Member of Congress

Jeff Bingaman

Role
Former Senator
State
NM
Party
Democrat

Speeches

Introductory Statement on S. 19541999-11-17

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I am pleased to introduce today, along with my colleagues, Senators Thompson and Kennedy, a bill to establish compensation programs for workers at Department of Energy sites, contractors, and vendors who are ill because they were exposed to severe chemical and radioactive hazards while on the job. This bill, the Energy Employees' Compensation Act, will recognize three of the more egregious workplace hazards that were allowed to exist over the years at DOE facilities. The first of these situations was the exposure of workers at DOE sites and vendors to beryllium, a metal that has been used for the past 50 years in the production of nuclear weapons. Even very small amounts of exposure to beryllium can result in the onset of Chronic Beryllium Disease (CBD), an allergic lung reaction resulting in lung scarring and loss of lung function. The only treatment is the use of steroids to control the inflammation. There is no cure. Once a person has been exposed to beryllium, he or she has a lifelong risk of developing CBD. While only 1 to 6 percent of exposed people will generally develop CBD, some work tasks are associated with disease rates as high as 16 percent. Beryllium was used at 20 DOE sites, including sites in my state of New Mexico. An estimated 20,000 workers may have been exposed, including 1,000-1,500 in New Mexico. To date, DOE screening programs have identified 146 cases of CBD among current and former workers, although the number can be expected to grow. The people who are affected by this disease were typically blue-collar workers at these facilities. They are not covered by the federal workers' compensation system, and the various state workers' compensation programs are not well geared to deal with chronic occupational illnesses like CBD. I believe that, since these workers became exposed to beryllium while working in the defense of their country, the country owes them something in return, should they come down with Chronic Beryllium Disease. That is why I will fight to help the workers and their families in New Mexico and elsewhere through this part of the bill. The second situation which this bill seeks to remedy occurred at the DOE Paducah Gaseous Diffusion Plant in Kentucky. Here, workers were unknowingly exposed to plutonium and other highly radioactive materials that were present in recycled uranium sent to the plant by the former Atomic Energy Commission. The AEC and the managers of the plant knew about this hazard in the 1950s, but enhanced protection for workers at Paducah was not implemented until 1992. This is an unbelievable and outrageous error. These workers deserve full compensation for the health effects of exposures that they were subject to without their knowledge. The third situation that this bill addresses occurred to 55 workers at the DOE's East Tennessee Technology Park, who also suffered exposures to radiation and hazardous materials that have resulted in occupational illness. Through this provision, DOE can make a grant of $100,000 to each worker, if medical experts find that it is appropriate. The Department of Energy, under Secretary Richardson's leadership, is facing up to some of its past failures to properly oversee worker health and safety at its facilities. It is a tragedy that we have to introduce and pass bills like this one, particularly in cases where it seems so clear that the problems could have been prevented. But this bill is the right thing to do for workers who served their country and expected that they would be kept safe from occupational injury. As the Congress considers this bill, I hope that we also remain vigilant to the ongoing challenges to worker safety and health at DOE facilities, particularly in the parts of the Department that are being reorganized as a result of legislation we passed earlier this year. I ask unanimous consent that a section-by-section analysis be printed in the Record.

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Introductory Statement on S. 19121999-11-10

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I am very pleased to join Senators Frist and McCain today in introducing the ``Electronic Commerce Technology Promotion Act.'' This bill, which sets up a center of Excellence in Electronic Commerce at the National Institutes of Standards and Technology, or NIST, is a solid step towards adapting an important federal agency to the digital economy we see blooming around us. NIST was established in 1901 as the National Bureau of Standards during a time of tremendous industrial development, when technology became a key driver of our economic growth. Making those technologies literally fit together reliably through standards became crucial, and Congress realized that one key to sustaining our industrial growth and the quality of our products would be a federal laboratory devoted to developing standards. The Bureau of Standards is a classic example of how the federal government can support technical progress that undergirds economic growth and enables the competitive marketplace to work. Around ten years ago, Congress modified the Bureau's charter in response to the problems of the 1980's, increasing its focus on competitiveness, adding efforts like the highly regarded Manufacturing Extension Program (MEP), and changing the name to NIST. Turning to the challenges of today's growing digital economy, this bill makes NIST a focal point in the federal government for promoting electronic commerce throughout our economy by establishing a Center of Excellence in Electronic Commerce there. While the challenges of making things fit together in a digital economy are different--and now go under the un- melodic term ``interoperability''--they are just as crucial as they were in the industrial economy of 1901. And, NIST remains an excellent place to lead the work. I'm particularly pleased that this bill includes the fundamental idea behind my bill S. 1494, the Electronic Commerce Extension Establishment Act of 1999. That is, NIST ought to lead an electronic commerce extension program or service to provide small businesses with low cost, impartial technical advice on how to enter and succeed in e-commerce. This service will help ensure that small businesses in every part of the nation fully participate in the unfolding e-commerce revolution through a well-proven policy tool--a service analogous to the Department of Agriculture's Cooperative Extension Service and NIST's own MEP. I believe such a service would help both small businesses and our entire economy as the productivity enhancements from e-commerce are spread more rapidly, and I recently asked Secretary Daley for a report on how such a service should work. So, I thank Senator Frist for including my basic policy idea in his bill and look forward to working with him to flesh it out, particularly in light of the report we should get from the Commerce Department. Mr. President, I urge my colleagues to join Senators Frist, McCain, and myself in supporting this bill, as one step the Congress can take to make sure an important federal agency, NIST, continues its strong tradition of helping our economy--our growing digital economy--to be the most competitive in the world.

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Introductory Statement on S. 19061999-11-10

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, Airplanes, known as airtankers, play a critical role in fighting wildfires. They are used in the initial attack of wildfires in support of firefighters on the ground and, on large wildfires, to aid in the protection of lives and structures from rapidly advancing fires. Today, Senators Allard, Craig and I are introducing legislation that will help ensure that Federal firefighters continue to have access to airtanker services. This technical amendment will extend the expiration date of the Wildfire Suppression Aircraft Transfer Act of 1996 from September 30, 2000 to September 30, 2005. The regulations under the act are still being finalized, so no aircraft have yet been transferred. Extending the 1996 act is critical to help facilitate the sale of former military aircraft to contractors who provide firefighting services to the Forest Service and the Department of the Interior. The existing fleet of available airtankers is aging rapidly, and fleet modernization is critical to the continued success of the firefighting program. This bill will extend legislative authority to transfer or sell excess turbine-powered military aircraft suitable for conversion to airtankers. If we fail to pass this extension, airtanker operators will not have access to the planes they need to update the aging airtanker fleet. The Wildfire Suppression Aircraft Transfer Act of 1996 required that the aircraft be used only for firefighting activities. I urge my colleagues to support our efforts to ensure that Federal firefighters have the resources they need to protect the public and their property from the threat of wildfires. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS1999-11-10

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I am very pleased to join Senators Frist and McCain today in introducing the ``Electronic Commerce Technology Promotion Act.'' This bill, which sets up a center of Excellence in Electronic Commerce at the National Institutes of Standards and Technology, or NIST, is a solid step towards adapting an important federal agency to the digital economy we see blooming around us. NIST was established in 1901 as the National Bureau of Standards during a time of tremendous industrial development, when technology became a key driver of our economic growth. Making those technologies literally fit together reliably through standards became crucial, and Congress realized that one key to sustaining our industrial growth and the quality of our products would be a federal laboratory devoted to developing standards. The Bureau of Standards is a classic example of how the federal government can support technical progress that undergirds economic growth and enables the competitive marketplace to work. Around ten years ago, Congress modified the Bureau's charter in response to the problems of the 1980's, increasing its focus on competitiveness, adding efforts like the highly regarded Manufacturing Extension Program (MEP), and changing the name to NIST. Turning to the challenges of today's growing digital economy, this bill makes NIST a focal point in the federal government for promoting electronic commerce throughout our economy by establishing a Center of Excellence in Electronic Commerce there. While the challenges of making things fit together in a digital economy are different--and now go under the un- melodic term ``interoperability''--they are just as crucial as they were in the industrial economy of 1901. And, NIST remains an excellent place to lead the work. I'm particularly pleased that this bill includes the fundamental idea behind my bill S. 1494, the Electronic Commerce Extension Establishment Act of 1999. That is, NIST ought to lead an electronic commerce extension program or service to provide small businesses with low cost, impartial technical advice on how to enter and succeed in e-commerce. This service will help ensure that small businesses in every part of the nation fully participate in the unfolding e-commerce revolution through a well-proven policy tool--a service analogous to the Department of Agriculture's Cooperative Extension Service and NIST's own MEP. I believe such a service would help both small businesses and our entire economy as the productivity enhancements from e-commerce are spread more rapidly, and I recently asked Secretary Daley for a report on how such a service should work. So, I thank Senator Frist for including my basic policy idea in his bill and look forward to working with him to flesh it out, particularly in light of the report we should get from the Commerce Department. Mr. President, I urge my colleagues to join Senators Frist, McCain, and myself in supporting this bill, as one step the Congress can take to make sure an important federal agency, NIST, continues its strong tradition of helping our economy--our growing digital economy--to be the most competitive in the world.

Mr. BINGAMAN. Mr. President, Airplanes, known as airtankers, play a critical role in fighting wildfires. They are used in the initial attack of wildfires in support of firefighters on the ground and, on large wildfires, to aid in the protection of lives and structures from rapidly advancing fires. Today, Senators Allard, Craig and I are introducing legislation that will help ensure that Federal firefighters continue to have access to airtanker services. This technical amendment will extend the expiration date of the Wildfire Suppression Aircraft Transfer Act of 1996 from September 30, 2000 to September 30, 2005. The regulations under the act are still being finalized, so no aircraft have yet been transferred. Extending the 1996 act is critical to help facilitate the sale of former military aircraft to contractors who provide firefighting services to the Forest Service and the Department of the Interior. The existing fleet of available airtankers is aging rapidly, and fleet modernization is critical to the continued success of the firefighting program. This bill will extend legislative authority to transfer or sell excess turbine-powered military aircraft suitable for conversion to airtankers. If we fail to pass this extension, airtanker operators will not have access to the planes they need to update the aging airtanker fleet. The Wildfire Suppression Aircraft Transfer Act of 1996 required that the aircraft be used only for firefighting activities. I urge my colleagues to support our efforts to ensure that Federal firefighters have the resources they need to protect the public and their property from the threat of wildfires. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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BANKRUPTCY REFORM ACT OF 19991999-11-10

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to express my deep disappointment concerning amendment 2771 to the Bankruptcy bill that we are voting on today. Earlier this year, I was an original cosponsor of S. 562, the methamphetamine bill introduced by Senator Harkin, to implement a coordinated effort to combat methamphetamine abuse. I am very concerned about the abuse of methamphetamine in my home state of New Mexico, and I am very concerned about the rise in meth labs in my state. That is why I wholeheartedly supported the provisions aimed at: (1) combating the spread of methamphetamine; (2) treating abusers of meth; (3) developing prevention programs; and (4) researching meth. I was glad to see that Senator Hatch accepted the treatment, prevention and research provisions that were in S. 562 when drafting this amendment. Meth is a highly addictive drug and I have supported efforts to stop the spread of meth in our rural communities. I support tougher penalties for meth lab operators and traffickers. I support resources to law enforcement to cover the cost of dismantling toxic meth labs. However, because of the provision added to this amendment at the last minute, concerning school vouchers, I am unable to vote for an otherwise good meth bill. I regret that the drafters of this amendment felt it necessary to politicize this bill with issues like school vouchers that are unrelated to the methamphetamine issue. These attempts to undermine the bipartisan support for this meth bill are unfortunate. While I support providing resources to law enforcement to battle the methamphetamine epidemic and have been a strong advocate for ways to improve school security, I cannot support the use of federal funds to send students to private or parochial schools under a legislative provision riddled with problems. The provision allowing schools to use federal funds to send a student to a private school, including a religious school, if they become a victim of a violent crime on school grounds, will do nothing to make our schools safer and will only divert crucial funding from our public school system. In addition, the language is overly broad. If a student is injured on school grounds, at any time, the student will be entitled to attend the school of his or her choice anywhere in the state. This provision would allow the child who gets into a fight following a weekend basketball game to enroll in a private school--free of charge. The amendment would even allow federal funds to be used to transport the student to the private schools, even though federal funds could not be used to transport a student to a public school within the student's current school district. Instead of pushing an overly broad voucher proposal which will damage our schools rather than improve them, we should focus on supporting violence and crime prevention programs for our youth. We should support community crime prevention activities that encourage parent and community involvement, and help communities and schools ensure that all children are safe all the time. For example, the juvenile crime bill-- that has been sitting in Conference since this summer--properly addresses school safety in a comprehensive manner. My Republican colleagues have blocked final passage of that bill. In addition, we should invest in initiatives such as the Safe and Drug-free Schools and after-school programs, since we know that most juvenile crimes occur between 3:00 and 8:00 p.m. As my colleague Senator Harkin pointed out, the Republican leadership passed a bill that allocates only 50% of the amount that the President requested for this purpose. Instead of draining much-needed resources from public schools, we should create conditions for improvement and reform--not in a few schools, but in all schools; not for a few students, but for all students. By attaching these voucher provisions and issues unrelated to meth and the underlying bankruptcy bill, this entire amendment has been poisoned. If the Majority Leader was serious about passing a meth bill to aid law enforcement and reduce meth abuse, he could have offered a meth bill as a freestanding bill. However, by offering it as a non- germane amendment to the bankruptcy bill, this meth bill has little chance of surviving a bankruptcy conference committee and is a shallow attempt to help the groups fighting the spread of drugs in our states. Like many of my colleagues here today, I am angry that the poison pill, added to this meth bill at the final hour, converted a good piece of legislation into a bill that I cannot vote for.

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Introductory Statement on S. 18921999-11-09

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I thank my colleague and very much appreciate the leadership he has shown on this important issue as well. This is a truly bipartisan effort we have made on behalf of New Mexico. This is not just an issue of the 106th Congress. This is an issue that our Sate has been pursuing for many decades. Back in the early 1960s, one of our predecessors in the Senate, Senator Clinton Anderson, made a valiant effort to bring the Baca Ranch into Federal ownership so the public could enjoy it and so its preservation could be assured for future generations. After 3 years of effort in that direction, he abandoned the effort because of the infighting that occurred among competing interests. Then, Mr. President, over two years ago I rose in this chamber to introduce a bill to authorize the acquisition of the Baca Location #1, a ranch which comprises about ninety percent of the magnificent Valles Caldera. Today I rise to cosponsor a bill with Sen. Domenici that will not only authorize purchase of the Baca Ranch, but also a unique method of management for this property. A world renowned volcanic caldera sweeping approximately fifty miles in circumference, the Valles Caldera is the ecological heart of the Jemez Mountains. It's unparalleled vast upland meadows broken by forested volcanic domes and intertwined with 27 miles of winding trout streams, are home to a stunning variety of wildlife including: mountain lions, black bear, whitetail deer, redtail hawks, eagles, and wild turkey. It has also been the breeding ground for one of the largest elk herds in the lower forty-eight states. There has been a desire on the part of the Dunigan family, the current owners of that land, to see that it go into public ownership, and the father of the of the current owners made that attempt before he died. They have recently decided they want to carry through with that wish of his and accordingly, as Senator Domenici indicated, the negotiations between the Dunigan family and the Federal Government have proceeded and now have come to a good resolution. This presents us with an incredible opportunity for the American people. The potential of this land is enormous: It could be used as a grassbank to allow ranchers to rest and rehabilitate hundreds of thousands of acres of public range land in New Mexico without having to lose production in the process; It could provide incredible opportunities for scientific study and education, in the geophysical and biological sciences; It currently is, and could continue to be, one of the premier hunting and fishing destinations in the country; It's scenic value makes it an ideal location for the film industry. In fact it has often been used as a backdrop for movies, TV series, and commercials; It presents amazing opportunities for outdoor recreation including, hiking, camping, horseback riding, cross-country skiing, and photography; and As with many of the scenic wonders in my home state of New Mexico, there are places within the caldera that are of tremendous cultural significance to various Native American tribes in the area. Clearly if this property were to be brought into public ownership it should be managed to preserve its incredible natural condition, while maintaining a balance with the various ways it could be used and enjoyed. The experiment called for in this bill sets out broad policy goals for the land (to preserve its natural treasures and to make it financially self-sustaining) and establishes a nine member board of trustees that shall set management policy for what would become the Valles Caldera Preserve. By requiring that each trustee have experience from differing but critical perspectives, this trust may be able to reach a balance that will meet the needs of the land and the public. The nine members of this board would include: (1) the Supervisor of the Santa Fe National Forest; (2) the Superintendent of Bandelier National Monument; (3) a person with expertise in range management and the livestock industry; (4) a person with expertise in fish and wildlife management including game and non-game species; (5) a person with expertise in sustainable forest management; (6) an active participant in a conservation organization; (7) a person with financial management and business expertise; (8) a person with expertise in the cultural and natural history of the region; and finally; (9) someone active in the State or local government in New Mexico familiar with the customs of the local area. At least five of these trustees would be required to be residents of New Mexico. It would be an experiment, and would expire within twenty years unless it proves successful and is renewed by Congress. A second part of this bill, not related to the management of the Valles Caldera Preserve, seeks to address the goal of the Federal land management agencies to consolidate their land holdings, by first helping to promote the sale of the widely scattered parcels of land that the Bureau of Land Management has designated ``suitable for disposal,'' and secondly by using the proceeds of those sales towards the acquisition of inholdings within our public lands, areas of critical environmental concern, and other lands of exceptional resource value. This program would be authorized for ten years. Just as the Baca Ranch can be seen as a large inholding surrounded by federal land which is worthy of public ownership, there are many other inholdings in our national parks, forests, wildlife refuges and public lands, where private owners are willing and eager to sell to government. At the same time, there are some two million acres of public land that the BLM has determined are too remote, isolated, or otherwise situated to make management more of a burden than a benefit to the Federal tax payer. Often these lands are small 20 and 40 acre parcels surrounded by, or forming checker boarded areas with, private or state land. Though consolidating these lands has long been a goal of Federal land managers, the costs of surveying the land for endangered species, archeological artifacts, and for the purpose of determining a fair market value has hampered these efforts. This bill would create a mechanism to accelerate this work. Mr. President, this bill is important because it holds the real promise of bringing the entire Valles Caldera into public ownership after so many failures in the past. It represents a compromise which Sen. Domenici and I have worked on with the Administration, the House Members of the New Mexico delegation, and with some consultation with the majority staff of the Energy & and Natural Resources Committee. We have also received innumerable comments from various constituencies. Like all negotiated legislation, each constituency and interest group would like to change a piece here or there. However, I believe it is overall a good bill which meets the broadest concerns raised by those constituencies and should be viewed as a whole rather than in pieces. My sincere hope is that we will be able to pass it substantially as it is early next session. The other issue that Senator Domenici spoke to is the appropriating of funding for the purchase. I also am extremely pleased with that. I know the administration has felt strongly that we should try to get the full funding for the purchase of the ranch accomplished in this session of the 106th Congress before we adjourn. I know Senator Domenici has worked hard to accomplish that. I also worked with the Appropriations Committee members and the administration to full fund this purchase. I am very pleased to know that we are going to see that full appropriation at such time as we have an Interior appropriations bill signed into law. This is an important effort for the State of New Mexico. I believe when the 106th Congress is finally completed, not the end of this week or next week but a year from now, when we look back and see what was accomplished in that 106th Congress that is important to the State of New Mexico and the people of New Mexico, this acquisition of the Baca Ranch will be at the top of the list. I very much appreciate the good bipartisan effort that has gone into this.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS1999-11-09

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I thank my colleague and very much appreciate the leadership he has shown on this important issue as well. This is a truly bipartisan effort we have made on behalf of New Mexico. This is not just an issue of the 106th Congress. This is an issue that our Sate has been pursuing for many decades. Back in the early 1960s, one of our predecessors in the Senate, Senator Clinton Anderson, made a valiant effort to bring the Baca Ranch into Federal ownership so the public could enjoy it and so its preservation could be assured for future generations. After 3 years of effort in that direction, he abandoned the effort because of the infighting that occurred among competing interests. Then, Mr. President, over two years ago I rose in this chamber to introduce a bill to authorize the acquisition of the Baca Location #1, a ranch which comprises about ninety percent of the magnificent Valles Caldera. Today I rise to cosponsor a bill with Sen. Domenici that will not only authorize purchase of the Baca Ranch, but also a unique method of management for this property. A world renowned volcanic caldera sweeping approximately fifty miles in circumference, the Valles Caldera is the ecological heart of the Jemez Mountains. It's unparalleled vast upland meadows broken by forested volcanic domes and intertwined with 27 miles of winding trout streams, are home to a stunning variety of wildlife including: mountain lions, black bear, whitetail deer, redtail hawks, eagles, and wild turkey. It has also been the breeding ground for one of the largest elk herds in the lower forty-eight states. There has been a desire on the part of the Dunigan family, the current owners of that land, to see that it go into public ownership, and the father of the of the current owners made that attempt before he died. They have recently decided they want to carry through with that wish of his and accordingly, as Senator Domenici indicated, the negotiations between the Dunigan family and the Federal Government have proceeded and now have come to a good resolution. This presents us with an incredible opportunity for the American people. The potential of this land is enormous: It could be used as a grassbank to allow ranchers to rest and rehabilitate hundreds of thousands of acres of public range land in New Mexico without having to lose production in the process; It could provide incredible opportunities for scientific study and education, in the geophysical and biological sciences; It currently is, and could continue to be, one of the premier hunting and fishing destinations in the country; It's scenic value makes it an ideal location for the film industry. In fact it has often been used as a backdrop for movies, TV series, and commercials; It presents amazing opportunities for outdoor recreation including, hiking, camping, horseback riding, cross-country skiing, and photography; and As with many of the scenic wonders in my home state of New Mexico, there are places within the caldera that are of tremendous cultural significance to various Native American tribes in the area. Clearly if this property were to be brought into public ownership it should be managed to preserve its incredible natural condition, while maintaining a balance with the various ways it could be used and enjoyed. The experiment called for in this bill sets out broad policy goals for the land (to preserve its natural treasures and to make it financially self-sustaining) and establishes a nine member board of trustees that shall set management policy for what would become the Valles Caldera Preserve. By requiring that each trustee have experience from differing but critical perspectives, this trust may be able to reach a balance that will meet the needs of the land and the public. The nine members of this board would include: (1) the Supervisor of the Santa Fe National Forest; (2) the Superintendent of Bandelier National Monument; (3) a person with expertise in range management and the livestock industry; (4) a person with expertise in fish and wildlife management including game and non-game species; (5) a person with expertise in sustainable forest management; (6) an active participant in a conservation organization; (7) a person with financial management and business expertise; (8) a person with expertise in the cultural and natural history of the region; and finally; (9) someone active in the State or local government in New Mexico familiar with the customs of the local area. At least five of these trustees would be required to be residents of New Mexico. It would be an experiment, and would expire within twenty years unless it proves successful and is renewed by Congress. A second part of this bill, not related to the management of the Valles Caldera Preserve, seeks to address the goal of the Federal land management agencies to consolidate their land holdings, by first helping to promote the sale of the widely scattered parcels of land that the Bureau of Land Management has designated ``suitable for disposal,'' and secondly by using the proceeds of those sales towards the acquisition of inholdings within our public lands, areas of critical environmental concern, and other lands of exceptional resource value. This program would be authorized for ten years. Just as the Baca Ranch can be seen as a large inholding surrounded by federal land which is worthy of public ownership, there are many other inholdings in our national parks, forests, wildlife refuges and public lands, where private owners are willing and eager to sell to government. At the same time, there are some two million acres of public land that the BLM has determined are too remote, isolated, or otherwise situated to make management more of a burden than a benefit to the Federal tax payer. Often these lands are small 20 and 40 acre parcels surrounded by, or forming checker boarded areas with, private or state land. Though consolidating these lands has long been a goal of Federal land managers, the costs of surveying the land for endangered species, archeological artifacts, and for the purpose of determining a fair market value has hampered these efforts. This bill would create a mechanism to accelerate this work. Mr. President, this bill is important because it holds the real promise of bringing the entire Valles Caldera into public ownership after so many failures in the past. It represents a compromise which Sen. Domenici and I have worked on with the Administration, the House Members of the New Mexico delegation, and with some consultation with the majority staff of the Energy & and Natural Resources Committee. We have also received innumerable comments from various constituencies. Like all negotiated legislation, each constituency and interest group would like to change a piece here or there. However, I believe it is overall a good bill which meets the broadest concerns raised by those constituencies and should be viewed as a whole rather than in pieces. My sincere hope is that we will be able to pass it substantially as it is early next session. The other issue that Senator Domenici spoke to is the appropriating of funding for the purchase. I also am extremely pleased with that. I know the administration has felt strongly that we should try to get the full funding for the purchase of the ranch accomplished in this session of the 106th Congress before we adjourn. I know Senator Domenici has worked hard to accomplish that. I also worked with the Appropriations Committee members and the administration to full fund this purchase. I am very pleased to know that we are going to see that full appropriation at such time as we have an Interior appropriations bill signed into law. This is an important effort for the State of New Mexico. I believe when the 106th Congress is finally completed, not the end of this week or next week but a year from now, when we look back and see what was accomplished in that 106th Congress that is important to the State of New Mexico and the people of New Mexico, this acquisition of the Baca Ranch will be at the top of the list. I very much appreciate the good bipartisan effort that has gone into this.

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Introductory Statement on S. 18831999-11-08

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to introduce a bill that seeks to remove an inequity in retirement pay benefits for critical personnel in our National Guard and Reserve units who are Dual Status Technicians. They are called ``Dual Status'', Mr. President, because they serve both as military and civilian personnel. There are about 40,000 Dual Status Technicians covered by retirement requirements and restrictions contained in Title 32 of the United States Code. These men and women are the backbone of the National Guard and Reserve structure. They are the mechanics, pilots, engineers, equipment operators, supply and support technicians who keep things running so that the Guard is able to respond to natural disasters and national emergencies, as well as serve on active duty in accordance with the ``total force concept'' that integrates active and reserve forces in the military. These hardworking men and women are often the first called to duty in an emergency. As essential as Dual Status Technicians are, they suffer from the worst of two employment worlds. These technicians are by statute both military and civilian employees. Guard technicians must maintain their military job and grade in order to keep their technician status and remain a federal employee. In the event of separation from military service, however, they are denied the retirement benefits of those who serve in the same grade in the active military. Frequently, Dual Status Technicians who are separated from the military must wait years to qualify for their Federal Service retirement benefits. The bill I am introducing in the Senate today is a companion bill already introduced on the House side by Representative Abercrombie. It seeks to eliminate retirement inequities--a problem we just addressed head on in the Armed Services Committee when we included a provision in this year's Defense Authorization Bill the eliminate retirement inequities between active duty personnel who retired before or after 1986. We voted this year to effectively eliminate the ``Redux'' retirement benefit program because of the lower benefits it offered to personnel who retired after 1986. The action I am proposing in this legislation is somewhat similar. This bill will permit Dual Status Technicians to retire at any age with 25 years of service or at 50 with 20 years of service. Those benefits are similar to benefits provided to Federal police and fire employees. They're similar to federal employees who retire from the Congress. I am pleased to see, Mr. President, that this year's Defense Authorization bill took a step to provide equitable benefits to Dual Status Technicians, but in doing so, it crated an inequity within the Technician community itself. A provision in the bill provides for early retirement after 25 years at any age, or at age 50 with 20 years of service--but only for those employed as Dual Status Technicians after 1996. Those same benefits are withheld from those employed before 1996. In other words, Mr. President, we created a situation similar to the one the Senate dealt with regarding the ``Redux'' retirement program in the Defense Authorization bill. The bill I offer today would remove that inequity in the same way the Senate voted to remove the inequity for active duty personnel who retired under the ``Redux'' program. Mr. President, the cost of equity is not high. An initial estimate by the Congressional Budget Office estimates that this bill could cost about $54 million over a five year period. That number will vary, of course, depending on the number of Technicians who would choose to take advantage of the change in the law when this bill is enacted. Of course, we're not only paying for equity here, Mr. President. We're paying appropriate, equitable compensation to the men and women who have devoted their careers to service for the nation both at home and abroad--our National Guard and Reserve who serve us all so well. I urge my colleagues to support this bill and urge my fellow Members to support this effort through cosponsorship.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS1999-11-08

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to introduce a bill that seeks to remove an inequity in retirement pay benefits for critical personnel in our National Guard and Reserve units who are Dual Status Technicians. They are called ``Dual Status'', Mr. President, because they serve both as military and civilian personnel. There are about 40,000 Dual Status Technicians covered by retirement requirements and restrictions contained in Title 32 of the United States Code. These men and women are the backbone of the National Guard and Reserve structure. They are the mechanics, pilots, engineers, equipment operators, supply and support technicians who keep things running so that the Guard is able to respond to natural disasters and national emergencies, as well as serve on active duty in accordance with the ``total force concept'' that integrates active and reserve forces in the military. These hardworking men and women are often the first called to duty in an emergency. As essential as Dual Status Technicians are, they suffer from the worst of two employment worlds. These technicians are by statute both military and civilian employees. Guard technicians must maintain their military job and grade in order to keep their technician status and remain a federal employee. In the event of separation from military service, however, they are denied the retirement benefits of those who serve in the same grade in the active military. Frequently, Dual Status Technicians who are separated from the military must wait years to qualify for their Federal Service retirement benefits. The bill I am introducing in the Senate today is a companion bill already introduced on the House side by Representative Abercrombie. It seeks to eliminate retirement inequities--a problem we just addressed head on in the Armed Services Committee when we included a provision in this year's Defense Authorization Bill the eliminate retirement inequities between active duty personnel who retired before or after 1986. We voted this year to effectively eliminate the ``Redux'' retirement benefit program because of the lower benefits it offered to personnel who retired after 1986. The action I am proposing in this legislation is somewhat similar. This bill will permit Dual Status Technicians to retire at any age with 25 years of service or at 50 with 20 years of service. Those benefits are similar to benefits provided to Federal police and fire employees. They're similar to federal employees who retire from the Congress. I am pleased to see, Mr. President, that this year's Defense Authorization bill took a step to provide equitable benefits to Dual Status Technicians, but in doing so, it crated an inequity within the Technician community itself. A provision in the bill provides for early retirement after 25 years at any age, or at age 50 with 20 years of service--but only for those employed as Dual Status Technicians after 1996. Those same benefits are withheld from those employed before 1996. In other words, Mr. President, we created a situation similar to the one the Senate dealt with regarding the ``Redux'' retirement program in the Defense Authorization bill. The bill I offer today would remove that inequity in the same way the Senate voted to remove the inequity for active duty personnel who retired under the ``Redux'' program. Mr. President, the cost of equity is not high. An initial estimate by the Congressional Budget Office estimates that this bill could cost about $54 million over a five year period. That number will vary, of course, depending on the number of Technicians who would choose to take advantage of the change in the law when this bill is enacted. Of course, we're not only paying for equity here, Mr. President. We're paying appropriate, equitable compensation to the men and women who have devoted their careers to service for the nation both at home and abroad--our National Guard and Reserve who serve us all so well. I urge my colleagues to support this bill and urge my fellow Members to support this effort through cosponsorship.

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Introductory Statement on S. 18741999-11-05

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to join with Senator Graham in introducing the ``Police Athletic League Youth Enrichment Act of 1999.'' The Police Athletic League (PAL) is a national organization that has been teaming up law enforcement with our nation's youth for the past 55 years. New Mexico is fortunate to have a statewide PAL program. The New Mexico PAL provides New Mexico's youth with a variety of after-school and summer activities. Last year, the New Mexico PAL provided hundreds of New Mexico kids with alternatives to getting into trouble. For these reasons, I am very proud to introduce the PAL Youth Enrichment Act with Senator Graham. In New Mexico, the PAL chapter has ten sites around the state: Santa Fe, Albuquerque, Gallup, Tohatchi, Bloomfield, Roswell, Dona Ana County, Clovis, Lordsburg and the Pueblo of Cochiti. The goal of the New Mexico PAL is to provide recreational, educational and cultural activities for at-risk youth ages five to eighteen with the intent of reducing negative behaviors and promoting healthy behavioral patterns. PAL aims to build self-esteem and resiliency in youth and provide positive alternatives to alcohol, drug use, delinquent behavior and violence. The New Mexico PAL sponsors sporting leagues throughout the year, participates in Sports Days during the summer, sponsors a one- week summer camp and offers ongoing mentoring opportunities for youth. The PAL volunteers not only play sports with the youth, but they fight for the youth. In Albuquerque, the PAL chapter aided in preserving the use of a baseball field for the youth sporting leagues. Last summer the New Mexico PAL held several Youth Sports Days that attracted between 40 and 150 kids in each community. In August, I attended the Youth Sports Day in Santa Fe. The daylong event provided the younger kinds in the community with a variety of sporting events, prizes and lunch. The kids and parents interacted with the law enforcement officers in a setting that allowed them to see the officers as community members, mentors and leaders. The New Mexico PAL also sponsors a week long summer camp, Camp Courage, each year at the Cochiti Lake. It is a reward camp for kids that have said ``no'' to antisocial behavior. More than one hundred kids participate in this program annually. Because a camp requires a lower adult child ratio, the local FBI agents, DEA agents and the National Guard joined with the local police and sheriffs in organizing a week of intense sporting activities. They also offered themselves as mentors and reachers for the youth. The commitment of these law enforcement officers to the youth of New Mexico is truly admirable. After seeing what the New Mexico PAL has accomplished, I have come to be a great supporter of PAL. I now want other communities around the nation to be able to benefit from the same programs and services and for more New Mexico communities to be able to start PAL programs. As I see it, a police officer's duty is primarily to protect a community. I look at PAL as law enforcement's way of helping protect the health of our kids--both the physical well being and the mental well being. The PAL Youth Enrichment Act will enable existing PAL to expand their services and provide seed money for new PAL in distressed communities, including many Native American communities. The goal is to provide seed money for fifty new chapters each year for the next five years. By providing $16 million annually for new and existing PAL, youth around the country will benefit from a combination of academic assistance; mentoring assistance; recreational and athletic activities; technology training; drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs, conflict resolution training; anger management; peer pressure training; and job skill preparation classes. Although PAL chapters consist of local law enforcement, they do not receive direct funding from the law enforcement agencies, and instead rely on the efforts of volunteers and fund-raising proceeds. Because of this funding situation, in 1977 I urged Congress to appropriate funds for the New Mexico PAL. In 1998 I succeeded in getting $1 million appropriated through the Commerce-Justice-State Appropriations bill for the New Mexico PAL program to expand the PAL services to communities around the State and to greatly enhance the current programs it offered. This money has enabled the New Mexico PAL to carry out its summer programs, its Camp Courage, and many other new activities. It also has allowed them to expand the program to tribal communities in northwest New Mexico, with the cooperation of the tribal police in those areas. The PAL Youth Enrichment Act will provide the funding needed to continue programs like the New Mexico PAL and will give other states the incentive to start up PAL programs in distressed communities. Kids need healthy alternatives to crime and assistance in dealing with their anger. Athletics and recreational activities like dancing and drama greatly improves one's well being--both physically and mentally--and give teens an outlet for their energy and anger. PAL's sports and recreational activities also help kids learn the importance of teamwork and help boost their self-esteem when they accomplish more than they thought possible. Many folks do not realize it but the PALs have produced some great athletes over the years. New Mexico is proud of its native son, Danny Romero Jr., a former two-time world boxing champion and an alumnus of the New Mexico PAL program. According to Danny's father, the PAL philosophy taught his son life skills that he could no have learned any where else and kept him out of trouble. Mr. President, I encourage the Senate to take up and pass this worthwhile legislation that expands a program with proven positive results. Just ask the 1.5 million children in more than 3,000 communities that the PAL program over the past 55 years has served. The PAL programs will change our youth's attitude toward police, will provide a variety of alternatives to criminal behavior and will positively influence a child's mental and physical well-being. I hope that my Senate colleagues will join me in supporting this important legislation

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS1999-11-05

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to join with Senator Graham in introducing the ``Police Athletic League Youth Enrichment Act of 1999.'' The Police Athletic League (PAL) is a national organization that has been teaming up law enforcement with our nation's youth for the past 55 years. New Mexico is fortunate to have a statewide PAL program. The New Mexico PAL provides New Mexico's youth with a variety of after-school and summer activities. Last year, the New Mexico PAL provided hundreds of New Mexico kids with alternatives to getting into trouble. For these reasons, I am very proud to introduce the PAL Youth Enrichment Act with Senator Graham. In New Mexico, the PAL chapter has ten sites around the state: Santa Fe, Albuquerque, Gallup, Tohatchi, Bloomfield, Roswell, Dona Ana County, Clovis, Lordsburg and the Pueblo of Cochiti. The goal of the New Mexico PAL is to provide recreational, educational and cultural activities for at-risk youth ages five to eighteen with the intent of reducing negative behaviors and promoting healthy behavioral patterns. PAL aims to build self-esteem and resiliency in youth and provide positive alternatives to alcohol, drug use, delinquent behavior and violence. The New Mexico PAL sponsors sporting leagues throughout the year, participates in Sports Days during the summer, sponsors a one- week summer camp and offers ongoing mentoring opportunities for youth. The PAL volunteers not only play sports with the youth, but they fight for the youth. In Albuquerque, the PAL chapter aided in preserving the use of a baseball field for the youth sporting leagues. Last summer the New Mexico PAL held several Youth Sports Days that attracted between 40 and 150 kids in each community. In August, I attended the Youth Sports Day in Santa Fe. The daylong event provided the younger kinds in the community with a variety of sporting events, prizes and lunch. The kids and parents interacted with the law enforcement officers in a setting that allowed them to see the officers as community members, mentors and leaders. The New Mexico PAL also sponsors a week long summer camp, Camp Courage, each year at the Cochiti Lake. It is a reward camp for kids that have said ``no'' to antisocial behavior. More than one hundred kids participate in this program annually. Because a camp requires a lower adult child ratio, the local FBI agents, DEA agents and the National Guard joined with the local police and sheriffs in organizing a week of intense sporting activities. They also offered themselves as mentors and reachers for the youth. The commitment of these law enforcement officers to the youth of New Mexico is truly admirable. After seeing what the New Mexico PAL has accomplished, I have come to be a great supporter of PAL. I now want other communities around the nation to be able to benefit from the same programs and services and for more New Mexico communities to be able to start PAL programs. As I see it, a police officer's duty is primarily to protect a community. I look at PAL as law enforcement's way of helping protect the health of our kids--both the physical well being and the mental well being. The PAL Youth Enrichment Act will enable existing PAL to expand their services and provide seed money for new PAL in distressed communities, including many Native American communities. The goal is to provide seed money for fifty new chapters each year for the next five years. By providing $16 million annually for new and existing PAL, youth around the country will benefit from a combination of academic assistance; mentoring assistance; recreational and athletic activities; technology training; drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs, conflict resolution training; anger management; peer pressure training; and job skill preparation classes. Although PAL chapters consist of local law enforcement, they do not receive direct funding from the law enforcement agencies, and instead rely on the efforts of volunteers and fund-raising proceeds. Because of this funding situation, in 1977 I urged Congress to appropriate funds for the New Mexico PAL. In 1998 I succeeded in getting $1 million appropriated through the Commerce-Justice-State Appropriations bill for the New Mexico PAL program to expand the PAL services to communities around the State and to greatly enhance the current programs it offered. This money has enabled the New Mexico PAL to carry out its summer programs, its Camp Courage, and many other new activities. It also has allowed them to expand the program to tribal communities in northwest New Mexico, with the cooperation of the tribal police in those areas. The PAL Youth Enrichment Act will provide the funding needed to continue programs like the New Mexico PAL and will give other states the incentive to start up PAL programs in distressed communities. Kids need healthy alternatives to crime and assistance in dealing with their anger. Athletics and recreational activities like dancing and drama greatly improves one's well being--both physically and mentally--and give teens an outlet for their energy and anger. PAL's sports and recreational activities also help kids learn the importance of teamwork and help boost their self-esteem when they accomplish more than they thought possible. Many folks do not realize it but the PALs have produced some great athletes over the years. New Mexico is proud of its native son, Danny Romero Jr., a former two-time world boxing champion and an alumnus of the New Mexico PAL program. According to Danny's father, the PAL philosophy taught his son life skills that he could no have learned any where else and kept him out of trouble. Mr. President, I encourage the Senate to take up and pass this worthwhile legislation that expands a program with proven positive results. Just ask the 1.5 million children in more than 3,000 communities that the PAL program over the past 55 years has served. The PAL programs will change our youth's attitude toward police, will provide a variety of alternatives to criminal behavior and will positively influence a child's mental and physical well-being. I hope that my Senate colleagues will join me in supporting this important legislation

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IN RECOGNITION OF LUIS ALBERTO ROBLES PADILLA, JR.1999-11-03

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, on September 9, 1999, I had the pleasure to be one of the keynote speakers at the Sixth Annual Scholarship Awards Banquet sponsored by the Hispanic College Fund, Inc. The Hispanic College Fund selects a student among the group of scholarship recipients to convey remarks on their behalf at the Annual Awards Banquet. Mr. Luis Robles, who attends Stanford University, where I attended Law School, spoke to the crowd of over one hundred people which included Members of Congress, Hispanic Business Leaders, friends of the Hispanic College Fund and family members of the award recipients. Even though Louis is not from my home state of New Mexico, I feel that it is important to recognize the dedication, hard work, and commitment that this young man has undertaken in his academics and in his life despite great adversity. The remarks that Luis made to those in attendance that night left the room in utter silence. His remarks, and those of the teacher who nominated him for the scholarship, show that nothing in life is unattainable. This young man serves as an example that if you believe in yourself, believe in hard work, and believe you can achieve your goals, you can do anything and be anyone you want to be. Mr. President, I respectfully ask that the attached statement which Mr. Robles made to the Sixth Annual Scholarship Awards Dinner and that of his teacher, Mr. David Layton, be printed in the Congressional Record. The statement follows: remarks by Luis Alberto Robles I remember the day well . . . a few weeks after weeks after Thanksgiving in 1986. The gray Seattle morning smelled like drizzle as my father, Luis, and my mother, Maria, escorted me along evergreen- lined 8th street, to the school bus stop for the very first time. The other children laughed and frolicked. But without knowing English, without knowing what they said, my parents and I only stared in wonder. Next thing I know the enormous school bus is pulling away, with me on board: frightened and alone. Hot tears streamed down my cheeks. The window was cold against my nose. My parents smiled worriedly, waved, and off I went . . . to Cherry Crest Elementary. I had no idea what the future held. I had no idea what graduation was, let alone college. I had no idea that some day in the distant future I would standing here before you tonight. Good evening. Buenas Tardes. My name is Luis Alberto Robles Padilla, Jr. I am a sophomore majoring in Industrial engineering at Stanford University. I feel very privileged to join you tonight, and am honored to be speaking on behalf on this year's scholarship recipients. On their and my behalf, I would like to offer a heartfelt thanks to the Hispanic College Fund, the corporate sponsors, the Board of Trustees, and American Airlines. I would also like to thank the Lockheed Martin Corporation, in particular, for my scholarship. The scholarship is a tremendous help to my family, and I am truly thankful. I would also like to share a part of my story: personal experiences that have shaped my life, ideas that have shaped what I believe, and people that have made me into the person that I am today. I will begin on December 17th, 1997, my 17th birthday: ``Dr. Johnson. . . . Dr. Johnson. . . .'' As I wearily walked down the artificially lit corridor, I realized someone was paging my father's doctor. I turned and ran towards the intensive care unit that I had left only a few minutes ago, towards my terrified mother and toward my father's labored breathing. The sterilized odor of Harrison Memorial Hospital overwhelmed me as I raced through a maze of white walls to confront his death. After bolting through heavy metal doors, I saw doctors and nurses rushing frantically around the room. I could only hear one sound. It filled the air, was audible above all the commotion, and drowned out the heavy pounding of my heart. The monotonous beep of the monitor meant ``Pappy'' was gone forever. While sitting next to him, a body drained of the warmth and energy I had always known, I focused at the crimson drops that stained the yellow linoleum floor and the crisp white sheets; slowly remembering what a terrible ordeal the past six weeks of hospitalization had been. My life had changed forever since the day I sped through traffic, with my Dad shivering in the back seat next to my worried mother. I was scared to death without even knowing that the killer was Leukemia. Although the chemotherapy proceeded well, it also gradually wore my father away. The first side effects were a loss of appetite, accompanied by nausea and vomiting. His hair fell out next, and I could tell my father's courage was beginning to waver. A look of pain and anguish had replaced his usual smile, and with each passing day, he looked more like my grandfather. It all seemed like a bad dream, both frightful and surreal. While packing his belongings, hours after he had passed away, I found a note intended for me. It was in Father's handwriting; blurry scribbles because the medicine made his hands shake. I sat down and cried because it said in Spanish, ``ya es tiempo de luchar,'' which means, ``it is time to take up the struggle.'' The poem he wrote to me, titled ``Oda a mi Hijo,'' ``Ode to my Son'' goes like this: Quiero cantarte una cancion, (I want to sing you a song) Desde lo mas profundo de mi alma, (From the deepest part of my soul) Brisa suave, que refresca y calma, (Soft breeze that refreshes and soothes) Tu tierra fecunda que riega mi oracion. (Your fertile soil that showers my prayer) El agua se hizo luz y dio una planta, (The water turned to light and created a plant) La tierra hecha vida, dio on rosal con un boton, (The soil transformed into life and bore a rose in full blossom) Carne de dos almas hecha con amor, (Flesh from two souls, made with love) Fue la suave brisa, que refresca y canta. (It was the soft breeze that refreshes and sings) Con el correr de los anos, pajaro se volvio, (As the years passed, it transformed into a bird) Dejar el nido quiere, hace el intento de volar, (Yearning to leave the nest, it attempts to fly) La brisa, el amor, el cielo derramo, (The breeze, the love, the heavens overflowed) El destino esta en tus manos, ya es tiempo de luchar. (Destiny is in your hands, its time to take up the struggle) I find it hard to understand Dad's absence, and that he left exactly on my seventeenth birthday. But though I miss him everyday, I am grateful for all the time we spent together and everything my father taught me. Through my family's Mexican restaurant, he showed me what Hispanic business leadership is: hard work, dedication, and most importantly, helping others and the community. My father pointed me in the right direction, and made me believe in myself. There is good in this beautiful world, and life will always receive my best effort. Rather than cause embarrassment, my heritage will always instill pride within me, and I will succeed. I know he is proud of me. Ultimately, by succeeding I hope to influence other Hispanics. When I look at many of my Hispanic peers, I see them giving up on school, giving up bright futures, and giving up their dreams. Their intellectual capacity has nothing to do with it, and the issue is complicated, yet they also do not have the support or the opportunities. At this point, I would like to thank my parents for their unending love, my family for their constant encouragement, and all of my friends for their help and support. I would also like to thank Mr. Paul Torno, who worked with me even after retiring. Special thanks to Mr. David Layton . . . . even though I lost my father, a great man and teacher, I am lucky to have found another great teacher, another great man. Finally, I thank my mother, an incredibly brave and strong woman. Most of all, however, I thank God all the blessings. I and the other scholarship recipients, as well as countless other Hispanics, are yearning to fly . . . trying to fly . . . learning to fly . . . Once again, I would like to thank the Hispanic College Fund, and its sponsors. We want to demonstrate that anything is possible by working hard and following our dreams. We want to see more Hispanics graduating from high school and college. We want to have more Hispanics in business and government positions. We want to truly thank all of you for helping us strive towards our goals. Thank you and good night.

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AFRICAN GROWTH AND OPPORTUNITY ACT1999-11-03

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to address the Trade Adjustment Assistance program. Let me begin by stating--as others have on this issue--that I believe strongly in the concept of free and fair trade, and I have always supported legislation that opens foreign markets, assures that trade agreements are enforceable, and provides the opportunity for competitive U.S. firms to do business overseas. I support legislation of this type because I feel that in the long run it increases the economic welfare of our nation and leads to substantial and measureable benefits for Americans. Exports now generate over one- third of all economic growth in the United States. Export jobs pay ten to fifteen percent more than the average wage. Depending upon who you listen to, it has generated anywhere from two to eleven million jobs over the last ten years. Without expanded trade brought on as a result of globalization, we will end up fighting over an ever-decreasing domestic economic pie. Trade is inevitable, it is the terms of trade that we debate. And this debate is important, because while many Americans are enjoying unprecedented opportunities as a result of the process of globalization, others are not so fortunate. Clearly, free trade has negative attributes, and the United States has not been immune to them. In my state alone over the last two years we have seen several thousand people laid off in trade-related plant closures--from high-tech to apparel to copper. Many more New Mexicans have been forced to find other work because they can no longer compete on an international basis. The vast majority of these people live in rural communities where there really isn't anything else for them to do in terms of employment. When I talk to these people, they ask me: Where am I supposed to work now? Where do I find a job with a salary that allows me to support a family, own a house, put food on the table, and live a decent life? Where are the benefits of free trade for me now that my company has gone overseas? What good are cheaper products when I no longer have a salary to pay for them? These are tough questions, especially from someone who is trying to pay a mortgage, or get their children an education, or buy food for the table, and they deserve an answer. In my opinion, the answer does not lie in protectionism, as many would suggest, because it is no longer a legitimate option. It is impossible to go back in time and trade only within our own borders. Instead the answer lies in the development of programs that provide people with the skills to be gainfully employed and provide companies with the tools so they can become internationally competitive. It is through workforce development and technological innovation. Globalization is inevitable. It is not going to stop. Therefore, the question for us in this Chamber is: How we can manage it to benefit the national interest of the United States? How can we make it work for our people? How can we establish an environment where high- wage jobs can be obtained and communities sustained? The Trade Adjustment Assistance program is supposed to do just that. As my good friend and colleague Senator Moynihan has pointed out on the floor many times, this program and its component parts are part of a very reasonable agreement with American workers and companies: If Americans lose their jobs as a result of trade agreements entered into by the U.S. Government, then the U.S. government should assist these Americans in finding new employment with equivalent or better wages. If the U.S. government supports an open trading system, it is responsible to repair the negative impacts this policy has on its citizens. If you lose a job because of U.S. trade policy, you should have some help from the U.S. Government in getting unemployment benefits and retraining to get a new job that pays you as much or more as you were getting before. And, since its inception, the Trade Adjustment Assistance program has attempted to do just that. It has over the years consistently helped individuals and companies in communities across the United States deal with the transitions that are an inevitable part of a changing international economic system. It helps people that can work and want to work to continue to work in productive jobs that contribute to the economic welfare of our country. But, as good as the Trade Adjustment Assistance program is, it is not without flaws, and these flaws frequently make the program difficult to use for those that need it most. Even worse, in some cases, it is simply unavailable for those who need it most. What are some concrete examples of these problems? In my state of New Mexico, we have over the last few years seen a serious lack of coordination between the federal and state agencies responsible for the provision of unemployment benefits and retraining, and we have seen a near complete incompatibility of application procedures. This lack of harmonization has made potential recipients run in circles to find information and advice that would help them find viable work. We have passed legislation that provides benefits to some individuals that are not available to others. For instance, the NAFTA Trade Adjustment Assistance program provides unemployment benefits and retraining for those who have been negatively impacted by trade or shifts in production overseas, but the Trade Adjustment Assistance program only provides retraining in the case of former, not the latter. Furthermore, secondary workers--individuals who with their company provide direct inputs into primary manufacturing facilities--are not eligible for any support at all, this in spite of the fact that they too may lose their jobs when a primary facility is forced to close. How do you explain these programmatic differences to workers who need help, and need it now? Another problem: Trade Adjustment Assistance provides assistance to workers in specific communities, but it does not provide assistance to those communities that have been significantly impacted by trade or shifts in production overseas. No evaluation of community needs, no strategic plan for economic development, no technical assistance to help a community recover from what has happened. Thus, while we provide federal funds so workers can retrain to find employment, in many cases there is no simply gainful employment to be had in the community. There is no work to retrain for that pays a living wage. In other words, there is no linkage between retraining programs and community workforce needs. Individuals thus have a choice: stay in town on unemployment until it runs out, take a lesser paying job that disallows them from providing for themselves and their family, or relocate to a region that has employment to offer. In either case, the community loses. And this is happening with disturbing frequency not only in New Mexico, but in rural communities across the United States. Ask any of my colleagues, and they will tell you they have heard the same story. I would argue that in some very specific cases foreign trade or the transfer of production overseas has had a such an impact on a community that it is analogous to a natural disaster. The impact on the community is so severe, pervasive, and painful that it is equivalent to a flood, tornado, or earthquake. In many cases, not just individuals, but an entire community has become dislocated, and is not prepared as a political or economic entity to take the steps needed to recover. Not only the individuals, but the community, needs help to get back on its feet. So what must be done in these circumstances? In this country we have organized a unique approach to first anticipate, and then respond to, natural disasters--the Federal Emergency Management Agency, or FEMA-- and it is designed to integrate the federal/state/local activities to obtain optimal recovery. Why not have this kind of coordinated program for trade? We organize this kind of response through the Department of Defense and the Office of Economic Adjustment when a military base closes in a community. Why not have such a program for communities affected by trade? I am not talking about giving funds to those in need in perpetuity. I am talking about establishing a coherent strategic plan with an entry and exit policy that helps individuals and communities develop a workforce plan, create good jobs for their citizens, and become viable economic competitors in the international marketplace. The time is ripe to examine these issues, and in my view it is time to think outside the box. There are too many inconsistencies in existing unemployment and re-training benefit programs--Trade Adjustment Assistance, NAFTA Trade Adjustment Assistance, the Job Training Partnership Act, the Workforce Investment Act, and unemployment insurance--and they must be examined so we can make them efficient and effective mechanisms for our workers. In my view, these problems are not necessarily the fault of the Department of Labor, which administers many of the programs I refer to today. The problems are indicative of an ad hoc approach to policy formation over the years, and it is time to align these programs so they will have the maximum benefit effect for those who need them. Trade Adjustment Assistance is an excellent idea and it has served us well, but it is time that it be refined to better fit the needs of an increasingly interdependent international political economy. To this end, I offer a very straightforward amendment today, and an action that I see as a first, but very important, step to more comprehensive Trade Adjustment Assistance reform. The immediate goal of the amendment is to obtain the information necessary to make informed decisions on how to proceed in future legislation. My amendment asks that the General Accounting Office study this issue, and, within nine months, offer Congress specific data and recommendations concerning the efficiency and effectiveness of federal inter-agency and federal and state coordination of unemployment and retraining activities associated with the following programs: the Trade Adjustment Assistance program, the NAFTA Trade Adjustment Assistance program, the Job Training Partnership Act, the Workforce Investment Act, and the Unemployment Insurance Program. The report will examine the activities since the enactment of the NAFTA agreement on January 1, 1994, and will include analysis of many of the issues I mentioned previously: the compatibility of program requirements and application procedures related to the unemployment and retraining of dislocated workers in the United States, the capacity of these programs to assist primary and secondary workers negatively impacted by foreign trade and the transfer of production to other countries, and the effectiveness of the aforementioned programs relative to the re-employment of United States workers dislocated by foreign trade and the transfer of production to other countries. This is an unambiguous and uncomplicated amendment, and it will help us chart a course for the future. Trade Adjustment Assistance is a necessary part of our national trade policy toolbox, and I believe it has done an admirable job over the years. But we all know it will become even more important as our country becomes more integrated into the global economy. For this reason, it is time that it be made more effective, and that its goals be better defined. I believe this amendment will assist us in this effort, and I hope that my colleagues will support the passage of this bill when it comes to a vote.

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Introductory Statement on S. 18061999-10-27

Mr. BINGAMAN

Mr. BINGAMAN. I thank the Senator from South Carolina very much. This legislation will move more quickly with him as a cosponsor. I also want to indicate that Senator Domenici is a cosponsor of this legislation, as well. As I say, I hope we can move ahead with it.

Mr. BINGAMAN. Mr. President, I rise today to introduce important legislation, of which Senator Hollings and Senator Cleland are also sponsors, recognizing the heroic contributions of American soldiers who served in Bataan and Corregidor during World War II. This legislation will provide a one time honorarium to those veterans who survived the notorious Death March and were made to work as slave labor in support of the Japanese war effort. Compensation awarded these heroes for their imprisonment has never approached the value of their sacrifices on behalf of our nation's liberty. As these legendary heroes approach the final chapters of their lives, if is fitting that the nation pay them special homage for their heroic deeds heretofore unrewarded. That's why I am introducing this legislation today--to salute these Americans in recognition of the great sacrifices they made for this nation. From December 1941 to April 1942, American military forces stationed in the Philippines fought valiantly against overwhelming Japanese military forces on the Bataan peninsula near Manila. Under severe combined attack of the Japanese forces, General Douglas MacArthur ordered U.S. troops to withdraw to the Bataan peninsula to form a strong defensive perimeter to protect the eventual evacuation of troops from the island. The U.S. forces fought for 3 months, considerably longer than the unfavorable troop balance would have suggested was possible. As a result of extending Japanese military resources during that crucial initial phase of the war in the Pacific, U.S. forces in Bataan and Corregidor prevented Japan from accomplishing critical strategic objectives that would have enabled them to capture Australia. Had the Japanese been able to accomplish their plans, their victory in the Philippines could have doomed Allied efforts in the Pacific from the very outset. On April 9, 1942, Major General Edward King, Commander of U.S. forces on the Bataan peninsula, ordered the troops to surrender rather than face certain slaughter on the battlefield. What followed was the tragic, infamous ``Death March'' of American prisoners from the Bataan peninsula to Camp O'Donnell of Manila. Some experts estimate that more than 10,000 Americans died on the 85-mile march to the prison camp. Many died of starvation or lack of water; some were executed on the spot by their Japanese captors. In June 1942, following the surrender of American troops of the Corregidor garrison, prisoners held at the O'Donnell Prisoner of War (POW) camp were joined with those captured at Corregidor and transferred to the Cabanatuan POW camp. In the fall of 1944, the Japanese transferred more than 1,600 prisoners from the Cabanatuan POW camp to ``hell ships'' destined for Japan, where prisoners were used as slave laborers working in mines, shipyards, and factories. In some cases, because the ``hell ships'' weren't marked, they were attacked and sunk by U.S. military aircraft. Mr. President, the heroic performance of our soldiers at Bataan and during incarceration in POW camps earned them well-deserved citations following the war. The 200th and 515th Coastal Artillery units from New Mexico that served to defend the retreating troops at Bataan received three Presidential Unit Citations and the Philippine Presidential Unit Citation for their heroism. New Mexico is particularly proud of these men whose heroism I seek to salute through this legislation today. Of the 25,000 American servicemen stationed in the Philippines at the outbreak of World War II, less than 1,000 are living today. These heroes deserve special recognition and gratitude from the American people beyond the symbolic recognition and remuneration they have heretofore received. In December, 1998, the Canadian Government approved a legislative measure to compensate their military veterans who had been captured by the Japanese during the fall of Hong Kong, and who subsequently provided slave labor in Japanese POW camps. The measure awarded approximately 700 qualified veterans and surviving spouses $15,600 each ``as an extraordinary payment to extraordinary individuals who suffered extraordinary treatment in captivity.'' The payment to Canadian veterans will total $11.7 million from Canadian federal funds, not from the Japanese Government. The Japanese Government considers their liability for treatment of POWs to have been settled by the treaty signed in 1952, compensating each prisoner of war for their time in captivity, but not for any slave labor that was performed. Last fall, Japan's high court rejected a compensation suit seeking redress filed by a coalition of former Allied prisoners on the basis of the 1952 treaty protecting Japan from further liability in post-war settlements. Mr. President in agreeing to provide their veterans with compensation for slave labor performed while in POW camps, the Canadian Government recognized that lengthy legal proceedings appealing the decision of the Japanese high court would likely be too drawn out to be beneficial to their aging veterans. As a result, the Canadian Government concluded that it was appropriate and honorable to recognize the heroic contributions of veterans who were made to perform slave labor simply out of recognition of the debt of gratitude owed to the veterans by the Canadian people. Our American veterans who served in Bataan and Corregidor and performed slave labor in Japanese mines, shipyards, and factories are in a similar predicament as their Canadian colleagues. These men have never been fully compensated for their heroism and sacrifices made while serving as slaves to their Japanese captors. The Japanese government has concluded that it is no longer liable for compensating such claims. Appealing the decision of the Japanese high court to further authority would take more time than many of our veterans have. Consequently, Mr. President, I believe that the American Government, just as the Canadian Government has done, should choose to recognize the contributions of the war heroes of Bataan and Corregidor. The legislation I am introducing today calls on the Congress to authorize payment of $20,000 to each veteran of Bataan or Corregidor who performed slave labor during World War II. The honorarium would also be extended to surviving spouses. This small token of appreciation would mean a great deal to these heroes and their families. I urge my colleagues to support the bill. I hope we can enact it in the near future.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS1999-10-27

Mr. BINGAMAN

Mr. BINGAMAN. I thank the Senator from South Carolina very much. This legislation will move more quickly with him as a cosponsor. I also want to indicate that Senator Domenici is a cosponsor of this legislation, as well. As I say, I hope we can move ahead with it.

Mr. BINGAMAN. Mr. President, I rise today to introduce important legislation, of which Senator Hollings and Senator Cleland are also sponsors, recognizing the heroic contributions of American soldiers who served in Bataan and Corregidor during World War II. This legislation will provide a one time honorarium to those veterans who survived the notorious Death March and were made to work as slave labor in support of the Japanese war effort. Compensation awarded these heroes for their imprisonment has never approached the value of their sacrifices on behalf of our nation's liberty. As these legendary heroes approach the final chapters of their lives, if is fitting that the nation pay them special homage for their heroic deeds heretofore unrewarded. That's why I am introducing this legislation today--to salute these Americans in recognition of the great sacrifices they made for this nation. From December 1941 to April 1942, American military forces stationed in the Philippines fought valiantly against overwhelming Japanese military forces on the Bataan peninsula near Manila. Under severe combined attack of the Japanese forces, General Douglas MacArthur ordered U.S. troops to withdraw to the Bataan peninsula to form a strong defensive perimeter to protect the eventual evacuation of troops from the island. The U.S. forces fought for 3 months, considerably longer than the unfavorable troop balance would have suggested was possible. As a result of extending Japanese military resources during that crucial initial phase of the war in the Pacific, U.S. forces in Bataan and Corregidor prevented Japan from accomplishing critical strategic objectives that would have enabled them to capture Australia. Had the Japanese been able to accomplish their plans, their victory in the Philippines could have doomed Allied efforts in the Pacific from the very outset. On April 9, 1942, Major General Edward King, Commander of U.S. forces on the Bataan peninsula, ordered the troops to surrender rather than face certain slaughter on the battlefield. What followed was the tragic, infamous ``Death March'' of American prisoners from the Bataan peninsula to Camp O'Donnell of Manila. Some experts estimate that more than 10,000 Americans died on the 85-mile march to the prison camp. Many died of starvation or lack of water; some were executed on the spot by their Japanese captors. In June 1942, following the surrender of American troops of the Corregidor garrison, prisoners held at the O'Donnell Prisoner of War (POW) camp were joined with those captured at Corregidor and transferred to the Cabanatuan POW camp. In the fall of 1944, the Japanese transferred more than 1,600 prisoners from the Cabanatuan POW camp to ``hell ships'' destined for Japan, where prisoners were used as slave laborers working in mines, shipyards, and factories. In some cases, because the ``hell ships'' weren't marked, they were attacked and sunk by U.S. military aircraft. Mr. President, the heroic performance of our soldiers at Bataan and during incarceration in POW camps earned them well-deserved citations following the war. The 200th and 515th Coastal Artillery units from New Mexico that served to defend the retreating troops at Bataan received three Presidential Unit Citations and the Philippine Presidential Unit Citation for their heroism. New Mexico is particularly proud of these men whose heroism I seek to salute through this legislation today. Of the 25,000 American servicemen stationed in the Philippines at the outbreak of World War II, less than 1,000 are living today. These heroes deserve special recognition and gratitude from the American people beyond the symbolic recognition and remuneration they have heretofore received. In December, 1998, the Canadian Government approved a legislative measure to compensate their military veterans who had been captured by the Japanese during the fall of Hong Kong, and who subsequently provided slave labor in Japanese POW camps. The measure awarded approximately 700 qualified veterans and surviving spouses $15,600 each ``as an extraordinary payment to extraordinary individuals who suffered extraordinary treatment in captivity.'' The payment to Canadian veterans will total $11.7 million from Canadian federal funds, not from the Japanese Government. The Japanese Government considers their liability for treatment of POWs to have been settled by the treaty signed in 1952, compensating each prisoner of war for their time in captivity, but not for any slave labor that was performed. Last fall, Japan's high court rejected a compensation suit seeking redress filed by a coalition of former Allied prisoners on the basis of the 1952 treaty protecting Japan from further liability in post-war settlements. Mr. President in agreeing to provide their veterans with compensation for slave labor performed while in POW camps, the Canadian Government recognized that lengthy legal proceedings appealing the decision of the Japanese high court would likely be too drawn out to be beneficial to their aging veterans. As a result, the Canadian Government concluded that it was appropriate and honorable to recognize the heroic contributions of veterans who were made to perform slave labor simply out of recognition of the debt of gratitude owed to the veterans by the Canadian people. Our American veterans who served in Bataan and Corregidor and performed slave labor in Japanese mines, shipyards, and factories are in a similar predicament as their Canadian colleagues. These men have never been fully compensated for their heroism and sacrifices made while serving as slaves to their Japanese captors. The Japanese government has concluded that it is no longer liable for compensating such claims. Appealing the decision of the Japanese high court to further authority would take more time than many of our veterans have. Consequently, Mr. President, I believe that the American Government, just as the Canadian Government has done, should choose to recognize the contributions of the war heroes of Bataan and Corregidor. The legislation I am introducing today calls on the Congress to authorize payment of $20,000 to each veteran of Bataan or Corregidor who performed slave labor during World War II. The honorarium would also be extended to surviving spouses. This small token of appreciation would mean a great deal to these heroes and their families. I urge my colleagues to support the bill. I hope we can enact it in the near future.

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HISPANIC HERITAGE MONTH1999-10-27

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I want to commemorate the 30-day period from September 15 through October 15 which was designated by the President as Hispanic Heritage Month. Around the country, and in my home state of New Mexico, Hispanics have been making outstanding contributions to public service, business, education, and to our communities. Hispanic Heritage Month signals a time of recognition and celebration of an enriched legacy, tradition, and culture that has been present in our country for over 400 years. We in New Mexico are well familiar with the fact that the Hispanic presence in the United States reaches far back to 1528, and in New Mexico to 1539. We also know that Hispanics have influenced greatly our architecture, food, clothing, literature, music, and certainly our family values. Many of our landmark cities have grown from early Spanish settlements; cities such as Los Angeles, San Antonio, San Francisco, and Santa Fe, to name only a few. Although we know that Hispanics make up the fastest-growing minority group in this country, and by 2025 will be the largest minority group in our national population growth, too many Americans still are not aware of the historic significance and contributions of Hispanics in American life. That is why Hispanic Heritage Month is important as a recognition of the accomplishments and contributions of Hispanics in our country. There are countless, New Mexicans who have contributed greatly to our Hispanic community through hard work and the belief that one can accomplish what one sets his or her mind to do. Today I'd like to mention two of these individuals from New Mexico, who have contributed to their communities and have made a difference in my home State. At the age of 5, Mike Lujan was already contributing to his family's household income to help support his parents and 14 siblings. Mike encountered difficulties in high school and graduated with a 1.7 grade- point-average. However, because of his determination Mike enrolled in college, sought tutoring, and this year, he will be celebrating a quarter century of teaching in the Santa Fe Public Schools. During his time as a teacher and head wrestling coach, Mike Lujan has been honored with USA Weekend's ``Most Caring Coach'' award and the national Jefferson Award given to ``a citizen who cares'' which is presented by a three-star general at the Pentagon. This past August, Mike's story was told in ``Vista'' a magazine which discusses Hispanic Issues and salutes Hispanics in a variety of areas. The article about Mike closes with a quote from him which says, ``One of the secrets for success is to remember your roots. Once you forget who you are, you can't help others.'' The second individual I would like to recognize is Tony Suazo, a native of Canjilon, located in northern New Mexico. Tony was recognized as 1 of 10 northern New Mexicans, by the Santa Fe New Mexican, for their volunteer and professional achievements in the community. Every Christmas, Tony Suazo walks through the streets of Espanola, NM, in a Santa Suit, with a bag of toys thrown over his shoulder. He plays Santa Claus at the ``Put a smile on a Child's Face'' annual children's Christmas party. This party draws about 3,000 people, and every child who walks through the door receives a gift. Every year leading up to this event, Tony closes his business 6 weeks before the Christmas party. He then runs around town faxing fliers about the event and collects the toys, to be given as gifts, in front of local shopping centers. You see, Mr. President, Tony Suazo and his wife close their business down 6 weeks prior to this event and live off their savings during that time. He does not miss his lost income because, as his wife puts it, ``His dream is to see every child, whether they are needy or not, have a toy.'' Tony has been awarded the Espanola Valley Chamber of Commerce's Man of the Year. These two individuals serve as an example of Hispanics who have been making contributions to our communities--believing in themselves, believing in hard work, and believing that they can achieve their goals. Mr. President, at this time let me just say a couple of sentences in Spanish because that is a very important part of the Spanish tradition in my State. Sr. Presidente, conozco solo una manera de rendir tributo a una cultura cuyo idioma es tradicionalmente sinonimo de identidad. El idioma espanol imparte un sentido de conciencia, historia y tradicion que en ingles, mi lengua materna, es a veces imposible expresar. Sin idioma no habrian anecdotas, y sin las anecdotas del dirigente Lujan, Tony Suazo y de un sinnumero de hispanos-americanos, nuestra nacion sin duda alguna experimentaria un vacio en la medula misma de su identidad. Let me just summarize that or translate it: Mr. President, there is only one way I know to pay full tribute to a culture for which language is often synonymous with identity. The Spanish language imparts a sense of feeling, history, and tradition, which my own native tongue of English often fails to convey. Without language, there would be no stories, and without the stories of Coach Lujan, Tony Suazo, and countless other Hispanic-Americans, our nation would surely suffer from the great void at the very heart of its identity. Mr. President, it is with great pride that I call on all my colleagues and on all Americans to join me even though I am a little late with this, in celebrating Hispanic Heritage Month and to come together as individuals, families, and communities to learn more about this extremely important culture in our country.

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AFRICAN GROWTH AND OPPORTUNITY ACT--Continued1999-10-27

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that Tony Martinez, a legislative assistant in my office, be allowed floor privileges during the pendency of this introduction.

Mr. BINGAMAN. Mr. President, I ask unanimous consent to be allowed to proceed as if in morning business for up to 12 minutes.

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IN RECOGNITION OF TPL, INC.1999-10-25

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I am pleased today to recognize TPL, Inc. in Albuquerque, NM who is a 1999 Tibbetts Award recipient and will be honored by the U.S. Small Business Administration at a congressional reception on Tuesday, October 26, 1999 here in Washington DC. The Fourth Annual Tibbets Award is presented by the Small Business Administration to firms that have attained high levels of success in research and development under the Small Business Innovation Research (SBIR) program and to organizations and individuals who have supported technological innovation. Moreover, those groups are judged on the economic impact of their technological innovations and overall business achievements. I feel that it is fitting that I recognize the 1999 Tibbetts Award recipient TPL, Inc. and its CEO Mr. H.M. (Hap) Stoller for their hard work that has led them to receive this prestigious national award. TPL, Inc. is a leading contractor for the Army and Navy in the demilitarization of conventional munitions as well as the development of economically viable processes for the commercial reuse of recovered energetic materials. TPL, under sponsorship of the Defense Threat Reduction Agency in the Military Capacitor Program, has developed the state-of-the-art in high energy density dielectric materials for capacitive devices and has begun their manufacture for advance weapons system programs. The technologies underlying these accomplishments were initiated under the SBIR Program. TPL was recently awarded a $38.4 million sub-contract from General Dynamics Ordnance Systems as part of their five-year, $145 million operational demilitarization contract from the U.S. Army's Industrial Operations Command. TPL will be totally responsible for three out of nine families of conventional munitions contained in the largest demilitarization program ever funded by the Army. Concurrently, through the Tri-Services Demilitarization Technology Office, the Navy is supporting three Phase III efforts to transition energetic materials resource recovery and reuse processes to pilot plant facilities, such processes designed to lower the cost of demilitarization activities as well as protect the environment by allowing demilitarization material reuse. These contracts reinforce TPL's position as an innovator in demilitarization processes, an activity that is essential in the rapidly changing international system. Additionally, the work associated with these contracts will be performed at Fort Wingate, New Mexico, bringing critically needed jobs to one of the more disadvantaged parts of the State. Mr. President, as you can see TPL, Inc. reflects the very best in SBIR achievement and has established itself as a strong national leader in technological innovation. In addition, TPL, Inc. was recognized in 1997 as one of the fastest growing technology companies in the State of New Mexico and in 1995, and again in 1996, was recognized as one of the fastest growing, privately held companies in the United States. Again, let me congratulate TPL, Inc. and its staff of their hard work, dedication, and commitment. They are a tremendous asset to their community and New Mexico, and we are extremely proud of their accomplishment.

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1999-10-25

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to pay tribute to the life of Thomas Bureau McDonald who died as a result of a tragic car accident on October 9, 1999 in Albuquerque, New Mexico at the age of 35. His parents, family, and friends have lost a very special person. New Mexico has lost a young and dedicated public servant whose passion was working with college students, strengthening and expanding higher education, and stressing the importance of attending college. Tom was a rising star among those interested in public service in New Mexico. He will be missed for his cheerful personality, his keen sense of humor, his political savvy, and his devotion to empowering students at the university and state level when it came to their education. Tom was never concerned with how much he could accomplish or who he could influence but, rather how he could live his life so when he was no longer serving in his appointed or elected capacities his ideas, dreams, and goals would be a reality. That reality was for children and their families living throughout New Mexico to have the opportunities in place to attend college to better themselves and to better their community. In life there are individuals who are concerned about being remembered for what they have done or still can do; Tom's only concern was being remembered for who he was--an outspoken leader on higher education and its students, a good son to his parents, a loving grandson to his grandmothers, and a trustworthy and loyal individual to his friends. Tom attended the University of New Mexico and graduated from Western New Mexico University in Silver City, New Mexico where I grew up as a child. During his years at Western, Tom was elected by his peers not just once but twice to serve as their student body president (1990- 1992). It was during this time that he eloquently presented a plan to the Board of Regents to build a new $3.5 million Student Union Building utilizing only student fees. Tom was fortunate to go back a few years ago to the dedication of this new building. While at the dedication ceremony he realized that what started as a vision, a risk, a challenge, turned into structure of unity where students, administrators, and community members could learn, work and just be together. Mr. President, from 1990 to 1992 Tom was appointed to two one year terms as the student member on the Governor's Commission on Higher Education by former Governor Bruce King. During his tenure, Tom transformed the way members of the Commission viewed student participation and input on higher education. Through his optimism, determination, and presence he created an identity for students around the state who were concerned about the quality of their education. That identity which Tom helped form not only exists before the Commission today, but before the State Legislature and Office of the Governor. From 1992 to 1993 Tom was elected by student representatives from New Mexico's two-year and four-year institutions as executive director of the Associated Students of New Mexico (ASNM). ASNM is a non-profit student organization that represents the interests of 100,000 students members enrolled in two-year and four-year institutions of higher learning before the New Mexico Commission on Higher Education, State Legislature and Office of the Governor. This organization has brought forth some of New Mexico's current and former state legislators, county commissioners, and public servants. Two of my current Washington DC staffers and one of my state staffers are former executive directors of this association. While serving as executive director, Tom always encouraged those he met to reach for their goals, pursue their dreams, and turn any rejection into motivation. He believed that what one does now to enhance their life will impact others in the future. He lived what he preached and what he did to enhance his life has left a lasting impact for students and their education throughout New Mexico. Tom received his Masters of Criminal Justice from New Mexico State University in 1996. He was also appointed by Governor Gary Johnson to serve a two-year term from 1994-1996 as the first voting student regent in the history of New Mexico State University. One year later in 1997, he was appointed by Governor Johnson to serve a full six-year term on the New Mexico Commission on Higher Education where he served until the time of his death. Mr. President, I would like to extend my condolences to his parents Clyde and Eileen and the entire McDonald family. I ask that my colleagues in the Senate join me in honoring the achievements and contributions in the life of this young and outstanding New Mexican.

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PARTIAL-BIRTH ABORTION BAN ACT OF 1999--Continued1999-10-21

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I believe that late-term abortion procedures should be used as sparingly as possible, when all other options have been ruled out. But I do believe that it should be permitted as a last resort, and that when doctors judge it necessary to save a woman's life or to avert grievous injury to the physical health of the mother, they should not be subject to criminal prosecution. That is why I cosponsored the Durbin amendment. This amendment outlaws all post-viability abortions, regardless of the procedure used, except to save the life of the mother or avert grievous injury to her physical health. It also requires that both the attending physician and an independent non-treating physician certify in writing that, in their medical judgment, the continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health. Grievous injury is defined as (1) a severely debilitating disease or impairment specifically caused or exacerbated by the pregnancy or (2) an inability to provide necessary treatment for a life-threatening condition, and is limited to conditions for which termination of the pregnancy is medically indicated. The underlying legislation, on the other hand, would not prevent a single late-term abortion as it is written. It only seeks to outlaw one procedure, which is broadly and vaguely defined. The term partial birth abortion is a political term, not a medical one. In fact, this legislation is written so vaguely that it is highly likely to be declared unconstitutional. In 19 of 21 states considering legislation similar to this legislation, courts have partially or fully enjoined the laws. These decisions have been made by judges who have been appointed by every President from President Reagan on. Further, Mr. President, the Constitution protects a woman's right to make decisions about her pregnancy up to the point that the fetus is viable. The bill before us, and similar state bills, are vague and broad enough that this basic right is not protected, according to the vast majority of judges ruling on these laws. For these reasons, I support the Durbin amendment and oppose the underlying bill.

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Introductory Statement on S. 17561999-10-20

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today I'm pleased to be joined by Senator Murray in introducing the ``National Laboratories Partnership Improvement Act of 1999''. This bill will make it easier for our national labs to collaborate and build strong technical relationships with other technical organizations, particularly universities and companies right near the labs. That will yield two major benefits. It will improve the labs' ability to do their missions, and it will promote high tech economic growth around the labs, thus, helping the labs as it helps the labs' communities. Many of you know that making it easier to work with our national labs is a cause I've pursued for many years. And we've made solid progress. The labs are now involved in an array of technical collaborations, usually under cooperative research and development agreements or CRADAs, that would have been impossible a decade ago. In 1989, there were no CRADAs with the Department of Energy's national labs; in 1998, the number was over 800. So, we've come a long way. But there's still work to be done. It's still not as easy to collaborate with the national labs as it should be, nor are collaborations as common as they need to be to keep our labs on the cutting edge of science and technology. This legislation takes the next steps in that direction. There are three fundamental ideas running through this bill. The first is that scientific and technical collaboration with the national labs is good for our economy and essential to the future of the labs. The labs will be unable to succeed in their missions unless they can easily work with other technical institutions. Why? Because that's where the bulk of cutting edge technology is today. Consider the following. Real federal spending on R&D peaked in 1987, but from 1987 to 1997, national R&D grew by 20%. The federal government was responsible for none of that growth, and now accounts for only about a quarter of national R&D spending. In the same period, industrial R&D grew by over 50% and accounted for around 95% of the growth in national R&D. As Nobel laureate Dr. Burt Richter stated during his testimony on DOE's reorganization, ``All of the science needed for stockpile stewardship in not in the weapons labs.'' That's why I was so concerned with the ability of the labs to collaborate during the reorganization debate. I emphasize how collaboration helps the labs because it's a point that's often missed in our discussions of tech transfer, CRADAs, and other such things. When legislation making it easier to work with the labs was passed in 1989, we were in the midst of a ``competitiveness crisis'' and looking for ways to use technology to improve our economic performance. After all, innovation is responsible for 50% or more of our long term economic growth. With these roots, people usually focus on how collaborating with the labs helps US industry by giving it access to a treasure trove of technology and expertise. For example, over a 100 new companies were started around DOE technology in the last four years. And, the fact that industry has been collaborating with the labs and recently paying for a greater share of those partnerships is good evidence that its getting something of value. The economic benefits from these collaborations are real and a primary reason I've pushed them for many years. But the benefits back to the labs are real too. A recent letter from Los Alamos to me stated, ``Working with industry has validated our ability to predict . . . changes in materials . . ., improved our ability to manufacture . . . replacement parts with greater precision and lower cost, and enhanced our ability to assure the safety and reliability of the stockpile without testing.'' As an example, Sandia's collaboration with Goodyear Tire has helped Goodyear produce computer simulations of tires--an extremely complex problem--and helped Sandia improve its modeling and production of neutron generators, a critical component of nuclear weapons. Technical collaborations with our labs that have a clear mission focus by the lab and a clear business focus by the company are good for our economy and good for the labs' missions. The second fundamental idea flows from the first. If collaborations with the labs are beneficial, we should keep working to make them better, faster, and more flexible--much like the collaborations we see sprouting throughout the private sector. Hence, this bill includes provisions to: Establish a small business advocate at the labs charged with increasing small business participation in lab procurement and collaborative research; Establish a technology partnership ombudsman at the labs to ensure that the labs are known as good faith partners in their technical relationships; Authorize DOE to use a very flexible contracting authority called ``other transactions,'' which was successfully pioneered by the Defense Advanced Research Projects Agency to manage some of its collaborative projects in innovative ways; and Significantly streamline the CRADA approval process for government owned, contractor operated laboratories like Sandia, allowing the labs to handle more of the routine CRADAs themselves, and allowing more flexibility in the negotiation of intellectual property rights--all to make CRADA's more attractive to industry. The third fundamental idea that runs through this bill is that if collaboration is important to our economy and to the success of the labs, then the local technical institutions near the lab--the universities and companies that might work with the lab--matter a great deal. We know that the environment inside an institution, how it's managed, will help determine how innovative it is. Managing innovation is more art than science, and that's why people are always visiting places like 3M. Well, just as the internal environment affects how innovative an organization is, its external environment, the organizations near it that might collaborate with it, also help determine how innovative it is. When the technical institutions in a region form a high quality, dynamic network, they can meld into what's been called a ``technology cluster'' that dramatically boosts innovation and economic growth throughout the region. We see this most famously in places like Silicon Valley, or Route 128, or Austin, TX. In most of these places, there is a large research university that serves as the anchor innovator seeding the cluster. With that phenomena in mind, this bill seeks to harness the power of technology clusters for the benefit of the labs' missions and the labs' communities, with the labs as the anchor innovator. The bill authorizes the labs to work with their local communities to foster commercially oriented technology clusters that will help them do their job. Projects under this ``Regional Technology Infrastructure Program'' would be cost shared partnerships between a lab and nearby organizations with the clear potential to help the lab achieve its mission, leverage commercial technology, and commercialize lab technology. This is not about outsourcing a lab's functions, but about promoting technical capabilities near the lab that are commercially viable and useful to the lab. Thus, the lab gets highly competent collaborators nearby and the region gets high tech economic growth. Let me give an example. Imagine a lab that does research in optics that has optics companies nearby. The lab and the companies discover they both need better training for their machinists and skilled workers. So they agree to set up and share the cost of an advanced training program for their workers at the local community college. This is good for the workers, good for the companies, good for the lab. Other types of projects this program might fund include: Local economic surveys and strategic planning efforts; Technology roadmaps for local industry; Personnel exchanges among local universities, firms, and the lab; Lab based small business incubators or research parks; and Joint research programs between a group of local firms and the lab. We have some real life examples of this kind of thinking in the research parks Sandia and Los Alamos are setting up to collaborate with industry and promote economic growth. And Argonne, Idaho National Engineering and Environmental Laboratory, and Sandia have programs to link their technology with venture capital, to get it into the marketplace, which can only help advance the lab's mission. This bill will encourage the labs to systematically experiment with more projects like those. Now, some might think that the Internet will make proximity irrelevant to collaboration. But that's not the case, as simple observation of Silicon Valley shows; it's not been dissipating, it's been growing. Close collaboration will remain easier among close neighbors, because it partly depends on people who know each other and are rooted in a community--which is why one provision of this bill is a study on how to ease employee mobility between the labs and nearby technical organizations. The Internet complements and strengthens collaborations, but is not a complete substitute for having collaborators nearby. Thus, even as the Internet grows in influence, it will still make sense to harness the power of technology clusters to help our labs do their jobs and to promote high tech economic growth in their communities. Mr. President, for many years I've pushed for and supported efforts to make it easier for our national labs to work with industry, universities, and other institutions. I've done this because I think it's good for the science and security missions of our labs, good for our economy, and good for my home state of New Mexico. I think this bill is a comprehensive package that will yield more of those benefits, and I urge my colleagues to join me in supporting it. Mr. President, I ask unanimous consent that the text of the bill, a summary, and letters of support for this bill from the Technology Industries Association of New Mexico and the City of Albuquerque be printed in the Record.

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