for you, but what you can do for your country.'' The 
other side seems to think it is ask how much more Washington can do for 
you, and we will get your vote and your money. It is sort of sad, and I 
hope the American people pay attention to what is going on here.
  As chairman of the Subcommittee on Criminal Justice, Drug Policy and 
Human Resources, I have a very small responsibility of all the 
responsibilities here. I do not have control over the budget. I am one 
vote out of 435. I do not have control over the appropriations process. 
But I do have responsibility to try to focus on our national drug 
policy, and for the past year and a half, as chairman, and since 
assuming that and leaving as chairman of the Subcommittee on Civil 
Service of the Committee on Government Reform, I have tried to do my 
best to deal with a problem which we inherited as a new majority.

[[Page 21115]]

  The other side was convinced when they came in to office that we did 
not need a war on drugs, so they began systematically dismantling what 
was truly a war on drugs. Now, if we all think back to the 
administration of Ronald Reagan and George Bush, they instituted a 
number of policies, community-based policies, against narcotics. The 
First Lady led a ``Just say no'' effort. The President was engaged in 
this, we had a vice presidential task force, we had an Andean policy 
where we went after the drugs at their source. We brought in the 
military and the Coast Guard, not into arresting people but into drug 
surveillance; and we had an almost 50 percent decline in drug use in 
this country back from 1985 to 1990. I brought that chart up and showed 
it many times.
  With the Clinton administration, the first thing they did was fire 
everybody, just about everybody, in the drug czar's office. They took 
the military out of the war on drugs. They stopped intelligence sharing 
with our allies, who were going after drug traffickers. And it is 
better to have them go after them than to spend our resources. They 
blocked aid to Colombia, and that is why we have a $1.3 billion aid 
package to Colombia because they very directly stopped aid and 
information sharing and any type of assistance going to Colombia.
  Now Colombia has gone from practically having no production of heroin 
and no production of cocaine in 1993, this is the total supply of 
heroin produced in Colombia in 1993, this is a zero, I hope my 
colleagues can see this, this is a zero in 1993, and in 6 years of the 
Clinton-Gore lack of a drug policy, and an actually obstructive drug 
policy in Colombia, what they have managed to do is to have that come 
from zero production of heroin to being up to 75 percent of the world's 
supply. And most of that is coming into the United States from South 
America.
  This is the most recent report I have had as the chairman. We know 
where the drugs are coming from. Heroin is coming from South America. 
We see it is at 65 percent of all the heroin. We know this and DEA 
knows this. They have supplied me with these figures because they can 
do a DNA signature analysis and almost tell the field that the heroin 
has come from. So we know that now in the Clinton-Gore administration, 
in 6, 7 years, they have managed to turn Colombia from producing zero 
to 65 percent of everything on the streets seized in the United States; 
75 percent of the world's supply, as we see. These are DEA figures 
given to me.
  The other huge increase we see is Mexico. From 1997 to 1998 they went 
from 14 to 17 percent, a 20 percent increase in the country that we 
gave trade assistance to; that we helped to secure their peso during 
their financial disaster. We loaned them money. We have given them the 
best trade benefits of probably any nation in the history of 
negotiation over trade. We gave them the best benefits. This 
administration certified Mexico as cooperating; yet they increased by 
20 percent in one year the production of heroin. They blocked any aid 
going to Colombia and turned it into the biggest producer.
  So here are two of our problems: we know where it is coming from. It 
is coming across the border from Mexico. It is being produced, the last 
6, 7, years, under the Clinton-Gore administration, in Colombia, where 
they denied aid; they denied assistance. And even several years ago, 
when we appropriated $300 million to go to Colombia, that money was 
bungled in getting delivery of goods and resources to Colombia to go 
after narcotics trafficking and also eradicating the narcotics 
production in that country.
  We will hear next week from DEA and from GAO and others that have 
looked at this situation, and they will outline that ``the gang that 
can't shoot straight'' could not even get the aide that we appropriated 
more than 2 years ago to Colombia to try to get this situation under 
control. That scares me as far as the $1.3 billion we just 
appropriated. Even when it is appropriated, they cannot get it 
straight.
  The same is true for another deadly drug, which is cocaine. In 1993, 
President Bush had gotten the production of cocaine almost under 
control. They went after the cartels. They had an Andean strategy. We 
have to remember, from a position of wimping out on the narcotics 
issue, which is sort of the trademark of this administration, back to 
what took place in 1989. President Bush found one government 
trafficking in illegal narcotics, primarily cocaine, and what did he 
do? He sent our troops in and they surrounded the house. If my 
colleagues will remember, those of us that followed this, they 
surrounded and captured Noriega. He was captured because he was dealing 
in drugs and drug trafficking, and that is what he was charged with. 
And then there is this administration that has turned its back on 
trying to stop the production.
  This was a successful program. When we reduce drug use 50 percent 
from 1985 to 1992 in this country, when it is reduced by 50 percent, 
that is a successful program. But they will tell us that the war on 
drugs has failed. Their war on drugs has failed. Their war on drugs was 
a dismantling of any effort on drugs, and the evidence could not be 
more clear.
  Now, finally we have gotten the President's attention. In 7 years, I 
believe the President mentioned the war on drugs eight times, just 
before the Colombian appropriation. When we do not have leadership from 
the top, when we do not have an effective strategy, when we take the 
military and surveillance out of the war on drugs, what do we have? We 
have a huge supply of drugs. That is why they are dying in Vermont, 
that is why they are dying in Oregon, that is why they are dying in my 
State, that is why they are dying in Baltimore, right down the street 
from here in Baltimore. ``Drug Overdose Deaths Exceed Slayings,'' this 
is a recent headline, September 15, in Baltimore. That means that there 
are more drug-related deaths than homicides.
  This would be a horrible headline in any community. It has appeared 
in the headlines in my community. But the national media will not pay 
attention to this. We held a hearing a week ago on this, but in the 
United States of America, for the first time in the history of 
statistics, drug-induced deaths, drug-related deaths in the United 
States of America exceeded homicides. For the first time. They do not 
want that information out. The media would not cover it. God forbid 
anyone should think that they are not doing a great job. But when the 
drug czar and Donna Shalala held a conference several weeks ago that 
drug use among eighth graders had dropped slightly, they championed 
that like we had solved the whole problem.
  I tell my colleagues, the problem is serious. Ask any parent, ask any 
young person. These are the headlines that we see: ``High Schoolers 
Report More Drug Use.'' Ask any high schooler, ask any parent, ask any 
single parent, any mother, any set of parents what one of their 
greatest fears is, and that is to have their child addicted to 
narcotics. Not only the problem of addiction, it is the problem of 
death. And now we have all kinds of drugs on the street.
  We have a huge supply. We saw where some of the supply is coming 
from. I am not sure if the Speaker has an HDTV or how many of my 
colleagues here have an HDTV. Probably not too many. Some might say, 
well, what is an HDTV? And what does high definition television have to 
do with drugs? It is a simple economics equation. When there is a short 
supply and a high price, there is not the demand.
  We have heroin, we have cocaine, we have methamphetamine, we have 
Ecstasy, we have all of these drugs flooding our streets; and the 
administration has dismantled any effort to go after the supply, to go 
after the producing countries, to stop drugs most cost effectively at 
their source. And that is why we have an incredible supply of heroin, 
that is why we have heroin overdose deaths. Not only do we have heroin 
overdose deaths, we also have on the streets of our country the most 
pure heroin and cocaine that our drug enforcement people have ever 
seen, and our young people are mixing it with alcohol and with other 
drugs, and they are dying like flies. That is why drug-related deaths, 
and many of them with our young people, now exceed homicides in the 
United States.

[[Page 21116]]

  Now, some people would say that the answer is treatment. And I heard 
this Geraldo Rivera debate the other night with one of the pro-
legalizers talking about this is just a health problem. This is just a 
health problem. We treat everybody and we will be fine.

                              {time}  1615

  Well, they tried the health problem approach in Baltimore and they 
grew from a small number of addicts to somewhere between 60,000 and 
80,000 addicts. Of course, the population went from 900,000 to 600,000 
because people left Baltimore. They had a mayor who had a 
liberalization policy, no enforcement policy. And what happened? Almost 
the same number of homicides every year. And we saw where now drug-
induced deaths exceed homicide in Baltimore. That did not work and it 
does not work.
  The alternative is zero tolerance. Rudy Giuliani did it in New York. 
He cut the murders from over 2,000 in a year when he took office to 
600. Six hundred is about double what Baltimore had, and Baltimore has 
600,000 population. And there are millions and millions in New York 
City. Rudy Giuliani, through a zero tolerance policy and going after 
drug dealers, cut all crime in New York City.
  Walk through New York City and you will see the evidence of it by 58 
percent. The seven major felony categories were cut by 58 percent. So 
it not only cut murders from 2,000 down to 600, it cut down all of the 
mayhem and the felonies. But this is treatment.
  Now, they say we did not put enough money in treatment and we hear 
that from the other side. We put money in treatment, even under the 
Republicans, a 26 percent increase in treatment since 1995 funds. Every 
year we put money in treatment. And we see what has happened with 
interdiction, with international programs, when the other side, the 
Democrats, and under the Clinton-Gore policy cut the interdiction, cut 
the international source country programs.
  We have a huge increase in drug use in almost every category in the 
United States because we have a huge supply coming in. And we can never 
treat enough people. So we will continue to put money into treatment. 
But do not let them fool you that this is a health problem that we can 
treat our way out of this. You cannot have a war or any kind of a 
conflict and only treat the wounded in battle.
  And once someone is addicted to narcotics, our success rate in public 
programs is a 60/70 percent failure rate. Only a 20/30 percent success 
rate. And these people are repeat and repeat. Ask any parent who has an 
addicted young person. Ask any adult who has been addicted to 
narcotics. And it is the hardest thing in the world to treat these 
people.
  If we follow the Baltimore model, we will have tens and tens of 
millions of people who are addicted. We cannot afford that. We have 
asked this administration to go after drug dealers. And the Clinton-
Gore administration from 1992 to 1996, this is a chart that was 
supplied to us by the administration and all the statistics come from 
the administration, it is entitled Individual Defendants Prosecuted in 
Federal Courts in Drug Prosecutions 1992 to 1996, they cut the 
prosecution of going after drug offenders from 29,000 here to 26,000 in 
1996. So when we got after them to go after drug dealers and drug 
offenders, and we are not talking about people with small amounts of 
possession, we are talking about people dealing in death and 
destruction in huge quantities trafficking in illegal narcotics, they 
dropped the prosecution.
  And what happened is these are the headlines from the ``Dallas 
Morning News'': ``Federal Drug Offenders Spending Less Time in Prison 
Study Finds.'' We went after them, and we started to get the 
prosecutions up. And now we find in 2000 the drug offenders are 
spending less time in prison.
  We cannot win with these folks. First they will not prosecute folks; 
and then when they prosecute them, we finally get them to prosecute 
them and they do not let them serve prison terms.
  That is unfortunate. What is also unfortunate is our country is now 
being ravaged by not only heroin, not only by cocaine and other drugs 
of high purity and deadly levels, but we have a new plague across this 
country and that is the plague of Ecstasy and designer drugs.
  We just had a young person at the University of Central Florida die 
from an overdose of designer drugs just the past few days. We have 
young people who are dying from Ecstasy. We had a hearing of our 
subcommittee in Atlanta and heard a father talk of his daughter who 
about 2 years ago took Ecstasy and went into convulsions. And for 2 
years that family went through hell. The daughter was in a coma and 
finally died.
  We have had hearings where we had fathers talk about their sons who 
have tried Ecstasy and did not get a second chance. They are part of 
those statistics of drug related deaths that exceed homicides.
  One father from Orlando told me, ``Mr. Mica, drug related deaths are 
homicides.''
  But one of the great misconceptions young people have is that Ecstasy 
is a harmless drug, designer drugs you can take and feel good.
  This is a brain scan provided to us by the National Institute of Drug 
Abuse, who does scientific studies. This is a brain scan of a normal 
brain. This is a brain that has dealt with Ecstasy. Ecstasy destroys 
the brain tissue and it creates a Parkinson's type disease almost in 
the brain, a destruction of the brain. This is a brain scan after use 
of Ecstasy.
  The young people and adults of this country must realize that they 
have a dangerous commodity out there. And now some of it is mixed with 
all kinds of substances and used with other drugs and is deadly.
  It is amazing how this stuff is packaged. This is not a little 
cottage industry. This has turned into a huge industry of deadly drugs 
in designer packages.
  I do not know if we can focus on this, but they put all kinds of 
fancy designer labels on these drugs. This was provided to us by U.S. 
Customs Service, and that is what is out there. They try to make it 
attractive to our young people, and this is what our young people get 
is a brain, if they survive, that is damaged. And you do not repair 
this damage to the brain.
  So right now we are facing an Ecstasy epidemic. We are facing it in 
California.
  I see my colleague the gentleman from California (Mr. Ose) is here. 
We were in his district for a hearing. I might want to yield to the 
gentleman to comment about his perspective. Maybe he can relate, too, 
to the House part of this problem. The gentleman does a fantastic job 
working on the subcommittee but shares, as a father and a parent, my 
concern for what is happening with illegal narcotics.
  Mr. Speaker, I yield to the gentleman from California (Mr. Ose).
  Mr. OSE. Mr. Speaker, I thank the gentleman from Florida for yielding 
to me. And I do want to commend his efforts on the Subcommittee on 
Criminal Justice, Drug Policy and Human Resources, on which I am 
honored to serve with him as chairman.
  He has in fact been to my district for a hearing, and at that hearing 
we heard the traumatic tales of families whose very fiber was ripped 
from seam to seam from the abuse of drugs by folks who should know 
better.
  I was hopeful, if I might, Mr. Speaker, if I could just have just a 
few moments to speak about, frankly, a fraudulent initiative on the 
California ballot that will contribute to a far more pronounced number 
of experiences than we have even today.
  Mr. MICA. Mr. Speaker, I am pleased to yield to the gentleman. I 
think we have about 4 minutes, but I think it is important that he gets 
this message out to our colleagues, the Speaker, and the American 
people.
  Mr. OSE. Mr. Speaker, as my colleagues know, in California we have an 
interesting process called the initiative process. And on this year's 
ballot we have Prop 36, which is labeled Substance Abuse and Crime 
Prevention Act of 2000.
  I have a copy of it here. And it is interesting. I have gone through 
and I

[[Page 21117]]

have flagged the various parts of it that are so troublesome. This is 
about 4,500 words in total. And it is interesting, it is being marketed 
on the basis of treatment. It provides treatment to people, that if we 
approve this, Californians will receive treatment. But of its 4,500 
words, only 383 of them speak directly within the initiative to 
providing treatment for people. So can you imagine that, less than a 
tenth of the words in this initiative.
  Let me tell my colleagues that what this initiative really does is it 
imposes the wisdom of a criminal defense attorney, it interjects that 
into California statute under the guise of providing treatment for 
folks who need drug treatment.
  There is nothing in here that provides treatment to Californians. It 
changes criminal statute to allow people who violate our laws as it 
relates to drug possession and use are treated, but it does not provide 
a single dollar for drug treatment to people who desperately need it.
  And keep in mind that this is an initiative written by a criminal 
defense attorney. The initiative itself was funded by three people who 
do not even live in California. There is no medical analysis, no 
medical input to drafting this. It is a shameful fraud being, 
attempting to be perpetrated on the voters of California.
  In fact, Mr. Speaker, just in the course of our committee hearings, 
the gentleman and I have heard time after time after time from medical 
professional after medical professional after medical professional that 
drug testing is an inherent and integral part of a successful drug 
treatment program. This initiative, the $120 million to be appropriated 
under this initiative, not a dime of it can be used for drug testing 
whatsoever. So the initiative eliminates the chance to use the most 
successful tool we have. I just want to make that clear.
  I appreciate being able to come down here and visit with the 
gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker, I thank the gentleman from California (Mr. 
Ose) for his comments, and I thank him for the leadership on our 
Subcommittee on Criminal Justice, Drug Policy and Human Resources.
  As we conclude, I again call to the attention of my colleagues, the 
Speaker, and the American people the need to be vigilant on the issue 
of illegal narcotics, not to make the mistake of the past, not to be 
fooled by the legalizers, but to make this country safe for our 
children and the next generation and stop the ravages of illegal 
narcotics. Because illegal drugs do destroy lives and do a great deal 
of damage to our society and our country and particularly to our 
families and young people.

                          ____________________



                   NATIONAL ENERGY POLICY IN AMERICA

  The SPEAKER pro tempore (Mr. Martinez). Under the Speaker's announced 
policy of January 6, 1999, the gentleman from New Jersey (Mr. Pallone) 
is recognized for 60 minutes.
  Mr. PALLONE. Mr. Speaker, I rise today to discuss the Democrats' and 
the Clinton-Gore administration's energy policy versus the Republicans' 
lack of energy policy and the Republicans' support for big oil rather 
than the consumers.
  I also have to underscore the fact that the Democrats' energy policy 
protects rather than sacrifices environmental protection.
  I know I am going to be joined this evening by some of my colleagues, 
and I wanted to first yield if I could to the gentleman from the great 
State of Texas (Mr. Stenholm).
  Mr. STENHOLM. Mr. Speaker, I thank the gentleman from New Jersey for 
yielding to me, and I appreciate very much his taking this time today 
to talk about the lack of a national energy policy.
  Perhaps the best known price in America today is that of gasoline. 
Americans see it posted along the road a dozen or two times a day. They 
pull in to fill up every week to 10 days, if not more often.
  It is also a price that perhaps because of that visibility can 
generate a lot of heat, especially when it is going up, as it has this 
year.
  This is in fact a price that tells the complex story of global supply 
and demand, of technological change and of environmental consciousness, 
and of shifting consumer taste and social change.
  Despite the long-term trend, prices move up and down a great deal. 
These fluctuations can be caused, among other things, by political 
events, shift in supply and demand of fuel, weather, the level of 
inventories, disruptions in refinery operations, and the introduction 
of new environmental standards.

                              {time}  1630

  Over the last year or so, retail gasoline prices in the United States 
have bounced down and then up from very low levels and then back up to 
very high levels. In February of 1999, the national average retail 
price fell to 95 cents per gallon, the lowest since 1989 in nominal 
dollars and one of the lowest levels ever seen in inflated dollars, and 
30 percent lower than the price 2 years earlier. Not much more than a 
year later, they had risen to the recent highs of over $1.50 per gallon 
nationwide.
  These price swings were detrimental to the producer and the consumer. 
The trucking industry, for example, in my district and all over the 
United States had a hard time maintaining operations as usual under the 
economic strain experienced by their businesses as a result of these 
price increases. Agriculture also has borne the brunt. Today, high oil 
prices reflect in part the U.S. economic boom and recovering economies 
elsewhere.
  According to the study done by Cambridge Energy Research Associates, 
gas price conditions felt this summer were attributed to four primary 
forces acting on the market: number one, the price of crude oil, where 
for every $1 per barrel, gasoline prices increased 2 to 3 cents; two, 
inventories are low based on production constraints; three, new 
environmental regulations have created numerous variations, RFG, 
ethanol, MTBE, in gasoline contents making it difficult to transport or 
mix gas from one area into the next during times of crisis; four, the 
booming economy has created a 2 percent higher demand for gasoline over 
last summer. This coupled with the fact that Americans are driving more 
per person per year, 13,000 miles per person per year, has increased 
demand.
  The last President or last administration to attempt to create a new 
energy policy was President Carter. I cannot remember a time when the 
Congress, particularly in the last 6 years, in which we have had a 
serious debate in this Congress regarding energy policy.
  A national energy policy is a must for the United States and this 
policy must decrease America's dependence on foreign oil. Our Nation 
gets almost 60 percent of our oil from foreign sources, and this is 
absolutely unacceptable as it puts our economic and national security 
at risk. The rejuvenation of the domestic oil and gas industry will 
benefit all Americans and ensure an energy security for this Nation far 
into the future. Wide swings in price are not good for consumers or for 
producers. I happen to represent the oil patch. Less than 2 years ago 
when oil prices were at critically low levels, we had $8 per barrel 
prices, domestic oil and gas producers in my district, the 17th 
District of Texas, were struggling to keep their operations open and 
many did not.
  In my district, claims for unemployment from the oil and gas industry 
quadrupled from 1,171 to 4,730 between December of 1997 and December of 
1998. During this time, the lost wellhead value dropped $5.79 million 
and the value of oil to the Texas economy dropped by almost $1 billion. 
The number of producing wells declined by 2,855 during this time as 
well. In my home county of Jones, oil production in December of 1997 
was 83,706 barrels; in December of 1998 it had dropped to 69,000 
barrels; and in December of 1999 it had declined to 58,000 barrels. 
That is a decline of 25,000 barrels per month from December of 1997 to 
December of 1999, or a decline of 30 percent. Total domestic crude oil 
production has declined

[[Page 21118]]

from 8.7 million barrels per day in the United States in 1986, the 
first oil price collapse, to 5.9 billion barrels per day.
  When prices are below the cost of exploring and producing crude, 
these small independent producers cannot stay in business, and it has a 
ripple effect throughout local communities as schools and hospitals in 
Texas rely on a healthy oil and gas industry for revenues. At the time, 
we warned that critically low prices have the potential to turn into a 
price shock. Unfortunately, this is a lesson that we should have 
learned many times over the last 2 decades. I would like to find any 
evidence anywhere in which this Congress, the 106th, attempted to do 
anything about the low prices.
  If there was a time of dramatic demonstration, the compacted 
experience of the last 3 years with its highs and lows illustrates the 
need for our Nation to take responsibility for its energy future. We do 
need a free market for the production of energy, but it cannot be a 
free market dominated by foreign producing countries that do not have 
our best interests at heart. Congress needs, in fact must consider 
measures to help restore market stability with domestic crude oil and 
natural gas prices, maintaining a level where domestic producers can 
compete in a global market. However, our national energy policy must 
recognize both producer and consumer issues.
  Last week, the House considered the energy and water appropriations 
conference agreement which deleted language added in by the House 
earlier this session to reauthorize the Strategic Petroleum Reserve and 
to create a Northeast home heating oil reserve. I find it reckless that 
in the midst of home heating oil shortages in the Northeastern States, 
this Congress is on the verge of allowing the President's authority to 
use the Strategic Petroleum Reserve to lapse.
  Authorization of the SPR expired on March 31 of this year, 6 months 
ago. The House supported a measure that would reauthorize the SPR, the 
Strategic Petroleum Reserve, and ensure that it would be filled with 
domestic crude oil to capacity with specific options leading to the 
expansion of the SPR capacity. Many of us stood on this floor and 
through letters and Dear Colleagues encouraged the Congress 2 years ago 
when we had the opportunity to buy oil from domestic producers at $8 a 
barrel and put it into the Strategic Petroleum Reserve which would have 
been a good investment for this country, a good investment for taxpayer 
dollars, to buy it at $8, to support the domestic industry when we had 
a chance to. But because of overt concerns about unrealistic budgets, 
the majority on this body refused to even consider it.
  It is irresponsible, I believe, to refuse that the SPR be 
reauthorized, giving this and future Presidents all means available to 
respond to any possible energy supply emergency. It is in our national 
security interest. The Department of Energy cannot establish a regional 
home heating oil reserve until Congress either reauthorizes the SPR or 
separately passes legislation authorizing the creation of such a 
reserve with a responsible trigger. Are we trying to send a message 
from Congress to many vulnerable consumers that they will have to 
sacrifice other needs just to heat their homes this winter? 
Additionally, shortages in natural gas will be the next energy issue 
before us when brownouts start occurring in cities short on natural gas 
used to create electricity, a direct result of the collapse of the 
independent oil and gas producing industry in the United States because 
when you stop drilling for oil, you also stop drilling for gas. Gas is 
often found in the process of discovering oil. That is something that 
we have been very, very shortsighted on with our, again, lack of a 
national energy policy.
  Let me just quickly outline some of the things that this Congress 
should have done this year, or last year. Congress needs to consider 
measures to help restore market stability with domestic crude and 
natural gas prices maintaining a level where domestic producers can 
compete in a global market. However, our national energy policy must 
recognize both producer and consumer issues. We need to enact 
legislation that provides tax relief for marginal well production, 
providing a safety net for producers when prices are critically low. We 
need to enact legislation that provides tax incentives for inactive 
well recovery aimed at bringing plugged or abandoned wells back on 
line. We need to pass the Watkins-Stenholm proposal that would correct 
the inequity facing American oil producers who must meet regulatory 
costs avoided by producers in other countries by imposing an 
environmental equalization fee on imported crude oil and refined 
products at the level of cost domestic producers currently spend on 
compliance with Federal environmental regulations.
  We need to encourage production of unconventional fuels. I have 
recently cosponsored the Energy Security for American Consumers Act 
that aims to stimulate production of unconventional gas in the hope 
that our Nation will be better equipped to meet our future energy 
needs. This bill would extend the section 29 tax credit for 
unconventional gas production and will provide the energy sector with a 
necessary incentive to produce gas that is both difficult and costly to 
obtain.
  We need to enact legislation expensing geological and geophysical 
costs, delaying rental payments and extending the suspension of net 
income limitation of percentage depletion for marginal wells. We need 
to enact a low-cost emergency lending program for the benefit of 
domestic oil and gas producers. We need to enact legislation that would 
enhance recovery and wildcat exploration. We must open our Federal 
lands, both onshore and offshore, except in the most treasured 
environments, to responsible exploration. From 1997 to 1999, oil well 
completions for drilling for new reserve declined 54 percent. But by 
providing financial incentives to increase domestic oil production and 
exploration, we can encourage the discovery of new domestic oil 
reserves.
  We need to ensure that the Strategic Petroleum Reserve is filled with 
domestic crude oil to capacity and to the extent that the filled 
capacity does not meet a 90-day supply of foreign imported petroleum, 
expand the SPR capacity. We need to ensure that the Northeastern States 
are not in the position where they are facing home heating oil 
shortages that will harm consumers by establishing a home heating oil 
reserve in the Northeast. Despite the fact that the President acted 
administratively in July to create it, the Congress still needs to 
authorize the use of this new reserve.
  We need to enact legislation to promote new developments in the 
access, production and use of natural gas. We need to enact legislation 
to promote research in exploring other avenues of energy, including 
solar, wind, hydroelectric and other renewable energy resources. We 
need to enact legislation to provide tax incentives encouraging 
consumers to make energy-efficient improvements to their homes and 
purchase energy-efficient automobiles, as well as further promote and 
fund LIHEAP.
  It is imperative that Congress work together setting aside partisan 
differences to ensure price stability, prices that are not so low that 
producers are put out of business and prices that are not so high that 
they hurt consumers and threaten our economy. America needs a balanced, 
forward-looking energy policy based on the proposals that have been put 
before this Congress. We need a responsible approach that will infuse 
our energy sector with both efficiency and competition seeking to 
protect America against emergencies in the energy market.
  Mr. Speaker, these are the things that we should have done. I would 
challenge very many individuals on either side of the aisle to show 
anything that we have done other than not avoid the temptation of 
pointing the finger. There are many, many solutions. I am very happy 
today, and I again thank the gentleman from New Jersey for taking this 
1 hour. I thank him for allowing me to show at least in this one 
Member's mind some of the things that we should have been doing in this 
Congress, and some of the proposals that

[[Page 21119]]

are being advocated now of where we need to go in the next 
administration and in the next Congress.
  Mr. PALLONE. Mr. Speaker, I want to thank my colleague from Texas for 
his remarks and two things, first of all, I think he points out very 
successfully, that it is the Congress that needs to act on authorizing 
these energy initiatives that would help the American consumer, and we 
know that for the past 6 years, the Republicans have been in the 
majority and they have not done it. I know the gentleman does not like 
to point a finger; but the bottom line is, the Republican leadership 
runs this place, and they have not put forward an energy policy, and 
they have not been willing to enact the policies that the Clinton-Gore 
administration have put forward.
  I also wanted to thank my colleague because I see the concern he 
expressed for the Northeast, particularly the need to authorize the 
Northeast home heating oil reserve which, again, the Republican 
leadership has not been willing to do and has been trying to stop the 
reserve actually from being passed. The gentleman mentioned gas prices. 
There is an article in the Star Ledger, which is the major newspaper in 
my home State of New Jersey, today that is entitled ``Gas Heat Costs 
Will Be Soaring. Jersey's Four Utilities Want Rate Hikes as High as 40 
Percent.'' If I could just in the first couple of paragraphs of the 
article, it says:

       Heating bills could rise as much as 40 percent for some New 
     Jersey consumers this winter if rate increases requested 
     yesterday by the State's four natural gas utilities are 
     approved by regulators. The four utilities covering millions 
     of customers filed petitions seeking emergency relief with 
     the State board of public utilities which is expected to act 
     on the proposals at its next meeting on Tuesday. The 
     increases would be effective immediately.

  So what he is saying about the impact ultimately on gas prices is 
certainly coming true. Most important is the fact that the Republican 
leadership continues to oppose the President's initiative, backed up by 
Vice President Gore, to tap the Strategic Petroleum Reserve, the SPR. I 
just wanted to point out briefly, and then I would like to yield to my 
other colleague from Texas, that it is ironic that Governor Bush and 
the Republican leadership here and the Republican leadership on the 
Committee on Commerce, which I serve on which has jurisdiction over 
energy policy, continue to criticize the President and the Vice 
President with regard to the SPR, because if I could just recount a 
little history here because I think it is important since the 
Republican leadership came into the majority, or actually I could take 
it even further back to when President Bush was in office.
  When President Bush sold oil from the reserve from the SPR during the 
Gulf War, domestic reserves were higher than today and crude prices 
were $5 per barrel cheaper. Yet he said he released the oil not because 
of national security but to, ``calm the markets.'' So even President 
Clinton's predecessor, President Bush, recognized the fact that the SPR 
could be tapped, not for security reasons, but to make sure that prices 
did not continue to rise.

                              {time}  1645

  But, beyond that, since the Republican leadership has been in charge 
here in the Congress, since 1996, they twice passed laws requiring the 
sale of oil from the reserve, over 28 million barrels, to help pay for 
GOP budget priorities. Selling the oil from the SPR just to make ends 
meet in terms of the budget. Then, last year, in 1999, the Republican 
leaders, the gentleman from Texas (Mr. Armey) and the gentleman from 
Texas (Mr. DeLay), joined 35 other Republicans to introduce a bill that 
would not only eliminate the Department of Energy, but abolish the 
Reserve, abolish the SPR.
  Since taking control, Republicans have let the President's authority 
to fully use the Reserve lapse three times, totaling 18 months. The SPR 
authority last lapsed on March 31. In 1999, Republicans blocked the 
Clinton Administration proposal to buy 10 million barrels of oil when 
crude prices were only $10 a barrel. This is what the gentleman from 
Texas (Mr. Stenholm) was saying. The purchase would have helped 
domestic producers and fill part of the 115 million barrels of SPR 
capacity in the Reserve.
  I am only trying to bring up dramatically that we have Governor Bush 
and the Republican leadership here criticizing President Clinton, Vice 
President Gore, for tapping the Reserve to try to bring prices down, 
and we know the Republicans have a history going all the way back to 
President Bush of tapping the SPR for similar reasons, but, at the same 
time, trying to abolish it altogether and not even have it available 
for use in a time like this, when prices have been going up.
  So I am just glad that President Clinton acted on Vice President 
Gore's advice and decided to go ahead and tap the SPR, because we know 
it did have the impact of stabilizing prices and even reducing prices 
to some extent.
  I would like to yield now to another one of my colleagues from Texas, 
the chairman of our Democratic Caucus, who has been chairing a task 
force on energy policy and has been very effective in not only bringing 
forth the message in terms of what the Democrats are trying to do here, 
but trying to get the Republicans to act on the Democrats' proposals.
  Mr. FROST. Mr. Speaker, I thank the gentleman for yielding.
  For the past 22 years, I have had the honor of serving the people of 
Texas, America's prototypical energy producing State, so I know that we 
can achieve bipartisan consensus around energy policy if we want to.
  Unfortunately, for 6 years this Republican Congress has been AWOL on 
energy policy, and, when they have not been asleep at the wheel, they 
have led the fight against energy independence for America, slashing 
energy efficiency programs, trying to eliminate the Department of 
Energy and selling off the Strategic Petroleum Reserve.
  Earlier this year, gas prices surged around the Nation, and then, as 
now, the Republican Congress chose irresponsible partisan attacks 
against the administration, not reasonable responses with bipartisan 
support. Most outrageously though, this Republican Congress has 
consistently ignored or killed Democratic energy policies, and then 
turned around and tried to score political points when oil prices went 
up.
  For more than 6 months, for instance, the United States has been in a 
weaker position to negotiate with OPEC, because the Republican Congress 
continues to withhold one of the President's chief tools for dealing 
with an energy crisis, the clear authority to fully use the Strategic 
Petroleum Reserve.
  This winter, families in the Northeast face a repeat of last winter, 
record high home heating prices, because this Republican Congress 
refuses to create a Northeast Heating Oil Reserve. Just last week, in a 
fit of partisan pique, Republican leaders again played politics with 
these two key pieces of America's energy security arsenal, deleting 
them from the energy and water appropriations bill.
  In the midst of an energy crisis, this Republican Congress still 
refuses to take the simplest of steps to increase America's energy 
independence. Fortunately, President Clinton and Vice President Gore 
have showed their leadership to ignore Republican partisanship and to 
act decisively and appropriately to address our immediate energy 
problems. After the President announced that he would address shortages 
by swapping oil out of the Reserve this year in exchange for more oil 
next year, oil prices dropped nearly $6 a barrel, their lowest level in 
almost a month. In contrast, oil prices immediately jumped when 
Republican Representative Joe Barton of Texas announced that he would 
try to stop the oil swap.
  While we are on the subject of the Reserve swap, let me take a minute 
to clear up some misconceptions being perpetuated by some of our 
Republican friends.
  First of all, Republicans like to attack the President's move as 
political. Well, was it political for northeastern Republicans to call 
for deployment of the Reserve? Hardly. They, like Al Gore and the rest 
of us, are trying to

[[Page 21120]]

do what we can to protect families from having to choose between 
heating their homes and buying groceries this winter.
  Indeed, families in the Northeast are facing the prospect of another 
winter of low oil inventories and high home heating oil prices, as much 
as 30 percent higher than last year. Across the country, gas prices are 
still too high. It would have been irresponsible, a terrible abdication 
of leadership, to ignore this coming energy crisis in the way 
Republican leaders are trying to do.
  Second, Republicans claim the President risked national security by 
using the Reserve to help families suffering from the energy crisis. 
This is as hypocritical as it is ridiculous. After all, did it threaten 
national security when this Republican Congress sold off 28 million 
barrels of oil from the Reserve to pay for its budget priorities in 
1996? Did it threaten national security when this Republican Congress 
stopped the administration from increasing the Reserve's inventory last 
year, when oil prices were at just $10 a barrel, which would have 
strengthened the Reserve and helped domestic producers? And did it 
threaten national security when Republican leaders, like the gentleman 
from Texas (Mr. DeLay), the gentleman from Texas (Mr. Armey), and the 
gentleman from Missouri (Mr. Blunt) tried last year to abolish the 
Strategic Petroleum Reserve altogether? Probably so.
  But by swapping oil out of the Reserve now for more oil next year, 
the President's action will not just help consumers this winter, it 
will also strengthen the Reserve and increase national security. In 
fact, the Department of Energy announced yesterday that its swap 
agreement with 11 oil companies had been completed, and that it would 
yield the Reserve a net increase of 1.5 million barrels of oil.
  Once you put politics aside, it is clear that the administration's 
action was good for families in the Northeast beset by high home 
heating oil prices, and it was good for us in Texas, where long 
distances and high gas prices can take a real toll on people's 
pocketbooks.
  Fortunately, where American consumers see an energy crisis, 
Republican leaders see a political opportunity; an opportunity to score 
political points against a President they despise and an opportunity to 
cover up their 6-year record of negligence on energy independence. That 
is profoundly disappointing, because there is no doubt about the 
seriousness of home heating oil shortages this winter and continued 
high gas prices.
  This Republican Congress has the ability and the responsibility to do 
more than just play partisan blame games while American consumers are 
suffering. Congressional Democrats, President Clinton and Vice 
President Gore, have consistently tried to develop a comprehensive 
energy independence policy that has broad support across partisan, 
regional and industry lines. We have worked to reduce America's 
dependence on foreign oil by encouraging environmentally friendly 
domestic production.
  Under the Clinton Administration, natural gas production on Federal 
lands on shore has increased nearly 60 percent since 1992, and under 
the Clinton Administration, oil production offshore in the Gulf of 
Mexico has increased 62 percent since 1992. But, again, Republican 
leaders have preferred politics to progress, so Republican energy 
policy pretty much starts and ends at drilling in the pristine Alaska 
National Wildlife Reserve, despite the fact that it would not result in 
a drop of oil on the market for years and despite the fact that the 
most recent U.S. Geological Survey estimates make clear that the amount 
of recoverable oil, which amounts to less than 6 months of U.S. 
domestic oil consumption, is not nearly enough to justify despoiling 
forever this pristine wildlife reserve.
  In contrast, Democratic tax incentives for marginal wells and to 
further increase domestic production, which have broad support, have 
been ignored in this Republican Congress. Republican leaders have been 
even more hostile to our efforts to increase energy efficiency and 
develop alternative energies. Over the past 6 years, the Republican 
Congress has underfunded solar, renewable and conservation programs by 
$1.3 billion below the President's request, and, if Republicans had not 
cut the weatherization assistance program by 50 percent in 1995, then 
250,000 more households could have been helped, which would have 
decreased demand for oil.
  When Republicans first took control of the Congress, they voted to 
kill the Low Income Home Heating Energy Assistance Program, LIHEAP, 
which helped the neediest Americans in the midst of an energy crisis, 
and the following year Republicans proposed changing LIHEAP so that 
disadvantaged families could be forced to choose between buying food 
and heating their homes.
  For the past 6 years, the threat to America's energy security has 
come from this Republican Congress and its refusal to treat energy 
policy as anything other than a partisan political opportunity. It is 
long past time that Republican leaders finally stop playing political 
games with oil prices and began working with us to give America the 
common sense, comprehensive energy independence policy it needs.
  I thank the gentleman very much for taking out this special order, so 
that we could discuss these very important issues with the American 
public.
  Mr. PALLONE. I want to thank my colleague from Texas.
  If I could just reiterate two of the things the gentleman mentioned, 
because I think they are so important, one is this whole effort by 
Governor Bush and the Republican leadership now to insist that, because 
of the crisis in oil prices, that we have to now threaten the 
environment again, either with drilling in ANWAR and Alaska or offshore 
the continental coast of the United States.
  As the gentleman points out, this has no immediate impact. I mean, we 
are not talking pie in the sky here, we are talking about our 
constituents, and being from New Jersey and the Northeast, I know this 
is an immediate crisis that people are facing. They do not want to hear 
about what is going to happen in a few years; they are facing the 
crisis now.
  The one thing that President Clinton's proposal by tapping the SPR 
does was to actually reduce prices, and ultimately I think stabilize a 
market in a way that has an immediate impact. That is what is really 
important.
  I never cease to be amazed how our Republican colleagues talk about 
policy, but they do not seem to respond to the immediate need that 
people have, and that is what Vice President Gore and President Clinton 
were doing when they talked about the need to tap the SPR.
  The other thing that I think is so important that the gentleman 
pointed out, and we do not hear that too often, is this idea that by 
the Republicans not pursuing a real energy policy for our country, it 
leaves us weak to foreign exploitation.
  I think what I have noticed with President Clinton and Vice President 
Gore is they keep saying that we need to tap the SPR, not only because 
of the immediate impact on prices, but because it has an impact on our 
ability to influence OPEC and the cartel, the oil cartel, if you will, 
that is trying to drive prices up.
  As the cartel and OPEC know that we are going to take action on our 
own and tap the SPR, they realize that they cannot influence prices as 
much as they have been able to and take advantage of the situation over 
the last 6 months.
  So, again, we need to make some policy initiatives here. Certainly 
the Republican leadership in the Congress has not been willing to do 
it, and the administration has essentially had to act on its own with 
regard to the SPR and the decision also to move to create this 
Northeast Home Heating Oil Reserve. But, at the same time, instead of 
reacting positively to that, the Republican leadership comes here and 
says, oh, no, we do not want the Northeast Heating Oil Reserve, and we 
do not want you to be able to pass the SPR, and they passed the energy 
and water appropriations conference bill last week that actually would 
eliminate both of those options.

[[Page 21121]]

  It is an outrageous step. It is outrageous that at a time when the 
American people are crying for some action to deal with the rise in oil 
prices and the rise that is going to result in home heating oil, as 
well as natural gas prices, and the response of the Republican 
leadership in the Congress is to say no, we do not want you to be able 
to tap the SPR. We want to pass legislation that says you cannot pass 
the SPR and pass legislation that says you cannot set up this Northeast 
Home Heating Oil Reserve. I just cannot believe that that is their 
response to the public outcry for the need to action to address the 
crisis.
  I wanted to, in the time that I have left, I wanted to develop a 
little more the reason why I believe very strongly that the Republican 
leadership here in the House has not only failed to address the 
immediate energy needs, but is really trying to dismantle and eliminate 
any effort to set any kind of U.S. energy policy that would create 
independence on our part for the future.

                              {time}  1700

  And I wanted to give some examples of action that has taken place 
either here or in the other body over the last few weeks. Just last 
week or within the last 2 weeks, Senator Murkowski from the other body 
came to the floor, once again, to push for drilling Alaska's last 
remaining open space, the Arctic National Wildlife Refuge. Not only is 
he advocating what I consider a policy of destruction; but as I 
mentioned before, drilling the Arctic Refuge will not produce a drop of 
oil for several years, and, on the other hand, would only produce 
several months' worth of supply, while destroying this precious 
resource for future generations.
  We have said over and over again, both in the House and in the other 
body, that we do not want to tap ANWR, the Arctic Refuge, because of 
the negative impact on the environment.
  What I see now is my colleagues on the other side of the aisle trying 
to use the current crisis as an excuse to go against what has been a 
bipartisan position, not to drill in the Arctic Refuge. What I would 
suggest is that instead of trying to drill the Arctic Refuge, we should 
be banning exports of Alaskan oil to other nations.
  I think a lot of people are not even aware of the fact that we are 
now on a daily basis in the process of exporting Alaskan oils to other 
countries, Japan and other countries.
  If we really want to take some action that is going to have an impact 
on prices here, use that, make that oil available here, rather than 
ship it overseas.
  Mr. Speaker, the other thing I would say, too, is that we had the 
GOP, and I call it the Big Oil GOP leadership on the other side of the 
aisle, in both the House and the other body. We are reluctant to 
investigate whether the oil companies were profiting excessively from 
gas price spikes this summer.
  They do not even want to let us investigate the problem and try to 
come up with a solution. And I guess the fear is that if the 
investigations proceed, it is going to uncover that the oil companies 
are trying to undermine the concerns of the American people and show 
that they are really in league, essentially, with OPEC and the cartel 
to try to drive up prices.
  Now, the Clinton administration did the investigation and the 
investigation that they did proved that the increase in prices this 
summer was not due to environmental standards, as the Republican 
majority has alleged, but in fact was a result of the oil giant's greed 
and their effort to simply drive up prices.
  Mr. MARTINEZ. Mr. Speaker, would the gentleman from New Jersey (Mr. 
Pallone) yield for a question?
  Mr. PALLONE. On this point?
  Mr. MARTINEZ. Yes.
  Mr. PALLONE. I will yield, not the whole time, but sure I would yield 
for a question.
  Mr. MARTINEZ. Has the gentleman visited the area up there?
  Mr. PALLONE. The Arctic Refuge?
  Mr. MARTINEZ. Yes.
  Mr. PALLONE. No, I have not.
  Mr. MARTINEZ. I have. I used to hear stories all the time about how 
building of the pipeline and all the rest of the things they were doing 
and exploration up there, that would hurt the caribou herds and destroy 
the tundra. And I was quite surprised when I went, actually, that upon 
visiting the area, the first place the area where the oil drilling is 
taking place is so cold that the workers cannot be out there for any 
more than a short length of time, and they have to be brought in and 
relieved by other workers.
  I actually asked the rangers there, because the environmentalists 
were so concerned about the destruction of the environment, as the 
gentleman has suggested, how many people had actually visited the area 
of the previous year, and there had been three people visiting the 
area. And he said awhile back, a couple of years back, there was 
actually more than that that visited, because there was the big debate 
about whether or not to drill there in that period of time, and they 
were mostly people that were protesters of the drilling there; there 
was 12.
  Now, the closest they could get to that area is a mountain peak, 
which is quite a few miles that you can see right down across the whole 
flat area, where they would contemplate drilling. And there is nothing 
there.
  It is absolutely barren, but what I did see, and I was really 
surprised, as we were traveling along the road alongside of the 
pipeline, I looked out there and I saw thousands and thousands of 
caribou, thousands of them. And I had to get down and take a picture. I 
asked the bus driver to stop the bus, and I went on down.
  Now the one big thing that everybody was concerned about then, they 
even caused the people who built that road to build ramps over the road 
so the caribou could cross over, because that would be the only place 
that it would cross over because of the pipeline there. And so I got 
down--let me finish this one statement.
  Mr. PALLONE. I will, then I want to move on.
  Mr. MARTINEZ. I got down off the bus to take a picture, and I was 
busy snapping a picture out here of all of these caribou out there; and 
all of a sudden, I realized there was something very close to me. At 
the buttress of the support for the pipeline, there was a caribou 
standing there eating, munching the tundra and looking at me, and I 
turned around and took a picture. I have a picture. I would like to 
show the gentleman. And he was absolutely so close to me I could almost 
reach out and touch him. He did not seem disturbed at all.
  Then I noticed that the caribou were crossing, not over the ramps 
they built for them, but anywhere, anywhere along that road.
  So I am wondering, and the question that I have for the gentleman is, 
if this is to be so pristine that it is going to be disturbed and it 
has not seemed to do it yet, would we not rather have that oil than be 
dependent, because 18 years after when I got here, they were still 
arguing and complaining about being dependent on OPEC and the oil over 
there, and in 18 years we have not developed a policy.
  The gentleman from Texas (Mr. Stenholm) stood here and said he has 
not heard any talk here in the Congress or in the White House about 
developing a strategy or developing.
  Mr. PALLONE. Mr. Speaker, let me answer the gentleman's question. I 
am willing to give the gentleman some time and that is fine. I would 
like to answer the question and move on, because I do have other things 
to say. Let me just answer the gentleman's question. Then I will not 
yield to the gentleman any more, because I want to finish with my 
comments.
  I do appreciate the fact that the gentleman came to the floor and 
expressed his concern. I understand that some people would like to 
explore in the Arctic Refuge, but I think that in many ways, your 
comments make me feel even more strongly about why it should not be 
taking place. Obviously, when the gentleman went there, it was a very 
beautiful area; the gentleman was witnessing the wildlife. The 
gentleman seems to feel that whatever has happened so far has not had 
an impact,

[[Page 21122]]

but it is obvious from what the gentleman witnessed that it is a very 
sensitive area, and there is a lot of wildlife. And it is a very 
beautiful, pristine area.
  I would maintain that given that fact and given the fact that we are 
not really talking about that much oil over the long time that is going 
to impact, I think, U.S. energy policy that we should not take the 
risk; that the very fact that it is difficult to get there and it is 
difficult for people to deal with the situation there means that if 
there was a spill or if there were environmental problems, it would be 
that much more difficult to clean it up.
  Mr. Speaker, I think that the environmentalists take the view that 
this is a beautiful, pristine area. There is a terrific risk involved, 
a significant risk, because of the delicate nature of it, and the fact 
that it is so far away and difficult to access; and that it should not 
be tapped for that reason; and that if we have to make a decision and 
weigh the risks that it is just not worth the effort.
  It is very similar to what I have in New Jersey. There have been 
proposals by mineral management's agency to develop offshore oil 
resources off the coast of New Jersey. And arguments have been made 
back and forth about whether it is a good idea. And basically my 
position, because I represent the coastal area where this would take 
place, has been we have a huge tourism industry. We make billions of 
dollars every year from having safe beaches and clean water. Frankly, 
we do not want to take the risk, because we know that the amount of oil 
that is available there probably would only be a few months in terms of 
America's supply, and it is just not worth the effort.
  So I think part of it is weighing of the risk, and I just do not 
think it is worth it in the case of ANWR. I will not yield again. I do 
not mean to cut the gentleman off. I have a lot more to say.
  Mr. MARTINEZ. The gentleman has a lot more time. I just have one 
question.
  Mr. PALLONE. I do not have that much more time, I will not yield to 
the gentleman any more. I thank the gentleman for coming down.
  Mr. Speaker, I have another one of my Democratic colleagues here that 
is joining me here. But just before I yield to him, I just wanted to 
make a few more comments about the Republican opposition to the tapping 
of the SPR. And I just want to point out, as some of my Democratic 
colleagues have, how politically motivated this was, because as we know 
in the past, the Republicans have not hesitated to sell off the SPR, to 
tap the SPR, for reasons not related to national security or even 
advocated that there not be an SPR and it be abolished.
  It is interesting that in this case, when the President suggested 
that he was going to move forward and tap the SPR because of the high 
oil prices, there were some Republicans also that joined with the 
Democrats saying that that was a good idea. In fact, over 100 House 
Members, including 20 Republicans, such as the gentleman from New York 
(Mr. Gilman), the chairman of the Committee on International Relations, 
and the gentleman from New York (Mr. Lazio) of the House Committee on 
Commerce, sent a letter to President Clinton requesting the tap.
  I, for one, would not heed the allegations, if you will, of the big 
oil ticket, the Bush-Cheney ticket that somehow this is a bad thing. 
Because if you will notice, even if you are a Republican and from the 
Northeast, you think it is a good idea, because my colleagues are 
concerned about the impact on your constituents in New Jersey, New York 
and the other States that are being negatively impacted by these high 
oil prices.
  The other thing that I think is very interesting is that actually we 
have not even had opposition from the oil industry or even from some 
Members of OPEC to the tapping of the SPR.
  We had a situation where this was quoted in the Washington Post last 
week where John Lichtblau, I do not know if I am pronouncing it 
properly, the chairman of the Petroleum Industry Research Foundation, 
said that the price drop that occurred after the SPR was tapped 
reflects the fact that inventories will be increased. He went on to say 
while very recently there have been speculation about $40-a-barrel oil, 
now there is speculation that will drop to below $30. He actually 
thought it was a good idea that we tap the SPR.
  We had the Venezuelan oil minister and OPEC president, Ali Rodriguez, 
affirm the administration's belief and intent in releasing oil from the 
SPR in that same Post article where he said I think oil prices will not 
remain at their high levels.
  My point is, I do not even see opposition necessarily from the 
industry or even from OPEC, because they understand that prices were 
going up and they needed to be stabilized. I really do not have any 
clue where Governor Bush and Vice President nominee Cheney are coming 
from where they criticize the Democrats and the Vice President and the 
President for tapping the SPR. It just seems like they just do not care 
about the impact on the American people.
  Mr. Speaker, I yield to my colleague, the gentleman from the State of 
Massachussetts (Mr. Tierney).
  Mr. TIERNEY. Mr. Speaker, I thank my colleague, the gentleman from 
New Jersey (Mr. Pallone), for yielding; and I come here just to add to 
some of the gentleman's comments when the gentleman was discussing the 
fact that this is, in fact, very bipartisan.
  I understand all the rhetoric during the campaign trails, and I 
understand that two people that are largely involved with the oil 
industry are trying to make this a political situation; but that, in 
fact, is not the case. I was one of those 114-plus Members that signed 
a letter to the President asking him to do a number of things that 
would improve the energy situation.
  I joined a number of my colleagues from the mid-Atlantic States, as 
well as from my home State of Massachusetts and New England in talking 
with the President and the Department of Energy as far back as last 
winter when these problems originated. We have consistently asked the 
President to take the kind of preemptive moves that we thought were 
necessary setting up a reserve for the Northeastern area, releasing 
fuel from the SPR, from the Strategic Petroleum Reserve, to cover that 
difference.
  Trying to make this into a case where people think that that release 
was to cover all of our needs is way off base. The fact of the matter 
is there is a gap between what is produced and what is consumed, and it 
is only that gap that we are trying to affect. We asked the OPEC 
countries to produce more oil, and they are trying to do that.
  We have asked the non-OPEC foreign producers to produce more oil, and 
they tell us they are trying to produce it. We now need to go to the 
domestic producers who have not been producing more. In fact, in a 
hearing with the Committee on Government Reform, at which I was 
present, one of the officials from the Exxon-Mobil company was 
questioned; and the answer was they, in fact, made 272 percent more 
profits in the second quarter of 2000 than in the second quarter of 
1999, while simultaneously reducing their production budget by some 30 
percent.
  Most of the domestic oil producers, the large companies, have, in 
fact, been making enormous profits in comparison to the previous year 
and have been cutting back.
  The President did a responsible thing that Democrats and Republicans 
have asked him to do. There were any number of Republicans from the 
mid-Atlantic States and the Northeastern States that joined in that 
letter to the President asking him to do something with the funds, 
asking him to set up a New England reserve and asking him to release 
some of the Strategic Petroleum Reserve.
  Our colleagues on the Republican side from New York, one of them is 
running for the Senate, the gentleman from New York (Mr. Gilman), our 
colleagues from Maryland, our Republican colleagues from Connecticut, 
and so on, one of our colleagues from Maine is a Republican. The fact 
of the matter is, this is geographic in nature of where the hurt is 
going to be felt, and it is nonpartisan in terms of people trying

[[Page 21123]]

to help their constituencies and getting the President to do the right 
thing.

                              {time}  1715

  We should not politicize this. We should understand that we have to 
ask every oil producer, whether they are domestic or foreign in nature, 
to step up to the plate and produce some more oil. They can do that, 
and it is about time that they step forward and do that, but also 
understand that the Republican party has a responsibility here. It is 
that party that has been prohibiting the President from having the 
flexibility he needs because they have not reauthorized the strategic 
reserve clauses of the act that need to be dealt with.
  There is no excuse for that. They have let it lapse most recently in 
March, right in the middle of this oil situation, and that is just not 
responsible.
  They have still yet to put the authorization language in for the 
Northeast reserve. We have made the appropriations on that. A 
responsible government would make sure that we have the authority in 
the President to release the Strategic Petroleum Reserve as and when 
needed in small amounts.
  That would be far more responsible than what was done by the 
Republican majority in 1996 and 1997. At that point in time they did 
not swap what was in the Strategic Petroleum Reserve, they sold it, 
about $227 million dollars in 1996 for the sense of bringing down part 
of the deficit, and about $227 million in 1997 to pay for some other 
appropriations that they wanted to pay for. They sold it, they did not 
swap it.
  In fact, last year when we on the Democratic side wanted to have the 
President get authority to buy 10 million more barrels, that was shot 
down by our friends on the Republican side. So we could have been 
increasing the Strategic Petroleum Reserve at an interim at a low price 
when it was down to $10 or $12 a barrel, and that was rejected.
  This is the same group that on occasion has voted to get rid of the 
Department of Energy, and along with it any Strategic Petroleum Reserve 
at all, and now for political reasons they are saying, gee, it is a 
national security issue that we are going to swap some. Unlike them, 
the President was not going to sell it, he was going to swap it.
  As a consequence of that, we are actually going to get 1\1/2\ million 
more barrels back a year from now than it was actually swapped out in 
the interim period, so we are going to have an increase in the 
Strategic Petroleum Reserve that our friends on the other side of the 
aisle wanted to eliminate altogether.
  So if they really want to talk about security, let us do the sensible 
thing here and support the President's action. Let us make sure people 
in the mid-Atlantic States and Northeast and elsewhere that might be 
really jeopardized by the severe cold winter, make sure that the supply 
is there, make sure we are doing everything we can do; and most 
notably, for those that have low incomes, make sure the LIHEAP monies 
get out to people, just as the President has done, so they can fill 
their tanks while it is lower and make sure they have the best possible 
opportunity to weather this winter.
  I thank my colleague, the gentleman from New Jersey, for taking the 
time and giving me the time to address this sure. The record must be 
set straight: This is not about politics, this is about people's health 
and safety, as well as our Nation's security.
  Mr. PALLONE. Mr. Speaker, I thank the gentleman, because I think what 
he is pointing out, and the Democrats have all been pointing out this 
afternoon, is that we are just trying to address the problems that the 
average person faces leading into the winter months.
  It was really encouraging to see that on our side of the aisle, on 
the Democratic side, we started off this afternoon with two colleagues 
from Texas. We might think, why do they care about the Northeast? But 
they obviously do. They both said very emphatically how important it 
was to try to address the price issue and set up the Northeast 
Petroleum Reserve, which I know the gentleman and other Members from 
the Massachusetts delegation have been very much involved with.
  That is what this is all about. That is what the President and the 
Vice President, they represent the whole country and they have to worry 
about people all over the country. I just think it is commendable that 
we are here expressing that concern, and we have colleagues on the 
Republican side saying, oh, no, that is not the way to go.
  Mr. TIERNEY. If the gentleman will yield, Mr. Speaker, during our 
committee hearings we also heard a lot of talk about the fact, whether 
or not this oil could be processed, that refineries were running at 
capacity and whatever.
  What we found out is that that was just more rhetoric, also. The 
refineries generally run at 95 percent, 96 percent, during the months 
just past. Then there is a retooling period, and in our favor, just at 
the end of this month, that will be over and they would be down to a 
capacity of 90 or 91 percent, which they can then kick back up to 95, 
96 percent, to get out this home heating oil.
  That is a circumstance working in our favor. In fact, people within 
the industry are welcoming this. The Department of Energy has been 
talking with people within the industry. Oddly enough, they also 
understand that there is a situation out there that needs to be 
addressed and they are cooperating. So that is another reason to take 
it out of the political realm and leave it in the realm of people's 
security, safety, and health.
  Hopefully we will have that sort of discussion, and not the sort of 
rhetoric that has been going around.
  Mr. PALLONE. I appreciate the gentleman's comments. Of course, I have 
been talking about the lack of a GOP energy policy, but I could just 
mention briefly here for maybe a few minutes or so that the 
administration, the Clinton-Gore administration, for the last 7 years 
has been trying to get the Congress to enact a really positive energy 
policy. Of course, for 6 of those 7 years they have had to deal with 
the Republican leadership that has simply not been willing to adopt it.
  Just to give an example, because I keep hearing the Republicans 
saying they want to open up ANWR, they want to do drilling offshore, 
but earlier this year when we passed an appropriations bill in the 
House, the President had come forward with his budget proposing major 
initiatives for energy efficiency, energy conservation, alternative 
sources of energy.
  The House bill that passed, the House appropriations bill that passed 
I guess in July or so, had $201 million less than the President's 
request with regard to energy conservation and $71 million below the 
existing appropriations level for energy conservation. This was at a 
time when we were already starting to experience higher prices and less 
ability to get foreign oil from OPEC.
  Just to give an idea of these cuts and how they cut what the 
President had proposed, it was a $143 million cut, a complete 
elimination of applied research and development at the Department of 
Energy for certain conservation programs. They canceled 400 R&D 
projects in 33 States by 15 Federal labs, 22 universities, and others. 
There was a $14 million cut in the Low-income Home Weatherization 
Assistance Program, which would mean about 7,000 fewer low-income 
families would have their energy bills reduced. There was a $2 million 
cut from industrial co-generation, which funds R&D.
  Then, in that appropriations bill, there was $67 million less than 
the President's request for solar and renewable energy. There were cuts 
in biomass fuels and biopower R&D, reductions in solar electricity R&D, 
cuts in R&D for wind power, which if adequately funded would be 
competitive just within a few years.
  I could go on and on here, and I will not because I am running out of 
time.
  Mr. TIERNEY. Mr. Speaker, if the gentleman would yield before he runs 
out of his time, when I hear people start to politicize this and say 
that it is a national security issue to swap oil

[[Page 21124]]

out of the Strategic Petroleum Reserve, one thing we have to remind 
people is that it is a swap, and the oil will come back with additional 
oil.
  Secondly, the very people who are making that acquisition now are the 
people who in 1995 filed a bill that was known as H.R. 1649, the 
Department of Energy Abolishment Act.
  As part of that act, it would ask to eliminate the reserve totally 
and sell off 571 million barrels of oil. Now, there are 35 people on 
the other side of the aisle that signed onto that, including three of 
the very highest members of their leadership, who are the same people 
now who have the audacity to go on the floor or elsewhere and start to 
say that a swap is somehow affecting national security.
  So not only is it totally wrong and it is not affecting national 
security in any adverse way, and it is what our allies and what other 
foreign countries think is a good thing to do, as well as business and 
others, but it is absolutely contradictory to their past behavior and 
their past comments.
  I think the public can pretty much get in line as to whether people 
are acting as statesmen or politicians when they make assertions like 
that. I am going to let it go at that message and defer back to you, 
but I think it is important for people to know that this was a good 
move. People in the Northeast and New England, and Massachusetts in 
particular, are very pleased that the LIHEAP money has gotten relieved. 
Our people and low-income seniors will have that relief.
  We are pleased there is a Northeast reserve being set up so the gap 
can be addressed, and hopefully keep the supply up and the prices 
somewhere within the stratosphere. We are very pleased that the 
President indicated he was going to release from the Strategic 
Petroleum Reserve, and already we have seen the prices drop on that, 
except for a slight rebound when Members on the other side of the aisle 
indicated they would try to block it.
  The psychological effect, already a month before it hits the market, 
has shown it is bringing prices down. That is going to help our 
seniors, people in our districts generally, and our small businesses, 
who cannot stand the kind of high prices that are going on and still be 
productive and get their business done in a way to support their 
families.
  Again, I thank the gentleman for allowing me to address this on the 
floor. I think it is important to get this information out.
  Mr. PALLONE. Mr. Speaker, I thank the gentleman for coming down and 
joining us during this time.
  I think we have a couple of minutes left, so I would just like to 
point out, Mr. Speaker, that all the Democrats are really asking is 
that instead of trying to reverse the positive steps that the 
administration is taking and making these false accusations, that the 
GOP adopt a sound energy policy and pass the measures that the 
Democrats have been advocating and that have been proposed by the 
Clinton and Gore administration in its budget request.
  Above all, we should be implementing measures that sustain our 
natural resources, practical measures that would conserve energy, 
promote our long-term energy security, and promote international 
competitiveness and alternative energy resources, all without 
sacrificing our economic growth.
  For example, before we adjourn, the GOP leadership should pass the 
administration's request for funding and tax incentives for energy 
efficiency and renewable energy measures, efficient energy research and 
development, weatherization, and alternative fuel vehicles and mass 
transit.
  I also urge my colleagues on the other side of the aisle to pass 
legislation banning the export of Alaskan oil. Earlier last week, one 
of my colleagues on the Democratic side introduced a bill promoting 
wind energy. This is the kind of creative thinking we need to reduce 
our dependence on domestic and foreign fossil fuels.
  Unfortunately, the Republican majority has done the opposite. It has 
vastly underfunded programs for the past 6 years that my Democratic 
colleagues and I and President Clinton and Vice President Gore have 
promoted, programs that would have conserved energy and prevented the 
situation we now face.
  The Republican majority has an opportunity in the waning days of the 
Congress, we have a couple of weeks left, to reverse their course and 
help us pass sound legislation to avert an even greater energy crisis 
this winter. I would certainly urge them to do so.

                          ____________________



                    FURTHER MESSAGE FROM THE SENATE

  A message from the Senate by Mr. Lundregan, one of its clerks, 
announced that the Senate agrees to the report of the committee of 
conference on the disagreeing votes of the two Houses on the amendment 
of the Senate to the bill (H.R. 4578) ``An Act making appropriations 
for the Department of the Interior and related agencies for the fiscal 
year ending September 30, 2001, and for other purposes.''

                          ____________________



    ISSUES REGARDING OIL PRODUCTION AND CONDITIONS IN RURAL AMERICA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Pennsylvania (Mr. Peterson) is recognized for 5 minutes.
  Mr. PETERSON of Pennsylvania. Mr. Speaker, I came down here to talk 
about rural issues, but I feel a little compelled to talk a little bit 
about what was just discussed.
  I come from Pennsylvania, and in fact 5 miles from my home the first 
oil well in America was drilled, Drake's well. So I come from an area 
where my district had four refineries, we only have three now, but an 
area that has been in the oil business since it started. It is where 
all the major oil companies in America started, in western 
Pennsylvania, because that is the first oil field that was developed.
  It is interesting to talk to people about these simple ways to fix 
this problem when it is obvious they have never been in a refinery and 
they certainly do not understand the oil business.
  I am going to just back up a little bit and talk about the problem we 
have with oil going from $10 to $35 a barrel. It is because we have 
been 1 million or more barrels short per day in our volume that is 
necessary, so we are gradually creating a shortage. When we have a 
shortage in the marketplace, we drive the price up.
  We still have a shortage in the marketplace. We are still not 
importing and domestically producing enough oil to build up a supply.
  Normally, in the spring, refineries have all of these tank farms full 
of gasoline because they cannot produce enough gasoline in the 
summertime for us to drive our cars as much as we do, so they build 
those supplies.
  In the summertime and in the fall, they build up the supplies of home 
heating oil, and they have this reserve. This country is way behind. 
All the refineries are way behind in building up just the normal stocks 
that they need for this winter for home heating.
  Now, we are talking about instantly starting a reserve for New 
England. In Pennsylvania, a number of years ago when we had the first 
energy crisis, we had reserves. We had oil and gasoline and fuel oil 
set aside. Then it was allocated. That is what they are talking about 
to help themselves in New England when the pipeline is only half full, 
and it needs to be full to have enough to do the winter. If we put some 
in a set-aside reserve, we cause a shortage.
  I remember when I argued with our Department of Energy in 
Pennsylvania because we were having this problem every year, and I 
spent half of my time helping people get fuel oil or gasoline for the 
gas stations.
  I said, I think we are close enough in volume now where if you would 
not have anything in reserve this year, the system would work. And we 
argued for weeks. Finally they did that, and we did not have any 
problem that year.
  But the problem we have now, no matter what we do, the refineries in 
America cannot fill those tanks to supply us, and especially if we have 
a cold winter, we really are in a dilemma.

[[Page 21125]]

They run at 96 to 97 percent capacity, so there is not much room to 
refine more than they are refining.
  What people do not realize, my son works in a refinery. He is an 
electrician in a refinery. They are getting ready for a 4- or 8-week 
shutdown where they stop refining. They have to do this to different 
parts of the refinery annually, and sometimes twice a year, because the 
refinery runs at such high temperatures, such high pressures, certain 
pipes and valves and things all have to be replaced every so many 
months.

                              {time}  1730

  So they shut the refinery down and rebuilt all those lines and 
rebuilt all those things so that it is safe. Otherwise, these lines 
would wear out from heat and pressure, and the refinery would blow up. 
They are a very dangerous facility.
  So refineries have to shut down for weeks and months and sometimes 2 
months at a time. It depends on if it is a minor overhaul or major 
overhaul, and they just have to do it. Some of the shortages that we 
have had is when we have had refineries down longer than they 
anticipated.
  I can remember when my son said they were going to have a 4-week 
shutdown, and they ended up with a 6-week shutdown because they had 
problems they did not realize they had.
  So this is not a simple process. Suddenly saying we are going to set 
some oil aside for New England could actually cause us a national 
shortage that would double the price. So I think those from New England 
ought to think carefully that we need to fill the pipeline of oil that 
we refine, we need to get some more normal reserves that we 
historically have had before we start setting some aside for any one 
part of the country. It is not a simple issue.
  I also was a little amused. I am not going to say that wind does not 
have some potential in a few parts of the country. We spent billions on 
wind. We have not had much progress. The researchers have told me they 
have just about researched wind to death.
  I heard a speaker last year that said if we built windmills, the 
latest type of windmills, a mile wide from coast to coast, that would 
be 3,000 miles of windmills a mile wide. Now think of the imprint that 
makes on the landscape. Think of the environmental impact statement one 
would have to get to do that. We would produce 11 percent of our 
electricity.
  Is it the answer to our future energy needs? No, I do not think wind 
will ever be. It is not dependable. So many parts of the country, one 
just cannot count on it. One cannot store it when one has it. It is not 
a resource that we can count on. So I think to pour a lot of money in 
wind is throwing the money to the wind from my point of view.
  I do have to say that those who are suddenly trying to say the 
Republicans are the cause of high oil prices in this country, I was one 
a couple years ago that said $10 oil will destroy our country's ability 
to produce its own oil. In Pennsylvania, most of the producers have 
gone broke. In Texas and Oklahoma, many of the producers went broke.
  Mr. Speaker, $10 oil destroyed our oil infrastructure; and because of 
that, one just cannot turn the spigot on. We have to find ways to get 
them the resources they need so they can rebuild, because a lot of them 
went broke with $10 oil; and the infrastructure is no longer in place. 
It is not a simple issue.

                          ____________________



                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the Chair 
declares the House in recess subject to the call of the Chair.
  Accordingly (at 5 o'clock and 32 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________

                              {time}  2138





                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Dreier) at 9 o'clock and 38 minutes p.m.

                          ____________________



   CONFERENCE REPORT ON H.R. 4475, DEPARTMENT OF TRANSPORTATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

  Mr. YOUNG of Florida submitted the following conference report on the 
bill (H.R. 4475) making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2001, and for other purposes:

                  Conference Report (H. Rept. 106-940)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4475) ``making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2001, and for other purposes'', having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: That the following sums are appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     for the Department of Transportation and related agencies for 
     the fiscal year ending September 30, 2001, and for other 
     purposes, namely:
       Section 101. (a) The provisions of the following bill are 
     hereby enacted into law, H.R. 5394 of the 106th Congress, as 
     introduced on October 5, 2000.
       (b) In publishing the Act in slip form and in the United 
     States Statutes at Large pursuant to section 112, of title 1, 
     United States Code, the Archivist of the United States shall 
     include after the date of approval at the end an appendix 
     setting forth the text of the bill referred to in subsection 
     (a) of this section.
       And the Senate agree to the same.

     Frank R. Wolf,
     Tom DeLay,
     Ralph Regula,
     Harold Rogers,
     Ron Packard,
     Sonny Callahan,
     Todd Tiahrt,
     Robert B. Aderholt,
     Kay Granger,
     C.W. Bill Young,
     Martin Olav Sabo
       (except for provisions to withhold highway funds from 
     states that do not adopt 0.08 blood alcohol concentration 
     laws),
     John W. Olver,
     Ed Pastor,
     Carolyn C. Kilpatrick
       (except for provisions to withhold highway funds from 
     states that do not adopt 0.08 blood alcohol concentration 
     laws),
     Jose E. Serrano,
     Michael P. Forbes,
     David R. Obey 
       (with exception to denial of funds to states without 0.08 
     BAC),
                                Managers on the Part of the House.
     Richard C. Shelby,
     Pete V. Domenici, (except for Wilson Bridge),
     Arlen Specter,
     Christopher S. Bond,
     Slade Gorton,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Ted Stevens,
     Frank R. Lautenberg,
     Robert C. Byrd,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The mangers on the part of the House of Representatives and 
     the Senate at the conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4475) making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2001, and for other purposes, submit the 
     following joint statement to the House of Representatives and 
     the Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       The Senate deleted the entire House bill after the enacting 
     clause and inserted the Senate bill.
       The conference agreement would enact the provisions of H.R. 
     5394 as introduced on October 5, 2000. The text of that bill 
     follows:

[[Page 21126]]



 A BILL Making appropriations for the Department of Transportation and 
related agencies for the fiscal year ending September 30, 2001, and for 
                            other purposes.

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2001, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $63,245,000: Provided, That not more than 52 percent of the 
     funds made available under this heading shall be obligated 
     and not more than 224 full time equivalent staff years funded 
     through the end of the second quarter of fiscal year 2001: 
     Provided further, That funds in excess of 52 percent and 224 
     full time equivalent staff years shall be available only if 
     the Secretary transmits a request to the House and Senate 
     Committees on Appropriations for these additional funds: 
     Provided further, That not to exceed $60,000 for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine: 
     Provided further, That not more than $15,000 of the official 
     reception and representation funds shall be available for 
     obligation prior to January 20, 2001.

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $8,140,000.

           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $11,000,000.

              Transportation Administrative Service Center

       Necessary expenses for operating costs and capital outlays 
     of the Transportation Administrative Service Center, not to 
     exceed $126,887,000, shall be paid from appropriations made 
     available to the Department of Transportation: Provided, That 
     such services shall be provided on a competitive basis to 
     entities within the Department of Transportation: Provided 
     further, That the above limitation on operating expenses 
     shall not apply to non-DOT entities: Provided further, That 
     no funds appropriated in this Act to an agency of the 
     Department shall be transferred to the Transportation 
     Administrative Service Center without the approval of the 
     agency modal administrator: Provided further, That no 
     assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.

               Minority Business Resource Center Program

       For the cost of guaranteed loans, $1,500,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $13,775,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $400,000.

                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,000,000, of which $2,635,000 shall 
     remain available until September 30, 2002: Provided, That 
     notwithstanding 49 U.S.C. 332, these funds may be used for 
     business opportunities related to any mode of transportation.

                              COAST GUARD

                           Operating Expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase of not 
     to exceed five passenger motor vehicles for replacement only; 
     payments pursuant to section 156 of Public Law 97-377, as 
     amended (42 U.S.C. 402 note), and section 229(b) of the 
     Social Security Act (42 U.S.C. 429(b)); and recreation and 
     welfare, $3,192,000,000, of which $341,000,000 shall be 
     available for defense-related activities; and of which 
     $25,000,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That none of the funds appropriated in 
     this or any other Act shall be available for pay for 
     administrative expenses in connection with shipping 
     commissioners in the United States: Provided further, That 
     none of the funds provided in this Act shall be available for 
     expenses incurred for yacht documentation under 46 U.S.C. 
     12109, except to the extent fees are collected from yacht 
     owners and credited to this appropriation: Provided further, 
     That none of the funds in this Act shall be available for the 
     Coast Guard to plan, finalize, or implement any regulation 
     that would promulgate new maritime user fees not specifically 
     authorized by law after the date of the enactment of this 
     Act.

              Acquisition, Construction, and Improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $415,000,000, of which $20,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund; of which 
     $156,450,000 shall be available to acquire, repair, renovate 
     or improve vessels, small boats and related equipment, to 
     remain available until September 30, 2005; $37,650,000 shall 
     be available to acquire new aircraft and increase aviation 
     capability, to remain available until September 30, 2003; 
     $60,113,000 shall be available for other equipment, to remain 
     available until September 30, 2003; $63,336,000 shall be 
     available for shore facilities and aids to navigation 
     facilities, to remain available until September 30, 2003; 
     $55,151,000 shall be available for personnel compensation and 
     benefits and related costs, to remain available until 
     September 30, 2002; and $42,300,000 for the Integrated 
     Deepwater Systems program, to remain available until 
     September 30, 2003: Provided, That the Commandant of the 
     Coast Guard is authorized to dispose of surplus real 
     property, by sale or lease, and the proceeds shall be 
     credited to this appropriation as offsetting collections and 
     made available only for the National Distress and Response 
     System Modernization program, to remain available for 
     obligation until September 30, 2003: Provided further, That 
     upon initial submission to the Congress of the fiscal year 
     2002 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the United States Coast Guard which 
     includes funding for each budget line item for fiscal years 
     2002 through 2006, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget: Provided further, That the amount herein appropriated 
     shall be reduced by $100,000 per day for each day after 
     initial submission of the President's budget that the plan 
     has not been submitted to the Congress: Provided further, 
     That the Commandant shall transfer $5,800,000 to the City of 
     Homer, Alaska, for the construction of a municipal pier and 
     other harbor improvements, contingent upon the City of Homer 
     entering into an agreement with the United States to 
     accommodate Coast Guard vessels and to support Coast Guard 
     operations at Homer, Alaska.

                Environmental Compliance and Restoration

       For necessary expenses to carry out the Coast Guard's 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code, $16,700,000, to 
     remain available until expended.

                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, $15,500,000, to remain available until 
     expended.

                              Retired Pay

       For retired pay, including the payment of obligations 
     therefor otherwise chargeable to lapsed appropriations for 
     this purpose, and payments under the Retired Serviceman's 
     Family Protection and Survivor Benefits Plans, and for 
     payments for medical care of retired personnel and their 
     dependents under the Dependents Medical Care Act (10 U.S.C. 
     ch. 55), $778,000,000.

                            Reserve Training


                     (including transfer of funds)

       For all necessary expenses of the Coast Guard Reserve, as 
     authorized by law; maintenance and operation of facilities; 
     and supplies, equipment, and services, $80,375,000: Provided, 
     That no more than $22,000,000 of funds made available under 
     this heading may be transferred to Coast Guard ``Operating 
     expenses'' or otherwise made available to reimburse the Coast 
     Guard for financial support of the Coast Guard Reserve: 
     Provided further, That none of the funds in this Act may be 
     used by the Coast Guard to assess direct charges on the Coast 
     Guard Reserves for items or activities which were not so 
     charged during fiscal year 1997.

              Research, Development, Test, and Evaluation

       For necessary expenses, not otherwise provided for, for 
     applied scientific research, development, test, and 
     evaluation; maintenance, rehabilitation, lease and operation 
     of facilities and equipment, as authorized by law, 
     $21,320,000, to remain available until expended, of which 
     $3,500,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That there may be credited to and used 
     for the purposes of this appropriation funds received from 
     State and local governments, other public authorities, 
     private sources, and foreign countries, for expenses incurred 
     for research, development, testing, and evaluation.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 104-264, $6,544,235,000, of which 
     $4,414,869,000 shall be derived from the Airport and Airway 
     Trust Fund, of which $5,200,274,000 shall be available for 
     air traffic services program activities; $694,979,000 shall 
     be available for aviation regulation and certification 
     program activities; $139,301,400 shall be

[[Page 21127]]

     available for civil aviation security program activities; 
     $189,988,000 shall be available for research and acquisition 
     program activities; $12,000,000 shall be available for 
     commercial space transportation program activities; 
     $48,443,600 shall be available for Financial Services program 
     activities; $54,864,000 shall be available for Human 
     Resources program activities; $99,347,000 shall be available 
     for Regional Coordination program activities; and 
     $105,038,000 shall be available for Staff Offices program 
     activities: Provided, That none of the funds in this Act 
     shall be available for the Federal Aviation Administration to 
     plan, finalize, or implement any regulation that would 
     promulgate new aviation user fees not specifically authorized 
     by law after the date of the enactment of this Act: Provided 
     further, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, foreign 
     authorities, other public authorities, and private sources, 
     for expenses incurred in the provision of agency services, 
     including receipts for the maintenance and operation of air 
     navigation facilities, and for issuance, renewal or 
     modification of certificates, including airman, aircraft, and 
     repair station certificates, or for tests related thereto, or 
     for processing major repair or alteration forms: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $5,000,000 shall be for the contract tower 
     cost-sharing program and not less than $750,000 shall be for 
     the Centennial of Flight Commission: Provided further, That 
     funds may be used to enter into a grant agreement with a 
     nonprofit standard-setting organization to assist in the 
     development of aviation safety standards: Provided further, 
     That none of the funds in this Act shall be available for new 
     applicants for the second career training program: Provided 
     further, That none of the funds in this Act shall be 
     available for paying premium pay under 5 U.S.C. 5546(a) to 
     any Federal Aviation Administration employee unless such 
     employee actually performed work during the time 
     corresponding to such premium pay: Provided further, That 
     none of the funds in this Act may be obligated or expended to 
     operate a manned auxiliary flight service station in the 
     contiguous United States: Provided further, That none of the 
     funds in this Act may be used for the Federal Aviation 
     Administration to enter into a multiyear lease greater than 5 
     years in length or greater than $100,000,000 in value unless 
     such lease is specifically authorized by the Congress and 
     appropriations have been provided to fully cover the Federal 
     Government's contingent liabilities: Provided further, That 
     none of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Transportation Administrative 
     Service Center.

                        Facilities and Equipment


                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, and improvement by contract or 
     purchase, and hire of air navigation and experimental 
     facilities and equipment as authorized under part A of 
     subtitle VII of title 49, United States Code, including 
     initial acquisition of necessary sites by lease or grant; 
     engineering and service testing, including construction of 
     test facilities and acquisition of necessary sites by lease 
     or grant; and construction and furnishing of quarters and 
     related accommodations for officers and employees of the 
     Federal Aviation Administration stationed at remote 
     localities where such accommodations are not available; and 
     the purchase, lease, or transfer of aircraft from funds 
     available under this head; to be derived from the Airport and 
     Airway Trust Fund, $2,656,765,000, of which $2,334,112,400 
     shall remain available until September 30, 2003, and of which 
     $322,652,600 shall remain available until September 30, 2001: 
     Provided, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, other 
     public authorities, and private sources, for expenses 
     incurred in the establishment and modernization of air 
     navigation facilities: Provided further, That upon initial 
     submission to the Congress of the fiscal year 2002 
     President's budget, the Secretary of Transportation shall 
     transmit to the Congress a comprehensive capital investment 
     plan for the Federal Aviation Administration which includes 
     funding for each budget line item for fiscal years 2002 
     through 2006, with total funding for each year of the plan 
     constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget: Provided further, That the amount herein appropriated 
     shall be reduced by $100,000 per day for each day after 
     initial submission of the President's budget that the plan 
     has not been submitted to the Congress: Provided further, 
     That none of the funds in this Act may be used for the 
     Federal Aviation Administration to enter into a capital lease 
     agreement unless appropriations have been provided to fully 
     cover the Federal Government's contingent liabilities at the 
     time the lease agreement is signed.

                 Research, Engineering, and Development


                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $187,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2003: 
     Provided, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, other 
     public authorities, and private sources, for expenses 
     incurred for research, engineering, and development.

                       Grants-in-Aid for Airports


                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for administration of such programs; for 
     administration of programs under section 40117; for 
     procurement, installation, and commissioning of runway 
     incursion prevention devices and systems at airports; and for 
     inspection activities and administration of airport safety 
     programs, including those related to airport operating 
     certificates under section 44706 of title 49, United States 
     Code, $3,200,000,000, to be derived from the Airport and 
     Airway Trust Fund and to remain available until expended: 
     Provided, That none of the funds under this heading shall be 
     available for the planning or execution of programs the 
     obligations for which are in excess of $3,200,000,000 in 
     fiscal year 2001, notwithstanding section 47117(h) of title 
     49, United States Code: Provided further, That 
     notwithstanding any other provision of law, not more than 
     $53,000,000 of funds limited under this heading shall be 
     obligated for administration.

                       Grants-in-Aid for Airports


                    (airport and airway trust fund)

                 (rescission of contract authorization)

       Of the unobligated balances authorized under 49 U.S.C. 
     48103, as amended, $579,000,000 are rescinded.

                   Aviation Insurance Revolving Fund

       The Secretary of Transportation is hereby authorized to 
     make such expenditures and investments, within the limits of 
     funds available pursuant to 49 U.S.C. 44307, and in 
     accordance with section 104 of the Government Corporation 
     Control Act, as amended (31 U.S.C. 9104), as may be necessary 
     in carrying out the program for aviation insurance activities 
     under chapter 443 of title 49, United States Code.

                     FEDERAL HIGHWAY ADMINISTRATION

                 Limitation on Administrative Expenses

       Necessary expenses for administration and operation of the 
     Federal Highway Administration not to exceed $295,119,000 
     shall be paid in accordance with law from appropriations made 
     available by this Act to the Federal Highway Administration 
     together with advances and reimbursements received by the 
     Federal Highway Administration: Provided, That of the funds 
     available under section 104(a) of title 23, United States 
     Code: $4,000,000 shall be available for Commercial Remote 
     Sensing Products and Spatial Information Technologies under 
     section 5113 of Public Law 105-178, as amended; $10,000,000 
     shall be available for the National Historic Covered Bridge 
     Preservation Program under section 1224 of Public Law 105-
     178, as amended; $5,000,000 shall be available for the 
     construction and improvement of the Alabama State Docks, and 
     shall remain available until expended; $10,000,000 shall be 
     available to Auburn University for research activities at the 
     Center for Transportation Technology and to construct a 
     building to house the center, and shall remain available 
     until expended; $7,500,000 shall be available for ``Child 
     Passenger Protection Education Grants'' under section 2003(b) 
     of Public Law 105-178, as amended; and $25,000,000 shall be 
     available for the Transportation and Community and System 
     Preservation Program under section 1221 of Public Law 105-
     178, as amended.

                          Federal-Aid Highways


                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $29,661,806,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2001: Provided, That within the $29,661,806,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $437,250,000 
     shall be available for the implementation or execution of 
     programs for transportation research (sections 502, 503, 504, 
     506, 507, and 508 of title 23, United States Code, as 
     amended; section 5505 of title 49, United States Code, as 
     amended; and sections 5112 and 5204-5209 of Public Law 105-
     178) for fiscal year 2001; not more than $25,000,000 shall be 
     available for the implementation or execution of programs for 
     the Magnetic Levitation Transportation Technology Deployment 
     Program (section 1218 of Public Law 105-178) for fiscal year 
     2001, of which not to exceed $1,000,000 shall be available to 
     the Federal Railroad Administration for administrative 
     expenses and technical assistance in connection with such 
     program, of which not to exceed $1,500,000 shall be available 
     to the Federal Railroad Administration for ``Safety and 
     operations'', and, notwithstanding section 1218(c)(4) of 
     Public Law 105-178, of which $1,000,000 shall be available 
     for low speed magnetic levitation research and development; 
     not more than $31,000,000 shall be available for the 
     implementation or execution of programs for the Bureau of 
     Transportation Statistics (section 111 of title 49, United 
     States Code) for fiscal year 2001: Provided further, That 
     within the $218,000,000 obligation limitation on Intelligent 
     Transportation Systems, the following sums

[[Page 21128]]

     shall be made available for Intelligent Transportation System 
     projects in the following specified areas:
       State of Alaska, $2,350,000;
       Alameda-Contra Costa, California, $500,000;
       Aquidneck Island, Rhode Island, $500,000;
       Austin, Texas, $250,000;
       Automated crash notification system, UAB, $1,000,000;
       Baton Rouge, Louisiana, $1,000,000;
       Bay County, Florida, $1,500,000;
       Beaumont, Texas, $150,000;
       Bellingham, Washington, $350,000;
       Bloomington Township, Illinois, $400,000;
       Calhoun County, Michigan, $750,000;
       Carbondale, Pennsylvania, $2,000,000;
       Cargo Mate, New Jersey, $750,000;
       Charlotte, North Carolina, $625,000;
       College Station, Texas, $1,800,000;
       Commonwealth of Virginia, $5,500,000;
       Corpus Christi, Texas (vehicle dispatching), $1,000,000;
       Delaware River Port Authority, $1,250,000;
       DuPage County, Illinois, $500,000;
       Fargo, North Dakota, $1,000,000;
       Fort Collins, Colorado, $1,250,000;
       Hattiesburg, Mississippi, $500,000;
       Huntington Beach, California, $1,250,000;
       Huntsville, Alabama, $3,000,000;
       I-70 West project, Colorado, $750,000;
       Inglewood, California, $600,000;
       Jackson, Mississippi, $1,000,000;
       Jefferson County, Colorado, $4,250,000;
       Johnsonburg, Pennsylvania, $1,500,000;
       Kansas City, Missouri, $1,250,000;
       Lake County, Illinois, $450,000;
       Lewis & Clark Trail, Montana, $625,000;
       Montgomery County, Pennsylvania, $2,000,000;
       Moscow, Idaho, $875,000;
       Muscle Shoals, Alabama, $1,000,000;
       Nashville, Tennessee, $500,000;
       New Jersey regional integration/TRANSCOM, $3,000,000;
       North Central Pennsylvania, $750,000;
       North Las Vegas, Nevada, $1,800,000;
       Norwalk and Santa Fe Springs, California, $500,000;
       Oakland and Wayne Counties, Michigan, $1,500,000;
       Pennsylvania Turnpike Commission, $1,500,000;
       Philadelphia, Pennsylvania, $500,000;
       Puget Sound regional fare collection, Washington, 
     $2,500,000;
       Rensselaer County, New York, $500,000;
       Rochester, New York, $1,500,000;
       Sacramento County, California, $875,000;
       Sacramento to Reno, I-80 corridor, $100,000;
       Sacramento, California, $500,000;
       Salt Lake City (Olympic Games), Utah, $1,000,000;
       San Antonio, Texas, $100,000;
       Santa Teresa, New Mexico, $500,000;
       Schuylkill County, Pennsylvania, $400,000;
       Seabrook, Texas, $1,200,000;
       Shreveport, Louisiana, $1,000,000;
       South Dakota commercial vehicle, ITS, $1,250,000;
       Southeast Michigan, $500,000;
       Southhaven, Mississippi, $150,000;
       Spokane County, Washington, $1,000,000;
       Springfield-Branson, Missouri, $750,000;
       St. Louis, Missouri, $500,000;
       State of Arizona, $1,000,000;
       State of Connecticut, $3,000,000;
       State of Delaware, $1,000,000;
       State of Illinois, $1,000,000;
       State of Indiana (SAFE-T), $1,000,000;
       State of Iowa (traffic enforcement and transit), 
     $2,750,000;
       State of Kentucky, $1,500,000;
       State of Maryland, $3,000,000;
       State of Minnesota, $6,500,000;
       State of Missouri (rural), $750,000;
       State of Montana, $750,000;
       State of Nebraska, $2,600,000;
       State of New Mexico, $750,000;
       State of North Carolina, $1,500,000;
       State of North Dakota, $500,000;
       State of Ohio, $2,000,000;
       State of Oklahoma, $1,000,000;
       State of Oregon, $750,000;
       State of South Carolina statewide, $2,000,000;
       State of Tennessee, $1,850,000;
       State of Utah, $1,500,000;
       State of Vermont, $500,000;
       State of Wisconsin, $1,000,000;
       Texas border phase I, Houston, Texas, $500,000;
       Tuscaloosa, Alabama, $2,000,000;
       Tuscon, Arizona, $1,250,000;
       Vermont rural ITS, $1,500,000;
       Washington, DC area, $1,250,000;
       Washoe County, Nevada, $200,000;
       Wayne County, Michigan, $5,000,000;
       Williamson County/Round Rock, Texas, $250,000:
     Provided further, That, notwithstanding Public Law 105-178, 
     as amended, funds authorized under section 110 of title 23, 
     United States Code, for fiscal year 2001 shall be apportioned 
     based on each State's percentage share of funding provided 
     for under section 105 of title 23, United States Code, for 
     fiscal year 2001, except that before such apportionments are 
     made, $156,486,491 shall be set aside for projects authorized 
     under section 1602 of Public Law 105-178, as amended; 
     $25,000,000 shall be set aside for the Indian Reservation 
     Roads Program under section 204 of title 23, United States 
     Code $18,467,857 shall be set aside for the Woodrow Wilson 
     Memorial Bridge project authorized by section 404 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995, as 
     amended; $10,000,000 shall be set aside for the commercial 
     driver's license program under motor carrier safety grants 
     authorized by section 31102 of title 49, United States Code; 
     and $1,735,039 shall be set aside for the Alaska Highway 
     authorized by section 218 of title 23, United States Code. Of 
     the funds to be apportioned under section 110 for fiscal year 
     2001, the Secretary shall ensure that such funds are 
     apportioned for the Interstate Maintenance program, the 
     National Highway system program, the bridge program, the 
     surface transportation program, and the congestion mitigation 
     and air quality program in the same ratio that each State is 
     apportioned funds for such program in fiscal year 2001 but 
     for this section: Provided, That, notwithstanding any other 
     provision of law, of the funds apportioned to the State of 
     Oklahoma under section 110 of title 23, United States Code, 
     for fiscal year 2001, $8,000,000 shall be available only for 
     the widening of US 177 from SH-33 to 32nd Street in 
     Stillwater, Oklahoma; $4,300,000 shall be available only for 
     the reconstruction of US 177 in the vicinity of Cimarron 
     River, Oklahoma; $1,500,000 shall be available only for the 
     reconstruction of US 70 from Broken Bow, Oklahoma to the 
     Arkansas state line; $1,000,000 shall be available only to 
     improve Battiest-Pickens Road between Battiest and Pickens, 
     Oklahoma; $140,000 shall be available only to conduct a 
     feasibility study of increasing lanes or adding passing lanes 
     on SH 3 in McCurtain, Pushmataha and Atoka Counties, 
     Oklahoma; and $100,000 shall be available only for the 
     reconstruction of US 70 in Marshall and Bryan Counties, 
     Oklahoma: Provided further, That, notwithstanding any other 
     provision of law, of the funds apportioned to the State of 
     Mississippi under section 110 of title 23, United States 
     Code, for fiscal year 2001, $24,600,000 may be available for 
     construction of an interchange for a connector road from the 
     interchange to U.S. Highway 51, between mile markers 115 and 
     120 on I-55 in Mississippi: Provided further, That, 
     notwithstanding any other provision of law, of the funds 
     apportioned to the State of New York under section 110 of 
     title 23, United States Code, for fiscal year 2001, 
     $4,000,000 shall be available only to upgrade and improve the 
     Albany North Creek intermodal transportation corridor: 
     Provided further, That, notwithstanding any other provision 
     of law, of the funds apportioned to the State of Nebraska 
     under section 110 of title 23, United States Code, for fiscal 
     year 2001, $3,500,000 shall be available only for the 
     construction of a pedestrian overpass in Lincoln: Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds apportioned to the State of Alabama under section 
     110 of title 23, United States Code, for fiscal year 2001, 
     $8,000,000 shall be available only for construction of the 
     Patton Island bridge in Lauderdale County, Alabama: Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds apportioned to the State of California under 
     section 110 of title 23, United States Code, for fiscal year 
     2001, $46,000,000 shall be available only for traffic 
     mitigation and other improvements to existing SR710 in South 
     Pasadena, Pasadena and El Serano: Provided further, That, 
     notwithstanding any other provision of law, the obligation 
     limitation distributed for specific projects described herein 
     shall remain available until expended and shall be in 
     addition to the amount of any obligation limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.

                          Federal-Aid Highways


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for carrying 
     out the provisions of title 23, United States Code, that are 
     attributable to Federal-aid highways, including the National 
     Scenic and Recreational Highway as authorized by 23 U.S.C. 
     148, not otherwise provided, including reimbursement for sums 
     expended pursuant to the provisions of 23 U.S.C. 308, 
     $28,000,000,000 or so much thereof as may be available in and 
     derived from the Highway Trust Fund, to remain available 
     until expended.

                        Emergency Relief Program


                          (Highway Trust Fund)

       For an additional amount for the Emergency Relief Program 
     for emergency expenses resulting from floods and other 
     natural disasters, as authorized by section 125 of title 23, 
     United States Code, $720,000,000, to be derived from the 
     Highway Trust Fund and to remain available until expended: 
     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: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for $720,000,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION


                          Motor Carrier Safety

                 limitation on administrative expenses

       For necessary expenses for administration of motor carrier 
     safety programs and motor carrier safety research, pursuant 
     to section 104(a) of title 23, United States Code, not to 
     exceed $92,194,000 shall be paid in accordance with law from 
     appropriations made available by this Act and from any 
     available take-down balances to the Federal Motor Carrier 
     Safety Administration, together with advances and 
     reimbursements received by the Federal Motor Carrier

[[Page 21129]]

     Safety Administration: Provided, That such amounts shall be 
     available to carry out the functions and operations of the 
     Federal Motor Carrier Safety Administration.

                 National Motor Carrier Safety Program


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 49 
     U.S.C. 31102, $177,000,000, to be derived from the Highway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds in this Act shall be available for the 
     implementation or execution of programs the obligations for 
     which are in excess of $177,000,000 for ``Motor Carrier 
     Safety Grants''.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     chapter 301 of title 49, United States Code, and part C of 
     subtitle VI of title 49, United States Code, $116,876,000 of 
     which $85,321,000 shall remain available until September 30, 
     2003: Provided, That none of the funds appropriated by this 
     Act may be obligated or expended to plan, finalize, or 
     implement any rulemaking to add to section 575.104 of title 
     49 of the Code of Federal Regulations any requirement 
     pertaining to a grading standard that is different from the 
     three grading standards (treadwear, traction, and temperature 
     resistance) already in effect: Provided further, That none of 
     the funds appropriated in this Act may be obligated or 
     expended to purchase a vehicle to conduct New Car Assessment 
     Program crash testing at a price that exceeds the 
     manufacturer's suggested retail price, unless the Secretary 
     submits a request for a waiver that is approved by the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Department of Transportation shall fund a study with 
     the National Academy of Sciences on whether the static 
     stability factor is a scientifically valid measurement that 
     presents practical, useful information to the public 
     including a comparison of the static stability factor test 
     versus a test with rollover metrics based on dynamic driving 
     conditions that may induce rollover events: Provided further, 
     That nothing in this provision prohibits NHTSA from 
     completing action on its proposal to provide rollover rating 
     information to the public while the National Academy of 
     Sciences conducts this study: Provided further, That to the 
     extent NHTSA continues action on its rollover ratings 
     proposal during the study, the agency shall consider any 
     available preliminary deliberations or conclusions available 
     from the National Academy of Sciences before completing 
     action on its proposal, and shall consider coordinating any 
     final action on its proposal with the completion of the 
     National Academy of Sciences study: Provided further, That 
     the National Academy of Sciences shall complete this study 
     and issue a report to the House and Senate Committees on 
     Appropriations not later than nine months after the date of 
     enactment of this Act: Provided further, That after the 
     National Academy of Sciences submits its findings to the 
     Congress and the National Highway Traffic Safety 
     Administration, the National Highway Traffic Safety 
     Administration shall formally review and respond within 
     thirty days to the study findings and propose any appropriate 
     revisions to the consumer information program based on that 
     review.

                        Operations and Research


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, to remain available until 
     expended, $72,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2001, are in excess of 
     $72,000,000 for programs authorized under 23 U.S.C. 403.

                        National Driver Register


                          (highway trust fund)

       For expenses necessary to discharge the functions of the 
     Secretary with respect to the National Driver Register under 
     chapter 303 of title 49, United States Code, $2,000,000, to 
     be derived from the Highway Trust Fund, and to remain 
     available until expended.

                     Highway Traffic Safety Grants


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out the provisions of 23 
     U.S.C. 402, 405, 410, and 411 to remain available until 
     expended, $213,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2001, are in excess of 
     $213,000,000 for programs authorized under 23 U.S.C. 402, 
     405, 410, and 411 of which $155,000,000 shall be for 
     ``Highway Safety Programs'' under 23 U.S.C. 402, $13,000,000 
     shall be for ``Occupant Protection Incentive Grants'' under 
     23 U.S.C. 405, $36,000,000 shall be for ``Alcohol-Impaired 
     Driving Countermeasures Grants'' under 23 U.S.C. 410, and 
     $9,000,000 shall be for the ``State Highway Safety Data 
     Grants'' under 23 U.S.C. 411: Provided further, That none of 
     these funds shall be used for construction, rehabilitation, 
     or remodeling costs, or for office furnishings and fixtures 
     for State, local, or private buildings or structures: 
     Provided further, That not to exceed $7,750,000 of the funds 
     made available for section 402, not to exceed $650,000 of the 
     funds made available for section 405, not to exceed 
     $1,800,000 of the funds made available for section 410, and 
     not to exceed $450,000 of the funds made available for 
     section 411 shall be available to NHTSA for administering 
     highway safety grants under chapter 4 of title 23, United 
     States Code: Provided further, That not to exceed $500,000 of 
     the funds made available for section 410 ``Alcohol-Impaired 
     Driving Countermeasures Grants'' shall be available for 
     technical assistance to the States.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $101,717,000, of 
     which $5,899,000 shall remain available until expended: 
     Provided, That, as part of the Washington Union Station 
     transaction in which the Secretary assumed the first deed of 
     trust on the property and, where the Union Station 
     Redevelopment Corporation or any successor is obligated to 
     make payments on such deed of trust on the Secretary's 
     behalf, including payments on and after September 30, 1988, 
     the Secretary is authorized to receive such payments directly 
     from the Union Station Redevelopment Corporation, credit them 
     to the appropriation charged for the first deed of trust, and 
     make payments on the first deed of trust with those funds: 
     Provided further, That such additional sums as may be 
     necessary for payment on the first deed of trust may be 
     advanced by the Administrator from unobligated balances 
     available to the Federal Railroad Administration, to be 
     reimbursed from payments received from the Union Station 
     Redevelopment Corporation.

                   Railroad Research and Development

       For necessary expenses for railroad research and 
     development, $25,325,000, to remain available until expended.

            Railroad Rehabilitation and Improvement Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 2001.

                     Rhode Island Rail Development

       For the costs associated with construction of a third track 
     on the Northeast Corridor between Davisville and Central 
     Falls, Rhode Island, with sufficient clearance to accommodate 
     double stack freight cars, $17,000,000 to be matched by the 
     State of Rhode Island or its designee on a dollar-for-dollar 
     basis and to remain available until expended.

                    Next Generation High-Speed Rail

       For necessary expenses for the Next Generation High-Speed 
     Rail program as authorized under 49 U.S.C. 26101 and 26102, 
     $25,100,000, to remain available until expended.

                     Alaska Railroad Rehabilitation

       To enable the Secretary of Transportation to make grants to 
     the Alaska Railroad, $20,000,000 shall be for capital 
     rehabilitation and improvements benefiting its passenger 
     operations, to remain available until expended.

                     West Virginia Rail Development

       For capital costs associated with track, signal, and 
     crossover rehabilitation and improvements on the MARC 
     Brunswick line in West Virginia, $15,000,000, to remain 
     available until expended.

     Capital Grants to the National Railroad Passenger Corporation

       For necessary expenses of capital improvements of the 
     National Railroad Passenger Corporation as authorized by 49 
     U.S.C. 24104(a), $521,476,000, to remain available until 
     expended: Provided, That the Secretary shall not obligate 
     more than $208,590,000 prior to September 30, 2001.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $12,800,000: Provided, That no 
     more than $64,000,000 of budget authority shall be available 
     for these purposes: Provided further, That of the funds in 
     this Act available for the execution of contracts under 
     section 5327(c) of title 49, United States Code, $1,000,000 
     shall be transferred to the Department of Transportation's 
     Office of Inspector General for costs associated with the 
     audit and review of new fixed guideway systems: Provided 
     further, That not to exceed $2,500,000 for the National 
     Transit Database shall remain available until expended.

                             Formula Grants

       For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
     5310, 5311, 5327, and section 3038 of Public Law 105-178, 
     $669,000,000, to remain available until expended: Provided, 
     That no more than $3,345,000,000 of budget authority shall be 
     available for these purposes: Provided

[[Page 21130]]

      further, That of the funds provided under this heading, 
     $60,000,000 shall be available for grants for the costs of 
     planning, delivery, and temporary use of transit vehicles for 
     special transportation needs and construction of temporary 
     transportation facilities for the XIX Winter Olympiad and the 
     VIII Paralympiad for the Disabled, to be held in Salt Lake 
     City, Utah: Provided further, That in allocating the funds 
     designated in the preceding proviso, the Secretary shall make 
     grants only to the Utah Department of Transportation, and 
     such grants shall not be subject to any local share 
     requirement or limitation on operating assistance under this 
     Act or the Federal Transit Act, as amended: Provided further, 
     That notwithstanding section 3008 of Public Law 105-178, the 
     $50,000,000 to carry out 49 U.S.C. 5308 shall be transferred 
     to and merged with funding provided for the replacement, 
     rehabilitation, and purchase of buses and related equipment 
     and the construction of bus-related facilities under 
     ``Federal Transit Administration, Capital investment 
     grants''.

                   University Transportation Research

       For necessary expenses to carry out 49 U.S.C. 5505, 
     $1,200,000, to remain available until expended: Provided, 
     That no more than $6,000,000 of budget authority shall be 
     available for these purposes.

                     Transit Planning and Research

       For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
     5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
     $22,200,000, to remain available until expended: Provided, 
     That no more than $110,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     $5,250,000 is available to provide rural transportation 
     assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to 
     carry out programs under the National Transit Institute (49 
     U.S.C. 5315), $8,250,000 is available to carry out transit 
     cooperative research programs (49 U.S.C. 5313(a)), 
     $52,113,600 is available for metropolitan planning (49 U.S.C. 
     5303, 5304, and 5305), $10,886,400 is available for State 
     planning (49 U.S.C. 5313(b)); and $29,500,000 is available 
     for the national planning and research program (49 U.S.C. 
     5314).

                      Trust Fund Share of Expenses


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 5303-5308, 
     5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 
     and 3038 of Public Law 105-178, $5,016,600,000, to remain 
     available until expended, and to be derived from the Mass 
     Transit Account of the Highway Trust Fund: Provided, That 
     $2,676,000,000 shall be paid to the Federal Transit 
     Administration's formula grants account: Provided further, 
     That $87,800,000 shall be paid to the Federal Transit 
     Administration's transit planning and research account: 
     Provided further, That $51,200,000 shall be paid to the 
     Federal Transit Administration's administrative expenses 
     account: Provided further, That $4,800,000 shall be paid to 
     the Federal Transit Administration's university 
     transportation research account: Provided further, That 
     $80,000,000 shall be paid to the Federal Transit 
     Administration's job access and reverse commute grants 
     program: Provided further, That $2,116,800,000 shall be paid 
     to the Federal Transit Administration's capital investment 
     grants account.

                       Capital Investment Grants


                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
     5318, and 5327, $529,200,000, to remain available until 
     expended: Provided, That no more than $2,646,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That notwithstanding any other provision of 
     law, there shall be available for fixed guideway 
     modernization, $1,058,400,000; there shall be available for 
     the replacement, rehabilitation, and purchase of buses and 
     related equipment and the construction of bus-related 
     facilities, $529,200,000, together with $50,000,000 
     transferred from ``Federal Transit Administration, formula 
     grants''; and there shall be available for new fixed guideway 
     systems $1,058,400,000, together with $4,983,828 made 
     available for the Pittsburgh airport busway project under 
     Public Law 105-66, together with $1,488,750 made available 
     for the Burlington to Gloucester, New Jersey line under 
     Public Law 103-331, together with $20,521,470 previously 
     appropriated for the Orlando Lynx light rail project 
     remaining unobligated as of or deobligated after September 
     30, 2000; to be available as follows:
       $10,400,000 for Alaska or Hawaii ferry projects;
       $500,000 for the Albuquerque/Greater Albuquerque mass 
     transit project;
       $25,000,000 for the Atlanta, Georgia, North line extension 
     project;
       $1,000,000 for the Austin, Texas, capital metro light rail 
     project;
       $3,000,000 for the Baltimore central LRT double track 
     project;
       $5,000,000 for the Birmingham, Alabama, transit corridor;
       $25,000,000 for the Boston South Boston Piers transitway 
     project;
       $1,000,000 for the Boston Urban Ring project;
       $2,000,000 for the Burlington-Bennington (ABRB), Vermont, 
     commuter rail project;
       $1,000,000 for the Calais, Maine, branch line regional 
     transit program;
       $2,000,000 for the Canton-Akron-Cleveland commuter rail 
     project;
       $3,000,000 for the Central Florida commuter rail project;
       $5,000,000 for the Charlotte, North Carolina, north-south 
     corridor transitway projects;
       $35,000,000 for the Chicago METRA commuter rail projects;
       $15,000,000 for the Chicago Ravenswood and Douglas branch 
     reconstruction projects;
       $1,500,000 for the Clark County, Nevada, RTC fixed guideway 
     project;
       $4,000,000 for the Cleveland Euclid corridor improvement 
     project;
       $1,000,000 for the Colorado Roaring Fork Valley project;
       $70,000,000 for the Dallas north central light rail 
     extension project;
       $3,000,000 for the Denver Southeast corridor project;
       $20,200,000 for the Denver Southwest corridor project;
       $500,000 for the Detroit, Michigan, metropolitan airport 
     light rail project;
       $50,000,000 for the Dulles corridor project;
       $15,000,000 for the Fort Lauderdale, Florida, Tri-County 
     commuter rail project;
       $1,000,000 for the Galveston, Texas, rail trolley extension 
     project;
       $15,000,000 for the Girdwood to Wasilla, Alaska, commuter 
     rail project;
       $500,000 for the Harrisburg-Lancaster capital area transit 
     corridor 1 commuter rail project;
       $1,000,000 for the Hollister/Gilroy branch line rail 
     extension project;
       $2,500,000 for Honolulu, Hawaii, bus rapid transit project;
       $2,500,000 for the Houston advanced transit project;
       $10,750,000 for the Houston regional bus project;
       $3,000,000 for the Indianapolis, Indiana, northeast-
     downtown corridor project;
       $1,000,000 for the Johnson County, Kansas, I-35 commuter 
     rail project;
       $3,500,000 for Kansas City, Missouri, Southtown corridor 
     project;
       $4,000,000 for the Kenosha-Racine-Milwaukee rail extension 
     project;
       $3,000,000 for the Little Rock, Arkansas, river rail 
     project;
       $8,000,000 for the Long Island Railroad East Side access 
     project;
       $2,000,000 for the Los Angeles Mid-City and East Side 
     corridors projects;
       $50,000,000 for the Los Angeles North Hollywood extension 
     project;
       $3,000,000 for the Los Angeles-San Diego LOSSAN corridor 
     project;
       $2,000,000 for the Lowell, Massachusetts-Nashua, New 
     Hampshire commuter rail project;
       $10,000,000 for the MARC expansion projects--Penn-Camden 
     lines connector and midday storage facility;
       $1,000,000 for the Massachusetts North Shore corridor 
     project;
       $6,000,000 for the Memphis, Tennessee, medical center rail 
     extension project;
       $6,000,000 for the Nashville, Tennessee, regional commuter 
     rail project;
       $121,000,000 for the New Jersey Hudson Bergen project;
       $7,000,000 for the Newark-Elizabeth rail link project;
       $2,000,000 for the Northern Indiana south shore commuter 
     rail project;
       $1,000,000 for the Northwest New Jersey-Northeast 
     Pennsylvania passenger rail project;
       $10,000,000 for the Oceanside-Escondido, California, light 
     rail extension project;
       $2,000,000 for the Orange County, California, transitway 
     project;
       $10,000,000 for the Philadelphia-Reading SETPA Schuylkill 
     Valley metro project;
       $2,000,000 for the Philadelphia SEPTA Cross County metro 
     project;
       $10,000,000 for the Phoenix metropolitan area transit 
     project;
       $5,000,000 for the Pittsburgh North Shore-central business 
     district corridor project;
       $12,000,000 for the Pittsburgh stage II light rail project;
       $7,500,000 for the Portland-Interstate MAX LRT extension 
     project;
       $2,000,000 for the Portland, Maine, marine highway program;
       $5,000,000 for the Puget Sound RTA Sounder commuter rail 
     project;
       $10,000,000 for the Raleigh-Durham-Chapel Hill Triangle 
     transit project;
       $500,000 for the Rhode Island-Pawtucket and T.F. Green 
     commuter rail and maintenance facility;
       $35,200,000 for the Sacramento, California, south corridor 
     LRT project;
       $2,000,000 for the Salt Lake City-University light rail 
     line project;
       $1,000,000 for the San Bernardino, California, Metrolink 
     project;
       $31,500,000 for the San Diego Mission Valley East light 
     rail project;
       $80,000,000 for the San Francisco BART extension to the 
     airport project;
       $12,250,000 for the San Jose Tasman West light rail 
     project;
       $75,000,000 for the San Juan Tren Urbano project;
       $1,500,000 for the Santa Fe-Eldorado, New Mexico, rail link 
     project;
       $50,000,000 for the Seattle, Washington, central link LRT 
     project;
       $4,000,000 for the Spokane, Washington, South Valley 
     corridor light rail project;
       $1,000,000 for the St. Louis, Missouri, MetroLink Cross 
     County connector project;
       $60,000,000 for the St. Louis-St. Clair MetroLink extension 
     project;
       $8,000,000 for the Stamford, Connecticut, fixed guideway 
     corridor;

[[Page 21131]]

       $6,000,000 for the Stockton, California, Altamont commuter 
     rail project;
       $5,000,000 for the Twin Cities Transitways projects;
       $50,000,000 for the Twin Cities Transitways--Hiawatha 
     corridor project;
       $3,000,000 for the Virginia Railway Express commuter rail 
     project;
       $7,500,000 for the Washington Metro-Blue Line extension-
     Addison Road (Largo) project;
       $2,000,000 for the West Trenton, New Jersey, rail project;
       $2,500,000 for the Whitehall and St. George ferry terminal 
     projects;
       $5,000,000 for the Wilmington, Delaware, downtown transit 
     corridor project; and
       $1,000,000 for the Wilsonville to Washington County, 
     Oregon, commuter rail project:

     Provided further, That any funds previously appropriated for 
     the Miami-Dade Transit east-west multimodal corridor project 
     and the Miami Metro-Dade North 27th Avenue corridor project 
     remaining unobligated as of or deobligated after September 
     30, 2000, are to be made available for the South Miami-Dade 
     Busway Extension project: Provided further, That funds made 
     available under the heading ``Capital investment grants'' in 
     Division A, Section 101(g) of Public Law 105-277 for the 
     ``Colorado-North Front Range corridor feasibility study'' are 
     to be made available for ``Colorado-Eagle Airport to Avon 
     light rail system feasibility study''; and that funds made 
     available in Public Law 106-69 under ``Capital investment 
     grants'' for buses and bus-related facilities that were 
     designated for projects numbered 14 and 20 shall be made 
     available to the State of Alabama for buses and bus-related 
     facilities.

                          Discretionary Grants


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     previous obligations incurred in carrying out 49 U.S.C. 
     5338(b), $350,000,000, to remain available until expended and 
     to be derived from the Mass Transit Account of the Highway 
     Trust Fund.

                 Job Access and Reverse Commute Grants

       Notwithstanding section 3037(l)(3) of Public Law 105-178, 
     as amended, for necessary expenses to carry out section 3037 
     of the Federal Transit Act of 1998, $20,000,000, to remain 
     available until expended: Provided, That no more than 
     $100,000,000 of budget authority shall be available for these 
     purposes: Provided further, That up to $250,000 of the funds 
     provided under this heading may be used by the Federal 
     Transit Administration for technical assistance and support 
     and performance reviews of the Job Access and Reverse Commute 
     Grants program.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.

                       Operations and Maintenance


                    (harbor maintenance trust fund)

       For necessary expenses for operations and maintenance of 
     those portions of the Saint Lawrence Seaway operated and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $13,004,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       For expenses necessary to discharge the functions of the 
     Research and Special Programs Administration, $36,373,000, of 
     which $645,000 shall be derived from the Pipeline Safety 
     Fund, and of which $4,707,000 shall remain available until 
     September 30, 2003: Provided, That up to $1,200,000 in fees 
     collected under 49 U.S.C. 5108(g) shall be deposited in the 
     general fund of the Treasury as offsetting receipts: Provided 
     further, That there may be credited to this appropriation, to 
     be available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training, for 
     reports publication and dissemination, and for travel 
     expenses incurred in performance of hazardous materials 
     exemptions and approvals functions.

                            Pipeline Safety


                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $47,044,000, of which $7,488,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2003; of which 
     $36,556,000 shall be derived from the Pipeline Safety Fund, 
     of which $23,837,000 shall remain available until September 
     30, 2003; and of which $3,000,000 shall be derived from 
     amounts previously collected under 49 U.S.C. 60301: Provided, 
     That amounts previously collected under 49 U.S.C. 60301 shall 
     be available for damage prevention grants to States.

                     Emergency Preparedness Grants


                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5127(c), 
     $200,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2003: Provided, That 
     not more than $14,300,000 shall be made available for 
     obligation in fiscal year 2001 from amounts made available by 
     49 U.S.C. 5116(i) and 5127(d): Provided further, That none of 
     the funds made available by 49 U.S.C. 5116(i) and 5127(d) 
     shall be made available for obligation by individuals other 
     than the Secretary of Transportation, or his designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $48,450,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3) to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $17,954,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $900,000 from fees established by the Chairman 
     of the Surface Transportation Board shall be credited to this 
     appropriation as offsetting collections and used for 
     necessary and authorized expenses under this heading: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced on a dollar-for-dollar basis as 
     such offsetting collections are received during fiscal year 
     2001, to result in a final appropriation from the general 
     fund estimated at no more than $17,054,000.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $4,795,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $62,942,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses.

                     TITLE III--GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 301. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 302. Such sums as may be necessary for fiscal year 
     2001 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 303. Hereafter, funds appropriated under this or any 
     other Act for expenditures by the Federal Aviation 
     Administration shall be available: (1) except as otherwise 
     authorized by title VIII of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses 
     of primary and secondary schooling for dependents of Federal 
     Aviation Administration personnel stationed outside the 
     continental United States at costs for any given area not in 
     excess of those of the Department of Defense for the same 
     area, when it is determined by the Secretary that the 
     schools, if any, available in the locality are unable to 
     provide adequately for the education of such dependents; and 
     (2) for transportation of said dependents between schools 
     serving the area that they attend and their places of 
     residence when the Secretary, under such regulations as may 
     be prescribed, determines that such schools are not 
     accessible by public means of transportation on a regular 
     basis.

[[Page 21132]]

       Sec. 304. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 305. None of the funds in this Act shall be available 
     for salaries and expenses of more than 104 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision or political and Presidential appointees in an 
     independent agency funded in this Act may be assigned on 
     temporary detail outside the Department of Transportation or 
     such independent agency.
       Sec. 306. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 307. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 308. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 309. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provide in 18 U.S.C. 2721 for 
     a use permitted under 18 U.S.C. 2721.
       (b) 18 U.S.C. 2725 is amended by:
       In paragraph (2) striking the word ``and''; and inserting 
     after paragraph 3:
       ``(4) `highly restricted personal information' means an 
     individual's photograph or image, social security number, 
     medical or disability information; and
       ``(5) `express consent' means consent in writing, including 
     consent conveyed electronically that bears an electronic 
     signature as defined in section 106(5) of Public Law 106-
     229.''
       (c) 18 U.S.C. 2721(a) is amended to read as follows:
       ``(a) In General.--A State department of motor vehicles, 
     and any officer, employee, or contractor thereof, shall not 
     knowingly disclose or otherwise make available to any person 
     or entity:
       ``(1) personal information, as defined in 18 U.S.C. 
     2725(3), about any individual obtained by the department in 
     connection with a motor vehicle record, except as provided in 
     subsection (b) of this section; or
       ``(2) highly restricted personal information, as defined in 
     18 U.S.C. 2725(4), about any individual obtained by the 
     department in connection with a motor vehicle record, without 
     the express consent of the person to whom such information 
     applies, except uses permitted in subsections (b)(1), (b)(4), 
     (b)(6), and (b)(9): Provided, That subsection (a)(2) shall 
     not in any way affect the use of organ donation information 
     on an individual's driver's license or affect the 
     administration of organ donation initiatives in the States.''
       (d) 18 U.S.C. 2721(b) is amended by inserting before ``may 
     be disclosed''  ``, subject to subsection (a)(2),''.
       (e) 18 U.S.C. 2721 is amended by inserting after subsection 
     (d):
       ``(e) Prohibition on Conditions.--No State may condition or 
     burden in any way the issuance of an individual's motor 
     vehicle record as defined in 18 U.S.C. 2725(1) to obtain 
     express consent. Nothing in this paragraph shall be construed 
     to prohibit a State from charging an administrative fee for 
     issuance of a motor vehicle record.''
       (f) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 310. (a) For fiscal year 2001, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid Highways amounts authorized for administrative 
     expenses and programs funded from the administrative takedown 
     authorized by section 104(a) of title 23, United States Code, 
     and paragraph (7) of this section, for the highway use tax 
     evasion program, and amounts provided under section 110 of 
     title 23, United States Code, excluding $128,752,000 pursuant 
     to subsection (e) of section 110 of title 23, as amended, and 
     for the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid Highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for the previous fiscal 
     year the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid Highways less 
     the aggregate of amounts not distributed under paragraphs (1) 
     and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation limitation for Federal-aid 
     Highways less the aggregate amounts not distributed under 
     paragraphs (1) and (2) of section 117 of title 23, United 
     States Code (relating to high priority projects program), 
     section 201 of the Appalachian Regional Development Act of 
     1965, the Woodrow Wilson Memorial Bridge Authority Act of 
     1995, and $2,000,000,000 for such fiscal year under section 
     105 of title 23, United States Code (relating to minimum 
     guarantee) so that the amount of obligation authority 
     available for each of such sections is equal to the amount 
     determined by multiplying the ratio determined under 
     paragraph (3) by the sums authorized to be appropriated for 
     such section (except in the case of section 105, 
     $2,000,000,000) for such fiscal year;
       (5) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4) for each of the programs that 
     are allocated by the Secretary under title 23, United States 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by multiplying 
     the ratio determined under paragraph (3) by the sums 
     authorized to be appropriated for such program for such 
     fiscal year;
       (6) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5) for Federal-aid 
     highways and highway safety construction programs (other than 
     the minimum guarantee program, but only to the extent that 
     amounts apportioned for the minimum guarantee program for 
     such fiscal year exceed $2,639,000,000, and the Appalachian 
     development highway system program) that are apportioned by 
     the Secretary under title 23, United States Code, in the 
     ratio that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year; and
       (7) Notwithstanding any other provision of law, after 
     determining the amount of funds to be allocated to the 
     surface transportation program, to the bridge program, to the 
     congestion mitigation and air quality improvement program, 
     and to the Interstate and National Highway System program, 
     under section 110 of title 23, United States Code, deduct a 
     sum, in an amount not to exceed 1\1/6\ percent of the sum 
     made available to each program, to administer the provisions 
     of law to be financed from appropriations for the Federal-aid 
     highways program.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid Highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under sections 131(b) and 131( 
     j) of the Surface Transportation Assistance Act of 1982; (5) 
     under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987; 
     (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991; (7) under 
     section 157 of title 23, United States Code, as in effect on 
     the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; and (8) under 
     section 105 of title 23, United States Code (but, only in an 
     amount equal to $639,000,000 for such fiscal year).
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall after 
     August 1 for such fiscal year revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     a State will not obligate the amount distributed during that 
     fiscal year and redistribute sufficient amounts to those 
     States able to obligate amounts in addition to those 
     previously distributed during that fiscal year giving 
     priority to those States having large unobligated balances of 
     funds apportioned under sections 104 and 144 of title 23, 
     United States Code, section 160 (as in effect on the day 
     before the enactment of the Transportation Equity Act for the 
     21st Century) of title 23, United States Code, and under 
     section 1015 of the Intermodal Surface Transportation Act of 
     1991 (105 Stat. 1943-1945).
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, except that 
     obligation authority made available for such programs under 
     such limitation shall remain available for a period of 3 
     fiscal years.
       (e) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     limitation under subsection (a), the Secretary shall 
     distribute to the States any funds: (1) that are authorized 
     to be appropriated for such fiscal year for Federal-aid 
     highways programs (other than the program under section 160 
     of title 23, United States Code) and for carrying out 
     subchapter I of chapter 311 of title 49, United States Code, 
     and highway-related programs under chapter 4 of title 23, 
     United States Code; and (2) that the Secretary determines 
     will not be allocated to the States,

[[Page 21133]]

     and will not be available for obligation, in such fiscal year 
     due to the imposition of any obligation limitation for such 
     fiscal year. Such distribution to the States shall be made in 
     the same ratio as the distribution of obligation authority 
     under subsection (a)(6). The funds so distributed shall be 
     available for any purposes described in section 133(b) of 
     title 23, United States Code.
       (f) Special Rule.--Obligation limitation distributed for a 
     fiscal year under subsection (a)(4) of this section for a 
     section set forth in subsection (a)(4) shall remain available 
     until used and shall be in addition to the amount of any 
     limitation imposed on obligations for Federal-aid highway and 
     highway safety construction programs for future fiscal years.
       Sec. 311. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 312. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 313. None of the funds in this Act shall be available 
     to plan, finalize, or implement regulations that would 
     establish a vessel traffic safety fairway less than five 
     miles wide between the Santa Barbara Traffic Separation 
     Scheme and the San Francisco Traffic Separation Scheme.
       Sec. 314. Notwithstanding any other provision of law, 
     airports may transfer, without consideration, to the Federal 
     Aviation Administration (FAA) instrument landing systems 
     (along with associated approach lighting equipment and runway 
     visual range equipment) which conform to FAA design and 
     performance specifications, the purchase of which was 
     assisted by a Federal airport-aid program, airport 
     development aid program or airport improvement program grant. 
     The Federal Aviation Administration shall accept such 
     equipment, which shall thereafter be operated and maintained 
     by FAA in accordance with agency criteria.
       Sec. 315. None of the funds in this Act shall be available 
     to award a multiyear contract for production end items that: 
     (1) includes economic order quantity or long lead time 
     material procurement in excess of $10,000,000 in any 1 year 
     of the contract; (2) includes a cancellation charge greater 
     than $10,000,000 which at the time of obligation has not been 
     appropriated to the limits of the Government's liability; or 
     (3) includes a requirement that permits performance under the 
     contract during the second and subsequent years of the 
     contract without conditioning such performance upon the 
     appropriation of funds: Provided, That this limitation does 
     not apply to a contract in which the Federal Government 
     incurs no financial liability from not buying additional 
     systems, subsystems, or components beyond the basic contract 
     requirements.
       Sec. 316. Notwithstanding any other provision of law, and 
     except for fixed guideway modernization projects, funds made 
     available by this Act under ``Federal Transit Administration, 
     Capital investment grants'' for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2003, and other recoveries, shall 
     be made available for other projects under 49 U.S.C. 5309.
       Sec. 317. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2000, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 318. None of the funds in this Act may be used to 
     compensate in excess of 335 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2001.
       Sec. 319. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Transit Planning and Research'' account, 
     and to the Federal Railroad Administration's ``Safety and 
     Operations'' account, except for State rail safety inspectors 
     participating in training pursuant to 49 U.S.C. 20105.
       Sec. 320. None of the funds in this Act shall be available 
     to prepare, propose, or promulgate any regulations pursuant 
     to title V of the Motor Vehicle Information and Cost Savings 
     Act (49 U.S.C. 32901 et seq.) prescribing corporate average 
     fuel economy standards for automobiles, as defined in such 
     title, in any model year that differs from standards 
     promulgated for such automobiles prior to the enactment of 
     this section.
       Sec. 321. Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities: 
     Provided, That not more than $3,000,000 of the funds made 
     available to Hawaii pursuant to 49 U.S.C. 5309(c)(2)(B) may 
     be used by the State of Hawaii to initiate and operate a 
     passenger ferryboat services demonstration project to test 
     the viability of different intra-island and inter-island 
     ferry routes.
       Sec. 322. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 323. None of the funds in this Act may be obligated or 
     expended for employee training which: (a) does not meet 
     identified needs for knowledge, skills and abilities bearing 
     directly upon the performance of official duties; (b) 
     contains elements likely to induce high levels of emotional 
     response or psychological stress in some participants; (c) 
     does not require prior employee notification of the content 
     and methods to be used in the training and written end of 
     course evaluations; (d) contains any methods or content 
     associated with religious or quasi-religious belief systems 
     or ``new age'' belief systems as defined in Equal Employment 
     Opportunity Commission Notice N-915.022, dated September 2, 
     1988; (e) is offensive to, or designed to change, 
     participants' personal values or lifestyle outside the 
     workplace; or (f) includes content related to human 
     immunodeficiency virus/acquired immune deficiency syndrome 
     (HIV/AIDS) other than that necessary to make employees more 
     aware of the medical ramifications of HIV/AIDS and the 
     workplace rights of HIV-positive employees.
       Sec. 324. None of the funds in this Act shall, in the 
     absence of express authorization by Congress, be used 
     directly or indirectly to pay for any personal service, 
     advertisement, telegraph, telephone, letter, printed or 
     written material, radio, television, video presentation, 
     electronic communications, or other device, intended or 
     designed to influence in any manner a Member of Congress or 
     of a State legislature to favor or oppose by vote or 
     otherwise, any legislation or appropriation by Congress or a 
     State legislature after the introduction of any bill or 
     resolution in Congress proposing such legislation or 
     appropriation, or after the introduction of any bill or 
     resolution in a State legislature proposing such legislation 
     or appropriation: Provided, That this shall not prevent 
     officers or employees of the Department of Transportation or 
     related agencies funded in this Act from communicating to 
     Members of Congress or to Congress, on the request of any 
     Member, or to members of State legislature, or to a State 
     legislature, through the proper official channels, requests 
     for legislation or appropriations which they deem necessary 
     for the efficient conduct of business.
       Sec. 325. (a) In General.--None of the funds made available 
     in this Act may be expended by an entity unless the entity 
     agrees that in expending the funds the entity will comply 
     with the Buy American Act (41 U.S.C. 10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 326. In addition to the funds limited in this Act, 
     $54,963,000, to be derived from the Highway Trust Fund (other 
     than the Mass Transit Account), shall be available for 
     section 1069(y) of Public Law 102-240.
       Sec. 327. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department from travel 
     management centers, charge card programs, the subleasing of 
     building space, and miscellaneous sources are to be credited 
     to appropriations of the Department and allocated to elements 
     of the Department using fair and equitable criteria and such 
     funds shall be available until December 31, 2001.
       Sec. 328. Notwithstanding any other provision of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 329. For necessary expenses of the Amtrak Reform 
     Council authorized under section 203 of Public Law 105-134, 
     $750,000, to remain available until September 30, 2002: 
     Provided, That the duties of the Amtrak Reform Council 
     described in section 203(g)(1) of Public Law 105-134 shall 
     include the identification of Amtrak routes which are 
     candidates for closure or realignment, based on performance 
     rankings developed by Amtrak which incorporate information on 
     each route's fully allocated costs and ridership on core 
     intercity passenger service,

[[Page 21134]]

     and which assume, for purposes of closure or realignment 
     candidate identification, that Federal subsidies for Amtrak 
     will decline over the 4-year period from fiscal year 1999 to 
     fiscal year 2002: Provided further, That these closure or 
     realignment recommendations shall be included in the Amtrak 
     Reform Council's annual report to the Congress required by 
     section 203(h) of Public Law 105-134.
       Sec. 330. Item number 1473 in the table contained in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 311) is amended by striking ``Stony'' and 
     inserting ``Commerce''.
       Sec. 331. None of the funds in this Act may be used to make 
     a grant unless the Secretary of Transportation notifies the 
     House and Senate Committees on Appropriations not less than 
     three full business days before any discretionary grant 
     award, letter of intent, or full funding grant agreement 
     totaling $1,000,000 or more is announced by the department or 
     its modal administrations from: (1) any discretionary grant 
     program of the Federal Highway Administration other than the 
     emergency relief program; (2) the airport improvement program 
     of the Federal Aviation Administration; or (3) any program of 
     the Federal Transit Administration other than the formula 
     grants and fixed guideway modernization programs: Provided, 
     That no notification shall involve funds that are not 
     available for obligation.
       Sec. 332. Of the funds provided for fiscal year 2001 in 
     section 232 of the Miscellaneous Appropriations Act, 2000, as 
     enacted by section 1000(a)(5) of the Consolidated 
     Appropriations Act, 2000, $20,000,000 shall be available only 
     for fire and life safety improvements to enable the James A. 
     Farley Post Office in New York City to be used as a train 
     station and commercial center.
       Sec. 333. None of the funds in this Act shall be available 
     for planning, design, or construction of a light rail system 
     in Houston, Texas.
       Sec. 334. Section 3030(b) of the Transportation Equity Act 
     for the 21st Century (Public Law 105-178) is amended by 
     adding at the end the following:
       ``(72) Wilmington Downtown transit corridor.
       ``(73) Honolulu Bus Rapid Transit project.''.
       Sec. 335. None of the funds appropriated or made available 
     by this Act or any other Act shall be used (1) to adopt any 
     proposed rule or proposed amendment to a rule contained in 
     the Notice of Proposed Rulemaking issued on April 24, 2000 
     (Docket No. FMCSA-97-2350-953), (2) to adopt any rule or 
     amendment to a rule similar in substance to a proposed rule 
     or proposed amendment to a rule contained in such Notice, or 
     (3) if any such proposed rule or proposed amendment to a rule 
     has been adopted prior to enactment of this section, to 
     enforce such rule or amendment to a rule: Provided, That 
     nothing in this section shall apply to issuing and 
     proceeding, through all stages of rulemaking other than 
     adoption of a final rule, under subchapter II of chapter 5 of 
     title 5, United States Code on a supplemental notice of 
     proposed rulemaking to be issued in Docket No. FMCSA-97-2350-
     953 that contains proposed rules and proposed amendments to 
     rules that take appropriate account of the information 
     received for filing in the docket on the Notice of Proposed 
     Rulemaking (Docket No. FMCSA-97-2350-953).
       Sec. 336. Section 3038(e) of Public Law 105-178 is amended 
     by striking ``50'' and inserting ``90''.
       Sec. 337. Item number 273 in the table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (Public Law 105-178) is amended by striking ``Reconstruct I-
     235 and improve the interchange for access to the MLKing 
     Parkway.'' and inserting ``Construction of the north-south 
     segments of the Martin Luther King Jr. Parkway in Des 
     Moines.''.
       Sec. 338. Item number 328 in the table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (Public Law 105-178) is amended by inserting before ``of'' 
     the following: ``or construction''.
       Sec. 339. Section 1602 of the Transportation Equity Act for 
     the 21st Century (112 Stat. 256) is amended--
       (1) by striking item number 63, relating to Ohio; and
       (2) in item number 186, relating to Ohio, by striking 
     ``3.75'' and inserting ``7.5''.
       Sec. 340. (a) Of the funds apportioned to the Commonwealth 
     of Massachusetts under each of subsections (b)(1), (b)(2), 
     (b)(3), and (b)(4) of section 104 and section 105 of title 
     23, United States Code, the Secretary shall withhold 
     obligation of Federal funds and all project approvals for the 
     Central Artery/Tunnel project in fiscal year 2001 and each 
     fiscal year thereafter unless the Secretary of the Department 
     of Transportation determines that the Commonwealth meets each 
     of the following criteria:
       (1) The Commonwealth is in full compliance with the 
     partnership agreement that was executed on June 22, 2000, 
     between the Federal Highway Administration, the Massachusetts 
     Turnpike Authority, the Massachusetts Highway Department, and 
     the Massachusetts Executive Office of Transportation and 
     Construction.
       (2) The Commonwealth is in full compliance with the 
     balanced statewide program memorandum of understanding 
     entered into by the Massachusetts Highway Department, the 
     Executive Office of Transportation and Construction, and 
     metropolitan planning organizations in the Commonwealth of 
     Massachusetts.
       (3) The Commonwealth of Massachusetts shall spend no less 
     than $400,000,000 each year for construction activities and 
     specific transportation projects as defined in the Balanced 
     Statewide Program Memorandum of Understanding on projects 
     other than the Central Artery/Tunnel project.
       (b) After June 22, 2000, the Secretary of Transportation 
     shall not approve new net advance construction for the 
     Central Artery/Tunnel project in an amount greater than 
     $222,000,000 and no conversion of advance construction to 
     obligation authority shall cause the Federal share of funding 
     for the Central Artery/Tunnel project to exceed 
     $8,549,000,000.
       (c) Of the funds apportioned to the Commonwealth of 
     Massachusetts under each of subsections (b)(1), (b)(2), 
     (b)(3), and (b)(4) of section 104 and section 105 of title 
     23, United States Code, the Secretary shall withhold 
     obligation of Federal funds and all project approvals for the 
     Central Artery/Tunnel project in fiscal year 2001 and each 
     fiscal year thereafter until the Inspector General of the 
     Department of Transportation finds the annual update of the 
     Central Artery/Tunnel project finance plan consistent with 
     Federal Highway Administration financial plan guidance and 
     the Secretary of the Department of Transportation approves 
     the annual update of the finance plan, except for fiscal year 
     2001 when approval of the annual update of the finance plan 
     will not be required until December 1, 2000.
       (d) Total Federal contributions to the Central Artery/
     Tunnel project shall not exceed $8,549,000,000.
       (e) Should the Secretary withhold Federal funds apportioned 
     to the Commonwealth of Massachusetts under subsections 
     (b)(1), (b)(2), (b)(3), and (b)(4) of section 104 and section 
     105 of title 23, United States Code, for the Central Artery/
     Tunnel project in any fiscal year for noncompliance with this 
     section, such funds shall be available to the Commonwealth of 
     Massachusetts for projects other than the Central Artery/
     Tunnel project in that fiscal year.
       (f) This section shall be in effect for each fiscal year in 
     which any Federal funds are made available to construct the 
     Central Artery/Tunnel project in Boston, Massachusetts.
       (g) Notwithstanding the foregoing provisions of this 
     section to the contrary, the Secretary is authorized to 
     approve conversion of advance construction to obligation 
     authority and otherwise make Federal funds available to the 
     Commonwealth of Massachusetts without regard to the 
     requirement of the section, other than subsection (d), if and 
     only if to the extent necessary, as evidenced by a 
     certificate of the Secretary of Administration and Finance of 
     the Commonwealth of Massachusetts satisfactory to the 
     Secretary, to enable the Commonwealth of Massachusetts to pay 
     all or any portion of the principal amount of notes issued by 
     the Commonwealth of Massachusetts pursuant to section 9 
     through 10D of chapter 11 of the Massachusetts acts of 1997, 
     as amended, to finance costs of the Central Artery/Tunnel 
     project in anticipation of the receipts of Federal funds: 
     Provided, That no funds derived from the sale of grant 
     anticipation notes shall be used to exceed the caps described 
     in subsections (b) and (d).
       Sec. 341. Section 3027(c)(3) of the Transportation Equity 
     Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 
     2681-477), relating to services for elderly and persons with 
     disabilities, is amended by striking ``$1,000,000'' and 
     inserting ``$1,444,000''.
       Sec. 342. Notwithstanding any other provision of law, 
     unobligated balances from section 149(a)(45) and section 
     149(a)(63) of Public Law 100-17 and the Ebensburg Bypass 
     Demonstration Project of Public Law 101-164 may be used for 
     improvements along Route 56 in Cambria County, Pennsylvania, 
     including the construction of a parking facility in the 
     vicinity.
       Sec. 343. None of the funds in this Act shall be used for 
     the planning, development, or construction of California 
     State Route 710 freeway extension project through South 
     Pasadena, California.
       Sec. 344. None of the funds made available in this Act may 
     be used for engineering work related to an additional runway 
     at New Orleans International Airport.
       Sec. 345. Notwithstanding any other provision of law, up to 
     $800,000 of unobligated balances from capital investment 
     grants available for Fayette County, Pennsylvania intermodal 
     facilities and buses in the Department of Transportation and 
     Related Agencies Appropriations Act, 1999 (Public Law 105-
     277) and the Department of Transportation and Related 
     Agencies Appropriations Act, 2000 (Public Law 106-69) may be 
     made available for an intermodal parking facility in Cambria 
     County, Pennsylvania.
       Sec. 346. None of the funds appropriated by this Act shall 
     be used to propose or issue rules, regulations, decrees, or 
     orders for the purpose of implementation, or in preparation 
     for implementation, of the Kyoto Protocol which was adopted 
     on December 11, 1997, in Kyoto, Japan at the Third Conference 
     of the Parties to the United Nations Framework Convention on 
     Climate Change, which has not been submitted to the Senate 
     for advice and consent to ratification pursuant to article 
     II, section 2, clause 2, of the United States Constitution, 
     and which has not entered into force pursuant to article 25 
     of the Protocol.
       Sec. 347. None of the funds appropriated by this Act or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Department of Transportation 
     and Related Agencies that assumes revenues or reflects 
     reductions from the previous year due to user fee proposals 
     that have not been enacted into law prior to the submission 
     of the budget

[[Page 21135]]

     unless such budget submission identifies which additional 
     spending reductions should occur in the event the user fee 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2002 
     appropriations Act.
       Sec. 348. In addition to the authority provided in section 
     636 of the Treasury, Postal Service, and General Government 
     Appropriations Act, 1997, as included in Public Law 104-208, 
     title I, section 101(f), as amended, beginning in fiscal year 
     2001 and thereafter, amounts appropriated for salaries and 
     expenses for the Department of Transportation may be used to 
     reimburse an employee whose position is that of safety 
     inspector for not to exceed one-half the costs incurred by 
     such employee for professional liability insurance. Any 
     payment under this section shall be contingent upon the 
     submission of such information or documentation as the 
     Department may require.
       Sec. 349. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation or 
     weather reporting. The prohibition of funds in this section 
     does not apply to negotiations between the Agency and airport 
     sponsors to achieve agreement on ``below-market'' rates for 
     these items or to grant assurances that require airport 
     sponsors to provide land without cost to the FAA for air 
     traffic control facilities.
       Sec. 350. None of the funds provided in this Act or prior 
     Appropriations Acts for Coast Guard ``Acquisition, 
     construction, and improvements'' shall be available after the 
     fifteenth day of any quarter of any fiscal year beginning 
     after December 31, 2000, unless the Commandant of the Coast 
     Guard first submits a quarterly report to the House and 
     Senate Committees on Appropriations on all major Coast Guard 
     acquisition projects including projects executed for the 
     Coast Guard by the United States Navy and vessel traffic 
     service projects: Provided, That such reports shall include 
     an acquisition schedule, estimated current and year funding 
     requirements, and a schedule of anticipated obligations and 
     outlays for each major acquisition project: Provided further, 
     That such reports shall rate on a relative scale the cost 
     risk, schedule risk, and technical risk associated with each 
     acquisition project and include a table detailing unobligated 
     balances to date and anticipated unobligated balances at the 
     close of the fiscal year and the close of the following 
     fiscal year should the Administration's pending budget 
     request for the acquisition, construction, and improvements 
     account be fully funded: Provided further, That such reports 
     shall also provide abbreviated information on the status of 
     shore facility construction and renovation projects: Provided 
     further, That all information submitted in such reports shall 
     be current as of the last day of the preceding quarter.
       Sec. 351. Notwithstanding any other provision of law, 
     beginning in fiscal year 2004, the Secretary shall withhold 2 
     percent of the amount required to be apportioned for Federal-
     aid highways to any State under each of paragraphs (1), (3), 
     and (4) of section 104(b) of title 23, United States Code, if 
     a State has not enacted and is not enforcing a provision 
     described in section 163(a) of chapter 1 of title 23, United 
     States Code; in fiscal year 2005, the Secretary shall 
     withhold 4 percent of the amount required to be apportioned 
     for Federal-aid highways to any State under each of 
     paragraphs (1), (3), and (4) of section 104(b) of title 23, 
     United States Code, if a State has not enacted and is not 
     enforcing a provision described in section 163(a) of title 
     23, United States Code; in fiscal year 2006, the Secretary 
     shall withhold 6 percent of the amount required to be 
     apportioned for Federal-aid highways to any State under each 
     of paragraphs (1), (3), and (4) of section 104(b) of title 
     23, United States Code, if a State has not enacted and is not 
     enforcing a provision described in section 163(a) of title 
     23, United States Code; and beginning in fiscal year 2007 and 
     in each fiscal year thereafter, the Secretary shall withhold 
     8 percent of the amount required to be apportioned for 
     Federal-aid highways to any State under each of paragraphs 
     (1), (3), and (4) of section 104(b) of title 23, United 
     States Code, if a State has not enacted and is not enforcing 
     a provision described in section 163(a) of title 23, United 
     States Code. If within four years from the date that the 
     apportionment for any State is reduced in accordance with 
     this section the Secretary determines that such State has 
     enacted and is enforcing a provision described in section 
     163(a) of chapter 1 of title 23, United States Code, the 
     apportionment of such State shall be increased by an amount 
     equal to such reduction. If at the end of such four-year 
     period, any State has not enacted and is not enforcing a 
     provision described in section 163(a) of title 23, United 
     States Code, any amounts so withheld shall lapse.
       Sec. 352. (a) In General.--Notwithstanding any other 
     provision of law, including the Surplus Property Act of 1944 
     (58 Stat. 765, chapter 479; 50 U.S.C. App. 1622 et seq.), the 
     Secretary of Transportation (or the appropriate Federal 
     officer) may waive, without charge, any of the terms 
     contained in any deed of conveyance described in subsection 
     (b) that restrict the use of any land described in such a 
     deed that, as of the date of enactment of this Act, is not 
     being used for the operation of an airport or for air 
     traffic. A waiver made under the preceding sentence shall be 
     deemed to be consistent with the requirements of section 
     47153 of title 49, United States Code.
       (b) Deed of Conveyance.--A deed of conveyance referred to 
     in subsection (a) is a deed of conveyance issued by the 
     United States before the date of enactment of this Act for 
     the conveyance of lands to a public institution of higher 
     education in Oklahoma.
       (c) Use of Lands Subject to Waiver.--
       (1) In general.--Notwithstanding any other provision of 
     law, the lands subject to a waiver under subsection (a) shall 
     not be subject to any term, condition, reservation, or 
     restriction that would otherwise apply to that land as a 
     result of the conveyance of that land by the United States to 
     the institution of higher education.
       (2) Use of lands.--An institution of higher education that 
     is issued a waiver under subsection (a) may use revenues 
     derived from the use, operation, or disposal of that land 
     only for weather-related and educational purposes that 
     include benefits for aviation.
       (d) Grants.--
       (1) In general.--Notwithstanding any other provision of 
     law, if an institution of higher education that is subject to 
     a waiver under subsection (a) received financial assistance 
     in the form of a grant from the Federal Aviation 
     Administration or a predecessor agency before the date of 
     enactment of this Act, then the Secretary of Transportation 
     may waive the repayment of the outstanding amount of any 
     grant that the institution of higher education would 
     otherwise be required to pay.
       (2) Eligibility to receive subsequent grants.--Nothing in 
     paragraph (1) shall affect the eligibility of an institution 
     of higher education that is subject to that paragraph from 
     receiving grants from the Secretary of Transportation under 
     chapter 471 of title 49, United States Code, or under any 
     other provision of law relating to financial assistance 
     provided through the Federal Aviation Administration.
       Sec. 353. The table contained in section 1602 of the 
     Transportation Equity Act for the 21st Century is amended in 
     item 1006 (112 Stat. 294) by striking ``Extend NW 86th Street 
     from NW 70th Street'' and inserting ``Construct a road from 
     State Highway 141''.
       Sec. 354. For the purpose of constructing an underpass to 
     improve access and enhance highway/rail safety and economic 
     development along Star Landing Road in DeSoto County, 
     Mississippi, the State of Mississippi may use funds 
     previously allocated to it under the transportation 
     enhancements program, if available.
       Sec. 355. Section 1214 of Public Law 105-178, as amended, 
     is further amended by adding a new subsection to read as 
     follows:
       ``(s) Notwithstanding section 117 (c) of title 23, United 
     States Code, for project number 1646 in section 1602 of 
     Public Law 105-178, the non-Federal share of the project may 
     be funded by Federal funds from an agency or agencies not 
     part of the United States Department of Transportation.''.
       Sec. 356. Hereafter, the New Jersey Transit commuter rail 
     station to be located at the intersection of the Main/Bergen 
     line and the Northeast Corridor line in the State of New 
     Jersey shall be known and designated as the ``Frank R. 
     Lautenberg Station'': Provided, That the Secretary of 
     Transportation shall ensure that any and all applicable 
     reference in law, map, regulation, documentation, and all 
     appropriate signage shall make reference to the ``Frank R. 
     Lautenberg Station''.
       Sec. 357. None of the funds in this Act may be available 
     for the planning, development or construction of a multi-
     lane, limited access expressway at section 800, Pennsylvania 
     Route 202 in Bucks County, Pennsylvania.
       Sec. 358. Item 131 in the table under ``Federal Transit 
     Administration, Capital investment grants'' in Public Law 
     106-69 is amended by adding after ``buses'' the following: 
     ``, bus-related equipment and bus facilities''.
       Sec. 359. Each executive agency shall establish a policy 
     under which eligible employees of the agency may participate 
     in telecommuting to the maximum extent possible without 
     diminished employee performance. Not later than 6 months 
     after the date of the enactment of this Act, the Director of 
     the Office of Personnel Management shall provide that the 
     requirements of this section are applied to 25 percent of the 
     Federal workforce, and to an additional 25 percent of such 
     workforce each year thereafter.
       Sec. 360. Notwithstanding any other provision of law, new 
     fixed guideway system funds available for the Jackson, 
     Mississippi, Intermodal Corridor in the Department of 
     Transportation and Related Agencies Appropriations Act, 1998, 
     Public Law 105-66, may be made available for obligation 
     during this fiscal year for studies to evaluate and define 
     transportation alternatives for this project, including an 
     intermodal facility at Jackson International Airport, and for 
     related preliminary engineering, final design or 
     construction.
       Sec. 361. Notwithstanding any other provision of law, up to 
     $499,000 of the funds made available in item 760 of section 
     1602 of the Transportation Equity Act for the 21st Century 
     shall be available for corridor planning studies between 
     western Baldwin County and Mobile Municipal Airport.
       Sec. 362. Item number 78 in section 1107(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240) is amended by inserting ``Akron 
     Innerbelt (State Route 59) corridor, Broadway viaduct 
     replacement, and High Street viaduct replacement,'' after 
     ``extension,''.
       Sec. 363. Section 117(c) of title 23, United States Code, 
     is amended by inserting before the period at the end of the 
     following: ``; except that

[[Page 21136]]

     the Federal share on account of the project to be carried out 
     under item 1419 of the table contained in section 1602 of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     309), relating to reconstruction of a road and causeway in 
     Shiloh Military Park in Hardin County, Tennessee, shall be 
     100 percent of the total cost thereof''.
       Sec. 364. Section 30118 of title 49, United States Code, is 
     amended--
       (1) in subsections (a), (b)(1), and (c), by inserting ``, 
     original equipment,'' before ``or replacement equipment'' 
     each place it appears; and
       (2) in subsection (c)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (B) by striking ``A manufacturer'' and inserting the 
     following: ``(1) In general.--A manufacturer''; and
       (C) by adding at the end the following:
       ``(2) Duty of manufacturers.--For the purposes of paragraph 
     (1), a manufacturer of a motor vehicle, original equipment, 
     or replacement equipment shall have a duty to review and 
     consider information, including information received from any 
     foreign source, to learn whether the vehicle or equipment 
     contains a defect or does not comply with an applicable motor 
     vehicle safety standard.''.
       Sec. 365. Funds appropriated to the Federal Transit 
     Administration under the heading ``Transit planning and 
     research'' for international activities in Public Law 106-69 
     shall be transferred to and administered by the Agency for 
     International Development for transportation needs in the 
     frontline states to the Kosovo conflict, as determined to be 
     appropriate by the Administrator of the Agency for 
     International Development.
       Sec. 366. Under the heading ``Discretionary Grants'' in 
     Public Law 105-66, ``$4,000,000 for the Salt Lake City 
     regional commuter system project;'' is amended to read 
     ``$4,000,000 for the transit and other transportation-related 
     portions of the Salt Lake City regional commuter system and 
     Gateway intermodal terminal;''.
       Sec. 367. Of the amounts to be made available in fiscal 
     year 2001 under section 1404 (safety incentives to prevent 
     operation of motor vehicles by intoxicated persons) of Public 
     Law 105-178, $2,492,121 shall be made available to the 
     Commonwealth of Kentucky for adopting a 0.08 blood alcohol 
     content standard. Thereafter the remaining funds shall be 
     distributed by formula to the eligible states, including 
     Kentucky.
       Sec. 368. Notwithstanding any other provision of law, the 
     Secretary of Transportation shall waive repayment of any 
     Federal-aid highway funds expended by the City of Spokane, 
     Washington on the Lincoln Street Bridge Project.
       Sec. 369. Items 218 and 219 in the table under ``Federal 
     Transit Administration, Capital investment grants'' in 
     Division A, section 101(g) of Public Law 105-277 and items 
     222 and 223 in the table under ``Federal Transit 
     Administration, Capital investment grants'' in Public Law 
     106-69 are amended by inserting ``and bus and bus 
     facilities'' at the end of each item.
       Sec. 370. Item number 6 in the table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (Public Law 105-178) is amended by inserting after 
     ``Kaysville'', ``and within the amount provided, $2,000,000 
     for repair and reconstruction of the North Ogden Divide 
     Highway''.
       Sec. 371. Notwithstanding any other provision of law, 
     States may use funds provided in this Act under section 402 
     of title 23, United States Code, to produce and place highway 
     safety public service messages in television, radio, cinema, 
     and print media, and on the Internet in accordance with 
     guidance issued by the Secretary of Transportation. Any State 
     that uses funds for such public service messages shall submit 
     to the Secretary a report describing and assessing the 
     effectiveness of the messages.
       Sec. 372. Notwithstanding section 402 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1982 
     (49 U.S.C. 10903 nt), Mohall Railroad, Inc. may abandon track 
     from milepost 5.25 near Granville, North Dakota, to milepost 
     35.0 at Lansford, North Dakota, and the track so abandoned 
     shall not be counted against the 350 mile limitation 
     contained in that section.
       Sec. 373. Item number 163 in the table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (Public Law 105-178) is amended by inserting before the 
     numeral ``which includes the study, design, and construction 
     related to local street improvements needed to complement the 
     extension of Kapkowski Road''.
       Sec. 374. Item number 331 in the table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (112 Stat. 269) is amended by striking ``highway access'' and 
     inserting ``highway and freight rail access''.
       Sec. 375. For capital costs associated with track 
     relocation, track construction and rehabilitation, highway-
     rail separation construction activities including right-of-
     way acquisition and utility relocation, and signal 
     improvements in Muscle Shoals, Tuscumbia, and Sheffield, 
     Alabama, $5,000,000 to the Alabama Department of 
     Transportation, to remain available until expended: Provided, 
     That obligation of federal funds is contingent upon a match 
     of no less than 75 percent from non-federal sources.
       Sec. 376. For capital costs associated with track 
     acquisition and rehabilitation between Strasburg Junction and 
     Shenandoah Caverns, Virginia, $1,000,000 to Valley Trains and 
     Tours, to remain available until expended: Provided, That the 
     obligation of federal funds is contingent upon an agreement 
     with Norfolk Southern Corporation on track usage and 
     financial support by the Commonwealth of Virginia.
       Sec. 377. Item 1135 of the table contained in section 1602 
     of the Transportation Equity Act for the 21st Century (112 
     Stat. 298) is amended by striking ``Replace Barton Road/M 14 
     interchange, Ann Arbor'' and inserting ``Conduct a study of 
     all possible alternatives to the current M-14/Barton Drive 
     interchange in Ann Arbor, including relocation of M-14/U.S. 
     23 from Maple Road to Plymouth Road, mass transit options, 
     and other means of reducing commuter traffic and improving 
     highway safety''.
       Sec. 378. Notwithstanding any other provision of law, in 
     addition to amounts made available in this Act or any other 
     Act, the following sums shall be made available from the 
     Highway Trust Fund (other than the Mass Transit Account): 
     $50,000,000 for the intelligent transportation infrastructure 
     program as authorized by section 5117(b)(3) of Public Law 
     105-178; $8,500,000 for construction of, and improvements to, 
     17th Avenue and 23rd Avenue highway ramps in Denver, 
     Colorado; $1,000,000 for engineering, construction of, and 
     improvements to, the Cascade Gateway Border Project in 
     Whatcom County, Washington; $100,000,000 for construction of, 
     and improvements to, Corridor D on the Appalachian 
     development highway system in the State of West Virginia; 
     $1,500,000 for construction of, and improvements to, the 
     Alameda Corridor-East Gateway to American Trade corridor 
     project, California; $4,000,000 for construction of, and 
     improvements to, Avenue G viaduct and connector roads in 
     Council Bluffs, Iowa; $34,100,000 for design and construction 
     of the Birmingham, Alabama Northern Beltline; $13,500,000 for 
     construction of, and improvements to, US 231 from Bowling 
     Green to Scottsville, Kentucky; $150,000 for improvements to 
     the Broad Street and Wyckoff Road intersection, including 
     traffic light upgrades, in the Borough of Eatontown, New 
     Jersey; $12,000,000 for construction of road expansion and 
     improvements to, the Broad Street Parkway in Nashua, New 
     Hampshire; $10,000,000 to construct interchanges US 281 at FM 
     2812, FM 162, FM 490, SP 122, and SH 186 in Texas; 
     $12,500,000 to construct interchanges US 77 at Business 77 
     North, FM 3186, FM 490, SP 122, and SP 413 in Texas; 
     $30,000,000 for construction of, and improvements to, the 
     Cooper River Bridge in South Carolina; $100,000,000 for 
     construction of, and improvements to, Corridor X on the 
     Appalachian development highway system in the State of 
     Alabama; $4,000,000 for construction, including related 
     activities, of an interchange at County Highway J and US 10 
     and to upgrade a segment of US 10 to a four-lane highway in 
     Portage County, Wisconsin; $5,000,000 for construction, 
     including related activities, of the Craig Road overpass 
     between I-15 and Lossee Road in the City of North Las Vegas, 
     Nevada; $30,200,000 for construction of, and improvements to, 
     bridges and other projects on the Dalton Highway, Alaska; 
     $3,200,000 for improvements to Dayton Road in Ames, Iowa; 
     $15,000,000 for construction of, and improvements to, the 
     Detroit, Michigan Ambassador Bridge Gateway project; 
     $24,000,000 for construction of, and improvements to, FAST 
     Corridor in Washington; $10,000,000 for construction of, and 
     improvements to, the Fort Washington Way reconfiguration 
     project, Cincinnati, Ohio; $35,000,000 for construction of, 
     and improvement to, the Four Bears Bridge in North Dakota; 
     $50,000,000 for construction of, and improvements to, the 
     Glenn Highway/George Parks Highway interchange in Alaska; 
     $8,000,000 for preliminary design of the Interstate Route 69 
     Great River Bridge crossing the Mississippi at Bolivar 
     County, Mississippi; $8,000,000 for reconstruction of, and 
     other improvements to, Halls Mill Road in Freehold Township 
     and Monmouth County, New Jersey; $4,500,000 for construction 
     of, and improvements to, Hamakua-Hilo corridor road and 
     bridge projects, Hawaii; $35,000,000 for construction, 
     including related activities, of an extension of Highway 180 
     from the City of Mendota to I-5 in Fresno County, California; 
     $10,000,000 to upgrade Highway 36 in Marion County, Missouri, 
     to four-land divided highway; $9,750,000 for widening, 
     relocation of, and other improvements to South Carolina 
     Highway 5, including the removal and relocation of municipal 
     utilities, between Interstate 85 in Cherokee County, South 
     Carolina and Interstate 77 in York County, South Carolina; 
     $10,000,000 for upgrading Highway 60 in Shannon and Carter 
     counties, Missouri, to four-lane divided highway; $6,400,000 
     for Hoeven Valley corridor, Sioux City, road, intersection, 
     and rail crossing improvements, in Iowa; $20,000,000 for 
     environmental work, design, and construction of the Hoover 
     Dam bypass four-lane bridge; $13,500,000 for construction of, 
     and improvements to, I-15 between milepost 0 and milepost 16, 
     from the Utah border to Deep Creek, Idaho; $10,000,000 for 
     construction of, and improvements to, the I-15 Southbound 
     project, Nevada; $10,000,000 for construction of, and 
     improvements to, I-195 in Rhode Island; $6,400,000 for 
     municipality relocation costs for I-235 in Polk County, Iowa; 
     $12,000,000 for environmental work, preliminary survey and 
     design, and reconstruction of I-35 from Des Moines to Ankeny, 
     Iowa, $36,000,000 for construction, including related 
     activities, of the I-39/US 51/SH 29 corridor (Wausau 
     Beltline) in and around Wausau, Wisconsin; $94,000,000 for 
     construction of, and improvements to, I-49 in the State of 
     Arkansas; $18,400,000 for environmental work, preliminary 
     survey and design of I-69 in Tennessee;; $10,000,000 for 
     construction of, and improvements to, the I-80/US 395 
     interchange in

[[Page 21137]]

     Reno, Nevada; $2,800,000 for border crossing improvements on 
     I-87, in New York; $8,000,000 for construction of, and 
     improvements to, the I-95 to Transitway access project in 
     Stamford, Connecticut; $4,000,000 for construction of, and 
     improvements to, U.S. Department of Transportation structure 
     numbered 289-961-H at FAS Route 37 in Illinois; $250,000 for 
     improvements at the Rosedal Road and Provinceline Road 
     intersection in the Township of Princeton, New Jersey; 
     $1,200,000 for improvements to County Route 605 in Delaware 
     Township and West Amwell Township, Hunterdon County, New 
     Jersey; $2,500,000 for improvements to the Route 9 and Route 
     520 intersection in Marlboro Township, New Jersey; $5,000,000 
     for improvement to US 73 from State Avenue North to Marxen 
     Road in Wyandotte County, Kansas; $5,000,000 for installation 
     of sound barriers along the Route 309 Expressway between 
     Limekiln Pike and State Route 63 in Montgomery County, 
     Pennsylvania; $8,700,000 for construction, including related 
     activities, of a new interchange on I-435 at Donahoo Road in 
     Wyandotte County, Kansas; $15,000,000 for construction of, 
     and improvements to, the intersection at 27th Street and 
     Airport Road in Billings, Montana; $5,000,000 for 
     construction of, and improvements to, Kahuku Bridges, Hawaii; 
     $5,500,000 for construction of, and improvements to, the 
     Kansas Lane Connector Road alignment project in Monroe, 
     Louisiana; $4,000,000 for construction of, and improvements 
     to, Kekaha, Kauai access roads, Hawaii; $10,000,000 for 
     planning, environmental work, and preliminary engineering of 
     highway, pedestrian vehicular, and bicycle access to the John 
     F. Kennedy Center for the Performing Arts in the District of 
     Columbia; $2,500,000 for construction of, and improvement to, 
     Kihei Road, Hawaii; $10,000,000 for Lafayette Street access 
     improvements from the US 202 Dannehower Bridge to the 
     Pennsylvania Turnpike, including extension of Lafayette 
     Street to the Conshohocken Road, intersection improvements 
     and bridge, reconstruction in Norristown, Pennsylvania; 
     $12,400,000 for widening and overlay/guard rail work on SR 
     789 between Lander and Hudson, Wyoming; $500,000 for 
     reconstruction of Lewisville Road in Lawrence Township, New 
     Jersey; $3,200,000 for construction of, and improvements to, 
     the Martin Luther King, Jr. Bridge in Toledo, Ohio; 
     $9,300,000 for construction of, and improvements to, the 
     Midtown West intermodal ferry terminal, New York City, New 
     York; $5,000,000 for construction, including related 
     activities, of an extension of Mississippi Highway 44, 
     including a bridge over the Pearl River, in Lawrence County, 
     Mississippi; $13,000,000 for construction of, and 
     improvements to, the Missouri River pedestrian crossing in 
     Omaha, Nebraska; $5,000,000 for the NJCDC Training Facility 
     Project in Paterson, New Jersey; $16,000,000 for construction 
     of, and improvements to, North Shore Road in Swain County, 
     North Carolina; $3,500,000 for construction of, and 
     improvements to, the Norwich, Connecticut intermodal facility 
     project; $1,500,000 for construction of, and improvements to, 
     Padanaram and Little River Road bridge projects in Dartmouth, 
     Massachusetts; $11,000,000 for reconstruction activities on 
     the Potee Street Bridge in Baltimore, Maryland; $250,000 for 
     reconstruction of Institute Street, Lockwood Avenue, First 
     Street, Second Street, Third Street, Ford Avenue, Liberty 
     Street, and Bond Street in the Borough of Freehold, New 
     Jersey; $4,200,000 for relocation and related construction 
     activities thereto of MacArthur Boulevard in Oklahoma City, 
     Oklahoma; $1,200,000 for grade crossing eliminations along 
     Route 17 in Chemung County, New York; $4,000,000 for 
     construction of, and improvements to, Route 2 between St. 
     Johnsbury, Vermont and the New Hampshire State Line; $500,000 
     for improvements to Route 35 at Clinton Avenue and other 
     intersections in the Borough of Eatontown, Mew Jersey; 
     $500,000 for Route 35 corridor improvements, including signal 
     upgrades, in the Borough of Eatontown, New Jersey; $2,600,000 
     for construction of, and improvements to, the Niangua Bridge 
     on Route 5 in Camden County, Missouri; $1,000,000 for 
     improvements to Route 641 in Hunterdon County, New Jersey; 
     $25,000,000 for construction, including related activities, 
     of the Route 7 North bypass in Brookfield, Connecticut; 
     $6,000,000 for construction of, and improvements to, the 
     Route 9 Bennington Bypass, Vermont; $5,000,000 for 
     construction of, and improvements to, Saddle Road, Hawaii; 
     $1,200,000 for reconstruction of School Road East in Marlboro 
     Township, New Jersey; $29,000,000 for construction of, and 
     improvements to, a Southeast Connector Route between I-90 and 
     SD 79 in South Dakota; $5,000,000 for improvements, including 
     traffic signal system upgrades, to State Route 99 in 
     Shoreline, Washington; $500,000 for the Township of 
     Princeton, New Jersey municipal complex road improvements, 
     including improvements to the Valley, Mount Lucas, Terhune 
     and Cherry Hill roadways in the Township of Princeton, New 
     Jersey; $23,600,000 for construction of, and improvements to, 
     US 12 between Aberdeen and I-29 in South Dakota; $40,000,000 
     for construction of, and improvements to, US 19 in Pinellas 
     County, Florida; $25,000,000 for construction of, and 
     improvements to, US 50 Parkersburg bypass in West Virginia; 
     $10,000,000 for construction of, and improvements to, US 63 
     in Jonesboro, Arkansas; $5,000,000 for construction of, and 
     improvements to, US 101 in Oregon; $4,000,000 for 
     construction of, and improvements to, US 54 in Kansas; 
     $100,000,000 for construction of, and improvements to, the US 
     82 bridge over the Mississippi River at Greenville, 
     Mississippi; $10,000,000 for construction of, and 
     improvements to, including widening, of US 95 between 
     Laughlin Cutoff and Railroad Pass, Nevada; $1,000,000 for 
     improvements to the Van Wyck Expressway, Queens County, New 
     York; and $20,000,000 for widening US 53 from two lanes to 
     four lanes from Minnesota Highway 169 north of Virginia, 
     Minnesota to Cook, Minnesota; Provided, That the amounts 
     appropriated in this section shall remain available until 
     expended and shall not be subject to, or computed against, 
     any obligation limitation or contract authority set forth in 
     this Act or any other Act.
       Sec. 379. (a) Section 412(a) of the Woodrow Wilson Memorial 
     Bridge Authority Act of 1995 (109 Stat. 627; 112 Stat. 159) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``There is'' and inserting the following:
       ``(A) Highway trust fund.--There is''; and
       (B) by adding at the end the following:
       ``(B) General fund.--
       ``(i) In general.--In addition to amounts made available 
     under subparagraph (A), there is appropriated to pay the 
     costs described in subparagraph (A) $600,000,000 for fiscal 
     year 2001.
       ``(ii) Condition.--Notwithstanding any other provision of 
     law, the additional funds made available by clause (i) shall 
     be made available only when 1 or more of the Capital Region 
     jurisdictions accepts conveyance from the Secretary of all 
     right, title, and interest of the United States in and to the 
     new Bridge.
       ``(iii) Manner of use.--The use of the additional funds 
     made available by clause (i) shall be subject to title 23, 
     United States Code.'';
       (2) in paragraph (2)--
       (A) by striking ``Funds'' and inserting ``Except as 
     provided in paragraph (3), funds''; and
       (B) by striking ``this section'' and inserting ``paragraph 
     (1)(A)''; and
       (3) by striking ``Code; except that--'' and inserting the 
     following: ``Code.
       ``(3) Conditions.--With respect to funds authorized or 
     appropriated by this section--''.
       (b) Section 412 of the Woodrow Wilson Memorial Bridge 
     Authority Act of 1995 (109 Stat. 627; 112 Stat. 159) is 
     amended by adding at the end the following:
       ``(d) Limitation on Federal Contribution.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     aggregate of the amounts made available from the Highway 
     Trust Fund and the general fund of the Treasury under this 
     section shall not exceed $1,500,000,000.
       ``(2) Excluded amounts.--Amounts made available for the 
     Project under section 110 of title 23, United States Code, 
     shall be excluded from the limitation established by 
     paragraph (1).''.
       Sec. 380. Section 5309(g)(4) of title 49 United States Code 
     is amended by inserting ``(A)'' after ``(4)'' and by adding 
     at the end the following:
       ``(B) For fiscal year 2001 and thereafter, the amount 
     equivalent to the last 2 fiscal years of funding authorized 
     under section 5338(b) for new fixed guideway systems and 
     extensions to existing fixed guideway systems referred to in 
     subparagraph (A) shall be the amount equivalent to the last 3 
     fiscal years of such authorized funding.
       ``(C) Any increase in the total estimated amount of future 
     obligations of the Government and contingent commitments to 
     incur obligations covered by all outstanding letters of 
     intent, full funding grant agreements, and early systems work 
     agreements as a result of application of subparagraph (B) 
     instead of subparagraph (A) shall be available as follows:
       ``(1) $269,100,000 for the Chicago, Illinois Metra commuter 
     rail project, that consists of the following elements: the 
     Kane County extension; the North Central double-tracking 
     project; and the Southwest corridor extension.
       ``(2) $565,600,000 for the Chicago Transit Authority 
     project that consists of the following elements: Ravenswood 
     Branch station and line improvements and the Douglas Branch 
     reconstruction project.
       ``(3) For new fixed guideways and extensions to existing 
     fixed guideway systems other than for projects referred to in 
     paragraphs (1) and (2); except that for fiscal year 2001, 
     such increase under this paragraph shall not be available for 
     allocation by the department or for making future obligations 
     of the Government and contingent commitments until April 1, 
     2001.
       ``(D) Of the amount that would be available under 
     subparagraph (A) if subparagraph (B) were not in effect and 
     would have otherwise been allocated by the Federal Transit 
     Administration to those projects referred to in subparagraphs 
     (C)(1) and (C)(2) shall be available as follows:
       ``(1) $60,000,000 for the Minneapolis Hiawatha corridor 
     light rail project, which shall be in addition to amounts 
     otherwise allocated under subparagraph (A), for a total of 
     $334,300,000.
       ``(2) $217,800,000 for the Dulles corridor bus rapid 
     transit project, that consists of a light rail extension from 
     the West Falls Church metrorail station to Tysons Corner, 
     Virginia and bus rapid transit from Tysons Corner to the 
     Dulles International Airport.
       ``(E) Any amount that would be available under subparagraph 
     (A) if subparagraph (B) were not in effect and would have 
     otherwise been allocated by the Federal Transit 
     Administration to those projects referred to in subparagraphs 
     (C)(1) and (C)(2), shall not be available for allocation by 
     the department or for making future obligations of the 
     Government and contingent commitments until April 1, 2001, 
     except for those projects referred to in subparagraph (D)(1) 
     and (D)(2).

[[Page 21138]]

       ``(F) Future obligations of the Government and contingent 
     commitments made against the contingent commitment authority 
     under section 3032(g)(2) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 for the San Francisco 
     BART to the Airport project for fiscal years 2002, 2003, 
     2004, 2005 and 2006 shall be charged against section 
     3032(g)(2) of the Intermodal Surface Transportation 
     Efficiency Act of 1991.
       ``(G) Any amount that would be available under subparagraph 
     (A) if subparagraph (F) were not in effect and would 
     otherwise have been allocated by the Federal Transit 
     Administration to the project in subparagraph (F) shall not 
     be available for allocation by the department or for making 
     future obligations of the Government and contingent 
     commitments until April 1, 2001.''.
       Sec. 381. Notwithstanding any other provision of law, 
     within one week from the date of enactment of this Act, the 
     Federal Transit Administrator shall sign a Full Funding Grant 
     Agreement for the MOS-2 segment of the New Jersey Urban 
     Core--Hudson Bergen project.
       Sec. 382. None of the funds appropriated in this or any 
     other Act may be used to adjust the boundary of the Point 
     Retreat Light Station or to otherwise limit the property at 
     the Point Retreat Light Station currently under lease to the 
     Alaska Lighthouse Association: Provided, That any 
     modifications to the boundary of the Point Retreat Light 
     Station made after January 1, 1998 is hereby declared null 
     and void.

                                TITLE IV

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

       For deposit of an additional amount into the account 
     established under section 3113(d) of title 31, United States 
     Code, to reduce the public debt, $5,000,000,000.

                                TITLE V

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         Salaries and Expenses

       For an additional amount in support of the Nation's 
     counterterrorism efforts, $6,424,000: Provided, That these 
     funds shall be for establishing a new interagency National 
     Terrorist Asset Tracking Center in the Office of Foreign 
     Assets Control: Provided further, That these funds may be 
     used to reimburse any Department of the Treasury organization 
     for costs of providing support for this effort.

        Department-Wide Systems and Capital Investments Programs


                     (Including Transfer of Funds)

       For an additional amount for the integrated Treasury 
     wireless network, $15,000,000, to remain available until 
     expended: Provided, That these funds shall be transferred to 
     accounts and in amounts as necessary to satisfy the 
     requirements of the Department's offices, bureaus, and other 
     organizations: Provided further, That this transfer authority 
     shall be in addition to any other transfer authority 
     provided: Provided further, That none of the funds 
     appropriated shall be used to support or supplement the 
     Internal Revenue Service appropriations for Information 
     Systems.

                 Expanded Access to Financial Services


                     (Including Transfer of Funds)

       For an additional amount to develop and implement programs 
     to expand access to financial services for low- and moderate-
     income individuals, $8,000,000, to remain available until 
     expended: Provided, That of these funds, such sums as may be 
     necessary may be transferred to accounts of the Department's 
     offices, bureaus, and other organizations: Provided further, 
     That this transfer authority shall be in addition to any 
     other transfer authority provided.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For an additional amount to establish and operate a 
     metropolitan area law enforcement training center for the 
     Department of the Treasury, other Federal agencies, the 
     United States Capitol Police, and the Washington, D.C., 
     Metropolitan Police Department, $5,000,000: Provided, That 
     the principal function of the center shall be for firearms 
     and vehicle operation requalification: Provided further, That 
     use of the center for training for other state and local law 
     enforcement agencies may be provided on a space-available 
     basis: Provided further, That the Federal Law Enforcement 
     Training Center is authorized to obligate funds in 
     anticipation of reimbursement from agencies receiving 
     training sponsored by the Federal Law Enforcement Training 
     Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year: Provided further, 
     That the costs of transportation to and from the center, 
     ammunition, vehicles, and instruction at the center shall be 
     funded either directly by participating law enforcement 
     agencies, or through reimbursement of actual costs to this 
     appropriation: Provided further, That of the funds provided, 
     no more than $1,500,000 may be obligated until a funding plan 
     for the center has been submitted to the Committees on 
     Appropriations: Provided further, That all Federal property 
     in the National Capital Region that is in the surplus 
     property inventory of the General Services Administration 
     shall be available for selection and use by the Secretary of 
     the Treasury as the site of such a metropolitan area law 
     enforcement training center. If the Secretary of the Treasury 
     identifies a parcel of such property that is appropriate for 
     use for such a center, the property shall not be treated as 
     excess property or surplus property (as those terms are used 
     in the Federal Property and Administrative Services Act of 
     1949) and administrative jurisdiction over the property shall 
     be transferred to the Secretary for use for such a center.


     Acquisition, Construction, Improvements, and Related Expenses

       For an additional amount for design and construction of a 
     metropolitan area law enforcement training center, including 
     firearms and vehicle operations requalification facilities, 
     $25,000,000, to remain available until expended: Provided, 
     That of the funds provided, no more than $3,000,000 may be 
     obligated until a design and construction plan has been 
     submitted to the Committees on Appropriations.

                Bureau of Alcohol, Tobacco and Firearms


                         Salaries and Expenses

       For an additional amount, $4,148,000, for participation in 
     Joint Terrorism Task Forces.

                     United States Customs Service


                         Salaries and Expenses

       For an additional amount, $18,934,000: Provided, That 
     $10,000,000 shall be for technology and infrastructure along 
     the northern border: Provided further, That $6,600,000 shall 
     be for hiring counterterrorism agents for deployment along 
     the northern border: Provided further, That none of the funds 
     provided for the northern border shall be obligated until the 
     Commissioner of the Customs Service submits for approval to 
     the Committees on Appropriations a plan for the deployment of 
     the resources and personnel: Provided further, That 
     $2,334,000 shall be for participation in Joint Terrorism Task 
     Forces.

                        Internal Revenue Service


                          Tax Law Enforcement

       For an additional amount, $7,974,000: Provided, That 
     $3,135,000 shall be in support of the money laundering 
     strategy: Provided further, That $4,839,000 shall be for 
     participation in Joint Terrorism Task Forces.


                   Information Technology Investments

       For necessary expenses of the Internal Revenue Service, 
     $71,751,000, to remain available until September 30, 2003, 
     for the capital asset acquisition of information technology 
     systems, including management and related contractual costs 
     of said acquisitions, including contractual costs associated 
     with operations authorized by 5 U.S.C. 3109: Provided, That 
     none of these funds may be obligated until the Internal 
     Revenue Service submits to the Committees on Appropriations, 
     and such Committees approve, a plan for expenditure that (1) 
     meets the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11 part 3; (2) complies with the 
     Internal Revenue Service's enterprise architecture, including 
     the modernization blueprint; (3) conforms with the Internal 
     Revenue Service's enterprise life cycle methodology; (4) is 
     approved by the Internal Revenue Service, the Department of 
     the Treasury, and the Office of Management and Budget; (5) 
     has been reviewed by the General Accounting Office; and (6) 
     complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.


           Staffing Tax Administration for Balance and Equity

                     (Including Transfer of Funds)

       For necessary expenses of the Internal Revenue Service 
     related to the hiring of new staff, $141,000,000: Provided, 
     That these funds shall be transferred to the appropriations 
     accounts for ``Processing, Assistance, and Management'', 
     ``Tax Law Enforcement'', and ``Information Systems'' in 
     accordance with a staffing plan approved by the Department of 
     the Treasury and the Office of Management and Budget: 
     Provided further, That none of these funds may be transferred 
     or obligated until such staffing plan is submitted to, and 
     approved by, the Committees on Appropriations: Provided 
     further, That this transfer authority shall be in addition to 
     any other transfer authority provided.

                      United States Secret Service


                         Salaries and Expenses

       For an additional amount, $2,904,000, for participation in 
     Joint Terrorism Task Forces.

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                 Office of National Drug Control Policy


                Counterdrug Technology Assessment Center

                     (Including Transfer of Funds)

       For an additional amount, $7,000,000: Provided, That 
     $5,000,000 shall be available for continued operation of the 
     technology transfer program: Provided further, That 
     $2,000,000, to remain available until expended, shall be 
     available for counternarcotics research and development 
     projects, to be used for the continued development of a 
     wireless interoperability communication project in Colorado.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $3,500,000: Provided, That, of such amount, $2,500,000 shall 
     become available on March 31, 2001, and shall be provided to 
     the Elections Commission of the Commonwealth of

[[Page 21139]]

     Puerto Rico as a transfer to be used for objective, non-
     partisan citizens' education and a choice by voters regarding 
     the islands' future status: Provided further, That none of 
     the funds described in the preceding proviso may be obligated 
     until 45 days after the Elections Commission of the 
     Commonwealth of Puerto Rico submits to the Committees on 
     Appropriations for approval an expenditure plan developed 
     jointly by the Popular Democratic Party, the New Progressive 
     Party, and the Puerto Rican Independence Party: Provided 
     further, That the Elections Commission of the Commonwealth of 
     Puerto Rico shall include the expenditure plan additional 
     views from any party that does not agree with the plan.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        Real Property Activities

                         Federal Buildings Fund

                 Limitations on Availability of Revenue

                     (Including Transfer of Funds)

       For an additional amount to be deposited in, and to be used 
     for the purposes of, the Fund established pursuant to section 
     210(f) of the Federal Property and Administrative Services 
     Act of 1949, as amended (40 U.S.C. 490(f)), $11,350,000: 
     Provided, That $3,000,000 shall be available for non-
     prospectus construction: Provided further, That $8,350,000, 
     to remain available until expended, shall be available for 
     repairs and alterations.


                         Policy and Operations

       For an additional amount, $13,789,000 of which $2,060,000 
     shall be for the electronic government initiative, of which 
     $2,000,000 shall be for the regulatory information service 
     center, of which $2,000,000 shall be for facilitating post 
     conveyance remediation to be performed by the City of 
     Waltham, Massachusetts, of which $2,000,000 shall be for a 
     grant to the Institute for Biomedical Science and 
     Biotechnology, of which $2,000,000 shall be for a grant to 
     the Center for Agricultural Policy and Trade Studies, of 
     which $1,000,000 shall be for a grant to the Berwick, 
     Pennsylvania Industrial Development Authority, of which 
     $1,000,000 shall be a grant to Ewing-Lawrence Sewerage 
     Authority in Ewing Township, New Jersey, of which $750,000 
     shall be for logistical support of the World Police and Fire 
     Games in Indiana, and of which $979,000 shall be for base 
     operations.

              National Archives and Records Administration


                        Repairs and Restoration

       For an additional amount for repairs to the John F. Kennedy 
     Presidential Library, $6,610,000, to remain available until 
     expended.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 501. (a) Prohibition of Federal Agency Monitoring of 
     Personal Information on Use of Internet.--None of the funds 
     made available in the Treasury and General Government 
     Appropriations Act, 2001 may be used by any Federal agency--
       (1) to collect, review, or create any aggregate list, 
     derived from any means, that includes the collection of any 
     personally identifiable information relating to an 
     individual's access to or use of any Federal government 
     Internet site of the agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregate list, derived from any means, that 
     includes the collection of any personally identifiable 
     information relating to an individual's access to or use of 
     any nongovernmental Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to --
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to the rendition of the 
     Internet site services or to the protection of the rights or 
     property of the provider of the Internet site.
       (c) Relation to Other Provision.--Section 644 of the 
     Treasury and General Government Appropriations Act, 2001 
     (relating to Federal agency monitoring of personal 
     information on use of the Internet) shall not have effect.
       (d) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 502. (a) Clarification of Permissible Use of Facsimile 
     Machines and Electronic Mail to File Independent Expenditure 
     Statements.--Section 304 of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 434) is amended by adding at the end the 
     following new subsection:
       ``(d)(1) Any person who is required to file a statement 
     under subsection (c) of this section, except statements 
     required to be filed electronically pursuant to subsection 
     (a)(11)(A)(i) may file the statement by facsimile device or 
     electronic mail, in accordance with such regulations as the 
     Commission may promulgate.
       ``(2) The Commission shall make a document which is filed 
     electronically with the Commission pursuant to this paragraph 
     accessible to the public on the Internet not later than 24 
     hours after the document is received by the Commission.
       ``(3) In promulgating a regulation under this paragraph, 
     the Commission shall provide methods (other than requiring a 
     signature on the document being filed) for verifying the 
     documents covered by the regulation. Any document verified 
     under any of the methods shall be treated for all purposes 
     (including penalties for perjury) in the same manner as a 
     document verified by signature.''.
       (b) Treatment of Lines of Credit Obtained by Candidates as 
     Commercially Reasonable Loans.--Section 301(8)(B) of such Act 
     of 1971 (2 U.S.C. 431(8)(B)) is amended--
       (1) by striking ``and'' at the end of clause (xiii);
       (2) by striking the period at the end of clause (xiv) and 
     inserting ``; and''; and
       (3) by adding at the end the following new clause:
       ``(xv) any loan of money derived from an advance on a 
     candidate's brokerage account, credit card, home equity line 
     of credit, or other line of credit available to the 
     candidate, if such loan is made in accordance with applicable 
     law and under commercially reasonable terms and if the person 
     making such loan makes loans derived from an advance on the 
     candidate's brokerage account, credit card, home equity line 
     of credit, or other line of credit in the normal course of 
     the person's business.''.
       (c) Requiring Actual Receipt of Certain Independent 
     Expenditure Reports Within 24 Hours.--
       (1) In general.--Section 304(c)(2) of such Act (2 U.S.C. 
     434(c)(2)) is amended in the matter following subparagraph 
     (C)--
       (A) by striking ``shall be reported'' and inserting ``shall 
     be filed''; and
       (B) by adding at the end the following new sentence: 
     ``Notwithstanding subsection (a)(5), the time at which the 
     statement under this subsection is received by the Secretary, 
     the Commission, or any other recipient to whom the 
     notification is required to be sent shall be considered the 
     time of filing of the statement with the recipient.''.
       (2) Conforming amendment.--Section 304(a)(5) of such Act (2 
     U.S.C. 434(a)(5)) is amended by striking ``or (4)(A)(ii)'' 
     and inserting ``or (4)(A)(ii), or the second sentence of 
     subsection (c)(2)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after January 
     2001.
       Sec. 503. Of the amounts provided to the Office of National 
     Drug Control Policy for fiscal year 2001 for the anti-doping 
     efforts of the United States Olympic Committee, the Director 
     of such Office shall make direct payment of $3,300,000 to The 
     U.S. Anti-Doping Agency, Incorporated, for the conduct of 
     anti-doping activities: Provided, That these funds shall be 
     provided not later than 30 days after the date of the 
     enactment of this Act: Provided further, That of the funds 
     made available for this effort, The U.S. Anti-Doping Agency 
     shall have the sole authority to obligate these funds for the 
     promotion of anti-doping efforts relating to United States 
     athletes in the Olympic, Pan American, and Paralympic Games.
       Sec. 504. Section 640 of the Treasury and General 
     Government Appropriations Act, 2001 (relating to Civil 
     Service Retirement System) shall not have effect.
       Sec. 505. (a) Civil Service Retirement System.--The table 
     under section 8334(c) of title 5, United States Code, is 
     amended--
       (1) in the matter relating to an employee by striking:

       

                                   ``7.5...........  January 1, 2001, to
                                                      December 31, 2002.
                                   7...............  After December 31,
                                                      2002.''
 

     and inserting the following:

       

                                  ``7..............  After December 31,
                                                      2000.'';
 

       (2) in the matter relating to a Member or employee for 
     Congressional employee service by striking:

                     ``8....................  January 1, 2001, to
                                               December 31, 2002.
                     7.5....................  After December 31, 2002.''
 

     and inserting the following:

                    ``7.5...................  After December 31,
                                               2000.'';
 

       (3) in the matter relating to a law enforcement officer for 
     law enforcement service and firefighter for firefighter 
     service by striking:

                     ``8....................  January 1, 2001, to
                                               December 31, 2002.
                     7.5....................  After December 31, 2002.''
 

     and inserting the following:

                    ``7.5...................  After December 31,
                                               2000.'';
 

       (4) in the matter relating to a bankruptcy judge by 
     striking:

                     ``8.5..................  January 1, 2001, to
                                               December 31, 2002.
                     8......................  After December 31, 2002.''
 

     and inserting the following:

                    ``8.....................  After December 31,
                                               2000.'';
 

       (5) in the matter relating to a judge of the United States 
     Court of Appeals for the Armed Forces for service as a judge 
     of that court by striking:

                     ``8.5..................  January 1, 2001, to
                                               December 31, 2002.
                     8......................  After December 31, 2002.''
 

     and inserting the following:

                    ``8.....................  After December 31,
                                               2000.'';
 


[[Page 21140]]

       (6) in the matter relating to a United States magistrate by 
     striking:

                     ``8.5..................  January 1, 2001, to
                                               December 31, 2002.
                     8......................  After December 31, 2002.''
 

     and inserting the following:

                    ``8.....................  After December 31,
                                               2000.'';
 

       (7) in the matter relating to a Court of Federal Claims 
     judge by striking:

                     ``8.5..................  January 1, 2001, to
                                               December 31, 2002.
                     8......................  After December 31, 2002.''
 

     and inserting the following:

                    ``8.....................  After December 31,
                                               2000.'';
 

       (8) in the matter relating to a member of the Capitol 
     Police by striking:

                     ``8....................  January 1, 2001, to
                                               December 31, 2002.
                     7.5....................  After December 31, 2002.''
 

     and inserting the following:

                    ``7.5...................  After December 31,
                                               2000.'';
 

     and
       (9) in the matter relating to a nuclear materials courier 
     by striking:

                     ``8....................  January 1, 2001 to
                                               December 31, 2002.
                     7.5....................  After December 31, 2002.''
 

     and inserting the following:

                    ``7.5...................  After December 31,
                                               2000.''.
 

       (b) Federal Employees' Retirement System.--
       (1) In general.--Section 8422(a) of title 5, United States 
     Code, is amended by striking paragraph (3) and inserting the 
     following:
       ``(3) The applicable percentage under this paragraph for 
     civilian service shall be as follows:

``Employee.......................  7...............  January 1, 1987, to
                                                      December 31, 1998.
                                   7.25............  January 1, 1999, to
                                                      December 31, 1999.
                                   7.4.............  January 1, 2000, to
                                                      December 31, 2000.
                                   7...............  After December 31,
                                                      2000.
Congressional employee...........  7.5.............  January 1, 1987, to
                                                      December 31, 1998.
                                   7.75............  January 1, 1999, to
                                                      December 31, 1999.
                                   7.9.............  January 1, 2000, to
                                                      December 31, 2000.
                                   7.5.............  After December 31,
                                                      2000.
Member...........................  7.5.............  January 1, 1987, to
                                                      December 31, 1998.
                                   7.75............  January 1, 1999, to
                                                      December 31, 1999.
                                   7.9.............  January 1, 2000, to
                                                      December 31, 2000.
                                   8...............  January 1, 2001, to
                                                      December 31, 2002.
                                   7.5.............  After December 31,
                                                      2002.
Law enforcement officer,           7.5.............  January 1, 1987, to
 firefighter, member of the                           December 31, 1998.
 Capitol Police, or air traffic
 controller.
                                   7.75............  January 1, 1999, to
                                                      December 31, 1999.
                                   7.9.............  January 1, 2000, to
                                                      December 31, 2000.
                                   7.5.............  After December 31,
                                                      2000.
Nuclear materials courier........  7...............  January 1, 1987, to
                                                      October 16, 1998.
                                   7.5.............  October 17, 1998,
                                                      to December 31,
                                                      1998.
                                   7.75............  January 1, 1999, to
                                                      December 31, 1999.
                                   7.9.............  January 1, 2000, to
                                                      December 31, 2000.
                                   7.5.............  After December 31,
                                                      2000.''.
 

       (2) Military service.--Section 8422(e)(6) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C).
       (3) Volunteer service.--Section 8422(f)(4) of title 5, 
     United States Code, is amended--
       (A) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C).
       (c) Central Intelligence Agency Retirement and Disability 
     System.--
       (1) In general.--Section 7001(c)(2) of the Balanced Budget 
     Act of 1997 (50 U.S.C. 2021 note) is amended--
       (A) in the matter before the colon, by striking ``December 
     31, 2002'' and inserting ``December 31, 2000''; and
       (B) in the matter after the colon, by striking all that 
     follows ``December 31, 2000.''.
       (2) Military service.--Section 252(h)(1)(A) of the Central 
     Intelligence Agency Retirement Act (50 U.S.C. 2082(h)(1)(A)), 
     is amended--
       (A) in the matter before the colon, by striking ``December 
     31, 2002'' and inserting ``December 31, 2000''; and
       (B) in the matter after the colon, by striking all that 
     follows ``December 31, 2000.''.
       (d) Foreign Service Retirement and Disability System.--
       (1) In general.--Section 7001(d)(2) of the Balanced Budget 
     Act of 1997 (22 U.S.C. 4045 note) is amended--
       (A) in subparagraph (A)--
       (i) in the matter before the colon, by striking ``December 
     31, 2002'' and inserting ``December 31, 2000''; and
       (ii) in the matter after the colon, by striking all that 
     follows ``December 31, 2000.''; and
       (B) in subparagraph (B)--
       (i) in the matter before the colon, by striking ``December 
     31, 2002'' and inserting ``December 31, 2000''; and
       (ii) in the matter after the colon, by striking all that 
     follows ``December 31, 2000.''.
       (2) Conforming amendment.--Section 805(d)(1) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4045(d)(1)) is amended, in the 
     table in the matter following subparagraph (B), by striking:
       

                     ``January 1, 2001,          7.5
                     through December 31,
                     2002, inclusive.
                     After December 31, 2002..   7''
 

     and inserting the following:
       

                     ``After December 31, 2000   7''.
 

       (e) Foreign Service Pension System.--
       (1) In general.--Section 856(a)(2) of the Foreign Service 
     Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended by striking 
     all that follows ``December 31, 2000.'' and inserting the 
     following:
       

                     ``7.5..................  After December 31,
                                               2000.''.
 

       (2) Volunteer service.--Section 854(c)(1) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4071c(c)(1)) is amended--
       (A) in the matter before the colon, by striking ``December 
     31, 2002'' and inserting ``December 31, 2000''; and
       (B) in the matter after the colon, by striking all that 
     follows ``December 31, 2000.''.
       (f) Civil Service Retirement System.--Notwithstanding 
     section 8334 (a)(1) or (k)(1) of title 5, United States Code, 
     during the period beginning on October 1, 2002, through 
     December 31, 2002, each employing agency (other than the 
     United States Postal Service or the Metropolitan Washington 
     Airports Authority) shall contribute--
       (1) 7.5 percent of the basic pay of an employee;
       (2) 8 percent of the basic pay of a congressional employee, 
     a law enforcement officer, a member of the Capitol police, a 
     firefighter, or a nuclear materials courier; and
       (3) 8.5 percent of the basic pay of a Member of Congress, a 
     Court of Federal Claims judge, a United States magistrate, a 
     judge of the United States Court of Appeals for the Armed 
     Forces, or a bankruptcy judge,
     in lieu of the agency contributions otherwise required under 
     section 8334(a)(1) of such title 5.
       (g) Central Intelligence Agency Retirement and Disability 
     System.--Notwithstanding section 211(a)(2) of the Central 
     Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), 
     during the period beginning on October 1, 2002, through 
     December 31, 2002, the Central Intelligence Agency shall 
     contribute 7.5 percent of the basic pay of an employee 
     participating in the Central Intelligence Agency Retirement 
     and Disability System in lieu of the agency contribution 
     otherwise required under section 211(a)(2) of such Act.
       (h) Foreign Service Retirement and Disability System.--
     Notwithstanding any provision of section 805(a) of the 
     Foreign Service Act of 1980 (22 U.S.C. 4045(a)), during the 
     period beginning on October 1, 2002, through December 31, 
     2002, each agency employing a participant in the Foreign 
     Service Retirement and Disability System shall contribute to 
     the Foreign Service Retirement and Disability Fund--
       (1) 7.5 percent of the basic pay of each participant 
     covered under section 805(a)(1) of such Act participating in 
     the Foreign Service Retirement and Disability System; and
       (2) 8 percent of the basic pay of each participant covered 
     under paragraph (2) or (3) of section 805(a) of such Act 
     participating in the Foreign Service Retirement and 
     Disability System,
     in lieu of the agency contribution otherwise required under 
     section 805(a) of such Act.
       (i) The amendments made by this section shall take effect 
     upon the close of calendar year 2000, and shall apply 
     thereafter.
       Sec. 506. Of the amount provided to the United States 
     Secret Service for fiscal year 2001 and specified for 
     activities related to investigations of exploited children, 
     $2,000,000 shall be available to the United States Secret 
     Service for forensic and related support of investigations of 
     missing and exploited children and shall remain available 
     until September 30, 2001.
       Sec. 507. (a) Section 108 of the Legislative Branch 
     Appropriations Act, 2001 is amended to read as follows:
       ``Sec. 108. Chief Administrative Officer.--(a) In 
     General.--There shall be within the Capitol Police an Office 
     of Administration to be headed by a Chief Administrative 
     Officer as follows:
       ``(1) Not later than 60 days after the date of the 
     enactment of this Act, the Chief Administrative Officer shall 
     be appointed by the Chief of the Capitol Police after 
     consultation with the Capitol Police Board and the 
     Comptroller General, and shall report to and serve at the 
     pleasure of the Chief of the Capitol Police.

[[Page 21141]]

       ``(2) The Comptroller General shall evaluate the 
     performance of the Chief Administrative Officer in carrying 
     out the duties and responsibilities of the Office of 
     Administration as outlined in this section. The Comptroller 
     General shall meet with the Chief of the Capitol Police and 
     the Capitol Police Board at least quarterly to provide an 
     analysis of the performance of the Chief Administrative 
     Officer. The Comptroller General shall report the results of 
     the evaluation to the Chief of the Capitol Police, the 
     Capitol Police Board, the Committees on Appropriations of the 
     House of Representatives and Senate, the Committee on House 
     Administration of the House of Representatives, and the 
     Committee on Rules and Administration of the Senate.
       ``(3) The Chief of the Capitol Police shall appoint as 
     Chief Administrative Officer an individual with the knowledge 
     and skills necessary to carry out the responsibilities for 
     budgeting, financial management, information technology, and 
     human resource management described in this section.
       ``(4) The Chief Administrative Officer shall receive basic 
     pay at a rate determined by the Capitol Police Board, but not 
     to exceed the annual rate of basic pay payable for ES-2 of 
     the Senior Executive Service, as established under subchapter 
     VIII of chapter 53 of title 5, United States Code (taking 
     into account any comparability payments made under section 
     5304(h) of such title).
       ``(5) The Capitol Police shall reimburse from available 
     appropriations any costs incurred by the Comptroller General 
     under this section, which shall be deposited to the 
     appropriation of the General Accounting Office then available 
     and remain available until expended.
       ``(b) Responsibilities.--The Chief Administrative Officer 
     shall have the following areas of responsibility:
       ``(1) Budgeting.--The Chief Administrative Officer shall--
       ``(A) prepare and submit to the Capitol Police Board an 
     annual budget for the Capitol Police; and
       ``(B) execute the budget and monitor through periodic 
     examinations the execution of the Capitol Police budget in 
     relation to actual obligations and expenditures.
       ``(2) Financial management.--The Chief Administrative 
     Officer shall--
       ``(A) oversee all financial management activities relating 
     to the programs and operations of the Capitol Police;
       ``(B) develop and maintain an integrated accounting and 
     financial system for the Capitol Police, including financial 
     reporting and internal controls, which--
       ``(i) complies with applicable accounting principles, 
     standards, and requirements, and internal control standards;
       ``(ii) complies with any other requirements applicable to 
     such systems; and
       ``(iii) provides for--
       ``(I) complete, reliable, consistent, and timely 
     information which is prepared on a uniform basis and which is 
     responsive to financial information needs of the Capitol 
     Police;
       ``(II) the development and reporting of cost information;
       ``(III) the integration of accounting and budgeting 
     information; and
       ``(IV) the systematic measurement of performance;
       ``(C) direct, manage, and provide policy guidance and 
     oversight of Capitol Police financial management personnel, 
     activities, and operations, including--
       ``(i) the recruitment, selection, and training of personnel 
     to carry out Capitol Police financial management functions; 
     and
       ``(ii) the implementation of Capitol Police asset 
     management systems, including systems for cash management, 
     debt collection, and property and inventory management and 
     control; and
       ``(D) shall require annual financial statements for the 
     Capitol Police and provide for an annual audit of the 
     financial statements by an independent public accountant in 
     accordance with generally accepted government auditing 
     standards.
       ``(3) Information technology.--The Chief Administrative 
     Officer shall--
       ``(A) direct, coordinate, and oversee the acquisition, use, 
     and management of information technology by the Capitol 
     Police;
       ``(B) promote and oversee the use of information technology 
     to improve the efficiency and effectiveness of programs of 
     the Capitol Police; and
       ``(C) establish and enforce information technology 
     principles, guidelines, and objectives, including developing 
     and maintaining an information technology architecture for 
     the Capitol Police.
       ``(4) Human resources.--The Chief Administrative Officer 
     shall--
       ``(A) direct, coordinate, and oversee human resources 
     management activities of the Capitol Police;
       ``(B) develop and monitor payroll and time and attendance 
     systems and employee services; and
       ``(C) develop and monitor processes for recruiting, 
     selecting, appraising, and promoting employees.
       ``(c) Administrative Provisions.--
       ``(1) Personnel.--The Chief Administrative Officer is 
     authorized to select, appoint, employ, and discharge such 
     officers and employees as may be necessary to carry out the 
     functions, powers, and duties of the Office of 
     Administration, but shall not have the authority to hire or 
     discharge uniformed and operational police force personnel.
       ``(2) Resources of other agencies.--The Chief 
     Administrative Officer may utilize resources of another 
     agency on a reimbursable basis to be paid from available 
     appropriations of the Capitol Police.
       ``(d) Plan.--No later than 180 days after appointment, the 
     Chief Administrative Officer shall prepare and submit to the 
     Chief of the Capitol Police, the Capitol Police Board, and 
     the Comptroller General, a plan--
       ``(1) describing the policies, procedures, and actions the 
     Chief Administrative Officer will take in carrying out the 
     responsibilities assigned under this section;
       ``(2) identifying and defining responsibilities and roles 
     of all offices, bureaus, and divisions of the Capitol Police 
     for budgeting, financial management, information technology, 
     and human resources management; and
       ``(3) detailing mechanisms for ensuring that the offices, 
     bureaus, and divisions perform their responsibilities and 
     roles in a coordinated and integrated manner.
       ``(e) Report.--No later than September 30, 2001, the Chief 
     Administrative Officer shall prepare and submit to the Chief 
     of the Capitol Police, the Capitol Police Board, and the 
     Comptroller General, a report on the Chief Administrative 
     Officer's progress in implementing the plan described in 
     subsection (d) and recommendations to improve the budgeting, 
     financial, information technology, and human resources 
     management of the Capitol Police, including organizational, 
     accounting and administrative control, and personnel changes.
       ``(f) Submission to Committees.--The Chief of the Capitol 
     Police shall submit the plan required in subsection (d) and 
     the report required in subsection (e) to the Committees on 
     Appropriations of the House of Representatives and of the 
     Senate, the Committee on House Administration of the House of 
     Representatives, and the Committee on Rules and 
     Administration of the Senate.
       ``(g) Termination of Role.--As of October 1, 2002, the role 
     of the Comptroller General, as established by this section, 
     will cease.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2001.
       This Act may be cited as the ``Department of Transportation 
     and Related Agencies Appropriations Act, 2001''.
       Following is explanatory language on H.R. 5394, as 
     introduced on October 5, 2000.
       The conferees on H.R. 4475 agree with the matter included 
     in H.R. 5394 and enacted in this conference report by 
     reference and the following description of it. This bill was 
     developed through negotiations by the conferees on the 
     differences in H.R. 4475. References in the following 
     description to the ``conference agreement'' means the matter 
     included in the introduced bill enacted by this conference 
     report.

                        Congressional Directives

       The conferees agree that Executive Branch propensities 
     cannot substitute for Congress' own statements concerning the 
     best evidence of Congressional intentions; that is, the 
     official reports of the Congress. The committee of conference 
     approves report language included by the House (House Report 
     106-622) or the Senate (Senate Report 106-309 accompanying 
     the companion measure S. 2720) that is not changed by the 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, is not intended to negate 
     the language referred to above unless expressly provided 
     herein.

                     Program, Project, and Activity

       During fiscal year 2001, for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177), as amended, with respect to funds provided for the 
     Department of Transportation and related agencies, the terms 
     ``program, project, and activity'' shall mean any item for 
     which a dollar amount is contained in an appropriations Act 
     (including joint resolutions providing continuing 
     appropriations) or accompanying reports of the House and 
     Senate Committees on Appropriations, or accompanying 
     conference reports and joint explanatory statements of the 
     committee of conference. In addition, the reductions made 
     pursuant to any sequestration order to funds appropriated for 
     ``Federal Aviation Administration, Facilities and equipment'' 
     and for ``Coast Guard, Acquisition, construction, and 
     improvements'' shall be applied equally to each ``budget 
     item'' that is listed under said accounts in the budget 
     justifications submitted to the House and Senate Committees 
     on Appropriations as modified by subsequent appropriations 
     Acts and accompanying committee reports, conference reports, 
     or joint explanatory statements of the committee of 
     conference. The conferees recognize that adjustments to the 
     above allocations may be required due to changing program 
     requirements or priorities. The conferees expect any such 
     adjustment, if required, to be accomplished only through the 
     normal reprogramming process.

                Staffing Increases Provided by Congress

       The conferees direct the Department of Transportation to 
     fill expeditiously any positions added in the conference 
     agreement, without regard to agency-specific staffing targets 
     which may have been previously established to meet the 
     mandated government-wide staffing reductions.

[[Page 21142]]



                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         salaries and expenses

       The conference agreement provides a total of $63,245,000 
     for salaries and expenses of the various offices comprising 
     the office of the secretary. Though both the House and Senate 
     had proposed to provide separate appropriations for the 
     individual offices within the office of the secretary, the 
     conference agreement provides a single, consolidated 
     appropriation. The conferees believe that the new 
     administration may wish to reorganize the offices of the 
     secretary to delete redundant and duplicative activities that 
     may be performed by other elements of the department or may 
     be of limited benefit to the office of the secretary; a 
     consolidated appropriation for the salaries and expenses for 
     the offices within the office of the secretary will provide 
     the new secretary greater flexibility to reorganize the 
     office.
       The following table summarizes the fiscal year 2001 
     appropriation for each OST office:


                                                             Conference
                                                              agreement
Immediate Office of the Secretary............................$1,827,000
Immediate Office of the Deputy Secretary........................587,000
Office of the General Counsel.................................9,972,000
Office of the Assistant Secretary for Policy..................3,011,000
Office of the Assistant Secretary for Aviation and International 
  Affairs.....................................................7,289,000
Office of the Assistant Secretary for Budget and Programs.....7,362,000
Office of the Assistant Secretary for Governmental Affairs....2,150,000
Office of the Assistant Secretary for Administration.........19,020,000
Office of Public Affairs......................................1,674,000
Executive Secretariat.........................................1,181,000
Board of Contract Appeals.......................................496,000
Office of Small and Disadvantaged Business Utilization........1,192,000
Office of Intelligence and Security...........................1,262,000
Office of the Chief Information Officer.......................6,222,000
                                                       ________________
                                                       
    Total, salaries and expenses, office of the secretary....63,245,000
       Reprogramming guidelines.--While providing a consolidation 
     of office-by-office appropriations for OST, the conferees 
     still want to ensure that adequate Congressional oversight 
     and control is maintained over these expenses. Therefore, the 
     Secretary of Transportation is directed to notify the House 
     and Senate Committees on Appropriations in writing of any 
     change in funding greater than five percent from the office-
     by-office levels approved by Congress for this appropriation. 
     The Secretary is further directed not to make such a change 
     without the approval of the House and Senate Committees on 
     Appropriations.
       The conference agreement includes a provision that limits 
     the availability of funds appropriated under this heading to 
     no more than 52 percent and not more than 224 full-time 
     equivalent staff years funded through the end of the second 
     quarter of fiscal year 2001.
       Reception and representation activities.--The conference 
     agreement includes a provision that increases to $60,000 the 
     amount of funds to be available for official reception and 
     representation activities. The conference agreement includes 
     a provision, as proposed by the Senate, that limits to 
     $15,000 the amount of funds that may be obligated for 
     official reception and representation costs prior to January 
     20, 2001.
       Monthly reporting requirement.--The conferees direct the 
     office of the secretary to report monthly on the status of 
     all outstanding reports and reporting requirements, including 
     the status of delinquent Congressional mandated or requested 
     reports and an estimated completion and delivery date.
       Administrative directives.--The conferees direct that the 
     department submit its fiscal year 2002 congressional 
     justification materials for the salaries and expenses of the 
     offices of the secretary at the same level of detail provided 
     in the Congressional justifications presented in fiscal year 
     2001.
       The conferees direct that assessments charged by the office 
     of the secretary to the modal administrations shall be for 
     administrative activities, not policy initiatives.
       Immediate office of the secretary.--The conference 
     agreement provides a total of $1,827,000 for expenses of the 
     immediate office of the secretary for fiscal year 2001. Funds 
     to support a second deputy chief of staff or a contractor to 
     perform similar duties are deleted by this agreement 
     (-$150,000).
       Office of the general counsel.--The conference agreement 
     provides a total of $9,972,000 for expenses of the office of 
     the general counsel. Within the funds provided, no more than 
     5 FTEs and $500,000 shall be available to support the 
     department's proposed ``Accessibility for All America'' 
     initiative. Further, the conference agreement provides 
     sufficient resources for advisory or referral activities 
     related to aviation competition guidelines on the part of the 
     department.
       Office of aviation and international affairs.--The 
     conference agreement disallows funding as proposed by the 
     House for a new position of special assistant to the 
     assistant secretary for aviation and international affairs 
     (-$120,000). Funding is provided to hire up to two additional 
     transportation industry analysts in fiscal year 2001.
       The conferees are aware of, and applaud, the department's 
     efforts to promote foreign air carrier service to and through 
     Alaska. Alaska is uniquely positioned as an international air 
     cargo hub for efficient sorting and consolidation of cargo 
     moving between multiple United States and foreign points. The 
     conferees encourage the department to explore using Alaska as 
     a testing ground for even greater liberalization of foreign 
     and domestic air carriers' rights to carry international air 
     cargo on route legs between Alaska and other United States 
     points. Such liberalization would optimize the geographic 
     advantage of Alaska for air cargo transfer. In addition, such 
     steps would also optimize the flexibility that the department 
     has sought for Alaska as an international aviation hub. 
     Without vigorous initiative on the part of the department, 
     the United States stands to lose to foreign airports the 
     economic activity for labor, industry, and consumers that 
     increased domestic and foreign transfer authority could 
     generate for the United States.
       Office of the assistant secretary for budget and 
     programs.--A total of $7,362,000 is provided for the office 
     of the assistant secretary for budget and programs. Within 
     the funds provided, not more than $100,000 is available for 
     workforce training activities to supplement existing training 
     expenditures.
       Office of the assistant secretary for administration.--
     Consistent with the actions of both the House and Senate, the 
     conference agreement does not provide funding for employee 
     development training (-$1,160,000); however, limited funds 
     have been provided to supplement existing training 
     activities, as discussed in the preceding paragraph.
       Office of intelligence and security.--Funding provided for 
     the office of intelligence and security totals $1,262,000 and 
     excludes resources for infrastructure protection activities. 
     The conference agreement includes funds for these activities 
     within amounts appropriated to the Research and Special 
     Programs Administration.
       Office of the chief information officer.--The conference 
     agreement provides a total of $6,222,000 for salaries and 
     expenses of the office of the chief information officer 
     (CIO). Funding is not provided to implement in fiscal year 
     2002 a pilot project that has yet to be defined or determined 
     by the department's architecture working group. Such funding 
     should be considered in the context of the department's 
     fiscal year 2002 appropriations request.
       The conferees concur with the directions of the House that 
     no major information technology (IT) procurement within the 
     department occur until after a review by the CIO has been 
     conducted to determine system deficiencies, vulnerabilities, 
     compatibility with, and relative need of such systems 
     compared to other departmental systems requirements. 
     Furthermore, the conferees direct the CIO to approve all IT 
     and telecommunications infrastructure items and expenditures 
     for all systems that are non-mode specific (e.g., common 
     grants systems).
       Office of intermodalism.--Funding for the office of 
     intermodalism is provided within amounts made available to 
     the Federal Highway Administration, as proposed by the House.
       Fractional ownership demonstration program.--The conferees 
     encourage the Secretary of Transportation to execute a 
     demonstration program, to be conducted for a period of not to 
     exceed eighteen months, of the fractional ownership concept 
     for performing administrative support flight missions. The 
     purpose of this demonstration is to determine whether cost 
     savings, increased operational flexibility, and aircraft 
     availability can be realized by DOT through fractional 
     ownership compared to in-house ownership of aircraft. This 
     demonstration shall be competitive, and encompass a suite of 
     aircraft covering a majority of the department's support 
     missions, including those by the Coast Guard, FAA, and NASA 
     (to the extent those aircraft are currently operated by the 
     FAA). The Secretary is directed to report the results of this 
     project to the House and Senate Committees on Appropriations 
     within three months of completing the evaluation. If the 
     Secretary does not conduct such an evaluation, the Secretary 
     is directed to submit a report to the House and Senate 
     Committees on Appropriations providing a detailed explanation 
     of that decision.


                         office of civil rights

       The conference agreement provides $8,140,000 for the office 
     of civil rights as proposed by the House instead of 
     $8,000,000 as proposed by the Senate.


           transportation planning, research, and development

       The conference agreement provides $11,000,000 for 
     transportation planning, research, and development instead of 
     $3,300,000

[[Page 21143]]

     as proposed by the House and $5,300,000 as proposed by the 
     Senate. The conferees, however, agree with the reductions 
     from the budget request proposed by the House. Funding 
     provided under this heading shall be available for the 
     following activities:

2001 Special Winter Olympics.................................$1,400,000
Ensuring consumer information and choice in the airline indust1,000,000
Transportation management planning for the Salt Lake City Winter 
  Olympic Games (section 1223 of TEA21).......................2,000,000
Automotive workforce training.................................3,000,000

       The conferees encourage the secretary and each of the modal 
     administrations to work with the National Center for Missing 
     and Exploited Children and the transportation industry to 
     identify and implement initiatives to maximize the 
     transportation sector's involvement in the effort to relocate 
     missing children.
       Transportation management planning for the Salt Lake City 
     2002 Winter Olympic Games.--The conference agreement includes 
     $2,000,000 for transportation management planning for the 
     Salt Lake City Winter Olympic Games, as authorized under 
     section 1223(c) of TEA21. These funds shall be available for 
     planning activities and related temporary and permanent 
     transportation infrastructure investments based on the 
     transportation management plan approved by the Secretary.
       Radionavigation and positioning initiatives.--No funding is 
     provided for additional study activities described under 
     ``GPS vulnerability study follow-on requirements'' and 
     ``technical support of GPS spectrum protection and 
     coordination'' of the congressional justification as 
     additional funding and guidance is provided for similar 
     initiatives and activities elsewhere in the department. 
     Reprogramming requests in this area will be reviewed if 
     submitted and justified appropriately.
       Automotive workforce training.--The conference agreement 
     includes $3,000,000 for development and implementation of a 
     workforce training program designed for specific issues 
     related to the automotive manufacturing industry.
       Telework.--The Secretary shall conduct an assessment of the 
     existing practices and infrastructure involved with telework 
     efforts in the greater New York metropolitan area and 
     determine if a telework program, supported by the federal 
     government, could provide significant incentives for 
     increasing the use of telework, thereby reducing vehicle 
     miles traveled and improving air quality. The assessment 
     should identify representatives from local government, 
     environmental organizations and transportation agencies who 
     would comprise a New York City design team for implementing a 
     telework program. Within six months, the Secretary shall 
     report to Congress on the findings of this study. To carry 
     out these activities, the conference agreement includes 
     $300,000.


              TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

       The conference agreement includes a limitation of 
     $126,887,000 on activities of the transportation 
     administrative service center (TASC) instead of $119,387,000 
     as proposed by the House and $173,278,000 as proposed by the 
     Senate. The conferees concur in the recommendations of the 
     House to disallow the proposed transfer of the National 
     Oceanic and Atmospheric Administration's Office of 
     Aeronautical Charting and Cartography to the TASC 
     (-$43,963,000) and to disallow proposed new staffing 
     increases (-$461,000). The increase of $7,500,000 above the 
     House-passed level has been provided to accommodate solely 
     the anticipated increased workload stemming from creation of 
     the Federal Motor Carrier Safety Administration.


               MINORITY BUSINESS RESOURCE CENTER PROGRAM

       The conference agreement includes a limitation on 
     guaranteed loans of $13,775,000, as proposed by the House, 
     instead of a limitation of $13,775,000 on direct loans as 
     proposed by the Senate. Further, the conference agreement 
     provides subsidy and administrative costs totaling 
     $1,900,000, as proposed by both the House and the Senate.


                       MINORITY BUSINESS OUTREACH

       The conference agreement provides $3,000,000 for minority 
     business outreach activities, as proposed by both the House 
     and the Senate.

                              Coast Guard


                           Operating Expenses

       The conference agreement provides $3,192,000,000 for Coast 
     Guard operating expenses as proposed by the House instead of 
     $3,039,460,000 as proposed by the Senate. The agreement 
     specifies that $341,000,000 of the total is available only 
     for defense-related activities, as proposed by the House, 
     instead of $641,000,000 proposed by the Senate. The agreement 
     does not include language proposed by the Senate which would 
     have allowed a transfer of up to $100,000,000 from the FAA's 
     operating budget to augment the Coast Guard's drug 
     interdiction activities or OST's Office of Intelligence and 
     Security. The bill also does not include language proposed by 
     the Senate which would have required the Coast Guard to 
     reimburse the Office of Inspector General for Coast Guard-
     related audits and investigations.
       Specific adjustments.--The following table summarizes the 
     House and Senate's proposed adjustments to the Coast Guard's 
     budget request and the final conference agreement:

----------------------------------------------------------------------------------------------------------------
                                                                    House            Senate         Conference
                   Item and recommendation                       recommended      recommended       agreement
----------------------------------------------------------------------------------------------------------------
Repricing of civilian PC&B...................................      +$2,051,000  ...............  ...............
Polar icebreaker reimbursement...............................       +3,800,000      +$7,734,000       +7,734,000
International Maritime Information Safety System (IMISS)--            -398,000         -398,000         -398,000
 defer.......................................................
MTS leadership and coordination--defer.......................         -801,000         -801,000         -801,000
CG workstation support--defer................................         -750,000  ...............  ...............
NTIA fees--defer increase....................................         -426,000  ...............  ...............
``One DOT'' initiatives--defer...............................         -304,000  ...............         -304,000
Aviation detachment support--defer...........................       -3,904,000  ...............       -3,904,000
Nonpay COLA--smaller increase................................       -6,268,000  ...............       -1,363,000
Military pay and benefits....................................  ...............       -1,004,000  ...............
Military health care.........................................  ...............         -105,000  ...............
Permanent change of station..................................  ...............       -8,785,000       -3,000,000
Training and education.......................................  ...............       -7,484,000       -2,065,000
Atlantic area command........................................  ...............         -193,000         -193,000
Headquarters directorates....................................  ...............         -125,000                -
Headquarters-managed units...................................  ...............       -1,760,000         -706,000
Aircraft maintenance.........................................  ...............      -13,075,000  ...............
Electronic maintenance.......................................  ...............       -1,500,000  ...............
Shore facility maintenance...................................  ...............       -5,000,000       -2,000,000
Vessel maintenance...........................................  ...............       -4,315,000  ...............
Undistributed reduction......................................  ...............     -122,729,000  ...............
                                                              --------------------------------------------------
      Total..................................................       -7,000,000     -159,540,000       -7,000,000
----------------------------------------------------------------------------------------------------------------

       Pilot project on occupational and health hazards of Coast 
     Guard personnel.--The conferees agree to provide $1,000,000 
     for the pilot project, proposed by the Senate, regarding the 
     unique occupational and health hazards of Coast Guard 
     personnel. This project shall be conducted in coordination 
     with Tulane University and the University of Alabama--
     Birmingham.
       Boatracs systems.--The conferees understand that the Coast 
     Guard has purchased several ``boatracs'' systems in an effort 
     to address communications problems within the eighth 
     district. This text communications system is often the only 
     form of communication between the district headquarters and 
     cutters on patrol performing search and rescue missions. This 
     system could be used as an interim measure, before full 
     implementation of the National Distress and Response System 
     Modernization Project, which could save lives by providing 
     consistent and reliable communications among Coast Guard 
     assets. The Coast Guard is encouraged to evaluate the 
     boatracs system on this basis during fiscal year 2001.
       Assessment of progress to replace single hull tanker fleet 
     with double hull ships.--The conferees direct the United 
     States Coast Guard, in consultation with the Maritime 
     Administration, to assess the status of replacement of single 
     hull tank vessels with double hull tank vessels, and report 
     the findings of this assessment to the House and Senate 
     Committees on Appropriations. This report should include: (1) 
     a list of double hull vessels and their carrying capacity in 
     the U.S.-flag fleet; (2) a list of single hull vessels and 
     their carrying capacity and the year in which each single 
     hull vessel is scheduled to be phased out of service under 
     the Oil Pollution Act; and (3) the amount of oil transported 
     each year by domestic U.S.-flag tank vessels to meet the 
     energy needs of the United States. This report shall be 
     submitted by February 1, 2001.
       Search and rescue station staffing.--The conferees are 
     concerned that, in the wake of the National Transportation 
     Safety Board report on the sinking of the sailboat Morning 
     Dew, the Coast Guard has still not implemented needed 
     staffing improvements at the nation's search and rescue (SAR) 
     stations. Even though a recent Coast Guard analysis concluded 
     that an additional 109 personnel were needed at these 
     centers, the Coast Guard advised the House that the service 
     ``does not believe additional operation center staffing is 
     required in fiscal year 2001 and has not requested any be 
     provided''. The conferees reiterate the concerns expressed in 
     the House report regarding deficiencies in the Coast Guard's 
     search and rescue posture, and strongly encourage the service 
     to address the personnel shortfalls at search and rescue 
     stations within the funding levels provided for fiscal year 
     2001. In addition, the conferees direct the Office of 
     Inspector General, in consultation with the National 
     Transportation Safety Board, to conduct a thorough review of 
     readiness of the nation's SAR stations, including personnel 
     shortfalls, equipment adequacy, training adequacy, and the 
     relative support for SAR programs and activities in the Coast 
     Guard command structure. The conferees direct that this 
     report be completed and submitted to the appropriate

[[Page 21144]]

     committees of the Congress no later than March 1, 2001.
       Indonesian Coast Guard.--The conferees do not agree with 
     direction in the Senate report for the Coast Guard to work 
     with representatives of the Indonesian government on officer 
     training and to study turning over surplus vessels to improve 
     the capability of the Indonesian Coast Guard.


              Acquisition, Construction, and Improvements

       The conference agreement includes $415,000,000 for 
     acquisition, construction, and improvement programs of the 
     Coast Guard instead of $515,000,000 as proposed by the House 
     and $407,747,660 as proposed by the Senate. Consistent with 
     past years and the House and Senate bills, the conference 
     agreement distributes funds in the bill by budget activity.
       Great Lakes Icebreaker.--No procurement funding or 
     direction is provided in this Act for the Great Lakes 
     Icebreaker (Mackinaw replacement) project, as the full 
     estimated cost of this vessel has been provided in prior 
     appropriations Acts.
       A table showing the distribution of this appropriation by 
     project as included in the fiscal year 2001 House bill, 
     Senate bill, and the conference agreement follows:

[[Page 21145]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.001
     


[[Page 21146]]

                Environmental Compliance and Restoration

       The conference agreement includes $16,700,000 for 
     environmental compliance and restoration as proposed by both 
     the House and Senate.


                         Alteration of Bridges

       The conference agreement includes $15,500,000 for 
     alteration of bridges deemed hazardous to marine navigation 
     as proposed by the Senate instead of $14,740,000 proposed by 
     the House. The conference agreement distributes these funds 
     as follows:

                                                             Conference
        Bridge and location                                   agreement
New Orleans, LA, Florida Avenue RR/HW Bridge.................$3,925,000
Brunswick, GA, Sidney Lanier Highway Bridge...................3,000,000
Charleston, SC, Limehouse Bridge..............................2,000,000
Mobile, AL, Fourteen Mile Bridge..............................3,000,000
Morris, IL, EJ&E Railroad Bridge..............................3,000,000
Oshkosh, WI, Fox River Bridge...................................575,000
                                                       ________________
                                                       
    Total....................................................15,500,000

       Florida Avenue Bridge.--The conferees agree to provide 
     $3,925,000 for this project, and direct that $500,000 of this 
     funding shall be made available to the Port of New Orleans to 
     cover the federal portion of a study of the feasibility of 
     development of the Millenium Port in south Louisiana.
       Fox River Bridge.--Funding of $575,000 is provided for 
     removal of the bridge across the Fox River at mile point 56.9 
     in Oshkosh, Wisconsin.


                              Retired Pay

       The conference agreement includes $778,000,000 for Coast 
     Guard retired pay as proposed by both the House and the 
     Senate. This is scored as a mandatory program for federal 
     budget purposes. The conference agreement deletes language 
     proposed by the House authorizing these funds for the payment 
     of fifteen-year career status bonuses. The conferees do not 
     believe that retention bonuses paid to active duty personnel 
     are consistent with the purposes of this program, and have 
     seen no evidence that these payments constitute mandatory 
     expenditures of the Coast Guard, as are the other elements of 
     this mandatory appropriation. Sufficient funding is provided 
     under ``Operating expenses'' for payment of these bonuses to 
     qualified personnel.


                            Reserve Training

                     (Including Transfer of Funds)

       The conference agreement provides $80,375,000 for reserve 
     training as proposed by the House instead of $80,371,000 as 
     proposed by the Senate. The agreement allows the Reserves to 
     reimburse the Coast Guard operating account up to $22,000,000 
     for Coast Guard support of Reserve activities, as proposed by 
     the Senate, instead of $21,500,000 as proposed by the House.


              Research, Development, Test, and Evaluation

       The conference agreement provides $21,320,000 for Coast 
     Guard research, development, test, and evaluation as proposed 
     by the Senate instead of $19,691,000 as proposed by the 
     House. The conferees agree that within the funding provided, 
     $500,000 is to address ship ballast water exchange issues, 
     instead of $1,000,000 as proposed by the Senate.

                    Federal Aviation Administration


                               Operations

       The conference agreement provides $6,544,235,000 for 
     operating expenses of the Federal Aviation Administration as 
     proposed by the House instead of $6,350,250,000 as proposed 
     by the Senate. These funds are in addition to amounts made 
     available as a mandatory appropriation of user fees in the 
     Federal Aviation Administration Reauthorization Act of 1996 
     (Public Law 104-264). Of the total amount provided, 
     $4,414,869,000 is to be derived from the airport and airway 
     trust fund, consistent with Public Law 106-181. The total 
     funding provided is $569,235,000 (9.5 percent) above the 
     fiscal year 2000 enacted level.
       Contract tower program funding.--The conference agreement 
     provides $55,300,000 for the contract tower program, which is 
     the amount assumed in the budget estimate. FAA is directed 
     not to reprogram these funds to any other activity or to 
     reduce them to satisfy budget shortfalls which may develop 
     throughout the fiscal year. In addition, the conference 
     agreement includes $5,000,000 for the contract tower cost-
     sharing program.
       Contract tower program extension.--The conferees agree with 
     Senate direction to the FAA Administrator to submit the 
     overdue report on this program, but do not agree with the 
     Senate direction that this report should include a timeline 
     for expanding the program. In addition, the report should 
     address recent findings and recommendations of the DOT 
     Inspector General regarding expansion of the contract tower 
     program.
       Criteria for contract tower program eligibility.--The 
     conferees believe that FAA's contract tower program has 
     worked well from both the government's perspective and the 
     users' perspective. Through this program, many aircraft are 
     able to operate more efficiently and safely into airports 
     with contract towers, where FAA-operated towers would 
     otherwise not be available due to prohibitive costs. The 
     conferees are concerned, however, that the traffic counts 
     used to establish eligibility for the contract tower program, 
     and for establishment of certain navigation aids, are 
     erroneous in that certain part 121 operations, including 
     regional jets, are not being classified as air carrier 
     operations. After promulgation of FAA's ``one level of 
     safety'' rule, the conferees believe that such a distinction 
     is no longer justified. The FAA is urged to change promptly 
     its traffic count methodology to conform to the changes in 
     operator classification brought about by the one level of 
     safety rulemaking.
       Specific designations for the contract tower program.--The 
     conferees do not agree with Senate direction to include 
     certain airports in the contract tower program. However, the 
     conferees understand that the Boca Raton, Olive Branch, 
     Henderson, and Tupelo Municipal airports are eligible for 
     this program, and encourage FAA to include those airports in 
     the program if they meet eligibility criteria.
       Implementation of the whistleblower protection program.--
     The conferees direct that, not later than eighteen months 
     after enactment of this Act, the Secretary of Transportation, 
     in conjunction with the Secretary of Labor, report to the 
     House and Senate Committees on Appropriations on measures to 
     assure effective implementation of section 519 of Public Law 
     106-181. This report shall include a description of the 
     initial implementation of the whistleblower protection 
     program and recommendations to strengthen the enforcement of 
     such provisions. The study shall be performed by a firm with 
     recent experience analyzing employee protection provisions in 
     the transportation sector.
       Civil aviation security activities and operations.--
     Continuing reports of the General Accounting Office, the DOT 
     Office of Inspector General, and the Surveys and 
     Investigations staff of the House Appropriations Committee 
     highlight a number of serious problems in FAA's civil 
     aviation security activities which need to be addressed. A 
     lack of strong management and planning has led to a haphazard 
     and minimal deployment of explosive detection systems at our 
     nation's airports, as well as underutilization of the 
     machines which are deployed; specifications for bomb 
     detection equipment driven by political considerations rather 
     than security expertise; unnecessary tension between FAA and 
     airport security officials in some locations; and lack of 
     management attention and corrective action after field tests, 
     including safety issues raised by FAA's special ``red team'' 
     conducting undercover assessments at major airports. The 
     conferees cannot provide the entire funding increase 
     requested by this organization in the face of these 
     continuing problems, and expects FAA to address these 
     management issues expeditiously. The conference agreement 
     also directs FAA to submit a comprehensive strategic plan for 
     the civil aviation security program, as proposed by the 
     Senate. The FAA is encouraged to include comprehensive 
     details in this plan regarding specific goals and objectives 
     for the program for each of the next five years.
       GPS implementation and procedures.--The conferees agree to 
     transfer to this account $2,200,000 from ``Facilities and 
     equipment''. This funding was budgeted for the development of 
     GPS approach procedures as part of the GPS wide area 
     augmentation system (WAAS) program. However, this activity is 
     apparently not related to development of WAAS, but is a 
     routine operating expense of the agency. As such, these 
     expenditures should be contained in the agency's operating 
     budget. In addition, the conference agreement includes 
     $3,000,000 only for implementation of a navigation database 
     with internet access for users.
       Administration of potential shortfall due to EAS 
     transfer.--The conferees do not agree with House direction 
     specifying that any shortfall in operations funding due to 
     transfer of funds to the essential air service (EAS) program 
     should be borne by the ``Facilities and equipment'' 
     appropriation.
       Regulation of flight crew operating environment.--The 
     conferees are pleased that the FAA and the Occupational 
     Safety and Health Administration (OSHA) recently initiated a 
     joint effort to consider whether OSHA workplace safety 
     standards can be applied to airline crewmembers during flight 
     operations. Enhancing workplace safety for flight crewmembers 
     is, of course, desirable. While the conferees recognize the 
     importance of FAA and OSHA working together to ensure that 
     one agency does not unnecessarily block application of the 
     other's regulations, the conferees believe it is imperative 
     that FAA maintain exclusive responsibility for the regulation 
     and enforcement of policies which affect the safety of flight 
     operations. If, in the FAA's view, an OSHA-proposed workplace 
     safety and health regulation would compromise the safe 
     operation of aircraft, in the overriding interest of aviation 
     safety, the FAA's view should predominate.
       Airspace redesign.--The conference agreement includes 
     $8,500,000 for the New York/New Jersey airspace redesign and 
     concurs in the directive of the Senate regarding the 
     reprogramming of these funds.

[[Page 21147]]

       The following table compares the conference agreement to 
     the levels proposed in the House and Senate bills by budget 
     activity:

[[Page 21148]]

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[[Page 21149]]

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[[Page 21150]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.004
     


[[Page 21151]]

                        facilities and equipment

                    (airport and airway trust fund)

       The conference agreement provides $2,656,765,000 for 
     facilities and equipment as proposed by the House and the 
     Senate. This is the level authorized by Public Law 106-181, 
     and represents an increase of $581,765,000 (28 percent) above 
     the fiscal year 2000 enacted level.
       The following table provides a breakdown of the House and 
     Senate bills and the conference agreement by program:

[[Page 21152]]

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[[Page 21153]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.006
     


[[Page 21154]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.007
     


[[Page 21155]]

       Advanced technology development and prototyping.--The 
     conference agreement includes $56,600,000 for advanced 
     technology development and prototyping, to be distributed as 
     follows:

----------------------------------------------------------------------------------------------------------------
                                                                    House            Senate         Conference
                             Item                                recommended      recommended       agreement
----------------------------------------------------------------------------------------------------------------
Items in budget..............................................      $40,620,000      $28,868,000      $40,000,000
Airport research.............................................        7,380,000        7,380,000        7,380,000
Concrete pavement research...................................        2,000,000        2,000,000        2,000,000
UWB/GPS......................................................                0        2,600,000        2,600,000
GPS anti-jamming.............................................                0        1,000,000        1,000,000
Runway incursion activities..................................                0                0        3,500,000
                                                              --------------------------------------------------
      Total..................................................       50,000,000       45,848,000       56,600,000
----------------------------------------------------------------------------------------------------------------

       The conference agreement includes $5,000,000 for the runway 
     incursion reduction program, compared to $1,500,000 in the 
     budget estimate. The additional funds are needed to address 
     nationwide technology initiatives recommended by the National 
     Runway Safety Summit in June 2000, and should not be 
     reprogrammed to any other project or activity. Of the funds 
     provided under ``Airport research'', $2,000,000 is for 
     airfield pavement improvement activities authorized under 
     sections 905 and 743 of Public Law 106-181.
       The $2,600,000 for ultra-wide band (UWB)/GPS work is 
     provided to assess the vulnerability of aviation uses of the 
     GPS signal to interference from electronic devices. New 
     initiatives in this area should be coordinated with all 
     appropriate stakeholders in industry, the National 
     Telecommunications and Information Agency, the Department of 
     Defense, the U.S. Congress, and the Federal Communications 
     Commission. In addition, $1,000,000 is available for anti-
     jamming initiatives, to improve the resilience of the GPS 
     signal to jamming through improved antennae, signal 
     processing technology, or other means.
       Safe flight 21.--The conference agreement provides 
     $35,000,000 for the safe flight 21 program, as proposed by 
     the Senate, and agrees to the Senate's allocation of those 
     additional funds. The conferees direct that, of the funds 
     provided for the Ohio Valley portion of this program, not 
     less than $1,000,000 shall be for a safety study assessing 
     the relative safety benefits of ADS-B technology, including 
     an assessment of the use of ADS-B for conflict detection and 
     resolution. In addition, the conferees encourage FAA to 
     schedule a near-term evaluation of the potential use of ADS-B 
     technology to address the runway incursion problem.
       Aviation weather services improvements.--The additional 
     $3,000,000 provided for this program is to support the 
     collaborative effort between FAA and NOAA's National Severe 
     Storms Laboratory to continue research and testing of phased 
     array radar technology and to incorporate airport/aircraft 
     tracking and weather information. Funding of $10,000,000 was 
     provided for this program in the Department of Defense 
     Appropriations Act, 2000.
       Aeronautical datalink applications.--The conferees do not 
     agree with Senate direction regarding the qualifications for 
     a contractor for air-to-ground communications.
       Static transfer switches.--The conferees understand that 
     the FAA administrator has identified funding to complete 
     procurement under the existing contract to supply en route 
     centers with static transfer switches. These switches enable 
     the centers to switch in back-up power quickly enough to 
     prevent computers from ``crashing,'' and replace equipment 
     which lacks this important capability. The conferees support 
     funding for this procurement.
       Free flight phase one.--Of the funds provided for this 
     program, $3,000,000 is to implement the departure spacing 
     program (DSP) to support Dulles International Airport, as 
     proposed by the House, and $4,500,000 is for the program 
     proposed by the Senate to implement DSP for the New York/New 
     Jersey metropolitan area. The amount provided includes the 
     sums necessary for the installation of bar-coded strips at 
     the airports identified in the Senate report. DSP funds 
     should not be reprogrammed to other regions or activities.
       Terminal automation.--The conference agreement provides 
     $117,000,000 for this program, instead of $114,850,000 
     proposed by the House and $116,850,000 proposed by the 
     Senate. Funding is included to install and commission DBRITE 
     systems at Mid-Delta Airport in Mississippi, and at 
     Gainesville Regional and Boca Raton airports in Florida. The 
     conferees understand that existing DBRITE systems are 
     available for redeployment to new sites as a result of other 
     modernization activities.
       Distance measuring equipment (DME).--The amount provided 
     above the request for this program shall be for the 
     installation of DME on runway 11 at Newark International 
     Airport.
       En route communications and control facilities.--Of the 
     funds provided, $3,200,000 is only for relocation of RTR-A 
     and RTR-D radar facilities at Lambert-St. Louis International 
     Airport in Missouri.
       Air traffic control tower and Tracon improvements.--Of the 
     funds provided, $1,500,000 is to continue the cable loop 
     relocation project at Lambert-St. Louis International Airport 
     in Missouri.
       Instrument landing system establishment/upgrade.--Funding 
     provided for instrument landing systems (ILS) shall be 
     distributed as follows:

        Location                                                 Amount
Activities in President's budget............................$16,000,000
National replacement program (categories I/II/III)...........22,325,000
Lonesome Pine Airport, VA.....................................1,000,000
Jimmy Stewart Airport, PA.......................................855,000
Lafayette Regional Airport, LA................................1,000,000
Statesboro-Bulloch County Airport, GA.........................1,797,000
Buffalo Niagara, NY (ILS/MALSR)...............................3,798,000
Searcy Airport, AR............................................2,000,000
Dulles International, VA (DME)..................................300,000
Wichita MidContinent, KS......................................1,100,000
Colonel James Jabara Airport, KS..............................1,100,000
Cleveland Hopkins International, OH...........................4,000,000
Orlando International, FL (install category III)..............2,000,000
Meridian/Key Field, MS........................................2,000,000
Atlanta Hartsfield International, GA (5th runway).............4,000,000
Evanston Airport, WY..........................................2,500,000
Muscatine Municipal Airport, IA...............................1,600,000
Kalealoa Airport, HI..........................................2,300,000
Decatur Airport, AL...........................................1,000,000
Gulf Shores Municipal, AL.....................................1,300,000
Lehigh Valley International, PA...............................2,000,000
Klawock Airport, AK...........................................1,000,000
Mexico Airport, MO............................................2,000,000
Harry Browne Airport, MI......................................1,000,000
Wexford County Airport, MI....................................1,500,000
London-Corbin Airport, KY.....................................2,000,000
Somerset Airport, KY (localizer/NDB)............................500,000
Newport News-Williamsburg Airport, VA.........................2,000,000
Sierra Blanca Regional Airport, NM..............................350,000
Minneapolis-St. Paul International, MN (localizer/glideslope)...675,000
    Total....................................................85,000,000

       The FAA recently signed a multiyear contract for additional 
     instrument landing systems. The conferees direct FAA to 
     initiate no less than two ILS demonstration projects which 
     permit the manufacturer and airports expedited and full 
     procurement, project management, and installation authority. 
     This type of ``turnkey'' approach will allow an assessment of 
     the potential for added cost savings and schedule 
     efficiencies compared to traditional FAA acquisitions.
       Runway visual range.--Of the $8,000,000 provided for this 
     program, $1,300,000 is for items cited in the Senate report, 
     $250,000 is for RVR equipment at the Minneapolis-St. Paul 
     International Airport in Minnesota, and $5,000,000 is for 
     continued acquisition of next generation RVR systems.
       Voice switching and control system (VSCS).--The conference 
     agreement provides $2,700,000 in this budget line for 
     activities to address the audio clipping, automatic gain 
     control, and tone notching problems found in FAA voice 
     switches. The funding is designed, in part, to address 
     recommendations of FAA's AOS-510 organization in Oklahoma 
     City concerning the rapid deployment voice switch (RDVS), as 
     well as provide solutions for these problems in the ICSS, 
     ETVS, and VSCS switching systems. The conferees understand 
     that a single, commercial-off-the-shelf system may be 
     available to address these problems in all of the systems 
     mentioned.
       Precision runway monitors.--The conference agreement does 
     not include funding to install a precision runway monitor 
     (PRM) at Newark International Airport as proposed by the 
     Senate. The conferees recognize that the procurement of this 
     equipment is premature at this time. The conferees note, 
     however, that one of the Administrator's new ``choke point'' 
     initiatives includes measures to increase the efficiency of 
     air traffic flows and reduce airspace complexity for aircraft 
     destined to New York and New Jersey. This initiative will 
     facilitate the development of arrival procedures at Newark 
     International that could reduce ATC delays once a PRM with 
     accompanying LDA and glideslope is installed. As such, the 
     conferees direct the Administrator to continue to work with 
     the relevant aviation authorities in the region toward the 
     installation of a PRM and LDA with glideslope at Newark 
     International Airport once the ``choke points'' initiative is 
     fully implemented. Toward that end, the conferees expect the 
     Administrator to continue to work toward the completion of 
     all necessary environmental analyses so that this 
     installation can take place as soon as possible.
       Terminal voice switch replacement.--The conferees agree to 
     provide $14,000,000 for this program, and direct FAA not to 
     reprogram any of those resources without Congressional 
     approval.
       Houston area air traffic system.--The conference agreement 
     includes $12,000,000 in initial funding for the Houston area 
     air traffic system (HAATS). These funds shall be under 
     administrative control of the FAA Southwest Region, which is 
     the charter holder for

[[Page 21156]]

     this important capacity enhancement program. Funds are 
     intended for instrument landing systems and other facilities 
     and equipment necessary to carry out the program, and shall 
     not be reprogrammed without Congressional approval. The 
     conferees are aware that FAA has approved the record of 
     decision for a major capacity expansion at Houston area 
     airports. To ensure that the required navigation and landing 
     aids, radar positions, and related equipment is provided in a 
     timely manner, FAA established a special charter for this 
     program, giving overall program responsibility to the 
     Southwest Region. This is similar to past charter programs in 
     Dallas, Atlanta, Austin, and Northern Virginia. In the case 
     of Houston, however, the FAA has neglected to provide funding 
     for the program. The conference agreement corrects this 
     oversight.
       Low-cost airport surface detection equipment.--The 
     conferees agree to provide $8,400,000 for the low-cost 
     airport surface detection equipment (ASDE) program as 
     proposed by the Senate, instead of $15,000,000 as proposed by 
     the House, and do not agree with House direction regarding 
     contracting strategies for this program. The conferees agree 
     with the House that runway incursions are an urgent safety 
     issue which should be rapidly addressed, in part, through the 
     application of modern technology. Disappointingly, however, 
     the FAA has not put forward a viable or affordable program 
     worthy of Congressional support. In response to Congressional 
     direction to develop a low-cost alternative to today's ASDE-3 
     system, the agency proposes one twice as expensive and 
     designed for lower-activity airports. In response to 
     direction requiring ten systems in the field by September 
     2002, the agency proposes one reaching that capability three 
     years later. In addition to these programmatic concerns, the 
     conferees are not convinced of the agency's commitment to 
     this program. Although the FAA Administrator announced in 
     June 2000 that 25 low-cost ASDE systems would be acquired, 
     the agency's five-year capital plan submitted two months 
     later provides less than half the resources necessary to 
     accomplish that goal. In addition, the agency has steadfastly 
     refused to support the additional funding recommended by the 
     House for the coming fiscal year. The conferees cannot 
     responsibly provide additional first-year funding for this 
     program until the agency demonstrates the long-term 
     commitment of resources and the leadership needed to carry it 
     to fruition. In lieu of funds for an acquisition which the 
     agency does not yet support, the conferees have provided an 
     additional $3,500,000 in advanced development funds for 
     runway incursion technology initiatives.
       Terminal air traffic control facilities replacement.--The 
     conference agreement includes $145,492,606 for replacement of 
     air traffic control towers and other terminal facilities. The 
     agreement distributes these funds as follows:

                          Location and Amount

Vero Beach, FL...............................................$5,600,000
Albert Whitted, FL...............................................75,000
Dayton International, OH......................................4,000,000
WK Kellogg, MI................................................2,000,000
Sky Harbor, AZ................................................9,000,000
Cleveland, OH.................................................3,000,000
Richmond, VA..................................................5,700,000
Martin State, MD..............................................1,000,000
Medford, OR...................................................1,000,000
Billings Logan, MT............................................2,000,000
Grand Canyon, AZ................................................267,000
Missoula, MT....................................................500,000
Pangborn, WA..................................................1,000,000
Paine Field, WA...............................................1,000,000
McArthur Airport, NY............................................750,000
Rogue Valley, OR..............................................1,425,500
Fort Wayne, IN................................................2,000,000
Cheyenne, WY..................................................1,450,000
Morristown, NJ................................................2,500,000
Oakland, CA..................................................23,912,347
LaGuardia, NY................................................23,440,000
Boston, MA...................................................24,936,914
Savannah, GA..................................................7,741,015
Topeka, KS....................................................4,361,840
St. Louis, MO.................................................3,317,000
Newark, NJ....................................................2,407,500
Roanoke, VA...................................................2,140,000
Birmingham, AL................................................1,359,540
Pt. Columbus, OH..............................................1,000,000
Wilkes-Barre, PA................................................959,200
Houston Hobby, TX...............................................818,550
Champaign, IL...................................................749,000
Little Rock, AR.................................................642,000
Bedford, MA.....................................................535,000
Newburgh, NY..................................................1,000,000
Merrill Field, AK...............................................321,000
Wilmington, DE..................................................305,000
Salina, KS......................................................267,500
N. Las Vegas, NV................................................214,000
Orlando, FL.....................................................177,900
Atlanta, GA.....................................................167,900
Chantilly, VA....................................................75,000
Gulfport, MS.....................................................75,000
Kalamazoo, MI....................................................75,000
Deer Valley, AZ..................................................75,000
Broomfield, CO...................................................75,000
Miami, FL........................................................51,900
Seattle, WA......................................................25,000
  Total.................................................... 145,492,606

       Richmond airport traffic control tower, VA.--The Richmond 
     International Airport is in the midst of a terminal expansion 
     program which requires a new airport control tower to be 
     operational by 2002. While the FAA supports construction of a 
     new tower, the agency estimates that, using its normal 
     procedures, the agency would not complete the tower until the 
     year 2004, delaying the capacity expansion program by two 
     years. Since Richmond believes it can meet the schedule if it 
     manages this project, the conferees direct FAA to explore 
     construction of the replacement tower under a construction 
     agreement or other transaction authority with the Richmond 
     International Airport, pursuant to which the airport would 
     construct the tower, using predominantly FAA funding, and FAA 
     would own, operate, and maintain the facility.
       Morristown airport traffic control tower, NJ.--The 
     conference agreement includes $2,500,000 for the construction 
     of a replacement air traffic control tower at the Morristown, 
     New Jersey airport. The conferees recognize that the current 
     tower is deteriorating rapidly and needs to be replaced as 
     soon as possible. Toward that end, the conferees direct the 
     FAA Administrator to enter into a reimbursable agreement with 
     the airport through which the remaining construction costs 
     borne by the airport will be reimbursed by the FAA over the 
     next few years.
       Airport surveillance radar (ASR-9).--The conferees provide 
     $11,122,000 for this program as proposed by the House, of 
     which $4,000,000 is for the radar system specified in the 
     House report for Palm Springs Airport in California. The 
     conferees agree not to specify additional systems for 
     acquisition at this time, but direct the FAA to initiate or 
     continue preliminary site surveys and other necessary studies 
     for locations cited in the Senate report as well as Cherry 
     Capital Airport in Michigan, Gainesville Regional Airport in 
     Florida, and Jackson Hole Airport in Wyoming. Funds for these 
     studies may be derived either from this budget line or from 
     funds provided for terminal digital radar (ASR-11) 
     implementation. The conferees understand that the FAA has 
     committed to installing a TARDIS unit at the Gainesville 
     Regional Airport and direct the FAA to move expeditiously to 
     install this equipment as an interim solution to the 
     airport's radar needs. In addition, $2,400,000 of the funding 
     provided is for removal and relocation of the existing ASR-9 
     radar system at Lambert-St. Louis International Airport in 
     Missouri.
       Puget Sound radar shortcomings.--The conferees direct the 
     FAA Administrator to conduct a study assessing the best means 
     of correcting shortcomings related to deficient radar 
     coverage in the southern Puget Sound airspace in the State of 
     Washington.
       Voice recorder replacement program.--The conference 
     agreement provides $3,632,000 for this program as proposed by 
     the Senate instead of $2,632,000 as proposed by the House. 
     With these additional funds, the FAA is directed to conduct 
     the study cited in the Senate report regarding deployable 
     flight data recorders and support the FAA Technical Center's 
     ``integrated aircraft data collection and reporting'' project 
     to develop an improved method of collecting, storing, and 
     analyzing critical aircraft flight data by ground-based 
     means.
       Automated surface observing system (ASOS).--The conferees 
     agree to provide $11,500,000 for this program instead of 
     $8,213,900 proposed by the House and $13,213,900 proposed by 
     the Senate. Of the funds provided, $80,000 is for 
     installation of an automated weather observing system at 
     Monticello Airport in Wayne County, Kentucky and $100,000 is 
     for installation of an AWOS III system at Dexter Airport in 
     Arkadelphia, Arkansas. Funding is also included for 
     installation of an automated weather sensor system (AWSS) for 
     Owensboro-Daviess County Airport in Kentucky.
       Approach lighting system improvement program (ALSIP).--The 
     conference agreement provides $30,000,000 for this program, 
     to be distributed as follows:

----------------------------------------------------------------------------------------------------------------
                           Location                                 House            Senate         Agreement
----------------------------------------------------------------------------------------------------------------
Activities in President's budget.............................       $1,040,000       $1,100,000       $1,040,000
ALSF-2 acquisition...........................................        9,575,000  ...............        3,400,000
MALSR acquisition............................................        3,500,000  ...............        2,025,000
ALSIP Newport & North Bend, OR...............................        4,000,000        3,500,000        3,500,000
ALSF-2 Cleveland Intl, OH....................................        3,000,000  ...............        3,000,000
ALSF-2 Minneapolis-St. Paul Intl, MN.........................  ...............  ...............        1,500,000
MALSR Starkville, MS.........................................          560,000  ...............          560,000
MALSR, Millington, TN........................................          425,000  ...............          425,000
MALSR install runway 34L, Salt Lake City, UT.................        3,000,000        3,000,000        3,000,000
MALSR/REIL Monroe Cty, NC....................................        1,000,000  ...............        1,000,000
Meridian/Key Field MALSR, MS.................................  ...............        2,300,000        2,300,000
Atlanta Hartsfield, GA.......................................  ...............        2,300,000        1,500,000
Juneau Airport, AK...........................................  ...............        2,000,000        1,500,000
Las Cruces International, NM.................................  ...............        2,750,000        1,600,000
Bethel Airport, AK...........................................  ...............        2,000,000        1,500,000
Saginaw MBS Intl, MI.........................................  ...............          500,000          500,000
MALSR, Baton Rouge, LA.......................................  ...............        2,000,000        1,500,000
Taxiway lighting system, Gadsden Airport Industrial Park, AL.  ...............  ...............          150,000
                                                              --------------------------------------------------
      Total..................................................       26,100,000       21,450,000       30,000,000
----------------------------------------------------------------------------------------------------------------

       Aviation access, remote locations in Alaska.--The conferees 
     note that most remote Alaska villages do not have access to 
     hospitals or clinics because they are not connected to the 
     road system. Therefore, they must rely on

[[Page 21157]]

     aircraft medevacs in the event of a medical emergency. The 
     conferees have been informed that an air evacuation of a 
     heart attack victim was delayed for three days because the 
     village of Hoonah lacked navigational aids, and that medevacs 
     in winter months are restricted to just a few hours of 
     daylight because communities lack runway lights. The 
     Administrator is directed to work with the Indian Health 
     Service and the Coast Guard to determine the extent of this 
     problem, and similar access problems in other remote 
     communities, and make recommendations to the House and Senate 
     Committees on Appropriations by March 1, 2001 on what steps 
     should be taken.
       Explosive detection systems.--The conferees agree to 
     provide $99,500,000 for the acquisition and deployment of 
     explosive detection systems at airports as proposed by the 
     Senate instead of $136,417,606 as proposed by the House. The 
     conference agreement distributes funds as shown below:

------------------------------------------------------------------------
                                       FY 2001 budget      Conference
              Activity                    estimate          agreement
------------------------------------------------------------------------
Bulk EDS systems....................       $31,200,000       $40,000,000
Trace detection systems.............        15,200,000        12,000,000
Threat image projection (TIP)               25,320,000        22,000,000
 systems............................
Threat containment units............           750,000  ................
Computer-based training (CBT)         ................         2,000,000
 systems............................
System integration..................        25,030,000        21,500,000
SAFPAS..............................  ................         2,000,000
                                     -----------------------------------
      Total.........................        97,500,000        99,500,000
------------------------------------------------------------------------

       Bulk explosive detection systems.--The conferees agree with 
     the concern of the House that FAA has not been successful at 
     developing a viable second source for the acquisition of bulk 
     EDS systems, several years after the program was initiated. 
     Competition among vendors is critical for minimizing 
     government costs and lowering technical risk, and FAA's lack 
     of enthusiasm for second source development continues to be 
     disappointing. A recent investigation of the House 
     Appropriations Committee's Surveys and Investigations staff 
     concluded that FAA has failed to use consistent criteria in 
     evaluating different vendors; has failed to formally document 
     test criteria and the basis for test decisions; and has 
     applied different performance standards to different vendors. 
     Some vendors have been allowed to deploy equipment to 
     airports without FAA certification; some have been required 
     to receive certification; and still others have not been 
     approved until completion of post-certification operational 
     tests. In all, it is clear that FAA has neither effectively 
     promoted competition nor evaluated different vendors fairly 
     against a single performance and testing standard. This has 
     resulted in a single vendor receiving contracts for an 
     overwhelming majority of systems, several years after 
     attempts were begun to develop a second source. The conferees 
     will not continue to provide funding for these important 
     machines unless a level playing field is established. 
     Although the conference agreement includes $40,000,000 for 
     bulk explosive detection systems, an increase of $8,800,000 
     above the budget estimate, the conferees direct that these 
     funds shall be made available in equal amounts to procure 
     explosive detection systems from both certified sources. 
     Further, the FAA shall not unduly delay contract awards to 
     either vendor, by ensuring that the timing of contract awards 
     to the two vendors are paired to the greatest extent 
     practicable.
       Strategic Alliance for Passenger Airline Safety.--As 
     proposed by the Senate, the conference agreement includes 
     $2,000,000 for the Strategic Alliance for Passenger Airline 
     Safety (SAFPAS) to conduct development, integration, 
     evaluation, and testing of the concept of remote airline 
     passenger check-in and baggage drop-off. If successful, this 
     could enhance airline passenger check-in efficiency as well 
     as enhance security by distributing the baggage screening 
     load across time and locations, allow for a more measured 
     flow of baggage and more time per bag for screening. This 
     could also reduce the pressure at airport security 
     checkpoints by reducing the number of bags being presented 
     immediately before flight departures.
       Center for advanced aviation systems development.--Within 
     the amount made available for this activity, adequate funding 
     has been provided to continue development of flight 
     management system procedures for Newark and Teterboro 
     airports, New Jersey.


                 Research, Engineering, and Development

                    (Airport and Airway Trust Fund)

       The conference agreement provides $187,000,000 for FAA 
     research, engineering, and development instead of 
     $184,366,000 as proposed by the House and $183,343,000 as 
     proposed by the Senate.
       The following table shows the distribution of funds in the 
     House and Senate bills and the conference agreement:

[[Page 21158]]

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[[Page 21159]]

       Security research.--The conferees encourage FAA's research 
     organization to work with the OST Office of Intelligence and 
     Security to consider FAA financial support of aviation-
     related activities conducted through that office. The Office 
     of Intelligence and Security is tasked with certain 
     responsibilities regarding critical infrastructure protection 
     and awareness. Since the large majority of DOT's critical 
     infrastructure is in the FAA, it may be appropriate for the 
     agency to support these activities financially.
       Strobe light evaluation.--The conferees direct FAA to 
     provide, out of available funds, up to $500,000 to conduct a 
     test program comparing how various runway approach lighting 
     systems affect a pilot's visual effectiveness during the 
     landing phase. FAA data indicate that ``steady burning'' 
     approach lights can cause temporary changes in pilot visual 
     acuity, which can affect the ability of the pilot to 
     determine objects at a distance.
       Propulsion and fuel systems.--Of the funds provided, 
     $1,500,000 is for the minimum octane fuel research cited in 
     the House report and $1,500,000 is for the Specialty Metals 
     Processing Consortium cited in the Senate report.
       Explosives and weapons detection.--The conference agreement 
     includes $42,606,000 as proposed by the Senate instead of 
     $37,460,000 as proposed by the House and included in the 
     budget estimate. Of this amount, $6,000,000 is to continue 
     development of the pulsed fast neutron analysis (PFNA) cargo 
     inspection system, as proposed by the Senate. No funds are 
     allocated to the Safe Skies initiative. Further, the 
     conference agreement provides $1,000,000 for the FAA to fund 
     dual use X-ray technology development at Huntsville 
     International Airport, Alabama, to facilitate the movement of 
     large amounts of palletized cargo through scanning systems 
     with very high levels of contraband and threat detection.
       Aging aircraft.--The conference agreement provides 
     $33,384,000 for this program instead of $29,384,000 as 
     proposed by the House and $34,684,000 as proposed by the 
     Senate. Of the funds provided, $5,000,000 is for the National 
     Institute for Aviation Research. The conferees have included 
     an increase of $1,000,000 above the budget request for the 
     Center for Aviation Systems Reliability (CASR); $1,000,000 
     above the budget request for activities of the engine 
     titanium consortium effort; and $10,000,000 for the 
     activities of the Airworthiness Assurance Center of 
     Excellence, including research at the non-destructive 
     inspection validation center.


                       Grants-in-Aid for Airports

                (Liquidation of Contract Authorization)

                      (Limitation on Obligations)

                    (Airport and Airway Trust Fund)

       The conference agreement includes a liquidating cash 
     appropriation of $3,200,000,000, as proposed by the House and 
     the Senate.
       Obligation limitation.--The conferees agree to an 
     obligation limitation of $3,200,000,000 for the ``Grants-in-
     aid for airports'' program as proposed by the House and the 
     Senate. This is the amount authorized by Public Law 106-181.
       High priority projects.--Of the funds covered by the 
     obligation limitation in this bill, the conferees direct FAA 
     to provide not less than the following funding levels, out of 
     available discretionary resources, for the following projects 
     in the corresponding amounts:

[[Page 21160]]

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[[Page 21161]]

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[[Page 21162]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.011
     


[[Page 21163]]

     [GRAPHIC] [TIFF OMITTED] TH05OC00.012
     


[[Page 21164]]

       The conferees further direct that the specific funding 
     allocated above shall not diminish or prejudice the 
     application of a specific airport or geographic region to 
     receive other AIP discretionary grants or multiyear letters 
     of intent.
       Cleveland Hopkins International Airport, OH.--The conferees 
     are aware of the need for further noise mitigation at 
     Cleveland Hopkins International Airport and of the City of 
     Cleveland's residential sound insulation program to address 
     this issue. Although the city is currently limited to caps 
     for residential and institutional noise set-aside funding, it 
     is expected that these caps will be withdrawn by the FAA 
     because of the significant increase being made available in 
     noise set-aside funding. Accordingly, the conferees urge FAA 
     to give strong consideration to the city's request for multi-
     year noise set-aside funding to address sound insulation 
     needs for homes and facilities around the airport.
       Minneapolis-St. Paul International Airport, MN.--The 
     conferees provide $10,000,000 for noise mitigation activities 
     for the westside of the new Minneapolis-St. Paul 
     International Airport north/south runway, pending FAA's 
     review of the noise impacts of the project.
       Denver noise mitigation study.--In House report 105-648, 
     the House Committee on Appropriations instructed FAA to work 
     with the Denver International Airport Study Coordination 
     Group, the DIA noise abatement office, and other affected 
     Colorado communities to identify measures, including changes 
     in flight patterns, which would reduce aircraft noise. In 
     addition to considering average noise levels (particularly in 
     communities with average noise levels over 65 LDN), the FAA 
     was instructed to address the specific altitude of Colorado 
     communities. The conferees urge FAA to continue to work with 
     these entities to resolve their concerns. The conferees 
     direct FAA to provide a letter report detailing its findings 
     and recommended actions to the House and Senate Committees on 
     Appropriations no later than August 1, 2001.
       Wilkes-Barre/Scranton International Airport, PA.--The 
     conference agreement provides discretionary funding of 
     $3,000,000 only for the Joseph M. McDade terminal facility at 
     the Wilkes-Barre/Scranton International Airport in 
     Pennsylvania.
       Letters of intent.--The conferees urge the FAA to award 
     letters of intent for multiyear capital projects at the 
     following airports:
       Location:
       Memphis International, TN
       Lambert-St. Louis International, MO
       Clearwater-St. Petersburg International, FL
       Piedmont Triad International, NC
       Anchorage International, AK
       George Bush Intercontinental, TX
       Orlando International, FL
       Baltimore-Washington International, MD
       Hartsfield-Atlanta International, GA
       Alliance Airport, TX
       Oakland Pontiac International, MI
       North Las Vegas, NV
       Cherry Capital Airport, MI
       Houston area letter of intent.--The conferees urge FAA to 
     give priority consideration to the letter of intent 
     application from the City of Houston. The city has proposed a 
     major expansion of airside capacity, with positive effects on 
     system delay and a favorable benefit-cost ratio, as part of a 
     larger airport expansion program largely financed by locally-
     generated funds.
       Lambert-St. Louis International Airport.--The conferees 
     encourage the FAA Administrator to award a supplemental 
     letter of intent for Lambert-St. Louis International Airport 
     in Missouri and include within the conference agreement 
     $10,000,000 in discretionary funding for the new W-1W runway 
     and related improvements at this airport.
       Piedmont Triad International Airport runway project.--The 
     Conferees direct the FAA to give full and immediate 
     consideration to the Piedmont Triad Airport Authority's 
     application for a letter of intent for construction of a 
     parallel runway (5L-23R) and related improvements. These 
     improvements will provide substantial capacity, safety and 
     economic benefits and will facilitate committed expansion of 
     operations at the airport.
       Hartsfield-Atlanta International Airport.--The conferees 
     are aware of the capacity and safety benefits that will 
     accrue from the addition of a fifth runway at Hartsfield-
     Atlanta International Airport. The conferees direct FAA to 
     give full and immediate consideration to the airport 
     authority's application for a letter of intent for 
     construction of a fifth runway.
       GPS approach development.--The confererence agreement does 
     not include the Senate's direction to make available 
     $4,500,000 of administrative funds only for the development 
     of GPS approaches. Funding for this activity is provided in 
     other appropriations.


                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of unused 
     contract authority totaling $579,000,000, as proposed by both 
     the House and the Senate. These funds are above the annual 
     obligation ceiling for fiscal year 2000, and remain 
     unavailable to the program.


                   aviation insurance revolving fund

       The conference agreement retains language authorizing 
     expenditures and investments from the Aviation Insurance 
     Revolving Fund for aviation insurance activities, as proposed 
     by both the House and the Senate. This provision has been 
     carried in appropriations Acts for many years.

                     Federal Highway Administration


                 limitation on administrative expenses

       The conference agreement limits administrative expenses of 
     the Federal Highway Administration (FHWA) to $295,119,000, 
     instead of $290,115,000 as proposed by the House and 
     $386,658,000 as proposed by the Senate.
       The conference agreement provides that certain sums be made 
     available under section 104(a) of title 23, U.S.C. to carry 
     out specified activities, as follows: $4,000,000 shall be 
     available for commercial remote sensing products and spatial 
     information technologies under section 5113 of Public Law 
     105-178, as amended; $10,000,000 shall be available for the 
     national historic covered bridge preservation program under 
     section 1224 of Public Law 105-178, as amended; $5,000,000 
     shall be available for the construction and improvement of 
     the Alabama State Docks; $10,000,000 shall be available to 
     Auburn University for the Center for Transportation 
     Technology; $7,500,000 shall be made available for ``Child 
     Passenger Protection Education Grants'' under section 2003(b) 
     of Public Law 105-178, as amended; and $25,000,000 shall be 
     available for the transportation and community and system 
     preservation program under section 1221 of Public Law 105-
     178, as amended.
       The recommended distribution by program and activity of the 
     funding provided for FHWA's administrative expenses is as 
     follows:
FHWA administrative expenses...............................$315,834,000
  Undistributed reduction in administrative expenses.........-1,000,000
Defer information technology increases pending CIO review....-2,400,000
Defer increases for workplace development....................-4,330,000
Delete funding requested for rural transportation planning in-1,000,000
Eliminate funding for climate change center..................-1,000,000
Deny funding for national rural development partnership program-500,000
Delete funding for the Garret A. Morgan program................-688,000
Delete funding for 2 new FTE for small and disadvantaged business 
  activities...................................................-230,000
Deny funding for development of regional transportation plan for the 
  Mississippi River Delta initiative.........................-1,000,000
Delete funding for ``working better together'' activities......-500,000
Provide $1,000,000 for the office of intermodalism.............-317,000
Deny increases for technology transfer and sharing activities-5,000,000
Disallow funds for the national personal transportation surve-4,750,000
Congestion mitigation and suburban mobility initiative.......+2,000,000
       National personal transportation survey.--The conference 
     agreement does not include additional resources for the 
     national personal transportation survey within FHWA's 
     limitation on administrative expenses. Funds have been 
     provided within policy research and the Bureau of 
     Transportation Statistics to continue the national personal 
     transportation survey in fiscal year 2001.
       International trade data systems.--The conference agreement 
     includes $1,620,000, as requested, for international trade 
     data systems. The conferees agree with the direction of the 
     House to provide the House and Senate Committees on 
     Appropriations by February 1, 2001 a detailed cost estimate 
     for the development and deployment of the complete system, 
     including cost sharing by other participating federal, state 
     and local agencies, and a schedule for full deployment. The 
     conferees encourage the FHWA within the funds provided for 
     this activity to conduct a study on transportation issues 
     emerging from NAFTA with the University of Texas at El Paso 
     and Dowling College of Long Island, New York, and to work 
     with the Arctic Council to identify opportunities for 
     international cooperation and development in the circumpolar 
     region.
       Research and development administrative expenses.--The 
     level provided for administrative expenses of the FHWA shall 
     include funding, as proposed by the House, to support various 
     administrative activities that were requested within the 
     research and technology programs.
       Inspector General cost reimbursements.--The conference 
     agreement provides up to $3,524,000 for Inspector General 
     audit cost reimbursements. These funds are transferred from 
     FHWA's administrative takedown as

[[Page 21165]]

     authorized under section 104(a) of title 23 to the office of 
     the inspector general.
       Corporate average fuel economy.--Up to $1,000,000 is 
     provided under this heading to conduct a study of corporate 
     average fuel economy standards. This study is more fully 
     discussed under ``National Highway Traffic Safety 
     Administration, Operations and research.''
       Dual logos on interstate signs.--The conferees understand 
     that in response to the establishment of shared facilities 
     for restaurants and other services along interstate highways, 
     there is growing interest in the placement of dual logos on 
     interstate signs to provide information to the traveling 
     public. The Commonwealth of Kentucky is considering a 
     demonstration project that would allow for the use of dual 
     logos in one slot on interstates marking gas, food and 
     lodging facilities. The conferees believe this proposal has 
     merit and direct the FHWA to approve Kentucky's request, 
     should it be submitted.
       New Jersey turnpike tremley point interchange.--The 
     conferees are aware of a proposal to construct a new truck-
     only interchange at exit 12A of the New Jersey Turnpike to 
     provide commercial vehicle access and to alleviate congestion 
     in Linden, New Jersey. The conferees stand in support of this 
     initiative and encourage the appropriate transportation 
     officials in the State of New Jersey to expedite construction 
     of this critically needed congestion mitigation project.
       Chesapeake and Delaware Canal.--The conferees direct the 
     Secretary of the Army, acting through the Chief of Engineers, 
     to remove lead-based paint from the St. Georges Bridge in 
     Delaware, to repaint the bridge, and to conduct an assessment 
     for rehabilitation of the bridge using available ``Operations 
     and maintenance'' general funds from Energy and Water 
     Development Appropriations Acts.


                 limitation on transportation research

       The conference agreement deletes the limitation on 
     transportation research of $437,250,000 proposed by the 
     House. Funding for transportation research programs and 
     activities is included within the overall limitation on 
     federal-aid highways, as proposed by the Senate.


                          federal-aid highways

       The conference agreement limits obligations for the 
     federal-aid highways program to $29,661,806,000 as proposed 
     by both the House and the Senate. The conference agreement 
     also includes the following limitations within the overall 
     limitation on obligations for the federal-aid highways 
     program as proposed by the Senate: $437,250,000 for 
     transportation research; $25,000,000 for the magnetic 
     levitation transportation technology deployment program; 
     $31,000,000 for the Bureau of Transportation Statistics; and 
     $218,000,000 for intelligent transportation systems. Within 
     the funds provided for magnetic levitation, not to exceed 
     $1,000,000 shall be available to the Federal Railroad 
     Administration for administrative expenses associated with 
     the program; not to exceed $1,500,000 shall be available to 
     the Federal Railroad Administration for ``Safety and 
     operations''; and not more than $1,000,000 shall be available 
     for low-speed magnetic levitation research and development. 
     The House bill contained no similar sub-limitations.
       The conference agreement also includes a provision which, 
     after deducting $156,486,491 for high priority projects; 
     $25,000,000 for the Indian reservation roads program; 
     $18,467,857 for the Woodrow Wilson Bridge; $10,000,000 for 
     commercial driver's license program under motor carrier 
     safety grants; and $1,735,039 for the Alaska Highway, 
     distributes revenue aligned budget authority directly to the 
     states consistent with each state's individual guaranteed 
     share under section 1105 of Public Law 105-178. This approach 
     is similar to the policy enacted for fiscal year 2000 and 
     maximizes the resources flowing to individual states.
       The conference agreement includes several provisions that 
     stipulate how funds apportioned under section 110 of title 
     23, U.S.C. to the states of Oklahoma, Mississippi, New York, 
     Nebraska, Alabama and California are to be allocated within 
     those states. The FHWA is directed to ensure that the state 
     departments of transportation of these states in no way 
     diminish their annual planned expenditures from their regular 
     federal-aid apportionment on the projects specified in this 
     conference agreement.
       Commonwealth of Kentucky.--The conferees expect the 
     Kentucky Transportation Cabinet to pre-finance the right-of-
     way phase for the Pennyrile Parkway Extension from 
     Hopkinsville to I-24 in Christian County, which is to be 
     funded from the state's annual allotment of federal national 
     highway system funds.
       Environmental streamlining pilot program.--The conferees 
     direct the Secretary of Transportation to designate the New 
     Hampshire I-93 corridor project (from Manchester to Salem) as 
     an environmental streamlining pilot project to demonstrate 
     timely identification and resolution of issues, flexible 
     mitigation strategies, and balanced decision-making. The 
     conferees further expect the FHWA's New Hampshire Division 
     Administrator, the Federal Transit Administration's Region 1 
     Administrator, the U.S. Environmental Protection Agency's 
     Region 1 Administrator, the U.S. Army Corps of Engineers 
     Northeast District Engineer, and the Fish and Wildlife 
     Service Regional Director to serve on this project's board of 
     directors and as principal partners for the duration of this 
     project. This pilot may serve as a model for the application 
     of ``project partnering'' to implement section 1309 of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     232-234).


                    surface transportation research

       Within the funds provided for surface transportation 
     research, the conference agreement includes $66,000,000 for 
     highway research and development for the following 
     activities:

Safety......................................................$15,000,000
Pavements....................................................15,000,000
Structures...................................................15,000,000
Environment...................................................6,200,000
Policy........................................................4,600,000
Planning and real estate......................................4,100,000
Advanced research...............................................900,000
Highway operations and asset management.......................5,200,000
                                                       ________________
                                                       
    Total....................................................66,000,000

       Within the funds provided for highway research and 
     development, the conferees encourage the FHWA to provide up 
     to $250,000 for continuation of the PM-10 study.
       Safety.--The conference agreement includes $15,000,000 for 
     safety research. FHWA is required to implement a 
     comprehensive research and technology program that will 
     ensure safety R&D and deployment activities receive at least 
     the same amount of funds that were provided in fiscal year 
     2000. Within the funds provided for safety research, the 
     conferees encourage the FHWA to expand its efforts to improve 
     traffic safety at various types of intersections. In 
     addition, the conferees encourage the FHWA to provide: up to 
     $500,000 to explore traffic striping technology improvements 
     which enhance reflectivity in heavy rain; up to $2,000,000 to 
     determine the effectiveness of Freezefree anti-icing systems; 
     up to $2,000,000 for cooperative research at the Western 
     Washington University Vehicle Research Institute for safety 
     and related initiatives; and up to $500,000 for rural bridge 
     safety research in cooperation with the Vermont Agency of 
     Transportation. Lastly, the conferees encourage the FHWA to 
     provide up to $1,800,000 to the Transportation Research 
     Institute at the George Washington University for multi-modal 
     crash analysis, simulation, and modeling for occupant 
     protection and human survivability; and for advanced research 
     into improving performance and safety of transportation 
     networks, including but not limited to information, 
     communications, command and control, and logistics at the 
     physical, operational and information levels.
       Pavements.--The conference agreement provides $15,000,000 
     for pavements research. Within the funds provided for 
     pavements research, the conferees encourage the FHWA to 
     provide: up to $750,000 for cement concrete pavement research 
     at Iowa State University's Transportation Research and 
     Education Center; up to $2,000,000 for alkali silica 
     reactivity research with lithium based technologies; up to 
     $2,000,000 for further research into the GSB-88 emulsified 
     sealer/binder treatment; up to $2,500,000 for the National 
     Center for Asphalt Technology Pavement Research at Auburn 
     University; up to $2,000,000 for a cooperative polymer 
     additive demonstration involving South Carolina State 
     University and Clemson University; and up to $1,000,000 for 
     geosynthetic material pavement research at the Western 
     Transportation Institute.
       Structures.--The conference agreement provides $15,000,000 
     for structures research. Within the funds provided for 
     structures research, the conferees encourage the FHWA to 
     provide: up to $2,000,000 for research at the Center for 
     Advanced Bridge Engineering at Wayne State University; up to 
     $2,000,000 for nondestructive testing research at the Utah 
     Transportation Center; up to $1,500,000 for advanced sensor 
     and inspection research at the New Mexico State University 
     Bridge Research Center; up to $2,000,000 for earthquake 
     hazards mitigation research at the University of Missouri-
     Rolla; up to $2,000,000 for related engineering research at 
     West Virginia University; up to $2,000,000 for polymer matrix 
     composite research for wood structures at the University of 
     Maine; up to $2,000,000 for a rustproofing and paint 
     technology transfer project using the I-110 bridge from I-10 
     to U.S. 90; and up to $1,500,000 for cooperative work with 
     the Transportation Research Center at the Washington State 
     University.
       Environment.--The conference agreement provides $6,200,000 
     for environmental research. Within the funds provided for 
     this research activity, the FHWA is encouraged to provide: up 
     to $1,000,000 for the Sustainable Transportation Systems Lab 
     and the National Center for Transportation Technology for 
     mitigation research for heavily-trafficked national parks; up 
     to $1,500,000 for a dust and persistent particulate abatement 
     demonstration study in Kotzebue, Alaska; and up to $1,000,000 
     to facilitate the air quality work at the National 
     Environmental Respiratory Center.
       Policy.--The conference agreement includes $4,600,000 for 
     policy research. Sufficient funding provided under this 
     activity, together with resources provided to the Bureau of 
     Transportation Statistics, shall

[[Page 21166]]

     allow for continued, undiminished work on the national 
     personal transportation survey. The conference agreement 
     deletes funding to continue or to revise the truck size and 
     weight study, as well as funding requested for research 
     cooperation with various international organizations. Both 
     the House and Senate Committees on Appropriations expect to 
     be consulted before future international agreements are 
     consummated by the department that are likely to require 
     financial support by the FHWA.
       Highway operations and asset management.--The conference 
     agreement provides $5,200,000 for highway operations and 
     asset management. Within the funds provided for this 
     activity, the conferees encourage the FHWA to provide: up to 
     $800,000 for innovative infrastructure financing best 
     practices research ongoing at the University of Southern 
     California; up to $1,000,000 for the road life research 
     program in New Mexico; and up to $2,000,000 for the Center 
     for Advanced Simulation Technology in New York and Auburn 
     University for continued work on a transportation management 
     plan.


                   intelligent transportation systems

       The conference agreement includes a total of $218,000,000 
     for intelligent transportation systems (ITS), of which 
     $118,000,000 is available for ITS deployment and $100,000,000 
     is for ITS research and development. Within the funds 
     available for intelligent transportation systems deployment, 
     the conference agreement provides that not less than the 
     following sums shall be available for intelligent 
     transportation projects in these specified areas:

                                                             Conference
        Project                                               agreement
Alameda-Contra Costa, California...............................$500,000
Aquidneck Island, Rhode Island..................................500,000
Austin, Texas...................................................250,000
Automated crash notification system, UAB......................1,000,000
Baton Rouge, Louisiana........................................1,000,000
Bay County, Florida...........................................1,500,000
Beaumont, Texas.................................................150,000
Bellingham, Washington..........................................350,000
Bloomington Township, Illinois..................................400,000
Calhoun County, Michigan........................................750,000
Carbondale, Pennsylvania......................................2,000,000
Cargo Mate, New Jersey..........................................750,000
Charlotte, North Carolina.......................................625,000
College Station, Texas........................................1,800,000
Commonwealth of Kentucky......................................1,500,000
Commonwealth of Virginia......................................5,500,000
Corpus Christi, Texas (vehicle dispatching)...................1,000,000
Delaware River Port Authority.................................1,250,000
DuPage County, Illinois.........................................500,000
Fargo, North Dakota...........................................1,000,000
Fort Collins, Colorado........................................1,250,000
Hattiesburg, Mississippi........................................500,000
Huntington Beach, California..................................1,250,000
Huntsville, Alabama...........................................3,000,000
I-70 West project, Colorado.....................................750,000
Inglewood, California...........................................600,000
Jackson, Mississippi..........................................1,000,000
Jefferson County, Colorado....................................4,250,000
Johnsonburg, Pennsylvania.....................................1,500,000
Kansas City, Missouri.........................................1,250,000
Lake County, Illinois...........................................450,000
Lewis & Clark trail, Montana....................................625,000
Montgomery County, Pennsylvania...............................2,000,000
Moscow, Idaho...................................................875,000
Muscle Shoals, Alabama........................................1,000,000
Nashville, Tennessee............................................500,000
New Jersey regional integration/TRANSCOM......................3,000,000
North Central Pennsylvania......................................750,000
North Las Vegas, Nevada.......................................1,800,000
Norwalk and Sante Fe Springs, California........................500,000
Oakland and Wayne Counties, Michigan..........................1,500,000
Pennsylvania Turnpike Commission..............................1,500,000
Philadelphia, Pennsylvania......................................500,000
Puget Sound regional fare collection, Washington..............2,500,000
Rensselaer County, New York.....................................500,000
Rochester, New York...........................................1,500,000
Sacramento County, California...................................875,000
Sacramento to Reno, I-80 corridor...............................100,000
Sacramento, California..........................................500,000
Salt Lake City (Olympic Games), Utah..........................1,000,000
San Antonio, Texas..............................................100,000
Santa Teresa, New Mexico........................................500,000
Schuylkill County, Pennsylvania.................................400,000
Seabrook, Texas...............................................1,200,000
Shreveport, Louisiana.........................................1,000,000
South Dakota commercial vehicle, ITS..........................1,250,000
Southeast Michigan..............................................500,000
Southhaven, Mississippi.........................................150,000
Spokane County, Washington....................................1,000,000
Springfield-Branson, Missouri...................................750,000
St. Louis, Missouri.............................................500,000
State of Alaska...............................................2,350,000
State of Arizona..............................................1,000,000
State of Connecticut..........................................3,000,000
State of Delaware.............................................1,000,000
State of Illinois.............................................1,000,000
State of Indiana (SAFE-T).....................................1,000,000
State of Iowa (traffic enforcement and transit)...............2,750,000
State of Maryland.............................................3,000,000
State of Minnesota............................................6,500,000
State of Missouri (rural).......................................750,000
State of Montana................................................750,000
State of Nebraska.............................................2,600,000
State of New Mexico.............................................750,000
State of North Carolina.......................................1,500,000
State of North Dakota...........................................500,000
State of Ohio.................................................2,000,000
State of Oklahoma.............................................1,000,000
State of Oregon.................................................750,000
State of South Carolina.......................................2,000,000
State of Tennessee............................................1,850,000
State of Utah.................................................1,500,000
State of Vermont................................................500,000
State of Wisconsin............................................1,000,000
Texas border phase I, Houston, Texas............................500,000
Tucson, Arizona...............................................1,250,000
Tuscaloosa, Alabama...........................................2,000,000
Vermont rural ITS.............................................1,500,000
Washington, DC area...........................................1,250,000
Washoe County, Nevada...........................................200,000
Wayne County, Michigan........................................5,000,000
Williamson County/Round Rock, Texas.............................250,000

       Projects selected for funding shall contribute to the 
     integration and interoperability of intelligent 
     transportation systems, consistent with the criteria set 
     forth in TEA21.
       District of Columbia.--The conference agreement includes 
     $1,250,000 for intelligent transportation systems in the 
     national capital region. Within the amount provided, the 
     conferees urge funding be made available to develop with 
     George Mason University a system which coordinates ITS 
     responses to major capital projects in Northern Virginia.
       Commonwealth of Virginia.--Within the $5,500,000 provided 
     for ITS projects in the Commonwealth of Virginia, $3,000,000 
     shall be for the I-81 corridor in the Shenandoah Valley and 
     southwestern Virginia to improve safety. The conferees are 
     encouraged by the opportunities to improve safety with ITS 
     programs such as the collection and distribution of real time 
     information, installation of dynamic message signs and safety 
     monitors, coordination of emergency response, and other 
     systems. The conferees expect the Virginia Department of 
     Transportation, working in partnership with Virginia 
     Polytechnic Institute, James Madison University, and George 
     Mason University, to accelerate timely solutions to improve 
     safety on the I-81 corridor.
       The conference agreement provides $100,000,000 for ITS 
     research and development activities, to be distributed by 
     activity as follows:
Research and development....................................$48,680,000
Operational tests............................................11,820,000
Evaluations...................................................7,750,000
Architecture and standards...................................13,750,000
Integration...................................................9,000,000
Program support...............................................9,000,000
                                                       ________________
                                                       
    Total...................................................100,000,000
       ITS standards, research, operational tests and 
     development.--Within the $100,000,000 provided for ITS 
     standards, research, operational tests and development, the 
     conference agreement includes, as proposed by the House, 
     $7,300,000 for commercial vehicle research and $30,000,000 
     for intelligent vehicle initiative research, of which 
     $5,000,000 shall be available for the initial phase of an 
     operational test to advance collision avoidance technologies 
     in the light vehicle platform. The conference agreement 
     deletes $600,000 identified in the Senate report to initiate 
     the design, engineering and installation of intelligent 
     transportation systems at railroad-highway crossings on rail 
     corridors.


               FERRY BOATS AND FERRY TERMINAL FACILITIES

       Within the funds available for ferry boats and ferry 
     terminal facilities, funds are to be available for the 
     following projects and activities:

        Project                                              Conference
Baylink ferry service, Vallejo, California...................$1,000,000
Broward County, Florida.......................................2,300,000
Cherry Grove, Long Island ferry boat dock, New York.............360,000
Curtis vessel replacement for Rockland and Vinal Haven, Maine...250,000
Dorena Ferry Mississippi River Crossing, Mississippi............500,000
Gees Bend ferry, Alabama......................................1,000,000
Greenport and Sag Harbor, New York, ferry service...............400,000
Jamaica Bay transportation hub, New York........................680,000
Fishers Island ferry terminal expansion, New London, Connectic1,250,000
Penns Landing dock improvements, Pennsylvania...................800,000
Port of Corpus Christi (North Harbor) ferry facility, Texas...1,000,000

[[Page 21167]]

Potomac river ferry, Virginia...................................660,000
Providence and Newport ferry, Rhode Island....................1,000,000
Provincetown, Massachusetts, terminal improvements..............300,000
Sandusky, Ohio, river ferry.....................................500,000
Savannah water taxi, Georgia....................................400,000
St. Johns River water taxi, Jacksonville, Florida...............500,000
State of Ohio ferries...........................................500,000
Treasure Island ferry service initiation and pier reconstruction, San 
  Francisco, California.......................................1,000,000


    magnetic levitation transportation technology deployment program

       The conference agreement provides a total of $25,000,000 
     for the high-speed magnetic levitation (maglev) technology 
     deployment program. Of this total, $1,000,000 is for the 
     Federal Railroad Administration (FRA) to administer the 
     program; $1,500,000 is transferred to FRA for safety and 
     operations activities; and $1,000,000 is for low-speed maglev 
     development.
       The conferees direct that $21,500,000 be transferred to FRA 
     for the deployment of high-speed maglev projects. Of this 
     total, the conference agreement recommends the following 
     amounts be made available for pre-construction planning and 
     environmental impact assessments:

Port Authority of Allegheny County, Pennsylvania: Pittsburgh 
  International Airport link.................................$5,000,000
Maryland Department of Transportation: Baltimore-Washington 
  International Airport-Washington, D.C. link.................1,000,000
California-Nevada Super Speed Train Commission: Las Vegas, NV to 
  Anaheim, CA.................................................1,000,000
Georgia/Atlanta Regional Commission: Atlanta, GA to Chattanoog1,000,000
Southern California Association of Governments: Los Angeles 
  International Airport to March Air Force Base...............1,000,000
Florida Department of Transportation..........................1,000,000
Greater New Orleans Expressway Commission.....................1,000,000

       The remaining funding ($10,500,000) shall be reserved for 
     the projects that the Department of Transportation selects 
     from among the seven candidates to continue in fiscal year 
     2001.
       Low-speed maglev program.--A total of $6,000,000 has been 
     allocated for low-speed maglev programs in fiscal year 2001. 
     This funding is comprised of $1,000,000 transferred from the 
     high-speed maglev program, instead of $3,000,000 as proposed 
     by the Senate, and $5,000,000 from section 3015(c) of Public 
     Law 105-178. This funding is to be allocated as follows:

Segmented rail phased induction electric magnetic motor (SERAPHIM) 
  project....................................................$2,000,000
Colorado Intermountain Fixed Guideway Authority Airport link p2,000,000
Pittsburgh, Pennsylvania airborne shuttle system..............2,000,000


           national corridor planning and development program

       Within the funds available for the national corridor 
     planning and development program, funds are to be available 
     for the following projects and activities:


        Project                                              Conference
Anniston Evacuation corridor, Calhoun County, Alabama........$3,000,000
Avalon Boulevard/405 Freeway interchange, Carson, California....875,000
Boca Raton traffic calming, Florida.............................500,000
City of North Ridgeville, Lorain County, Ohio grade crossing 
  improvements..................................................600,000
Coalfields expressway Virginia................................4,000,000
Coalfields expressway, West Virginia.........................10,000,000
Downtown Fitchburg Route 12 extension, Massachusetts..........2,000,000
Hatcher Pass (phase I), Alaska................................2,000,000
I-25 corridor from Alameda to Logan, Colorado.................4,000,000
I-29 Port of Entry, Union County, South Dakota................2,000,000
I-35 corridor expansion, Waco, Texas..........................1,325,000
I-5 South Medford interchange and Delta Park, Oregon..........1,000,000
I-65 upgrade, Clark County, Indiana...........................1,350,000
I-66, Somerset to London, Kentucky............................5,000,000
I-69 corridor, Louisiana......................................2,300,000
I-69 corridor, Texas..........................................3,000,000
I-74 bridge, Moline, Illinois.................................5,600,000
Madison County, KY 21 and I-75, Kentucky......................1,000,000
New Boston Road improvements, Mercer County, Illinois.........3,000,000
Radio Road overpass, City of Sulphur Springs, Texas...........1,350,000
Route 104, Virginia...........................................1,000,000
South Shore industrial safety overpass, Indiana...............4,750,000
Stevenson expressway, Illinois................................3,800,000
US 19, Florida...............................................10,000,000
US 25 improvements, Kentucky..................................2,000,000
US 321 and US 74, Gasden and Mecklenburg County, North Carolina.500,000
US 395 North Spokane corridor, Washington.....................1,000,000
US 43, Alabama................................................4,000,000
US 51 widening, Decatur, Illinois.............................1,350,000
US 95 (Milepost 522 to Canadian border), Idaho................1,900,000
US Route 2, New Hampshire.....................................1,500,000
US-61 (Avenue of the Saints), Missouri........................4,000,000
WI 29 (Chippewa Falls bypass, Wisconsin)......................3,000,000


      TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PROGRAM

       The conference agreement includes a total of $50,000,000 
     for the transportation and community and system preservation 
     program, of which $25,000,000 is derived from funds provided 
     under section 104(a) of title 23, United States Code. Within 
     the funds made available for the transportation and community 
     and system preservation program, funds are to be distributed 
     to the following projects and activities:


        Project                                              Conference
20/20 vision project in Concord, New Hampshire.................$500,000
Arkansas River, Wichita, Kansas, pedestrian transportation fac1,000,000
Bangor, Maine, intermodal hub facility planning, railroad crossing 
  signalization, bike and pedestrian trails.....................600,000
Bedford, New Hampshire, corridor planning.......................250,000
Billings, Montana, open/green space improvement project.........775,000
Bowling Green, Kentucky, Riverfront Development transportation 
  enhancements................................................1,000,000
Buckeye Greenbelt parkway beautification, Toledo, Ohio..........250,000
Burlington, Vermont, North Street and Church Street improvemen1,100,000
Chantry Flats Road, Sierra Madre, California....................600,000
Charleston, West Virginia, Kanawha Boulevard Walkway project..2,000,000
City of Angola and Steuben City, Indiana, bike path.............325,000
City of Bedminster, New Jersey, bike path.......................500,000
City of Coronado, California, mobility improvements.............600,000
City of Ferndale, Michigan, traffic signals......................50,000
Claiborne County, Mississippi, access road from US 61 to new port 
  facility......................................................400,000
Clay/Leslie County, Kentucky..................................2,000,000
Clovis, New Mexico, street revitalization.......................750,000
Community and environmental transportation acceptability process, 
  California..................................................1,000,000
Delong Mountain Alaska, airport access and related planning.....300,000
Downtown Omaha, Nebraska, access and redevelopment project......300,000
East Redoubt Avenue improvements, Soldotna, Alaska..............725,000
El Segundo, California, intermodal facility improvements......1,000,000
Elwood bicycle/pedestrian bridge, County of Santa Barbara, Calif250,000
Fairbanks, Alaska, downtown transit and cultural integration pla450,000
Fairfax cross county trail/Potomac National Heritage Scenic Trail, 
  Virginia......................................................500,000
Flint, Michigan, transportation planning and origin & destination 
  shipping study................................................150,000
Fort Worth, Texas, trolley study................................750,000
Heritage Corridor Project study, Illinois.......................200,000

[[Page 21168]]

High capacity transportation system study, Albuquerque, New Mexi500,000
Houston, Texas, Main Street Connectivity Project................750,000
Hudson River Waterfront Walkway, New Jersey...................2,000,000
Huffman Prairie Flying Field Pedestrian and Multimodal Gateway 
  Entrance, Dayton, Ohio........................................700,000
Humboldt Greenway project, Hennepin County, Minnesota.........1,000,000
Jackson traffic congestion mitigation planning, Mississippi.....600,000
Johnstown, Pennsylvania, pedestrian and streetscape improvements400,000
Kansas City, Missouri, Illus Davis Mall enhancements............350,000
Las Cruces, New Mexico railroad and transportation museum.......200,000
Lincoln Parish transportation plan, Louisiana.................1,500,000
Lodge freeway pedestrian overpass, Detroit, Michigan..........9,000,000
Manchester, Vermont, pedestrian initiative......................375,000
Marked Tree, Arkansas, to I-55 along U.S. Highway 63 improvements and 
  controlled access lanes.......................................600,000
Minnesota Trunk Highway 610/10 interchange construction at I-91,650,000
Mitchell Marina development, Greenport, New York................250,000
Mobile, Alabama, GM&O intermodal center/Amtrak station..........650,000
Montana DOT/Western Montana College statewide geological sign pr200,000
Montana statewide rail grade separation study and environmental 400,000
New Bedford, Massachusetts, North Terminal......................200,000
New Orleans, Louisiana, intermodal transportation research......950,000
NW 7th Avenue corridor improvement project, Miami, Florida......100,000
Ohio and Erie Canal corrdior trail development, Ohio..........1,000,000
Olympic Discovery Trail, Washington.............................580,000
Owensboro riverfront development project........................300,000
Palmer, Alaska, urban revitalization............................200,000
Park Avenue realignment, Borough of Flemington, New Jersey....1,175,000
Pedestrian and bicycle route projects, City of Henderson, Nevada375,000
Pedestrian improvements, Lake Cumberland Trail, Kentucky........100,000
Pioneer Courthouse Square lobby renovation project, Portland Ore400,000
Puget Sound freight mobility systems team project................20,000
Quincy, Illinois, 18th Street Bridge project....................300,000
Raton, New Mexico, rail depot/intermodal center redevelopment...750,000
Roberto Clemente Park pedestrian improvements, Pittsburgh, Penns600,000
Rockville, Maryland, Town Center accessibility improvement plan.250,000
Roseville, California, historic district revitalization project.500,000
Route 16 improvements, Ellenboro and Harrisville, West Virginia.250,000
Route 522 construction, Town of South Brunswick, New Jersey.....250,000
Satsop Development Park road improvements, Grays Harbor, Washi1,700,000
Soundview Greenway in the Bronx, New York, New York...........1,000,000
South Kingshighway business district pilot program, St. Louis Mi100,000
Springfield, Missouri, center city plan.........................750,000
SR 99 corridor improvements, Shoreline, Washington............1,000,000
Talkeetna, Alaska, parking lot/pedestrian safety access.........400,000
Tulsa/Sapula Union Railraod overpass at Oakridge Elementary School, 
  Oklahoma......................................................400,000
Uptown transportation management program, New Mexico............500,000
Utah-Coloralo ``Isolated Empire'' rail connector study..........500,000
Van Buren and Russelville, Arkansas, environmental assessments and 
  improvements................................................1,000,000
Virginia Beach, Virginia, bike trail............................400,000
Virginia weigh stations.......................................1,000,000
Walkable edgewater initiative, Chicago, Illinois................100,000
West Baden Springs preservation project, Indiana..............1,000,000
Wheeling, West Virginia, Victorian Village Transportation Initia500,000

       Weigh stations, Virginia.--Funding has been provided in the 
     conference agreement for two mobile weigh stations for the 
     Commonwealth of Virginia to curb illegal overweight trucks 
     using U.S. Route 50 and U.S. 17 (Crooked Run Valley) to 
     bypass the permanent weigh station on I-81. The conferees 
     expect that one such portable weigh station will be used in 
     this region, which includes Fauquier, Clarke and Loudoun 
     counties.


                      BRIDGE DISCRETIONARY PROGRAM

       Within the funds available for the bridge discretionary 
     program, funds are to be available for the following projects 
     and activities:


        Project                                              Conference
14th Street Bridge, Virginia.................................$5,000,000
Chouteau Bridge, Jackson County, Missouri.....................5,000,000
Clement C. Clay Bridge replacement, Morgan/Madison counties, A1,000,000
Fairfield-Benton-Kennecbec River Bridge, Maine................4,000,000
Florida Memorial Bridge, Florida.............................10,000,000
Historic Woodrow Wilson Bridge, Mississippi...................3,200,000
Missisquoi Bay Bridge, Vermont................................3,500,000
Oaklawn Bridge, South Pasadena, California......................500,000
Pearl Harbor Memorial Bridge replacement, Connecticut.........3,200,000
Powell County Bridge, Montana.................................1,500,000
Santa Clara Bridge, Oxnard, California........................6,500,000
Star City Bridge, West Virginia...............................6,500,000
US 231 bridge over Tennessee River, Alabama...................8,900,000
US 54/US 69 Bridge, Kansas....................................2,000,000
Waimalu Bridge replacement on I-1, Hawaii.....................3,400,000
Washington Bridge, Rhode Island...............................6,000,000


                             FEDERAL LANDS

       Within the funds available for the federal lands program, 
     funds are to be available for the following projects and 
     activities:


        Project                                              Conference
14th Street Bridge, Washington DC/Virginia...................$2,500,000
Acadia National Park trails and road projects...................500,000
Bear River Migratory Bird Refuge access road....................950,000
Boyer Chute National Wildlife Refugee paving project..........2,500,000
Broughton Bridge, Clay County, Kansas...........................100,000
Charles M. Russell/Fort Peck Roads coalition access project.....500,000
Chincoteague Refuge, Virginia...................................500,000
Chugach Road, Alaska............................................250,000
Clark Fork River bridge replacement, phase 2, Idaho...........1,500,000
Crescent Lake National Wildlife Refuge access road, Nebraska....500,000
Cumberland Gap, Kentucky........................................900,000
Daniel Boone Parkway, Kentucky................................1,000,000
Delaware Water Gap Recreational Area..........................1,000,000
Forest Highway 26...............................................650,000
Fort Baker, California..........................................100,000
Giant Springs Road relocation L&C interpretive center, Great Falls, 
  Montana.......................................................800,000
Highway 323 between Elzada and Ekalaka........................1,000,000
Highway 419 reconstruction....................................2,600,000
Historic Kelso depot, Mojave National Preservation, California2,500,000
Iditarod (Millenium trail)....................................1,100,000
Hawaii Volcanoes National Park and Hanalei Valley Scenic Lookout on 
  Kauai.......................................................1,500,000
Lake Cumberland access road and improvements....................750,000
Lake Tahoe Binwall repair and drainage improvement..............500,000

[[Page 21169]]

Lowell National Historic Park, western canal walkway improvement500,000
Manassas Battlefield access.....................................500,000
Metlakatla/Walden Point Road..................................1,250,000
Milford Lake replacement bridge (Corps of Engineers lake).......250,000
Mongap Visitor Center--Upper Delaware Scenic and Recreational Ri900,000
Mount Saint Helen's National Park access from Coldwater's visitor's 
  center to US 12, Randall, Washington..........................100,000
Natchez Trace Parkway multi-use trail...........................300,000
New Mexico Route 4 Jemez Pueblo Bypass..........................300,000
New River Gorge National River road and safety improvements...3,000,000
Old Lock I park access road...................................1,000,000
Pasagshak Road realignment and improvement......................500,000
Rampart Road Eureka connector...................................500,000
Ridgefield National Wildlife Refuge visitor's center, Clark County, 
  Washington....................................................200,000
Route 600, Virginia...........................................1,550,000
Sawtooth National Forest access (phase 2), Idaho................500,000
SD 240 loop, Cedar Pass landslide stabilization, Badlands National 
  Monument....................................................1,700,000
Second access road for Fort Eustis, Virginia..................1,750,000
Silvio Conte National Wildlife Refuge public roads..............500,000
Soldier Hallow, Utah..........................................1,200,000
Teton Trail Pass (phase 3), Idaho...............................500,000
Timucuan Ecological and Historic Preserve, Florida..............450,000
Traffic circle at Mount Vernon, Virginia........................250,000
US 26 upgrade, Oregon.........................................1,500,000
Utah Trail, Joshua Tree National Park, California.............1,500,000

       The conferees direct that the funds allocated above are to 
     be derived from the FHWA's public lands discretionary 
     program, and not from funds allocated to the Fish and 
     Wildlife Service's and National Park Service's regions.


                  BUREAU OF TRANSPORTATION STATISTICS

       The conference agreement provides $31,000,000 for the 
     Bureau of Transportation Statistics (BTS), as proposed by 
     both the House and the Senate. Within the funds provided to 
     BTS, $600,000 shall be available for statistical analysis of 
     the National Quality Initiative, and up to $4,750,000 may be 
     allocated for the national personal transportation survey. As 
     noted earlier in this report, the funding provided herein, 
     supplemented with funding provided within the policy research 
     activity, shall be sufficient to continue work on the 
     national personal transportation survey in fiscal year 2001.


                          Federal-AID HIGHWAYS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a liquidating cash 
     appropriation of $28,000,000,000 for the federal-aid highways 
     program as proposed by both the House and the Senate.


                       EMERGENCY RELIEF HIGHWAYS

                          (HIGHWAY TRUST FUND)

       The conference agreement includes an appropriation of 
     $720,000,000 to fund the backlog of requests for damage 
     repairs necessary due to disasters. Since the beginning of 
     fiscal year 1999, the emergency relief program has been 
     facing heavy demand for on-going funding needs from events in 
     prior years. This, coupled with requests for funding to 
     address events which occurred in fiscal year 1999 such as 
     Hurricanes Floyd and Dennis, has led to the current backlog 
     of requests. The funding needs far exceed the annual 
     authorization of $100,000,000 for the emergency relief 
     program. Consistent with the purpose of these funds, the 
     entire amount has been designated as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.


                 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

                          (HIGHWAY TRUST FUND)

       The conference agreement under title III provides an 
     appropriation of $54,963,000 from the highway trust fund for 
     the Appalachian development highway system. The following 
     table reflects the estimated distribution of funds by state:

Alabama......................................................$6,051,799
Georgia.......................................................2,418,532
Kentucky......................................................5,551,582
Maryland........................................................946,351
Mississippi.....................................................678,682
New York......................................................1,304,379
North Carolina................................................3,563,079
Ohio..........................................................2,729,017
Pennsylvania.................................................14,797,439
South Carolina..................................................296,470
Tennessee.....................................................6,784,784
Virginia......................................................1,426,067
West Virginia.................................................8,414,819

              Federal Motor Carrier Safety Administration


                          Motor Carrier Safety

                 Limitation on Administrative Expenses

       The conference agreement includes $92,194,000 for 
     administrative expenses of the Federal Motor Carrier Safety 
     Administration as proposed by both the House and the Senate. 
     Of this total, $82,344,000 is for operating expenses and 
     $9,850,000 is for research. The following adjustments are 
     made to the budget request:

High-risk, intrastate carrier information.....................-$500,000
Contract for vision exemption program..........................-638,000
Personnel adjustments...........................................+38,000
Crash collection data (section 225e)...........................+225,000
Operation Respond..............................................+375,000
Research and technology........................................+200,000
Motor carrier safety advisory committee........................+100,000
Uniform carrier registration...................................+200,000

       High-risk, intrastate carrier information.--The conference 
     agreement deletes funding for the high-risk intrastate 
     carrier information program under the operating expense 
     account and recommends funding for this activity under the 
     national motor carrier safety grant program because of its 
     direct relevance to state motor carrier safety.
       Personnel adjustments.--A total of 119 new, full-time 
     employees (FTE) have been approved for fiscal year 2001, one 
     FTE more than requested. Changes to the personnel budget 
     request are as follows: vision exemption specialists (+3), 
     information systems analysts (+1), international specialist 
     (-1), technology specialist (-1), motor carrier safety grant 
     personnel (+1), and executive secretariat (-2). Also, the 
     conference agreement approves the 20 new border inspectors 
     requested in the budget.
       Crash collection data.--The conference agreement provides 
     $2,975,000 to ensure that FMCSA fully implements section 
     225(e) of the Motor Carrier Safety Improvement Act of 1999. 
     These funds should be used to improve data collection on 
     motor carrier crashes, strengthen data analysis, link driver 
     citation information with other information databases, help 
     train state employees and motor carrier safety enforcement 
     officials, and ensure an increased focus on problem drivers 
     through the integration of driver and crash data.
       Research and technology.--A total of $9,850,000 has been 
     provided for research and technology initiatives, an increase 
     of $200,000 above the budget request. The additional funding 
     permits an increased effort on the ``share the road'' and 
     ``no-zone'' initiatives.
       School transportation study.--FMCSA shall continue funding 
     the school transportation study required by section 4030 of 
     TEA21 at the same level provided in fiscal year 2000.
       Motorcoach driver fatigue.--The conferees note that the 
     Federal Motor Carrier Safety Administration has acknowledged 
     in its notice of proposed rulemaking on trucking hours-of-
     service that little is known about the operations of over-
     the-road buses and motorcoaches. The conferees believe that 
     there should be additional study of the operations, driver 
     practices and driver fatigue issues specific to over-the-road 
     buses before any revisions to the existing trucking hours-of-
     service rules are finalized, and encourage the Secretary to 
     conduct such studies to inform additional regulatory 
     proposals in this area.


                 National Motor Carrier Safety Program

                (Liquidation of Contract Authorization)

                          (Highway Trust Fund)

       The conference agreement provides a liquidating cash 
     appropriation of $177,000,000 for the national motor carrier 
     safety program as proposed by the House and the Senate.


                 National Motor Carrier Safety Program

                      (Limitation on Obligations)

                          (Highway Trust Fund)

       The conference agreement includes a limitation on 
     obligations of $177,000,000 for motor carrier safety grants 
     proposed by the House and the Senate. This agreement 
     allocates funding in the following manner:

Basic motor carrier safety grants..........................$130,000,000
Performance-based incentive grants............................7,500,000
Border assistance.............................................8,000,000
Priority initiatives..........................................8,000,000
State training and administration.............................1,500,000
Crash causation (section 224f)................................5,000,000
Information systems and strategic safety initiatives.........17,000,000
Information systems.........................................(3,700,000)
Motor carrier analysis......................................(2,300,000)
Implementation of PRISM.....................................(5,000,000)
Driver programs.............................................(1,000,000)
Data collection and analysis................................(5,000,000)
    Total...................................................177,000,000

       Commercial driver's license (CDL) program.--In addition to 
     the funding provided under

[[Page 21170]]

     this account, a total of $10,000,000 has been provided from 
     funds authorized under section 104(a) of title 23, U.S.C. 
     This funding shall only be available for the commercial 
     driver's license program. Within the funds provided, FMCSA 
     should work with the American Association of Motor Vehicle 
     Administrators, the Commercial Vehicle Safety Alliance, lead 
     MCSAP agencies, and licensing agencies to establish a working 
     group to improve all aspects of the CDL program. In addition, 
     FMCSA should consider sponsoring one or two pilot projects 
     involving law enforcement and drivers licensing agencies to 
     explore new and innovative ways to ensure that drivers who 
     have been convicted of a disqualifying offense do not operate 
     during the period of suspension or revocation. Finally, FMCSA 
     should continue to support the judicial and prosecutorial 
     outreach effort. FMCSA shall submit a letter to both the 
     House and Senate Committees on Appropriations by April 1, 
     2001 summarizing efforts to increase quality control in the 
     CDL program and efforts taken to provide technical and 
     training assistance to the states.
       Automated brake testing equipment.-- According to 1999 
     data, the most common out-of-service violations were brake-
     related (37 percent). Virginia has been researching and 
     exploring opportunities to use infrared brake inspection 
     equipment and has found one new technology that could 
     significantly help to identify brake deficiencies in a timely 
     manner. Within the high priority allocation, sufficient 
     funding should be provided for the Commonwealth of Virginia 
     to install and test infrared brake inspection equipment (both 
     fixed and hand held) at a few weigh stations.
       Covert operations.--Within funding provided for high 
     priority activities, $500,000 shall be used to conduct covert 
     operations and survey the extent of this problem. FMCSA shall 
     report on the survey results by May 1, 2001, outlining the 
     extent to which out-of-service notices are being violated. 
     This survey should be conducted on a sufficiently large 
     sample size so that the scope and nature of the challenge are 
     fully made known to the House and Senate Committees on 
     Appropriations.

             National Highway Traffic Safety Administration


                        Operations and Research

       The conference agreement provides $116,876,000 from the 
     general fund for highway and traffic safety activities 
     instead of $107,876,000 as proposed by the House. The Senate 
     did not provide a general fund appropriation for NHTSA's 
     operations and research activities. Instead, the Senate 
     provided the same amount ($107,876,000) from the highway 
     trust fund for these activities. The additional $9,000,000 
     provided above the House and Senate levels shall be available 
     to supplement the Office of Safety Defects and for other 
     tire-related initiatives in the wake of the Firestone recall.
       A total of $85,321,000 shall remain available until 
     September 30, 2003 instead of $77,671,000 as proposed by the 
     House and $77,670,000 as proposed by the Senate.
       The agreement includes a provision carried since fiscal 
     year 1996 that prohibits NHTSA from obligating or expending 
     funds to plan, finalize, or implement any rulemakings that 
     would add requirements pertaining to tire grading standards 
     that are not related to safety performance. This provision 
     was contained in both the House and Senate bills.
       The conference agreement includes a provision that 
     prohibits NHTSA from purchasing a vehicle to conduct new car 
     assessment program crash testing at a price that exceeds the 
     manufacturer's suggested retail price, as proposed by the 
     Senate. The House bill contained no similar provision. If 
     this provision unduly limits NHTSA's ability to test a new 
     vehicle expeditiously, the Secretary may seek a waiver of 
     this language from the House and Senate Committees on 
     Appropriations.
       The conference agreement modifies a provision proposed by 
     the Senate that would have prohibited rollover testing using 
     static stability factors. The agreement allows NHTSA to move 
     forward with the rollover rating proposal while the National 
     Academy of Sciences (NAS) studies static versus dynamic 
     testing. NHTSA shall then be required to review the findings 
     of the NAS study and propose any appropriate revisions to its 
     testing procedures within 30 days of receiving the study.


                        Operations and Research

                (Liquidation of Contract Authorization)

                      (Limitation on Obligatoins)

                          (Highway Trust Fund)

       The conference agreement provides $72,000,000 from the 
     highway trust fund to carry out provisions of 23 U.S.C. 403 
     as proposed by both the House and the Senate.
       The following table summarizes the conference agreement for 
     operations and research (general fund and highway trust fund 
     combined) by budget activity:

Salaries and benefits.......................................$57,130,000
Travel........................................................1,276,000
Operating expenses...........................................19,810,000
Contract programs:
  Safety performance..........................................7,366,000
  Safety assurance...........................................15,987,000
  Highway safety programs....................................41,776,000
  Research and analysis......................................57,536,000
  General administration........................................645,000
Grant administration reimbursements.........................-10,650,000
                                                       ________________
                                                       
    Total...................................................190,876,000

       Operating expenses.--A total of $19,810,000 has been 
     provided for operating expenses. Within this total, 
     sufficient funds should be provided for computer-related 
     expenses for all administrative functions, including civil 
     rights, public affairs, counsel, planning and policy, and 
     administration. However, computer support should be funded at 
     the fiscal year 2000 level. The conferees believe that this 
     level of funding is adequate, and urge NHTSA to adopt a more 
     cost-effective approach to managing computer support 
     expenses. A detailed report on fiscal year 2000 computer 
     support expenditures, as requested by the House, shall be 
     provided to the House and Senate Committees on Appropriations 
     by December 31, 2000.
       New car assessment program (NCAP).--The conference 
     agreement provides $5,556,000 for the new car assessment 
     program. This fully funds the budget request for this 
     program, except for the small dummy component, and provides 
     sufficient funding to support a National Academy of Sciences 
     study of the proposed rollover rating based on the static 
     stability factor. A total of $500,000 has been included in 
     the research and analysis contract program to crash 14 
     passenger vehicles with a small stature dummy to acquire 
     essential test data and to assure that these dummies are 
     satisfactorily developed for compliance testing associated 
     with the new air bag rule in 2004. The agency has informed 
     the House and Senate Committees on Appropriations that it 
     will not release the results of crashes conducted to test the 
     small stature dummy as part of NCAP.
       Safety defects.--The conference agreement defers $145,000 
     requested to monitor and investigate recreational, transit, 
     and emergency vehicles, as proposed by the Senate.
       Auto hotline.--A total of $1,232,000 has been provided for 
     the auto safety hotline, consistent with actions in the House 
     and Senate reports.
       Safe communities.--Funding has been deleted for the safe 
     communities program, consistent with action taken by both the 
     House and the Senate.
       National occupant protection program.--The conference 
     agreement provides $11,000,000 for the national occupant 
     protection program. Within the funds provided, $1,000,000 
     shall be used to implement an innovative demonstration 
     program for locally developed initiatives to increase seat 
     belt usage, as proposed by the Senate.
       The conferees direct the department's Inspector General to 
     analyze the effectiveness and efficiency of the occupant 
     protection program managed by the office of traffic safety 
     programs. This review should consider the scope and direction 
     of NHTSA's efforts to increase seat belt use rates and 
     whether the agency is allocating funds to partnerships, 
     demonstration projects, and other activities that are most 
     likely to achieve the department's performance goals. The 
     review also should consider the quality and nature of the 
     technical assistance provided by NHTSA's regional staff to 
     states and local governments that benefit from highway 
     traffic safety grants programs.
       Section 157 program.--NHTSA shall conduct a review of the 
     procedures and processes used to administer the section 157 
     innovative grant program and submit a report to the House and 
     Senate Committees on Appropriations by December 1, 2000, that 
     details how grant administration will be improved and grant 
     awards made more expeditiously within the constraints of 
     existing law.
       Emergency medical services head injury research.--A total 
     of $2,250,000 has been provided for emergency medical 
     services. Of this amount, $750,000 shall be provided to the 
     Brain Trauma Foundation to continue phase three of the 
     guidelines for pre-hospital management of traumatic brain 
     injury.
       Aggressive driving.--A total of $750,000 has been provided 
     to develop and implement a regional education and driver 
     modification program to combat aggressive driving in 
     Maryland, Virginia, and the District of Columbia. Funding 
     should be allocated as specified in the House report.
       Rural trauma.--The conference agreement allocates $250,000 
     to the University of Vermont's College of Medicine and 
     Fletcher Allen Health Care to determine if the survival rate 
     of rural vehicular accidents could be improved through the 
     application of advanced mobile video telecommunications links 
     between a level 1 trauma center and ambulance crews, as 
     proposed by the Senate.
       The agreement also includes $500,000 to continue a project 
     at the University of South Alabama on rural vehicular trauma 
     victims, as proposed by the Senate.
       School bus occupant protection.--Within contract funds, 
     $250,000 is allocated to Mercer University Research Center to 
     support a school bus safety initiative, as proposed by the 
     Senate. The House contained no similar provision.
       Biomechanics.--At a minimum, NHTSA should continue to 
     support the biomechanics program at the fiscal year 2000 
     level. The conferees are very supportive of the work being 
     conducted by the crash injury research and engineering 
     network (CIREN) and are

[[Page 21171]]

     encouraged that private sector interests have agreed to fund 
     two additional CIREN centers. Because of this commitment, no 
     federal funding should be provided to expand the number of 
     federally funded centers in fiscal year 2001.
       In addition, the conferees agree to provide $1,000,000 to 
     the Injury Control Research Center at the University of 
     Alabama to conduct research related to cervical spine and 
     paralyzing neck injuries that result from motor vehicle 
     accidents.
       Special crash investigations.--The private sector has 
     agreed to fund 300 special crash investigations per year to 
     collect and analyze real world crash data as proposed by 
     National Transportation Safety Board. This will double the 
     number of investigations conducted in fiscal year 2000. 
     However, the conferees agree that, despite where such 
     contributions are derived (i.e. from the public or private 
     sector) to conduct these investigations, the results are to 
     be treated as public data and no conditions shall be attached 
     to their release.
       Side glazing.--In 1991, NHTSA was required to address 
     deaths and injuries resulting from accidents caused by motor 
     vehicle rollovers, primarily focusing on the use of advanced 
     glazing for vehicle windows, to prevent occupant ejection 
     during rollovers. Since 1991, NHTSA has issued two interim 
     reports concluding that advanced side glazing in passenger 
     vehicles could save up to 1,300 lives per year, but NHTSA has 
     yet to complete a final report. Therefore, the conferees 
     direct NHTSA to complete and issue a final report on advanced 
     side glazing by the end of calendar year 2000.
       Grant administration.--Under TEA21, NHTSA may withhold up 
     to five percent of the funding for the grant program for 
     administrative costs. The conference agreement reflects a 
     five percent draw down (-$10,650,000).
       CAFE language.--A general provision (Sec. 320) is included 
     that prohibits the use of funds to prepare, prescribe, or 
     promulgate corporate average fuel economy (CAFE) standards 
     for automobiles that differ from those previously enacted. In 
     addition, the conferees request the National Academy of 
     Sciences, in consultation with the Department of 
     Transportation, to conduct a study to evaluate the 
     effectiveness and impacts of CAFE standards. The study shall 
     examine, among other factors, those considerations outlined 
     in 49 U.S.C. section 32902(F); the impact of CAFE standards 
     on motor vehicle safety; disparate impacts on the U.S. 
     automotive sector; the effect on U.S. employment in the 
     automotive sector; and the effect of requiring CAFE 
     calculations for domestic and non-domestic fleets. The 
     National Academy of Sciences shall complete this study no 
     later than July 1, 2001, and submit it to the appropriate 
     committees of the Congress and the Department of 
     Transportation. Section 320 of this Act should not be 
     interpreted as preventing the Department of Transportation 
     from providing the National Academy of Sciences with 
     pertinent data and technical guidance and expertise, as 
     necessary. As noted previously in the Federal Highway 
     Administration's ``Limitation on administrative expenses'', 
     up to $1,000,000 has been allocated for this study.


                        National Driver Register

                          (Highway Trust Fund)

       The conference agreement provides $2,000,000 for the 
     National Driver Register as proposed by both the House and 
     the Senate. Of this funding, up to $250,000 may be used for 
     the technology assessment authorized under section 2006 of 
     TEA21.


                     Highway Traffic Safety Grants

                (Liquidation of Contract Authorization)

                          (Highway Trust Fund)

       The conference agreement provides $213,000,000 to liquidate 
     contract authorizations for highway traffic safety grants, as 
     proposed by both the House and the Senate.


                     Highway Traffic Safety Grants

                      (Limitation on Obligations)

                          (Highway Trust Fund)

       The conference agreement limits obligations for highway 
     traffic safety grants to $213,000,000 as proposed by both the 
     House and the Senate. A total of $10,650,000 has been 
     provided for administration of the grant programs as proposed 
     by both the House and the Senate. Of this total, not more 
     than $7,750,000 of the funds made available for section 402; 
     not more than $650,000 of the funds made available for 
     section 405; not more than $1,800,000 of the funds made 
     available for section 410; and not more than $450,000 of the 
     funds made available for section 411 shall be available to 
     NHTSA for administering highway safety grants under chapter 4 
     of title 23. This language is necessary to ensure that each 
     grant program does not contribute more than five percent of 
     the total administrative costs.
       As noted within the Federal Highway Administration, the 
     conference agreement provides $7,500,000 for child passenger 
     protection education grants. The amount is the same as 
     proposed by the House. The Senate proposed no similar 
     appropriation.
       The conference agreement retains bill language, proposed by 
     both the House and Senate, that limits technical assistance 
     to states from section 410 to $500,000.
       The conference agreement prohibits the use of funds for 
     construction, rehabilitation or remodeling costs, or for 
     office furnishings and fixtures for state, local, or private 
     buildings or structures, as proposed by both the House and 
     the Senate.
       The bill includes separate obligation limitations with the 
     following funding allocations:
State and community grants.................................$155,000,000
Occupant protection incentive grants.........................13,000,000
Alcohol incentive grants.....................................36,000,000
State highway safety data grants..............................9,000,000

                    Federal Railroad Administration


                         Safety and Operations

       The conference agreement appropriates $101,717,000 for 
     safety and operations instead of $102,487,000 as proposed by 
     the House and $99,390,000 as proposed by the Senate. None of 
     this funding is to be offset from user fees. Of the total 
     amount, $5,899,000 shall remain available until expended 
     instead of $5,249,000 as proposed by the House and $4,957,000 
     as proposed by the Senate.
       In addition to the funding provided for safety and 
     operations, $2,500,000 is provided to the Federal Railroad 
     Administration from funds made available under section 1218 
     of Public Law 105-178. These funds shall be used to 
     administer the magnetic levitation program, for Operation 
     Lifesaver, for Alaska Railroad liabilities, and for track 
     inspection activities. Of this total, no more than $1,000,000 
     shall be for administration of the maglev program.
       The following adjustments were made to the budget estimate:

Deny new staff positions......................................-$564,000
Reduce funding for travel......................................-250,000
Reduce information technology initiative.......................-594,000
Decrease new employee development funding......................-360,000
Deny new outreach initiative...................................-500,000
Decrease funding for program evaluation........................-200,000
Operation Respond..............................................-100,000
Operation Lifesaver............................................+425,000
Southeast transportation center................................+350,000
Fatigue countermeasures program................................+200,000
Blakeley Island connector study................................+100,000

       Operation Lifesaver.--A total of $1,025,000 has been 
     provided to Operation Lifesaver. Of this total, not less than 
     $300,000 shall be used to deploy its national public service 
     campaign.
       Southeast transportation center.--The conference agreement 
     provides $350,000 to establish an intermodal emergency 
     response training center for the southeast region of the 
     country, to be located in Meridian, Mississippi. These funds 
     shall be used for equipment and program costs associated with 
     establishment of the center, to include rail passenger 
     equipment and track, a functional rail-highway grade 
     crossing, rail and motor carrier hazardous material vehicles 
     and containers, and other passenger rescue and hazardous 
     materials training facilities. Federal funds provided for the 
     center shall be matched with funding and in-kind 
     contributions from industry, local governments, and other 
     organizations.
       Fatigue countermeasures.--A total of $500,000 has been 
     provided for fatigue countermeasures. Of this amount, 
     $250,000 shall be used to develop and implement educational 
     and training programs designed to increase the awareness of 
     fatigue throughout the rail industry and $250,000 shall be 
     used to perform validation testing of controlled light eye 
     reaction testing devices in order to establish a body of 
     fatigue testing data and to assist in developing effective 
     fatigue countermeasures.
       Blakeley Island connector study.--The conference agreement 
     provides $100,000 for a grant to Alabama State Docks, a 
     state-owned facility, for a study of the cost and economic 
     benefits of restoring rail service on Blakeley Island in 
     Mobile Bay.
       Illinois rail-grade crossings.--The State of Illinois, and 
     in particular, northeastern Illinois, has the largest number 
     of rail-grade crossings and quiet zones in the country. The 
     conferees recognize Illinois' efforts to reduce accidents at 
     these grade crossings and encourage FRA to work with 
     communities in northeastern Illinois to further improve rail-
     grade crossing safety. This work should include offering 
     technical assistance, identifying federal funding sources, 
     and establishing federal-state-local task forces to improve 
     safety and reduce accidents in this region. FRA should pay 
     particular attention to enforcement enhancements and improved 
     educational outreach in its efforts to help reduce risks to 
     motorists and pedestrians.
       The conference agreement deletes bill language contained in 
     the Senate bill requiring FRA to reimburse the Department of 
     Transportation's Inspector General $1,500,000 for the costs 
     associated with rail audits and investigations. The House 
     bill contained no similar provision.
       The conference agreement includes a provision that 
     authorizes the Secretary to receive payments from the Union 
     Station Redevelopment Corporation, credit them to the first 
     deed of trust, and make payments on the first deed of trust. 
     These funds may be

[[Page 21172]]

     advanced by the Administrator from unobligated balances 
     available to the Federal Railroad Administration and must be 
     reimbursed from payments received by the Union Station 
     Redevelopment Corporation. Both the House and Senate bills 
     contained these provisions.


                   Railroad Research and Development

       The conference agreement provides $25,325,000 for railroad 
     research and development instead of $26,300,000 as proposed 
     by the House and $24,725,000 as proposed by the Senate. None 
     of this funding is to be offset from user fees. The following 
     table summarizes the conference agreement by budget activity:

Equipment, operations, and hazardous materials..............$11,450,000
  Train occupant protection.................................(5,350,000)
  Rolling stock safety assurance............................(1,287,000)
  Human factors.............................................(2,978,000)
  Hazardous materials transportation........................(1,000,000)
  Grade crossings--human factors..............................(835,000)
Track and vehicle track interaction...........................8,300,000
  Track and components study................................(4,150,000)
  Track-train interaction safety............................(3,050,000)
  Grade crossing infrastructure...............................(600,000)
  Marshall/Nebraska project...................................(500,000)
Railroad systems safety.......................................4,650,000
  Safety of high-speed ground transportation................(4,400,000)
  Performance-based regulations...............................(250,000)
Research and development facilities and equipment...............925,000
  T-6 vehicle.................................................(500,000)
  Transportation Test Center..................................(425,000)
                                                       ________________
                                                       
  Total......................................................25,325,000

       Higher capacity rail cars on light density tracks.--Within 
     the funds provided, FRA should continue to conduct a study on 
     track and bridge requirements for the handling of 286,000-
     pound rail cars as specified in the House report.


            Railroad Rehabilitation and Improvement Program

       The conference agreement includes a provision proposed by 
     both the House and Senate specifying that no new direct loans 
     or loan guarantee commitments shall be made using federal 
     funds for the payment of any credit premium amount during 
     fiscal year 2001. No federal appropriation is required since 
     a non-federal infrastructure partner may contribute the 
     subsidy amount required by the Credit Reform Act of 1990 in 
     the form of a credit risk premium. Once received, statutorily 
     established investigation charges are immediately available 
     for appraisals and necessary determinations and findings.


                     Rhode Island Rail Development

       Appropriations for the Rhode Island rail development 
     project in fiscal year 2001 total $17,000,000, as proposed by 
     the House. The Senate bill allocated, within funds available 
     to the Department of Transportation, $10,000,000 to the Rhode 
     Island rail development project. With this appropriation, the 
     federal commitment to this project is completed.


                    Next Generation High-Speed Rail

       The conference agreement provides $25,100,000 for the next 
     generation high-speed rail program instead of $22,000,000 as 
     proposed by the House and $24,900,000 as proposed by the 
     Senate. The following table summarizes the conference 
     agreement by budget activity:

Train control projects:                                     $11,000,000
  Illinois project.........................................(7,000,0000)
  Michigan project..........................................(3,000,000)
  Digital radio network vehicle tracking system...............(500,000)
  Transportation safety research alliance.....................(500,000)
Non-electric locomotives:                                     6,800,000
  Advanced locomotive propulsion system.....................(3,800,000)
  Prototype locomotives.....................................(3,000,000)
Grade crossings and innovative technologies:                  4,300,000
  North Carolina sealed corridor..............................(700,000)
  Mitigating hazards........................................(2,500,000)
  Low-cost technologies.....................................(1,100,000)
Track and structures..........................................1,300,000
Corridor planning activities..................................1,700,000
    Total....................................................25,100,000

       Transportation safety research alliance.--The conference 
     agreement provides $500,000 for the Transportation Safety 
     Research Alliance (TSRA) instead of $2,000,000 as proposed by 
     the Senate. The conferees direct FRA to ensure that TSRA uses 
     appropriated funds to deliver a positive train control 
     component product that is usable as a stand alone system 
     without the need for proprietary software and that this 
     software is accompanied by adequate user documentation. 
     Funding for this project should continue to be matched on a 
     dollar-for-dollar basis by TSRA.
       Sealed corridor initiative.--A total of $700,000 has been 
     provided for North Carolina's sealed corridor initiative. The 
     report and associated funding, proposed by the Senate, has 
     been deleted.
       Cant deficiency speed study.--Within funds provided, FRA 
     shall analyze the safety impact from operations of passenger 
     trains on freight rail trackage at up to five inches of cant 
     deficiency for speeds between 80 and 110 miles per hour, as 
     outlined in the Senate report. FRA should provide a report to 
     the House and Senate Committees on Appropriations by November 
     30, 2000.
       Corridor planning.--A total of $1,700,000 has been provided 
     for corridor planning activities to be distributed as 
     follows:

Midwest regional rail initiative, preliminary engineering and design 
  and eligible right-of-way improvements.....................$1,000,000
Boston, MA to Burlington, VT high-speed corridor feasibility stu200,000
Southeast corridor extension from Charlotte, NC to Macon, GA....200,000
Gulf Coast high-speed rail corridor from Mobile, AL to New Orlea300,000

       Rail-highway crossing hazard eliminations.--Under section 
     1103 of TEA21, an automatic set-aside of $5,250,000 is made 
     available each year for the elimination of rail-highway 
     crossing hazards. A limited number of rail corridors are 
     eligible for these funds. Of these set-aside funds, the 
     following allocations were made:

High-speed rail corridor, Washington, D.C. to Richmond, VA.....$750,000
High-speed rail corridor, Mobile, AL to New Orleans, LA.......1,500,000
Salem, OR.....................................................1,500,000
Atlanta to Macon, GA............................................125,000
Eastern San Fernando Valley, CA.................................125,000
Keystone high-speed rail corridor, Harrisburg to Philadelphia, P500,000
High-speed rail corridor, Milwaukee to Madison, WI..............500,000
Minneapolis/St. Paul, MN to Chicago, IL high-speed rail corridor 
  (Minneapolis/St. Paul to LaCrescent, MN)......................250,000


                     Alaska Railroad Rehabilitation

       The conference agreement provides $20,000,000 for the 
     Alaska Railroad as proposed by the Senate. The House bill 
     contained no similar appropriation. This funding should be 
     used to continue ongoing track rehabilitation ($10,000,000), 
     signalized automated siding access between Wasilla and Potter 
     Marsh, and track relocation/highway crossing eliminations.


                     West Virginia Rail Development

       The conference agreement provides $15,000,000 for capital 
     costs associated with track, signal, and crossover 
     rehabilitation and improvements on the MARC Brunswick line in 
     West Virginia, as proposed by the Senate. The House bill 
     contained no similar provision.


     Capital Grants to the National Railroad Passenger Corporation

       The conference agreement provides $521,476,000 for capital 
     grants to the National Railroad Passenger Corporation 
     (Amtrak) as proposed by the House instead of $521,000,000 as 
     proposed by the Senate. Bill language, as proposed by the 
     House, is retained that limits the Secretary from obligating 
     more than $208,590,000 of the funding provided prior to 
     September 30, 2001. The Senate bill limited the obligation 
     rate to $208,400,000.
       Fencing along the Northeast Corridor.--Amtrak continues to 
     make progress in enhancing safety along the tracks where 
     high-speed rail will soon be operating. For example, almost 
     35,000 linear feet of chain-link fencing has been installed 
     in Massachusetts to reduce trespassing along the railroad 
     right-of-way. Earlier this year, the town of Mansfield asked 
     for an additional 12,710 linear feet of fencing to be 
     installed (phase III). On March 15, 2000, the President of 
     Amtrak made a commitment to complete the installation of the 
     fencing that has been requested before high-speed rail is 
     operational. While the conferees recognize that Amtrak has 
     limited funds and must balance many competing capital 
     investment priorities, the conferees believe Amtrak should 
     install the remaining 12,710 feet of fencing that was 
     requested by Mansfield prior to Amtrak's March 15, 2000 
     testimony before the House Appropriations Committee. The same 
     kind of fencing should be installed as was installed 
     previously. If Mansfield and Amtrak agree that there is a 
     need for more secure fencing within phase III, then they may 
     seek a waiver of this limitation from the House and Senate 
     Committees on Appropriations. Should the community identify 
     additional areas in need of fencing (phases IV and V), then 
     those costs shall be borne solely by these communities.
       Rail service in western Virginia.--The Commonwealth of 
     Virginia and Amtrak have been in discussions about the 
     reestablishment of service between Washington, D.C., Bristol, 
     Virginia, and Richmond, Virginia. Amtrak is encouraged to 
     continue working with the Commonwealth of Virginia and the

[[Page 21173]]

     appropriate freight railroads to identify and address costs, 
     infrastructure improvements, and operational needs to 
     initiate such a service.
       Alliance, Ohio.--Amtrak shall work with the City of 
     Alliance, Norfolk Southern Corporation, and the State of Ohio 
     to devise a plan to improve accessibility, visibility, safety 
     and information at the Alliance, Ohio station. This report 
     should be submitted to the House and Senate Committees on 
     Appropriations within 180 days of enactment of this Act.
       South end infrastructure improvements.--Amtrak is directed 
     to provide quarterly reports, beginning on December 31, 2000, 
     to the House and Senate Committees on Appropriations, the 
     Senate Committee on Commerce, and the House Committee on 
     Transportation and Infrastructure regarding (1) the cost-
     sharing arrangements agreed to among the users of the 
     southern end of the Northeast Corridor, and (2) ongoing work 
     to implement recommendations contained in the south end 
     corridor infrastructure improvement plan.

                     Federal Transit Administration


                        ADMINISTRATIVE EXPENSES

       The conference agreement provides $64,000,000 for 
     administrative expenses of the Federal Transit Administration 
     as proposed by both the House and the Senate. Within the 
     total, the conference agreement appropriates $12,800,000 from 
     the general fund, as proposed by both the House and the 
     Senate.
       The conference agreement includes a provision that 
     transfers $1,000,000 from project management oversight funds 
     to the Inspector General for reimbursement of audit and 
     financial reviews of major transit projects as proposed by 
     the House. The Senate bill proposed that $3,000,000 from 
     funds under this heading shall be used to reimburse the 
     Inspector General for costs associated with audits and 
     investigations of all transit-related issues and systems. The 
     conference agreement also includes a provision that not to 
     exceed $2,500,000 for the National Transit Database shall 
     remain available until expended.
       Full-time equivalent (FTE) staff years.--The conference 
     agreement provides that the FTE level in fiscal year 2001 
     shall not rise in excess of 495 FTE. Additional staffing 
     increases may be considered by the House and Senate 
     Committees on Appropriations through the regular 
     reprogramming process.
       Information technology activities.--The conference 
     agreement deletes funds requested for several technology 
     programs pending the office of the secretary's chief 
     information officer review and full identification of out-
     year costs (-$650,000). Sufficient funding has been included 
     under this heading for infrastructure data protection, 
     continued operation of the transportation electronic award 
     and management application program, and annual electronic 
     procurement life cycle maintenance, licenses and core 
     operations.
       Other items.--The conference agreement provides sufficient 
     funds for workforce planning and training and equipment and 
     office renovation. In addition, the conferees have included 
     $250,000 for regional and state-based grantee workshops.
       National Transit Database.--Funding of $2,500,000 for 
     operation of the National Transit Database has been included 
     under this heading, rather than in the research and 
     development account as proposed by the Senate. The conferees 
     further direct that none of the funds made available in this 
     Act for project management oversight activities may be used 
     to supplement funds herein for the National Transit Database.
       Project management oversight.--The conferees agree that 
     funding made available for project management oversight shall 
     include at least $21,900,000 for project management oversight 
     reviews and $4,500,000 for financial management reviews.
       The conferees direct that the FTA submit to the House and 
     Senate Committees on Appropriations, the Inspector General 
     and the General Accounting Office the quarterly financial 
     management oversight and project management oversight reports 
     for each project with a full funding grant agreement.
       With the likelihood of an increasing number of transit 
     projects requiring project oversight, the conferees are 
     concerned that the funds available to finance these oversight 
     activities may soon be insufficient to monitor adequately all 
     large-dollar projects. In fact, the FTA anticipates that a 
     funding shortfall of about $5,000,000 will occur in fiscal 
     year 2002, and that it will then have to make difficult 
     choices as to how it will apply limited oversight funds. FTA 
     has yet to identify the level of funding shortfalls that may 
     occur beyond fiscal year 2002 and how it will address any 
     shortfalls. In order to address FTA's oversight needs and to 
     protect the federal investment in these transit projects, the 
     conferees direct the FTA to develop a plan to (1) determine 
     the amount of funds needed to maintain an adequate level of 
     oversight for all projects requiring oversight and the level 
     of funding that likely will be available for this purpose; 
     (2) identify options to cover any projected funding 
     shortfalls; and (3) identify steps to respond to any 
     shortfalls that may occur. The FTA should provide this plan 
     with the 2002 budget submission to the Congress for 
     consideration.
       Full funding grant agreements.--TEA21, as amended, requires 
     that the FTA notify the House and Senate Committees on 
     Appropriations as well as the House Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Banking 60 days before executing a full funding grant 
     agreement. In its notification to the House and Senate 
     Committees on Appropriations, the conferees direct the FTA to 
     include therein the following: (a) a copy of the proposed 
     full funding grant agreement; (b) the total and annual 
     federal appropriations required for that project; (c) yearly 
     and total federal appropriations that can be reasonably 
     planned or anticipated for future FFGAs for each fiscal year 
     through 2003; (d) a detailed analysis of annual commitments 
     for current and anticipated FFGAs against the program 
     authorization; and (e) a financial analysis of the project's 
     cost and sponsor's ability to finance, which shall be 
     conducted by an independent examiner and shall include an 
     assessment of the capital cost estimate and the finance plan, 
     the source and security of all public- and private-sector 
     financial instruments, the project's operating plan which 
     enumerates the project's future revenue and ridership 
     forecasts, and planned contingencies and risks associated 
     with the project.
       The conferees also direct the FTA to inform the House and 
     Senate Committees on Appropriations before approving scope 
     changes in any full funding grant agreement. Correspondence 
     relating to scope changes shall include any budget revisions 
     or program changes that materially alter the project as 
     originally stipulated in the full funding grant agreement, 
     and shall include any proposed change in rail car 
     procurements.


                             FORMULA GRANTS

       The conference agreement provides a total program level of 
     $3,345,000,000 for transit formula grants, as proposed by 
     both the House and the Senate. Within this total, the 
     conference agreement appropriates $669,000,000 from the 
     general fund as proposed by both the House and the Senate. 
     The conference agreement provides that the general fund 
     appropriation shall be available until expended.
       The conference agreement provides that funding made 
     available for the clean fuel formula grant program under this 
     heading shall be transferred to and merged with funding 
     provided for the replacement, rehabilitation and purchase of 
     buses and related equipment and the construction of bus-
     related facilities under ``Federal Transit Administration, 
     Capital investment grants''.
       The conference agreement includes a provision that sets 
     aside $60,000,000 from the formula grants program to fund the 
     Salt Lake City Olympic transit program, instead of 
     $40,000,000 as proposed by the House. The Senate bill 
     contained no similar provision. Funds shall be available for 
     grants for the costs of planning, delivery, and temporary use 
     of transit vehicles for special transportation needs and 
     construction of permanent and temporary transportation 
     facilities for the XIX Winter Olympiad and the VII 
     Paralympiad for the Disabled, to be held in Salt Lake City, 
     Utah. In allocating the funds, the Secretary shall make 
     grants only to the Utah Department of Transportation, and 
     such grants shall not be subject to any local share 
     requirement or limitation on operating assistance under this 
     Act or the Federal Transit Act, as amended. This 
     appropriation is similar to one provided in support of the 
     Summer Olympic Games in Atlanta, Georgia in the fiscal year 
     1995 Department of Transportation and Related Agencies 
     Appropriations Act.
       The FTA, when evaluating the local financial commitment of 
     new rail extension or busway projects, shall consider the 
     extent to which projects' sponsors have used the appreciable 
     increases in the formula grants apportionment for alternative 
     analyses and preliminary engineering activities of such 
     systems.
       The conferees expect the Washington Metropolitan Area 
     Transit Authority to use the appreciable increases in its 
     section 5307 apportionment and the transportation 
     infrastructure finance and innovation act (TIFIA) loan 
     provided to WMATA to ensure that fire communications are in 
     place in WMATA's tunnels.


                   UNIVERSITY TRANSPORTATION RESEARCH

       The conference agreement provides a total program level of 
     $6,000,000 for university transportation research as proposed 
     by both the House and the Senate. Within the total, the 
     conference agreement appropriates $1,200,000 from the general 
     fund as proposed by both the House and the Senate. The 
     conference agreement provides that the general fund shall be 
     available until expended.


                     TRANSIT PLANNING AND RESEARCH

       The conference agreement provides a total program level of 
     $110,000,000 for transit planning and research as proposed by 
     both the House and the Senate. Within the total, the 
     conference agreement appropriates $22,200,000 from the 
     general fund as proposed by both the House and the Senate. 
     The conference agreement provides that the general fund 
     appropriation shall be available until expended.
       Within the funds appropriated for transit planning and 
     research, $5,250,000 is provided for rural transportation 
     assistance; $4,000,000 is provided for the National Transit 
     Institute; $8,250,000 is provided for the transit cooperative 
     research program; $52,113,600 is

[[Page 21174]]

     provided for metropolitan planning; $10,886,400 is provided 
     for state planning; and $29,500,000 is provided for the 
     national planning and research program.
       The conference agreement deletes a provision proposed by 
     the Senate that would have set aside $3,000,000 for Great 
     Cities Universities consortium from funds made available for 
     transit cooperative research. Funding for this activity is 
     provided under the national planning and research account.
       Transit cooperative research program.--Within the funds 
     provided for transit cooperative research, $1,500,000 is 
     allocated for phase 2 redesign activities of the national 
     transit database.
       National planning and research.--Within the funding 
     provided for national planning and research, the Federal 
     Transit Administration shall make available the following 
     amounts for the programs and activities listed below:


                                                             Conference
                                                              Agreement
Mid-America regional council coordinated transit planning, Kansas City 
  metro area...................................................$750,000
Sacramento area council of governments regional air quality planning 
  and coordination study........................................250,000
West Virginia University fuel cell technology institute propulsion and 
  ITS testing.................................................1,000,000
University of Rhode Island, Kingston traffic congestion study co150,000
Trans-lake Washington land use effectiveness and enhancement rev450,000
State of Vermont electric vehicle transit demonstration.........500,000
Acadia Island, Maine explorer transit system experimental pilot 150,000
Center for Composites manufacturing.............................950,000
Southern Nevada air quality study...............................800,000
Project ACTION (TEA21)........................................3,000,000
Southeastern Pennsylvania Transit Authority advanced propulsion control 
  system (TEA21)..............................................3,000,000
Fairbanks extreme temperature clean fuels research..............800,000
Safety and security programs..................................6,100,000
National rural transit assistance program.......................750,000
Mississippi State University bus service expansion plan.........100,000
CALSTART/WESTART..............................................3,000,000
Hennepin County community transportation, Minnesota...........1,000,000
Electric transit vehicle institute, Tennessee...................500,000
South Amboy, New Jersey transit study...........................200,000
Great Cities Universities consortium..........................2,000,000
Long Island, New York transportation land use projects..........250,000
JOBLINKS......................................................1,050,000
       The conference agreement deletes funding requested for the 
     Garrett A. Morgan program (-$200,000).
       Fuel cell bus and bus facilities program.--None of the 
     funds available under this heading shall supplement funding 
     provided under section 3015(b) of Public Law 105-178 for the 
     fuel cell bus and bus facilities program.
       Safety and security programs.--The conference agreement 
     includes $6,100,000 for safety and security programs. The 
     conferees direct that these funds are to be wholly 
     administered by the office of safety and security to advance 
     safety programs and are not to be transferred to other 
     offices to support lesser priority activities.


                      TRUST FUND SHARE OF EXPENSES

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides $5,016,600,000 in 
     liquidating cash for the trust fund share of transit expenses 
     as proposed by both the House and the Senate.


                       CAPITAL INVESTMENT GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides a total program level of 
     $2,646,000,000 for capital investment grants, as proposed by 
     both the House and Senate. Within the total, the conference 
     agreement appropriates $529,200,000 from the general fund as 
     proposed by both the House and the Senate.
       Within the total program level, $1,058,400,000 is provided 
     for fixed guideway modernization; $529,200,000 is provided 
     for the replacement, rehabilitation, and purchase of buses 
     and related equipment and the construction of bus-related 
     facilities; and $1,058,400,000 is provided for new fixed 
     guideway systems, as proposed by both the House and the 
     Senate. Funds derived from the formula grants program 
     totaling $50,000,000 are to be transferred and merged with 
     funds provided for the replacement, rehabilitation and 
     purchase of buses and related equipment and the construction 
     of bus-related facilities under this heading. In addition to 
     the $1,058,400,000 provided in this Act for new starts, the 
     conference agreement reallocates $26,994,048 to other new 
     start projects contained in this Act. Reallocated funds are 
     derived from unobligated balances from the following new 
     start projects:
Burlington to Gloucester, New Jersey (Public Law 103-331)....$1,488,750
Orlando, Florida Lynx light rail project.....................20,521,470
Pittsburgh, Pennsylvania airport busway project (Public Law 104,983,828
       The conference agreement deletes language proposed by the 
     Senate that would have required the Administrator of the 
     Federal Transit Administration, not later than February 1, 
     2001, to submit individually to the House and Senate 
     Committees on Appropriations the recommended grant funding 
     levels for the respective buses and bus-related facilities 
     and new fixed guideway projects listed in the Senate bill and 
     accompanying report. The House bill contained no similar 
     provisions.
       The conference agreement also deletes language proposed by 
     the Senate that listed new fixed guideway systems and 
     extensions to existing systems that are eligible to receive 
     funding for final design and construction or are eligible to 
     receive funding for alternatives analysis and preliminary 
     engineering. The House bill contained no similar provision.
       The conference agreement includes a provision that makes 
     funds appropriated to the Miami-Dade east-west multimodal and 
     the Miami Metro-Dade North 27th Avenue corridor projects in 
     previous Department of Transportation and Related Agencies 
     Appropriations Acts available to the Miami, Florida south 
     busway project.
       The conference agreement includes a provision proposed by 
     the Senate that makes funds appropriated in Public Law 105-
     277 for the Colorado-North Front Range corridor feasibility 
     study available for the Colorado-Eagle Airport to Avon light 
     rail system feasibility study. The House bill contained a 
     provision that would have returned these funds to the new 
     starts program for reallocation to other new start projects 
     in fiscal year 2001.
       The conference agreement includes a provision proposed by 
     the Senate that makes funds appropriated in Public Law 106-
     69, the fiscal year 2000 Department of Transportation and 
     Related Agencies Appropriations Act, for certain bus and bus 
     facilities projects in the state of Alabama available to the 
     state of Alabama for buses and bus facilities. The House bill 
     contained no similar provision.
       Three-year availability of section 5309 discretionary 
     funds.--The conference agreement includes a provision that 
     permits the administrator to reallocate discretionary new 
     start and bus facilities funds from projects which remain 
     unobligated after three years. The conferees, however, direct 
     the FTA not to reallocate funds provided in the 1997 and 1998 
     Department of Transportation and Related Agencies 
     Appropriations Acts for the following projects:
     New starts
     Burlington--Essex, Vermont commuter rail
     Cleveland Berea Red Line extension
     Colorado Roaring Fork Valley rail project
     Jackson, Mississippi intermodal corridor
     Galveston, Texas rail trolley system project
     New York St. George ferry terminal project
     New Orleans Canal Street corridor project
     New Orleans Desire Streetcar project
     North Carolina Triangle Transit project
     Salt Lake City, Utah commuter rail project
     San Bernardino Metrolink project
     San Diego Mid-Coast project
     Virginia Railway Express--Woodbridge station improvement 
         project
     Buses and bus facilities
     Arlington, Virginia Clarendon canopy project
     Buena Park, California bus facilities
     Burlington, Vermont multimodal center
     Chatham, Georgia bus facility
     Columbia, South Carolina buses and bus facilities
     Corvalis, Oregon buses and bus facilities
     Dulles, Virginia buses
     El Paso, Texas demand response facility
     Everett, Washington multimodal center
     Folsom, California multimodal facility
     Galveston, Texas buses and bus facilities
     Jackson, Mississippi maintenance facility
     King County, Washington park and ride expansion
     Lake Tahoe, California intermodal transit center
     Milwaukee, Wisconsin intermodal facility
     Minnesota Metro Council Transit Operators, buses and bus 
         facilities
     Mobile, Alabama buses and intermodal facilities
     Modesto, California bus maintenance facility
     Monroe, Louisiana buses
     New Castle, Delaware buses and bus facilities
     New Haven, Connecticut multimodal center
     North Carolina buses and bus facilities
     Red Rose Transit Authority, Pennsylvania
     Rialto, California Metro Link depot
     Sacramento, California bus facility

[[Page 21175]]

     Saint Tammany Parish, buses and bus facilities
     Salt Lake City, Ogden and West Valley, Utah intermodal 
         facilities
     San Joaquin, California buses and bus facilities
     Santa Clara, California buses and bus facilities
     Seattle, Washington Kingdome intermodal facility
     Sonoma County, California park and ride facility
     Staten Island, New York mobility project
     Tampa, Florida buses and bus facilities
     Tucson, Arizona intermodal facility
     Wilkes-Barre, Pennsylvania mobility project

       The conferees agree that when the Congress extends the 
     availability of funds that remain unobligated after three 
     years and would otherwise be available for reallocation at 
     the discretion of the administrator, such funds are extended 
     only for one additional year, absent further congressional 
     direction.
       The conferees direct the FTA to reprogram funds from 
     recoveries and previous appropriations that remain available 
     after three years and are available for reallocation to only 
     those section 3 new starts that have full funding grant 
     agreements in place on the date of enactment of this Act, and 
     with respect to bus and bus facilities, only to those bus and 
     bus facilities projects identified in the accompanying 
     reports of the fiscal year 2001 Department of Transportation 
     and Related Agencies Appropriations Act. The FTA shall notify 
     the House and Senate Committees on Appropriations 15 days 
     prior to any such proposed reallocation.
       Bus and bus facilities.--The conference agreement provides 
     $529,200,000, together with $50,000,000 transferred from 
     ``Federal Transit Administration, Formula grants'' and merged 
     with funding under this heading, for the replacement, 
     rehabilitation and purchase of buses and related equipment 
     and the construction of bus-related facilities. Funds 
     provided for buses and bus facilities are to be distributed 
     as follows:


                                                             Conference
State of Alabama:
  Alabama State Docks intermodal passenger and freight facili$1,000,000
  Birmingham--Jefferson County Transit Authority buses and bus 
    facilities................................................1,000,000
  Dothan--Wiregrass Transit Authority buses and bus facilities..750,000
  Huntsville Space and Rocket Center intermodal center........2,000,000
  Hunstville, intermodal facility...............................500,000
  Huntsville International Airport intermodal center..........5,000,000
  Lanett, vans..................................................250,000
  Mobile Waterfront Terminal..................................5,000,000
  Montgomery--Moulton Street Intermodal Facility..............3,000,000
  Montgomery, civil rights trail trolleys.......................250,000
  Shelby County, vans...........................................200,000
  Staewide, bus and bus facilities............................1,500,000
  Tuscaloosa interdisciplinary science building parking and intermodal 
    facility..................................................9,500,000
  University of Alabama Birmingham fuel cell buses............2,000,000
  University of North Alabama, bus and bus facilities.........2,000,000
  University of South Alabama, buses and bus facilities.......2,500,000
State of Alaska:
  Alaska State Fair park and ride and passenger shuttle system1,000,000
  Denali Depot intermodal facility............................3,000,000
  Fairbanks Bus/Rail Intermodal Facility......................3,100,000
  Fairbanks parking garage and intermodal center..............1,100,000
  Homer Alaska Maritime Wildlife Refuge intermodal and welcome c850,000
  Port McKenzie intermodal facilities.........................7,500,000
  Ship Creek pedestrain and bus facilities and intermodal center/
    parking garage............................................5,000,000
State of Arizona:
  Mesa bus maintenance facility--Regional Public Transportation 
    Authority.................................................2,000,000
  Phoenix, bus and bus facilities.............................4,500,000
  South Central Avenue transit center.........................2,000,000
  Tucson intermodal transportation center at Union Pacific Dep3,000,000
  Tucson, bus and bus facilities..............................1,000,000
State of Arkansas:
  Central Arkansas Transit Authority, bus and bus facilities..1,055,000
  Hot Springs--national park intermodal parking facility........500,000
  Nevada County, vans and mini-vans..............................90,000
  Pine Bluff, buses.............................................290,000
  River Market and College Station Liviable Communities Progra1,100,000
  State of Arkansas, small rural and elderly and handicapped transit 
    buses and bus facilities..................................3,000,000
State of California:
  AC Transit zero-emissions fuel cell bus deployment demonstration 
    project...................................................1,000,000
  Alameda Contra Costs Transit District, buses and bus facilitie500,000
  Anaheim, Buses and Bus facilities.............................250,000
  Brea, buses...................................................150,000
  Calabasas, buses..............................................500,000
  Contra Costa Transit Authority (County Connection), buses.....500,000
  City of Livemore, park and ride facility......................500,000
  Commerce, buses.............................................1,000,000
  Compton, buses and bus-related equipment......................250,000
  Culver City, buses............................................750,000
  Davis, buses................................................1,000,000
  El Dorado, buses..............................................500,000
  El Segundo, Douglas Street gap closure and intermodal facili2,100,000
  Folsom, transit stations....................................1,500,000
  Foothill Transit, buses and bus facilities..................2,500,000
  Fresno, intermodal facilities.................................500,000
  Humboldt County, buses and bus facilities.....................500,000
  Los Angeles County Metropolitan Transportation Authority, bu4,500,000
  Marin County, bus facilities..................................910,000
  Modesto, bus facility.........................................250,000
  Monrovia, electric shuttles...................................580,000
  Monterey Salinas Transit Authority, buses and bus facilities..500,000
  Municipal Transit Operators Coalition, buses................2,000,000
  Oceanside, intermodal facility..............................2,000,000
  Placer County, buses and bus facilities.......................500,000
  Playa Vista, Shuttle buses and bus-related equipment and fac3,000,000
  Redlands, trolley project.....................................800,000
  Rialto, intermodal facility...................................550,000
  Riverside County, buses.......................................500,000
  Sacramento, buses and bus facilities........................1,000,000
  San Bernardino, intermodal facility.........................1,600,000
  San Bernardino, train station.................................600,000
  San Diego, East Village station improvement plan............1,000,000
  San Francisco, MUNI buses and bus facilities................2,000,000
  Santa Barbara County, mini-buses..............................240,000
  Santa Clara Valley Transportation Authority, buses............500,000
  Santa Clarita, maintenance facility.........................2,000,000
  Santa Cruz, buses and bus facilities........................1,550,000
  Sonoma County, buses and bus facilities.....................1,000,000
  Sunline transit agency, buses...............................1,000,000
  Temecula, bus shelters........................................200,000
  Vista, bus center.............................................300,000
State of Colorado:
  Statewise bus and bus facilities...........................10,000,000
State of Connecticut:
  Bridgeport, intermodal center...............................5,000,000
  Hartford/New Britain busway...................................750,000
  New Haven, trolley cars and related equipment...............1,000,000
  New London, parade project transit improvements.............2,000,000
  Norwich bus terminal and pedestrian access..................1,000,000
  Waterbury, bus garage.......................................1,000,000
State of Delaware:
  Statewide bus and bus facilities............................3,500,000
State of Florida:
  Statewide bus and bus facilities...........................15,500,000
State of Georgia:
  Atlanta, buses and bus facilities...........................2,000,000
  Chatham, buses and bus facilities...........................2,000,000

[[Page 21176]]

  Cobb County, buses..........................................1,250,000
  Georgia Regional Transit Authority, buses and bus facilities3,000,000
State of Hawaii:
  Honolulu bus and bus facility improvements..................6,000,000
State of Idaho:
  Statewide, bus and bus facilities...........................3,500,000
State of Illinois:
  Harvey, intermodal facilities and related equipment...........250,000
  Statewide, bus and bus facilities...........................6,000,000
State of Indiana:
  Evansville, buses and bus facilities........................1,500,000
  Gary--Adam Benjamin intermodal Center.........................800,000
  Greater Lafayette Public Corporation--Wabash Landing buses and bus 
    facilities................................................1,500,000
  Indianapolis, buses and bus-related equipment...............2,500,000
  South Bend, buses...........................................3,000,000
  West Lafayette, buses and bus facilities....................2,100,000
State of Iowa:
  Ames maintenance facility...................................1,200,000
  Cedar Rapids intermodal facility............................1,200,000
  Clinton facility expansion....................................500,000
  Des Moines park and ride......................................700,000
  Dubuque, buses and bus facilities.............................560,000
  Iowa City intermodal facility...............................1,200,000
  Mason City, bus facility......................................905,000
  Sioux City multimodal ground transportation center..........2,000,000
  Sioux City Trolley system.....................................700,000
  Statewide, bus and bus facilities...........................2,500,000
  Waterloo, buses and bus facilities............................537,000
State of Kansas:
  Johnson County, buses.........................................250,000
  Kansas City, buses..........................................2,000,000
  Kansas City, JOBLINKS.........................................250,000
  Kansas Department of Transportation, rural transit buses....3,000,000
  Lawrence bus and bus facilities...............................500,000
  Topeka, transit facility......................................600,000
  Wichita, buses and ITS related equipment....................3,000,000
  Wyandotte County, buses.......................................250,000
Commonwealth of Kentucky:
  Audubon Area Community Action.................................190,000
  Bluegrass Community Action, buses and bus-related equipment...160,000
  Central Community Action......................................100,000
  Community Action of Southern Kentucky.........................100,000
  Fulton County, vans and buses.................................140,000
  Hardin County, buses..........................................300,000
  Kentucky Department of Transportation.........................500,000
  Kentucky (southern and eastern) transit vehicles............3,000,000
  Lexington, LexTran, buses and bus facilities................3,500,000
  Louisville, bus and bus facilities..........................3,000,000
  Maysville, bus-related equipment...............................64,000
  Morehead, buses and bus-related equipment......................39,000
  Murray/Calloway County, buses and bus related equipment........60,000
  Northern Kentucky Transit Agency, vans.........................42,000
  Paducah Transit Authority, bus and bus facilities...........2,000,000
  Pennyrile, vans and related equipment.........................200,000
  Pikeville, transit facility.................................2,000,000
State of Louisiana:
  Lafeyette multi-modal facility..............................1,250,000
  Plaquemines Panish ferry....................................1,000,000
  St. Bernard Parish intermodal facilities....................1,250,000
  Statewide bus and bus facilities............................2,500,000
State of Maine:
  Bangor intermodal transportation center.....................1,500,000
  Statewide, bus, bus facilities and ferries..................4,000,000
State of Maryland:
  Statewide bus and bus facilities............................8,000,000
Commonwealth of Massachusetts:
  Attleboro, intermodal facilities............................1,000,000
  Berkshire, buses and bus facilities.........................1,000,000
  Beverly and Salem, intermodal station improvements............600,000
  Brockton, intermodal center.................................1,000,000
  Lowell, transit hub.........................................1,250,000
  Merrimack Valley Regional Transit Authority, bus facility.....500,000
  Montachusett, bus facilities, Leominister.....................250,000
  Montachusett, intermodal facilty, Fitchburg.................1,375,000
  Pioneer Valley, Pratransit vehicles and equipment...........1,000,000
  Springfield, intermodal facility..............................500,000
  Woburn, buses and bus facilities..............................250,000
State of Michigan:
  Detroit, buses and bus facilities...........................3,000,000
  Flint, buses and bus facilities...............................500,000
  Lapeer, multi-modal transportation facility....................50,000
  SMART community transit, buses and paratransit vehicles.....4,125,000
  Statewide, buses and bus facilities........................11,000,000
  Traverse City, transfer station.............................1,000,000
State of Minnesota:
  Greater Minnesota buses and bus facilities..................1,250,000
  Metro Transit, buses and bus facilities....................13,500,000
  St. Cloud, buses and bus facilities.........................2,125,000
State of Mississippi:
  Brookhaven multimodal transportation center.................1,000,000
  Coast Transit Authority multimodal facility and shuttle serv3,000,000
  Harrison county, multimodal center..........................1,500,000
  Jackson, buses..............................................1,000,000
  Picayune multimodal center....................................650,000
  State of Mississippi rural transit vehicles and regional transit 
    centers...................................................3,000,000
State of Missouri:
  Bi-State Development Agency, buses..........................3,000,000
  Dunklin, Mississippi, Scott, Ripley, Stoddard and Cape Ciradeau 
    counties, buses and bus facilities........................1,000,000
  Excelsior Springs bus replacement.............................200,000
  Jefferson City van and equipment purchase.....................250,000
  Kansas City, buses and bus facilities.......................1,300,000
  OATS buses and vans.........................................2,000,000
  Southeast Missouri Transportation Service bus and bus facili1,000,000
  Southwest Missouri State University, intermodal facility....1,000,000
  St. Joseph bus replacement..................................1,000,000
  State of Missouri bus and bus facilities....................3,000,000
State of Montana:
  Billings buses and intermodal facility......................4,000,000
  Blackfoot Indian Reservation bus facility.....................500,000
  Great Falls Transit district buses and bus facilities.......1,000,000
  Missoula Ravalli Transportation Management Association buses..750,000
State of Nebraska:
  Missouri River pedestrian crossing--Omaha...................4,000,000
State of Nevada:
  Clark County bus passenger intermodal facility--Henderson...2,000,000
  Clark County, bus rapid transit.............................3,500,000
  Lake Tahoe CNG buses and fleet conversion...................2,000,000
  Reno and Sparks, buses and bus facilities...................1,000,000
  Washoe County buses and bus facilities......................3,000,000
State of New Jersey:
  Elizabeth Ferry Project.......................................500,000
  New Jersey Transit alternative fuel buses...................4,000,000
  Newark Arena bus improvements...............................4,000,000
  Trenton, train/intermodal station...........................5,000,000
State of New Mexico:
  Albuquerque automatic vehicle monitoring system (SOLAR).....2,000,000
  Albuquerque bus replacement.................................1,250,000
  Albuquerque, transit facility...............................5,000,000
  Angel Fire Bus and Bus Facilities.............................750,000
  Carlsbad, intermodal facilities...............................630,000

[[Page 21177]]

  Clovis, buses and bus facility..............................1,625,000
  Las Cruces, buses.............................................500,000
  Santa Fe buses and bus facilities...........................2,000,000
  Valencia County, transportation station improvements........1,250,000
State of New York:
  Buffalo, buses..............................................2,000,000
  Buffalo, intermodal facility..................................500,000
  Eastchester, Metro North facilities...........................250,000
  Greenport and Sag Harbor, ferries and vans.....................60,000
  Highbridge pedestrian walkway.................................100,000
  Jamaica, intermodal facilities................................250,000
  Larchmont, intermodal facility..............................1,000,000
  Long Beach, bus maintenance facility..........................750,000
  Midtown West intermodal ferry terminal......................7,000,000
  Nassau County, buses........................................2,300,000
  New Rochelle, intermodal transportation center..............1,000,000
  Oneida County, buses........................................1,000,000
  Rensselaer County, intermodal facility........................500,000
  Rochester, buses and bus facilities.........................2,000,000
  Saratoga County, buses........................................650,000
  Suffolk County, senior and handicapped vans...................500,000
  Sullivan County, buses, bus facilities, and related equipmen1,250,000
  Syracuse, buses.............................................3,175,000
  Tompkins County, intermodal facility..........................625,000
  Weschester County, buses....................................1,000,000
  Weschester and Duchess counties, vans.........................200,000
State of North Carolina:
  Statewide bus and bus facilities............................8,500,000
State of North Dakota:
  Statewide bus and bus facilities............................2,500,000
State of Ohio:
  Cincinnati--intermodal improvements.........................1,000,000
  Cincinnati Riverfront Transit Center........................3,000,000
  Columbus Near East transit center...........................1,000,000
  Dayton--Second and Main Multimodal Transportation Center......625,000
  Statewide bus and bus facilities...........................14,000,000
State of Oklahoma:
  Metropolitan Tulsa Transit Authority pedestrian and streetscape 
    improvements..............................................2,500,000
  Oklahoma City bus transfer center...........................2,500,000
  Statewide bus and bus facilities............................4,000,000
State of Oregon:
  Albany bus purchase--Linn-Benton transit system...............200,000
  Basin Transit System buses....................................160,000
  Columbia County ADA buses.....................................110,000
  Coos County buses..............................................70,000
  Corvallis Transit System operations facility..................260,000
  Hood River County bus and bus facility........................240,000
  Lakeview buses.................................................50,000
  Lane Transit District buses and bus facility................1,000,000
  Philomath buses................................................40,000
  Redmond, buses and vans........................................50,000
  Rogue Valley buses............................................960,000
  Salem Area Transit District buses...........................1,500,000
  Sandy buses...................................................220,000
  South Clackamas Transportation District bus....................90,000
  South Corridor Transit Center and park and ride facilities in 
    Clackamas County..........................................1,500,000
  Sunset Empire Transit District improvements to Clatsop County 
    Intermodal Facility.........................................800,000
  Tillamook County District transit facilities..................160,000
  Union County bus...............................................44,000
  Wasco County buses.............................................96,000
Commonwealth of Pennsylvania:
  Allegheny County, buses.......................................250,000
  Area Transit Authority, ITS related activities..............1,800,000
  Beaver County, buses........................................1,000,000
  Berks County, buses and bus facilities......................1,000,000
  Bethlehem intermodal facility...............................1,500,000
  Bradford County, buses and bus facilities...................1,000,000
  Bucks County, intermodal facility improvements..............1,250,000
  Cambria County Transit Authority, maintenance facilities......750,000
  Centre Area Transportation Authority, buses.................1,600,000
  Fayette County, maintenance facilities........................500,000
  Indiana, maintenance facilities...............................350,000
  Lancaster, buses............................................1,000,000
  Lycoming County, buses and bus facilities...................2,000,000
  Mid County Transit Authority, buses...........................135,000
  Mid Mon Valley Transit Authority, buses.......................250,000
  Monroe County, buses and bus facilities.....................1,000,000
  Philadelphia--Frankford Transportation Center...............3,500,000
  Philadelphia, Callowhill bus garage...........................250,000
  Phoenixville, transit related improvements..................1,250,000
  Somerset County, ITS related equipment........................100,000
  Westmoreland County, buses and related equipment..............240,000
  Wilkes-Barre intermodal transportation center...............1,000,000
State of Rhode Island:
  Statewide, buses and bus facilities.........................4,000,000
State of South Carolina:
  Statewide, buses and bus facilities.........................6,675,000
State of Tennessee:
  Southern Coalition for Advanced Transportation, buses.......2,000,000
  Statewide, buses and bus facilities.........................4,000,000
State of Texas:
  Austin, buses.................................................500,000
  Brazos Transit District, buses................................500,000
  Corpus Christi, buses and bus facilities....................1,000,000
  Dallas, buses...............................................2,000,000
  El Paso, buses..............................................1,000,000
  Fort Worth, intermodal transportation center................3,500,000
  Fort Worth, buses and bus facilities........................3,000,000
  Galveston, buses and bus facilities...........................250,000
  Harris County, buses and bus facilities.....................2,000,000
  Houston Metro, Main Street Transit Corridor improvements....1,000,000
  Lubbock, buses and bus facilities...........................1,000,000
  Texas Rural Transit Vehicle Fleet Replacement Program.......4,000,000
  Waco, maintenance facility..................................1,650,000
State of Utah:
  Statewide Olympic bus and bus facilities...................10,000,000
State of Vermont:
  Burlington multimodal transportation center.................1,500,000
  Bellows Falls Multimodal....................................1,500,000
  Brattleboro multimodal center...............................2,500,000
  Central Vermont Transit Authority buses and bus facilities..1,500,000
  Chittenden County transportation authority, buses...........1,000,000
  Vermont Statewide paratransit...............................1,500,000
Commonwealth of Virginia:
  Statewide bus and bus facilities...........................15,464,000
State of Washington:
  Clallam County, transportation center.........................500,000
  Clark County, intermodal facilities.........................1,000,000
  Ephrata, buses................................................440,000
  Everett, buses..............................................1,500,000
  King County Metro Eastgate Park and Ride....................3,000,000
  King County Metro transit bus and bus facilities............2,000,000
  Renton/Port Quendall transit project..........................500,000
  Richland, bus maintenance facility..........................1,000,000
  Snohomish County, buses and bus facilities..................1,000,000
  Sound Transit, regional express buses.......................2,000,000
  Statewide combined small transit system request--bus and bus 
    facilities................................................1,250,000
  Thurston County, bus-related equipment......................1,250,000
State of West Virginia:
  Statewide buses and bus facilities..........................2,000,000
State of Wisconsin:
  Statewide bus and bus facilities...........................14,000,000
State of Wyoming:
  Cheyenne transit and operation facility.......................920,000

[[Page 21178]]


       State of Alabama.--The conference agreement provides a 
     total of $1,500,000 for buses and bus facilities within the 
     State of Alabama. Within the funds provided to the state, 
     $25,000 shall be available for Lamar County vans.
       State of Florida.--The conferees direct that the funds 
     provided to the State of Florida for buses and bus facilities 
     are to be allocated to all providers within the state, 
     including Tallahassee.
       Hot Springs, Arkansas.--Up to $560,000 of the funds 
     allocated for the transportation depot and plaza project in 
     Hot Springs, Arkansas in the fiscal year 2000 Department of 
     Transportation and Related Agencies Appropriations Act may be 
     available for buses and bus facilities.
       Commonwealth of Kentucky.--The conference agreement 
     includes $500,000 for buses and bus facilities for the 
     Kentucky Department of Transportation, to be allocated as 
     follows: $88,000 for the city of Frankfort for minibuses; 
     $64,000 for Community Action of Fayette/Lexington for 
     cutaways and lifts; and $102,400 for Lexington Red Cross for 
     minibuses.
       State of Louisiana.--The conference agreement includes 
     $2,500,000 for buses and bus facilities in the State of 
     Louisiana. These funds are to be allocated as follows: 
     Alexandria buses and vans, $40,000; Baton Rouge buses and bus 
     equipment, $50,000; Jefferson Parish buses and bus related 
     facilities, $20,000; Lafayette buses and bus related 
     facilities, $300,000; Louisiana Department of Transportation 
     and Development vans, $135,000; Monroe buses and bus related 
     facilities, $135,000; New Orleans bus lease-maintenance, 
     $1,510,000; Shreveport buses, $295,000; and St. Tammany 
     Parish park and ride, $15,000.
       State of Michigan.--The conference agreement includes 
     $11,000,000 for statewide buses and bus facilities. These 
     funds are to be allocated only for the following transit 
     agencies: Holland, Cadillac/Wexford, Grand Haven, Ludington, 
     Manistee County, Yates Township, Muskegon area transit 
     authority, Barry County, Ionia, Ionia transit authority, 
     Alma, Big Rapids, Clare County, Crawford County transit 
     commission, Gladwin County, Greenville, Isabella County 
     transit commission, Midland, Midland County, Ogemaw County, 
     Roscommon County, Shiawassee, Twin Cities, Berrien County, 
     Cass County, Dowagiac DAR, Kalamazoo County, Van Buren 
     County, Battle Creek, Adrian, Branch area transit authority, 
     Eaton County, Mecosta County, Lenawee County, Bay Metro and 
     Saginaw.
       Nassau County, New York.--The conference agreement includes 
     $2,300,000 for bus and bus facilities in Nassau County, New 
     York. Of that amount, not less than $400,000 shall be made 
     available for service to and from the Nassau County Medical 
     Center and its community health centers.
       State of Utah.--The conference agreement includes 
     $10,000,000 for Olympic buses and bus facilities in the State 
     of Utah. These funds are to be available for temporary and 
     permanent bus and bus facility investments to satisfy the 
     transportation requirements of the 2002 Winter Olympic Games. 
     These funds are to be allocated by the Secretary based on the 
     approved transportation management plan for the Salt Lake 
     City 2002 Winter Olympic Games and the Secretary shall make 
     grants only to the Utah Department of Transportation.
       Commonwealth of Virginia.--The conference agreement 
     includes $15,464,000 for the Commonwealth of Virginia for 
     buses and bus facilities which shall be distributed as 
     follows: Loudoun Transit multi-modal facility, $1,500,000; 
     Hampton Roads bus and bus facilities, $2,500,000; Prince 
     William County fleet replacement, $3,000,000; Fair Lakes 
     League, $500,000; Springfield station improvements, $500,000; 
     Fairfax County Transportation Association of Greater 
     Springfield, $500,000, Falls Church Bus Rapid Transit 
     terminus, $1,000,000; Lynchburg bus and bus facility, 
     $1,500,000; Jamestown/Yorktown and Williamsburg CNG bus, 
     $1,500,000; Danville bus replacement, $58,000; Farmville bus 
     and bus facilities, $100,000; Charlottesville bus and bus 
     facilities, $1,000,000; City of Richmond bus and bus 
     facilities, $2,000,000.
       New fixed guideway systems.--In total, the conference 
     agreement provides $1,085,394,048 for new fixed guideway 
     systems, of which $1,058,400,000 is from new appropriations 
     and $26,994,048 is derived from funds made available in 
     previous appropriations acts that have been reprogrammed to 
     new starts funding in fiscal year 2001. The conference 
     agreement provides for the following distribution of the 
     recommended funding for new fixed guideway systems as 
     follows:

        Project                                        Conference level
Alaska or Hawaii ferry projects.............................$10,400,000
Albuquerque/Greater Albuquerque mass transit project............500,000
Atlanta--MARTA north line extension project..................25,000,000
Austin Capital Metro light rail project.......................1,000,000
Baltimore central LRT double track project....................3,000,000
Birmingham, Alabama transit corridor..........................5,000,000
Boston--South Boston Piers transitway project................25,000,000
Boston Urban Ring project.....................................1,000,000
Burlington-Bennington (ABRB), Vermont commuter rail project...2,000,000
Calais, Maine branch line regional transit program............1,000,000
Canton-Akron-Cleveland commuter rail project..................2,000,000
Central Florida commuter rail project.........................3,000,000
Charlotte, North Carolina, north corridor and south corridor transitway 
  projects....................................................5,000,000
Chicago--METRA commuter rail projects........................35,000,000
Chicago--Ravenswood and Douglas Branch reconstruction project15,000,000
Clark County, Nevada RTC fixed guideway project...............1,500,000
Cleveland Euclid corridor improvement project.................4,000,000
Colorado Roaring Fork Valley project..........................1,000,000
Dallas north central light rail extension project............70,000,000
Denver--Southeast corridor project............................3,000,000
Denver--Southwest corridor project...........................20,200,000
Detroit, Michigan metropolitan airport light rail project.......500,000
Dulles corridor project......................................50,000,000
Fort Lauderdale, Florida Tri-County commuter rail project....15,000,000
Galveston rail trolley extension project......................1,000,000
Girdwood to Wasilla, Alaska commuter rail project............15,000,000
Harrisburg-Lancaster capital area transit corridor 1 commuter rail 
  project.......................................................500,000
Hollister/Gilroy branch line rail extension project...........1,000,000
Honolulu, Hawaii bus rapid transit project....................2,500,000
Houston advanced transit project..............................2,500,000
Houston regional bus project.................................10,750,000
Indianapolis, Indiana northeast-downtown corridor project.....3,000,000
Johnson County, Kansas I-35 commuter rail project.............1,000,000
Kansas City, Missouri Southtown corridor project..............3,500,000
Kenosha-Racine-Milwaukee rail extension project...............4,000,000
Little Rock, Arkansas river rail project......................3,000,000
Long Island Railroad East Side access project.................8,000,000
Los Angeles Mid-City and East Side corridors projects.........2,000,000
Los Angeles North Hollywood extension project................50,000,000
Los Angeles--San Diego LOSSAN corridor project................3,000,000
Lowell, Massachusetts-Nashua, New Hampshire commuter rail proj2,000,000
MARC expansion projects--Penn-Camden lines connector and midday storage 
  facility...................................................10,000,000
Massachusetts North Shore corridor project....................1,000,000
Memphis, Tennessee Medical Center rail extension project......6,000,000
Nashville, Tennessee regional commuter rail project...........6,000,000
New Jersey Hudson Bergen project............................121,000,000
Newark-Elizabeth rail link project............................7,000,000
Northern Indiana south shore commuter rail project............2,000,000
Northwest New Jersey-Northeast Pennsylvania passenger rail pro1,000,000
Oceanside-Escondido, California light rail extension project.10,000,000
Orange County, California transitway project..................2,000,000
Philadelphia-Reading SEPTA Schuylkill Valley metro project...10,000,000
Philadelphia SEPTA Cross County metro project.................2,000,000
Phoenix metropolitan area transit project....................10,000,000
Pittsburgh North Shore--central business district corridor pro5,000,000
Pittsburgh stage II light rail project.......................12,000,000
Portland--Interstate MAX LRT extension project................7,500,000
Portland, Maine marine highway program........................2,000,000
Puget Sound RTA Sounder commuter rail project.................5,000,000
Raleigh-Durham-Chapel Hill Triangle Transit project..........10,000,000

[[Page 21179]]

Rhode Island-Pawtucket and T.F. Green commuter rail and maintenance 
  facility......................................................500,000
Sacramento, California south corridor LRT project............35,200,000
Salt Lake City--University light rail line project............2,000,000
San Bernardino, California Metrolink project..................1,000,000
San Diego Mission Valley East light rail project.............31,500,000
San Francisco BART extension to the airport project..........80,000,000
San Jose Tasman West light rail project......................12,250,000
San Juan Tren Urbano project.................................75,000,000
Santa Fe-Eldorado, New Mexico rail link project...............1,500,000
Seattle, Washington--Central Link LRT project................50,000,000
Spokane, Washington South Valley corridor light rail project..4,000,000
St. Louis, Missouri MetroLink Cross County connector project..1,000,000
St. Louis-St. Clair MetroLink extenson project...............60,000,000
Stamford, Connecticut fixed guideway corridor.................8,000,000
Stockton, California Altamont commuter rail project...........6,000,000
Twin Cities Transitways projects..............................5,000,000
Twin Cities Transitways--Hiawatha corridor project...........50,000,000
Virginia Railway Express commuter rail project................3,000,000
Washington Metro--Blue Line extension--Addison Road (Largo) pr7,500,000
West Trenton, New Jersey rail project.........................2,000,000
Whitehall and St. George ferry terminal projects..............2,500,000
Wilmington, Delaware downtown transit corridor project........5,000,000
Wilsonville to Washington County, Oregon commuter rail project1,000,000

       Austin, Texas capital metro light rail project.--The 
     conference agreement includes $1,000,000 for preliminary 
     engineering work for the north/south and southeast corridor 
     in Austin, Texas.
       Boston--South Boston Piers transitway project.--The 
     conference agreement includes $25,000,000 for the South 
     Boston Piers transitway project. Because of construction 
     delays and coordination of this project with the Central 
     Artery/Tunnel project, the conferees direct that none of the 
     funds provided in this Act for the South Boston Piers 
     transitway project shall be available until (1) the project 
     sponsor produces a finance plan that clearly delineates the 
     full cost to complete the project, as well as other planned 
     capital and operational requirements of the MBTA, and the 
     manner in which the sponsor expects to pay these costs; (2) 
     the FHWA and the FTA conducts a final review and accepts the 
     plan and certifies to the House and Senate Committees on 
     Appropriations that the fiscal management of the project 
     meets or exceeds accepted U.S. government standards; (3) the 
     General Accounting Office and the Department of 
     Transportation's Inspector General conduct an independent 
     analysis of the plans and provide such analysis to the House 
     and Senate Committees on Appropriations within 60 days of FTA 
     accepting the plan; and (4) the House and Senate Committees 
     on Appropriations have concluded their review of the analysis 
     within 60 days of the transmittal of the analysis to the 
     Committees. Lastly, the House directs the FTA and the IG to 
     conduct ongoing, continual financial management reviews of 
     this project.
       Central Florida commuter rail project.--For the central 
     Florida commuter rail project, the conference agreement 
     provides $3,000,000. The conferees are aware that local 
     agencies in Orlando, Florida rescinded their plans to proceed 
     with a light rail project in the Orlando area, for which 
     nearly $56,000,000 in previously appropriated funds were made 
     available, and are now proceeding with commuter rail. While 
     the conference agreement reallocates these balances from the 
     Orlando light rail project to other projects in fiscal year 
     2001, the conferees are mindful of the continuing need to 
     improve mobility in the greater Orlando area and will 
     consider future appropriations for the central Florida 
     commuter rail project as plans are approved by the 
     appropriate local, state and federal agencies.
       Chicago-METRA commuter rail projects.--The conference 
     agreement includes $35,000,000 for preliminary engineering, 
     design and construction on the METRA commuter rail projects 
     in Chicago, Illinois.
       Denver-Southeast cooridor project.--The conference 
     agreement includes $3,000,000 for the Denver southeast 
     corridor project, as proposed by the House. The conferees 
     have provided this amount without prejudice to the pending 
     full funding grant agreement, while recognizing that the 
     federal financial commitment to the southwest line was first 
     necessary to complete.
       Dulles corridor.--The conference agreement includes 
     $50,000,000 for preliminary engineering and design on the 
     Dulles corridor project.
       Girdwood to Wasilla, Alaska, commuter rail project.--The 
     conferees agree that all references in the fiscal year 2000 
     Department of Transportation and Related Agencies 
     Appropriations Act and accompanying statement of managers 
     referring to Girdwood, Alaska, commuter rail project and 
     North Anchorage to Girdwood are intended to refer to the 
     Girdwood to Wasilla, Alaska, commuter rail project as 
     contained in the Act.
       Kansas City, Missouri southtown corridor.--The conference 
     agreement includes $3,500,000 for engineering and design work 
     for the southtown corridor light rail project in Kansas City, 
     Missouri.
       Washington Metropolitan Area Transit Authority.--The 
     conferees expect that the Washington Metropolitan Area 
     Transit Authority will undertake from resources available to 
     the Authority access improvements at Ballston Metro station.
       Whitehall and St. George ferry terminal projects.--The 
     conference agreement provides $2,500,000 for the Whitehall 
     and St. George ferry terminal projects in the New York City 
     area.


                          DISCRETIONARY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement includes $350,000,000 in 
     liquidating cash for discretionary grants as proposed by both 
     the House and the Senate.


                 JOB ACCESS AND REVERSE COMMUTE GRANTS

       The conference agreement includes a total program level of 
     $100,000,000 for job access and reverse commute grants as 
     proposed by the House and the Senate. Within this total, the 
     conference agreement appropriates $20,000,000 from the 
     general fund as proposed by the House and the Senate. The 
     conference agreement includes a provision that waives the cap 
     for small urban and rural areas and provides that up to 
     $250,000 of the funds appropriated under this heading may be 
     used for technical assistance, technical support and 
     performance reviews of the job access and reverse commute 
     grants program.
       Funds appropriated for the job access and reverse commute 
     grants program are to be distributed as follows:

        Project                                              Conference
Alameda and Contra-Costa Counties, California..................$500,000
Archuleta County, Colorado.......................................75,000
Athol/Orange community transportation, Massachusetts............400,000
Broome County Transit, New York.................................250,000
Broward County, Florida.......................................2,000,000
Buffalo, New York...............................................500,000
Capital District Authority, New York............................250,000
Central Kenai Peninsula public transportation...................500,000
Central Ohio....................................................750,000
Chatham, Georgia................................................500,000
Chicago, Illinois.............................................1,000,000
Commonwealth of Virginia......................................4,500,000
Corpus Christi RTA, Texas.......................................550,000
Des Moines, Dubuque, Sioux City, Delaware and Jackson Counties1,600,000
District of Columbia..........................................1,000,000
Dona Ana County, New Mexico.....................................250,000
DuPage County, Illinois.........................................500,000
Easter Seals West Alabama work transition programs..............850,000
Fresno, Tulare, Kings and Kern Counties, California...........3,000,000
Greater Erie Community Action Committee, Pennsylvania...........400,000
Hillsborough County, Florida....................................600,000
Indianapolis, Indiana.........................................1,000,000
Kansas City, Kansas...........................................1,000,000
Las Cruces, New Mexico..........................................260,000
Los Angeles, California.......................................3,500,000
Mantanuska-Susitna borough, M.A.S.C.O.T, Alaska..................60,000
Meramec Community Transit programs, Missouri....................150,000
Mobile, Alabama.................................................250,000
Monterey, California............................................150,000
Nassau County, New York.........................................500,000
North Oakland County, Michigan..................................250,000
OATS job access programs, Missouri..............................750,000
Pittsburgh Port Authority of Allegheny County, Pennsylvania...2,000,000
Portland, Oregon..............................................1,840,000
Rhode Island community food bank transportation.................100,000
Rhode Island Public Transit Authority.........................1,000,000
Rochester, New York.............................................300,000
Sacramento, California........................................1,000,000
San Francisco, California.......................................275,000

[[Page 21180]]

Santa Clara County, California..................................500,000
SEPTA, Philadelphia, Pennsylvania.............................3,000,000
Sitka, Alaska transit expansion program.........................400,000
Southern Illinois RIDES.........................................150,000
State of Alabama..............................................1,500,000
State of Arkansas.............................................4,000,000
State of Illinois.............................................1,000,000
State of Maine..................................................500,000
State of Maryland.............................................2,400,000
State of New Hampshire..........................................340,000
State of New Mexico...........................................2,000,000
State of Oklahoma.............................................4,500,000
State of Tennessee............................................2,000,000
State of Vermont..............................................1,500,000
State of Washington...........................................2,000,000
State of West Virginia........................................1,500,000
State of Wisconsin............................................4,700,000
Suffolk County, New York........................................445,000
Sullivan County, New York.......................................200,000
Tompkins County, New York.......................................300,000
Troy State University, Alabama--Rosa Parks Center.............2,000,000
Tucson, Arizona...............................................1,000,000
Tysons Corner/Dulles Corridor, Virginia.........................500,000
Ulster County, New York.........................................200,000
Washoe County, Nevada.........................................1,000,000
Ways to Work family loan program, Southeastern U.S............2,000,000
Western Massachusetts...........................................350,000
York County, Maine..............................................900,000

       State of Tennessee.--Of the funds provided to the State of 
     Tennessee, $500,000 shall be available to Chattanooga Area 
     Regional Transit Authority in Chattanooga, Tennessee.

             Saint Lawrence Seaway Development Corporation


                       operations and maintenance

                    (Harbor Maintenance Trust Fund)

       The conference agreement appropriates $13,004,000 for 
     operations and maintenance of the Saint Lawrence Seaway 
     Development Corporation as proposed by the House. The Senate 
     bill provided $12,400,000.

              Research and Special Programs Administration


                     Research and Special Programs

       The conference agreement appropriates $36,373,000 for 
     research and special programs instead of $36,452,000 as 
     proposed by the House and $34,370,000 as proposed by the 
     Senate. Within this total, $4,707,000 is available until 
     September 30, 2003 as proposed by the House instead 
     $4,201,000 as proposed by the Senate. The following 
     adjustments are made to the budget estimate:

Slight reduction in hazardous materials international standards-$23,000
Fund 2 of 5 new emergency transportation positions.............-244,000
Reduce proposed increases for crisis response..................-300,000
Reduce funding for new transportation infrastructure program.-2,400,000
Deny funding for university marine grants....................-2,500,000
Human centered fatigue research................................+300,000
Continue to fund Garrett Morgan program in-house...............-200,000
Reduction in business modernization............................-564,000
Reduce employee development funding............................-227,000
                                                       ________________
                                                       
    Net adjustment to budget estimate.......................-$6,158,000

       Bill language is retained that permits up to $1,200,000 in 
     fees to be collected and deposited in the general fund of the 
     Treasury as offsetting receipts. Also, bill language is 
     included that permits funds received from states, counties, 
     municipalities, other public authorities and private sources 
     for expenses incurred for training, reports publication and 
     dissemination, and travel expenses incurred in the 
     performance of hazardous materials exemptions and approval 
     functions. Both of these provisions were contained in the 
     House and Senate bills.


                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       The conference agreement provides a total of $47,044,000 
     for the pipeline safety program instead of $40,137,000 as 
     proposed by the House and $43,144,000 as proposed by the 
     Senate. Within this total, $23,837,000 is available until 
     September 30, 2003 instead of $20,713,000 as proposed by the 
     House and $24,432,000 as proposed by the Senate.
       Of this total, the conference agreement specifies that 
     $7,488,000 shall be derived from the Oil Spill Liability 
     Trust Fund; $36,556,000 from the Pipeline Safety Fund; and 
     $3,000,000 from the reserve fund. The House bill allocated 
     $4,263,000 from the Oil Spill Liability Trust Fund and 
     $35,874,000 from the Pipeline Safety Trust Fund. The Senate 
     bill provided $8,750,000 from the Oil Spill Liability Trust 
     Fund; $31,894,000 from the Pipeline Safety Fund; and 
     $2,500,000 from the reserve fund.
       Bill language specifies that the reserve fund should be 
     used for damage prevention grants to states as proposed by 
     the Senate. The House bill contained no similar provision.
       The following table reflects the total allocation for 
     pipeline safety in fiscal year 2001:

----------------------------------------------------------------------------------------------------------------
                                                                            Oil spill
                       Budget activity                          Pipeline    liability     Reserve       Total
                                                              safety fund   trust fund    fund \1\
----------------------------------------------------------------------------------------------------------------
Personnel, compensation, and benefits.......................   $8,963,000     $900,000  ...........   $9,863,000
Operating expenses..........................................    3,614,000    1,345,000  ...........    4,959,000
Information systems.........................................      935,000      400,000  ...........    1,335,000
Risk assessment and technical studies.......................      850,000      400,000  ...........    1,250,000
Compliance..................................................      200,000      100,000  ...........      300,000
Training and information dissemination......................      800,000      300,000  ...........    1,100,000
Emergency notification......................................      100,000  ...........  ...........      100,000
Public education and damage control.........................      300,000      200,000  ...........      500,000
Oil Pollution Act...........................................  ...........    2,443,000  ...........    2,443,000
Research and development....................................    2,744,000  ...........  ...........    2,744,000
State grants................................................   15,000,000    1,400,000  ...........   16,400,000
Risk management.............................................       50,000  ...........  ...........       50,000
One-call notification.......................................    1,000,000  ...........  ...........    1,000,000
Damage prevention grants....................................    2,000,000  ...........   $3,000,000    5,000,000
                                                             ---------------------------------------------------
      Total.................................................   36,556,000    7,488,000    3,000,000  47,044,000
----------------------------------------------------------------------------------------------------------------
\1\ Funding derived from the reserve fund is not directly appropriated.

       State of Washington.--Within the funds provided for 
     operating expenses, the conference agreement provides 
     $800,000 to the State of Washington to match the state 
     legislature's supplemental appropriation for pipeline safety 
     activities as directed by the Senate. The House contained no 
     similar appropriation.
       Research and development.--The budget request for research 
     and development has been increased by $600,000 to support 
     airborne mapping research, technology, and engineering in 
     support of improved leak detection, analysis, and response by 
     federal, state, and industry pipeline safety officials.


                     emergency preparedness grants

                     (emergency preparedness fund)

       The conference agreement provides $200,000 for emergency 
     preparedness grants as proposed by both the House and the 
     Senate. The conference agreement includes a limitation on 
     obligation of $14,300,000 instead of $13,227,000 as proposed 
     by the Senate. The House bill carried no similar provision.
       Bill language, proposed by the Senate, which delayed the 
     registration and processing fees collected under the 
     emergency preparedness grant program from July 1 to September 
     30, 2000, has been deleted. The House bill contained no 
     similar provision.


                      Office of Inspector General

                         Salaries and Expenses

       The conference agreement appropriates $48,450,000 for the 
     Office of Inspector General instead of $48,050,000 as 
     proposed by the House and $49,000,000 (including transfers) 
     as proposed by the Senate. The agreement does not include 
     language proposed by the Senate deriving $38,500,000 of 
     program funding by transfer from DOT modal administrations, 
     and does include House language authorizing the use of funds 
     for investigation of fraud, deceptive trade practices, and 
     unfair methods of competition in the airline industry.
       DCAA audits.--The conferees reiterate concerns expressed by 
     the House and Senate over the declining modal requests for 
     contract audits performed by the Defense Contract Audit 
     Agency (DCAA). These audits are a primary tool in the 
     prevention of government waste, fraud, and abuse, and will 
     not be neglected by the Department of Transportation. The 
     Committees on Appropriations will continue to monitor this 
     issue, and may consider mandated set-aside funding from the 
     modal administrations, or other strong measures, if the lack 
     of support continues. The Assistant Secretary for Budget and 
     Programs is directed to ensure that all modal administrations 
     are reminded, in writing, of

[[Page 21181]]

     the importance of these audits, and is requested to work with 
     the Office of Inspector General to track formally and review 
     DCAA audit requests on a monthly or quarterly basis 
     throughout the coming fiscal year.

                      SURFACE TRANSPORTATION BOARD


                         Salaries and Expenses

       The conference agreement appropriates $17,954,000 for 
     salaries and expenses of the Surface Transportation Board as 
     proposed by the House instead of $17,000,000 as proposed by 
     the Senate. In addition, the conference agreement includes 
     language, proposed by the House, which allows the Board to 
     offset $900,000 of its appropriation from fees collected 
     during the fiscal year. The Senate bill allowed the Board to 
     collect $954,000 in fees to augment its appropriation.
       Union Pacific/Southern Pacific(UP/SP) merger.--On December 
     12, 1997, the Board granted a joint request of Union Pacific 
     Railroad Company and the City of Wichita and Sedgwick County, 
     KS (Wichita/Sedgwick) to toll the 18-month mitigation study 
     pending in Finance Docket No. 32760. The decision indicated 
     that, at such time as the parties reach agreement or 
     discontinue negotiations, the Board would take appropriate 
     action.
       By petition filed June 26, 1998, Wichita/Sedgwick and UP/SP 
     indicated that they had entered into an agreement, and 
     jointly petitioned the Board to impose the agreement as a 
     condition of the Board's approval of the UP/SP merger. By 
     decision dated July 8, 1998, the Board agreed and imposed the 
     agreement as a condition to the UP/SP merger. The terms of 
     the negotiated agreement remain in effect. If UP/SP or any of 
     its divisions or subsidiaries materially changes or is unable 
     to achieve the assumptions on which the Board based its final 
     environmental mitigation measures, then the Board should 
     reopen Finance Docket 32760 if requested by interested 
     parties, and prescribe additional mitigation properly 
     reflecting these changes if shown to be appropriate.
       March 2000 hearings.--On March 7-10, 2000, the STB held a 
     series of public hearings about major rail consolidations and 
     the future of the rail network. Following the issuance of its 
     new merger policy, the STB shall submit to the House and 
     Senate Committees on Appropriations, the Senate Commerce 
     Committee, and the House Transportation and Infrastructure 
     Committee a report which: (1) identifies concerns that were 
     raised at the March 2000 hearings; (2) details the actions 
     that the STB will undertake to address these concerns; and 
     (3) indicates where the STB lacks the authority and/or 
     personnel resources to effectively address these concerns. 
     This report shall be due July 1, 2001.

                       TITLE II--RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         SALARIES AND EXPENSES

       The conference agreement provides $4,795,000 for the 
     Architectural and Transportation Barriers Compliance Board as 
     proposed by both the House and the Senate.

                  National Transportation Safety Board


                         Salaries and Expenses

       The conference agreement appropriates $62,942,000 for 
     salaries and expenses of the National Transportation Safety 
     Board as proposed by the House instead of $59,000,000 as 
     proposed by the Senate. Within the funds provided, NTSB 
     should continue participating in the interagency initiative 
     on aviation safety in Alaska.
       Training center and research facility.--NTSB shall enter 
     into an agreement to locate its training center and research 
     facility on land provided by George Washington University at 
     the Loudoun County, Virginia campus. This new facility, 
     sought by the NTSB, will provide NTSB additional laboratory 
     space, classrooms, and conference space as well as house the 
     wreckage of TWA flight 800.

                     TITLE III--GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 301 allows funds for aircraft; motor vehicles; 
     liability insurance; uniforms; or allowances, as authorized 
     by law as proposed by both the House and Senate.
       Sec. 302 requires pay raises to be funded within 
     appropriated levels in this Act or previous appropriations 
     Acts as proposed by both the House and Senate.
       Sec. 303 modifies and makes permanent the House and Senate 
     provision that allows funds for expenditures for primary and 
     secondary schools and transportation for dependents of 
     Federal Aviation Administration personnel stationed outside 
     the continental United States.
       Sec. 304 limits appropriations for services authorized by 5 
     U.S.C. 3109 to the rate for an Executive Level IV as proposed 
     by both the House and Senate.
       Sec. 305 prohibits funds in this Act for salaries and 
     expenses of more than 104 political and Presidential 
     appointees in the Department of Transportation and includes a 
     provision that prohibits political and Presidential personnel 
     to be assigned on temporary detail outside the Department of 
     Transportation or an independent agency funded in this Act as 
     proposed by both the Senate and House.
       Sec. 306 prohibits pay and other expenses for non-Federal 
     parties in regulatory or adjudicatory proceedings funded in 
     this Act as proposed by both the House and Senate.
       Sec. 307 prohibits obligations beyond the current fiscal 
     year and prohibits transfers of funds unless expressly so 
     provided herein as proposed by both the House and Senate.
       Sec. 308 limits consulting service expenditures of public 
     record in procurement contracts as proposed by both the House 
     and Senate.
       Sec. 309 modifies the Senate provision to codify 
     prohibitions against the release of certain personal 
     information without express consent of the person to whom 
     such information pertains; and inserts a new subsection that 
     prohibits the withholdings of funds provided in this Act for 
     any grantee if a State is in noncompliance with this 
     provision. The House proposed no similar provision.
       Sec. 310 modifies the distribution of the Federal-aid 
     highways program proposed by the Senate. The House proposed 
     no similar provision.
       Sec. 311 exempts previously made transit obligations from 
     limitations on obligations as proposed by both the House and 
     Senate.
       Sec. 312 prohibits funds for the National Highway Safety 
     Advisory Commission as proposed by both the House and Senate.
       Sec. 313 prohibits funds to establish a vessel traffic 
     safety fairway less than five miles wide between Santa 
     Barbara and San Francisco traffic separation schemes as 
     proposed by both the House and Senate.
       Sec. 314 allows airports to transfer to the Federal 
     Aviation Administration instrument landing systems as 
     proposed by both the House and Senate.
       Sec. 315 prohibits funds to award multiyear contracts for 
     production end items that include certain specified 
     provisions as proposed by both the House and Senate.
       Sec. 316 allows funds for discretionary grants of the 
     Federal Transit Administration for specific projects, except 
     for fixed guideway modernization projects, not obligated by 
     September 30, 2003, and other recoveries to be used for other 
     projects under 49 U.S.C. 5309 as proposed by both the House 
     and Senate.
       Sec. 317 allows transit funds appropriated before October 
     1, 2000, and that remain available for expenditure to be 
     transferred as proposed by both the House and Senate.
       Sec. 318 prohibits funds to compensate in excess of 335 
     technical staff years under the federally funded research and 
     development center contract between the Federal Aviation 
     Administration and the Center for Advanced Aviation Systems 
     Development instead of 320 technical staff years as proposed 
     by both the House and Senate.
       Sec. 319 allows funds received by the Federal Highway 
     Administration, Federal Transit Administration, and the 
     Federal Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training to be credited to each 
     agency's respective accounts as proposed by the House and 
     Senate.
       Sec. 320 prohibits funds to be used to prepare, propose, or 
     promulgate any regulation pursuant to title V of the Motor 
     Vehicle Information and Cost Savings Act prescribing 
     corporate average fuel economy standards for automobiles as 
     defined in such title, in any model year that differs from 
     standards promulgated for such automobiles prior to enactment 
     of this section as proposed by the House. The Senate proposed 
     no similar provision.
       Sec. 321 allows funds made available for Alaska or Hawaii 
     ferry boats or ferry terminal facilities to be used to 
     construct new vessels and facilities or to improve existing 
     vessels and facilities, and for repair facilities. The 
     conference agreement includes a new provision allowing the 
     State of Hawaii to use not more than $3,000,000 of the 
     amounts it receives from this program to initiate and operate 
     an inter-island and intra-island demonstration project. The 
     Senate proposed to allow funds made available for Alaska or 
     Hawaii ferry boats or ferry terminal facilities to be used to 
     construct new vessels and facilities, to provide passenger 
     ferryboat service, or to improve existing vessels and 
     facilities, and for repair facilities. The House proposed no 
     similar provision.
       Sec. 322 allows funds received by the Bureau of 
     Transportation Statistics to be subject to the obligation 
     limitation for Federal-aid highways and highway safety 
     construction as proposed by both the House and Senate.
       Sec. 323 prohibits the use of funds for any type of 
     training which: (1) does not meet needs for knowledge, 
     skills, and abilities bearing directly on the performance of 
     official duties; (2) could be highly stressful or emotional 
     to the students; (3) does not provide prior notification of 
     content and methods to be used during the training; (4) 
     contains any religious concepts or ideas; (5) attempts to 
     modify a person's values or lifestyle; or (6) is for AIDS 
     awareness training, except for raising awareness of medical 
     ramifications of AIDS and workplace rights as proposed by the 
     House. The Senate proposed no similar provision.
       Sec. 324 prohibits the use of funds in this Act for 
     activities designed to influence Congress or a state 
     legislature on legislation or appropriations except through 
     proper, official channels as proposed by both the House and 
     Senate.
       Sec. 325 requires compliance with the Buy American Act as 
     proposed by both the House and Senate.

[[Page 21182]]

       Sec. 326 provides an appropriation of $54,963,000 from the 
     Highway Trust Fund for the Appalachian development highway 
     system instead of providing $54,963,000 from the general fund 
     as proposed by the Senate. The House proposed no similar 
     appropriation.
       Sec. 327 credits to appropriations of the Department of 
     Transportation rebates, refunds, incentive payments, minor 
     fees and other funds received by the Department from travel 
     management centers, charge card programs, the subleasing of 
     building space, and miscellaneous sources as proposed by both 
     the House and Senate. Such funds received shall be available 
     until December 31, 2001.
       Sec. 328 authorizes the Secretary of Transportation to 
     allow issuers of any preferred stock to redeem or repurchase 
     preferred stock sold to the Department of Transportation as 
     proposed by the House and Senate.
       Sec. 329 provides $750,000 for the Amtrak Reform Council 
     instead of $495,000 proposed by the Senate and $450,000 
     proposed by the House. Sec. 329 also includes provisions that 
     amend section 203 of Public Law 105-134 regarding the Amtrak 
     Reform Council's recommendations on Amtrak routes identified 
     for closure or realignment as proposed by both the House and 
     Senate.
       Sec. 330 amends item number 1473 in section 1602 of Public 
     Law 105-178 by striking ``Stony'' and inserting ``Commerce''. 
     The House and Senate proposed no similar provision.
       Sec. 331 prohibits funds in this Act unless the Secretary 
     of Transportation notifies the House and Senate Committees on 
     Appropriations not less than three full business days before 
     any discretionary grant award, letter of intent, or full 
     funding grant agreement totaling $1,000,000 or more is 
     announced by the department or its modal administrations as 
     proposed by both the House and Senate.
       Sec. 332 specifies that $20,000,000 made available for the 
     James A. Farley Post Office building in fiscal year 2001 must 
     be spent only on fire and life safety initiatives. The 
     conferees consider fire and life safety improvements to 
     include, but not be limited to, matters concerning 
     ventilation, vertical access, and egress. The Pennsylvania 
     Station Redevelopment Corporation shall be the grantee for 
     these funds and shall control expenditures. The House 
     proposed to rescind $60,000,000 for the James A. Farley Post 
     Office Building. The Senate bill contained no similar 
     rescission.
       Sec. 333 prohibits funds for planning, design, or 
     construction of a light rail system in Houston, Texas, as 
     proposed by the House. The Senate proposed no similar 
     provision.
       Sec. 334 amends section 3030(b) of Public Law 105-178 to 
     authorize the Wilmington downtown transit corridor and the 
     Honolulu bus rapid transit project as proposed by the Senate. 
     The House proposed no similar provision.
       Sec. 335 prohibits the use of funds in this act to adopt 
     the rulemaking on Hours of Service of Drivers; Driver Rest 
     and Sleep for Safe Operations (Docket No. FMCSA 97-2350-953), 
     and includes a provision that allows the Federal Motor 
     Carrier Safety Administration to proceed through all stages 
     of the rulemaking, including issuing a supplemental notice of 
     proposed rulemaking, except the adoption of a final rule. The 
     Senate proposed prohibiting the use of funds in this act to 
     consider, finalize, or enforce the rulemaking. The House 
     proposed no similar provision.
       Sec. 336 amends section 3038(e) of Public Law 105-178 
     pertaining to the federal share of the rural transportation 
     accessibility incentive program as proposed by both the House 
     and Senate.
       Sec. 337 amends item number 273 of section 1602 of Public 
     Law 105-178 pertaining to the Martin Luther King Jr. Parkway 
     in Des Moines, Iowa, as proposed by the House. The Senate 
     proposed no similar provision.
       Sec. 338 amends item number 328 of section 1602 of Public 
     Law 105-178 pertaining to Louisiana Highway 30 as proposed by 
     the House. The Senate proposed no similar provision.
       Sec. 339 amends items numbered 63 and 186 of section 1602 
     of Public Law 105-178 pertaining to projects in Ohio as 
     proposed by the House. The Senate proposed no similar 
     provision.
       Sec. 340 pertains to funds apportioned to the Commonwealth 
     of Massachusetts and the Central Artery/Tunnel project. The 
     House proposed prohibiting funds in this Act for salaries and 
     expenses of any departmental official to authorize project 
     approvals or advance construction authority for the Central 
     Artery/Tunnel project in Boston, Massachusetts. The Senate 
     proposed limiting the total Federal contribution for the 
     project to not more than $8,549,000,000.
       This provision is included in the conference agreement 
     without prejudice to the current administration of the 
     Massachusetts Turnpike Authority (MTA). Following years of 
     obfuscation, the current administration at MTA has been 
     forthcoming with details of the cost overruns on, and the 
     costs-to-complete, the Central Artery/Tunnel project, as well 
     as identifying the means by which the Commonwealth of 
     Massachusetts plans to finance the project's costs. Moreover, 
     the MTA recently negotiated with the Federal Highway 
     Administration, the Massachusetts Highway Department and the 
     Massachusetts Executive Office of Transportation and 
     Construction a partnership agreement that limits federal 
     financial participation in the project and sets forward other 
     terms and conditions, including the requirement that the 
     Commonwealth undertake a balanced statewide construction 
     program of $400,000,000 a year in construction activities and 
     specific transportation projects in the Commonwealth other 
     than the Central Artery/Tunnel project. The conferees commend 
     the MTA for these actions. This provision is not intended to 
     impugn the administration of, or the recent actions taken by, 
     the MTA, but rather to codify the partnership agreement to 
     ensure that federal financial participation in the Central 
     Artery/Tunnel project has an upper limit, and to ensure that 
     the Federal Highway Administration and the Secretary of the 
     Department of Transportation fulfill their fiduciary 
     responsibilities to the American taxpayer.
       Sec. 341 amends section 3027(c)(3) of Public Law 105-178 
     relating to services for the elderly and persons with 
     disabilities as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 342 allows unobligated balances under section 149 of 
     Public Law 100-17 and the Ebensburg bypass demonstration 
     project of Public Law 101-164 to be used for improvements 
     along Route 56 in Cambria County, Pennsylvania, as proposed 
     by the House. The Senate proposed no similar provision.
       Sec. 343 prohibits funds in this Act for the planning, 
     development, or construction of the California State Route 
     710 freeway extension project through South Pasadena, 
     California, as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 344 prohibits funds in this Act for engineering work 
     related to an additional runway at New Orleans International 
     Airport as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 345 provides that $800,000 from capital investment 
     grants in Public Law 105-277 may be available for an 
     intermodal parking facility in Cambria County, Pennsylvania. 
     The House and Senate proposed no similar provision.
       Sec. 346 prohibits funds in this Act to be used for the 
     implementation of the Kyoto Protocol prior to its 
     ratification as proposed by the Senate. The House proposed no 
     similar provision.
       Sec. 347 modifies the Senate provision to prohibit the 
     submission of a budget request that assumes revenues or 
     reflects a reduction from the previous year due to user fee 
     proposals that have not been enacted into law prior to the 
     submission of the President's budget unless the budget 
     submission identifies which additional spending reductions 
     should occur in the event the user fee proposals are not 
     enacted prior to the date of a committee of conference for 
     the fiscal year 2002 appropriations Act. The House proposed 
     no similar provision.
       Sec. 348 provides that amounts appropriated for salaries 
     and expenses for the Department of Transportation may be used 
     to reimburse safety inspectors for not to exceed one-half the 
     costs incurred by such employees for professional liability 
     insurance, contingent upon the submission of required 
     information or documentation by the Department, as proposed 
     by the Senate. The House proposed no similar provision.
       Sec. 349 prohibits funds in this Act to be used to adopt 
     guidelines or regulations requiring airport sponsors to 
     provide the Federal Aviation Administration ``without cost'' 
     buildings, maintenance, or space for FAA services, as 
     proposed by the Senate. The prohibition does not apply to 
     negotiations between FAA and airport sponsors concerning 
     ``below market'' rates for such services or to grant 
     assurances that require airport sponsors to provide land 
     without cost to the FAA for air traffic control facilities. 
     The House proposed no similar provision.
       Sec. 350 modifies the Senate provision to require the Coast 
     Guard to submit quarterly reports beginning after December 
     31, 2000, to the House and Senate Committees on 
     Appropriations on all major Coast Guard acquisition projects. 
     The House proposed no similar provision.
       Sec. 351 modifies the Senate provision that withholds the 
     highway funds of States that fail to adopt a blood alcohol 
     content level intoxication standard of .08 by fiscal year 
     2004. Under the conference agreement, States that do not 
     adopt this standard will lose a portion of their highway 
     funds each year, beginning in fiscal year 2004 (2 percent in 
     2004, 4 percent in 2005, 6 percent in 2006, and 8 percent in 
     2007). If States enter into compliance by the end of 2007, 
     funds withheld by sanction are restored in the State's 
     apportionment. The House proposed no similar provision.
       Sec. 352 allows the Federal Aviation Administration to 
     provide for the conveyance of airport property to an 
     institution of higher education in Oklahoma as proposed by 
     the Senate. The House proposed no similar provision.
       Sec. 353 amends item 1006 of section 1602 of Public Law 
     105-178 regarding a highway project in Polk County, Iowa, as 
     proposed by the Senate. The House proposed no similar 
     provision.
       Sec. 354 allows the State of Mississippi to use funds 
     previously allocated to it under the transportation 
     enhancement program, if available, for constructing an 
     underpass

[[Page 21183]]

     along Star Landing Road in DeSoto County, Mississippi, as 
     proposed by the Senate. The House proposed no similar 
     provision.
       Sec. 355 modifies the Senate provision that amends section 
     1214 of Public Law 105-178 to provide that the non-Federal 
     share of project number 1646 in section 1602 may be funded by 
     Federal funds from an agency or agencies not part of the 
     Department of Transportation. The Senate proposed that the 
     Secretary shall not delegate responsibility for carrying out 
     the project to a State. The House proposed no similar 
     provision.
       Sec. 356 modifies the Senate provision that designates the 
     New Jersey transit commuter rail station located at the 
     intersection of the Main/Bergen line and the Northeast 
     Corridor line in the State of New Jersey as the ``Frank R. 
     Lautenberg Station''. The House proposed no similar 
     provision.
       Sec. 357 prohibits funds in this Act for the planning, 
     development, or construction of an expressway at section 800 
     on Pennsylvania Route 202 in Bucks County, Pennsylvania. The 
     House and Senate proposed no similar provision.
       Sec. 358 amends Public Law 106-69 to allow funding for 
     buses, bus-related equipment and bus facilities in the State 
     of Michigan. The House and Senate proposed no similar 
     provision.
       Sec. 359 establishes a program to reduce traffic congestion 
     that will allow eligible employees of federal agencies to 
     participate in telecommuting to the maximum extent possible 
     without diminished employee performance. Within one year, the 
     Office of Personnel Management shall evaluate the 
     effectiveness of the program and report to Congress. Each 
     agency participating in the program shall develop criteria to 
     be used in implementing such a policy and ensure that 
     managerial, logistical, organizational, or other barriers to 
     full implementation and successful functioning of the policy 
     are removed. Each agency should also provide for adequate 
     administrative, human resources, technical, and logistical 
     support for carrying out the policy. Telecommuting refers to 
     any arrangement in which an employee regularly performs 
     officially assigned duties at home or other work sites 
     geographically convenient to the residence of the employee. 
     Eligible employees mean any satisfactorily performing 
     employee of the agency whose job may typically be performed 
     at least one day per week. The House and Senate proposed no 
     similar provision.
       Sec. 360 provides that new fixed guideway system funds 
     previously provided in Public Law 105-66 may be used for 
     projects in Jackson, Mississippi. The House and Senate 
     proposed no similar provision.
       Sec. 361 provides that funds made available in item number 
     760 of section 1602 of Public Law 105-178 shall be used for 
     corridor planning studies between western Baldwin County and 
     Mobile Municipal Airport in Alabama. The House and Senate 
     proposed no similar provision.
       Sec. 362 amends section 1107(b) of Public Law 102-240 as it 
     pertains to projects in Akron, Ohio. The House and Senate 
     proposed no similar provision.
       Sec. 363 pertains to the federal share of the total cost 
     relating to the reconstruction of a road and causeway in the 
     Shiloh Military Park in Hardin County, Tennessee. The House 
     and Senate proposed no similar provision.
       Sec. 364 amends section 30118 of title 49, United States 
     Code, to require motor vehicle manufacturers to review and 
     consider information from any foreign source on defects of 
     motor vehicles, original equipment, or replacement equipment 
     that do not comply with applicable motor vehicle safety 
     standards. The House and Senate proposed no similar 
     provision.
       Sec. 365 allows funds appropriated to the Federal Transit 
     Administration to be transferred to the Agency for 
     International Development for transportation needs in the 
     Frontline states to the Kosovo conflict. The House and Senate 
     proposed no similar provision.
       Sec. 366 allows funds provided in Public Law 105-66 for the 
     Salt Lake City regional commuter system project to be used 
     for transit and other transportation-related portions of the 
     Salt Lake City regional commuter system and Gateway 
     intermodal terminal. The House and Senate proposed no similar 
     provision.
       Sec. 367 provides funding from section 1404 of Public Law 
     105-178 to the Commonwealth of Kentucky. The House and Senate 
     proposed no similar provision.
       Sec. 368 directs the Secretary of Transportation to waive 
     repayment of any federal-aid highway funds expended on the 
     Lincoln Street Bridge project by the City of Spokane, 
     Washington. The House and Senate proposed no similar 
     provision.
       Sec. 369 amends previous appropriations Acts to allow 
     funding for bus and bus facilities. The House and Senate 
     proposed no similar provision.
       Sec. 370 amends item number 6 in section 1602 of Public Law 
     105-178 to provide within amounts previously made available 
     $2,000,000 for repair and reconstruction of the North Ogden 
     Divide Highway in Utah. The House and Senate proposed no 
     similar provision.
       Sec. 371 allows States to use highway safety program funds 
     (section 402 of title 23, United States Code) to produce and 
     place highway safety service messages in television, radio, 
     cinema, Internet, and print media based on guidance issued by 
     the Secretary of Transportation; and requires States to 
     report to the Secretary on the use of such funds for public 
     service messages. The House and Senate proposed no similar 
     provisions.
       Sec. 372 provides that the Mohall Railroad, Inc. may 
     abandon track from Granville to Lansford, North Dakota, and 
     that such abandoned track will not count against the 
     limitation contained in section 402 of Public Law 97-102. The 
     House and Senate proposed no similar provision.
       Sec. 373 amends item number 163 in section 1602 of Public 
     Law 105-178 related to the extension of Kapkowski Road in New 
     Jersey to allow for the study, design, and construction of 
     local street improvements. The House and Senate proposed no 
     similar provisions.
       Sec. 374 amends item number 331 in section 1602 of Public 
     Law 105-178 to allow funds provided for Humboldt Bay and 
     Harbor Port in California to be used for highway and freight 
     rail access. The House and Senate proposed no similar 
     provision.
       Sec. 375 appropriates $5,000,000 to the Alabama Department 
     of Transportation for Muscle Shoals, Tuscumbia, and Sheffield 
     highway-rail improvements. The House and Senate proposed no 
     similar appropriation.
       Sec. 376 appropriates $1,000,000 to Valley Trains and Tours 
     for track acquisition and rehabilitation between Strasburg 
     Junction and Shenandoah Caverns, Virginia. This funding is 
     contingent upon an agreement with Norfolk Southern 
     Corporation on track usage. In addition, funding is 
     contingent on financial support by the Commonwealth of 
     Virginia for this project. The House and Senate proposed no 
     similar appropriation.
       Sec. 377 amends item number 1135 in section 1602 of Public 
     Law 105-178 to allow funds to be used to study all possible 
     alternatives to the current M-14/Barton Drive interchange in 
     Ann Arbor, Michigan, including relocation of M-14/U.S.23 from 
     Maple Road to Plymouth Road, mass transit options, and other 
     means of reducing commuter traffic and improving highway 
     safety. The House and Senate proposed no similar provision.
       Sec. 378 provides necessary expenses, to be derived from 
     the Highway Trust Fund, for various projects within the 
     United States. The House and Senate proposed no similar 
     appropriations.
       Sec. 379 provides additional funding for the Woodrow Wilson 
     Memorial Bridge. The $1,500,000,000 limitation on federal 
     contribution prescribed in this section is not intended to 
     preclude states from using federal-aid apportionments or 
     other federal-aid funds made available to the states for 
     costs associated with the Woodrow Wilson Bridge project. The 
     House and Senate proposed no similar appropriation.
       Sec. 380 provides contingent commitment authority to the 
     Federal Transit Administration for specific capital 
     investment grants. The House and Senate proposed no similar 
     provision.
       Sec. 381 requires the Federal Transit Administrator to sign 
     a full funding grant agreement for the MOS-2 segment of the 
     New Jersey Urban Core-Hudson Bergen project.
       Sec. 382 prohibits funding in this or any other Act for 
     adjusting the boundary of the Point Retreat Light Station in 
     Alaska or otherwise limiting property at that station 
     currently under lease to the Alaska Lighthouse Association. 
     The provision also nullifies any modifications to the 
     boundary at that station made after January 1, 1998.
       The conference agreement deletes the House and Senate 
     provisions that reduce funding and limit obligation authority 
     for activities of the Transportation administrative service 
     center. The House proposed reducing funding by $4,000,000 for 
     activities of the center and limiting obligation authority to 
     $115,387,000. The Senate proposed reducing funding by 
     $53,430,000 for activities of the center and limiting 
     obligation authority to $119,848,000.
       The conference agreement deletes the Senate provision that 
     limits necessary expenses of advisory committees to 
     $1,500,000 of the funds provided in this Act to the 
     Department of Transportation and provides that this 
     limitation shall not apply to negotiated rulemaking advisory 
     committees or the Coast Guard's advisory council on roles and 
     missions as proposed by the Senate.
       The conference agreement deletes the provision proposed by 
     both the House and Senate that authorizes the Secretary of 
     Transportation to transfer appropriations by no more than 12 
     percent among the offices of the Office of the Secretary.
       The conference agreement deletes the House and Senate 
     provisions that prohibit funds in this Act for activities 
     under the Aircraft Purchase Loan Guarantee Program. According 
     to the Federal Aviation Administration, this provision is no 
     longer necessary.
       The conference agreement deletes the Senate provision that 
     allows the Department of Transportation to enter into a 
     fractional aircraft ownership demonstration. Report language 
     is included on this subject under title I, Office of the 
     Secretary, Salaries and expenses.
       The conference agreement deletes the Senate provision that 
     expands the exemption

[[Page 21184]]

     from Federal axle weight restrictions presently applicable 
     only to public transit buses to all over-the-road buses and 
     directs that a study and report concerning applicability of 
     maximum axle weight limitations to over-the-road buses and 
     public transit vehicles be submitted to the Congress.
       The conference agreement deletes the Senate provision that 
     amends section 1105(c) of Public Law 102-240 to clarify the 
     alignment of the Ports-to-Plains corridor from Laredo, Texas, 
     to Denver, Colorado.
       The conference agreement deletes the Senate provision that 
     expresses the sense of the Senate that Congress and the 
     President should immediately take steps to address the 
     growing safety hazard associated with the lack of adequate 
     parking space for trucks along interstate highways.
       The conference agreement deletes the Senate provision that 
     provides for the National Academy of Sciences to conduct a 
     study on noise impacts of railroad operations, including 
     idling train engines on the quality of life of nearby 
     communities, the quality of the environment (including 
     consideration of air pollution), and safety.
       The conference agreement deletes the Senate provision that 
     provides $10,000,000 within the funds made available in this 
     Act for the costs associated with the construction of a third 
     track on the Northeast Corridor between Davisville, and 
     Central Falls, Rhode Island; provides $2,000,000 for a joint 
     United States-Canada commission to study the feasibility of 
     connecting the rail system in Alaska to the North American 
     continental rail system; $400,000 for passenger rail corridor 
     planning activities for development of the Gulf Coast high 
     speed rail corridor; and $250,000 to the city of Traverse 
     City, Michigan, for a comprehensive transportation plan. The 
     House proposed no similar provision. Funding for these 
     projects was considered in title I of the conference 
     agreement.
       The conference agreement deletes the Senate provision that 
     expresses the sense of the Senate regarding funding for Coast 
     Guard operations and acquisitions during fiscal years 2000 
     and 2001.
       The conference agreement deletes the Senate provision that 
     prohibits non-safety related funds to be used for any 
     airport-related grant for the Los Angeles International 
     Airport made to the City of Los Angeles, or any 
     intergovernmental body of which it is a member, by the 
     Department of Transportation or the Federal Aviation 
     Administration, until the Administration concludes the 
     revenue diversion investigation initiated in Docket 13-95-05 
     and either takes action or determines that no action is 
     warranted.

                  TITLE IV--DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt


      gifts to the united states for reduction of the public debt

       The conference agreement includes title IV that 
     appropriates $5,000,000,000 for the reduction of the public 
     debt instead of supplemental appropriations of 
     $12,200,000,000 for the fiscal year ending September 30, 
     2000, for the reduction of the public debt proposed by the 
     Senate. The House Bill contained no similar title.

                  TITLE V--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       The conferees agree to provide an additional $6,424,000 to 
     establish a new interagency National Terrorist Asset Tracking 
     Center (NTATC), to reimburse Treasury Department law 
     enforcement bureaus for detailees to the Center, and for five 
     new positions to reinforce the analytical component of the 
     Office of foreign Assets Control.


                     vehicle usage and replacement

       The conferees agree with the concerns expressed by the 
     Senate over the lack of progress by the Department of the 
     Treasury and its bureaus in establishing a centralized 
     vehicle acquisition program, despite having been provided 
     $1,000,000 for such purposes in fiscal year 1999. The 
     conferees agree with the Senate that the Department must take 
     action before additional funding is provided. The conferees 
     therefore direct that no funds for new vehicle acquisition 
     shall be obligated or expended until the Department has: (1) 
     developed and implemented the vehicle data warehouse, and (2) 
     provided the committees with a report that confirms that 
     policy directives and operating procedures with regard to 
     vehicles have been fully implemented. The conferees expect 
     that the mandate established in section 116 of Public Law 
     105-277 shall remain in force.


        department-wide systems and capital investments programs

       The conferees agree to provide an additional $15,000,000 
     for the Integrated Treasury (Wireless) Network.


                 expanded access to financial services

       The conferees agree to provide an additional $8,000,000 for 
     this account.


                        treasury forfeiture fund

       The conferees clarify that they have agreed to fund 
     $29,107,000 of the $42,500,000 that the Administration 
     proposed to fund in fiscal year 2001 through the Super 
     Surplus in regular appropriations. No funds are provided for 
     Customs Service vehicle replacement ($11,000,000) and 
     Acquisition and Maintenance for the Federal Law Enforcement 
     Training Center ($2,393,000).

                Federal Law Enforcement Training Center


                         salaries and expenses

       The conferees agree to provide an additional $5,000,000 to 
     the Federal Law Enforcement Training Center (FLETC) to 
     establish and operate a metropolitan area law enforcement 
     training center for the Treasury Department, other federal 
     agencies, the United States Capitol Police, and the 
     Washington, D.C. Metropolitan Police Department, primarily as 
     a place for firearms and vehicle operation requalification. 
     The conferees provide that $3,500,000 of such funding would 
     only be made available for obligation after FLETC submits a 
     detailed spending plan to the Committees on Appropriations.
       The conferees are aware that as many as 6,000 federal law 
     enforcement officers in the Washington area require routine 
     skills training, but existing facilities in the region are 
     not meeting this need, in particular for the Treasury 
     Department, the Park Police, the State Department, and the 
     U.S. Capitol Police, The shortage of facilities applies to 
     local law enforcement agencies as well, in particular the 
     Washington, D.C. Metropolitan Police Department.
       The conferees are aware of the work by the Interagency 
     Firearms Range Working Group (IFRWG) and strongly supports 
     its mandate to identify a site and plan for establishment and 
     operation of a Washington, D.C. area facility, to meet the 
     need for regular perishable skills training for federal and 
     other law enforcement agencies. The conferees understand that 
     such training would include firearms requalification, driver 
     training, and possibly other continuous routine training. The 
     conferees expect this facility to accommodate as well the 
     unique in-service and agency specific training requirements 
     of the U.S. Capitol Police.
       The conferees have seen the preliminary plan developed by 
     FLETC for such a local facility, to include semi-enclosed and 
     enclosed firearms facilities as well as vehicle operation 
     courses, and agree that such a facility, to generate the 
     benefits of consolidated law enforcement training, must be 
     designed, built and operated to meet priority needs for 
     continuing professional training, and to avoid needless 
     duplication or inefficiency. The conferees understand that 
     this facility will be for daytime training operations only, 
     with no residential or dining facilities. The conferees 
     expect that any federal agency seeking funding for new or 
     expanded training facilities in the capital region will 
     participate in and coordinate such requests through FLETC and 
     the IFRWG, and that FLETC will strive to accommodate, as 
     space permits, any requests for training from local law 
     enforcement agencies.
       The conferees direct the Federal Law Enforcement Training 
     Center to work with the General Services Administration (GSA) 
     to identify a site for this facility within the GSA inventory 
     of Federal land.


     Acquisition, Construction, Improvements, and Related Expenses

       The conferees agree to provide an additional $25,000,000 
     for design and construction of a metropolitan area law 
     enforcement training center, including firearms and vehicle 
     operations requalification facilities, to remain available 
     until expended. Such funding would include the costs of 
     architecture and engineering plans, design and construction 
     for firearms ranges, vehicle operation ranges, tactical 
     operations training facilities and related teaching 
     facilities such as classrooms and non-lethal shoot houses, as 
     well as administrative and support facilities. The conferees 
     include language making $22,000,000 of these funds 
     unavailable for obligation until a complete design and 
     construction plan with associated timelines and cost 
     breakouts has been submitted to the Committees on 
     Appropriations.

                Bureau of Alcohol, Tobacco, and Firearms


                         Salaries and Expenses

       The conferees agree to provide an additional $4,148,000 for 
     30 agents to participate in Joint Terrorism Task Forces.

                     United States Customs Service


                         Salaries and Expenses

       The conferees agree to provide an additional $18,934,000 
     for counterterrorism activities, including $2,334,000 for 17 
     agents to participate in Joint Terrorism Task Forces; 
     $10,000,000 for northern border security infrastructure; and 
     $6,600,000 for 48 agents to counter-terrorist threats along 
     the northern border. The conferees have also included 
     language prohibiting obligation of funds for the northern 
     border until a plan for the deployment of resources and 
     personnel has been submitted for approval to the Committees 
     on Appropriations.


                        Northern Border Security

       The conferees have long agreed on the inadequacy of the 
     federal response to smuggling and other threats facing the 
     southern border and ports of entry to the U.S. The security 
     threat to the northern border of the U.S. was made plain last 
     winter following the arrests of suspected terrorists 
     attempting to enter the United States from Canada into 
     Washington State and Vermont. The

[[Page 21185]]

     need for increased vigilance along our long, undefended 
     border with Canada is beyond dispute while at the same time 
     commerce with Canada, our major bilateral trading partner, 
     grows apace.
       Aging infrastructure and staffing shortages have created 
     significant bottlenecks as well as increased vulnerability to 
     potential security threats at a number of northern ports of 
     entry. Yet the conferees perceive inadequate planning for and 
     commitment to provide the necessary personnel, facilities and 
     related infrastructure to keep our border crossings safe and 
     yet facilitate the smooth movement of commerce and 
     passengers. Shortcomings in infrastructure are readily 
     visible to visitors to the border, but so are the sparse 
     staffing levels. The northern border extends nearly 4,000 
     miles, but has only about 300 agents and inspectors, while 
     the 2,000 mile southwest border has 8,000. In addition to 
     increases in agents and inspectors needed to meet the threat 
     of terrorism, additional land border inspectors are called 
     for in the 1996 Illegal Immigration Reform and Immigrant 
     Responsibility Act, which has not been fully implemented.
       The conferees therefore direct the U.S. Customs Service, 
     working with the General Services Administration, the 
     Immigration and Naturalization Service, and other agencies 
     responsible for border inspection and facilities, to address 
     the inadequacies that presently exist in facilities and 
     personnel and submit to the Congress a plan to address them 
     with the submission of the fiscal year 2002 budget.


                       Resource Allocation Model

       The Customs Service told the Committees over a year ago 
     that the customs staffing resource allocation model was near 
     completion. However, the model remains under review and not 
     operational. At the same time, the Committees have not 
     received any information about the characteristics of the 
     model. Given then numerous requests to establish, expand, or 
     preserve Customs presence at various ports, it is essential 
     that Customs have such a model in place to permit a more 
     transparent and consistent basis for making such decisions. 
     While the conferees recognize that the use of such a model 
     would not by itself mechanically determine all staffing and 
     organizational decisions, they expect the Committees to be 
     able to understand and review future funding requests. The 
     conferees therefore direct Customs and the Treasury 
     Department to expedite completion of the model and to report 
     to the Committees not later than February 1, 2001 on the 
     characteristics and application of the model and on the 
     status of its implementation. The conferees request that the 
     General Accounting Office review the resource allocation 
     model and supporting data used for this analysis, and report 
     to the Committees on the validity and reliability of the 
     model and its findings.

                        Internal Revenue Service


                 processing, assistance and management

                     electronic tax administration

       In its June 30, 2000, annual report to Congress, the 
     Electronic Tax Administration Advisory Committee (ETAAC) 
     emphasized its position that IRS should stress partnerships, 
     not competition, with the private sector and state and local 
     governments in achieving its electronic tax administration 
     objectives. In this regard, ETAAC believes it is 
     inappropriate for IRS to offer no-cost electronic filing over 
     the Internet, either by developing its own software or 
     aligning itself with a limited number of ``authorized e-file 
     providers.'' IRS is directed to provide the Committees on 
     Appropriations a report commenting on the ETAAC position as 
     well as making any recommendations to address the concerns 
     raised by ETAAC within 120 days of the enactment of this Act. 
     The conferees share these concerns and further direct the IRS 
     to delay implementing no-cost Internet tax filing services 
     until such report has been submitted to and reviewed by the 
     Committees.


                          tax law enforcement

       The conferees agree to provide $7,974,000, including 
     $3,135,000 for support of the money laundering strategy, and 
     an additional $4,839,000 for 35 agents to participate in 
     Joint Terrorism Task Forces.


                   information technology investments

       The conferees to provide $71,751,000 for information 
     technology investments. The release of these funds is subject 
     to conditions similar to those required for funds previously 
     appropriated for modernizing the major computer systems of 
     the Internal Revenue Service.


           staffing tax administration for balance and equity

       The conferees agree to provide $141,000,000 in a new 
     account established to fund the hiring of additional staff by 
     the Internal Revenue Service (IRS). Release of these funds is 
     subject to a staffing plan, to be approved by the Department 
     of the Treasury, Office of Management and Budget, and the 
     Committees on Appropriations. The conferees are aware of the 
     IRS' continuing reassessment of its specific staffing needs 
     in light of its implementation of the IRS Restructuring and 
     Reform Act of 1998, as indicated by the recent IRS requests 
     for substantive transfers of funding and positions among its 
     appropriations accounts. The current organizational 
     restructuring within the IRS also has created uncertainty 
     with respect to its specific staffing needs. The conferees 
     look forward to working with the Administration to ensure 
     that balance and equity are achieved with respect to IRS 
     staffing requirements for tax administration.

                      United States Secret Service


                         salaries and expenses

       The conferees agree to provide an additional $2,904,000 for 
     21 agents to participate in Joint Terrorism Task Forces.

    Executive Office of the President and Funds Appropriated to the 
                               President

                    Office of Management and Budget


                         salaries and expenses

       The conferees urge the Office of Management and Budget to 
     allocate at least two-thirds of the additional staff for use 
     in supporting the management function of the Office, which is 
     limited to the Deputy Director for Management and the 
     Statutory Offices--the Office of Federal Financial 
     Management, the Office of Federal Procurement Policy, and the 
     Office of Information and Regulatory Affairs.

                 Office of National Drug Control Policy


                counterdrug technology assessment center

       The conferees agree to provide an additional $7,000,000 for 
     the Counterdrug Technology Assessment Center, including 
     $5,000,000 for the continued operation of the technology 
     transfer program and $2,000,000 for the continued development 
     of the wireless interoperability communication project 
     currently underway in Colorado. This much-needed project is 
     in direct response to the wireless communication difficulties 
     experienced by State and local law enforcement during the 
     Columbine High School tragedy.


                          Unanticipated Needs

       The conferees agree to provide $3,500,000 for Unanticipated 
     Needs of the President, including $2,500,000 as a transfer to 
     the Elections Commission of the Commonwealth of Puerto Rico 
     for objective, non-partisan citizens' education for a choice 
     by voters on the islands' future status; the conferees make 
     the $2,500,000 transfer available on March 21, 2001. The 
     conferees include a provision prohibiting the use of funds by 
     the Elections Commission until 45 days after the Commission 
     submits to the Committees on Appropriations for approval an 
     expenditure plan developed jointly by the Popular Democratic 
     Party, the New Progressive Party, and the Puerto Rican 
     Independence Party. The conferees also include a provision 
     requiring the Elections Commission to include in the 
     expenditure plan additional views from any party that does 
     not agree with the plan.

                          INDEPENDENT AGENCIES

                    General Services Administration


                         Federal Buildings Fund

                              Construction

       The conferees agree to provide $3,000,000 for non-
     prospectus construction projects.


                       Salt Lake City Courthouse

       The conferees are aware of issues surrounding the site of 
     the Salt Lake City courthouse. The conferees direct GSA to 
     examine these issues and report to the Committees on 
     Appropriations, the House Committee on Transportation and 
     Infrastructure, and the Senate Committee on Environment and 
     Public Works within 120 days of enactment of this Act on the 
     status of the site and recommendations on resolving any 
     outstanding issues. In addition, the conferees direct that 
     GSA may not take any further condemnation action prior to the 
     Committees' receipt of the report. The conferees direct GSA 
     to consult with the Administrative Office of the U.S. Courts 
     and the appropriate authorities in the preparation of this 
     report.


                        Repairs and Alterations

       The conferees agree to provide $8,350,000 for a repair and 
     alteration project associated with a courthouse annex in 
     Columbia, South Carolina


                            Rental of Space

       The conferees are concerned with the environmental 
     conditions of the Customs House at Terminal Island, 
     California. While many Customs employees have been 
     temporarily moved from the Customs House to healthier work 
     environments, the conferees are concerned about the health 
     and safety of the remaining employees at the facility. The 
     conferees understand that the General Services Administration 
     (GSA) is working with the Customs Service to resolve the 
     situation at the Customs House to identify permanent space 
     and relocate Customs personnel.
       The conferees understand that GSA is working jointly with 
     the Customs Service to relocate the Office of the Customs 
     Special Agent in Charge by December 31, 2000. Other Customs 
     employees will be moved to a new leased location by May 31, 
     2001. The high-tech customs laboratory will remain at 
     Terminal Island as requested by the Customs Service. The 
     conferees are concerned that plans for relocation of Customs 
     employees occur as scheduled and direct the Customs Service 
     and GSA to report no later than January 15, 2001, on the 
     situation facing the Customs Service employees remaining at 
     this

[[Page 21186]]

     facility and the status of the permanent move.


                          Building Operations

                 Access to Telecommunications Services

       The conferees are aware that significant cost savings to 
     the government are being achieved by the FTS 2001 and the 
     Metropolitan Area Acquisition programs administered by GSA as 
     a result of increased competition among communications 
     services. The conferees are also aware that such potential 
     cost savings may be jeopardized by building access 
     limitations for telecommunication providers. The conferees 
     note that legislation has been introduced in Congress 
     intended to promote non-discriminatory or fair and reasonable 
     access to telecommunications services for Federal agencies. 
     The conferees direct the executive branch identify building 
     telecommunications access barriers and take necessary steps 
     to ensure that telecommunications providers are given fair 
     and reasonable access to provide service to Federal agencies 
     in buildings where the Federal government is the owner or 
     tenant.


                            tucson, arizona

       The conferees direct the GSA to reach a mutual agreement 
     with the City of Tucson, Arizona regarding the use of the 
     federally owned property at 26-72 East Congress by October 
     24, 2000.


                         policy and operations

       The conferees agree to provide an additional $13,789,000 
     for policy and operations, including $2,060,000 for the 
     electronic government initiative, $2,000,000 for the 
     regulatory information service center, $2,000,000 for 
     facilitating post conveyance remediation to be performed by 
     the City of Waltham, Massachusetts, $2,000,000 for a grant to 
     the Institute for Biomedical Science and Biotechnology, 
     $2,000,000 for the Center for Agricultural Policy and Trade 
     Studies, $1,000,000 for a grant to the Berwick Industrial 
     Development Authority in Pennsylvania, $1,000,000 for a grant 
     to the Ewing-Lawrence Sewerage Authority in Ewing Township, 
     New Jersey, $750,000 for logistical support of the World 
     Police and Fire Games, and $979,000 for base operations.

              National Archives and Records Administration


                        repairs and restoration

       The conferees agree to provide an additional $6,610,000 for 
     repairs to the John F. Kennedy Presidential Library.

                     General Provisions--This Title


                         federal internet sites

       The conferees have included a new provision (Section 501) 
     prohibiting the use of funds by agencies funded in the 
     Treasury and General Government Appropriations Act, 2001, to 
     use federal Internet sites to collect, review, or create any 
     aggregate list that includes the collection of any personally 
     identifiable information relating to an individual's access 
     to or use of any federal government Internet site of the 
     agency. Section 644 of the Treasury and General Government 
     Appropriations Act, 2001, shall not have effect.


                              fec reforms

       The conferees have included a new provision (Section 502) 
     regarding certain reforms within the FEC, including a 
     clarification of the permissible use of fax and electronic 
     mail, a clarification of the treatment of lines of credit, 
     and requiring the actual receipt of certain independent 
     expenditure reports within 24 hours.


                    U.S. OLYMPIC ANTI-DOPING EFFORTS

       The conferees have included a new provision (Section 503) 
     to clarify that the funds made available to the United States 
     Olympic Committee for anti-doping efforts in the Treasury and 
     General Government Appropriations Act, 2001 will be provided 
     to The U.S. Anti-Doping Agency, Incorporated (USADA). USADA, 
     a private organization, is responsible for the anti-doping 
     program in the United States relating to participation by 
     U.S. athletes in the Olympic, Pan American, and Paralympic 
     Games. The conferees agree to make these funds available to 
     USADA based on their understanding that the conduct of such 
     anti-doping programs is the responsibility of USADA and not 
     of any federal government agency.


                    federal retirement contributions

       The conferees agree to include a new provision (Section 
     504) that Section 640 of the Treasury and General Government 
     Appropriations Act, 2001 shall not have effect. The conferees 
     further agree to include a new provision (Section 505) 
     regarding Civil Service retirement contributions.


 united States secret service assistance for investigations related to 
                     missing and exploited children

       The conferees agree to include a new provision (Section 
     506) providing that $2,000,000 of fiscal year 2001 funding 
     for the U.S. Secret Service that was specified for activities 
     related to investigations of missing and exploited children 
     shall be available for forensic and related support of such 
     investigations, to remain available until September 30, 2001.


        Section 108 of the Legislative Appropriations Act, 2001

       The conferees have included a new provision (Section 507) 
     amending Section 108 of the Legislative Branch Appropriations 
     Act, 2001 contained in House Report 106-796. The amendment 
     places the Chief Administrative Officer (CAO) under the 
     direct control of the Chief of the U.S. Capitol Police, in 
     consultation with the Comptroller General of the United 
     States. The Comptroller General will monitor the performance 
     of the CAO and report same to the Chief the U.S. Capitol 
     Police, the Capitol Police Board, and the appropriations and 
     authorizing committees of the Senate and House of 
     Representatives. The Chief will report the CAO's plans and 
     progress made in resolving the several administrative 
     problems of the Capitol Police to the appropriations and 
     authorizing committees of the Senate and House of 
     Representatives.


     Review of Proposed Changes to Export Thresholds for Computers

       The conferees expect that the assessment provided by the 
     Comptroller General pursuant to Section 314 of the 
     Legislative Branch Appropriations Act, 2001 shall include, at 
     a minimum:
       (1) An evaluation of the adequacy of the stated 
     justification for any proposed changes to computer 
     performance export control thresholds given in the 
     Presidential report referred to in subsection (d) of section 
     1211 of the National Defense Authorization Act for Fiscal 
     Year 1998 (50 U.S.C. App. 2404 note), as amended; and
       (2) An evaluation of the likely impact of any proposed 
     changes to computer performance export control thresholds 
     upon--
       (A) the national security and foreign policy interests of 
     the United States;
       (B) the security of countries friendly to, or allied with, 
     the United States;
       (C) multilateral export control regimes of which the United 
     States is a member; and
       (D) United States policies designed to slow or prevent the 
     proliferation of weapons of mass destruction or ballistic 
     missile technology.

[[Page 21187]]

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[[Page 21188]]

       The following table provides a tabular summary of the 
     fiscal year 2001 Department of Transportation and Related 
     Agencies Appropriations Act.
     [GRAPHIC] [TIFF OMITTED] TH05OC00.014
     

[[Page 21189]]

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[[Page 21209]]

                   conference total--with comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2001 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2000 amount, the 2001 
     budget estimates, and the House and Senate bills for 2001 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2000.......$15,084,976
Budget estimates of new (obligational) authority, fiscal year16,146,737
House bill, fiscal year 2001.................................15,773,944
Senate bill, fiscal year 2001................................15,295,300
Conference agreement, fiscal year 2001.......................18,492,649
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2000......+3,407,673
  Budget estimates of new (obligational) authority, fiscal ye+2,345,912
  House bill, fiscal year 2001...............................+2,718,705
  Senate bill, fiscal year 2001..............................+3,197,349

     Frank R. Wolf,
     Tom DeLay,
     Ralph Regula,
     Harold Rogers,
     Ron Packard,
     Sonny Callahan,
     Todd Tiahrt,
     Robert B. Aderholt,
     Kay Granger,
     C.W. Bill Young,
     Martin Olav Sabo
       (except for provisions to withhold highway funds from 
     states that do not adopt 0.08 blood alcohol concentration 
     laws),
     John W. Olver,
     Ed Pastor,
     Carolyn C. Kilpatrick
       (except for provisions to withhold highway funds from 
     states that do not adopt 0.08 blood alcohol concentration 
     laws),
     Jose E. Serrano,
     Michael P. Forbes,
     David R. Obey
       (with exception to denial of funds to states without 0.08 
     BAC),
                                Managers on the Part of the House.

     Richard C. Shelby,
     Pete Domenici, (except for Wilson Bridge),
     Arlen Specter,
     Christopher S. Bond,
     Slade Gorton,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Ted Stevens,
     Frank R. Lautenberg,
     Robert C. Byrd,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________



                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12 of rule I, the Chair 
declares the House in recess subject to the call of the Chair.
  Accordingly (at 9 o'clock and 39 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________

                              {time}  2306




                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Dreier) at 11 o'clock and 6 minutes p.m.

                          ____________________



REPORT ON RESOLUTION WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT 
    ON H.R. 4475, DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2001

  Mr. REYNOLDS, from the Committee on Rules, submitted a privileged 
report (Rept. No. 106-941) on the resolution (H. Res. 612) waiving 
points of order against the conference report to accompany the bill 
(H.R. 4475) making appropriations for the Department of Transportation 
and related agencies for the fiscal year ending September 30, 2001, and 
for other purposes, which was referred to the House Calendar and 
ordered to be printed.

                          ____________________



REPORT ON RESOLUTION WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT 
        ON H.R. 3244, TRAFFICKING VICTIMS PROTECTION ACT OF 2000

  Mr. REYNOLDS, from the Committee on Rules, submitted a privileged 
report (Rept. No. 106-942) on the resolution (H. Res. 613) waiving 
points of order against the conference report to accompany the bill 
(H.R. 3244) to combat trafficking of persons, especially into the sex 
trade, slavery, and slavery-like conditions, in the United States and 
countries around the world through prevention, through prosecution and 
enforcement against traffickers, and through protection and assistance 
to victims of trafficking, which was referred to the House Calendar and 
ordered to be printed.

                          ____________________



 CORRECTION TO THE CONGRESSIONAL RECORD OF TUESDAY, OCTOBER 3, 2000 AT 
                               PAGE H8699

  The following bill was inadvertently printed in the wrong version and 
appears below in the correct version as passed by the House.

                          ____________________



    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

       Mr. CANNON. Mr. Speaker, I move to suspend the rules and 
     pass the Senate bill (S. 2045) to amend the Immigration and 
     Nationality Act with respect to H-1B nonimmigrant aliens.
       The Clerk read as follows:

                                S. 2045

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

     TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``American Competitiveness 
     in the Twenty-first Century Act of 2000''.

     SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.

       (a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) by redesignating clause (v) as clause (vii); and
       (2) by striking clause (iv) and inserting the following:
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002;
       ``(vi) 195,000 in fiscal year 2003; and''.
       (b) Additional Visas for Fiscal Years 1999 and 2000.--
       (1) In general.--(A) Notwithstanding section 
     214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may 
     be issued visas or otherwise provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 
     1999 is increased by a number equal to the number of aliens 
     who are issued such a visa or provided such status during the 
     period beginning on the date on which the limitation in such 
     section 214(g)(1)(A)(ii) is reached and ending on September 
     30, 1999.
       (B) In the case of any alien on behalf of whom a petition 
     for status under section 101(a)(15)(H)(I)(b) is filed before 
     September 1, 2000, and is subsequently approved, that alien 
     shall be counted toward the numerical ceiling for fiscal year 
     2000 notwithstanding the date of the approval of the 
     petition. Notwithstanding section 214(g)(1)(A)(iii) of the 
     Immigration and Nationality Act, the total number of aliens 
     who may be issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(b) of such Act in 
     fiscal year 2000 is increased by a number equal to the number 
     of aliens who may be issued visas or otherwise provided 
     nonimmigrant status who filed a petition during the period 
     beginning on the date on which the limitation in such section 
     214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
       (2) Effective date.--Paragraph (1) shall take effect as if 
     included in the enactment of section 411 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999; Public Law 105-277).

     SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, 
                   AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the following 
     new paragraphs:
       ``(5) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b) who is employed (or has received an offer 
     of employment) at--

[[Page 21210]]

       ``(A) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(B) a nonprofit research organization or a governmental 
     research organization.
       ``(6) Any alien who ceases to be employed by an employer 
     described in paragraph (5)(A) shall, if employed as a 
     nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
     who has not previously been counted toward the numerical 
     limitations contained in paragraph (1)(A), be counted toward 
     those limitations the first time the alien is employed by an 
     employer other than one described in paragraph (5).
       ``(7) Any alien who has already been counted, within the 6 
     years prior to the approval of a petition described in 
     subsection (c), toward the numerical limitations of paragraph 
     (1)(A) shall not again be counted toward those limitations 
     unless the alien would be eligible for a full 6 years of 
     authorized admission at the time the petition is filed. Where 
     multiple petitions are approved for 1 alien, that alien shall 
     be counted only once.''.

     SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                   EMPLOYMENT-BASED IMMIGRANTS.

       (a) Special Rules.--Section 202(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Rules for employment-based immigrants.--
       ``(A) Employment-based immigrants not subject to per 
     country limitation if additional visas available.--If the 
     total number of visas available under paragraph (1), (2), 
     (3), (4), or (5) of section 203(b) for a calendar quarter 
     exceeds the number of qualified immigrants who may otherwise 
     be issued such visas, the visas made available under that 
     paragraph shall be issued without regard to the numerical 
     limitation under paragraph (2) of this subsection during the 
     remainder of the calendar quarter.
       ``(B) Limiting fall across for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(b) exceeds the maximum number 
     of visas that may be made available to immigrants of the 
     state or area under section 203(b) consistent with subsection 
     (e) (determined without regard to this paragraph), in 
     applying subsection (e) all visas shall be deemed to have 
     been required for the classes of aliens specified in section 
     203(b).''.
       (b) Conforming Amendments.--
       (1) Section 202(a)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs 
     (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
       (2) Section 202(e)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the 
     proportion of the visa numbers'' and inserting ``except as 
     provided in subsection (a)(5), the proportion of the visa 
     numbers''.
       (c) One-Time Protection Under Per Country Ceiling.--
     Notwithstanding section 214(g)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
       (1) is the beneficiary of a petition filed under section 
     204(a) of that Act for a preference status under paragraph 
     (1), (2), or (3) of section 203(b) of that Act; and
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,

     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended by adding at the 
     end the following new subsection:
       ``(m)(1) A nonimmigrant alien described in paragraph (2) 
     who was previously issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(i)(b) is 
     authorized to accept new employment upon the filing by the 
     prospective employer of a new petition on behalf of such 
     nonimmigrant as provided under subsection (a). Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     authorization shall cease.
       ``(2) A nonimmigrant alien described in this paragraph is a 
     nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment before the date of expiration of 
     the period of stay authorized by the Attorney General; and
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed before, on, or after the date 
     of enactment of this Act.

     SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY 
                   ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) with respect to the duration of authorized 
     stay shall not apply to any nonimmigrant alien previously 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(b) of that Act on whose behalf a 
     petition under section 204(b) of that Act to accord the alien 
     immigrant status under section 203(b) of that Act, or an 
     application for adjustment of status under section 245 of 
     that Act to accord the alien status under such section 
     203(b), has been filed, if 365 days or more have elapsed 
     since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under such section 203(b)); or
       (2) the filing of the petition under such section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.
       (c) Increased Job Flexibility for Long Delayed Applicants 
     for Adjustment of Status.--
       (1) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding at the end the following 
     new subsection:
       ``(j) Job Flexibility for Long Delayed Applicants for 
     Adjustment of Status to Permanent Residence.--A petition 
     under subsection (a)(1)(D) for an individual whose 
     application for adjustment of status pursuant to section 245 
     has been filed and remained unadjudicated for 180 days or 
     more shall remain valid with respect to a new job if the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the petition was filed.''.
       (2) Section 212(a)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
     the following new clause:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the certification was issued.''.
       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act.
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).

     SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                   THROUGH FISCAL YEAR 2002.

       (a) Attestation Requirements.--Section 212(n)(1)(E)(ii)) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2001'' 
     and inserting ``October 1, 2003''.
       (b) Department of Labor Investigative Authorities.--Section 
     413(e)(2) of the American Competitiveness and Workforce 
     Improvement Act of 1998 (as contained in title IV of division 
     C of Public Law 105-277) is amended by striking ``September 
     30, 2001'' and inserting ``September 30, 2003''.

     SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184 (g)(3)) is amended to read as follows:
       ``(3) Aliens who are subject to the numerical limitations 
     of paragraph (1) shall be issued visas (or otherwise provided 
     nonimmigrant status) in the order in which petitions are 
     filed for such visas or status. If an alien who was issued a 
     visa or otherwise provided nonimmigrant status and counted

[[Page 21211]]

     against the numerical limitations of paragraph (1) is found 
     to have been issued such visa or otherwise provided such 
     status by fraud or willfully misrepresenting a material fact 
     and such visa or nonimmigrant status is revoked, then one 
     number shall be restored to the total number of aliens who 
     may be issued visas or otherwise provided such status under 
     the numerical limitations of paragraph (1) in the fiscal year 
     in which the petition is revoked, regardless of the fiscal 
     year in which the petition was approved.''.

     SEC. 109. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The National Science Foundation shall conduct a 
     study of the divergence in access to high technology 
     (commonly referred to as the ``digital divide'') in the 
     United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit a report to Congress setting forth 
     the findings of the study conducted under subsection (a).

     SEC. 110. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT 
                   PROVISIONS.

       (a) Allocation of Funds.--Section 286(s) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(s)) is amended--
       (1) in paragraph (2), by striking ``56.3 percent'' and 
     inserting ``55 percent'';
       (2) in paragraph (3), by striking ``28.2 percent'' and 
     inserting ``23.5 percent'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) National Science Foundation Competitive Grant Program 
     for K-12 Math, Science and Technology Education.--
       ``(A) In general.--15 percent of the amounts deposited into 
     the H-1B Nonimmigrant Petitioner Account shall remain 
     available to the Director of the National Science Foundation 
     until expended to carry out a direct or matching grant 
     program to support private-public partnerships in K-12 
     education.
       ``(B) Types of programs covered.--The Director shall award 
     grants to such programs, including those which support the 
     development and implementation of standards-based 
     instructional materials models and related student 
     assessments that enable K-12 students to acquire an 
     understanding of science, mathematics, and technology, as 
     well as to develop critical thinking skills; provide systemic 
     improvement in training K-12 teachers and education for 
     students in science, mathematics, and technology; support the 
     professional development of K-12 math and science teachers in 
     the use of technology in the classroom; stimulate system-wide 
     K-12 reform of science, mathematics, and technology in rural, 
     economically disadvantaged regions of the United States; 
     provide externships and other opportunities for students to 
     increase their appreciation and understanding of science, 
     mathematics, engineering, and technology (including summer 
     institutes sponsored by an institution of higher education 
     for students in grades 7-12 that provide instruction in such 
     fields); involve partnerships of industry, educational 
     institutions, and community organizations to address the 
     educational needs of disadvantaged communities; provide 
     college preparatory support to expose and prepare students 
     for careers in science, mathematics, engineering, and 
     technology; and provide for carrying out systemic reform 
     activities under section 3(a)(1) of the National Science 
     Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).'';
       (4) in paragraph (6), by striking ``6 percent'' and 
     inserting ``5 percent''; and
       (5) in paragraph (6), by striking ``3 percent'' each place 
     it appears and inserting ``2.5 percent''.
       (b) Low-Income Scholarship Program.--Section 414(d)(3) of 
     the American Competitiveness and Workforce Improvement Act of 
     1998 (as contained in title IV of division C of Public Law 
     105-277) is amended by striking ``$2,500 per year.'' and 
     inserting ``$3,125 per year. The Director may renew 
     scholarships for up to 4 years.''.
       (c) Reporting Requirement.--Section 414 of the American 
     Competitiveness and Workforce Improvement Act of 1998 (as 
     contained in title IV of division C of Public Law 105-277) is 
     amended by adding at the end the following new subsection:
       ``(e) Reporting Requirement.--The Secretary of Labor and 
     the Director of the National Science Foundation shall--
       ``(1) track and monitor the performance of programs 
     receiving H-1B Nonimmigrant Fee grant money; and
       ``(2) not later than one year after the date of enactment 
     of this subsection, submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate--
       ``(A) the tracking system to monitor the performance of 
     programs receiving H-1B grant funding; and
       ``(B) the number of individuals who have completed training 
     and have entered the high-skill workforce through these 
     programs.''.

     SEC. 111. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE 
                   TECHNICAL SKILLS TRAINING FOR WORKERS.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (as contained in title IV 
     of division C of Public Law 105-277; 112 Stat. 2681-653) is 
     amended to read as follows:
       ``(c) Demonstration Programs and Projects to Provide 
     Technical Skills Training for Workers.--
       ``(1) In general.--
       ``(A) Funding.--The Secretary of Labor shall use funds 
     available under section 286(s)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(2)) to establish 
     demonstration programs or projects to provide technical 
     skills training for workers, including both employed and 
     unemployed workers.
       ``(B) Training provided.--Training funded by a program or 
     project described in subparagraph (A) shall be for persons 
     who are currently employed and who wish to obtain and upgrade 
     skills as well as for persons who are unemployed. Such 
     training is not limited to skill levels commensurate with a 
     four-year undergraduate degree, but should include the 
     preparation of workers for a broad range of positions along a 
     career ladder. Consideration shall be given to the use of 
     grant funds to demonstrate a significant ability to expand a 
     training program or project through such means as training 
     more workers or offering more courses, and training programs 
     or projects resulting from collaborations, especially with 
     more than one small business or with a labor-management 
     training program or project. The need for the training shall 
     be justified through reliable regional, State, or local data.
       ``(2) Grants.--
       ``(A) Eligibility.--To carry out the programs and projects 
     described in paragraph (1)(A), the Secretary of Labor shall, 
     in consultation with the Secretary of Commerce, subject to 
     the availability of funds in the H-1B Nonimmigrant Petitioner 
     Account, award--
       ``(i) 75 percent of the grants to a local workforce 
     investment board established under section 116(b) or section 
     117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) 
     or consortia of such boards in a region. Each workforce 
     investment board or consortia of boards receiving grant funds 
     shall represent a local or regional public-private 
     partnership consisting of at least--

       ``(I) one workforce investment board;
       ``(II) one community-based organization or higher education 
     institution or labor union; and
       ``(III) one business or business-related nonprofit 
     organization such as a trade association: Provided, That the 
     activities of such local or regional public-private 
     partnership described in this subsection shall be conducted 
     in coordination with the activities of the relevant local 
     workforce investment board or boards established under the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832); and

       ``(ii) 25 percent of the grants under the Secretary of 
     Labor's authority to award grants for demonstration projects 
     or programs under section 171 of the Workforce Investment Act 
     (29 U.S.C. 2916) to partnerships that shall consist of at 
     least 2 businesses or a business-related nonprofit 
     organization that represents more than one business, and that 
     may include any educational, labor, community organization, 
     or workforce investment board, except that such grant funds 
     may be used only to carry out a strategy that would otherwise 
     not be eligible for funds provided under clause (i), due to 
     barriers in meeting those partnership eligibility criteria, 
     on a national, multistate, regional, or rural area (such as 
     rural telework programs) basis.
       ``(B) Designation of responsible fiscal agents.--Each 
     partnership formed under subparagraph (A) shall designate a 
     responsible fiscal agent to receive and disburse grant funds 
     under this subsection.
       ``(C) Partnership considerations.--Consideration in the 
     awarding of grants shall be given to any partnership that 
     involves and directly benefits more than one small business 
     (each consisting of 100 employees or less).
       ``(D) Allocation of grants.--In making grants under this 
     paragraph, the Secretary shall make every effort to fairly 
     distribute grants across rural and urban areas, and across 
     the different geographic regions of the United States. The 
     total amount of grants awarded to carry out programs and 
     projects described in paragraph (1)(A) shall be allocated as 
     follows:
       ``(i) At least 80 percent of the grants shall be awarded to 
     programs and projects that train employed and unemployed 
     workers in skills in high technology, information technology, 
     and biotechnology, including skills needed for software and 
     communications services, telecommunications, systems 
     installation and integration, computers and communications 
     hardware, advanced manufacturing, health care technology, 
     biotechnology and biomedical research and manufacturing, and 
     innovation services.
       ``(ii) No more than 20 percent of the grants shall be 
     available to programs and projects that train employed and 
     unemployed workers for skills related to any single specialty 
     occupation, as defined in section 214(i) of the Immigration 
     and Nationality Act.
       ``(3) Start-up funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not more than 5 percent of any single grant, or not to exceed 
     $75,000, whichever is less, may be used toward the start-up 
     costs of partnerships or new training programs and projects.

[[Page 21212]]

       ``(B) Exception.--In the case of partnerships consisting 
     primarily of small businesses, not more than 10 percent of 
     any single grant, or $150,000, whichever is less, may be used 
     toward the start-up costs of partnerships or new training 
     programs and projects.
       ``(C) Duration of start-up period.--For purposes of this 
     subsection, a start-up period consists of a period of not 
     more than 2 months after the grant period begins, at which 
     time training shall immediately begin and no further Federal 
     funds may be used for start-up purposes.
       ``(4) Training outcomes.--
       ``(A) Consideration for certain programs and projects.--
     Consideration in the awarding of grants shall be given to 
     applicants that provide a specific, measurable commitment 
     upon successful completion of a training course, to--
       ``(i) hire or effectuate the hiring of unemployed trainees 
     (where applicable);
       ``(ii) increase the wages or salary of incumbent workers 
     (where applicable); and
       ``(iii) provide skill certifications to trainees or link 
     the training to industry-accepted occupational skill 
     standards, certificates, or licensing requirements.
       ``(B) Requirements for grant applications.--Applications 
     for grants shall--
       ``(i) articulate the level of skills that workers will be 
     trained for and the manner by which attainment of those 
     skills will be measured;
       ``(ii) include an agreement that the program or project 
     shall be subject to evaluation by the Secretary of Labor to 
     measure its effectiveness; and
       ``(iii) in the case of an application for a grant under 
     subsection (c)(2)(A)(ii), explain what barriers prevent the 
     strategy from being implemented through a grant made under 
     subsection (c)(2)(A)(i).
       ``(5) Matching funds.--Each application for a grant to 
     carry out a program or project described in paragraph (1)(A) 
     shall state the manner by which the partnership will provide 
     non-Federal matching resources (cash, or in-kind 
     contributions, or both) equal to at least 50 percent of the 
     total grant amount awarded under paragraph (2)(A)(i), and at 
     least 100 percent of the total grant amount awarded under 
     paragraph (2)(A)(ii). At least one-half of the non-Federal 
     matching funds shall be from the business or businesses or 
     business-related nonprofit organizations involved. 
     Consideration in the award of grants shall be given to 
     applicants that provide a specific commitment or commitments 
     of resources from other public or private sources, or both, 
     so as to demonstrate the long-term sustainability of the 
     training program or project after the grant expires.
       ``(6) Administrative costs.--An entity that receives a 
     grant to carry out a program or project described in 
     paragraph (1)(A) may not use more than 10 percent of the 
     amount of the grant to pay for administrative costs 
     associated with the program or project.''.

     SEC. 112. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION 
                   INITIATIVE.

       (a) Short Title.--This section may be cited as the ``Kids 
     2000 Act''.
       (b) Findings.--Congress makes the following findings:
       (1) There is an increasing epidemic of juvenile crime 
     throughout the United States.
       (2) It is well documented that the majority of juvenile 
     crimes take place during after-school hours.
       (3) Knowledge of technology is becoming increasingly 
     necessary for children in school and out of school.
       (4) The Boys and Girls Clubs of America have 2,700 clubs 
     throughout all 50 States, serving over 3,000,000 boys and 
     girls primarily from at-risk communities.
       (5) The Boys and Girls Clubs of America have the physical 
     structures in place for immediate implementation of an after-
     school technology program.
       (6) Building technology centers and providing integrated 
     content and full-time staffing at those centers in the Boys 
     and Girls Clubs of America nationwide will help foster 
     education, job training, and an alternative to crime for at-
     risk youth.
       (7) Partnerships between the public sector and the private 
     sector are an effective way of providing after-school 
     technology programs in the Boys and Girls Clubs of America.
       (8) PowerUp: Bridging the Digital Divide is an entity 
     comprised of more than a dozen nonprofit organizations, major 
     corporations, and Federal agencies that have joined together 
     to launch a major new initiative to help ensure that 
     America's underserved young people acquire the skills, 
     experiences, and resources they need to succeed in the 
     digital age.
       (9) Bringing PowerUp into the Boys and Girls Clubs of 
     America will be an effective way to ensure that our youth 
     have a safe, crime-free environment in which to learn the 
     technological skills they need to close the divide between 
     young people who have access to computer-based information 
     and technology-related skills and those who do not.
       (c) After-School Technology Grants to the Boys and Girls 
     Clubs of America.--
       (1) Purposes.--The Attorney General shall make grants to 
     the Boys and Girls Clubs of America for the purpose of 
     funding effective after-school technology programs, such as 
     PowerUp, in order to provide--
       (A) constructive technology-focused activities that are 
     part of a comprehensive program to provide access to 
     technology and technology training to youth during after-
     school hours, weekends, and school vacations;
       (B) supervised activities in safe environments for youth; 
     and
       (C) full-time staffing with teachers, tutors, and other 
     qualified personnel.
       (2) Subawards.--The Boys and Girls Clubs of America shall 
     make subawards to local boys and girls clubs authorizing 
     expenditures associated with providing technology programs 
     such as PowerUp, including the hiring of teachers and other 
     personnel, procurement of goods and services, including 
     computer equipment, or such other purposes as are approved by 
     the Attorney General.
       (d) Applications.--
       (1) Eligibility.--In order to be eligible to receive a 
     grant under this section, an applicant for a subaward 
     (specified in subsection (c)(2)) shall submit an application 
     to the Boys and Girls Clubs of America, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       (2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       (A) a request for a subgrant to be used for the purposes of 
     this section;
       (B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       (C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       (D) written assurances that all activities funded under 
     this section will be supervised by qualified adults;
       (E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs;
       (F) a plan outlining the utilization of content-based 
     programs such as PowerUp, and the provision of trained adult 
     personnel to supervise the after-school technology training; 
     and
       (G) any additional statistical or financial information 
     that the Boys and Girls Clubs of America may reasonably 
     require.
       (e) Grant Awards.--In awarding subgrants under this 
     section, the Boys and Girls Clubs of America shall consider--
       (1) the ability of the applicant to provide the intended 
     services;
       (2) the history and establishment of the applicant in 
     providing youth activities; and
       (3) the extent to which services will be provided in crime-
     prone areas and technologically underserved populations, and 
     efforts to achieve an equitable geographic distribution of 
     the grant awards.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2001 through 2006 to 
     carry out this section.
       (2) Source of funds.--Funds to carry out this section may 
     be derived from the Violent Crime Reduction Trust Fund.
       (3) Continued availability.--Amounts made available under 
     this subsection shall remain available until expended.

     SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.

       (a) Section 286(s)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(s)(5)) is amended to read as follows: ``4 
     percent of the amounts deposited into the H-1B Nonimmigrant 
     Petitioner Account shall remain available to the Attorney 
     General until expended to carry out duties under paragraphs 
     (1) and (9) of section 214(c) related to petitions made for 
     nonimmigrants described in section 101(a)(15)(H)(i)(b), under 
     paragraph (1) (C) or (D) of section 204 related to petitions 
     for immigrants described in section 203(b).''.
       (b) Notwithstanding any other provision of this Act, the 
     figure on page 14, line 16 is deemed to be ``22 percent''; 
     the figure on page 16, line 14 is deemed to be ``4 percent''; 
     and the figure on page 16, line 16 is deemed to be ``2 
     percent''.

     SEC. 114. EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM 
                   NUMERICAL LIMITATIONS APPLICABLE TO ``H-1B'' 
                   NONIMMMIGRANTS.

       The numerical limitations contained in section 102 of this 
     title shall not apply to any nonimmigrant alien granted a 
     waiver that is subject to the limitation contained in 
     paragraph (1)(B) of the first section 214(l) of the 
     Immigration and Nationality Act (relating to restrictions on 
     waivers).

     SEC. 115. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The Secretary of Commerce shall conduct a 
     review of existing public and private high-tech workforce 
     training programs in the United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     a report to Congress setting forth the findings of the study 
     conducted under subsection (a).

     SEC. 116. SEVERABILITY.

       If any provision of this title (or any amendment made by 
     this title) or the application thereof to any person or 
     circumstance is held invalid, the remainder of the title (and 
     the amendments made by this title) and the application of 
     such provision to any

[[Page 21213]]

     other person or circumstance shall not be affected thereby. 
     This section be enacted 2 days after effective date.

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. PURPOSES.

       (a) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it needs to eliminate the current backlog in 
     the processing of immigration benefit applications within 1 
     year after enactment of this Act and to maintain the 
     elimination of the backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (b) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.
       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(a);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).

       The SPEAKER pro tempore. The question is on the motion 
     offered by the gentleman from Utah (Mr. Cannon) that the 
     House suspend the rules and pass the Senate bill S. 2045.
       The question was taken; and (two-thirds having voted in 
     favor thereof) the rules were suspended and the Senate bill 
     was passed.
       A motion to reconsider was laid on the table.

                          ____________________



                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Stenholm) to revise and 
extend their remarks and include extraneous material:)
  Mr. Brown of Ohio, for 5 minutes, today.
  Mr. Pallone, for 5 minutes, today.
  Mr. Filner, for 5 minutes, today.
  Ms. Stabenow, for 5 minutes, today.
  (The following Members (at the request of Mr. Hansen) to revise and 
extend their remarks and include extraneous material:)
  Mr. Burton of Indiana, for 5 minutes, today, and October 6, 10, 11, 
12, and 13.
  Mr. Duncan, for 5 minutes, today.
  Mr. Souder, for 5 minutes, today.
  Mr. Gekas, for 5 minutes, today.

[[Page 21214]]

  Mr. Mica, for 5 minutes, today.
  Mr. Peterson of Pennsylvania, for 5 minutes, today.
  (The following Members (at their own request) to revise and extend 
their remarks and include extraneous material:)
  Ms. Jackson-Lee of Texas, for 5 minutes, today.
  Mr. George Miller of California, for 5 minutes, today.

                          ____________________



              ENROLLED BILLS AND A JOINT RESOLUTION SIGNED

  Mr. THOMAS, from the Committee on House Administration, reported that 
that committee had examined and found truly enrolled bills and a joint 
resolution of the House of the following titles, which were thereupon 
signed by the Speaker:

       H.R. 1800. To amend the Violent Crime Control and Law 
     Enforcement Act of 1994 to ensure that certain information 
     regarding prisoners is reported to the Attorney General.
       H.R. 2752. To direct the Secretary of the Interior to sell 
     certain public land in Lincoln County through a competitive 
     process.
       H.R. 2773. To amend the Wild and Scenic Rivers Act to 
     designate the Wekiva River and its tributaries of Wekiwa 
     Springs Run, Rock Springs Run, and Black Water Creek in the 
     State of Florida as components of the national wild and 
     scenic rivers system.
       H.R. 4579. To provide for the exchange of certain lands 
     within the State of Utah.
       H.R. 4583. To extend the authorization for the Air Force 
     Memorial Foundation to establish a memorial in the District 
     of Columbia or its environs.
       H.J. Res. 110. Making further continuing appropriations for 
     the fiscal year 2001, and for other purposes.

                          ____________________



                      SENATE ENROLLED BILLS SIGNED

  The SPEAKER announced his signature to enrolled bills of the Senate 
of the following titles:

       S. 366. An act to amend the National Trails System Act to 
     designate El Camino Real de Tierra Adentro as a National 
     Historic Trail.
       S. 1198. An act to establish a 3-year pilot project for the 
     General Accounting Office to report to Congress on 
     economically significant rules of Federal agencies, and for 
     other purposes.
       S. 2045. An act to amend the Immigration and Nationality 
     Act with respect to H-1B nonimmigrant aliens.
       S. 2272. An act to improve the administrative efficiency 
     and effectiveness of the Nation's abuse and neglect courts 
     and for other purposes consistent with the Adoption and Safe 
     Families Act of 1997.

                          ____________________



                    BILL PRESENTED TO THE PRESIDENT

  Mr. THOMAS, from the Committee on House Administration, reported that 
that committee did on this day present to the President, for his 
approval, a bill of the House of the following title:

       H.R. 4365. To amend the Public Health Service Act with 
     respect to children's health.

                          ____________________



                              ADJOURNMENT

  Mr. REYNOLDS. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 11 o'clock and 8 minutes 
p.m.), the House adjourned until Friday, October 6, 2000, at 9 a.m.

                          ____________________



                     EXECUTIVE COMMUNICATIONS, ETC.

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

       10460. A letter from the Acting Executive Director, 
     Commodity Futures Trading Commission, transmitting the 
     Commission's final rule--Profile Documents for Commodity 
     Pools (RIN: 3038-AB60) received October 4, 2000, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
       10461. A letter from the Director, Office of Management and 
     Budget, transmitting a report on the Cost Estimate for Pay-
     As-You-Go Calculations; to the Committee on the Budget.
       10462. A letter from the Director, Office on Management and 
     Budget, transmitting a report on the Estimates Contained in 
     P.L. 106-259 Department of Defense Appropriations Act, FY 
     2001; to the Committee on the Budget.
       10463. A letter from the Special Assistant, Mass Media 
     Bureau, Federal Communications Commission, transmitting the 
     Commission's final rule--Amendment of Section 73.202(b), 
     Table of Allotments, FM Broadcast Stations (Rocksprings, 
     Texas) [MM Docket No. 99-336; RM-9758] received October 2, 
     2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Commerce.
       10464. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations. (Bristol, Vermont) [MM Docket No. 99-260; RM-9686] 
     received October 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Commerce.
       10465. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Sheffield, Pennsylvania) [MM Docket No. 00-60; RM-9827] 
     (Erie, Illinois) [MM Docket No. 00-61; RM-9840] (Due West, 
     South Carolina) [MM Docket No. 00-62; RM-9846] received 
     October 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Commerce.
       10466. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations. (Jacksonville, Georgia) [MM Docket No. 00-84; RM-
     9855] (Las Vegas, New Mexico) [MM Docket No. 00-85; RM-9868] 
     (Vale, Oregon) [MM Docket No. 00-86; RM-9869] (Waynesboro, 
     Georgia) [MM Docket No. 00-89; RM-9872] (Fallon, Nevada) [MM 
     Docket No. 00-111; RM-9900] (Weiser, Oregon) [MM Docket No. 
     00-112; RM-9901] received October 2, 2000, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Commerce.
       10467. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     section 73.202(b), Table of Allotments, FM Broadcast 
     Stations. (Pitkin, Lake Charles, Moss Bluff, and Reeves, 
     Louisiana, and Crystal Beach, Galveston, Missouri City, and 
     Rosenberg, Texas.) [MM Docket No. 99-26; RM-9436; RM-9651; 
     RM-9652] received October 2, 2000, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Commerce.
       10468. A letter from the Chief, Policy and Rules Division, 
     Federal Communications Commission, transmitting the 
     Commission's final rule--Amendment of Part 15 of the 
     Commission's Rules Regarding Spread Spectrum Devices [ET 
     Docket No. 99-231] received October 2, 2000, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Commerce.
       10469. A letter from the Associate Bureau Chief, Wireless 
     Telecommunications Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Revision of the 
     Commission's Rules To Ensure Compatibility with Enhanced 911 
     Emergency Calling Systems [CC Docket No. 94-102] received 
     October 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Commerce.
       10470. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Station 
     (Andalusia, Alabama and Holt, Florida) [MM Docket No. 00-17; 
     RM-9814] received October 2, 2000, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Commerce.
       10471. A letter from the Special Assistant to the Bureau 
     Chief, Mass Media Bureau, Federal Communications Commission, 
     transmitting the Commission's final rule--Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Rangley, Silverton and Ridgway, Colorado) [MM Docket No. 99-
     151, RM-9559, RM-9932] received October 2, 2000, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
       10472. A letter from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting 
     certification of a proposed Manufacturing License Agreement 
     with Italy [Transmittal No. DTC 127-00], pursuant to 22 
     U.S.C. 2776(d); to the Committee on International Relations.
       10473. A letter from the Assistant Legal Adviser for Treaty 
     Affairs, Department of State, transmitting Copies of 
     international agreements, other than treaties, entered into 
     by the United States, pursuant to 1 U.S.C. 112b(a); to the 
     Committee on International Relations.
       10474. A letter from the Auditor, District of Columbia, 
     transmitting a copy of a report entitled ``Audit of the 
     Advisory Neighborhood Commission 3B for the period October 1, 
     1997 through December 31, 1999,'' pursuant to D.C. Code 
     section 47-117(d); to the Committee on Government Reform.
       10475. A letter from the Auditor, District of Columbia, 
     transmitting a copy of a report entitled ``Certification of 
     the Fiscal Year 2000 Revised Revenue Estimate of 
     $3,225,180,000 in Support of the District's $189 Million 
     Multimodal General Obligation Bonds,'' pursuant to D.C. Code 
     section 47-117(d); to the Committee on Government Reform.
       10476. A letter from the Chairman, Consumer Product Safety 
     Commission, transmitting a report on the revised Strategic 
     Plan; to the Committee on Government Reform.
       10477. A letter from the Attorney General, Department of 
     Justice, transmitting a report on the Strategic Plan for 
     2000-2005; to the Committee on Government Reform.

[[Page 21215]]


       10478. A letter from the Acting Secretary, Department of 
     Veterans Affairs, transmitting a report on the Strategic Plan 
     2001-2006; to the Committee on Government Reform.
       10479. A letter from the The Administrator, Environmental 
     Protection Agency, transmitting a report on the Strategic 
     Plan for FY 2000-2005; to the Committee on Government Reform.
       10480. A letter from the Chairman, Federal Energy 
     Regulatory Commission, transmitting a report on the Strategic 
     Plan for 2000-2005; to the Committee on Government Reform.
       10481. A letter from the Chairman, Federal Trade 
     Commission, transmitting a report on the Strategic Plan for 
     FY 2000-2005; to the Committee on Government Reform.
       10482. A letter from the Executive Director, Neighborhood 
     Reinvestment Corporation, transmitting a report on the five-
     year Strategic/Operational Plan for FY 2000-2005; to the 
     Committee on Government Reform.
       10483. A letter from the Director, Office of Personnel 
     Management, transmitting a report on the 2000 Inventory of 
     Commercial Activities; to the Committee on Government Reform.
       10484. A letter from the Director, Office of Personnel 
     Management, transmitting a report on the Federal Human 
     Resources Management for the 21st century Strategic Plan FY 
     2000-2005; to the Committee on Government Reform.
       10485. A letter from the Secretary of Labor, transmitting a 
     report on the Strategic Plan for 1999-2004; to the Committee 
     on Government Reform.
       10486. A letter from the Chairman, Tennessee Valley 
     Authority, transmitting a copy of the annual report in 
     compliance with the Government in the Sunshine Act during the 
     calendar year 1999, pursuant to 5 U.S.C. 552b(j); to the 
     Committee on Government Reform.
       10487. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final 
     rule--Atlantic Highly Migratory Species Fisheries; Atlantic 
     Bluefin Tuna [I.D. 081600A] received October 3, 2000, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Resources.
       10488. A letter from the Acting Associate Administrator for 
     Procurement, National Aeronautics and Space Administration, 
     transmitting the Administration's final rule--Acquisition of 
     Training Services--received October 2, 2000, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Science.
       10489. A letter from the Chief, Regulations Unit, Internal 
     Revenue Service, transmitting the Service's final rule--
     Monthly Limit for Transit Passes and Transportation in a 
     Commuter Highway Vehicle Provided by an Employer to Employees 
     Under Section 132(f) of the Internal Revenue Code 
     [Announcement 2000-78] received October 4, 2000, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
       10490. A letter from the Chief, Regulations Unit, Internal 
     Revenue Services, transmitting the Service's final rule--
     Automatic approval of changes in funding methods [Rev. 
     Procedure 2000-40] received October 3, 2000, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
       10491. A letter from the Chairman, United States 
     International Trade Commission, transmitting the annual 
     report on the impact of the Andean Trade Preference Act on 
     U.S. Industries and Consumers and on Drug Crop Eradication 
     and Crop Substitution, pursuant to 19 U.S.C. 3204; to the 
     Committee on Ways and Means.
       10492. A letter from the Acting Director of Communications 
     and Legislative Affairs, Equal Employment Opportunity 
     Commission, transmitting a report on the Employment of 
     Minorities, Women and People with Disabilities in the Federal 
     Government; jointly to the Committees on Government Reform 
     and Education and the Workforce.

                          ____________________



         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. YOUNG of Alaska: Committee on Resources. H.R. 3241. A 
     bill to direct the Secretary of the Interior to recalculate 
     the franchise fee owed by Fort Sumter Tours, Inc., a 
     concessioner providing service to Fort Sumpter National 
     Monument in South Carolina, and for other purposes; with an 
     amendment (Rept. 106-937). Referred to the Committee of the 
     Whole House on the State of the Union.
       Mr. YOUNG of Alaska: Committee on Resources. S. 1936. An 
     act to authorize the Secretary of Agriculture to sell or 
     exchange all or part of certain administrative sites and 
     other National Forest System land in the State of Oregon and 
     use the proceeds derived from the sale or exchange for 
     National Forest System purposes; with an amendment (Rept. 
     106-938). Referred to the Committee of the Whole House on the 
     State of the Union.
       Mr. SMITH of New Jersey: Committee of Conference. 
     Conference report on H.R. 3244. A bill to combat trafficking 
     on persons, especially into the sex trade, slavery, and 
     slavery-like conditions in the United States and countries 
     around the world through prevention, through prosecution and 
     enforcement against traffickers, and through protection and 
     assistance to victims of trafficking (Rept. 106-939). Ordered 
     to be printed.
       Mr. WOLF: Committee of Conference. Conference report on 
     H.R. 4475. A bill making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2001, and for other purposes (Rept. 106-
     940). Ordered to be printed.
       Mr. REYNOLDS: Committee on Rules. House Resolution 612. 
     Resolution waiving points of order against the conference 
     report to accompany the bill (H.R. 4475) making 
     appropriations for the Department of Transportation and 
     related agencies for the fiscal year ending September 30, 
     2001, and for other purposes (Rept. 106-941). Referred to the 
     House Calendar.
       Ms. PRYCE of Ohio: Committee on Rules. House Resolution 
     613. Resolution waiving points of order against the 
     conference report to accompany the bill (H.R. 3244) to combat 
     trafficking of persons, especially into the sex trade, 
     slavery, and slavery-like conditions in the United States and 
     countries around the world through prevention, through 
     prosecution and enforcement against traffickers, and through 
     protection and assistance to victims of trafficking (Rept. 
     106-942). Referred to the House Calendar.

                          ____________________



                      PUBLIC BILLS AND RESOLUTIONS

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

           By Mr. WELLER:
       H.R. 5389. A bill to authorize the Secretary of the Army to 
     convey certain real property in the city of Joliet, Illinois, 
     to the Joliet Park District for use as the park district's 
     headquarters; to the Committee on Transportation and 
     Infrastructure.
           By Mr. BILBRAY:
       H.R. 5390. A bill to amend the Nazi War Crimes Disclosure 
     Act to extend the existence of the interagency working group 
     established under that Act, and to clarify the authority of 
     that group and the application of that Act regarding records 
     pertaining to the Imperial Government of Japan; to the 
     Committee on Government Reform.
           By Mr. ROHRABACHER:
       H.R. 5391. A bill to establish the White House Commission 
     on the National Moment of Remembrance; to the Committee on 
     Government Reform.
           By Mr. TALENT (for himself and Mr. Crane):
       H.R. 5392. A bill to amend title XVIII of the Social 
     Security Act to provide relief for small business concerns 
     from Medicare consolidated billing requirements and to 
     exclude services of certain providers from the skilled 
     nursing facility prospective payment system, and for other 
     purposes; to the Committee on Commerce, and in addition to 
     the Committee on Ways and Means, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. MCCOLLUM (for himself and Ms. Baldwin):
       H.R. 5393. A bill to amend title 18, United States Code, to 
     provide a criminal penalty for the unauthorized placement of 
     a writing with a consumer product, and for other purposes; to 
     the Committee on the Judiciary.
           By Mr. WOLF:
       H.R. 5394. A bill making appropriations for the Department 
     of Transportation and related agencies for the fiscal year 
     ending September 30, 2001, and for other purposes; to the 
     Committee on Appropriations.
           By Mrs. CAPPS (for herself and Mr. Wu):
       H.R. 5395. A bill to provide for qualified withdrawals from 
     the Capital Construction Fund (CCF) for fishermen leaving the 
     industry and for the rollover of Capital Construction Funds 
     to individual retirement plans; to the Committee on Ways and 
     Means, and in addition to the Committee on Armed Services, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. DIAZ-BALART:
       H.R. 5396. A bill to amend section 81 of the Tariff Act of 
     1930 to amend the definition of a foreign trade zone 
     operator, and for other purposes; to the Committee on Ways 
     and Means.
           By Mr. INSLEE (for himself, Mr. LaFalce, Mr. Evans, Mr. 
             Abercrombie, Mr. Ackerman, Mr. Andrews, Mr. Baird, 
             Ms. Baldwin, Mr. Barrett of Nebraska, Mr. Bartlett of 
             Maryland, Mr. Becerra, Ms. Berkley, Mr. Berry, Mr. 
             Bilbray, Mr. Blumenauer, Mr. Boehlert, Mr. Bonior, 
             Mrs. Bono, Mr. Borski, Mr. Brady of Pennsylvania, Ms. 
             Brown of Florida, Mr. Brown of Ohio, Mr. Cannon, Mrs. 
             Capps, Mr. Capuano, Ms. Carson, Mrs. Christensen, 
             Mrs. Clayton, Mr. Condit, Mr. Coyne, Mr. Cramer, Ms. 
             Danner, Mr. Davis of Illinois, Mr. DeFazio, Mr. 
             Dicks, Mr.

[[Page 21216]]

             Dingell, Mr. Dixon, Mr. Etheridge, Mr. Faleomavaega, 
             Mr. Farr of California, Mr. Filner, Mr. Forbes, Mr. 
             Frank of Massachusetts, Mr. Frost, Mr. Gejdenson, Mr. 
             Gallegly, Mr. Gillmor, Mr. Gonzalez, Mr. Goodlatte, 
             Mr. Gordon, Mr. Green of Texas, Mr. Gutierrez, Mr. 
             Hall of Texas, Mr. Hastings of Florida, Mr. Hinchey, 
             Mr. Holden, Mr. Jackson of Illinois, Mr. Jefferson, 
             Mr. Jenkins, Mrs. Jones of Ohio, Mr. Jones of North 
             Carolina, Ms. Kaptur, Mrs. Kelly, Mr. Kennedy of 
             Rhode Island, Mr. Kildee, Mr. Kind, Mr. Klink, Mr. 
             Kucinich, Mr. Larson, Mr. LaTourette, Ms. Lee, Mr. 
             Levin, Ms. Lofgren, Mrs. Lowey, Mrs. McCarthy of New 
             York, Ms. McCarthy of Missouri, Mr. McDermott, Mr. 
             McGovern, Mr. McIntyre, Ms. McKinney, Mr. McNulty, 
             Mrs. Maloney of New York, Mr. Martinez, Mr. Mascara, 
             Mr. Matsui, Mr. Meehan, Mrs. Meek of Florida, Mr. 
             Meeks of New York, Mr. Menendez, Mr. Metcalf, Mr. 
             Mica, Ms. Millender-McDonald, Mr. George Miller of 
             California, Mr. Moore, Mr. Moran of Virginia, Mr. 
             Murtha, Mrs. Napolitano, Mr. Neal of Massachusetts, 
             Mr. Ney, Ms. Norton, Mr. Oberstar, Mr. Obey, Mr. 
             Ortiz, Mr. Owens, Mr. Packard, Mr. Pallone, Mr. 
             Pascrell, Mr. Payne, Ms. Pelosi, Mr. Peterson of 
             Minnesota, Mr. Peterson of Pennsylvania, Mr. Phelps, 
             Mr. Pomeroy, Mr. Price of North Carolina, Mr. Rahall, 
             Mr. Rangel, Mr. Reyes, Mr. Rodriguez, Mr. 
             Rohrabacher, Mr. Romero-Barcelo, Mrs. Roukema, Ms. 
             Roybal-Allard, Mr. Rush, Mr. Sanders, Mr. Sandlin, 
             Ms. Schakowsky, Mr. Scott, Mr. Serrano, Mr. Shays, 
             Mr. Sherman, Mr. Shows, Ms. Slaughter, Mr. Smith of 
             Washington, Mr. Smith of New Jersey, Mr. Snyder, Mr. 
             Spratt, Ms. Stabenow, Mr. Stark, Mr. Stearns, Mr. 
             Strickland, Mr. Stupak, Mr. Sweeney, Mrs. Tauscher, 
             Mr. Taylor of Mississippi, Mr. Thompson of 
             California, Mr. Thune, Mr. Tierney, Mr. Towns, Mr. 
             Udall of Colorado, Mr. Walden of Oregon, Mr. Wamp, 
             Ms. Waters, Mr. Weygand, Mr. Wise, Ms. Woolsey, Mr. 
             Wu, and Mr. Wynn):
       H.R. 5397. A bill to require the Secretary of the Treasury 
     to mint coins in commemoration of veterans of the Armed 
     Forces of the United States and to use the proceeds of 
     surcharges imposed on the sale of such coins to fund the 
     transportation of veterans to and from hospitals administered 
     by the Secretary of Veterans Affairs; to the Committee on 
     Banking and Financial Services.
           By Mr. JOHN:
       H.R. 5398. A bill to provide that land which is owned by 
     the Coushatta Tribe of Louisiana but which is not held in 
     trust by the United States for the Tribe may be leased or 
     transferred by the Tribe without further approval by the 
     United States; to the Committee on Resources.
           By Mr. LOBIONDO:
       H.R. 5399. A bill to authorize the Secretary of the 
     Interior to study the suitability and feasibility of 
     designating the Abel and Mary Nicholson House located in 
     Elsinboro Township, Salem County, New Jersey, as a unit of 
     the National Park System, and for other purposes; to the 
     Committee on Resources.
           By Mr. LUCAS of Oklahoma (for himself and Mr. Watkins):
       H.R. 5400. A bill to amend the Internal Revenue Code of 
     1986 to modify the retail tax on heavy trucks and trailers to 
     exclude tractors suitable for use with vehicles weighing 
     33,000 pounds or less; to the Committee on Ways and Means.
           By Mr. MOORE (for himself, Mr. Watkins, Mr. Moran of 
             Kansas, Mr. Stenholm, Mr. Sisisky, Mr. Condit, Mr. 
             Taylor of Mississippi, Mr. Cramer, Mr. Bishop, Mr. 
             Pomeroy, Mr. Scott, Ms. McCarthy of Missouri, Mr. 
             Berry, Mr. John, Mr. Sandlin, Mr. Turner, and Mr. 
             Shows):
       H.R. 5401. A bill to amend the Internal Revenue Code of 
     1986 to extend the section 29 credit for producing fuel from 
     a nonconventional source; to the Committee on Ways and Means.
           By Mrs. MORELLA (for herself and Mr. Bartlett of 
             Maryland):
       H.R. 5402. A bill to amend the Chesapeake and Ohio Canal 
     Development Act to extend to the Chesapeake and Ohio Canal 
     National Historical Park Commission; to the Committee on 
     Resources.
           By Mr. SOUDER:
       H.R. 5403. A bill to restore Federal recognition to the 
     Miami Nation of Indiana; to the Committee on Resources.
           By Mr. STARK (for himself, Mr. Neal of Massachusetts, 
             Mr. Jefferson, and Mr. Coyne):
       H.R. 5404. A bill to amend title XVIII of the Social 
     Security Act to establish and implement a comprehensive 
     system under the Medicare Program to assure quality of care 
     furnished to Medicare beneficiaries, and reduce the incidence 
     of medical errors, and for other purposes; to the Committee 
     on Ways and Means, and in addition to the Committee on 
     Commerce, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. TIERNEY (for himself, Mr. Andrews, Mrs. McCarthy 
             of New York, and Mr. Kildee):
       H.R. 5405. A bill to amend title I of the Employee 
     Retirement Income Security Act of 1974 to provide emergency 
     protection for retiree health benefits; to the Committee on 
     Education and the Workforce, and in addition to the Committee 
     on the Budget, for a period to be subsequently determined by 
     the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. WOLF:
       H.R. 5406. A bill to amend title 5, United States Code, to 
     provide for rank awards for certain senior career employees; 
     to the Committee on Government Reform.
           By Mr. LAZIO (for himself, Mr. Gilman, and Mr. 
             Reynolds):
       H. Con. Res. 418. Concurrent resolution expressing the 
     sense of the Congress regarding the current level of violence 
     between the Israelis and the Palestinians; to the Committee 
     on International Relations.

                          ____________________



                               MEMORIALS

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

       475. The SPEAKER presented a memorial of the Senate of the 
     State of Michigan, relative to Resolution No. 209 
     memorializing the United States Army Corps of Engineeers to 
     hold public hearings on its proposed erosion mitigation 
     policy for portions of the Lake Michigan shoreline; to the 
     Committee on Transportation and Infrastructure.
       476. Also, a memorial of the House of Representatives of 
     the State of Ohio, relative to Resolution No. 60 
     memorializing the Congress of the United States to propose 
     and pass legislation to return adequate funding to states to 
     fund the employment security system, ensuring a fair return 
     to employer for the Federal Unemployment Tax Act; to the 
     Committee on Ways and Means.

                          ____________________



                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII,

       Mr. BECERRA introduced a bill (H.R. 5407) for the relief of 
     Tony Lara; which was referred to the Committee on the 
     Judiciary.

                          ____________________



                          ADDITIONAL SPONSORS

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

       H.R. 531: Ms. Velazquez.
       H.R. 561: Mr. Smith of Washington,
       H.R. 640: Ms. Berkley.
       H.R. 783: Ms. Baldwin.
       H.R. 963: Mr. Walden of Oregon.
       H.R. 1303: Mr. Istook, Mr. McHugh, Ms. Roybal-Allard, and 
     Mr. Mica.
       H.R. 1450: Ms. Baldwin.
       H.R. 2166: Mr. Baird, Mr. Green of Wisconsin, Mr. Phelps, 
     Mr. Meehan, Mr. Markey, and Mr. Chabot.
       H.R. 2520: Mrs. Johnson of Connecticut.
       H.R. 2551: Mr. Thornberry, Mr. Maloney of Connecticut, Mr. 
     Bereuter, and Mr. LoBiondo.
       H.R. 2620: Ms. Carson and Mr. Smith of New Jersey.
       H.R. 3083: Mr. Coyne, Mr. Kucinich, and Mr. Serrano.
       H.R. 3256: Mr. Udall of New Mexico.
       H.R. 3453: Ms. Pryce of Ohio.
       H.R. 3514: Mr. Chambliss, Mrs. Northup, Mr. Phelps, Mr. 
     Green of Wisconsin, Mr. Moakley, Mr. Condit, and Mr. Weygand.
       H.R. 3558: Mr. Dingell.
       H.R. 3628: Mr. Peterson of Pennsylvania.
       H.R. 3712: Mr. McNulty.
       H.R. 4025: Mr. English.
       H.R. 4082: Mr. Moran of Virginia.
       H.R. 4102: Mr. Duncan and Mr. Schaffer.
       H.R. 4281: Mr. Oxley.
       H.R. 4328: Mr. Foley.
       H.R. 4511: Mr. Schaffer and Mr. Nussle.
       H.R. 4547: Mr. McCollum, Mr. Oxley, and Ms. Danner.
       H.R. 4549: Mr. Ewing.
       H.R. 4580: Mr. Walden of Oregon.
       H.R. 4624: Mr. Farr of California.
       H.R. 4740: Mr. Bereuter and Mr. Dixon.
       H.R. 4874: Ms. Carson and Mr. Graham.
       H.R. 4894: Mr. Etheridge.
       H.R. 4936: Mr. Green of Texas.
       H.R. 4971: Mr. Barrett of Wisconsin and Mr. Goodlatte.
       H.R. 5015: Mr. Green of Texas and Ms. Carson.
       H.R. 5027: Mr. Schaffer.
       H.R. 5067: Mr. Reyes.
       H.R. 5132: Mr. Kucinich, Mr. McHugh, Mrs. Lowey, Mrs. 
     Morella, Mrs. Jones of Ohio, Mr. Gordon, and Ms. Roybal-
     Allard.
       H.R. 5137: Mr. McCollum, Mr. Porter, Ms. McCarthy of 
     Missouri, Ms. Pryce of Ohio, Mr. Lewis of Georgia, Mrs. 
     Roukema, Mr. Bilirakis, and Mr. McNulty.

[[Page 21217]]


       H.R. 5147: Mr. Rangel, Mr. Lipinski, Mr. Rothman, Mr. Hall 
     of Texas, and Mr. Martinez.
       H.R. 5148: Mr. Wexler.
       H.R. 5151: Ms. Danner and Mr. Bilbray.
       H.R. 5152: Mr. Kennedy of Rhode Island, Mr. Lampson, and 
     Ms. Eshoo.
       H.R. 5159: Mr. Abercrombie.
       H.R. 5164: Mr. Deutsch, Mr. Shimkus, Mr. LaTourette, and 
     Mr. Klink.
       H.R. 5180: Mr. Stark.
       H.R. 5238: Ms. Berkley.
       H.R. 5258: Mr. DeLay, Ms. Granger, Mr. Frost, Mr. Hall of 
     Ohio, Mr. Boehner, Mr. Spence, Mrs. Morella, Mr. Traficant, 
     Mr. Sessions, Mr. Hayworth, Mrs. Clayton, Mrs. Emerson, Ms. 
     Berkley, Mr. Sam Johnson of Texas, Mr. Berman, Mr. Allen, Mr. 
     Hinojosa, Mr. Oberstar, Ms. McKinney, Ms. Kilpatrick, Mr. 
     Minge, Mr. Fattah, Mr. Jefferson, Mr. Sandlin, Mr. McGovern, 
     Mr. Salmon, Mr. Barrett of Nebraska, Mr. Radanovich, Mrs. 
     Chenoweth-Hage, Mr. Hobson, Mr. Gilman, Mr. Walden of Oregon, 
     Mr. Gilchrest, Mr. Hilleary, Mr. Goodlatte, Mr. Shadegg, Mr. 
     Wamp, Mrs. Fowler, Mr. Hansen, Mr. Jenkins, and Mr. Wu.
       H.R. 5261: Mr. Serrano and Mr. Engel.
       H.R. 5268: Mr. Nethercutt, Mrs. Kelly, Mr. Doyle, Mr. 
     Reyes, Mr. Isakson, Mr. Sandlin, Mr. Neal of Massachusetts, 
     Mr. Moran of Virginia, Mr. Gary Miller of California, and Mr. 
     Coyne.
       H.R. 5271: Mr. Peterson of Minnesota.
       H.R. 5322: Mr. George Miller of California.
       H.R. 5337: Mr. Smith of New Jersey and Ms. Pelosi.
       H.R. 5350: Mr. Nethercutt.
       H.R. 5373: Mr. Schaffer and Mr. Vitter.
       H. Con. Res. 58: Mr. Klink and Ms. Slaughter.
       H. Con. Res. 341: Mr. Boehlert and Mr. Hall of Ohio.
       H. Con. Res. 370: Ms. Sanchez.
       H. Con. Res. 395: Ms. Schakowsky.
       H. Con. Res. 401: Mr. Hefley, Mr. Doyle, Mr. Radanovich, 
     Mr. Canady of Florida, Mr. Wynn, Mr. Ackerman, Mr. Payne, and 
     Ms. McKinney.
       H. Con. Res. 404: Mr. Costello, Mr. Lewis of California, 
     Mrs. Morella, Mr. Smith of Washington, Mr. Hastings of 
     Washington, Ms. Baldwin, Mr. Inslee, and Mr. Maloney of 
     Connecticut.
       H. Con. Res. 408: Mr. Barrett of Nebraska, Mr. Kucinich, 
     Mr. Pascrell, Mr. Green of Texas, Mr. Hastings of Washington, 
     and Mr. Goodlatte.
       H. Con. Res. 412: Ms. Slaughter and Mr. Farr of California.
       H. Res. 347: Ms. Slaughter.
       H. Res. 437: Mr. Sandlin.
       H. Res. 537: Mr. Price of North Carolina, Mr. Smith of 
     Washington, Mr. Olver, and Mr. Lucas of Oklahoma.



             CONGRESSIONAL RECORD 

                United States
                 of America



October 5, 2000


[[Page 21218]]

                          EXTENSION OF REMARKS

THE NAMING OF THE CARL RENYA MEMORIAL FIELD ON THE 50TH ANNIVERSARY OF 
                         CAPUCHINO HIGH SCHOOL

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. LANTOS. Mr. Speaker, too often in today's world, our newspapers 
are filled with stories about all of the things that are wrong with 
sports. Today, I want to take a moment to honor someone who was an 
example of all that can be right about athletic competition.
  I want to report to my colleagues in this House about a man with an 
innocent passion for sports, who embodied the virtues of good 
sportsmanship. A man with a kind gentle spirit, who was an institution 
on the bleachers and the fields of Capuchino High School in San Bruno 
and other high schools in San Bruno, Burlingame, and Millbrae, 
California. Mr. Speaker, I rise today to pay tribute to an outstanding 
man--Carl Renya.
  A graduate of Capuchino High School and affectionately known as ``Mr. 
Capuchino,'' Carl was the personification of all that is good about 
sport. A lifelong fan of our Peninsula high schools, Carl could be 
counted on to be in the audience for every game. He was such a part of 
the competition that athletes and made rubbing his bald head a pre-game 
ritual for good luck. In addition to attending every game, Carl 
regularly authored a sports column in the San Bruno Herald. Although he 
did not posses the greatest singing voice, Carl took great pride in 
telephoning local high school principals at 6:00 a.m. on game day 
mornings to sing the school's fight song.
  Mr. Speaker, Carl Renya passed away in March of 1998. It was 
appropriate that the memorial service for Carl was held in the 
Gymnasium of Capuchino High School with athletes, cheerleaders, two 
marching bands, and brightly colored banners which recalled his 
commitment to the school and its athletic programs.
  On Sunday October 8th the people of the Peninsula will gather to 
honor the 50th Anniversary of Capuchino High School. As part of the 
anniversary celebration, the school's football field will be renamed 
and dedicated to honor Carl Renya. Mr. Speaker, I cannot imagine a more 
appropriate honor. During his brief but full fifty-nine years, Carl 
touched the lives of all those with whom he came in contact. Now that 
Carl is gone, those whose lives he touched have their opportunity to 
cheer for him. Mr. Speaker, even though Carl is no longer cheering on 
the sidelines, his presence will still be felt at every Capuchino High 
School football game--which now will be played at the Carl Renya 
Memorial Field.

                          ____________________



TRIBUTE TO ALBERT MARDIROSSIAN, JR., PASSAIC LIONS CLUB MAN OF THE YEAR

                                 ______
                                 

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. PASCRELL. Mr. Speaker, I would like to call to your attention the 
deeds of a person I am proud to call my friend, Albert Mardirossian, 
Jr. of Clifton, New Jersey, who will be recognized on Friday, October 
6, 2000 as the Passaic Lions Club Man of the Year. He was feted because 
of his many years of service and leadership. The 80-year-old 
organization chooses one man each year that has, ``given themselves to 
both the city and its residents.'' It is only appropriate that he be 
honored, for he has a long history of caring, generosity and commitment 
to others.
  Albert was recognized for his many years of leadership in New Jersey, 
which I have been honored to represent in Congress since 1997, and so 
it is only fitting that these words are immortalized in the annals of 
this greatest of all freely elected bodies.
  Born in Passaic, New Jersey, Albert Mardirossian, Jr. graduated from 
Clifton High School in 1956. He received his BS from Fairleigh 
Dickinson University in 1960. As an undergraduate, he served as Class 
President, Student Council President and Captain of the Fencing Team. 
Later, he was the school's fundraising chair in 1965 and its Alumni 
President in 1966.
  Albert has always been an active and involved leader. The time at 
Fairleigh Dickinson instilled in Albert the attributes necessary for 
him to become a stellar force in the community. It was the small steps 
in the beginning of his career that taught him the fundamentals that 
would make him a role model to the people that he now serves.
  Known for a questioning mind and an ability to get things done, 
Albert has received numerous community awards. These include two 
previous ``Man of the Year'' designations. The Passaic Optimists named 
him in 1985, and the Passaic Old Timers AA tapped him in 1986. He also 
received ``Appreciation Awards'' from the Hispanic Information Center 
of Passaic in 1985 and from the Passaic County Freeholders in 1993. In 
addition, he is a winner of the Councilman Jim Shoop Community Service 
Award and the Deacon Magnus Ellen Community Service Award.
  Currently, Al builds homes and develops properties in South Jersey, 
mostly in Little Egg Harbor Township in Ocean County. This native of 
Passaic and Clifton resident is active in both communities. He has long 
donated time and money to school athletics. This was evidenced in 1999 
with the naming of the Passaic High School ``Albert Mardirossian, Jr. 
Weight & Training Room.'' Sports are a passion for Al since he used to 
own two sporting goods stores.
  Mr. Speaker, I ask that you join our colleagues, Albert's family and 
friends and me in recognizing the outstanding and invaluable service to 
the community of Albert Mardirossian, Jr., a true humanitarian.

                          ____________________



                      TRIBUTE TO JOSEPHINE YOUNGS

                                 ______
                                 

                          HON. DONALD M. PAYNE

                             of new jersey

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. PAYNE. Mr. Speaker, I would like to ask my colleagues here in the 
U.S. House of Representatives to join me in honoring Mrs. Josephine 
Youngs of Roselle, New Jersey as she celebrates her 100th birthday.
  Born on October 25, 1900, in Jacksonville, Florida, Mrs. Youngs is 
the youngest surviving child of eight siblings, four brothers and four 
sisters. Mrs. Youngs married Walter Youngs in 1921, and they became the 
parents of one child. Mrs. Youngs has lived in Roselle, New Jersey for 
28 years and is now cared for by her daughter, Geraldine McLean. A long 
time member of Mount Pleasant Baptist Church in Newark, Mrs. Youngs 
maintains a keen interest in current events, including the upcoming 
Presidential election. In addition, she is accomplished at sewing, 
quilt making, and gardening. She also cheers for the Yankees during 
baseball season.
  Mr. Speaker, Mrs. Youngs is truly an inspiration to those around her. 
As her family and friends gather to celebrate her life spanning a 
century, it is fitting that we take this opportunity to pay tribute to 
her and to extend our very best wishes on this special birthday.

                          ____________________



                IN RECOGNITION OF CONSTITUENT JANE RYAN

                                 ______
                                 

                          HON. SHELLEY BERKLEY

                               of nevada

                    in the house of representatives

                       Thursday, October 5, 2000

  Ms. BERKLEY. Mr. Speaker, I rise to recognize the great work of my 
constituent, Jane Ryan, RN, MN, CNAA, who is ending her tenure this 
year as President of the American Psychiatric Nurses Association 
(APNA).
  Mr. Speaker, Jane Ryan has dedicated her entire career to the field 
of mental health. For many years, Ms. Ryan focused on training the next 
generation of psychiatric nurses at the University of California at Los 
Angeles (UCLA). As a tribute to her work, former students have been 
known to still talk about Jane's unique ability to bring out the best 
in her pupils. Despite her busy schedule, ever the teacher and mentor, 
Jane still continues to

[[Page 21219]]

keep in touch with a number of her former students and colleagues.
  Mr. Speaker, Jane Ryan has worked tirelessly on the issue of 
seclusion and restraint. Recently, her hard work came to fruition as 
Congress passed language related to seclusion and restraint that 
focuses on patient and staff safety issues. I supported passage of this 
measure and was a co-sponsor of the Patient Freedom from Restraint Act. 
I agree that seclusion and restraint requires our serious attention and 
we must all thank Jane for her leadership in this area.
  During her career, Jane Ryan never lost sight of the larger picture--
she never forgot why she and others entered into the field of 
psychiatric nursing--to help people. With this in mind, she always 
stressed the need to hold a constant dialogue with patients and their 
families, in addition to those in the health care provider community. 
This important theme was made clear when APNA established a Consumer 
Advisory Task Force to continue this important dialogue. This type of 
progressive thinking is a hallmark of Jane's leadership.
  Mr. Speaker, I had the pleasure of meeting Jane a number of times in 
my Washington, D.C. office. In fact, with her numerous visits to my 
office, I was beginning to wonder when she planned to stay in my home 
state of Nevada for more than one week at a time! However, I do know 
that I am scheduled to meet with Jane at least one more time this year 
for what promises to be a very special ceremony in Nevada. I am pleased 
to announce that I was chosen to receive APNA's 2000 Congressional 
Service Award. This is a true honor and I wish to thank the entire 
membership for their consideration.
  Mr. Speaker, we have seen a tremendous amount of progress in the 
field of mental health over the past few years. For example, Dr. David 
Satcher released the first-ever Surgeon General's report on mental 
health, where we were reminded of the need to chip away at the stigma 
that still surrounds mental illness. In 1999, we witnessed the historic 
White House Conference on Mental Health, led by Mrs. Tipper Gore, where 
participants, including Jane Ryan, discussed ways to increase access to 
mental health care. Also, I must mention the efforts of my colleague 
Senator Harry Reid, who has worked tirelessly to draw attention to the 
issue of suicide--a problem affecting far too many families across the 
country and, in particular, those in Nevada. We know, then, much work 
remains. However, we should reflect and be proud of the accomplishments 
that were made in the field of mental health--and look forward to more 
progress.
  Mr. Speaker, we must thank people like Jane Ryan, for the remarkable 
strides we have made. There is no doubt that Ms. Ryan, along with the 
many other members of the American Psychiatric Nurses Association, are 
to be commended for their work. On behalf of my colleagues, and 
citizens across the country, thank you for making a difference in the 
lives of Americans across the country.

                          ____________________



  CELEBRATING THE 89TH NATIONAL DAY OF THE REPUBLIC OF CHINA ON TAIWAN

                                 ______
                                 

                           HON. NICK LAMPSON

                                of texas

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. LAMPSON. Mr. Speaker, today I would like to make note of and 
salute the upcoming 89th National Day of the Republic of China on 
Taiwan which will be celebrated on Tuesday, October 10, 2000.
  In recent years, Taiwan has emerged as a major economic power in the 
world. Much of the economic success is attributable to the efforts of 
its leaders. They understand that a strong economy is a necessary basis 
for political progress and reform.
  From its one-party past, Taiwan has become a true democracy with a 
number of political parties. In fact, Mr. Chen Shui-bian of the 
Democratic Progressive Party was elected president by the people of 
Taiwan last March. Since his inauguration as president on May 20, 
President Chen has impressed his people and the world with his 
leadership and vision for the future.
  Mr. Speaker, on this very special day to Taiwan, I extend my 
congratulations to both President Chen, and Representative C. J. Chen 
of the Taipei Economic and Cultural Representative Office in the United 
States.

                          ____________________



             IN HONOR OF THE LATE MAYOR GEORGE CHRISTOPHER

                                 ______
                                 

                           HON. NANCY PELOSI

                             of california

                    in the house of representatives

                       Thursday, October 5, 2000

  Ms. PELOSI. Mr. Speaker, I rise to honor the life of one of San 
Francisco's greatest mayors, Mayor George Christopher, who recently 
passed away at the age of 92. Every San Franciscan owes Mayor 
Christopher a debt of gratitude for his service as mayor and his 
commitment to San Francisco. Mayor Christopher envisioned San Francisco 
as the world-class city it is today and worked tirelessly to make his 
dream a reality.
  Having emigrated from Greece at the age of 2, George Christopher rose 
from humble beginnings to become the dominant figure of his time in San 
Francisco politics. He brought San Francisco the Giants, cleaned up the 
police force, championed civil rights, and altered the city's 
landscape. He changed the city in ways today's residents may not even 
realize.
  As the following editorial from the San Francisco Chronicle 
testifies, George Christopher was a ``Giant of San Francisco'':

       If the Giants win the National League pennant this year for 
     San Francisco, the person most responsible for the feat won't 
     be Barry Bonds or Dusty Baker or the legion of others who 
     take the field, run the bases or manage team affairs. No, the 
     real credit should go to George Christopher, the illustrious, 
     can-do guy who as mayor lured the franchise here from New 
     York more than 40 years ago.
       In a magical move that left New Yorkers seething, 
     Christopher somehow persuaded then-team owner Horace Stoneham 
     to uproot the Giants from the New York Polo Grounds and ship 
     them--Willie Mays and all--more than 2,700 miles west. It was 
     a glorious day in San Francisco history, and Christopher, who 
     died yesterday at age 92, will always be known for it--in 
     part, because hardly anyone knows how he did it.
       But Christopher was an early-riser, a go- getter who spent 
     long hours cooking up ways to elevate the vitality and 
     prosperity of his city. ``Every era has to take care of its 
     own needs,'' Christopher once said in a casual statement that 
     summarizes his spirit and tenure at City Hall. After 
     corralling the Giants, Christopher became the driving force 
     behind building a stadium for them to play in at wind-swept 
     Candlestick Point. There were some howls about the Arctic-
     like atmosphere that surrounds where it sat and some 
     questions of cost and patronage. But there is no question 
     that it was a pragmatic decision.
       With similar energy and insight, Christopher pushed for a 
     light rail system that evolved into BART. And he argued for a 
     hotel tax because ``extra promotional funds are needed to 
     bolster a number of worthwhile cultural activities, such as 
     the Opera.'' The fees, he reasoned, would also help attract 
     tourists.
       The business community shuttered, but Christopher was 
     right. Tourism has flourished ever since. And the hotel duty 
     has provided millions of dollars for the arts, low-cost 
     hearing and numerous other social services alike.
       No wonder he swept into office by a 2-to-1 ratio, winning 
     endorsements from all the daily newspapers, buoyed by support 
     from many Democrats even though he was a Republican. The 
     ever-gentlemanly Christopher will be long remembered for 
     baseball and for his distinctive brand of business-like and 
     effective leadership.

  My thoughts and prayers are with his three sisters, Beatrice Tentes, 
Helen Christopher, and Ethel Davies and all of his family and friends. 
We will miss him greatly.

                          ____________________



             HONORING CAMELIA ANWAR SADAT AND DENISE BROWN

                                 ______
                                 

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. DINGELL. Mr. Speaker, today I commend two extraordinary persons, 
Camelia Anwar Sadat and Denise Brown, for their tireless efforts to 
raise the level of awareness of the serious problem of domestic 
violence. Over the years, both Ms. Sadat and Ms. Brown have been 
effective advocates for victims of domestic violence. They have 
committed substantial amounts of time and resources to help address 
this problem. I am pleased to welcome Ms. Sadat and Ms. Brown to 
Southeast Michigan when they will address the Arab-American domestic 
violence dinner sponsored by the Arab Community Center for Economic and 
Social Services (ACCESS) on October 11, 2000.
  Domestic violence has been a problem of great enormity throughout 
history. Six years ago, however, a bipartisan majority of Congress 
passed, and President Clinton signed, the Violence Against Women Act 
(VAWA).

[[Page 21220]]

VAWA was a giant step forward in our country's response to violence 
against women. It was the first federal law of its kind to recognize 
that gender-based crimes prevent women from being full participants in 
society. VAWA has had an enormous impact on many women and children 
through grants and federal prosecutions. VAWA expired on September 30, 
2000, however, I am pleased to note that on September 26, 2000, the 
House of Representatives not only voted overwhelmingly to reauthorize 
VAWA, but also to expand the original law. I am hopeful the Senate will 
do likewise so this important legislation can become law.
  Violence against women must be stopped and every person must do their 
part. VAWA is playing an important step in ending this violence, but it 
cannot do so alone. It is vitally important that the public is educated 
about the effects this violence has on our society. Ms. Sadat and Ms. 
Brown are committed advocates and continually reach out and educate 
communities about domestic violence. I laud their efforts and 
accomplishments that are raising public awareness and helping purge 
domestic violence from our nation.

                          ____________________



              CELEBRATING THE 89TH NATIONAL DAY OF TAIWAN

                                 ______
                                 

                         HON. EARL F. HILLIARD

                               of alabama

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. HILLIARD. Mr. Speaker, I wish to send best wishes and 
congratulations to His Excellency Chen Shui-Bian, President of the 
Republic of China, and all the citizens of Taiwan on the occasion of 
their 89th National Day. Taiwan has prospered in recent years. It has 
one of the strongest economies in the world, and its people enjoy 
unprecedented prosperity.
  Taiwan has good schools, a good transportation system, and quality 
health care. Furthermore, the people of Taiwan enjoy political freedom 
through direct elections, a free press, and a commitment to human 
rights.
  Taiwan has every right to be proud on the occasion of its 89th 
National Day, and I urge my colleagues to join me in congratulating the 
country's achievements.

                          ____________________



        REOPENING OF THE GOLDEN ROSE CHORAL SYNAGOGUE IN UKRAINE

                                 ______
                                 

                          HON. SANDER M. LEVIN

                              of michigan

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. LEVIN. Mr. Speaker, I would like to take this opportunity to 
extend my sincere congratulations to the Jewish community of Ukraine, 
and particularly to Rabbi Kaminezki, as they celebrate the reopening of 
one of Ukraine's most important symbols of Jewish culture--the Golden 
Rose Choral Synagogue in the city of Dnepropetrovsk.
  This important event, which took place on September 20, symbolizes 
the rebirth of the Jewish community in Ukraine since the collapse of 
the Soviet Union. Now, as a result of a great deal of hard work and 
perseverance, the Jewish community in Ukraine can be described as one 
of the most vibrant Jewish communities in all of the countries 
comprising the former Soviet Union.
  Today in Dnepropetrovsk, for example, the town where the Golden Rose 
Synagogue is located, Jewish orphanages, schools, food centers, 
community centers, medical centers, centers that provide care for the 
elderly, and centers for Holocaust survivors and victims of communism, 
are all thriving.
  What I find even more promising, is that similar positive 
developments can be seen in many cities and towns across Ukraine. 
Today, there are more than 260 Jewish public organizations functioning 
in Ukraine--organizations that are successfully working on a daily 
basis to promote and consolidate national self-identity and revive 
important cultural and religious customs and traditions for all 
Ukrainian Jews.
  I am pleased that the Ukrainian Government is committed to continue 
working together with Jewish community leaders across Ukraine toward 
resolving the complex issue of the restitution of objects that used to 
be Jewish community property. In this regard, it is important to stress 
that more than 33 synagogues, including the one known as Brodsky's 
Synagogue in Kiev, have already been returned to the country's 
religious communities.
  I hope that in coming weeks and months all Ukrainians will continue 
working together to promote religious tolerance and freedom. Ukraine's 
progress in this area so far should stand as a positive example for 
other countries in the region to follow as they seek to create 
environments in which no person is subject to persecution solely on the 
basis of his or her religious or ethnic background.

                          ____________________



                  IN REMEMBRANCE OF GEORGE BECKER, JR.

                                 ______
                                 

                           HON. RALPH M. HALL

                                of texas

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. HALL of Texas. Mr. Speaker, it is an honor for me to pay tribute 
to the late George Becker, Jr. of the Becker Community, located in 
Kaufman County in the Fourth Congressional District. George suffered a 
serious injury on his ranch and spent his last months in the hospital 
fighting for his life until he passed away on May 14 at the age of 84. 
George was a ``fixture'' in his community and will be missed by his 
family and many friends.
  George was born August 15, 1915, in the Becker Community, the son of 
George and Florence Nash Becker. He was a graduate of Texas A&M 
University and a lifetime rancher and realtor. George was very active 
in the Texas and Southwest Cattleman's Association. He was a leader in 
the Becker United Methodist Church and a trustee at Trinity Valley 
Community College since the 1970's. During World War II, he served as a 
captain of a PT Boat.
  George spent his life in the community in which he was born and 
raised. He gave his time, talent and energy to community causes and 
activities--and to the vocation which he loved and which finally 
claimed his life--ranching.
  He is survived by his brother, Major General Bill Becker and sister-
in-law Frances of Kaufman; his brother, Bryan Becker of Dallas; his 
sister, Ellen Becker Dodson and brother-in-law, Dr. Ed Dodson of 
Texarkana; and many nieces and nephews.
  Mr. Speaker, George Becker was a respected citizen of Kaufman County 
whose passing has left a void in the Becker Community. As we adjourn 
today, I ask my colleagues to join me in paying our last respects to 
this fine American, George Becker, Jr.

                          ____________________



         TRIBUTE TO THE SELF RELIANCE (NJ) FEDERAL CREDIT UNION

                                 ______
                                 

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. PASCRELL. Mr. Speaker, I would like to call to your attention the 
deeds of a remarkable organization, the Self Reliance (NJ) Federal 
Credit Union of Passaic, New Jersey. This outstanding money lending 
organization celebrates its 40th Anniversary on Sunday, October 29, 
2000. It is a company with a long history of caring, generosity and 
commitment to others. Its years of service and leadership deserve to be 
honored.
  The Self Reliance (NJ) Federal Credit Union was recognized for its 
many years of leadership in Passaic, which I have been honored to 
represent in Congress since 1997, and so it is only fitting that these 
words are immortalized in the annals of this greatest of all freely 
elected bodies.
  The Self Reliance (Passaic, NJ) Federal Credit Union opened its doors 
in January of 1960 with seven members in a small office. The office was 
located in the Ukrainian National Home on Hope Avenue in Passaic. 
Members include members of the Self-reliance'' Association of Ukrainian 
Americans, employees of the Union and relatives of employees. Founded 
on the principle of ``People Helping People,'' the credit union 
provides financial services that help its members enhance their quality 
of life.
  On February 28, 1960, 51 members elected the credit union's first 
Board of Directors and Supervisory Committee. A loan policy was 
established. In January of 1961, the first annual meeting of members 
took place. Over the first year the credit union's membership increased 
to 191 and total loans were $23,000. The following year there were 241 
members and total loans increased to $44,000. From 1966 through 1970, 
the credit union gained approximately 40 members per year to a total of 
582, with $424,000 in loans.
  In 1989, the Board of Directors purchased a building on Allwood Road 
in Clifton, New Jersey. The site was completely renovated. In August 
1991, the credit union relocated its main office to Clifton, and 
expanded the hours of operation at the branch office in Passaic. In 
April 1993, the organization changed its name to Self Reliance (NJ) 
Federal Credit Union.
  In November 1995, the union established an additional facility in 
Whippany, New Jersey.

[[Page 21221]]

The same year the union introduced VISA Credit Cards, Home Equity 
Loans, international electronic fund transfers and IRS Certificates of 
Deposit to its list of services. During 1996, VISA Check (Debit) Cards 
were introduced giving members ATM machine access.
  In July 1997, the group merged with Self Reliance (Elizabeth, NJ) 
Federal Credit Union increasing the number of branch offices to four. 
By 1998, with financial growth of 15%, the credit union became the 
largest Ukrainian financial institution in the State of New Jersey.
  Today the union boasts nearly $60 million in assets and over 4,300 
members. To mark the occasion of its 40th anniversary in the year 2000 
a disco was held on October 27, a Zebava (cultural) dance was held on 
October 28, and a banquet was held on October 29.
  Mr. Speaker, I ask that you join our colleagues, the members and 
supporters of this special credit union and me in recognizing the 
outstanding and invaluable service to the community of the Self 
Reliance (NJ) Federal Credit Union.

                          ____________________



                  TRIBUTE TO PASTOR CHARLES E. THOMAS

                                 ______
                                 

                          HON. DONALD M. PAYNE

                             of new jersey

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. PAYNE. Mr. Speaker, I would like to ask my colleagues here in the 
U.S. House of Representatives to join me in honoring a very special 
person, Rev. Dr. Charles E. Thomas, Pastor of New Hope Baptist Church 
in Newark, NJ, who will retire later this month after more than three 
decades of faithful service.
  Born and raised in Montgomery, AL, to Reverend Nathaniel and Fannie 
Thomas, he pursued his educational goals, receiving a bachelor's degree 
in business administration from Selma University in Selma, AL. Reverend 
Thomas received a bachelor degree in theology from the American Baptist 
Theological Seminary in Nashville, TN, and an honorary doctorate degree 
from the Urban Bible Institute of Detroit, MI. Reverend Thomas was 
called to the New Hope Baptist Church in Newark, NJ, in 1957 and began 
his pastorship on August 6, 1968.
  Throughout his years of service, Pastor Thomas has made a difference 
in countless lives through his strong commitment to the church and to 
the entire community. In 1972, Reverend Thomas undertook a major 
project, the formation of the New Hope Day Care Center, which was first 
housed in the church's dining room. The day care center later moved to 
a four-story building purchased by the church. Today, the center 
continues its successful operation, rendering services for 66 children 
year round on a daily basis. Pastor Thomas also administered the 
development of the Minority Contractors and Craftsmen Trade Association 
and the New Hope Skills Centers. These programs trained workers in 
carpentry, masonry and machinery and enabled them to pursue careers in 
those fields.
  Pastor Thomas also reorganized the Scholarship Fund at New Hope, 
expanding opportunities for young men and women who wish to attend 
college. In 1975, Pastor Thomas organized the New Hope Development 
Corporation, which was responsible for the building of New Hope 
Village, a 170-family housing complex in Newark which provides 
affordable housing. Other innovative programs he spearheaded include 
van transportation for seniors, services to address teen pregnancies, 
prison ministry and drug and alcohol counseling.
  Mr. Speaker, on the occasion of his retirement, let us express our 
warmest congratulations to Pastor Thomas and our appreciation for his 
dedicated service to his church and his community.

                          ____________________



                       ITALIAN-AMERICAN HERITAGE

                                 ______
                                 

                           HON. NICK LAMPSON

                                of texas

                    in the house of representatives

                       Thursday, October 5, 2000

  Mr. LAMPSON. Mr. Speaker, October 9th is Columbus Day. Columbus Day 
is more than just a celebration of the great explorer, Christopher 
Columbus, it's about the achievements of Italian-American heritage and 
the vision of our entire nation.
  Italian-Americans came to this country with little, but we've left a 
large mark on our history and culture. I look at my own family and feel 
the same way--I started with little and hopefully will leave a mark on 
the Southeast, Texas area. My mother, who did not graduate from high 
school, but earned a G.E.D. on her 80th birthday, successfully raised 
six children by herself after my father died when I was young. She 
produced an artist, a doctor, a college teacher, successful business 
people, and a United States Congressman--not too bad.
  In 1492, a brave and noble explorer with nothing but dreams landed in 
a vast and foreign land full of promise--America. Although he can be 
considered a controversial figure because Americans born here in what 
is now the U.S. certainly lost during European expansion, his courage 
and desire for success made him a hero to all.
  Columbus Day celebrates our proud people and recognizes the unique 
Italian-American experience. With strong leadership and eternal pride, 
Italian-American communities not only in Southeast Texas, but also 
around the nation, have distinguished themselves through a strong sense 
of family and dedication to their youth.
  Mr. Speaker, I believe the most valuable and most powerful influence 
Christopher Columbus has on our nation and in our human history is 
vision. All Americans can draw inspiration from the character and 
accomplishments of Columbus.
  With his sense of vision, courage, imagination, and optimism, we can 
create a future bright with promise and a new world where all of us can 
pursue our dreams. For we have the power to shape the vision of this 
nation today, tomorrow, and into the next century.

                          ____________________



               THE NEEDLESTICK SAFETY AND PREVENTION ACT

                                 ______
                                 

                               speech of

                           HON. NANCY PELOSI

                             of california

                    in the house of representatives

                        Tuesday, October 3, 2000

  Ms. PELOSI. Madam Speaker, we are here today because needlestick 
related health problems are costly and preventable. H.R. 5178, the 
Needlestick Safety and Prevention Act, will protect our Nation's health 
care providers from unnecessary health risks.
  Each year, between 600,000 and 800,000 health care workers are 
accidentally stuck by needles. As a result, over 1,000 of these injured 
workers go on to contract HIV, hepatitis B, or hepatitis C, and over 
100 eventually die from their illness. Even those who are fortunate 
enough not to be infected by one of these diseases must suffer through 
6 months of waiting before they and their families know that they are 
healthy.
  This suffering can be avoided. Studies have shown that over 80 
percent of needlestick injuries are avoidable. Passage of the 
Needlestick Safety and Prevention Act will require a strong national 
standard to prevent needlestick injuries, and will empower OSHA to 
increase the usage of safer needles.
  These changes will reduce not only the suffering of injured providers 
and their families, but also the costs that hospitals must absorb each 
time a needlestick occurs. The post-exposure treatments that every 
injured worker have cost up to $3,000. My home State of California was 
the first State to pass this legislation, and estimates are that we 
will save over $100 million each year as a result.
  Unfortunately, this legislation will be too late for many health care 
providers. Peggy Ferro, a health care worker in my district in San 
Francisco, was the first health care provider to pass away from AIDS as 
a result of a needlestick. She died at the young age of 49, while still 
fighting for passage of the legislation that we are debating today.
  Although this legislation has not been passed soon enough to help 
Peggy, we can honor her memory by ensuring that safer needle technology 
is used in health facilities. I urge my colleagues to vote ``yes'' on 
H.R. 5178.