Congressional RecordUNUM

E PLURIBUS

United Statesof America PROCEEDINGS AND DEBATES OF THE 106th

CONGRESS, FIRST SESSION

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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Vol. 145 WASHINGTON, THURSDAY, FEBRUARY 11, 1999 No. 25

SenateThe Senate met at 10:07 a.m. and was

called to order by the Chief Justice ofthe United States.f

TRIAL OF WILLIAM JEFFERSONCLINTON, PRESIDENT OF THEUNITED STATESThe CHIEF JUSTICE. The Senate

will convene as a Court of Impeach-ment. The Chaplain will offer a prayer.

PRAYER

The Chaplain, Dr. Lloyd JohnOgilvie, offered the following prayer:

Holy God, who allows beginnings andbrings an end, a time for healing, atime to mend, we ask You to pour outYour palpable, unifying power on thisSenate. Today, may the Senators counton You more than they count votes.This is a time neither for gloating overvictory nor for grimness over losing,but rather a period for grief over allthat has brought us to this day. We areone Nation under You; we repent as aNation; we turn from conditional eth-ics and seek to return to the absolutesof Your Commandments.

Thank You, Lord, for the clarion con-victions expressed during this trial byso many Senators of both parties thatmorals do matter and character doescount. May this shared, common com-mitment unite them as they lead thisNation. Now, as their chaplain, I holdthem all before Your grace and mercy;as their friend, I intercede for theirspiritual strength and courage. Whenthe final votes are taken, hold them to-gether in the oneness America so des-perately needs them to exemplify. Helpthem to model rectitude and reconcili-ation. By Your power, the winner willbe neither the Republicans nor theDemocrats, but the American people.In Your holy Name. Amen.

The CHIEF JUSTICE. The Sergeantat Arms will make the proclamation.

The Sergeant at Arms, James W.Ziglar, made proclamation as follows:

Hear ye! Hear ye! Hear ye! All persons arecommanded to keep silent, on pain of impris-

onment, while the Senate of the UnitedStates is sitting for the trial of the articlesof impeachment exhibited by the House ofRepresentatives against William JeffersonClinton, President of the United States.

THE JOURNAL

The CHIEF JUSTICE. If there is noobjection, the Journal of proceedings ofthe trial are approved to date.

The majority leader is recognized.Mr. LOTT. Thank you, Mr. Chief Jus-

tice.ORDER OF PROCEDURE

Mr. LOTT. This morning the Senatewill resume final deliberations inclosed session. Our best guess, at thistime, leaves approximately 37 Senatorsstill intending to speak. It is possiblethat we could conclude and have thefinal votes this afternoon or late thisevening, but I don’t think that is goingto be possible at this time. When we doapproach that point, I would like to doit in an orderly fashion, that Membersand those who are interested will begiven notice. We have some business wewould have to conclude, also, after allthe deliberations have been complete. Iwill confer throughout the day withSenator DASCHLE to see how it is going,and as soon as we can see clearly whenwe would want to actually move to thefinal vote, we will notify all the Sen-ators.

We will also take a lunch breaksometime today between 12 and 12:30,and we will have, of course, somebreaks throughout the day to takesome refreshments.

I yield the floor to allow the ChiefJustice to close the session.

The CHIEF JUSTICE. The Senatewill now go into closed session for finaldeliberations on the articles of im-peachment. The Sergeant at Arms isdirected to clear the galleries and closethe doors of the Senate Chamber.

CLOSED SESSION

(At 10:11 a.m., the doors of the Cham-ber were closed. The proceedings of theSenate were held in closed session until7:00 p.m., at which time the followingoccurred.)

OPEN SESSION

Mr. LOTT. Mr. Chief Justice, I askunanimous consent that the Senate re-sume open session.

The CHIEF JUSTICE. Without objec-tion, it is so ordered.

ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

Mr. LOTT. I ask unanimous consentthat the Court of Impeachment standin adjournment until 9:30 tomorrowmorning, the Senate then immediatelyproceed to closed session. I ask unani-mous consent the Senate now resumelegislative session in order to conductsome housekeeping business.

The CHIEF JUSTICE. Without objec-tion, it is so ordered.

Thereupon, at 7 p.m. the Senate, sit-ting as a Court of Impeachment, ad-journed until Friday, February 12, 1999,at 9:30 a.m.

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LEGISLATIVE SESSION

Mr. DASCHLE. Mr. President, I sug-gest the absence of a quorum.

The PRESIDING OFFICER (Mr.ENZI). The clerk will call the roll.

The legislative clerk proceeded tocall the roll.

Mr. LOTT. Mr. President, I ask unan-imous consent that the order for thequorum call be rescinded.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.

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AUTHORIZING THE TAKING OFPHOTOGRAPHS IN THE CHAMBEROF THE U.S. SENATE

Mr. LOTT. Mr. President, I send aresolution to the desk regarding thetaking of pictures in the Senate Cham-ber during the impeachment vote andask unanimous consent the resolutionbe considered agreed to and the motionto reconsider be laid upon the table.

Mr. WELLSTONE. Mr. President, Iobject. I would like to have a voicevote.

Mrs. BOXER. Just a voice vote.

CONGRESSIONAL RECORD — SENATES1438 February 11, 1999Mr. LOTT. Mr. President, I move

that this resolution be adopted by theSenate.

The PRESIDING OFFICER. Theclerk will report.

The legislative clerk read as follows:A resolution (S. Res. 36) authorizing the

taking of photographs in the Chamber of theUnited States Senate.

The PRESIDING OFFICER. Thequestion is on agreeing to the resolu-tion.

The resolution (S. Res. 36) was agreedto, as follows:

S. RES. 36Resolved, That paragraph 1 of rule IV of the

Rules for the Regulation of the Senate Wingof the United States Capitol (prohibiting thetaking of pictures in the Senate Chamber) betemporarily suspended for the sole and spe-cific purpose of permitting photographs to betaken on February 11 or 12, 1999, during theroll call vote on the Articles of Impeachmentin the impeachment trial of the President ofthe United States.

SEC. 2. The Sergeant at Arms of the Senateis authorized and directed to make the nec-essary arrangements therefor, which ar-rangements shall provide for a minimum ofdisruption to Senate proceedings.

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MESSAGES FROM THE PRESIDENT

Messages from the President of theUnited States were communicated tothe Senate by Mr. Williams, one of hissecretaries.

EXECUTIVE MESSAGES REFERRED

As in executive session the PresidingOfficer laid before the Senate messagesfrom the President of the UnitedStates submitting sundry nominationswhich were referred to the Committeeon Health, Education, Labor, and Pen-sions.

(The nominations received today areprinted at the end of the Senate pro-ceedings.)f

REPORT CONCERNING THE EMI-GRATION LAWS AND POLICIESOF MONGOLIA—MESSAGE FROMTHE PRESIDENT—PM 8

The PRESIDING OFFICER laid be-fore the Senate the following messagefrom the President of the UnitedStates, together with an accompanyingreport; which was referred to the Com-mittee on Finance.

To the Congress of the United States:On September 4, 1996, I determined

and reported to the Congress that Mon-golia was not in violation of the free-dom of emigration criteria of sections402(a) and 409(a) of the Trade Act of1974, as amended. This action allowedfor the continuation of normal traderelations status for Mongolia and cer-tain other activities without the re-quirement of an annual waiver.

As required by law, I am submittingan updated report to the Congress con-cerning the emigration laws and poli-cies of Mongolia. The report indicatescontinued Mongolian compliance withU.S. and international standards in thearea of emigration.

WILLIAM J. CLINTON.

THE WHITE HOUSE, February 11, 1999.f

MESSAGES FROM THE HOUSE

At 10:07 a.m., a message from theHouse of Representatives, delivered byMr. Hays, one of its reading clerks, an-nounced that the House has passed thefollowing bills, in which it requests theconcurrence of the Senate.

H.R. 169. An act to amend the Packers andStockyards Act, 1921, to expand the pilot in-vestigation for the collection of informationregarding prices paid for the procurement ofcattle and sheep for slaughter and of musclecuts of beef and lamb to include swine andmuscle cuts of swine.

H.R. 433. An act to restore the manage-ment and personnel authority of the Mayorof the District of Columbia.

H.R. 435. An act to make miscellaneousand technical changes to various trade law,and for other purposes

H.R. 439. An act to amend chapter 35 oftitle 44, United States Code, popularlyknown as the Paperwork Reduction Act, tominimize the burden of Federal paperworkdemands upon small business, educationaland nonprofit institutions, Federal contrac-tors, State and local governments, and otherpersons through the sponsorship and use ofalternative information technologies.

H.R. 440. An act to make technical correc-tions to the Microloan Program.

The message also announced that theHouse has agreed to the following con-current resolution, without amend-ment:

S. Con. Res. 6. Concurrent resolution au-thorizing flags located in the Capitol com-plex to be flown at half-staff in memory of R.Scott Bates, Legislative Clerk of the UnitedStates Senate.

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EXECUTIVE REPORTS OFCOMMITTEE

The following executive reports ofcommittees were submitted:

By Mr. MCCAIN, from the Committee onCommerce, Science, and Transportation:

William Clyburn, Jr., of South Carolina, tobe a Member of the Surface TransportationBoard for a term expiring December 31, 2000.

Wayne O. Burkes, of Mississippi, to be aMember of the Surface Transportation Boardfor a term expiring December 31, 2002.

(The above nominations were re-ported with the recommendation thatthey be confirmed, subject to the nomi-nees’ commitment to respond to re-quests to appear and testify before anyduly constituted committee of the Sen-ate.)

Mr. MCCAIN. Madam President, forthe Committee on Commerce, Science,and Transportation, I also report favor-ably three nomination lists in theCoast Guard which were printed in fullin the RECORD of February 3, 1999, andask unanimous consent, to save the ex-pense of reprinting on the ExecutiveCalendar, that these nominations lie atthe Secretary’s desk for the informa-tion of Senators.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.

(The nominations ordered to lie onthe Secretary’s desk were printed inthe RECORD of February 3, 1999, at theend of the Senate proceedings.)

In the Coast Guard nomination ofGeorge W. Molessa, Jr., which was re-ceived by the Senate and appeared inthe RECORD of February 3, 1999

In the Coast Guard nominations be-ginning James W. Kelly, and endingJohn J. Santucci, which nominationswere received by the Senate and ap-peared in the RECORD of February 3,1999

In the Coast Guard nominations be-ginning James E. Malene, and endingSteve M. Wischmann, which nomina-tions were received by the Senate andappeared in the RECORD of February 3,1999f

INTRODUCTION OF BILLS ANDJOINT RESOLUTIONS

The following bills and joint resolu-tions were introduced, read the firstand second time by unanimous con-sent, and referred as indicated:

By Mr. BROWNBACK (for himself, Mr.GRAMS, Mr. SMITH of New Hampshire,Mr. ASHCROFT, Mr. INHOFE, Mr. KYL,Mr. ALLARD, Mr. HELMS, Mr. SES-SIONS, Mr. ABRAHAM, Mr. NICKLES,Mr. SANTORUM, and Mr. HAGEL):

S. 410. A bill to provide for offsetting taxcuts whenever there is an elimination of adiscretionary spending program; to the Com-mittee on the Budget and the Committee onGovernmental Affairs, jointly, pursuant tothe order of August 4, 1977, with instructionsthat if one Committee reports, the otherCommittee have thirty days to report or bedischarged.

By Mr. DEWINE:S. 411. A bill to provide for a process to au-

thorize the use of clone pagers, and for otherpurposes; to the Committee on the Judici-ary.

S. 412. A bill to reform criminal procedure,and for other purposes; to the Committee onthe Judiciary.

S. 413. A bill to amend title 18, UnitedStates Code, to insert a general provision forcriminal attempt; to the Committee on theJudiciary.

By Mr. GRASSLEY (for himself, Mr.JEFFORDS, Mr. CONRAD, Mr. LEAHY,Mr. MURKOWSKI, Mr. SMITH of Oregon,Mr. WELLSTONE, Mr. CHAFEE, Mr.BREAUX, Mr. GRAHAM, Mr. MACK, Mr.DASCHLE, Mr. DORGAN, and Mr.BURNS):

S. 414. A bill to amend the Internal Reve-nue Code of 1986 to provide a 5- year exten-sion of the credit for producing electricityfrom wind, and for other purposes; to theCommittee on Finance.

By Mr. KYL (for himself and Mr.MCCAIN):

S. 415. A bill to protect the permanenttrust funds of the State of Arizona from ero-sion due to inflation and modify the basis onwhich distributions are made from thosefunds; to the Committee on Energy and Nat-ural Resources.

By Mr. SMITH of Oregon (for himselfand Mr. WYDEN):

S. 416. A bill to direct the Secretary of Ag-riculture to convey the city of Sisters, Or-egon, a certain parcel of land for use in con-nection with a sewage treatment facility; tothe Committee on Energy and Natural Re-sources.

By Mr. MOYNIHAN:S. 417. A bill to amend title 28 of the

United States Code to bar any civil trial in-volving the President until after the Presi-dent vacates office, but to allow for sealed

CONGRESSIONAL RECORD — SENATE S1439February 11, 1999discovery during the time the President is inoffice; to the Committee on the Judiciary.

By Ms. SNOWE (for herself and Ms.COLLINS):

S. 418. A bill for the relief of Nancy B. Wil-son; to the Committee on Finance.

By Ms. SNOWE:S. 419. A bill to amend title 18, United

States Code, to prohibit taking a child hos-tage in order to evade arrest; to the Commit-tee on the Judiciary.

S. 420. A bill to provide a mandatory mini-mum sentence for State crimes involving theuse of a firearm, impose work requirementsfor prisoners, and prohibit the provision ofluxury items to prisoners; to the Committeeon the Judiciary.

By Mr. KYL (by request):S. 421. A bill to approve a mutual settle-

ment of the Water Rights of the Gila RiverIndian Community and the United States, onbehalf of the Community and the Allottees,and Phelps Dodge Corporation, and for otherpurposes; to the Committee on Indian Af-fairs.

By Mr. MURKOWSKI:S. 422. A bill to provide for Alaska state ju-

risdiction over small hydroelectric projects;to the Committee on Energy and Natural Re-sources.

By Mr. MCCAIN:S. 423. A bill to prohibit certain Federal

payments for certain methadone mainte-nance programs, and for other purposes; tothe Committee on Finance.

By Mr. COVERDELL (for himself, Mr.THURMOND, Mr. SMITH of New Hamp-shire, Mr. GRASSLEY, and Mr. HELMS):

S. 424. A bill to preserve and protect thefree choice of individuals and employees toform, join, or assist labor organizations, orto refrain from such activities; to the Com-mittee on Health, Education, Labor, andPensions.

By Mr. ASHCROFT (for himself, Mr.BROWNBACK, Mr. BAUCUS, and Mr.KERREY):

S. 425. A bill to require the approval ofCongress for the imposition of any new uni-lateral agricultural sanction, or any newunilateral sanction with respect to medicine,medical supplies, or medical equipment,against a foreign country; to the Committeeon Foreign Relations.

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SUBMISSION OF CONCURRENT ANDSENATE RESOLUTIONS

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

By Mr. TORRICELLI (for himself, Mr.BAUCUS, Mr. LUGAR, Mr. DURBIN, andMr. REID):

S. Res. 34. A resolution designating theweek beginning April 30, 1999, as ‘‘NationalYouth Fitness Week’’; to the Committee onthe Judiciary.

By Ms. SNOWE:S. Res. 35. A resolution relating to the

treatment of veterans with Alzheimer’s dis-ease; to the Committee on Veterans’ Affairs.

By Mr. LOTT (for himself, Mr.DASCHLE, Mr. MCCONNELL, and Mr.DODD):

S. Res. 36. A resolution authorizing thetaking of photographs in the Chamber of theUnited States Senate; considered and agreedto.

By Ms. SNOWE (for herself and Ms. MI-KULSKI):

S. Con. Res. 9. A concurrent resolutioncalling for a United States effort to end re-strictions on the freedoms and human rightsof the enclaved people in the occupied areaof Cyprus; to the Committee on Foreign Re-lations.

STATEMENTS ON INTRODUCEDBILLS AND JOINT RESOULTIONS

By Mr. BROWNBACK (for him-self, Mr. GRAMS, Mr. SMITH ofNew Hampshire, Mr. ASHCROFT,Mr. INHOFE, Mr. KYL, Mr. AL-LARD, Mr. HELMS, Mr. SESSIONS,Mr. ABRAHAM, Mr. NICKLES, Mr.SANTORUM, and Mr. HAGEL):

S. 410. A bill to provide for offsettingtax cuts whenever there is an elimi-nation of a discretionary spending pro-gram; to the Committee on the Budgetand the Committee on GovernmentalAffairs, jointly, pursuant to order ofAugust 4, 1977, with instructions that ifone Committee reports, the other Com-mittee have thirty days to report or bedischarged.

PAYGO REFORM

∑ Mr. BROWNBACK. Mr. President,today I am introducing a bill, cospon-sored by several of my colleagues thatwould reform the current pay-as-you-go financing mechanism of our federalgovernment.

As a critical step to help reform thefederal government, I believe that weneed to change Congressional BudgetRules that make it illegal to use cutsin inefficient government spending topay for tax cuts. Over the past century,our budget rules have been written in away that favors spending over savings.We must fundamentally reform Pay-as-you-go (PAYGO) financing this yearbeyond the current law understandingwhich effectively turns PAYGO off dur-ing periods of an on-budget surplus.

Currently, according to PAYGO, Con-gress cannot make cuts in wasteful,even harmful government discre-tionary spending programs in order tofinance tax cuts. For example, we can’tcut the Advanced Technology Programin the Department of Commerce to payfor a capital gains tax cut. Rather,Congress has to make cuts in popularmandatory spending programs like So-cial Security and Medicare in order topay for its tax cuts. I believe it iswrong to pit Social Security and Medi-care against tax cuts. We need to flipthe table on this false trade off by pit-ting tax cuts against wasteful big gov-ernment spending.

Such a change would amount to aparadigm shift in how governmentfunctions and would help limit the sizeof government while at the same timeproviding additional resources formeaningful tax relief. The machineryof government is constructed to spend.We need reengineering of governmentso that the machinery produces sav-ings.

My bill would change budget law inorder to allow for tax cuts to be imple-mented in the amount of programeliminations. In practice, if we are ableto eliminate a program during consid-eration of an appropriations measure,that money would be credited to thePAYGO scorecard and reserved for taxcuts.

Therefore, should my bill be enacted,we could eliminate programs like the

Advance Technology Program, the Na-tional Endowment for the Arts, the De-partment of Commerce, and a wholehost of other government programswhile at the same time giving the tax-payers the tax relief they deserve—andwe can do it without making draconiancuts to mandatory spending programsthat ultimately do little to save theprograms and much to simply prolongthe crisis.

Mr. President, I look forward to thecoming debate on budget process re-forms. I look forward to the bill that isbeing considered jointly by the Govern-mental Affairs and Budget Commit-tees, and I look forward to workingwith the chairmen of each in order toaccomplish the type of budget reformthat we truly need.∑

By Mr. GRASSLEY (for himself,Mr. JEFFORDS, Mr. CONRAD, Mr.LEAHY, Mr. MURKOWSKI, Mr.SMITH of Oregon, Mr.WELLSTONE, Mr. CHAFEE, Mr.BREAUX, Mr. GRAHAM, Mr.MACK, Mr. DASCHLE, Mr. DOR-GAN, and Mr. BURNS).

S. 414. A bill to amend the InternalRevenue Code of 1986 to provide a 5-year extension of the credit for produc-ing electricity from wind, and for otherpurposes; to the Committee on Fi-nance.

WIND ENERGY TAX CREDIT

∑ Mr. GRASSLEY. Mr. President, I risetoday to introduce important tax legis-lation for myself and Senators JEF-FORDS, CONRAD, MURKOWSKI, LEAHY,WELLSTONE, CHAFEE, SMITH of Oregon,BREAUX, GRAHAM, MACK, DASCHLE, andDORGAN.

Our legislation extends the produc-tion tax credit for energy generated bywind. This proposed bill resembles bi-partisan legislation introduced in No-vember of 1998 that, unfortunately, wasnot enacted.

As original author of the Wind En-ergy Incentives Act of 1993, I stronglybelieve that the expansion and develop-ment of wind energy must be facili-tated by this production tax credit.

The Senate has previously supportedwind energy production tax credit leg-islation. I would therefore like to re-quest that Senators again consider thisvaluable initiative that would help se-cure this untapped potential for cleanpower.

Wind, unlike most energy sources, isan efficient and environmentally safeform of energy use. Wind is renewableand does not obligate the United Statesto rely on unstable foreign states forsources of energy.

This legislation extends the produc-tion tax credit through the month ofJune, 2004. We all know the damagingeffects fossil fuels have on our environ-ment. Wind energy, by contrast, isclean, safe, and abundant within theUnited States.

Every 10,000 megawatts of wind en-ergy can reduce carbon monoxide emis-sions by 33 million metric tons. Today,the United States produces only 1,700

CONGRESSIONAL RECORD — SENATES1440 February 11, 1999megawatts of wind energy. However,experts estimate that American windcapacity can produce up to 30,000megawatts by the year 2010—that isenough energy to meet the demands ofover 10 million homes, while reducingpollution in every state.

The production tax credit hasbrought wind power generation costsalmost down to the same as coal andgas energy levels. In order to continuethis investment in America’s energyfuture, we must extend the productiontax credit.

Currently, my own state of Iowa has5 new wind power projects ready to goonline just this year. These 5 projects,with the megawatt capacity of over240, join the already existing 6 facili-ties in Iowa. Even large petroleum pro-ducing states like Texas, ranked 2nd inthe nation in wind energy potential,recognize the growing significance ofwind power.

Renewing the wind tax credit wouldallow for greater expansion into thewind energy field. These projects takea long time to develop and assured taxbreaks would help facilitate more windpower construction contracts. With-hold the tax credit and investment willsurely decline for new wind projects.This is because it takes as much as 3years to obtain financing and permit-ting to build a new facility.

Wind is a domestic natural resource,found abundant in almost every state.Wind is homegrown energy, that can-not be controlled by any foreign stateor power. American lives need not beput at risk to protect overseas sourcesof wind energy.

Wind energy can be harnessed with-out the detrimental effects of fossilfuel pollution. Wind is a stable and re-liable form of power that is renewableand inextinguishable. This legislationensures that wind energy does not fallby the wayside as a productive alter-native energy source. The Senate needsto extend this important legislationand I encourage all my colleagues tojoin us in this effort.

Mr. President, I ask that the bill beprinted in the RECORD.

The bill follows:S. 414

Be it enacted by the Senate and House of Rep-resentatives of the United States of America inCongress assembled,SECTION 1. 5-YEAR EXTENSION OF CREDIT FOR

PRODUCING ELECTRICITY FROMWIND.

(a) IN GENERAL.—Paragraph (3) of section45(c) of the Internal Revenue Code of 1986(defining qualified facility) is amended toread as follows:

‘‘(3) QUALIFIED FACILITY.—The term ‘quali-fied facility’ means any facility owned bythe taxpayer which is originally placed inservice—

‘‘(A) in the case of a facility using wind toproduce electricity, after December 31, 1993,and before July 1, 2004, and

‘‘(B) in the case of a facility using closed-loop biomass to produce electricity, afterDecember 31, 1992, and before July 1, 1999.’’.

(b) CREDIT NOT TO APPLY TO ELECTRICITYSOLD TO UTILITIES UNDER CERTAIN CON-TRACTS.—Subsection (b) of section 45 of such

Code is amended by adding at the end thefollowing new paragraph:

‘‘(4) CREDIT NOT TO APPLY TO ELECTRICITYSOLD TO UTILITIES UNDER CERTAIN CON-TRACTS.—

‘‘(A) IN GENERAL.—The credit determinedunder subsection (a) shall not apply toelectricity—

‘‘(i) produced at a qualified facility placedin service by the taxpayer after June 30, 1999,and

‘‘(ii) sold to a utility pursuant to a con-tract originally entered into before January1, 1987 (whether or not amended or restatedafter that date).

‘‘(B) EXCEPTION.—Subparagraph (A) shallnot apply if—

‘‘(i) the prices for energy and capacityfrom such facility are established pursuantto an amendment to the contract referred toin subparagraph (A)(ii);

‘‘(ii) such amendment provides that theprices set forth in the contract which exceedavoided cost prices determined at the time ofdelviery shall apply only to annual quan-tities of electricity (prorated for partialyears) which do not exceed the greater of—

‘‘(I) the average annual quantity of elec-tricity sold to the utility under the contractduring calendar years 1994, 1995, 1996, 1997,and 1998, or

‘‘(II) the estimate of the annual electricityproduction set forth in the contract, or, ifthere is no such estimate, the greatest an-nual quantity of electricity sold to the util-ity under the contract in any of the calendaryears 1996, 1997, or 1998; and

‘‘(iii) such amendment provides that en-ergy and capacity in excess of the limitationin clause (ii) may be—

‘‘(I) sold to the utility only at prices thatdo not exceed avoided cost prices determinedat the time of delivery, or

‘‘(II) sold to a third party subject to a mu-tually agreed upon advance notice to theutility.For purposes of this subparagraph, avoidedcost prices shall be determined as providedfor in 18 CFR 292.304(d)(1) or any successorregulation.’’.∑

∑ Mr. BURNS. Mr. President, I standtoday with my colleague from Iowa,Senator GRASSLEY and others, as anoriginal co-sponsor of a bill, S. 414,that would provide alternative energytax credits that will help our nationbecome a leader in environmentallysound energy usages.

As a nation, we consume more energyper capita than any other country inthe world. However, because of avail-able technology and efficient use of ourresources, we are also a leader in theuse of environmentally-friendly prac-tices.

Last year, President Clinton andVice-President GORE expressed theirinterest in ratification of the KyotoTreaty. I am concerned about the im-plications of applying the Kyoto Trea-ty to the U.S. economy.

The treaty, negotiated by 160 coun-tries in December 1997, would requirethe United States to reduce its energy-related emissions 30–40 percent belowlevels otherwise projected for the years2008–2012.

To enter into force, at least 55 na-tions representing 55 percent of the in-dustrial world’s 1990 emissions mustratify the agreement. The U.S. plays apivotal role. If the U.S. does not ratify,neither Japan nor the European Unionwill do so.

In July 1997, the Senate passed, 95–0,a resolution opposing any agreementthat exempts developing countriesfrom emission limits. The Treaty doesso exempt such countries. Key develop-ing countries such as China, India,Brazil, Mexico and South Korea haverefused to limit their emissions. Thesecountries create a proportionatelylarger share of emissions than devel-oped countries.

Therefore it would be unfair for theCongress to subject the Treaty on theAmerican taxpayer. I am further con-cerned that the Clinton Administrationled by Vice-President GORE signed theKyoto Protocol announcing plans tolaunch new Kyoto-friendly federal en-ergy procurement and transportationinitiatives.

If implemented, Kyoto could: In-crease gasoline prices up to 53% (up to$1.91/gallon); Increase electricity pricesup to 86%; Eliminate up to 16 millionU.S. jobs over the next six years.

The Department of Energy’s EnergyInformation Administration concludesthat natural gas market share will in-crease from 14% to 33% by 2020 and coalmarket share will decrease dramati-cally.

Mr. President, I am very committedto reducing global emissions but I amalso convinced that such actions mustnot be at the expense of U.S. energyconsumers. We have not given properattention to a largely untapped and un-limited resource—that resource beingwind generated power and other alter-native energy sources.

If you drive through our State, youwill feel the power of our unharnessedwind. Our Northerly wind can at timespresent a danger along the RockyMountain front, and certainly makesit’s presence felt just about any time ofthe year.

The vast majority of wind develop-ment has been in California. However,many states have a much greater windpotential than California. Montana hasan annual wind energy potential of1,020 billion kilo Watt hours and littlehas been done to harness that energy.Such potential deserves explorationand that exploration needs to be fos-tered.

Congress is also responsible to helpfoster such growths in other alter-native energy sources. Last year, I wasvery active in efforts to provide for anextension of the ‘‘placed-in-service’’date of the Section 29 tax credit. Al-though this tax credit does not expireuntil 2008, it is important for Congressto allow new entrants to develop theirtechnologies and build their facilities.

I look forward to pursuing this issueagain this year. It will be a great addi-tion to current legislation supportingenergy tax credits for oil and gas devel-opment. I would like to request the at-tached colloquy from last year regard-ing Section 29 tax credits between meand twelve of my colleagues be enteredinto the RECORD.

The colloquy follows:Mr. BURNS. Mr. President, I would like to

clarify the intent of Congress regarding tax

CONGRESSIONAL RECORD — SENATE S1441February 11, 1999incentives for alternative fuels. These incen-tives are important tools for our nation’slong-term energy policy.

Starting with the energy crisis in the 1970s,Congress has acted on numerous occasions toprovide tax credits intended to develop alter-native fuels. Prior Congresses took thesesteps in recognition of the need to encouragethe development and use of alternative fuelswhich promise that we as a nation will neverbe dependent on others for our energy re-sources. For example, Section 29, which ex-pired earlier this year, and Section 45, whichis due to expire next June, were both in-tended to encourage the development of non-conventional fuels.

Today, our nation not only needs to con-tinue its efforts to develop alternative fuelresources, but given our ever growing energyrequirements, we must consider the environ-mental impact that conventional and non-conventional fuels have on our environment,particularly in light of the Clean Air Act.

In order to maximize the most efficient useof our nation’s resources, Congress needs tocommit to the development of clean alter-native fuels. We need also to use our nation’stechnologies to develop environmentallyclean alternative liquid fuels from coal.

In Montana, we have vast coal reserves.There are technologies that can upgrade thecoal from these reserves and reduce currentdifficulties associated with the developmentof these fields. However, these technologiesare not likely to be developed, and thereforethese vast natural resources are not likely tobe used, unless Congress provides incentivesto develop clean alternative fuels.

I am concerned that we have not been ableto fully discuss the merits of such incentivesin our budget debate this past month. Forexample, an extension of Section 29 was in-cluded in the Senate version of the tax ex-tenders, but that provision was not includedin the final package.

I would urge my colleagues to bring thisdebate to the floor in the 106th Congress toensure that the issue of encouraging the de-velopment of clean alternative fuels is a pri-ority in our nation’s energy policy.

Mr. LOTT. I agree with my colleague fromMontana. As our nation continues to seekways to improve environmental quality andto reduce the need for imported energy, sev-eral new technologies run the risk of notbeing developed if Congress does not act toprovide incentives to develop clean alter-native fuels.

These technologies provide two significantbenefits to our nation. First, the use of alter-native fuels reduces our reliance on foreignenergy sources. Second, the technologiesprovide cleaner results for our environment.

For these reasons, I want to assure my col-league from Montana that I will make a pri-ority of addressing the need for tax incen-tives to produce clean alternative fuels.

Mr. GRASSLEY. I agree with my col-leagues from Montana and Mississippi aboutthis very important issue. The developmentand use of alternative fuels are important tothis nation, and we must encourage their useand development.

Wind energy has long been recognized asan abundant potential source of electricpower. A detailed analysis by the Depart-ment of Energy’s Pacific Northwest Labora-tory in 1991 estimated the energy potentialof the U.S. wind resource at 10.8 trillion kilo-watt hours annually, or more than threetimes total current U.S. electricity con-sumption. Wind energy is a clean resourcethat produces electricity with virtually nocarbon dioxide emissions. There is nothinglimited or controversial about this source ofenergy. Americans need only to make thenecessary investments in order to capture itfor power.

The Production Tax Credit, section 45 ofthe Internal Revenue Code was enacted aspart of the Energy Policy Act of 1992. Thistax credit is a sound low-cost investment inan emerging sector of the energy industry. Iintroduced the first bill that contained thistax credit, so you can be sure that I am sin-cere in my belief in the need to develop thisresource. This tax credit currently providesa 1.5 cent per kilowatt hour credit for energyproduced from a new facility brought on-lineafter December 31, 1993 and before July 1,1999 for the first ten years of the facility’sexistence. Last Fall, I introduced a bill toextend this tax credit for five years. My leg-islation, S. 1459, currently has 22 cosponsors,including half of the Finance Committee.The House companion legislation, introducedby Congressman Thomas, currently has 90cosponsors, including over half of the Waysand Means Committee. These numbers are astrong testament to the importance of thesection 45, and renewable fuels in general.

In addition, I plan to work to expand thistax credit to allow use of the closed-loop bio-mass portion of this tax credit. Switchgrassfrom my state and other Midwestern states,eucalyptus from the South, and other bio-mass, can be grown for the exclusive purposeof producting energy. This is a productiveuse of our land, and will be an importantstep in our use and development of alter-native and renewable fuels.

I was very pleased to see that Congress ex-pressed its understanding of the importanceof alternative and renewable fuels by extend-ing the ethanol tax credit in this year’s T–2legislation. These tax credits are a success-ful way of promoting alternative sources ofenergy. These tax credits are a cheap invest-ment with high returns for ourselves, ourchildren, our grandchildren and even theirgrandchildren. Congress needs to again passthis important legislation to ensure thatthese energy tax credits are extended intothe century.

Mr. MURKOWSKI. I concur with my col-leagues. Implementation of the 1990 CleanAir Act amendments is creating a real needto develop clean alternative fuels.

For example, of the 64 remaining U.S. cokebatteries, 58 are subject to closure as a resultof the Clean Air Act. The steel industry caneither use limited capital to build new cleancoking facilities or they can choose to im-port coke from China, which uses 50 year oldhighly pollutant technologies. Restoring thesection 29 credit to encourage cleaner cokertechnologies will greatly reduce emissionsand will slow our increasing dependence onforeign coke, at the same time creating jobsin the United States in both the steel andcoal mining industries.

In addition, the United States has rich de-posits of lignite and sub-bituminous coals.There are new technologies that can upgradethese coals to make them burn efficientlyand economically, while at the same timesignificantly reducing air pollution.

This is proven technology, but to make thedevelopment of this technology throughoutthe nation feasible, the Congress needs toprovide tax incentives.

Mr. ENZI. The people of Wyoming have al-ways had very strong ties to our land. Thatis why the words ‘‘Livestock, Oil, Grain andMines’’ appear on our state seal. Those wordsclearly reflect the importance of our naturalresources to the people of my state, and ourcommitment to using our abundant naturalresources wisely and for the benefit of cur-rent and future generations of Wyomingitesand the people of this country.

Congress has determined the need to findnewer and cleaner technologies. Wyoming isblessed with an abundance of clean burningcoal reserves. It would seem to be a perfectmatch. We are eager to provide what is need-

ed for our country’s present and future fuelneeds. But those reserves aren’t likely to bedeveloped unless we provide the incentivesnecessary to make it possible for the coal tobe harvested in a safe and environmentallyfriendly manner.

Mr. ABRAHAM. I concur with my col-leagues. The development and production ofalternative fuels provides a real opportunityfor the country to improve the environmentwhile ensuring a constant, reasonably pricedfuel supply. But recent efforts to providesuch assurances have been hampered. For ex-ample, in the Small Business Job ProtectionAct of 1996, Congress extended the placed-in-service date for facilities producing syn-thetic fuels from coal, and gas from biomassfor eighteen months.

However, progress in bringing certain fa-cilities up to full production has been ham-pered by the Administration’s 1997 proposalto shorten the placed-in-service date and be-cause, in many cases, the technology used toproduce the fuels is new. Such delays havecreated uncertainty regarding the facilitieseligibility under the placed-in-service re-quirement of section 29.

While it is important that the Congressconsider again this issue in the 106th Con-gress, I would also urge the Secretary to con-sider the facilities I mentioned qualifiedunder Section 29 if they met the Service’scriteria for placed-in-service by June 30, 1998whether or not such facilities were consist-ently producing commercial quantities ofmarketable products on a daily basis.

Mr. CONRAD. I agree with my colleagues.Through the section 29 tax credit for non-conventional fuels, Congress has supportedthe development of environmentally friendlyfuels from domestic biomass and coal re-sources. There are lignite resources in mystate that could compete in the energy mar-ketplace if we can find a reasonable incen-tive for the investment in the necessarytechnology. As soon as possible in the 106thCongress, I hope we will give this crucialsubject the attention it deserves.

Mr. HATCH. I concur with my colleagues.This is a very important tax credit for alter-native fuels. It is an issue of fairness, notone of corporate welfare.

Earlier this year I, along with 18 of my col-leagues, introduced a bill that would extendfor eight months the placed-in-service datefor coal and biomass facilities. The need stillexists to extend this date and I am very dis-appointed that this was not included.

Mr. BAUCUS. Mr. President, I want to joinmy colleagues in supporting tax incentivesfor alternative fuels. Our country has as-sumed a leadership role in the reduction ofgreenhouse gases because of the global im-portance of pollution reduction. As my col-leagues have also pointed out, promotion ofalternative fuels is not just an environ-mental issue, but an issue important to ourdomestic economy and independence as well.We cannot afford to slip back toward policieswhich will leave us dependent upon foreignsources of oil for our economic growth.

With the huge reserves of coal and lignitein the United States and around the world,as well as the tremendous potential for useof biomass, wind energy, and other alter-natives, it is particularly important to oureconomy and the world’s environment thatnew, more environmentally friendly fuels arebrought to market here and in developingnations.

But bringing new technologies to marketis financially risky. In particular, finding in-vestors to take a new technology from thelaboratory to the market is difficult becauseso many technical problems need full-scaletesting and operations to resolve. Few inves-tors are prepared to take on the risks associ-ated with bringing a first-of-a-kind, full-

CONGRESSIONAL RECORD — SENATES1442 February 11, 1999sized alternative energy production facilityon-line without some level of security pro-vided by a partnership with the federal gov-ernment.

Tax incentives represent our government’swillingness to work with the private sectoras a partner to bring new, clean energy tech-nologies to the market. These incentivesdemonstrate our country’s commitment tothe future.

Mr. GRAHAM. There are two principal rea-sons I support extension of sections 29 and 45.First, in a period where America is continu-ing to increase its dependence on foreign oil,we need to develop alternative fuel tech-nologies to prepare for the day when foreignsupply of oil is reduced. These tax creditshave spurred the production of fuel fromsources as diverse as biomass, coal, andwind. America will desperately need fuelfrom these domestic sources when foreignproducers reduce imports. Second, the alter-native fuels that earn these tax credits areclean fuels. For example, the capture andreuse of landfill methane prevents the meth-ane from escaping into the atmosphere. Iwill support my colleagues in an effort nextyear to extend these provisions.

Mr. THURMOND. I join my colleagues insupport of extending the tax credit for FuelProduction from Nonconventional Sources.Through this credit, Congress has empha-sized the importance of establishing alter-native energy sources, furthering economicdevelopment, and protecting the environ-ment. The alternative fuels credit strikes aproper balance between each of these objec-tives. I support efforts to bring this issue toa satisfactory conclusion, early in the nextCongress.

Mr. THOMAS. I strongly agree with mycolleagues regarding the importance of theSection 29 tax credit. Wyoming has some ofthe nation’s largest coal reserves and thistax credit gives producers an incentive to de-velop new and innovative technologies forthe use of coal. I am disappointed that an ex-tension of the Section 29 tax credit was notincluded in the Omnibus Appropriationspackage and urge my colleagues to makethis matter a top priority during the 106thCongress.

Mr. ROTH. I understand my colleagues’concerns. For some time now I have beenstudying how to provide targeted incentivesto develop clean alternative fuels. It is es-sential for Congress to develop sound taxpolicy for alternative energy to help protectour environment. Several weeks ago, I intro-duced legislation to provide such incentivesfor facilities that produce energy from poul-try waste. I look forward to working withmy colleagues on these issues early in the106th Congress.∑

By Mr. KYL (for himself and Mr.MCCAIN):

S. 415. A bill to protect the perma-nent trust funds of the State of Arizonafrom erosion due to inflation and mod-ify the basis on which distributions aremade from those funds; to the Commit-tee on Energy and Natural Resources.

ARIZONA STATEHOOD AND ENABLING ACTAMENDMENTS

∑ Mr. KYL. Mr. President, this Sunday,February 14, 1999, marks the eighty-seventh anniversary of the granting ofstatehood to the great state of Arizona.On this historic occasion, I propose toamend, with the attached bill, the actof Congress which in 1910 set in motionArizona’s entry into the Union. Theproposed amendment makes two smallbut important modifications to the Ar-

izona Enabling Act relating to the ad-ministration of state trust funds.These changes have been requested byGovernor Hull, the state legislature,and the citizens of Arizona.

Mr. President, the Arizona EnablingAct required the state to establish apermanent fund collecting the proceedsof the sale of trust land and the land’smineral and other natural products.The principal of the fund is not expend-able for any purpose. Instead, it is in-vested in interest-bearing securities,and the interest is used to support thefinancial needs of the beneficiaries.

Mr. President, Arizona is currentlyprevented from maximizing the bene-fits of the permanent fund. The statecould improve management, and gen-erate more revenues for the bene-ficiaries, by gaining authorization toinvest part of the fund in stocks, andto reinvest some earnings to offset in-flation. This amendment would allowthe state treasurer to preserve the realvalue of the fund by reinvesting anamount equal to the rate of inflation,thereby providing higher payments tobeneficiaries over time. This amend-ment is similar to the change that wasgranted to New Mexico in 1997. It wasapproved by Arizona voters on Novem-ber 3, 1998.

Mr. President, the second modifica-tion to the Arizona Enabling Act con-tained in this bill would allow the stateto expend monies from the Miners’Hospital Endowment Fund to benefitthe Arizona Pioneers’ Home. Currentlaw prohibits the commingling of fundsassociated with state-trust lands. In-sufficient funds exist in the Miners’Hospital Endowment Fund to build andoperate a separate hospital for disabledminers, but disabled miners have beencared for at the Arizona Pioneers’Home since 1929. Miners who meet thestatutory admission requirements forthe Hospital for Disabled Miners willcontinue to be admitted to the ArizonaPioneers’ Home on a priority basis.

Mr. President, I ask that the bill beprinted in the RECORD.

The bill follows:S. 415

Be it enacted by the Senate and House ofRepresentatives of the United States of Americain Congress assembled,SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘ArizonaStatehood and Enabling Act Amendments of1999’’.SEC. 2. PROTECTION OF TRUST FUNDS OF STATE

OF ARIZONA.(a) IN GENERAL.—Section 28 of the Act of

June 20, 1910 (36 Stat. 574, chapter 310) (asamended by section 2 of Public Law 85–180 (71Stat. 457)) is amended in the first paragraphby adding at the end the following: ‘‘Thetrust funds (including all interest, dividends,other income, and appreciation in the mar-ket value of assets of the funds) shall be pru-dently invested on a total rate of returnbasis. Distributions from the trust fundsshall be made as provided in Article 10, Sec-tion 7 of the Constitution of the State of Ari-zona.’’.

(b) CONFORMING AMENDMENTS.—(1) Section 25 of the Act of June 20, 1910 (36

Stat. 573, chapter 310), is amended in the pro-

viso of the second paragraph by striking‘‘the income therefrom only to be used’’ andinserting ‘‘distributions from which shall bemade in accordance with the first paragraphof section 28 and shall be used’’.

(2) Section 27 of the Act of June 20, 1910 (36Stat. 574, chapter 310), is amended by strik-ing ‘‘the interest of which only shall be ex-pended’’ and inserting ‘‘distributions fromwhich shall be made in accordance with thefirst paragraph of section 28 and shall be ex-pended’’.SEC. 3. USE OF MINERS’ HOSPITAL ENDOWMENT

FUND FOR ARIZONA PIONEERS’HOME.

(a) IN GENERAL.—Section 28 of the Act ofJune 20, 1910 (36 Stat. 574, chapter 310) (asamended by section 2 of Public Law 85–180 (71Stat. 457)) is amended in the second para-graph by inserting before the period at theend the following: ‘‘, except that amounts inthe Miners’ Hospital Endowment Fund maybe used for the benefit of the Arizona Pio-neers’ Home’’.

(b) EFFECTIVE DATE.—The amendmentmade by subsection (a) takes effect on June20, 1910.SEC. 4. CONSENT OF CONGRESS TO AMEND-

MENTS TO CONSTITUTION OF STATEOF ARIZONA.

Congress consents to the amendments tothe Constitution of the State of Arizona pro-posed by Senate Concurrent Resolution 1007of the 43rd Legislature of the State of Ari-zona, Second Regular Session, 1998, entitled‘‘Senate Concurrent Resolution requestingthe Secretary of State to return Senate Con-current Resolution 1018, Forty-Third Legis-lature, First Regular Session, to the Legisla-ture and submit the Proposition contained inSections 3, 4, and 5 of this Resolution of theproposed amendments to Article IX, Section7, Article X, Section 7, and Article XI, Sec-tion 8, Constitution of Arizona, to the voters;relating to investment of State monies’’, ap-proved by the voters of the State of Arizonaon November 3, 1998.∑

By Mr. SMITH of Oregon (forhimself and Mr. WYDEN):

S. 416. A bill to direct the Secretaryof Agriculture to convey the city ofSisters, Oregon, a certain parcel ofland for use in connection with a sew-age treatment facility; to the Commit-tee on Energy and Natural Resources.

A SOLUTION FOR SISTERS

∑ Mr. SMITH of Oregon. Mr. President,today I am proud to introduce legisla-tion that will enable the city of Sis-ters, Oregon, to obtain Federal landsfor the purpose of constructing a sew-age treatment facility. The federalgovernment will benefit directly fromthis facility, and we have the oppor-tunity to show that we can be goodneighbors and help solve local prob-lems. This legislation, and the ap-proach I have taken to provide a fund-ing mechanism to benefit natural re-sources in the area, has broad supportin the local community and the sur-rounding region.

The city of Sisters, Oregon, is facingboth environmental and public healthproblems due to the lack of a sewersystem. Currently, all of the homes andbusinesses inside the city limits mustuse septic systems. In the summer, inorder to accommodate tourists whooften recreate in the surrounding fed-eral lands, the city must place approxi-mately sixty portable toilets through-out the town. Deschutes County has

CONGRESSIONAL RECORD — SENATE S1443February 11, 1999had to develop alternatives to estab-lished regulations for septic systems inorder to continue use of some prop-erties.

There are ongoing concerns about apossible outbreak of infectious diseasesfrom failed and leaking septic systems,and of groundwater contamination. Ob-viously, this is a situation that cannotcontinue.

Fortunately, the city has risen to thechallenge. In 1998, the 775 residents ofSisters voted to issue up to seven mil-lion dollars in bonds to construct asewer system and a wastewater treat-ment facility to service their munici-pality. This vote was noteworthy be-cause Sisters is the fourth most eco-nomically depressed city in Oregon.Sixty-one percent of the town’s resi-dents are considered low to moderateincome and the average annual incomeis $17,188.

While the city has put together a fi-nancing package of approximatelytwelve million dollars, this financingpackage does not include funds for landacquisition. Additional funds to ac-quire the land for the treatment facil-ity and for the disposition of the treat-ed wastewater are beyond the resi-dent’s ability to pay, and pose a hugefinancial burden. There is a long-stand-ing recognition in federal law, both inthe Townsite Act and in the Recreationand Public Purposes Act, that in someinstances the transfer of land out offederal ownership to serve communityobjectives outweighs the goals of main-taining such a tract in federal owner-ship.

This is definitely one of those cases.The city of Sisters is literally sur-rounded by land managed by the ForestService. After examining numerousother non-federal sites in or near thecity, it was determined that this parcelis large enough, and has the proper soilconditions for disposing of the treatedwastewater.

I am proud to sponsor legislationthat will not only resolve the city’spublic health threat, but will benefitall the parties involved. My bill callsfor the Forest Service to convey landfor the facilities at no cost to the cityof Sisters. The legislation also stipu-lates that, at the option of the UnitedStates, the land would revert to theForest Service upon termination of thespecified uses.

In return, the Forest Service willbenefit from the treatment facilitiesthemselves, as well as from improvedenvironmental conditions. The ForestService currently maintains elevenseparate septic systems in the city toserve existing administrative build-ings. Since the Forest Service admin-isters seventy-seven acres of land with-in the city limits, the federal govern-ment will benefit from the expected in-crease in land values directly attrib-utable to the sewer system.

In order to capture some of this en-hanced value for the benefit of the en-vironment, the Forest Service will alsobe required to sell no less than sixacres of the unimproved administrativelands within the city limits. The bill

stipulates that the sale be at fair mar-ket value within three years of the en-actment of the Act.

Most of the revenue from this salewill be used for activities which are di-rectly related to improving the long-term conditions in the watershed ofSquaw Creek, a tributary of theDeschutes River. The remainder, not toexceed twenty-five percent, may beused for administrative improvementsby the Sisters Ranger District.

My legislation makes sense. It is awin-win solution that helps both thecommunity of Sisters and the environ-ment. I urge my colleagues to supportits early consideration by the Senate.

Mr. President, I ask that the text ofthe bill be included in the RECORD.

The bill follows:S. 416

Be it enacted by the Senate and House of Rep-resentatives of the United States of America inCongress assembled,SECTION 1. FINDINGS.

Congress finds that—(1) the city of Sisters, Oregon, faces a pub-

lic health threat from a major outbreak ofinfectious diseases due to the lack of a sewersystem;

(2) the lack of a sewer system also threat-ens groundwater and surface water resourcesin the area;

(3) the city is surrounded by Forest Serviceland and has no reasonable access to non-Federal parcels of land large enough, andwith the proper soil conditions, for the devel-opment of a sewage treatment facility;

(4) the Forest Service currently must oper-ate, maintain, and replace 11 separate septicsystems to serve existing Forest Service fa-cilities in the city of Sisters; and

(5) the Forest Service currently admin-isters 77 acres of land within the city limitsthat would increase in value as a result ofconstruction of a sewer system.SEC. 2. CONVEYANCE.

(a) IN GENERAL.—Not later than 1 yearafter the date of enactment of this Act, theSecretary of Agriculture shall convey to thecity of Sisters, Oregon, at no cost to the cityexcept the cost of preparation of any docu-ments required by any environmental law inconnection with the conveyance, the parcelof land described in subsection (b).

(b) LAND DESCRIPTION.—The land describedin this subsection is the parcel of land lo-cated in—

(1) the SE quarter of section 09, township15 south, range 10 west, W.M., Deschutes, Or-egon, and the portion of the SW quarter ofsection 09, township 15 south, range 10 west,W.M., Deschutes, Oregon, that lies east ofThree Creeks Lake Road, but not includingthe westernmost 500 feet of that portion; and

(2) the portion of the SW quarter of section09, township 15 south, range 10 west, W.M.,Deschutes County, Oregon, lying easterly ofThree Creeks Lake Road.

(c) CONDITION.—The conveyance under sub-section (a) shall be made on the conditionthat the city agree to conduct a public proc-ess before the final determination is maderegarding land use for the disposition oftreated effluent.

(d) SPECIAL USE PERMIT.—Not later than120 days after the date of enactment of thisAct, in compliance with applicable environ-mental laws (including regulations), the Sec-retary shall issue a special use permit for theland conveyed under subsection (a) that al-lows the city access to the land for the pur-pose of commencing construction of the sew-age treatment plant.

(e) USE OF LAND.—(1) IN GENERAL.—The land conveyed under

subsection (a) shall be used by the city for a

sewage treatment facility and for the dis-posal of treated effluent.

(2) OPTIONAL REVERTER.—If at any time theland conveyed under subsection (a) ceases tobe used for a purpose described in paragraph(1), at the option of the United States, titleto the land shall revert to the United States.

SEC. 3. SALE OF ADMINISTRATIVE LAND.

(a) IN GENERAL.—Not later than 3 yearsafter the date of enactment of the Act, andnotwithstanding any other provision of law,the Secretary shall sell, at fair marketvalue, not less than a total of 6 acres of un-improved land in the city that is currentlydesignated for administrative use. There areauthorized to be appropriated such sums asare necessary to prepare the sale.

(b) DEPOSIT OF PROCEEDS.—The Secretaryshall deposit the proceeds of a sale undersubsection (a) in the fund established byPublic Law 90–171 (commonly known as the‘‘Sisk Act’’) (16 U.S.C. 484a).

(c) USE OF PROCEEDS.—(1) IN GENERAL.—Funds deposited under

subsection (b) shall be available for expendi-ture, without further Act of appropriation,as follows:

(A) Not more than 25 percent shall beavailable for administrative improvementsat the Sisters Ranger District.

(B) The remainder shall be available forpurposes that are directly related to improv-ing the long-term condition of the watershedof Squaw Creek, a tributary of the DeschutesRiver, Oregon.

(2) METHOD OF EXPENDITURE.—The super-visor of the Deschutes National Forest mayexpend funds deposited under subsection (b)directly or may provide the funds in theform of grants to local watershed councils,including the Working Group (as defined insection 1025(a) of division I of the OmnibusParks and Public Lands Management Act of1996 (110 Stat. 4226)).∑

By Mr. MOYNIHAN:

S. 417. A bill to amend title 28 of theUnited States Code to bar any civiltrial involving the President untilafter the President vacates office, butto allow for sealed discovery during thetime the President is in office; to theCommittee on the Judiciary.

LEGISLATION TO LIMIT FUTURE PRESIDENTS’ EX-POSURE TO CIVIL LAWSUITS WHILE HOLDINGOFFICE

∑ Mr. MOYNIHAN. Mr. President,today I rise to introduce a bill that isaimed at averting much of what hashappened over nearly two months ofthis year and all of the last by amend-ing Title 28 of the United States Code.Modeled on our existing Soldiers andSailors Civil Relief Act of 1940 that for-bids civil lawsuits being filed by oragainst our men and women while theyare in uniform, my bill seeks to protectfuture sitting Presidents from the rav-ages of civil litigation arising fromacts taken or deeds done before theyassumed office.

I do not do this to insulate our cur-rent President but to accept an invita-tion Justice Stevens and his colleaguesextended to us nearly two years ago inthe case of Jones versus Clinton whenthe Supreme Court held that a sittingPresident could be sued civilly for actshe allegedly committed before assum-ing office. In that opinion, Justice Ste-vens wrote that it was up to Congress,

CONGRESSIONAL RECORD — SENATES1444 February 11, 1999not the Supreme Court, to afford a sit-ting President more protection fromcivil lawsuits.

But this bill is not about PresidentClinton. For as Edmund Burke ob-served when analyzing the causes ofthe political discontents of the 1760s inEngland ‘‘this system has not arisensoley from the ambitions of LordButte . . . we should have been triedwith it if the Earl of Butte had neverexisted.’’

As Justice Robert Jackson pointedout over forty years ago, the Presi-dency concentrates this nation’s Exec-utive authority in a single personwhose choice the entire nation has apart, making him the force of publichope and expectations and whose deci-sions so far overshadow any other that‘‘almost alone he fills the public eyeand ear.’’ The Founders fashioned thiskind of Presidency because they want-ed to focus, not spread, executive re-sponsibility in the hands of a single,constitutionally indispensable, individ-ual. They realized that any inter-ference with a President’s ability tocarry out his public responsibilities isconstitutionally equal to interferingwith the ability of the entire Congressor the whole Judiciary to carry outtheir public obligations.

Moreover, the Presidency is the onlyoffice that the Constitution requires tobe always functioning. It knows no re-cesses or terms. Because of this and thesingular import of a President’s duties,the diversion of his energies by litiga-tion raises unique risks to the effectivefunctioning of our government.

As Thomas Jefferson warned in aJune 20, 1807, letter to George Hay inthe midst of Aaron Burr’s trial in Rich-mond, unfettered litigation can pull asitting President from pillar to postand keep him constantly trudging fromnorth to south and east to west, with-drawing him from his constitutionalduties.

On the other hand, I do not believe inthe ancient prerogatives of the mon-archs who asserted ‘‘the King can do nowrong.’’ We rejected this when weformed our republic over 200 years ago.Under my bill, a litigant can still filehis or her claim and exercise his or herdiscovery rights. This will preserve thelitigant’s claims and evidence but stayhis or her ability to conduct a full-blown trial. This can be done after asitting President leaves office. Then,like any other citizen, he will be sub-ject to the full sway of our courts andtheir processes.

I do not want to truncate anyone’slegal rights or privileges, and my billdoes not do so. Rather, it aims to bal-ance these rights with our country’svital need for a focused Chief Executivenot being dragged from pillar to post.∑

By Ms. SNOWE (for herself andMs. COLLINS):

S. 418. A bill for the relief of NancyB. Wilson; to the Committee on Fi-nance.

PRIVATE RELIEF BILL

∑ Ms. COLLINS. Mr. President, I ampleased to join the distinguished seniorSenator from the State of Maine, Sen-ator SNOWE, in introducing private re-lief legislation for Nancy B. Wilson.

By way of background, Al Wilsonworked for Liberty Mutual InsuranceCompany, and he and his wife Edna hadtwo children. In 1945, tragedy stuck thefamily when Edna suffered a severemental breakdown and was perma-nently placed in a mental institution,leaving Al to care for the children.

Five years later, Al met Nancy But-ler, who immediately began caring forAl’s two young children, as well as herson. Nancy took residence with Al andsoon began to raise the children as herown. The eldest child has written thatNancy ‘‘is the person who brought meup in place of my biological mother,who was institutionalized. I think ofNancy as my real mother.’’

Al and Nancy wanted to get married,but Al was prohibited from divorcingEdna by a Massachusetts state law.The law barred a divorce for reasons ofinsanity or institutionalization for in-sanity. The Congressional ResearchService confirmed that a ‘‘divorcecould not have been granted underMassachusetts law during the 1960’sand 1970’s solely because one spousewas insane.’’

On April 12, 1969, Edna Wilson died.Twenty days later, on May 2, 1969,Nancy and Al were married. Al died ofcancer seven months later on Decem-ber 5, 1969. Nancy had lived with Al for19 years.

Upon turning sixty-four years old onMarch 21, 1991, Nancy applied to theSocial Security Administration for sur-vivor insurance benefits from Al’s wageearnings. She was refused benefitsbased upon the limited term of herlegal marriage. According to Social Se-curity regulations, a couple must bemarried for at least nine months for aspouse to collect survivor benefits.

Nancy has exhausted the availablelegal remedies, taking full advantageof the administrative appeals process.Nancy filed a request for reconsider-ation and appeared at a hearing beforean administrative law judge. On Janu-ary 28, 1992, the Social Security Admin-istration issued its final decision deny-ing her claim for benefits.

The private relief bill we are intro-ducing would allow Nancy to receivewidow’s benefits from her husband’searnings. Nancy Wilson was, for allpractical purposes, married to Al Wil-son. She cohabited with him for nine-teen years prior to their marriage. Sheraised his children, allowing him towork and accumulate a Social Securitybenefit. Nancy and Al were legally pre-vented from marrying by Massachu-setts state law, even though his mar-riage with his first wife had essentiallyended.

Mr. President, the unique cir-cumstances of Mrs. Wilson epitomizewhy Congress has the power to enactprivate relief legislation. Her situation

fulfills the intent of the Social Secu-rity Act. Al and Nancy were prohibitedfrom marrying; clearly they wouldhave if the law allowed them to do so.This unique situation is an exceptionthat will not be repeated. Since theirmarriage, a no-fault divorce statutehas been enacted in Massachusetts,which prevents this situation from oc-curring again. Mrs. Wilson’s case is acompelling one which we believe theSenate should alleviate.∑

By Ms. SNOWE:S. 420. A bill to provide a mandatory

minimum sentence for State crimes in-volving the use of a firearm, imposework requirements for prisoners, andprohibit the provision of luxury itemsto prisoners; to the Committee on theJudiciary.LEGISLATION TO ESTABLISH MANDATORY MINI-

MUM SENTENCES FOR STATE CRIMES INVOLV-ING THE USE OF A FIREARM.

∑ Ms. SNOWE. Mr. President, I risetoday to introduce a bill which will es-tablish a mandatory minimum sen-tence for State crimes involving theuse of a firearm. This bill also imposeswork requirements for prisoners andprohibits the government from provid-ing such amenities as televisions,stereos, or other amenities in the cellof any inmate.

As a staunch supporter of the 2ndAmendment, I believe laws are neededto punish criminals, without imposingon a law-abiding person’s right to owna firearm. This legislation would notapply to individuals who use a firearmin self-defense. It applies only to crimi-nals who are convicted of committing acrime of violence which is punishablefor a year in jail. Because it is not ille-gal to defend oneself, individuals whouse firearms in self-defense are notsubject to the provisions of this bill,nor would they be incarcerated for ayear or more for properly defendingthemselves. This bill states clearlythat the sentences apply only after acriminal is convicted of a crime. Assuch, this bill poses absolutely nothreat to individuals who use firearmslegally, including as a means to defendthemselves.

The most important domestic func-tion of the Federal government is theprotection of the personal security ofindividual Americans through the en-actment and enforcement of lawsagainst criminal behavior. Tough Fed-eral laws, such as mandatory minimumprison sentences for violent crimescommitted with a firearm and truth-in-sentencing, would serve as deterrentsto persons who might be disposed tocommit violent crimes.

It is also important to keep in mind,the penalties of this bill apply onlyafter a criminal has been convicted,they are not available to a prosecutoruntil after the state investigation hasbeen completed and the case is closed.Therefore, federal law enforcementagencies are given no role in the state’sinvestigation and no authority in statejurisdictions. This prevents Federal

CONGRESSIONAL RECORD — SENATE S1445February 11, 1999Agencies from imposing itself on thejurisdictions of the states. In addition,my bill clearly states that the bill isnot intended to supplant the efforts ofstates to curtail violent crime and thatthe Attorney General must given ‘‘duedeference’’ to state and local prosecu-tors in their work.

This legislation is also needed to en-sure prisons remain punitive and donot digress further into vacation loca-tions. With passage of this legislation,the Attorney General will implementand enforce regulations mandatingprison work for all able-bodied inmatesin Federal correctional institutions.These regulations will also prohibit theFederal Government from providingtelevisions, radios, stereos, and othersimilar amenities in the cell of any in-mate.

I would encourage my colleagues,who are serious about combatingcrime, to join me as a co-sponsor ofthis important legislation.∑

By Mr. KYL (by request):S. 421. A bill to approve a mutual set-

tlement of the Water Rights of the GilaRiver Indian Community and theUnited States, on behalf of the Commu-nity and the Allottees, and PhelpsDodge Corporation, and for other pur-poses; to the Committee on Indian Af-fairs.THE GILA RIVER INDIAN COMMUNITY—PHELPS

DODGE CORPORATION WATER RIGHTS SETTLE-MENT ACT OF 1999

∑ Mr. KYL. Mr. President, I rise todayto introduce a bill to authorize an In-dian water rights settlement agree-ment that was entered into on May 4,1998 by the Gila River Indian Commu-nity of Arizona and the Phelps DodgeCorporation.

This bill is identical to the legisla-tion I introduced in the last session ofCongress. As I said upon introductionlast year, this particular settlement ispart of a much larger, comprehensivesettlement process that will eventuallysettle all claims of the Gila River In-dian Community. I strongly endorsethe settlement process and want to en-courage all parties to continue theirnegotiations. Although I am introduc-ing this measure today as free-standinglegislation, it is inextricably linked tothe outcome of the rest of the negotia-tions. So while I am encouraged by thesettlement process, I am not yet com-fortable with pieces of it moving inde-pendently.

As I did last session, I put this bill onthe table so that all interested partiesmay have a document around which togather and continue their conversa-tions. While this particular piece of thesettlement may be further along thanothers, I do not want to see piecesmove separately. My preference is thatthe parties arrive at a comprehensivesettlement that fully and finally ad-dresses all aspects of the Gila River In-dian Community’s claim.

Mr. President, I ask that the text ofthe bill be printed in the RECORD.

The bill follows:

S. 421Be it enacted by the Senate and House of Rep-

resentatives of the United States of America inCongress assembled,SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘Gila RiverIndian Community-Phelps Dodge Corpora-tion Water Rights Settlement Act of 1999’’and is herein referred to as ‘‘this Act.’’SEC. 2. PURPOSE.

It is the purpose of this Act—(a) to ratify, approve and confirm the Set-

tlement Agreement among the Gila River In-dian Community, Phelps Dodge Corporation,and the United States of America;

(b) to authorize and direct the Secretary ofthe Interior to execute and perform his du-ties under the Settlement Agreement andthis Act; and

(c) to authorize and direct the Secretary toperform certain actions which will assist inachieving a settlement of the water rightsclaims of certain Indian tribes in the LittleColorado River Basin in Arizona.SEC. 3. DEFINITIONS.

As used in this Act, the following termshave the following meaning—

(a) ‘‘Allottees’’ shall mean the owners ofbeneficial interests in allotted land withinthe Gila River Indian Reservation.

(b) ‘‘Blue Ridge Reservoir’’ means thatReservoir in Navajo County, Arizona, ownedby Phelps Dodge, as more fully described inthe Settlement Agreement.

(c) ‘‘CAP’’ shall mean the Central ArizonaProject, a reclamation project constructedby the United States pursuant to the Colo-rado River Basin Project Act of September30, 1968, 82 Stat. 885, as amended.

(d) ‘‘CAWCD’’ shall mean the Central Ari-zona Water Conservation District, a politicalsubdivision of the State of Arizona, whichhas executed a contract to repay to theUnited States the reimbursable costs of theCAP.

(e) ‘‘Community’’ shall mean the GilaRiver Indian Community, an Indian commu-nity organized under Section 6 of the IndianReorganization Act of June 18, 1934, 48 Stat.987, duly recognized by the Secretary, and itsmembers.

(f) ‘‘Community’s CAP Contract’’ shallmean that contract between the Gila RiverIndian Community as the United States,dated October 22, 1992, providing for the de-livery to the Gila River Indian Communityof up to 173,100 acre-feet per annum of CAPwater.

(g) ‘‘Globe Equity No. 59’’ shall mean thedecree entered June 29, 1935, in that actionstyled as The United States of America v.Gila Valley Irrigation District, et al., GlobeEquity No. 59 in the District Court of theUnited States in and for the District of Ari-zona, as amended and supplemented.

(h) ‘‘Hopi Tribe’’ shall mean the federallyrecognized Indian tribe of that name.

(i) ‘‘Navajo Nation’’ shall mean the feder-ally recognized Indian tribe of that name.

(j) ‘‘Phelps Dodge’’ shall mean PhelpsDodge Corporation, a New York corporation,its subsidiaries, affiliates, predecessors, suc-cessors and assigns.

(k) ‘‘Pueblo of Zuni’’ shall mean the feder-ally recognized Indian tribe of that name.

(l) ‘‘Reservation’’ shall mean the GilaRiver Indian Reservation, as it existed onthe Initial Effective Date of the SettlementAgreement, as shown on the map attached tothe Settlement Agreement as Exhibit ‘‘B’’thereto.

(m) ‘‘San Juan Southern Paiute Tribe’’shall mean the federally recognized Indiantribe of that name.

(n) ‘‘Secretary’’ shall mean the Secretaryof the Interior or his lawful designee.

(o) ‘‘Settlement Agreement’’ shall meanthat agreement dated as of May 4, 1998,

among Phelps Dodge, the Community andthe United States.

(p) ‘‘SRP’’ shall mean the Salt RiverProject Agricultural Improvement andPower District, a political subdivision of theState of Arizona, and the Salt River ValleyWater Users’ Association, an Arizona cor-poration.

(q) ‘‘United States’’ shall mean the UnitedStates of America, in its capacity as trusteefor the Community and of the Reservation;as trustee for the Allottees and of allottedlands on the Reservation; and, with respectto Section 5.2 of the Settlement Agreement,in all other capacities required in order toexecute the agreements and other instru-ments and to take the actions referred to inSection 5.2 of the Settlement Agreement, in-cluding acting for the part of Defense PlantCorporation.SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT.

The Settlement Agreement is ratified, ap-proved and confirmed. The Secretary shallexecute the Settlement Agreement withinsixty days of the enactment of this Act andshall perform all of the Secretary’s dutiesthereunder as provided herein and in the Set-tlement Agreement.SEC. 5. TRANSFER OF RESERVOIRS.

The Secretary shall take all actions speci-fied in Section 5.0 of the Settlement Agree-ment necessary on the Secretary’s part toobtain title to Blue Ridge Reservoir fromPhelps Dodge. The title to Blue Ridge Res-ervoir, once acquired by the Secretary, shallbe held by the Secretary in trust for the ben-efit of the Navajo Nation. In connection withthe Secretary’s performance of his obliga-tions under Section 5.0 of the SettlementAgreement, the Navajo Nation, the HopiTribe, the San Juan Southern Paiute Tribe,the Pueblo of Zuni, and the United States,on behalf of each of them, are authorized toexecute waivers of claims against PhelpsDodge and agreements not to object to cer-tain uses of water by Phelps Dodge in sub-stantially the form of Exhibits ‘‘E’’ and ‘‘J’’to the Settlement Agreement, which waiversand agreements are hereby ratified, approvedand confirmed. The Navajo Nation, and theUnited States on behalf of the Navajo Na-tion, is further authorized to enter into anagreement with the Arizona Game & FishDepartment confirming a minimum pool ofwater in Blue Ridge Reservoir and for otherpurposes in substantially the form of Exhib-its ‘‘G’’ and ‘‘I’’ to the Settlement Agree-ment, which agreements are hereby ratified,approved and confirmed.SEC. 6. REALLOCATION OF CAP WATER.

Simultaneously with the transfer of BlueRidge Reservoir to the United States as pro-vided for in Section 5 of this Act, the Sec-retary shall: (i) reallocate to the Community12,000 acre-feet of the CAP water available tothe Secretary pursuant to Section 406(b) ofTitle IV of Public Law 101–628, 104 Stat. 4483;(ii) amend the Community’s CAP Contract toinclude the CAP water reallocated to theCommunity pursuant to this Section 6; and,(iii) amend the Community’s CAP Contractto extend the term thereof to 100 years, plussuch additional term as may result from theexercise of the option provided for in, orother extension of, the Lease referred to inSection 7 of this Act.

(a) All water service capital charges andother capital charges of any nature associ-ated with the CAP water reallocated to theCommunity pursuant to this Section 6 shallbe non-reimbursable to the United States bythe Community.

(b) All water service capital charges andother capital charges of any nature associ-ated with 10,000 acre-feet of that CAP watercurrently available to the Community underthe Community’s CAP Contract which shares

CONGRESSIONAL RECORD — SENATES1446 February 11, 1999a priority with 510,000 acre-feet of non-Indianmunicipal and industrial CAP water shall benon-reimbursable to the United States bythe Community.

(c) For purposes of determining the alloca-tion and repayment of costs of the CAP asprovided in Article 9.3 of Contract Number14–0906–09W–09245, Amendment No. 1, betweenthe United States and CAWCD dated Decem-ber 1, 1988, and any amendment or revisionthereof, all of the water service capitalcharges and other capital charges of any na-ture associated with the water described inSubsections 6(a) and 5(b) hereof shall be non-reimbursable and shall be excluded fromCAWCD’s repayment obligation.

(d) The United States shall either:(1) not charge operation, maintenance, and

replacement (OM&R) charges to the Commu-nity on the first 8,000 acre-feet of CAP watermade available to the Community pursuantto this Act, and shall itself pay any suchcharges as are associated with such 8,000acre-feet of CAP water; or

(2) charge the Community only that por-tion of the OM&R charges associated withelectrical energy pumping for the entire12,000 acre-feet of CAP water made availableto the Community pursuant to this Section6, and shall itself pay all other OM&Rcharges associated with such 12,000 acre-feetof CAP water.

(e) In the event the CAP water made avail-able to the Community pursuant to this Actis leased to Phelps Dodge as provided for inSection 7 hereof, the charges by the UnitedStates to Phelps Dodge for such water whendelivered under the Lease shall be as pro-vided in subsections (d)(1) or (d)(2) of thisSection 6.

(f) In the event the exchange provided forin Section 8 of this Act is not approved, theSecretary shall reallocate to Phelps Dodge8,000 acre-feet of the CAP water referred toin subsection 6(b) hereof, shall amend theCommunity’s CAP contract to reflect suchreallocation, and shall enter into a contractwith Phelps Dodge for permanent service forthe delivery of such water to Phelps Dodgethrough the works of the CAP. The CAPwater shall be free of all capital charges asprovided in subsections 6(b) and 6(c) of thisAct. The United States shall charge PhelpsDodge OM&R charges for such water only asprovided in either subsections 6(d)(1) or6(d)(2) hereof and shall itself pay such por-tions of the OM&R charges as are not paid byPhelps Dodge.

(g) the provisions of Section 226 of PublicLaw 97–293, 96 Stat. 1273, 43 U.S.C. § 485h(f)shall not apply to actions taken by the Sec-retary pursuant to Sections 6, 7 or 8 of thisAct.SEC. 7. CAP WATER LEASE.

The Lease referred to in Section 7.0 of theSettlement Agreement and attached theretoas Exhibit ‘‘M’’ is hereby ratified, approvedand confirmed. Notwithstanding the preced-ing sentence, the Lease shall not be effectiveas to the United States, and the Secretaryshall not execute the Lease, until all envi-ronmental compliance associated with theSecretary’s execution of the Lease has beencompleted and the exchange referred to insection 8 of this Act has been approved asprovided in that Section. In the event theLease becomes effective, the Secretary andthe Community may renew or extend theLease at the end of the initial term, or anyextended term of the Lease provided for inthe initial Lease, upon such terms as theCommunity, the Secretary and Phelps Dodgemay agree, provided that any such renewalor extension shall not exceed 100 years interm. Subject to the completion of environ-mental compliance, CAP water made avail-able pursuant to the Lease may be used in

the manner and at the locations provided fortherein, including exchange for use in anycounty in Arizona outside the CAWCD serv-ice area.SEC. 8. EXCHANGE AGREEMENT.

The Secretary and the Community are au-thorized to enter into an exchange agree-ment with Phelps Dodge pursuant to whichthe CAP water leased to Phelps Dodge by theCommunity under the Lease authorizedunder Section 7 hereof is delivered by PhelpsDodge to the Community in return for theright to divert water from the Gila River up-stream of the Reservation. The term of anysuch exchange agreement, if approved as re-quired by this Section 8, shall be for 100years, plus any additional term occasionedby the exercise of the option contained inthe Lease or other extension authorized inthe Lease or this Act. The Secretary shallcommence negotiations with respect to theexchange agreement forthwith upon the en-actment of this Act and shall process all en-vironmental compliance associated with theexchange agreement and the Lease in an ex-peditious manner. The Secretary shall notexecutive the exchange agreement until allsuch environmental compliance has been fi-nally concluded as provided in the Settle-ment Agreement and any necessary order ap-proving the exchange, or any aspect of theexchange, has been obtained from the UnitedStates District Court in Globe Equity No. 59and the order is final and subject to no fur-ther appeal.SEC. 9. APPROVAL OF WAIVERS.

The waivers set forth in Section 9.0 of theSettlement Agreement shall be effective, andshall be binding upon, the Community, andthe United States, on behalf of the Commu-nity and the Allottees, from and after thedate either of the conditions set forth in Sec-tion 4(c) of the Settlement Agreement oc-curs. The United States is authorized and di-rected to execute the Settlement Agreementon behalf of the Allottees in its capacity astrustee for the Allottees and of allottedlands on the Reservation, and the Settle-ment Agreement shall be binding upon theAllottees.SEC. 10. MISCELLANEOUS.

(a) Execution of the Settlement Agreementby the Secretary as required by this Act, andthe Secretary’s performance of the actionsnecessary to acquire title to Blue Ridge Res-ervoir for the benefit of the Navajo Nationpursuant to Section 5.0 of the SettlementAgreement shall not constitute major fed-eral actions under the National Environ-mental Policy Act (42 U.S.C. § 4321 et seq.).The Secretary shall carry out all environ-mental compliance required by Sections 7and 8 of this Act. Nothing in this Act shallbe construed as exempting the United Statesfrom carrying out environmental complianceassociated with the use of water from BlueRidge Reservoir by the United States for thebenefit of the Navajo Nation in the LittleColorado River Basin in Arizona.

(b) The Navajo Nation, and the UnitedStates on behalf of the Navajo Nation, areauthorized to enter into an agreement withthe Town of Payson, Arizona, and the unin-corporated communities of Pine and Straw-berry, Arizona (‘‘the Towns’’) or any one ofthem, to subordinate water rights held inBlue Ridge Reservoir by the United Statesfor the benefit of the Navajo Nation to rightsto the use of not of exceed a cumulativetotal of 3,000 acre-feet per annum of water inBlue Ridge Reservoir acquired by the Townspursuant to the law of the State of Arizona.

(c) The Navajo Nation, and the UnitedStates on behalf of the Navajo Nation, areauthorized to enter into an agreement withPhelps Dodge to subordinate water rightsheld in Blue Ridge Reservoir by the United

States on behalf of the Navajo Nation towater rights acquired by Phelps Dodge inBlue Ridge Reservoir subsequent to the dateof the enactment of this Act pursuant to thelaw of the State of Arizona for use on landowned by Phelps Dodge around Blue RidgeReservoir identified in the SettlementAgreement. The term of any such agreementand the consideration to be paid thereforshall be as agreed to among the Navajo Na-tion and Phelps Dodge.

(d) With regard to the environmental com-pliance required for the actions con-templated in Sections 7 and 8 of this Act, theBureau of Reclamation shall be designatedas the lead agency, and shall coordinate andcooperate with the other affected federalagencies as required under applicable federalenvironmental laws.

(e) The Secretary and the Community areauthorized to execute any amendments ofthe Settlement Agreement and to performany action required by any amendments tothe Settlement Agreement which may bemutually agreed upon by the parties.

(f) Except for the waivers authorized bySection 5 of this Act, nothing in this Act orthe Settlement Agreement shall be con-strued to quantify or otherwise affect thewater rights, claims or entitlement to waterof any Arizona tribe, band or community orof any claimant in the Gila River Adjudica-tion, other than the Community, the UnitedStates on behalf of the Community and theAllottees, and Phelps Dodge.

(g) Any party to the Settlement Agree-ment, and to the Lease and the exchangeagreement referred to in Sections 7 and 8hereof, respectively, if the same are ap-proved, may bring an action or actions ex-clusively in the United States District Courtfor the District of Arizona for the interpreta-tion and enforcement of this Act, the Settle-ment Agreement, the Lease and the ex-change agreement, naming the United Statesand the Community as parties, and in anysuch action or actions, any claim by theUnited States or the Community to sov-ereign immunity from suit is herebywaived.∑

By Mr. MURKOWSKI:S. 422. A bill to provide for Alaska

state jurisdiction over small hydro-electric projects; to the Committee onEnergy and Natural Resources.

ENERGY LEGISLATION

∑ Mr. MURKOWSKI. Mr. President, Iam today introducing legislation toallow the State of Alaska to take re-sponsibility for regulating small (5megawatts or less) hydroelectricprojects located in Alaska. This legis-lation is identical to section 1 of S. 439in the 105th Congress, which was re-ported unanimously by the Committeeon Energy and Natural Resources andwas passed unanimously by the Senate.Unfortunately, because the Senatepassed the legislation late in the ses-sion, the House did not have time toact before Congress adjourned.

Let me describe why this legislationis needed. Simply put, FERC’s licens-ing process is too expensive and toocumbersome for many small hydro-electric projects in Alaska. For a largeproject costing tens or hundreds of mil-lions of dollars the burden of obtaininga FERC license is large, but relativelysmall as compared to the total cost.However, for a small project located ina remote region of Alaska, FERC’s li-censing process is a major problem. All

CONGRESSIONAL RECORD — SENATE S1447February 11, 1999too often, the burden of the licensingprocess alone dooms an otherwise eco-nomically viable and environmentallybeneficial project. And those smallhydro projects it does not doom,FERC’s process increases significantlytheir cost—which is just passed on toconsumers in terms of higher elec-tricity rates.

For other States this may not bevery significant, but it is for Alaska.Alaska already has the most expensiveelectricity in the United States. Alas-ka’s average residential price of elec-tricity is 36 percent higher than theU.S. average, and in some parts ofAlaska the residential price reaches astunning 43 cents per kilowatt hour—5times the U.S. average. Why so expen-sive? Primarily because it is producedby diesel generators, which are bothrelatively inefficient and use expensivefuel. Compared to diesel generators,hydroelectric power is much less ex-pensive.

It is important to note that hydro-electric power is much more environ-mentally benign as compared to diesel-fired generation: Hydroelectric genera-tion produces no air emissions as doesdiesel-fired generation. Thus, anythingwe can do to promote the constructionof hydroelectric projects will also helpthe environment of Alaska.

In this connection, it is also impor-tant to note that this legislation doesnot exempt Alaska’s small hydroprojects from regulation. Instead, it al-lows the State of Alaska to regulate inlieu of FERC. I ask: Who is more inter-ested in the environment of Alaska—Alaskans or a distant FERC? Moreover,the legislation allows Alaska to regu-late only after FERC has determinedthat the State has in place a regu-latory program which ‘‘protects thepublic interest . . . and the environ-ment to the same extent provided by. . . [the FERC].’’ Finally, the legisla-tion specifically requires the full appli-cation of all ‘‘Federal environmental,natural resources, or cultural resourcesprotection laws. . . . ’’ Thus, enactmentof this legislation will fully protect theenvironment and the public interest.

In summary, if enacted this legisla-tion will benefit both Alaska’s environ-ment and its economy.∑

By Mr. MCCAIN:S. 423. A bill to prohibit certain Fed-

eral payments for certain methadonemaintenance programs, and for otherpurposes; to the Committee on finance.

ADDICTION FREE TREATMENT ACT

∑ Mr. MCCAIN. Mr. President, today Iam introducing the Addiction FreeTreatment Act which reforms our na-tion’s drug policy regarding the treat-ment of heroin addiction.

This bill would restrict Medicaid re-imbursements and funding through theSubstance Abuse and Mental HealthServices Administration for methadoneand LAM maintenance programs.Maintenance programs would be lim-ited to six months. The bill requiresthat such programs conduct regular

drug testing, report all results, and ter-minate methadone treatment to anypatient testing positive for any illegaldrugs. The legislation directs the Na-tional Institute of Drug Abuse to studythe methods and effectiveness of non-pharmacological, and methadone-to-abstinence heroin rehabilitation pro-grams, and requires the Center for Sub-stance Abuse Treatment to provide anannual report to Congress on the rel-ative effectiveness of heroin treatmentprograms in achieving freedom fromchemical dependency.

Mr. President, few crises represent amore fundamental threat to the basicinstitutions of our society then sub-stance abuse and addiction, and thereare few drugs that do more harm thanheroin. Heroin use in the United Statescontinues to rise. Drug use amongteenagers is increasing and the numberof teenagers using heroin for the firsttime is higher than at any other pointin our history. Between 1992 and 1996,heroin use among college-age studentsincreased an estimated 10 percent. Cur-rently, there are an estimated 810,000chronic heroin addicts living in theUnited States with over 115,000 heroinaddicts participating in methadoneprograms.

Drug addiction undermines family,work, friendships, and communities.The drug trade, which feeds the addict,undermines the security and stabilityof our neighborhoods through violenceand other crime-related phenomena.

At its core, drug addiction does vio-lence to the basic humanity of the ad-dict, robbing him or her of the mostfundamental element of their exist-ence—their freedom. The addict isenslaved by the need to get a fix; allother needs become secondary to thephysical and psychological drive tofeed the hunger of addiction. This en-slavement goes to the core of the de-bate surrounding the use of methadonemaintenance as a solution to heroinaddiction: What have we done to re-store the human condition if we havenot freed the addict of chemical de-pendency?

Methadone maintenance programssimply transfer addiction from one nar-cotic to another. The methadone pa-tient is every bit as dependent onmethadone as he or she was with her-oin. Patients who attempt to freethemselves from their addiction tomethadone experience withdrawalsymptoms that are as violent, if notmore than, those they would experi-ence coming off of heroin. What ismore, even the promise of freedomfrom illegal drug use is an illusion. Formany methadone patients regularlytest positive for other illegal drugs.And yet, for some 30 years, the onlyhope that U.S. policy has offered to ourcitizens addicted to heroin is an Or-wellian addiction swap.

In the 105th Congress, I, along withSenator COATS and Senator COVER-DELL, introduced a Senate Resolutionaddressing the topic of methadonetreatment. The resolution was a re-

sponse to an emerging Clinton Admin-istration policy designed to dramati-cally increase the federal government’sactivities in the area of methadonetreatment. Barry McCaffrey, the so-called Drug Czar, proposed that ONDCPwould double the number of heroin ad-dicts in methadone treatment. Mr.President, this sounds less like the pol-icy of a Drug Czar, and more like thepolicy of a drug bazaar—a bazaar wherethe federal government trades placeswith the street dealer, swapping heroinfor methadone and feeding the addic-tion with taxpayer dollars.

This is disgusting and it is immoral.It does serious harm to the humanityof those people who have mustered thecourage to walk into a clinic seekinghelp to free themselves from addiction.It is the ultimate in cruel irony thatour government’s first response shouldbe to trade the shackles of heroin forthe shackles of methadone.

The fundamental flaw of methadonetreatment as a national anti-drug pol-icy is that it is not an anti-drug policyat all. As I have said, methadone sim-ply transfers addiction from one drugto another. To say that this is effec-tive, because the symptoms of metha-done addiction are more tolerable tosociety and less dramatic for the ad-dict, is to miss the most fundamentalpoint—that is that addiction enslavesthe individual. That slavery is no lessonerous to the basic humanity, to thedignity of the addict simply becausethe drug has been endorsed by theFDA, prescribed by a physician andpaid for with taxpayer dollars.

After 30 years of methadone, is therenothing better to offer to the heroinaddict? The answer is an emphatic yes.Drug addiction is a complicated condi-tion. It has behavioral, social/environ-mental, and physical characteristics. Ifwe are to free individuals from heroinaddiction, we must adopt policies sup-porting programs that address, in anintensive and comprehensive way, eachof these areas of concern.

Throughout society, in our homes,neighborhoods, communities, and inpublic policy fora, there has been muchdebate surrounding the decay of ourcivil society. A certain consensus hasemerged regarding how best to addressthis crisis. That consensus centersaround the need to rebuild the mediat-ing structures of our society—family,neighborhood, church, and volunteerassociations.

If we are to free the addict from theslavery of drug addiction—be it heroinor methadone—rebuilding or, in manycases, introducing for the first timethese same mediating structures intothe life of the addict must play a cen-tral role.

There are models for success. Justask Rev. Sam McPherson. Rev.McPherson has spent his life tending tothe needs of drug addicts. He now runsa Ready, Willing, and Able rehabilita-tion center on Florida Avenue here inWashington. It is an extraordinary andinspiring place.

CONGRESSIONAL RECORD — SENATES1448 February 11, 1999Founded on a drug-free principle,

Ready, Willing, and Able embraces theaddict, first demanding detoxification,and then dealing in a sustained andcomprehensive way with the bundle ofneeds that contributed to the partici-pant’s drug use and addiction, and thatresult in recidivism if left unresolved.

Dr. Robert Woodson, in his recentbook ‘‘The Triumphs of Joseph’’, de-scribes the many examples of commu-nity-based organizations that have suc-ceeded in healing the scourge of drugaddiction, lifting people up from theslavery of dependency—people likeFreddie and Nina Garcia, who run theVictory Fellowship, based out of SanAntonio.

Some thirty years ago, Freddie Gar-cia and his wife began their operationin a tiny one-bedroom house, at onepoint moving all their furniture undera make-shift awning outside the houseto make room for eleven recovering ad-dicts who slept on their living roomfloor. Today, the Victory Fellowshiphas freed more than 13,000 men andwomen from their addictions and hasspread to 65 satellite centers in Califor-nia, Texas, New Mexico, Peru, PuertoRico, Columbia and Venezuela.

Dr. Woodson pus it this way: ‘‘In con-trast with psychiatric therapy andtreatment that relies on medication,the goal of grassroots programs is notrehabilitation but transformation.Their end is not to modify behavior butto engender a change in the values andvision of the people they work withwhich will, in turn affect behavior . . .they do not simply curb deviant behav-ior but offer something more—a fulfill-ing life that eclipses the power oftemptation.’’

These community-based institutionspossess certain common characteris-tics that can serve as a model for allwho seek to address the challenges ofaddiction:

(1) Their programs are open to allcomers. Often, these programs take theworst cases, the long-term, homelessaddicts that the ‘‘system’’ has aban-doned as hopeless.

(2) They have the same zip code asthe people they serve. They do theirwork in the same neighborhoods, onthe same streets as the addicts theyserve. Reverend McPherson points outone of the pleasant benefits of Ready,Willing and Able: When they come intoa neighborhood, the drug dealers goaway. They leave because there is anunwritten code. If these guys are try-ing to get off of heroin, the dealers gosomewhere else, taking their trade outof sight of the very addicts they haveenslaved.

(3) Their approach is flexible to theneeds of the individual. The many be-havioral, social/environmental, andphysical challenges that contribute todrug addiction are unique to each indi-vidual. These organizations develop in-dividualized programs for each individ-ual.

(4) They contain a central element ofreciprocity. As Dr. Woodson says:

‘‘They do not practice blind charitybut require something in return fromthe individuals they serve.’’

(5) Clear behavioral guidelines anddiscipline are critical.

(6) These healers fulfill the role ofparent, providing authority and struc-ture, but also love and support.

(7) They are committed for the longhaul, not just for the duration of fund-ing.

(8) They are on-call 24 hours a day, 7days a week for as long as the partici-pant needs them.

(9) The healing offers immersion inan environment of care and mutualsupport with a community of individ-uals who are trying to accomplish thesame changes in their lives.

(10) They are united in their cause,providing mutual support in theirstruggles, and celebration in their ac-complishments.

These concepts are not new. Butcombined and sustained, they offerhope and success in freeing the addictfrom a life of chemical dependency.That freedom should be the policy ofthe United States Government, and therelentlessly pursued goal of everyoneconcerned with the scourge of heroinaddiction.∑

By Mr. COVERDELL (for himself,Mr. THURMOND, Mr. SMITH ofNew Hampshire, Mr. GRASSLEY,and Mr. HELMS):

S. 424. A bill to preserve and protectthe free choice of individuals and em-ployees to form, join, or assist labor or-ganizations, or to refrain from such ac-tivities; to the Committee on Health,Education, Labor, and Pensions.

THE NATIONAL RIGHT TO WORK ACT OF 1999

∑ Mr. COVERDELL. Mr. President, Iam pleased to introduce along with mydistinguished colleagues SenatorsTHURMOND, SMITH of New Hampshire,GRASSLEY, and HELMS the NationalRight to Work Act of 1999.

This bill does not add a single wordto Federal law. Rather, it repeals thosesections of the National Labor Rela-tions Act and Railway Labor Act thatauthorize the imposition of forced-duescontracts on working Americans. I be-lieve that every worker must have theright to join or support a labor union.This bill protects that right. But noworker should ever be forced to join aunion.

I am happy to say that my own stateof Georgia is among the 21 states thatis a ‘‘Right to Work’’ state and hasbeen since 1947. According to U.S. Newsand World Report, 7 of the strongest 10state economies in the nation haveRight-to-Work laws. Workers who havethe freedom to choose whether or notto join a union have a higher standardof living than their counterparts in nonRight-to-Work states. According to Dr.James Bennet, a prominent economistat George Mason University’s highlyrespected economic program, urbanfamilies in Right-to-Work states haveapproximately $2,852 more annual pur-chasing power than urban families in

non-Right to Work states; particularlywhen the lower taxes, housing and foodcosts are taken into consideration.

According to a poll by the respectedMarketing Research Institute, 77 per-cent of Americans support Right toWork, and over 50 percent of unionhouseholds believe that workers shouldhave the right to choose whether ornot to join or pay dues to a laborunion. That should be no surprise. Thisis about freedom. The Right to Workexpands every working American’s per-sonal freedom.

Mr. President, I urge my colleaguesto support this legislation. It expandsthe freedom of hard working Ameri-cans and ensures them the choice ofwhether to accept or reject union rep-resentation and union dues without co-ercion, violence or work-place harass-ment.∑

By Mr. ASHCROFT (for himself,Mr. BROWNBACK, Mr. BAUCUS,and Mr. KERREY):

S. 425. A bill to require the approvalof Congress for the imposition of anynew unilateral agricultural sanction,or any new unilateral sanction with re-spect to medicine, medical supplies, ormedical equipment, against a foreigncountry; to the Committee on ForeignRelations.FOOD AND MEDICINE FOR THE WORLD ACT OF 1999

∑ Mr. ASHCROFT. Mr. President,today, I am introducing, with SenatorsBROWNBACK, BAUCUS, and KERREY, theFood and Medicine for the World Act of1999. It’s a bill that will help America’sfarmers, ranchers, and related indus-tries, keep on selling their food andmedicine to the world.

For over 200 years, farmers andranchers have been vital to the growthand economic prosperity of the UnitedStates—always responding to the chal-lenges of our competitive free-marketsystem with efficient production meth-ods. The agricultural industry is one ofthe nation’s largest employers. Mis-souri is the nation’s second leadingstate in its number of farms. Clearly,the agricultural industry is a backboneto Missouri’s economy, accounting formore than $4 billion annually.

The United States has the best farm-ers in the world—first class in theirproduction, storage, transportation,processing, and marketing. We canproduce more food than any othercountry, yet the United States only ac-counts for five percent of the world’sconsuming population. That leaves 95percent of the world’s consumers out-side of our borders. And because of ourfarmers’ efficiency and ability to meetU.S. domestic demand, they rely in-creasingly on their ability to sell prod-ucts in foreign markets.

Exports now account for 30 percent ofgross cash receipts for America’s farm-ers, and nearly 40 percent of all U.S.agricultural production is exported.Therefore, it is imperative that we en-sure that our farmers have ample ex-port opportunities.

Our farmers and ranchers need ourhelp in opening markets abroad and

CONGRESSIONAL RECORD — SENATE S1449February 11, 1999keeping those markets open. Oncefarmers jump through all the hoops offoreign trade barriers and red tape toestablish trusted relationships withforeign buyers, the U.S. governmentshould be extremely cautious aboutsanctioning their sales and forcingthem to lose their markets. Manyfarmers’ livelihood depends on salesoverseas. In 1997, more than one-fourthof Missouri’s farm marketing camefrom sales overseas.

We know that sanctions hurt Ameri-ca’s farmers and ranchers. And weknow that sanctions against agri-culture and medicine are detrimentalto the world’s poor that have to liveunder the rule of tyrants. That is whyI am introducing the Food and Medi-cine for the World Act. This bill triesto ensure that farmers don’t get sanc-tioned for the bad acts of foreign gov-ernments, and the health and welfareof the world’s poor are not damagedfurther by their leader’s indiscretions.

Under the Food and Medicine for theWorld Act, whenever any new unilat-eral sanction is announced by thePresident, the sanctions he imposeswill not affect agriculture or medicineunless he tells Congress why it is nec-essary to sanction these products andunless Congress approves the sanction.If the Food and Medicine for the WorldAct is passed, there will not be anymore sanctions against U.S. agricul-tural exports without agreement be-tween the Administration and Congressand without serious deliberation aboutthe effects on America’s farmers andranchers. Our farms should not besanctioned without the consent of Con-gress.

The Food and Medicine for the WorldAct sends a message to customers over-seas that U.S. farmers and rancherswill be reliable. People around theworld depend on our farm products andon U.S. produced medical supplies.When tyrants challenge U.S. foreignpolicy, we must not respond by cuttingoff the supply of food and medicine totheir poor. The health and welfareneeds of those abroad will be bestserved if we ensure that our farmersand producers are a continuous sourceof food and medical supplies.

The Food and Medicine for the WorldAct also sends a message to U.S. farm-ers and ranchers that their livelihoodwill not be used as a foreign policy toolwithout due deliberation and involve-ment of both the President and Con-gress.

Farmers and ranchers are twice asreliant on foreign trade as the U.S.economy as a whole. It is time for us toenact policy that reflects our supportfor their efforts to reach their competi-tive potential internationally.

Mr. President, I ask that the text ofthe bill be printed in the RECORD.

The bill follows:S. 425

Be it enacted by the Senate and House ofRepresentatives of the United States of Americain Congress assembled,SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Food andMedicine for the World Act of 1999’’.

SEC. 2. REQUIREMENT OF CONGRESSIONAL AP-PROVAL OF ANY NEW UNILATERALAGRICULTURAL SANCTION.

(a) DEFINITIONS.—(1) AGRICULTURAL COMMODITY.—The term

‘‘agricultural commodity’’ has the meaninggiven the term in section 402 of the Agricul-tural Trade Development and Assistance Actof 1954 (7 U.S.C. 1732).

(2) AGRICULTURAL PROGRAM.—The term‘‘agricultural program’’ means—

(A) any program administered through theAgricultural Trade Development and Assist-ance Act of 1954 (Public Law 480; 7 U.S.C. 1701et. seq.);

(B) any program administered through sec-tion 416 of the Agricultural Act of 1949 (7U.S.C. 1431);

(C) any commercial sale of agriculturalcommodities or agricultural products, in-cluding plant nutrient materials; or

(D) any export financing (including creditsor credit guarantees) for agricultural com-modities or agricultural products.

(3) NEW UNILATERAL AGRICULTURAL SANC-TION.—The term ‘‘new unilateral agriculturalsanction’’ means any prohibition, restric-tion, or condition on carrying out an agricul-tural program with respect to a foreigncountry or foreign entity that is imposed bythe United States on or after the date of en-actment of this Act for reasons of foreignpolicy or national security, except in a casein which the United States imposes themeasure pursuant to a multilateral regimeand the other member countries of that re-gime have agreed to impose substantiallyequivalent measures.

(4) NEW UNILATERAL SANCTION WITH RESPECTTO MEDICINE, MEDICAL SUPPLIES, OR MEDICALEQUIPMENT.—The term ‘‘new unilateral sanc-tion with respect to medicine, medical sup-plies, or medical equipment’’ means any pro-hibition, restriction, or condition on tradein, or the provision of assistance consistingof, medicine, medical supplies, or medicalequipment with respect to a foreign countryor foreign entity that is imposed by theUnited States on or after the date of enact-ment of this Act for reasons of foreign policyor national security, except in a case inwhich the United States imposes the meas-ure pursuant to a multilateral regime andthe other member countries of that regimehave agreed to impose substantially equiva-lent measures.

(5) SESSION DAY OF CONGRESS.—The term‘‘session day of Congress’’ means any day onwhich a House of Congress is in session.

(b) RESTRICTION.—Notwithstanding anyother provision of law and subject to sub-section (c), the President may not impose anew unilateral agricultural sanction againsta foreign country, or a new unilateral sanc-tion with respect to medicine, medical sup-plies, or medical equipment against a foreigncountry, unless—

(1) not less than 60 days before the sanctionis proposed to be imposed, the President sub-mits a report to Congress that—

(A) describes the activity proposed to beprohibited, restricted, or conditioned; and

(B) describes the actions by the foreigncountry that justify the sanction; and

(2) Congress enacts a joint resolution stat-ing the approval of Congress for the reportsubmitted under paragraph (1).

(c) EXCEPTION.—Notwithstanding sub-section (b), the President may impose a sanc-tion described in that subsection—

(1) against a foreign country with respectto which—

(A) Congress has enacted a declaration ofwar; or

(B) the President has proclaimed a state ofnational emergency; or

(2) to the extent that the sanction wouldprohibit, restrict, or condition the provision

or use of any commodity, product, medicine,supply, or equipment that is controlled onthe United States Munitions List under sec-tion 38 of the Arms Export Control Act orthe Commerce Control List under the ExportAdministration Act of 1979.

(d) CONGRESSIONAL PRIORITY PROCE-DURES.—

(1) JOINT RESOLUTION DEFINED.—For thepurpose of subsection (b)(2), ‘‘joint resolu-tion’’ means only a joint resolution intro-duced within 10 session days of Congressafter the date on which the report of thePresident under subsection (b)(1) is receivedby Congress, the matter after the resolvingclause of which is as follows: ‘‘That Congressapproves the report of the President pursu-ant to section 2(b)(1) of the Food and Medi-cine for the World Act of 1999, transmittedon lllllll.’’, with the blank completedwith the appropriate date.’’.

(2) REFERRAL OF REPORT.—The report de-scribed in subsection (b)(1) shall be referredto the appropriate committee or committeesof the House of Representatives and to theappropriate committee or committees of theSenate.

(3) REFERRAL OF JOINT RESOLUTION TO COM-MITTEE.—A joint resolution introduced in theHouse of Representatives shall be referred tothe Committee on International Relations ofthe House of Representatives. A joint resolu-tion introduced in the Senate shall be re-ferred to the Committee on Foreign Rela-tions of the Senate. Such a joint resolutionmay not be reported before the eighth ses-sion day of Congress after its introduction.

(4) DISCHARGE FROM COMMITTEE.—If thecommittee of either House to which a jointresolution is referred has not reported thejoint resolution (or an identical joint resolu-tion) at the end of 30 session days of Con-gress after its introduction, the committeeshall be discharged from further consider-ation of the joint resolution and the jointresolution shall be placed on the appropriatecalendar of the House in which it was intro-duced.

(5) FLOOR CONSIDERATION.—(A) MOTION TO PROCEED.—When the com-

mittee to which a joint resolution is referredhas reported, or has been deemed to be dis-charged (under paragraph (4)) from furtherconsideration of, a joint resolution, notwith-standing any rule or precedent of the Senate,including Rule 22, it is at any time there-after in order (even though a previous mo-tion to the same effect has been disagreed to)for any Member of the respective House tomove to proceed to the consideration of thejoint resolution, and all points of orderagainst the joint resolution (and againstconsideration of the joint resolution) arewaived. The motion is highly privileged inthe House of Representatives and is privi-leged in the Senate and is not debatable. Themotion is not subject to amendment, or to amotion to postpone, or to a motion to pro-ceed to the consideration of other business.A motion to reconsider the vote by whichthe motion is agreed to or disagreed to shallnot be in order. If a motion to proceed to theconsideration of the joint resolution isagreed to, the joint resolution shall remainthe unfinished business of the respectiveHouse until disposed of.

(B) DEBATE ON THE JOINT RESOLUTION.—De-bate on the joint resolution, and on all de-batable motions and appeals in connectiontherewith, shall be limited to not more thanten hours, which shall be divided equally be-tween those favoring and those opposing thejoint resolution. A motion further to limitdebate is in order and not debatable. Anamendment to, or a motion to postpone, or amotion to proceed to the consideration ofother business, or a motion to recommit thejoint resolution is not in order. A motion to

CONGRESSIONAL RECORD — SENATES1450 February 11, 1999reconsider the vote by which the joint reso-lution is agreed to or disagreed to is not inorder.

(C) VOTE ON FINAL PASSAGE.—Immediatelyfollowing the conclusion of the debate on ajoint resolution, and a single quorum call atthe conclusion of the debate if requested inaccordance with the rules of the appropriateHouse, the vote on final passage of the jointresolution shall occur.

(D) APPEALS OF RULINGS.—Appeals fromthe decisions of the Chair relating to the ap-plication of the rules of the Senate or theHouse of Representatives, as the case maybe, to the procedure relating to a joint reso-lution described in paragraph (1) shall be de-cided without debate.

(6) TREATMENT OF OTHER HOUSE’S JOINT RES-OLUTION.—If, before the passage by one Houseof Congress of a joint resolution of thatHouse, that House receives from the otherHouse a joint resolution, then the followingprocedures shall apply:

(A) REFERRAL OF JOINT RESOLUTIONS OFSENDING HOUSE.—The joint resolution of thesending House shall not be referred to a com-mittee in the receiving House.

(B) PROCEDURES IN RECEIVING HOUSE.—Withrespect to a joint resolution of the House re-ceiving the joint resolution—

(i) the procedure in that House shall be thesame as if no joint resolution had been re-ceived from the sending House; but

(ii) the vote on final passage shall be onthe joint resolution of the sending House.

(C) DISPOSITION OF JOINT RESOLUTIONS OFRECEIVING HOUSE.—Upon disposition of thejoint resolution received from the otherHouse, it shall no longer be in order to con-sider the joint resolution originated in thereceiving House.

(7) PROCEDURES AFTER ACTION BY BOTH THEHOUSE AND SENATE.—If the House receiving ajoint resolution from the other House afterthe receiving House has disposed of a jointresolution originated in that House, the ac-tion of the receiving House with regard tothe disposition of the joint resolution origi-nated in that House shall be deemed to bethe action of the receiving House with regardto the joint resolution originated in theother House.

(8) STATUS OF PROCEDURES.—This sub-section is enacted by Congress—

(A) as an exercise of the rulemaking powerof the Senate and House of Representatives,respectively, and as such it is deemed a partof the rules of each House, respectively, butapplicable only with respect to the procedureto be followed in that House in the case of ajoint resolution described in paragraph (1),and it supersedes other rules only to the ex-tent that it is inconsistent with such rules;and

(B) with full recognition of the constitu-tional right of either House to change therules (so far as relating to the procedure ofthat House) at any time, in the same mannerand to the same extent as in the case of anyother rule of that House.∑∑ Mr. BAUCUS. Mr. President, I risetoday to join my colleagues in intro-ducing the Food and Medicine for theWorld Act.

For years the United States has en-acted economic sanctions to punishforeign governments, often without re-gard for the effects of those sanctionsback home. Under a bill that I am in-troducing jointly with SenatorsASHCROFT, BROWNBACK and KERREY, wecan make more sense of our confusingsanctions policy. We can put an end tothe practice of making our agriculturalproducers shoulder most of the blamewhen we impose sanctions.

The exchange of goods and ideasworldwide has never been freer; it isnow axiomatic to say that we live in aglobal economy. It follows that as therules governing economics havechanged, so too should those related toeconomic sanctions. Unilateral eco-nomic action is less effective than itused to be, simply because it’s rarelypossible for one country or company tocorner the market on a good or service.

Moreover, we often hurt ourselveswith unilateral actions that dispropor-tionately affect one sector of our econ-omy over another. Our agriculturalproducers, for example, have longborne the brunt of American unilateralaction. It is estimated that 10% of theworld wheat market is put out of reachof U.S. producers by economic sanc-tions.

That’s why I became a member of theSenate Sanctions Task Force last year,and it’s why I am joining my col-leagues in introducing the Food andMedicine for the World Act. Under thislegislation, when any new unilateralsanction is announced by the Presi-dent, the sanctions he imposes will notaffect agriculture or medicine unless:the President submits a report to Con-gress asking that the sanction includeagriculture; and Congress approves ofhis request. The process must be com-plete within 60 days before the sanc-tions against agriculture are supposedto go into effect. This bill would nottake effect in the event that Congresshas declared war or in the case of na-tional emergency.

Mr. President, while I believe sanc-tions can be a legitimate tool of for-eign policy, I don’t think that Amer-ican producers should be punished forthe actions of unscrupulous foreigngovernments. Nor do I think it is fairto put an abrupt end to the supply ofmedicine based on the behavior of adictator. We must send a message tothe world that our producers are reli-able and that those abroad who rely onU.S. products will not be put at risk bya sanction on U.S. food and medicine.

The Food and Medicine for the WorldAct sends that message, and I urge mycolleagues to lend their support to thebill.∑

f

ADDITIONAL COSPONSORS

S. 92

At the request of Mr. DOMENICI, thenames of the Senator from Pennsyl-vania (Mr. SANTORUM) and the Senatorfrom Arkansas (Mr. HUTCHINSON) wereadded as cosponsors of S. 92, a bill toprovide for biennial budget process anda biennial appropriations process andto enhance oversight and the perform-ance of the Federal Government.

S. 148

At the request of Mr. ABRAHAM, thenames of the Senator from Virginia(Mr. WARNER), the Senator from Ohio(Mr. DEWINE), and the Senator fromVermont (Mr. JEFFORDS) were added ascosponsors of S. 148, a bill to require

the Secretary of the Interior to estab-lish a program to provide assistance inthe conservation of neotropical migra-tory birds.

S. 171

At the request of Mr. MOYNIHAN, thenames of the Senator from Massachu-setts (Mr. KERRY), the Senator fromNew Jersey (Mr. TORRICELLI), and theSenator from Vermont (Mr. JEFFORDS)were added as cosponsors of S. 171, abill to amend the Clean Air Act tolimit the concentration of sulfur ingasoline used in motor vehicles.

S. 322

At the request of Mr. CAMPBELL, thename of the Senator from Colorado(Mr. ALLARD) was added as a cosponsorof S. 322, a bill to amend title 4, UnitedStates Code, to add the Martin LutherKing Jr. holiday to the list of days onwhich the flag should especially be dis-played.

S. 327

At the request of Mr. HAGEL, thename of the Senator from Mississippi(Mr. COCHRAN) was added as a cospon-sor of S. 327, a bill to exempt agricul-tural products, medicines, and medicalproducts from U.S. economic sanctions.

S. 343

At the request of Mr. BOND, the nameof the Senator from Mississippi (Mr.COCHRAN) was added as a cosponsor ofS. 343, a bill to amend the InternalRevenue Code of 1986 to allow a deduc-tion for 100 percent of the health insur-ance costs of self-employed individuals.

S. 380

At the request of Mr. CRAIG, thename of the Senator from Colorado(Mr. ALLARD) was added as a cosponsorof S. 380, a bill to reauthorize the Con-gressional Award Act.

S. 395

At the request of Mr. ROCKEFELLER,the name of the Senator from Pennsyl-vania (Mr. SPECTER) was added as a co-sponsor of S. 395, a bill to ensure thatthe volume of steel imports does notexceed the average monthly volume ofsuch imports during the 36-month pe-riod preceeding July 1997.

S. 403

At the request of Mr. ALLARD, thename of the Senator from Kansas (Mr.BROWNBACK) was added as a cosponsorof S. 403, a bill to prohibit implementa-tion of ‘‘Know Your Customer’’ regula-tions by the Federal banking agencies.

S. 407

At the request of Mr. LAUTENBERG,the name of the Senator from Illinois(Mr. DURBIN) was added as a cosponsorof S. 407, a bill to reduce gun traffick-ing by prohibiting bulk purchases ofhandguns.

SENATE CONCURRENT RESOLUTION 5

At the request of Mr. BROWNBACK, thenames of the Senator from North Da-kota (Mr. CONRAD), the Senator fromNorth Carolina (Mr. EDWARDS), theSenator from Kentucky (Mr. MCCON-NELL), the Senator from Indiana (Mr.BAYH), and the Senator from Iowa (Mr.GRASSLEY) were added as cosponsors of

CONGRESSIONAL RECORD — SENATE S1451February 11, 1999Senate Concurrent Resolution 5, a con-current resolution expressing congres-sional opposition to the unilateral dec-laration of a Palestinian state and urg-ing the President to assert clearlyUnited States opposition to such a uni-lateral declaration of statehood.f

SENATE CONCURRENT RESOLU-TION 9—CALLING FOR A UNITEDSTATES EFFORT TO END RE-STRICTIONS ON THE FREEDOMSAND HUMAN RIGHTS OF THEENCLAVED PEOPLE IN THE OC-CUPIED AREA OF CYPRUSMs. SNOWE (for herself and Ms. MI-

KULSKI) submitted the following resolu-tion; which was referred to the Com-mittee on Foreign Relations:

S. CON. RES. 9Whereas respect for fundamental freedoms

and human rights is a cornerstone of UnitedStates foreign policy;

Whereas the enclaved people of Cyprus,those Greek-Cypriots and Maronites living inthe Karpas peninsula, are subject to restric-tions of freedom and human rights;

Whereas the representatives of the twocommunities in Cyprus, who met in Viennain August, 1975, under the auspices of theUnited Nations Secretary General, reachedan agreement known as the Vienna threeagreement, which, inter-alia, states that,‘‘Greek-Cypriots in the North of the island(of Cyprus) are free to stay and they will begiven every help to lead a normal life, in-cluding facilities for education and for thepractice of their religion, as well as medicalcare by their own doctors and freedom ofmovement in the North . . . (and) the UnitedNations will have free and normal access toGreek-Cypriot villages and habitations inthe North’’;

Whereas the key elements of this agree-ment have not been implemented and, infact, severe restrictions have been placed onthe daily lives of the enclaved people of Cy-prus;

Whereas the United Nations SecretaryGeneral in his December 10, 1995 report onthe U.N. operations in Cyprus sets out therecommendations contained in UNFICYP’s(the United Nations Forces in Cyprus) hu-manitarian review, as endorsed by U.N. Se-curity Council Resolution 1032(95), regardingthe restrictions on the freedoms and humanrights of the enclaved people of Cyprus, that:

(1) ‘‘The constant presence of the Turkish-Cypriot police in the daily lives of theKarpas Greek-Cypriots should be ended’’;

(2) ‘‘Karpas Greek-Cypriots and their visi-tors should be allowed to travel between theKarpas and the buffer zone crossing point intheir own vehicles or in regular public trans-portation without police escort’’;

(3) ‘‘All restrictions on land travel withinthe northern part of Cyprus should be lift-ed’’;

(4) ‘‘Unrestricted availability of privatetelephones should be permitted when theybecome generally available and the KarpasGreek-Cypriots should be permitted to makeprivate telephone calls from locations in theKarpas other than police stations withoutthe presence of any official or other person’’;

(5) ‘‘Restrictions on hand-carried mail andnewspapers should be lifted’’;

(6) ‘‘Secondary schooling for Greek-Cyp-riots should be facilitated in the Karpas, andteachers and school supplies for the Greek-Cypriots should be allowed to be providedfrom the south without hinderance’’;

(7) ‘‘All Karpas Greek-Cypriot students at-tending secondary schools or third-level in-

stitutions in the south should be allowed toreturn to their homes on weekends and holi-days’’;

(8) ‘‘Access to and religious use of the mon-astery at Apostolos Andreas and the churchthere by the Greek-Cypriots of the Karpaspeninsula and their clergy should be unre-stricted’’;

(9) ‘‘Provision of funds from outside thenorthern area should be permitted for therenovation and maintenance of Greek-Cyp-riot schools and churches in the Karpasarea’’;

(10) ‘‘Karpas Greek-Cypriots should be per-mitted visits by Greek-Cypriot doctors andmedical staff’’;

(11) ‘‘There should be no hindrance at anytime to children of Karpas Greek-Cypriotsreturning to their family homes without for-mality’’;

(12) ‘‘Karpas Greek-Cypriots should be al-lowed visits from close relatives who nor-mally reside outside the northern part of Cy-prus’’;

(13) ‘‘Karpas Greek-Cypriots should be al-lowed to bequeath fixed property in Karpasto their next of kin and in the event thatsuch beneficiaries normally reside outsidethe northern part of the island, they shouldbe allowed to visit bequeathed propertieswithout hinderance or formality’’;

(14) ‘‘Restrictions on UNFICYP’s freedomof movement to and from as well as withinthe Karpas area should be lifted’’;

(15) ‘‘Restrictions on the discharge byUNFICYP of its humanitarian and otherfunctions with regard to Karpas Greek-Cyp-riots should be lifted and liaison posts shouldbe established where the greatest number ofGreek-Cypriots live in the north at the vil-lages of Rizokarpaso and Ayias Trias. (Thesole remaining permanent UNFICYP pres-ence in the Karpas, a small liaison post, re-mains confined, with no freedom of move-ment, in the village of Leonarisso, whereonly 9 Greek-Cypriots still reside.)’’; and

(16) ‘‘All restrictions preventing offshorefishing by the Greek-Cypriots of the Karpasshould be lifted’’;

Whereas other restrictions on the freedomand human rights of the enclaved include:

(1) A requirement that enclaved males aged18 to 50 report once a week to those in con-trol;

(2) Harassment, beating, rape, and murderwithout investigation; and

(3) Lack of compensation for work per-formed;

Whereas U.N. Security Council Resolution1062(96), inter-alia, expressed regret that‘‘the Turkish-Cypriot side has not respondedmore fully to the recommendations made byUNFICYP and calls upon the Turkish-Cyp-riot side to respect more fully the basic free-doms of the Greek-Cypriots and Maronitesliving in the northern part of the island andto intensify its efforts to improve their dailylives’’;

Whereas on July 31, 1997, Cyprus PresidentGlafcos Clerides and Turkish-Cypriot leaderRauf Denktash agreed to further address thisissue along with other humanitarian issues;and

Whereas no substantive progress has sincebeen made on the part of the Turkish side toimplement the recommendations arising outof the humanitarian review undertaken byUNFICYP is 1995: Now, therefore, be it

Resolved by the Senate (the House of Rep-resentatives concurring), That the Congress—

(1) strongly urges the President to under-take efforts to end restrictions on the free-doms and human rights of the enclaved peo-ple of Cyprus; and

(2) shall remain actively interested in thematter until the human rights and fun-damental freedoms of the enclaved people ofCyprus are restored, respected and safe-guarded.

∑ Ms. SNOWE. Mr. President, today Iam submitting a concurrent resolutionwhich calls for a United States effortto end the restrictions on the freedomsand violations of the human rights ofthe enclaved people in the occupiedportion of Cyprus. I have introducedthis legislation in the past, and I regretthat these concerns are still with us.

Mr. President, I am aware that devel-opments on Cyprus are not known tomost Americans. Yet if I were to tellthem that a small nation has had partof its land illegally occupied by aneighboring state for over 23 years, Iknow they would be both shocked andoutraged.

The 23 years since the 1974 Turkishinvasion of Cyprus have seen the end ofthe cold war, the collapse of the USSR,free elections in South Africa and a re-united Germany. Yet while the linethrough the heart of Berlin is gone, theline through the heart of Cyprus re-mains.

Over two decades ago, Turkey’s bru-tal invasion drove more than 200,000Cypriots from their homes. Turkeystill controls about one-third of the is-land of Cyprus and maintains about30,000 troops there. However, there re-mains, in northern Cyprus, a smallremnant of 497 enclaved Greek-Cyp-riots. The reason they are referred toas the enclaved of Cyprus is that dur-ing the fighting in 1974 they mostly re-sided in remote enclaves and thereforewere not able to flee the fighting andthus were not immediately expelled.

Mr. President, I believe that this res-olution is important in serving to bringto the attention of the American peo-ple and the world community, thehardships and restrictions endured bythese enclaved individuals.

In 1975, representatives of the Greekand Turkish Cypriot communitiesagreed that the Greek-Cypriots in thenorthern part of the island were to begiven every help to lead a normal life.Twenty-two years later this is still notthe case.

The presence of the Turkish-Cypriotpolice in the lives of the enclavedGreek-Cypriots is constant, and thereare restrictions on land travel. Otherhuman rights restrictions and depriva-tions include: Restrictions on privatetelephones; Restrictions on hand-car-ried mail and newspapers; Difficultiesin receiving full educational opportuni-ties; Restricted access to and religioususe of the monastery at ApostolosAndreas; A requirement that enclavedmales aged 18–50 must report once aweek to those in control; and A lack ofinvestigation with regard to harass-ment, beating, rape and murder.

Mr. President, this situation callsout for justice. By bringing thesehuman rights violations to the atten-tion of the American people, it is myhope, that we can bring the plight ofthese people to the World’s attention.My resolution urges the President toundertake efforts to end the restric-tions on the freedoms and humanrights of the enclaved people. I will re-main actively involved in this issue

CONGRESSIONAL RECORD — SENATES1452 February 11, 1999until their rights and freedoms are re-stored.

This is the least we can do for thesepeople. While this resolution addressesthe plight of the enclaved people of Cy-prus, work must not cease on efforts tobring about a withdrawal of Turkishforces and a restoration of Cyprus’ sov-ereignty over the entire island with thefull respect of the rights of all Cyp-riots.

Mr. President, I urge my colleaguesto join me in supporting this legisla-tion.∑f

SENATE RESOLUTION 34—DES-IGNATING NATIONAL YOUTH FIT-NESS WEEK

Mr. TORRICELLI (for himself, Mr.BAUCUS, Mr. LUGAR, Mr. DURBIN, andMr. REID) submitted the following reso-lution; which was referred to the Com-mittee on the Judiciary:

S. RES. 34

Whereas the Nation is witnessing a his-toric decrease in the health of the youth inthe United States, with only 22 percent ofthe youth being physically active for the rec-ommended 30 minutes each day and nearly 15percent of the youth being almost com-pletely inactive each day;

Whereas physical education classes are onthe decline, with 75 percent of students inthe United States not attending daily phys-ical education classes and 25 percent of stu-dents not participating in any form of phys-ical education in schools, which is a decreasein participation of almost 20 percent in 4years;

Whereas more than 60,000,000 people, 1⁄3 ofthe population of the United States, areoverweight;

Whereas the percentage of overweightyouth in the United States has doubled inthe last 30 years;

Whereas these serious trends have resultedin a decrease in the self-esteem of, and an in-crease in the risk of future health problemsfor, youth in the United States;

Whereas youth in the United States rep-resent the future of the Nation and the de-crease in physical fitness of the youth maydestroy the future potential of the UnitedStates unless the Nation invests in the youthin the United States to increase productivityand stability for tomorrow;

Whereas regular physical activity has beenproven to be effective in fighting depression,anxiety, premature death, diabetes, heartdisease, high blood pressure, colon cancer,and a variety of weight problems;

Whereas physical fitness campaigns helpencourage consideration of the mental andphysical health of the youth in the UnitedStates; and

Whereas Congress should take steps to re-verse a trend which, if not resolved, could de-stroy future opportunities for millions of to-day’s youth because a healthy child makes ahealthy, happy, and productive adult: Now,therefore, be it

Resolved, That the Senate—(1) designates the week beginning April 30,

1999, as ‘‘National Youth Fitness Week’’;(2) urges parents, families, caregivers, and

teachers to encourage and help youth in theUnited States to participate in athletic ac-tivities and to teach adolescents to engage inhealthy lifestyles; and

(3) requests the President to issue a procla-mation calling on the people of the UnitedStates to observe the week with appropriateceremonies and activities.

SENATE RESOLUTION 35—RELAT-ING TO THE TREATMENT OFVETERANS WITH ALZHEIMER’SDISEASE

Ms. SNOWE submitted the followingresolution; which was referred to theCommittee on Veterans’ Affairs:

S. RES. 35

Whereas an estimated 30 percent of the pa-tients in veterans nursing home facilitiessuffer from Alzheimer’s Disease or someother form of dementia;

Whereas only a very small number of fa-cilities exist that are dedicated to treatingpatients with Alzheimer’s disease and to de-veloping improved protocols to treat the dis-order;

Whereas the aging of the United Statesveterans population is expected to hinder thecapability of traditional veterans nursinghome facilities to care for veterans with Alz-heimer’s disease; and

Whereas research indicates that the tradi-tional nursing home model may not providethe most effective method of treating pa-tients with Alzheimer’s disease: Now, there-fore, be it

Resolved, That it is the sense of the Senatethat—

(1) in authorizing medical facility projectsand leases for the Department of VeteransAffairs, Congress should authorize projectsand leases for facilities, in urban and rurallocations, that are designed specifically forpurposes of treating veterans with Alz-heimer’s disease and conducting research re-lating to Alzheimer’s disease;

(2) the Secretary of Veterans Affairsshould encourage innovation in the methodsutilized by Department health care person-nel in treating veterans with Alzheimer’sdisease; and

(3) the Secretary should encourage and fa-cilitate the sharing of information on Alz-heimer’s disease among Department facili-ties and personnel.

ALZHEIMER’S DISEASE

∑ Ms. SNOWE. Mr. President, I risetoday to submit a resolution in supportof veterans suffering from Alzheimer’sdisease.

When I first came to Congress 20years ago, not a single piece of legisla-tion devoted to Alzheimer’s disease hadeven been introduced. We have come along way since then, as today Alz-heimer’s is a household word. It is alsothe most expensive uninsured illness inAmerica. That is why I recently intro-duced legislation to allow families todeduct the cost of home care and adultday and respite care provided to a fam-ily member suffering from Alzheimer’sdisease.

The resolution I am submittingtoday is targeted to the challengesfaced by veterans suffering from Alz-heimer’s disease and their families. Iworked closely with the Maine Depart-ment of the Veterans of Foreign Wars[VFW] of the United States on this ap-proach, after learning of the prevalenceof this disorder in the veterans popu-lation in Maine and nationwide, andthe need to improve treatment re-gimes.

The resolution expresses the sense ofthe Senate that in authorizing veter-ans medical facility projects, such asnursing homes, Congress should au-thorize projects for facilities in urban

and rural areas specifically designed totreat veterans with Alzheimer’s diseaseand conducting research into the dis-order.

The resolution also expresses supportfor innovation in the methods used byVA personnel in treating veterans withAlzheimer’s disease, and encouragesthe sharing of information on Alz-heimer’s disease among VA facilitiesand health care personnel.

Facilities authorized under this billwould provide a model for existing VAnursing homes that treat Alzheimer’sdisease and future homes dedicated ex-clusively to the treatment of Alz-heimer’s. These specially designedhomes will formulate new protocols forthe treatment of this devastating con-dition.

Currently, veterans homes have anaverage of 30 percent Alzheimer’s pa-tients. Serious questions have beenraised concerning whether it is appro-priate to treat this disorder in the tra-ditional nursing home setting. Yet, theVA does not operate any facilities ex-clusively targeted at Alzheimer’s dis-ease, and the VA budget for construc-tion funds for veterans nursing homesdoes not authorize construction of anyunique long-term care projects. Au-thorizing the VA to explore new waysof treating Alzheimer’s disease will en-able the Department, which admin-isters one of the largest health carenetworks in the country, to prepare forthe future, when the aging of the veter-ans population is expected to hinderthe ability of traditional veteranshomes to care for Alzheimer’s patients.

One of the most important compo-nents of this resolution is that a dem-onstration facility authorized by Con-gress will give the VA the freedom todesign new and more effective proto-cols for treating Alzheimer’s patients—including new approaches to care, ad-ministration, staffing, quality assur-ance, and other issues. Facilities arecurrently forced to comply with exist-ing long-term care regulations, laws,building codes, and traditional medicalmodels, which are often not compatiblewith the unique needs of patients suf-fering from Alzheimer’s disease.

Advances made by facilities designedspecifically to treat veterans with Alz-heimer’s will ultimately benefit allthose who suffer with this disorder.Therefore, Mr. President, I stronglyurge my colleagues to join me in sup-porting this legislation.∑f

SENATE RESOLUTION 36—AUTHOR-IZING TAKING OF PHOTOGRAPHSIN THE CHAMBER OF THEUNITED STATES SENATE

Mr. LOTT (for himself, Mr. DASCHLE,MR. MCCONNELL, and Mr. DODD) sub-mitted the following resolution; whichwas considered and agreed to:

S. RES. 36Resolved, That paragraph 1 of rule IV of the

Rules for the Regulation of the Senate Wingof the United States Capitol (prohibiting thetaking of pictures in the Senate Chamber) be

CONGRESSIONAL RECORD — SENATE S1453February 11, 1999temporarily suspended for the sole and spe-cific purpose of permitting photographs to betaken on February 11 or 12, 1999, during theroll call vote on the Articles of Impeachmentin the impeachment trial of the President ofthe United States.

SEC. 2. The Sergeant at Arms of the Senateis authorized and directed to make the nec-essary arrangements therefor, which ar-rangements shall provide for a minimum ofdisruption to Senate proceedings.

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ADDITIONAL STATEMENTS

TROOPS TO TEACHERSIMPROVEMENT ACT OF 1999

∑ Mr. BINGAMAN. Mr. President, theCongress has an important opportunityto provide the youth of America withknowledge and experience that willbenefit their future and therefore thefuture of this country. The Troops-to-Teachers program in the Departmentof Defense brings the technical talentsand experience of retiring military per-sonnel directly to American classroomsto benefit our young people. Formermilitary personnel who enroll inTroops-to-Teachers bring essentialmathematical, scientific, and techno-logical expertise that our schools needin order to provide the nation with thetechnical talent we will need to facethe future. This is a ‘‘win-win’’ pro-gram that brings together age and ex-perience with youth and energy. Thisprogram rewards those in uniform whohave served the nation by providingthem with valuable training assistanceneeded for the transition to a class-room, and it rewards our young peoplewith service professionals’ knowledgeand information gained while develop-ing and using the latest technologies.

Congress established Troops-to-Teachers in 1993. Since then, over 3,000men and women retiring from the mili-tary have received training to enablethem to enter classrooms as qualifiedteachers. These men and women bringsome very important fresh perspectivesto American classrooms. About threequarters of the ‘‘Troops’’ are males,compared with about 25 percent maleteachers in the nation’s public schoolsystems. Almost a third of them havescience, engineering, and technologybackgrounds which are sorely neededin our schools at all levels. About athird of the ‘‘Troops’’ are minorities,compared to less than 10 percent mi-nority instructors in our publicschools. Many minority retirees andhalf of the ‘‘Troops’’ overall elect toteach in inner city or rural schools—the schools that are often most in needof additional teaching expertise.

This bipartisan bill introduced by myesteemed colleague, Senator MCCAIN,would provide the critical financialsupport retiring service personnel needto gain teacher skills and would assistthem in obtaining employment asteachers. I am honored to be an origi-nal cosponsor of S. 389, the Troops toTeachers Program Improvement Act of1999. If enacted, this bill will provide a

$2,000 stipend to help offset the cost ofearning teacher certification. It wouldalso provide grants to school districtsfor each new teacher they hire, andwould set up Troops-to-Teacher Cen-ters to manage the program in variousstates. Major grants up to $825,000would be awarded to Institutions ofHigher Education located near militaryinstallations to establish teacher cer-tification programs tailored to meetthe needs of retiring military person-nel. Placement and referral assistancewould also be available to personnelwho enroll in the program.

Mr. President, in 1993 Troops-to-Teachers was an important initiativeto help meet the needs of military per-sonnel leaving the military servicesduring the drawdown of our militaryforces. The drawdown has been com-pleted, but that no longer matters.During the past five years, I believe wenow know how valuable this program isregardless of whether our militaryforces shrink or grow. Retiring mili-tary personnel who, by definition, are‘‘public servants’’ have a valuable com-bination of skills and commitment toapply their public service in anothervenue—America’s classrooms. Ameri-ca’s youth and the nation’s future willbe the beneficiaries. I urge my col-leagues to vote to enact the Troops-to-Teachers Improvement Act of 1999 andto extend the authority of this pro-gram for five more years. It’s a greatdividend from America’s past and animportant investment in America’s fu-ture.∑f

TRIBUTE TO THE FIRST PRES-BYTERIAN CHURCH OF GULF-PORT, MISSISSIPPI

∑ Mr. LOTT. Mr. President, this monthis the centennial anniversary of theFirst Presbyterian Church of Gulfport,Mississippi.

The First Presbyterian Church ofGulfport has a rich history serving theLord and the Gulfport community. Itwas organized on February 17, 1899 bythe New Orleans Presbytery. On Janu-ary 30, 1904, the original frame churchbuilding was dedicated and a yearlater, Reverend F.L. McFadden was in-stalled as the church’s first Pastor.Reverend H.A. Jones was installed inDecember 1909 and served until hisdeath in January 1915. Reverend A.C.Armond ministered to the church untilWorld War I. Dr. Charles Newman fol-lowed, faithfully conducting worshipfor fourteen years. Reverend J.N.Brown served the Presbyterian Churchduring the Great Depression, WorldWar II, and the Korean Conflict.

Installed in 1954, Dr. Richard L. Sum-mers led the ministry until September1986. It was during Dr. Summer’s thir-ty-two year tenure that the presentchurch at 1214 24th Avenue was dedi-cated and a number of important pro-grams were instituted such as a week-day kindergarten.

The congregation joined the Pres-byterian Church of America in 1982 and

was received in May 1983 by GracePresbytery, P.C.A, at the First Pres-byterian Church of Hattiesburg.

In July 1987, Reverend Danny Leviwas installed, serving through Decem-ber 1991. Reverend William R. Lyle wasordained in January 1991 and served asan Assistant Pastor until December1992.

The First Presbyterian Church ofGulfport is now blessed to have Rev-erend Marshall D. Connor, a graduateof the University of South Carolina andthe Reformed Theological Seminary, asits current Pastor. The father of sevenchildren and the grandfather of two,Reverend Conner and his wife Lindahave served the church since March1993.

As the First Presbyterian Churchreaches this significant milestone, it isappropriate to look back and reflect onthe many lives touched by this institu-tion. The thousands of worshipers whohave achieved spiritual fulfilment. Thechildren who received a strong reli-gious education based on devotion tofaith, family, and freedom and the bib-lical principles of integrity, conviction,and moral fiber. The sons and daugh-ters who entered into the sacred bondof matrimony. The many devoted fol-lowers who regularly attended Sundayservice, and who, in the Christian tra-dition, sought and received redemp-tion. And the friends and family mem-bers who prayed for their loved onesand those in need.

The First Presbyterian Church hasremained a center for community lifeand spiritual well-being for a century.This history will serve as a beacon forGulfport as our nation moves forwardinto the next millennium.

For one hundred years, and with nineministers, this congregation has stoodas a strong testament to its gloriousteachings. I am proud and honored tocommemorate this historic achieve-ment.

I ask my colleagues to join me in rec-ognizing the First Presbyterian Churchof Gulfport, Mississippi, and to wishthe church and its many followers ajoyous centennial anniversary.∑f

TRIBUTE TO DR. PAUL PHILLIPS

∑ Mr. SANTORUM. Mr. President, Irise today to pay tribute to Dr. PaulPhillips for his eight years of servicerepresenting Upper Providence Town-ship on the Spring-Ford Area SchoolBoard in Collegeville, PA.

Dr. Phillips has been active in edu-cational activities for more than 50years. His extensive experience in-cludes serving as former superintend-ent in the Morrisville School Districtin Bucks County and former principalin the Haverford and Lower Merionschool districts. Recently, he hasserved as a president of the Spring-Ford school board and as School Direc-tor.

While School Director, Dr. Phillips’goal was to raise Spring-Ford HighSchool SAT scores by 100 points. Not

CONGRESSIONAL RECORD — SENATES1454 February 11, 1999only did Dr. Phillips attain that goal,he exceeded it. During his tenure, Dr.Phillips also saw the construction oftwo elementary schools and a highschool, as well as renovations to themiddle school.

Mr. President, I ask my colleagues tojoin with me in commending Dr. Phil-lips for his outstanding service on theSpring-Ford School Board, as well ashis years of active involvement in edu-cational activities in Pennsylvania.∑f

IMANI ART MUSEUM

∑ Mr. COVERDELL. Mr. President, Irise today to commend the goals of theproposed IMANI Art Museum in Ameri-cus, Georgia. I would also like to notethe work of Dr. Ron Maxwell for work-ing to make the museum a reality.

The IMANI Art Museum will be dedi-cated to encouraging diversity and edu-cating the community about contem-porary forms of African art and AfricanAmerican art. Such a museum will helppreserve the culture and history of Af-rican Americans so that future genera-tions may fully appreciate their ac-complishments.

Furthering the museum’s goals ofeducation, the museum will feature aChildren’s Center, W.J. Robinson Cen-ter for Art Teaching and Learning, anda research library. The Children’s Cen-ter will strive to increase youth self es-teem and self respect through the rec-ognition and acquisition of art skillsand historical knowledge. The W.J.Robinson Center will serve as a valu-able resource and training tool for thecommunity’s teachers in all aspects ofdiversity issues and educational cur-riculum. The research library willserve as a valuable resource to stu-dents and the community with regardsto the African American history andculture.

Once again, Mr. President, I com-mend the goals of the proposed IMANIArt Museum and the diligent work ofDr. Ron Maxwell. The museum willprovide history and cultural richnessfor the citizens of Southwest Georgiaas well as prove to be important to theeconomic development and tourism in-dustry which is sorely needed in thisregion. As we continue to look for waysat bringing people together, let us lookto intentions of the proposed IMANIArt Museum as a leader in this effort.∑f

CALVIN COLLEGE NATIONALTITLE

∑ Mr. ABRAHAM. Mr. President, I risetoday to congratulate a group of veryspecial young women from Calvin Col-lege. The Calvin College Women’s CrossCountry team placed first in the Na-tional Championships for Division III.This is the first national championshipwon by a MIAA (Michigan Intercolle-giate Athletic Association) team incross country.

The following 19 girls who make upthe team, have indeed made Calvin Col-lege proud: Rashel Bayes, Erinn Boot,

Kristi Brown, Lindsay Carrier, AndreaClark, Allison Cook, Sara Crowe, AprilDeKorte, Kristie DeYoung, Sarah Gib-son, Elisabeth Giessel, Sarah Gritter,Emily Hollender, Elizabeth Kuipers,Kris Lumkes, Amy Mizzone, LisaTimmer, Candice Vandergriff, andKatherine VanDerSchaaf. I would alsolike to recognize Nancy Meyer, thecoach of the women’s cross countryteam, who was named the nationalcross country coach of the year.

The Calvin Women’s Cross Countryteam has now earned 16 All-Americanberths in the history of its programand eight top-10 national team finishes.It is my pleasure, once again, to con-gratulate the Calvin College Women’sCross Country team. It is very encour-aging to see these young women strivefor such excellence. This team hasmade Calvin College and the entirestate of Michigan very proud.∑f

TRIBUTE TO WALTER ADAMS

∑ Mr. ABRAHAM. Mr. President, I risetoday to pay tribute to Walter Adamsof East Lansing, Michigan. In the 76years before his passing, Mr. Adamstouched the lives of his family, his stu-dents, and his fellow community mem-bers with his passion for learning. Mr.Adams is best known for his longtimededication to Michigan State Univer-sity as a forty-six-year faculty mem-ber, including one year as president ofthe university.

As a lifelong promoter of education,Mr. Adams touched the lives of stu-dents and colleagues alike. He neverlost his interest, his enthusiasm, andhis total commitment to the ideals ofeducation. His students were fortunateto be under the tutelage of an instruc-tor who was knowledgeable, experi-enced, and committed to improving theknowledge of those he taught. Evenafter his retirement in 1993, Mr. Adamsremained steadfastly loyal to the uni-versity.

As Americans, we owe a great deal tothose individuals who choose to pre-pare future generations to lead thiscountry. Mr. Adams was not only partof this group, he was one of its finestmembers. He will be remembered fond-ly by all those he guided and inspired.∑f

TRIBUTE TO FAYANNE KAUFMAN

∑ Mr. ABRAHAM. Mr. President, I risetoday in remembrance of FayanneKaufman of Farmington Hills, Michi-gan. In the 72 years before her passing,Mrs. Kaufman touched the lives of herfamily, her students, and her fellowcommunity members with her passionfor life and learning.

Mrs. Kaufman responded to life’schallenges with strength and opti-mism. After her husband’s untimelydeath in 1965, she joined the ranks ofolder Americans pursuing higher edu-cation and attained her teaching de-gree at Wayne State University. In1968, she began a 30-year career in theFarmington Public Schools, teaching

at both the middle and high school lev-els. A renowned artist in the fields ofceramics and jewelry making, Mrs.Kaufman encouraged her students todevelop their talents and helped themreceive scholarships at various art anddesign institutions throughout theUnited States. In addition, she inspiredand worked with troubled students toturn their lives around. Mrs. Kaufmanremained active with her alma materover the years as an alumnus and washonored by the university with theWoman of Wayne State Award. In thepast decade, she strengthened her com-mitment to public service with threebids for the Michigan Board of Edu-cation.

Most importantly, Mrs. Kaufman wasa devoted mother to her three sons.She raised her children to appreciatethe importance of education and com-munity service. As her son Jerry said,‘‘She was amazing and had such awarm sweet spirit.’’ Mrs. Kaufman in-spired us all to serve our community tothe best of our ability and reassured usthat we all can have a positive impacton the world around us. I wish to ex-tend best wishes to the entire Kaufmanfamily.∑

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RETIREMENT OF MR. WOODROWDAWSON, JR.

∑ Mr. ABRAHAM. Mr. President, I risetoday to pay tribute to Mr. WoodrowDawson, Jr. of Southfield, Michigan.On December 31, 1998, after 25 years ofservice, Mr. Dawson retired from FordMotor Company, Dearborn Glass. Hisdedication to an industry that is his-torically and economically significantto our state is highly commendable. Itis people like Mr. Dawson who contrib-ute to the great productivity of our na-tion.

In addition to his hard work withFord, Mr. Dawson is a committed mem-ber of his community. He is an elder atSt. Paul Church of God in Christ in De-troit, which he has attended for 50years. Even more importantly, he is adevoted husband to his wife of 31 yearsand father to four children. I extendmy warmest wishes and the best ofluck for the future to Mr. Dawson andhis family.∑

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APPOINTING A COMMITTEE TOESCORT THE CHIEF JUSTICE

Mr. LOTT. Mr. President, I ask unan-imous consent the Presiding Officer beauthorized to appoint a committee ofSenators, three upon the recommenda-tion of the majority leader and threeupon the recommendation of the mi-nority leader, to escort the Chief Jus-tice out of the Senate Chamber at theconclusion of the Court of Impeach-ment.

The PRESIDING OFFICER. Withoutobjection, the Chair, on behalf of themajority leader, appoints Mr. THUR-MOND of South Carolina, Mr. ROTH ofDelaware, and Mr. DOMENICI of New

CONGRESSIONAL RECORD — SENATE S1455February 11, 1999Mexico, and, on behalf of the Demo-cratic leader, Mr. SARBANES of Mary-land, Mr. MOYNIHAN of New York, andMrs. LINCOLN from Arkansas.

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UNANIMOUS-CONSENT AGREE-MENT—CENSURE RESOLUTION

Mr. LOTT. Mr. President, I ask unan-imous consent that, if Senator FEIN-STEIN offers her motion to suspend therules in order to attempt to consider acensure resolution, and immediatelyfollowing the reading of the motion bythe clerk, Senator GRAMM of Texas berecognized to offer a motion to post-pone the Feinstein motion indefinitely.

I further ask that immediately fol-lowing the reporting of the Gramm mo-tion by the clerk, the Senate proceedto a vote on the Gramm motion, imme-diately, all without any intervening de-bate or action.

I further ask that following the vote,if two-thirds of the Senate fail to de-

feat the motion to postpone, then themotion to suspend is withdrawn andthat no further motions relative tocensure be in order prior to this week’sadjournment of the Senate.

I finally ask that following that votethere be up to 2 hours of morning busi-ness to be equally divided between thetwo leaders or their designees.

And before the Chair puts the ques-tion on the unanimous consent request,I just want to advise my colleagues onboth sides, this has been cleared onboth sides of the aisle, by the sponsor,Senator FEINSTEIN, and by SenatorGRAMM on the other side. I believe thisis a fair way, all things considered, todeal with this matter.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.f

ADJOURNMENT UNTIL 9:30 A.M.TOMORROW

Mr. LOTT. Therefore, now I askunanimous consent the Senate stand in

adjournment until the hour of 9:30 a.m.on Friday.

There being no objection, the Senate,at 7:06 p.m., adjourned until Friday,February 12, 1999, at 9:30 a.m.

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NOMINATIONS

Executive nominations received bythe Secretary of the Senate February11, 1999, under authority of the order ofthe Senate of January 6, 1999:

NATIONAL LABOR RELATIONS BOARD

LEONARD R. PAGE, OF MICHIGAN, TO BE GENERALCOUNSEL OF THE NATIONAL LABOR RELATIONS BOARDFOR A TERM OF FOUR YEARS, VICE FREDERICK L. FEIN-STEIN WHO WAS APPOINTED TO THIS POSITION DURINGTHE LAST RECESS OF THE SENATE.

JOHN C. TRUESDALE, OF MARYLAND, TO BE A MEMBEROF THE NATIONAL LABOR RELATIONS BOARD FOR THETERM OF FIVE YEARS EXPIRING AUGUST 27, 2003, VICEWILLIAM B. GOULD IV, RESIGNED, TO WHICH POSITIONHE WAS APPOINTED DURING THE LAST RECESS OF THESENATE.