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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - March 08, 2000)

I conclude by recognizing in October our Vice President made a statement that he is going to do everything in his power to make sure there is no new drilling off our coastal areas relative to OCS lease sales. I think that statement is going to come back and haunt the administration and certainly haunt the Vice President because if we do not go for OCS activities, we are not going to go anywhere.

[Page: S1318]  GPO's PDF

I ask unanimous consent that a letter from the Sierra Club soliciting visitations to Washington to lobby Members of Congress be printed in the RECORD. The Sierra Club pays for all the meals, all the transportation, and all the lodging for these recruits it is simply reflective of the other point of view and that they are attempting to influence us on this issue. It is a good issue for revenue, for their membership.

I also ask unanimous consent to have printed in the RECORD a copy of the proposed lease sale by the Gwich'in people of Venetie for their lands on the North Slope that they hold, which is about 1.8 million acres. It is necessary that you understand the opposition. This will give you a point of view that, indeed, the opposition was prepared to lease their land. The only unfortunate problem was, there was no oil on it.

There being no objection, the material was ordered to be printed in the RECORD, as follows:

[From SC--Action Vol. II, January 6, 2000]

The Arctic Refuge Needs Your Help:

This February 5-9, the Sierra Club, together with the Alaska Wilderness League, the Wilderness Society and the National Audubon Society, is hosting another National Arctic Wilderness Week in Washington, DC. Support from the grassroots is the key to protecting the Arctic National Wildlife Refuge and its fragile coastal plain--and this gathering will help arm you with the skills and knowledge you need be build support in your own community.

HANDS-ON TRAINING

Arctic Wilderness Week is your introduction to the campaign to protect the Arctic Refuge and its vast array of wildlife--polar bears, grizzlies, caribou, and thousands of migratory birds--from the ravages of oil and gas development. If you can make it on Friday night, the training begins with a potluck dinner and a chance to meet other like-minded wilderness and environmental activists. Saturday and Sunday offer two full days of intensive skills training, including message development, media communications and legislative advocacy. All of it will be tied together with hands-on role playing and campaign planning exercises.

If you can stay longer, on Monday and Wednesday we'll brush up your lobbying skills. You'll be pounding the marble halls of Congress, meeting with your own Congressional Representatives and Senators or their staffs. It's your chance to make your voice heard!

WE'VE GOT YOU COVERED

We know your time is valuabel--so we don't ask you to cover all of your expenses for the trip. You pay a $40 registration fee (some scholarships available), and we'll pay for your travel to D.C., your hotel (two per room), a continental breakfast each morning, and several dinners. Unfortunately, space is limited. And we are making it a priority to bring in activists from a number of targeted states and media markets--where our public education efforts are most critical. To find out if you're eligible, contact Dana Wolfe of the Sierra Club at (202) 675-6690. We'll send you a packet of information about the battle to save the Arctic Refuge and a tentation agenda for the wilderness training.

Please join us in Washington and be a hero for America's great Arctic wilderness!

--

NATIVE VILLAGE OF VENETIE,

March 21, 1984.
To Whom It May Concern:

This letter is authorization for Donald R. Wright, as our consultant, to negotiate with any interested persons or company for the purpose of oil or gas exploration and production on the Venetie Indian Reservation, Alaska; subject to final approval by the Native village of Venetie Tribal Government Council.

--

Native Village of Venetie

REQUEST FOR PROPOSALS FOR OIL & GAS LEASES

The Native Village of Venetie Tribal Government hereby gives formal notice of intention to offer lands for competitive oil and gas lease. This request for proposals involves any or all of the lands and waters of the Venetie Indian Reservation, U.S. Survey No. 5220, Alaska, which aggregates 1,799,927.65 acres, more or less, and is located in the Barrow and Fairbanks Recording Districts, State of Alaska. These lands are bordered by the Yukon River to the South, the Christian River to the East, the Chandalar River to the West and are approximately 100 miles west of the Canadian border on the southern slope of the Brooks Range and about 140 miles East of the Trans-Alaska Pipeline. Communities in the vicinity of the proposed sale include Arctic Village, Christian and Venetie. Bidders awarded leases at this sale will acquire the right to explore for, develop and produce the oil and gas that may be discovered within the leased area upon specific terms and provisions established by negotiation, which terms and provisions will conform to the current Federal oil and gas lease where applicable.

Bidding method

The bidding method will be cash bonus bidding for a minimum parcel size of one-quarter of a township, or nine (9) sections, which is 5,760 acres, more or less, and a minimum annual rent of $2.00 per acre. There shall be a minimum fixed royalty of twenty percentum (20%).

Length of lease

All leases will have an initial primary term of five (5) years.

Other terms of sale

Any bidder who obtains a lease from the Native Village of Venetie Tribal Government as a result of this sale will be responsible for the construction of access roads and capital improvements as may be required. All operations on leased lands will be subject to prior approval by the Native Village of Venetie Tribal Government as required by the lease. Surface entry will be restricted only as necessary to protect the holders of surface interests or as necessary to protect identified surface-resource values.

Prior to the commencement of lease operations, an oil and gas lease bond for a minimum amount of $10,000.00 per operation is required. This bonding provision does not affect the Tribal Government's authority to require such additional unusual risk bonds as may be necessary.

Bidding procedure

Proposals must be received by 12:00 p.m. sixty (60) days from the date of this Request for Proposals, at the office of the Native Village of Venetie Tribal Government, Attention, Mr. Don Wright, S. R. Box 10402, 1314 Heldiver Way, Fairbanks, Alaska 99701, telephone (907) 479-4271.

Additional information

A more detailed map of reservation lands and additional information on the proposed leases are available to the bidders and the public by contacting Mr. Don Wright at the office identified above.

DATED this 2nd day of April, 1984.

Native Village of Venetie Tribal Government, Allen Tritt, Second Chief.

Donald R. Wright,
Authorized Consultant.

Mr. MURKOWSKI. I encourage my colleagues to look at this legislation and recognize that we have to decrease our dependence on imported oil. The best way to do that is to stimulate domestic production here at home. The Coastal Plain of ANWR is one way to do it.

I thank the Chair and wish everybody a good day.

By Mr. HUTCHINSON:

S. 2215. A bill to clarify the treatment of nonprofit entities as noncommercial educational or public broadcast stations under the Communications Act of 1934; to the Committee on Commerce, Science, and Transportation.

NONCOMMERCIAL BROADCASTING ELIGIBILITY ACT OF 2000

Mr. HUTCHINSON. Mr. President, in late-December 1999, the Federal Communications Commission took the unusual and aggressive step to restrict the programming of noncommercial television stations by not allowing certain types of religious programming.

Within the context of a license transfer involving a noncommercial television station in Pittsburgh, PA, the FCC attempted to establish guidelines for what they felt were ``acceptable'' educational religious programming.

The commission states in the Additional Guidance section of their decision document that, ``..... programming primarily devoted to religious exhortation, proselytizing, or statements of personally-held religious views or beliefs generally would not qualify as `general educational' programming.''

As a former religious broadcaster, this type of misguided agenda coming from a nonelected agency of the federal government is very disturbing. My office was flooded with letters and phone calls from Arkansans who were worried that the Federal Government had finally made an overt attempt to restrict what religious programming we watch on television or listen to on the radio.

Surprisingly, the national media remained strangely quiet despite the serious free speech implications and first amendment violation by the commission's ruling.

Soon after the FCC's controversial decision, I sent a letter to Chairman Kennard, along with Senators NICKLES, HELMS, ENZI, and INHOFE, criticizing the commission's actions. Congressman OXLEY introduced legislation in the House to address this issue.

Although I am a cosponsor of Senator BROWNBACK's companion bill to Congressman OXLEY's bill, I do not believe this legislation to prevent future attempts by the FCC to restrict religious programming goes far enough.

That is why I am introducing S. 2215, the ``Noncommercial Broadcasting Eligibility Act of 2000.''

[Page: S1319]  GPO's PDF

Simply put, my bill would effectively deny the FCC the ability to create new rules defining what is appropriate and eligible programming for noncommercial television and radio stations, while creating a ``clear and simple test'' and guidance as to what programming noncommercial television and radio broadcasters may broadcast.

This ``clear and simple test'' is based on the well-established guidelines from section 501(c)(3) and 513 (a) and (c) of the Internal Revenue Code of 1986.

By requiring the FCC to look to the well-established guidance used by the Internal Revenue Service and the courts in defining what is ``substantially related'' programming, my legislation gives noncommercial broadcasters the ability to broadcast programming that is ``substantially related'' to their tax-exempt purpose, whether it be educational, religious, or charitable.

It is clear that the FCC intended to restrict religious programming and may be inclined to do so in the future. The commission should not be allowed to circumvent the United States Constitution and pursue its own political agenda.

Again, the Noncommercial Broadcasting Eligibility Act of 2000 will help prevent future misguided attempts by the FCC to limit our rights which are protected by the first amendment to the United States Constitution.

I ask that my colleagues join me by cosponsoring this bill and making it clear that the Senate will not stand idly by as the FCC attempts to unilaterally decide what religious programming is in the public's best interest.

I think it is outrageous for a nonelected agency to decide that a church service is not educational or that certain choral presentations do not fit their accepted definition of religious education. It is time that we draw the line. This legislation will do that. I ask my colleagues to join me in it.

By Mr. CAMPBELL:

S. 2216. A bill to direct the Director of the Federal Emergency Management Agency to require, as a condition of any financial assistance provided by the Agency on a nonemergency basis for a construction project, that products used in the project be produced in the United States; to the Committee on Environment and Public Works.

THE FEDERAL EMERGENCY MANAGEMENT AGENCY BUY AMERICAN COMPLIANCE ACT

Mr. CAMPBELL. Mr. President, today I am introducing the Federal Emergency Management Agency Buy American Compliance Act, legislation which would apply the requirements of the Buy American Act to non-emergency Federal Emergency Management Agency (FEMA) assistance payments.

The Buy American Act was designed to provide a preference to American businesses in the federal procurement process. Currently, when FEMA awards grants for non-emergency projects, the agency itself adheres to the requirements of the Buy American Act. However, when FEMA awards taxpayer money to

state or local entities in the form grants, those entities are not similarly required to comply with the Buy American Act's standards. This disparity needs to be changed.

Mr. President, the Buy American Act's requirements should be applied to all FEMA non-emergency grants. It should not make a difference whether FEMA is directly spending federal tax dollars or passing those same federal tax dollars on to states or local governments for them to spend. The Buy American Act's standards should apply to all federal dollars distributed by FEMA for non-emergency situations, no matter who is spending it. It is only right that we ensure that the American people's federal tax dollars are spent according to the Buy American Act.

The Buy American Act is necessary to protect American firms from unfair competition from foreign corporations. Many of the nations we trade with have significantly lower labor costs than the United States. Without the safeguard provided by the Buy American Act foreign companies are able to underbid American companies on U.S. government contracts.

It is important to understand the Buy American Act's criteria for determining whether a product is foreign or domestic. The nation where the corporation is headquartered is irrelevant--the Buy American Act is focused upon the origin of the materials used in the construction project. In order to be considered an American product, the product in question has to fulfill the following two criteria; first; the product must be manufactured in the United States, and second; the cost of the components manufactured in the United States must constitute over 50 percent of the cost of all the components used in the item.

My proposed legislation would stipulate that federal funds distributed by FEMA as financial assistance could only be used for projects in which the manufactured products are American made, according to the criteria established by the Buy American Act. The House version of this legislation has been recently introduced by Congressman MICHAEL COLLINS of Georgia.

Mr. President, it does not make sense that the American people's hard earned tax dollars should be allowed to slip through a loophole that makes it possible for some entities to avoid the Buy American Act. The Buy American Act should apply to all who spend FEMA non-emergency funds. When these federal funds are passed down from FEMA to another government agency, those other government agencies should also be required to abide by the Buy America Act.

Mr. President, I introduce this legislation in order to ensure there is consistency in the law, with regard to FEMA and the provisions of the Buy American Act. I hope my colleagues will join me in supporting passage of this pro-American measure.

I ask unanimous consent that the bill I am introducing today be printed in the RECORD.

There being no objection, the bill was ordered to be printed in the RECORD, as follows:

S. 2216

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Emergency Management Agency Buy American Compliance Act''.

SEC. 2. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO FEMA ASSISTANCE.

(a) DEFINITIONS.--In this Act:

(1) AGENCY.--The term ``Agency'' means the Federal Emergency Management Agency.

(2) AGREEMENT.--The term ``Agreement'' has the meaning given the term in section 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2518).

(3) DIRECTOR.--The term ``Director'' means the Director of the Federal Emergency Management Agency.

(4) DOMESTIC PRODUCT.--The term ``domestic product'' means a product that is mined, produced, or manufactured in the United States.

(5) PRODUCT.--The term ``product'' means--

(A) steel;

(B) iron; and

(b) REQUIREMENT TO USE DOMESTIC PRODUCTS.--Except as provided in subsection (c), the Director shall require, as a condition of any financial assistance provided by the Agency on a nonemergency basis for a construction project, that the construction project use only domestic products.

(1) IN GENERAL.--Except as provided in paragraph (2), the requirements of subsection (b) shall not apply in any case in which the Director determines that--

(A) the use of a domestic product would be inconsistent with the public interest;

(B) a domestic product--

(i) is not produced in a sufficient and reasonably available quantity; or

(ii) is not of a satisfactory quality; or

(2) LIMITATION ON APPLICABILITY OF WAIVERS WITH RESPECT TO PRODUCTS PRODUCED IN CERTAIN FOREIGN COUNTRIES.--A product of a foreign country shall not be used in a construction project under a waiver granted under paragraph (1) if the Director, in consultation with the United States Trade Representative, determines that--

(A) the foreign country is a signatory country to the Agreement under which the head of an agency of the United States waived the requirements of this section; and

(B) the signatory country violated the Agreement under section 305(f)(3)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(f)(3)(A)) by discriminating against a domestic product that is covered by the Agreement.

(d) CALCULATION OF COSTS.--For the purposes of subsection (c)(1)(C), any labor cost involved in the final assembly of a domestic product shall not be included in the calculation of the cost of the domestic product.

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