E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, DECEMBER 7, 2004 No. 138 Senate The Senate met at 9:30 a.m. and was Let this season of peace on Earth bring RECOGNITION OF THE MAJORITY called to order by the President pro joy to our world and healing and hope LEADER tempore (Mr. STEVENS). to our hearts. Continue to bless our military men The PRESIDENT pro tempore. The PRAYER and women. Protect them from the majority leader is recognized. The Chaplain, Dr. Barry C. Black, of- dangers of the sea, land, and air, and fered the following prayer: from the violence of the enemy. Con- f Let us pray. sole all for whom December 7 is an an- Eternal Spirit, from whom all bless- nual reminder of pain and loss. We pray SCHEDULE ings flow, we receive today as a gift this in Your holy Name. Amen. from Your bounty. Help us to use these Mr. FRIST. Mr. President, this morn- precious hours and minutes for Your f ing we return for what I personally glory. Teach us to number our days hope—and we all hope—is a very short that we may have hearts of wisdom. PLEDGE OF ALLEGIANCE and productive session. We are cur- Lord, guide our Senators with The PRESIDENT pro tempore led the rently waiting on House action on the strength, courage, hope, and love. Em- Pledge of Allegiance, as follows: intelligence reform conference report, power them to build bridges that will I pledge allegiance to the Flag of the and that should occur today. We will keep America strong. Pull down walls United States of America, and to the Repub- consider that measure whenever it ar- of contention and replace them with lic for which it stands, one nation under God, rives from the House. After consulta- gates that lead to a productive harvest. indivisible, with liberty and justice for all. tions with the Democratic leadership,

NOTICE If the 108th Congress, 2d Session, adjourns sine die on or before December 10, 2004, a final issue of the Congres- sional Record for the 108th Congress, 2d Session, will be published on Monday, December 20, 2004, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 20. The final issue will be dated Monday, December 20, 2004, and will be delivered on Tuesday, December 21, 2004. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

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VerDate Aug 04 2004 02:26 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A07DE6.000 S07PT1 S11858 CONGRESSIONAL RECORD — SENATE December 7, 2004 we announced yesterday that there will spending bill. It will now be sent to the day and come to the floor and make be no rollcall votes today. We recog- President. It is a few weeks overdue, periodic announcements as to progress nize people’s schedules are complex and but at least it is done right. being made. people are coming back but that people The provision dealing with the Inter- are literally all over the country right nal Revenue Service is out of that bill. f now and waiting on House action. We learned how it was put in the bill. INTELLIGENCE REFORM Therefore, we felt it would be next to I am confident and hopeful that will LEGISLATION impossible to have a rollcall vote today not happen in the future. and so we let people know yesterday. I extend my appreciation to the Mr. FRIST. Mr. President, I wish to Further, we are in discussions and it Democratic leader of the House of Rep- make a statement with regard to what I regard as a truly historic point for is still possible for us to consider the resentatives, Representative PELOSI, intelligence reform conference report for making sure there was a vote on our Nation’s security as we complete without the need for a rollcall vote. this measure. It sends a good message action on the National Security Intel- That is under discussion, and we are to the people of America. ligence Reform Act of 2004. talking to all our Members. I did want I also extend my congratulations to Those people who have not been di- to mention that publicly early on so we Senators LIEBERMAN and COLLINS for rectly involved in the negotiations can continue that discussion over the their brilliant work on this 9/11 bill. We have followed it from afar and are course of today. had a true conference on that bill. No aware that an agreement—some people With regard to the schedule, because one can dispute there was anything would say a tentative agreement but there is some uncertainty, by neces- done in the darkness of night. The peo- an agreement—has been reached on sity, given the fact we must wait on ple appointed to that conference com- this National Security Intelligence Re- House action before bringing it to a mittee worked long and hard to come form Act. vote, I encourage all Members who up with what we will vote on either to- As just mentioned, it is our under- wish to speak on this legislation to night or tomorrow. standing that the conference report in come to the floor today and speak. Ear- There have been times when, on this all likelihood will be introduced and lier is preferable, in the event that side, we have complained how the con- passed in the House today. The Senate when a vote is scheduled, we would like ferences have worked. On that bill, it will then address the bill and send it to to move to that vote in a relatively ex- worked the way it is supposed to work. the President for his signature. peditious way. Senators LIEBERMAN and COLLINS have I extend my deep thanks and appre- If we are able to complete or able to worked well together. This legislation, ciation to Senators SUSAN COLLINS and clear the conference report, then it is while imperfect, is still in keeping with JOSEPH LIEBERMAN. Their steady lead- my hope we could pass the measure in the recommendations of the 9/11 Com- ership, their continued commitment, short order, and it would be my pref- mission, and the American people are and their constant focus on passage of erence to deal with it on a voice vote, going to be safer as soon as this legisla- this bill kept the whole process moving without a rollcall vote, if that is pos- tion is signed by the President. forward from day one, and I will review sible and if our colleagues agree to I say to my distinguished colleague, that history shortly. I thank them on that. the Republican leader, on our side the behalf of leadership, and America If a vote becomes necessary, then we only two requests for speeches I have thanks them. would, in all likelihood, schedule that on the 9/11 bill are Senator LEAHY, who The 9/11 intelligence bill constitutes vote for sometime tomorrow, and in wants to speak for a relatively short the most comprehensive and sweeping discussions with the Democratic lead- period of time, and Senator BYRD, who reform of the intelligence community ership, we would pick an appropriate will want to speak for a fairly long pe- since the National Security Act of 1947. time to do that. Again, we will do our riod of time. This bill sets into motion a variety of best to accommodate all our Members’ In addition, I have had requests from reforms that over time will greatly im- schedules, and we are working on that Senator DORGAN and Senator GRAHAM prove our Nation’s ability to fight the right now. of Florida that they want to be able to war on terror. I thank Governor Thom- In the interim, there are a few re- speak sometime during the day as in as Kean and Representative Lee Ham- maining legislative and executive mat- morning business. ilton for their dedicated leadership of ters we may be able to clear. We have Those are the only indications we the 9/11 Commission. They have done a been working on that over the course have today on this side of the aisle. As truly outstanding job. Their hard work of yesterday and today, and we will I indicated, Senator BYRD may want to and thorough analysis forms the basis continue to do that. We will process speak for an extended period of time. I of the 9/11 bill. many of those cleared items before we do not know if that means an hour, 2 The 9/11 Commission’s main rec- finish our business. We will not be tak- hours, or 3 hours, whatever it is. We ommendations that are addressed in ing up new business. We will be stress- will check with him and find out when this bill include the following: estab- ing the importance of finishing busi- he will be able to speak. lishment of a new director of national ness for this Congress, and, in all like- It is my understanding we could get intelligence who will oversee the intel- lihood, we will be doing that by the end the bill from the House sometime as ligence community with enhanced of the day tomorrow. We could even early as this afternoon. If that is the budgetary and personnel authorities; finish by the end of the day today. It case, then I hope there is a decision creation of a national counterterrorism depends on the House activity. made by those who, in the past, have center that will coordinate and unify I yield the floor, Mr. President. said they want a vote on this measure our counterterrorism efforts; ensure ef- fective information sharing and con- f whether they are going to require a vote. If they do, as I indicated to the duct strategic operation planning; ini- RECOGNITION OF THE ACTING Democrats, some people have to fly a tiation of a wide range of other meas- MINORITY LEADER long way to get back here for a vote to- ures to improve information sharing, The PRESIDENT pro tempore. The morrow. We will keep the Republican cooperation and coordination and team Chair recognizes the acting Democratic leader advised during the day as to work between agencies in the intel- leader. what we have on our side. ligence community, such as the CIA f The PRESIDENT pro tempore. The and the FBI; establishment of a civil Republican leader. liberties board and authority to des- COMPLETING SENATE ACTION Mr. FRIST. Mr. President, as you ignate an IG; and a provision that will Mr. REID. Mr. President, while the have just heard from both leaders, re- ensure that the chain of command is distinguished Republican leader is on quests have been made for people to preserved and that statutory respon- the floor, I wish to make a couple of come to the floor today. Although I sibilities on the heads of departments statements. It is good we finished, fi- know people’s schedules are so com- are not abrogated. nally, the bill on which the Presiding plicated, we will do our best to keep The legislation will also improve the Officer worked so hard, the Omnibus people posted over the course of the functioning of the FBI, enhance our

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.001 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11859 Nation’s transportation security, in- quired immediate action. It included After 2 weeks of negotiation, debate, cluding aviation and maritime secu- an extensive section on recommenda- and amendments, the Senate voted 96 rity; improve border and immigration tions to improve our Nation’s security. to 2 on October 6 to overhaul the Na- enforcement; and strengthen terrorism That same day I discussed with the tion’s intelligence community. Just prevention by tackling issues ranging Democratic leader the urgent need for after that, the Senate passed another from lone wolf terrorists and money the Senate to act and to act respon- important measure that, as the 9/11 laundering to terrorist hoaxes and peo- sibly and begin that action imme- Commission urged, made critical re- ple providing material support to the diately. forms in the Senate, this institution’s terrorists. Senator DASCHLE and I immediately oversight of the intelligence commu- The conference report also covers the set the process in motion for the Sen- nity and homeland security. This effort role of diplomacy, foreign aid, and the ate to respond legislatively, and in a was successfully led by Senator military in the war on terrorism and bipartisan manner, to the 9/11 Commis- MCCONNELL and Senator REID, and we addresses a variety of matters dealing sion’s report, and we did just that. give our appreciation and thanks to with national preparedness such as in- Given its central role in monitoring them. frastructure protection and commu- the organization and operations of the Today, after nearly 2 months of nications capabilities. Federal Government, we asked the tough and rigorous negotiation with I would be remiss if I did not mention Governmental Affairs Committee to the House, long hours and long week- this bill also includes a provision I in- take the lead on this issue. ends poring over the legislative text, troduced on the Senate floor, the es- Beyond the jurisdictional rationale we stand on the verge of one of the tablishment of a national counter- behind this decision, the Democratic most significant legislative accom- proliferation center. While the na- leader and I both had great confidence plishments of this Congress. Senators in the ability of its chair, Senator tional counterterrorism center focuses COLLINS and LIEBERMAN and their staffs SUSAN COLLINS, and the ranking mem- on the customers and the users of these have, again, served the Senate well. ber, Senator JOE LIEBERMAN, to forge dangerous technologies and materials, They made tough concessions, but they that strong bipartisan partnership to the counterproliferation center will did so by keeping our national security closely consult with the other key focus on shutting down the supply net- front and center at every moment. committees and to deliver a bill to the work and the brokers such as Paki- They labored tirelessly to get this bill Senate floor in a deliberate, timely, stani nuclear scientist AQ Khan. done. I appreciate their sacrifice of and bipartisan manner. We know our enemy is ruthless and is To the Nation’s great benefit, they many hours and weekends in service to seeking ways to maximize harm succeeded. Over the August recess, the our country. Likewise, Speaker DENNY HASTERT against the American people. In order Congress held two dozen committee has been constantly engaged in ever to stop them, we and our allies must hearings. We went nonstop. There was pushing Members and staff to reach a detect, deter, halt, and roll back the no rest. There has been no break in solution and to further improve the trafficking of weapons of mass destruc- consideration of this legislation since legislation. He has worked constantly tion and their delivery systems and re- the 9/11 Commission report, even dur- lated materials. We cannot allow the ing every recess. Over this August re- on this bill since early October. Be- terrorists to get their hands on these cess, four committees heard testimony cause of his leadership, Speaker materials. We know that if they do, from a multiple of witnesses. We had HASTERT has earned wide respect for they will endeavor to use them. hearings in the Governmental Affairs bringing this improved bill to the Counterproliferation is critical to Committee, the Intelligence Com- House floor, and because of his hard fighting and winning the war on terror. mittee, the Commerce Committee, and work it will easily enjoy majority sup- My provision gives the President the Armed Services Committee. Each port. I must also underscore that none of time and flexibility to establish the committee carefully examined the rec- center based on the findings of a com- ommendations of the 9/11 report. Some this would be possible were it not for mission he has looking into the issue of prepared their own bills. Others had the superb and unflagging leadership of weapons of mass destruction prolifera- their own legislative priorities. Sen- President Bush. His leadership was bold. His leadership called for meeting tion and to make sure it is well inte- ators COLLINS and LIEBERMAN then grated with this proliferation security pulled all of this information and all of the greatest challenge of our time: initiative, the PSI. these recommendations and proposals fighting the war on terror. He has Just as we must take the offensive in together and brought a bill to the Sen- stressed to me personally, again and the global war on terrorism, we must ate floor in early October. Major sec- again, the importance of passing this similarly take the offensive in stopping tions of the bill were improved by add- piece of legislation. I commend the the proliferation of weapons of mass ing titles taken from a separate bill President on his steady commitment to destruction. Our current nonprolifera- drafted by Senators MCCAIN and make America safer. On the day of the tion efforts are a good defense but they LIEBERMAN. attacks, President Bush recognized im- are not sufficient. We need a strong of- The McCain-Lieberman comprehen- mediately that we were at war. Since fense. A new national center aggres- sive bill included titles ranging from then, he has made tough decisions. He sively pursuing and coordinating transportation and aviation security to has made good decisions. Every day, counterproliferation is crucial. It is in foreign policy and diplomacy based on the President is following through to the bill and will be a part of this legis- the recommendations proposed by the use the full range of our resources to lation. 9/11 Commission. Senator MCCAIN de- combat the enemy. I am gratified by the bipartisan ef- serves great credit for being a driving In the 3 years since the 9/11 attacks, forts that have brought this reform, force behind the establishment of this we have learned much about our Na- along with the rest of the 9/11 bill, to Commission and for making sure the tion’s vulnerabilities, our strengths, fruition. We will see that bipartisan Commission’s recommendations were and the steps we must take to protect support play out in the vote later on considered by the Senate. ourselves. During this time, the Presi- this floor and on the floor of the House The Collins-Lieberman bill was fur- dent and his Cabinet have instituted a most likely later today. I thank my ther improved by amendments offered number of reforms, changes, and initia- colleagues on both sides of the aisle by Senator JOHN WARNER to ensure the tives that, as the 9/11 Commission re- and in both Houses of Congress for intelligence community’s support for ported, have made our Nation safer. their unflagging dedication and com- and link to the warfighter were sus- The President made further refine- mitment to America’s best interests. tained, by Senator PAT ROBERT to en- ments and reforms based on the find- In July, as the Congress was pre- sure the maximum efficiency and effec- ings of the 9/11 Commission. Many of paring to recess for the summer, the tiveness of the new organization, and these, such as making the Terrorist 9/11 Commission released its final re- by other Members, such as Senator JON Threat Integration Center more capa- port outlining the events leading up to KYL, Senator LEVIN, and numerous oth- ble and enhancing the powers of the the 9/11 attacks. This report identified ers from both parties, to ensure that DCI, were undertaken by Executive a number of serious failings that re- the Senate got this right. order in August of this year.

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.004 S07PT1 S11860 CONGRESSIONAL RECORD — SENATE December 7, 2004 Finally, I wish to thank the real he- The legislative clerk read as follows: Whereas Phuntsog Nyidron was arrested on roes behind this bill, the 9/11 families A resolution (H.J. Res. 102) recognizing the October 14, 1989, together with 5 other nuns, who pushed and persevered to get this 60th anniversary of the battle of Peleliu and for participating in a peaceful protest bill done. They turned their personal the end of the Imperial Japanese control of against China’s occupation of Tibet; Palau during World War II and urging the Whereas, on February 26, 2004, following a tragedy into public action so we all sustained international campaign on her be- could be safer. As public servant and Secretary of the Interior to work to protect the historic sites of the Peleliu Battlefield half, the Government of the People’s Repub- fellow citizen, I salute these out- National Historic Landmark and to establish lic of China released Phuntsog Nyidron from standing Americans. commemorative programs honoring the detention after she served more than 14 Strengthening America at home and Americans who fought there. years of her 16-year sentence; abroad, moving America forward in There being no objection, the Senate Whereas Tenzin Delek, a prominent Ti- pursuit of freedom and prosperity, and betan religious leader, and 3 other monks proceeded to consider the resolution. were arrested on April 7, 2002, during a night- protecting the American people and Mr. BURNS. This Senator recognizes our homeland—these have been the time raid on Jamyang Choekhorling mon- a good friend of mine from Billings, MT astery in Nyagchu County, Tibetan Autono- driving motivations of the 108th Con- who was involved in Peleliu with the mous Prefecture; gress. I am very proud to have been a U.S. Marine Corps. Whereas, following a closed trial and more part of this effort. I am proud to have I ask unanimous consent that the than 8 months of incommunicado detention, had that opportunity to lead the Sen- joint resolution be read the third time Tenzin Delek and another Tibetan, Lobsang ate during this momentous time. and passed, the preamble be agreed to, Dhondup, were convicted of inciting sepa- There is more to do. There is much the motion to reconsider be laid upon ratism and for their alleged involvement in a more to do. This is an ongoing process, the table, and any statements related series of bombings on December 2, 2002; Whereas Lobsang Dhondup was sentenced and we will not rest until our enemy is thereto be printed in the RECORD. vanquished. But in these final days, my to death and Tenzin Delek was sentenced to The PRESIDING OFFICER. Without death with a 2-year suspension; fellow Americans can take note of and objection, it is so ordered. Whereas the Government of the People’s comfort in this historic achievement. The joint resolution (H.J. Res. 102) Republic of China told senior officials of the Mr. President, I yield the floor and was read the third time and passed. United States and other governments that suggest the absence of a quorum. The preamble was agreed to. the cases of Lobsang Dhondup and Tenzin The PRESIDING OFFICER (Mr. f Delek would be subjected to a ‘‘lengthy re- CORNYN). The clerk will call the roll. view’’ by the Supreme People’s Court prior The legislative clerk proceeded to EXPRESSING THE SENSE OF THE to the death sentences being carried out; call the roll. SENATE REGARDING THE DE- Whereas the Supreme People’s Court never Mr. BURNS. Mr. President, I ask TENTION OF TIBETAN POLITICAL carried out this review, and Lobsang unanimous consent that the order for PRISONERS Dhondup was executed on January 26, 2003; Mr. BURNS. I ask unanimous consent Whereas the Government of the People’s the quorum call be rescinded. Republic of China has failed to produce any The PRESIDING OFFICER. Without that the Senate proceed to the imme- evidence that either Lobsang Dhondup or objection, it is so ordered. diate consideration of S. Res. 483, sub- Tenzin Delek were involved in the crimes for f mitted earlier today by Senator which they were convicted, despite repeated BROWNBACK. requests from officials of the United States RESERVATION OF LEADER TIME The PRESIDING OFFICER. The and other governments; The PRESIDING OFFICER. Under clerk will report the resolution by Whereas the Government of the People’s the previous order, the leadership time title. Republic of China continues to imprison Ti- The legislative clerk read as follows: betans for engaging in peaceful efforts to is reserved. protest China’s repression of Tibetans and A resolution (S. Res. 483) expressing the f preserve the Tibetan identity; sense of the Senate regarding the detention Whereas Tibetan political prisoners are MORNING BUSINESS of Tibetan political prisoners by the Govern- routinely subjected to beatings, electric ment of the People’s Republic of China. The PRESIDING OFFICER. Under shock, solitary confinement, and other forms the previous order, there will now be a There being no objection, the Senate of torture and inhumane treatment while in period for the transaction of morning proceeded to consider the resolution. Chinese custody; business until 12:30 p.m., with Senators Mr. BURNS. I ask unanimous consent Whereas the Government of the People’s permitted to speak for up to 10 min- that the resolution be agreed to, the Republic of China continues to exert control utes. preamble be agreed to, the motion to over religious and cultural institutions in reconsider be laid upon the table, and Tibet, abusing human rights through the f that any statements relating to this torture, arbitrary arrest, and detention without fair or public trial of Tibetans who ORDER OF PROCEDURE matter be printed in the RECORD. The PRESIDING OFFICER. Without peacefully express their political or religious Mr. BURNS. Mr. President, we have a views or attempt to preserve the unique Ti- little business to do before the Senate objection, it is so ordered. betan identity; and which has been cleared by both sides of The resolution (S. Res. 483) was Whereas the Government of the People’s the aisle. I ask unanimous consent we agreed to. Republic of China has paroled individual po- do that little piece of business, and The preamble was agreed to. litical prisoners for good behavior or for then I will make my statement. The resolution, with its preamble, medical reasons in the face of strong inter- This is December 7. It is the anniver- reads as follows: national pressure, but has failed to make the sary of the attack on Pearl Harbor, the S. RES. 483 systemic changes necessary to provide min- imum standards of due process or protec- Whereas, according to the Department of fateful day in 1941. tions for basic civil and political rights: State and international human rights orga- I ask unanimous consent we might do Now, therefore, be it that. nizations, the Government of the People’s Resolved, That it is the sense of the Senate The PRESIDING OFFICER. Without Republic of China continues to commit wide- spread and well-documented human rights that— objection, it is so ordered. abuses in Tibet; (1) the Government of the People’s Repub- f Whereas the People’s Republic of China has lic of China is in violation of international RECOGNIZING THE 60TH ANNIVER- yet to demonstrate its willingness to abide human rights standards by detaining and by internationally accepted standards of mistreating Tibetans who engage in peaceful SARY OF THE BATTLE OF freedom of belief, expression, and association activities to protest China’s repression of Ti- PELELIU by repealing or amending laws and decrees betans or promote the preservation of a dis- Mr. BURNS. I ask unanimous consent that restrict those freedoms; tinct Tibetan identity; that the Senate proceed to the consid- Whereas the Government of the People’s (2) sustained international pressure on the eration of H.J. Res. 102, which is at the Republic of China has detained hundreds of Government of the People’s Republic of Tibetan nuns, monks, and lay persons as po- China is essential to improve the human desk. litical prisoners for speaking out against rights situation in Tibet and secure the re- The PRESIDING OFFICER. The China’s occupation of Tibet and for their ef- lease of Tibetan political prisoners; clerk will report the resolution by forts to preserve Tibet’s distinct national (3) the Government of the United States title. identity; should—

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.006 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11861 (A) raise the cases of Tenzin Delek and lamic Front, government in Khartoum, Sudan, (11) In addition to the thousands of violent other political prisoners at every oppor- or any successor government formed on or after deaths directly caused by ongoing Sudanese tunity with officials from the People’s Re- the date of the enactment of this Act (other military and government-sponsored Janjaweed public of China; and than the coalition government agreed upon in attacks in the Darfur region, the Government of (B) work with other governments con- the Nairobi Declaration on the Final Phase of Sudan has restricted access by humanitarian cerned about human rights in China, includ- Peace in the Sudan signed on June 5, 2004). and human rights workers to the Darfur area ing the Tibet Autonomous Region and other (3) JEM.—The term ‘‘JEM’’ means the Justice through intimidation by military and security Tibetan areas, to encourage the release of and Equality Movement. forces, and through bureaucratic and adminis- political prisoners and promote systemic im- (4) SLA.—The term ‘‘SLA’’ means the Sudan trative obstruction, in an attempt to inflict the provement of human rights in China; and Liberation Army. most devastating harm on those individuals dis- (4) the Government of the People’s Repub- (5) SPLM.—The term ‘‘SPLM’’ means the placed from their villages and homes without lic of China should, as a gesture of goodwill Sudan People’s Liberation Movement. any means of sustenance or shelter. and in order to promote human rights, im- SEC. 3. FINDINGS. (12) The Government of Sudan’s continued mediately release all political prisoners, in- Congress makes the following findings: support for the Janjaweed and their obstruction cluding Tenzin Delek. (1) A comprehensive peace agreement for of the delivery of food, shelter, and medical care Sudan, as envisioned in the Sudan Peace Act to the Darfur region is estimated by the World f (50 U.S.C. 1701 note) and the Machakos Protocol Health Organization to be causing up to 10,000 TO AUTHORIZE GRANTS TO ES- of 2002, could be in jeopardy if the parties do deaths per month and, should current condi- TABLISH ACADEMIES FOR not implement and honor the agreements they tions persist, is projected to escalate to thou- TEACHERS AND STUDENTS OF have signed. sands of deaths each day by December 2004. (2) Since seizing power through a military AMERICAN HISTORY AND CIVICS (13) The Government of Chad served an im- coup in 1989, the Government of Sudan repeat- portant role in facilitating the humanitarian Mr. BURNS. I ask unanimous consent edly has attacked and dislocated civilian popu- cease-fire (the N’Djamena Agreement dated that the Senate proceed to the imme- lations in southern Sudan in a coordinated pol- April 8, 2004) for the Darfur region between the diate consideration of H.R. 5360, which icy of ethnic cleansing and genocide that has Government of Sudan and the two opposition was received from the House. cost the lives of more than 2,000,000 people and rebel groups in the Darfur region (the JEM and displaced more than 4,000,000 people. The PRESIDING OFFICER. The the SLA), although both sides have violated the (3) In response to two decades of civil conflict cease-fire agreement repeatedly. clerk will report the resolution by in Sudan, the United States has helped to estab- (14) The people of Chad have responded cou- title. lish an internationally supported peace process rageously to the plight of over 200,000 Darfur The legislative clerk read as follows: to promote a negotiated settlement to the war refugees by providing assistance to them even A resolution (H.R. 5360) to authorize grants that has resulted in a framework peace agree- though such assistance has adversely affected to establish academies for teachers and stu- ment, the Nairobi Declaration on the Final their own means of livelihood. dents for American history and civics, and Phase of Peace in the Sudan, signed on June 5, (15) On September 9, 2004, Secretary of State for other purposes. 2004. Colin Powell stated before the Committee on (4) At the same time that the Government of Foreign Relations of the Senate: ‘‘When we re- There being no objection, the Senate Sudan was negotiating for a comprehensive and viewed the evidence compiled by our team, along proceeded to consider the resolution. all inclusive peace agreement, enumerated in the with other information available to the State Mr. BURNS. I ask unanimous consent Nairobi Declaration on the Final Phase of Peace Department, we concluded that genocide has that the bill be read the third time and in the Sudan, it refused to engage in any mean- been committed in Darfur and that the Govern- passed, the motion to reconsider be ingful discussion with regard to its ongoing ment of Sudan and the [Janjaweed] bear respon- laid upon the table, and that any state- campaign of ethnic cleansing and genocide in sibility—and genocide may still be occurring.’’. ments relating to this bill be printed in the Darfur region of western Sudan. (16) The African Union has demonstrated re- (5) The Government of Sudan reluctantly newed vigor in regional affairs through its will- the RECORD. agreed to attend talks to bring peace to the ingness to respond to the crisis in the Darfur re- The PRESIDING OFFICER. Without Darfur region only after considerable inter- gion, by convening talks between the parties objection, it is so ordered. national pressure and outrage was expressed and deploying several hundred monitors and se- The bill (H.R. 5360) was read the third through high level visits by Secretary of State curity forces to the region, as well as by recog- time and passed. Colin Powell and others, and through United nizing the need for a far larger force with a Nations Security Council Resolution 1556 (July broader mandate. f 30, 2004). (17) The Government of Sudan’s complicity in COMPREHENSIVE PEACE IN SUDAN (6) The Government of the United States, in the atrocities and genocide in the Darfur region ACT OF 2004 both the executive branch and Congress, has raises fundamental questions about the Govern- concluded that genocide has been committed ment of Sudan’s commitment to peace and sta- Mr. BURNS. I ask unanimous consent and may still be occurring in the Darfur region, bility in Sudan. that the Chair now lay before the Sen- and that the Government of Sudan and militias SEC. 4. SENSE OF CONGRESS REGARDING THE ate the House message to accompany supported by the Government of Sudan, known CONFLICT IN DARFUR, SUDAN. S. 2781. as the Janjaweed, bear responsibility for the (a) SUDAN PEACE ACT.—It is the sense of Con- There being no objection, the Pre- genocide. gress that the Sudan Peace Act (50 U.S.C. 1701 (7) Evidence collected by international observ- note) remains relevant and should be extended siding Officer (Mr. CORNYN) laid before ers in the Darfur region between February 2003 to include the Darfur region of Sudan. the Senate the following message from and November 2004 indicate a coordinated effort (b) ACTIONS TO ADDRESS THE CONFLICT.—It is the House of Representatives: to target African Sudanese civilians in a the sense of Congress that— S. 2781 scorched earth policy, similar to that which was (1) a legitimate countrywide peace in Sudan Resolved, That the bill from the Senate (S. employed in southern Sudan, that has destroyed will only be possible if those principles enumer- 2781) entitled ‘‘An Act to express the sense of African Sudanese villages, killing and driving ated in the 1948 Universal Declaration of Congress regarding the conflict in Darfur, away their people, while Arab Sudanese villages Human Rights, that are affirmed in the Sudan, to provide assistance for the crisis in have been left unscathed. Machakos Protocol of 2002 and the Nairobi Dec- Darfur and for comprehensive peace in (8) As a result of this genocidal policy in the laration on the Final Phase of Peace in the Sudan, and for other purposes’’, do pass with Darfur region, an estimated 70,000 people have Sudan signed on June 5, 2004, are applied to all the following amendment: died, more than 1,600,000 people have been inter- of Sudan, including the Darfur region; Strike out all after the enacting clause and nally displaced, and more than 200,000 people (2) the parties to the N’Djamena Agreement insert: have been forced to flee to neighboring Chad. (the Government of Sudan, the JEM, and the (9) Reports further indicate the systematic SLA) must meet their obligations under that SECTION 1. SHORT TITLE. rape of thousands of women and girls, the ab- Agreement to allow safe and immediate delivery This Act may be cited as the ‘‘Comprehensive duction of women and children, and the de- of all humanitarian assistance throughout the Peace in Sudan Act of 2004’’. struction of hundreds of ethnically African vil- Darfur region and must expedite the conclusion SEC. 2. DEFINITIONS. lages, including the poisoning of their wells and of a political agreement to end the genocide and In this Act: the plunder of their crops and cattle upon conflict in the Darfur region; (1) APPROPRIATE CONGRESSIONAL COMMIT- which the people of such villages sustain them- (3) the United States should continue to pro- TEES.—The term ‘‘appropriate congressional selves. vide humanitarian assistance to the areas of committees’’ means the Committee on Foreign (10) Despite the threat of international action Sudan to which the United States has access Relations of the Senate and the Committee on expressed through United Nations Security and, at the same time, implement a plan to pro- International Relations of the House of Rep- Council Resolutions 1556 (July 30, 2004) and 1564 vide assistance to the areas of Sudan to which resentatives. (September 18, 2004), the Government of Sudan access has been obstructed or denied; (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov- continues to obstruct and prevent efforts to re- (4) the international community, including ernment of Sudan’’ means the National Con- verse the catastrophic consequences that loom African, Arab, and Muslim nations, should im- gress Party, formerly known as the National Is- over the Darfur region. mediately provide resources necessary to save

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.002 S07PT1 S11862 CONGRESSIONAL RECORD — SENATE December 7, 2004

the lives of hundreds of thousands of individ- provide assistance for Sudan as authorized in ‘‘(B) AVAILABILITY.—Amounts appropriated uals at risk as a result of the crisis in the Darfur paragraph (5) of this section— pursuant to the authorization of appropriations region; ‘‘(A) subject to the requirements of this sec- under subparagraph (A) are authorized to re- (5) the United States and the international tion, to support the implementation of a com- main available until expended. community should— prehensive peace agreement that applies to all ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In (A) provide all necessary assistance to deploy regions of Sudan, including the Darfur region; this section, the term ‘Government of Sudan’ and sustain an African Union Force to the and means the National Congress Party, formerly Darfur region; and ‘‘(B) to address the humanitarian and human known as the National Islamic Front, govern- (B) work to increase the authorized level and rights crisis in the Darfur region and eastern ment in Khartoum, Sudan, or any successor expand the mandate of such forces commensu- Chad, including to support the African Union government formed on or after the date of the rate with the gravity and scope of the problem mission in the Darfur region, provided that no enactment of the Comprehensive Peace in Sudan in a region the size of France; assistance may be made available to the Govern- Act (other than the coalition government agreed (6) the President, acting through the Sec- ment of Sudan. upon in the Nairobi Declaration on the Final retary of State and the Permanent Representa- ‘‘(2) CERTIFICATION FOR THE GOVERNMENT OF Phase of Peace in the Sudan signed on June 5, tive of the United States to the United Nations, SUDAN.—Assistance authorized under paragraph 2004).’’. (1)(A) may be provided to the Government of should— (2) CONFORMING AMENDMENTS.—Section 3 of (A) condemn any failure on the part of the Sudan only if the President certifies to the ap- such Act (50 U.S.C. 1701 note) is amended— Government of Sudan to fulfill its obligations propriate congressional committees that the (A) in paragraph (2), by striking ‘‘The’’ and under United Nations Security Council Resolu- Government of Sudan has taken demonstrable inserting ‘‘Except as provided in section 12, tions 1556 (July 30, 2004) and 1564 (September 18, steps to— the’’; and ‘‘(A) ensure that the armed forces of Sudan 2004), and press the United Nations Security (B) by adding at the end the following new and any associated militias are not committing Council to respond to such failure by imme- paragraph: atrocities or obstructing human rights monitors diately imposing the penalties suggested in ‘‘(4) SPLM.—The term ‘SPLM’ means the paragraph (14) of United Nations Security or the provision of humanitarian assistance; ‘‘(B) demobilize and disarm militias supported Sudan People’s Liberation Movement.’’. Council Resolution 1564; (b) REPORTING AMENDMENT.—The Sudan (B) press the United Nations Security Council or created by the Government of Sudan; ‘‘(C) allow full and unfettered humanitarian Peace Act (50 U.S.C. 1701 note) is amended by to pursue accountability for those individuals assistance to all regions of Sudan, including the striking section 8 and inserting the following: who are found responsible for orchestrating and Darfur region; ‘‘SEC. 8. REPORTING REQUIREMENTS. carrying out the atrocities in the Darfur region, ‘‘(D) allow an international commission of in- ‘‘(a) REPORT ON COMMERCIAL ACTIVITY.—Not consistent with relevant United Nations Secu- quiry to conduct an investigation of atrocities in later than 30 days after the date of the enact- rity Council Resolutions; and the Darfur region, in a manner consistent with ment of the Comprehensive Peace in Sudan Act (C) encourage member states of the United Na- United Nations Security Council Resolution 1564 of 2004, and annually thereafter until the com- tions to— (September 18, 2004), to investigate reports of pletion of the interim period outlined in the (i) cease to import Sudanese oil; and (ii) take the following actions against Suda- violations of international humanitarian law Machakos Protocol of 2002, the Secretary of nese Government and military officials and and human rights law in the Darfur region by State, in consultation with relevant United other individuals, who are planning, carrying all parties, to determine also whether or not acts States Government departments and agencies, out, or otherwise involved in the policy of geno- of genocide have occurred and to identify the shall submit to the appropriate congressional cide in the Darfur region, as well as their fami- perpetrators of such violations with a view to committees a report regarding commercial activ- lies, and businesses controlled by the Govern- ensuring that those responsible are held ac- ity in Sudan that includes— ment of Sudan and the National Congress countable; ‘‘(1) a description of the sources and current ‘‘(E) cooperate fully with the African Union, Party: status of Sudan’s financing and construction of the United Nations, and all other observer, mon- (I) freeze the assets held by such individuals infrastructure and pipelines for oil exploitation, itoring, and protection missions mandated to op- or businesses in each such member state; and the effects of such financing and construction (II) restrict the entry or transit of such offi- erate in Sudan; on the inhabitants of the regions in which the ‘‘(F) permit the safe and voluntary return of cials through each such member state; oil fields are located and the ability of the Gov- displaced persons and refugees to their homes (7) the President should impose targeted sanc- ernment of Sudan to finance the war in Sudan and rebuild the communities destroyed in the vi- tions, including a ban on travel and the freezing with the proceeds of the oil exploitation; olence; and of assets, on those officials of the Government of ‘‘(2) a description of the extent to which that ‘‘(G) implement the final agreements reached Sudan, including military officials, and other financing was secured in the United States or in the Naivasha peace process and install a new individuals who have planned or carried out, or with the involvement of United States citizens; coalition government based on the Nairobi Dec- otherwise been involved in the policy of geno- and laration on the Final Phase of Peace in the cide in the Darfur region, and should also freeze ‘‘(3) a description of the relationships between Sudan signed on June 5, 2004. Sudan’s arms industry and major foreign busi- the assets of businesses controlled by the Gov- ‘‘(3) CERTIFICATION WITH REGARD TO SPLM’S ernment of Sudan or the National Congress ness enterprises and their subsidiaries, includ- COMPLIANCE WITH A PEACE AGREEMENT.—If the ing government-controlled entities. Party; President determines and certifies in writing to (8) the Government of the United States ‘‘(b) REPORT ON THE CONFLICT IN SUDAN, IN- the appropriate congressional committees that CLUDING THE DARFUR REGION.—Not later than should not normalize relations with Sudan, in- the SPLM has not engaged in good faith nego- cluding through the lifting of any sanctions, 30 days after the date of the enactment of the tiations, or has failed to honor the agreements Comprehensive Peace in Sudan Act of 2004, and until the Government of Sudan agrees to, and signed, the President shall suspend assistance takes demonstrable steps to implement, peace annually thereafter until the completion of the authorized in this section for the SPLM, except interim period outlined in the Machakos Pro- agreements for all areas of Sudan, including the for health care, education, and humanitarian Darfur region; tocol of 2002, the Secretary of State shall pre- assistance. pare and submit to the appropriate congres- (9) those individuals found to be involved in ‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a date sional committees a report regarding the conflict the planning or carrying out of genocide, war after the President transmits the certification in Sudan, including the conflict in the Darfur crimes, or crimes against humanity should not described in paragraph (2), the President deter- region. Such report shall include— hold leadership positions in the Government of mines that the Government of Sudan has ceased ‘‘(1) the best estimates of the extent of aerial Sudan or the coalition government established taking the actions described in such paragraph, bombardment of civilian centers in Sudan by the pursuant to the agreements reached in the the President shall immediately suspend the Government of Sudan, including targets, fre- Nairobi Declaration on the Final Phase of Peace provision of any assistance to such Government quency, and best estimates of damage; and in the Sudan; and under this section until the date on which the ‘‘(2) a description of the extent to which hu- (10) the Government of Sudan has a primary President transmits to the appropriate congres- manitarian relief in Sudan has been obstructed responsibility to guarantee the safety and wel- sional committees a further certification that the or manipulated by the Government of Sudan or fare of its citizens, which includes allowing Government of Sudan has resumed taking such other forces, and a contingency plan to dis- them access to humanitarian assistance and actions. tribute assistance should the Government of providing them protection from violence. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. ‘‘(A) IN GENERAL.—In addition to any other Sudan continue to obstruct or delay the inter- (a) ASSISTANCE FOR THE CRISIS IN DARFUR AND funds otherwise available for such purposes, national humanitarian response to the crisis in FOR COMPREHENSIVE PEACE IN SUDAN.— there are authorized to be appropriated to the Darfur. (1) IN GENERAL.—The Sudan Peace Act (50 President— ‘‘(c) DISCLOSURE TO THE PUBLIC.—The Sec- U.S.C. 1701 note) is amended by adding at the ‘‘(i) $100,000,000 for fiscal year 2005, and such retary of State shall publish or otherwise make end the following new section: sums as may be necessary for each of the fiscal available to the public each unclassified report, ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN years 2006 and 2007, unless otherwise author- or portion of a report that is unclassified, sub- DARFUR AND FOR COMPREHENSIVE ized, to carry out paragraph (1)(A); and mitted under subsection (a) or (b).’’. PEACE IN SUDAN. ‘‘(ii) $200,000,000 for fiscal year 2005 to carry SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN ‘‘(a) ASSISTANCE.— out paragraph (1)(B), provided that no amounts DARFUR. ‘‘(1) AUTHORITY.—Notwithstanding any other appropriated under this authorization may be (a) SANCTIONS.—Beginning on the date that is provision of law, the President is authorized to made available for the Government of Sudan. 30 days after the date of enactment of this Act,

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.001 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11863 the President shall, notwithstanding paragraph bate, and that any statements related that the thousands of pension plan par- (1) of section 6(b) of the Sudan Peace Act (50 to this bill be printed in the RECORD. ticipants and retirees for the YMCA U.S.C. 1701 note), implement the measures set The PRESIDING OFFICER. Without continue to be able to count on their forth in subparagraphs (A) through (D) of para- objection, it is so ordered. benefits, ensuring the pension plan graph (2) of such section. The bill (H.R. 3204) was read the third may continue to operate as it has for (b) BLOCKING OF ASSETS.—Beginning on the date that is 30 days after the date of enactment time and passed. over 80 years. The Senate passed my of this Act, the President shall, consistent with f bill, S. 2589, by unanimous consent on the authorities granted in the International July 14 of this year, and I am pleased Emergency Economic Powers Act (50 U.S.C. 1701 TO HONOR AND THANK ROBERT that the House has recently passed et seq.), block the assets of appropriate senior RAY HOWE H.R. 5365, which closely follows the di- officials of the Government of Sudan. Mr. BURNS. Mr. President, I ask rection of the Senate legislation. I (c) WAIVER.—The President may waive the unanimous consent that the Senate worked together with fellow Senators, application of subsection (a) or (b) if the Presi- proceed to the immediate consider- including Senator GRAHAM of Florida, dent determines and certifies to the appropriate to move this process toward today’s congressional committees that such a waiver is ation of S. Res. 484, which was sub- in the national interest of the United States. mitted earlier today. hopeful conclusion. I want to stress (d) CONTINUATION OF RESTRICTIONS.—Restric- The PRESIDING OFFICER. The that this effort has been a very bipar- tions against the Government of Sudan that clerk will report the resolution by tisan effort, in both the House and Sen- were imposed pursuant to title III and sections title. ate, to produce a consensus solution 508, 512, and 527 of the Foreign Operations, Ex- The legislative clerk read as follows: and legislation. port Financing, and Related Programs Act, 2004 A resolution (S. Res. 484) to honor and I also thank Finance Committee (division D of Public Law 108–199; 118 Stat. 143), thank Robert Ray Howe. Chairman GRASSLEY and Ranking or any other similar provision of law, shall re- Member BAUCUS for their assistance in main in effect against the Government of Sudan There being no objection, the Senate proceeded to consider the resolution. bringing this bill to the floor today. and may not be lifted pursuant to such provi- This is a bill about protecting the re- sions of law unless the President transmits a Mr. BURNS. Mr. President, I ask tirement security for thousands of certification to the appropriate congressional unanimous consent that the resolution YMCA employees and retirees. I have committees in accordance with paragraph (2) of be agreed to, the motion to reconsider heard from Kentucky YMCA leaders section 12(a) of the Sudan Peace Act (as added be laid upon the table, and that any and employees—leaders such as R. Ste- by section 5(a)(1) of this Act). statements relating to this matter be (e) DETERMINATION.—Notwithstanding sub- phen Tarver of YMCA of Greater Louis- printed in the RECORD. section (a) of this section, the President shall ville, Dean Ehrenheim of the The PRESIDING OFFICER. Without continue to transmit the determination required Owensboro YMCA, and Kenneth objection, it is so ordered. under section 6(b)(1)(A) of the Sudan Peace Act Barnes, who runs the Chestnut Street (50 U.S.C. 1701 note). The resolution (S. Res. 484) was YMCA in Louisville, and countless SEC. 7. ADDITIONAL AUTHORITIES. agreed to, as follows: YMCA employees—about the impor- Notwithstanding any other provision of law, S. RES. 484 tance of protecting retirement secu- the President is authorized to provide assist- Whereas Assistant Chief Robert Ray Howe, rity. This legislation addresses a con- ance, other than military assistance, to areas a native of the State of Wyoming, was ap- that were outside of the control of the Govern- cern about the technical status of the pointed as a United States Capitol Police YMCA pension plan as a church plan, a ment of Sudan on April 8, 2004, including to Private on March 4, 1971; provide assistance for emergency relief, develop- Whereas Assistant Chief Howe, throughout type of pension plan offered by church- ment and governance, or to implement any pro- his career, has distinguished himself through es or associations of churches. This leg- gram in support of any viable peace agreement countless commendations and recognition islation will ensures that the YMCA at the local, regional, or national level in for professionalism and extraordinary serv- pension plan will be able to provide a Sudan. ice for the United States Capitol Police; secure retirement to the more than SEC. 8. TECHNICAL CORRECTION. Whereas Assistant Chief Howe, through ex- 80,000 plan participants. Section 12 of the International Organizations traordinary efforts and dedication during his I also thank the Treasury Depart- Immunities Act (22 U.S.C. 288f–2) is amended by outstanding career of over thirty (30) years, ment and IRS for their patience while striking ‘‘Organization of African Unity’’ and rose from the rank of private to the position the Congress worked through finding a inserting ‘‘African Union’’. of Assistant Chief of Police, the second in solution to ensure the YMCA pension Mr. BURNS. I ask unanimous consent command of the United States Capitol Po- lice; plan could continue to offer the bene- that the Senate concur in the House fits to its participants and retirees. amendment, the motion to reconsider Resolved, That the Senate hereby honors and thanks Robert Ray Howe and his family As I have stated, the YMCA pension be laid upon the table, and any state- for a lifelong professional commitment of plan is a very significant part of each ments relating to this bill be printed in service to the United States Capitol Police YMCA employee’s compensation pack- the RECORD. and the United States Congress. age, most of whom are modestly paid. I The PRESIDING OFFICER. Without f have heard from many of the Kentucky objection, it is so ordered. TREATING CERTAIN ARRANGE- YMCAs, and their employees, about the f importance of this pension plan to MENTS MAINTAINED BY THE their future. In Kentucky alone, there COMMEMORATING THE TERCENTE- YMCA RETIREMENT FUND AS are 19 YMCAs with over 485,000 mem- NARY OF THE BIRTH OF BEN- CHURCH PLANS FOR THE PUR- bers, and 918 pension plan participants, JAMIN FRANKLIN POSES OF CERTAIN PROVISIONS retirees or past employees who have OF THE INTERNAL REVENUE Mr. BURNS. Mr. President, I ask vested benefits. Today’s legislation is CODE OF 1986 unanimous consent that the Senate vitally important to the each and proceed to the immediate consider- Mr. BURNS. Mr. President, I ask every plan participant in Kentucky and ation of H.R. 3204, which is at the desk. unanimous consent that the Senate their families, and more than 80,000 The PRESIDING OFFICER. The proceed to the immediate consider- participants and retirees in the YMCA clerk will report the bill by title. ation of H.R. 5365, which is at the desk. pension plan, offering them financial The legislative clerk read as follows: The PRESIDING OFFICER. The and retirement security for their long A bill (H.R. 3204) to require the Secretary clerk will report the bill by title. service on behalf of our Nation’s of the Treasury to mint coins in commemo- The legislative clerk read as follows: YMCA. ration of the tercentenary of the birth of A bill (H.R. 5365) to treat certain arrange- In closing, I encourage all of my col- Benjamin Franklin, and for other purposes. ments maintained by the YMCA Retirement leagues to support this bill, and I am There being no objection, the Senate Fund as church plans for the purposes of cer- pleased that we are moving forward proceeded to consider the bill. tain provisions of the Internal Revenue Code with this legislation today and look Mr. BURNS. Mr. President, I ask of 1986, and for other purposes. forward to its enactment soon. unanimous consent that the bill be There being no objection, the Senate Mr. BURNS. Mr. President, I ask read three times, passed, and the mo- proceeded to consider the bill. unanimous consent that the bill be tion to reconsider be laid upon the Mr. BUNNING. Mr. President, I sup- read a third time and passed, the mo- table, with no intervening action or de- port H.R. 5365, a bill designed to ensure tion to reconsider be laid upon the

VerDate Aug 04 2004 02:26 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.001 S07PT1 S11864 CONGRESSIONAL RECORD — SENATE December 7, 2004 table, and that any statements relating ber 8, 1941, has been a bonus to me. He Mr. INHOFE. Mr. President, I ask to the bill be printed in the RECORD. and his two brothers were raised in unanimous consent that the order for The PRESIDING OFFICER. Without Saco, MT. All three of them were in the quorum call be rescinded. objection, it is so ordered. the Navy and on that ship, and it too The PRESIDING OFFICER (Mr. BEN- The bill (H.R. 5365) was read the third sank. All three survived that fateful NETT). Without objection, it is so or- time and passed. morning. dered. f They were young Americans, hit by f PEARL HARBOR DAY surprise. Now we are talking about an- TRIBUTE TO LES BROWNLEE other intelligence bill on the heels of 9/ Mr. BURNS. Mr. President, where 11. There were 3,581 killed, missing, and Mr. INHOFE. Mr. President, I wish to were you on December 7, 1941? There wounded. In my State alone, on the take a few minutes to speak about a truly remarkable American who, after are some of us who can remember that USS Arizona, Montana lost seven of its serving his country with remarkable day. I was around 6 or 7 years old. I re- finest: Lloyd Daniel, Jerald Dellum, competence and quiet excellence, has member being on that small farm Joseph Marling, Earl Morrison, Robert moved on with little fanfare. where I was raised. We were doing the Pearson, Harold Scilley, and George evening chores when my mother—we I am talking about Les Brownlee, a Smart. man we worked with very closely for a did not have electricity in those days Of course, that attack launched so you had a battery-operated radio long period of time. So often you learn America into World War II where it to love these people when you work and you did not turn on the radio until suffered even more losses. Thousands of the evening. But mom had turned on with them over the years, and then men and women died in World War II, they move on and you prepare to miss the radio and the newscast was that but it changed the face of the world Japan had attacked the United States them, as we will. and gave us the freedoms we enjoy Les Brownlee would probably not at Pearl Harbor. When she told dad today. None of us here earned those; we about that—I remember dad had two want me to talk about him. He nor- inherited them. What Tom Brokaw mally avoids that type of thing. He feed buckets in his hands—he said: called ‘‘the greatest generation’’ is a ‘‘Where in the world is Pearl Harbor?’’ shunned public recognition for his true statement. For after that attack, achievements, while compiling a stel- We did not even know where it was. this country bound up its wounds and At 6 o’clock in the morning, Pearl lar record of support and leadership for didn’t look back. We honored those Harbor time, 183 Japanese aircraft were the men and women of the U.S. Army. who were lost, and we built a better Mr. Brownlee was a highly decorated launched from six major fleet carriers peace. Vietnam veteran and executive officer and flew toward Oahu. At 7:02 a.m. As this holiday season approaches to Army Under Secretary James Am- Honolulu time, the Japanese aircraft and we gather around friends and fam- brose when he retired as a colonel in were spotted on their approach to ily, it is important that we count our the U.S. Army in 1984. The experience Oahu, and they were mistaken for a blessings. Most of those blessings were he gained during his time in uniform flight of B–17 Flying Fortresses on an inherited and not earned. We remember made him an attractive candidate to approach to the islands. At 7:15 a.m., a those who went before us. We turn to advise my colleague from Virginia, second wave of 167 Japanese planes de- this holiday and think about those Senator WARNER. parted the fleet carriers for Pearl Har- families who are missing someone ei- Mr. Brownlee served on Senator WAR- bor. At 7:55 a.m., the attack on Pearl ther because a family member died for NER’s staff for several years before join- Harbor began, with the first Japanese their country or he or she is standing ing the Senate Armed Services Com- dive-bomber appearing over Pearl Har- tall on foreign soil around the world. mittee as a professional staff member, bor. It was followed by a first wave of One characteristic about Americans, where I worked with him for 7 years. nearly 200 aircraft, including torpedo From 1994, when I first came from the planes, bombers, and fighters. we have always thought about the next generation. Those who answered the House to the Senate, until 2001, when The ships in our fleet were sitting he accepted a job as Under Secretary of ducks, all gathered up in one place. call in 1941 knew full well it was worth the sacrifice so that their families, the Army, Mr. Brownlee proved his ex- The anchored ships in the harbor made pertise again and again while deflect- perfect targets for those bombers, and their children and grandchildren, would never be vulnerable to anything ing the accolades he deserved. since it was Sunday morning—a time It is hard to conceive of a more tu- like that again. We are witnessing to- chosen by the Japanese for maximum multuous time for an acting Secretary day’s greatest generation also. They surprise—they were not fully manned. of the Army to hold that position. understand the risk and the mission, In fact, back in those days in the Navy, From the events of 9/11, which helped but they also understand their families half of the crew on the ships was on lib- convince Mr. Brownlee to take the and what this great country stands erty. Under Secretary position, to the cam- for—we tend to forget that every now Most of the damage to the battle- paigns of Afghanistan and Iraq, to the ships was inflicted in the first 30 min- and again—because they, too, think it myriad challenges faced by the Army utes of the assault. The Arizona, which is worth the sacrifice so their children today, these times are like no other. In still lies in state, so to speak, at that and grandchildren will not live under the face of these daunting events, Mr. harbor, sank. The Oklahoma was cap- the pall of terrorism, perpetrated on Brownlee provided incredibly strong sized. The California, Nevada, and West the world from the shadows by faceless leadership from the top without losing Virginia sank in shallow water. In all, people. Today we have brave military touch with the personal integrity that more than 180 aircraft were destroyed. men and women again, just as those characterizes the finest members of the U.S. military casualties totaled about who have gone before them, standing Army he oversaw. Moreover, while exe- 3,400. on alert, securing our freedoms, guard- cuting the high-level concerns of his That was a fateful day in 1941. Tied ing the innocent abroad. I salute their office, he also worked to ensure that up to the Arizona was a ship, the USS bravery and their sacrifice, and I ask the pressing needs of individual sol- Vestal. A good friend of mine, a member my colleagues to do the same. diers were met. He reflected on the old of our church, and his two brothers This December 7 is a reminder of days, and he knew he had the instinct were on that ship. It was a repair ship. where we have been, how we reacted, as to what those needs were. I am They were working on the Arizona. He what we have done, and the challenges thinking particularly of the need for said he remembers that day like it was to be faced in the future by young folks more and better body armor for our yesterday. Glenn Sahlgren is gone now. who are willing to pay the price. troops. I spent many hours on the Big Horn I yield the floor and suggest the ab- My only disappointment now is that River fishing with him. I told him: sence of a quorum. Mr. Brownlee is moving on. It is clear When they find our bones one of these The PRESIDING OFFICER. The his successors will have big shoes to days, they will be down here on this clerk will call the roll. fill, and the trajectory that Mr. river with a fly pole in our hand. He The assistant legislative clerk pro- Brownlee set for the service and coordi- said: CONRAD, every day since Decem- ceeded to call the roll. nation with the Secretary of Defense

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.005 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11865 and Joint Chiefs is one that will lead to Mr. President, I yield the floor and Cindy was a serious student who shared transformation and victory in our cur- suggest the absence of a quorum. Ben’s competitive spirit. For fun, the rent engagements and dominance in The PRESIDING OFFICER. The couple would compete for the highest the decades to come. Perhaps more im- clerk will call the roll. GPA. portantly, Mr. Brownlee has estab- The assistant legislative clerk pro- When Ben graduated from Cameron’s lished a gold standard for character to ceeded to call the roll. ROTC program, he asked Cindy to which all of our military personnel Mr. INHOFE. Mr. President, I ask marry him. She has been a partner, a should aspire. unanimous consent that the order for friend, and a source of strength and I thank him for his service, the time the quorum call be rescinded. truth, a cherished wife and beloved he spent, and the dedication and com- The PRESIDING OFFICER (Mr. mother. mitment he made to his country. ENZI). Without objection, it is so or- Cindy is a teacher by trade. For her, f dered. life in the military was a positive chal- BRIGADIER GENERAL CHARLES ‘‘BEN’’ ALLEN lenge which she took on with the same HONORING OUR ARMED FORCES Mr. INHOFE. Mr. President, it is not focused energy Ben showed whenever LANCE CORPORAL LAMONT NOEL WILSON very often that one has the oppor- the Allens arrived at the new assign- Mr. INHOFE. Mr. President, I stand tunity to talk about someone they ment. Cindy educated herself about today to honor a brave young Amer- knew personally. We have so many fall- each new duty assignment. She man- ican who gave his life defending our en heroes in Iraq and in this war on aged each move in an organized and Nation. He felt a call to serve his coun- terror. Those who have spent any time disciplined way. try, to be part of something bigger on the Armed Services Committee A lot of people do not understand than himself, and, ultimately, paid the know that right now we are in the what this is like for a family to be highest price. most threatened position our country moved around this way, but Cindy han- LCpl Lamont Wilson, of Lawton, OK, has ever been in. dled it very well. Her leadership, re- was assigned to 2nd Battalion, 1st Ma- Today, I honor the memory of a real- sponsibility, duty, love, and calm made rine Regiment, 1st Marine Division, 1st ly remarkable man whom I had the her the perfect partner in life and love Marine Expeditionary Force, from honor of meeting. In fact, I had the for this soldier. Even in this dark hour, Camp Pendleton, CA. His parents, honor of meeting this man over in Iraq. Cindy is strong, dignified, and helping Lanny and Florence Wilson, still live It was around the time the U.N. build- others cope with their losses as well. in Lawton, where he graduated from ing was bombed and I happened to be Although General Allen was a man Eisenhower High School in 2003. By there at the time. He was over there who faced the foes of the world with June, he was already serving as a ma- with General Griffin, and I am speak- steely resolve, he stood no chance when rine, fulfilling a military dream La- ing of BG Charles ‘‘Ben’’ Allen. He was it came to his only daughter, Laura, mont kept alive since childhood. When a classic Oklahoman, a hard worker who is a 20-year-old student at George asked why he joined the Marines, La- and leader who was dedicated to his Mason University. Ben and Laura had a mont explained it was to make his fa- family, his faith, and his country. special father-daughter relationship ther proud. General Allen was an assistant com- fortified by great humor, warmth, un- On September 6, in Fallujah, Lamont mander in the 4th Infantry Division derstanding, and natural affection, a was killed in combat. He gave his life and was killed along with six other sol- bond that will endure in her heart for- for the freedom of millions of Ameri- diers in the Blackhawk helicopter ever. She will always be his little girl. cans and also for the peace and pros- crash in central Texas. I remember talking to him about this perity of the Iraqi people crippled by a Although he was born in Alaska, Ben because my youngest daughter Katie totalitarian regime. His funeral, held Allen grew up in the Lawton/Fort Sill, and I also have that. To this day, I still at St. John’s Missionary Baptist OK, area, an Army town where the ar- call her my little girl. That is the rela- Church in Lawton, was a joyous cele- tillery is king of battle and familiar to tionship Ben had with Laura. bration of Lamont’s life and service to all. As the saying goes, like father like God and country. Although the loss of The son of an Army colonel, he grad- son, we likewise send our heartfelt con- this young man is a loss we all feel, our uated from Eisenhower High School in dolences to General Allen’s son Brian thoughts and prayers are especially Lawton and went on to study at who is attending the University of Vir- with his family and friends. Lawton’s Cameron University where he ginia on an ROTC scholarship. So we Lamont’s dedicated service showed graduated from the ROTC program and are talking now about the third gen- the spirit that drives us to fight op- was commissioned into the artillery. eration. Brian and Ben shared many pression around the world. He knew General Allen’s career was a long and great times together watching their fa- that he and his fellow marines were distinguished one and included assign- vorite teams, the Boston Red Sox and fighting to protect America, to keep ments with the 9th Infantry Division the Dallas Cowboys, and of course the their Nation safe. The way Lamont at Fort Lewis, WA, the 70th Field Ar- University of Oklahoma, the No. 1 signed letters he wrote home—‘‘Sleep tillery Detachment in Greece, the 7th team in the Nation. Well, America’’—embodied the noble Infantry Division at Fort Ord, CA, and Whatever career path Brian chooses, spirit of sacrifice in the hearts of the the 9th Field Artillery in Heilbronn, he will have the life and accomplish- men and women in our Armed Forces. Germany, the 101st Airborne Division ments of a great and courageous man It is for men like Lance Corporal Wil- at Fort Campbell, KY, where he was to serve as a bright and shining exam- son that I am proud to be a part of this the operations officer for division artil- ple for selfless service. I will also share several thoughts great country. He was a special marine lery during Desert Shield and Desert about GEN Ben Allen that I have heard but, more importantly, a special man. Storm, and the 24th and 3rd Infantry from some of my constituents who Several of us who have spent time Divisions at Fort Stewart, GA. over in Afghanistan and Iraq have Allen then served as the J5 Balkans knew him. Many of these folks at- talked to these young people there, the Branch Chief for the Joint staff at the tended the memorial service held yes- young troops. They sometimes ask the Pentagon, after which he commanded terday at Fort Sill. I was unable to be question: Why is it that people don’t the 4th Infantry Division’s artillery there because of votes here but I be- appreciate us? It is because they get and served in several positions under lieve their comments say even more kind of a perverted media over there the Army deputy chief of staff for pro- about the man, Ben Allen, than the that doesn’t really understand what gramming before returning to the 4th long record of honorable service I just the war is all about. I gave them my ID. read. Here are their words: assurance that we understand the sac- It is often said that when a soldier rifices they make, that we are at the chooses a branch of service, he also is Ben Allen was known to be a soldier’s sol- dier. He cared about his troops and he enthu- most threatened position today this choosing the hometown of his future siastically led his troops to achieve victory country has ever been in, and it is peo- wife. Ben changed the order of that ex- both on and off the battlefield. He was also ple like you who are keeping and pre- pectation. He and Cindy were college a soldier’s son. Ben was the beloved son of a serving our freedom. sweethearts at Cameron. In college, career Army officer.

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.015 S07PT1 S11866 CONGRESSIONAL RECORD — SENATE December 7, 2004 His father was a colonel. the Marines. His mother-in-law, Linda, and the Lord God will wipe away tears Ben had a special talent for maintaining told the Lafayette Journal & Courier from off all faces.’’ friendships. When he arrived at new duty that Bryan ‘‘knew when he graduated May God grant strength and peace to stations, he made a special effort to seek out that he was going to be a Marine . . . those who mourn, and may God be with and reconnect with friends and colleagues He was very brave, and we’re so proud all of you, as I know He is with Bryan. from previous assignments. Whether on the of him. He made the ultimate sacrifice LANCE CORPORAL ADAM R. BROOKS, USMC golf course or standing on the bank of one of for all of us.’’ Mr. GREGG. Mr. President, I rise his favorite fishing holes, Ben could make today to remember and honor LCpl you feel as though only days had passed Bryan was the fortieth Hoosier sol- since he last saw you. dier to be killed while serving his coun- Adam R. Brooks of Manchester, NH for Ben was a man of faith, with a great sense try in Operation Iraqi Freedom. He was his service and supreme sacrifice for of humor. He worked hard and expected the assigned to the 2nd Battalion, 11th Ma- his country. best from himself and from his troops. He rine Regiment, 1st Marine Division, I Lance Corporal Brooks demonstrated loved his family, the Army, his life, and his Marine Expeditionary Force, Camp a willingness and dedication to serve country. Pendleton, California. This brave and defend his country by joining the One friend suggested that this young soldier leaves behind his wife United States Marine Corps. His enthu- quotation from John Ruskin would be Samantha; his parents Charles and siasm and devotion to service were in- fitting in describing the way Ben Allen Brenda Wilson; his brothers Lonnie and dicated early on by his decision to en- lived his life: Adam; and his 20-month-old daughter list in the Delayed Entry Program Tis a good and safe rule to sojourn in many Breanne. May Bryan’s daughter grow which obligated him to the Marines places, as if you meant to spend your life up knowing that her father fought well before he graduated from Central there, never omitting an opportunity of bravely, giving his own life so that High School in 2003. Just as many of doing a kindness or speaking a true word or young Iraqis can some day know the America’s heroes have taken up arms making a friend. freedom she enjoys. in the face of dire threats, Adam, too, In this time of trouble and tragedy, Today, I join Bryan’s family, his dedicated himself to the defense of our we remember and pay tribute to Gen- friends and the entire Hoosier commu- ideals, values, freedoms, and way of eral Allen and also to the many other nity in mourning his death. While we life. His valor and service cost him his Americans who do dangerous work not struggle to bear our sorrow over this life, but earned him a place on the roll call of honor within the pantheon of only overseas in places such as Iraq loss, we can also take pride in the ex- heroes this country has produced. and Afghanistan, but within our own ample he set, bravely fighting to make borders. Soldiering is a risky job. I am Adam reported to recruit training at the world a safer place. It is his cour- Marine Corps Recruit Depot Parris Is- a veteran of the U.S. Army. I know age and strength of character that peo- there is no time you are not risking land in August 2003. Following his ple will remember when they think of basic training, he volunteered for and your life if you take this career. We Bryan, a memory that will burn bright- should be grateful there are people like received further training as a rifleman ly during these continuing days of con- in the infantry. Upon completion of General Allen, people committed to de- flict and grief. fending freedom and truth, who are this training, he became a member of Bryan was known for his dedication 1st Battalion, 2d Marines, 2d Marine willing to take those risks on our be- to serving others and his love of family Division. From this unit’s home base in half. and country. When looking back on We remember Cindy, Brian, and Camp Lejeune, NC, he would deploy to Bryan’s life, his wife Samantha told Iraq in pursuit of those who would Laura Allen, as well as General Allen’s the Associated Press that he had been threaten our way of life. mother, Christine Allen Harper. We determined to serve his country and Tragically, on November 28, 2004, grieve for them, for their fallen hus- that ‘‘he would never have changed his Lance Corporal Brooks gave his last band and father and son. In his life and mind about going.’’ Today and always, full measure for our Nation during his death he set a high standard for all Bryan will be remembered by family combat with the enemy in the Babil of us to follow. As we travel onward to- members, friends and fellow Hoosiers Province of Iraq. Throughout his short gether, we will never forget BG Charles as a true American hero and we honor career, Adam earned a series of acco- ‘‘Ben’’ Allen. the sacrifice he made while dutifully lades which testify to the dedication I know it is unusual to say something serving his country. and devotion he held for the Marine like this, but I have had occasion, just As I search for words to do justice in Corps, his fellow Marines, and his coun- in the last few minutes, to talk to his honoring Bryan’s sacrifice, I am re- try. Adam’s hard work and dedication wife Cindy. I recall something that he minded of President Lincoln’s remarks contributed greatly to his unit’s suc- said to me when we were together over as he addressed the families of the fall- cesses and cemented his place as a par- in Iraq. I said to him, ‘‘Do you know en soldiers in Gettysburg: ‘‘We cannot ticipant in the great endeavor known Jesus?’’ dedicate, we cannot consecrate, we as America. Adam was recognized for He was very straightforward, and he cannot hallow this ground. The brave his service by the Purple Heart Medal, said, ‘‘Yes.’’ men, living and dead, who struggled the National Defense Service Medal, I talked to his wife about that. There here, have consecrated it, far above our the Global War on Terrorism Expedi- was no doubt in his mind. For some poor power to add or detract. The tionary Medal, and the Sea Service De- who do not understand this, if you are world will little note nor long remem- ployment Ribbon. a man of faith like Ben, we can assure ber what we say here, but it can never My condolences and prayers go out to you it is not: Goodbye, Ben. He is with forget what they did here.’’ This state- Adam’s family, and I offer them my Jesus now. It is: So long, we will see ment is just as true today as it was deepest sympathies and most heartfelt you soon. nearly 150 years ago, as I am certain thanks for the service, sacrifice, and CORPORAL BRYAN WILSON that the impact of Bryan’s actions will example of their Marine, Lance Cor- Mr. BAYH. Mr. President, I rise live on far longer than any record of poral Adam R. Brooks. Adam exempli- today with a heavy heart and deep these words. fied the words of Daniel Webster who sense of gratitude to honor the life of a It is my sad duty to enter the name said, ‘‘God grants liberty only to those brave young man from Otterbein, IN. of Bryan Wilson in the official record who love it, and are always ready to Corporal Bryan Wilson, twenty-two of the U.S. Senate for his service to guard and defend it.’’ Because of his ef- years old, died on December 1 as a re- this country and for his profound com- forts, the liberty of this country is sult of injuries sustained in a Humvee mitment to freedom, democracy and made more secure. crash in the Al Anbar Province. With peace. When I think about this just SPECIALIST ALAN J. BURGESS his entire life before him, Bryan risked cause in which we are engaged, and the Mr. GREGG. Mr. President, the everything to fight for the values unfortunate pain that comes with the United States of America was founded Americans hold close to our hearts, in loss of our heroes, I hope that families on a passion for freedom, personal lib- a land halfway around the world. like Bryan’s can find comfort in the erties, and equality for all its citizens. After graduating from Seeger Memo- words of the prophet Isaiah who said, In a fierce battle for freedom and inde- rial High School in 2001, Bryan joined ‘‘He will swallow up death in victory; pendence, the citizens of this new

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.019 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11867 world cast off the shackles of tyranny in an accident traveling between mili- His team’s mission was to deliver and built for themselves a land of hope tary camps in Iraq. Specialist Davis laptop computers and a new vehicle to and promise. So fervently held were was serving as a gunner when the acci- another Special Forces team. They the beliefs and ideals of this country, dent occurred. Daryl Davis graduated didn’t make it. that a son of New Hampshire, General from Spencer High school and enlisted A 155mm-mortar struck Sergeant John Stark, reminded us of the price of in the Iowa National Guard at age 17 Doughty’s vehicle. Shrapnel tore our liberties with his admonishment to before transferring to Florida earlier through both of his legs. Two medics ‘‘live free or die.’’ The heroes and this year. Specialist Davis is survived began treating him immediately, and Founding Fathers of that long ago by his mother and father, Dana Davis Sergeant Doughty believes they saved time have been joined by another noble and Richard Rosado, as well as two his life by preventing him from bleed- son of New Hampshire, SPC Alan J. brothers. I know that he will be deeply ing to death. He was rushed by heli- Burgess of Landaff. It is in his memory missed by his family and friends. My copter to a surgical hospital in Balad, that I rise today to honor Alan for his thoughts and prayers are with them. Iraq, then to Germany, and finally to service and supreme sacrifice in the I ask my colleagues in the Senate Walter Reed Army Medical Center here continuing defense of this country and and my fellow Americans to join me in in the Nation’s Capital. Doctors were for his relentless defense of freedom. remembering Specialist Davis and the able to save his life, but not his legs. Specialist Burgess demonstrated a enormous sacrifice he made for his Sergeant Doughty’s incredible cour- willingness and dedication to serve and country. Many people thought very age has not diminished one iota since defend his country by joining the Na- highly of Specialist Davis and he will that July day. Two months to the day tional Guard after this country was at- always be remembered for his willing- of that vicious attack, he stood for the tacked in September 2001 and we had ness to serve others. The United States first time on two prosthetic legs. Since begun the task of destroying the en- owes its continued prosperity to Spe- then, he has graduated from using a emies of our country. Just as many of cialist Davis and others like him who walker to crutches to canes, and in- America’s heroes have taken up arms are willing to advance our ideals at tends to walk without difficulty by in the face of dire threats, Alan too great personal cost. Daryl Davis will be Christmas. I have no doubt he will suc- dedicated himself to the defense of our remembered as a great patriot and it is ceed. ideals, values, freedoms, and way of fitting that we honor him today. I had the pleasure of meeting Ser- life. His valor and service cost him his MARINE SERGEANT NICK NOLTE geant Doughty and his family in my of- life but earned him a place on the roll Mr. HAGEL. Mr. President, I rise to fice on September 9. I told him how call of honor within the pantheon of express my sympathy over the loss of grateful America is for his service to heroes this country has produced. Nick Nolte of Falls City, NE, a ser- our country. This amazing man has not Following basic training, Alan joined geant in the United States Marine let his injury hamper his love for his his comrades in 2nd Battalion, 197th Corps. Sergeant Nolte died November country, her military, or the cause of Field Artillery Brigade, Army National 24, 2004 at the Walter Reed Army Med- freedom and justice we fight for in Guard as a military policeman and ical Center from wounds he received on Iraq. If he could, he would go back. He began training for his deployment to November 9 when his Humvee drove serves as a model of heroism to us all. Iraq in support of Operation Iraqi Free- over a bomb near Baghdad, Iraq. He Today I ask my colleagues to join me dom. From this unit’s home base in was 25 years old. in honoring SSG Robert S. Doughty for Woodsville, NH, he would deploy in Sergeant Nolte graduated from Falls his supreme valor. My prayers, and March 2004 to Iraq in pursuit of those City Sacred Heart High School in 1998. those of millions of grateful Ameri- who would threaten our way of life. After graduating, he enlisted in the cans, are with him as he recovers from During his all too brief career, Alan U.S. Marine Corps and became a mem- his injuries. With other fine men and accumulated a significant list of acco- ber of the Presidential Helicopter women like him in our Armed Forces, lades and experiences which testify to Squadron HMX–1, guarding Presidents we are sure to succeed as we continue the dedication and devotion he held for Clinton and Bush. In June 2004, Nolte ridding the newly liberated Iraq of the the Army, his fellow soldiers, and his joined Operation Iraqi Freedom as a ri- terrorists trying to drive that country country. Alan’s expertise contributed fleman, Marine and personal security back into the hands of tyranny. greatly to his unit’s successes and ce- expert. Sergeant Nolte will be remem- LCPL JOSEPH WELKE mented his place as a participant in bered as a loyal Marine who believed in Mr. JOHNSON. Mr. President, I rise the great endeavor known as America. his mission and who had a strong sense today to pay tribute to LCpl Joseph T. Alan was recognized for his service by of duty, honor and love of country. Welke, a resident of Rapid City, SD the Bronze Star Medal, the Purple Thousands of brave Americans like who died on November 20, 2004, while Heart Medal, the Good Conduct Medal, Sergeant Nolte are currently serving in serving in Operation Iraqi Freedom. the National Defense Service Medal, Iraq. Lance Corporal Welke was a member the Global War on Terrorism Expedi- Sergeant Nolte is survived by his of the 3rd Battalion of the 1st Marine tionary Medal, the Global War on Ter- mother, Anita Nolte; his wife, Melina Regiment based out of Camp Pen- rorism Service Medal, the Army Serv- and 3-year-old daughter, Alanna of dleton, CA. He was killed while fight- ice Ribbon, and the Army Reserve Cherry Point, NC and sister, Jessica ing insurgents in Fallujah, Iraq. Overseas Service Ribbon. Nolte of Omaha. Our thoughts and Answering America’s call to the mili- I offer Alan’s family my deepest sym- prayers are with them at this difficult tary, Lance Corporal Welke joined the pathies and most heartfelt thanks for time. The United States of America is Marines after graduating from Rapid the service, sacrifice, and example of proud of Nick Nolte’s service and City Stevens High School in 2003. As a their soldier, Specialist Alan Burgess. mourns his loss. fullback for the varsity football team, Alan exemplified the words of Daniel For his service, bravery and sacrifice, Joe earned Greater Dakota All Con- Webster who said, ‘‘God grants liberty I ask my colleagues to join me and all ference team honors. He enjoyed riding only to those who love it, and are al- Americans in honoring Sergeant Nick his motorcycle and spending time with ways ready to guard and defend it.’’ Be- Nolte. his family. Friends and family remem- cause of his efforts, the liberty of this STAFF SERGEANT ROBERT S. DOUGHTY ber him as having a love for life and as country is made more secure. Mr. MCCONNELL. Mr. President, I an inspiration to all those who knew SPECIALIST DARYL DAVIS rise today to pay tribute to a Kentucky him best. Mr. GRASSLEY. Mr. President, I rise hero, SSG Robert S. Doughty. Sergeant Lance Corporal Welke served our today to pay tribute to a heroic Amer- Doughty, an 11-year-veteran of the U.S. country and, as a hero, died fighting ican, SPC Daryl Davis, a fellow Iowan Army and from Paducah, KY, went to for it. He served as model of the loy- originally from Spencer, IA. A member Iraq last spring as a member of the 3rd alty and dedication that comes with of the 144th Transportation Company Battalion, 5th Special Forces Group. preservation of freedom. The thoughts of the Florida Army National Guard, On July 8, 2004, Sergeant Doughty was and prayers of my family, as well as Specialist Davis was killed November riding in the passenger seat of a the rest of the country, are with his 29, 2004 when his Humvee was involved Humvee deep in the Sunni Triangle. family during this time of mourning.

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.037 S07PT1 S11868 CONGRESSIONAL RECORD — SENATE December 7, 2004 Our thoughts continue to be with all of The Bush administration circled the U.S. SENATE, those families with loved ones serving wagons long ago. It has continually COMMITTEE ON THE JUDICIARY, overseas. maintained that the abuses were sim- Washington, DC, December 3, 2004. Lance Corporal Welke led a full life, ply the work of a few bad apples. But Hon. ALBERTO R. GONZALES, committed to his family, his Nation, Counsel to the President, the White House, we know that the photos from Abu Washington, DC. and his community. It was his incred- Ghraib do not depict an isolated inci- DEAR JUDGE GONZALES: I enjoyed our pre- ible dedication to helping others that dent. Abuses have occurred in many lo- liminary meeting and look forward to your will serve as his greatest legacy. Our cations, including Afghanistan, Guan- confirmation hearings. In following up on Nation is a far better place because of tanamo Bay, and in a number of other our meeting, and to give you and your staff Lance Corporal Welke’s contributions, facilities within Iraq. ample opportunity to prepare for the hear- and, while his family, friends, and Na- I have long said that somewhere in ings, I write to reiterate several concerns that I have raised in prior discussions and tion will miss him very much, the best the upper reaches of the executive correspondence. When we met on November way to honor his life is to remember branch, a process was set in motion 17, 2004, I said that these issues will be his commitment to service and family. that rolled forward until it produced raised, by myself and other members of the Mr. President, I join with all South this scandal. Even without a truly Senate Judiciary Committee, during the up- Dakotans in expressing my sympathies independent investigation, we now coming hearings. Based on our conversation, to the friends and family of LCpl Jo- know the responsibility for abuse runs I am encourage by your willingness to an- seph Welke. I know that he will always very high into the chain of command. swer questions about you role and your views be missed, but his service to our Nation in these matters. Senior officials in the White House, the Photographs and reports of prisoner abuse will never be forgotten. Justice Department, and the Pentagon in Iraq and other locations show an interro- f set in motion a systematic effort to gation and detention system operating con- ORDER OF PROCEDURE minimize, distort, and even ignore trary to U.S. law and the Geneva Conven- laws, policies, and agreements on tor- tions. In addition to the abhorrent images The PRESIDING OFFICER. The Sen- ture and the treatment of prisoners. from the Abu Ghraib prison that were pub- ator from Vermont is recognized. Defense Secretary Rumsfeld and later lished last spring, actions that have occurred Mr. LEAHY. Mr. President, we are in LTG Ricardo Sanchez authorized the with Administration approval include the forcible rendition of individuals to nations morning business, are we not? use of techniques that were contrary to The PRESIDING OFFICER. We are in where they may face torture, and the hiding both U.S. military manuals and inter- morning business. of ‘‘ghost detainees’’ from the International Mr. DORGAN. Will the Senator yield national law. Committee of the Red Cross. Reports of Former CIA Director Tenet re- for a unanimous consent request? abuse continue to emerge. Just this week, Mr. LEAHY. Of course I yield for that quested, and Secretary Rumsfeld ap- The New York Times reported that the Red proved, the secret detention of a ghost Cross has charged U.S. military authorities purpose. with using physical and psychological coer- Mr. DORGAN. I ask unanimous con- detainee in Iraq so he could be hidden from the International Committee of cion ‘‘tantamount to torture’’ on prisoners sent to be recognized following the at Guantamano Bay. The Washington Post is presentation by Senator LEAHY. the Red Cross. reporting that in December 2003 Army gen- The PRESIDING OFFICER. Without These issues, especially when they erals in Iraq were warned in a confidential objection, it is so ordered. involve the greatest democracy history report that members of an elite military and The Senator from Vermont is recog- has known, are a significant concern. CIA task force were abusing detainees. Ac- nized. But there are also issues in which the cording to The Post, the report concluded that certain arrest and detention practices f administration has been far less than forthcoming. In letters dated May 17 could be deemed to be ‘‘technically’’ illegal. NOMINATION OF ALBERTO and June 15 of this year, long before In letters dated May 17 and June 15 of this year, I asked you to describe your role in GONZALES TO BE ATTORNEY the fall elections, long before the res- GENERAL both the interpretation of the law and the ignation of John Ashcroft, and long be- development of policies that led to what I Mr. LEAHY. Mr. President, soon fore he was designated by the President and many other consider to have been a dis- after we return in January, the Senate as nominee, I asked Judge Gonzales to regard for the rule of law. These letters re- Judiciary Committee will begin consid- describe his role in both the interpreta- main unanswered. eration of the nomination of Alberto tion of the law and the development of My concerns regarding the abuse of pris- Gonzales for the position of Attorney policies that led to what I and many oners in U.S. custody did not begin with General of the United States. I met these letters. I have been seeking answers others considered to have been a dis- from the Administration for well over a with Judge Gonzales on November 17, regard for the rule of law. Those letters year, before the abuses at Abu Ghraib came soon after his designation as the Presi- of May 17 and June 15 remain unan- to light. In a very few cases my questions dent’s nominee. I had that meeting in swered as of today. were answered, but with information that preparation for our hearings. I look I have repeatedly emphasized to later proved to be less than accurate. For ex- forward to working with Senator SPEC- Judge Gonzales the need for respon- ample, in a news conference on June 22, 2004, TER and the other members of the Judi- siveness and accountability in these you stated, ‘‘In Iraq, it has always been U.S. ciary Committee to assure a prompt matters. Last Friday, I sent Judge position that Geneva applies. From the early and fair and thorough hearing on this Gonzales a letter reiterating my con- days of the conflict, both the White House and the Department of Defense have been important nomination in early Janu- cerns. I emphasized the importance of very public and clear about that.’’ ary. full disclosure during this confirmation However, an October 24, 2004, article in The There is no secret that Judge process. Washington Post revealed yet another Jus- Gonzales will be called upon to explain I urge him to cooperate, to cooperate tice Department memo authorizing actions not only his vision of what the role of now with all members of the Judiciary that potentially violate the Geneva Conven- the Attorney General should be, but Committee on both sides of the aisle on tions. The draft memo, dated March 19, 2004, also how he would distinguish it from the full range of issues of oversight and apparently was written to authorize the CIA that of the White House Counsel. And accountability that come before us. to transfer detainees out of Iraq for interro- gation—a practice expressly prohibited by he is also going to be asked about the That is something his predecessor did the Geneva Conventions. According to the role he has played in formulating the not do. That lack of oversight on the memo’s cover letter, it was drafted at your administration’s policy on the treat- part of the Senate, the lack of account- request. ment and interrogation of prisoners in ability and lack of responsiveness on In another example, a June 25, 2003, letter U.S. custody overseas. the part of the administration, should from Department of Defense General Counsel The scandal of Abu Ghraib, allega- not continue. William Haynes stated that the United tions of mistreatment in Guantanamo, I ask unanimous consent to have my States was adhering to its international obli- investigations and charges from cases gations including those under the Conven- December 3, 2004, letter to Judge tion Against Torture. We later learned of an in Iraq and Afghanistan are serious Gonzales printed in the RECORD. August 1, 2002, Department of Justice memo- matters. There are lingering questions. There being no objection the mate- randum that twisted the definition of tor- There is unresolved accountability left rial was ordered to be printed in the ture in unrecognizable ways. That memo was in their wake. RECORD, as follows: addressed to your. We also learned months

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.065 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11869 later of the rendition of a Canadian-Syrian SALE OF AGRICULTURAL GOODS In recent weeks something else has citizen to Syria, despite his fear of being tor- TO CUBA happened. It is apparent this adminis- tured there, and despite the Syrian govern- Mr. DORGAN. Mr. President, I want tration is fighting every possible way ment’s well-documented history of torture. to shut down the opportunities of farm- Unnamed CIA officials told the press that to speak today about several items, the this man was in fact tortured in Syria. first of which is the sale of agricultural ers and ranchers to sell into the Cuban The Committee and the Senate will want goods to Cuba. marketplace. Here is a new way. This to know your role in these situations and Some years ago, Attorney General chart shows part of the Trade Sanc- your views with regard to the development John Ashcroft, who then was a U.S. tions Reform and Export Enhancement of the legal justifications that appear to un- Senator, and I, offered an amendment Act of 2000 legislation. Here are the derlie so many of these actions. You will be that opened the opportunity to sell ag- words that stipulate that the Cubans called upon to explain in detail your role in ricultural commodities into the Cuban must pay ‘‘cash in advance’’ for food developing policies related to the interroga- marketplace. For over 40 years that they purchase. And that is exactly tion and treatment of foreign prisoners. The marketplace had been closed to Amer- what the Cubans have done for about American public and the Senate that will be ican farmers because of an embargo. $900 million in shipments so far. But called upon to confirm your appointment de- The bill that Congress passed was serve to know how a potential Attorney Gen- someone at Treasury took a look at eral, the chief law enforcement officer in the called the Trade Sanctions Reform and this, and said, You know, there is a nation, will interpret and enforce the laws Export Enhancement Act of 2000. It way to interpret these words to shut and how you will develop policy. permitted agricultural sales to Cuba on down these shipments even tighter. We We want to know what the current policy the condition that the Cubans had to will interpret cash in advance to mean on torture is, but since the Administration use cash in order to purchase agricul- the cash must be received by the ex- disavowed the August 1, 2002, memo, no pub- tural commodities from this country. porter before anything can be shipped lic statement of policy has replaced it. Ques- We have now sold over $900 million toward Cuba. tions remain unanswered on a host of issues. worth of farm commodities to the That is much different from the way Requests to the White House and the Depart- Cuban marketplace for cash. In fact, ment of Justice for relevant documents—in- the term cash in advance has been gen- about 11⁄2 or 2 years ago, 22 train car- erally understood by the export com- cluding my requests to you in May and June loads of dried peas left North Dakota of this year—have been ignored or rejected. I munity and the way I as an author urge you and the Administration to provide to be shipped into the Cuban market- would have understood what we meant. the documents that have been requested by place—the first time in 42 years our Up to now, cash in advance meant that myself and others without further delay so farmers had an opportunity to sell into you must pay cash before you take re- that the hearings will be well informed. this market that the Canadians and ceipt of the product. That ship goes to Another key concern you will be called the Europeans had been selling into all Cuba with dried peas, or wheat, or along. upon to discuss is how you view the duties flour, or beef. Before it is offloaded and and responsibilities of the Attorney General. That is what we did in the legisla- the Cubans take possession, they must As we discussed, I view the White House tion. I felt that having an embargo on Counsel position and that of the Attorney food shipments to Cuba all those years pay cash to the seller. It is very simple. General as quite distinct. You may well have was wrong. It didn’t affect Fidel Cas- You pay cash before you take posses- viewed this President as your ‘‘client’’ while tro. We tried to injure Fidel Castro by sion of the product. serving him at the White House, although slapping on this embargo which in- The Treasury Department has now the courts do not recognize an attorney-cli- cluded food and medicine, which I found a way to say, Not good enough. ent privilege in that setting. We will want to The way sales have been made to Cuba know how differently you will act and view thought was an insidious policy. It didn’t hurt Fidel Castro. He never for the past three years is not what the your responsibilities as the Attorney Gen- Treasury thinks the legislation says. eral of the United States. missed a breakfast, lunch, or dinner be- We insist that the phrase cash in ad- Finally, I encourage you to commit to co- cause we were not able to sell food into operating with all members of the Judiciary Cuba. vance means you pay cash before any- Committee on issues of oversight and ac- The same is true with travel restric- thing gets loaded on the ship. countability. In the 108th Congress, the Judi- tions. We prohibited Americans from What is this about? It is about some- ciary Committee failed to fulfill its over- traveling into Cuba except for those one down at the Treasury Department sight responsibilities. Accountability and who are able to get a license from the who has decided they have found an- improving government performance are Treasury Department, which is in- other way to see if they can stop our sound and long established purposes of con- creasingly difficult to do. Restricting farmers and ranchers from selling into gressional oversight, and accountability has the American people’s right to travel is the Cuban marketplace. I was an au- been lacking on these and other crucial thor of the legislation, and they need issues. With a new Congress, and a new At- not hurting Fidel Castro. It simply in- torney General, I expect a return to the dili- jures the American people. We can to understand that I knew what I was gent oversight envisioned by our Founders to travel in Communist China and in doing, and I believe my colleague Sen- ensure that the Executive Branch remains Communist Vietnam but we can’t trav- ator Ashcroft and others in the Con- accountable to the American people. el in Cuba. I have held up a picture on gress knew what they were doing. We Our meeting was a constructive beginning the floor of the Senate of Joni Scott. were trying to provide access to the at the start of the confirmation process, and She went to Cuba to distribute free Bi- Cuban marketplace. I look forward to your hearing early next bles. This administration’s Treasury This country has now said for almost month. In the meantime, Marcelle and I send Department tracked her down and said two dozen years the way to move Com- our best wishes to you and your family and we are going to try to slap a $10,000 fine munist countries such as China and hope that you have a restful and rewarding Vietnam toward greater human rights holiday season. on you for distributing free Bibles in Sincerely, Cuba. I have also shown the picture of is through more trade and travel en- PATRICK LEAHY, Joan Slote, a retired senior Olympian gagement to move them in the right di- Ranking Democratic Member. in her midseventies. She went to ride a rection. We have said that with China and with Vietnam, both Communist Mr. LEAHY. Mr. President, I yield bicycle in Cuba with a Canadian group. countries. The exception is Cuba. They the floor. I see the distinguished Sen- The Treasury tracked her down even as say if we begin to allow people to trav- ator from North Dakota now seeking she was dealing with her son’s brain el in Cuba, to trade with Cuba, some- the floor. cancer and slapped a fine on her and threatened, by the way, to seize her So- how that is pernicious and moves in The PRESIDING OFFICER. Under cial Security payments. the wrong direction. the previous unanimous consent, the It is outrageous what this policy has At some point you have to say that is Senator from North Dakota is recog- been with respect to Cuba. But we had an argument that is completely devoid nized. a small victory when Senator Ashcroft of common sense. But Congress has al- Mr. DORGAN. Mr. President, let me and I were able to change the law so ready acted on this. The Congress said ask consent to speak for 20 minutes in that our farmers and ranchers could it is all right and we believe we should morning business. sell into the Cuban marketplace. Since be able to trade with Cuba provided The PRESIDING OFFICER. Without then we have sold $900 million of agri- that sale is for cash. The Cubans buy objection, it is so ordered. cultural commodities for cash to Cuba. agricultural commodities from us.

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.032 S07PT1 S11870 CONGRESSIONAL RECORD — SENATE December 7, 2004 They pay for it through a European perhaps if they are misusing their re- Schwinn Bicycles.’’ We know Schwinn bank with cash so that no direct trans- sources, to diminish the resources they bicycles. I rode a Schwinn when I was fer of funds from Cuba to a U.S. insti- have. a kid. They are now made in China. tution. And now there is someone who In any event, we have a significant This story describes the mistake of has found a way to restrict this, to try problem in agricultural trade. Schwinn bicycles. They decided as a to interrupt rice shipments and other Ten years ago, we had a $25 billion company they needed to try to con- shipments to Cuba. agricultural trade surplus. This year, it tinue to stay in the United States and The farm community was caught un- is $9 billion. It shrank from $25 billion manufacture bicycles here. What a aware by this issue. I was unaware of to $9 billion, and next year it is ex- huge mistake, they decided later, be- it. Once we discovered it, I called peo- pected to be zero. For the first time in cause it drove them into bankruptcy. ple in the Bush administration to ask, over 50 years we will not have a surplus So there are no longer any Schwinn bi- What on earth are you doing this time? in agricultural trade, according to the cycles made in America. Can’t you get it straight that this Con- estimates in the administration. Let me give an example of why this gress has already said this is the law, If that is the case, why are they try- is happening, whether it is Huffy or this is the way the law reads? I have ing to shut down our sales of agricul- Schwinn bicycles or a thousand other asked, by the way, the Inspector Gen- tural product to Cuba? It doesn’t make items. eral at the Department of the Treasury sense at all to me. This is a story about unrest in a Chi- to investigate what OFAC—called the I hope those in the administration nese manufacturing plant from the Office of Foreign Assets Control—is who have done this and who think that Washington Post. In the latest unrest, doing here. Essentially, the Office of redefining the meaning of cash in ad- about 1,000 workers staged a walk out Foreign Assets Control at Treasury is vance is a genius scheme to try to on November 7th at the Shanlin Tech- supposed to be tracking money to ter- thwart the will of Congress will think nology appliance factory near through it more clearly and understand rorists. They are supposed to be shut- Guangzhou, demanding higher over- it is a harebrained scheme that doesn’t ting down the funding for Osama bin time pay and more days off, according comport at all with the law. My hope is Laden. They are supposed to be track- to the government-run New China they will finally get that message. ing the network of funds around the News Agency. The workers returned to world that finances terrorism. f the assembly line a day later after re- But what are the people at OFAC TRADE ISSUES ceiving assurances that overtime pay doing? They are tracking down Joan Mr. DORGAN. Mr. President, let me would rise by 12 cents to 36 cents an Slote and Joni Scott who traveled to mention a couple of other trade issues hour and that they would get two days Cuba to ride bicycles and distribute because I think they are critically im- off a month. free Bibles. They are spending time portant. I am going to spend a great When the Huffy jobs went from Ohio trying to figure out how they can rein- deal of time on trade issues in this to China, for example, the jobs changed terpret Federal law to try to put a coming session of Congress. We have in one respect. The U.S. workers had wrench in the crankcase of farmers and the largest trade deficit in the history made $11 an hour plus benefits. The ranchers who are trying to sell into the of the country. That translates into Chinese workers instead make 33 cents Cuban marketplace. They ought to be lost jobs and lost opportunity for our an hour and work 12 to 13 hours a day ashamed of themselves down at OFAC. country. This town is completely brain 7 days a week. Some insist that is what They know better than that. dead on trade issues. America should compete with. I insist When Secretary of Treasury O’Neill We can start with the Washington that is a race to the bottom of eco- testified at a hearing a couple of years Post and the major news outlets. They nomic standards and one this country ago, I asked him repeatedly about this. do not cover trade or care about it, and should not aspire to win. He finally answered, but he didn’t want if they cover it at all, they only cover What has happened to our Yankee in- to. I asked him, Wouldn’t you, with one side, and that is the side of so- genuity when it comes to international some common sense, much rather use called free trade. Let me tell you where trade? We used to be known as good your assets in OFAC to track the fi- the so-called mantra of free trade has traders. Instead, we now have a strange nancing of terrorists than track Ameri- led: the largest trade deficit in the his- idea that if we can just open up all cans who are suspected of taking a va- tory of our country with massive markets and have no admission stand- cation in Cuba? Finally, he said, Sure, outsourcing of jobs replaced with jobs ards or no admission price to the U.S. sure. that pay less with fewer benefits in our marketplace, and allow the production The OFAC is not a very big agency. country. of most goods to migrate to countries But they have over 20 people who are I have spoken at great length about in the world where you can hire 12- tracking this Cuba issue trying to nab the trade issues to a deafening silence; year-olds, pay them 33 cents an hour, an American person who is suspected of it could be because of my presentation. work them 12 hours a day, and ship the taking vacations in Cuba or trying to But this country, this Congress, this products to Toledo and Santa Fe, that find ways to reinterpret the law to shut town, has to get serious about this America would be better off. And that down agricultural trade to Cuba. They issue because it is hollowing out the is just not so. In fact, as the jobs mi- have more people doing that than they economic stability and opportunity for grate from a country that cannot con- have tracking Osama bin Laden, and this country’s future. tinue to pay workers $11 or $20 an hour, trying to shut down Osama bin Laden’s We have a huge unprecedented trade when corporations will simply move network of funding to support his ter- deficit with China. We buy everything the jobs to China where they are paid rorist activity. China has to manufacture—shoes, 33 cents or 50 cents an hour, this coun- OFAC ought to be ashamed. What a shirts, shorts, trinkets, toys, just name try begins to feel the economic pain false choice for the security of this it. It is coming in an armada of ships and the shrinking of economic oppor- country. And what a false choice for every single day. We buy every single tunity. the welfare and benefit of family farm- day nearly $2 billion more from other It seems to me, that after decades of ers and ranchers, just like the Euro- countries than we are able to export. failed trade policy—whether it is peans and Canadians and others who Why do we do that? I have spoken GATT, WTO, NAFTA, CAFTA or any have access to this marketplace. My about Huffy bicycles, and I will not go one of a number of trade agreements— hope is they will have a meeting in the through the story today, but Ohio at some point those who predicted a administration. My understanding is workers making Huffy bicycles, proud good outcome for these trade agree- they had one late yesterday afternoon, of their jobs, lost their jobs, and Huffy ments, and were so fundamentally or will have one today, and perhaps bicycles are now made in China. The wrong, should be discredited. some common sense will prevail. If not, little red wagon, American Flyer, made NAFTA is an example. We were told we will find a way here on the floor of in America for 120 years, but the em- with respect to NAFTA, This is a good the Congress to see if we can’t make ployees lost their jobs to China. thing for our country because what the right thing happen and perhaps A new report, December 3rd in the will happen if jobs migrate to Mexico, force them to use their resources—or Washington Post: ‘‘A Rough Ride for they will only be low-wage and low-

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.025 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11871 skill jobs. But since NAFTA has been Let me give an example of why over- Custer-Battles over the ordeal, and he in effect, the three largest exports from sight hearings are critical. This comes is also a party to a $50 million Federal Mexico have been automobiles, auto- from a report recently on National lawsuit filed in Virginia under the mobile parts, and electronics, all the Public Radio. I will read this because it False Claims Act. product of high-skilled labor. It is ex- describes why this Congress must begin The other whistleblower in this case actly the opposite of what the experts exercising its oversight responsibility. is a Pete Baldwin, a former country predicted. This is about waste, fraud, abuse, and manager for Custer-Battles in Iraq who I am told that we now import more the American taxpayers being cheated. now runs another firm there. Baldwin cars from Mexico than we export to the Let me read some of it: describes a web of false billing prac- entire rest of the world. We now import Custer-Battles was a young company tices designed to inflate costs and more automobiles from Mexico than we founded by former Army Rangers Scott Cus- boost company profits. He cites a deal export to the entire rest of the world. ter and Michael Battles who came to Iraq on to provide forklifts on a security de- What that means is the migration of borrowed money. An August Wall Street tail. jobs in automobiles and automobile Journal article said that he (Mr. Battles) Now, this is what Baldwin says: parts to Mexico after NAFTA. Why? only had $450 when he convinced an official They confiscated old Iraqi airways green Because of lower wages and fewer to put Custer-Battles [his new company he and white forklifts and transported them out health, environmental, and safety reg- formed] on a list of bidders at an airport se- of the airport facility which Custer-Battles ulations on manufacturing. That has curity contract. had control over and painted them blue, then meant those jobs have left our country. Mr. President, I ask unanimous con- sold them back to the [U.S.] government on It results in part in this very signifi- sent for 5 additional minutes. a lease. cant trade deficit, which, in my judg- The PRESIDING OFFICER. Without He says: ment, injures this country and is a objection, it is so ordered. This is a blatant example where something long-term serious problem. Mr. DORGAN. An August Wall Street was actually acquired free and sold back to I intend to speak at much greater Journal article said Mr. Michael Bat- the government [after they were repainted length about that, and repeatedly, be- tles, a former Army Ranger, showed up blue]. cause we must find legislative ap- in the country of Iraq with $450. He and So Baldwin took his suspicions to proaches to interrupt this failed trade his partner, former Army Ranger Scott Government investigators and quit policy. I am not saying I am opposed to Custer, convinced an official to put over the company’s billing practices. free trade. I believe trade must be fair Custer-Battles, a new company, on a Now Baldwin claims his life has been trade. There must be fair trade require- list of bidders for an airport security threatened because of his actions. ments. This free trade is a mantra that contract. They promised to get the job The Pentagon has suspended Custer- people chant. But chanting ‘‘free done fast, and they won the contract, Battles from receiving further military trade’’ at a time when we are up to our which included two upfront cash ad- contracts and sources, according to neck and choking on trade debt, with vances of $2 million each. NPR, say a Federal criminal investiga- jobs moving from the country in whole- Then there was a fellow, a former tion is ongoing. However, a civil probe sale quantity, it is time to stop that FBI agent, whose name is Isakson who ended in October when the U.S. Justice and decide it ought not be something said 2 weeks into this job, by this two- Department declined to join in the to be ashamed of for anyone to say: My person company that showed up with whistleblower case. interest is in the economic well-being no money but got $2 million of ad- Here is the key, and it is an inter- of the United States of America. I am vanced funding for this contract at the esting piece of information: A spokes- so tired of people refusing to say: My airport—Isakson, a former FBI agent, man says the Bush administration has interest is in protecting the economy said something went wrong. ‘‘They ap- made a policy decision that cheating of our country. proached me to participate in a scheme the Coalition Provision Authority in Why are we afraid to stand up for to defraud the government.’’ Isakson Iraq is, for the most part, not cheating American jobs? Why do we believe it is said it involved bidding for cost plus the U.S. Government. Let me say that inappropriate for an employee to make contracts which guarantee payment for again. This is quoting Mr. Gracing: $15 an hour in a manufacturing plant? a contractor’s actual cost plus an The reason they gave to us is that the Somehow large corporations have con- agreed to profit margin. Bush administration has made a policy deci- vinced most policymakers and edi- This is what Isakson said: sion that cheating the Coalition Provision Authority in Iraq or basically the military, torial writers that it makes a lot of They would take and open a company in and for the most part the U.S. military, is sense to hollow out our manufacturing Lebanon and buy materials through the Leb- not the same as cheating the U.S. govern- anese company, which they owned, then the business. ment. I guarantee this: No country will Lebanese company would sell it to their long remain a world economic power if American company [Custer-Battles] at a The fact is, the Coalition Provisional it does not have a strong manufac- highly inflated rate and then they would Authority was us. It was our money, turing base. We are headed in the charge their profit on top of the highly in- our resources, our people. So here we wrong direction. This country needs to flated rate. In other words, they would make have a company that takes forklift a [big] profit plus another profit. make a U-turn. As I have said, we are trucks from an airport property, moves completely brain dead in trade policy. Isakson said he refused to go along, them someplace to a warehouse, paints We intend to have that discussion. I and he warned company officials that them blue, sells them back to the Coa- will force that discussion in the next such a plan would put them in jail. lition Provisional Authority, which session of Congress. Again, this is an ex-FBI agent. He said pays for them with U.S. taxpayer he could not go along with this. It will funds, and our U.S. Justice Department f put you in jail. says: That’s all right. We’ll close our WHISTLEBLOWER: FIRM DE- The next day at the airport, Isakson eyes while you cheat us because the FRAUDED IRAQ OCCUPATION AU- claims, Custer-Battles security guards Coalition Provisional Authority is not THORITY cornered him in a hallway at gunpoint. really the U.S. Government. Are they Mr. DORGAN. Mr. President, the His brother and his 14-year-old son nuts? Don’t they care whether we are largest area of deficiency for the Con- were there as well. being cheated? gress in the last few years has been the Isakson said: These are the kinds of things that failure to have oversight hearings on They said you’re terminated and you’re literally beg for oversight hearings. issues that demand oversight hearings. under arrest and don’t move or I’ll shoot Yet this Congress is dead silent on I have held some hearings as chairman you. these issues. I said I have held over- of the Democratic Policy Committee, Isakson said the guard took their sight hearings about Iraq with respect in cases where members of other com- weapons and ID badges and eventually to Halliburton. The minute you talk mittees have asked for oversight hear- turned them out of the airport com- about Halliburton, somebody raises the ings and they have been denied. This pound, where they made the dangerous Vice President. I did not talk about the has been particularly true, by the way, journey from Baghdad to the Jordanian Vice President in those hearings, but I when it comes to Halliburton. border. He has filed a lawsuit against talked about Halliburton and about

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.028 S07PT1 S11872 CONGRESSIONAL RECORD — SENATE December 7, 2004 cheating. This is about Halliburton. It selves in the position of dealing with have been cold on it, and they don’t is not about anybody else. lots of things that I think quite easily even have production. Production has When a company says they are feed- could be defined as a role for some to come from somewhere else, but ing 42,000 soldiers and being paid for it other Government level or indeed for there is no interest in that. We need to by the U.S. Government and it ends up the private sector to deal with. talk about alternative sources. We they are only feeding 14,000 soldiers a We find ourselves dealing with a good need to talk about renewables, effi- day, and 28,000 meals are being paid for many of those things that are inter- ciency, and conservation of energy, as that are not being fed, it seems to me esting. I was thinking a while back well as domestic production. We find there ought to be aggressive oversight about the activity we had with respect ourselves with a 60-percent dependence hearings to figure out what is going on, to—I don’t remember what it was—$15 on imported oil, much of which comes who is cheating the Government. Yet million to help kids play tennis. Well, from the Middle East, which is unset- there is dead silence. playing tennis is a great thing, and tled. That is a tough thing. I hope we I come from a really small town, helping kids to play tennis is a great can get moving on that. about 300 people. We have one small lit- thing, but is that a congressional ac- Social Security is a hard one. The tle cafe right in the middle of Main tivity, I wonder. President has talked a great deal about Street. My guess is, if somebody got a I have some concerns from time to it. I am sure there will be some things check for 4 meals that were never time, but there are issues we clearly done here. But clearly there has to be served, they would sure know that, and have to face up to. One of them is something done for the future. It is the same goes for 14 meals, or 40 meals. health care and the cost of health care true that over the next few years It would appropriately be a big deal in throughout the country. Particularly, I things won’t change very much. When my hometown. But 28,000 meals that am aware of the issues of health care in Social Security was begun, I believe are billed but were not delivered to my State of Wyoming, as is the Pre- there were 28 people working for every U.S. troops? In my little town, they siding Officer, which include the fact beneficiary. Now it is about three peo- would call that cheating and fraud. Yet that the costs of health care are begin- ple working for every beneficiary. Ob- there is dead silence with respect to ning to limit access to one of the best viously the system that we started the oversight responsibility we ought health care systems in the world. with is not going to be able to continue to have as a Congress to find out what Well, we have the best health care in to be the kind of system that we need. is happening, why, and who is respon- the world, but if people cannot utilize It is going to be hard. We will have to sible. it and are not able to take advantage get together. Mr. President, I will have more to of it, then, of course, we have to do On the highway bill, nothing is more say about this as well, and we intend to something. The cost of health insur- important to us than having highways. continue to hold oversight hearings as ance, which is related to the cost of We haven’t really done that in terms of well in the Democratic Policy Com- health care, more and more is one of the 6 years looking out. It is important mittee. those issues we need to deal with na- because the highway departments in Mr. President, I yield the floor. tionwide. It is not an easy issue. the various States do almost all their The PRESIDING OFFICER. The Sen- One of the obvious problems is the work by contracting, and they have ator from Wyoming. uninsured. Approximately 40 million difficulty contracting if they don’t Mr. THOMAS. Mr. President, we are are uninsured. Quite often the costs, know what their income is going to be in morning business, as I understand it. when the uninsured receive health The PRESIDING OFFICER. Yes, with over a period of time. care, have to be shifted to those who Obviously, we have to continue our Senators permitted to speak for up to have insurance, and that lifts the price. fight on terrorism until that job is 10 minutes each. The same is true of hospitals and emer- Mr. THOMAS. I thank the Chair. done, whether it is here or in Iraq, gencies and Medicare and Medicaid, wherever. We will do that, I am sure. f which actually pay less than the cost, However, now we are faced with a ISSUES BEFORE CONGRESS quite often, so that cost again is shift- deficit, a legitimate deficit. When you Mr. THOMAS. Mr. President, I want ed. It is particularly difficult for the have emergencies in your business or to take a couple minutes as we come to families of the self-employed. In our in your family, you spend more than the close of this congressional session case, many rural ranchers and farmers you would normally spend. That is and soon will be entering into a new pay very high prices to carry insurance what has happened in the last 4 years. one. It seems to me we have some great for their families. That is one we clear- It hasn’t been normal. We had Sep- challenges before us, of course, as is al- ly need to work on. I don’t suppose we tember 11. We had a turndown in the ways the case. However, in this in- will find the total solution all at once. economy. We had terrorism. We had stance, we have perhaps some more de- We are moving forward in Medicare, Iraq. Now it is more important. I am fined issues than normal. There are but this goes beyond Medicare. This pleased in the last year in our omnibus lots of issues before us, of course. goes to health care in general. We are bill, the increase in discretionary There are always challenging issues going to have to do some things there, spending was only about 1 percent. before the Congress. Sometimes they I am sure. That is good. We will have to continue are less well defined, but this time Energy, of course, continues to be an to do that. hopefully we can come together on issue that we have sort of avoided over I had a thick book outlining all the issues we have talked about, trying to the last couple years. I guess we have Federal programs we have, a tremen- find answers to questions that are im- the idea that all you have to do is turn dous number of Federal programs. I portant to this country. the light on or get in the car and go to hope we can take an analysis of those It seems to me there are several the station and everything is going to from time to time and see if programs issues that are pretty well defined. I be all right. The fact is, demand is ex- that were started 10 years ago are still hope we can find, on both sides of the ceeding production in many of these as viable as they were at that time. I aisle and both sides of the Capitol, areas, and we are going to have to do wish we had programs that ended in a some solutions or at least move toward something about it. I am hopeful we few years so that there would be time some solutions that are very important can at least begin with an energy pol- to evaluate and see what is getting to us. icy—and we have tried a number of done. In doing that, it seems to me—and I times—that looks ahead for 15 years or I hope we can work on some of these will comment on it a little later—we 20 years and says here is what we will things and that we can do a little sort- have to take a long look at the kinds of have to do, here is where we want to ing. I hope we don’t become part of things we deal with here to try to be. And to be there, we have to do that group which thinks that Govern- make some kind of an analysis as to other things. ment action is the only answer to prob- the issues that are appropriate for the Unfortunately, in this body we lems in the world. I hope we don’t Congress to deal with. haven’t been able to pass a policy. I think the Congress has to get involved There are lots of interesting things have never understood why. Some in every issue that is there. Many of going on, of course, but we find our- areas, such as New England, generally them can be better done in the private

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.030 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11873 sector and by local governments. I The concurrent resolution (S. Con. Whereas the use of arbitrary arrests, sus- know you get requests from everyone Res. 78), as amended, was agreed to. pended sentences, and short-term detentions to do something, but we need to con- The amendment (No. 4083) was agreed against the Iranian Baha´ ′ı´s have become trol our activities and control our to, as follows: widespread; Whereas as of November 2004, one Baha´ ′ı´ AMENDMENT NO. 4083 spending and yet do the things that are remains in an Iranian prison for converting there that need to be done. (Purpose: To update the preamble to reflect from Islam to the Baha´ ′ı´ faith in 1995; We have a great challenge and a current events) Whereas on October 10, 2003, the Norwegian great opportunity. Hopefully, we will Insert after the fourth whereas clause the Nobel Committee awarded the Nobel Peace be away for a year or so from the real following: Prize for 2003 to Shirin Ebadi for her efforts intense politics in this body. The elec- ‘‘Whereas Iranian authorities destroyed a involving democracy and human rights, in- Baha´ ′ı´ holy site, the tomb of Quddus, in Feb- tion is over. We might consider that for cluding advocating equal rights for the ruary 2004, and the historic house of the fa- ′ a year or so and really move ahead on Baha´ ı´ community in Iran; ther of the founder of the Baha´ ′ı´ faith in Whereas the conclusions contained in the those things that have merit rather June 2004, marking the first time in 25 years report of October 13, 2003, by the General Af- ′ than political impact. that Baha´ ı´ sites have been destroyed;’’. fairs and External Relations Council of the I yield the floor and suggest the ab- Strike the tenth whereas clause that be- European Union, conveyed the continuing gins ‘‘Whereas as of June 2003’’ and insert the sence of a quorum. concern of the European Union about the following: The PRESIDING OFFICER. The violations of the Baha´ ′ı´s’ right to freedom of ‘‘Whereas as of November 2004, one Baha´ ′ı´ religion, and urged the Iranian Government clerk will call the roll. remains in an Iranian prison for converting to comply with both the recommendations The legislative clerk proceeded to from Islam to the Baha´ ′ı´ faith in 1995;’’. call the roll. made in June 2003 by the United Nations The preamble, as amended, was Working Group on Arbitrary Detention and (Mr. THOMAS assumed the chair.) agreed to. The resolution, with its pre- Mr. THOMAS. Mr. President, I ask with the recommendations made in August amble, reads as follows: 2003 by the Committee on the Elimination of unanimous consent that the order for S. CON. RES. 78 Racial Discrimination concerning injustice, the quorum call be rescinded. particularly in relation to education, prop- The PRESIDING OFFICER (Mr. Whereas in 1982, 1984, 1988, 1990, 1992, 1994, 1996, and 2000, Congress, by concurrent reso- erty rights, and employment; and CHAMBLISS). Without objection, it is so lution, declared that it holds the Govern- Whereas in the 2003 General Affairs and Ex- ordered. ment of Iran responsible for upholding the ternal Relations Council report, the Euro- f rights of all Iranian nationals, including pean Union urged the Government of Iran to members of the Baha´ ′ı´ Faith; expedite reform on many fronts, while recog- CONDEMNING REPRESSION OF THE Whereas in those resolutions and in numer- nizing the meetings held in 2003 and the IRANIAN BAHA’I COMMUNITY ous other appeals, Congress has deplored the planned meetings that have been welcomed AND CALLING FOR EMANCI- religious persecution by the Government of by the Government of Iran, to be an impor- PATION OF IRANIAN BAHA’IS Iran of the Baha´ ′ı´ community and has con- tant step toward progress: Now, therefore, be it Mr. THOMAS. Mr. President, I ask demned the execution by Iran of more than 200 Baha´ ′ı´s and the disruptive imprisonment Resolved by the Senate (the House of Rep- unanimous consent that the Com- of thousands of others solely on account of resentatives concurring), that Congress— mittee on Foreign Relations be dis- their religious beliefs; (1) continues to hold the Government of charged from further consideration of Whereas Iranian Baha´ ′ı´s are not permitted Iran responsible for upholding all the rights S. Con. Res. 78 and the Senate proceed to elect their leaders, assemble or organize of its nationals, including members of the to its immediate consideration. as a community, operate religious schools, Baha´ ′ı´ community, in a manner consistent The PRESIDING OFFICER. Without or conduct other religious community ac- with Iran’s obligations under the Universal objection, it is so ordered. The clerk tivities that are guaranteed by the Universal Declaration of Human Rights, adopted and will report the concurrent resolution Declaration of Human Rights, adopted and proclaimed by the United Nations General by title. proclaimed by the United Nations General Assembly Resolution 217(A)(III) of December Assembly Resolution 217(A)(III) of December 10, 1984, and other international agreements The assistant legislative clerk read 10, 1984; guaranteeing the civil and political rights of as follows: Whereas the continued denial of Baha´ ′ı´ Iranian citizens; A concurrent resolution (S. Con. Res. 78) property rights by the Iranian Government (2) condemns the repressive anti-Baha´ ′ı´ condemning the repression of the Iranian is demonstrated by the confiscation by the policies and actions of the Government of Baha´ ’ı´ community and calling for the eman- Iranian Government of a multitude of Baha´ ′ı´ Iran, including the denial of legal recogni- cipation of Iranian Baha´ ’ı´s. community and private properties; tion to the Baha´ ′ı´ community and the basic There being no objection, the Senate Whereas Iranian authorities destroyed a rights to organize, elect leaders, educate proceeded to consider the concurrent Baha´ ′ı´ holy site, the tomb of Quddus, in Feb- youth, and conduct the normal activities of resolution. ruary 2004, and the historic house of the fa- a law-abiding religious community; ther of the founder of the Baha´ ′ı´ faith in (3) expresses concern that individual Mr. THOMAS. Mr. President, I ask June 2004, marking the first time in 25 years Baha´ ′ı´s continue to suffer from severely re- unanimous consent that the amend- that Baha´ ′ı´ sites have been destroyed; pressive and discriminatory government ac- ment to the concurrent resolution be Whereas the Government of Iran continues tions, solely on account of their religion; agreed to, the concurrent resolution, as to deny individual Baha´ ′ı´s access to higher (4) urges the Government of Iran to permit amended, be agreed to, the amendment education and government employment, in Baha´ ′ı´ students to attend Iranian univer- to the preamble be agreed to, the pre- addition to denying recognition and religious sities and Baha´ ′ı´ faculty to teach at Iranian amble, as amended, be agreed to, and rights to the Baha´ ′ı´ community; universities, to return the property con- ´ ′´ ´ ′´ the motion to reconsider be laid upon Whereas because Baha ıs have been banned fiscated from the Baha ı Open University, from teaching and studying at Iranian uni- and to permit the Open University to con- the table, with no intervening action versities since the Islamic Revolution, tinue to function; or debate, and that any statements re- Baha´ ′ı´s established the Baha´ ′ı´ Institute of (5) urges the Government of Iran to imple- lating to this measure be printed in the Higher Education, or Baha´ ′ı´ Open University, ment fully the conclusions and recommenda- RECORD. to provide educational opportunities to tions on the emancipation of the Iranian The PRESIDING OFFICER. Without Baha´ ′ı´ youth using volunteer faculty and a Baha´ ′ı´ community made by the United Na- objection, it is so ordered. network of classrooms, libraries, and labora- tions Working Group on Arbitrary Detention The amendment (No. 4082) was agreed tories in private homes and buildings and also to comply with the recommenda- to, as follows: throughout Iran; tions made in August 2003 by the Committee Whereas in September and October of 1998, on the Elimination of Racial Discrimination; AMENDMENT NO. 4082 officers of the Ministry of Information, the (6) urges the Government of Iran to extend (Purpose: To amend the resolution to update intelligence agency of the Iranian Govern- to the Baha´ ′ı´ community the rights guaran- and reflect current events) ment, arrested 36 faculty members of the teed by the Universal Declaration of Human Beginning with page 5, line 22, strike all Open University; Rights, adopted and proclaimed by the through page 6, line 7, and insert the fol- Whereas on July 19, 2002, Iranian Revolu- United Nations General Assembly Resolution lowing: tionary Guards systematically disrupted stu- 217(A)(III) of December 10, 1984, and other ‘‘(A) assert the concerns of the United dent qualifying examinations for the Open international covenants of human rights, in- States Government regarding violations by University in 9 different districts by cluding the freedoms of thought, conscience, the Iranian Government of the rights of Ira- videotaping the proceedings, questioning the and religion, and equal protection of the law; nian citizens, including members of the students, and confiscating examination pa- (7) calls upon the President to continue Baha´ ’ı´ community;’’. pers and Baha´ ′ı´ books; to—

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.033 S07PT1 S11874 CONGRESSIONAL RECORD — SENATE December 7, 2004 (A) assert the concerns of the United for up to 20 minutes to deliver a fare- fellow Floridians and reminding me States Government regarding violations by well address. what our priorities should be on their the Iranian Government of the rights of Ira- The PRESIDING OFFICER (Mr. behalf here in Washington. Workdays nian citizens, including members of the CRAPO). Without objection, it is so or- and my experiences in Congress have Baha´ ′ı´ community; (B) emphasize that the United States re- dered. taught me ways in which the Federal gards the human rights practices of the Gov- f Government affects the lives of typical Americans and, most acutely, Florid- ernment of Iran, including its treatment of A FOND FAREWELL the Baha´ ′ı´ community and other religious ians. minorities, as a significant factor in the de- Mr. GRAHAM of Florida. Mr. Presi- I come from a State which is marked velopment of relations between the United dent, my 18-year tenure in the Senate with dramatic growth in a very fragile States and Iran; has capped an extremely satisfying per- environment, with a close affiliation (C) urge the Government of Iran to emanci- sonal experience with great rewards with the countries to the south of the pate the Baha´ ′ı´ community by granting and gratification of public service. United States, a State in which one out those rights guaranteed by the Universal These have been some of the most sig- Declaration of Human Rights, adopted and of five of our citizens is over the age of proclaimed by the United Nations General nificant influences on my life. The 65, and therefore programs such as Assembly Resolution 217(A)(III) of December greatest influence, of course, has been Medicare and Social Security take on a 10, 1984, and other international covenants my family. very special significance. How we con- on human rights; and I was born into a family with good duct a law-based immigration system (D) cooperate with international organiza- values and an admiration for education with humanity intimately affects tions, including the United Nations and its and an interest in politics. In February many of our people, as does the obliga- agencies, in efforts to protect the religious of 1936, my mother and father made ′ tion to use power responsibly. All of rights of the Baha´ ı´s and other minorities two significant decisions. First, my fa- through joint appeals to the Government of these issues I have learned about at Iran; and ther, who was a mining engineer by greater depth during my service in the (8) calls upon the President to— education and a dairy farmer by occu- Senate. (A) initiate an active and consistent dia- pation, a man who had become ex- What I have also gained in my three logue with other governments who are influ- tremely distressed at the level of un- terms here is an appreciation of the in- ential with Iran in order to persuade the derworld corruption in Dade County, stitution of the Senate and the unique Government of Iran to rectify its human FL, decided to run for the Florida role it plays in balancing our Govern- rights practices; and State Senate to represent that county ment in order to avoid excessive power (B) urge the European Union to use its re- on a platform of cleaning up under- lationship with Iran to address and advance falling into the hands of any one per- these fundamental human rights issues. world corruption. son or governmental institution. The second decision my parents made One of our greatest responsibilities f in February of 1936 was to have a baby. as Members of the Senate is to assure PROVIDING FOR FEDERAL EM- I was the happy result of that second an independent judiciary. I am espe- PLOYEE ELECTIONS TO MAKE, decision. My mother says that I came cially pleased that I was able to join MODIFY, AND TERMINATE CON- by my political instincts from the my Florida colleagues in the Senate in TRIBUTIONS TO THRIFT SAVINGS womb, that she spent her whole preg- establishing and maintaining a bipar- FUND nancy going to political activities and tisan, merit-based process by which we Mr. THOMAS. Mr. President, I ask that I became addicted. recommended and confirmed applicants unanimous consent that the Senate Throughout my public career, I have for the Federal judiciary. proceed to the immediate consider- had the love and support of my partner Particularly, I am gratified by the ation of H.R. 4324, which was received of 45 years, Adele. No person in public work I did with former Senator Connie from the House. life could have a more loving, a more Mack. As a Democrat and as a Repub- The PRESIDING OFFICER. The caring, and a more contributing part- lican, we forwarded outstanding judi- clerk will report the bill by title. ner than I. cial candidates to both Democratic and The assistant legislative clerk read At one point, Adele used to be nerv- Republican Presidents. Because this as follows: ous in public settings. Today, I wish I process was based on judicial merit, A bill (H.R. 4324) to amend chapter 84 of had her calm, her persuasiveness, her Florida nominees have been uniformly title 5, United States Code, to provide for effectiveness in public settings. To- and expeditiously accepted for nomina- Federal employees to make elections to gether, we have had the privilege of tion and confirmation. make, modify, and terminate contributions raising four wonderful daughters, two I also came to see the Senate as our to the Thrift Savings Fund at any time, and of whom were born after our first elec- country’s best graduate school, offer- for other purposes. tion to public office. ing access to private seminars with the There being no objection, the Senate All of those qualities have been en- best and the brightest, supplemented proceeded to consider the bill. hanced during my Senate years, includ- by outside organizations such as the Mr. THOMAS. Mr. President, I ask ing the addition of 11 grandchildren. On Aspen Institute’s congressional pro- unanimous consent that the bill be Thanksgiving Day I shared a special gram and the InterAmerican Dialog’s read a third time and passed, the mo- tradition with 9 of those 11 grand- Focus on Hemispheric Issues. tion to reconsider be laid upon the children when they joined me here at Finally, Mr. President, as with you table, and that any statements relating this desk on the Senate floor and ob- and your father, I came to appreciate to this bill be printed in the RECORD. served and critiqued my skills—and the people of the Senate. Simply put, I The PRESIDING OFFICER. Without lack of skills—as I carved my name enjoy being around politicians and the objection, it is so ordered. into the Senate desk. The bill (H.R. 4324) was read the third people who love politics, including my The second greatest influence is my time and passed. staff and the family of the Senate, and Mr. THOMAS. Mr. President, I sug- home, the State of Florida. I thought I including the journalists who cover our gest the absence of a quorum. knew a lot about Florida as a native activities. I value my relationship with The PRESIDING OFFICER. The and as a two-term Governor, but I have each of my colleagues, and I wish I had clerk will call the roll. learned so much more during the last the time to tell a story about each of The assistant legislative clerk pro- 18 years. Since 1974, I have been taking you. ceeded to call the roll. different jobs, jobs alongside fellow Mr. President, your father was one of Mr. GRAHAM of Florida. Mr. Presi- Floridians, and as of last Thursday I the first people I met when I came into dent, I ask unanimous consent that the have done 406 of these workdays; 214 of the Senate. We had a number of things order for the quorum call be rescinded. them have been done since I became a in common in our background and The PRESIDING OFFICER (Mr. Member of the Senate. Even though my quickly formed a friendship which was THOMAS). Without objection, it is so or- day job is 1,000 miles away from where one of the most significant parts, par- dered. many Floridians live, these workdays ticularly, of my early years in the Sen- Mr. GRAHAM of Florida. Mr. Presi- have been an important part of main- ate. My grief at his loss is diluted by dent, I ask unanimous consent to speak taining a close relationship with my the knowledge not only that he has

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.010 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11875 been followed by his son, but that his While they were doing that, they would inordinate amount of time examining a son is a person of such exemplary spend time with the families of their series of mistakes, of acts of treachery qualities as you represent. colleagues. They would become more and of bureaucratic turf fighting. What I would also like to single out one of than just occasional colleagues. They we failed adequately to do was to look my colleagues, a non-Floridian, as rep- would become genuine friends. forward to the threats and challenges resentative of the over 200 people with It was out of that development of re- that our intelligence agencies needed whom I have served during my tenure lationships across regions and across to address before those threats and in the Senate. Senator JAY ROCKE- parties that the Senate came to earn challenges resolved into a tragedy. We FELLER has been very special to me. We the title of ‘‘the world’s most exclusive desperately need to apply this principle served as Governors at the same time. club.’’ And it was the club where the of looking out the front windshield to JAY, as much as anyone, encouraged essential bond was that of common re- our accumulative deficits, budgetary me to run for the Senate. spect. deficits, trade deficits, transportation I especially treasure the relation- The jet airplane began to change and public utilities deficits, education ships I have had with my congressional that, because instead of staying here deficits among them. These deficits are political mentors such as Congressman for a 5-day workweek and then a week- challenges which this generation, un- Danny Fascell and Senator, later Con- end of personal relations with the fami- like our forefathers, is ignoring be- gressman, Claude Pepper, and my Flor- lies of their colleagues, it became pos- cause they are tough and managing ida colleagues in this institution: sible for each Member of the Senate to them now has political downsides. But Lawton Chiles, Connie Mack, and BILL leave on Friday to return to their it is wrong, it is immoral to let our NELSON. home State for whatever request was grandchildren do the heavy lifting be- BILL NELSON is a man I have known made of them. The Senator knew that cause we have refused to do so. for over 40 years. In each stage of his and the requesting organization knew We need to learn again the principle life he has been committed to public that. So it became a matter of political of federalism that our forefathers laid service and to excellence in the execu- necessity to respond. out for us. I come out of a Jeffersonian tion of that public service. It has been The effect of that was not only did philosophy believing that the best gov- a joy for the last 4 years jointly rep- the work of the Senate extend from 6 ernmental decisions are most likely to resenting our 17 million constituents to 7 months to today’s 7th of Decem- be made by those closest to the citizens with BILL. I greatly admire his con- ber—we have been in session now for 11 who will be affected by those decisions. tributions to Florida and to the Na- months and 1 week—it also meant that I recognize the importance of a na- tion. I wish to Senator NELSON a long those weekends of personal relation- tional response to truly national issues tenure in the Senate. Florida and ships were largely lost. and to the protection of the civil rights America will be better places because My No. 1 suggestion in this post-jet of all citizens. But America’s great of his service. airplane age is that we try to get back contribution to political thought has I am also hugely grateful to those to the tradition of spending more time been federalism, the sharing of respon- sibility between a central government who have been willing to share this together as families, as Americans, journey with me, the tens of thousands and our 50 individual States. rather than as Republicans and Demo- I am concerned that this apprecia- of people who have worked with me in crats. For instance, rather than hold- my successful statewide campaigns, tion for federalism has too frequently ing our traditional partisan retreats in been situational. We at the Federal and the over 1,000 people who have the spring of the year, huddling as reds joined me in public service in appoint- level, the national level, determine and blues, we should go to a retreat as what outcome we wish to secure and ive or staff positions. I regret that I do a whole Senate celebrating the families not have time today to name all of then support either centralization or a of this great institution. distribution of power based on what them, but illustrative of all of them I I point to the pending intelligence re- will mention a few: Buddy Shorstein, has a better chance of achieving the form bill, which I hope we will pass in goal we seek. We would be well advised Ken Klein, and Buddy Menn, all of the next day, as an example of what to resist this temptation. whom have served as chiefs of staff in can be done when we recognize that an Daily we are learning from the head- the Senate; Gary Smith, Dick Bur- issue is so important to our Nation lines of Ukraine and Iraq and other roughs, Charles Reed, Jay Hakes, and that we must work together to under- countries such as America with a di- Tom Herndon, who served in a similar stand the problem and then develop so- verse population which are struggling position when I was Governor of Flor- lutions which are driven by prag- to secure peace and prosperity. These ida; Mary Chiles, Ellen Roth, Lula matism, not ideology. foreign countries remind us of how dif- Rodriguez, Susan McGinn, and Lydia I suggest we apply the lessons that ficult it is to hold to the model of fed- Mount; Al Cumming and Bob are being learned in developing and eralism unless we are prepared to treat Filippone; Mark Block, John forming and passing intelligence re- it with respect even when it may result Provenzano, and Paul Anderson—these form to some of the challenges that are in a different outcome than we would wonderful people and a thousand more before us now such as reform of Social personally prefer. who have shared this joyful experience Security and Medicare, and reform of Finally, we should support the insti- in public service. our energy policy that we as a nation tution of the Senate. Its procedures Winston Churchill once declared: would be well served. and prerogatives are not arbitrary but Now is not the end. It is not even the be- Franklin Roosevelt declared in 1940: reflect a responsibility to balance a ginning of the end. But it is, perhaps, the end complex government which is designed of the beginning. I do not believe that the common denomi- nator of our great men in public life has not to protect the freedoms of the people My friends, the Senate needs to re- been mere allegiance to one political party, against the temptation of government gain its tradition of controlled par- but the disinterested devotion with which becoming authoritarian. tisanship; in other words, placing coun- they have strived to serve the whole coun- I would like to give special recogni- try before party. Another of my Flor- try—and the relative unimportance that tion to Senator ROBERT BYRD. Frankly, ida political mentors, former Governor they have ascribed to politics compared with when I entered this institution, Sen- the paramount importance of government. and Senator, Spessard Holland, once ator BYRD and I had some disagree- said that it was the jet airplane that The Congress should also spend less ments over how we thought the Na- caused the greatest change in the cul- time looking at the rearview mirror for tional Government should address its ture of the Senate. the accidents behind and more time priorities. But over the years, I have Prior to the jet airplane, Senator looking out of the front windshield. come to gain increasing respect and ad- Holland and his wife would come in the Since I have served there for a decade miration for his defense of the institu- first week of January to Washington, including 18 months as chairman, I tion of the Senate precisely because it would settle in the hotel where they would cite the Intelligence Committee plays such a crucial role in protecting would live while they were here, and as a prime example of this institu- our individual freedoms. they would spend the next 6 to 7 tional failure to focus ahead. Prior to Mine has been a wonderful life, an ex- months doing the business of America. September 11, the committee spent an citing and unpredictable journey. But

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.042 S07PT1 S11876 CONGRESSIONAL RECORD — SENATE December 7, 2004 it is a journey that is not ending but, The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I am rather, taking a different course. I am objection, it is so ordered. pleased that the Senate is poised to planning to travel especially in Latin The bill (H.R. 4620) was read the third pass S. 1301, the DeWine-Schumer- America to teach, to write at least one time and passed. Leahy Video Voyeurism Prevention more book, to continue my years of in- f Act of 2004. This bill targets the per- terest in relations within the Western nicious practice of invading a person’s VIDEO VOYEURISM PREVENTION hemisphere and in modernizing Amer- privacy through the surreptitious use ACT OF 2004 ica’s intelligence capability, and fi- of hidden surveillance equipment. Spe- nally to fulfill our responsibilities to Mr. ALEXANDER. Mr. President, I cifically, the bill makes it a crime to future generational leaders through ask the Chair lay before the Senate a capture an improper, naked, or near- the creation of an institution that in- message from the House of Representa- naked image of a person without his or stills the values of public service of tives on the bill (S. 1301) to amend title her consent, and in such a way as to such great Floridians such as LeRoy 18, United States Code, to prohibit violate his or her privacy. Any person Collins, Reubin Askew, and our former video voyeurism in the special mari- found guilty of video voyeurism as out- colleague Lawton Chiles. time and territorial jurisdiction of the lined in the bill may be fined or impris- These are things that excite me, that United States, and for other purposes. oned for up to 1 year or both. inspire me and to which I am convinced The PRESIDING OFFICER laid be- In recent years, the explosion of I can make a better contribution as a fore the Senate the following message microcamera technology has fed the private citizen at this, the end of the from the House of Representatives: growing phenomenon of video voyeurism. Hidden cameras have been beginning of my life. S. 1301 discovered in bedrooms, bathrooms, Four years after he left the Presi- Resolved, That the bill from the Senate (S. public showers, changing rooms, locker dency, President Harry Truman said: 1301) entitled ‘‘An Act to amend title 18, United States Code, to prohibit video rooms, and tanning salons, all aimed at I have seen a great many men in public voyeurism in the special maritime and terri- filming unsuspecting victims in var- life, and one of their besetting sins is to stay torial jurisdiction of the United States, and ious states of undress. Often, the inva- in office too long. for other purposes’’, do pass with the fol- sion of privacy is exacerbated when I decided that I would not be guilty lowing amendment: captured images are posted on the of this common failing, and that I Strike out all after the enacting clause and Internet for all the world to see. insert: should make way for younger men. I commend Senators DEWINE and SECTION 1. SHORT TITLE. I extend my congratulations to the SCHUMER for bringing this invasive man Floridians have chosen as my suc- This Act may be cited as the ‘‘Video Voyeurism Prevention Act of 2004’’. practice to the attention of the Judici- cessor, soon to be Senator MEL MAR- ary Committee and for crafting a bill TINEZ. I wish him the very best in his SEC. 2. PROHIBITION OF VIDEO VOYEURISM. (a) IN GENERAL.—Title 18, United States Code, that addresses it in a thoughtful and new role. MEL is a friend. He is a good is amended by inserting after chapter 87 the fol- measured manner. In addition, I thank man who has served Florida and Amer- lowing new chapter: them for addressing a concern I raised ica in many different positions of re- ‘‘CHAPTER 88—PRIVACY during the committee’s consideration sponsibility. I know the Senate will of the bill. As introduced, the bill did welcome him to his new home in the ‘‘Sec. ‘‘1801. Video voyeurism. not expressly prohibit ‘‘cyber-peep- Senate. ing’’—a particularly offensive form of ‘‘§ 1801. Video voyeurism We Floridians have high expectations video voyeurism involving the contem- ‘‘(a) Whoever, in the special maritime and ter- for Senator MEL MARTINEZ and for ritorial jurisdiction of the United States, has the poraneous transmission of improper those who will be serving in the 109th intent to capture an image of a private area of images of a non-consenting person over Congress and beyond. an individual without their consent, and know- the Internet through Web cameras and Goodbye, Mr. President. ingly does so under circumstances in which the other means. As reported by the Judi- I suggest the absence of a quorum. individual has a reasonable expectation of pri- ciary Committee, the ‘‘cyber-peeping’’ The PRESIDING OFFICER. The vacy, shall be fined under this title or impris- loophole has been closed: The bill be- clerk will call the roll. oned not more than one year, or both. fore the Senate today covers the simul- The legislative clerk proceeded to ‘‘(b) In this section— taneous Web casting of images or any ‘‘(1) the term ‘capture’, with respect to an call the roll. other transmissions that may not be Mr. ALEXANDER. Mr. President, I image, means to videotape, photograph, film, record by any means, or broadcast; recorded so that defendants who use ask unanimous consent that the order ‘‘(2) the term ‘broadcast’ means to electroni- this means of violating people’s pri- for the quorum call be rescinded. cally transmit a visual image with the intent vacy cannot escape punishment. The PRESIDING OFFICER. Without that it be viewed by a person or persons; The National Center for Victims of objection, it is so ordered. ‘‘(3) the term ‘a private area of the individual’ Crime has dubbed video voyeurism means the naked or undergarment clad genitals, f ‘‘the new frontier of stalking.’’ The pubic area, buttocks, or female breast of that in- States are already responding to this CONFIRMING AUTHORITY OF THE dividual; ‘‘new frontier’’ in many different ways. SECRETARY OF AGRICULTURE ‘‘(4) the term ‘female breast’ means any por- tion of the female breast below the top of the Some have passed video voyeurism Mr. ALEXANDER. Mr. President, on areola; and laws; others have addressed the con- behalf of the leader, I ask unanimous ‘‘(5) the term ‘under circumstances in which duct within the context of their laws consent that the Senate proceed to the that individual has a reasonable expectation of against stalking. The Video Voyeurism immediate consideration of H.R. 4620, privacy’ means— Prevention Act brings the Federal which is at the desk. ‘‘(A) circumstances in which a reasonable per- criminal laws to bear on those who The PRESIDING OFFICER. The son would believe that he or she could disrobe in commit this offense within the special clerk will report the bill by title. privacy, without being concerned that an image of a private area of the individual was being maritime or territorial jurisdiction of The legislative clerk read as follows: captured; or the United States. It should be enacted A bill (H.R. 4620) to confirm the authority ‘‘(B) circumstances in which a reasonable per- without delay. of the Secretary of Agriculture to collect ap- son would believe that a private area of the in- Mr. DEWINE. Mr. President, I rise proved State commodity assessments on be- dividual would not be visible to the public, re- today in support of passage of the half of the State from the proceeds of mar- gardless of whether that person is in a public or Video Voyeurism Prevention Act of keting assistance loans. private place. 2004. This act would help safeguard the There being no objection, the Senate ‘‘(c) This section does not prohibit any lawful privacy we all value, and help ensure proceeded to consider the bill. law enforcement, correctional, or intelligence that our criminal law reflects the reali- Mr. ALEXANDER. Mr. President, I activity.’’. (b) AMENDMENT TO PART ANALYSIS.—The ties of rapidly changing technology. It ask unanimous consent that the bill be table of chapters at the beginning of part I of would do this by prohibiting both the read a third time and passed, the mo- title 18, United States Code, is amended by in- filming of and taking compromising tion to reconsider be laid upon the serting after the item relating to chapter 87 the pictures of people in places where they table, and that any statements relating following new item: expect privacy the most. This impor- to the bill be printed in the RECORD. ‘‘88. Privacy ...... 1801’’. tant legislation would give prosecutors

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.044 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11877 and law enforcement officers the tools Mr. ALEXANDER. Mr. President, I gressman Jack Fields Post Office,’’ was they need to fully prosecute these dis- ask unanimous consent that the bills considered, ordered to be engrossed for turbing acts, acts that have, tragically, be read a third time and passed, the a third reading, read the third time, become more and more prevalent. motions to reconsider be laid upon the and passed. For example, a woman in my home table en bloc, and that any statements f State of Ohio became a victim of video relating to the bills be printed in the voyeurism while she attended a church RECORD. UNITED STATES POSTAL SERVICE picnic with her young daughter. She The PRESIDING OFFICER. Without HENRY JOHNSON ANNEX told the Cincinnati Enquirer that, ‘‘as objection, it is so ordered. The bill (H.R. 480) to redesignate the I crouched down to put the baby in my f facility of the United States Postal stroller, I saw a video camera sticking Service located at 747 Broadway in Al- out of his bag, taping up my dress. . . . EARL B. GILLIAM/IMPERIAL bany, New York, as the ‘‘United States It rocked my whole sense of security.’’ AVENUE POST OFFICE BUILDING Postal Service Henry Johnson Annex,’’ The law needs to say clearly that such The bill (H.R. 5364) to designate the was considered, ordered to be engrossed an act is illegal. facility of the United States Postal for a third reading, read the third time, As disturbing as these acts are, they Service located at 5505 Stevens Way in and passed. are occurring with increasing fre- San Diego, California, as the ‘‘Earl B. f quency and are going unpunished. Al- Gilliam/Imperial Avenue Post Office DONALD G. BROTZMAN POST most weekly, there are reports of cam- Building,’’ was considered, ordered to OFFICE BUILDING eras found in public bathrooms and be engrossed for a third reading, read changing rooms. Just recently, an em- the third time, and passed. The bill (H.R. 5370) to designate the ployee of the New Mexico Department facility of the United States Postal f of Transportation had installed a tiny Service located at 4985 Moorhead Ave- camera in an office restroom. What BILL MONROE POST OFFICE nue in Boulder, Colorado, as the ‘‘Don- makes these crimes even more trou- The bill (H.R. 4968) to designate the ald G. Brotzman Post Office Building,’’ bling is the ease with which these im- facility of the United States Postal was considered, ordered to be engrossed ages can be transmitted to countless Service located at 25 McHenry Street for a third reading, read the third time, people via the Internet. Now, not only in Rosine, Kentucky, as the ‘‘Bill Mon- and passed. has an individual been victimized by roe Post Office,’’ was considered, or- f having per picture taken, she faces the dered to be engrossed for a third read- HIPOLITO F. GARCIA FEDERAL possibility of millions more seeing ing, read the third time, and passed. those pictures in cyberspace. BUILDING AND UNITED STATES While video voyeurism is currently f COURTHOUSE illegal in over 30 States, including LIEUTENANT GENERAL JAMES V. Ohio, there are still areas where pros- EDMUNDSON POST OFFICE JAMES V. HANSEN FEDERAL ecutors are unable to file charges for BUILDING BUILDING these crimes. As the defense attorney The bill (H.R. 4847) to designate the for one video voyeur aptly observed, facility of the United States Postal ‘‘The criminal law necessarily lags be- Service located at 560 Bay Isles Road in TOMOCHICHI UNITED STATES hind technology and human inge- Longboat Key, Florida, as the ‘‘Lieu- COURTHOUSE nuity.’’ tenant General James V. Edmundson This legislation takes an important Mr. ALEXANDER. Mr. President, on Post Office Building,’’ was considered, behalf of the leader, I ask unanimous step toward ensuring a person that he ordered to be engrossed for a third or she will not be filmed or photo- consent that the Environment and reading, read the third time, and Public Works Committee be discharged graphed where there is a reasonable ex- passed. pectation of privacy on Federal land, from further consideration of H.R. 3884, like at a national park. Additionally, f H.R. 3147, and H.R. 2523, and that the Senate proceed to their immediate con- the bill makes certain that perpetra- IRMA RANGEL POST OFFICE sideration en bloc. tors of video voyeurism are punished, BUILDING by imposing a sentence of a fine or im- The PRESIDING OFFICER. Without The bill (H.R. 4829) to designate the prisonment for up to 1 year. objection, it is so ordered. facility of the United States Postal I thank my colleagues for supporting The clerk will report the bills by Service located at 103 East Kleberg in the legislation. title. Mr. ALEXANDER. Mr. President, I Kingsville, Texas, as the ‘‘Irma Rangel The legislative clerk read as follows: ask unanimous consent that the Sen- Post Office Building,’’ was considered, A bill (H.R. 3884) to designate the Federal ate concur in the House amendment, ordered to be engrossed for a third building and United States courthouse lo- the motion to reconsider be laid upon reading, read the third time, and cated at 615 East Houston Street in San An- the table, and that any statements re- passed. tonio, Texas, as the Hipolito F. Garcia Fed- eral Building and United States Courthouse. f lating to the bill be printed in the A bill (H.R. 3147) to designate the Federal RECORD. ADAM G. KINSER POST OFFICE building located at 324 Twenty-Fifth Street The PRESIDING OFFICER. Without BUILDING in Ogden, Utah, as the James V. Hansen Fed- objection, it is so ordered. eral Building. The bill (H.R. 4807) to designate the f A bill (H.R. 2523) to designate the United facility of the United States Postal States courthouse located at 125 Bull Street UNANIMOUS CONSENT AGREE- Service located at 140 Sacramento in Savannah, Georgia, as the Tomochichi MENT—H.R. 5364, H.R. 4968, H.R. Street in Rio Vista, California, as the United States Courthouse. 4847, H.R. 4829, H.R. 4807, H.R. 4232, ‘‘Adam G. Kinser Post Office Build- There being no objection, the Senate H.R. 480, and H.R. 5370 ing,’’ was considered, ordered to be en- proceeded to consider the bills, en bloc. Mr. ALEXANDER. Mr. President, I grossed for a third reading, read the Mr. ALEXANDER. I ask unanimous ask unanimous consent that the Sen- third time, and passed. consent that the bills be read a third ate proceed to the immediate consider- f time and passed and that the motions ation of the following postal naming to reconsider be laid upon the table en bills which have been received from the CONGRESSMAN JACK FIELDS POST bloc. House en bloc: H.R. 5364, H.R. 4968, H.R. OFFICE The PRESIDING OFFICER. Without 4847, H.R. 4829, H.R. 4807, H.R. 4232, H.R. The bill (H.R. 4232) to redesignate the objection, it is so ordered. 480, and H.R. 5370. facility of the United States Postal The bills (H.R. 3884, H.R. 3147, and The PRESIDING OFFICER. Without Service located at 4025 Feather Lakes H.R. 2523) were read the third time and objection, it is so ordered. Way in Kingwood, Texas, as the ‘‘Con- passed.

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.015 S07PT1 S11878 CONGRESSIONAL RECORD — SENATE December 7, 2004 JOE SKEEN FEDERAL BUILDING to attend other schools served by the two øSEC. 3. AUTHORIZATION FOR PARK FACILITIES local educational agencies. TO BE LOCATED OUTSIDE THE ø(b) PURPOSE.—The purpose of this Act is BOUNDARIES OF YOSEMITE NA- to authorize the Secretary of the Interior to TIONAL PARK. F. H. NEWELL BUILDING provide supplemental funding and other serv- øSection 814(c) of the Omnibus Parks and Mr. ALEXANDER. I ask unanimous ices that are necessary to assist the State of Public Lands Management Act of 1996 (16 consent that the Senate now proceed to California or local educational agencies in U.S.C. 346e) is amended— ø(1) in the first sentence— the consideration of H.R. 3734 and H.R. California in providing educational services for students attending schools located within ø(A) by inserting ‘‘and Yosemite National 3124, en bloc. the Park. Park’’ after ‘‘Zion National Park’’; and The PRESIDING OFFICER. Without øSEC. 2. PAYMENTS FOR EDUCATIONAL SERV- ø(B) by inserting ‘‘transportation systems objection, it is so ordered. ICES. and’’ before ‘‘the establishment of’’; and Mr. ALEXANDER. I ask unanimous ø(a) AUTHORITY TO PROVIDE FUNDS.—For ø(2) by striking ‘‘park’’ each place it ap- consent that the bills be read a third fiscal years 2003 through 2007, the Secretary pears and inserting ‘‘parks’’.¿ time and passed and that the motions may provide funds to the Bass Lake Joint SECTION 1. TABLE OF CONTENTS. to reconsider be laid upon the table en Union Elementary School District and the The table of contents of this Act is as follows: Mariposa Unified School District for edu- Sec. 1. Table of contents. bloc. cational services to students who are depend- The PRESIDING OFFICER. Without ents of persons engaged in the administra- TITLE I—FUNDING FOR YOSEMITE objection, it is so ordered. tion, operation, and maintenance of the Park NATIONAL PARK SCHOOLS The bills (H.R. 3734 and H.R. 3124) or students who live at or near the Park Sec. 101. Short title. were read the third time and passed. upon real property of the United States. Sec. 102. Payments for educational services. ø(b) LIMITATION ON USE OF FUNDS.—Pay- Sec. 103. Authorization for park facilities to be f ments made by the Secretary under this sec- located outside the boundaries of tion may not be used for new construction, TO AUTHORIZE THE SECRETARY Yosemite National Park; fees. construction contracts, or major capital im- TITLE II—RANCHO CORRAL DE TIERRA OF THE INTERIOR TO PROVIDE provements, and may be used only to pay GOLDEN GATE NATIONAL RECREATION SUPPLEMENTAL FUNDING TO public employees for services otherwise au- AREA BOUNDARY ADJUSTMENT ASSIST THE STATE OF CALI- thorized by this Act. FORNIA IN PROVIDING EDU- ø(c) LIMITATION ON AMOUNT OF FUNDS.— Sec. 201. Short title. Sec. 202. Golden Gate National Recreation CATIONAL SERVICES Payments made under this section shall not exceed the lesser of $400,000 in any fiscal year Area, California. Mr. ALEXANDER. Mr. President, I or the amount necessary to provide students Sec. 203. Manzanar National Historic Site Advi- ask unanimous consent that the Sen- described in subsection (a) with educational sory Commission. ate proceed to the immediate consider- services that are normally provided and gen- TITLE I—FUNDING FOR YOSEMITE ation of Calendar No. 478, H.R. 620. erally available to students who attend pub- NATIONAL PARK SCHOOLS lic schools elsewhere in the State of Cali- SEC. 101. SHORT TITLE. The PRESIDING OFFICER. The fornia. This title may be cited as the ‘‘Yosemite Na- clerk will report the bill by title. ø(d) ADJUSTMENT OF PAYMENTS.—Subject The legislative clerk read as follows: to subsection (c), the Secretary is authorized tional Park School Funding Act’’. to adjust payments made under this section SEC. 102. PAYMENTS FOR EDUCATIONAL SERV- A bill (H.R. 620) to authorize the Secretary ICES. of the Interior to provide supplemental fund- if the State of California or the appropriate (a) AUTHORITY TO PROVIDE FUNDS.—For fiscal ing and other services that are necessary to local education agencies do not continue to years 2004 through 2008, the Secretary may pro- assist the State of California or local edu- provide funding for educational services at vide funds to the Bass Lake Joint Union Ele- cational agencies in California in providing Park schools at per student levels that are mentary School District and the Mariposa Uni- educational services for students attending equal to or greater than those provided in the fiscal year immediately prior to the date fied School District for educational services to schools located within the Park. of the enactment of this section. students who are dependents of persons engaged There being no objection, the Senate ø(e) SOURCE OF PAYMENTS.— in the administration, operation, and mainte- proceed to consider the bill, which had ø(1) AUTHORIZED SOURCES.—Except as pro- nance of the Park or students who live at or been reported from the Committee on vided in paragraph (2), in order to make pay- near the Park upon real property of the United Energy and Natural Resources with an ments under this section, the Secretary may States. amendment to strike all after the en- use funds available to the National Park (b) LIMITATION ON USE OF FUNDS.—Payments Service from appropriations, donations, or made by the Secretary under this section may acting clause and insert in lieu thereof fees. not be used for new construction, construction the following: ø(2) EXCEPTIONS.—Funds from the fol- contracts, or major capital improvements, and (Strike the part shown in black lowing sources may not be used to make pay- may be used only to pay public employees for brackets and insert the part shown in ments under this section: services otherwise authorized by this title. italic.) ø(A) Fees authorized and collected under (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- H.R. 620 the Land and Water Conservation Fund Act ments made under this section shall not exceed of 1965 (16 U.S.C. 460l–4 et seq.). the lesser of $400,000 in any fiscal year or the Be it enacted by the Senate and House of Rep- ø(B) The recreational fee demonstration amount necessary to provide students described resentatives of the United States of America in program under section 315 of the Department in subsection (a) with educational services that Congress assembled, of the Interior and Related Agencies Appro- are normally provided and generally available øSECTION 1. FINDINGS AND PURPOSE. priations Act, 1996 (as contained in section to students who attend public schools elsewhere ø(a) FINDINGS.—Congress finds the fol- 101(c) of Public Law 104–134; 16 U.S.C. 460l–6a in the State of California. lowing: note). (d) ADJUSTMENT OF PAYMENTS.—Subject to ø(1) The three elementary schools serving ø(C) The national park passport program subsection (c), the Secretary is authorized to ad- the children of employees of Yosemite Na- established under section 602 of the National just payments made under this section if the tional Park are served by the Bass Lake Parks Omnibus Management Act of 1998 (16 State of California or the appropriate local edu- Joint Union Elementary School District and U.S.C. 5992). cation agencies do not continue to provide fund- the Mariposa Unified School District. ø(D) Emergency appropriations for Yosem- ing for educational services at Park schools at ø(2) The schools are in remote moun- ite flood recovery. per student levels that are equal to or greater tainous areas and long distances from other ø(f) DEFINITIONS.—For the purposes of this than those provided in the fiscal year imme- educational and administrative facilities of Act, the following definitions apply: diately prior to the date of the enactment of this the two local educational agencies. ø(1) LOCAL EDUCATIONAL AGENCIES.—The Act. ø(3) Because of their remote locations and term ‘‘local educational agencies’’ has the (e) SOURCE OF PAYMENTS.— relatively small number of students, schools meaning given that term in section 9101(26) (1) AUTHORIZED SOURCES.—Except as other- serving the children of employees of the of the Elementary and Secondary Education wise provided in this subsection, the Secretary Park provide fewer services in more basic fa- Act of 1965. may use funds available to the National Park cilities than the educational services and fa- ø(2) EDUCATIONAL SERVICES.—The term Service from appropriations, donations, or fees. cilities provided to students that attend ‘‘educational services’’ means services that (2) EXCEPTIONS.—Funds from the following other schools served by the two local edu- may include maintenance and minor up- sources shall not be used to make payments cational agencies. grades of facilities and transportation to and under this section: ø(4) Because of the long distances involved from school. (A) Any law authorizing the collection or ex- and adverse weather and road conditions ø(3) PARK.—The term ‘‘Park’’ means Yo- penditure of entrance or use fees at units of the that occur during much of the school year, it semite National Park. National Park System, including— is impractical for the children of employees ø(4) SECRETARY.—The term ‘‘Secretary’’ (i) the Land and Water Conservation Fund of the Park who live within or near the Park means the Secretary of the Interior. Act of 1965 (16 U.S.C. 460l–4 et seq.);

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\CR\FM\G07DE6.049 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11879 (ii) the recreational fee demonstration pro- ation Area’, numbered NPS–80–076, and dated ment, and resource materials at the Oxford gram established under section 315 of the De- July 2000/PWR–PLRPC. Research Station in Granville County, North partment of the Interior and Related Agencies ‘‘(E) Lands generally depicted on the map en- Carolina, to the State of North Carolina, to Appropriations Act, 1996 (16 U.S.C. 460l–6a titled ‘Rancho Corral de Tierra Additions to the provide for the conveyance of Federal lands, note); or Golden Gate National Recreation Area’, num- and for other purposes. (iii) the National Park Passport Program es- bered NPS–80,079E, and dated March 2004. There being no objection, the Senate ‘‘(3) ACQUISITION LIMITATION.—The Secretary tablished under section 602 of the National proceeded to consider the bill. Parks Omnibus Management Act of 1998 (16 may acquire land described in paragraph (2)(E) U.S.C. 5992). only from a willing seller.’’. Mr. ALEXANDER. I ask unanimous (B) Emergency appropriations for flood recov- (b) ADVISORY COMMISSION.—Section 5 of Pub- consent the bill be read a third time ery at Yosemite National Park. lic Law 92–589 (16 U.S.C. 460bb–4) is amended— and passed, the motion to reconsider be (f) DEFINITIONS.—For the purposes of this (1) by striking subsection (b) and inserting the laid on the table, and any statements title, the following definitions apply: following new subsection: relating to the bill be printed in the (1) LOCAL EDUCATIONAL AGENCIES.—The term ‘‘(b) MEMBERSHIP.—The Commission shall be composed of 18 members appointed by the Sec- RECORD. ‘‘local educational agencies’’ has the meaning The PRESIDING OFFICER. Without given that term in section 9101(26) of the Ele- retary for terms of five years each. In appoint- mentary and Secondary Education Act of 1965 ing such members, the Secretary shall ensure objection, it is so ordered. (20 U.S.C. 7801(26)). that the interests of local, historic recreational The bill (H.R. 2119) was read the third (2) EDUCATIONAL SERVICES.—The term ‘‘edu- users of the recreation area are represented.’’; time and passed. cational services’’ means services that may in- and clude maintenance and minor upgrades of facili- (2) in subsection (g), by striking ‘‘cease to f ties and transportation to and from school. exist thirty years after the enactment of this Act’’ and inserting ‘‘terminate on December 31, (3) PARK.—The term ‘‘Park’’ means Yosemite SPECIALTY CROPS National Park. 2014’’. COMPETITIVENESS ACT OF 2004 SEC. 203. MANZANAR NATIONAL HISTORIC SITE (4) SECRETARY.—The term ‘‘Secretary’’ means Mr. ALEXANDER. Mr. President, I the Secretary of the Interior. ADVISORY COMMISSION. Section 105(h) of Public Law 102–248 (16 ask unanimous consent that the Sen- SEC. 103. AUTHORIZATION FOR PARK FACILITIES U.S.C. 461 note) is amended by striking ‘‘10 TO BE LOCATED OUTSIDE THE ate proceed to the immediate consider- BOUNDARIES OF YOSEMITE NA- years after the date of enactment of this title’’ ation of H.R. 3242, which is at the desk. TIONAL PARK; FEES. and inserting ‘‘on December 31, 2013’’. The PRESIDING OFFICER. The (a) AUTHORIZATION FOR PARK FACILITIES TO Mr. ALEXANDER. I ask unanimous clerk will report the bill by title. BE LOCATED OUTSIDE THE BOUNDARIES OF YO- consent that the substitute amend- The legislative clerk read as follows: SEMITE NATIONAL PARK.—Section 814(c) of the ment at the desk be agreed to, the Omnibus Parks and Public Lands Management A bill (H.R. 3242) to ensure an abundant committee-reported amendment, as and affordable supply of highly nutritious Act of 1996 (16 U.S.C. 346e) is amended— amended, be agreed to, the bill as (1) in the first sentence— fruits, vegetables, and other specialty crops (A) by inserting ‘‘and Yosemite National amended be read a third time and for American consumers and international Park’’ after ‘‘Zion National Park’’; and passed, the amendment to the title be markets by enhancing the competitiveness (B) by inserting ‘‘transportation systems and’’ agreed to, the motions to reconsider be of United States-grown specialty crops, and before ‘‘the establishment of’’; and laid on the table en bloc, and that any for other purposes. (2) by striking ‘‘park’’ each place it appears statements relating to the bill be There being no objection, the Senate and inserting ‘‘parks’’. printed in the RECORD. proceeded to consider the bill. (b) FEES.—Section 501 of the National Parks The PRESIDING OFFICER. Without Mr. ALEXANDER. I ask unanimous Omnibus Management Act of 1998 (16 U.S.C. objection, it is so ordered. consent the bill be read a third time 5981) is amended in the first sentence by insert- The amendment (No. 4084) was agreed and passed and the motion to recon- ing ‘‘, cooperative agreement, or other contrac- tual agreement’’ after ‘‘contract’’. to. sider be laid upon the table. (The text of the amendment is print- The PRESIDING OFFICER. Without TITLE II—RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION ed in today’s RECORD under ‘‘Text of objection, it is so ordered. AREA BOUNDARY ADJUSTMENT Amendments.’’) The bill (H.R. 3242) was read the third The committee amendment in the SEC. 201. SHORT TITLE. time and passed. This title may be cited as the ‘‘Rancho Corral nature of a substitute, as amended, was f de Tierra Golden Gate National Recreation Area agreed to. Boundary Adjustment Act’’. The bill (H.R. 620), as amended, was EDWARD H. MCDANIEL AMERICAN SEC. 202. GOLDEN GATE NATIONAL RECREATION read the third time and passed. AREA, CALIFORNIA. The title was amended so as to read: LEGION POST NO. 22 LAND CON- (a) BOUNDARY ADJUSTMENT.—Section 2(a) of ‘‘An Act to authorize the Secretary of the VEYANCE ACT Public Law 92–589 (16 U.S.C. 460bb–1(a)) is Interior to provide supplemental funding and Mr. ALEXANDER. Mr. President, I amended— other services that are necessary to assist ask the Chair lay before the Senate a (1) by striking ‘‘The recreation area shall com- certain local school districts in the State of message from the House of Representa- California in providing educational services prise’’ and inserting the following: tives on the bill (S. 1521) to direct the ‘‘(1) INITIAL LANDS.—The recreation area shall for students attending schools located within comprise’’; and Yosemite National Park, to authorize the Secretary of the Interior to convey cer- (2) by striking ‘‘The following additional Secretary of the Interior to adjust the tain land to the Edward H. McDaniel lands are also’’ and all that follows through the boundaries of the Golden Gate National American Legion Post No. 22 in period at the end of the subsection and inserting Recreation Area, and for other purposes.’’. Pahrump, Nevada, for the construction the following new paragraphs: f of a post building and memorial park ‘‘(2) ADDITIONAL LANDS.—In addition to the for use by the American Legion, other TO PROVIDE FOR THE CONVEY- lands described in paragraph (1), the recreation veterans’ groups, and the local commu- area shall include the following: ANCE OF FEDERAL LANDS, IM- nity. ‘‘(A) The parcels numbered by the Assessor of PROVEMENTS, EQUIPMENT, AND The PRESIDING OFFICER laid be- Marin County, California, 119–040–04, 119–040– RESOURCE MATERIALS AT THE fore the Senate the following message 05, 119–040–18, 166–202–03, 166–010–06, 166–010–07, OXFORD RESEARCH STATION IN from the House of Representatives: 166–010–24, 166–010–25, 119–240–19, 166–010–10, GRANVILLE COUNTY, NORTH 166–010–22, 119–240–03, 119–240–51, 119–240–52, S. 1521 119–240–54, 166–010–12, 166–010–13, and 119–235– CAROLINA, TO THE STATE OF Resolved, That the bill from the Senate (S. 10. NORTH CAROLINA 1521) entitled ‘‘An Act to direct the Sec- ‘‘(B) Lands and waters in San Mateo County Mr. ALEXANDER. Mr. President, I retary of the Interior to convey certain land generally depicted on the map entitled ‘Sweeney ask unanimous consent the Senate now to the Edward H. McDaniel American Legion Ridge Addition, Golden Gate National Recre- proceed to the immediate consider- Post No. 22 in Pahrump, Nevada, for the con- ation Area’, numbered NRA GG–80,000–A, and struction of a post building and memorial dated May 1980. ation of H.R. 2119, which is at the desk. park for use by the American Legion, other ‘‘(C) Lands acquired under the Golden Gate The PRESIDING OFFICER. The veterans’ groups, and the local community’’, National Recreation Area Addition Act of 1992 clerk will report the bill by title. do pass with the following amendments: (16 U.S.C. 460bb–1 note; Public Law 102–299). The legislative clerk read as follows: ‘‘(D) Lands generally depicted on the map en- A bill (H.R. 2119) to provide for the convey- Strike out all after the enacting titled ‘Additions to Golden Gate National Recre- ance of Federal lands, improvements, equip- clause and insert:

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.012 S07PT1 S11880 CONGRESSIONAL RECORD — SENATE December 7, 2004 TITLE I—LAND CONVEYANCE (2) In section 104, by striking ‘‘Governor’’ and to help ensure appropriate transition of the SEC. 101. SHORT TITLE. all that follows through ‘‘organizations’’ in the management entity to the Association and co- This Act may be cited as the ‘‘Edward H. matter preceding paragraph (1) and inserting ordination with the Association regarding that McDaniel American Legion Post No. 22 Land ‘‘National Coal Heritage Area Authority, a pub- role.’’. Conveyance Act’’. lic corporation and government instrumentality (3) By adding at the end the following new sections: SEC. 102. DEFINITIONS. established by the State of West Virginia, pursu- In this Act: ant to which the Secretary shall assist the Na- ‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTI- TY. (1) POST NO. 22.—The term ‘‘Post No. 22’’ tional Coal Heritage Area Authority’’. ‘‘Upon the termination of the Commission, the means the Edward H. McDaniel American Le- (3) In section 105— (A) by striking ‘‘paragraph (2) of’’; and management entity for the corridor shall be the gion Post No. 22 in Pahrump, Nevada. (B) by adding at the end the following new Association. (2) SECRETARY.—The term ‘‘Secretary’’ means sentence: ‘‘Resources within Lincoln County, the Secretary of the Interior, acting through the ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSO- West Virginia, and Paint Creek and Cabin CIATION. Director of the Bureau of Land Management. Creek within Kanawha County, West Virginia, ‘‘For purposes of preparing and implementing SEC. 103. CONVEYANCE OF LAND TO EDWARD H. shall also be eligible for assistance as deter- the management plan developed under section MCDANIEL AMERICAN LEGION POST NO. 22. mined by the National Coal Heritage Area Au- 121, the Association may use Federal funds (a) CONVEYANCE ON CONDITION SUBSEQUENT.— thority.’’. made available under this title— ‘‘(1) to make loans and grants to, and enter Not later than 180 days after the date of enact- (4) In section 106(a)— (A) by striking ‘‘Governor’’ and all that fol- into cooperative agreements with, States and ment of this Act, subject to valid existing rights lows through ‘‘and Parks’’ and inserting ‘‘Na- their political subdivisions, private organiza- and the condition stated in subsection (c) and in tional Coal Heritage Area Authority’’; and tions, or any person; accordance with the Act of June 14, 1926 (com- (B) in paragraph (3), by striking ‘‘State of ‘‘(2) to hire, train, and compensate staff; and monly known as the ‘‘Recreation and Public West Virginia’’ and all that follows through ‘‘(3) to enter into contracts for goods and serv- Purposes Act’’) (43 U.S.C. 869 et seq.), the Sec- ‘‘entities’’ and inserting ‘‘National Coal Herit- ices. retary shall convey to Post No. 22, for no con- age Area Authority’’. ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. sideration, all right, title, and interest of the (b) AGREEMENT CONTINUING IN EFFECT.—The ‘‘The Association shall— United States in and to the parcel of land de- contractual agreement entered into by the Sec- ‘‘(1) develop and submit to the Secretary for scribed in subsection (b). retary of the Interior and the Governor of West approval under section 123 a proposed manage- ESCRIPTION OF LAND.—The parcel of land (b) D Virginia prior to the date of the enactment of ment plan for the corridor not later than 2 years referred to in subsection (b) is the parcel of Bu- this Act pursuant to section 104 of title I of divi- after Federal funds are made available for this reau of Land Management land that— sion II of the Omnibus Parks and Public Lands purpose; (1) is bounded by Route 160, Bride Street, and Management Act of 1996 (16 U.S.C. 461 note) ‘‘(2) give priority to implementing actions set Dandelion Road in Nye County, Nevada; forth in the management plan, including taking (2) consists of approximately 4.5 acres of land; shall be deemed as continuing in effect, except that such agreement shall be between the Sec- steps to assist units of local government, re- and gional planning organizations, and other orga- (3) is more particularly described as a portion retary and the National Coal Heritage Area Au- 1 thority. nizations— of the S ⁄4 of section 29, T. 20 S., R. 54 E., ‘‘(A) in preserving the corridor; Mount Diablo and Base Meridian. TITLE IV—COASTAL HERITAGE TRAIL ‘‘(B) in establishing and maintaining interpre- (c) CONDITION ON USE OF LAND.— ROUTE IN NEW JERSEY tive exhibits in the corridor; (1) IN GENERAL.—Post No. 22 and any succes- SEC. 401. REAUTHORIZATION OF APPROPRIA- ‘‘(C) in developing recreational resources in sors of Post No. 22 shall use the parcel of land TIONS FOR COASTAL HERITAGE the corridor; described in section (b) for the construction and TRAIL ROUTE IN NEW JERSEY. ‘‘(D) in increasing public awareness of and operation of a post building and memorial park (a) REAUTHORIZATION.—Section 6 of Public appreciation for the natural, historical, and ar- for use by Post No. 22, other veterans groups, Law 100–515 (16 U.S.C. 1244 note) is amended— chitectural resources and sites in the corridor; and the local community for events and activi- (1) in subsection (b)(1), by striking and ties. ‘‘$4,000,000’’ and all that follows and inserting ‘‘(E) in facilitating the restoration of any his- (2) REVERSION.—Except as provided in para- ‘‘such sums as may be necessary.’’; and toric building relating to the themes of the cor- graph (3), if the Secretary, after notice to Post (2) in subsection (c), by striking ‘‘10’’ and in- ridor; No. 22 and an opportunity for a hearing, makes serting ‘‘12’’. ‘‘(3) encourage by appropriate means eco- a finding that Post No. 22 has used or permitted (b) STRATEGIC PLAN.— nomic viability in the corridor consistent with the use of the parcel for any purpose other than (1) IN GENERAL.—The Secretary of the Interior the goals of the management plan; the purpose specified in paragraph (1) and Post shall, by not later than 2 years after the date of ‘‘(4) consider the interests of diverse govern- No. 22 fails to discontinue that use, title to the the enactment of this Act, prepare a strategic mental, business, and other groups within the parcel shall revert to the United States, to be plan for the New Jersey Coastal Heritage Trail corridor; administered by the Secretary. Route. ‘‘(5) conduct public meetings at least quarterly (3) WAIVER.—The Secretary may waive the re- (2) CONTENTS.—The strategic plan shall de- regarding the implementation of the manage- quirements of paragraph (2) if the Secretary de- scribe— ment plan; termines that a waiver would be in the best in- (A) opportunities to increase participation by ‘‘(6) submit substantial changes (including terests of the United States. national and local private and public interests any increase of more than 20 percent in the cost in planning, development, and administration of TITLE II—EXTENSIONS estimates for implementation) to the manage- the New Jersey Coastal Heritage Trail Route; ment plan to the Secretary; SEC. 201. AUTHORIZATION AND APPROPRIATION and ‘‘(7) for any year in which Federal funds have EXTENSIONS. (B) organizational options for sustaining the been received under this title— Division II of the Omnibus Parks and Public New Jersey Coastal Heritage Trail Route. ‘‘(A) submit an annual report to the Secretary Lands Management Act of 1996 (Public Law TITLE V—ILLINOIS AND MICHIGAN CANAL setting forth the Association’s accomplishments, 104–333; 16 U.S.C. 461 note) is amended— NATIONAL HERITAGE CORRIDOR expenses and income, and the identity of each (1) in each of sections 107, 208, 408, 507, 811, entity to which any loans and grants were made and 910, by striking ‘‘September 30, 2012’’ and SEC. 501. SHORT TITLE. This title may be cited as the ‘‘Illinois and during the year for which the report is made; inserting ‘‘September 30, 2027’’; ‘‘(B) make available for audit all records per- (2) in each of sections 108(a), 209(a), 409(a), Michigan Canal National Heritage Corridor Act Amendments of 2004’’. taining to the expenditure of such funds and 508(a), 812(a), and 909(c), by striking any matching funds; and ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and SEC. 502. TRANSITION AND PROVISIONS FOR NEW ‘‘(C) require, for all agreements authorizing MANAGEMENT ENTITY. (3) in title VIII, by striking ‘‘Canal National expenditure of Federal funds by other organiza- The Illinois and Michigan Canal National Heritage Corridor’’ each place it appears in the tions, that the receiving organizations make Heritage Corridor Act of 1984 (Public Law 98– section headings and text and inserting ‘‘Na- available for audit all records pertaining to the tional Heritage Canalway’’. 398; 16 U.S.C. 461 note) is amended as follows: (1) In section 103— expenditure of such funds. TITLE III—NATIONAL COAL HERITAGE (A) in paragraph (8), by striking ‘‘and’’; ‘‘SEC. 122. USE OF FEDERAL FUNDS. AREA (B) in paragraph (9), by striking the period ‘‘(1) IN GENERAL.—The Association shall not SEC. 301. NATIONAL COAL HERITAGE AREA. and inserting ‘‘; and’’; and use Federal funds received under this title to ac- (a) NATIONAL COAL HERITAGE AREA AUTHOR- (C) by adding at the end the following: quire real property or an interest in real prop- ITY; BOUNDARY REVISION.—Title I of division II ‘‘(10) the term ‘Association’ means the Canal erty. of the Omnibus Parks and Public Lands Man- Corridor Association (an organization described ‘‘(2) OTHER SOURCES.—Nothing in this title agement Act of 1996 (Public Law 104–333; 16 under section 501(c)(3) of the Internal Revenue precludes the Association from using Federal U.S.C. 461 note) is amended as follows: Code of 1986 and exempt from taxation under funds from other sources for authorized pur- (1) In section 103(b), by inserting ‘‘(1)’’ before section 501(a) of such Code).’’. poses. ‘‘the counties’’ and by inserting the following (2) By adding at the end of section 112 the fol- ‘‘SEC. 123. MANAGEMENT PLAN. before the period: ‘‘; (2) Lincoln County, West lowing new paragraph: ‘‘(a) PREPARATION OF MANAGEMENT PLAN.— Virginia; and (3) Paint Creek and Cabin Creek ‘‘(7) The Secretary shall enter into a memo- Not later than 2 years after the date that Fed- in Kanawha County, West Virginia’’. randum of understanding with the Association eral funds are made available for this purpose,

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.017 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11881 the Association shall submit to the Secretary for mentation) to the management plan. Funds to have any effect on any liability under any approval a proposed management plan that made available under this title may not be ex- other law, of any private property owner with shall— pended to implement any changes made by a respect to any persons injured on such private ‘‘(1) take into consideration State and local substantial amendment until the Secretary ap- property. plans and involve residents, local governments proves that substantial amendment. ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL and public agencies, and private organizations ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSIST- LAND USE.—Nothing in this title shall be con- in the corridor; ANCE; OTHER FEDERAL AGENCIES. strued to modify the authority of Federal, State, ‘‘(2) present comprehensive recommendations ‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.— or local governments to regulate land use. for the corridor’s conservation, funding, man- Upon the request of the Association, the Sec- ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY agement, and development; retary may provide technical assistance, on a OWNERS IN CORRIDOR.—Nothing in this title ‘‘(3) include actions proposed to be under- reimbursable or nonreimbursable basis, and fi- shall be construed to require the owner of any taken by units of government and nongovern- nancial assistance to the Association to develop private property located within the boundaries mental and private organizations to protect the and implement the management plan. The Sec- of the corridor to participate in or be associated resources of the corridor; retary is authorized to enter into cooperative with the corridor. ‘‘(4) specify the existing and potential sources agreements with the Association and other pub- ‘‘(e) EFFECT OF ESTABLISHMENT.—The bound- of funding to protect, manage, and develop the lic or private entities for this purpose. In assist- aries designated for the corridor represent the corridor; and ing the Association, the Secretary shall give pri- area within which Federal funds appropriated ‘‘(5) include the following: ority to actions that in general assist in— for the purpose of this title may be expended. ‘‘(A) Identification of the geographic bound- ‘‘(1) conserving the significant natural, his- The establishment of the corridor and its bound- aries of the corridor. toric, cultural, and scenic resources of the cor- aries shall not be construed to provide any non- ‘‘(B) A brief description and map of the cor- ridor; and existing regulatory authority on land use within ridor’s overall concept or vision that show key ‘‘(2) providing educational, interpretive, and the corridor or its viewshed by the Secretary, sites, visitor facilities and attractions, and phys- recreational opportunities consistent with the the National Park Service, or the Association.’’. ical linkages. purposes of the corridor. SEC. 504. TECHNICAL AMENDMENTS. ‘‘(C) Identification of overall goals and the ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.— Section 116 of Illinois and Michigan Canal strategies and tasks intended to reach them, and Any Federal agency conducting or supporting National Heritage Corridor Act of 1984 is amend- a realistic schedule for completing the tasks. activities directly affecting the corridor shall— ed— ‘‘(D) A listing of the key resources and themes ‘‘(1) consult with the Secretary and the Asso- (1) by striking subsection (b); and of the corridor. ciation with respect to such activities; (2) in subsection (a)— ‘‘(E) Identification of parties proposed to be ‘‘(2) cooperate with the Secretary and the As- (A) by striking ‘‘(a)’’ and all that follows responsible for carrying out the tasks. sociation in carrying out their duties under this through ‘‘For each’’ and inserting ‘‘(a) For ‘‘(F) A financial plan and other information title; each’’; on costs and sources of funds. ‘‘(3) to the maximum extent practicable, co- (B) by striking ‘‘Commission’’ and inserting ‘‘(G) A description of the public participation ordinate such activities with the carrying out of ‘‘Association’’; (C) by striking ‘‘Commission’s’’ and inserting process used in developing the plan and a pro- such duties; and posal for public participation in the implementa- ‘‘(4) to the maximum extent practicable, con- ‘‘Association’s’’; (D) by redesignating paragraph (2) as sub- tion of the management plan. duct or support such activities in a manner section (b); and ‘‘(H) A mechanism and schedule for updating which the Association determines is not likely to the plan based on actual progress. (E) by redesignating subparagraphs (A) and have an adverse effect on the corridor. (B) as paragraphs (1) and (2), respectively. ‘‘(I) A bibliography of documents used to de- ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. velop the management plan. TITLE VI—POTASH ROYALTY REDUCTION ‘‘(a) IN GENERAL.—To carry out this title ‘‘(J) A discussion of any other relevant issues there is authorized to be appropriated SEC. 601. SHORT TITLE. relating to the management plan. $10,000,000, except that not more than $1,000,000 This Act may be cited as the ‘‘Potash Royalty ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a may be appropriated to carry out this title for Reduction Act of 2004’’. proposed management plan is not submitted to any fiscal year. SEC. 602. POTASSIUM AND POTASSIUM COM- the Secretary within 2 years after the date that POUNDS FROM SYLVITE. ‘‘(b) 50 PERCENT MATCH.—The Federal share Federal funds are made available for this pur- of the cost of activities carried out using any as- (a) ROYALTY RATE.—Notwithstanding section pose, the Association shall be ineligible to re- sistance or grant under this title shall not ex- 102(a)(9) of the Federal Land Policy and Man- ceive additional funds under this title until the ceed 50 percent of that cost. agement Act of 1976 (43 U.S.C. 1701(a)(9)), sec- Secretary receives a proposed management plan tion 2 of the Act of February 7, 1927 (30 U.S.C. from the Association. ‘‘SEC. 126. SUNSET. 282) and the term of any lease issued under such ‘‘The authority of the Secretary to provide as- ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The section 2, the royalty rate on the quantity or Secretary shall approve or disapprove a pro- sistance under this title terminates on September gross value of the output from Federal lands of posed management plan submitted under this 30, 2027.’’. potassium and potassium compounds from the title not later than 180 days after receiving such SEC. 503. PRIVATE PROPERTY PROTECTION. mineral sylvite at the point of shipment to mar- proposed management plan. If action is not The Illinois and Michigan Canal National ket in the 5-year period beginning on the date of taken by the Secretary within the time period Heritage Corridor Act of 1984 is further amended the enactment of this Act shall be 1.0 percent. specified in the preceding sentence, the manage- by adding after section 126 (as added by section (b) RECLAMATION FUND.—Fifty percentum of ment plan shall be deemed approved. The Sec- 502 of this title) the following new sections: any royalties paid pursuant to this Act during retary shall consult with the local entities rep- ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF the 5-year period referred to in subsection (a), resenting the diverse interests of the corridor in- PRIVATE PROPERTY. together with any interest earned from the date cluding governments, natural and historic re- ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY of payment, shall be paid by the Secretary of source protection organizations, educational in- OWNERS REQUIRED.—No privately owned prop- the Treasury to the payor of the royalties to be stitutions, businesses, recreational organiza- erty shall be preserved, conserved, or promoted used solely for land reclamation purposes in ac- tions, community residents, and private prop- by the management plan for the corridor until cordance with a schedule to implement a rec- erty owners prior to approving the management the owner of that private property has been no- lamation plan for the lands for which the royal- plan. The Association shall conduct semi-an- tified in writing by the Association and has ties are paid. No payment shall be made by the nual public meetings, workshops, and hearings given written consent for such preservation, Secretary of the Treasury pursuant to this sub- to provide adequate opportunity for the public conservation, or promotion to the Association. section until the Secretary of the Interior re- and local and governmental entities to review ‘‘(b) LANDOWNER WITHDRAW.—Any owner of ceives from the payor of the royalties, and ap- and to aid in the preparation and implementa- private property included within the boundary proves, the reclamation plan and schedule, and tion of the management plan. of the corridor, and not notified under sub- submits the approved schedule to the Secretary ‘‘(d) EFFECT OF APPROVAL.—Upon the ap- section (a), shall have their property imme- of the Treasury. The share of royalties held by proval of the management plan as provided in diately removed from the boundary of the cor- the Secretary of the Treasury pursuant to this subsection (c), the management plan shall su- ridor by submitting a written request to the As- subsection, and interest earned thereon, shall be persede the conceptual plan contained in the sociation. available until paid pursuant to this subsection, National Park Service report. ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. without further appropriation; shall not be con- ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing sidered as money received under section 35 of Secretary disapproves a proposed management in this title shall be construed to— the Mineral Leasing Act (30 U.S.C. 191) for the plan within the time period specified in sub- ‘‘(1) require any private property owner to purpose of revenue allocation; and shall not be section (c), the Secretary shall advise the Asso- allow public access (including Federal, State, or reduced by any administrative or other costs in- ciation in writing of the reasons for the dis- local government access) to such private prop- curred by the United States. approval and shall make recommendations for erty; or (c) STUDY AND REPORT.—After the end of the revisions to the proposed management plan. ‘‘(2) modify any provision of Federal, State, or 4-year period beginning on the date of the en- ‘‘(f) APPROVAL OF AMENDMENTS.—The Sec- local law with regard to public access to or use actment of this Act, and before the end of the 5- retary shall review and approve all substantial of private property. year period beginning on that date, the Sec- amendments (including any increase of more ‘‘(b) LIABILITY.—Designation of the corridor retary of the Interior shall report to the Con- than 20 percent in the cost estimates for imple- shall not be considered to create any liability, or gress on the effects of the royalty reduction

VerDate Aug 04 2004 01:52 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.017 S07PT1 S11882 CONGRESSIONAL RECORD — SENATE December 7, 2004 under this Act, including a recommendation on and any statements related to the bill The assistant legislative clerk pro- whether the reduced royalty rate for potassium be printed in the RECORD. ceeded to call the roll. from sylvite should apply after the end of the 5- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I year period. objection, it is so ordered. ask unanimous consent that the order TITLE VII—SODA ASH ROYALTY The amendment (No. 4085) was agreed for the quorum call be dispensed with. REDUCTION to. The PRESIDING OFFICER (Mr. AL- SEC. 701. SHORT TITLE. (The text of the amendment is print- EXANDER). Without objection, it is so This Act may be cited as the ‘‘Soda Ash Roy- ed in today’s RECORD under ‘‘Text of ordered. alty Reduction Act of 2004’’. Amendment.’’) SEC. 702. FINDINGS. f f The Congress finds the following: FAREWELL TO ACTING SEC- (1) The combination of global competitive REMOVAL OF INJUNCTION OF RETARY OF THE ARMY LES pressures, flat domestic demand, and spiraling SECRECY BROWNLEE costs of production threaten the future of the United States soda ash industry. Mr. ALEXANDER. Mr. President, as Mr. FRIST. Mr. President, I would (2) Despite booming world demand, growth in in executive session, I ask unanimous like to take a moment to honor a dis- United States exports of soda ash since 1997 has consent the injunction of secrecy be re- tinguished American for his tireless, been flat, with most of the world’s largest mar- moved from the following revision dedicated service to the U.S. Army, the kets for such growth, including Brazil, the Peo- transmitted to the Senate on December U.S. Senate, and the American people. ple’s Republic of China, India, the countries of 7, 2004, by the President of the United After more than four decades of na- eastern Europe, and the Republic of South Afri- States: 1995 Revision of Radio Regula- ca, have been closed by protectionist policies. tional service, Acting Secretary of the tions (Treaty Document No. 108–28). Army Less Brownlee is resigning his (3) The People’s Republic of China is the I further ask that the revision be prime competitor of the United States in soda post as Under Secretary of the Army. considered as having been read the first ash production, and recently supplanted the Secretary Brownlee is a highly deco- time, that it be referred with accom- United States as the largest producer of soda rated veteran. He has earned the Silver panying papers to the Committee on ash in the world. Star with Oak Leaf Cluster, the Bronze (4) Over 700 jobs have been lost in the United Foreign Relations and ordered to be Star with two Oak Leaf Clusters, and a States soda ash industry since the Department printed, and that the President’s mes- Purple Heart during his two tours of of the Interior increased the royalty rate on sage be printed in the RECORD. duty in Vietnam and over 22 years on soda ash produced on Federal land, in 1996. The PRESIDING OFFICER. Without active duty. (5) Reduction of the royalty rate on soda ash objection, it is so ordered. produced on Federal land will provide needed The message of the President is as He has also served this body with dis- relief to the United States soda ash industry follows: tinction for 18 years as a Hill staff and allow it to increase export growth and com- member, reaching the post of staff di- petitiveness in emerging world markets, and cre- To the Senate of the United States: With a view to receiving the advice rector for the Armed Services Com- ate new jobs in the United States. mittee. During his time on the com- SEC. 703. REDUCTION IN ROYALTY RATE ON SODA and consent of the Senate to ratifica- ASH. tion, I transmit herewith the 1995 Revi- mittee, Secretary Brownlee was the Notwithstanding section 102(a)(9) of the Fed- sion of the Radio Regulations, with ap- committee’s principal professional eral Land Policy Management Act of 1976 (43 pendices, signed by the United States staff member responsible for Army and U.S.C. 1701(a)(9)), section 24 of the Mineral at Geneva on November 17, 1995 (the Marine Corps programs, Special Oper- Leasing Act (30 U.S.C. 262), and the terms of ‘‘1995 Revision’’), together with dec- ations Forces, and drug interdiction any lease under that Act, the royalty rate on policy and support. In addition, he was the quantity or gross value of the output of so- larations and reservations of the United States as contained in the final deeply involved in policies and pro- dium compounds and related products at the grams ranging from ballistic missile point of shipment to market from Federal land Acts of the World Radiocommunication in the 5-year period beginning on the date of the Conference (WRC–95). I transmit also, defense and weapons programs to stra- enactment of this Act shall be 2 percent. for the information of the Senate, the tegic deterrence and naval strategy. SEC. 704. STUDY. report of the Department of State con- Most recently, during his 18 months After the end of the 4-year period beginning cerning these revisions. as Acting Secretary of the Army, Sec- on the date of the enactment of this Act, and be- The 1995 Revision, which was adopted retary Brownlee has been responsible fore the end of the 5-year period beginning on at WRC–95, constitutes a revision of for managing the Army’s $80 billion an- that date, the Secretary of the Interior shall re- the International Telecommunication nual budget and more than 1.3 million port to the Congress on the effects of the royalty Union (ITU) Radio Regulations, to Active Duty, National Guard, Army reduction under this Act, including— Reserve, and civilian personnel. As a (1) the amount of sodium compounds and re- which the United States is a party. It lated products at the point of shipment to mar- provides for the simplification of the part of this duty, Secretary Brownlee ket from Federal land during that 4-year period; Radio Regulations, the introduction of has overseen recruiting, organizing, (2) the number of jobs that have been created new global mobile-satellite services, supplying, equipping, training, and mo- or maintained during the royalty reduction pe- and new regulatory provisions both for bilization efforts. riod; non-geostationary satellites operating In addition, during his tenure, the (3) the total amount of royalty paid to the in the same frequency bands as geo- Army began the process of an extraor- United States on the quantity or gross value of dinary transformation to meet the the output of sodium compounds and related stationary satellites and for other new products at the point of shipment to market pro- space services that share spectrum threats and challenges of the 21st cen- duced during that 4-year period, and the por- with the space research and terrestrial tury. Most notably, the Army has born tion of such royalty paid to States; and services. the brunt of the global war on ter- (4) a recommendation of whether the reduced Subject to the U.S. declarations and rorism, making all Americans proud of royalty rate should apply after the end of the 5- reservations mentioned above, I believe its victories and achievements in Af- year period beginning on the date of the enact- the United States should become a ghanistan, Iraq, and other far-off ment of this Act. party to the 1995 Revision, which will places around the globe. Amend the title so as to read ‘‘An Act to Throughout these challenging times direct the Secretary of the Interior to con- facilitate the development of mobile- vey certain land to the Edward H. McDaniel satellite and non-geostationary sat- for the Nation and our Armed Forces, American Legion Post No. 22 in Pahrump, ellite orbit communication services by Secretary Brownlee has consistently Nevada, for the construction of a post build- U.S. Government and industry, it is my provided strong, steady leadership for ing and memorial park for use by the Amer- hope that the Senate will take early the Army as it adapts and prepares for ican Legion, other veterans’ groups, and the action on this matter and give its ad- the future. His service as Acting Sec- local community, and for other purposes.’’. vice and consent to ratification. retary of the Army will undoubtedly Mr. ALEXANDER. I ask unanimous GEORGE W. BUSH, have a profound impact on our fighting consent the Senate concur in the House The White House, December 7, 2004. men and women and will ensure that amendment, with an amendment which Mr. ALEXANDER. I suggest the ab- the Army remains the world’s finest is at the desk, concur in the House sence of a quorum. fighting force for years to come. amendment to the title, the motions to The PRESIDING OFFICER. The I congratulate Secretary Brownlee on reconsider be laid on the table en bloc, clerk will call the roll. a brilliant career. I thank him for his

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.017 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11883 commitment and dedication to making nized. His vision, adaptability, and pas- sis of horrific proportions. World AIDS America stronger and safer, and I wish sion for customer success have enabled Day is a day to remember the millions him all the best in his future endeav- him to gain recognition for the Office of lives lost to and devastated by this ors. of the Administrative Assistant to the global pandemic and to strengthen our f Secretary of the Army as a preferred commitment to fight this disease. support provider throughout Head- Last year, Congress passed legisla- RETIREMENT OF ADMINISTRATIVE quarters, Department of the Army, and tion that created the Office of the ASSISTANT TO SECRETARY OF Defense Department activities within Global AIDS Coordinator and pledged THE ARMY the Pentagon and the National Capital $15 billion over 5 years to address the Mr. REED. Mr. President, I rise to Area. HIV/AIDS crisis. The Senate Foreign commend J.B. Hudson, who is retiring Mr. Hudson has been a focused and Relations Committee continues to after 42 outstanding years of Federal competent defender of the Army’s lim- make HIV/AIDS a priority. Charged service to the United States Army. ited resources and is absolutely com- with the oversight of the President’s In 1962, Mr. Hudson began his Govern- mitted to achieving operational excel- initiative, we will continue to hold ment career at Fort Eustis, VA, as a lence. In more recent years, he consist- hearings and briefings on the subject of management analyst with the Office of ently used his keen business acumen, AIDS and the progress of the Presi- the Assistant Chief of Staff, Comp- technical expertise, political savvy, dent’s Emergency Plan for AIDS Re- troller. While pursuing his civilian ca- and resourcefulness to proficiently po- lief. Earlier this year, for instance, we reer, Mr. Hudson also served as an sition the agency for the best business held a hearing focused on the intersec- Army reservist, 1963–1969, and contin- results. tion of HIV/AIDS and hunger. At this ued his post graduate education earn- Mr. Hudson is a superior advisor, as- hearing, Ambassador Randall Tobias, ing a masters of personnel administra- tute negotiator, and superb adminis- the Global AIDS Coordinator, and Jim tion from George Washington Univer- trator who can operate comfortably in Morris, Executive Director of the sity, 1969. In 1966, he accepted a posi- all environments. His ability to bring World Food Program, testified about tion at Fort Monroe, VA, where he divergent parties together and forge a the devastating effects that the HIV/ served as a management analyst with common vision to achieve desired out- AIDS crisis is having on agricultural the Office of the Deputy Chief of Staff, comes is renowned. His mastery of workers and the food supply in sub-Sa- Comptroller; and later, as chief, Man- unique Defense Department and Na- haran Africa. In addition, we explored agement Improvement Branch, Office tional Capitol Region relationships has the special nutritional needs of individ- of the Deputy Chief of Staff, Resource enabled him to consistently produce uals who are taking antiretroviral Management from 1973–1975. quality results, even on the most con- medication. Since 1975, Mr. Hudson has been with tentious and complex issues. Perhaps The theme of World AIDS Day this the Office of the Administrative Assist- year, ‘‘Women, Girls, and HIV and ant to the Secretary of the Army serv- the best examples of Mr. Hudson’s abil- AIDS,’’ is an appropriate one. This dis- ing in a number of senior leadership po- ity to build coalitions and achieve re- ease is having a particularly dev- sitions, including deputy director and sults for the Army and the Department astating effect on women and girls director, studies and analyses staff, of Defense are evident in his manage- around the world. We are just begin- 1975–1977; director, plans and projects, ment of the Army’s executive aircraft ning to understand how women, and 1977–1979, director, policy and plans/ fleet and his championing of the Pen- young girls in particular, are especially safety, security and support services— tagon Athletic Facility. In the first vulnerable to HIV and AIDS, due to a Washington, 1979–1995, and deputy ad- initiative, Mr. Hudson worked with De- combination of biological, cultural, ministrative assistant, 1995–1996. In fense Department and Congressional economic, social, and legal factors. over 42 years of Government service, representatives to acquire two state-of- Mr. Hudson has received numerous the-art executive airplanes. As the Young girls constitute 75 percent of honors and awards, including the Meri- overseer of the Pentagon’s 55-year old new infections in South Africa among torious Civilian Service Award and the athletic center, Mr. Hudson realized individuals between 14 and 25 years of Decoration for Exceptional Civilian that the aging infrastructure of the age. In Malawi, the National AIDS Service. current facility and the growing de- Commission has said that HIV and Mr. Hudson is an extraordinary lead- mand for fitness facilities in support of AIDS is killing more women than men, er who recognizes that people are his the Army’s readiness mission required and that HIV-positive girls between 15 most important resource. He epito- quick action. Once again, he negotiated and 24 years of age outnumber males in mizes leadership by example, perpet- prime real estate at the Pentagon for the same age group by a six-to-one uating a work environment in which the construction of a new facility and margin. Even in the United States, the harmony, resilience, and productivity fought for and won funding for the $19 disease is having a devastating effect reign. In the days following the ter- million project that offers a state-of- on women and is the leading cause of rorist attack on the Pentagon, he faced the-art facility comparable to well- death among African American women his toughest leadership challenge. Not known commercial fitness facilities. ages 25 to 34. only did he have to deal with the tragic Mr. Hudson’s distinctive accomplish- Not only are women and girls more loss of 40 staff members and the injury ments, selflessness, dedication, com- vulnerable to infection, they are also of many more, he also had to lead the mitment to excellence, and willingness shouldering much of the burden of tak- effort of restoring calm and produc- to ‘‘go the extra mile’’ in supporting ing care of sick and dying relatives and tivity to the agency, the Army, and the the Department of the Army, the De- friends. In addition, in the vast major- Pentagon, minimizing any disruption partment of Defense and Joint Service ity of cases, they are the caretakers of of support to the Army and OSD. activities in the Pentagon truly set a the estimated 14 million children who As the overseer of the Defense Post standard of excellence for others to fol- have been orphaned by this pandemic. Office, Mr. Hudson faced the possibility low. Mr. Hudson’s distinctive accom- Grandmothers often take the responsi- of receiving mail contaminated with plishments and selfless service in sup- bility of caring for grandchildren, and chemical or biological agents since the port of the Defense of our great nation older female children often take care of Pentagon’s mail is processed through truly set a standard of excellence wor- their younger siblings. the same facility where two United thy of emulation. I thank him on be- One such young girl is Fanny States Postal Service workers died half of a grateful Nation and wish him Madanitsa. Fanny is a 16-year-old girl from exposure of mail contaminated well in his retirement. living in Malawi with her two younger with anthrax spores. Working in col- f sisters and a brother. Life has been dif- laboration with Defense Department ficult for Fanny and her siblings since and White House officials, Mr. Hudson WORLD AIDS DAY they lost their parents to AIDS. As the quickly assessed the threat and devel- Mr. LUGAR. Mr. President, I rise to oldest child, Fanny must deal with the oped courses of defense. comment on World AIDS Day, which stress of taking care of her younger His reputation for initiating leading- was on December 1. The global HIV/ siblings. They live in a modest house edge business practices is widely recog- AIDS pandemic is a humanitarian cri- and share one bed. Fanny dreams of

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.019 S07PT1 S11884 CONGRESSIONAL RECORD — SENATE December 7, 2004 being a nurse, but reaching this goal World AIDS Day. HIV/AIDS is an epi- ment, and education programs into a will be a challenge for her. She cannot demic that requires a global solution national health care system. always attend classes, as she some- and the United States has a responsi- There are no easy solutions to the times has to look after her siblings. Be- bility to lead the world in addressing problems associated with this epi- cause money is scarce, she has a dif- this horrible disease. demic. Researchers are continuing to ficult time paying for school materials Since the beginning of the HIV/AIDS work hard to find new treatments and and other costs of her education. epidemic more than two decades ago, ultimately a cure for this devastating But Fanny is more fortunate that over 21 million people have died as a disease. Halting the spread of the epi- many girls in similar circumstances. result of this disease. Worldwide, more demic requires prevention and a com- With the help of her Village AIDS Com- than 42 million people are living with mitment to supporting organizations mittee, a community-based organiza- HIV/AIDS. It is estimated that AIDS that are vigorously working to defeat tion that has organized to take care of claims the lives of over 8,000 people per HIV/AIDS through education, humani- the orphans in its village, Fanny and day and 5 million more people are in- tarian relief, and public awareness. her siblings receive food, soap, school fected with HIV/AIDS each year. We must recognize the sobering re- materials, and also medicines. Through This year’s theme for Global AIDS ality that this disease continues to the Village AIDS Committee, which re- Day is ‘‘Women, Girls, HIV and AIDS’’ spread and infect people around the ceives support from Save the Children, to recognize and call attention to the globe regardless of race, gender, age, or the community assists Fanny in rapidly growing number of females income. Remembering those who have watching her siblings so she can attend with HIV/AIDS. Women, and especially already lost their lives to HIV/AIDS re- school. young women, are almost two and a quires us to redouble our efforts to de- This June, I introduced the Assist- half times more vulnerable to the dis- feat the disease and prevent its spread ance for Orphans and Other Vulnerable ease than men because of the social to new members of our communities. Children in Developing Countries Act and educational inequalities they face f of 2004. My bill would require the in many areas of the world. Women are NORTHERN ARIZONA FOREST United States Government to develop a much more likely to be sexually comprehensive strategy for providing LANDS EXCHANGE AND VERDE abused and are less likely to be aware RIVER BASIN PARTNERSHIP ACT assistance to orphans and would au- of the risks associated with unpro- Mr. MCCAIN. Mr. President, after thorize the President to support com- tected sex and IV drug use. Women also several years of negotiation and com- munity-based organizations that pro- risk passing the disease on to their promise, I am pleased that the North- vide basic care for orphans and vulner- newborn children. It is estimated that ern Arizona Forest Lands Exchange able children. over 19 million women currently live Furthermore, my bill aims to im- and Verde River Basin Partnership Act with HIV/AIDS, of which 2 million will prove enrollment and access to pri- of 2004 was approved by the Senate pass the disease on to over 700,000 new- mary school education for orphans and today. Through the dedicated efforts of born children worldwide this year vulnerable children by supporting pro- all parties, this bipartisan agreement grams that reduce the negative impact alone. provides a sound framework for a fair Tragically, more Americans lost of school fees and other expenses. It and equal value exchange of 50,000 their lives to AIDS in the 1990s than in also would reaffirm our commitment acres of private and public land in all wars in U.S. history. Currently it is to international school lunch pro- Northern Arizona. The bill also ad- estimated that there are nearly 950,000 grams. School meals provide basic nu- dresses the water issues raised by the Americans living with HIV/AIDS, near- trition to children who otherwise do exchange of lands located within the ly one-third of which do not know they not have access to reliable food. They Verde River Basin watershed by lim- are infected. The disease continues to have been a proven incentive for poor iting water usage on certain exchanged and orphaned children to enroll in spread throughout the country and we lands and by supporting the develop- school. have seen infection rates among ment of a collaborative science based In addition, many women and chil- women and minorities rise at alarming water resource planning and manage- dren who lose one or both parents often rates over the last few years. ment entity for the Verde River Basin The vast majority of deaths from face difficulty in asserting their inher- watershed. itance rights. Even when the inherit- HIV/AIDS occur in the developing It is gratifying that the compromise ance rights of women and children are world, most notably in Africa where reached on the bill, after countless spelled out in law, such rights are dif- AIDS is the leading cause of death. hours of deliberation and discussion, is ficult to claim and are seldom en- While Africa accounts for only 10 per- both balanced and foresighted in terms forced. In many countries, it is dif- cent of the world’s population, approxi- of addressing the various issues raised ficult or impossible for a widow—even mately two-thirds of the world’s HIV/ by the exchange. I want to thank Sen- if she has small children—to claim AIDS cases occur there. There are an ator KYL and his staff, as well as Sen- property after the death of her hus- estimated 11,000 new infections per day ators DOMENICI and BINGAMAN, and band. This often leaves the most vul- in Africa and 57 percent of all women their staffs on the Senate Energy and nerable children impoverished and living with HIV/AIDS live in sub-Saha- Natural Resources Committee, for homeless. My bill seeks to support pro- ran Africa. their tireless efforts in reaching this grams that protect the inheritance In addition, there have been dramatic agreement. I also want to recognize the rights of orphans and widows with chil- increases in HIV/AIDS cases in Asia, work of Congressmen RENZI and dren. Although the legislation will not Eastern Europe, and the Caribbean. HAYWORTH who have championed this become law this session, I am hopeful This is clearly not a regional issue. The legislation in the House of Representa- that, with bipartisan support, it will disease is spreading in every corner of tives. become law early next year. the globe. The industrialized world has The bill sets forth a sound process for The AIDS orphans crisis in sub-Saha- benefited greatly from new medicines the achievement of a fair market value ran Africa has implications for polit- that help people live with HIV/AIDS, exchange which is expected to offer sig- ical stability, development, and human but most developing countries still nificant benefits for all parties. Bene- welfare that extend far beyond the re- lack access to them in sufficient quan- fits will accrue to the U.S. Forest Serv- gion. Turning the tide on this crisis tities. In many areas, non-govern- ice and the public with the consolida- will require a coordinated, comprehen- mental organizations are operating tion of checkerboard lands and the pro- sive, and swift response. I am hopeful small-scale pilot programs that clearly tection and enhanced management of that, with the President’s Emergency are not adequate to meet the needs of extensive forest and grasslands. The Plan for AIDS Relief, the Global Fund, the millions who are living with the communities of Flagstaff, Williams, and the Congress, we can make great disease. In order to successfully com- and Camp Verde also will benefit in strides in the battle against this pan- bat HIV/AIDS on a global scale, re- terms of economic development, water demic. sources must continue to be made supply, and other important purposes. Mr. LEVIN. Mr. President, December available to developing countries to as- Since introducing this legislation in 1 marked the 17th annual observance of sist in integrating prevention, treat- April 2003, I have heard from hundreds

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.058 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11885 of Arizonans and learned first-hand of from multiple combat injuries. The mittee on Veterans’ Affairs, I am proud the significant water issues raised by centers would focus on all aspects in- to announce the passage of S. 2486, the the transfer of federal land into private volved in the development of improved Veterans Benefits Improvement Act of ownership. I want to thank all of the rehabilitation programs, including 2004, by both Chambers of Congress. citizens that offered their time, exper- through research, education, and clin- This bill, which I shall call the com- tise, and interest and provided us with ical activities. These comprehensive promise agreement, is the final version valuable information on these issues. centers are designed specifically to fill of a veterans omnibus bill. The com- In large measure because of their ef- the gap that currently exists in the promise agreement will improve and forts, I am more keenly aware that one treatment of the complex injuries that expand a host of veterans benefits, in- of the most crucial challenges facing result from modern conflict. Due to cluding: survivors benefits for spouses Arizona is the wise management of its technological advancements in warfare with dependent children; housing bene- water resources, particularly as we en- and body armor, as well as improve- fits; and educational benefits for Guard dure extended drought coupled with ments in battlefield medical care, an and Reserve members, veterans, and rapid population growth. Therefore, I increased number of service personnel spouses of veterans killed on active am pleased that in addition to facili- are surviving wounds that probably duty. tating the Northern Arizona land ex- would have been fatal in previous wars. The centers would be part of a larger It is very appropriate that at a time change, this bill includes a number of when our airmen, soldiers, sailors and new provisions to address water supply collaboration effort between the De- partment of Veterans Affairs, VA, and marines are in harm’s way, that we re- concerns associated with the exchange. member the sacrifices that those be- First, in order to ensure that current the Department of Defense, DOD, in order to improve the rehabilitation fore them have made on behalf of this water users and water rights holders great Nation by improving and expand- are not adversely affected by increased process and treatment of these service members once they have returned from ing veterans benefits for our Nation’s future water demands, an agreement bravest and their families. was reached to remove an 820 acre par- overseas. The initiative as a whole truly represents the way in which VA I will briefly highlight some of the cel of federal land in the Verde Valley, more important provisions. For further where the long-term availability of health care is evolving with changes in the areas of warfare and health care de- explanation of the proposed legislation water supplies is uncertain and current please see the Joint Explanatory State- problems exist. On the remaining 2000 livery. The Veterans Health Programs Im- ment, which accompanied the passage acre parcel of federal land in the Verde provement Act of 2004 also would re- of the bill. Valley, a maximum water use limit of quire VA to track waiting times for Dependency and indemnity com- 300 acre-feet per year has been estab- specialty care services and subse- pensation is a monthly benefit paid to lished along with other land and water quently issue to Congress a report on eligible survivors of service members use restrictions. any such waiting times of more than 3 Further, this bill includes a new title who died on active duty, and of certain months. VA has been suffering from a which supports the creation of a Verde veterans. A larger monthly benefit is severe shortage of specialty care physi- River Basin Partnership to advance paid to surviving spouses with children cians. This shortage has led to signifi- under the age of 18. Under this legisla- sound water resource decision-making cant increases in the time it takes for at the state and local level in Northern tion, dependency and indemnity com- veterans to get appointments for spe- pensation for survivors, with dependent Arizona. cialty services like audiology and oph- The development of a sound, long- children, of spouses killed on active thalmology. duty would be increased by $250 a term watershed management plan re- This compromise legislation would quires the involvement of all the month, for 2 years, beginning on the also provide a fix for the way VA per date when entitlement to benefits be- stakeholders with water supply respon- diem payments to State homes for vet- sibilities and interests and a founda- gins. A VA contracted study found that erans are handled, as they relate to spouses with children had a higher tion of knowledge about available re- Medicaid. Recently, many State homes sources and existing demands. We are level of unmet need than spouses with- have become Medicaid-certified to se- out children. This provision is included fortunate to have an existing model of cure eligibility for payment for any collaborative science-based water re- to further aid the transition of sur- veteran who qualifies under the Med- viving spouses with dependent chil- source planning and management with icaid program. However, Medicaid offi- the Upper San Pedro Partnership in dren. We must make every effort to cials determined that VA per diem pay- make certain that the families of serv- the Sierra Vista subwatershed of Ari- ments made to State homes for the zona. In my view, the establishment of ice members who paid the ultimate care of veterans are ‘‘additional pay- sacrifice have their needs met. a similar, cooperative body in the ments’’ made on behalf on an indi- Owning a home of one’s own is the Verde Basin will be a vital step in as- vidual patient. Thus, VA’s per diem American Dream. This legislation suring the wise use of our limited payments must be reimbursed to the would make that dream a reality for water resources. Medicaid program. This provision more of our veterans by increasing the Again, I want to thank all of the par- would specify that per diem payments maximum amount of the VA home loan ties involved in this legislation during made by VA for the care of veterans in guaranty. The current VA loan limit of the past several years. State homes will not be used to offset $240,000 restricts beneficiaries from f or reduce any other payment made to assist veterans in securing health care using the guaranty because it is insuf- VETERANS HEALTH PROGRAMS ficient to cover median housing prices IMPROVEMENT ACT OF 2004 services. The impact of this change will be felt in many States across the in many parts of the Nation. Section Mr. GRAHAM of Florida. Mr. Presi- country, including my home State of 403 of the compromise agreement would dent, I rise today to applaud the pas- Florida. increase the maximum VA loan sage of H.R. 3936, which is essentially a Mr. President, I am proud to have amount to $333,700. It would also index conference report on various veterans’ contributed to legislation that is so the loan limit to 25 percent of the con- health care measures. This bill will go vital to the continued provision of forming loan limit for a single-family far in giving the Department of Vet- quality health care to our Nation’s vet- residence as set by Freddie Mac. This erans Affairs, VA, the tools it needs to erans. I thank my colleagues in both would allow the loan limit to continue continue providing high-quality health Chambers of Congress for their support to rise with the cost of housing infla- care to our Nation’s veterans. Though of this measure. tion automatically. This change, cou- pled with the reinstatement of the VA the bill contains many important pro- f visions, I would like to draw attention adjustable rate mortgage loan program to just a few of its key ones. VETERANS’ BENEFITS and improvement of the hybrid adjust- H.R. 3936 would authorize specialized IMPROVEMENT ACT OF 2004 able rate mortgage loan program will centers to improve the rehabilitation Mr. GRAHAM of Florida. Mr. Presi- allow many more veterans to be able to services available to veterans suffering dent, as ranking member of the Com- purchase a home.

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.063 S07PT1 S11886 CONGRESSIONAL RECORD — SENATE December 7, 2004 The second half of the American port of the service and sacrifice that viders and ensure quality of care. This Dream is a college education. Edu- they have made on behalf of this coun- element has a maximum of $15,000 or cational assistance is provided to the try. Particularly at a time when we are 7.5 percent of the sum of the base and surviving spouse of a service member at war, we must ensure our service market pay. or veteran who died of a service-con- members that we will fulfill the com- One other major section of this nected injury, or the spouse of a vet- mitment promised by Abraham Lin- agreement would establish alternative eran who is rated by VA to be totally coln, ‘‘to care for him that shall have work schedules for VA nurses. It is and permanently disabled. The spouse borne the battle and for his widow and widely known that the entire country has 10 years to use the entitlement. his orphan.’’ is suffering from a nursing shortage. However, many surviving spouses, dur- In conclusion, I specifically thank VA anticipates that it will be hit espe- ing this difficult transitional period, Senator SPECTER and his benefits staff cially hard by the retirement of a sig- are busy raising children and working for their work on this comprehensive nificant portion of its nursing work- making it impossible to use the edu- bill, specifically Bill Tuerk, Jon Tow- force over the next 10 years. S. 2484 cation benefit. This legislation would ers and Chris McNamee, and my staff— would allow VA to employ different give an additional 10 years to the sur- Buddy Menn, Mary Schoelen, Dahlia types of working schedules in order to viving spouse of a service member who Melendrez, Ted Pusey, Amanda Krohn, attract more nurses to the system. died of a service-connected disability and Tandy Barrett, who recently left I am proud to have worked on this to use the benefit. the committee, for all of their hard valuable piece of legislation for our Na- Under current law, a member of the work in helping to put this legislation tion’s veterans, and I thank my col- Selected Reserve or National Guard together. I thank my colleagues for leagues in both Chambers of Congress must contribute a nonrefundable $1,200 their support of this legislation on be- for their support. in order to participate in the Mont- half of America’s veterans and their f gomery GI Bill education program. families. RECENT VISIT TO CANADA BY However, a member of the Selected Re- f PRESIDENT BUSH serve must spend one year on active duty before being eligible for the pro- DEPARTMENT OF VETERANS AF- Mr. CRAPO. Mr. President, I com- gram. Section 109 of the committee bill FAIRS HEALTH CARE PER- mend President Bush on his recent trip to Canada and efforts to build on our would create flexibility and allow the SONNEL ENHANCEMENT ACT OF strong relations with our neighbor to Montgomery GI Bill participation fee 2004 the north. Canada is our Nation’s larg- to be collected not later than 1 year Mr. GRAHAM of Florida. Mr. Presi- est trading partner and one of our clos- after the completion of 2 years of ac- dent, I rise today to applaud the pas- est allies, and this relationship must tive duty, ensuring that the Reserve or sage of S. 2484, which reflects a com- continue to remain vibrant and strong. Guard has become eligible by satis- promise agreement on a new system for As the co-chairman of the Canada-U.S. fying the service requirement. compensating physicians and dentists With the costs of attending college in the Department of Veterans Affairs, Interparliamentary Group, I continue rising, it is important that we do as VA, health care system, as well as al- to work with my peers in Canada to do much for our veterans as possible so ternative work schedules for VA what I can to assist in this effort. Despite certain media coverage to that they may reach their academic nurses. VA doctors and dentists have the contrary, many Canadians warmly objectives. This legislation would allow not gotten a pay adjustment in over a embrace Americans and the President’s VA to reimburse eligible beneficiaries decade. All of these measures are policies. I want to share comments for the cost of certain national admis- aimed at improving VA’s ability to re- made by Senator Jerry Grafstein in the sion tests, such as the Law School Ad- cruit and retain quality health care Canadian Senate on the occasion of mission Test, Graduate Record Exam, professionals. I would like to highlight President Bush’s visit. I ask unani- Graduate Management Admission Test, some of the key aspects of this legisla- mous consent that they be printed in and Scholastic Aptitude Test, and for tion. the RECORD. The compromise agreement would set course credit at institutions of higher There being no objection, the mate- forth a three-tiered system for paying learning, such as the Advanced Place- rial was ordered to be printed in the ment Exam and College-Level Exam- VA physicians and dentists. The three RECORD, as follows: ination Program. tiers consist of base, market, and per- ‘‘MANIFEST DEMOCRACY’’—THE BUSH In keeping with this committee’s formance pay. The base pay element is DOCTRINE continuing effort to aid veterans in at- similar to that employed by other Fed- Honourable senators, today President Bush taining appropriate education and em- eral agencies, also known as the Gen- visits Canada. We welcome President Bush, ployment opportunities, this legisla- eral Schedule, GS, system. As such, in- his wife and his senior advisers to our na- tion improves the full-time apprentice- creases would be guaranteed for every 2 tion’s capital. As Co-chair of the Canada- ship and on-job training programs years a physician or dentist remains U.S. Interparliamentary Group, now the under the MGIB. Section 103 of the employed by VA. largest interparliamentary group in Par- compromise agreement, for more than The second component of the new liament, it is my hope that Canada will ac- a 2-year period, would increase the full- pay system is market pay. This ele- tively engage President Bush and the Bush time VA monthly educational assist- ment would be implemented by the doctrine, which I call ‘‘Manifest Democ- racy.’’ ance allowance payable to individuals Secretary in the form of pay bands Senators will recall that, in 1947 the then participating in these training pro- that will be determined by surveys of Minister of External Affairs, Louis St. grams. For the first 6 months of train- regional salaries in the academic and Laurent, in Toronto defined the principles ing, the monthly benefit would in- private sectors. Also relevant to the and practices of Canada’s foreign policy crease to 85 percent from 75 percent; market pay determinations are factors based on these words: ‘‘freedom, liberty and for the second 6 months, 65 percent such as the scarcity, or abundance, of democracy.’’ Mr. St. Laurent and his then from 55 percent; and the remainder of certain specialty physicians, type and Deputy Minister, Mr. Pearson, were not con- fused by political debate or shifting political months, 45 percent from 35 percent. Ad- years of experience, and board certifi- opinion within or outside Canada when it ditionally, section 104 of the com- cations. Finally, the Secretary would came to Canada’s strategic interests. promise agreement authorizes VA to consult with professional review panels In 1947, the UN was gridlocked. It was Mr. pay educational benefits to veterans composed of other physicians or den- St. Laurent who convinced a reluctant Mr. participating in competency-based ap- tists. King that Canada should take the lead in prenticeships, in addition to time- The final component is performance constructing and joining a transatlantic coa- based apprenticeships, bringing the VA pay. Performance pay would be award- lition of democracies to enhance our collec- ed to doctors and dentists if they meet tive security called NATO. Mr. St. Laurent program in line with the way most ap- had learned well from the lessons of his- prenticeship programs are structured certain goals and measures set forth by tory—the sad experience of the League of today. the Secretary. Currently, VA has ex- Nations and the causes of World War II. Mr. These provisions show our veterans tensive performance measures that it St. Laurent believed in the democratic dia- America’s continuing unwavering sup- utilizes to motivate its health care pro- lectic. Both Mr. St. Laurent and Mr. Pearson

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.064 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11887 were not confused. They understood that de- ers could live, and the families who counter to the intent of that legisla- mocracies did not make war with democ- lost loved ones in the attack. And we tion. The correction will encourage racies. honor the survivors of Pearl Harbor, more of the joint efforts between pri- Before the shock of 9/11, it seemed the 21st including the roughly 6,000 who are vate industry and research universities century voices for a democratic dialectic were muted. The origins of the Helsinki still alive today. We must never forget that have proved so fruitful to the U.S. Process were forgotten. It was the Helsinki any of these brave Americans. economy, our research universities, Process, in 1974, that laid the groundwork for f and the many Americans who work in democratic change in Europe. The Berlin the patent industries. Wall collapsed following the popular demo- FAMILY ENTERTAINMENT AND It also includes a version of the Na- cratic movement of Solidarity in Poland and COPYRIGHT ACT OF 2004 tional Film Preservation Act and the the ‘‘Velvet’’ revolution in the Czech Repub- Mr. LEAHY. Mr. President, today, in Preservation of Orphan Works Act. lic. The drive toward human rights and ex- the waning hours of this Congress, the These two provisions each play an im- panding democracies slowed at the turn of Senate has passed legislation that will portant role in preserving our national the century. Yet, the appetite for democracy improve important parts of our intel- once tasted cannot be easily satisfied. With heritage. The National Film Preserva- the ‘‘Rose’’ revolution in Georgia, and now lectual property law. Sponsored by my- tion Act, which I first introduced on the ‘‘Orange’’ revolution in Ukraine, democ- self, as well as by Senators HATCH, November 21, 2003, reauthorizes a Li- racy is on the march again. CORNYN, BIDEN, and FEINSTEIN, the brary of Congress program dedicated to The Bush doctrine of manifest democracy Family Entertainment and Copyright saving rare and significant films. The provoked by September 11, 2001, continues to Act of 2004 is the product of many Preservation of Orphan Works Act cor- gain support by raising the banner of free- months of bipartisan effort. Many of rects a drafting error in the Sonny dom, liberty and free markets. Public senti- its provisions have passed the Senate Bono Copyright Term Extension Act. ment for democracy is rising not only in the before, others have passed the House, East, in Georgia and now Ukraine, but across Correction of this error will allow li- Eurasia, in Afghanistan and seeping into the and the package enjoys the well-justi- braries to create copies of certain dialectics of the Middle East as well as, pain- fied support of the many stakeholders. copyrighted works, such as films and fully, in Iraq. I am especially grateful for the assist- musical compositions that are in the My hope is that Canada will regain its ance and support of our colleagues in last 20 years of their copyright term, principal place as an active protagonist and the House of Representatives as we are no longer commercially exploited, creative partner for democracy, liberty and have tried to craft a broad, consensus and are not available at a reasonable freedom and as a forceful agent in the spread bill. price. of free trade and free markets around the Intellectual property is one of the globe. The act also includes the Artists’ Canada owns a capacious toolbox of demo- driving forces in our Nation’s economy, Rights and Theft Prevention Act, cratic instruments and best practices that but if we do not continue to protect it, which protects filmmakers from an in- can quickly and cost-efficiently be deployed we will lose our place as the global creasingly common threat: the theft of to help build the infrastructure of democ- leader in its production. Just as impor- their work by individuals who record racy—independent parliamentary commis- tantly, the United States enjoys the films as they are played in theaters. sions; parliamentary practices, including fruits of the labors of a multitude of Part of that provision directs the Reg- checks and balances; separation of powers; creative and talented artists and inven- ister of Copyrights to create a registry policing; independent judging and free trade tors. Our arts and sciences bring not agreements. of pre-release works in order to better We hope that Prime Minister Martin and only monetary revenue to the country, address the problems associated with Canada will actively re-engage with Presi- but deep artistic satisfaction and re- piracy of creative works before they dent Bush and America, as we did after wards on a cultural level. The Digital are offered for legal distribution and World War II, in a collective effort to spread Age has great potential to bring more provides improved remedies for such democracy, free trade and free markets of each. piracy. around the world. Digital technology has allowed pro- It also includes the Anti- f ducers of intellectual property to find counterfeiting Act of 2004, an impor- new and innovative ways to create and tant piece of legislation that Senator REMEMBRANCE OF ATTACK ON distribute their products, and it has en- BIDEN has championed for several PEARL HARBOR hanced our position as a global leader years. This provision adds much-needed Mr. LAUTENBERG. Mr. President, in the creation of cultural and intellec- protections to those who create today marks the sixty-third anniver- tual works. However, the ease of dupli- records, films, and computer programs, sary of the horrific attacks on Pearl cation and nearly instantaneous com- by expanding the prohibition on Harbor, HI, the first major attack on munication that make these tech- affixing counterfeit labels to such American soil by a foreign enemy since nologies so wonderful has also been products. Another provision, the British troops set fire to the White used by some to undermine intellectual Fraudulent Online Identity Sanctions House and the Capitol Building in the property rights; as a result, many of Act, enhances the integrity of the War of 1812. It was 60 years later, Sep- our copyright-holders are reluctant to Internet by creating a rebuttable pre- tember 11, 2001, before the next attack embrace the very tools that offer so sumption that a trademark or copy- took place on American soil. Pearl much to consumers and, if used legally, right infringer acted willfully if that Harbor will always be remembered as to our innovators. Thus, we face a key infringer used false information to reg- the first incident to shock the collec- challenge: to preserve intellectual ister a domain name used in connec- tive psyche of our Nation out of its property rights while at the same time tion with the infringement. It also in- complacency. promoting the growth of new tech- creases penalties for crimes committed Whether it could be classified as a nologies. This act responds to the chal- using fraudulently-acquired domain terrorist act or otherwise, the attack lenge. It bolsters our intellectual prop- names. on Pearl Harbor claimed the lives of erty protections while preserving the Finally, the act includes the Family 2,403 American servicemen. This event, freedom necessary to make full use of Movie Act, which will preserve the perpetrated by a people who have long music, movies, and other entertain- right of home viewers to watch motion since reconciled their differences with ment. The act also takes important pictures in the manner they see fit. At America and the world, is a reminder steps to preserve our Nation’s rich cul- the same time, the act protects the to all of us of the sacrifices made by tural heritage, and to ensure that this rights of directors and copyright hold- millions of individuals during this time heritage remains available to our chil- ers to maintain the artistic vision and of national peril. Their selfless actions dren. integrity of their works. and incredible courage in the face of The act includes the version of the I thank my colleagues on both sides extreme personal risk helped to ensure CREATE Act that has passed both the of the aisle, and in both houses of Con- that the freedoms which are the bed- House and Senate. That bill corrects gress, for their hard work on this bill. rock of our country were preserved. We for a provision in the Bayh-Dole Act Our efforts here should be a model for honor the memory of our countrymen which, when read literally by the Court achieving legislative consensus in this who sacrificed their own lives, so oth- of Appeals for the Federal, runs area, and others, in the future.

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.022 S07PT1 S11888 CONGRESSIONAL RECORD — SENATE December 7, 2004 ARUBA AND COUNTER-TERRORISM tional Peace Officers Memorial Day. I seen for a museum, visitors will experi- FINANCING want to take this opportunity to also ence what it is like to walk in the Mr. BURNS. Mr. President, I rise commend my deputy chief of staff and shoes of a police officer, and to make today to pay tribute to the Govern- legislative director, Larry Vigil, for all split-second, life-or-death decisions. ment of Aruba, a leader in the fight to of his good work in getting these im- They will understand the vital roles stop the flow of terrorist funds in the portant initiatives passed on behalf of our officers played in every pivotal mo- Caribbean and Latin America. There law enforcement. ment of our Nation’s history, including can be no doubt that terrorism is the As I conclude my tenure in the U.S. the taming of the Wild West, and the defining challenge of the Nation since Senate, I challenge my colleagues and wars against gangsters, drug lords and 9–11. While I have always believed that those who will follow in my footsteps now, terrorists. In short, this museum the United States must boldly and con- to continue this valuable and necessary will vastly increase public under- fidently lead the way in this brutal war work to support those brave individ- standing and support for law enforce- we find ourselves in, I believe that help uals who are putting their lives at risk ment, and the museum’s research re- from our allies is essential to stop the each and every day for our safety and pository will contribute greatly to pro- financial networks that support ter- protection. There are currently some moting police safety. It will truly be a rorism. 870,000 sworn law enforcement officers must-see destination in our Nation’s One of the most important fronts in serving our Nation. Each year, on aver- capital and, appropriately, it will be lo- the war on terror concerns the funding age, 167 officers are killed in the line of cated right across the street from the mechanisms that support terrorist ac- duty—that is one officer killed some- National Law Enforcement Officers tivities, including underground finan- where in America every 53 hours. Memorial. cial systems, illicit charities, and cor- Roughly 58,000 officers are assaulted I want to commend Craig W. Floyd, rupt financial service providers. Fin- each year, resulting in about 17,000 in- the chairman of the National Law En- anciers, fundraisers, or donors who pro- juries. It is the most dangerous profes- forcement Officers Memorial Fund, his vide financial support to terrorists sion in our Nation, and also one of the talented staff and dedicated board of need to be stopped. most important. directors for working so hard to make An inscription on the National Law Earlier this year, I had met with the this museum a reality, just like they Enforcement Officers Memorial, just a Prime Minister of Aruba, Mr. Nelson made the National Law Enforcement few blocks from here in a place called Oduber. We discussed the international Officers Memorial a reality in 1991. Judiciary Square, says it best: ‘‘In threat of terrorism and a number of Neither of these projects would be suc- valor there is hope.’’ As long as there other issues. Prime Minister Oduber cessful, though, without the generous are men and women among us who are stressed his nation’s support for stop- funding provided by citizens and cor- willing to put their lives on the line for ping terrorism and his determination porations across this country and I am others, there is indeed great hope for in stopping money laundering and ter- grateful to see that support pouring in this Nation of ours. rorist financing in his nation. for the museum. But, it must be remembered that our I pledge my continued full support In fact, Aruba’s leadership in this officers cannot do their job effectively for this museum project and I chal- field started in 1990 when it hosted or safely without the necessary re- lenge my colleagues to do the same. what became known as the Aruba Drug sources. This means the best possible That means ensuring that during the Money Laundering Conference, a re- training and equipment, especially bul- public approval process the integrity gional mirror of the Financial Action let-resistant vests for every officer. and importance of this museum as a Task Force—FATF—launched at the Studies have clearly shown that these major visual presence in Judiciary Paris G–7 summit of 1989. This started vests save police lives. In fact, nearly Square must not be compromised in a process, which eventually led to the 3,000 police lives have been saved by any way. creation of the Caribbean Financial bullet resistant vests since they first Those dedicated public servants of Action Task Force—CFATF—an orga- started being used some 30 years ago. the law enforcement profession—espe- nization that now plays a key role in But, another vital resource that our cially the more than 16,500 officers who the War on Terror. On October 30, 2001, officers need is the trust and support of have made the ultimate sacrifice in the the FATF adopted eight special rec- the American public they serve. That performance of duty, and their fami- ommendations on terrorist financing is why one of my proudest achieve- lies—deserve no less. and Aruba has moved to implement ments as a legislator and former law f some of those recommendations. enforcement officer was authoring the I pay tribute today to Aruba for join- law to establish a National Law En- ELDER JUSTICE ACT ing the United States of America in the forcement Museum here in our Na- Mr. GRAHAM of Florida. Mr. Presi- War on Terror. tion’s capital. The U.S. Department of dent, I wish to commend Senator JOHN f Justice has determined that only about BREAUX and his staff for their excellent one out of five Americans has any di- work on the Elder Justice Act. They SUPPORT OF LAW ENFORCEMENT rect contact with a law enforcement of- have worked long and hard on this leg- Mr. CAMPBELL. Mr. President, as a ficer during the course of a normal islation, and I share their strong desire former Sacramento County, CA, sher- year, and most of those contacts are to see it pass the Senate this year. iff’s deputy, I have, throughout my traffic stops. The fact is that most of I would like to share the comments I congressional career, zealously sought our citizens draw their conclusions received from two Florida attorneys, to ensure the safety and effectiveness about law enforcement from the fic- Nick Cox and Mark Shalloway, who of America’s Federal, tribal, State and tional works of Hollywood and the have extensive knowledge and experi- local law enforcement officers. I have often sensationalized reporting by the ence in elder justice issues. also worked hard to promote a better media. Most Americans do not truly Nick Cox is a professor at the understanding and appreciation of law understand, nor fully appreciate the Stetson University College of Law in enforcement’s extraordinary service tremendous worth of the law enforce- St. Petersburg, where he specializes in and sacrifice by the American public. ment profession to our Nation. elder consumer protection matters and Underscoring this commitment, I was But all of that will soon change when works on a special Federal project proud to have authored a number of the doors of the National Law Enforce- within the Elder Law Center. Mr. Cox, important laws, including the National ment Museum open, which is expected a former State prosecutor, worked for Law Enforcement Museum Act (P.L. to happen in 2009. Finally, we will have Attorneys General Bob Butterworth 106–492); the Law Enforcement Officers a popular destination here in Wash- and Charlie Crist as their acting cen- Safety Act of 2003 (P.L. 108–277); the ington, DC, devoted to telling law en- tral Florida regional deputy and bu- Bulletproof Vest Partnership Act (P.L. forcement’s true story of selfless serv- reau chief of the Economic Crimes Di- 106–517); the Cops in School Act of 1998 ice and supreme sacrifice. Through vision, which is the Florida Attorney (P.L. 105–302) and the resolution passed some of the most entertaining and General’s consumer protection unit. each year to designate May 15 as Na- stimulating exhibit ideas I have ever Mr. Cox’s comments are as follows:

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.057 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11889 I feel very strongly about passage of this greatly improved patient safety in My second amendment would have act from a consumer protection standpoint. long-term care facilities, and, in fact, required the Secretary of Health and At this time I have been researching crimi- would have saved lives. Human Services to develop a plan for nal elder exploitation issues and have found Therefore, I am greatly disappointed adopting open standards to enable im- that there is a complete lacking in good sup- port research. Despite several attempts to that my patient safety provisions were proved electronic submission of clin- get a statistical handle on how bad criminal the basis of an objection from Senator ical data by long term care facilities exploitation of the elderly is, the reports GREGG. That objection resulted in the and allowing electronic transmission of that have been done have been consistently provisions being stripped from the data using such standards. criticized or found to be scientifically/statis- Elder Justice Act. The result? The leg- Although the Medicare Moderniza- tically deficient. The Elder Justice Act calls islation will do less on behalf of our el- tion Act requires the Secretary to de- for such research to be done on a national derly Americans than it could have velop uniform standards relating to re- level and would provide the needed data that done, and the elderly will continue to could assist those of us in the field of identi- quirements for electronic prescription fying the primary issues and hopefully some suffer from adverse events and death as drug programs, there is no provision suggestions for solutions to the problem. a result of medication errors. This dis- for adopting uniform standards for I also am very excited about the call in the appoints me deeply. data not related to prescription drug Elder Justice Act for nationwide centers of I would like to briefly describe the programs and no requirement that the excellence for study into these matters. We two amendments I had hoped would be Secretary allow long term care facili- have already begun such work here at part of the Elder Justice Act. ties to submit data electronically to Stetson, but we can only address it on a re- The first would have provided grants HHS using uniform open standards. gional basis here given the magnitude of our to long-term care facilities to improve The use of open standards is critical senior populations in Florida and throughout quality and prevent neglect by improv- the Southeast United States. However, the to ensuring that systems are able to work we have done so far has been very well ing patient safety and reducing health communicate with each other and received and applauded by those in the aging care complications and deaths result- without human manipulation, thus al- network. I think the Elder Justice Act would ing from medication errors in long- lowing information to be processed also give us some significant strides forward term care settings. automatically and quickly. Automatic, in that respect as well. Section 108 of the Medicare Mod- expedited processing of information I also, as a former prosecutor, appreciate ernization Act gave authority to the the attention it seems to give to increasing will reduce neglect in the form of med- Secretary to make such grants avail- ical errors and save lives. prosecutions. From the exploitation stand- able to physicians in order to improve point, I have experienced the positive out- Currently, data may only be trans- the quality of care and patient safety come of criminally charging scam artists mitted electronically using spread- in physician offices. We should strive and the resulting change in business prac- sheets, PDFs, or SAS transport files. for no less for our patients in long- tices in that area. My office conducted un- This form of submission does not allow dercover sting operations with the Florida term care facilities. systems to communicate with each Department of Law Enforcement. Once we According to the Institute of Medi- other, and slows the processing of in- convinced a prosecutor to charge a few of the cine, medical errors cause up to 98,000 formation. salesmen and business owners who were tar- deaths in this country each year, in ad- geting and scaring seniors into buying dition to otherwise avoidable injuries, I would like to explain the impor- unneeded and overpriced equipment, there tance of this amendment to my con- was an immediate change in the manner in hospitalizations, and expenses. Although technologies are available stituents back in Florida and to people which other companies conducted business. throughout our country. Anything we can do to encourage or man- to reduce errors and save lives, start- date criminal prosecutions will be a positive up costs and a lack of awareness have Flu season is approaching. Without step. I think the Elder Justice Act starts us slowed the diffusion of these tech- timely and accurate information to in the right direction. nologies, and prevented our long-term guide public health officials and physi- Mark Shalloway is a practicing at- care facilities and elderly patients cians, seniors in my State and through- torney in West Palm Beach and has ex- from reaping the benefits of these tech- out the country are at risk. But, the tensive experience in elder abuse and nologies. public health system currently relies exploitation. Mr. Shalloway’s com- The grant program would improve on a slow and unreliable methods of ments are as follows: patient safety among the elderly by re- tracking outbreaks such as postcards Elder Law attorneys, including my Florida ducing medication errors in long-term and phonecalls from physicians and colleagues see a great deal of elder abuse and care facilities. Grant money could be other medical professionals. If I want financial exploitation on a weekly to month- used by long-term care facilities to to get information on the health status ly basis in our offices. The National Acad- purchase proven technologies; the of 290 million Americans, post cards emy of Elder Law Attorneys (NAELA) is one adoption of computer physician order and telephone calls simply aren’t ade- of the five founding members of the Elder entry systems, for example, is an es- quate. We need to use electronic re- Justice Coalition that has worked for several sential component of any effective porting based on some common method years to get this piece of legislation passed. of collecting that data to make public Senator Breaux and other supporters, like strategy to reduce medication errors. yourself, deserve much credit for keeping Purchase and deployment of such health safer. this bill on the front burner during a year systems is a substantial investment. Vioxx provides another example. when few bills have been addressed. Costs can delay the rapid introduction Vioxx is a drug used for arthritis by The revised version of S. 333 that the Fi- of new information technologies into seniors throughout the world; it was nance Committee has marked up is not as long-term care facilities that already withdrawn by its manufacturer this comprehensive as the original bill, but is a are grappling with other major finan- fall. Vioxx was first sold in the United great starting point and should be passed by cial challenges. States 5 years ago and has been mar- the full Senate as soon as possible. As a Long-Term Care Ombudsman in Flor- The grant program would have re- keted in more than 80 countries. World- ida, I am anecdotally aware of the difficul- duced this barrier by providing finan- wide sales of Vioxx in 2003 were $2.5 bil- ties in identifying and prosecuting crimes cial incentives for long term care fa- lion. It is a major drug with broad use. against the elderly. This Act should give cilities to adopt the resource intensive But, the FDA relies on slow and unreli- greater recognition to a silent but huge and information technologies essential to able methods of tracking problems as- growing problem. system wide strategies for reducing sociated with drugs that may only ap- I agree with the comments of Mr. Cox and eventually ending most medication pear after they go into broad use. Al- and Mr. Shalloway, and have thus errors. though prescriptions are one of the strongly supported passage of the Elder We know how to improve patient most thoroughly computerized areas in Justice Act. safety. We know how to save lives. My medicine, the FDA relies on slow and During Finance Committee delibera- provision to create a grant program unreliable methods to track medical tions of the Elder Justice Act, I added would have done just that, and I deeply problems resulting from drug use. We two critically important provisions to regret having to strike the provision need to use electronic reporting based the bill. These amendments strength- because of Senator GREGG’s objection on common method of collecting that ened the bill immensely, would have to it. data to make drug use safer.

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.069 S07PT1 S11890 CONGRESSIONAL RECORD — SENATE December 7, 2004 One last example: heart conditions centerpiece of the campaign is a four- colleague to help him write a text that are one of the leading diseases affect- foot by eight-foot card which will make he could use in his classes. He has gone ing Medicare patients and heart at- its way through schools and the com- on to write another textbook and is in tacks can result in deaths and high munity to be signed by those who the process of completing a third. He costs. Many heart attack victims can pledge to help reduce gun violence over truly does exemplify the characteris- be helped if they receive drugs to assist the New Year’s holiday. The card will tics needed to get students excited their damaged heart while it recovers. serve as a powerful symbol of the com- about education and what they need to CMS studies indicate that many of the munity’s determination to fight vio- do to reach their greatest potential. victims do not receive those medica- lence, particularly involving firearms. Dr. Barrett’s classes provide his stu- tions. But, CMS collects that data with I would like to express my heartfelt dents with a unique opportunity not great effort—relying on many health thanks to the members of the Youth only to learn, but to take a more ac- professionals to extract data from clin- Initiatives Project for their hard work tive role in the process by helping to ical records and summarize the data to bring an end to the gun violence teach what they have learned. He ap- for analysis. By the time the data is that continues to plague our society. I plied for and was able to secure funding available, the patient has met their am hopeful that the 109th Congress will from the National Science Foundation fate and the time for correcting a mis- do more to support their efforts and for a program that improves the inter- take, for getting them a lifesaving pass sensible gun safety legislation. We action between undergraduates and drug, has passed. We need to use elec- owe it to them, to our police officers, those with assistive technology needs. tronic reporting based on a common and to our communities to do all we Through the program, students have method of collecting data to improve can to keep dangerous guns off of our had the support and encouragement quality of care and patient safety for streets. they needed to develop a workshop to teach assistive technology profes- those in long-term care facilities, and f for all Medicare patients. sionals how to adapt off-the-shelf toys EDUCATION I had hoped to see these measures to assistive technology teaching aids. pass in my final days in the Senate and Mr. ENZI. Mr. President, I appreciate His students were also involved in the thus leave patients with a safer med- having this opportunity to express my effort to create a 50-page workshop ical system. I am deeply disappointed congratulations and note for the manual that they then used to help in the removal of the amendments RECORD the achievements of Dr. Steven teach the workshop to assistive tech- from the Elder Justice Act. F. Barrett who has just been named the nology professionals across the state of However because of my great desire Wyoming Professor of the Year. This Wyoming. By giving students these life to see the Elder Justice Act go prestigious honor is the only national experiences, they can more readily see through, I removed my hold on the leg- award that recognizes the performance the positive impact of the skills they islation on Wednesday, November 17. It of college and university professors have developed in the effort to improve is my understanding that the Elder who have produced outstanding results the lives and education of others. Wyoming can be very proud of profes- Justice Act has not yet cleared the as undergraduate teachers and men- sors such as Dr. Barrett who are such Senate because of Republican objec- tors. an integral part of our Wyoming school tions to the substance of the legisla- As an assistant professor of Elec- system. His dedication to the future of tion. trical and Computer Engineering at the his students and his enthusiasm for I share Senator BREAUX’s desire to University of Wyoming, Dr. Barrett teaching continues to improve the see the legislation enacted this year, has served as a role model for his col- quality of the education Wyoming stu- and fervently hope that may still be leagues on the school’s academic staff, dents receive in our schools, and better possible. as well as the students he teaches in prepares them for the challenges they f his classes. His unique teaching style gets students more involved in their will face in their postgraduate years. ‘‘HUGS, NOT BULLETS’’ classes and increases their commit- f Mr. LEVIN. Mr. President, I want to ment to the successful completion of UNITED STATES CAPITOL bring to the attention of my colleagues their education. HOLIDAY TREE a campaign by the Neighborhood Serv- Dr. Barrett played a key role in the Mr. WARNER. Mr. President, I rise ice Organization’s Youth Initiatives effort to improve the electrical and today to celebrate Virginia’s role as Project in Detroit, MI, called ‘‘Hugs, computer engineering curriculum. He the 2004 provider of the annual U.S. revived courses in biomedical engineer- Not Bullets.’’ This is an outstanding Capitol Holiday Tree, selected each ing and image processing that had not example of involvement by youth lead- year from America’s national forests. ers who want to make a difference in been taught for years. He also served In recent decades, the traditional their community by decreasing gun vi- on a committee to establish a com- Christmas tree has moved beyond its olence. puter engineering degree at the univer- place as solely a religious symbol in The Youth Initiatives Project was sity. Thanks in no small part to his ef- the homes of hundreds of millions of created in 1999 to address growing com- forts, the degree was approved by the Americans. Although the Christmas munity issues including violence and university trustees in 2000, and the tree will always, and rightfully, have a substance abuse in Detroit. For five first students graduated from the pro- special meaning in Christian homes, years, community organizations and gram in 2001. Wyoming students now today all Americans await the annual students have been involved in a co- have the chance to obtain a degree in tree-trimming to signal the beginning ordinated effort to accomplish the one of the fastest growing job indus- of the year-end religious and holiday goals of the project. Previous Youth tries. That will help to improve their season. Initiatives Project campaigns have fo- future chances for success and the abil- It is with great pleasure that I join cused on after-school programs to re- ity of our workforce to compete in an my colleagues from the Virginia con- duce gun violence and increase the use ever changing job market. gressional delegation in recognizing of trigger locks in homes. Dr. Barrett’s dedication to his profes- the first-ever contribution from the The current campaign, ‘‘Hugs, Not sion extends far beyond his efforts to Commonwealth of Virginia to this fine Bullets,’’ is intended to reduce the use establish the computer engineering de- tradition. This year, our State, the of firearms during the celebration of gree. To ensure his students have the home of the first English-speaking col- the New Year’s holiday. Youth leaders skills they will need to prepare them ony in the Americas, and home to our have been organizing for months and for post graduate life, he has upgraded first President, George Washington, plan to enlist over 200 students and nu- the department’s course work and lab- and eight of his successors, will make merous community groups in support oratory activities involving micro- America proud as the home of the Na- of the campaign. Several rallies and a controllers, which are small self-con- tion’s holiday tree for the first time candlelight vigil are planned to draw tained computers. When he couldn’t since this tradition began 40 years ago. attention to the campaign and the find a textbook he liked for the degree, The poet Samuel Taylor Coleridge issue of gun safety. In addition, the he contacted a close friend and former wrote of friendship as a ‘‘sheltering

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.072 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11891 tree.’’ And this year, thousands of Vir- salute her and those other Virginians Prior to his position as sole anchor ginians—from all ages and from all whose hard work and creativity have for NBC Nightly News, Mr. Brokaw across the Commonwealth—have ex- brought this magnificent tree to the served as Whitehouse Correspondent tended the right hand of friendship to Nation’s doorstep for all to see and ap- for NBC from 1973 to 1976, reporting on their fellow Americans by providing preciate through the holidays. the Watergate scandal, and from 1976 this great tree for display in our Na- f to 1981 he anchored NBC’s ‘‘Today.’’ tion’s capital. After 38 years with NBC, Tom and his HONORING TOM BROKAW At five o’clock on the evening of De- wife Meredith will be moving on to new cember 9, the Speaker of the House of Mr. JOHNSON. Mr. President, I rise challenges. Tom and Meredith have Representatives will mark the official today to publicly honor and recognize never forgotten their South Dakota beginning of America’s holiday season one of South Dakota’s favorite sons, roots and have returned home with by lighting 10,000 small lights on a 79- Tom Brokaw. He has had an extraor- great frequency. Their generous con- year-old Virginia red spruce that, until dinarily successful career as anchor of tributions of time and financial assist- last month, stood as one of Virginia’s NBC Nightly News. During his 21-year ance to projects in Yankton, at the finest. Without question, it has lived reign as anchor, NBC moved from the University of South Dakota, and through a remarkable period in our Na- least watched to the most watched net- throughout our State reflects their tion’s history. work newscast. wonderful spirit of giving and a com- That flip of a switch will culminate Born in Webster, SD, in 1940, Mr. mitment to an enhanced quality of life over a year of activity by ordinary Vir- Brokaw attended high school in for all South Dakotans. It is with great ginians, park rangers, State officials, Yankton, SD, and began his journalism honor that I share his impressive ac- schoolchildren and countless others in career after graduating from the Uni- complishments with my colleagues. versity of South Dakota in 1962. He was selecting, preparing and decorating f this wonderful, 82-foot tree from Warm hired by NBC news in 1966. Springs Ranger District of the George Throughout his tenure at NBC, Mr. IN HONOR OF THE ARLES GREENE Washington National Forest in High- Brokaw has gathered an impressive list FAMILY of accomplishments. In 1987, he was the land County. Mr. ALEXANDER. Mr. President, I All Virginians rightfully take pride first American to interview Soviet Pre- have a few words before we adjourn for that this 7,500 pound tree will remain mier Mikhail Gorbachev, and this ex- the holidays. This isn’t the first year lit each evening on the National Mall clusive one-on-one from the Kremlin that there will be a lot of empty places until the 2nd of January, welcoming earned him the prestigious Alfred I. du- at our holiday dinner tables. Even if the Christmas and Holiday season for Pont Award. Mr. Brokaw was also the our own table doesn’t have a missing citizens across this great land. Since first American anchor to interview the spot, we know a neighbor or a friend the day last month that the tree was Dalai Lama and to report on human whose brother, mother, or husband is rights abuses in Tibet. In 1989, Mr. airlifted from its place in the George away fighting to keep us safe at home. Brokaw was the only anchor at the Washington National Forest, Vir- These empty places remind us of the scene when the Berlin Wall fell, and in ginians from every corner of the Com- generations of men an women who have 1995 he was the first anchor to report monwealth have played a part in get- sacrificed to keep us free so that we from the site of the Oklahoma City ting this wonderful tree ready for can, in freedom, celebrate those holi- bombing. He was also the first Amer- primetime. Beginning on November 13, days that are important to each of us. ican anchor to interview Russian Presi- the spruce visited 33 communities in Today I rise to honor the service of dent Vladimir Putin in 2000. Mr. our State on its way to the National the family of Arles Greene of Hender- Brokaw has reported live from war Mall: Monterey, Winchester, Leesburg, sonville, TN. Arles’s family has a lot of zones in Iraq, Afghanistan, and Kosovo. Culpeper, King George County, West- Mr. Brokaw is a highly respected po- empty places around their dinner table moreland County, Henrico County, Pe- litical journalist, having covered every in the Second World War. Arles’s father tersburg, Charles City, Hampton, American election since 1968. He an- Eugene W. Greene, his uncle William Onancock, Cape Charles, Virginia chored all of NBC’s political coverage Edwin McDavid and friend Ed Beach, Norfolk, Suffolk, Emporia, from 1984 through 2004, including pri- Gallbreath, Jr., all served some 60 South Boston, Chatham, Damascus, maries, national conventions, and elec- years ago. Smyth County/Marion, Wise, Tazewell, tion nights. He has also moderated Ed Galbreath, Jr., a friend of Arles’s Wytheville, Clifton Forge, New Mar- nine primary and general election de- family, joined the Air Force in Feb- ket, Staunton, New Castle, Roanoke, bates, including the Presidential de- ruary 1944, during his senior year of 1 Orange, Amherst, Farmville, Manassas, bates of 1987 and 1991. high school. He flew 23 ⁄2 missions as a Alexandria, and Vienna. In 1997, Mr. Brokaw won his second gunman, operated a VHF radio, and In addition to the thousands of Vir- duPont award for ‘‘Why Can’t We Live worked the radar jammers. He survived ginians who greeted the tree on its way Together,’’ a documentary examining four crashes. In his last crash, out of a to Washington, thousands of other the racial separation within American B–24 Tiger Shark, he landed in Berlin school children, scouts, State and Fed- suburbs. He won his first Peabody where he was taken prisoner. He spent eral officials, police departments, award in 1989 for examining American months in confinement with some 6,000 members of 4–H clubs, and citizen vol- society in his report, ‘‘To Be An Amer- other prisoners of war until he was lib- unteers also took part in crafting and ican,’’ and received another Peabody in erated by the Russian Army. For his preparing some 10,000 original orna- 2004 for ‘‘Tom Brokaw Reports: A Ques- bravery, Sergeant Galbreath received ments for the tree. Approximately 5,000 tion of Fairness,’’ which discussed the many awards, including the Air Medal of these will hang on the holiday tree, University of Michigan affirmative ac- with three Oak Leaf Clusters, the Pur- and the rest will decorate 70 smaller tion case and the history of affirmative ple Heart, the P.O.W. Medal, and the companion trees in the Nation’s cap- action in the United States. Mr. Parachute Club Medal. His under- ital. Brokaw has received seven Emmy standing of those prisons shaped his As the time-intensive, individual awards for reports on China, the 1992 many future contributions to his com- contributions of tens of thousands of floods in the Midwest, and the 1999 munity of Goodlettsville, TN. Virginians demonstrate, our State is Kosovo conflict, among others. In October of 1943, Arles’s uncle, PVT proud to take a lead role this year in With his 1998 book ‘‘The Greatest William Edwin McDavid, left Moccasin welcoming in the Christmas and holi- Generation,’’ Mr. Brokaw became a Gap, Virginia, to serve in the 38th In- day season for our fellow Americans. best selling author. ‘‘The Greatest Gen- fantry Division. Private McDavid was On a personal note, one of my longest- eration Speaks,’’ ‘‘An Album of Memo- just 18 years old when he served in Nor- serving and hardest-working staff ries,’’ and ‘‘A Long Way from Home’’ mandy, the Rhineland, the Ardennes, members, Ms. Doriene Steeves, has subsequently followed. He has also con- and northern France. While fighting in played a key organizing role in putting tributed to The New York Times, The the Battle of the Bulge on New Year’s together this wonderful event for the Washington Post, The Los Angeles Eve of 1944, McDavid suffered frost- benefit of our State and our Nation. I Times, Newsweek, and Time. bitten hands that ended his infantry

VerDate Aug 04 2004 03:33 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.053 S07PT1 S11892 CONGRESSIONAL RECORD — SENATE December 7, 2004 career. Private McDavid’s service and making her childhood very difficult. message to his friends and family be- bravery was recognized with the award Through all the surgeries and many cause he represents the best of America of a European-African Theatre Ribbon months of recovery and therapy, Gloria and his letter reflects the positive spir- with four Bronze Battle Stars, a Bronze showed great courage and strength by it that is so representative of our coun- Star Medal, and a Purple Heart. working extremely hard to complete try. He has volunteered for the mission Arles’s father, Eugene Greene, began her school work to remain with her to stabilize Iraq and help the Iraqi peo- his career with the U.S. Army in July peers. She completed elementary ple have the freedom and democracy 1944. The oldest of 12 children, he en- school on time, and she also completed that every human being deserves. I listed at 18 years old with the Hancock high school on time. She went on to hope this letter makes every American County Draft Board. He served with the complete a business course as a mem- proud of the thousands of U.S. men and U.S. Army infantry, 2nd Division, 9th ber of the Dean’s List at Douglas Mac- women, both military and civilian, Regiment that assisted in the libera- Arthur Technical College and worked serving bravely overseas during the tion of Nazi concentration camps in two jobs before being hired at Fort holidays. the spring of 1945. Greene and his unit Rucker. His letter reads as follows: liberated the death camps at Dachau. Gloria faced another major back sur- Greetings from Ramadi. He remembers finding only 25 people gery in 1992 and, despite complications As Thanksgiving draws near, I found it fit- alive at the sub-camp where he shot a that required a prolonged absence, she ting to tally my blessings. As it turns out, I lock off a prison gate setting them returned to her job at Fort Rucker have oodles of them. I’m thankful that I’m alive. All of the at- free. Those prisoners rushed to drink with the same fierce determination and tempts on my life have failed. I realize I’m the milk of Holstein cattle pastured strength of will that had made her such wrecking some poor terrorist’s batting aver- nearby. a popular and respected colleague with age, but that’s just tough. I’m thankful for Eugene met General Patton shortly so many of her fellow employees. A the guys on my Personal Security Detail before his death. He says of Patton, back injury in 2000 that left her with a who help ensure those attempts keep failing. ‘‘He was over there to get a job done, compression fracture in her middle I’m thankful for my health. The dust storms and that’s what he did.’’ Eugene back did not deter Gloria from con- are bad for my eyes, nose, throat and lungs Greene returned with may memories of tinuing to perform her duties from so I cry, sneeze and cough but it could be much worse. Much worse. the war. Most of these he buried in the home as best she could. But Gloria re- I’m thankful for the Dining Facility. The fields of his Tennessee farm, but some turned to work at Fort Rucker with grub is not all that good but it sure beats lived on—the faith he had in his fellow the help of a walker and cane even MREs. The food is usually warm. Sometimes soldiers, in his family, and in God. though she was in constant, often se- it’s even hot. We often go weeks without I have had a lot to say about the im- vere, pain. fresh vegetables, but we enjoy them when we portance of teaching American history Gloria Martin’s tenacious and coura- have them. I’m thankful for Coke. I’m not a and civics to help our children grow up geous service to the Army and Fort coffee consumer so that crimson-colored can understanding what it means to be an Rucker is being very rightly rewarded. of carbonated cola contains the caffeine I crave when I work to the wee hours all week. American. The teacher in me thinks of She has a wonderfully supportive fam- I’m thankful for the military postal sys- this tribute as an assignment. I hope ily, and she also loves her church, the tem. It eventually delivers the dusty, when we gather around our holiday ta- First Assembly of God in Kinston, AL. bashed, mangled boxes that contain the vital bles this season we pause to take She has held many leadership positions vittles, the essential sundries and the other stock, like Arles did, to answer what in her church and participates in com- simple pleasures of home that folks have our own families have contributed to munity service activities. In a recent sent my way. America’s history and to answering the Army Flier article, Ms. Martin put her I’m thankful for fall. It has been over a month since the mercury was measured in question of what it means to be an experience in perspective when she triple digits. I’m thankful for cool evenings. American. said, ‘‘I think it’s made me a stronger I’m thankful for full moons, bright stars and Thank you for allowing me to honor person because I grew up going to the desert sunsets. I’m thankful that I get to see my friend Arles Greene and his family. Hospital and to doctor appointments a that big orange orb drop below the horizon f lot. I feel like it has strengthened my every day. The only thing worse than having faith because when you have a dis- a bad day is not making it to the end. TRIBUTE TO MS. GLORIA MARTIN ability, you have to depend more on I’m thankful for the shipping container Mr. SHELBY. Mr. President, today I God. My faith gives me confidence in that acts as my desert abode. It’s modest but it’s higher class than the plywood box I honor Ms. Gloria Martin, a legal assist- my abilities. It gives me the strength ant to the Battalion Commander, 1st called home in Afghanistan. I’m thankful for to get up in the morning. I know that showers. Standing under a gentle cascade of Battalion, 210th Aviation Regiment, my faith in God and His care has en- water with a bar of soap in hand is far supe- Fort Rucker, AL. Ms. Martin was hired abled me to keep working.’’ rior to baby-wipe style bathing. at Fort Rucker in January of 1980. She Gloria Martin is a very special lady, I’m thankful for electricity. It powers the has 24 years of exemplary and dedi- and I am very proud to join the Army window unit air conditioner that keeps me cated service to the United States and Department of Defense in honoring from melting and the computer that makes Army and Fort Rucker. her tremendous accomplishments and it possible for me to communicate with you. This morning, the Army will honor Sometimes we don’t have any of these things extraordinary service to our military. but it’s nice when we do. Ms. Martin with the Army Outstanding She is a role model for us all. She is an I’m thankful for armored cars. They have Employee of the Year with a Disability example for so many others with dis- saved my life more than once. I’m thankful Award. Later today, Ms. Martin will be abilities and a true testament to what for ballistic vests. They protect me from fly- honored by the Department of Defense faith and personal courage can accom- ing projectiles when I’m in town. I’m thank- as the Army’s recipient of the DoD plish. She has touched many lives, and ful for sandbags. They protect me from fly- Outstanding Disabled Employee of the I thank her today for her service. ing projectiles when I’m at home. I’m thank- ful for Mylar. It’s a plastic coating on my Year Award. Ms. Martin will also be f honored with the Meritorious Civilian windows that prevents the glass from shat- KEITH KIDD tering into thousands of pieces when flying Service Award. projectiles break through it. I’m thankful for Ms. Martin was born on August 13, Mrs. HUTCHISON. Mr. President, dumb luck. I suspect it has saved my life 1955, to Paul and Mallie Martin in Opp, over the Thanksgiving weekend, I re- more times than I will ever know. I’m thank- AL. Ms. Martin has five brothers and ceived a letter from a State Depart- ful I was not in my tin home when the rocket sisters, including her twin sister Glad- ment employee from Dallas, Keith exploded over it and blew a 3″ x 5″ hole in the ys. While Gladys was born healthy, Kidd, who left his previous job to serve roof right over my desk and chair where I Gloria suffered from serious abnormali- in Afghanistan in 2003 and then in Iraq would ordinarily have been sitting. (No sand- ties that she has battled her entire life. early this year. As a representative bags or Mylar on the roof—a deficiency we have oft noted.) I’m thankful for Mother Na- The debilitating effects of scoliosis, from the U.S. Embassy to Iraq, he ture’s sense of humor. I had not seen rain in neurofibromatosis and osteoporosis re- worked with military and civilian lead- six months but it rained that night. quired a series of major back surgeries, ers from the Western Al Anbar Prov- I’m thankful for the soldiers and marines the first when Gloria was 5 years old ince. I want to share his Thanksgiving who fight our enemies on the ground and I’m

VerDate Aug 04 2004 03:33 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.026 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11893 thankful for the airmen and the sailors who tional treasures like the Rocky Moun- TRIBUTE TO MRS. MARIE PRINGLE fight them from the sky and sea. I’m thank- tain National Park. Having served as ∑ ful there are people who would give their Mr. BOND. Mr. President, I rise my academy nominations coordinator, today to honor Mrs. Marie Pringle who lives so that others can live in freedom. Marti has assisted thousands of Colo- I’m thankful for you. It is wonderful to is retiring this month from the Depart- have friends and family back home who care rado’s best and brightest youth in their ment of Veterans Affairs, VA. Mrs. for me and pray for me. aspirations to become the future lead- Pringle’s retirement is well deserved I’m thankful for God above. I am here by ers of our military and our nation. after serving more than 30 years for the His design and I will only come home by his My wife, Joan, joins me in expressing Federal Government, including over 20 grace. our thanks for Marti’s many years of years in the VA’s Office of Budget. Mrs. All in all, not bad. Not bad at all. hard work, and in wishing her the best Pringle epitomizes the best of public f for whatever venture she may pursue service in terms of her dedication, TRIBUTE TO CAROL SALISBURY in the future. commitment, hard work, and profes- f Mr. ALLARD. Mr. President, on this sionalism. occasion I pay tribute to a dear friend ADDITIONAL STATEMENTS Mrs. Pringle began her Federal serv- and employee, Carol Salisbury. Carol ice in 1972 with the Department of joined my office in January of 1991, Army as a clerk typist. She then when I was first elected to Congress NEW JERSEY COMMUNITY moved on to the Department of Energy from the Fourth Congressional Dis- DEVELOPMENT CORPORATION in 1978 to work as a budget analyst. trict. One of my original staffers, Carol ∑ Mr. LAUTENBERG. Mr. President, I After a 2-year period in the private sec- has served my office and the people of rise today to pay tribute and to recog- tor, Mrs. Pringle returned to the Fed- Colorado for 14 years, and she has done nize a New Jersey organization cele- eral Government working for the VA’s so with grace and conviction. She will brating its tenth anniversary, the New Office of Budget. At the VA, Mrs. be leaving my office in January 2005. Jersey Community Development Cor- Pringle worked diligently in analyzing Carol began her career working out poration, NJCDC. I wish to take a mo- the budgetary activities of the Depart- of my Fort Collins congressional office, ment now to honor NJCDC for the im- ment whose budget has grown to some and later, the Senate offices in Greeley portant work it is doing in the State of $68 billion. and Loveland. As area director, she New Jersey and the accomplishments As chairman of the VA, HUD, and managed the office and provided dedi- it has achieved over the past decade. Independent Agencies Appropriations cated service on a variety of issues, in- The work of the NJCDC has helped Subcommittee, my staff and I have cluding housing and healthcare. Carol make the dreams of New Jersey resi- found Mrs. Pringle to be an invaluable was instrumental in establishing the dents become a reality for over a dec- resource for reliable and timely data Fall River Visitor Center at Rocky ade now. The NJCDC provides hope for that was critical in helping me make Mountain National Park, the acquisi- a rewarding future through urban revi- decisions impacting the millions of tion of Cherokee Park by the Forest talization efforts, financial support, veterans who depend on the VA. Fur- Service, and many other smaller ob- education initiatives, and the creation ther, Mrs. Pringle provided my sub- jects that have greatly benefitted our of jobs. The work done by NJCDC has committee with technical expertise public lands and will lead to greater directly transformed the lives of many, that helped us develop our appropria- enjoyment by the public. She was pas- especially in the city of Paterson, tions bills. sionate about historic preservation and where I was born. Mrs. Pringle’s departure is a great worked tirelessly on behalf of many In honor of the accomplishments of loss to the Department and my sub- worthwhile interests, including the his- this organization, I ask that a procla- committee and she will be missed. I toric Cumbres & Toltec Scenic Rail- mation honoring the tenth anniversary commend Mrs. Pringle for her out- road in Southern California. Her pres- of the NJCDC be printed in the RECORD. standing public service to the Amer- ence on Team Allard will be missed and The proclamation follows. ican Taxpayer and the millions of our I know the Northern Colorado commu- Whereas, the New Jersey Community de- veterans. I wish Mrs. Pringle and her ∑ nity will miss her as well. Carol was a velopment Corporation is a non-profit com- husband Darian all the best. hard working and earnest friend and munity development and social service agen- f employee. cy based in the City of Paterson, New Jersey; and My wife, Joan, joins me in thanking HARRISON LIM Whereas, the New Jersey Community De- ∑ her for dedication and loyalty. We both velopment Corporation and its dedicated Mrs. BOXER. Mr. President, I take wish her and her husband Jack the best staff empowers individuals to transform this opportunity to recognize Harrison in their future endeavors. their lives and offers a variety of programs Lim, the founder and executive direc- f and services to assist economically disadvan- tor of Charity Cultural Services, who is taged individuals, at-risk youth, and people retiring after 21 years of dedicated TRIBUTE TO MARTI MORGAN with disabilities; and service to the community. Mr. ALLARD. Mr. President, I ex- Whereas, the New Jersey Community De- Mr. Lim emigrated from China to press my appreciation and gratitude to velopment Corporation helps create jobs, San Francisco over 30 years ago. Upon support affordable housing, generate edu- Marti Morgan for her dedicated service cational initiatives, and support men, his arrival in America, he struggled and contributions to my office and to women, and children of the community; and with the difficulties of learning a new the people of Colorado. Marti will be Whereas, the New Jersey Community De- language and assimilating into a new leaving my office on January 5, 2005. As velopment Corporation has contributed to culture. As he worked hard to establish the 108th Congress concludes, a career the revitalization of the City of Paterson and himself in his new country, Mr. Lim that began during the 102d Congress the Great Falls Historic District, helping to noticed that there were other immi- comes to a successful and resounding ensure a vibrant future for the City and its grants who faced similar situations. conclusion. residents; and Seeing the struggles of immigrants, Whereas, now as the New Jersey Commu- Marti began working in my office nity Development Corporation prepares to Mr. Lim dedicated his life to making nearly 13 years ago, in January 1992. celebrate its 10th Anniversary, we congratu- sure that new immigrants had re- Working out of my northern Colorado late the staff and volunteers on this mile- sources available to them to ease the office, located first in Fort Collins and stone. transition of immigration. Greeley and then in Loveland, Marti Therefore, in presenting this citation to To achieve this goal, Mr. Lim found- has been an excellent employee and a the New Jersey Community Development ed and established Charity Cultural true constituent representative. Her Corporation, I, Frank R. Lautenberg, United Services Center, CCSC, in 1983. Located work and expertise in the areas of nat- States Senator, State of New Jersey, on be- in the heart of San Francisco’s China- half of the People of the State of New Jersey ural resources, water, and endangered hereby congratulate the New Jersey Commu- town, CCSC aimed to provide essential species, among others, will be truly nity Development Corporation on its con- services to new Asian American immi- missed. Through her tireless work, she tributions to the community, the City of grants and their families. Today, CCSC has helped me protect and improve na- Paterson, and the State of New Jersey.∑ successfully assists over 4,000 people

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.067 S07PT1 S11894 CONGRESSIONAL RECORD — SENATE December 7, 2004 each year by offering a variety of serv- churches to the extreme destruction the work is done at the local level. New ices, from employment-training for caused by Hurricane Ivan, and Baptist Hampshire’s lakes, like Vermont’s and adults, apprenticeship programs, and churches across the Nation responded. every State’s, are threatened by rapid English-as-a-Second-Language classes Volunteers from 14 different States development along their shores, by pol- to school-based academic support serv- ventured into the most devastated lutants caused from marine craft and ices and other activities for youth. counties in Alabama: Baldwin, Butler, by over-fishing. It is concerned individ- Working with local government, busi- Conecuh, Covington, Clarke, Escambia, uals like Nancy Earle, motivated by nesses, and educational institutions, Mobile, and Washington Counties. The nothing more than their sense of re- CCSC’s programs result in the ability Baptist volunteers assisted Alabamians sponsibility to protect these fragile of new immigrants to improve their in putting their homes and lives back aquatic ecosystems for the use and en- quality of life and provide them with a together. The Baptist groups set up 16 joyment of future generations to whom greater chance at equal opportunities. feeding sites that served 559,000 meals we owe a debt of gratitude. In 1990, seeing a similar need by Asian in Alabama. Specifically, in Butler I want to congratulate Nancy for this American immigrants in Silicon Val- County, 45 North Carolina Baptist Men award, and to commend the New Hamp- ley, Mr. Lim worked successfully with volunteers served 17,586 meals. I had shire Lakes Association for paying the Silicon Valley community to es- the opportunity and privilege of seeing tribute to such a fine and deserving tablish a Silicon Valley chapter of this particular outreach mission, and I person. Nancy was the president of the Charity Cultural Services Center, the was thoroughly impressed with the vol- Walker’s Pond Association in Conway Silicon Valley Crosscultural Commu- unteers attitudes and selfless acts. In for over 30 years. She will be 86 years nity Services Center. addition to serving meals, clean up old this December 24, and despite a re- In addition to his work at CCSC, Mr. crews removed yard debris from 1,750 cent bout with cancer I suspect that, Lim has also been involved with other homes and businesses throughout the health permitting, Nancy Earle will community-based organizations in San eight counties in Alabama, and in some continue to do what she can to protect Francisco. He has served as the Presi- locations the Baptist groups were able New Hampshire’s lakes.∑ dent of the Chinese Consolidated Be- to set up portable showers and washer/ f nevolent Association and also sits on dryer connections, providing 1,118 peo- COMMENDING MAJOR GENERAL the Chinatown Economic Development ple with laundry assistance. JOHN E. ‘‘GENE’’ PRENDERGAST Committee. These men and women, working from ON HIS RETIREMENT Mr. Lim has tirelessly strived to ad- motor homes and in the heat, reflected dress the issues and meet the needs of the best in selfless service. Many were ∑ Mr. BURNS. Mr. President, I rise new immigrants and their families who retired and some have served the Lord today to commend a great man and his find themselves living in two different for many years, yet they were full of long career of selfless service to our cultures. Through CCSC, he has en- energy and vitality. They served, they country. On August 31, Major General riched the community by helping its encouraged, and they helped. The spirit John E. ‘‘Gene’’ Prendergast retired residents develop positive identities, of Jesus was indeed alive and strong in after serving 12 years as Montana’s Ad- build confidence in their capabilities, Greenville. jutant General. and become active members of society. I realize that there were numerous His 46-year career in the Montana Harrison Lim is an invaluable asset organizations, charities, churches, and National Guard began 1958, when he to the Bay Area’s Asian American com- joined the Montana Air National munity. I commend him for his dedica- individuals that came to Alabama’s aid in our time of need. Additionally, I re- Guard. I had the pleasure of getting to tion, hard work and many achieve- know Gene during his time as Mon- ments, and wish him well in his future alize that what I witnessed in Green- tana’s Adjutant General. His leader- endeavors. I am sure that, even in his ville was multiplied all across the ship, vision, and dedication brought a retirement, he will continue to serve as State, and I would like to take this op- great deal to the dedicated and profes- an advocate for the Bay Area’s Asian portunity to thank all of the good Sa- sional men and women of the Montana American immigrants. He is the kind maritans who sacrificed their time, en- National Guard. of person who makes my state and our ergy, and resources to help Alabamians Over the years, he worked to improve country a better place.∑ on their road to recovery. Particularly, I would like to say thank you to the the Guard’s infrastructure in the State f North American Baptist Mission volun- and saw the 1940s vintage buildings at TRIBUTE TO NORTH AMERICAN teers I met in Greenville for their self- Fort Harrison converted into some of BAPTIST MISSION less devotion of time and energy.∑ the most state-of-the-art facilities in ∑ Mr. SESSIONS. Mr. President, I wish f the country. Top of the line military training sites exist today at Limestone today to give tribute to the North NANCY EARLE American Baptist Mission for the great Hills. In addition, new and improved leadership and assistance they provided ∑ Mr. LEAHY. Mr. President, I re- infrastructure exists at the Air Na- the citizens of Alabama in their time of cently learned that Nancy Earle of tional Guard Base at Gore Hill in Great need following Hurricane Ivan. Their South Conway, NH, was presented with Falls and the Army Aviation Support selfless devotion of time, energy, and the New Hampshire Lakes Association Facility at the Helena Airport. skills played an integral role in helping John F. Morton Annual Award for Ex- Our warfighters need the best equip- Alabamians recover from such a tragic emplary Service, 2004. ment and infrastructure possible to do event. I mention this for two reasons. First, their jobs. Gene understood this and I Much of Alabama suffered as a result although Nancy is not a Vermonter, enjoyed working with him to make of Hurricane Ivan. It was a major hur- she and her husband Rink Earle once some of these improvements a reality. ricane that did tremendous damage to lived in Putney, VT where three sons As a result, Montana’s Guard is known homes and properties, timber, and agri- and two granddaughters later attended as one of the best in the Nation. culture throughout the State. I was the Putney School, her husband has a His work did not just stop there. Dur- shocked by the devastation that was niece who lives in Norwich, VT, and ing General Prendergast’s time as Ad- left in the wake of the storm. I was, they both have close friends in jutant General, Montana’s involvement however, encouraged by the resilient Vermont. Second, this award honors in the Partnership for Peace Program nature of the citizens in Alabama dur- Nancy for her tireless work to protect with the country of Kyrgyzstan became ing such a difficult time. I remain con- New Hampshire’s many beautiful lakes, a model for the rest of the United tinually thankful for the thousands of lakes which not only citizens of New States. Also, the Montana National volunteers and, in particular, the Hampshire, but Vermonters and people Guard’s Youth Challenge Program has North American Baptist Mission, that from around the country, as well as successfully transitioned hundreds of came to Alabama lending helping from other countries, enjoy particu- ‘‘at risk’ youth to active, involved hands in our time of need. larly in the summer months. members of society. Concerned for Alabama, the North Protecting the environment is a glob- While he had a talented, dedicated, American Baptist Mission alerted its al challenge, but much if not most of selfless group behind him, General

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.051 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11895 Prendergast led in an inspiring and in- dent of the Oglala Sioux Tribe. Ms. cent annual return. The assets have telligent manner which will not be for- Fire Thunder is the first woman ever grown to over $7.2 billion, with returns gotten. I enjoyed my time working to hold this distinguished position. putting the funds in the top 1 percent with General Prendergast—a man I am Located on the Pine Ridge Indian of the Nation’s pension funds. The re- proud to call my friend. His presence Reservation in southwest South Da- turns from the SDIC’s investments will be missed, but a new chapter of his kota and comprised of about 16,000 resi- allow over 65,000 South Dakotans to re- life lies ahead, and I wish him well as dents, the Oglala Sioux Tribe elected tire with financial dignity. that chapter unfolds.∑ Ms. Fire Thunder over Russell Means Mr. Myers is a man of passion and in- f by a margin of 648 votes. Traditionally, tegrity who takes his responsibility to the Oglala Sioux Tribe has only been retiring South Dakotans very seri- CONGRATULATING TIM TURNER led by male presidents or leaders. ously. As he himself has stated, ‘‘When ∑ Mr. GRASSLEY. Mr. President, I rise Those leaders include historic figures you’re managing other people’s money, today to bring to the attention of my such as Crazy Horse and Red Cloud. it simply won’t do to have 99 percent colleagues a fine Iowan and American. Ms. Fire Thunder’s election is truly a integrity.’’ Mr. Myers is also humble Tim Turner, formerly of Iowa, has been momentous occasion, but this accom- and quick to give credit to his co-work- selected for his photographic skills to plishment is not the first example of ers and members of the South Dakota represent the United States in the her selfless dedication to serving her State Government for their roles in the First International Culinary Competi- community. Ms. Fire Thunder has de- SDIC’s success. tion. This competition brings together voted much of her energy to enriching In addition to his role as chief invest- professional culinary photographers the lives of those around her, and now ment officer of the South Dakota In- from around the globe to bring to life she will take on an even larger role in vestment Council, Stephen is a co- the elements of wine and food in her tribe. Her altruistic vision for her founder and past president of the South unique settings. The artists will be people is unmatched. Dakota Investment Society and co- judged by professional chefs, members Ms. Fire Thunder was born on the founder and executive committee mem- of the press, and the general public. Pine Ridge Reservation but moved to ber of the National Association of Mr. Turner began his interest in pho- California as a young child. Upon her State Investment Officers. He also re- tography while at Heelen High School return to the reservation 24 years ceived the National Association of in Sioux City, IA, and pursued it fur- later, she attended nursing school and State Investment Officers’ Stoddard ther at the University of Iowa and the became active in an effort to provide Award for his significant contribution Brooks Institute of Photography. By free health care to people unable to af- to the State’s public pensions funds. combining his passion for cuisine with ford it themselves. Fire Thunder’s After growing up in Pierre, Mr. his keen eye for photography he has re- background includes her work at a hos- Myers attended the University of ceived major recognition for his work. pital, for the tribe itself, for state gov- South Dakota, where he met his future His photographs have appeared in over ernment, and as a private consultant. bride. His dedication to and love of the 40 cookbooks and he has been nomi- Most recently, she served as the edu- State of South Dakota is evident and nated three times for the prestigious cation specialist for Cangleska, Inc., a has led to investments that have posi- Beard Award and received a Beard domestic abuse education and preven- tively impacted every South Dakotan, Award for best food photography in a tion program on the reservation. either directly or indirectly. The State cookbook. President-elect Fire Thunder was in- will miss his leadership, and it is with Commenting about his photograph augurated today and I have faith that honor that I share his accomplish- selected for the competition, Turner her hard work will be a catalyst for ments with my colleagues.∑ stated: positive changes in her community. I f The human touch is vital to the authen- congratulate Cecelia Fire Thunder on ticity of the food we eat, the wines we drink her election as the next president of MESSAGES FROM THE PRESIDENT and the heirlooms we treasure. These are the the Oglala Sioux Tribe in southwest Messages from the President of the connections to the heart and soul of man- South Dakota. Ms. Fire Thunder is a kind. This photograph, uses a patchwork United States were communicated to shining example of perseverance and the Senate by Ms. Evans, one of his (quilt) as a metaphor for the connection be- strength for her people, and for all tween food and wine, all are united by tradi- secretaries. tion, in methods, techniques, knowledge and South Dakota citizens. I have known f cultural influences, passed through the gen- Cecelia for some time and I sincerely erations. The patchwork (quilt), sewn for the look forward to working with her for EXECUTIVE MESSAGES REFERRED occasion, was created from scraps of old fab- many years to come.∑ As in executive session the President ric, clothes and my photographs reproduced f on fabric. Set in a timeless space, the chair Officer laid before the Senate messages invites the viewer to explore and enjoy. HONORING THE PUBLIC SERVICE from the President of the United The competition is being organized OF STEPHEN MYERS States submitting sundry nominations by the Beaujolais winemaking region ∑ Mr. JOHNSON. Mr. President, I rise and a treaty which were referred to the of France and competitors from 12 today to publicly thank Stephen R. appropriate committees. countries including Denmark, Sweden, Myers for his 32 years as chief invest- (The nominations received today are Japan, Germany, Belgium, Switzer- ment officer of the South Dakota In- printed at the end of the Senate pro- land, Italy, Norway, Finland, Great vestment Council. Mr. Myers has ceedings.) Britain, and France are displaying served with distinction as the state in- f their artistic photographs. vestment officer for the State of South I want to encourage my colleagues to Dakota since September 11, 1972. He MESSAGES FROM THE HOUSE log on to the website at http:// will retire in January to spend more DURING ADJOURNMENT lauriers.beaujolais.com/en to learn time with his wife, Mary Lynn. more about the competition and to The South Dakota Legislature cre- ENROLLED BILLS AND JOINT vote for the United States contestant ated the investment council in 1971 to RESOLUTION SIGNED Tim Turner. The winner will be decided manage seven funds, including assets on February 1, 2005. I ask that you from the State’s retirement system Under authority of the order of the please join me in supporting Mr. Turn- and the proceeds from tobacco lawsuit Senate of January 7, 2003, the Sec- er.∑ damages. Mr. Myers invested $65 mil- retary of the Senate, on November 29, f lion during the first year of the coun- 2004, during the adjournment of the cil’s existence and had immediate suc- Senate, received a message from the CECELIA FIRE THUNDER cess. In more than three decades the House of Representatives announcing ∑ Mr. JOHNSON. Mr. President, I rise fund has returned an average of 11.2 that the Speaker has signed the fol- today to publicly recognize Cecelia percent annually, while the capital lowing enrolled bills and joint resolu- Fire Thunder, the newly elected presi- markets benchmark is only a 10.5-per- tion:

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.029 S07PT1 S11896 CONGRESSIONAL RECORD — SENATE December 7, 2004 S. 150. An act to make permanent the mor- The message further announced that multiple and discriminatory taxes on elec- atorium on taxes on Internet access and the House agree to the amendments of tronic commerce imposed by the Internet multiple and discriminatory taxes on elec- the Senate to the bill (H.R. 4012) to Tax Freedom Act. tronic commerce imposed by the Internet amend the District of Columbia College S. 437. An act to provide for adjustments to Tax Freedom Act. the Central Arizona Project in Arizona, to S. 437. An act to provide for adjustments to Access Act of 1999 to reauthorize for 5 authorize the Gila River Indian Community the Central Arizona Project in Arizona, to additional years the public school and water rights settlement, to reauthorize and authorize the Gila River Indian Community private school tuition assistance pro- amend the Southern Arizona Water Rights water rights settlement, to reauthorize and grams established under the Act. Settlement Act of 1982, and for other pur- amend the Southern Arizona Water Rights The message also announced that the poses. Settlement Act of 1982, and for other pur- House agree to the amendment of the S. 1466. An act to facilitate the transfer of poses. Senate to the resolution (H. Con. Res. land in the State of Alaska, and for other S. 1466. An act to facilitate the transfer of 528) directing the clerk of the House of purposes. land in the State of Alaska, and for other S. 2192., An act to amend title 35, United purposes. Representatives to make technical cor- States Code, to promote cooperative re- S. 2192. An act to amend title 35, United rections in the enrollment of the bill search involving universities, the public sec- States Code, to promote cooperative re- H.R. 4818. tor, and private enterprises. search involving universities, the public sec- f S. 2486., An act to amend title 38, United tor, and private enterprises. States Code, to improve and extend housing, S. 2486. An act to amend title 38, United ENROLLED BILLS SIGNED education, and other benefits under the laws States Code, to improve and extend housing, The message further announced that administered by the Secretary of Veterans education, and other benefits under the laws the Speaker has signed the following Affairs, and for other purposes. administered by the Secretary of Veterans enrolled bills: S. 2618. An act to amend title XIX of the Affairs, and for other purposes. Social Security Act to extend medicare cost- S. 2618. An act to amend title XIX of the H.R. 4012. An act to amend the District of sharing for the medicare part B premium for Social Security Act to extend medicare cost- Columbia College Access Act of 1999 to reau- qualifying individuals through September sharing for the medicare part B premium for thorize for 2 additional years the public 2005. qualifying individuals through September school and private school tuition assistance S. 2873. An act to extend the authority of 2005. programs established under the Act. the United States District Court for the H.R. 4818. An act making appropriations S. 2873. An act to extend the authority of Southern District of Iowa to hold court in for foreign operations, export financing, and the United States District Court for the Rock Island, Illinois. related programs for the fiscal year ending Southern District of Iowa to hold court in S. 3014. An act to reauthorize the Harmful September 30, 2005, and for other purposes. Rock Island, Illinois. Algal Bloom and Hypoxia Research and Con- S. 3014. An act to reauthorize the Harmful The enrolled bills were signed subse- trol Act of 1998, and for other purposes. Algal Bloorm and Hypoxia Research and quently by the President pro tempore f Control act of 1998, and for other purposes. (Mr. STEVENS). H.R. 1350. An act to reauthorize the Indi- EXECUTIVE AND OTHER viduals with Disabilities Education Act, and At 6:06 p.m., a message from the COMMUNICATIONS for other purposes. House of Representatives, delivered by H.R. 2655. An act to amend and extend the The following communications were Mr. Hays, one of its reading clerks, an- laid before the Senate, together with Irish Peace Process Cultural and Training nounced that the House disagree to the Program Act of 1998. accompanying papers, reports, and doc- amendment of the Senate to the bill H.R. 4302. An act to amend title 21, District uments, and were referred as indicated: (H.R. 4548) to authorize appropriations of Columbia Official Code, to enact the pro- EC–10067. A communication from the Sec- visions of the Mental Health Civil Commit- for fiscal year 2005 for intelligence and retary of State, transmitting, pursuant to ment Act of 2002 which affect the Commis- intelligence-related activities of the law, a report prepared by the Department of sion on Mental Health and require action by United States Government, the Com- State for the August 26, 2004 through October Congress in order to take effect. munity Management Account, and the 25, 2004 reporting period concerning matters H.J. Res. 115. Joint resolution making fur- Central Intelligence Agency Retire- relating to post-liberation Iraq under section ther continuing appropriations for the fiscal ment and Disability System, and for 7 of the Iraq Liberation Act of 1998 (P.L. 105– year 2005, and for other purposes. other purposes, and agree to the con- 338); to the Committee on Foreign Relations. Under the authority of the order of ference asked by the Senate on the dis- EC–10068. A message from the President of the United States, transmitting, pursuant to January 7, 2003, the enrolled bills and agreeing votes of the two Houses there- joint resolution were signed by the law, the report of the modification of the na- on and appoints the following members tional emergency with respect to the devel- President pro tempore (Mr. STEVENS) as the managers of the conference on opment fund for Iraq and certain property in during the adjournment of the Senate, the part of the House: From the Per- which Iraq has an interest and protecting on November 29, 2004. manent Select Committee on Intel- the central bank of Iraq that was declared in f ligence, for consideration of the House Executive Order 13303 of May 22, 2003, 13315 of August 28, 2003, and 13350 of July 29, 2004; to MESSAGES FROM THE HOUSE bill and the Senate amendment, and modifications committed to con- the Committee on Banking, Housing, and At 9:33 a.m., a message from the Urban Affairs. ference; Mr. Hoekstra, Mr. Boehlert, EC–10069. A communication from the Presi- House of Representatives, delivered by Mr. Gibbons, Mr. LaHood, Mr. Ms. Niland, one of its reading clerks, dent of the United States, transmitting, the Cunningham, Mr. Burr, Mr. Everett, report of an alternative plan for locality pay announced that the House has passed Mr. Gallegly, Mr. Collins, Mrs. Jo Ann increases payable to civilian Federal em- the following bill, in which it requests Davis of Virginia, Mr. Thornberry, Ms. ployees covered by the General Schedule the concurrence of the Senate: Harman, Mr. Hastings of Florida, Mr. (GS) and certain other pay systems in Janu- H.R. 5394. An act to amend the Internal Reyes, Mr. Boswell, Mr. Peterson of ary 2005; to the Committee on Governmental Revenue Code of 1986 to modify the taxation Minnesota, Mr. Cramer, Ms. Eshoo, Mr. Affairs. EC–10070. A message from the President of of arrow components. Holt, and Mr. Ruppersberger. The message also announced that the the United States, transmitting, pursuant to From the Committee on Armed Serv- law, a report concerning the standards for House has passed the following bills, ices, for consideration of defense tac- supervision of physical therapist assistants without amendment: tical intelligence and related activi- (PTAs) and the effects of eliminating the S. 2657. An act to amend part III of title 5, ties: Mr. Hunter, Mr. Weldon of Penn- ‘‘Personal’’ PTA supervision requirement on United States Code, to provide for the estab- sylvania, and Mr. Skelton. the financial caps for medicare therapy serv- lishment of programs under which supple- ices; to the Committee on Finance. f mental dental and vision benefits are made EC–10071. A message from the President of available to Federal employees, retirees, and ENROLLED BILLS PRESENTED the United States, transmitting, pursuant to their dependents, to expand the contracting The Secretary of the Senate reported law, three documents in response to requests authority of the Office of Personnel Manage- for reports to Congress on outpatient ther- ment, and for other purposes. that on November 29, 2004, she had pre- apy services: the first document is the Cen- S. 2856. An act to limit the transfer of cer- sented to the President of the United ter for Medicare and Medicaid Services re- tain Commodity Credit Corporation funds States the following enrolled bills: port on two studies required by Congress; the between conservation programs for technical S. 150. An act to make permanent the mor- second document is the report entitled assistance for the programs. atorium on taxes on Internet access and ‘‘Study and Report on Outpatient Therapy

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.037 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11897 Utilization’’; and the third document is enti- S. 3031. A bill to provide for the reform of of the Social Security Act to permit tled ‘‘Part B Therapy Services under Medi- intercountry adoption, and for other pur- States to obtain reimbursement under care in 1998–2000’’; to the Committee on Fi- poses; to the Committee on the Judiciary. the medicaid program for care or serv- nance. By Mr. HATCH (for himself and Mr. ices required under the Emergency f LEAHY): S. 3032. A bill to provide for special trial Medical Treatment and Active Labor REPORTS OF COMMITTEES judges of the United States Court of Federal Act that are provided in a nonpublicly Claims, make technical and conforming owned or operated institution for men- The following reports of committees amendments relating to the transition of tal diseases. were submitted: special masters to special trial judges, and S. 1956 By Ms. COLLINS, from the Committee on for other purposes; to the Committee on the At the request of Mrs. BOXER, the Governmental Affairs: Judiciary. Special Report entitled ‘‘Activities of the name of the Senator from Arkansas Committee on Governmental Affairs for the f (Mrs. LINCOLN) was added as a cospon- One Hundred Seventh Congress’’ (Rept. No. SUBMISSION OF CONCURRENT AND sor of S. 1956, a bill to provide assist- 108–421). SENATE RESOLUTIONS ance to States and nongovernmental By Mr. MCCAIN, from the Committee on entities to initiate public awareness Commerce, Science, and Transportation: The following concurrent resolutions and outreach campaigns to reduce Report to accompany S. 1380, a bill to dis- and Senate resolutions were read, and teenage pregnancies. tribute universal service support equitably referred (or acted upon), as indicated: S. 2038 throughout rural America, and for other pur- By Mr. BROWNBACK (for himself and poses (Rept. No. 108–422). At the request of Mr. BAYH, the name Mr. DURBIN): Report to accompany S. 1963, a bill to S. Res. 483. A resolution expressing the of the Senator from New Jersey (Mr. amend the Communications Act of 1934 to sense of the Senate regarding the detention LAUTENBERG) was added as a cosponsor protect the privacy right of subscribers to of Tibetan political prisoners by the Govern- of S. 2038, a bill to amend the Public wireless communication services (Rept. No. ment of the People’s Republic of China; con- Health Service Act to provide for influ- 108–423). sidered and agreed to. enza vaccine awareness campaign, en- Report to accompany S. 2145, a bill to regu- By Mr. FRIST: late the unauthorized installation of com- sure a sufficient influenza vaccine sup- S. Res. 484. A resolution to honor and ply, and prepare for an influenza pan- puter software, to require clear disclosure to thank Robert Ray Howe; considered and computer users of certain computer software agreed to. demic or epidemic, to amend the Inter- features that may pose a threat to user pri- By Mr. NELSON of Florida (for him- nal Revenue Code of 1986 to encourage vacy, and for other purposes (Rept. No. 108– self, Mr. ALLARD, Mr. NELSON of Ne- vaccine production capacity, and for 424). braska, and Mr. ALLEN): other purposes. Report to accompany S. 2281, a bill to pro- S. Con. Res. 152. A concurrent resolution S. 2282 vide a clear and unambiguous structure for expressing the sense of the Congress that the At the request of Mr. KENNEDY, the the jurisdictional and regulatory treatment Department of Defense should continue to for the offering or provision of voice-over- exercise its statutory authority to support name of the Senator from Michigan Internet-protocol applications, and for other the activities of the Boy Scouts of America, (Ms. STABENOW) was added as a cospon- purposes (Rept. No. 108–425). in particular the periodic national and world sor of S. 2282, a bill to amend the Em- Report to accompany S. 2505, a bill to im- Boy Scout Jamborees; to the Committee on ployee Retirement Income Security plement the recommendations of the Federal Armed Services. Act of 1974 and the Internal Revenue Communications Commission report to the Congress regarding low power FM service f Code of 1986 to temporarily replace the (Rept. No. 108–426). 30-year Treasury rate with a rate based Report to accompany S. 2644, a bill to ADDITIONAL COSPONSORS on long-term corporate bonds for cer- amend the Communications Act of 1934 with S. 282 tain pension plan funding requirements respect to the carriage of direct broadcast At the request of Ms. SNOWE, the and other provisions, and for other pur- satellite television signals by satellite car- name of the Senator from Louisiana poses. riers to consumers in rural areas, and for S. 2338 other purposes (Rept. No. 108–427). (Ms. LANDRIEU) was added as a cospon- Report to accompany S. 2820, a bill to en- sor of S. 282, a bill to amend the Edu- At the request of Mr. BOND, the name sure the availability of certain spectrum for cation Sciences Reform Act of 2002 to of the Senator from Connecticut (Mr. public safety entities by amending the Com- require the Statistics Commissioner to DODD) was added as a cosponsor of S. munications Act of 1934 to establish January collect information from coeducational 2338, a bill to amend the Public Health 1, 2009, as the date by which the transition to secondary schools on such schools’ ath- Service Act to provide for arthritis re- digital television shall be completed, and for letic programs. search and public health, and for other other purposes (Rept. No. 108–428). S. 1704 purposes. f At the request of Ms. COLLINS, the S. 2526 INTRODUCTION OF BILLS AND name of the Senator from Louisiana At the request of Mr. BOND, the name JOINT RESOLUTIONS (Ms. LANDRIEU) was added as a cospon- of the Senator from Nebraska (Mr. The following bills and joint resolu- sor of S. 1704, a bill to amend the Pub- NELSON) was added as a cosponsor of S. tions were introduced, read the first lic Health Service Act to establish a 2526, a bill to reauthorize the Chil- and second times by unanimous con- State family support grant program to dren’s Hospitals Graduate Medical Edu- sent, and referred as indicated: end the practice of parents giving legal cation Program. custody of their seriously emotionally S. 2647 By Mr. SMITH (for himself and Mr. disturbed children to State agencies for CONRAD): At the request of Mr. HOLLINGS, the S. 3029. A bill to amend the Internal Rev- the purpose of obtaining mental health names of the Senator from Arizona enue Code of 1986 to encourage guaranteed services for those children. (Mr. MCCAIN) and the Senator from lifetime income payments from annuities S. 1762 Vermont (Mr. LEAHY) were added as co- and similar payments of life insurance pro- At the request of Mr. CRAPO, the sponsors of S. 2647, a bill to establish a ceeds at dates later than death by excluding name of the Senator from Michigan national ocean policy, to set forth the from income a portion of such payments; to (Ms. STABENOW) was added as a cospon- missions of the National Oceanic and the Committee on Finance. By Mr. NELSON of Florida: sor of S. 1762, a bill to amend title II of Atmospheric Administration, to ensure S. 3030. A bill to establish an Office of Con- the Social Security Act to eliminate effective interagency coordination, and sumer Advocacy and Outreach within the the five-month waiting period in the for other purposes. Federal Trade Commission to protect con- disability insurance program, and for S. 2722 sumers from certain unfair or deceptive acts other purposes. At the request of Mr. SPECTER, the or practices, and for other purposes; to the S. 1771 name of the Senator from Mississippi Committee on Commerce, Science, and Transportation. At the request of Ms. SNOWE, the (Mr. COCHRAN) was added as a cospon- By Mr. NICKLES (for himself, Ms. name of the Senator from Arkansas sor of S. 2722, a bill to maintain and ex- LANDRIEU, Mr. CRAIG, and Mr. (Mrs. LINCOLN) was added as a cospon- pand the steel import licensing and INHOFE): sor of S. 1771, a bill to amend title XIX monitoring program.

VerDate Aug 04 2004 02:53 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.040 S07PT1 S11898 CONGRESSIONAL RECORD — SENATE December 7, 2004 S. 2994 heard it said that Americans perceive This legislation has a wide range of At the request of Ms. SNOWE, the the retirement savings ‘‘finish line’’ to support from organizations rep- names of the Senator from Florida (Mr. be the point of retirement. But retire- resenting women, minorities, farmers NELSON) and the Senator from Ne- ment is just the beginning of a very and small businesses. Many in these braska (Mr. NELSON) were added as co- different kind of race, one of unknown groups do not have access to tradi- sponsors of S. 2994, a bill to provide duration. If Americans are going to tional employer provided pension. As that funds received as universal service fully enjoy their retirement years, we we tackle the challenges of retirement contributions under section 254 of the need to ensure that as many Americans policy, we need to ensure that all Communications Act of 1934 and the as possible will have a stream of in- Americans have adequate financial se- universal service support programs es- come they cannot outlive. We have curity to meet their basic needs during tablished pursuant thereto are not sub- some control over when we retire. How- retirement. Personal savings and re- ject to certain provisions of title 31, ever, we have very little control over sponsibility are the keys to a balanced United States Code, commonly known how long we will live. national retirement security policy. as the Antideficiency Act, for a period For most Americans, a ‘‘secure re- Please join me in supporting our pro- of time. tirement’’ means maintaining their posal as a crucial step in providing a secure retirement for all Americans. I S. 3002 standard of living through retirement and the means to deal with life’s chal- ask unanimous consent that the text of At the request of Mr. NELSON of Flor- the legislation be printed in the ida, his name was added as a cosponsor lenges from the first day of retirement to the very last. For the majority of RECORD. of S. 3002, a bill to amend title 10, There being no objection, the bill was United States Code, to direct the Sec- Americans, that requires a steady stream of income that, combined with ordered to be printed in the RECORD, as retary of Defense to carry out a pro- follows: gram to provide a support system for Social Security or other retirement in- come, covers basic living expenses— S. 3029 members of the Armed Forces who Be it enacted by the Senate and House of Rep- incur severe disabilities. from housing expenses to medical bills, taxes to transportation, food to cloth- resentatives of the United States of America in S. 3026 Congress assembled, ing. Yet, Americans today are facing a SECTION 1. SHORT TITLE. At the request of Mr. INHOFE, his serious and growing challenge to re- name was added as a cosponsor of S. This Act may be cited as the ‘‘Retirement tirement security. Security for Life Act of 2004’’. 3026, a bill to support the Boy Scouts of At the same time Americans are liv- SEC. 2. EXCLUSION FOR LIFETIME ANNUITY PAY- America and the Girl Scouts of the ing longer, the future of private and MENTS. United States of America. public retirement programs, as well as (a) LIFETIME ANNUITY PAYMENTS UNDER f financial markets, is increasingly un- ANNUITY CONTRACTS.—Section 72(b) of the In- certain. Fewer Americans are covered ternal Revenue Code of 1986 (relating to ex- STATEMENTS ON INTRODUCED clusion ratio) is amended by adding at the by traditional pension plans, and So- BILLS AND JOINT RESOLUTIONS end the following new paragraph: cial Security currently replaces on av- ‘‘(5) EXCLUSION FOR LIFETIME ANNUITY PAY- By Mr. SMITH (for himself and erage only about 42 percent of earn- MENTS.— Mr. CONRAD): ings. This means it’s increasingly up to ‘‘(A) IN GENERAL.—In the case of lifetime S. 3029. A bill to amend the Internal each individual to manage their retire- annuity payments received under one or Revenue Code of 1986 to encourage ment savings to last their lifetime. more annuity contracts in any taxable year, guaranteed lifetime income payments And exactly how long will that period gross income shall not include 50 percent of from annuities and similar payments of the portion of lifetime annuity payments in retirement be? It depends. Of course otherwise includible (without regard to this life insurance proceeds at dates later none of us know how long we will live; paragraph) in gross income under this sec- than death by excluding from income a research shows most Americans vastly tion. For purposes of the preceding sentence, portion of such payments; to the Com- underestimate their longevity. the amount excludible from gross income in mittee on Finance. According to the Society of Actu- any taxable year shall not exceed $20,000. Mr. SMITH. Mr. President, with over aries, a male age 65 has a 50 percent ‘‘(B) COST-OF-LIVING ADJUSTMENT.—In the 77 million baby boomers beginning to chance of living beyond age 85 and a 25 case of taxable years beginning after Decem- retire in 2008, a serious retirement ber 31, 2005, the $20,000 amount in subpara- percent chance of living beyond age 92. graph (A) shall be increased by an amount challenge is looming in our country. Indeed, the biggest risk we face in re- equal to— Moreover, with Americans living tirement is the longevity risk—that is, ‘‘(i) such dollar amount, multiplied by longer and a growing numbers of retir- living longer than our retirement sav- ‘‘(ii) the cost-of-living adjustment deter- ees facing the challenge of managing ings lasts. In order to meet this chal- mined under section 1(f)(3) for the calendar their own retirement savings, we need lenge, Senator CONRAD and I are intro- year in which the taxable year begins, deter- to provide them with better retirement ducing legislation to encourage the use mined by substituting ‘calendar year 2004’ options. In response, I rise today to of retirement vehicles that pay a guar- for ‘calendar year 1992’ in subparagraph (B) thereof. offer legislation aimed at assisting peo- anteed lifetime income. ple to maintain their financial inde- Under the Retirement Security for If any amount as increased under the pre- ceding sentence is not a multiple of $500, pendence and their standard of living Life Act that Senator CONRAD and I are such amount shall be rounded to the next throughout their retirement by mak- introducing today, a tax incentive lower multiple of $500. ing it easier for them to secure a would be enacted that encourages re- ‘‘(C) APPLICATION OF PARAGRAPH.—Subpara- steady income for life. tirees to provide themselves with a graph (A) shall not apply to— In recent years, the focus of the ‘‘re- guaranteed lifetime income that they ‘‘(i) any amount received under an eligible tirement security’’ debate in Congress can’t outlive. Specifically, the proposal deferred compensation plan (as defined in has almost entirely been on the need to would exclude from Federal taxes one- section 457(b)) or under a qualified retire- accumulate a nest egg to fund retire- half of the income payments from an ment plan (as defined in section 4974(c)), ment. Congress is doing much to en- annuity purchased with after tax dol- ‘‘(ii) any amount paid under an annuity contract that is received by the beneficiary courage personal saving and employer- lars (a so-called non-qualified annuity). under the contract— provided retirement plans. I am proud Importantly, we have proposed a cap ‘‘(I) after the death of the annuitant in the of both our successes and our con- on the exclusion so that no more that case of payments described in subsection tinuing efforts in these areas. Encour- $20,000 could be excluded in a year. For (c)(5)(A)(ii)(III), unless the beneficiary is the aging greater savings is an important a typical American in the 25 percent surviving spouse of the annuitant, or step; however, it is not enough. tax bracket, this would provide an an- ‘‘(II) after the death of the annuitant and Unfortunately, there has been little nual maximum tax savings of up to joint annuitant in the case of payments de- attention paid to the retirement in- $5,000. I believed that this modest tax scribed in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the come or ‘‘payout’’ phase of the retire- incentive will enable some retirees to last to die of the annuitant and the joint an- ment security equation. The risk of consider annuitizing a portion of their nuitant, or outliving one’s savings is one of the nest egg so that they have a guaran- ‘‘(iii) any annuity contract that is a quali- biggest problems facing retirees. I have teed lifetime of income. fied funding asset (as defined in section

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130(d)), but without regard to whether there under paragraph (3). For purposes of sub- (1) IN GENERAL.—Section 101(d) of the Inter- is a qualified assignment. section (w)(1)(C)(ii), the permissible min- nal Revenue Code of 1986 (relating to pay- ‘‘(D) INVESTMENT IN THE CONTRACT.—For imum period of payments shall be deter- ment of life insurance proceeds at a date purposes of this section, the investment in mined as of the annuity starting date and re- later than death) is amended by adding at the contract shall be determined without re- duced by one for each subsequent year. the end the following new paragraph: gard to this paragraph.’’. ‘‘(D) MINIMUM AMOUNT THAT MUST BE PAID ‘‘(4) EXCLUSION FOR LIFETIME ANNUITY PAY- (b) DEFINITIONS.—Subsection (c) of section IN ANY EVENT.—For purposes of subparagraph MENTS.— 72 of the Internal Revenue Code of 1986 is (A), the term ‘minimum amount that must ‘‘(A) IN GENERAL.—In the case of amounts amended by adding at the end the following be paid in any event’ means an amount pay- to which this subsection applies, gross in- new paragraph: able to the designated beneficiary under an come shall not include the lesser of— ‘‘(5) LIFETIME ANNUITY PAYMENT.— annuity contract that is in the nature of a ‘‘(i) 50 percent of the portion of lifetime an- ‘‘(A) IN GENERAL.—For purposes of sub- refund and does not exceed the greater of the nuity payments otherwise includible in gross section (b)(5), the term ‘lifetime annuity amount applied to produce the lifetime an- income under this section (determined with- payment’ means any amount received as an nuity payments under the contract or the out regard to this paragraph), or annuity under any portion of an annuity amount, if any, available for withdrawal ‘‘(ii) the amount in effect under section contract, but only if— under the contract on the date of death.’’. 72(b)(5). ‘‘(i) the only person (or persons in the case (c) RECAPTURE TAX FOR LIFETIME ANNUITY ‘‘(B) RULES OF SECTION 72(B)(5) TO APPLY.— of payments described in subclause (II) or PAYMENTS.—Section 72 of the Internal Rev- For purposes of this paragraph, rules similar (IV) of clause (ii)) legally entitled (by oper- enue Code of 1986 is amended by redesig- to the rules of section 72(b)(5) and section ation of the contract, a trust, or other le- nating subsection (w) as subsection (x) and 72(w) shall apply, substituting the term ‘ben- gally enforceable means) to receive such by inserting after subsection (v) the fol- eficiary of the life insurance contract’ for amount during the life of the annuitant or lowing new subsection: the term ‘annuitant’ wherever it appears, joint annuitant is such annuitant or joint ‘‘(w) RECAPTURE TAX FOR MODIFICATIONS TO and substituting the term ‘life insurance annuitant, and OR REDUCTIONS IN LIFETIME ANNUITY PAY- contract’ for the term ‘annuity contract’ ‘‘(ii) such amount is part of a series of sub- MENTS.— wherever it appears.’’. stantially equal periodic payments made not ‘‘(1) IN GENERAL.—If any amount received (2) CONFORMING AMENDMENT.—Section less frequently than annually over— under an annuity contract is excluded from 101(d)(1) of such Code is amended by insert- ‘‘(I) the life of the annuitant, income by reason of subsection (b)(5) (relat- ing ‘‘or paragraph (4)’’ after ‘‘to the extent ‘‘(II) the lives of the annuitant and a joint ing to lifetime annuity payments), and— not excluded by the preceding sentence’’. annuitant, but only if the annuitant is the ‘‘(A) the series of payments under such (e) EFFECTIVE DATE.— spouse of the joint annuitant as of the annu- contract is subsequently modified so any fu- (1) IN GENERAL.—The amendments made by ity starting date or the difference in age be- ture payments are not lifetime annuity pay- this section shall apply to amounts received tween the annuitant and joint annuitant is ments, in calendar years beginning after the date of 15 years or less, ‘‘(B) after the date of receipt of the first the enactment of this Act. ‘‘(III) the life of the annuitant with a min- lifetime annuity payment under the contract (2) SPECIAL RULE FOR EXISTING CON- imum period of payments or with a min- an annuitant receives a lump sum and there- TRACTS.—In the case of a contract in force on imum amount that must be paid in any after is to receive annuity payments in a re- the date of the enactment of this Act that event, or duced amount under the contract, or does not satisfy the requirements of section ‘‘(IV) the lives of the annuitant and a joint ‘‘(C) after the date of receipt of the first 72(c)(5)(A) of the Internal Revenue Code of annuitant with a minimum period of pay- lifetime annuity payment under the contract 1986 (as added by this section), or require- ments or with a minimum amount that must the dollar amount of any subsequent annuity ments similar to such section 72(c)(5)(A) in be paid in any event, but only if the annu- payment is reduced and a lump sum is not the case of a life insurance contract), any itant is the spouse of the joint annuitant as paid in connection with the reduction, unless modification to such contract (including a of the annuity starting date or the difference such reduction is— change in ownership) or to the payments in age between the annuitant and joint annu- ‘‘(i) due to an event described in subsection thereunder that is made to satisfy the re- itant is 15 years or less. (c)(5)(A)(iii), or quirements of such section (or similar re- ‘‘(iii) EXCEPTIONS.—For purposes of clause ‘‘(ii) due to the addition of, or increase in, quirements) shall not result in the recogni- (ii), annuity payments shall not fail to be a minimum period of payments within the tion of any gain or loss, any amount being treated as part of a series of substantially meaning of subsection (c)(5)(C) or a min- included in gross income, or any addition to equal periodic payments— imum amount that must be paid in any tax that otherwise might result from such ‘‘(I) because the amount of the periodic event (within the meaning of subsection modification, but only if the modification is payments may vary in accordance with in- (c)(5)(D)), completed prior to the date that is 2 years vestment experience, reallocations among then gross income for the first taxable year after the date of the enactment of this Act. investment options, actuarial gains or in which such modification or reduction oc- Mr. CONRAD. Mr. President, I am losses, cost of living indices, a constant per- curs shall be increased by the recapture pleased to join my friend and col- centage applied not less frequently than an- amount. league, Senator GORDON SMITH from nually, or similar fluctuating criteria, ‘‘(2) RECAPTURE AMOUNT.— Oregon, in introducing legislation that ‘‘(II) due to the existence of, or modifica- ‘‘(A) IN GENERAL.—For purposes of this sub- can help seniors enjoy a more secure tion of the duration of, a provision in the section, the recapture amount shall be the contract permitting a lump sum withdrawal retirement. The good news is that amount, determined under rules prescribed Americans are living longer but it also after the annuity starting date, or by the Secretary, equal to the amount that ‘‘(III) because the period between each such (but for subsection (b)(5)) would have been means that people have to plan for a payment is lengthened or shortened, but includible in the taxpayer’s gross income if longer period of retirement. A success- only if at all times such period is no longer the modification or reduction described in ful retirement income plan is a chal- than one calendar year. paragraph (1) had been in effect at all times, lenge even for the savvy investor. How ‘‘(B) ANNUITY CONTRACT.—For purposes of plus interest for the deferral period at the much more difficult is this task for the subparagraph (A) and subsections (b)(5) and underpayment rate established by section millions of Americans with limited in- (w), the term ‘annuity contract’ means a 6621. vestment experience? commercial annuity (as defined by section ‘‘(B) DEFERRAL PERIOD.—For purposes of For years Congress has encouraged 3405(e)(6)), other than an endowment or life this subsection, the term ‘deferral period’ insurance contract. people to save for their retirement. means the period beginning with the taxable Through the tax code, we encourage ‘‘(C) MINIMUM PERIOD OF PAYMENTS.—For year in which (without regard to subsection purposes of subparagraph (A), the term ‘min- (b)(5)) the payment would have been includ- asset building through home owner- imum period of payments’ means a guaran- ible in gross income and ending with the tax- ship. We provide significant tax incen- teed term of payments that does not exceed able year in which the modification de- tives for employer-based pension plans the greater of 10 years or— scribed in paragraph (1) occurs. and for dedicated retirement savings ‘‘(i) the life expectancy of the annuitant as ‘‘(3) EXCEPTIONS TO RECAPTURE TAX.—Para- programs by individuals, such as IRAs of the annuity starting date, in the case of graph (1) shall not apply in the case of any and 401(k) plans. lifetime annuity payments described in sub- modification or reduction that occurs be- One of the biggest threats to retire- paragraph (A)(ii)(III), or cause an annuitant— ‘‘(ii) the life expectancy of the annuitant ment income security for baby boomers ‘‘(A) dies or becomes disabled (within the is their own longevity. It will not be and joint annuitant as of the annuity start- meaning of subsection (m)(7)), ing date, in the case of lifetime annuity pay- ‘‘(B) becomes a chronically ill individual easy to manage their accumulated as- ments described in subparagraph (A)(ii)(IV). within the meaning of section 7702B(c)(2), or sets so that they will last a lifetime. For purposes of this subparagraph, life ex- ‘‘(C) encounters hardship.’’. Unprecedented numbers of Americans pectancy shall be computed with reference (d) LIFETIME DISTRIBUTIONS OF LIFE INSUR- are now living into their 90s and even to the tables prescribed by the Secretary ANCE DEATH BENEFITS.— past 100. Today, actuaries tell us that

VerDate Aug 04 2004 02:14 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.046 S07PT1 S11900 CONGRESSIONAL RECORD — SENATE December 7, 2004 about one in six 65-year-old men and I hope that the 109th Congress will work with law enforcement to track one out of three 65-year-old women can tackle this matter promptly because and investigate fraud schemes that tar- expect to live into their 90s. time is short. That first wave of baby get immigrants, the elderly, minorities Consequently, people are going to boomer retirees begins in 2008—just and other communities. spend more time in retirement than over 36 months from today. One of the ways the Office will work previous generations. Over the course to increase reporting of fraud by Span- of the 20th century, the percentage of By Mr. NELSON of Florida: ish-speakers, for example, will be to men in the workforce aged 65 years or S. 3030. A bill to establish an Office of publicize the reward program through older dropped from about 66 percent to Consumer Advocacy and Outreach a Spanish-language public service ad- less than 20 percent. Now our society within the Federal Trade Commission vertising campaign produced by the confronts the impending retirement of to protect consumers from certain un- Federal Trade Commission that warns 77 million baby boomers. Many of them fair or deceptive acts or practices, and against consumer fraud and provides will not have the guaranteed monthly for other purposes; to the Committee the number for this newly created retirement checks that many of their on Commerce, Science, and Transpor- anonymous hotline. parents enjoyed as a result of em- tation. Additionally, the Office will work ployer-based pension plans. Traditional Mr. NELSON of Florida. Mr. Presi- with law enforcement to increase their defined-benefit pension plans have dent, today I rise to introduce a bill to level of participation in the Consumer given way to defined contribution create a new government reward hot- Sentinel database system. This data- plans, which have shifted the retire- line designed to solicit tips from Span- base, currently in existence, collects ment income security risk from the ish-speaking immigrants and other information from local, State and Fed- employer to the individual. groups that are more likely to be the eral agencies on consumer complaints Of course, there are still many Amer- silent victims of consumer fraud. to assist in the tracking and inves- icans who have no access at all to em- The hotline will allow anyone with tigating of consumer fraud issues. ployer-provided pension plans. Some knowledge of a fraud scheme involving have never been in the traditional deceptive advertising to get a reward By Mr. NICKLES (for himself, workforce; others work in seasonal jobs for reporting it directly to the experts Ms. LANDRIEU, Mr. CRAIG, and or part time. In my state of North Da- who work at the Federal Trade Com- Mr. INHOFE): S. 3031. A bill to kota, as well as in rural and farming mission. provide for the reform of inter- communities across America, there is This legislation addresses the unscru- country adoption, and for other an acute need for retirement vehicles pulous businesses that target certain purposes; to the Committee on that will provide a secure lifetime pay- communities because they know the the Judiciary. out. Others who could face difficulty in victims are less likely to report Mr. NICKLES. Mr. President, last securing retirement income are wid- crimes. It will further the efforts of the month we celebrated National Adop- owed individuals—both men and Federal Trade Commission to combat tion Month. In 2003, Americans opened women—who suddenly find themselves this problem by creating an Office of their hearts and homes to over 20,000 having to make a life insurance benefit Consumer Advocacy and Outreach orphaned children born overseas. In or proceeds from the sale of a business within the Federal Trade Commission order to adopt these children the fami- or family home last a lifetime. which will administer programs and lies had to submit extensive paperwork The proposal we are introducing services that make it easier for victims and work with three federal agencies in today will provide a valuable tool for in these communities to hold wrong- order to be approved to adopt a foreign helping people avoid the risk of out- doers accountable. born child and to be able to bring that living their assets. Specifically, we are A Federal Trade Commission survey child home to America. The Inter- proposing a tax incentive to encourage from earlier this year revealed that country Adoption Reform Act that I Americans to available a portion of nearly 25 million adults in the United their assets annuitize for retirement. If am introducing today along with Sen- States, or 11.2 percent of the adult pop- ANDRIEU RAIG NHOFE they annuitize—in other words, elect ators L , C , and I to receive their money from an annuity ulation, were victims of fraud, and that streamlines the process families go in a series of payments for the rest of certain communities were more likely through to adopt a child from overseas their lives, no matter how long that to fall prey to fraudulent schemes. For by eliminating unnecessary paperwork may be—they would be able to exclude example, the survey found that His- and consolidating the federal functions from income a portion of the annuity panics are twice as likely to be victims into one office. benefit that represents the accumula- of fraud as non-Hispanic whites. A Last November, I introduced the first tion in the annuity above and beyond study conducted by the National Insti- version of the Intercountry Adoption the original investment. The tax ben- tute of Justice concluded that immi- Reform Act, known simply as the efit is capped to ensure that tax shel- grant victims report crimes less fre- ICARE Act, along with Senators tering activity is not encouraged and quently than other victims. The fac- LANDRIEU, CRAIG, INHOFE, BINGAMAN, that the incentive will be effective for tors cited as contributing to this and SMITH. Over the last year we have people who would benefit most from se- underreporting included language bar- received many comments about the bill curing a lifetime income stream. riers, cultural differences, and a lim- from groups representing adoption pro- This proposal we offer today would ited understanding of the United fessionals as well as comments from apply only to life-contingent, non- States Justice system. the administration. In response to qualified annuities. A life-contingent During this past year the Federal these comments, we have revised our annuity that is subsequently modified Trade Commission has levied an in- original bill to incorporate many of the to a fixed-term payout would be sub- creasing number of complaints against suggestions provided to us and to ad- ject to a recapture tax. deceptive Spanish-language advertise- dress some of the concerns expressed. Baby boomers represent an unprece- ments, including fraudulent driving Two major changes have been made. dented challenge to our retirement se- permits and junk computers. Two of First, we have added enforcement pro- curity policies. They should have a these complaints were filed against visions. We revised the bill to make wide range of options available for re- businesses in South Florida that tar- clear that the new Office of Inter- sponsible retirement planning. Our pro- geted Spanish speakers with advertise- country Adoption (OIA) will have the posal focuses on non-qualified annu- ments for ‘‘scientifically unfeasible’’ ability to protect children, birth fami- ities because it is important to have weight-loss pills. lies and adoptive families from fraud this option considered as part of the The Office of Consumer Advocacy and and abuse through enforcement provi- larger retirement income security de- Outreach created by this bill will pro- sions. It also clarifies that the OIA can bate that Congress should have before vide information to targeted con- work with the Department of Home- baby boomers begin retiring in large sumers in these communities on how to land Security and the Department of numbers. Options for making qualified protect themselves against fraudulent Justice to enforce the provisions of the plans more secure should be part of schemes and where to seek redress if Act. Second, we added provisions to that debate as well. they become a victim. The Office will provide a smooth transition from the

VerDate Aug 04 2004 03:33 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.047 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11901 current adoption process to the new ernment relating to foreign adoption (7) Before adoption, each child should have and improved process. These provisions into one centralized office. The office the benefit of measures taken to ensure that ensure that all adoption cases filed would be located within the Depart- intercountry adoption is in his or her best prior to the opening of the OIA would interests and prevents the abduction, selling, ment of State. Currently, these func- or trafficking of children. be processed under the current rules. tions are performed by offices within (8) In addition, Congress recognizes that Any cases filed after the opening of the the Department of Homeland Security foreign born adopted children do not make OIA would be processed under the pro- and the Department of State. Consoli- the decision whether to immigrate to the visions of ICARE. dation of these functions into one of- United States. They are being chosen by There were many other technical and fice will result in focused attention on Americans to become part of their imme- minor changes made to clarify and per- the needs of families seeking to adopt diate families. fect the original language. I believe overseas and on the children they are (9) As such these children should not be that these changes have significantly classified as immigrants in the traditional hoping to make part of their families. sense. Once fully and finally adopted, they improved the bill and address many, if Although I have not been able to see not all of the concerns that were should be treated as children of United this bill through to completion during States citizens. raised. my tenure in the Senate, it is my hope (10) Since a child who is fully and finally Since 1998, I have been working to and desire that my colleagues who adopted is entitled to the same rights, du- improve the foreign adoption process. have cosponsored this bill with me will ties, and responsibilities as a biological It was in that year that I introduced continue to press forward until the child, the law should reflect such equality. the first version of the Child Citizen- (11) Therefore, foreign born adopted chil- goals of this bill are accomplished. ship Act which became law in 2000. dren of United States citizens should be ac- I introduce this revised version of the This Act provides for automatic U.S. corded the same procedural treatment as bi- ICARE Act and hope that it will be re- citizenship for foreign born children ological children born abroad to a United introduced and acted upon in the next adopted by American citizens. When States citizen. Congress. Passage of this bill will sig- (12) If a United States citizen can confer that bill took effect on February 27, nificantly improve the foreign adop- citizenship to a biological child born abroad, 2001, over 150,000 foreign adopted chil- tion process so that more children then the same citizen is entitled to confer dren became U.S. citizens automati- worldwide can find loving, permanent such citizenship to their legally and fully cally. adopted foreign born child immediately upon In the fall of 2001, and the first half of homes. It is my prayer that someday, final adoption. 2002, I helped work on the crisis that adoption will not be needed. That all (13) If a United States citizen cannot con- ensued when the INS suspended Amer- children will be born into stable, loving fer citizenship to a biological child born ican adoptions from Cambodia. Four homes to parents who want them and abroad, then such citizen cannot confer citi- are able to care for them. However, zenship to their legally and fully adopted hundred and fifty families who were in foreign born child, except through the natu- the process of adopting from Cambodia until that day comes, the foreign adop- tion process can be improved and ralization process. were left stranded, unable to bring (b) PURPOSES.—The purposes of this Act their adopted children home to Amer- should be improved. Foreign adopted are— ica. Although there was evidence that children of American citizens should be (1) to ensure that intercountry adoptions fraudulent players were involved in treated as children of U.S. citizens, not take place in the best interests of the child; adoptions in Cambodia and that there as immigrants, and should be accorded (2) to ensure that foreign born children adopted by United States citizens will be is a need for a fraud free, transparent all the same rights as biological chil- dren of U.S. citizens. To that end, I in- treated identically to a biological child born adoption process, the suspension im- abroad to the same citizen parent; and pacted many American families and troduce this bill. (3) to improve the intercountry adoption the Cambodian orphans they hoped to I ask unanimous consent that the process by making it more citizen friendly adopt. The children and families stuck text of the bill be printed in the and focused on the protection of the child. in the process when the suspension was RECORD. SEC. 3. DEFINITIONS. announced needed to be able to com- There being no objection, the bill was In this Act: plete the adoption process they had ordered to be printed in the RECORD, as (1) ADOPTABLE CHILD.—The term ‘‘adopt- started prior to the suspension. I follows: able child’’ has the same meaning given such S. 3031 term in section 101(c)(3) of the Immigration worked with the Administration to de- and Nationality Act (8 U.S.C. 1101(c)(3)), as velop a plan to process those adoptions Be it enacted by the Senate and House of Rep- added by section 204(a) of this Act. where it was determined that no fraud resentatives of the United States of America in (2) AMBASSADOR AT LARGE.—The term was involved. I worked closely with Congress assembled, ‘‘Ambassador at Large’’ means the Ambas- Senator LANDRIEU and other members SECTION 1. SHORT TITLE. sador at Large for Intercountry Adoptions of Congress on both the House and Sen- This Act may be cited as the ‘‘Inter- appointed to head the Office pursuant to sec- ate side to ensure that these Cam- country Adoption Reform Act of 2004’’ or the tion 101(b). ‘‘ICARE Act’’. bodian orphans could come home to (3) COMPETENT AUTHORITY.—The term SEC. 2. FINDINGS; PURPOSES. ‘‘competent authority’’ means the entity or their American families. (a) FINDINGS.—Congress finds the fol- entities authorized by the law of the child’s I have also been working since 2002, lowing: country of residence to engage in permanent to develop the ICARE Act. ICARE has (1) That a child, for the full and harmo- placement of children who are no longer in two main goals. First, and most impor- nious development of his or her personality, the legal or physical custody of their biologi- tantly, this bill acknowledges and af- should grow up in a family environment, in cal parents. firms that foreign adopted children of an atmosphere of happiness, love, and under- (4) CONVENTION.—The term ‘‘Convention’’ American citizens are to be treated in standing. means the Convention on Protection of Chil- all respects the same as children born (2) That intercountry adoption may offer dren and Co-operation in Respect of Inter- abroad to an American citizen. Under the advantage of a permanent family to a country Adoption, done at The Hague on existing law, foreign adopted children child for whom a suitable family cannot be May 29, 1993. found in his or her country of origin. (5) FULL AND FINAL ADOPTION.—The term are treated as immigrants to the (3) There has been a significant growth in ‘‘full and final adoption’’ means an adop- United States. They have to apply for, intercountry adoptions. In 1990, Americans tion— and be granted immigrant visas to adopted 7,093 children from abroad. In 2001, (A) that is completed according to the laws enter the United States. Once they they adopted 19,237 children from abroad. of the child’s country of residence or the enter the United States, citizenship is (4) Americans increasingly seek to create State law of the parent’s residence; acquired automatically. Had these or enlarge their families through inter- (B) under which a person is granted full children been born abroad to American country adoptions. and legal custody of the adopted child; citizens, they would have traveled back (5) There are many children worldwide that (C) that has the force and effect of severing to the United States with a U.S. pass- are without permanent homes. the child’s legal ties to the child’s biological (6) In the interest of children without a parents; port and entered as citizens. This bill permanent family and the United States citi- (D) under which the adoptive parents meet provides for equal treatment for for- zens who are waiting to bring them into the requirements of section 205; and eign adopted children. their families, reforms are needed in the (E) under which the child has been adju- The second goal is to consolidate the intercountry adoption process used by dicated to be an adoptable child in accord- existing functions of the federal gov- United States citizens. ance with section 206.

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(6) OFFICE.—The term ‘‘Office’’ means the (D) INTERNATIONAL POLICY DEVELOPMENT.— (1) APPROVAL OF A FAMILY TO ADOPT.—To Office of Intercountry Adoptions established The Ambassador at Large shall advise and approve or disapprove the eligibility of under section 101(a). support the Secretary of State and other rel- United States citizens to adopt foreign born (7) READILY APPROVABLE.—A petition or evant Bureaus of the Department of State in children. certification is considered ‘‘readily approv- the development of sound policy regarding (2) CHILD ADJUDICATION.—To investigate able’’ if the documentary support provided child protection and intercountry adoption. and adjudicate the status of a child born demonstrates that the petitioner satisfies (E) REPORTING RESPONSIBILITIES.—The Am- abroad to determine their eligibility as an the eligibility requirements and no addi- bassador at Large shall have the following adoptable child. tional information or investigation is nec- reporting responsibilities: (3) FAMILY SERVICES.—To provide assist- essary. (i) IN GENERAL.—The Ambassador at Large ance to United States citizens engaged in the TITLE I—ADMINISTRATION OF shall assist the Secretary of State and other intercountry adoption process in resolving INTERCOUNTRY ADOPTIONS relevant Bureaus in preparing those portions problems with respect to that process and to Subtitle A—In General of the Human Rights Reports that relate to track intercountry adoption cases so as to SEC. 101. OFFICE OF INTERCOUNTRY ADOP- the abduction, sale, and trafficking of chil- ensure that all such adoptions are processed TIONS. dren. in a timely manner. (a) ESTABLISHMENT.—Not later than 180 (ii) ANNUAL REPORT ON INTERCOUNTRY ADOP- (4) INTERNATIONAL POLICY DEVELOPMENT.— days after the date of enactment of this Act, TION.—On September 1 of each year, the Sec- To advise and support the Ambassador at there is to be established within the Depart- retary of State, with the assistance of the Large and other relevant Bureaus in the de- ment of State, an Office of Intercountry Ambassador at Large, shall prepare and velopment of sound policy regarding child Adoptions which shall be headed by the Am- transmit to Congress an annual report on protection and intercountry adoption. bassador at Large for Intercountry Adop- intercountry adoption. Each annual report (5) CENTRAL AUTHORITY.—To assist the Sec- tions who shall be appointed pursuant to shall include— retary of State in carrying out duties of the subsection (b). (I) a description of the status of child pro- central authority as defined in section 3 of (b) AMBASSADOR AT LARGE.— tection and adoption in each foreign coun- the Intercountry Adoption Act of 2000 (42 (1) APPOINTMENT.—The Ambassador at try, including— U.S.C. 14902). Large shall be appointed by the President, (aa) trends toward improvement in the (6) ENFORCEMENT.—To investigate, either by and with the advice and consent of the welfare and protection of children and fami- directly or in cooperation with other appro- Senate, from among individuals who have lies; priate international, Federal, State, or local background, experience, and training in (bb) trends in family reunification, domes- entities, improprieties relating to adoption, intercountry adoptions, taking care to en- tic adoption, and intercountry adoption; including issues of child protection, birth sure that the individual who serves as Am- (cc) movement toward ratification and im- family protection, and consumer fraud. bassador is free from any conflicts of inter- plementation of the Convention; and (7) ADMINISTRATION.—To perform adminis- est that might inhibit such individual’s abil- (dd) census information on the number of trative functions related to the functions ity to serve as Ambassador. children in orphanages, foster homes, and performed under paragraphs (1) through (6), (2) AUTHORITY.—The Ambassador at Large other types of nonpermanent residential care including legal functions and congressional shall report directly to the Secretary of as reported by the foreign country; liaison and public affairs functions. State, in consultation with the Assistant (II) the number of intercountry adoptions (d) ORGANIZATION.— Secretary for Consular Affairs. The Ambas- by United States citizens, including the (1) IN GENERAL.—All functions of the Office sador at Large has no independent regu- country from which each child emigrated, shall be performed by officers housed in a latory authority. the State in which each child resides, and centralized office located in Washington, (3) DUTIES OF THE AMBASSADOR AT LARGE.— the country in which the adoption was final- D.C. Within the Washington, D.C. office, In carrying out the functions of the Office, ized; there shall be 7 divisions corresponding to the Ambassador at Large shall have the fol- (III) the number of intercountry adoptions the 7 functions of the Office. All 7 divisions lowing responsibilities: involving emigration from the United and their respective directors shall report di- (A) IN GENERAL.—The primary responsibil- States, including the country where each rectly to the Ambassador at Large. ities of the Ambassador at Large shall be— child now resides and the State from which (2) APPROVAL TO ADOPT.—The division re- (i) to ensure that intercountry adoptions each child emigrated; sponsible for approving parents to adopt take place in the best interests of the child; (IV) the number of placements for adoption shall be divided into regions of the United and in the United States that were disrupted, in- States as follows: (ii) to assist the Secretary of State in ful- cluding the country from which the child (A) Northwest. filling the responsibilities designated to the emigrated, the age of the child, the date of (B) Northeast. central authority under title I of the Inter- the placement for adoption, the reasons for (C) Southwest. country Adoption Act of 2000 (42 U.S.C. 14911 the disruption, the resolution of the disrup- et seq.). (D) Southeast. tion, the agencies that handled the place- (E) Midwest. (B) ADVISORY ROLE.—The Ambassador at ment for adoption, and the plans for the Large shall be a principal advisor to the (F) West. child, and in addition, any information re- President and the Secretary of State regard- (3) CHILD ADJUDICATION.—To the extent garding disruption or dissolution of adop- ing matters affecting intercountry adoption practicable, the division responsible for the tions of children from other countries re- and the general welfare of children abroad adjudication of foreign born children as ceived pursuant to section 422(b)(14) of the and shall make recommendations regard- adoptable shall be divided by world regions Social Security Act (42 U.S.C. 622(b)(14)); ing— which correspond to those currently used by (V) the average time required for comple- (i) the policies of the United States with other divisions within the Department of tion of an adoption, set forth by the country respect to the establishment of a system of State. cooperation among the parties to the Con- from which the child emigrated; (4) USE OF INTERNATIONAL FIELD OFFICERS.— vention; (VI) the current list of agencies accredited Nothing in this section shall be construed to (ii) the policies to prevent abandonment, and persons approved under the Intercountry prohibit the use of international field offi- strengthen families, and to advance the Adoption Act of 2000 (42 U.S.C. 14901 et seq.) cers posted abroad, as necessary, to fulfill placement of children in permanent families; to provide adoption services; the requirements of this Act. and (VII) the names of the agencies and persons (5) USE OF EXISTING SYSTEMS.—Whenever (iii) policies that promote the protection temporarily or permanently debarred under possible, the Office shall utilize systems cur- and well-being of children. the Intercountry Adoption Act of 2000 (42 rently in place that ensure protections (C) DIPLOMATIC REPRESENTATION.—Subject U.S.C. 14901 et seq.), and the reasons for the against child trafficking. to the direction of the President and the Sec- debarment; (e) QUALIFICATIONS AND TRAINING.—In addi- retary of State, the Ambassador at Large (VIII) the range of adoption fees involving tion to meeting the employment require- may represent the United States in matters adoptions by United States citizens and the ments of the Department of State, officers and cases relevant to international adoption median of such fees set forth by the country employed in any of the 7 divisions of the Of- in— of origin; fice shall undergo extensive and specialized (i) fulfillment of the responsibilities des- (IX) the range of fees charged for accredi- training in the laws and processes of inter- ignated to the central authority under title tation of agencies and the approval of per- country adoption as well as understanding I of the Intercountry Adoption Act of 2000 (42 sons in the United States engaged in pro- the cultural, medical, emotional, and social U.S.C. 14911 et seq.); viding adoption services under the Conven- issues surrounding intercountry adoption (ii) contacts with foreign governments, tion; and and adoptive families. The Ambassador at intergovernmental organizations, and spe- (X) recommendations of ways the United Large shall, whenever possible, recruit and cialized agencies of the United Nations and States might act to improve the welfare and hire individuals with background and experi- other international organizations of which protection of children and families in each ence in intercountry adoptions, taking care the United States is a member; and foreign country. to ensure that such individuals do not have (iii) multilateral conferences and meetings (c) FUNCTIONS OF OFFICE.—The Office shall any conflicts of interest that might inhibit relevant to international adoption. have the following 7 functions: their ability to serve.

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(f) USE OF ELECTRONIC DATABASES AND FIL- grants, loans, contracts, agreements, includ- to which such function is transferred pursu- ING.—To the extent possible, the Office shall ing collective bargaining agreements, certifi- ant to such provision. make use of centralized, electronic databases cates, licenses, and privileges— Subtitle C—Effective Date and electronic form filing. (1) that have been issued, made, granted, or SEC. 121. EFFECTIVE DATE. SEC. 102. RECOGNITION OF CONVENTION ADOP- allowed to become effective by the Presi- TIONS IN THE UNITED STATES. dent, the Ambassador at Large, the former This title shall take effect 180 days after Section 505(a)(1) of the Intercountry Adop- Commissioner of the Immigration and Natu- the date of enactment of this Act. tion Act of 2000 (42 U.S.C. 14901 note) is ralization Service, their delegates, or any TITLE II—REFORM OF UNITED STATES amended by inserting ‘‘301, 302,’’ after ‘‘205,’’. other Government official, or by a court of LAWS GOVERNING INTERCOUNTRY SEC. 103. TECHNICAL AND CONFORMING AMEND- competent jurisdiction, in the performance ADOPTIONS MENT. of any function that is transferred pursuant SEC. 201. AUTOMATIC ACQUISITION OF CITIZEN- Section 104 of the Intercountry Adoption to this title; and SHIP FOR ADOPTED CHILDREN Act of 2000 (42 U.S.C. 14914) is repealed. (2) that are in effect on the effective date BORN OUTSIDE THE UNITED Subtitle B—Transition Provisions of such transfer (or become effective after STATES. SEC. 111. TRANSFER OF FUNCTIONS. such date pursuant to their terms as in ef- (a) AMENDMENTS OF AUTOMATIC CITIZENSHIP (a) IN GENERAL.—Subject to subsection (c), fect on such effective date); PROVISIONS.—Section 320 of the Immigration all functions under the immigration laws of shall continue in effect according to their and Nationality Act (8 U.S.C. 1431) is amend- the United States with respect to the adop- terms until modified, terminated, super- ed— tion of foreign born children by United seded, set aside, or revoked in accordance (1) by amending the section heading to States citizens and their admission to the with law by the President, any other author- read as follows: ‘‘CHILDREN BORN OUTSIDE United States that have been vested by stat- ized official, a court of competent jurisdic- THE UNITED STATES; CONDITIONS UNDER ute in, or exercised by, the Commissioner of tion, or operation of law, except that any WHICH CITIZENSHIP AUTOMATICALLY AC- Immigration and Naturalization, the Immi- collective bargaining agreement shall re- QUIRED’’; and gration and Naturalization Service (or any main in effect until the date of termination (2) in subsection (a), by striking para- officer, employee, or component thereof), of specified in the agreement. graphs (1) through (3) and inserting the fol- the Department of Homeland Security (or (b) PROCEEDINGS.— lowing: any officer, employee, or component thereof) (1) PENDING.—The transfer of functions ‘‘(1) Upon the date the adoption becomes immediately prior to the effective date of under section 111 shall not affect any pro- full and final, at least 1 parent of the child this title, are transferred to the Office on the ceeding or any application for any benefit, is a citizen of the United States, whether by effective date of this title for exercise by the service, license, permit, certificate, or finan- birth or naturalization, who has been phys- Ambassador at Large in accordance with ap- cial assistance pending on the effective date ically present in the United States or its plicable laws and title II of this Act. of this title before an office whose functions outlying possessions for a period or periods (b) EXERCISE OF AUTHORITIES.—Except as are transferred pursuant to this title, but totaling not less than 5 years, at least 2 of otherwise provided by law, the Ambassador such proceedings and applications shall be which were after attaining the age of 14 at Large may, for purposes of performing continued. years. Any periods of honorable service in any function transferred to the Ambassador (2) ORDERS.—Orders shall be issued in such the Armed Forces of the United States, or at Large under subsection (a), exercise all proceedings, appeals shall be taken there- periods of employment with the United authorities under any other provision of law from, and payments shall be made pursuant States Government or with an international that were available with respect to the per- to such orders, as if this Act had not been en- organization as that term is defined in sec- formance of that function to the official re- acted, and orders issued in any such pro- tion 1 of the International Organizations Im- sponsible for the performance of the function ceeding shall continue in effect until modi- munities Act (22 U.S.C. 288) by such citizen immediately before the effective date of the fied, terminated, superseded, or revoked by a parent, or any periods during which such cit- transfer of the function pursuant to this duly authorized official, by a court of com- izen parent is physically present abroad as title. petent jurisdiction, or by operation of law. the dependent unmarried son or daughter (c) LIMITATION ON TRANSFER OF PENDING (3) DISCONTINUANCE OR MODIFICATION.— and a member of the household of a person— ADOPTIONS.—If an individual has filed a peti- Nothing in this section shall be considered to ‘‘(A) honorably serving with the Armed tion with the Immigration and Naturaliza- prohibit the discontinuance or modification Forces of the United States; or tion Service or the Department of Homeland of any such proceeding under the same terms ‘‘(B) employed by the United States Gov- Security with respect to the adoption of a and conditions and to the same extent that ernment or an international organization as foreign born child prior to the date of enact- such proceeding could have been discon- defined in section 1 of the International Or- ment of this title, the Secretary of Home- tinued or modified if this section had not ganizations Immunities Act (22 U.S.C. 288); land Security shall have the authority to been enacted. may be included in order to satisfy the phys- make the final determination on such peti- (c) SUITS.—This title shall not affect suits ical presence requirement of this paragraph. tion and such petition shall not be trans- commenced before the effective date of this ‘‘(2) The child is an adoptable child de- ferred to the Office. title, and in all such suits, proceeding shall scribed in section 101(c)(3). SEC. 112. TRANSFER OF RESOURCES. be had, appeals taken, and judgments ren- ‘‘(3) The child is the beneficiary of a full Subject to section 1531 of title 31, United dered in the same manner and with the same and final adoption decree entered by a for- States Code, upon the effective date of this effect as if this title had not been enacted. eign government or a court in the United title, there are transferred to the Ambas- (d) NONABATEMENT OF ACTIONS.—No suit, States. sador at Large for appropriate allocation in action, or other proceeding commenced by or ‘‘(4) For purposes of this subsection, the accordance with section 115, the assets, li- against the Department of State, the Immi- term ‘full and final adoption’ means an adop- abilities, contracts, property, records, and gration and Naturalization Service, or the tion— unexpended balance of appropriations, au- Department of Homeland Security, or by or ‘‘(A) that is completed under the laws of thorizations, allocations, and other funds against any individual in the official capac- the child’s country of residence or the State employed, held, used, arising from, available ity of such individual as an officer or em- law of the parent’s residence; to, or to be made available to the Immigra- ployee in connection with a function trans- ‘‘(B) under which a person is granted full tion and Naturalization Service or the De- ferred pursuant to this section, shall abate and legal custody of the adopted child; partment of Homeland Security in connec- by reason of the enactment of this Act. ‘‘(C) that has the force and effect of sev- tion with the functions transferred pursuant (e) CONTINUANCE OF SUIT WITH SUBSTI- ering the child’s legal ties to the child’s bio- to this title. TUTION OF PARTIES.—If any Government offi- logical parents; SEC. 113. INCIDENTAL TRANSFERS. cer in the official capacity of such officer is ‘‘(D) under which the adoptive parents The Ambassador at Large may make such party to a suit with respect to a function of meet the requirements of section 205 of the additional incidental dispositions of per- the officer, and pursuant to this title such Intercountry Adoption Reform Act of 2004; sonnel, assets, liabilities, grants, contracts, function is transferred to any other officer and property, records, and unexpended balances or office, then such suit shall be continued ‘‘(E) under which the child has been adju- of appropriations, authorizations, alloca- with the other officer or the head of such dicated to be an adoptable child in accord- tions, and other funds held, used, arising other office, as applicable, substituted or ance with section 206 of the Intercountry from, available to, or to be made available in added as a party. Adoption Reform Act of 2004.’’. connection with such functions, as may be (f) ADMINISTRATIVE PROCEDURE AND JUDI- (b) EFFECTIVE DATE.—This section shall necessary to carry out this title. The Ambas- CIAL REVIEW.—Except as otherwise provided take effect as if enacted on January 1, 1950. sador at Large shall provide for such further by this title, any statutory requirements re- SEC. 202. REVISED PROCEDURES. measures and dispositions as may be nec- lating to notice, hearings, action upon the Notwithstanding any other provision of essary to effectuate the purposes of this record, or administrative or judicial review law, the following requirements shall apply title. that apply to any function transferred pursu- with respect to the adoption of foreign born SEC. 114. SAVINGS PROVISIONS. ant to any provision of this title shall apply children by United States citizens: (a) LEGAL DOCUMENTS.—All orders, deter- to the exercise of such function by the head (1) Upon completion of a full and final minations, rules, regulations, permits, of the office, and other officers of the office, adoption, the Secretary of State shall issue a

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.050 S07PT1 S11904 CONGRESSIONAL RECORD — SENATE December 7, 2004 United States passport and a Consular Re- ‘‘(1) the date on which the adoption of the Homeland Security, is satisfied that the per- port of Birth for a child who satisfies the re- nonimmigrant is completed by the courts of son is not a security risk; and quirements of section 320 of the Immigration the State where the parents reside; or ‘‘(F) whose eligibility for adoption and and Nationality Act (8 U.S.C. 1431), as ‘‘(2) the date that is 4 years after the date emigration to the United States has been amended by section 201 of this Act, upon ap- of admission of the nonimmigrant into the certified by the competent authority of the plication by a United States citizen parent. United States, unless a petitioner is able to country of the child’s place of birth or resi- (2) An adopted child described in paragraph show cause as to why the adoption could not dence.’’. (1) shall not require the issuance of a visa for be completed prior to such date and the Sec- (b) CONFORMING AMENDMENT.—Section travel and admission to the United States retary extends such period for the period 204(d) of the Immigration and Nationality but shall be admitted to the United States necessary to complete the adoption.’’. Act (8 U.S.C. 1154(d)) is amended by inserting upon presentation of a valid, unexpired (c) TEMPORARY TREATMENT AS LEGAL PER- ‘‘and an adoptable child as defined in section United States passport. MANENT RESIDENT.—Notwithstanding any 101(c)(3)’’ before ‘‘unless a valid home- (3) No affidavit of support under section other law, all benefits and protections that study’’. 213A of the Immigration and Nationality Act apply to a legal permanent resident shall SEC. 205. APPROVAL TO ADOPT. (8 U.S.C. 1183a) shall be required in the case apply to a nonimmigrant described in sec- (a) IN GENERAL.—Prior to the issuance of a of any adoptable child. tion 101(a)(15)(W) of the Immigration and Na- visa under section 101(a)(15)(W) of the Immi- (4)(A) The Secretary of State shall require tionality Act, as added by subsection (a), gration and Nationality Act, as added by sec- that agencies provide prospective adoptive pending a full and final adoption. tion 203(a) of this Act, or the issuance of a parents an opportunity to conduct an inde- (d) EXCEPTION FROM IMMUNIZATION RE- full and final adoption decree, the United pendent medical exam and a copy of any QUIREMENT FOR CERTAIN ADOPTED CHIL- States citizen adoptive parent shall have ap- medical records of the child known to exist DREN.—Section 212(a)(1)(C) of the Immigra- proved by the Office a petition to adopt. (to the greatest extent practicable, these tion and Nationality Act (8 U.S.C. Such petition shall be subject to the same documents shall include an English trans- 1182(a)(1)(C)) is amended— terms and conditions as are applicable to pe- lation) on a date that is not later than the (1) in the heading by striking ‘‘10 YEARS’’ titions for classification under section 204.3 earlier of the date that is 2 weeks before the and inserting ‘‘18 YEARS’’; and of title 8 of the Code of Federal Regulations, adoption, or the date on which prospective (2) in clause (i), by striking ‘‘10 years’’ and as in effect on the day before the date of en- adoptive parents travel to such a foreign inserting ‘‘18 years’’. actment of this Act. country to complete all procedures in such (e) REGULATIONS.—Not later than 90 days (b) EXPIRATION OF APPROVAL.—Approval to country relating to adoption. after the date of enactment of this Act, the adopt under this Act is valid for 24 months (B) The Secretary of State shall not re- Secretary of State shall prescribe such regu- from the date of approval. Nothing in this quire an adopted child described in para- lations as may be necessary to carry out this section may prevent the Secretary of Home- graph (1) to undergo a medical exam for the section. land Security from periodically updating the purpose of excluding the child’s immigration SEC. 204. DEFINITION OF ADOPTABLE CHILD. fingerprints of an individual who has filed a to the United States. (a) IN GENERAL.—Section 101(c) of the Im- petition for adoption. (5) The Secretary of State shall take nec- migration and Nationality Act (8 U.S.C. (c) EXPEDITED REAPPROVAL PROCESS OF essary measures to ensure that all prospec- 1101(c)) is amended by adding at the end the FAMILIES PREVIOUSLY APPROVED TO ADOPT.— tive adoptive parents adopting internation- following: The Secretary of State shall prescribe such ally are provided with training that includes ‘‘(3) The term ‘adoptable child’ means an regulations as may be necessary to provide counseling and guidance for the purpose of unmarried person under the age of 18— for an expedited and streamlined process for promoting a successful intercountry adop- ‘‘(A)(i) whose biological parents (or parent, families who have been previously approved tion before such parents travel to adopt the in the case of a child who has one sole or sur- to adopt and whose approval has expired, so child or the child is placed with such parents viving parent) or other persons or institu- long as not more than 3 years have lapsed for adoption. tions that retain legal custody of the child— since the original application. (6) The Secretary of State shall take nec- ‘‘(I) have freely given their written irrev- (d) DENIAL OF PETITION.— essary measures to ensure that— ocable consent to the termination of their (1) NOTICE OF INTENT.—If the officer adjudi- (A) prospective adoptive parents are given legal relationship with the child, and to the cating the petition to adopt finds that it is full disclosure of all direct and indirect costs child’s emigration and adoption and that not readily approvable, the officer shall no- of intercountry adoption before they are such consent has not been induced by pay- tify the petitioner, in writing, of the officer’s matched with child for adoption; ment or compensation of any kind and has intent to deny the petition. Such notice (B) fees charged in relation to the inter- not been given prior to the birth of the child; shall include the specific reasons why the pe- country adoption be on a fee for service basis ‘‘(II) are unable to provide proper care for tition is not readily approvable. not on a contingent fee basis; and the child, as determined by the competent (2) PETITIONERS RIGHT TO RESPOND.—Upon (C) that the transmission of fees between authority of the child’s residence; or receiving a notice of intent to deny, the peti- the adoption agency, the country of origin, ‘‘(III) have voluntarily relinquished the tioner has 30 days to respond to such notice. and the prospective adoptive parents is car- child to the competent authorities pursuant (3) DECISION.—Within 30 days of receipt of ried out in a transparent and efficient man- to the law of the child’s residence; or the petitioner’s response the Office must ner. ‘‘(ii) who, as determined by the competent reach a final decision regarding the eligi- (7) The Secretary of State shall take all authority of the child’s residence— bility of the petitioner to adopt. Notice of a measures necessary to ensure that all docu- ‘‘(I) has been abandoned or deserted by formal decision must be delivered in writing. ments provided to a country of origin on be- their biological parent, parents, or legal (4) RIGHT TO AN APPEAL.—Unfavorable deci- half of a prospective adoptive parent are guardians; or sions may be appealed to the Department of truthful and accurate. ‘‘(II) has been orphaned due to the death or State and, after the exhaustion of the appro- SEC. 203. NONIMMIGRANT VISAS FOR CHILDREN disappearance of their biological parent, par- priate appeals process of the Department, to TRAVELING TO THE UNITED STATES ents, or legal guardians; a United States district court. TO BE ADOPTED BY A UNITED ‘‘(B) with respect to whom the Secretary of (5) REGULATIONS REGARDING APPEALS.—Not STATES CITIZEN. State is satisfied that the proper care will be later than 6 months after the date of enact- (a) IN GENERAL.—Section 101(a)(15) of the furnished the child if admitted to the United ment of this Act, the Secretary of State Immigration and Nationality Act (8 U.S.C. shall promulgate formal regulations regard- 1101(a)(15)) is amended— States; ing the process for appealing the denial of a (1) by striking ‘‘or’’ at the end of subpara- ‘‘(C) with respect to whom the Secretary of petition. graph (U); State is satisfied that the purpose of the (2) by striking the period at the end of sub- adoption is to form a bona fide parent-child SEC. 206. ADJUDICATION OF CHILD STATUS. paragraph (V) and inserting ‘‘; or’’; and relationship and that the parent-child rela- (a) IN GENERAL.—Prior to the issuance of a (3) by adding at the end the following: tionship of the child and the biological par- full and final adoption decree or a visa under ‘‘(W) an adoptable child who is coming into ents has been terminated (and in carrying section 101(a)(15)(W) of the Immigration and the United States for adoption by a United out both obligations under this subparagraph Nationality Act, as added by section 203(a) of States citizen and a spouse jointly or by an the Secretary of State, in consultation with this Act— unmarried United States citizen at least 25 the Secretary of Homeland Security, may (1) the Office shall obtain from the com- years of age, who has been approved to consider whether there is a petition pending petent authority of the country of the child’s adopt.’’. to confer immigrant status on one or both of residence a certification, together with docu- (b) TERMINATION OF PERIOD OF AUTHORIZED the biological parents); mentary support, that the child sought to be ADMISSION.—Section 214 of the Immigration ‘‘(D) with respect to whom the Secretary of adopted meets the description of an adopt- and Nationality Act (8 U.S.C. 1184) is amend- State, is satisfied that there has been no in- able child; and ed by adding at the end the following: ducement, financial or otherwise, offered to (2) not later than 15 days after the date of ‘‘(s) In the case of a nonimmigrant de- obtain the consent nor was it given before the receipt of the certification referred to in scribed in section 101(a)(15)(W), the period of the birth of the child; paragraph (1), the Office shall make a final authorized admission shall terminate on the ‘‘(E) with respect to whom the Secretary of determination on whether the certification earlier of— State, in consultation with the Secretary of and the documentary support are sufficient

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.050 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11905 to meet the requirements of this section or the degree of culpability of the defendant, requests from officials of the United States whether additional investigation or informa- and any history of prior violations by the de- and other governments; tion is required. fendant. Whereas the Government of the People’s (b) PROCESS FOR DETERMINATION.— (c) CRIMINAL PENALTIES.—Whoever know- Republic of China continues to imprison Ti- (1) IN GENERAL.—The Ambassador at Large ingly and willfully commits a violation de- betans for engaging in peaceful efforts to shall work with the competent authorities of scribed in paragraph (1) or (2) of subsection protest China’s repression of Tibetans and the child’s country of residence to establish (a) shall be subject to a fine of not more than preserve the Tibetan identity; a uniform, transparent, and efficient process $250,000, imprisonment for not more than 5 Whereas Tibetan political prisoners are for the exchange and approval of the certifi- years, or both. routinely subjected to beatings, electric shock, solitary confinement, and other forms cation and documentary support required f under subsection (a). of torture and inhumane treatment while in (2) NOTICE OF INTENT.—If the Office finds SUBMITTED RESOLUTIONS Chinese custody; that the certification submitted by the com- Whereas the Government of the People’s petent authority of the child’s country of or- Republic of China continues to exert control igin is not readily approvable, the Office SENATE RESOLUTION 483—EX- over religious and cultural institutions in shall— PRESSING THE SENSE OF THE Tibet, abusing human rights through the (A) notify the competent authority and the torture, arbitrary arrest, and detention SENATE REGARDING THE DE- without fair or public trial of Tibetans who prospective adoptive parents, in writing, of TENTION OF TIBETAN POLITICAL the specific reasons why the certification is peacefully express their political or religious not sufficient; and PRISONERS BY THE GOVERN- views or attempt to preserve the unique Ti- (B) provide the competent authority and MENT OF THE PEOPLE’S REPUB- betan identity; and the prospective adoptive parents the oppor- LIC OF CHINA Whereas the Government of the People’s Republic of China has paroled individual po- tunity to address the stated insufficiencies. Mr. BROWNBACK (for himself and (3) PETITIONERS RIGHT TO RESPOND.—Upon litical prisoners for good behavior or for Mr. DURBIN) submitted the following receiving a notice of intent to find that a medical reasons in the face of strong inter- certification is not readily approvable, the resolution; which was considered and national pressure, but has failed to make the prospective adoptive parents shall have 30 agreed to: systemic changes necessary to provide min- days to respond to such notice. S. RES. 483 imum standards of due process or protec- tions for basic civil and political rights: (4) DECISION.—Not later than 30 days after Whereas, according to the Department of the date of receipt of a response submitted Now, therefore, be it State and international human rights orga- Resolved, That it is the sense of the Senate under paragraph (3), the Office must reach a nizations, the Government of the People’s that— final decision regarding the child’s eligi- Republic of China continues to commit wide- (1) the Government of the People’s Repub- bility as an adoptable child. Notice of such spread and well-documented human rights lic of China is in violation of international decision must be in writing. abuses in Tibet; human rights standards by detaining and (5) RIGHT TO AN APPEAL.—Unfavorable deci- Whereas the People’s Republic of China has mistreating Tibetans who engage in peaceful sions on a certification may be appealed to yet to demonstrate its willingness to abide activities to protest China’s repression of Ti- the Department of State and, after the ex- by internationally accepted standards of betans or promote the preservation of a dis- haustion of the appropriate appeals process freedom of belief, expression, and association tinct Tibetan identity; of the Department, to a United States dis- by repealing or amending laws and decrees (2) sustained international pressure on the trict court. that restrict those freedoms; Government of the People’s Republic of TITLE III—FUNDING Whereas the Government of the People’s China is essential to improve the human SEC. 301. FUNDS. Republic of China has detained hundreds of rights situation in Tibet and secure the re- The Secretary of State shall provide the Tibetan nuns, monks, and lay persons as po- lease of Tibetan political prisoners; Ambassador at Large with such funds as may litical prisoners for speaking out against (3) the Government of the United States be necessary for— China’s occupation of Tibet and for their ef- should— (1) the hiring of staff for the Office; forts to preserve Tibet’s distinct national (A) raise the cases of Tenzin Delek and (2) investigations conducted by the Office; identity; other political prisoners at every oppor- and Whereas Phuntsog Nyidron was arrested on tunity with officials from the People’s Re- (3) travel and other expenses necessary to October 14, 1989, together with 5 other nuns, public of China; and carry out this Act. for participating in a peaceful protest (B) work with other governments con- against China’s occupation of Tibet; TITLE IV—ENFORCEMENT cerned about human rights in China, includ- Whereas, on February 26, 2004, following a ing the Tibet Autonomous Region and other SEC. 401. ENFORCEMENT. sustained international campaign on her be- Tibetan areas, to encourage the release of (a) CIVIL PENALTIES.—A person shall be half, the Government of the People’s Repub- political prisoners and promote systemic im- subject, in addition to any other penalty lic of China released Phuntsog Nyidron from provement of human rights in China; and that may be prescribed by law, to a civil detention after she served more than 14 (4) the Government of the People’s Repub- money penalty of not more than $50,000 for a years of her 16-year sentence; lic of China should, as a gesture of goodwill first violation, and not more than $100,000 for Whereas Tenzin Delek, a prominent Ti- and in order to promote human rights, im- each succeeding violation if such person— betan religious leader, and 3 other monks mediately release all political prisoners, in- (1) violates a provision of this Act or an were arrested on April 7, 2002, during a night- cluding Tenzin Delek. amendment made by this Act; time raid on Jamyang Choekhorling mon- (2) makes a false or fraudulent statement, astery in Nyagchu County, Tibetan Autono- SENATE RESOLUTION 484—TO or misrepresentation, with respect to a ma- mous Prefecture; terial fact, or offers, gives, solicits, or ac- Whereas, following a closed trial and more HONOR AND THANK ROBERT RAY cepts inducement by way of compensation, than 8 months of incommunicado detention, HOWE intended to influence or affect in the United Tenzin Delek and another Tibetan, Lobsang Mr. FRIST submitted the following States or a foreign country— Dhondup, were convicted of inciting sepa- resolution; which was considered and (A) a decision for an approval under title ratism and for their alleged involvement in a agreed to: II; series of bombings on December 2, 2002; S. RES. 484 (B) the relinquishment of parental rights Whereas Lobsang Dhondup was sentenced or the giving of parental consent relating to to death and Tenzin Delek was sentenced to Whereas Assistant Chief Robert Ray Howe, the adoption of a child; or death with a 2-year suspension; a native of the State of Wyoming, was ap- (C) a decision or action of any entity per- Whereas the Government of the People’s pointed as a United States Capitol Police forming a central authority function; or Republic of China told senior officials of the Private on March 4, 1971; Whereas Assistant Chief Howe, throughout (3) engages another person as an agent, United States and other governments that his career, has distinguished himself through whether in the United States or in a foreign the cases of Lobsang Dhondup and Tenzin countless commendations and recognition country, who in the course of that agency Delek would be subjected to a ‘‘lengthy re- for professionalism and extraordinary serv- takes any of the actions described in para- view’’ by the Supreme People’s Court prior ice for the United States Capitol Police; graph (1) or (2). to the death sentences being carried out; Whereas Assistant Chief Howe, through ex- (b) CIVIL ENFORCEMENT.— Whereas the Supreme People’s Court never traordinary efforts and dedication during his (1) AUTHORITY OF ATTORNEY GENERAL.—The carried out this review, and Lobsang outstanding career of over thirty (30) years, Attorney General may bring a civil action to Dhondup was executed on January 26, 2003; rose from the rank of private to the position enforce subsection (a) against any person in Whereas the Government of the People’s of Assistant Chief of Police, the second in any United States district court. Republic of China has failed to produce any command of the United States Capitol Po- (2) FACTORS TO BE CONSIDERED IN IMPOSING evidence that either Lobsang Dhondup or lice; PENALTIES.—In imposing penalties the court Tenzin Delek were involved in the crimes for Resolved, That the Senate hereby honors shall consider the gravity of the violation, which they were convicted, despite repeated and thanks Robert Ray Howe and his family

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.050 S07PT1 S11906 CONGRESSIONAL RECORD — SENATE December 7, 2004 for a lifelong professional commitment of particular the periodic national and world tain local school districts in the State service to the United States Capitol Police Boy Scout Jamborees. of California in providing educational and the United States Congress. f services for students attending schools AMENDMENTS SUBMITTED AND located within Yosemite National SENATE CONCURRENT RESOLU- PROPOSED Park, to authorize the secretary of the TION 152—EXPRESSING THE Interior to adjust the boundaries of the SENSE OF THE CONGRESS THAT SA 4082. Mr. THOMAS (for Mr. LIEBERMAN) Golden Gate National Recreation Area, THE DEPARTMENT OF DEFENSE proposed an amendment to the concurrent and for other purposes; as follows: SHOULD CONTINUE TO EXERCISE resolution S. Con. Res. 78, condemning the repression of the Iranian Baha’i community Strike all after the enacting clause and in- ITS STATUTORY AUTHORITY TO and calling for the emancipation of Iranian sert the following: SUPPORT THE ACTIVITIES OF Baha’is. TITLE I—YOSEMITE NATIONAL PARK THE BOY SCOUTS OF AMERICA, SA 4083. Mr. THOMAS (for Mr. LIEBERMAN) AUTHORIZED PAYMENTS. IN PARTICULAR THE PERIODIC proposed an amendment to the concurrent SEC. 101. PAYMENTS FOR EDUCATIONAL SERV- NATIONAL AND WORLD BOY resolution S. Con. Res. 78, supra. ICES. SCOUT JAMBOREES SA 4084. Mr. ALEXANDER (for Mr. DOMEN- (a) IN GENERAL.—(1) For fiscal years 2005 ICI) proposed an amendment to the bill H.R. through 2008, the Secretary of the Interior Mr. NELSON of Florida (for himself, 620, An act to authorize the Secretary of the may provide funds to the Bass Lake Joint Mr. ALLARD, Mr. NELSON of Nebraska, Interior to provide supplemental funding and Union Elementary School District and the and Mr. ALLEN) submitted the fol- other services that are necessary to assist Mariposa Unified School District in the lowing concurrent resolution; which certain local school districts in the State of State of California for educational services was referred to the Committee on California in providing educational services to students— (A) who are dependents of persons engaged Armed Services: for students attending schools located within Yosemite National Park, to authorize the in the administration, operation, and main- S. CON. RES. 152 Secretary of the Interior to adjust the tenance of Yosemite National Park; or Whereas the Boy Scouts of America was in- boundaries of the Golden Gate National (B) who live within or near the park upon corporated on February 8, 1910, and received Recreation Area, and for other purposes. real property owned by the United States. a Federal charter on June 15, 1916, which is SA 4085. Mr. ALEXANDER (for Mr. DOMEN- (2) The Secretary’s authority to make pay- codified as chapter 309 of title 36, United ICI) proposed an amendment to the bill S. ments under this section shall terminate if States Code; 1521, An act to direct the Secretary of the In- the State of California or local education Whereas section 30902 of title 36, United terior to convey certain land to the Edward agencies do not continue to provide funding States Code, states that it is the purpose of H. McDaniel American Legion Post No. 22 in to the schools referred to in subsection (a) at the Boy Scouts of America to promote, Pahrump, Nevada, for the construction of a per student levels that are no less than the through organization, and cooperation with post buiding and memorial park for use by amount provided in fiscal year 2004. (b) LIMITATION ON USE OF FUNDS.—Pay- other agencies, the ability of boys to do the American Legion, other veterans’ ments made under this section shall only be things for themselves and others, to train groups, and the local community, and for used to pay public employees for educational them in scoutcraft, and to teach them patri- other purposes. otism, courage, self-reliance, and kindred services provided in accordance with sub- f virtues; section (a). Payments may not be used for Whereas, since its inception, millions of TEXT OF AMENDMENTS construction, construction contracts, or Americans of every race, creed, and religion major capital improvements. SA 4082. Mr. THOMAS (for Mr. (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- have participated in the Boy Scouts of Amer- ments made under this section shall not ex- ica, and the Boy Scouts of America, as of Oc- LIEBERMAN) proposed an amendment to ceed the lesser of— tober 1, 2004, utilizes more than 1,200,000 the concurrent resolution S. Con. Res. (1) $400,000 in any fiscal year; or adult volunteers to serve 2,863,000 youth 78, condemning the repression of the (2) the amount necessary to provide stu- members organized in 121,051 units; Iranian Baha´ ’ı´ community and calling dents described in subsection (a) with edu- Whereas the Department of Defense and for the emancipation of Iranian cational services that are normally provided members of the Armed Forces have a long Baha´ ’ı´s, as follows: and generally available to students who at- history of supporting the activities of the Beginning with page 5, line 22, strike all tend public schools elsewhere in the State of Boy Scouts of America and individual Boy through page 6, line 7, and insert the fol- California. Scout troops inside the United States, and lowing: (d) SOURCE OF PAYMENTS.—(1) Except as section 2606 of title 10, United States Code, ‘‘(A) assert the concerns of the United otherwise provided in this subsection, the enacted in 1988, specifically authorizes the States Government regarding violations by Secretary may use funds available to the Na- Department of Defense to cooperate with and the Iranian Government of the rights of Ira- tional Park Service from appropriations, do- assist the Boy Scouts of America in estab- nian citizens, including members of the nations, or fees. lishing and providing facilities and services Baha´ ’ı´ community;’’. (2) Funds from the following sources shall for members of the Armed Forces and their not be used to make payments under this dependents, and civilian employees of the SA 4083. Mr. THOMAS (for Mr. section: Department of Defense and their dependents, LIEBERMAN) proposed an amendment to (A) Any law authorizing the collection or at locations outside the United States; the concurrent resolution S. Con. Res. expenditure of entrance or use fees at units Whereas sections 4682, 7541, and 9682 of title of the National Park System, including the 10, United States Code, authorize the Depart- 78, condemning the repression of the Land and Water Conservation Fund Act of ment of Defense to sell and, in certain cases, Iranian Baha’i community and calling 1965 (16 U.S.C. 460l–4 et seq.); the recreational donate obsolete or excess material to the for the emancipation of Iranian Ba- fee demonstration program established Boy Scouts of America to support its activi- ha’is; as follows: under section 315 of the Department of the ties; and Insert after the fourth whereas clause the Interior and Related Agencies Appropria- Whereas Public Law 92–249, enacted on following: tions Act, 1996 (16 U.S.C. 460l–6a note); and March 10, 1972, and codified as section 2554 of ‘‘Whereas Iranian authorities destroyed a the National Park Passport Program estab- title 10, United States Code, recognizes that Baha´ ′ı´ holy site, the tomb of Quddus, in Feb- lished under section 602 of the National Boy Scout Jamborees may be held on mili- ruary 2004, and the historic house of the fa- Parks Omnibus Management Act of 1998 (16 tary installations and authorizes the Depart- ther of the founder of the Baha´ ′ı´ faith in U.S.C. 5992). ment of Defense to loan certain equipment June 2004, marking the first time in 25 years (B) Emergency appropriations for flood re- and to provide transportation from the that Baha´ ′ı´ sites have been destroyed;’’. covery at Yosemite National Park. United States or military commands over- Strike the tenth whereas clause that be- (3)(A) The Secretary may use an author- seas, and return, at no expense to the United gins ‘‘Whereas as of June 2003’’ and insert the ized funding source to make payments under States Government, and to provide other following: this section only if the funding available to personnel services and logistical support to ‘‘Whereas as of November 2004, one Baha´ ′ı´ Yosemite National Park from such source the Boy Scouts of America to support na- remains in an Iranian prison for converting (after subtracting any payments to the tional and world gatherings of Boy Scouts at from Islam to the Baha´ ′ı´ faith in 1995;’’. school districts authorized under this sec- events known as Boy Scout Jamborees: Now, tion) is greater than or equal to the amount therefore, be it SA 4084. Mr. ALEXANDER (for Mr. made available to the park for the prior fis- Resolved by the Senate (the House of Rep- DOMENICI) proposed an amendment to cal year, or in fiscal year 2004, whichever is resentatives concurring), That it is the sense greater. of the Congress that the Department of De- the bill H.R. 620, An act to authorize (B) It is the sense of Congress that any fense should continue to exercise its long- the Secretary of the Interior to provide payments made under this section should standing statutory authority to support the supplemental funding and other serv- not result in a reduction of funds to Yosem- activities of the Boy Scouts of America, in ices that are necessary to assist cer- ite National Park from any specific funding

VerDate Aug 04 2004 03:33 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.052 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11907 source, and that with respect to appropriated (1) by striking subsection (b) and inserting ‘‘Lands to be Added’’ shall become part of funds, funding levels should reflect annual the following new subsection: the Wilderness if the United States acquires, increases in the park’s operating base funds ‘‘(b) MEMBERSHIP.—The Commission shall or alternative adequate access is available that are generally made to units of the Na- be composed of 18 members appointed by the to, section 12 of township 15 north, range 01 tional Park System. Secretary for terms of five years each. In ap- west. SEC. 102. AUTHORIZATION FOR PARK FACILITIES pointing such members, the Secretary shall (f) RELEASE.—The Congress hereby finds TO BE LOCATED OUTSIDE THE ensure that the interests of local, historic and directs that the lands generally depicted BOUNDARIES OF YOSEMITE NA- recreational users of the recreation area are on the map as ‘‘Lands to be Released’’ have TIONAL PARK. represented.’’; and been adequately studied for wilderness des- (a) FUNDING AUTHORITY FOR TRANSPOR- (2) in subsection (g), by striking ‘‘cease to ignation pursuant to section 603 of the Fed- TATION SYSTEMS AND EXTERNAL FACILITIES.— exist thirty years after the enactment of this eral Land Policy and Management Act of Section 814(c) of the Omnibus Parks and Act’’ and inserting ‘‘terminate on December 1976 (43 U.S.C. 1782) and no longer are subject Public Lands Management Act of 1996 (16 31, 2014’’. to the requirement of section 603(c) of such Act (43 U.S.C. 1782(c)) pertaining to the man- U.S.C. 346e) is amended— SEC. 203. MANZANAR NATIONAL HISTORIC SITE (1) in the heading by inserting ‘‘AND YO- ADVISORY COMMISSION. agement of wilderness study areas in a man- SEMITE NATIONAL PARK’’ after ‘‘ZION NA- Section 105(h) of Public Law 102–248 (16 ner that does not impair the suitability of TIONAL PARK’’; U.S.C. 461 note) is amended by striking ‘‘10 such areas for preservation as wilderness. (g) GRAZING.—Grazing of livestock in the (2) in the first sentence— years after the date of enactment of this (A) by inserting ‘‘and Yosemite National Wilderness, where established before the title’’ and inserting ‘‘on December 31, 2013’’. date of the enactment of this Act, shall be Park’’ after ‘‘Zion National Park’’; and TITLE III—OJITO WILDERNESS (B) by inserting ‘‘for transportation sys- administered in accordance with the provi- sions of section 4(d)(4) of the Wilderness Act tems or’’ after ‘‘appropriated funds’’; and SEC. 301. SHORT TITLE. (16 U.S.C. 1133(d)(4)) and the guidelines set (3) in the second sentence by striking ‘‘fa- This title may be cited as the ‘‘Ojito Wil- forth in Appendix A of the Report of the cilities’’ and inserting ‘‘systems or facili- derness Act’’. Committee on Interior and Insular Affairs to ties’’. SEC. 302. DEFINITIONS. accompany H.R. 2570 of the One Hundred (b) CLARIFYING AMENDMENT FOR TRANSPOR- In this title: First Congress (H. Rept. 101–405). TATION FEE AUTHORITY.—Section 501 of the (1) PUEBLO.—The term ‘‘Pueblo’’ means the Pueblo of Zia. (h) FISH AND WILDLIFE.—As provided in sec- National Parks Omnibus Management Act of tion 4(d)(7) of the Wilderness Act (16 U.S.C. (2) SECRETARY.—The term ‘‘Secretary’’ 1998 (16 U.S.C. 5981) is amended in the first 1133(d)(7)), nothing in this section shall be means the Secretary of the Interior. sentence by striking ‘‘service contract’’ and construed as affecting the jurisdiction or re- (3) STATE.—The term ‘‘State’’ means the inserting ‘‘service contract, cooperative sponsibilities of the State with respect to State of New Mexico. agreement, or other contractual arrange- fish and wildlife in the State. (4) MAP.—The term ‘‘map’’ means the map ment’’. (i) WATER RIGHTS.— entitled ‘‘Ojito Wilderness Act’’ and dated TITLE II—RANCHO CORRAL DE TIERRA (1) FINDINGS.—Congress finds that— October 1, 2004. GOLDEN GATE NATIONAL RECREATION (A) the land designated as Wilderness by (5) WILDERNESS.—The term ‘‘Wilderness’’ AREA BOUNDARY ADJUSTMENT this title is arid in nature and is generally means the Ojito Wilderness designated under SEC. 201. SHORT TITLE. not suitable for use or development of new section 303(a). water resource facilities; and This title may be cited as the ‘‘Rancho SEC. 303. DESIGNATION OF THE OJITO WILDER- Corral de Tierra Golden Gate National (B) because of the unique nature and hy- NESS. drology of the desert land designated as wil- Recreation Area Boundary Adjustment Act’’. (a) IN GENERAL.—In furtherance of the pur- derness by this title, it is possible to provide SEC. 202. GOLDEN GATE NATIONAL RECREATION poses of the Wilderness Act (16 U.S.C. 1131 et for proper management and protection of the AREA, CALIFORNIA. seq.), there is hereby designated as wilder- wilderness and other values of lands in ways (a) BOUNDARY ADJUSTMENT.—Section 2(a) ness, and, therefore, as a component of the different from those used in other legisla- of Public Law 92–589 (16 U.S.C. 460bb–1(a)) is National Wilderness Preservation System, tion. amended— certain land in the Albuquerque District-Bu- (2) STATUTORY CONSTRUCTION.—Nothing in (1) by striking ‘‘The recreation area shall reau of Land Management, New Mexico, this title— comprise’’ and inserting the following: which comprise approximately 11,183 acres, (A) shall constitute or be construed to con- ‘‘(1) INITIAL LANDS.—The recreation area as generally depicted on the map, and which stitute either an express or implied reserva- shall comprise’’; and shall be known as the ‘‘Ojito Wilderness’’. tion by the United States of any water or (2) by striking ‘‘The following additional (b) MAP AND LEGAL DESCRIPTION.—The map water rights with respect to the land des- lands are also’’ and all that follows through and a legal description of the Wilderness ignated as wilderness by this title; the period at the end of the subsection and shall— (B) shall affect any water rights in the inserting the following new paragraphs: (1) be filed by the Secretary with the Com- State existing on the date of the enactment ‘‘(2) ADDITIONAL LANDS.—In addition to the mittee on Energy and Natural Resources of of this Act, including any water rights held lands described in paragraph (1), the recre- the Senate and the Committee on Resources by the United States; ation area shall include the following: of the House of Representatives as soon as (C) shall be construed as establishing a ‘‘(A) The parcels numbered by the Assessor practicable after the date of the enactment precedent with regard to any future wilder- of Marin County, California, 119–040–04, 119– of this Act; ness designations; 040–05, 119–040–18, 166–202–03, 166–010–06, 166– (2) have the same force and effect as if in- (D) shall affect the interpretation of, or 010–07, 166–010–24, 166–010–25, 119–240–19, 166– cluded in this title, except that the Sec- any designation made pursuant to, any other 010–10, 166–010–22, 119–240–03, 119–240–51, 119– retary may correct clerical and typo- Act; or 240–52, 119–240–54, 166–010–12, 166–010–13, and graphical errors in the legal description and (E) shall be construed as limiting, altering, 119–235–10. map; and modifying, or amending any of the interstate ‘‘(B) Lands and waters in San Mateo Coun- (3) be on file and available for public in- compacts or equitable apportionment de- ty generally depicted on the map entitled spection in the appropriate offices of the Bu- crees that apportion water among and be- ‘Sweeney Ridge Addition, Golden Gate Na- reau of Land Management. tween the State and other States. tional Recreation Area’, numbered NRA GG– (c) MANAGEMENT OF WILDERNESS.—Subject (3) NEW MEXICO WATER LAW.—The Secretary 80,000–A, and dated May 1980. to valid existing rights, the Wilderness shall shall follow the procedural and substantive ‘‘(C) Lands acquired under the Golden Gate be managed by the Secretary in accordance requirements of the law of the State in order National Recreation Area Addition Act of with the Wilderness Act (16 U.S.C. 1131 et to obtain and hold any water rights not in 1992 (16 U.S.C. 460bb–1 note; Public Law 102– seq.) and this title, except that, with respect existence on the date of enactment of this 299). to the Wilderness, any reference in the Wil- Act with respect to the wilderness areas des- ‘‘(D) Lands generally depicted on the map derness Act to the effective date of the Wil- ignated by this title. entitled ‘Additions to Golden Gate National derness Act shall be deemed to be a reference (4) NEW PROJECTS.— Recreation Area’, numbered NPS–80–076, and to the date of the enactment of this Act. (A) WATER RESOURCE FACILITY.—As used in dated July 2000/PWR–PLRPC. (d) MANAGEMENT OF NEWLY ACQUIRED this subsection, the term ‘‘water resource fa- ‘‘(E) Lands generally depicted on the map LAND.—If acquired by the United States, the cility’’— entitled ‘Rancho Corral de Tierra Additions following land shall become part of the Wil- (i) means irrigation and pumping facilities, to the Golden Gate National Recreation derness and shall be managed in accordance reservoirs, water conservation works, aque- Area’, numbered NPS–80,079E, and dated with this title and other laws applicable to ducts, canals, ditches, pipelines, wells, hy- March 2004. the Wilderness: dropower projects, and transmission and ‘‘(3) ACQUISITION LIMITATION.—The Sec- (1) Section 12 of township 15 north, range 01 other ancillary facilities, and other water di- retary may acquire land described in para- west, New Mexico Principal Meridian. version, storage, and carriage structures; graph (2)(E) only from a willing seller.’’. (2) Any land within the boundaries of the and (b) ADVISORY COMMISSION.—Section 5 of Wilderness. (ii) does not include wildlife guzzlers. Public Law 92–589 (16 U.S.C. 460bb–4) is (e) MANAGEMENT OF LANDS TO BE ADDED.— (B) RESTRICTION ON NEW WATER RESOURCE amended— The lands generally depicted on the map as FACILITIES.—Except as otherwise provided in

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.056 S07PT1 S11908 CONGRESSIONAL RECORD — SENATE December 7, 2004

this Act, on and after the date of the enact- (A) IN GENERAL.—The land conveyed under (2) AVAILABILITY OF MAP.—The map shall ment of this Act, neither the President nor subsection (a) shall be maintained as open be on file and available for public inspection any other officer, employee, or agent of the space, and the natural characteristics of the in the appropriate offices of the National United States shall fund, assist, authorize, land shall be preserved in perpetuity. Park Service. or issue a license or permit for the develop- (B) PROHIBITED USES.—The use of motor- (3) REVISION.—The boundary of the Park ment of any new water resource facility ized vehicles (except on existing roads or as shall be adjusted to reflect the acquisition of within the wilderness area designated by this is necessary for the maintenance and repair land under subsection (a)(1). title. of facilities used in connection with grazing SEC. 404. ADMINISTRATION. (j) WITHDRAWAL.—Subject to valid existing operations), mineral extraction, housing, (a) IN GENERAL.—The Secretary shall ad- rights, the Wilderness, the lands to be added gaming, and other commercial enterprises minister any land acquired under section under subsection (e), and lands identified on shall be prohibited within the boundaries of 403(a)(1) as part of the Park in accordance the map as the ‘‘BLM Lands Authorized to be the land conveyed under subsection (a). with laws (including regulations) applicable Acquired by the Pueblo of Zia’’ are with- (e) RIGHTS OF WAY.— to the Park. drawn from— (1) EXISTING RIGHTS OF WAY.—Nothing in (b) TRANSFER OF ADMINISTRATIVE JURISDIC- (1) all forms of entry, appropriation, and this section shall affect— TION.— disposal under the public land laws; (A) any validly issued right-of-way, or the (1) IN GENERAL.—The Secretary shall trans- (2) location, entry, and patent under the renewal thereof; or fer from the Director of the Bureau of Land mining laws; and (B) the access for customary construction, Management to the Director of the National (3) operation of the mineral leasing, min- operation, maintenance, repair, and replace- Park Service administrative jurisdiction eral materials, and geothermal leasing laws. ment activities in any right-of-way issued, over the land described in paragraph (2). (k) EXCHANGE.—Not later than 3 years granted, or permitted by the Secretary. (2) MAP AND ACREAGE.—The land referred after the date of the enactment of this Act, (2) NEW RIGHTS OF WAY AND RENEWALS.— to in paragraph (1) consists of the approxi- the Secretary shall seek to complete an ex- (A) IN GENERAL.—The Pueblo shall grant mately 80 acres of land identified on the map change for State land within the boundaries any reasonable requests for rights-of-way for as ‘‘Bureau of Land Management land’’. of the Wilderness. utilities and pipelines over land acquired SEC. 405. GRAZING. under subsection (a) that is designated as the (a) GRAZING PERMITTED.—Subject to any SEC. 304. LAND HELD IN TRUST. Rights-of-Way corridor #1 as established in permits or leases in existence as of the date (a) IN GENERAL.—Subject to valid existing the Rio Puerco Resource Management Plan of acquisition, the Secretary may permit the rights and the conditions under subsection in effect on the date of the grant. continuation of livestock grazing on land ac- (d), all right, title, and interest of the United (B) ADMINISTRATION.—Any right-of-way quired under section 403(a)(1). States in and to the lands (including im- issued or renewed after the date of the enact- (b) LIMITATION.—Grazing under subsection provements, appurtenances, and mineral ment of this Act over land authorized to be (a) shall be at not more than the level exist- rights to the lands) generally depicted on the conveyed by this section shall be adminis- ing on the date on which the land is acquired map as ‘‘BLM Lands Authorized to be Ac- tered in accordance with the rules, regula- under section 403(a)(1). quired by the Pueblo of Zia’’ shall, on receipt tions, and fee payment schedules of the De- (c) PURCHASE OF PERMIT OR LEASE.—The of consideration under subsection (c) and partment of the Interior, including the Rio Secretary may purchase the outstanding adoption and approval of regulations under Puerco Resources Management Plan in effect portion of a grazing permit or lease on any subsection (d), be declared by the Secretary on the date of issuance or renewal of the land acquired under section 403(a)(1). to be held in trust by the United States for right-of-way. (d) TERMINATION OF LEASES OR PERMITS.— the Pueblo and shall be part of the Pueblo’s (f) JUDICIAL RELIEF.— The Secretary may accept the voluntary ter- Reservation. (1) IN GENERAL.—To enforce subsection (d), mination of a permit or lease for grazing on (b) DESCRIPTION OF LANDS.—The boundary any person may bring a civil action in the any acquired land. of the lands authorized by this section for United States District Court for the District TITLE V—BLUNT RESERVOIR AND PIERRE acquisition by the Pueblo where generally of New Mexico seeking declaratory or in- CANAL LAND CONVEYANCE depicted on the map as immediately adja- junctive relief. SEC. 501. SHORT TITLE. cent to CR906, CR923, and Cucho Arroyo (2) SOVEREIGN IMMUNITY.—The Pueblo shall This title may be cited as the ‘‘Blunt Res- Road shall be 100 feet from the center line of not assert sovereign immunity as a defense ervoir and Pierre Canal Land Conveyance the road. or bar to a civil action brought under para- Act of 2004’’. (c) CONSIDERATION.— graph (1). SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL. (1) IN GENERAL.—In consideration for the (3) EFFECT.—Nothing in this section— (a) DEFINITIONS.—In this section: conveyance authorized under subsection (a), (A) authorizes a civil action against the (1) BLUNT RESERVOIR FEATURE.—The term the Pueblo shall pay to the Secretary the Pueblo for money damages, costs, or attor- ‘‘Blunt Reservoir feature’’ means the Blunt amount that is equal to the fair market neys fees; or Reservoir feature of the Oahe Unit, James value of the land conveyed, as subject to the (B) except as provided in paragraph (2), ab- Division, authorized by the Act of August 3, terms and conditions in subsection (d), as de- rogates the sovereign immunity of the Pueb- 1968 (82 Stat. 624), as part of the Pick-Sloan termined by an independent appraisal. lo. Missouri River Basin program. (2) APPRAISAL.—To determine the fair mar- TITLE IV—WIND CAVE NATIONAL PARK (2) COMMISSION.—The term ‘‘Commission’’ ket value, the Secretary shall conduct an ap- BOUNDARY REVISION means the Commission of Schools and Public praisal paid for by the Pueblo that is per- SEC. 401. SHORT TITLE. Lands of the State. formed in accordance with the Uniform Ap- This title may be cited as the ‘‘Wind Cave (3) NONPREFERENTIAL LEASE PARCEL.—The praisal Standards for Federal Land Acquisi- National Park Boundary Revision Act of term ‘‘nonpreferential lease parcel’’ means a tions and the Uniform Standards of Profes- 2004’’. parcel of land that— sional Appraisal Practice. SEC. 402. DEFINITIONS. (A) was purchased by the Secretary for use (3) AVAILABILITY.—Any amounts paid under In this title: in connection with the Blunt Reservoir fea- paragraph (1) shall be available to the Sec- (1) MAP.—The term ‘‘map’’ means the map ture or the Pierre Canal feature; and retary, without further appropriation and entitled ‘‘Wind Cave National Park Bound- (B) was considered to be a nonpreferential until expended, for the acquisition from will- ary Revision’’, numbered 108/80,030, and dated lease parcel by the Secretary as of January ing sellers of land or interests in land in the June 2002. 1, 2001, and is reflected as such on the roster State. (2) PARK.—The term ‘‘Park’’ means the of leases of the Bureau of Reclamation for (d) PUBLIC ACCESS.— Wind Cave National Park in the State. 2001. (1) IN GENERAL.—Subject to paragraph (2), (3) SECRETARY.—The term ‘‘Secretary’’ (4) PIERRE CANAL FEATURE.—The term the declaration of trust and conveyance means the Secretary of the Interior. ‘‘Pierre Canal feature’’ means the Pierre under subsection (a) shall be subject to the (4) STATE.—The term ‘‘State’’ means the Canal feature of the Oahe Unit, James Divi- continuing right of the public to access the State of South Dakota. sion, authorized by the Act of August 3, 1968 land for recreational, scenic, scientific, edu- SEC. 403. LAND ACQUISITION. (82 Stat. 624), as part of the Pick-Sloan Mis- cational, paleontological, and conservation (a) AUTHORITY.— souri River Basin program. uses, subject to any regulations for land (1) IN GENERAL.—The Secretary may ac- (5) PREFERENTIAL LEASEHOLDER.—The term management and the preservation, protec- quire the land or interest in land described ‘‘preferential leaseholder’’ means a person or tion, and enjoyment of the natural charac- in subsection (b)(1) for addition to the Park. descendant of a person that held a lease on a teristics of the land that are adopted by the (2) MEANS.—An acquisition of land under preferential lease parcel as of January 1, Pueblo and approved by the Secretary; Pro- paragraph (1) may be made by donation, pur- 2001, and is reflected as such on the roster of vided that the Secretary shall ensure that chase from a willing seller with donated or leases of the Bureau of Reclamation for 2001. the rights provided for in this paragraph are appropriated funds, or exchange. (6) PREFERENTIAL LEASE PARCEL.—The term protected and that a process for resolving (b) BOUNDARY.— ‘‘preferential lease parcel’’ means a parcel of any complaints by an aggrieved party is es- (1) MAP AND ACREAGE.—The land referred land that— tablished. to in subsection (a)(1) shall consist of ap- (A) was purchased by the Secretary for use (2) CONDITIONS.—Except as provided in sub- proximately 5,675 acres, as generally de- in connection with the Blunt Reservoir fea- section (f)— picted on the map. ture or the Pierre Canal feature; and

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(B) was considered to be a preferential paragraph (4) to be paid on the date of pur- (B) PRIORITY.—The right to exchange non- lease parcel by the Secretary as of January chase and the remainder to be paid over not preferential lease parcels or unleased parcels 1, 2001, and is reflected as such on the roster more than 30 years at 3 percent annual inter- shall be granted in the following order or pri- of leases of the Bureau of Reclamation for est. ority: 2001. (B) VALUE UNDER $10,000.—If the value of the (i) Exchanges with current lessees for non- (7) SECRETARY.—The term ‘‘Secretary’’ parcel is under $10,000, the purchase shall be preferential lease parcels. means the Secretary of the Interior, acting made on a cash basis in accordance with sub- (ii) Exchanges with adjoining and adjacent through the Commissioner of Reclamation. paragraph (A)(i). landowners for unleased parcels and nonpref- (8) STATE.—The term ‘‘State’’ means the (3) OPTION EXERCISE PERIOD.— erential lease parcels not exchanged by cur- State of South Dakota, including a successor (A) IN GENERAL.—A preferential lease- rent lessees. in interest of the State. holder shall have until the date that is 5 (C) EASEMENT FOR WATER CONVEYANCE (9) UNLEASED PARCEL.—The term ‘‘unleased years after enactment of this Act to exercise STRUCTURE.—As a condition of the exchange parcel’’ means a parcel of land that— the option under paragraph (1). of land of the Pierre Canal Feature under (A) was purchased by the Secretary for use (B) CONTINUATION OF LEASES.—Until the this paragraph, the United States reserves a in connection with the Blunt Reservoir fea- date specified in subparagraph (A), a pref- perpetual easement to the land to allow for ture or the Pierre Canal feature; and erential leaseholder shall be entitled to con- the right to design, construct, operate, main- (B) is not under lease as of the date of en- tinue to lease from the Secretary the parcel tain, repair, and replace a pipeline or other actment of this Act. leased by the preferential leaseholder under water conveyance structure over, under, (b) DEAUTHORIZATION.—The Blunt Res- the same terms and conditions as under the across, or through the Pierre Canal feature. ervoir feature is deauthorized. lease, as in effect as of the date of enactment (f) RELEASE FROM LIABILITY.— (c) ACCEPTANCE OF LAND AND OBLIGA- of this Act. (1) IN GENERAL.—Effective on the date of TIONS.— (4) VALUATION.— conveyance of any parcel under this title, (1) IN GENERAL.—As a condition of each (A) IN GENERAL.—The value of a pref- the United States shall not be held liable by conveyance under subsections (d)(5) and (e), erential lease parcel shall be its fair market any court for damages of any kind arising respectively, the State shall agree to ac- value for agricultural purposes determined out of any act, omission, or occurrence relat- cept— by an independent appraisal, exclusive of the ing to the parcel, except for damages for acts (A) in ‘‘as is’’ condition, the portions of the value of private improvements made by the of negligence committed by the United Blunt Reservoir Feature and the Pierre leaseholders while the land was federally States or by an employee, agent, or con- Canal Feature that pass into State owner- owned before the date of the enactment of tractor of the United States, before the date ship; this Act, in conformance with the Uniform of conveyance. (B) any liability accruing after the date of Appraisal Standards for Federal Land Acqui- (2) NO ADDITIONAL LIABILITY.—Nothing in conveyance as a result of the ownership, op- sition. eration, or maintenance of the features re- this section adds to any liability that the (B) FAIR MARKET VALUE.—Any dispute over United States may have under chapter 171 of ferred to in subparagraph (A), including li- the fair market value of a property under ability associated with certain outstanding title 28, United States Code (commonly subparagraph (A) shall be resolved in accord- known as the ‘‘Federal Tort Claims Act’’). obligations associated with expired ease- ance with section 2201.4 of title 43, Code of (g) REQUIREMENTS CONCERNING CONVEYANCE ments, or any other right granted in, on, Federal Regulations. OF LEASE PARCELS.— over, or across either feature; and (5) CONVEYANCE TO THE STATE.— (C) the responsibility that the Commission (1) INTERIM REQUIREMENTS.—During the pe- (A) IN GENERAL.—If a preferential lease- riod beginning on the date of enactment of will act as the agent for the Secretary in ad- holder fails to purchase a parcel within the this Act and ending on the date of convey- ministering the purchase option extended to period specified in paragraph (3)(A), the Sec- ance of the parcel, the Secretary shall con- preferential leaseholders under subsection retary shall convey the parcel to the State of tinue to lease each preferential lease parcel (d). South Dakota Department of Game, Fish, or nonpreferential lease parcel to be con- (2) RESPONSIBILITIES OF THE STATE.—An and Parks. veyed under this section under the terms and outstanding obligation described in para- (B) WILDLIFE HABITAT MITIGATION.—Land conditions applicable to the parcel on the graph (1)(B) shall inure to the benefit of, and conveyed under subparagraph (A) shall be date of enactment of this Act. be binding upon, the State. used by the South Dakota Department of (2) PROVISION OF PARCEL DESCRIPTIONS.— (3) OIL, GAS, MINERAL AND OTHER OUT- Game, Fish, and Parks for the purpose of Not later than 180 days after the date of en- STANDING RIGHTS.—A conveyance to the mitigating the wildlife habitat that was lost actment of this Act, the Secretary shall pro- State under subsection (d)(5) or (e) or a sale as a result of the development of the Pick- to a preferential leaseholder under sub- Sloan project. vide the State a full legal description of all preferential lease parcels and nonpref- section (d) shall be made subject to— (6) USE OF PROCEEDS.—Proceeds of sales of (A) oil, gas, and other mineral rights re- land under this title shall be deposited as erential lease parcels that may be conveyed served of record, as of the date of enactment miscellaneous funds in the Treasury and under this section. (h) AUTHORIZATION OF APPROPRIATIONS.— of this Act, by or in favor of a third party; such funds shall be made available, subject There is authorized to be appropriated to and to appropriations, to the State for the estab- carry out this title $750,000 to reimburse the (B) any permit, license, lease, right-of-use, lishment of a trust fund to pay the county Secretary for expenses incurred in imple- or right-of-way of record in, on, over, or taxes on the lands received by the State De- menting this title, and such sums as are nec- across a feature referred to in paragraph partment of Game, Fish, and Parks under essary to reimburse the Commission for ex- (1)(A) that is outstanding as to a third party the bill. penses incurred implementing this title, not as of the date of enactment of this Act. (e) CONVEYANCE OF NONPREFERENTIAL to exceed 10 percent of the cost of each (4) ADDITIONAL CONDITIONS OF CONVEYANCE LEASE PARCELS AND UNLEASED PARCELS.— transaction conducted under this title. TO STATE.—A conveyance to the State under (1) CONVEYANCE BY SECRETARY TO STATE.— subsection (d)(5) or (e) shall be subject to the (A) IN GENERAL.—Not later than 1 year TITLE VI—HOLLOMAN AIR FORCE BASE reservations by the United States and the after the date of enactment of this Act, the LAND EXCHANGE conditions specified in section 1 of the Act of Secretary shall convey to the South Dakota SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC May 19, 1948 (chapter 310; 62 Stat. 240), as Department of Game, Fish, and Parks the LAND IN VICINITY OF HOLLOMAN amended (16 U.S.C. 667b), for the transfer of nonpreferential lease parcels and unleased AIR FORCE BASE, NEW MEXICO. property to State agencies for wildlife con- parcels of the Blunt Reservoir and Pierre (a) CONVEYANCE OF PUBLIC LAND.—In ex- servation purposes. Canal. change for the land described in subsection (d) PURCHASE OPTION.— (B) WILDLIFE HABITAT MITIGATION.—Land (b), the Secretary of the Interior shall con- (1) IN GENERAL.—A preferential leaseholder conveyed under subparagraph (A) shall be vey to Randal, Jeffrey, and Timothy Rabon shall have an option to purchase from the used by the South Dakota Department of of Otero County, New Mexico (in this section Commission, acting as an agent for the Sec- Game, Fish, and Parks for the purpose of referred to as the ‘‘Rabons’’), all right, title, retary, the preferential lease parcel that is mitigating the wildlife habitat that was lost and interest of the United States in and to the subject of the lease. as a result of the development of the Pick- certain public land administered by the Sec- (2) TERMS.— Sloan project. retary through the Bureau of Land Manage- (A) IN GENERAL.—Except as provided in (2) LAND EXCHANGES FOR NONPREFERENTIAL ment consisting of a total of approximately subparagraph (B), a preferential leaseholder LEASE PARCELS AND UNLEASED PARCELS.— 320 acres, as depicted on the map entitled may elect to purchase a parcel on one of the (A) IN GENERAL.—With the concurrence of ‘‘Alamogordo Rabon Land Exchange’’ and following terms: the South Dakota Department of Game, dated September 24, 2004, and more specifi- (i) Cash purchase for the amount that is Fish, and Parks, the South Dakota Commis- cally described as follows: equal to— sion of Schools and Public Lands may allow (1) SE1/4 of section 6, township 17 south, (I) the value of the parcel determined a person to exchange land that the person range 10 east, New Mexico principal merid- under paragraph (4); minus owns elsewhere in the State for a nonpref- ian. (II) ten percent of that value. erential lease parcel or unleased parcel at (2) N1/2N1/2 of section 7, township 17 south, (ii) Installment purchase, with 10 percent Blunt Reservoir or Pierre Canal, as the case range 10 east, New Mexico principal merid- of the value of the parcel determined under may be. ian.

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(b) CONSIDERATION.—As consideration for under section 703(b) of the Covenant and sub- other appropriate entities in the United the conveyance of the real property under mission of a plan for the expenditure of all States and Mexico, shall carry out the subsection (a), the Rabons shall convey to funds for essential infrastructure for edu- United States-Mexico transboundary aquifer the United States all right, title, and inter- cation and water. assessment program to characterize, map, est held by the Rabons in and to three par- TITLE VIII—UNITED STATES-MEXICO and model transboundary groundwater re- cels of land depicted on the map referred to TRANSBOUNDARY AQUIFER ASSESSMENT sources along the United States-Mexico bor- in subsection (a), which consists of approxi- der at a level of detail determined to be ap- SEC. 801. SHORT TITLE. mately 241 acres, is contiguous to Holloman propriate for the particular aquifer. Air Force Base, New Mexico, and is located This title may be cited as the ‘‘United (b) OBJECTIVES.—The objectives of the pro- within the required safety zone surrounding States-Mexico Transboundary Aquifer As- gram are to— munitions storage bunkers at the installa- sessment Act’’. (1) develop and implement an integrated tion. The Secretary shall assume jurisdiction SEC. 802. PURPOSE. scientific approach to assess transboundary over the land acquired under this subsection. The purpose of this title is to direct the groundwater resources, including— The three parcels are more specifically de- Secretary of the Interior to establish a (A)(i) identifying fresh and saline scribed as follows: United States-Mexico transboundary aquifer transboundary aquifers; and (1) Lot 4 in the S1/2 of section 30, township assessment program to— (ii) prioritizing the transboundary aquifers 16 south, range 9 east, New Mexico principal (1) systematically assess priority for further analysis by assessing— meridian, consisting of approximately 17.6 transboundary aquifers; and (I) the proximity of the transboundary aq- acres. (2) provide the scientific foundation nec- uifer to areas of high population density; (2) E1/2SW1/4 of section 31, township 16 essary for State and local officials to address (II) the extent to which the transboundary south, range 9 east, New Mexico principal pressing water resource challenges in the aquifer is used; meridian, consisting of approximately 80 United States-Mexico border region. (III) the susceptibility of the acres. SEC. 803. DEFINITIONS. transboundary aquifer to contamination; and (3) Lots 1, 2, 3, and 4 of section 31, township In this title: (IV) any other relevant criteria; 16 south, range 9 east, New Mexico principal (1) AQUIFER.—The term ‘‘aquifer’’ means a (B) evaluating all available data and publi- meridian, consisting of approximately 143 subsurface water-bearing geologic formation cations as part of the development of study acres. from which significant quantities of water plans for each priority transboundary aqui- (c) INTERESTS INCLUDED IN EXCHANGE.— may be extracted. fer; Subject to valid existing rights, the land ex- (2) BORDER STATE.—The term ‘‘Border (C) creating a new, or enhancing an exist- change under this section shall include con- State’’ means each of the States of Arizona, ing, geographic information system database veyance of all surface, subsurface, mineral, California, New Mexico, and Texas. to characterize the spatial and temporal as- and water rights in the lands. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ pects of each priority transboundary aquifer; (d) COMPLIANCE WITH EXISTING LAW.—(1) means an Indian tribe, band, nation, or other and The Secretary shall carry out the land ex- organized group or community— (D) using field studies, including support change under this section in the manner pro- (A) that is recognized as eligible for the for and expansion of ongoing monitoring and vided in section 206 of the Federal Land Pol- special programs and services provided by metering efforts, to develop— icy Management Act of 1976 (43 U.S.C. 1716). the United States to Indians because of their (i) the additional data necessary to ade- Notwithstanding subsection (b) of such sec- status as Indians; and quately define aquifer characteristics; and tion, if necessary, a cash equalization pay- (B) the reservation of which includes a (ii) scientifically sound groundwater flow ment may be made in excess of 25 percent of transboundary aquifer within the exterior models to assist with State and local water the appraised value the public land to be boundaries of the reservation. management and administration, including conveyed under subsection (a). (4) PRIORITY TRANSBOUNDARY AQUIFER.— modeling of relevant groundwater and sur- (2) The cost of the appraisals performed as The term ‘‘priority transboundary aquifer’’ face water interactions; part of the land exchange shall be borne by means a transboundary aquifer that has been (2) expand existing agreements, as appro- the Secretary. designated for study and analysis under the priate, between the United States Geological (e) ADDITIONAL TERMS AND CONDITIONS.— program. Survey, the Border States, the water re- The Secretary may require such additional (5) PROGRAM.—The term ‘‘program’’ means sources research institutes, and appropriate terms and conditions in connection with the the United States-Mexico transboundary aq- authorities in the United States and Mexico, land exchange under this section as the Sec- uifer assessment program established under to— retary considers appropriate to protect the section 804(a). (A) conduct joint scientific investigations; interests of the United States. (6) RESERVATION.—The term ‘‘reservation’’ (B) archive and share relevant data; and TITLE VII—COMMONWEALTH OF THE means land that has been set aside or that (C) carry out any other activities con- NORTHERN MARIANA ISLANDS has been acknowledged as having been set sistent with the program; and aside by the United States for the use of an (3) produce scientific products for each pri- SEC. 701. COMMONWEALTH OF THE NORTHERN ority transboundary aquifer that— MARIANA ISLANDS. Indian tribe, the exterior boundaries of (A) are capable of being broadly distrib- (a) IN GENERAL.—Section 19(b) of Public which are more particularly defined in a final tribal treaty, agreement, executive uted; and Law 99-396 (48 U.S.C. 1469a–1) is amended by (B) provide the scientific information need- adding at the end the following: ‘‘Amounts order, Federal statute, secretarial order, or judicial determination. ed by water managers and natural resource to be covered over pursuant to section 703(b) agencies on both sides of the United States- of the Covenant to establish the Common- (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting Mexico border to effectively accomplish the wealth of the Northern Mariana Islands shall missions of the managers and agencies. include the proceeds of all taxes, fees, and through the Director of the United States Geological Survey. (c) DESIGNATION OF PRIORITY other collections, including on estates and TRANSBOUNDARY AQUIFERS.— (8) TRANSBOUNDARY AQUIFER.—The term gifts, derived from the Commonwealth or ac- (1) IN GENERAL.—For purposes of the pro- ‘‘transboundary aquifer’’ means an aquifer tivities therein or its inhabitants and resi- gram, the Secretary shall designate as pri- that underlies the boundary between the dents, with the sole exception of taxes im- ority transboundary aquifers— United States and Mexico. posed under chapters 2 and 21 of the Internal (A) the Hueco Bolson and Mesilla aquifers (9) TRI-REGIONAL PLANNING GROUP.—The Revenue Code of 1986, as specifically ex- underlying parts of Texas, New Mexico, and term ‘‘Tri-Regional Planning Group’’ means cluded under 703(b) of the Covenant, together Mexico; and the binational planning group comprised of— with interest on any amounts not covered (B) the Santa Cruz River Valley aquifers (A) the Junta Municipal de Agua y over within 1 year of the date of receipt.’’. underlying Arizona and Sonora, Mexico. Saneamiento de Ciudad Juarez; (b) SETTLEMENT.—The Secretary of the In- (2) ADDITIONAL AQUIFERS.—The Secretary (B) the El Paso Water Utilities Public terior shall review the analysis and method- shall, using the criteria under subsection Service Board; and ology submitted by the Commonwealth of (b)(1)(A)(ii), evaluate and designate addi- (C) the Lower Rio Grande Water Users Or- the Northern Mariana Islands for amounts tional priority transboundary aquifers. ganization. due under section 703(b) of the Covenant to (d) COOPERATION WITH MEXICO.—To ensure ATER RESOURCES RESEARCH INSTI- Establish a Commonwealth of the Northern (10) W a comprehensive assessment of Mariana Islands in Political Union with the TUTES.—The term ‘‘water resources research transboundary aquifers, the Secretary shall, United States of America (90 Stat. 263) and institutes’’ means the institutes within the to the maximum extent practicable, work shall negotiate with the Governor of the Border States established under section 104 with appropriate Federal agencies and other Commonwealth to reach a settlement for all of the Water Resources Research Act of 1984 organizations to develop partnerships with, past due sums set forth in the analysis as (42 U.S.C. 10303). and receive input from, relevant organiza- well as other sums, such as excise taxes and SEC. 804. ESTABLISHMENT OF PROGRAM. tions in Mexico to carry out the program. other collections applicable in or to the (a) IN GENERAL.—The Secretary, in con- (e) GRANTS AND COOPERATIVE AGREE- Commonwealth. Any settlement shall be sultation and cooperation with the Border MENTS.—The Secretary may provide grants conditioned on the Commonwealth executing States, the water resources research insti- or enter into cooperative agreements and a full and final release of any and all claims tutes, Sandia National Laboratories, and other agreements with the water resources

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.056 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11911 research institutes and other Border State SEC. 902. VISITOR CENTER. Street are adequately protected by the City’s entities to carry out the program. (a) AUTHORIZATION.—Subject to the avail- archeological ordinances, and by the City SEC. 805. IMPLEMENTATION OF PROGRAM. ability of appropriations and the project having an archeologist on staff. (a) COORDINATION WITH STATES, TRIBES, being prioritized in the National Park Serv- (6) Although the city currently operates AND OTHER ENTITIES.—The Secretary shall ices 5-year, line-item construction program, Orange Street under a right-of-way from the coordinate the activities carried out under the Secretary of the Interior (referred to in National Park Service, from a management the program with— this section as the ‘‘Secretary’’) may design perspective it is appropriate for the City of (1) the appropriate water resource agencies and construct a Visitor Center for the St. Augustine to own Orange Street. in the Border States; Castillo de San Marcos National Monument SEC. 913. BOUNDARY ADJUSTMENT. (2) any affected Indian tribes; and (referred to in this section as the ‘‘Monu- (a) CONVEYANCE OF LAND.—The Secretary (3) any other appropriate entities that are ment’’). of the Interior shall convey, without consid- conducting monitoring and metering activ- (b) PREFERRED ALTERNATIVE.—The Visitor eration, to the City of St. Augustine, Flor- ity with respect to a priority transboundary Center authorized in subsection (a) shall be ida, all right, title, and interest of the aquifer. located and constructed in accordance with United States in and to the lands known as (b) NEW ACTIVITY.—After the date of enact- the Preferred Alternative identified in the Orange Street, a portion of the Castillo de ment of this Act, the Secretary shall not ini- Record of Decision for the General Manage- San Marcos National Monument (Monu- tiate any new field studies or analyses under ment Plan for the Monument, expected to be ment), consisting of approximately 3.1 acres, the program before consulting with, and co- signed in 2005. as shown on the map entitled Castillo de San ordinating the activity with, any Border SEC. 903. COOPERATIVE AGREEMENT. Marcos National Monument Boundary Ad- State water resource agencies that have ju- The Secretary may enter into cooperative justment and Correction, numbered 343/80060, risdiction over the aquifer. agreements with the City of St. Augustine, and dated April 2003. Upon completion of the (c) STUDY PLANS; COST ESTIMATES.— Florida, the Colonial St. Augustine Preser- conveyance, the Secretary shall revise the (1) IN GENERAL.—The Secretary shall work vation Foundation, other Federal, State, and boundary of the Monument to exclude the closely with appropriate Border State water local departments or agencies, academic in- land conveyed. resource agencies, water resources research stitutions, and non-profit entities for the (b) BOUNDARY REVISION.—Effective on the institutes, and other relevant entities to de- planning and design, construction, manage- date of the enactment of this Act, the bound- velop a study plan, timeline, and cost esti- ment, and operation of the Visitor Center. ary of the Monument is revised to include an mate for each priority transboundary aquifer SEC. 904. BOUNDARY EXPANSION. area of approximately 0.45 acres, as shown on to be studied under the program. (a) PROPERTY ACQUISITION.—If the Pre- the map identified in subsection (a). The (2) REQUIREMENTS.—A study plan developed ferred Alternative for the Visitor Center au- Secretary shall administer the lands in- under paragraph (1) shall, to the maximum thorized by section 902 is located outside the cluded in the boundary as part of the na- extent practicable— boundary of the Monument, the Secretary is tional monument in accordance with appli- (A) integrate existing data collection and authorized to acquire the site for the Visitor cable laws and regulations. analyses conducted with respect to the pri- Center, from willing sellers, by donation, ority transboundary aquifer; TITLE X—NORTHERN CALIFORNIA (B) if applicable, improve and strengthen purchase with donated or appropriated funds, COASTAL WILD HERITAGE WILDERNESS existing groundwater flow models developed or by exchange. SEC. 1001. SHORT TITLE. (b) ADMINISTRATION OF NEWLY ACQUIRED for the priority transboundary aquifer; and This title may be cited as the ‘‘Northern LAND.—Land added to the Monument pursu- (C) be consistent with appropriate State California Coastal Wild Heritage Wilderness ant to subsection (a) shall be administered guidelines and goals. Act’’. by the Secretary in accordance with applica- SEC. 1002. DEFINITION OF SECRETARY. SEC. 806. EFFECT. ble laws and regulations. Nothing in this title affects— In this title, the term ‘‘Secretary’’ (c) BOUNDARY MODIFICATION.—The bound- means— (1) the jurisdiction or responsibility of a ary of the Monument shall be modified to re- (1) with respect to land under the jurisdic- Border State with respect to managing sur- flect the acquisition of land authorized in tion of the Secretary of Agriculture, the Sec- face or groundwater resources in the Border subsection (a) after completion of the acqui- retary of Agriculture; and State; or sition. (2) the water rights of any person or entity (2) with respect to land under the jurisdic- SEC. 905. PROJECT APPROVAL. using water from a transboundary aquifer. tion of the Secretary of the Interior, the Sec- Prior to initiating any planning, design, or retary of the Interior. SEC. 807. REPORTS. construction on the Visitor Center author- Not later than 5 years after the date of en- SEC. 1003. DESIGNATION OF WILDERNESS AREAS. ized by section 902, the project must be re- actment of this Act, and on completion of In accordance with the Wilderness Act (16 viewed and approved by the National Park the program in fiscal year 2014, the Sec- U.S.C. 1131 et seq.), the following areas in the Service consistent with partnership con- retary shall submit to the appropriate water State of California are designated as wilder- struction guidelines established by that resource agency in the Border States, an in- ness areas and as components of the Na- terim and final report, respectively, that de- agency. tional Wilderness Preservation System: scribes— Subtitle B—Castillo de San Marcos National (1) SNOW MOUNTAIN WILDERNESS ADDITION.— (1) any activities carried out under the pro- Monument Boundary Modification (A) IN GENERAL.—Certain land in the gram; SEC. 911. SHORT TITLE. Mendocino National Forest, comprising ap- (2) any conclusions of the Secretary relat- This subtitle may be cited as the ‘‘Castillo proximately 23,312 acres, as generally de- ing to the status of transboundary aquifers; de San Marcos National Monument Bound- picted on the maps described in subpara- and ary Adjustment Act of 2004’’. graph (B), is incorporated in and shall con- (3) the level of participation in the pro- SEC. 912. FINDINGS. sidered to be a part of the ‘‘Snow Mountain gram of entities in Mexico. Congress finds the following: Wilderness’’, as designated by section SEC. 808. AUTHORIZATION OF APPROPRIATIONS. (1) The early defense lines for Fort Marion, 101(a)(31) of the California Wilderness Act of (a) IN GENERAL.—There are authorized to Florida, today known as the Castillo de San 1984 (16 U.S.C. 1132 note; Public Law 98–425). be appropriated to carry out this title Marcos National Monument, included de- (B) DESCRIPTION OF MAPS.—The maps re- $50,000,000 for the period of fiscal years 2005 fenses extending in a line due west to the Se- ferred to in subparagraph (A) are— through 2014. bastian River, a distance of about one half (i) the map entitled ‘‘Skeleton Glade Unit, (b) DISTRIBUTION OF FUNDS.—Of the mile. Snow Mountain Proposed Wilderness Addi- amounts made available under subsection (2) In the 1830’s, during the Seminole Wars tion, Mendocino National Forest’’ and dated (a), 50 percent shall be made available to the in Florida, these defensive lines were main- September 17, 2004; and water resources research institutes to pro- tained, but as Florida became more settled (ii) the map entitled ‘‘Bear Creek/Deafy vide funding to appropriate entities in the they fell into disrepair and/or became obso- Glade Unit, Snow Mountain Wilderness Addi- Border States (including Sandia National lete. tion, Mendocino National Forest’’ and dated Laboratories, State agencies, universities, (3) In 1908 the War Department deeded September 17, 2004. the Tri-Regional Planning Group, and other much of the property running west to the Se- (2) SANHEDRIN WILDERNESS.—Certain land relevant organizations) and Mexico to con- bastian River to the St. Johns County Board in the Mendocino National Forest, com- duct activities under the program, including of Public Instruction. The portion of this prising approximately 10,571 acres, as gen- the binational collection and exchange of property remaining in federal ownership erally depicted on the map entitled ‘‘Sanhe- scientific data. today is occupied by Orange Street, a City of drin Proposed Wilderness, Mendocino Na- TITLE IX—CASTILLO DE SAN MARCOS St. Augustine, Florida street. tional Forest’’ and dated September 17, 2004, NATIONAL MONUMENT (4) For nearly a century, the City of St. which shall be known as the ‘‘Sanhedrin Wil- Subtitle A—Castillo de San Marcos National Augustine has maintained and managed Or- derness’’. Monument Preservation Act ange Street, a modern city street, and asso- (3) YUKI WILDERNESS.—Certain land in the SEC. 901. SHORT TITLE. ciated utilities in the Orange Street cor- Mendocino National Forest and certain land This subtitle may be cited as the ‘‘Castillo ridor. administered by the Bureau of Land Manage- de San Marcos National Monument Preserva- (5) Any archeological remains that are still ment in Lake and Mendocino Counties, Cali- tion and Education Act’’. present on the property overlaid by Orange fornia, together comprising approximately

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.056 S07PT1 S11912 CONGRESSIONAL RECORD — SENATE December 7, 2004 54,087 acres, as generally depicted on the map Six Rivers National Forest’’ and dated Sep- (A) the Committee on Resources of the entitled ‘‘Yuki Proposed Wilderness’’ and tember 17, 2004; and House of Representatives; and dated October 28, 2004, which shall be known (iv) the map entitled ‘‘Red Cap Unit, Trin- (B) the Committee on Energy and Natural as the ‘‘Yuki Wilderness’’. ity Alps Proposed Wilderness Addition, Six Resources of the Senate. (4) YOLLA BOLLY-MIDDLE EEL WILDERNESS Rivers National Forest’’ and dated Sep- (2) FORCE OF LAW.—A map and legal de- ADDITION.—Certain land in the Mendocino tember 17, 2004. scription filed under paragraph (1) shall have National Forest and certain land adminis- (9) UNDERWOOD WILDERNESS.—Certain land the same force and effect as if included in tered by the Bureau of Land Management in in the Six Rivers National Forest, com- this title, except that the Secretary may Mendocino County, California, together com- prising approximately 2,977 acres, as gen- correct errors in the map and legal descrip- prising approximately 25,806 acres, as gen- erally depicted on the map entitled ‘‘Under- tion. erally depicted on the map entitled ‘‘Middle wood Proposed Wilderness, Six Rivers Na- (3) PUBLIC AVAILABILITY.—Each map and Fork Eel, Smokehouse and Big Butte Units, tional Forest’’ and dated September 17, 2004, legal description filed under paragraph (1) Yolla Bolly-Middle Eel Proposed Wilderness which shall be known as the ‘‘Underwood shall be filed and made available for public Addition’’ and dated October 28, 2004, is in- Wilderness’’. inspection in the appropriate office of the corporated in and shall considered to be a (10) CACHE CREEK WILDERNESS.—Certain Secretary. part of the Yolla Bolly-Middle Eel Wilder- land administered by the Bureau of Land (c) INCORPORATION OF ACQUIRED LAND AND ness, as designated by section 3 of the Wil- Management in Lake County, California, INTERESTS.—Any land within the boundary derness Act (16 U.S.C. 1132). comprising approximately 30,870 acres, as of a wilderness area designated by this title generally depicted on the map entitled (5) MAD RIVER BUTTES WILDERNESS.—Cer- that is acquired by the Federal Government ‘‘Cache Creek Wilderness Area’’ and dated tain land in the Six Rivers National Forest, shall— September 27, 2004, which shall be known as comprising approximately 6,494 acres, as gen- (1) become part of the wilderness area in the ‘‘Cache Creek Wilderness’’. erally depicted on the map entitled ‘‘Mad which the land is located; and (11) CEDAR ROUGHS WILDERNESS.—Certain River Buttes, Mad River Proposed Wilder- (2) be managed in accordance with this land administered by the Bureau of Land ness’’ and dated September 17, 2004, which title, the Wilderness Act (16 U.S.C. 1131 et Management in Napa County, California, shall be known as the ‘‘Mad River Buttes seq.), and any other applicable law. comprising approximately 6,350 acres, as gen- (d) WITHDRAWAL.—Subject to valid rights Wilderness’’. erally depicted on the map entitled ‘‘Cedar in existence on the date of enactment of this (6) SISKIYOU WILDERNESS ADDITION.— Roughs Wilderness Area’’ and dated Sep- Act, the Federal land designated as wilder- (A) IN GENERAL.—Certain land in the Six tember 27, 2004, which shall be known as the ness by this title is withdrawn from all Rivers National Forest, comprising approxi- ‘‘Cedar Roughs Wilderness’’. forms of— mately 48,754 acres, as generally depicted on (12) SOUTH FORK EEL RIVER WILDERNESS.— (1) entry, appropriation, or disposal under the maps described in subparagraph (B), is Certain land administered by the Bureau of the public land laws; incorporated in and shall be considered to be Land Management in Mendocino County, (2) location, entry, and patent under the a part of the Siskiyou Wilderness, as des- California, comprising approximately 12,915 mining laws; and ignated by section 101(a)(30) of the California acres, as generally depicted on the map enti- (3) disposition under all laws pertaining to Wilderness Act of 1984 (16 U.S.C. 1132 note; tled ‘‘South Fork Eel River Wilderness Area mineral and geothermal leasing or mineral Public Law 98–425). and Elkhorn Ridge Potential Wilderness’’ materials. (B) DESCRIPTION OF MAPS.—The maps re- and dated September 27, 2004, which shall be (e) FIRE, INSECT, AND DISEASE MANAGEMENT ferred to in subparagraph (A) are— known as the ‘‘South Fork Eel River Wilder- ACTIVITIES.— (i) the map entitled ‘‘Bear Basin Butte ness’’. (1) IN GENERAL.—The Secretary may take Unit, Siskiyou Proposed Wilderness Addi- (13) KING RANGE WILDERNESS.— such measures in the wilderness areas des- tions, Six Rivers National Forest’’ and dated (A) IN GENERAL.—Certain land adminis- ignated by this title as are necessary for the October 28, 2004; tered by the Bureau of Land Management in control and prevention of fire, insects, and (ii) the map entitled ‘‘Blue Creek Unit, Humboldt and Mendocino Counties, Cali- diseases, in accordance with— Siskiyou Proposed Wilderness Addition, Six fornia, comprising approximately 42,585 (A) section 4(d)(1) of the Wilderness Act (16 Rivers National Forest’’ and dated October acres, as generally depicted on the map enti- U.S.C. 1133(d)(1)); and 28, 2004; tled ‘‘King Range Wilderness’’, and dated No- (B) House Report No. 98–40 of the 98th Con- (iii) the map entitled ‘‘Blue Ridge Unit, vember 12, 2004, which shall be known as the gress. Siskiyou Proposed Wilderness Addition, Six ‘‘King Range Wilderness’’. (2) REVIEW.—Not later than 1 year after the Rivers National Forest’’ and dated Sep- (B) APPLICABLE LAW.—With respect to the date of enactment of this Act, the Secretary tember 17, 2004; wilderness designated by subparagraph (A), shall review existing policies applicable to (iv) the map entitled ‘‘Broken Rib Unit, in the case of a conflict between this title the wilderness areas designated by this title Siskiyou Proposed Wilderness Addition, Six and Public Law 91–476 (16 U.S.C. 460y et seq.), to ensure that authorized approval proce- Rivers National Forest’’ and dated Sep- the more restrictive provision shall control. dures for any fire management measures tember 17, 2004; and (14) ROCKS AND ISLANDS.— allow a timely and efficient response to fire (v) the map entitled ‘‘Wooly Bear Unit, (A) IN GENERAL.—All Federally-owned emergencies in the wilderness areas. Siskiyou Proposed Wilderness Addition, Six rocks, islets, and islands (whether named or (f) ACCESS TO PRIVATE PROPERTY.— Rivers National Forest’’ and dated Sep- unnamed and surveyed or unsurveyed) that (1) IN GENERAL.—The Secretary shall pro- tember 27, 2004. are located— vide any owner of private property within (7) MOUNT LASSIC WILDERNESS.—Certain (i) not more than 3 geographic miles off the the boundary of a wilderness area designated land in the Six Rivers National Forest, com- coast of the King Range National Conserva- by this title adequate access to such prop- prising approximately 7,279 acres, as gen- tion Area; and erty to ensure the reasonable use and enjoy- erally depicted on the map entitled ‘‘Mt. (ii) above mean high tide. ment of the property by the owner. Lassic Proposed Wilderness’’ and dated Sep- (B) APPLICABLE LAW.—In the case of a con- (2) KING RANGE WILDERNESS.— tember 17, 2004, which shall be known as the flict between this title and Proclamation No. (A) IN GENERAL.—Subject to subparagraph ‘‘Mount Lassic Wilderness’’. 7264 (65 Fed. Reg. 2821), the more restrictive (B), within the wilderness designated by sec- (8) TRINITY ALPS WILDERNESS ADDITION.— provision shall control. tion 1003(13), the access route depicted on the (A) IN GENERAL.—Certain land in the Six SEC. 1004. ADMINISTRATION OF WILDERNESS map for private landowners shall also be Rivers National Forest, comprising approxi- AREAS. available for invitees of the private land- mately 28,805 acres, as generally depicted on (a) MANAGEMENT.—Subject to valid exist- owners. the maps described in subparagraph (B) and ing rights, each area designated as wilder- (B) LIMITATION.—Nothing in subparagraph which is incorporated in and shall be consid- ness by this title shall be administered by (A) requires the Secretary to provide any ac- ered to be a part of the Trinity Alps Wilder- the Secretary in accordance with the Wilder- cess to the landowners or invitees beyond ness as designated by section 101(a)(34) of the ness Act (16 U.S.C. 1131 et seq.), except that— the access that would be available if the wil- California Wilderness Act of 1984 (16 U.S.C. (1) any reference in that Act to the effec- derness had not been designated. 1132 note; Public Law 98–425). tive date shall be considered to be a ref- (g) SNOW SENSORS AND STREAM GAUGES.—If (B) DESCRIPTION OF MAPS.—The maps re- erence to the date of enactment of this Act; the Secretary determines that hydrologic, ferred to in subparagraph (A) are— and meteorologic, or climatological instrumen- (i) the map entitled ‘‘Orleans Mountain (2) any reference in that Act to the Sec- tation is appropriate to further the sci- Unit (Boise Creek), Trinity Alps Proposed retary of Agriculture shall be considered to entific, educational, and conservation pur- Wilderness Addition, Six Rivers National be a reference to the Secretary that has ju- poses of the wilderness areas designated by Forest’’, and dated October 28, 2004; risdiction over the wilderness. this title, nothing in this title prevents the (ii) the map entitled ‘‘East Fork Unit, (b) MAP AND DESCRIPTION.— installation and maintenance of the instru- Trinity Alps Proposed Wilderness Addition, (1) IN GENERAL.—As soon as practicable mentation within the wilderness areas. Six Rivers National Forest’’ and dated Sep- after the date of enactment of this Act, the (h) MILITARY ACTIVITIES.—Nothing in this tember 17, 2004; Secretary shall file a map and a legal de- title precludes low-level overflights of mili- (iii) the map entitled ‘‘Horse Linto Unit, scription of each wilderness area designated tary aircraft, the designation of new units of Trinity Alps Proposed Wilderness Addition, by this title with— special airspace, or the use or establishment

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11913 of military flight training routes over wil- (3) the Red Mountain Wilderness Study its confluence with Middle Eel River, as a derness areas designated by this title. Area; scenic river. (i) LIVESTOCK.—Grazing of livestock and (4) the Cedar Roughs Wilderness Study ‘‘(C) The 1.5 miles of Cold Creek from the the maintenance of existing facilities related Area; and Mendocino County Line to its confluence to grazing in wilderness areas designated by (5) those portions of the Rocky Creek/ with Black Butte River, as a wild river.’’. this title, where established before the date Cache Creek Wilderness Study Area in Lake (b) PLAN; REPORT.— of enactment of this Act, shall be permitted County, California which are not in R. 5 W., (1) IN GENERAL.—Not later than 18 months to continue in accordance with— T. 12 N., sec. 22, Mount Diablo Meridian. after the date of enactment of this Act, the (1) section 4(d)(4) of the Wilderness Act (16 (c) RELEASE.—Any portion of a wilderness Secretary of Agriculture shall submit to U.S.C. 1133(d)(4)); and study area described in subsection (b) that is Congress— (2) the guidelines set forth in Appendix A not designated as wilderness by this title or (A) a fire management plan for the Black of the report of the Committee on Interior any other Act enacted before the date of en- Butte River segments designated by the and Insular Affairs of the House of Rep- actment of this Act shall not be subject to amendment under subsection (a); and resentatives accompanying H.R. 2570 of the section 603(c) of the Federal Land Policy and (B) a report on the cultural and historic re- 101st Congress (H. Rept. 101–405). Management Act of 1976 (43 U.S.C. 1782(c)). sources within those segments. (j) FISH AND WILDLIFE MANAGEMENT.— SEC. 1006. ELKHORN RIDGE POTENTIAL WILDER- (2) TRANSMITTAL TO COUNTY.—The Sec- (1) IN GENERAL.—In furtherance of the pur- NESS AREA. retary of Agriculture shall transmit to the poses of the Wilderness Act (16 U.S.C. 1131 et (a) DESIGNATION.—In furtherance of the Board of Supervisors of Mendocino County, seq.), the Secretary may carry out manage- purposes of the Wilderness Act (16 U.S.C. 1131 California, a copy of the plan and report sub- ment activities to maintain or restore fish et seq.), certain public land in the State ad- mitted under paragraph (1). and wildlife populations and fish and wildlife ministered by the Bureau of Land Manage- SEC. 1008. KING RANGE NATIONAL CONSERVA- habitats in wilderness areas designated by ment, compromising approximately 9,655 TION AREA BOUNDARY ADJUST- this title if such activities are— acres, as generally depicted on the map enti- MENT. (A) consistent with applicable wilderness tled South Fork Eel River Wilderness Area Section 9 of Public Law 91–476 (16 U.S.C. management plans; and and Elkhorn Ridge Potential Wilderness’’ 460y–8) is amended by adding at the end the (B) carried out in accordance with applica- and dated September 27, 2004, is designated following: ‘‘(d) In addition to the land described in ble guidelines and policies. as a potential wilderness area. (2) STATE JURISDICTION.—Nothing in this subsections (a) and (c), the land identified as (b) MANAGEMENT.—Except as provided in the King Range National Conservation Area title affects the jurisdiction of the State of subsection (c) and subject to valid existing Additions on the map entitled ‘King Range California with respect to fish and wildlife rights, the Secretary shall manage the po- Wilderness’ and dated November 12, 2004, is on the public land located in the State. tential wilderness area as wilderness until (k) USE BY MEMBERS OF INDIAN TRIBES.— included in the Area.’’. the potential wilderness area is designated (1) ACCESS.—In recognition of the past use as wilderness. TITLE XI—TRIBAL PARITY ACT of wilderness areas designated by this title (c) ECOLOGICAL RESTORATION.— SEC. 1101. SHORT TITLE. by members of Indian tribes for traditional (1) IN GENERAL.—For purposes of ecological This title may be cited as the ‘‘Tribal Par- cultural and religious purposes, the Sec- restoration (including the elimination of ity Act’’. retary shall ensure that Indian tribes have non-native species, removal of illegal, un- SEC. 1102. FINDINGS. access to the wilderness areas for traditional used, or decommissioned roads, repair of Congress finds that— cultural and religious purposes. skid tracks, and any other activities nec- (1) the Pick-Sloan Missouri River Basin (2) TEMPORARY CLOSURES.— essary to restore the natural ecosystems in Program (authorized by section 9 of the Act (A) IN GENERAL.—In carrying out this sec- the potential wilderness area), the Secretary of December 22, 1944 (commonly known as tion, the Secretary, on request of an Indian may used motorized equipment and mecha- the ‘‘Flood Control Act of 1944’’) (58 Stat. tribe, may temporarily close to the general nized transport in the potential wilderness 891)), was approved to promote the general public 1 or more specific portions of a wilder- area until the potential wilderness area is economic development of the United States; ness area to protect the privacy of the mem- designated as wilderness. (2) the Fort Randall and Big Bend dam and bers of the Indian tribe in the conduct of the (2) LIMITATION.—To the maximum extent reservoir projects in South Dakota— traditional cultural and religious activities practicable, the Secretary shall use the min- (A) are major components of the Pick- in the wilderness area. imum tool or administrative practice nec- Sloan Missouri River Basin Program; and (B) REQUIREMENT.—Any closure under sub- essary to accomplish ecological restoration (B) contribute to the national economy; paragraph (A) shall be made in such a man- with the least amount of adverse impact on (3) the Fort Randall and Big Bend projects ner as to affect the smallest practicable area wilderness character and resources. inundated the fertile bottom land of the for the minimum period of time necessary (d) WILDERNESS DESIGNATION.— Lower Brule and Crow Creek Sioux Tribes, for the activity to be carried out. (1) IN GENERAL.—The potential wilderness which greatly damaged the economy and cul- (3) APPLICABLE LAW.—Access to the wilder- area shall be designated as wilderness and as tural resources of the Tribes; ness areas under this subsection shall be in a component of the National Wilderness (4) Congress has provided compensation to accordance with— Preservation System on the earlier of— several Indian tribes, including the Lower (A) Public Law 95–341 (commonly known as (A) the date on which the Secretary pub- Brule and Crow Creek Sioux Tribes, that bor- the ‘‘American Indian Religious Freedom lishes in the Federal Register notice that the der the Missouri River and suffered injury as Act’’) (42 U.S.C. 1996 et seq.); and conditions in the potential wilderness area a result of 1 or more Pick-Sloan Projects; (B) the Wilderness Act (16 U.S.C. 1131 et that are incompatible with the Wilderness (5) the compensation provided to those In- seq.). Act (16 U.S.C. 1131 et seq.) have been re- dian tribes has not been consistent; (l) ADJACENT MANAGEMENT.— moved; or (6) Missouri River Indian tribes that suf- (1) IN GENERAL.—Nothing in this title cre- ates protective perimeters or buffer zones (B) the date that is 5 years after the date fered injury as a result of 1 or more Pick- around any wilderness area designated by of enactment of this Act. Sloan Projects should be adequately com- this title. (2) ADMINISTRATION.—On designation as pensated for those injuries, and that com- wilderness under paragraph (1), the potential pensation should be consistent among the (2) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be wilderness area shall be— Tribes; and seen or heard from areas within a wilderness (A) known as the ‘‘Elkhorn Ridge Wilder- (7) the Lower Brule Sioux Tribe and the area designated by this title shall not pre- ness’’; and Crow Creek Sioux Tribe, based on method- clude the conduct of those activities or uses (B) administered in accordance with this ology determined appropriate by the General outside the boundary of the wilderness area. title and the Wilderness Act (16 U.S.C. 1131 et Accounting Office, are entitled to receive ad- seq.). ditional compensation for injuries described SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS. SEC. 1007. WILD AND SCENIC RIVER DESIGNA- in paragraph (6), so as to provide parity (a) FINDING.—Congress finds that, for the TION. among compensation received by all Mis- purposes of section 603 of the Federal Land (a) DESIGNATION OF BLACK BUTTE RIVER, souri River Indian tribes. Policy and Management Act of 1976 (43 CALIFORNIA.—Section 3(a) of the Wild and SEC. 1103. LOWER BRULE SIOUX TRIBE. U.S.C. 1782), any portion of a wilderness Scenic Rivers Act (16 U.S.C. 1274(a)) is Section 4(b) of the Lower Brule Sioux study area described in subsection (b) that is amended by adding at the end the following: Tribe Infrastructure Development Trust not designated as wilderness by this title or ‘‘(ll) BLACK BUTTE RIVER, CALIFORNIA.— Fund Act (Public Law 105–132; 111 Stat. 2565) any previous Act has been adequately stud- The following segments of the Black Butte is amended by striking ‘‘$39,300,000’’ and in- ied for wilderness. River in the State of California, to be admin- serting ‘‘$186,822,140’’. (b) DESCRIPTION OF STUDY AREAS.—The istered by the Secretary of Agriculture: SEC. 1104. CROW CREEK SIOUX TRIBE. study areas referred to in subsection (a) ‘‘(A) The 16 miles of Black Butte River, Section 4(b) of the Crow Creek Sioux Tribe are— from the Mendocino County Line to its con- Infrastructure Development Trust Fund Act (1) the King Range Wilderness Study Area; fluence with Jumpoff Creek, as a wild river. of 1996 (Public Law 104–223; 110 Stat. 3027) is (2) the Chemise Mountain Instant Study ‘‘(B) The 3.5 miles of Black Butte River amended by striking ‘‘$27,500,000’’ and insert- Area; from its confluence with Jumpoff Creek to ing ‘‘$105,917,853’’.

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 S11914 CONGRESSIONAL RECORD — SENATE December 7, 2004 TITLE XII—REDWOOD NATIONAL PARK (16 U.S.C. 698v–4(g)) is amended by striking management program developed pursuant to BOUNDARY ADJUSTMENT ‘‘The Trust may solicit’’ and inserting ‘‘The subsection (d). SEC. 1201. SHORT TITLE. members of the Board of Trustees, the execu- ‘‘(iii) COOPERATIVE AGREEMENT.—To the ex- This title may be cited as the ‘‘Redwood tive director, and 1 additional employee of tent generally authorized at other units of National Park Boundary Adjustment Act of the Trust in an executive position designated the National Forest System, the Secretary 2004’’. by the Board of Trustees or the executive di- shall provide the services to be carried out rector may solicit’’. pursuant to the plan under a cooperative SEC. 1202. REDWOOD NATIONAL PARK BOUND- (d) USE OF PROCEEDS.—Section 106(h)(1) of agreement entered into between the Sec- ARY ADJUSTMENT. the Valles Caldera Preservation Act (16 retary and the Trust. Section 2(a) of the Act of Public Law 90–545 U.S.C. 698v–4(h)(1)) is amended by striking ‘‘(B) REIMBURSABLE SERVICES.—To the ex- (16 U.S.C. 79b(a)) is amended— ‘‘subsection (g)’’ and inserting ‘‘subsection tent generally authorized at other units of (1) in the first sentence, by striking ‘‘(a) (g), from claims, judgments, or settlements the National Forest System, the Secretary The area’’ and all that follows through the arising from activities occurring on the Baca may provide presuppression and non- period at the end and inserting the following: Ranch or the Preserve after October 27, emergency rehabilitation and restoration ‘‘(a)(1) The Redwood National Park consists 1999,’’. services for the Trust at any time on a reim- of the land generally depicted on the map en- bursable basis.’’. titled ‘Redwood National Park, Revised SEC. 1303. BOARD OF TRUSTEES. Boundary’, numbered 167/60502, and dated Section 107(e) of the Valles Caldera Preser- TITLE XIV—CENTRAL NEVADA RURAL February, 2003.’’; vation Act (U.S.C. 698v–5(e)) is amended— CEMETERIES (2) by inserting after paragraph (1) (as des- (1) in paragraph (2), by striking ‘‘Trustees’’ SEC. 1401. SHORT TITLE. ignated by paragraph (1)) the following: and inserting ‘‘Except as provided in para- This title may be cited as the ‘‘Central Ne- ‘‘(2) The map referred to in paragraph (1) graph (3), trustees’’; and vada Rural Cemeteries Act’’. (2) in paragraph (3)— shall be— SEC. 1402. CONVEYANCE TO LANDER COUNTY, ‘‘(A) on file and available for public inspec- (A) by striking ‘‘Trustees’’ and inserting NEVADA. tion in the appropriate offices of the Na- the following: (a) FINDINGS.—Congress finds that— tional Park Service; and ‘‘(A) SELECTION.—Trustees’’; and (1) the historical use by settlers and trav- ‘‘(B) provided by the Secretary of the Inte- (B) by adding at the end the following: elers since the late 1800’s of the cemetery rior to the appropriate officers of Del Norte ‘‘(B) COMPENSATION.—On request of the known as ‘‘Kingston Cemetery’’ in Kingston, and Humboldt Counties, California.’’; and chair, the chair may be compensated at a Nevada, predates incorporation of the land (3) in the second sentence— rate determined by the Board of Trustees, within the jurisdiction of the Forest Service (A) by striking ‘‘The Secretary’’ and in- but not to exceed the daily equivalent of the on which the cemetery is situated; serting the following: annual rate of pay for level IV of the Execu- (2) it is appropriate that that use be con- ‘‘(3) The Secretary’’; and tive Schedule under section 5315 of title 5, tinued through local public ownership of the (B) by striking ‘‘one hundred and six thou- United States Code, for each day (including parcel rather than through the permitting sand acres’’ and inserting ‘‘133,000 acres’’. travel time) in which the chair is engaged in process of the Federal agency; the performance of duties of the Board of (3) in accordance with Public Law 85–569 TITLE XIII—VALLES CALDERA Trustees. PRESERVATION (commonly known as the ‘‘Townsite Act’’) ‘‘(C) MAXIMUM RATE OF PAY.—The total (16 U.S.C. 478a), the Forest Service has con- SEC. 1301. SHORT TITLE. amount of compensation paid to the chair veyed to the Town of Kingston 1.25 acres of This title may be cited as the ‘‘Valles for a fiscal year under subparagraph (B) shall the land on which historic gravesites have Caldera Preservation Act of 2004’’. not exceed 25 percent of the annual rate of been identified; and SEC. 1302. AMENDMENTS TO THE VALLES pay for level IV of the Executive Schedule (4) to ensure that all areas that may have CALDERA PRESERVATION ACT. under section 5315 of title 5, United States unmarked gravesites are included, and to en- (a) ACQUISITION OF OUTSTANDING MINERAL Code.’’. sure the availability of adequate gravesite INTERESTS.—Section 104(e) of the Valles SEC. 1304. RESOURCE MANAGEMENT. space in future years, an additional parcel Caldera Preservation Act (16 U.S.C. 698v–2(e)) (a) PROPERTY DISPOSAL LIMITATIONS.—Sec- consisting of approximately 8.75 acres should is amended— tion 108(c)(3) of the Valles Caldera Preserva- be conveyed to the county so as to include (1) by striking ‘‘The acquisition’’ and in- tion Act (16 U.S.C. 698v–6(c)(3)) is amended— the total amount of the acreage included in serting the following: (1) in the first sentence, by striking ‘‘The the original permit issued by the Forest ‘‘(1) IN GENERAL.—The acquisition’’; Trust may not dispose’’ and inserting the Service for the cemetery. (2) by striking ‘‘The Secretary’’ and insert- following: (b) CONVEYANCE ON CONDITION SUBSE- ing the following: ‘‘(A) IN GENERAL.—The Trust may not dis- QUENT.—Subject to valid existing rights and ‘‘(2) ACQUISITION.—The Secretary’’; pose’’; the condition stated in subsection (e), the (3) by striking ‘‘on a willing seller basis’’; (2) in the second sentence, by striking Secretary of Agriculture, acting through the (4) by striking ‘‘Any such’’ and inserting ‘‘The Trust’’ and inserting the following: Chief of the Forest Service (referred to in the following: ‘‘(B) MAXIMUM DURATION.—The Trust’’; this section as the ‘‘Secretary’’), not later ‘‘(3) ADMINISTRATION.—Any such’’; and (3) in the last sentence, by striking ‘‘Any than 90 days after the date of enactment of (5) by adding at the end the following: such’’ and inserting the following: this Act, shall convey to Lander County, Ne- ‘‘(4) AVAILABLE FUNDS.—Any such interests ‘‘(C) TERMINATION.—The’’; and vada (referred to in this section as the shall be acquired with available funds. (4) by adding at the end the following: ‘‘county’’), for no consideration, all right, ‘‘(5) DECLARATION OF TAKING.— ‘‘(D) EXCLUSIONS.—For the purposes of this title, and interest of the United States in ‘‘(A) IN GENERAL.—If negotiations to ac- paragraph, the disposal of real property does and to the parcel of land described in sub- quire the interests are unsuccessful by the not include the sale or other disposal of for- section (c). date that is 60 days after the date of enact- age, forest products, or marketable renew- (c) DESCRIPTION OF LAND.—The parcel of ment of this paragraph, the Secretary shall able resources.’’. land referred to in subsection (b) is the par- acquire the interests pursuant to section 3114 (b) LAW ENFORCEMENT AND FIRE MANAGE- cel of National Forest System land (includ- of title 40, United States Code. MENT.—Section 108(g) of the Valles Caldera ing any improvements on the land) known as ‘‘(B) SOURCE OF FUNDS.—Any difference be- Preservation Act (16 U.S.C. 698v–6(g)) is ‘‘Kingston Cemetery’’, consisting of approxi- tween the sum of money estimated to be just amended— mately 10 acres and more particularly de- compensation by the Secretary and the (1) in the first sentence, by striking ‘‘The scribed as SW1⁄4SE1⁄4SE1⁄4 of section 36, T. amount awarded shall be paid from the per- Secretary’’ and inserting the following: 16N., R. 43E., Mount Diablo Meridian. manent judgment appropriation under sec- ‘‘(1) LAW ENFORCEMENT.— (d) EASEMENT.—At the time of the convey- tion 1304 of title 31, United States Code.’’. ‘‘(A) IN GENERAL.—The Secretary’’; ance under subsection (b), subject to sub- (b) OBLIGATIONS AND EXPENDITURES.—Sec- (2) in the second sentence, by striking section (e)(2), the Secretary shall grant the tion 106(e) of the Valles Caldera Preservation ‘‘The Trust’’ and inserting the following: county an easement allowing access for per- Act (16 U.S.C. 698v–4(e)) is amended by add- ‘‘(B) FEDERAL AGENCY.—The Trust’’; and sons desiring to visit the cemetery and other ing at the end the following: (3) by striking ‘‘At the request of the cemetery purposes over Forest Development ‘‘(4) OBLIGATIONS AND EXPENDITURES.—Sub- Trust’’ and all that follows through the end Road #20307B, notwithstanding any future ject to the laws applicable to Government of the paragraph and inserting the following: closing of the road for other use. corporations, the Trust shall determine— ‘‘(2) FIRE MANAGEMENT.— (e) CONDITION ON USE OF LAND.— ‘‘(A) the character of, and the necessity ‘‘(A) NON-REIMBURSABLE SERVICES.— (1) IN GENERAL.—The county (including its for, any obligations and expenditures of the ‘‘(i) DEVELOPMENT OF PLAN.—The Secretary successors) shall continue the use of the par- Trust; and shall, in consultation with the Trust, de- cel conveyed under subsection (b) as a ceme- ‘‘(B) the manner in which obligations and velop a plan to carry out fire preparedness, tery. expenditures shall be incurred, allowed, and suppression, and emergency rehabilitation (2) REVERSION.—If the Secretary, after no- paid.’’. services on the Preserve. tice to the county and an opportunity for a (c) SOLICITATION OF DONATIONS.—Section ‘‘(ii) CONSISTENCY WITH MANAGEMENT PRO- hearing, makes a finding that the county has 106(g) of the Valles Caldera Preservation Act GRAM.—The plan shall be consistent with the used or permitted the use of the parcel for

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11915

any purpose other than the purpose specified the University and Community College Sys- (3) INTEREST.—Interest under this sub- in paragraph (1), and the county fails to dis- tem of Nevada. section shall be compounded in the same continue that use— (2) SECRETARY.—The term ‘‘Secretary’’ manner as under subsection (b)(2)(B) of the (A) title to the parcel shall revert to the means the Secretary of the Interior. first section of the Act of April 17, 1954 (16 Secretary, to be administered by the Sec- SEC. 1503. CONVEYANCE TO THE UNIVERSITY U.S.C. 429b(b)(2)(B)), except that the ref- retary; and AND COMMUNITY COLLEGE SYSTEM erence in that provision to the date of enact- (B) the easement granted to the county OF NEVADA. ment of the Manassas National Battlefield under subsection (d) shall be revoked. (a) CONVEYANCE.— Park Amendments of 1988 shall be deemed to (3) WAIVER.—The Secretary may waive the (1) IN GENERAL.—The Secretary shall con- be a reference to the date of enactment of application of subparagraph (A) or (B) of vey to the Board of Regents, without consid- this Act. paragraph (2) if the Secretary determines eration, all right, title, and interest of the (4) SOURCE OF PAYMENT.—Payment of the that a waiver would be in the best interests United States in and to the approximately amount pursuant to this section shall be of the United States. 467 acres of land located in Washoe County, made from the permanent judgment appro- SEC. 1403. CONVEYANCE TO EUREKA COUNTY, Nevada, patented to the University of Ne- priation under section 1304 of title 31, United NEVADA. vada under the Act of June 14, 1926 (com- States Code. (a) FINDINGS.—Congress finds that— monly known as the ‘‘Recreation and Public (5) FULL FAITH AND CREDIT.—The full faith (1) the historical use by settlers and trav- Purposes Act’’) (43 U.S.C. 869 et seq.), and de- and credit of the United States is pledged to elers since the late 1800’s of the cemetery scribed in paragraph (2). the payment of any judgment entered known as ‘‘Maiden’s Grave Cemetery’’ in (2) DESCRIPTION OF LAND.—The land re- against the United States with respect to the Beowawe, Nevada, predates incorporation of ferred to in paragraph (1) is— taking of property under this section. the land within the jurisdiction of the Bu- (A) the parcel of land consisting of approxi- TITLE XVII—NORTHERN ARIZONA LAND reau of Land Management on which the cem- mately 309.11 acres and more particularly de- EXCHANGE AND VERDE RIVER BASIN etery is situated; and scribed as T. 20 N., R. 19 E., Sec. 25, lots 1, 2, PARTNERSHIP (2) it is appropriate that that use be con- 3, 4, 5, and 11, SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, Mount SEC. 1701. SHORT TITLE. tinued through local public ownership of the Diablo Meridian, Nevada; and parcel rather than through the permitting (B) the parcel of land consisting of approxi- This title may be cited as the ‘‘Northern process of the Federal agency. mately 158.22 acres and more particularly de- Arizona Land Exchange and Verde River (b) CONVEYANCE ON CONDITION SUBSE- scribed as T. 20 N., R. 19 E., Sec. 25, lots 6 and Basin Partnership Act of 2004’’. QUENT.—Subject to valid existing rights and 7, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, Mount Diablo Me- Subtitle A—Northern Arizona Land Exchange the condition stated in subsection (e), the ridian, Nevada. SEC. 1711. DEFINITIONS. Secretary of the Interior, acting through the (b) COSTS.—The Board of Regents shall pay In this subtitle: Director of the Bureau of Land Management to the United States an amount equal to the (1) CAMP.—The term ‘‘camp’’ means Camp (referred to in this section as the ‘‘Sec- costs of the Secretary associated with the Pearlstein, Friendly Pines, Patterdale Pines, retary’’), not later than 90 days after the conveyance under subsection (a)(1). Pine Summit, Sky Y, and Young Life Lost date of enactment of this Act, shall convey (c) CONDITIONS.—If the Board of Regents Canyon camps in the State of Arizona. to Eureka County, Nevada (referred to in sells any portion of the land conveyed to the (2) CITIES.—The term ‘‘cities’’ means the this section as the ‘‘county’’), for no consid- Board of Regents under subsection (a)(1)— cities of Flagstaff, Williams, and Camp eration, all right, title, and interest of the (1) the amount of consideration for the sale Verde, Arizona. United States in and to the parcel of land de- shall reflect fair market value, as deter- (3) FEDERAL LAND.—The term ‘‘Federal scribed in subsection (c). mined by an appraisal; and land’’ means the land described in section (c) DESCRIPTION OF LAND.—The parcel of (2) the Board of Regents shall pay to the 1714. land referred to in subsection (b) is the par- Secretary an amount equal to the net pro- (4) NON-FEDERAL LAND.—The term ‘‘non- cel of public land (including any improve- ceeds of the sale, for use by the Director of Federal land’’ means the land described in ments on the land) known as ‘‘Maiden’s the Bureau of Land Management in the section 1713. Grave Cemetery’’, consisting of approxi- State of Nevada, without further appropria- (5) SECRETARY.—The term ‘‘Secretary’’ mately 10 acres and more particularly de- tion. means the Secretary of Agriculture. 1 1 1 1 scribed as S ⁄2NE ⁄4SW ⁄4SW ⁄4, TITLE XVI—ACQUISITION OF CERTAIN (6) YAVAPAI RANCH.—The term ‘‘Yavapai 1 1 1 1 N ⁄2SE ⁄4SW ⁄4SW ⁄4 of section 10, T.31N., PROPERTY IN WASHINGTON COUNTY, Ranch’’ means the Yavapai Ranch Limited R.49E., Mount Diablo Meridian. UTAH Partnership, an Arizona Limited Partner- (d) EASEMENT.—At the time of the convey- ship, and the Northern Yavapai, L.L.C., an ance under subsection (b), subject to sub- SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH. Arizona Limited Liability Company. section (e)(2), the Secretary shall grant the (a) DEFINITION OF OWNER.—In this section, SEC. 1712. LAND EXCHANGE. county an easement allowing access for per- the term ‘‘owner’’ means an owner that is sons desiring to visit the cemetery and other (a) IN GENERAL.—(1) Upon the conveyance able to convey to the United States clear cemetery purposes over an appropriate ac- by Yavapai Ranch of title to the non-Federal title to property taken under this section. cess route consistent with current access. land identified in section 1713, the Secretary (b) TAKING OF PROPERTY.—Notwithstanding (e) CONDITION ON USE OF LAND.— shall simultaneously convey to Yavapai any other provision of law, effective 30 days (1) IN GENERAL.—The county (including its Ranch title to the Federal land identified in successors) shall continue the use of the par- after the date of enactment of this Act, there section 1714. cel conveyed under subsection (b) as a ceme- is vested in the United States all right, title, (2) Title to the lands to be exchanged shall tery. and interest in and to, and the right to im- be in a form acceptable to the Secretary and mediate possession of certain land located in Yavapai Ranch. (2) REVERSION.—If the Secretary, after no- tice to the county and an opportunity for a a master planned community development in (3) The Federal and non-Federal lands to be hearing, makes a finding that the county has Washington County, Utah, known as exchanged under this subtitle may be modi- used or permitted the use of the parcel for ‘‘PAHO’’, owned by Environmental Land fied prior to the exchange as provided in this any purpose other than the purpose specified Technology, Ltd., Rocky Mountain Ven- subtitle. in paragraph (1), and the county fails to dis- tures, and James Doyle, within the Red (4)(A) By mutual agreement, the Secretary continue that use— Cliffs Reserve in Washington County, Utah, and Yavapai Ranch may make minor and (A) title to the parcel shall revert to the consisting of— technical corrections to the maps and legal Secretary, to be administered by the Sec- (A) the fee simple interest in approxi- descriptions of the lands and interests there- retary; and mately 1,516 acres of real property; and in exchanged or retained under this subtitle, (B) the easement granted to the county (B) the fee simple interest in 34 acres of including changes, if necessary to conform to under subsection (d) shall be revoked. real property adjacent to the Red Cliffs Re- surveys approved by the Bureau of Land serve owned by Environmental Land Tech- Management. (3) WAIVER.—The Secretary may waive the application of subparagraph (A) or (B) of nology, Ltd. (B) In the case of any discrepancy between UST COMPENSATION.— paragraph (2) if the Secretary determines (c) J a map and legal description, the map shall (1) IN GENERAL.—The United States shall that a waiver would be in the best interests prevail unless the Secretary and Yavapai pay the owner just compensation determined of the United States. Ranch agree otherwise. as of the date of enactment of this Act. (b) EXCHANGE PROCESS.—(1) Except as oth- TITLE XV—DANDINI RESEARCH PARK (2) AMOUNT.—Payment of just compensa- erwise provided in this subtitle, the land ex- CONVEYANCE tion shall be in the amount of— change under subsection (a) shall be under- SEC. 1501. SHORT TITLE. (A) the valuation of the property deter- taken in accordance with section 206 of the This title may be cited as the ‘‘Dandini Re- mined by judgment awarded by a United Federal Land Policy and Management Act search Park Conveyance Act’’. States Court of competent jurisdiction; (43 U.S.C. 1716). SEC. 1502. DEFINITIONS. (B) interest from the date of enactment of (2) Before completing the land exchange In this title: this Act; and under this subtitle, the Secretary shall per- (1) BOARD OF REGENTS.—The term ‘‘Board (C) any other costs and expenses, if any, as form any necessary land surveys and pre-ex- of Regents’’ means the Board of Regents of determined by the court. change inventories, clearances, reviews, and

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 S11916 CONGRESSIONAL RECORD — SENATE December 7, 2004 approvals, including those relating to haz- the Secretary of the final appraised values of (A) Upon request of the City of Flagstaff, ardous materials, threatened and endangered the Federal land and non-Federal land unless Arizona, the parcels, or portion thereof, de- species, cultural and historic resources, and the Secretary and Yavapai Ranch have en- scribed in section 1714(a)(2). wetlands and flood plains. tered into an agreement to implement the (B) Upon request of the City of Williams, (c) EQUAL VALUE EXCHANGE.—(1) The value exchange. Arizona, the parcels, or portion thereof, de- of the Federal land and the non-Federal land (3) During the appraisal process, the ap- scribed in section 1714(a)(3). shall be equal, or equalized by the Secretary praiser shall determine the value of each (C) Upon request of the City of Camp by adjusting the acreage of the Federal land parcel of Federal land and non-Federal land Verde, Arizona, a portion of the parcel de- in accordance with paragraph (2). (including the contributory value of each in- scribed in section 1714(a)(4), comprising ap- (2) If the final appraised value of the Fed- dividual section of the intermingled Federal proximately 514 acres located southeast of eral land exceeds the final appraised value of and non-Federal land of the property de- the southeastern boundary of the I–17 right- the non-Federal land, prior to making other scribed in sections 103(a) and 104(a)(1)) as an of-way, and more particularly described as adjustments, the Federal lands shall be ad- assembled transaction. the SE1⁄4 portion of the southeast quarter of justed by deleting all or part of the parcels (4)(A) To ensure the timely and full disclo- section 26, the E1⁄2 and the E1⁄2W1⁄2 portions of or portions of the parcels in the following sure to the public of the final appraised val- section 35, and lots 5 through 7 of section 36, order: ues of the Federal land and non-Federal land, Township 14 North, Range 4 East, Gila and (A) A portion of the Camp Verde parcel de- the Secretary shall provide public notice of Salt River Base and Meridian, Yavapai Coun- scribed in section 1714(a)(4), comprising ap- any appraisals approved by the Secretary ty, Arizona. proximately 316 acres, located in the Pres- and copies of such appraisals shall be avail- (D) Upon request of the owners of the cott National Forest, and more particularly able for public inspection in appropriate of- Younglife Lost Canyon camp, the parcel de- described as lots 1, 5, and 6 of section 26, the fices of the Prescott, Coconino, and Kaibab scribed in section 1714(a)(5). NE1⁄4NE1⁄4 portion of section 26 and the National Forests. (E) Upon request of the owner of Friendly N1⁄2N1⁄2 portion of section 27, Township 14 (B) The Secretary shall also provide copies Pines Camp, Patterdale Pines Camp, Camp North, Range 4 East, Gila and Salt River of any approved appraisals to the cities and Pearlstein, Pine Summit, or Sky Y Camp, as Base and Meridian, Yavapai County, Ari- the owners of the camps described in section applicable, the corresponding parcel de- zona. 1711(1). scribed in section 1714(a)(6). (B) A portion of the Camp Verde parcel de- (e) CONTRACTING.—(1) If the Secretary (3)(A) Upon request of the specific city or scribed in section 1714(a)(4), comprising ap- lacks adequate staff or resources to complete camp referenced in paragraph (2), the Sec- proximately 314 acres, located in the Pres- the exchange by the date specified in section retary shall convey to such city or camp all cott National Forest, and more particularly 1716(c), Yavapai Ranch, subject to the agree- right, title, and interest of the United States described as lots 2, 7, 8, and 9 of section 26, ment of the Secretary, may contract with in and to the applicable parcel of Federal the SE1⁄4NE1⁄4 portion of section 26, and the independent third-party contractors to carry land or portion thereof, upon payment of the S1⁄2N1⁄2 of section 27, Township 14 North, out any work necessary to complete the ex- fair market value of the parcel and subject Range 4 East, Gila and Salt River Base and change by that date. to any terms and conditions the Secretary Meridian, Yavapai County, Arizona. (2) If, in accordance with this subsection, may require. (C) Beginning at the south boundary of sec- Yavapai Ranch contracts with an inde- (B) A conveyance under this paragraph tion 31, Township 20 North, Range 5 West, pendent third-party contractor to carry out shall not require new administrative or envi- Gila and Salt River Base and Meridian, any work that would otherwise be performed ronmental analyses or appraisals beyond Yavapai County, Arizona, and sections 33 and by the Secretary, the Secretary shall reim- those prepared for the land exchange. 35, Township 20 North, Range 6 West, Gila burse Yavapai Ranch for the costs for the (4) A city or owner of a camp purchasing and Salt River Base and Meridian, Yavapai third-party contractors. land under this subsection shall reimburse County, Arizona, by adding to the non-Fed- (f) EASEMENTS.—(1) The exchange of non- Yavapai Ranch for any costs incurred which eral land to be conveyed to the United States Federal and Federal land under this subtitle are directly associated with surveys and ap- praisals of the specific property conveyed. in 1⁄8-section increments (E-W 64th line) shall be subject to any easements, rights-of- (5) A conveyance of land under this sub- while deleting from the conveyance to way, utility lines, and any other valid en- section shall not affect the timing of the Yavapai Ranch Federal land in the same in- cumbrances in existence on the date of en- actment of this subtitle, including acquired land exchange. cremental portions of section 32, Township 20 (6) Nothing in this subsection limits the easements for water pipelines as generally North, Range 5 West, Gila and Salt River authority of the Secretary or Yavapai Ranch depicted on the map entitled ‘‘Yavapai Base and Meridian, Yavapai County, Ari- to delete any of the parcels referenced in this Ranch Land Exchange, YRLP Acquired Ease- zona, and sections 32, 34, and 36 in Township subsection from the land exchange. 20 North, Range 6 West, Gila and Salt River ments for Water Lines’’ dated April 2002, and (7)(A) The Secretary shall deposit the pro- Base and Meridian, Yavapai County, Ari- any other reservations that may be agreed to ceeds of any sale under paragraph (2) in a zona, to establish a linear and continuous by the Secretary and Yavapai Ranch. special account in the fund established under boundary that runs east-to-west across the (2) Upon completion of the land exchange Public Law 90–171 (commonly known as the sections. under this subtitle, the Secretary and ‘‘Sisk Act’’) (16 U.S.C. 484a). (D) Any other parcels, or portions thereof, Yavapai Ranch shall grant each other at no (B) Amounts deposited under subparagraph agreed to by the Secretary and Yavapai charge reciprocal easements for access and (A) shall be available to the Secretary, with- Ranch. utilities across, over, and through— out further appropriation, to be used for the (3) If any parcel of Federal land or non- (A) the routes depicted on the map entitled acquisition of land in the State of Arizona Federal land is not conveyed because of any ‘‘Yavapai Ranch Land Exchange, Road and for addition to the National Forest System, reason, that parcel of land, or portion there- Trail Easements, Yavapai Ranch Area’’ including the land to be exchanged under of, shall be excluded from the exchange and dated April 2002; and this subtitle. the remaining lands shall be adjusted as pro- (B) any relocated routes that are agreed to SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND. vided in this subsection. by the Secretary and Yavapai Ranch. (a) IN GENERAL.—The non-Federal land re- (4) If the value of the Federal land exceeds (3) An easement described in paragraph (2) ferred to in this subtitle consists of approxi- the value of the non-Federal land by more shall be unrestricted and non-exclusive in mately 35,000 acres of privately-owned land than $50,000, the Secretary and Yavapai nature and shall run with and benefit the within the boundaries of the Prescott Na- Ranch shall, by mutual agreement, delete land. tional Forest, as generally depicted on the additional Federal land from the exchange (g) CONVEYANCE OF FEDERAL LAND TO CIT- map entitled ‘‘Yavapai Ranch Land Ex- until the value of the Federal land and non- IES AND CAMPS.—(1) Prior to the completion change, Non-Federal Lands’’, dated April Federal land is, to the maximum extent of the land exchange between Yavapai Ranch 2002. practicable, equal. and the Secretary, the cities and the owners (b) EASEMENTS.—(1) The conveyance of (d) APPRAISALS.—(1) The value of the Fed- of the camps may enter into agreements non-Federal land to the United States under eral land and non-Federal land shall be de- with Yavapai Ranch whereby Yavapai section 1712 shall be subject to the reserva- termined by appraisals prepared in accord- Ranch, upon completion of the land ex- tion of— ance with the Uniform Appraisal Standards change, will convey to the cities or the own- (A) water rights and perpetual easements for Federal Land Acquisitions and the Uni- ers of the camps the applicable parcel of Fed- that run with and benefit the land retained form Standards of Professional Appraisal eral land or portion thereof. by Yavapai Ranch for— Practice. (2) If Yavapai Ranch and the cities or camp (i) the operation, maintenance, repair, im- (2)(A) After the Secretary has reviewed and owners have not entered into agreements in provement, development, and replacement of approved the final appraised values of the accordance with paragraph (1), the Secretary not more than 3 wells in existence on the Federal land and non-Federal land to be ex- shall, on notification by the cities or owners date of enactment of this Act; changed, the Secretary shall not be required of the camps no later than 30 days after the (ii) related storage tanks, valves, pumps, to reappraise or update the final appraised date the relevant approved appraisal is made and hardware; and values before the completion of the land ex- publicly available, delete the applicable par- (iii) pipelines to point of use; and change. cel or portion thereof from the land ex- (B) easements for reasonable access to ac- (B) This paragraph shall apply during the change between Yavapai Ranch and the complish the purposes of the easements de- three-year period following the approval by United States as follows: scribed in subparagraph (A).

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11917 (2) Each easement for an existing well re- (E) provide that any water supplied by mu- River Base and Meridian, Coconino County, ferred to in paragraph (1) shall be 40 acres in nicipalities or private water companies shall Arizona. area, and to the maximum extent prac- count towards the post-exchange water use (c) AMOUNT OF CONSIDERATION.—In ex- ticable, centered on the existing well. limitation described in subparagraph (D); change for the land described in subsection (3) The United States shall be entitled to and (b), the person acquiring the land shall pay one-half the production of each existing or (F) except for water supplied to the parcel to the Secretary consideration in the replacement well, not to exceed a total of by municipal water service providers or pri- amount of— 3,100,000 gallons of water annually for Na- vate water companies, require that any (1) $2500; plus tional Forest System purposes. water used for the parcel not be withdrawn (2) any costs of re-monumenting the (4) The locations of the easements and from wells perforated in the saturated Holo- boundary of land. wells shall be as generally depicted on the cene alluvium of the Verde River. (d) TIMING.—(1) Not later than 90 days after map entitled ‘‘Yavapai Ranch Land Ex- (2) If Yavapai Ranch conveys the Camp the date on which the Secretary receives a change, Reserved Easements for Water Lines Verde parcel described in subsection (a)(4), power of attorney executed by the person ac- and Wells’’, dated April 2002. or any portion thereof, the terms of convey- quiring the land, the Secretary shall convey SEC. 1714. DESCRIPTION OF FEDERAL LAND. ance shall include a recorded and binding to the person the land described in sub- section (b). (a) IN GENERAL.—The Federal land referred agreement of the quantity of water available (2) If, by the date that is 270 days after the to in this subtitle consists of the following: for use on the land conveyed, as determined date of enactment of this Act, the Secretary (1) Certain land comprising approximately by Yavapai Ranch, except that total water does not receive the power of attorney de- 15,300 acres located in the Prescott National use on the Camp Verde parcel may not ex- scribed in paragraph (1)— Forest, as generally depicted on the map en- ceed the amount specified in paragraph (A) the authority provided under this sec- titled ‘‘Yavapai Ranch Land Exchange, (1)(D). tion shall terminate; and Yavapai Ranch Area Federal Lands’’, dated (3) The Secretary may enter into a memo- (B) any conveyance of the land shall be April 2002. randum of understanding with the State or made under Public Law 97–465 (16 U.S.C. 521c (2) Certain land located in the Coconino political subdivision of the State to enforce et seq.). National Forest— the terms of the conservation easement. (A) comprising approximately 1,500 acres SEC. 1715. STATUS AND MANAGEMENT OF LAND Subtitle B—Verde River Basin Partnership as generally depicted on the map entitled AFTER EXCHANGE. SEC. 1721. PURPOSE. ‘‘Yavapai Ranch Land Exchange, Flagstaff (a) IN GENERAL.—Land acquired by the The purpose of this subtitle is to authorize Federal Lands Airport Parcel’’, dated April, United States under this subtitle shall be- assistance for a collaborative and science- 2002; and come part of the Prescott National Forest based water resource planning and manage- (B) comprising approximately 28.26 acres in and shall be administered by the Secretary ment partnership for the Verde River Basin two separate parcels, as generally depicted in accordance with this subtitle and the laws in the State of Arizona, consisting of mem- on the map entitled ‘‘Yavapai Ranch Land applicable to the National Forest System. bers that represent— Exchange, Flagstaff Federal Lands Wetzel (b) GRAZING.—Where grazing on non-Fed- (1) Federal, State, and local agencies; and School and Mt. Elden Parcels’’, dated Sep- eral land acquired by the Secretary under (2) economic, environmental, and commu- tember 2002. this subtitle occurs prior to the date of en- nity water interests in the Verde River (3) Certain land located in the Kaibab Na- actment of this Act, the Secretary may man- Basin. tional Forest, and referred to as the Wil- age the land to allow for continued grazing SEC. 1722. DEFINITIONS. liams Airport, Williams golf course, Wil- use, in accordance with the laws generally In this subtitle: liams Sewer, Buckskinner Park, Williams applicable to domestic livestock grazing on (1) DIRECTOR.—The term ‘‘Director’’ means Railroad, and Well parcels number 2, 3, and 4, National Forest System land. the Director of the Arizona Department of cumulatively comprising approximately 950 (c) TIMBER HARVESTING.—(1) After comple- Water Resources. acres, as generally depicted on the map enti- tion of the land exchange under this subtitle, (2) PARTNERSHIP.—The term ‘‘Partnership’’ tled ‘‘Yavapai Ranch Land Exchange, Wil- except as provided in paragraph (2), commer- means the Verde River Basin Partnership. liams Federal Lands’’, dated April 2002. cial timber harvesting shall be prohibited on (3) PLAN.—The term ‘‘plan’’ means the plan (4) Certain land located in the Prescott Na- the non-Federal land acquired by the United for the Verde River Basin required by section tional Forest, comprising approximately States. 1724(a)(1). 2,200 acres, as generally depicted on the map (2) Timber harvesting may be conducted on (4) SECRETARY.—The term ‘‘Secretary’’ entitled ‘‘Yavapai Ranch Land Exchange, the non-Federal land acquired under this means the Secretary of Agriculture. Camp Verde Federal Land General Crook subtitle if the Secretary determines that (5) STATE.—The term ‘‘State’’ means the Parcel’’, dated April 2002. such harvesting is necessary— State of Arizona. (5) Certain land located in the Kaibab Na- (A) to prevent or control fires, insects, and (6) VERDE RIVER BASIN.—The term ‘‘Verde tional Forest, comprising approximately disease through forest thinning or other for- River Basin’’ means the land area designated 237.5 acres, as generally depicted on the map est management techniques; by the Arizona Department of Water Re- entitled ‘‘Yavapai Ranch Land Exchange, (B) to protect or enhance grassland habi- sources as encompassing surface water and Younglife Lost Canyon’’, dated April 2002. tat, watershed values, native plants and groundwater resources, including drainage (6) Certain land located in the Prescott Na- wildlife species; or and recharge areas with a hydrologic connec- tional Forest, including the ‘‘Friendly (C) to improve forest health. tion to the Verde River. Pines’’, ‘‘Patterdale Pines’’, ‘‘Camp SEC. 1716. MISCELLANEOUS PROVISIONS. (7) WATER BUDGET.—The term ‘‘water budg- Pearlstein’’, ‘‘Pine Summit’’, and ‘‘Sky Y’’ (a) REVOCATION OF ORDERS.—Any public or- et’’ means the accounting of— camps, cumulatively comprising approxi- ders withdrawing any of the Federal land (A) the quantities of water leaving the mately 200 acres, as generally depicted on from appropriation or disposal under the Verde River Basin— the map entitled ‘‘Yavapai Ranch Land Ex- public land laws are revoked to the extent (i) as discharge to the Verde River and change, Prescott Federal Lands, Summer necessary to permit disposal of the Federal tributaries; Youth Camp Parcels’’, dated April 2002. land. (ii) as subsurface outflow; (b) CONDITION OF CONVEYANCE OF CAMP (b) WITHDRAWAL OF FEDERAL LAND.—Sub- (iii) as evapotranspiration by riparian VERDE PARCEL.—(1) To conserve water in the ject to valid existing rights, the Federal land vegetation; Verde Valley, Arizona, and to minimize the is withdrawn from all forms of entry and ap- (iv) as surface evaporation; adverse impacts from future development of propriation under the public land laws; loca- (v) for agricultural use; and the Camp Verde General Crook parcel de- tion, entry, and patent under the mining (vi) for human consumption; and scribed in subsection (a)(4) on current and fu- laws; and operation of the mineral leasing (B) the quantities of water replenishing the ture holders of water rights in existence of and geothermal leasing laws, until the date Verde River Basin by precipitation, infiltra- the date of enactment of this subtitle and on which the land exchange is completed. tion, and subsurface inflows. the Verde River and National Forest System (c) COMPLETION OF EXCHANGE.—It is the in- SEC. 1723. VERDE RIVER BASIN PARTNERSHIP. lands retained by the United States, the tent of Congress that the land exchange au- (a) IN GENERAL.—The Secretary may par- United States shall limit in perpetuity the thorized and directed under this subtitle be ticipate in the establishment of a partner- use of water on the parcel by reserving con- completed not later than 18 months after the ship, to be known as the ‘‘Verde River Basin servation easements that— date of enactment of this Act. Partnership’’, made up of Federal, State, (A) run with the land; SEC. 1717. CONVEYANCE OF ADDITIONAL LAND. local governments, and other entities with (B) prohibit golf course development on the (a) IN GENERAL—The Secretary shall con- responsibilities and expertise in water to co- parcel; vey to a person that represents the majority ordinate and cooperate in the identification (C) require that any public park or green- of landowners with encroachments on the lot and implementation of comprehensive belt on the parcel be watered with treated by quitclaim deed the parcel of land de- science-based policies, projects, and manage- wastewater; scribed in subsection (b). ment activities relating to the Verde River (D) limit total post-exchange water use on (b) DESCRIPTION OF LAND.—The parcel of Basin. the parcel to not more than 300 acre-feet of land referred to in subsection (a) is lot 8 in (b) AUTHORIZATION OF APPROPRIATIONS.—On water per year; section 11, T. 21 N., R. 7 E., Gila and Salt establishment of the Partnership, there are

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 S11918 CONGRESSIONAL RECORD — SENATE December 7, 2004 authorized to be appropriated to the Sec- (3) EFFECT.—Any recommendations in- veterans’ groups, and the local commu- retary and the Secretary of the Interior such cluded in the report submitted under para- nity, and for other purposes; as follows: sums as are necessary to carry out the ac- graph (1) shall not affect the land exchange Strike section 201 and insert the following: tivities of the Partnership for each of fiscal process or the appraisals of the Federal land SEC. 201. AUTHORIZATION AND APPROPRIATION years 2005 through 2009. and non-Federal land conducted under sec- EXTENSIONS. SEC. 1724. VERDE RIVER BASIN STUDIES. tions 103 and 104. (a) IN GENERAL.—Division II of the Omni- (a) STUDIES.— SEC. 1725. VERDE RIVER BASIN PARTNERSHIP bus Parks and Public Lands Management (1) IN GENERAL.—The Partnership shall pre- FINAL REPORT. Act of 1996 (Public Law 104–333; 16 U.S.C. 461 pare a plan for conducting water resource Not later than 4 years after the date of en- note) is amended— studies in the Verde River Basin that identi- actment of this Act, the Partnership shall (1) in each of sections 107, 208, 408, 507, 607, fies— submit to the Secretary and the Governor of 811, and 910, by striking ‘‘September 30, 2012’’ (A) the primary study objectives to fulfill Arizona a final report that— and inserting ‘‘September 30, 2027’’; and water resource planning and management (1) includes a summary of the results of (2) in title VIII, by striking ‘‘Canal Na- needs for the Verde River Basin; and any water resource assessments conducted tional Heritage Corridor’’ each place it ap- (B) the water resource studies, hydrologic under this subtitle in the Verde River Basin; pears in the section headings and text and models, surface and groundwater monitoring (2) identifies any areas in the Verde River inserting ‘‘National Heritage Canalway’’. networks, and other analytical tools helpful Basin that are determined to have ground- (b) JOHN H. CHAFEE BLACKSTONE RIVER in the identification of long-term water sup- water deficits or other current or potential VALLEY.—Section 7 of Public Law 99–647 (16 ply management options within the Verde water supply problems; U.S.C. 461 note) is amended by striking ‘‘on River Basin. (3) identifies long-term water supply man- the date’’ and all that follows through ‘‘sec- (2) REQUIREMENTS.—At a minimum, the agement options for communities and water tion’’ and inserting ‘‘on September 30, 2027’’. plan shall— resources within the Verde River Basin; and After title VII, add the following: (A) include a list of specific studies and (4) identifies water resource analyses and TITLE VIII—WIND CAVE NATIONAL PARK analyses that are needed to support Partner- monitoring needed to support the implemen- BOUNDARY REVISION ship planning and management decisions; tation of management options. SEC. 801. SHORT TITLE. (B) identify any ongoing or completed SEC. 1726. MEMORANDUM OF UNDERSTANDING. This title may be cited as the ‘‘Wind Cave water resource or riparian studies that are The Secretary (acting through the Chief of National Park Boundary Revision Act of relevant to water resource planning and the Forest Service) and the Secretary of the 2004’’. management for the Verde River Basin; Interior, shall enter into a memorandum of SEC. 802. DEFINITIONS. (C) describe the estimated cost and dura- understanding authorizing the United States In this title: tion of the proposed studies and analyses; Geological Survey to access Forest Service (1) MAP.—The term ‘‘map’’ means the map and land (including stream gauges, weather sta- entitled ‘‘Wind Cave National Park Bound- (D) designate as a study priority the com- tions, wells, or other points of data collec- ary Revision’’, numbered 108/80,030, and dated pilation of a water budget analysis for the tion on the Forest Service land) to carry out June 2002. Verde Valley. this subtitle. (2) PARK.—The term ‘‘Park’’ means the (b) VERDE VALLEY WATER BUDGET ANAL- SEC. 1727. EFFECT. Wind Cave National Park in the State. YSIS.— Nothing in this title diminishes or expands (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (1) IN GENERAL.—Subject to the avail- State or local jurisdiction, responsibilities, (4) STATE.—The term ‘‘State’’ means the ability of appropriations, not later than 14 or rights with respect to water resource State of South Dakota. months after the date of enactment of this management or control. Act, the Director of the U.S. Geological Sur- SEC. 803. LAND ACQUISITION. TITLE XVIII—PACTOLA RESERVOIR RE- vey, in cooperation with the Director, shall (a) AUTHORITY.— ALLOCATION AUTHORIZATION ACT OF prepare and submit to the Partnership a re- (1) IN GENERAL.—The Secretary may ac- 2004 port that provides a water budget analysis of quire the land or interest in land described the portion of the Verde River Basin within SEC. 1801. SHORT TITLE. in subsection (b)(1) for addition to the Park. the Verde Valley. This title may be cited as the ‘‘Pactola (2) MEANS.—An acquisition of land under (2) COMPONENTS.—The report submitted Reservoir Reallocation Authorization Act of paragraph (1) may be made by donation, pur- under paragraph (1) shall include— 2004’’. chase from a willing seller with donated or (A) a summary of the information avail- SEC. 1802. FINDINGS. appropriated funds, or exchange. able on the hydrologic flow regime for the Congress finds that— (b) BOUNDARY.— portion of the Middle Verde River from the (1) it is appropriate to reallocate the costs (1) MAP AND ACREAGE.—The land referred Clarkdale streamgauging station to the city of the Pactola Dam and Reservoir, South Da- to in subsection (a)(1) shall consist of ap- of Camp Verde at United States Geological kota, to reflect increased demands for mu- proximately 5,675 acres, as generally de- Survey Stream Gauge 09506000; nicipal, industrial, and fish and wildlife pur- picted on the map. (2) AVAILABILITY OF MAP.—The map shall (B) with respect to the portion of the Mid- poses; and be on file and available for public inspection dle Verde River described in subparagraph (2) section 302 of the Department of Energy in the appropriate offices of the National (A), estimates of— Organization Act (42 U.S.C. 7152) prohibits Park Service. (i) the inflow and outflow of surface water such a reallocation of costs without congres- (3) REVISION.—The boundary of the Park and groundwater; sional approval. shall be adjusted to reflect the acquisition of (ii) annual consumptive water use; and SEC. 1803. REALLOCATION OF COSTS OF land under subsection (a)(1). (iii) changes in groundwater storage; and PACTOLA DAM AND RESERVOIR, (C) an analysis of the potential long-term SOUTH DAKOTA. SEC. 804. ADMINISTRATION. (a) IN GENERAL.—The Secretary shall ad- consequences of various water use scenarios The Secretary of the Interior may, as pro- minister any land acquired under section on groundwater levels and Verde River flows. vided in the contract of August 2001 entered 803(a)(1) as part of the Park in accordance (c) PRELIMINARY REPORT AND RECOMMENDA- into between Rapid City, South Dakota, and with laws (including regulations) applicable TIONS.—. the Rapid Valley Conservancy District, re- to the Park. (1) IN GENERAL.—Not later than 16 months allocate, in a manner consistent with Fed- (b) TRANSFER OF ADMINISTRATIVE JURISDIC- after the date of enactment of this Act, eral reclamation law (the Act of June 17, 1902 TION.— using the information provided in the report (32 Stat. 388, chapter 1093), and Acts supple- (1) IN GENERAL.—The Secretary shall trans- submitted under subsection (b) and any mental to and amendatory of that Act (43 fer from the Director of the Bureau of Land other relevant information, the Partnership U.S.C. 371 et seq.)), the construction costs of Management to the Director of the National shall submit to the Secretary, the Governor Pactola Dam and Reservoir, Rapid Valley Park Service administrative jurisdiction of Arizona, and representatives of the Verde Unit, Pick-Sloan Missouri Basin Program, over the land described in paragraph (2). Valley communities, a preliminary report South Dakota, from irrigation purposes to (2) MAP AND ACREAGE.—The land referred that sets forth the findings and recommenda- municipal, industrial, and fish and wildlife to in paragraph (1) consists of the approxi- tions of the Partnership regarding the long- purposes. mately 80 acres of land identified on the map term available water supply within the as ‘‘Bureau of Land Management land’’. Verde Valley. SA 4085. Mr. ALEXANDER (for Mr. SEC. 805. GRAZING. (2) CONSIDERATION OF RECOMMENDATIONS.— DOMENICI) proposed an amendment to (a) GRAZING PERMITTED.—Subject to any The Secretary may take into account the the bill S. 1521, an act to direct the permits or leases in existence as of the date recommendations included in the report sub- Secretary of the Interior to convey cer- of acquisition, the Secretary may permit the mitted under paragraph (1) with respect to tain land to the Edward H. McDaniel continuation of livestock grazing on land ac- decisions affecting land under the jurisdic- American Legion Post No. 22 in quired under section 803(a)(1). tion of the Secretary, including any future (b) LIMITATION.—Grazing under subsection sales or exchanges of Federal land in the Pahrump, Nevada, for the construction (a) shall be at not more than the level exist- Verde River Basin after the date of enact- of a post building and memorial park ing on the date on which the land is acquired ment of this Act. for use by the American Legion, other under section 803(a)(1).

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11919

(c) PURCHASE OF PERMIT OR LEASE.—The ferred to in subparagraph (A), including li- (B) FAIR MARKET VALUE.—Any dispute over Secretary may purchase the outstanding ability associated with certain outstanding the fair market value of a property under portion of a grazing permit or lease on any obligations associated with expired ease- subparagraph (A) shall be resolved in accord- land acquired under section 803(a)(1). ments, or any other right granted in, on, ance with section 2201.4 of title 43, Code of (d) TERMINATION OF LEASES OR PERMITS.— over, or across either feature; and Federal Regulations. The Secretary may accept the voluntary ter- (C) the responsibility that the Commission (5) CONVEYANCE TO THE STATE.— mination of a permit or lease for grazing on will act as the agent for the Secretary in ad- (A) IN GENERAL.—If a preferential lease- any acquired land. ministering the purchase option extended to holder fails to purchase a parcel within the TITLE IX—BLUNT RESERVOIR AND preferential leaseholders under subsection period specified in paragraph (3)(A), the Sec- PIERRE CANAL LAND CONVEYANCE (d). retary shall convey the parcel to the State of South Dakota Department of Game, Fish, SEC. 901. SHORT TITLE. (2) RESPONSIBILITIES OF THE STATE.—An This title may be cited as the ‘‘Blunt Res- outstanding obligation described in para- and Parks. (B) WILDLIFE HABITAT MITIGATION.—Land ervoir and Pierre Canal Land Conveyance graph (1)(B) shall inure to the benefit of, and conveyed under subparagraph (A) shall be Act of 2004’’. be binding upon, the State. IL GAS MINERAL AND OTHER OUT used by the South Dakota Department of SEC. 902. BLUNT RESERVOIR AND PIERRE CANAL. (3) O , , - STANDING RIGHTS.—A conveyance to the Game, Fish, and Parks for the purpose of (a) DEFINITIONS.—In this section: State under subsection (d)(5) or (e) or a sale mitigating the wildlife habitat that was lost (1) BLUNT RESERVOIR FEATURE.—The term as a result of the development of the Pick- ‘‘Blunt Reservoir feature’’ means the Blunt to a preferential leaseholder under sub- section (d) shall be made subject to— Sloan project. Reservoir feature of the Oahe Unit, James (6) USE OF PROCEEDS.—Proceeds of sales of Division, authorized by the Act of August 3, (A) oil, gas, and other mineral rights re- served of record, as of the date of enactment land under this title shall be deposited as 1968 (82 Stat. 624), as part of the Pick-Sloan miscellaneous funds in the Treasury and Missouri River Basin program. of this Act, by or in favor of a third party; and such funds shall be made available, subject (2) COMMISSION.—The term ‘‘Commission’’ (B) any permit, license, lease, right-of-use, to appropriations, to the State for the estab- means the Commission of Schools and Public lishment of a trust fund to pay the county Lands of the State. or right-of-way of record in, on, over, or across a feature referred to in paragraph taxes on the lands received by the State De- (3) NONPREFERENTIAL LEASE PARCEL.—The partment of Game, Fish, and Parks under term ‘‘nonpreferential lease parcel’’ means a (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. the bill. parcel of land that— (e) CONVEYANCE OF NONPREFERENTIAL (4) ADDITIONAL CONDITIONS OF CONVEYANCE (A) was purchased by the Secretary for use LEASE PARCELS AND UNLEASED PARCELS.— TO STATE.—A conveyance to the State under in connection with the Blunt Reservoir fea- (1) CONVEYANCE BY SECRETARY TO STATE.— subsection (d)(5) or (e) shall be subject to the ture or the Pierre Canal feature; and (A) IN GENERAL.—Not later than 1 year reservations by the United States and the (B) was considered to be a nonpreferential after the date of enactment of this Act, the conditions specified in section 1 of the Act of lease parcel by the Secretary as of January Secretary shall convey to the South Dakota May 19, 1948 (chapter 310; 62 Stat. 240), as 1, 2001, and is reflected as such on the roster Department of Game, Fish, and Parks the amended (16 U.S.C. 667b), for the transfer of of leases of the Bureau of Reclamation for nonpreferential lease parcels and unleased property to State agencies for wildlife con- 2001. parcels of the Blunt Reservoir and Pierre servation purposes. (4) PIERRE CANAL FEATURE.—The term Canal. ‘‘Pierre Canal feature’’ means the Pierre (d) PURCHASE OPTION.— (B) WILDLIFE HABITAT MITIGATION.—Land Canal feature of the Oahe Unit, James Divi- (1) IN GENERAL.—A preferential leaseholder conveyed under subparagraph (A) shall be sion, authorized by the Act of August 3, 1968 shall have an option to purchase from the used by the South Dakota Department of (82 Stat. 624), as part of the Pick-Sloan Mis- Commission, acting as an agent for the Sec- Game, Fish, and Parks for the purpose of souri River Basin program. retary, the preferential lease parcel that is mitigating the wildlife habitat that was lost (5) PREFERENTIAL LEASEHOLDER.—The term the subject of the lease. as a result of the development of the Pick- ‘‘preferential leaseholder’’ means a person or (2) TERMS.— Sloan project. descendant of a person that held a lease on a (A) IN GENERAL.—Except as provided in (2) LAND EXCHANGES FOR NONPREFERENTIAL preferential lease parcel as of January 1, subparagraph (B), a preferential leaseholder LEASE PARCELS AND UNLEASED PARCELS.— 2001, and is reflected as such on the roster of may elect to purchase a parcel on one of the (A) IN GENERAL.—With the concurrence of leases of the Bureau of Reclamation for 2001. following terms: the South Dakota Department of Game, (6) PREFERENTIAL LEASE PARCEL.—The term (i) Cash purchase for the amount that is Fish, and Parks, the South Dakota Commis- ‘‘preferential lease parcel’’ means a parcel of equal to— sion of Schools and Public Lands may allow land that— (I) the value of the parcel determined a person to exchange land that the person (A) was purchased by the Secretary for use under paragraph (4); minus owns elsewhere in the State for a nonpref- in connection with the Blunt Reservoir fea- (II) ten percent of that value. erential lease parcel or unleased parcel at ture or the Pierre Canal feature; and (ii) Installment purchase, with 10 percent Blunt Reservoir or Pierre Canal, as the case (B) was considered to be a preferential of the value of the parcel determined under may be. lease parcel by the Secretary as of January paragraph (4) to be paid on the date of pur- (B) PRIORITY.—The right to exchange non- 1, 2001, and is reflected as such on the roster chase and the remainder to be paid over not preferential lease parcels or unleased parcels of leases of the Bureau of Reclamation for more than 30 years at 3 percent annual inter- shall be granted in the following order or pri- 2001. est. ority: (7) SECRETARY.—The term ‘‘Secretary’’ (B) VALUE UNDER $10,000.—If the value of the (i) Exchanges with current lessees for non- means the Secretary of the Interior, acting parcel is under $10,000, the purchase shall be preferential lease parcels. through the Commissioner of Reclamation. made on a cash basis in accordance with sub- (ii) Exchanges with adjoining and adjacent (8) STATE.—The term ‘‘State’’ means the paragraph (A)(i). landowners for unleased parcels and nonpref- State of South Dakota, including a successor (3) OPTION EXERCISE PERIOD.— erential lease parcels not exchanged by cur- in interest of the State. (A) IN GENERAL.—A preferential lease- rent lessees. (9) UNLEASED PARCEL.—The term ‘‘unleased holder shall have until the date that is 5 (C) EASEMENT FOR WATER CONVEYANCE parcel’’ means a parcel of land that— years after enactment of this Act to exercise STRUCTURE.—As a condition of the exchange (A) was purchased by the Secretary for use the option under paragraph (1). of land of the Pierre Canal Feature under in connection with the Blunt Reservoir fea- (B) CONTINUATION OF LEASES.—Until the this paragraph, the United States reserves a ture or the Pierre Canal feature; and date specified in subparagraph (A), a pref- perpetual easement to the land to allow for (B) is not under lease as of the date of en- erential leaseholder shall be entitled to con- the right to design, construct, operate, main- actment of this Act. tinue to lease from the Secretary the parcel tain, repair, and replace a pipeline or other (b) DEAUTHORIZATION.—The Blunt Res- leased by the preferential leaseholder under water conveyance structure over, under, ervoir feature is deauthorized. the same terms and conditions as under the across, or through the Pierre Canal feature. (c) ACCEPTANCE OF LAND AND OBLIGA- lease, as in effect as of the date of enactment (f) RELEASE FROM LIABILITY.— TIONS.— of this Act. (1) IN GENERAL.—Effective on the date of (1) IN GENERAL.—As a condition of each (4) VALUATION.— conveyance of any parcel under this title, conveyance under subsections (d)(5) and (e), (A) IN GENERAL.—The value of a pref- the United States shall not be held liable by respectively, the State shall agree to ac- erential lease parcel shall be its fair market any court for damages of any kind arising cept— value for agricultural purposes determined out of any act, omission, or occurrence relat- (A) in ‘‘as is’’ condition, the portions of the by an independent appraisal, exclusive of the ing to the parcel, except for damages for acts Blunt Reservoir Feature and the Pierre value of private improvements made by the of negligence committed by the United Canal Feature that pass into State owner- leaseholders while the land was federally States or by an employee, agent, or con- ship; owned before the date of the enactment of tractor of the United States, before the date (B) any liability accruing after the date of this Act, in conformance with the Uniform of conveyance. conveyance as a result of the ownership, op- Appraisal Standards for Federal Land Acqui- (2) NO ADDITIONAL LIABILITY.—Nothing in eration, or maintenance of the features re- sition. this section adds to any liability that the

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07PT1 S11920 CONGRESSIONAL RECORD — SENATE December 7, 2004 United States may have under chapter 171 of house, the blowing engine house, the AC that will incorporate or otherwise address title 28, United States Code (commonly power house, and related structures, within substantive comments made during the con- known as the ‘‘Federal Tort Claims Act’’). the property bounded by the proposed south- sultation required by paragraph (2). (g) REQUIREMENTS CONCERNING CONVEYANCE westerly right-of-way line needed to accom- (2) CONSULTATION.—The Secretary shall OF LEASE PARCELS.— modate the Mon/Fayette Expressway and the prepare the general management plan in (1) INTERIM REQUIREMENTS.—During the pe- relocated CSX railroad right-of-way, the consultation with— riod beginning on the date of enactment of Monongahela River, and a property line (A) an appropriate official of each appro- this Act and ending on the date of convey- drawn northeast to southwest approximately priate political subdivision of the Common- ance of the parcel, the Secretary shall con- 100 yards east of the AC power house. wealth of Pennsylvania that has jurisdiction tinue to lease each preferential lease parcel (C) The historic location of the Hot Metal over all or a portion of the lands included in or nonpreferential lease parcel to be con- Bridge, consisting of the Union railroad the historic site; veyed under this section under the terms and bridge and its approaches, spanning the (B) an appropriate official of the Steel In- conditions applicable to the parcel on the Monongahela River and connecting the mill dustry Heritage Corporation; and date of enactment of this Act. sites in the boroughs of Rankin and Munhall, (C) private property owners in the vicinity (2) PROVISION OF PARCEL DESCRIPTIONS.— Pennsylvania. of the historic site. Not later than 180 days after the date of en- (2) AVAILABILITY OF MAP.—The map re- (3) SUBMISSION OF PLAN TO CONGRESS.— actment of this Act, the Secretary shall pro- ferred to in paragraph (1) shall be available Upon the completion of the general manage- vide the State a full legal description of all for public inspection in an appropriate office ment plan, the Secretary shall submit a copy preferential lease parcels and nonpref- of the National Park Service. of the plan to the Committee on Energy and erential lease parcels that may be conveyed (c) ACQUISITION OF PROPERTY.— To further Natural Resources of the Senate and the under this section. the purposes of this section, the Secretary of Committee on Resources of the House of (h) AUTHORIZATION OF APPROPRIATIONS.— the Interior may acquire, only by donation, Representatives. There is authorized to be appropriated to property for inclusion in the historic site as TITLE XI—ST. CROIX NATIONAL HERITAGE carry out this title $750,000 to reimburse the follows: AREA STUDY Secretary for expenses incurred in imple- (1) Any land or interest in land with re- menting this title, and such sums as are nec- spect to the property identified in subsection SEC. 1101. ST. CROIX NATIONAL HERITAGE AREA STUDY. essary to reimburse the Commission for ex- (b)(1). (a) STUDY.—The Secretary of the Interior, penses incurred implementing this title, not (2) Up to 10 acres of land adjacent to or in in consultation with appropriate State his- to exceed 10 percent of the cost of each the general proximity of the property identi- toric preservation officers, States historical transaction conducted under this title. fied in such subsection, for the development societies, and other appropriate organiza- of visitor, administrative, museum, curato- TITLE X—STEEL INDUSTRY NATIONAL tions, shall conduct a study regarding the rial, and maintenance facilities. HISTORIC SITE suitability and feasibility of designating the (3) Personal property associated with, and SEC. 1001. FINDINGS AND PURPOSES. island of St. Croix as the St. Croix National appropriate for, the interpretation of the his- (a) FINDINGS.—The Congress finds the fol- Heritage Area. The study shall include anal- toric site. lowing: ysis, documentation, and determination re- (d) PRIVATE PROPERTY PROTECTIONS.— (1) Certain sites and structures in the Com- Nothing in this title shall be construed— garding whether the island of St. Croix— monwealth of Pennsylvania symbolize in (1) to require any private property owner (1) has an assemblage of natural, historic, physical form the heritage of the steel indus- to permit public access (including Federal, and cultural resources that together rep- try of the United States. State, or local government access) to the pri- resent distinctive aspects of American herit- (2) Certain buildings and other structures vate property; or age worthy of recognition, conservation, in- in the Commonwealth of Pennsylvania are (2) to modify any provision of Federal, terpretation, and continuing use, and are nationally significant historical resources, State, or local law with regard to public ac- best managed through partnerships among including the United States Steel Homestead cess to or use of private property. public and private entities and by combining Works, the Carrie Furnace complex, and the (e) ADMINISTRATION.—The Secretary of the diverse and sometimes noncontiguous re- Hot Metal Bridge. Interior shall administer the historic site in sources and active communities; (3) Despite substantial efforts for cultural accordance with this title and the provisions (2) provides outstanding opportunities to preservation and historical interpretation by of law generally applicable to units of the conserve natural, historic, cultural, or scenic the Commonwealth of Pennsylvania and by National Park System, including the Act of features; individuals and public and private entities in August 25, 1916 (16 U.S.C. 1 et seq.), and the (3) provides outstanding recreational and the Commonwealth, these buildings and Act of August 21, 1935 (16 U.S.C. 461 et seq.). educational opportunities; other structures may be lost without the as- (f) COOPERATIVE AGREEMENTS.— (4) contains resources important to the sistance of the Federal Government. (1) IN GENERAL.—Until such time as the identified theme or themes of the island of (b) PURPOSES.—The purposes of this title Secretary of the Interior has acquired the St. Croix that retain a degree of integrity ca- are to ensure the preservation, interpreta- property identified in subsection (b)(1), as pable of supporting interpretation; tion, visitor enjoyment, and maintenance of depicted on the map referred to in such sub- (5) includes residents, business interests, the nationally significant historical and cul- section, the Secretary may enter into a co- nonprofit organizations, and local and State tural sites and structures described in sub- operative agreement with any interested in- governments that are involved in the plan- section (a) for the benefit and inspiration of dividual, public or private agency, organiza- ning, have developed a conceptual financial present and future generations. tion, or institution to further the purposes of plan that outlines the roles of all partici- SEC. 1002. STEEL INDUSTRY NATIONAL HISTORIC the historic site. pants (including the Federal Government), SITE, PENNSYLVANIA. (2) CONTRARY PURPOSES.—Any payment and have demonstrated support for the con- (a) ESTABLISHMENT.—The Steel Industry made by the Secretary pursuant to a cooper- cept of a national heritage area; National Historic Site is hereby established ative agreement under this subsection shall (6) has a potential management entity to as a unit of the National Park System in the be subject to an agreement that conversion, work in partnership with residents, business Commonwealth of Pennsylvania. use, or disposal of the project so assisted for interests, nonprofit organizations, and local (b) DESCRIPTION.— purposes contrary to the purpose of the his- and State governments to develop a national (1) INCLUSION OF CERTAIN PROPERTY.—Sub- toric site, as determined by the Secretary, heritage area consistent with continued ject to paragraph (2), the historic site shall shall result in a right of the United States to local and State economic activity; and consist of the following properties, each of reimbursement of all funds made available (7) has a conceptual boundary map that is which relate to the former United States to such a project or the proportion of the in- supported by the public. Steel Homestead Works, as depicted on the creased value of the project attributable to (b) PRIVATE PROPERTY.—In conducting the map entitled ‘‘Steel Industry National His- such funds as determined at the time of such study required by this section, the Secretary toric Site’’, dated November 2003, and num- conversion, use, or disposal, whichever is of the Interior shall analyze the potential bered 80,000: greater. impact that designation of the area as a na- (A) The historic location of the Battle of (g) TECHNICAL ASSISTANCE.—The Secretary tional heritage area is likely to have on land Homestead site in the borough of Munhall, of the Interior may provide technical assist- within the proposed area or bordering the Pennsylvania, consisting of approximately 3 ance to any person for— proposed area that is privately owned at the acres of land, including the pumphouse and (1) the preservation of historic structures time that the study is conducted. water tower and related structures, within within the historic site; and (c) REPORT.—Not later than 3 fiscal years the property bounded by the Monongahela (2) the maintenance of the natural and cul- after the date on which funds are first made River, the CSX railroad, Waterfront Drive, tural landscape of the historic site. available for this section, the Secretary of and the Damascus-Marcegaglia Steel Mill. (h) GENERAL MANAGEMENT PLAN.— the Interior shall submit to the Committee (B) The historic location of the Carrie Fur- (1) PREPARATION.—Not later than three on Resources of the House of Representatives nace complex in the boroughs of Swissvale years after the date on which funds are first and the Committee on Energy and Natural and Rankin, Pennsylvania, consisting of ap- made available to carry out this title, the Resources of the Senate a report on the find- proximately 35 acres of land, including blast Secretary of the Interior shall prepare a gen- ings, conclusions, and recommendations as furnaces 6 and 7, the ore yard, the cast eral management plan for the historic site the Secretary deems appropriate.

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11921 TITLE XII—ARABIA MOUNTAIN NATIONAL Area’’, numbered AMNHA/80,000, and dated (1) take into consideration State and local HERITAGE AREA October, 2003. plans; and SEC. 1201. FINDINGS AND PURPOSES. (c) AVAILABILITY OF MAP.—The map shall (2) involve residents, public agencies, and (a) FINDINGS.—Congress finds the fol- be on file and available for public inspection private organizations in the heritage area. lowing: in the appropriate offices of the National (d) REQUIREMENTS.—The management plan (1) The Arabia Mountain area contains a Park Service. shall include the following: variety of natural, cultural, historical, sce- (d) MANAGEMENT ENTITY.—The Arabia (1) An inventory of the resources in the heritage area, including— nic, and recreational resources that together Mountain Heritage Area Alliance shall be (A) a list of property in the heritage area represent distinctive aspects of the heritage the management entity for the heritage that— of the United States that are worthy of rec- area. (i) relates to the purposes of the heritage ognition, conservation, interpretation, and SEC. 1204. AUTHORITIES AND DUTIES OF THE area; and continuing use. MANAGEMENT ENTITY. (ii) should be preserved, restored, managed, (2) The best methods for managing the re- (a) AUTHORITIES.—For purposes of devel- or maintained because of the significance of sources of the Arabia Mountain area would oping and implementing the management the property; and be through partnerships between public and plan, the management entity may— (B) an assessment of cultural landscapes private entities that combine diverse re- (1) make grants to, and enter into coopera- within the heritage area. sources and active communities. tive agreements with, the State, political subdivisions of the State, and private organi- (2) Provisions for the protection, interpre- (3) Davidson-Arabia Mountain Nature Pre- tation, and enjoyment of the resources of the serve, a 535-acre park in DeKalb County, zations; (2) hire and compensate staff; and heritage area consistent with the purposes of Georgia— this title. (A) protects granite outcrop ecosystems, (3) enter into contracts for goods and serv- ices. (3) An interpretation plan for the heritage wetland, and pine and oak forests; and area. (b) DUTIES.— (B) includes federally-protected plant spe- (4) A program for implementation of the (1) MANAGEMENT PLAN.— cies. management plan that includes— (A) IN GENERAL.—The management entity (4) Panola Mountain, a national natural (A) actions to be carried out by units of shall develop and submit to the Secretary landmark, located in the 860-acre Panola government, private organizations, and pub- the management plan. Mountain State Conservation Park, is a rare lic-private partnerships to protect the re- (B) CONSIDERATIONS.—In developing and example of a pristine granite outcrop. sources of the heritage area; and implementing the management plan, the (5) The archaeological site at Miners Creek (B) the identification of existing and po- management entity shall consider the inter- Preserve along the South River contains doc- tential sources of funding for implementing ests of diverse governmental, business, and umented evidence of early human activity. the plan. nonprofit groups within the heritage area. (6) The city of Lithonia, Georgia, and re- (5) A description and evaluation of the (2) PRIORITIES.—The management entity lated sites of Arabia Mountain and Stone management entity, including the member- shall give priority to implementing actions Mountain possess sites that display the his- ship and organizational structure of the described in the management plan, including tory of granite mining as an industry and management entity. assisting units of government and nonprofit culture in Georgia, and the impact of that (e) SUBMISSION TO SECRETARY FOR AP- organizations in preserving resources within industry on the United States. PROVAL.— the heritage area. (7) The community of Klondike is eligible (1) IN GENERAL.—Not later than 3 years for designation as a National Historic Dis- (3) PUBLIC MEETINGS.—The management en- after the date of the enactment of this Act, trict. tity shall conduct public meetings at least the management entity shall submit the (8) The city of Lithonia has 2 structures quarterly on the implementation of the man- management plan to the Secretary for ap- listed on the National Register of Historic agement plan. proval. (4) ANNUAL REPORT.—For any year in which Places. (2) EFFECT OF FAILURE TO SUBMIT.—If a (b) PURPOSES.—The purposes of this title Federal funds have been made available management plan is not submitted to the are as follows: under this title, the management entity Secretary by the date specified in paragraph (1) To recognize, preserve, promote, inter- shall submit to the Secretary an annual re- (1), the Secretary shall not provide any addi- pret, and make available for the benefit of port that describes the following: tional funding under this title until such the public the natural, cultural, historical, (A) The accomplishments of the manage- date as a management plan for the heritage scenic, and recreational resources in the area ment entity. area is submitted to the Secretary. that includes Arabia Mountain, Panola (B) The expenses and income of the man- (f) APPROVAL AND DISAPPROVAL OF MAN- Mountain, Miners Creek, and other signifi- agement entity. AGEMENT PLAN.— cant sites and communities. (5) AUDIT.—The management entity shall— (1) IN GENERAL.—Not later than 90 days (2) To assist the State of Georgia and the (A) make available to the Secretary for after receiving the management plan sub- counties of DeKalb, Rockdale, and Henry in audit all records relating to the expenditure mitted under subsection (e), the Secretary, the State in developing and implementing an of Federal funds and any matching funds; in consultation with the State, shall approve integrated cultural, historical, and land re- and or disapprove the management plan. source management program to protect, en- (B) require, with respect to all agreements (2) ACTION FOLLOWING DISAPPROVAL.— hance, and interpret the significant re- authorizing expenditure of Federal funds by (A) REVISION.—If the Secretary disapproves sources within the heritage area. other organizations, that the receiving orga- a management plan submitted under para- SEC. 1202. DEFINITIONS. nizations make available to the Secretary graph (1), the Secretary shall— For the purposes of this title, the following for audit all records concerning the expendi- (i) advise the management entity in writ- definitions apply: ture of those funds. ing of the reasons for the disapproval; (1) HERITAGE AREA.—The term ‘‘heritage (c) USE OF FEDERAL FUNDS.— (ii) make recommendations for revisions to area’’ means the Arabia Mountain National (1) IN GENERAL.—The management entity the management plan; and Heritage Area established by section 1203. shall not use Federal funds made available (iii) allow the management entity to sub- (2) MANAGEMENT ENTITY.—The term ‘‘man- under this title to acquire real property or mit to the Secretary revisions to the man- agement entity’’ means the Arabia Mountain an interest in real property. agement plan. Heritage Area Alliance or a successor of the (2) OTHER SOURCES.—Nothing in this title (B) DEADLINE FOR APPROVAL OF REVISION.— Arabia Mountain Heritage Area Alliance. precludes the management entity from using Not later than 90 days after the date on (3) MANAGEMENT PLAN.—The term ‘‘man- Federal funds made available under other which a revision is submitted under subpara- agement plan’’ means the management plan Federal laws for any purpose for which the graph (A)(iii), the Secretary shall approve or for the heritage area developed under section funds are authorized to be used. disapprove the revision. 1205. SEC. 1205. MANAGEMENT PLAN. (g) REVISION OF MANAGEMENT PLAN.— (4) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—The management entity (1) IN GENERAL.—After approval by the Sec- means the Secretary of the Interior. shall develop a management plan for the her- retary of a management plan, the manage- (5) STATE.—The term ‘‘State’’ means the itage area that incorporates an integrated ment entity shall periodically— State of Georgia. and cooperative approach to protect, inter- (A) review the management plan; and SEC. 1203. ARABIA MOUNTAIN NATIONAL HERIT- pret, and enhance the natural, cultural, his- (B) submit to the Secretary, for review and AGE AREA. torical, scenic, and recreational resources of approval by the Secretary, the recommenda- (a) ESTABLISHMENT.—There is established the heritage area. tions of the management entity for any revi- the Arabia Mountain National Heritage Area (b) BASIS.—The management plan shall be sions to the management plan that the man- in the State. based on the preferred concept in the docu- agement entity considers to be appropriate. (b) BOUNDARIES.—The heritage area shall ment entitled ‘‘Arabia Mountain National (2) EXPENDITURE OF FUNDS.—No funds made consist of certain parcels of land in the coun- Heritage Area Feasibility Study’’, dated Feb- available under this title shall be used to im- ties of DeKalb, Rockdale, and Henry in the ruary 28, 2001. plement any revision proposed by the man- State, as generally depicted on the map enti- (c) CONSIDERATION OF OTHER PLANS AND AC- agement entity under paragraph (1)(B) until tled ‘‘Arabia Mountain National Heritage TIONS.—The management plan shall— the Secretary approves the revision.

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07PT1 S11922 CONGRESSIONAL RECORD — SENATE December 7, 2004 SEC. 1206. TECHNICAL AND FINANCIAL ASSIST- title shall be construed to require the owner paper, and electrical generation industries ANCE. of any private property located within the and has cultural resources to interpret those (a) IN GENERAL.—At the request of the boundaries of the Heritage Area to partici- industries. management entity, the Secretary may pro- pate in or be associated with the Heritage (6) The region became a national leader in vide technical and financial assistance to the Area. scenic beautification and environmental con- heritage area to develop and implement the (e) EFFECT OF ESTABLISHMENT.—The bound- servation efforts following the era of indus- management plan. aries designated for the Heritage Area rep- trialization and deforestation and maintains (b) PRIORITY.—In providing assistance resent the area within which Federal funds a fabric of significant conservation areas in- under subsection (a), the Secretary shall give appropriated for the purpose of this title cluding the meandering Housatonic River. priority to actions that facilitate— may be expended. The establishment of the (7) Important historical events related to (1) the conservation of the significant nat- Heritage Area and its boundaries shall not be the American Revolution, Shays’ Rebellion, ural, cultural, historical, scenic, and rec- construed to provide any nonexisting regu- and early civil rights took place in the upper reational resources that support the pur- latory authority on land use within the Her- Housatonic Valley. poses of the heritage area; and itage Area or its viewshed by the Secretary, (8) The region had an American Indian (2) the provision of educational, interpre- the National Park Service, or the manage- presence going back 10,000 years and Mohi- tive, and recreational opportunities that are ment entity. cans had a formative role in contact with consistent with the resources and associated SEC. 1210. AUTHORIZATION OF APPROPRIATIONS. Europeans during the seventeenth and eight- values of the heritage area. (a) IN GENERAL.—There is authorized to be eenth centuries. SEC. 1207. EFFECT ON CERTAIN AUTHORITY. appropriated to carry out this title (9) The Upper Housatonic Valley National (a) OCCUPATIONAL, SAFETY, CONSERVATION, $10,000,000, to remain available until ex- Heritage Area has been proposed in order to AND ENVIRONMENTAL REGULATION.—Nothing pended, of which not more than $1,000,000 heighten appreciation of the region, preserve in this title— may be used in any fiscal year. its natural and historical resources, and im- (1) imposes an occupational, safety, con- (b) FEDERAL SHARE.—The Federal share of prove the quality of life and economy of the servation, or environmental regulation on the cost of any project or activity carried area. the heritage area that is more stringent than out using funds made available under this (b) PURPOSES.—The purposes of this title the regulations that would be applicable to title shall not exceed 50 percent. are as follows: the land described in section 1203(b) but for SEC. 1211. TERMINATION OF AUTHORITY. (1) To establish the Upper Housatonic Val- the establishment of the heritage area by The authority of the Secretary to make ley National Heritage Area in the State of section 1203; or any grant or provide any assistance under Connecticut and the Commonwealth of Mas- (2) authorizes a Federal agency to promul- this title shall terminate on September 30, sachusetts. gate an occupational, safety, conservation, 2016. (2) To implement the national heritage or environmental regulation for the heritage TITLE XIII—UPPER HOUSATONIC VALLEY area alternative as described in the docu- area that is more stringent than the regula- NATIONAL HERITAGE AREA ment entitled ‘‘Upper Housatonic Valley Na- tions applicable to the land described in sec- tional Heritage Area Feasibility Study, tion 1203(b) as of the date of enactment of SEC. 1301. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress finds the fol- 2003’’. this Act, solely as a result of the establish- lowing: (3) To provide a management framework to ment of the heritage area by section 1203. (1) The upper Housatonic Valley, encom- foster a close working relationship with all (b) LAND USE REGULATION.—Nothing in this levels of government, the private sector, and title— passing 29 towns in the hilly terrain of west- ern Massachusetts and northwestern Con- the local communities in the upper (1) modifies, enlarges, or diminishes any Housatonic Valley region to conserve the re- authority of the Federal Government or a necticut, is a singular geographical and cul- tural region that has made significant na- gion’s heritage while continuing to pursue State or local government to regulate any compatible economic opportunities. use of land as provided for by law (including tional contributions through its literary, ar- tistic, musical, and architectural achieve- (4) To assist communities, organizations, regulations) in existence on the date of en- and citizens in the State of Connecticut and actment of this Act; or ments, its iron, paper, and electrical equip- ment industries, and its scenic beautifi- the Commonwealth of Massachusetts in iden- (2) grants powers of zoning or land use to tifying, preserving, interpreting, and devel- the management entity. cation and environmental conservation ef- forts. oping the historical, cultural, scenic, and SEC. 1208. REQUIREMENTS FOR INCLUSION OF natural resources of the region for the edu- PRIVATE PROPERTY. (2) The upper Housatonic Valley has 139 properties and historic districts listed on the cational and inspirational benefit of current (a) NOTIFICATION AND CONSENT OF PROP- and future generations. ERTY OWNERS REQUIRED.—No privately National Register of Historic Places includ- owned property shall be preserved, con- ing— SEC. 1302. DEFINITIONS. served, or promoted by the management plan (A) five National Historic Landmarks— In this title: for the Heritage Area until the owner of that (i) Edith Wharton’s home, The Mount, (1) HERITAGE AREA.—The term ‘‘Heritage private property has been notified in writing Lenox, Massachusetts; Area’’ means the Upper Housatonic Valley by the management entity and has given (ii) Herman Melville’s home, Arrowhead, National Heritage Area, established in sec- written consent for such preservation, con- Pittsfield, Massachusetts; tion 1303. servation, or promotion to the management (iii) W.E.B. DuBois’ Boyhood Homesite, (2) MANAGEMENT ENTITY.—The term ‘‘Man- entity. Great Barrington, Massachusetts; agement Entity’’ means the management en- (b) LANDOWNER WITHDRAW.—Any owner of (iv) Mission House, Stockbridge, Massa- tity for the Heritage Area designated by sec- private property included within the bound- chusetts; and tion 1303(d). ary of the Heritage Area shall have their (v) Crane and Company Old Stone Mill Rag (3) MANAGEMENT PLAN.—The term ‘‘Man- property immediately removed from the Room, Dalton, Massachusetts; and agement Plan’’ means the management plan boundary by submitting a written request to (B) four National Natural Landmarks— for the Heritage Area specified in section the management entity. (i) Bartholomew’s Cobble, Sheffield, Massa- 1305. SEC. 1209. PRIVATE PROPERTY PROTECTION. chusetts, and Salisbury, Connecticut; (4) MAP.—The term ‘‘map’’ means the map (a) ACCESS TO PRIVATE PROPERTY.—Noth- (ii) Beckley Bog, Norfolk, Connecticut; entitled ‘‘Boundary Map Upper Housatonic ing in this title shall be construed to— (iii) Bingham Bog, Salisbury, Connecticut; Valley National Heritage Area’’, numbered (1) require any private property owner to and P17/80,000, and dated February 2003. allow public access (including Federal, (iv) Cathedral Pines, Cornwall, Con- (5) SECRETARY.—The term ‘‘Secretary’’ State, or local government access) to such necticut. means the Secretary of the Interior. private property; or (3) Writers, artists, musicians, and vaca- (6) STATE.—The term ‘‘State’’ means the (2) modify any provision of Federal, State, tioners have visited the region for more than State of Connecticut and the Commonwealth or local law with regard to public access to 150 years to enjoy its scenic wonders, making of Massachusetts. or use of private property. it one of the country’s leading cultural re- SEC. 1303. UPPER HOUSATONIC VALLEY NA- (b) LIABILITY.—Designation of the Heritage sorts. TIONAL HERITAGE AREA. Area shall not be considered to create any li- (4) The upper Housatonic Valley has made (a) ESTABLISHMENT.—There is established ability, or to have any effect on any liability significant national cultural contributions the Upper Housatonic Valley National Herit- under any other law, of any private property through such writers as Herman Melville, age Area. owner with respect to any persons injured on Nathaniel Hawthorne, Edith Wharton, and (b) BOUNDARIES.—The Heritage Area shall such private property. W.E.B. DuBois, artists Daniel Chester be comprised of— (c) RECOGNITION OF AUTHORITY TO CONTROL French and Norman Rockwell, and the per- (1) part of the Housatonic River’s water- LAND USE.—Nothing in this title shall be forming arts centers of Tanglewood, Music shed, which extends 60 miles from Lanesboro, construed to modify the authority of Fed- Mountain, Norfolk (Connecticut) Chamber Massachusetts to Kent, Connecticut; eral, State, or local governments to regulate Music Festival, Jacob’s Pillow, and Shake- (2) the towns of Canaan, Colebrook, Corn- land use. speare & Company. wall, Kent, Norfolk, North Canaan, Salis- (d) PARTICIPATION OF PRIVATE PROPERTY (5) The upper Housatonic Valley is noted bury, Sharon, and Warren in Connecticut; OWNERS IN HERITAGE AREA.—Nothing in this for its pioneering achievements in the iron, and

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11923 (3) the towns of Alford, Becket, Dalton, (2) enter into cooperative agreements with (1) conserving the significant natural, his- Egremont, Great Barrington, Hancock, or provide technical assistance to the State torical, cultural, and scenic resources of the Hinsdale, Lanesboro, Lee, Lenox, Monterey, of Connecticut and the Commonwealth of Heritage Area; and Mount Washington, New Marlboro, Pitts- Massachusetts, their subdivisions, nonprofit (2) providing educational, interpretive, and field, Richmond, Sheffield, Stockbridge, organizations, and other interested parties; recreational opportunities consistent with Tyringham, Washington, and West Stock- (3) hire and compensate staff, which shall the purposes of the Heritage Area. bridge in Massachusetts. include individuals with expertise in natural, (b) APPROVAL AND DISAPPROVAL OF MAN- (c) AVAILABILITY OF MAP.—The map shall cultural, and historical resources protection, AGEMENT PLAN.— be on file and available for public inspection and heritage programming; (1) IN GENERAL.—The Secretary shall ap- in the appropriate offices of the National (4) obtain money or services from any prove or disapprove the management plan Park Service, Department of the Interior. source including any that are provided under not later than 90 days after receiving the (d) MANAGEMENT ENTITY.—The Upper any other Federal law or program; management plan. Housatonic Valley National Heritage Area, (5) contract for goods or services; and (2) CRITERIA FOR APPROVAL.—In deter- Inc. shall be the management entity for the (6) undertake to be a catalyst for any other mining the approval of the management Heritage Area. activity that furthers the purposes of the plan, the Secretary shall consider whether— SEC. 1304. AUTHORITIES, PROHIBITIONS AND DU- Heritage Area and is consistent with the ap- (A) the management entity is representa- TIES OF THE MANAGEMENT ENTITY. proved management plan. tive of the diverse interests of the Heritage (a) DUTIES OF THE MANAGEMENT ENTITY.— (c) PROHIBITIONS ON THE ACQUISITION OF Area including governments, natural and To further the purposes of the Heritage Area, REAL PROPERTY.—The management entity historic resource protection organizations, the management entity shall— may not use Federal funds received under educational institutions, businesses, and rec- (1) prepare and submit a management plan this title to acquire real property, but may reational organizations; use any other source of funding, including for the Heritage Area to the Secretary in ac- (B) the management entity has afforded other Federal funding outside this authority, cordance with section 1305; adequate opportunity, including public hear- intended for the acquisition of real property. (2) assist units of local government, re- ings, for public and governmental involve- gional planning organizations, and nonprofit SEC. 1305. MANAGEMENT PLAN. ment in the preparation of the management (a) IN GENERAL.—The management plan for organizations in implementing the approved plan; the Heritage Area shall— management plan by— (C) the resource protection and interpreta- (1) include comprehensive policies, strate- (A) carrying out programs and projects tion strategies contained in the management gies and recommendations for conservation, that recognize, protect and enhance impor- plan, if implemented, would adequately pro- funding, management and development of tant resource values within the Heritage tect the natural, historical, and cultural re- the Heritage Area; Area; sources of the Heritage Area; and (2) take into consideration existing State, (B) establishing and maintaining interpre- (D) the management plan is supported by county, and local plans in the development tive exhibits and programs within the Herit- the appropriate State and local officials of the management plan and its implementa- age Area; whose cooperation is needed to ensure the ef- tion; (C) developing recreational and edu- fective implementation of the State and (3) include a description of actions that cational opportunities in the Heritage Area; local aspects of the management plan. governments, private organizations, and in- (D) increasing public awareness of and ap- (3) ACTION FOLLOWING DISAPPROVAL.—If the dividuals have agreed to take to protect the preciation for natural, historical, scenic, and Secretary disapproves the management plan, natural, historical and cultural resources of cultural resources of the Heritage Area; the Secretary shall advise the management the Heritage Area; (E) protecting and restoring historic sites entity in writing of the reasons therefore (4) specify the existing and potential and buildings in the Heritage Area that are and shall make recommendations for revi- sources of funding to protect, manage, and consistent with heritage area themes; sions to the management plan. The Sec- develop the Heritage Area in the first 5 years (F) ensuring that signs identifying points retary shall approve or disapprove a pro- of implementation; of public access and sites of interest are posed revision within 60 days after the date (5) include an inventory of the natural, his- posted throughout the Heritage Area; and it is submitted. torical, cultural, educational, scenic, and (G) promoting a wide range of partnerships (4) APPROVAL OF AMENDMENTS.—Substan- recreational resources of the Heritage Area among governments, organizations and indi- tial amendments to the management plan related to the themes of the Heritage Area viduals to further the purposes of the Herit- shall be reviewed by the Secretary and ap- that should be preserved, restored, managed, age Area; proved in the same manner as provided for developed, or maintained; (3) consider the interests of diverse units of the original management plan. The manage- (6) describe a program of implementation government, businesses, organizations and ment entity shall not use Federal funds au- for the management plan including plans for individuals in the Heritage Area in the prep- thorized by this title to implement any resource protection, restoration, construc- aration and implementation of the manage- amendments until the Secretary has ap- tion, and specific commitments for imple- ment plan; proved the amendments. mentation that have been made by the man- (4) conduct meetings open to the public at SEC. 1307. DUTIES OF OTHER FEDERAL AGEN- agement entity or any government, organi- least semi-annually regarding the develop- CIES. zation, or individual for the first 5 years of ment and implementation of the manage- Any Federal agency conducting or sup- implementation; and ment plan; porting activities directly affecting the Her- (7) include an interpretive plan for the Her- (5) submit an annual report to the Sec- itage Area shall— itage Area. retary for any fiscal year in which the man- (1) consult with the Secretary and the (b) DEADLINE AND TERMINATION OF FUND- agement entity receives Federal funds under management entity with respect to such ac- ING.— this title, setting forth its accomplishments, tivities; (1) DEADLINE.—The management entity (2) cooperate with the Secretary and the expenses, and income, including grants to shall submit the management plan to the management entity in carrying out their du- any other entities during the year for which Secretary for approval within 3 years after ties under this title and, to the maximum ex- the report is made; funds are made available for this title. (6) make available for audit for any fiscal tent practicable, coordinate such activities (2) TERMINATION OF FUNDING.—If the man- with the carrying out of such duties; and, year in which it receives Federal funds under agement plan is not submitted to the Sec- (3) to the maximum extent practicable, this title, all information pertaining to the retary in accordance with this subsection, conduct or support such activities in a man- expenditure of such funds and any matching the management entity shall not qualify for ner which the management entity deter- funds, and require in all agreements author- Federal funding under this title until such mines will not have an adverse effect on the izing expenditures of Federal funds by other time as the management plan is submitted Heritage Area. organizations, that the receiving organiza- to the Secretary. tions make available for such audit all SEC. 1308. REQUIREMENTS FOR INCLUSION OF SEC. 1306. DUTIES AND AUTHORITIES OF THE PRIVATE PROPERTY. records and other information pertaining to SECRETARY. the expenditure of such funds; and (a) TECHNICAL AND FINANCIAL ASSIST- (a) NOTIFICATION AND CONSENT OF PROP- (7) encourage by appropriate means eco- ANCE.—The Secretary may, upon the request ERTY OWNERS REQUIRED.—No privately nomic development that is consistent with of the management entity, provide technical owned property shall be preserved, con- the purposes of the Heritage Area. assistance on a reimbursable or non-reim- served, or promoted by the management plan (b) AUTHORITIES.—The management entity bursable basis and financial assistance to the for the Heritage Area until the owner of that may, for the purposes of preparing and im- Heritage Area to develop and implement the private property has been notified in writing plementing the management plan for the approved management plan. The Secretary is by the management entity and has given Heritage Area, use Federal funds made avail- authorized to enter into cooperative agree- written consent for such preservation, con- able through this title to— ments with the management entity and servation, or promotion to the management (1) make grants to the State of Con- other public or private entities for this pur- entity. necticut and the Commonwealth of Massa- pose. In assisting the Heritage Area, the Sec- (b) LANDOWNER WITHDRAW.—Any owner of chusetts, their political subdivisions, non- retary shall give priority to actions that in private property included within the bound- profit organizations and other persons; general assist in— ary of the Heritage Area shall have their

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07PT1 S11924 CONGRESSIONAL RECORD — SENATE December 7, 2004 property immediately removed from the mental to and amendatory of that Act (43 (1) Four individuals nominated by the boundary by submitting a written request to U.S.C. 371 et seq.)), the construction costs of State Historic Preservation Officer of South the management entity. Pactola Dam and Reservoir, Rapid Valley Carolina and two individuals nominated by SEC. 1309. PRIVATE PROPERTY PROTECTION. Unit, Pick-Sloan Missouri Basin Program, the State Historic Preservation Officer of (a) ACCESS TO PRIVATE PROPERTY.—Noth- South Dakota, from irrigation purposes to Georgia and appointed by the Secretary. ing in this title shall be construed to— municipal, industrial, and fish and wildlife (2) Two individuals from South Carolina (1) require any private property owner to purposes. and one individual from Georgia who are rec- allow public access (including Federal, TITLE XV—GULLAH/GEECHEE CULTURAL ognized experts in historic preservation, an- State, or local government access) to such HERITAGE thropology, and folklore, appointed by the private property; or SEC. 1501. SHORT TITLE. Secretary. (2) modify any provision of Federal, State, This title may be cited as the ‘‘Gullah/ (c) TERMS.—Members of the Commission shall be appointed to terms not to exceed 3 or local law with regard to public access to Geechee Cultural Heritage Act’’. years. The Secretary may stagger the terms or use of private property. SEC. 1502. PURPOSES. of the initial appointments to the Commis- (b) LIABILITY.—Designation of the Heritage The purposes of this title are to— sion in order to assure continuity of oper- Area shall not be considered to create any li- (1) recognize the important contributions ation. Any member of the Commission may ability, or to have any effect on any liability made to American culture and history by Af- serve after the expiration of their term until rican-Americans known as the Gullah/ under any other law, of any private property a successor is appointed. A vacancy shall be Geechee who settled in the coastal counties owner with respect to any persons injured on filled in the same manner in which the origi- such private property. of South Carolina and Georgia; nal appointment was made. (c) RECOGNITION OF AUTHORITY TO CONTROL (2) assist State and local governments and (d) TERMINATION.—The Commission shall LAND USE.—Nothing in this title shall be public and private entities in the South terminate 10 years after the date of enact- construed to modify the authority of Fed- Carolina and Georgia in interpreting the ment of this Act. story of the Gullah/Geechee and preserving eral, State, or local governments to regulate SEC. 1506. OPERATION OF THE COMMISSION. Gullah/Geechee folklore, arts, crafts, and land use. (a) DUTIES OF THE COMMISSION.—To further (d) PARTICIPATION OF PRIVATE PROPERTY music; and the purposes of the Heritage Corridor, the OWNERS IN HERITAGE AREA.—Nothing in this (3) assist in identifying and preserving Commission shall— title shall be construed to require the owner sites, historical data, artifacts, and objects (1) prepare and submit a management plan of any private property located within the associated with the Gullah/Geechee for the to the Secretary in accordance with section boundaries of the Heritage Area to partici- benefit and education of the public. 1507; pate in or be associated with the Heritage SEC. 1503. DEFINITIONS. (2) assist units of local government and Area. For the purposes of this title, the following other persons in implementing the Approved (e) EFFECT OF ESTABLISHMENT.—The bound- definitions apply: management plan by— aries designated for the Heritage Area rep- (1) COMMISSION.—The term ‘‘Commission’’ (A) carry out programs and projects that resent the area within which Federal funds means the Gullah/Geechee Cultural Heritage recognize, protect, and enhance important appropriated for the purpose of this title Corridor Commission established under this resource values within the Heritage Cor- may be expended. The establishment of the title. ridor; Heritage Area and its boundaries shall not be (2) HERITAGE CORRIDOR.—The term ‘‘Herit- (B) establishing and maintaining interpre- construed to provide any nonexisting regu- age Corridor’’ means the Gullah/Geechee tive exhibits and programs within the Herit- latory authority on land use within the Her- Cultural Heritage Corridor established by age Corridor; itage Area or its viewshed by the Secretary, this title. (C) developing recreational and edu- the National Park Service, or the manage- (3) SECRETARY.—The term ‘‘Secretary’’ cational opportunities in the Heritage Cor- ment entity. means the Secretary of the Interior. ridor; SEC. 1310. AUTHORIZATION OF APPROPRIATIONS. SEC. 1504. GULLAH/GEECHEE CULTURAL HERIT- (D) increasing public awareness of and ap- (a) IN GENERAL.—There is authorized to be AGE CORRIDOR. preciation for the historical, cultural, nat- appropriated for the purposes of this title (a) ESTABLISHMENT.—There is established ural, and scenic resources of the Heritage not more than $1,000,000 for any fiscal year. the Gullah/Geechee Cultural Heritage Cor- Corridor; Not more than a total of $10,000,000 may be ridor. (E) protecting and restoring historic sites (b) BOUNDARIES.— appropriated for the Heritage Area under and buildings in the Heritage Corridor that (1) IN GENERAL.—The Heritage Corridor this title. are consistent with heritage corridor shall be comprised of those lands and waters (b) MATCHING FUNDS.—Federal funding pro- themes; generally depicted on a map entitled vided under this title may not exceed 50 per- (F) ensuring that clear, consistent, and ap- ‘‘Gullah/Geechee Cultural Heritage Cor- cent of the total cost of any assistance or propriate signs identifying points of public ridor’’ numbered GGCHC/80,000, and dated grant provided or authorized under this title. access and sites of interest are posted September 2004. The map shall be on file and throughout the Heritage Corridor; and SEC. 1311. SUNSET. available for public inspection in the appro- (G) promoting a wide range of partnerships The authority of the Secretary to provide priate offices of the National Park Service among governments, organizations, and indi- assistance under this title shall terminate on and in an appropriate State office in each of viduals to further the purposes of the Herit- the day occurring 15 years after funds are the States included in the Heritage Corridor. age Corridor; first made available for this title. The Secretary shall publish in the Federal (3) consider the interests of diverse units of TITLE XIV—PACTOLA RESERVOIR RE- Register, as soon as practicable after the government, business, organizations, and in- ALLOCATION AUTHORIZATION ACT OF date of enactment of this Act a detailed de- dividuals in the Heritage Corridor in the 2004 scription and map of the boundaries estab- preparation and implementation of the man- lished under this subsection. SEC. 1401. SHORT TITLE. agement plan; (2) REVISIONS.—The boundaries of the her- This title may be cited as the ‘‘Pactola (4) conduct meetings open to the public at itage corridor may be revised if the revision Reservoir Reallocation Authorization Act of least quarterly regarding the development is— 2004’’. and implementation of the management (A) proposed in the management plan de- SEC. 1402. FINDINGS. plan; veloped for the Heritage Corridor; Congress finds that— (5) submit an annual report to the Sec- (B) approved by the Secretary in accord- (1) it is appropriate to reallocate the costs retary for any fiscal year in which the Com- ance with this title; and of the Pactola Dam and Reservoir, South Da- mission receives Federal funds under this (C) placed on file in accordance with para- kota, to reflect increased demands for mu- title, setting forth its accomplishments, ex- graph (1). nicipal, industrial, and fish and wildlife pur- penses, and income, including grants made (c) ADMINISTRATION.—The Heritage Cor- poses; and ridor shall be administered in accordance to any other entities during the year for (2) section 302 of the Department of Energy with the provisions of this title. which the report is made; Organization Act (42 U.S.C. 7152) prohibits (6) make available for audit for any fiscal SEC. 1505. GULLAH/GEECHEE CULTURAL HERIT- such a reallocation of costs without congres- AGE CORRIDOR COMMISSION. year in which it receives Federal funds under sional approval. (a) ESTABLISHMENT.—There is hereby es- this title, all information pertaining to the SEC. 1403. REALLOCATION OF COSTS OF tablished a commission to be known as expenditure of such funds and any matching PACTOLA DAM AND RESERVOIR, ‘‘Gullah/Geechee Cultural Heritage Corridor funds, and require all agreements author- SOUTH DAKOTA. Commission’’ whose purpose shall be to as- izing expenditures of Federal funds by other The Secretary of the Interior may, as pro- sist Federal, State, and local authorities in organizations, that the receiving organiza- vided in the contract of August 2001 entered the development and implementation of a tion make available for audit all records and into between Rapid City, South Dakota, and management plan for those land and waters other information pertaining to the expendi- the Rapid Valley Conservancy District, re- specified in section 1504. ture of such funds; and allocate, in a manner consistent with Fed- (b) MEMBERSHIP.—The Commission shall be (7) encourage by appropriate means eco- eral reclamation law (the Act of June 17, 1902 composed of nine members appointed by the nomic viability that is consistent with the (32 Stat. 388, chapter 1093), and Acts supple- Secretary as follows: purposes of the Heritage Corridor.

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(b) AUTHORITIES.—The Commission may, ment plan would adequately protect the cul- appropriate locations within the Heritage for the purposes of preparing and imple- tural and historic resources of the Heritage Corridor in accordance with the preferred al- menting the management plan, use funds Corridor; and ternative identified in the Record of Deci- made available under this title to— (C) the Secretary has received adequate as- sion for the Low Country Gullah Culture (1) make grants to, and enter into coopera- surances from appropriate State and local Special Resource Study and Environmental tive agreements with the States of South officials whose support is needed to ensure Impact Study, December 2003. Carolina and Georgia, political subdivisions the effective implementation of the State SEC. 1511. PRIVATE PROPERTY PROTECTION. of those States, a nonprofit organization, or and local aspects of the plan. (a) ACCESS TO PRIVATE PROPERTY.—Noth- any person; (3) ACTION FOLLOWING DISAPPROVAL.—If the ing in this title shall be construed to require (2) hire and compensate staff; Secretary disapproves the management plan, any private property owner to permit public (3) obtain funds from any source including the Secretary shall advise the Commission access (including Federal, State, or local any that are provided under any other Fed- in writing of the reasons therefore and shall government access) to such private property. eral law or program; and make recommendations for revisions to the Nothing in this title shall be construed to (4) contract for goods and services. management plan. The Secretary shall ap- modify any provision of Federal, State, or SEC. 1507. MANAGEMENT PLAN. prove or disapprove a proposed revision not local law with regard to public access to or (a) IN GENERAL.—The management plan for later than 60 days after the date it is sub- use of private lands. the Heritage Corridor shall— mitted. (b) LIABILITY.—Designation of the Heritage (1) include comprehensive policies, strate- (4) APPROVAL OF AMENDMENTS.—Substan- Corridor shall not be considered to create gies, and recommendations for conservation, tial amendments to the management plan any liability, or to have any effect on any li- funding, management, and development of shall be reviewed and approved by the Sec- ability under any other law, of any private the Heritage Corridor; retary in the same manner as provided in the property owner with respect to any persons (2) take into consideration existing State, original management plan. The Commission injured on such private property. county, and local plans in the development shall not use Federal funds authorized by (c) RECOGNITION OF AUTHORITY TO CONTROL of the management plan and its implementa- this title to implement any amendments LAND USE.—Nothing in this title shall be tion; until the Secretary has approved the amend- construed to modify any authority of Fed- (3) include a description of actions that ments. eral, State, or local governments to regulate governments, private organizations, and in- SEC. 1508. TECHNICAL AND FINANCIAL ASSIST- land use. dividuals have agreed to take to protect the ANCE. (d) PARTICIPATION OF PRIVATE PROPERTY historical, cultural, and natural resources of (a) IN GENERAL.—Upon a request of the OWNERS IN HERITAGE CORRIDOR.—Nothing in the Heritage Corridor; Commission, the Secretary may provide this title shall be construed to require the (4) specify the existing and potential technical and financial assistance for the de- owner of any private property located within sources of funding to protect, manage, and velopment and implementation of the man- the boundaries of the Heritage Corridor to develop the Heritage Corridor in the first 5 agement plan. participate in or be associated with the Her- years of implementation; (b) PRIORITY FOR ASSISTANCE.—In providing itage Corridor. (5) include an inventory of the historical, assistance under subsection (a), the Sec- (e) EFFECT OF ESTABLISHMENT.—The bound- cultural, natural, resources of the Heritage retary shall give priority to actions that as- aries designated for the Heritage Corridor Corridor related to the themes of the Herit- sist in— represent the area within which Federal age Corridor that should be preserved, re- (1) conserving the significant cultural, his- funds appropriated for the purpose of this stored, managed, developed, or maintained; torical, and natural resources of the Herit- title shall be expended. The establishment of (6) recommend policies and strategies for age Corridor; and the Heritage Corridor and its boundaries resource management that consider and de- (2) providing educational and interpretive shall not be construed to provide any non- tail the application of appropriate land and opportunities consistent with the purposes of existing regulatory authority on land use water management techniques, including the the Heritage Corridor. within the Heritage Corridor or its viewshed development of intergovernmental and inter- (c) SPENDING FOR NON-FEDERAL PROP- by the Secretary or the management entity. agency cooperative agreements to protect ERTY.— (f) NOTIFICATION AND CONSENT OF PROPERTY the Heritage Corridor’s historical, cultural, (1) IN GENERAL.—The Commission may ex- OWNERS REQUIRED.—No privately owned and natural resources; pend Federal funds made available under property shall be preserved, conserved, or (7) describe a program for implementation this title on nonfederally owned property promoted by the management plan for the of the management plan including plans for that is— Heritage Corridor until the owner of that resources protection, restoration, construc- (A) identified in the management plan; or private property has been notified in writing tion, and specific commitments for imple- (B) listed or eligible for listing on the Na- by the management entity and has given mentation that have been made by the Com- tional Register for Historic Places. written consent for such preservation, con- mission or any government, organization, or (2) AGREEMENTS.—Any payment of Federal servation, or promotion to the management individual for the first 5 years of implemen- funds made pursuant to this title shall be entity. tation; subject to an agreement that conversion, (g) LANDOWNER WITHDRAWAL.—Any owner (8) include an analysis and recommenda- use, or disposal of a project so assisted for of private property included within the tions for the ways in which Federal, State, purposes contrary to the purposes of this boundary of the Heritage Corridor shall have or local programs may best be coordinated to title, as determined by the Secretary, shall their property immediately removed from further the purposes of this title; and result in a right of the United States to com- within the boundary by submitting a written (9) include an interpretive plan for the Her- pensation of all funds made available to that request to the management entity. itage Corridor. project or the proportion of the increased SEC. 1512. AUTHORIZATION OF APPROPRIATIONS. value of the project attributable to such (b) SUBMITTAL OF MANAGEMENT PLAN.—The (a) IN GENERAL.—There is authorized to be Commission shall submit the management funds as determined at the time of such con- appropriated for the purposes of this title plan to the Secretary for approval not later version, use, or disposal, whichever is great- not more than $1,000,000 for any fiscal year. than 3 years after funds are made available er. Not more than a total of $10,000,000 may be for this title. SEC. 1509. DUTIES OF OTHER FEDERAL AGEN- appropriated for the Heritage Corridor under (c) FAILURE TO SUBMIT.—If the Commission CIES. this title. fails to submit the management plan to the Any Federal agency conducting or sup- (b) COST SHARE.—Federal funding provided Secretary in accordance with subsection (b), porting activities directly affecting the Her- under this title may not exceed 50 percent of the Heritage Corridor shall not qualify for itage Corridor shall— the total cost of any activity for which as- Federal funding until the management plan (1) consult with the Secretary and the sistance is provided under this title. is submitted. Commission with respect to such activities; (c) IN-KIND CONTRIBUTIONS.—The Secretary (d) APPROVAL OR DISAPPROVAL OF MANAGE- (2) cooperate with the Secretary and the may accept in-kind contributions as part of MENT PLAN.— Commission in carrying out their duties the non-Federal cost share of any activity (1) IN GENERAL.—The Secretary shall ap- under this title and, to the maximum extent for which assistance is provided under this prove or disapprove the management plan practicable, coordinate such activities with title. the carrying out of such duties; and not later than 90 days after receiving the SEC. 1513. TERMINATION OF AUTHORITY. management plan. (3) to the maximum extent practicable, conduct or support such activities in a man- The authority of the Secretary to provide (2) CRITERIA.—In determining whether to assistance under this title shall terminate on approve the management plan, the Secretary ner in which the Commission determines will not have an adverse effect on the Heritage the day occurring 15 years after the date of shall consider whether— enactment of this Act. (A) the Commission has afforded adequate Corridor. opportunity, including public hearings, for SEC. 1510. COASTAL HERITAGE CENTERS. TITLE XVI—WESTERN RESERVE public and governmental involvement in the In furtherance of the purposes of this title HERITAGE AREA preparation of the management plan; and using the authorities made available SEC. 1601. SHORT TITLE. (B) the resource preservation and interpre- under this title, the Commission shall estab- This title may be cited as the ‘‘Western tation strategies contained in the manage- lish one or more Coastal Heritage Centers at Reserve Heritage Areas Study Act’’.

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SEC. 1602. NATIONAL PARK SERVICE STUDY RE- (2) CONTENTS.—The study shall include Accounting Office, are entitled to receive ad- GARDING THE WESTERN RESERVE, analysis and documentation regarding ditional compensation for injuries described OHIO. whether the Study Area— in paragraph (6), so as to provide parity (a) FINDINGS.—The Congress finds the fol- (A) has an assemblage of natural, historic, among compensation received by all Mis- lowing: and cultural resources that together rep- souri River Indian tribes. (1) The area that encompasses the modern- resent distinctive aspects of American herit- SEC. 1703. LOWER BRULE SIOUX TRIBE. age worthy of recognition, conservation, in- day counties of Trumbull, Mahoning, Ash- Section 4(b) of the Lower Brule Sioux terpretation, and continuing use, and are tabula, Portage, Geagua, Lake, Cuyahoga, Tribe Infrastructure Development Trust best managed through partnerships among Summit, Medina, Huron, Lorain, Erie, Ot- Fund Act (Public Law 105–132; 111 Stat. 2565) public and private entities and by combining tawa, and Ashland in Ohio with the rich his- is amended by striking ‘‘$39,300,000’’ and in- diverse and sometimes noncontiguous re- tory in what was once the Western Reserve, serting ‘‘$186,822,140’’. sources and active communities; has made a unique contribution to the cul- SEC. 1704. CROW CREEK SIOUX TRIBE. tural, political and industrial development (B) reflects traditions, customs, beliefs, of the United States. and folklife that are a valuable part of the Section 4(b) of the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act (2) The Western Reserve is distinctive as national story; of 1996 (Public Law 104–223; 110 Stat. 3027) is the land settled by the people of Connecticut (C) provides outstanding opportunities to amended by striking ‘‘$27,500,000’’ and insert- after the Revolutionary War. The Western conserve natural, historic, cultural, or scenic ing ‘‘$105,917,853’’. Reserve holds a unique mark as the original features; (D) provides outstanding recreational and wilderness land of the West that many set- TITLE XVIII—NORTHERN RIO GRANDE educational opportunities; tlers migrated to in order to begin life out- NATIONAL HERITAGE AREA (E) contains resources important to the side of the original 13 colonies. identified theme or themes of the Study SEC. 1801. CONGRESSIONAL FINDINGS. (3) The Western Reserve played a signifi- Area that retain a degree of integrity capa- The Congress finds that— cant role in providing land to the people of ble of supporting interpretation; (1) northern New Mexico encompasses a Connecticut whose property and land was de- (F) includes residents, business interests, mosaic of cultures and history, including stroyed during the Revolution. These set- nonprofit organizations, and local and State eight Pueblos and the descendants of Span- tlers were descendants of the brave immi- governments that are involved in the plan- ish ancestors who settled in the area in 1598; grants who came to the Americas in the 17th ning, have developed a conceptual financial (2) the combination of cultures, languages, century. plan that outlines the roles for all partici- folk arts, customs, and architecture make (4) The Western Reserve offered a new des- pants, including the Federal Government, northern New Mexico unique; tination for those who moved west in search and have demonstrated support for the con- (3) the area includes spectacular natural, of land and prosperity. The agricultural and cept of a national heritage area; scenic, and recreational resources; industrial base that began in the Western (G) has a potential management entity to (4) there is broad support from local gov- Reserve still lives strong in these prosperous work in partnership with residents, business ernments and interested individuals to es- and historical counties. interests, nonprofit organizations, and local tablish a National Heritage Area to coordi- (5) The heritage of the Western Reserve re- and State governments to develop a national nate and assist in the preservation and inter- mains transfixed in the counties of Trum- heritage area consistent with continued pretation of these resources; bull, Mahoning, Ashtabula, Portage, Geagua, local and State economic activity; (5) in 1991, the National Park Service study Lake, Cuyahoga, Summit, Medina, Huron, (H) has a conceptual boundary map that is Alternative Concepts for Commemorating Lorain, Erie, Ottawa, and Ashland in Ohio. supported by the public; and Spanish Colonization identified several al- The people of these counties are proud of (I) has potential or actual impact on pri- ternatives consistent with the establishment their heritage as shown through the unwav- vate property located within or abutting the of a National Heritage Area, including con- ering attempts to preserve agricultural land Study Area. ducting a comprehensive archaeological and and the industrial foundation that has been (c) BOUNDARIES OF THE STUDY AREA.—The historical research program, coordinating a embedded in this region since the establish- Study Area shall be comprised of the coun- comprehensive interpretation program, and ment of the Western Reserve. Throughout ties of Trumbull, Mahoning, Ashtabula, Por- interpreting a cultural heritage scene; and these counties, historical sites, and markers tage, Geagua, Lake, Cuyahoga, Summit, Me- (6) establishment of a National Heritage preserve the unique traditions and customs dina, Huron, Lorain, Erie, Ottawa, and Ash- Area in northern New Mexico would assist of its original heritage. land in Ohio. local communities and residents in pre- (6) The counties that encompass the West- TITLE XVII—TRIBAL PARITY ACT serving these unique cultural, historical and ern Reserve continue to maintain a strong SEC. 1701. SHORT TITLE. natural resources. connection to its historic past as seen This title may be cited as the ‘‘Tribal Par- SEC. 1802. DEFINITIONS. through its preservation of its local heritage, ity Act’’. As used in this title— including historic homes, buildings, and cen- SEC. 1702. FINDINGS. (1) the term ‘‘heritage area’’ means the ters of public gatherings. Congress finds that— Northern Rio Grande Heritage Area; and (7) There is a need for assistance for the (1) the Pick-Sloan Missouri River Basin (2) the term ‘‘Secretary’’ means the Sec- preservation and promotion of the signifi- Program (authorized by section 9 of the Act retary of the Interior. cance of the Western Reserve as the natural, of December 22, 1944 (commonly known as historic and cultural heritage of the counties SEC. 1803. NORTHERN RIO GRANDE NATIONAL the ‘‘Flood Control Act of 1944’’) (58 Stat. HERITAGE AREA. of Trumbull, Mahoning, Ashtabula, Portage, 891)), was approved to promote the general (a) ESTABLISHMENT.—There is hereby es- Geagua, Lake, Cuyahoga, Summit, Medina, economic development of the United States; tablished the Northern Rio Grande National Huron, Lorain, Erie, Ottawa and Ashland in (2) the Fort Randall and Big Bend dam and Heritage Area in the State of New Mexico. Ohio. reservoir projects in South Dakota— (8) The Department of the Interior is re- (A) are major components of the Pick- (b) BOUNDARIES.—The heritage area shall sponsible for protecting the Nation’s cul- Sloan Missouri River Basin Program; and include the counties of Santa Fe, Rio Arriba, tural and historical resources. There are sig- (B) contribute to the national economy; and Taos. nificant examples of such resources within (3) the Fort Randall and Big Bend projects (c) MANAGEMENT ENTITY.— these counties and what was once the West- inundated the fertile bottom land of the (1) The Northern Rio Grande National Her- ern Reserve to merit the involvement of the Lower Brule and Crow Creek Sioux Tribes, itage Area, Inc., a non-profit corporation Federal Government in the development of which greatly damaged the economy and cul- chartered in the State of New Mexico, shall programs and projects, in cooperation with tural resources of the Tribes; serve as the management entity for the her- the State of Ohio and other local govern- (4) Congress has provided compensation to itage area. mental entities, to adequately conserve, pro- several Indian tribes, including the Lower (2) The Board of Directors for the manage- tect, and interpret this heritage for future Brule and Crow Creek Sioux Tribes, that bor- ment entity shall include representatives of generations, while providing opportunities der the Missouri River and suffered injury as the State of New Mexico, the counties of for education and revitalization. a result of 1 or more Pick-Sloan Projects; Santa Fe, Rio Arriba and Taos, tribes and (b) STUDY.— (5) the compensation provided to those In- pueblos within the heritage area, the cities (1) IN GENERAL.—The Secretary shall, in dian tribes has not been consistent; of Santa Fe, Espanola and Taos, and mem- consultation with the State of Ohio, the (6) Missouri River Indian tribes that suf- bers of the general public. The total number counties of Trumbull, Mahoning, Ashtabula, fered injury as a result of 1 or more Pick- of Board members and the number of Direc- Portage, Geagua, Lake, Cuyahoga, Summit, Sloan Projects should be adequately com- tors representing State, local and tribal gov- Medina, Huron, Lorain, Erie, Ottawa, and pensated for those injuries, and that com- ernments and interested communities shall Ashland, and other appropriate organiza- pensation should be consistent among the be established to ensure that all parties have tions, carry out a study regarding the suit- Tribes; and appropriate representation on the Board. ability and feasibility of establishing the (7) the Lower Brule Sioux Tribe and the SEC. 1804. AUTHORITY AND DUTIES OF THE MAN- Western Reserve Heritage Area in these Crow Creek Sioux Tribe, based on method- AGEMENT ENTITY. counties in Ohio. ology determined appropriate by the General (a) MANAGEMENT PLAN.—

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(1) Not later than 3 years after the date of (e) PUBLIC MEETINGS.—The management (1) HERITAGE AREA.—The term ‘‘Heritage enactment of this title, the management en- entity shall hold public meetings at least an- Area’’ means the Atchafalaya National Her- tity shall develop and forward to the Sec- nually regarding the implementation of the itage Area established by section 1902(a). retary a management plan for the heritage management plan. (2) LOCAL COORDINATING ENTITY.—The term area. (f) ANNUAL REPORTS AND AUDITS.— ‘‘local coordinating entity’’ means the local (2) The management entity shall develop (1) For any year in which the management coordinating entity for the Heritage Area and implement the management plan in co- entity receives Federal funds under this designated by section 1902(c). operation with affected communities, tribal title, the management entity shall submit (3) MANAGEMENT PLAN.—The term ‘‘man- and local governments and shall provide for an annual report to the Secretary setting agement plan’’ means the management plan public involvement in the development and forth accomplishments, expenses and in- for the Heritage Area developed under sec- implementation of the management plan. come, and each entity to which any grant tion 1904. (3) The management plan shall, at a min- was made by the management entity. (4) SECRETARY.—The term ‘‘Secretary’’ imum— (2) The management entity shall make means the Secretary of the Interior. (A) provide recommendations for the con- available to the Secretary for audit all (5) STATE.—The term ‘‘State’’ means the servation, funding, management, and devel- records relating to the expenditure of Fed- State of Louisiana. opment of the resources of the heritage area; eral funds and any matching funds. The man- SEC. 1902. ATCHAFALAYA NATIONAL HERITAGE (B) identify sources of funding; agement entity shall also require, for all AREA. (C) include an inventory of the cultural, agreements authorizing expenditure of Fed- (a) ESTABLISHMENT.—There is established historical, archaeological, natural, and rec- eral funds by other organizations, that the in the State the Atchafalaya National Herit- reational resources of the heritage area; receiving organization make available to the age Area. (D) provide recommendations for edu- Secretary for audit all records concerning (b) BOUNDARIES.—The Heritage Area shall cational and interpretive programs to inform the expenditure of those funds. consist of the whole of the following parishes the public about the resources of the herit- SEC. 1805. DUTIES OF THE SECRETARY. in the State: St. Mary, Iberia, St. Martin, St. age area; and (a) TECHNICAL AND FINANCIAL ASSIST- Landry, Avoyelles, Pointe Coupee, Iberville, (E) include an analysis of ways in which ANCE.—The Secretary may, upon request of Assumption, Terrebonne, Lafayette, West local, State, Federal, and tribal programs the management entity, provide technical Baton Rouge, Concordia, and East Baton may best be coordinated to promote the pur- and financial assistance to develop and im- Rouge. poses of this title. plement the management plan. (c) LOCAL COORDINATING ENTITY.— (4) If the management entity fails to sub- (b) PRIORITY.—In providing assistance (1) IN GENERAL.—The Atchafalaya Trace mit a management plan to the secretary as under subsection (a), the Secretary shall give Commission shall be the local coordinating provided in paragraph (1), the heritage area priority to actions that facilitate— entity for the Heritage Area. shall no longer be eligible to receive Federal (1) the conservation of the significant nat- (2) COMPOSITION.—The local coordinating funding under this title until such time as a ural, cultural, historical, archaeological, entity shall be composed of 13 members ap- plan is submitted to the Secretary. scenic, and recreational resources of the her- pointed by the governing authority of each (5) The Secretary shall approve or dis- itage area; and parish within the Heritage Area. approve the management plan within 90 days (2) the provision of educational, interpre- SEC. 1903. AUTHORITIES AND DUTIES OF THE after the date of submission. If the Secretary tive, and recreational opportunities con- LOCAL COORDINATING ENTITY. disapproves the management plan, the Sec- sistent with the resources and associated (a) AUTHORITIES.—For the purposes of de- retary shall advise the management entity values of the heritage area. veloping and implementing the management in writing of the reasons therefore and shall SEC. 1806. SAVINGS PROVISIONS. plan and otherwise carrying out this title, make recommendations for revisions to the (a) NO EFFECT ON PRIVATE PROPERTY.— the local coordinating entity may— plan. Nothing in this title shall be construed— (1) make grants to, and enter into coopera- (6) The management entity shall periodi- (1) to modify, enlarge, or diminish any au- tive agreements with, the State, units of cally review the management plan and sub- thority of Federal, State, or local govern- local government, and private organizations; mit to the Secretary any recommendations ments to regulate any use of privately owned (2) hire and compensate staff; and for proposed revisions to the management lands; or (3) enter into contracts for goods and serv- plan. Any major revisions to the manage- (2) to grant the management entity any ices. ment plan must be approved by the Sec- authority to regulate the use of privately (b) DUTIES.—The local coordinating entity retary. owned lands. shall— (b) AUTHORITY.—The management entity (b) TRIBAL LANDS.—Nothing in this title (1) submit to the Secretary for approval a may make grants and provide technical as- shall restrict or limit a tribe from protecting management plan; sistance to tribal and local governments, and cultural or religious sites on tribal lands. (2) implement the management plan, in- other public and private entities to carry out (c) AUTHORITY OF GOVERNMENTS.—Nothing cluding providing assistance to units of gov- the management plan. in this title shall— ernment and others in— (c) DUTIES.—The management entity (1) modify, enlarge, or diminish any au- (A) carrying out programs that recognize shall— thority of Federal, State, tribal, or local important resource values within the Herit- (1) give priority in implementing actions governments to manage or regulate any use age Area; set forth in the management plan; of land as provided for by law or regulation; (B) encouraging sustainable economic de- (2) coordinate with tribal and local govern- or velopment within the Heritage Area; ments to better enable them to adopt land (2) authorize the management entity to as- (C) establishing and maintaining interpre- use policies consistent with the goals of the sume any management authorities over such tive sites within the Heritage Area; and management plan; lands. (D) increasing public awareness of, and ap- (3) encourage by appropriate means eco- (d) TRUST RESPONSIBILITIES.—Nothing in preciation for the natural, historic, and cul- nomic viability in the heritage area con- this title shall diminish the Federal Govern- tural resources of, the Heritage Area; sistent with the goals of the management ment’s trust responsibilities or government- (3) adopt bylaws governing the conduct of plan; and to-government obligations to any federally the local coordinating entity; and (4) assist local and tribal governments and recognized Indian tribe. (4) for any year for which Federal funds are non-profit organizations in— SEC. 1807. SUNSET. received under this title, submit to the Sec- (A) establishing and maintaining interpre- The authority of the Secretary to provide retary a report that describes, for the year— tive exhibits in the heritage area; assistance under this title terminates on the (A) the accomplishments of the local co- (B) developing recreational resources in date that is 15 years after the date of enact- ordinating entity; and the heritage area; ment of this title. (B) the expenses and income of the local (C) increasing public awareness of, and ap- coordinating entity. SEC. 1808. AUTHORIZATION OF APPROPRIATIONS. preciation for, the cultural, historical, ar- (c) ACQUISITION OF REAL PROPERTY.—The (a) IN GENERAL.—There are authorized to chaeological and natural resources and sits local coordinating entity shall not use Fed- be appropriated to carry out this title in the heritage area; eral funds received under this title to ac- $10,000,000, of which not more than $1,000,000 (D) the restoration of historic structures quire real property or an interest in real may be authorized to be appropriated for any related to the heritage area; and property. fiscal year. (E) carrying out other actions that the (d) PUBLIC MEETINGS.—The local coordi- (b) COST-SHARING REQUIREMENT.—The Fed- management entity determines appropriate nating entity shall conduct public meetings eral share of the total cost of any activity to fulfill the purposes of this title, consistent at least quarterly. assisted under this title shall be not more with the management plan. SEC. 1904. MANAGEMENT PLAN. than 50 percent. (d) PROHIBITION ON ACQUIRING REAL PROP- (a) IN GENERAL.—The local coordinating ERTY.—The management entity may not use TITLE XIX—ATCHAFALAYA NATIONAL entity shall develop a management plan for Federal funds received under this title to ac- HERITAGE AREA the Heritage Area that incorporates an inte- quire real property or an interest in real SEC. 1901. DEFINITIONS. grated and cooperative approach to protect, property. In this title: interpret, and enhance the natural, scenic,

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REQUIREMENTS FOR INCLUSION OF been made available under this title, the TIONS.—In developing the management plan, PRIVATE PROPERTY. local coordinating entity shall submit to the the local coordinating entity shall— (a) NOTIFICATION AND CONSENT OF PROP- Secretary a report that describes— (1) take into consideration State and local ERTY OWNERS REQUIRED.—No privately (1) the accomplishments of the local co- plans; and owned property shall be preserved, con- ordinating entity; and (2) invite the participation of residents, served, or promoted by the management plan (2) the expenses and income of the local co- public agencies, and private organizations in for the Heritage Area until the owner of that ordinating entity. the Heritage Area. private property has been notified in writing SEC. 1909. AUTHORIZATION OF APPROPRIATIONS. (c) CONTENTS.—The management plan shall by the management entity and has given (a) IN GENERAL.—There is authorized to be include— written consent to the management entity appropriated to carry out this title (1) an inventory of the resources in the for such preservation, conservation, or pro- $10,000,000, of which not more than $1,000,000 Heritage Area, including— motion. shall be made available for any fiscal year. (A) a list of property in the Heritage Area (b) LANDOWNER WITHDRAW.—Any owner of (b) COST-SHARING REQUIREMENT.—The Fed- that— private property included within the bound- eral share of the total cost of any activity (i) relates to the purposes of the Heritage ary of the Heritage Area shall have that pri- assisted under this title shall be not more Area; and vate property immediately removed from the than 50 percent. (ii) should be preserved, restored, managed, boundary by submitting a written request to SEC. 1910. TERMINATION OF AUTHORITY. the management entity. or maintained because of the significance of The authority of the Secretary to provide the property; and SEC. 1906. PRIVATE PROPERTY PROTECTION. assistance to the local coordinating entity (B) an assessment of cultural landscapes (a) ACCESS TO PRIVATE PROPERTY.—Noth- under this title terminates on the date that within the Heritage Area; ing in this title shall be construed to— is 15 years after the date of enactment of (2) provisions for the protection, interpre- (1) require any private property owner to this title. tation, and enjoyment of the resources of the allow public access (including Federal, TITLE XX—CHAMPLAIN VALLEY Heritage Area consistent with this title; State, or local government access) to such NATIONAL HERITAGE PARTNERSHIP (3) an interpretation plan for the Heritage private property; or Area; and (2) modify any provision of Federal, State, SEC. 2001. SHORT TITLE. (4) a program for implementation of the or local law with regard to public access to This title may be cited as the ‘‘Champlain management plan that includes— or use of private property. Valley National Heritage Partnership Act of (A) actions to be carried out by units of (b) LIABILITY.—Designation of the Heritage 2003’’. government, private organizations, and pub- Area shall not be considered to create any li- SEC. 2002. FINDINGS AND PURPOSES. lic-private partnerships to protect the re- ability, or to have any effect on any liability (a) FINDINGS.—Congress finds that— sources of the Heritage Area; and under any other law, of any private property (1) the Champlain Valley and its extensive (B) the identification of existing and po- owner with respect to any persons injured on cultural and natural resources have played a tential sources of funding for implementing that private property. significant role in the history of the United the plan. (c) PARTICIPATION OF PRIVATE PROPERTY States and the individual States of Vermont (d) SUBMISSION TO SECRETARY FOR AP- OWNERS IN HERITAGE AREA.—Nothing in this and New York; PROVAL.— title shall be construed to require the owner (2) archaeological evidence indicates that (1) IN GENERAL.—Not later than 3 years of any private property located within the the Champlain Valley has been inhabited by after the date of enactment of this title, the boundaries of the Heritage Area to partici- humans since the last retreat of the glaciers, local coordinating entity shall submit the pate in or be associated with the Heritage with the Native Americans living in the area management plan to the Secretary for ap- Area. at the time of European discovery being pri- proval. SEC. 1907. EFFECT OF TITLE. marily of Iroquois and Algonquin descent; (2) EFFECT OF FAILURE TO SUBMIT.—If a Nothing in this title or in establishment of (3) the linked waterways of the Champlain management plan is not submitted to the the Heritage Area— Valley, including the Richelieu River in Can- Secretary by the date specified in paragraph (1) grants any Federal agency regulatory ada, played a unique and significant role in (1), the Secretary shall not provide any addi- authority over any interest in the Heritage the establishment and development of the tional funding under this title until a man- Area, unless cooperatively agreed on by all United States and Canada through several agement plan for the Heritage Area is sub- involved parties; distinct eras, including— mitted to the Secretary. (2) modifies, enlarges, or diminishes any (A) the era of European exploration, during (e) APPROVAL.— authority of the Federal Government or a which Samuel de Champlain and other ex- (1) IN GENERAL.—Not later than 90 days State or local government to regulate any plorers used the waterways as a means of ac- after receiving the management plan sub- use of land as provided for by law (including cess through the wilderness; mitted under subsection (d)(1), the Sec- regulations) in existence on the date of en- (B) the era of military campaigns, includ- retary, in consultation with the State, shall actment of this title; ing highly significant military campaigns of approve or disapprove the management plan. (3) grants any power of zoning or land use the French and Indian War, the American (2) ACTION FOLLOWING DISAPPROVAL.— to the local coordinating entity; Revolution, and the War of 1812; and (A) IN GENERAL.—If the Secretary dis- (4) imposes any environmental, occupa- (C) the era of maritime commerce, during approves a management plan under para- tional, safety, or other rule, standard, or per- which canals boats, schooners, and steam- graph (1), the Secretary shall— mitting process that is different from those ships formed the backbone of commercial (i) advise the local coordinating entity in in effect on the date of enactment of this transportation for the region; writing of the reasons for the disapproval; title that would be applicable had the Herit- (4) those unique and significant eras are (ii) make recommendations for revisions to age Area not been established; best described by the theme ‘‘The Making of the management plan; and (5)(A) imposes any change in Federal envi- Nations and Corridors of Commerce’’; (iii) allow the local coordinating entity to ronmental quality standards; or (5) the artifacts and structures associated submit to the Secretary revisions to the (B) authorizes designation of any portion with those eras are unusually well-preserved; management plan. of the Heritage Area that is subject to part (6) the Champlain Valley is recognized as (B) DEADLINE FOR APPROVAL OF REVISION.— C of title I of the Clean Air Act (42 U.S.C. having one of the richest collections of his- Not later than 90 days after the date on 7470 et seq.) as class 1 for the purposes of torical resources in North America; which a revision is submitted under subpara- that part solely by reason of the establish- (7) the history and cultural heritage of the graph (A)(iii), the Secretary shall approve or ment of the Heritage Area; Champlain Valley are shared with Canada disapprove the revision. (6) authorizes any Federal or State agency and the Province of Quebec; (f) REVISION.— to impose more restrictive water use des- (8) there are benefits in celebrating and (1) IN GENERAL.—After approval by the Sec- ignations, or water quality standards on uses promoting this mutual heritage; retary of a management plan, the local co- of or discharges to, waters of the United (9) tourism is among the most important ordinating entity shall periodically— States or waters of the State within or adja- industries in the Champlain Valley, and her- (A) review the management plan; and cent to the Heritage Area solely by reason of itage tourism in particular plays a signifi- (B) submit to the Secretary, for review and the establishment of the Heritage Area; cant role in the economy of the Champlain approval by the Secretary, the recommenda- (7) abridges, restricts, or alters any appli- Valley; tions of the local coordinating entity for any cable rule, standard, or review procedure for (10) it is important to enhance heritage revisions to the management plan that the permitting of facilities within or adjacent to tourism in the Champlain Valley while en- local coordinating entity considers to be ap- the Heritage Area; or suring that increased visitation will not im- propriate. (8) affects the continuing use and oper- pair the historical and cultural resources of (2) EXPENDITURE OF FUNDS.—No funds made ation, where located on the date of enact- the region; available under this title shall be used to im- ment of this title, of any public utility or (11) according to the 1999 report of the Na- plement any revision proposed by the local common carrier. tional Park Service entitled ‘‘Champlain

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.060 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11929 Valley Heritage Corridor Project’’, ‘‘the ‘‘Champlain Valley Heritage Corridor (aa) review the management plan; and Champlain Valley contains resources and Project’’, that describes the periods of inter- (bb) submit to the Secretary, for review represents a theme ‘The Making of Nations national conflict and maritime commerce and approval by the Secretary, the rec- and Corridors of Commerce’, that is of out- during which the region played a unique and ommendations of the management entity for standing importance in U.S. history’’; and significant role in the development of the any amendments to the management plan (12) it is in the interest of the United United States and Canada. that the management entity considers to be States to preserve and interpret the histor- SEC. 2004. HERITAGE PARTNERSHIP. appropriate. ical and cultural resources of the Champlain (a) ESTABLISHMENT.—There is established (II) EXPENDITURE OF FUNDS.—No funds Valley for the education and benefit of in the regional the Champlain Valley Na- made available under this title shall be used present and future generations. tional Heritage Partnership. to implement any amendment proposed by (b) PURPOSES.—The purposes of this title (b) MANAGEMENT ENTITY.— the management entity under subparagraph are— (1) DUTIES.— (viii)(1) until the Secretary approves the (1) to establish the Champlain Valley Na- (A) IN GENERAL.—The management entity amendments. tional Heritage Partnership in the States of shall implement the title. (2) PARTNERSHIPS.— Vermont and New York to recognize the im- (B) MANAGEMENT PLAN.— (A) IN GENERAL.—In carrying out this title, portance of the historical, cultural, and rec- (i) IN GENERAL.—Not later than 3 years the management entity may enter into part- reational resources of the Champlain Valley after the date of enactment of this Act, the nerships with— region to the United States; management entity shall develop a manage- (i) the States, including units of local gov- (2) to assist the State of Vermont and New ment plan for the Heritage Partnership. ernments in the States; York, including units of local government (ii) EXISTING PLAN.—Pending the comple- (ii) nongovernmental organizations; and nongovernmental organizations in the tion and approval of the management plan, (iii) Indian Tribes; and States, in preserving, protecting, and inter- the management entity may implement the (iv) other persons in the Heritage Partner- preting those resources for the benefit of the provisions of this title based on its federally ship. people of the United States; authorized plan ‘‘Opportunities for Action, (B) GRANTS.—Subject to the availability of (3) to use those resources and the theme an Evolving Plan For Lake Champlain’’. funds, the management entity may provide ‘‘The Making of Nations and Corridors of (iii) CONTENTS.—The management plan grants to partners under subparagraph (A) to Commerce’’ to— shall include— assist in implementing this title. (A) revitalize the economy of communities (I) recommendations for funding, man- (3) PROHIBITION ON THE ACQUISITION OF REAL in the Champlain Valley; and aging, and developing the Heritage Partner- PROPERTY.—The management entity shall (B) generate and sustain increased levels of ship; not use Federal funds made available under tourism in the Champlain Valley; (II) a description of activities to be carried this title to acquire real property or any in- (4) to encourage— out by public and private organizations to terest in real property. (A) partnerships among State and local protect the resources of the Heritage Part- (c) ASSISTANCE FROM SECRETARY.—To governments and nongovernmental organiza- nership; carry out the purposes of this title, the Sec- tions in the United States; and (III) a list of specific, potential sources of retary may provide technical and financial (B) collaboration with Canada and the funding for the protection, management, and assistance to the management entity. Province of Quebec to— development of the Heritage Partnership; SEC. 2005. EFFECT. (i) interpret and promote the history of the (IV) an assessment of the organizational Nothing in this title— waterways of the Champlain Valley region; capacity of the management entity to (1) grants powers of zoning or land use to (ii) form stronger bonds between the achieve the goals for implementation; and the management entity; United States and Canada; and (V) recommendations of ways in which to (2) modifies, enlarges, or diminishes the (iii) promote the international aspects of encourage collaboration with Canada and the authority of the Federal Government or a the Champlain Valley region; and Province of Quebec in implementing this State or local government to manage or reg- (5) to provide financial and technical as- title. ulate any use of land under any law (includ- sistance for the purposes described in para- (iv) CONSIDERATIONS.—In developing the ing regulations); or graphs (1) through (4). management plan under clause (i), the man- (3) obstructs or limits private business de- SEC. 2003. DEFINITIONS. agement entity shall take into consideration velopment activities or resource develop- In this title: existing Federal, State, and local plans re- ment activities. (1) HERITAGE PARTNERSHIP.—The term lating to the region. SEC. 2006. AUTHORIZATION OF APPROPRIATIONS. ‘‘Heritage Partnership’’ means the Cham- (v) SUBMISSION TO SECRETARY FOR AP- (a) IN GENERAL.—There is authorized to be plain Valley National Heritage Partnership PROVAL.— appropriated to carry out this title not more established by section 2004(a). (I) IN GENERAL.—Not later than 3 years than a total of $10,000,000, of which not more (2) MANAGEMENT ENTITY.—The term ‘‘man- after the date of enactment of this Act, the than $1,000,000 may be made available for any agement entity’’ means the Lake Champlain management entity shall submit the man- fiscal year. Basin Program. agement plan to the Secretary for approval. (b) NON-FEDERAL SHARE.—The non-Federal share of the cost of any activities carried out (3) MANAGEMENT PLAN.—The term ‘‘man- (II) EFFECT OF FAILURE TO SUBMIT.—If a agement plan’’ means the management plan management plan is not submitted to the using Federal funds made available under developed under section 2004(b)(B)(i). Secretary by the date specified in paragraph subsection (a) not be less than 50 percent. SEC. 2007. TERMINATION OF AUTHORITY. (4) REGION.— (I), the Secretary shall not provide any addi- The authority of the Secretary to provide (A) IN GENERAL.—The term ‘‘region’’ means tional funding under this title until a man- any area or community in 1 of the States in agement plan for the Heritage Partnership is assistance under this title terminates on the which a physical, cultural, or historical re- submitted to the Secretary. date that is 15 years after the date of enact- ment of this Act. source that represents the theme is located. (vi) APPROVAL.—Not later than 90 days (B) INCLUSIONS.—The term ‘‘region’’ in- after receiving the management plan sub- TITLE XXI—GREAT BASIN NATIONAL cludes mitted under subparagraph (V)(I), the Sec- HERITAGE ROUTE (i) the linked navigable waterways of— retary, in consultation with the States, shall SEC. 2101. SHORT TITLE. (I) Lake Champlain; approve or disapprove the management plan. This title may be cited as the ‘‘Great Basin (II) Lake George; (vii) ACTION FOLLOWING DISAPPROVAL.— National Heritage Route Act’’. (III) the Champlain Canal; and (I) GENERAL.—If the Secretary disapproves SEC. 2102. FINDINGS AND PURPOSES. (IV) the portion of the Upper Hudson River a management plan under subparagraph (vi), (a) FINDINGS.—Congress finds that— extending south to Saratoga; the Secretary shall— (1) the natural, cultural, and historic herit- (ii) portions of Grand Isle, Franklin, (aa) advise the management entity in writ- age of the North American Great Basin is na- Chittenden, Addison, Rutland, and ing of the reasons for the disapproval; tionally significant; Bennington Counties in the State of (bb) make recommendations for revisions (2) communities along the Great Basin Vermont; and to the management plan; and Heritage Route (including the towns of (iii) portions of Clinton, Essex, Warren, (cc) allow the management entity to sub- Delta, Utah, Ely, Nevada, and the sur- Saratoga and Washington Counties in the mit to the Secretary revisions to the man- rounding communities) are located in a clas- State of New York. agement plan. sic western landscape that contains long nat- (5) SECRETARY.—The term ‘‘Secretary’’ (II) DEADLINE FOR APPROVAL OF REVISION.— ural vistas, isolated high desert valleys, means the Secretary of the Interior. Not later than 90 days after the date on mountain ranges, ranches, mines, historic (6) STATE.—the term ‘‘State’’ means— which a revision is submitted under subpara- railroads, archaeological sites, and tribal (A) the State of Vermont; and graph (vii)(I)(cc), the Secretary shall approve communities; (B) the State of New York. or disapprove the revision. (3) the Native American, pioneer, ranching, (7) THEME.—The term ‘‘theme’’ means the (viii) AMENDMENT.— mining, timber, and railroad heritages asso- theme ‘‘The Making of Nations and Corridors (I) IN GENERAL.—After approval by the Sec- ciated with the Great Basin Heritage Route of Commerce’’, as the term is used in the 1999 retary of the management plan, the manage- include the social history and living cultural report of the National Park Service entitled ment entity shall periodically— traditions of a rich diversity of nationalities;

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.060 S07PT1 S11930 CONGRESSIONAL RECORD — SENATE December 7, 2004 (4) the pioneer, Mormon, and other reli- while continuing to develop economic oppor- (5) a description of the role of the States of gious settlements, and ranching, timber, and tunities; and Nevada and Utah in the management of the mining activities of the region played and (3) to conserve, interpret, and develop the Heritage Route. continue to play a significant role in the de- archaeological, historical, cultural, natural, (c) ADDITIONAL REQUIREMENTS.—In devel- velopment of the United States, shaped by— scenic, and recreational resources related to oping the terms of the memorandum of un- (A) the unique geography of the Great the unique ranching, industrial, and cultural derstanding, the Secretary and the manage- Basin; heritage of the Great Basin, in a manner ment entity shall— (B) an influx of people of Greek, Chinese, that promotes multiple uses permitted as of (1) provide opportunities for local partici- Basque, Serb, Croat, Italian, and Hispanic the date of enactment of this Act, without pation; and descent; and managing or regulating land use. (2) include terms that ensure, to the max- (C) a Native American presence (Western SEC. 2103. DEFINITIONS. imum extent practicable, timely implemen- Shoshone, Northern and Southern Paiute, In this title: tation of all aspects of the memorandum of and Goshute) that continues in the Great understanding. (1) GREAT BASIN.—The term ‘‘Great Basin’’ Basin today; means the North American Great Basin. (d) AMENDMENTS.— (5) the Great Basin housed internment (1) IN GENERAL.—The Secretary shall re- (2) HERITAGE ROUTE.—The term ‘‘Heritage camps for Japanese-American citizens dur- view any amendments of the memorandum ing World War II, 1 of which, Topaz, was lo- Route’’ means the Great Basin National Her- itage Route established by section 2104(a). of understanding proposed by the manage- cated along the Heritage Route; ment entity or the Governor of the State of (6) the pioneer heritage of the Heritage (3) MANAGEMENT ENTITY.—The term ‘‘man- agement entity’’ means the Great Basin Her- Nevada or Utah. Route includes the Pony Express route and (2) USE OF FUNDS.—Funds made available stations, the Overland Stage, and many ex- itage Route Partnership established by sec- tion 2104(c). under this title shall not be expended to im- amples of 19th century exploration of the plement a change made by a proposed western United States; (4) MANAGEMENT PLAN.—The term ‘‘man- agement plan’’ means the plan developed by amendment described in paragraph (1) until (7) the Native American heritage of the the Secretary approves the amendment. Heritage Route dates back thousands of the management entity under section SEC. 2106. MANAGEMENT PLAN. years and includes— 2106(a). (A) archaeological sites; (5) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—Not later than 3 years (B) petroglyphs and pictographs; means the Secretary of the Interior, acting after the date of enactment of this Act, the (C) the westernmost village of the Fremont through the Director of the National Park management entity shall develop and submit culture; and Service. to the Secretary for approval a management (D) communities of Western Shoshone, SEC. 2104. GREAT BASIN NATIONAL HERITAGE plan for the Heritage Route that— Paiute, and Goshute tribes; ROUTE. (1) specifies— (A) any resources designated by the man- (8) the Heritage Route contains multiple (a) ESTABLISHMENT.—There is established biologically diverse ecological communities the Great Basin National Heritage Route to agement entity under section 2104(a); and that are home to exceptional species such provide the public with access to certain his- (B) the specific boundaries of the Heritage as— torical, cultural, natural, scenic, and rec- Route, as determined under section 2104(b); (A) bristlecone pines, the oldest living reational resources in White Pine County, and trees in the world; Nevada, Millard County, Utah, and the (2) presents clear and comprehensive rec- (B) wildlife adapted to harsh desert condi- Duckwater Shoshone Reservation in the ommendations for the conservation, funding, tions; State of Nevada, as designated by the man- management, and development of the Herit- (C) unique plant communities, lakes, and agement entity. age Route. (b) CONSIDERATIONS.—In developing the streams; and (b) BOUNDARIES.—The management entity management plan, the management entity (D) native Bonneville cutthroat trout; shall determine the specific boundaries of shall— (9) the air and water quality of the Herit- the Heritage Route. (1) provide for the participation of local age Route is among the best in the United (c) MANAGEMENT ENTITY.— States, and the clear air permits outstanding residents, public agencies, and private orga- (1) IN GENERAL.—The Great Basin Heritage nizations located within the counties of Mil- viewing of the night skies; Route Partnership shall serve as the man- lard County, Utah, White Pine County, Ne- (10) the Heritage Route includes unique agement entity for the Heritage Route. and outstanding geologic features such as vada, and the Duckwater Shoshone Reserva- (2) BOARD OF DIRECTORS.—The Great Basin tion in the protection and development of re- numerous limestone caves, classic basin and Heritage Route Partnership shall be gov- sources of the Heritage Route, taking into range topography with playa lakes, alluvial erned by a board of directors that consists consideration State, tribal, county, and local fans, volcanics, cold and hot springs, and rec- of— land use plans in existence on the date of en- ognizable features of ancient Lake Bonne- (A) 4 members who are appointed by the actment of this Act; ville; Board of County Commissioners for Millard (2) identify sources of funding; (11) the Heritage Route includes an un- County, Utah; (3) include— usual variety of open space and recreational (B) 4 members who are appointed by the (A) a program for implementation of the and educational opportunities because of the Board of County Commissioners for White management plan by the management enti- great quantity of ranching activity and pub- Pine County, Nevada; and ty, including— lic land (including city, county, and State (C) a representative appointed by each Na- (i) plans for restoration, stabilization, re- parks, national forests, Bureau of Land Man- tive American Tribe participating in the habilitation, and construction of public or agement land, and a national park); Heritage Route. (12) there are significant archaeological, tribal property; and historical, cultural, natural, scenic, and rec- SEC. 2105. MEMORANDUM OF UNDERSTANDING. (ii) specific commitments by the identified reational resources in the Great Basin to (a) IN GENERAL.—In carrying out this title, partners referred to in section 2105(b)(4) for merit the involvement of the Federal Gov- the Secretary, in consultation with the Gov- the first 5 years of operation; and ernment in the development, in cooperation ernors of the States of Nevada and Utah and (B) an interpretation plan for the Heritage with the Great Basin Heritage Route Part- the tribal government of each Indian tribe Route; and nership and other local and governmental participating in the Heritage Route, shall (4) develop a management plan that will entities, of programs and projects to— enter into a memorandum of understanding not infringe on private property rights with- (A) adequately conserve, protect, and in- with the management entity. out the consent of the owner of the private terpret the heritage of the Great Basin for (b) INCLUSIONS.—The memorandum of un- property. present and future generations; and derstanding shall include information relat- (c) FAILURE TO SUBMIT.—If the manage- (B) provide opportunities in the Great ing to the objectives and management of the ment entity fails to submit a management Basin for education; and Heritage Route, including— plan to the Secretary in accordance with (13) the Great Basin Heritage Route Part- (1) a description of the resources of the subsection (a), the Heritage Route shall no nership shall serve as the management enti- Heritage Route; longer qualify for Federal funding. ty for a Heritage Route established in the (2) a discussion of the goals and objectives (d) APPROVAL AND DISAPPROVAL OF MAN- Great Basin. of the Heritage Route, including— AGEMENT PLAN.— (b) PURPOSES.—The purposes of this title (A) an explanation of the proposed ap- (1) IN GENERAL.—Not later than 90 days are— proach to conservation, development, and in- after receipt of a management plan under (1) to foster a close working relationship terpretation; and subsection (a), the Secretary, in consultation with all levels of government, the private (B) a general outline of the anticipated with the Governors of the States of Nevada sector, and the local communities within protection and development measures; and Utah, shall approve or disapprove the White Pine County, Nevada, Millard County, (3) a description of the management entity; management plan. Utah, and the Duckwater Shoshone Reserva- (4) a list and statement of the financial (2) CRITERIA.—In determining whether to tion; commitment of the initial partners to be in- approve a management plan, the Secretary (2) to enable communities referred to in volved in developing and implementing the shall consider whether the management paragraph (1) to conserve their heritage management plan; and plan—

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.061 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11931

(A) has strong local support from a diver- garding the implementation of the manage- (2) FORM OF NON-FEDERAL SHARE.—The non- sity of landowners, business interests, non- ment plan; Federal share may be in the form of in-kind profit organizations, and governments asso- (4) submit substantial amendments (in- contributions, donations, grants, and loans ciated with the Heritage Route; cluding any increase of more than 20 percent from individuals and State or local govern- (B) is consistent with and complements in the cost estimates for implementation) to ments or agencies. continued economic activity along the Herit- the management plan to the Secretary for SEC. 2111. TERMINATION OF AUTHORITY. age Route; approval by the Secretary; and The authority of the Secretary to provide (C) has a high potential for effective part- (5) for any year for which Federal funds are assistance under this title terminates on the nership mechanisms; received under this title— date that is 15 years after the date of enact- (D) avoids infringing on private property (A) submit to the Secretary a report that ment of this Act. rights; and describes, for the year— TITLE XXII—BLEEDING KANSAS AND EN- (E) provides methods to take appropriate (i) the accomplishments of the manage- DURING STRUGGLE FOR FREEDOM NA- action to ensure that private property rights ment entity; TIONAL HERITAGE AREA (ii) the expenses and income of the man- are observed. SEC. 2201. SHORT TITLE. (3) ACTION FOLLOWING DISAPPROVAL.—If the agement entity; and This title may be cited as the ‘‘Bleeding Secretary disapproves a management plan (iii) each entity to which any loan or grant Kansas National Heritage Area Act’’. under paragraph (1), the Secretary shall— was made; SEC. 2202. FINDINGS AND PURPOSE. (A) advise the management entity in writ- (B) make available for audit all records (a) FINDINGS.—Congress finds the fol- pertaining to the expenditure of the funds ing of the reasons for the disapproval; lowing: and any matching funds; and (B) make recommendations for revisions to (1) The Bleeding Kansas National Heritage (C) require, for all agreements authorizing the management plan; and Area is a cohesive assemblage of natural, the expenditure of Federal funds by any enti- (C) not later than 90 days after the receipt historic, cultural, and recreational resources ty, that the receiving entity make available of any proposed revision of the management that— for audit all records pertaining to the ex- plan from the management entity, approve (A) together represent distinctive aspects penditure of the funds. or disapprove the proposed revision. of American heritage worthy of recognition, (e) IMPLEMENTATION.—On approval of the (c) PROHIBITION ON THE ACQUISITION OF conservation, interpretation, and continuing management plan as provided in subsection REAL PROPERTY.—The management entity use; (d)(1), the management entity, in conjunc- shall not use Federal funds made available (B) are best managed through partnerships tion with the Secretary, shall take appro- under this title to acquire real property or priate steps to implement the management any interest in real property. between private and public entities; and plan. (d) PROHIBITION ON THE REGULATION OF (C) will build upon the Kansas rural devel- (f) AMENDMENTS.— LAND USE.—The management entity shall opment policy and the new homestead act to (1) IN GENERAL.—The Secretary shall re- not regulate land use within the Heritage recognize inherent strengths of small towns view each amendment to the management Route. and rural communities—close-knit commu- plan that the Secretary determines may SEC. 2108. DUTIES AND AUTHORITIES OF FED- nities, strong local business networks, and a make a substantial change to the manage- ERAL AGENCIES. tradition of entrepreneurial creativity. ment plan. (a) TECHNICAL AND FINANCIAL ASSIST- (2) The Bleeding Kansas National Heritage (2) USE OF FUNDS.—Funds made available ANCE.— Area reflects traditions, customs, beliefs, under this title shall not be expended to im- (1) IN GENERAL.—The Secretary may, on re- folk life, or some combination thereof, that plement an amendment described in para- quest of the management entity, provide are a valuable part of the heritage of the graph (1) until the Secretary approves the technical and financial assistance to develop United States. amendment. and implement the management plan and (3) The Bleeding Kansas National Heritage memorandum of understanding. SEC. 2107. AUTHORITY AND DUTIES OF MANAGE- Area provides outstanding opportunities to MENT ENTITY. (2) PRIORITY FOR ASSISTANCE.—In providing conserve natural, cultural, or historic fea- (a) AUTHORITIES.—The management entity assistance under paragraph (1), the Secretary tures, or some combination thereof. may, for purposes of preparing and imple- shall, on request of the management entity, (4) The Bleeding Kansas National Heritage menting the management plan, use funds give priority to actions that assist in— Area provides outstanding recreational and made available under this title to— (A) conserving the significant archae- interpretive opportunities. (1) make grants to, and enter into coopera- ological, historical, cultural, natural, scenic, (5) The Bleeding Kansas National Heritage tive agreements with, a State (including a and recreational resources of the Heritage Area has an identifiable theme, and re- political subdivision), an Indian tribe, a pri- Route; and sources important to the theme retain integ- vate organization, or any person; and (B) providing education, interpretive, and rity capable of supporting interpretation. (2) hire and compensate staff. recreational opportunities, and other uses (6) Residents, nonprofit organizations, (b) DUTIES.—In addition to developing the consistent with those resources. other private entities, and units of local gov- management plan, the management entity (b) APPLICATION OF FEDERAL LAW.—The es- ernment throughout the Bleeding Kansas shall— tablishment of the Heritage Route shall have National Heritage Area demonstrate support (1) give priority to implementing the no effect on the application of any Federal for designation of the Bleeding Kansas Na- memorandum of understanding and the man- law to any property within the Heritage tional Heritage Area as a national heritage Route. agement plan, including taking steps to— area and for management of the Bleeding (A) assist units of government, regional SEC. 2109. LAND USE REGULATION; APPLICA- Kansas National Heritage Area as appro- BILITY OF FEDERAL LAW. planning organizations, and nonprofit orga- priate for such designation. (a) LAND USE REGULATION.—Nothing in this nizations in— (7) Capturing these interconnected stories title— (i) establishing and maintaining interpre- (1) modifies, enlarges, or diminishes any through partnerships with National Park tive exhibits along the Heritage Route; authority of the Federal, State, tribal, or Service sites, Kansas State Historical Soci- (ii) developing recreational resources along local government to regulate by law (includ- ety sites, local organizations, and citizens the Heritage Route; ing by regulation) any use of land; or will augment the story opportunities within (iii) increasing public awareness of and ap- (2) grants any power of zoning or land use the prospective boundary for the educational preciation for the archaeological, historical, to the management entity. and recreational benefit of this and future cultural, natural, scenic, and recreational re- (b) APPLICABILITY OF FEDERAL LAW.—Noth- generations of Americans. sources and sites along the Heritage Route; ing in this title— (8) Communities throughout this region and (1) imposes on the Heritage Route, as a re- know the value of their Bleeding Kansas leg- (iv) if requested by the owner, restoring, sult of the designation of the Heritage acy, but require expansion of the existing co- stabilizing, or rehabilitating any private, Route, any regulation that is not applicable operative framework to achieve key preser- public, or tribal historical building relating to the area within the Heritage Route as of vation, education, and other significant to the themes of the Heritage Route; the date of enactment of this Act; or goals by working more closely together. (B) encourage economic viability and di- (2) authorizes any agency to promulgate a (9) The State of Kansas officially recog- versity along the Heritage Route in accord- regulation that applies to the Heritage nized the national significance of the Bleed- ance with the objectives of the management Route solely as a result of the designation of ing Kansas story when it designated the her- plan; and the Heritage Route under this title. itage area development as a significant stra- (C) encourage the installation of clear, SEC. 2110. AUTHORIZATION OF APPROPRIATIONS. tegic goal within the statewide economic de- consistent, and environmentally appropriate (a) IN GENERAL.—There is authorized to be velopment plan. signage identifying access points and sites of appropriated to carry out this title (10) Territorial Kansas Heritage Alliance is interest along the Heritage Route; $10,000,000, of which not more than $1,000,000 a nonprofit corporation created for the pur- (2) consider the interests of diverse govern- may be made available for any fiscal year. poses of preserving, interpreting, developing, mental, business, and nonprofit groups asso- (b) COST SHARING.— promoting and, making available to the pub- ciated with the Heritage Route; (1) FEDERAL SHARE.—The Federal share of lic the story and resources related to the (3) conduct public meetings in the region of the cost of any activity assisted under this story of Bleeding Kansas and the Enduring the Heritage Route at least semiannually re- title shall not exceed 50 percent. Struggle for Freedom.

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.061 S07PT1 S11932 CONGRESSIONAL RECORD — SENATE December 7, 2004 (11) Territorial Kansas Heritage Alliance (11) To educate and cultivate among its SEC. 2205. AUTHORITIES, DUTIES, AND PROHIBI- has completed a study that— citizens, particularly its youth, the stories TIONS OF THE MANAGEMENT ENTI- (A) describes in detail the role, operation, and cultural resources of the region’s legacy TY. financing, and functions of Territorial Kan- that— (a) AUTHORITIES.—The management entity sas Heritage Alliance, the management enti- (A) reflect the popular phrase ‘‘Bleeding may, for purposes of preparing and imple- ty; and Kansas’’ describing the conflict over slavery menting the management plan, use funds made available under this title to— (B) provides adequate assurances that Ter- that became nationally prominent in Kansas (1) prepare a management plan for the Her- ritorial Kansas Heritage Alliance, the man- just before and during the American Civil itage Area; agement entity, is likely to have the finan- War; (2) prepare reports, studies, interpretive cial resources necessary to implement the (B) reflect the commitment of American exhibits and programs, historic preservation management plan for the Heritage Area, in- settlers who first fought and killed to uphold projects, and other activities recommended cluding resources to meet matching require- their different and irreconcilable principles in the management plan for the Heritage ment for grants. of freedom and equality during the years of Area; (12) There are at least 7 National Historic the Kansas Conflict; (3) pay for operational expenses of the Landmarks, 32 National Register properties, (C) reflect the struggle for freedom, experi- 3 Kansas Register properties, and 7 prop- management entity incurred within the first enced during the ‘‘Bleeding Kansas’’ era, 10 fiscal years beginning after the date of the erties listed on the National Underground that continues to be a vital and pressing Railroad Network to Freedom that con- enactment of this Act designating the Herit- issue associated with the real problem of age Area; tribute to the Heritage Area as well as other democratic nation building; and significant properties that have not been (4) make grants or loans to entities defined (D) recreate the physical environment re- in the management plan; designated at this time. vealing its impact on agriculture, transpor- (13) There is an interest in interpreting all (5) enter into cooperative agreements with tation, trade and business, and social and the State of Kansas, its political subdivi- sides of the Bleeding Kansas story that re- cultural patterns in urban and rural set- quires further work with several counties in sions, nonprofit organizations, and other or- tings. ganizations; Missouri interested in joining the area. (12) To interpret the effect of the era’s (14) In 2004, the State of Kansas is com- (6) hire and compensate staff; democratic ethos on the development of (7) obtain money from any source under memorating the Sesquicentennial of the America’s distinctive political culture. signing of the Kansas-Nebraska Act, opening any program or law to be used for a regrant the territory to settlement. SEC. 2203. DEFINITIONS. program requiring the recipient of such (b) PURPOSES.—The purposes of this title For the purposes of this title: money to make a contribution in order to re- ceive it; are as follows: (1) MANAGEMENT ENTITY.—The term ‘‘man- (1) To designate a region in eastern Kansas agement entity’’ means Territorial Kansas (8) contract for goods and services; and and western Missouri containing nationally Heritage Alliance, recognized by the Sec- (9) offer a competitive grants program to important natural, historic, and cultural re- retary, in consultation with the chief execu- contributing partners requiring a dollar-for- sources and recreational and educational op- tive officer of the State of Kansas, that dollar match of Federal funds. (b) DUTIES OF THE MANAGEMENT ENTITY.— portunities that are geographically assem- agrees to perform the duties of a local co- In addition to developing the management bled and thematically related as areas that ordinating entity under this title. provide unique frameworks for under- plan, the management entity shall— (2) HERITAGE AREA.—The term ‘‘Heritage standing the great and diverse character of (1) give priority to the implementation of Area’’ means the Bleeding Kansas and the actions, goals, strategies, and standards set the United States and the development of Enduring Struggle for Freedom National communities and their surroundings as the forth in the management plan, including as- Heritage Area in eastern Kansas and western sisting units of government and other per- Bleeding Kansas National Heritage Area. Missouri. (2) To strengthen, complement, and sup- sons in— (3) SECRETARY.—The term ‘‘Secretary’’ port the Fort Scott, Brown v. Board of Edu- (A) encouraging economic viability in the means the Secretary of the Interior. cation, Nicodemus and Tallgrass Prairie Heritage Area in accordance with the goals (4) UNIT OF LOCAL GOVERNMENT.—The term sites through the interpretation and con- of the management plan; ‘‘unit of local government’’ means the gov- servation of the associated living landscapes (B) establishing interpretive exhibits in ernment of a State, a political subdivision of outside of the boundaries of these units of the Heritage Area; a State, or an Indian tribe. the National Park System. (C) increasing public awareness of and ap- (3) To describe the extent of Federal re- SEC. 2204. BLEEDING KANSAS AND THE ENDUR- preciation for the cultural, historical, and sponsibilities and duties in regard to the ING STRUGGLE FOR FREEDOM NA- natural resources of the Heritage Area; Heritage Area. TIONAL HERITAGE AREA. (D) supporting the restoration of historic (4) To further collaboration and partner- (a) ESTABLISHMENT.—There is established buildings that are— ships among Federal, State, and local gov- in the State of Kansas the Bleeding Kansas (i) located in the Heritage Area; and ernments, nonprofit organizations, and the and the Enduring Struggle for Freedom Na- (ii) related to the themes of the Heritage private sector, or combinations thereof, to tional Heritage Area. Area; conserve and manage the resources and op- (E) the conservation of contributing land- (b) BOUNDARIES.—The Heritage Area shall portunities in the Heritage Area through include the following: scapes and natural resources; and grants, technical assistance, training and (1) An area located in eastern Kansas and (F) the installation throughout the Herit- other means. western Missouri, consisting currently of age Area of signs identifying public access (5) To authorize Federal financial and Allen, Anderson, Bourbon, Cherokee, Clay, points and sites of interest; technical assistance to management entity Coffey, Crawford, Douglas, Franklin, Geary, (2) prepare and implement the manage- to assist in the conservation and interpreta- Johnson, Labette, Leavenworth, Linn, ment plan while considering the interests of tion of the Heritage Area. Miami, Neosho, Pottawatomie, Riley, Shaw- diverse units of government, businesses, pri- (6) To empower communities and organiza- nee, Wabaunsee, Wilson, Woodson, Wyan- vate property owners, and nonprofit groups tions in Kansas to preserve the special his- dotte Counties in Kansas and tentatively in- within the Heritage Area; toric identity of Bleeding Kansas and with it cluding additional counties in Kansas and (3) conduct public meetings in conjunction the identity of the Nation. western Missouri to be included in the devel- with training and skill building workshops (7) To provide for the management, preser- opment of the management plan. regarding the development and implementa- vation, protection, and interpretation of the (2) Contributing sites, buildings, and dis- tion of the management plan; and natural, historical, and cultural resources tricts within the area will be recommended (4) for any fiscal year for which Federal within the region for the educational and in- by the management plan. funds are received under this title— spirational benefit of current and future gen- (A) submit to the Secretary a report that erations. (c) MAP.—Final boundary will be defined describes, for the year— (8) To provide greater community capacity during the management plan development. A (i) accomplishments of the management through inter-local cooperation. map of the Heritage Area shall be included in entity; (9) To provide a vehicle, particularly in the the management plan. The map shall be on (ii) expenses and income of the manage- four counties with high out-migration of file in the appropriate offices of the National ment entity; population, to recognize that self-reliance Park Service, Department of the Interior. (iii) each entity to which a grant was and resilience will be the keys to their eco- (d) MANAGEMENT ENTITY.—The manage- made; and nomic future. ment entity for the Heritage Area shall be (iv) an accounting of matching funds ob- (10) To build upon the Kansas rural devel- Territorial Kansas Heritage Alliance, a non- tained to meet grant guidelines; opment policy, the Kansas agritourism ini- profit organization established in the State (B) conduct an annual audit with a neutral tiative and the new homestead act to recog- of Kansas, recognized by the Secretary, in auditing firm and make available for audit nize inherent strengths of small towns and consultation with the chief executive officer by Congress, the Secretary, and appropriate rural communities—close-knit communities, of the State of Kansas, that agrees to per- units of government, all records pertaining strong local business networks, and a tradi- form the duties of a local coordinating enti- to the expenditure of the funds and any tion of entrepreneurial creativity. ty under this title. matching funds; and

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.061 S07PT1 December 7, 2004 CONGRESSIONAL RECORD — SENATE S11933 (C) require, for all agreements authorizing (F) an analysis of ways in which local, (1) consider the potential effect of the ac- expenditure of Federal funds by any entity, State, and Federal programs may best be co- tivity on the purposes of the Heritage Area that the receiving entity make available for ordinated to promote the purposes of this and the management plan; audit all records pertaining to the expendi- title; and (2) consult with the management entity re- ture of their funds. (G) a business plan that— garding the activity; and (c) PROHIBITION OF ACQUISITION OF REAL (i) describes in detail the role, operation, (3) to the maximum extent practicable, PROPERTY.—The management entity shall financing, and functions of the management conduct or support the activity to avoid ad- not use Federal funds received under this entity for each activity included in the rec- verse effects on the Heritage Area. title to acquire real property or an interest ommendations contained in the management (c) OTHER ASSISTANCE NOT AFFECTED.—This in real property. plan; and title does not affect the authority of any (d) OTHER SOURCES.—Nothing in this title (ii) provides, to the satisfaction of the Sec- Federal official to provide technical or finan- precludes the management entity from using retary, adequate assurances that the man- cial assistance under any other law. Federal funds from other sources for author- agement entity is likely to have the finan- (d) NOTIFICATION OF OTHER FEDERAL AC- ized purposes. cial resources necessary to implement the TIVITIES.—The head of each Federal agency shall provide to the Secretary and the man- SEC. 2206. MANAGEMENT PLAN. management plan for the Heritage Area, in- agement entity, to the extent practicable, (a) REQUIREMENTS.—The management enti- cluding resources to meet matching require- ment for grants awarded under this title. advance notice of all activities that may ty shall: have an impact on the Heritage Area. (1) MANAGEMENT PLAN.—Not later than 3 (c) PUBLIC NOTICE.—The management enti- SEC. 2208. PRIVATE PROPERTY PROTECTION. years after the date funds are made available ty shall place a notice of each of its public meetings in a newspaper of general circula- (a) ACCESS TO PRIVATE PROPERTY.—Noth- for this purpose, prepare and submit a man- ing in this title shall be construed to require agement plan reviewed by participating tion in the Heritage Area and shall make the minutes of the meeting available to the pub- any private property owner to permit public units of local government within the bound- access (including Federal, State, or local lic. aries of the proposed Heritage Area. government access) to such private property. (d) DISQUALIFICATION FROM FUNDING.—If a (2) COLLABORATION.—Collaborate with and Nothing in this title shall be construed to proposed management plan is not submitted consider the interests of diverse units of gov- modify any provision of Federal, State, or ernment, businesses, tourism officials, pri- to the Secretary within 4 years of the date of local law with regard to public access to or vate property owners, and nonprofit groups the enactment of this Act, the management use of private lands. within the geographic area of the Heritage entity shall be ineligible to receive addi- (b) LIABILITY.—Designation of the Heritage Area in developing and implementing such a tional funding under this title until the date Area shall not be considered to create any li- management plan. on which the Secretary receives the proposed ability, or to have any effect on any liability (3) PUBLIC INVOLVEMENT.—Ensure regular management plan. under any other law, of any private property public involvement, including public meet- (e) APPROVAL AND DISAPPROVAL OF MAN- owner with respect to any persons injured on ings at least annually, regarding the imple- AGEMENT PLAN.—The Secretary shall approve such private property. mentation of the management plan. or disapprove the proposed management plan (c) RECOGNITION OF AUTHORITY TO CONTROL (b) CONTENTS OF MANAGEMENT PLAN.—The submitted under this title not later than 90 LAND USE.—Nothing in this title shall be management plan prepared for the Heritage days after receiving such proposed manage- construed to modify any authority of Fed- Area shall— ment plan. eral, State, or local governments to regulate (1) present a comprehensive program for (f) ACTION FOLLOWING DISAPPROVAL.—If the land use. the conservation, interpretation, funding, Secretary disapproves a proposed manage- (d) PARTICIPATION OF PRIVATE PROPERTY management, and development of the Herit- ment plan, the Secretary shall advise the OWNERS IN HERITAGE AREAS.—Nothing in this age Area, in a manner consistent with the management entity in writing of the reasons title shall be construed to require the owner existing local, State, and Federal land use for the disapproval and shall make rec- of any private property located within the laws and compatible economic viability of ommendations for revisions to the proposed boundaries of the Heritage Area to partici- pate in or be associated with the Heritage the Heritage Area; management plan. The Secretary shall ap- Area. (2) establish criteria or standards to meas- prove or disapprove a proposed revision with- (e) LAND USE REGULATION.— ure what is selected for conservation, inter- in 90 days after the date it is submitted. (1) IN GENERAL.—The management entity (g) APPROVAL OF AMENDMENTS.—The Sec- pretation, funding, management, and devel- shall provide assistance and encouragement opment; retary shall review and approve substantial amendments to the management plan. Funds to State and local governments, private or- (3) involve residents, public agencies, and ganizations, and persons to protect and pro- private organizations working in the Herit- appropriated under this title may not be ex- pended to implement any changes made by mote the resources and values of the Herit- age Area; age Area. (4) specify and coordinate, as of the date of such amendment until the Secretary ap- proves the amendment. (2) EFFECT.—Nothing in this title— the management plan, existing and potential (A) affects the authority of the State or sources of technical and financial assistance SEC. 2207. TECHNICAL AND FINANCIAL ASSIST- local governments to regulate under law any ANCE; OTHER FEDERAL AGENCIES. under this and other Federal laws to protect, use of land; or (a) TECHNICAL AND FINANCIAL ASSIST- manage, and develop the Heritage Area; and (B) grants any power of zoning or land use ANCE.— (5) include— to the management entity. (A) actions to be undertaken by units of (1) IN GENERAL.—On the request of the (f) PRIVATE PROPERTY.— government and private organizations to management entity, the Secretary may pro- (1) IN GENERAL.—The management entity protect, conserve, and interpret the re- vide technical and financial assistance for shall be an advocate for land management sources of the Heritage Area; the development and implementation of the practices consistent with the purposes of the (B) an inventory of the resources contained management plan. Heritage Area. in the Heritage Area, including a list of any (2) PRIORITY FOR ASSISTANCE.—In providing (2) EFFECT.—Nothing in this title— property in the Heritage Area that is related assistance under paragraph (1), the Secretary (A) abridges the rights of any person with to the themes of the Heritage Area and that shall give priority to actions that assist in— regard to private property; meets the establishing criteria (such as, but (A) conserving the significant cultural, his- (B) affects the authority of the State or not exclusive to, visitor readiness) to merit toric, and natural resources of the Heritage local government regarding private prop- preservation, restoration, management, de- Area; and erty; or velopment, or maintenance because of its (B) providing educational, interpretive, (C) imposes any additional burden on any natural, cultural, historical, or recreational and recreational opportunities consistent property owner. significance; with the purposes of the Heritage Area. SEC. 2209. REQUIREMENTS FOR INCLUSION OF (C) policies for resource management in- (3) SPENDING FOR NON-FEDERAL PROPERTY.— PRIVATE PROPERTY. cluding the development of intergovern- The management entity may expend Federal (a) NOTIFICATION AND CONSENT OF PROP- mental cooperative agreements, private sec- funds made available under this title on non- ERTY OWNERS REQUIRED.—No privately tor agreements, or any combination thereof, Federal property that— owned property shall be governed by the to protect the historical, cultural, rec- (A) meets the criteria in the approved management plan for the Heritage Area reational, and natural resources of the Herit- management plan; or until the owner of that private property has age Area in a manner consistent with sup- (B) is listed or eligible for listing on the been notified in writing by the management porting appropriate and compatible eco- National Register of Historic Places. entity and has given written consent for nomic viability; (4) OTHER ASSISTANCE.—The Secretary may such inclusion to the management entity. (D) a program for implementation of the enter into cooperative agreements with pub- (b) LANDOWNER WITHDRAW.—Any owner of management plan by the designated manage- lic and private organizations to carry out private property included within the bound- ment entity, in cooperation with its partners this subsection. ary of the Heritage Area, and not notified and units of local government; (b) OTHER FEDERAL AGENCIES.—Any Fed- under subsection (a), shall have their prop- (E) evidence that relevant State, county, eral entity conducting or supporting an ac- erty immediately removed from the bound- and local plans applicable to the Heritage tivity that directly affects the Heritage Area ary by submitting a written request to the Area have been taken into consideration; shall— management entity.

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.062 S07PT1 S11934 CONGRESSIONAL RECORD — SENATE December 7, 2004 SEC. 2210. SAVINGS PROVISIONS. natural resources, including coal, uranium, diction over property proposed to be included (a) RULES, REGULATIONS, STANDARDS, AND silver, gold, and copper; in the Heritage Area written notice of the PERMIT PROCESSES.—Nothing in this title (8) the Mormon colonization played a sig- proposed inclusion. shall be construed to impose any environ- nificant role in the history and progress of (c) ADMINISTRATION.—The Heritage Area mental, occupational, safety, or other rule, the development and settlement of the west- shall be administered in accordance with regulation, standard, or permit process in ern United States; and this title. the Heritage Area that is different from (9) the artisans, crafters, innkeepers, out- SEC. 2305. DESIGNATION OF ALLIANCE AS MAN- those that would be applicable if the Herit- fitters, historic landscape, customs, national AGEMENT ENTITY. age Area had not been established. parks, and architecture in the Heritage Area (a) IN GENERAL.—The Alliance shall be the (b) WATER AND WATER RIGHTS.—Nothing in make the Heritage Area unique. management entity for the Heritage Area. this title shall be construed to authorize or (b) PURPOSE.—The purpose of this title is (b) FEDERAL FUNDING.— imply the reservation or appropriation of to establish the Heritage Area to— (1) AUTHORIZATION TO RECEIVE FUNDS.—The water or water rights. (1) foster a close working relationship with Alliance may receive amounts made avail- (c) NO DIMINISHMENT OF STATE AUTHOR- all levels of government, the private sector, able to carry out this title. ITY.—Nothing in this title shall be construed residents, business interests, and local com- (2) DISQUALIFICATION.—If a management to diminish the authority of the State to munities in the State; plan is not submitted to the Secretary as re- manage fish and wildlife, including the regu- (2) empower communities in the State to quired under section 2306 within the time pe- lation of fishing and hunting within the Her- conserve, preserve, and enhance the heritage riod specified in that section, the Alliance itage Area. of the communities while strengthening fu- may not receive Federal funding under this (d) EXISTING NATIONAL HERITAGE AREAS.— ture economic opportunities; title until a management plan is submitted Nothing in this title shall affect any na- (3) conserve, interpret, and develop the his- to the Secretary. tional heritage area so designated before the torical, cultural, natural, and recreational (c) USE OF FEDERAL FUNDS.—The Alliance may, for the purposes of developing and im- date of the enactment of this Act. resources within the Heritage Area; and plementing the management plan, use Fed- SEC. 2211. AUTHORIZATION OF APPROPRIATIONS. (4) expand, foster, and develop heritage eral funds made available under this title— (a) IN GENERAL.—There is authorized to be businesses and products relating to the cul- (1) to make grants and loans to the State, appropriated to carry out this title tural heritage of the Heritage Area. political subdivisions of the State, nonprofit $10,000,000, of which not more than $1,000,000 SEC. 2303. DEFINITIONS. may be authorized to be appropriated for any organizations, and other persons; In this title: fiscal year. (2) to enter into cooperative agreements (1) ALLIANCE.—The term ‘‘Alliance’’ means (b) COST-SHARING REQUIREMENT.—The Fed- with or provide technical assistance to the the Utah Heritage Highway 89 Alliance. eral share of the total cost of any activity State, political subdivisions of the State, (2) BOARD.—The term ‘‘Board’’ means the assisted under this title shall be not more nonprofit organizations, and other organiza- Board of Directors of the Alliance. than 50 percent. tions; (3) HERITAGE AREA.—The term ‘‘Heritage SEC. 2212. TERMINATION OF AUTHORITY. (3) to hire and compensate staff; Area’’ means the National Mormon Pioneer (4) to obtain funds from any source under The authority of the Secretary to provide Heritage Area established by section 2304(a). assistance under this title terminates on the any program or law requiring the recipient (4) MANAGEMENT PLAN.—The term ‘‘man- of funds to make a contribution in order to date that is 10 years after the date of the en- agement plan’’ means the plan developed by actment of this Act. receive the funds; and the Board under section 2306(a). (5) to contract for goods and services. TITLE XXIII—NATIONAL MORMON (5) SECRETARY.—The term ‘‘Secretary’’ (d) PROHIBITION OF ACQUISITION OF REAL PIONEER HERITAGE AREA means the Secretary of the Interior. PROPERTY.—The Alliance may not use Fed- SEC. 2301. SHORT TITLE. (6) STATE.—The term ‘‘State’’ means the eral funds received under this title to ac- This title may be cited as the ‘‘National State of Utah. quire real property or any interest in real Mormon Pioneer Heritage Area Act’’. SEC. 2304. NATIONAL MORMON PIONEER HERIT- property. SEC. 2302. FINDINGS AND PURPOSE. AGE AREA. SEC. 2306. MANAGEMENT OF THE HERITAGE (a) FINDINGS.—Congress finds that— (a) ESTABLISHMENT.—There is established AREA. (1) the historical, cultural, and natural the National Mormon Pioneer Heritage Area. (a) HERITAGE AREA MANAGEMENT PLAN.— heritage legacies of Mormon colonization (b) BOUNDARIES.— (1) DEVELOPMENT AND SUBMISSION FOR RE- and settlement are nationally significant; (1) IN GENERAL.—The boundaries of the VIEW.—Not later than 3 years after the date (2) in the area starting along the Highway Heritage Area shall include areas in the of enactment of this Act, the Board, with 89 corridor at the Arizona border, passing State that are— public participation, shall develop and sub- through Kane, Garfield, Piute, Sevier, (A) related to the corridors— mit for review to the Secretary a manage- Wayne, and Sanpete Counties in the State of (i) from the Arizona border northward ment plan for the Heritage Area. Utah, and terminating in Fairview, Utah, through Kanab, Utah, and to the intersection (2) CONTENTS.—The management plan there are a variety of heritage resources that of Highway 89 and Highway 12, including shall— demonstrate— Highway 12 and Highway 24 as those high- (A) present comprehensive recommenda- (A) the colonization of the western United ways loop off Highway 89 and rejoin Highway tions for the conservation, funding, manage- States; and 89 at Sigurd; ment, and development of the Heritage Area; (B) the expansion of the United States as a (ii) from Highway 89 at the intersection of (B) take into consideration Federal, State, major world power; Highway 12 through Panguitch, Junction, county, and local plans in effect on the date (3) the great relocation to the western Marysvale, and Sevier County to Sigurd; of enactment of this Act; United States was facilitated by— (iii) continuing northward along Highway (C) involve residents, public agencies, and (A) the 1,400 mile trek from Illinois to the 89 through Axtell and Sterling, Sanpete private organizations in the Heritage Area; Great Salt Lake by the Mormon pioneers; County, to Fairview, Sanpete County, at the (D) include a description of actions that and junction with Utah Highway 31; and units of government and private organiza- (B) the subsequent colonization effort in (iv) continuing northward along Highway tions are recommended to take to protect Nevada, Utah, the southeast corner of Idaho, 89 through Fairview and Thistle Junction, to the resources of the Heritage Area; the southwest corner of Wyoming, large the junction with Highway 6; and (E) specify existing and potential sources areas of southeastern Oregon, much of south- (B) located in the following communities: of Federal and non-Federal funding for the ern California, and areas along the eastern Kanab, Mt. Carmel, Orderville, Glendale, conservation, management, and development border of California; Alton, Cannonville, Tropic, Henrieville, of the Heritage Area; and (4) the 250-mile Highway 89 corridor from Escalante, Boulder, Teasdale, Fruita, (F) include— Kanab to Fairview, Utah, contains some of Hanksville, Torrey, Bicknell, Loa, Hatch, (i) an inventory of resources in the Herit- the best features of the Mormon colonization Panquitch, Circleville, Antimony, Junction, age Area that— experience in the United States; Marysvale, Koosharem, Sevier, Joseph, Mon- (I) includes a list of property in the Herit- (5) the landscape, architecture, traditions, roe, Elsinore, Richfield, Glenwood, Sigurd, age Area that should be conserved, restored, beliefs, folk life, products, and events along Aurora, Salina, Mayfield, Sterling, Gunni- managed, developed, or maintained because Highway 89 convey the heritage of the pio- son, Fayette, Manti, Ephraim, Spring City, of the historical, cultural, or natural signifi- neer settlement; Mt. Pleasant, Moroni, Fountain Green, and cance of the property as the property relates (6) the Boulder Loop, Capitol Reef National Fairview. to the themes of the Heritage Area; and Park, Zion National Park, Bryce Canyon Na- (2) MAP.—The Secretary shall prepare a (II) does not include any property that is tional Park, and the Highway 89 area convey map of the Heritage Area, which shall be on privately owned unless the owner of the the compelling story of how early settlers— file and available for public inspection in the property consents in writing to the inclu- (A) interacted with Native Americans; and office of the Director of the National Park sion; (B) established towns and cities in a harsh, Service. (ii) a recommendation of policies for re- yet spectacular, natural environment; (3) NOTICE TO LOCAL GOVERNMENTS.—The source management that consider the appli- (7) the colonization and settlement of the Alliance shall provide to the government of cation of appropriate land and water man- Mormon settlers opened up vast amounts of each city, town, and county that has juris- agement techniques, including policies for

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the development of intergovernmental coop- (2) the expenses and income of the Alli- (c) LOCAL AUTHORITY AND PRIVATE PROP- erative agreements to manage the historical, ance; and ERTY NOT AFFECTED.—Nothing in this title cultural, and natural resources and rec- (3) the entities to which the Alliance made affects or authorizes the Alliance to inter- reational opportunities of the Heritage Area any loans or grants during the year for fere with— in a manner that is consistent with the sup- which the report is made. (1) the right of any person with respect to port of appropriate and compatible economic (f) COOPERATION WITH AUDITS.—For any fis- private property; or viability; cal year in which the Alliance receives Fed- (2) any local zoning ordinance or land use (iii) a program for implementation of the eral funds under this title or in which a loan plan of the State or a political subdivision of management plan, including plans for res- made by the Alliance with Federal funds the State. toration and construction; under section 2305(c)(1) is outstanding, the SEC. 2309. AUTHORIZATION OF APPROPRIATIONS. Alliance shall— (iv) a description of any commitments that (a) IN GENERAL.—There is authorized to be have been made by persons interested in (1) make available for audit by Congress, appropriated to carry out this title the Secretary, and appropriate units of gov- management of the Heritage Area; $10,000,000, of which not more than $1,000,000 ernment all records and other information (v) an analysis of means by which Federal, may be made available for any fiscal year. relating to the expenditure of the Federal State, and local programs may best be co- (b) FEDERAL SHARE.—The Federal share of ordinated to promote the purposes of this funds and any matching funds; and the cost of any activity carried out using (2) require, with respect to all agreements title; and funds made available under this title shall authorizing expenditure of the Federal funds (vi) an interpretive plan for the Heritage not exceed 50 percent. Area. by other organizations, that the receiving organizations make available for audit all SEC. 2310. TERMINATION OF AUTHORITY. (3) APPROVAL OR DISAPPROVAL OF THE MAN- records and other information relating to The authority of the Secretary to provide AGEMENT PLAN.— the expenditure of the Federal funds. assistance under this title terminates on the (A) IN GENERAL.—Not later than 180 days (g) DELEGATION.— date that is 15 years after the date of enact- after submission of the management plan by (1) IN GENERAL.—The Alliance may dele- ment of this Act. the Board, the Secretary shall approve or gate the responsibilities and actions under TITLE XXIV—FRENCH COLONIAL HERIT- disapprove the management plan. this section for each area identified in sec- AGE NATIONAL HISTORIC SITE STUDY ISAPPROVAL AND REVISIONS.— (B) D tion 2304(b)(1). (i) IN GENERAL.—If the Secretary dis- SEC. 2401. SHORT TITLE. (2) REVIEW.—All delegated responsibilities approves the management plan, the Sec- This title may be cited as the ‘‘French Co- and actions are subject to review and ap- lonial Heritage National Historic Site Study retary shall— proval by the Alliance. (I) advise the Board, in writing, of the rea- Act of 2003’’. SEC. 2307. DUTIES AND AUTHORITIES OF FED- SEC. 2402. FINDINGS. sons for the disapproval; and ERAL AGENCIES. Congress finds that: (II) make recommendations for revision of (a) TECHNICAL ASSISTANCE AND GRANTS.— (1) The French Colonial Heritage Area has the management plan. (1) IN GENERAL.—The Secretary may pro- (ii) APPROVAL OR DISAPPROVAL.—The Sec- vide technical assistance and, subject to the great historical significance as the home of retary shall approve or disapprove proposed availability of appropriations, grants to— two of the five poteaux-en-terre (post in the revisions to the management plan not later (A) units of government, nonprofit organi- ground) vertical log French homes remain- than 60 days after receipt of the revisions zations, and other persons, at the request of ing in North America, dating from circa 1800, from the Board. the Alliance; and in addition to several other important his- (b) PRIORITIES.—The Alliance shall give (B) the Alliance, for use in developing and torical artifacts. priority to the implementation of actions, implementing the management plan. (2) The area is located within the Ste. Gen- goals, and policies set forth in the manage- (2) PROHIBITION OF CERTAIN REQUIRE- evieve National Historic District, and is ad- ment plan, including— MENTS.—The Secretary may not, as a condi- jacent to related historic properties includ- (1) assisting units of government, regional tion of the award of technical assistance or ing the third North American poteaux-en- planning organizations, and nonprofit orga- grants under this section, require any recipi- terre home, the ‘‘Le Grand Champ’’ (common nizations in— ent of the technical assistance or a grant to field used by French settlers), historic down- (A) conserving the historical, cultural, and enact or modify any land use restriction. town Ste. Genevieve, and a pre-historic Na- natural resources of the Heritage Area; (3) DETERMINATIONS REGARDING ASSIST- tive American village still evidenced by sev- (B) establishing and maintaining interpre- ANCE.—The Secretary shall determine wheth- eral ceremonial mounds. tive exhibits in the Heritage Area; er a unit of government, nonprofit organiza- (3) The Area contains some of the only ex- (C) developing recreational opportunities tion, or other person shall be awarded tech- isting examples of a French Colonial Period in the Heritage Area; nical assistance or grants and the amount of settlement, which was characterized by con- (D) increasing public awareness of and ap- technical assistance— tact that emphasized integration with the preciation for the historical, cultural, and (A) based on the extent to which the assist- local culture. natural resources of the Heritage Area; ance— (4) Local state agencies and organizations (E) restoring historic buildings that are— (i) fulfills the objectives of the manage- have undertaken significant efforts to pre- (i) located within the boundaries of the ment plan; and serve the historic architecture of Ste. Gene- Heritage Area; and (ii) achieves the purposes of this title; and vieve and convert it to educational facilities (ii) related to the theme of the Heritage (B) after giving special consideration to devoted to the history of the early French Area; and projects that provide a greater leverage of experience in the New World. (F) ensuring that clear, consistent, and en- Federal funds. (5) No current National Park System unit vironmentally appropriate signs identifying (b) PROVISION OF INFORMATION.—In coopera- has comparable historic features providing access points and sites of interest are put in tion with other Federal agencies, the Sec- the cultural backdrop required to adequately place throughout the Heritage Area; and retary shall provide the public with informa- interpret the story of the early French in the (2) consistent with the goals of the man- tion concerning the location and character New World. agement plan, encouraging economic viabil- of the Heritage Area. SEC. 2403. DEFINITIONS. ity in the affected communities by appro- (c) OTHER ASSISTANCE.—The Secretary may In this title: priate means, including encouraging and so- enter into cooperative agreements with pub- (1) AREA.—The term ‘‘Area’’ means the liciting the development of heritage prod- lic and private organizations for the pur- French Colonial Heritage Area, which in- ucts. poses of implementing this section. cludes the Bequette-Ribault, St. Gemme- (c) CONSIDERATION OF INTERESTS OF LOCAL (d) DUTIES OF OTHER FEDERAL AGENCIES.— Amoureaux, and Wilhauk homes, and the re- A Federal entity conducting any activity di- GROUPS.—In developing and implementing lated and supporting historical assets lo- rectly affecting the Heritage Area shall— the management plan, the Board shall con- cated in Ste. Genevieve County, Missouri. sider the interests of diverse units of govern- (1) consider the potential effect of the ac- (2) SECRETARY.—The term ‘‘Secretary’’ ment, businesses, private property owners, tivity on the management plan; and means the Secretary of the Interior, acting and nonprofit organizations in the Heritage (2) consult with the Alliance with respect through the Director of the National Park Area. to the activity to minimize the adverse ef- Service. (d) PUBLIC MEETINGS.—The Board shall fects of the activity on the Heritage Area. SEC. 2404. STUDY. conduct public meetings at least annually SEC. 2308. NO EFFECT ON LAND USE AUTHORITY regarding the implementation of the man- AND PRIVATE PROPERTY. (a) IN GENERAL.—Not later than 3 years agement plan. (a) NO EFFECT ON LAND USE AUTHORITY.— after the date on which funds are made avail- (e) ANNUAL REPORTS.—For any fiscal year Nothing in this title modifies, enlarges, or able to carry out this title, the Secretary in which the Alliance receives Federal funds diminishes any authority of Federal, State, shall, in consultation with the State of Mis- under this title or in which a loan made by or local government to regulate any use of souri— the Alliance with Federal funds under sec- land under any other law (including regula- (1) complete a study on the suitability and tion 2305(c)(1) is outstanding, the Alliance tions). feasibility of designating the Area as a unit shall submit to the Secretary an annual re- (b) NO ZONING OR LAND USE POWERS.— of the National Park System; and port that describes— Nothing in this title grants powers of zoning (2) submit to the Committee on Resources (1) the accomplishments of the Alliance; or land use control to the Alliance. of the House of Representatives and the

VerDate Aug 04 2004 02:21 Dec 08, 2004 Jkt 039060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.062 S07PT1 S11936 CONGRESSIONAL RECORD — SENATE December 7, 2004 Committee on Energy and Natural Resources (E) appropriate sites and locations in the consideration of the intelligence re- of the Senate a report describing the findings State of North Carolina, as the Secretary de- form conference report. We hope to of the study. termines to be appropriate. lock in a time certain for a vote on the (b) CONTENTS.—The study under subsection (c) REQUIREMENTS.—The study shall in- conference report tomorrow. We don’t (a) shall be conducted in accordance with clude analysis, documentation, and deter- Public Law 91–383 (16 U.S.C. 1a–1 et seq.). minations on whether the study area— have it now, but we hope to lock in a time certain. All Senators should SEC. 2405. AUTHORIZATION OF APPROPRIATIONS. (1) has an assemblage of natural, historic, There are authorized to be appropriated and cultural resources that— therefore expect a rollcall vote on such sums as are necessary to carry out this (A) represent distinctive aspects of the her- adoption of the conference tomorrow title. itage of the United States; afternoon. (B) are worthy of recognition, conserva- TITLE XXV—SOUTHERN CAMPAIGN OF For scheduling purposes, we would tion, interpretation, and continuing use; and THE REVOLUTION HERITAGE AREA (C) would be best managed— like to begin that vote at sometime STUDY (i) through partnerships between public around 2 or 2:30 in the afternoon. Be- SEC. 2501. SHORT TITLE. and private entities; and cause of the uncertainty of the sched- This title may be cited as the ‘‘Southern (ii) by linking diverse and sometimes non- ule, however, we will be prepared to Campaign of the Revolution Heritage Area contiguous resources and active commu- hold that vote open for an extended pe- Study Act’’. nities; riod to accommodate all Senators. SEC. 2502. DEFINITIONS. (2) reflects traditions, customs, beliefs, and That vote could extend until approxi- In this title: folklife that are a valuable part of the story mately 5 or 5:15 tomorrow afternoon to of the United States; (1) HERITAGE AREA.—The term ‘‘Heritage accommodate Senators coming in from Area’’ means the Southern Campaign of the (3) provides— Revolution Heritage Area. (A) outstanding opportunities to conserve various places around the country. (2) SECRETARY.—The term ‘‘Secretary’’ natural, historical, cultural, or scenic fea- Given the unique circumstance, we are means the Secretary of the Interior. tures; and willing to hold the vote open; however, (3) STATE.—The term ‘‘State’’ means the (B) outstanding recreational and edu- Members should prepare to come to the State of South Carolina. cational opportunities; Chamber as early as possible for the (4) STUDY AREA.—The term ‘‘study area’’ (4) contains resources that— vote. means the study area described in section (A) are important to any identified themes 3(b). of the study area; and We will notify all of our colleagues, SEC. 2503. SOUTHERN CAMPAIGN OF THE REVO- (B) would support interpretation; all of the Senators, when the time for LUTION HERITAGE AREA STUDY. (5) includes residents, business interests, the vote is locked in, but, again, it (a) IN GENERAL.—The Secretary, in con- nonprofit organizations, and State and local should cover a period of a number of sultation with State historic preservation of- governments that— different hours in order to accommo- ficers, State historical societies, the South (A) are involved in the planning of the Her- date people who, unfortunately, are Carolina Department of Parks, Recreation, itage Area; (B) have developed a conceptual financial coming in from all over the country to and Tourism, and other appropriate entities, catch this vote on this important mat- shall conduct a study to assess the suit- plan that outlines the roles of all partici- ability and feasibility of designating the pants in the Heritage Area, including the ter. study area as the Southern Campaign of the Federal Government; and Revolution Heritage Area. (C) have demonstrated support for the des- f (b) DESCRIPTION OF STUDY AREA.—The ignation of the Heritage Area; study area— (6) has a potential management entity to work in partnership with the individuals and ADJOURNMENT UNTIL 9:30 A.M. (1) shall include the counties of Anderson, TOMORROW Beaufort, Charleston, Cherokee, Chester, entities referred to in paragraph (5) while en- Chesterfield, Colleton, Darlington, Dor- couraging continued State and local eco- nomic activity; and Mr. MCCONNELL. Mr. President, if chester, Fairfield, Florence, Georgetown, there is no further business to come be- Greenville, Greenwood, Kershaw, Lancaster, (7) has a conceptual boundary map that is Laurens, Marlboro, Orangeburg, Pickens, supported by the public. fore the Senate, I ask unanimous con- Richland, Spartanburg, Sumter, Union, Wil- SEC. 2504. REPORT. sent that the Senate stand in adjourn- liamsburg, and York in the State; and Not later than the 3rd fiscal year that be- ment under the previous order. (2) may include— gins after the date on which funds are first There being no objection, the Senate, (A) National Park Service sites in the made available to carry out this title, the at 7:29 p.m., adjourned until Wednes- State, including— Secretary shall submit to the Committee on day, December 8, 2004, at 9:30 a.m. (i) the Charles Pickney National Historic Resources of the House of Representatives Site; and the Committee on Energy and Natural (ii) Cowpens National Battlefield; Resources of the Senate a report on— f (iii) Fort Moultrie National Monument; (1) the findings of the Secretary; and (iv) Kings Mountain National Military (2) any conclusions and recommendations NOMINATIONS Park; of the Secretary. (v) the National Park Service affiliate of f Executive nomination received by the Historic Camden Revolutionary War the Senate December 7, 2004: Site; and ORDERS FOR WEDNESDAY, (vi) the Ninety Six National Historic Site; DECEMBER 8, 2004 NATIONAL SECURITY EDUCATION BOARD (B) sites maintained by the State, includ- JAMES WILLIAM CARR, OF ARKANSAS, TO BE A MEM- ing— Mr. MCCONNELL. Mr. President, I BER OF THE NATIONAL SECURITY EDUCATION BOARD ask unanimous consent that when the FOR A TERM OF FOUR YEARS, VICE MANUEL TRINIDAD (i) Andrew Jackson State Park; PACHECO, TERM EXPIRED. (ii) Colonial Dorchester State Historic Senate completes its business today, it GEORGE M. DENNISON, OF MONTANA, TO BE A MEMBER Site; stand adjourned until 9:30 a.m. tomor- OF THE NATIONAL SECURITY EDUCATION BOARD FOR A TERM OF FOUR YEARS, VICE BRUCE SUNDLUN, TERM EX- (iii) Fort Watson; row, Wednesday, December 8. I further PIRED. (iv) Eutaw Springs Battle Site; ask unanimous consent that following ANDREW J. MCKENNA, JR., OF ILLINOIS, TO BE A MEM- (v) Hampton Plantation State Historic BER OF THE NATIONAL SECURITY EDUCATION BOARD the prayer and pledge, the morning FOR A TERM OF FOUR YEARS, VICE ROBERT N. Site; hour be deemed expired, the Journal of SHAMANSKY, TERM EXPIRED. (vi) Landsford Canal State Historic Site; HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF and proceedings be approved to date, and THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2008. (REAPPOINTMENT) (vii) Musgrove Mill State Park; the Senate then proceed to the con- (C) other sites in the State that are open ference report to accompany S. 2845, NATIONAL OCEANIC AND ATMOSPHERIC to the public, including— the intelligence reform bill, if received ADMINISTRATION (i) Goose Creek Church; from the House. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE (ii) Historic Brattonsville; The PRESIDING OFFICER. Without FOLLOWING FOR PERMANENT APPOINTMENT TO THE (iii) Hopsewee Plantation; GRADES INDICATED IN THE NATIONAL AERONAUTICS objection, it is so ordered. AND SPACE ADMINISTRATION. (iv) Middleton Place; and (v) Walnut Grove Plantation; f To be commander (D) the cities of Beaufort, Camden, Cayce, PROGRAM JAMES D. RATHBUN Charleston, Cheraw, Georgetown, Kingstree, Orangeburg, and Winusboro, in the State; Mr. MCCONNELL. Mr. President, to- To be lieutenant (junior grade) and morrow morning the Senate will begin ANDREW P. SEAMAN

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